📄 Sidebar: striking testimony — Thursday, March 9, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\9\SIDEBAR-STRIKING-TESTIMONY.DOC
TRIAL
▲ Day 34 of 167

Sidebar: striking testimony

Date: Thursday, March 9, 1995 • Utterances: 13
The defense (Cochran and Shapiro) asked Judge Ito to strike testimony implying Ron Goldman drove a friend's car to the crime scene, arguing it assumed facts not in evidence. Clark erupted in frustration, accusing the defense of hypocrisy after they had introduced extensive hearsay throughout the trial. Ito denied the motion.
1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
2 THE COURT:

ALL RIGHT. WE ARE OVER AT THE SIDE BAR.

3 MR. COCHRAN:

JUDGE, AND SINCE WE HAVE THE ONE SPEAKING RULE, I WILL DO IT. MR. SHAPIRO IS ABSOLUTELY RIGHT, YOU KNOW, WE ARE GOING TO GO BACK AND I ASK YOU TO CONSIDER STRIKING THE TESTIMONY ABOUT HER QUESTION ABOUT RON GOLDMAN DRIVING THAT VEHICLE THERE. WE CAN THINK OF ANY NUMBER OF SCENARIOS. HE COULD HAVE SPENT THE DAY OVER THERE WITH HER AND THAT IS -- ABSOLUTELY ASSUMES FACTS NOT IN EVIDENCE. AND I MADE THE OBJECTION AT THE TIME AND I WOULD ASK THE COURT TO RECONSIDER THAT BECAUSE I WOULD LIKE TO HAVE THAT STRICKEN, IT RELATES TO THIS WITNESS, BEFORE WE MOVE ON TO THE NEXT WITNESS, BECAUSE I THINK THAT THAT IS GOING TO BE BECOME AN ISSUE AT SOME POINT. I THINK THE COURT AGREES THAT WE ARE RIGHT ON THE OBJECTION. IF IT IS NOT, SO BE IT, MAYBE IT HELPS HER FINISH FASTER, BUT WE THINK THIS IS AN IMPORTANT POINT. I DON'T THINK ANY WITNESSES ARE GOING TO SAY HE DROVE THAT CAR THERE. THAT CAR WAS AROUND THE CORNER HEADED IN A DIRECTION WHICH MAY BE TOTALLY INCONSISTENT WITH WHERE GORHAM IS, NOW THAT WE HAVE HAD THE JURY VIEW, SO I WOULD ASK THE COURT TO DO THAT.

4 MS. CLARK:

YOU KNOW SOMETHING? I CAN'T BELIEVE THAT WE ARE UP HERE LISTENING TO COUNSEL SAY THIS. THE COURT BASICALLY BEAT THE PEOPLE INTO SUBMISSION ON THIS FACT IN DISPUTE ABOUT FAYE RESNICK GOING IN REHAB. ALL HEARSAY THAT CAME IN. WHETHER FAYE RESNICK HAD A DRUG PROBLEM. ALL HEARSAY. AND THE COURT IS ASKING THE PEOPLE IS THIS REALLY IN DISPUTE? NO, I AGREE IT IS NOT. AND SO THE COURT ALLOWED COUNSEL TO DRAG ALL THIS HEARSAY INTO THE RECORD, STUFF THAT THIS WITNESS NEVER KNEW. THE COURT WAS VERY STRICT WITH US IN SAYING THIS IS HEARSAY AND THAT IS HEARSAY AND I CAN'T TO THIS OR THAT. AND NOW THEY ARE COMPLAINING THAT A LOGICAL INFERENCE -- AS A MATTER OF FACT, THE ONLY INFERENCE THAT CAN BE DRAWN FROM CERTAIN EVIDENCE HAS BEEN BROUGHT OUT. I FIND IT JUST INCREDIBLE. THEY ARE SO GREEDY. THEY GET EVERYTHING THEY WANT. ALL OF THIS WITNESS, DRAGGING HEARSAY ALL INTO THIS COURTROOM FROM THE BOOK AND SOME NEWS SHOW AND NOW THEY TURN TO ME AND I GET HEARSAY OBJECTIONS SUSTAINED ON STUFF THAT THEY KNOW TO BE TRUE, A FACT NOT IN DISPUTE THAT THE KEYS BELONGED TO THE OWNER OF THAT CAR WHO IS A FRIEND OF RON GOLDMAN. THAT FACT IS NOT IN DISPUTE. EVERYONE KNOWS THAT.

5 MR. SHAPIRO:

THAT IS IN DISPUTE.

