Sanctions ruling

📄 Sanctions ruling — Thursday, May 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\11\SANCTIONS-RULING.DOC

TRIAL

▲ Day 72 of 167

◀ Cross-examination of Dr. Robin Cotton (part 4) Cross-examination of Dr. Robin Cotton (part 5) ▶

Date: Thursday, May 11, 1995 • Utterances: 23

Judge Ito sanctioned both counsel $250 each for violating his standing order against speaking objections during Dr. Cotton's testimony. He then instructed the jury to disregard the improper exchange and his own visible reaction to it, and pressed to keep the cross-examination moving.

# 1 THE COURT:

All right. Dr. Cotton, you can step down. All right. The Court's clear orders regarding objections were no speaking objections. Both counsel are sanctioned $250. Get your checkbooks out. Right now.

# 2 (Brief pause.)

# 3 THE COURT:

The answer to the Court's question was the letter proposed in science magazine. The other part was objection. The fact it was never published was an argument. I'm not going to tolerate that kind of stuff anymore. Are we clear? March over to the clerk, both of you.

# 4 (Brief pause.)

# 5 THE COURT:

And the attorneys may not bill their clients for this. This is a personal sanction.

KEY QUOTE

# 6 THE DEFENDANT:

Thank you.

# 7 THE COURT:

You're welcome. And while they're writing, counsel, I'm aware that this letter was circulated widely, but not published.

# 8 MR. NEUFELD:

May I be--now that the jury is not here, may I be heard on this, your Honor?

# 9 THE COURT:

What you can do is ask if she's familiar with it and in any way relied upon it. If the answer is no, that's the end of it. That's 721 of the evidence code.

# 10 MR. NEUFELD:

The only point I'd like to make, your Honor, is that what I was about to say was--I wanted to have a sidebar so I could explain exactly why it was rejected, because what Mr. Clarke did--

# 11 THE COURT:

I'm not getting into the publication policies of science magazine, counsel. You're entitled to see if she relied upon it for the purposes of cross-examination. I assume you have your own experts who are going to come in--I'm sure we'll see Dr. Lewontin. All right. Let's have the jury.

# 12 MR. NEUFELD:

Your Honor, I would ask though for a curative with respect to what he had to say because I didn't get to say anything as to the reason why, but he say something that was completely improper that the jury did hear. The jury didn't hear --

# 13 THE COURT:

As soon as they come in, I'm going to tell them to disregard everything that just went on including my reaction.

# 14 MR. NEUFELD:

Thank you, your Honor.

# 15 THE COURT:

You're welcome. Let's have the jurors. Thank God it's almost Friday. But I would like, if possible, to get Dr. Cotton home.

# 16 MR. NEUFELD:

Today?

# 17 THE COURT:

No. Tomorrow is Friday.

# 18 MR. NEUFELD:

As I explained to you, I thought we would--two full business days.

# 19 THE COURT:

Well, you got the Court's expression of its opinion as to where we're going here and what's important.

# 20 MR. NEUFELD:

People had four days of direct examination.

# 21 THE COURT:

I understand. Let's have the jurors.

# 22 (The following proceedings were held in open court, in the presence of the jury:)

# 23 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Ladies and gentlemen, you are to disregard the last commentaries by both counsel regarding this particular piece of paper. You are also to disregard the nature of my reaction to that. It's not something that you should take into consideration deciding the facts and circumstances of this particular case. Let's proceed. Dr. Cotton. Mr. Neufeld.

Temperature

tense

Key Quotes (4)

Lance A. Ito

Both counsel are sanctioned $250. Get your checkbooks out. Right now.

Immediate, no-nonsense enforcement of courtroom rules — Ito's signature impatience on full display.

Lance A. Ito

And the attorneys may not bill their clients for this. This is a personal sanction.

Ito made clear the sanction was punitive against counsel personally, not a litigation cost.

O.J. Simpson

Thank you.

Simpson's spontaneous reaction to the sanctions against counsel — a rare and notable interjection from the defendant.

Lance A. Ito

I'm going to tell them to disregard everything that just went on including my reaction.

Ito acknowledged his own visible reaction was potentially prejudicial and proactively curated it.

Evidence (1)

Informal

A letter proposed to Science magazine regarding DNA statistics, never published

disputed — admissibility of reference limited by Ito to whether witness relied upon it

Notable Exchanges (3)

Lance A. Ito•Peter Neufeld

Neufeld tried to explain why the Science magazine letter was rejected for publication; Ito cut him off and limited cross-examination to whether Dr. Cotton relied on it under Evidence Code 721.

tense/strategic

Lance A. Ito•Peter Neufeld

Neufeld requested a curative instruction for the jury regarding Clarke's improper statement; Ito agreed and extended it to include his own reaction.

procedural

Lance A. Ito•Peter Neufeld

Neufeld pushed back on pace, noting the People had four days of direct; Ito acknowledged it but pressed on.

tense

Light Moments (2)

Lance A. Ito

Thank God it's almost Friday.

O.J. Simpson

OJ Simpson interjected 'Thank you' immediately after Ito sanctioned both attorneys.

Credibility Attacks (1)

⚔ Robin Cotton

impeachment via unpublished letter

Defense attempted to cross-examine Cotton using a letter submitted to Science magazine but never published, presumably challenging the statistical methodology underlying her DNA testimony; Ito limited the line of questioning to whether she relied on it.

Objections

None recorded

Proceeding 6022 • 23 utterances

Criminal Trial

Department 103