In chambers: attorney conduct

📄 In chambers: attorney conduct — Wednesday, September 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\6\IN-CHAMBERS-ATTORNEY-CONDUCT.DOC

TRIAL

▲ Day 148 of 167

◀ Jury excused, counsel to chambers Redirect examination scope discussion ▶

Date: Wednesday, September 6, 1995 • Utterances: 15

Judge Ito privately confronts Johnnie Cochran about two conduct issues: a press conference the previous Thursday that Ito considered contempt of court (which he had chosen to overlook), and Cochran's attitude at sidebar when Ito redirected him to a direct question. Cochran pushes back, saying he did not want to be spoken to 'like a school kid,' and invokes their personal friendship — which Ito acknowledges but makes clear does not excuse the behavior. The two agree to take a mutual deep breath and recess.

# 1 (The following proceedings were held in camera:)

# 2 THE COURT:

The record should reflect that we are in chambers with Mr. Shapiro, Mr. Cochran, Miss Clark and Mr. Darden. I have asked counsel to step into chambers. Mr. Cochran, let me just express to you some concern that I have regarding our personal relationship at this point in time.

# 3 MR. COCHRAN:

Yes, your Honor.

# 4 THE COURT:

I have chosen up to this point to ignore your press conference last Thursday and what I consider to be in direct contempt of this court. I have chosen to ignore that. And today when we were at the side bar, this is obviously a very volatile issue, and I asked you to direct yourself to the question that I asked, what questions were you going to ask with regards to Miss McKinny and her conversations--her testimony just now about a cover-up. And I think the record will reflect that I asked you a direct question and you started talking about something else. And I redirected your attention back to the question that I asked and apparently you have taken umbrage at that. Well, Mr. Cochran, let me tell you something. I take umbrage at your response and your reaction. And I want you to know that I have chosen to ignore it thus far and that is because of our long relationship and what I will hope will be our continuing friendship. And what I'm going to suggest that we do is that you and I both take a deep breath, take a recess and come back and talk about this again. You know, you are involved in the heat of battle. I understand that.

KEY QUOTE

# 5 MR. COCHRAN:

Your Honor, I was trying to and the question--but what I said was I--

# 6 THE COURT:

I was trying to cut to the chase. What I should have asked and the vernacular is where are we going with that?

# 7 MR. COCHRAN:

You are right about that. Perhaps my reaction was that I felt that I was a man, you are a man, we have been friends and I thought the tone--

# 8 THE COURT:

Counsel, when you say something, "I am a man, you are a man," that is--that is a challenge of sorts, wouldn't you say?

# 9 MR. COCHRAN:

Well, no. I was just saying I didn't want to be talked to like a school kid. I said that I felt that we do have a long relationship and the court--I felt we were the ones who were being put upon on this whole issue and I was trying to explain it and I didn't get a chance to explain it. And your Honor wanted to get right to the issue. I'm not saying you jumped me, but you said, "That is not what I asked you." I'm saying, Judge, I'm trying to get to it. So I will take a deep breath. And I am prepared now to try to tell you what I am trying to do.

# 10 THE COURT:

No. I need to take a deep breath, too, Mr. Cochran.

KEY QUOTE

# 11 MR. COCHRAN:

Okay.

# 12 (Brief pause.)

# 13 THE COURT:

I think we have sort of gotten far afield on some of our discussions here. All right. Let's take a recess.

# 14 (Proceedings in camera concluded.)

# 15 (Recess.)

Temperature

tense

Key Quotes (5)

Lance A. Ito

I have chosen up to this point to ignore your press conference last Thursday and what I consider to be in direct contempt of this court.

Ito reveals he has been holding back a contempt finding against Cochran — a serious threat he is now surfacing as a warning.

Johnnie Cochran

I am a man, you are a man, we have been friends and I thought the tone--

Cochran frames the dispute in personal and dignitary terms, invoking their friendship and implicit racial/professional respect — which Ito immediately flags as a 'challenge of sorts.'

Lance A. Ito

Counsel, when you say something, 'I am a man, you are a man,' that is--that is a challenge of sorts, wouldn't you say?

Ito recognizes the charged subtext in Cochran's phrasing and calls it out directly, heightening the interpersonal tension.

Johnnie Cochran

I didn't want to be talked to like a school kid.

Cochran's blunt characterization of how he felt at sidebar — rare candor from a defense attorney to a sitting judge.

Lance A. Ito

I need to take a deep breath, too, Mr. Cochran.

Ito de-escalates by conceding mutual fault, a notably self-aware and disarming move from the bench.

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Ito confronts Cochran about invoking their personal friendship and using the phrase 'I am a man, you are a man' — reading it as a veiled challenge to his authority. Cochran clarifies he meant it as an appeal to mutual respect, not defiance.

heated

Lance A. Ito•Johnnie Cochran

Ito discloses he has been sitting on a potential contempt finding over Cochran's Thursday press conference, framing the in-chambers meeting as a final warning before their relationship deteriorates further.

strategic

Witness Demeanor

(Brief pause.)

Objections

None recorded

Proceeding 7526 • 15 utterances

Criminal Trial

Department 103