Jury dismissed

📄 Jury dismissed — Tuesday, September 26, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\26\JURY-DISMISSED.DOC

TRIAL

▲ Day 161 of 167

◀ Sidebar: television coverage Closing argument — Marcia Clark (part 3) ▶

Date: Tuesday, September 26, 1995 • Utterances: 8

Judge Ito interrupted closing arguments to dismiss the jury from the courtroom after noticing a TV camera had zoomed in on OJ Simpson's notes at the defense table during Marcia Clark's argument. Ito ruled this a flagrant violation of attorney-client privilege and immediately terminated all television coverage of the trial, directing the camera operator to shut off. Requests from Cochran and a defense representative to argue the matter were curtly denied.

# 1 THE COURT:

Ladies and gentlemen, let me ask you to step back into the jury room for just a moment.

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

# 3 THE COURT:

All right. The record should reflect the jury has withdrawn from the courtroom. Counsel, as I mentioned to you at sidebar, the reason that I interrupted Miss Clark--and, Miss Clark, forgive me for the interruption, but while I was taking my notes here on your argument, I noticed that the television camera panned along the Defense counsel table and, Mr. Cochran, did a close-up of your client taking notes. And it's not appropriate for the television camera to be going along sidebar close enough that one can see what people are writing in their notes, and that's not appropriate and I thought it would not be necessary to tell the television coverage that that's not appropriate. But apparently it's necessary to tell them that it's not appropriate and it's a very flagrant violation and intrusion into the attorney/client privilege, and I'm inclined to terminate the coverage at this time. All right. So, Mr. Bancroft, I'm going to direct you to turn the camera off to the seal, and the television coverage is terminated. All right. Let's have the jurors.

# 4 MS. CLARK:

Thank you, your Honor. Could you tell the jury it wasn't--

# 5 THE COURT:

Yes.

# 6 MR. COCHRAN:

May we have a second?

# 7 MS. MCFADDEN:

Your Honor, would you hear argument on the issue?

# 8 THE COURT:

Sit down.

Temperature

tense

Key Quotes (3)

Lance A. Ito

it's a very flagrant violation and intrusion into the attorney/client privilege, and I'm inclined to terminate the coverage at this time

Ito's stated rationale for the dramatic mid-argument decision to pull TV cameras from the courtroom

Lance A. Ito

Mr. Bancroft, I'm going to direct you to turn the camera off to the seal, and the television coverage is terminated.

The definitive order ending televised coverage — a major moment in one of the most-watched trials in history

Lance A. Ito

Sit down.

Ito's curt refusal to hear argument from the defense or media on his ruling, showing the firmness with which he exercised control over courtroom procedure

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran•Ms. Mcfadden

After Ito announced the termination of TV coverage, both Cochran and a defense representative (Ms. McFadden) attempted to speak or argue the point. Ito shut both down with 'Sit down.'

authoritative

Objections

None recorded

Proceeding 7832 • 8 utterances

Criminal Trial

Department 103