Judge Ito calls a sidebar to shut down an expanding line of questioning about whether police knew the victim's identity before making next-of-kin notification. Marcia Clark argues Cochran opened the door on cross-examination by repeatedly asking Commander Bushey about knowing it was Nicole Brown, but Ito is unmoved and limits the scope strictly to whether Vannatter had an order to make notification.
# 1 THE COURT: Over at the side bar with the court reporter, please.
# 2 (The following proceedings were held at the bench:) # 3 THE COURT: Over at the side bar. Just an observation. Why would they go notify somebody if they didn't know who it was?
# 4 MS. CLARK: Exactly, but Mr. Cochran went into it extensively on cross-examination. He did, your Honor, and I would ask it to be read back. He did. He did. He asked the--he asked Commander Bushey whether knowing that it was--it was Nicole Brown he told you that, he told you that. He asked him several times. Detective Phillips--
# 5 THE COURT: Had to do with next of kin.
# 6 MS. CLARK: No, it had--it also had to do with that, your Honor.
# 7 MS. CLARK: Can we have it read back?
# 8 THE COURT: No, we are not going into this.
# 9 MS. CLARK: It is true.
# 10 THE COURT: But it is really a so what? The issue here is did Vannatter have an order to go make notification? Yes or no.
KEY QUOTE # 11 MS. CLARK: It is the issue, but it has been taken far afield by counsel.
# 12 THE COURT: And I stopped him and I've stopped him and I'm stopping him too.
KEY QUOTE # 13 MS. CLARK: He elicited impeachment on Detective Phillips on this point.
# 14 THE COURT: There is a limited scope here. That is it. It is over.