Cross-examination offer and juror matter

📄 Cross-examination offer and juror matter — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\CROSS-EXAMINATION-OFFER-AND-JU.DOC

TRIAL

▲ Day 152 of 167

◀ Ronald Goldman jeans testing request Jury reconvening ▶

Date: Tuesday, September 12, 1995 • Utterances: 35

A brief out-of-court session in the civil Simpson trial (Judge Ito) covering two matters: the logistics of cross-examining witness Rubin, with Blasier permitted to reserve some cross pending further discovery, and a heated dispute raised by Cochran over an unnamed juror receiving some form of court-arranged financial benefit (related to rental property). Cochran objects strenuously, threatens an immediate writ via appellate counsel Alan Dershowitz, and argues the arrangement is unprecedented, unfair to other jurors, and could compromise the juror's impartiality.

# 1 (Pages 45270 through 45281, volume 221A, transcribed and sealed under separate cover.)

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

# 3 THE COURT:

All right. Back on the record in the Simpson matter. The Defendant is again present before the court with counsel. The People are represented. The jury is not present. The court has had an in camera hearing with Defense counsel concerning the ability to go forward with cross-examination of the People's next product witness, Mr. Rubin. And Mr. Darden--is Mr. Yochelson gone already?

# 4 MR. DARDEN:

Yes.

# 5 THE COURT:

All right. On the basis of that offer, my inclination at this point is to require Mr. Blasier to go forward with the cross-examination of Mr. Rubin, however, he may reserve cross-examination as to one or two of the items, pending further revelations in discovery, which will require Mr. Rubin, unfortunately, probably having to return one more time in the next week to ten days.

# 6 MR. DARDEN:

Mr. Blasier has Mr. Rubin's home number. Mr. Rubin says he is amenable.

# 7 THE COURT:

All right. Let's proceed.

# 8 MR. COCHRAN:

Your Honor--may I be heard, your Honor?

# 9 THE COURT:

As to what?

# 10 MR. COCHRAN:

A couple of motions, a couple things that took place.

# 11 THE COURT:

Motions will be at six o'clock.

# 12 MR. COCHRAN:

One thing, your Honor. We are concerned about what we talked about back in chambers and we need an immediate conference with your Honor and we have talked with Mr. Dershowitz and we have a prospective that we want to bring to your Honor's attention and I want to give your Honor a head's up on that matter. We need to talk to you right now.

# 13 (Brief pause.)

# 14 MR. COCHRAN:

Proceed now with regard to the juror problem? I can address it.

# 15 THE COURT:

Yes.

# 16 MR. COCHRAN:

Your Honor, in chambers during the last break one of the jurors, who shall remain nameless, has a potential problem and brought that to your Honor's attention with regard to--shall I proceed--with regard to some rental property that she is having and I understand she wants--

# 17 THE COURT:

I think you can be a little more oblique in how you discuss it. I understand what we are talking about.

# 18 MR. COCHRAN:

You understand. All right. And the court's offer to this juror we find totally unacceptable to the point that it would be--I think would have a tremendously adverse effect if that is done, and we think it is unprecedented. We took the step of calling Mr. Dershowitz and our other appellate lawyers. They feel so strongly they want to take a writ on it right away.

# 19 THE COURT:

Take a writ.

# 20 MR. COCHRAN:

We will do that. We will do that. We wanted to let you know we will do that, but I think I should try to talk you out of this process because what it does, it will taint that particular juror. The rest of those jurors aren't getting that benefit and those are public funds. I don't think we can do that. It is over and above someone's salary and we don't think it is appropriate. And I think I should bring it to you in the strongest possible terms, and furthermore, this juror will even be more beholden to your from the standpoint of not that you give her any cues or clues--

# 21 THE COURT:

You realize there is precedence for this?

# 22 MR. COCHRAN:

No, I don't. I don't think there is precedent for that particular thing for what is happening in this case. I don't think--

# 23 THE COURT:

Take your writ, counsel.

# 24 MR. COCHRAN:

We will take the writ, your Honor, but we would like to be heard further because we think this is unfair to the other jurors, unfair to this particular lady, and it is just--I think that it is--it sends a message that is just--it is hard to express. And so I wanted to at least indicate to the court how strongly we felt about this and I would like for you to reconsider this because I think it is going to a real dangerous precedent to do this when we are not doing it for other jurors. More importantly, what it says about the system, to pay a juror above and beyond, is inappropriate.

# 25 THE COURT:

Okay.

# 26 MR. COCHRAN:

Will you entertain further discussion on it?

# 27 THE COURT:

Well, I have noted your objection.

# 28 MR. COCHRAN:

All right. Okay. Very good. What can I say?

# 29 (Discussion held off the record between Defense counsel.)

# 30 THE COURT:

All right.

# 31 MR. COCHRAN:

The other thing and another motion I can bring, we have a motion regarding sequestration of the jurors, and do you want to hear that at the end of the day?

# 32 THE COURT:

Six o'clock.

# 33 MR. COCHRAN:

All right. And we have a motion regarding scope of the rebuttal, which the balance of the scope--

# 34 THE COURT:

We will take care of that after we finish with Mr. Rubin.

# 35 MR. COCHRAN:

All right. All right. Then we may have some further remarks regarding this juror problem at that time, if the court would allow us.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

We think this is unfair to the other jurors, unfair to this particular lady, and it is just--I think that it is--it sends a message that is just--it is hard to express.

Cochran's clearest articulation of why the defense found the court's juror arrangement objectionable — fairness, optics, and systemic precedent.

Lance A. Ito

Take a writ.

Ito's terse, dismissive response to Cochran's threat of appellate review — signals the judge's confidence in his position and his unwillingness to be argued out of it.

Johnnie Cochran

We took the step of calling Mr. Dershowitz and our other appellate lawyers. They feel so strongly they want to take a writ on it right away.

Reveals the defense mobilized high-profile appellate counsel (Alan Dershowitz) over this juror issue, indicating how seriously they viewed it.

Johnnie Cochran

This juror will even be more beholden to you from the standpoint of not that you give her any cues or clues--

Cochran's argument that the financial benefit creates an appearance of juror dependence on the judge, even absent any intentional signaling.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly presses Ito to reconsider an in-chambers arrangement for a juror with a rental property issue, invoking Dershowitz and threatening a writ; Ito responds with increasing brevity, culminating in 'Take a writ' and 'I have noted your objection.'

tense

Lance A. Ito•Christopher Darden

Ito announces his ruling on cross-examination of witness Rubin — Blasier may proceed but reserve one or two items pending discovery — and Darden confirms Rubin is cooperative and has given his home number to defense.

procedural

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 7628 • 35 utterances

Criminal Trial

Department 103