Sidebar (3)

📄 Sidebar (3) — Wednesday, May 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\24\SIDEBAR-3-.DOC

TRIAL

▲ Day 81 of 167

◀ Direct examination of Collin Yamauchi (part 4) Direct examination of Collin Yamauchi (part 5) ▶

Date: Wednesday, May 24, 1995 • Utterances: 6

A brief bench conference in which Judge Ito flagged a problem with a statement that had just come in and announced he would strike the answer. Scheck pushed back, arguing that striking it would actually open the door to the witness's entire statement — a point the judge conceded before moving on.

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

# 2 THE COURT:

We've got a huge problem. We just brought in a statement. I'm going to strike the answer.

KEY QUOTE

# 3 MR. SCHECK:

No, your Honor. Your Honor, I'm not against it. It opens the door to his entire statement.

# 4 THE COURT:

It does.

# 5 MS. CLARK:

Wait, wait, wait.

# 6 THE COURT:

Proceed.

Temperature

tense

Key Quotes (3)

Lance A. Ito

We've got a huge problem. We just brought in a statement. I'm going to strike the answer.

Judge signals an evidentiary problem serious enough to require immediate correction mid-testimony.

Barry Scheck

I'm not against it. It opens the door to his entire statement.

Scheck flips the motion — he welcomes the ruling because striking would paradoxically let in more, not less.

Lance A. Ito

It does.

Terse judicial acknowledgment that Scheck's door-opening argument is correct.

Evidence (1)

Informal

An unspecified statement just introduced into the record

discussed, proposed to be stricken

Notable Exchanges (1)

Lance A. Ito•Barry Scheck•Marcia Clark

Judge moves to strike an answer; Scheck agrees but warns it will open the door to the full statement; Clark tries to interject but is cut off when the judge proceeds.

strategic

Objections

None recorded

Proceeding 6186 • 6 utterances

Criminal Trial

Department 103