6 MS. CLARK:

WE COULD HAVE HAD A STIPULATION TO THAT, BUT THE COURT SUSTAINED THEIR OBJECTIONS. I UNDERSTAND WHY. BUT NOW THEY WANT TO PLAY FAST AND LOOSE EVEN MORE. THERE WAS NOTHING WRONG WITH ASKING A QUESTION THAT HAD ONLY ONE LOGICAL INFERENCE. LET HIM GO AND PROVE OTHERWISE. EVERYONE KNOWS HOW THAT CAR GOT THERE. EVERYONE KNOWS HOW KEYS -- THOSE ARE THE TECHNICAL OBJECTIONS JUST TO BREAK THE PEOPLE'S STRIDE AND BREAK UP THE CASE, I UNDERSTAND, BUT TO NOW COMPLAIN ABOUT THIS AFTER ALL THEY HAVE GOTTEN AWAY WITH IS GREEDY BEYOND BELIEF.

7 MR. COCHRAN:

THAT IS AN OBJECTION, GREEDY BEYOND BELIEF? JUDGE, JUST PUTTING ASIDE, GETTING BACK TO BEING LAWYERS, THERE WAS A PROPER OBJECTION MADE AT THE TIME. I THINK IT IS AN IMPORTANT POINT. WITH REGARD TO ALL THIS OTHER STUFF ABOUT HEARSAY, THE COURT IS FAIR AND THE COURT DOESN'T WANT TO HEAR FROM US WHAT HAPPENED TEN MINUTES AGO. YOU ARE DEALING WITH THE ISSUES AS THEY ARE HAPPENING AND WE TRY TO REMEMBER THAT.

KEY QUOTE
8 MR. SHAPIRO:

IT IS A FACT IN DISPUTE.

9 MR. COCHRAN:

THIS IS GOING TO BE A FACT IN DISPUTE.

10 MS. CLARK:

OKAY. IF NOT FACTS IN DISPUTE, I WILL TELL YOU WHAT, LET'S GO OUT THERE AND STIPULATE IN FRONT OF THE JURY THAT THE KEYS BELONG TO ANDREA WHAT'S HER NAME AND SHE GAVE HER CAR TO RON GOLDMAN AND HE DROVE THE CAR THAT DAY.

11 MR. COCHRAN:

WE DON'T KNOW THAT.

12 MS. CLARK:

WHO ELSE DID? HER KEYS ARE RIGHT UNDER HIS BODY.

KEY QUOTE
13 THE COURT:

ALL RIGHT. THE REQUEST IS DENIED. THANK YOU.

Temperature

heated

Key Quotes (3)

Marcia Clark
THEY ARE SO GREEDY. THEY GET EVERYTHING THEY WANT. ALL OF THIS WITNESS, DRAGGING HEARSAY ALL INTO THIS COURTROOM FROM THE BOOK AND SOME NEWS SHOW AND NOW THEY TURN TO ME AND I GET HEARSAY OBJECTIONS SUSTAINED ON STUFF THAT THEY KNOW TO BE TRUE.
Clark's exasperated accusation of double standards captures the deep frustration the prosecution felt about evidentiary asymmetry across the trial.
Marcia Clark
WHO ELSE DID? HER KEYS ARE RIGHT UNDER HIS BODY.
Clark's blunt closing argument — the physical location of the keys is the only logical inference — effectively summarizes why Ito denied the motion.
Johnnie Cochran
THAT IS AN OBJECTION, GREEDY BEYOND BELIEF? JUDGE, JUST PUTTING ASIDE, GETTING BACK TO BEING LAWYERS...
Cochran's sardonic deflection of Clark's language signals the sharp interpersonal friction at the bench.

Evidence (2)

Informal
Car keys belonging to a friend of Ron Goldman ('Andrea'), found under Goldman's body at the crime scene
discussed as basis for inference that Goldman drove the car there
Informal
Testimony about Faye Resnick's drug problem and rehab — characterized as hearsay the defense had previously introduced
referenced by Clark as prior hearsay the court allowed in, contrasted with current objections

Notable Exchanges (2)

Marcia ClarkRobert ShapiroJohnnie Cochran
Clark accused the defense of greed and hypocrisy for objecting to a logical inference after benefiting from extensive hearsay rulings; Shapiro and Cochran pushed back that the car's presence was a disputed fact.
heated
Marcia ClarkJohnnie Cochran
Clark proposed stipulating in front of the jury that Andrea gave her car to Ron Goldman and he drove it that day; Cochran refused, saying 'We don't know that.'
strategic

Light Moments (1)

Johnnie Cochran
Cochran mockingly repeated Clark's phrase back at her: 'That is an objection, greedy beyond belief?'

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 5229 • 13 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAR 9, 1995 📄 Sidebar: striking testimony
MAR 9, 1995 KRT DvH TD