Sidebar: defendant's waiver of presence

📄 Sidebar: defendant's waiver of presence — Friday, May 19, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\19\SIDEBAR-DEFENDANT-S-WAIVER-OF-.DOC

TRIAL

▲ Day 78 of 167

◀ Cross-examination of Gary Sims (part 3) Motion: autopsy photograph admissibility ▶

Date: Friday, May 19, 1995 • Utterances: 9

At a sidebar conference, Cochran informed the judge that Simpson wished to waive his presence during the upcoming hearing on autopsy photographs. Simpson also requested that the courtroom feed be cut if the photographs were displayed. The court accepted the waiver without objection from the prosecution.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

We're over at the sidebar. This afternoon, we have scheduled amongst other things a conclusion of the hearing on the autopsy photographs. Mr. Cochran, you had something you wanted to say?

# 3 MR. COCHRAN:

Yes, your Honor. As I understand it, Mr. Shapiro and Mr. Uelmen and I guess representatives from the D.A.'s office will, among other things, be going over photographs of the autopsy procedures in this case. And I have discussed it with Mr. Simpson, and it's his desire to not be present, he waive his appearance. And he has asked that those photographs, if they're going to be displayed, that the Court would cut the feed, which I'm sure you will be doing anyway. But he would like to go back to the jail at this point.

# 4 THE COURT:

All right. Any comment?

# 5 MS. CLARK:

No.

# 6 THE COURT:

All right. The Court has no objection if he wants to waive his appearance, and I will accept Mr. Cochran's representation and Mr. Shapiro's representation that your client waives.

# 7 (At 12:00 P.M., the noon recess was taken until 1:30 P.M. of the same day.)

# 8 (Janet M. Moxham, CSR no. 4855, official reporter.)

# 9 (Christine M. Olson, CSR no. 2378, official reporter.)

Temperature

procedural

Key Quotes (2)

Johnnie Cochran

I have discussed it with Mr. Simpson, and it's his desire to not be present, he waive his appearance. And he has asked that those photographs, if they're going to be displayed, that the Court would cut the feed.

Reveals Simpson's personal request to avoid viewing autopsy photos of the victims — a rare window into his emotional state or legal strategy around appearing unaffected.

Lance A. Ito

I will accept Mr. Cochran's representation and Mr. Shapiro's representation that your client waives.

Standard procedural acceptance of waiver, notable for requiring both lead attorneys to jointly vouch for the client's decision.

Evidence (1)

Informal

Autopsy photographs of the victims

discussed — hearing scheduled for review; Simpson requests feed be cut during display

Notable Exchanges (1)

Johnnie Cochran•Lance A. Ito

Cochran conveyed Simpson's request to leave and return to jail rather than be present for autopsy photo review; judge accepted without requiring Simpson to personally confirm on the record.

routine

Objections

None recorded

Proceeding 6120 • 9 utterances

Criminal Trial

Department 103