📄 Sidebar: television coverage — Tuesday, September 26, 1995
📅 Sep 26 — Day 161
⚖️ Lance A. Ito🛡️ Johnnie Cochran
bloodchain_of_custodyjurymedia
Address:
C:\DEPT103\CRIMINAL\1995\SEP\26\SIDEBAR-TELEVISION-COVERAGE.DOC
TRIAL
▲ Day 161 of 167

Sidebar: television coverage

Date: Tuesday, September 26, 1995 • Utterances: 28
Judge Ito called counsel to sidebar after noticing the courtroom television camera zoomed in on OJ Simpson's personal notes while he was writing them. Ito threatened to terminate all television coverage. Both sides agreed the camera crew should be fined, Simpson agreed to cover his notes, and Cochran used the moment to also push back on perceived unequal coverage of defense vs. prosecution arguments.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We're over at the sidebar. Counsel, I was just watching the television coverage on the monitor I have underneath my bench. You know, I can watch TV. The television camera just came down to a close-up of the notes that Mr. Simpson has in front of him that he's writing--

3 MR. COCHRAN:

Did it?

4 THE COURT:

--which I find to be a flagrant violation.

5 MR. COCHRAN:

That's pretty bad. I'll tell him.

6 MR. SCHECK:

Can we tell him about--

7 THE COURT:

I'm about to tell them I'm going to terminate the television coverage.

KEY QUOTE
8 MR. DARDEN:

I can't believe they did that. What are they thinking?

9 THE COURT:

I have no idea what they're thinking.

10 MR. COCHRAN:

The only problem with terminating the coverage--we'd like to have half of our argument shown too. We have the same problem before. They're only doing her argument. How about if you let us give half of our argument and then cut ours. Then it's fair. That's the only problem.

KEY QUOTE
11 MR. DARDEN:

Fine them some money.

12 MR. COCHRAN:

Maybe you should fine them. That might--it wouldn't be fair to us, you know what I'm saying? Let me talk to my client a minute. While we are up here--you know, I thought you were calling us up for another reason. That blood's never been tested. That's not blood on that door. I mean, I don't know what reasonable inference she can make. You don't know.

13 MS. CLARK:

This is argument.

14 THE COURT:

I'm not worried about that right now.

15 MR. SCHECK:

We're objecting to that.

16 THE COURT:

Talk to your client.

17 MR. COCHRAN:

Can I talk to my client?

18 THE COURT:

Yes.

19 MS. CLARK:

Can you let the jury know it's not me, you called me over? Please, Judge.

KEY QUOTE
20 (Discussion held off the record between Defense counsel and the Defendant.)
21 THE COURT:

What does your guy got to say?

22 MR. COCHRAN:

First of all, he's going to cover it up, and he said--he agreed with us, that I think you should make note, fine them, fine them for it. But he's okay. He's writing notes to himself. He is going to cover it up.

23 THE COURT:

What about counsel's notes? If I can see them--

24 MR. COCHRAN:

Well, we're watching our notes too. Tell them stay off our notes. You may have done it already.

25 THE COURT:

I didn't think I had to tell people that.

26 MR. COCHRAN:

No. I thank you. How would we ever know this? Fine them or threaten them, whatever.

27 THE COURT:

All right.

28 (The following proceedings were held in open court:)

Temperature

light

Key Quotes (5)

Lance A. Ito
The television camera just came down to a close-up of the notes that Mr. Simpson has in front of him that he's writing-- which I find to be a flagrant violation.
Judge catching the camera crew in real-time via his under-bench monitor, triggering the sidebar.
Lance A. Ito
I'm about to tell them I'm going to terminate the television coverage.
Ito threatening the most severe consequence available — a recurring threat he would eventually carry out in the civil trial.
Johnnie Cochran
The only problem with terminating the coverage--we'd like to have half of our argument shown too. We have the same problem before. They're only doing her argument.
Cochran pivoting a camera discipline moment into a complaint about unequal media coverage of prosecution vs. defense.
Johnnie Cochran
That blood's never been tested. That's not blood on that door. I mean, I don't know what reasonable inference she can make.
Cochran slipping in a substantive evidentiary argument mid-sidebar, prompting Clark to object that it's 'argument' and Ito to redirect.
Marcia Clark
Can you let the jury know it's not me, you called me over? Please, Judge.
Clark worried the jury would see her at sidebar and assume she initiated it — revealing how carefully both sides managed jury perception.

Evidence (1)

Informal
Alleged blood on a door, referenced by Cochran — claimed it had never been tested
mentioned informally mid-sidebar, not formally addressed

Notable Exchanges (2)

Lance A. ItoJohnnie Cochran
Ito threatens to cut TV coverage; Cochran agrees on fining the camera crew but negotiates to avoid termination, arguing the defense hasn't gotten equal airtime.
strategic
Johnnie CochranMarcia Clark
Cochran pivots mid-sidebar to argue that blood on a door was never tested and Clark can't draw reasonable inferences from it; Clark immediately objects that this is argument, and Ito shuts it down.
opportunistic

Light Moments (3)

Christopher Darden / Lance A. Ito
Darden, exasperated: 'I can't believe they did that. What are they thinking?' — Ito: 'I have no idea what they're thinking.'
Johnnie Cochran
Cochran cheerfully suggesting 'Fine them or threaten them, whatever' as if offering the judge a menu of options.
Lance A. Ito
Ito drily noting 'I didn't think I had to tell people that' when Cochran pointed out the obvious — that the camera shouldn't be zooming in on counsel's notes either.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 7831 • 28 utterances
Criminal Trial
Department 103
⚖️ Start
📂 SEP 26, 1995 📄 Sidebar: television coverage
SEP 26, 1995 KRT DvH TD