Sidebar: discovery discussion

📄 Sidebar: discovery discussion — Tuesday, May 30, 1995

Address:

C:\DEPT103\CRIMINAL\1995\MAY\30\SIDEBAR-DISCOVERY-DISCUSSION.DOC

TRIAL

▲ Day 84 of 167

◀ Cross-examination of Collin Yamauchi (afternoon, part 1) Cross-examination of Collin Yamauchi (afternoon, part 2) ▶

Date: Tuesday, May 30, 1995 • Utterances: 9

At a bench sidebar, prosecutor Harmon demands immediate discovery materials from the defense, threatening sanctions for bad faith if not produced. Judge Ito rules that documents used for impeachment are now discoverable, and issues a blunt warning that defense witnesses will be barred from testifying if supporting reports don't exist. Cochran attempts to weigh in and is flatly cut off.

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

# 2 THE COURT:

All right. We're over at the sidebar. Mr. Harmon, what's up?

# 3 MR. HARMON:

Before we forget, we want to start getting that discovery stuff. It's now obvious they have some material they intend to present. So we'd like to start receiving it this afternoon. I'm sure they've got it right there, Gerdes, Taylor stuff. If they don't have discovery, that was bad faith, and we need to clear the air on that. So either turn it over this afternoon or sanction them for misleading the jury, having no good faith basis for asking those questions. So pick your swords.

# 4 MR. SCHECK:

If the Court wants to see the document I was referring to, I'll show it to the Court. I don't believe it's a discovery item.

# 5 THE COURT:

Now that you've started using it for impeachment purposes, now it's discoverable. So cough it up.

KEY QUOTE

# 6 MR. SCHECK:

But, your Honor, there's no report.

# 7 THE COURT:

If there's no reports, these people aren't testifying then. I'm giving you fair warning that if there aren't reports and you're using it to cross-examine, those witnesses are not testifying. Fair warning. Fair warning. Fair warning if there's no reports. Let's proceed.

# 8 MR. COCHRAN:

Judge, can I say one thing?

# 9 THE COURT:

No. No, Mr. Cochran.

KEY QUOTE

Temperature

tense

Key Quotes (4)

Rockne Harmon

So either turn it over this afternoon or sanction them for misleading the jury, having no good faith basis for asking those questions. So pick your swords.

Aggressive framing that puts the defense in a binary: produce discovery or face sanctions for bad faith cross-examination.

Lance A. Ito

Now that you've started using it for impeachment purposes, now it's discoverable. So cough it up.

Clean statement of the legal rule, delivered with characteristic bluntness. 'Cough it up' signals Ito's no-nonsense posture toward the defense.

Lance A. Ito

Fair warning. Fair warning. Fair warning if there's no reports. Let's proceed.

The triple repetition is deliberate — Ito making unmistakably clear that the defense is on notice: no reports means no witnesses.

Lance A. Ito

No. No, Mr. Cochran.

Ito cuts Cochran off entirely — a small moment that reveals the tighter leash kept on counsel in this proceeding compared to the criminal trial.

Evidence (1)

Informal

Unspecified document Scheck used for impeachment, related to Gerdes and/or Taylor — defense claims it is not a discovery item

disputed; court rules it is now discoverable due to use in cross-examination

Notable Exchanges (2)

Rockne Harmon•Barry Scheck•Lance A. Ito

Harmon demands discovery materials and threatens sanctions; Scheck argues the document isn't subject to discovery; Ito overrules and orders production, warning witnesses will be excluded without supporting reports.

tense

Johnnie Cochran•Lance A. Ito

Cochran attempts to interject after Ito closes the matter; Ito shuts him down with two flat 'No's.

revealing

Objections

None recorded

Proceeding 6206 • 9 utterances

Criminal Trial

Department 103