Sidebar: Belushi case testimony

📄 Sidebar: Belushi case testimony — Wednesday, September 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\20\SIDEBAR-BELUSHI-CASE-TESTIMONY.DOC

TRIAL

▲ Day 158 of 167

◀ Cross-examination of Comm. Keith Bushey (part 1) Cross-examination of Comm. Keith Bushey (part 2) ▶

Date: Wednesday, September 20, 1995 • Utterances: 23

Judge Ito convened a sidebar to strictly limit the scope of Cochran's cross-examination of Detective Vannatter to a single rehabilitation issue. Cochran argued he should be allowed to expand into crime scene procedures and the Coroner's notification, but Ito repeatedly shut him down, restricting questioning to only the timing of family notification in the Belushi case.

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

# 2 THE COURT:

We are over at the side bar. Counsel, the scope of this examination has to do the rehabilitation of Detective Vannatter as to one issue. We are not reopening crime scene investigation. We are not opening up any of the other things. That is the scope.

# 3 MR. COCHRAN:

Okay. Judge--may I say this, Judge? I didn't bring up the Belushi case, they did, and I asked the question in good faith, were you aware that Michael Baden was the Coroner. Judge, what if--in the Belushi case he was telling us there wasn't an immediate notification? That was the whole problem.

# 4 THE COURT:

You can ask him about timing of the family; not the Coroner.

# 5 MR. COCHRAN:

Let me make sure I understand. Okay. They brought it up so I can ask him about timing and notification of the family in the Belushi case?

# 6 THE COURT:

That is it.

# 7 MR. COCHRAN:

Okay. Judge, why can't I ask the questions because he seems--here is my thinking on this--

# 8 THE COURT:

We are not going into the crime scene.

# 9 MR. COCHRAN:

When he gets up here and says four detectives can leave and go over there and there is nobody left at the scene, can't I ask him has he called Michele Kestler, the Coroner?

# 10 MS. CLARK:

What does that have to do with it?

# 11 THE COURT:

No.

# 12 MR. COCHRAN:

That is logical to follow.

# 13 THE COURT:

No.

# 14 MR. COCHRAN:

Doesn't it impeach?

# 15 THE COURT:

No.

# 16 MR. COCHRAN:

We don't have to initially believe what he is doing.

# 17 THE COURT:

Counsel, at some point in time this case has to end.

KEY QUOTE

# 18 MR. COCHRAN:

And it is going to end, Judge.

# 19 THE COURT:

Scope, scope.

# 20 MR. COCHRAN:

I want to have my day.

KEY QUOTE

# 21 THE COURT:

Scope.

# 22 MR. COCHRAN:

So we are clear. I will try to remember that.

# 23 THE COURT:

Scope.

Temperature

tense

Key Quotes (4)

Lance A. Ito

Counsel, at some point in time this case has to end.

A rare direct expression of judicial frustration with the length of proceedings, signaling Ito's impatience with Cochran's attempts to broaden scope.

Johnnie Cochran

I want to have my day.

Candid expression of Cochran's desire to fully litigate his theory of the case, revealing tension between defense strategy and judicial limits.

Lance A. Ito

Scope. Scope.

Repeated one-word rulings that functioned as a verbal wall — Ito was done debating and simply reasserting his ruling.

Johnnie Cochran

I didn't bring up the Belushi case, they did, and I asked the question in good faith.

Cochran invokes the 'opened the door' doctrine to justify expanding cross-examination into territory the prosecution introduced.

Notable Exchanges (2)

Johnnie Cochran•Lance A. Ito

Cochran repeatedly attempted to expand the scope of cross-examination — from family notification timing to crime scene procedures and Coroner notification — and was denied each time with a single word: 'Scope.'

tense

Johnnie Cochran•Marcia Clark

Clark interjected 'What does that have to do with it?' when Cochran asked about notifying Michele Kestler (the Coroner), aligning with Ito's ruling before he could even respond.

strategic

Credibility Attacks (1)

⚔ Phil Vannatter

prior inconsistent conduct / comparative case impeachment

Cochran sought to use Vannatter's handling of the Belushi case — specifically delayed notification and possible crime scene irregularities — to impeach his testimony about crime scene procedures in the Simpson case. Ito limited this to family notification timing only.

Objections

None recorded

Proceeding 7786 • 23 utterances

Criminal Trial

Department 103