Sidebar: Hodge cross-examination

📄 Sidebar: Hodge cross-examination — Wednesday, September 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\6\SIDEBAR-HODGE-CROSS-EXAMINATIO.DOC

TRIAL

▲ Day 148 of 167

◀ Cross-examination of Roderic Hodge (part 1) Cross-examination of Roderic Hodge (part 2) ▶

Date: Wednesday, September 6, 1995 • Utterances: 29

During cross-examination of Roderic Hodge — a witness who testified that Fuhrman threatened him with a racial slur in January 1987 — Darden sought permission to establish the specific date of the incident and to confront Hodge with the fact that he filed an IAD complaint shortly after but did not include Fuhrman's racial slur in it. Cochran argued the scope of testimony should remain narrow. The sidebar grew tense as Ito repeatedly urged Darden to simply end the cross-examination, culminating in Darden making a raw, unguarded declaration about his belief in Simpson's guilt.

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

# 2 THE COURT:

All right. Mr. Darden, where are you going with this?

# 3 MR. DARDEN:

I'm trying to establish what the date is, because--I will give this to Mr. Cochran. This is the printout on the F.I.'s with that time with Mr. Hodge. There were many, many, many, many contacts by LAPD, from the narcotics and gang units, of Mr. Hodge. Mr. Hodge was a crack dealer over on Corning Avenue, an area where crack was sold by him and members of the Playboy Gangster Crips.

# 4 THE COURT:

Let me ask you this question. Let me ask you a question. Why wouldn't you at this point say, Mr. Hodge, you were offended, that was a horrible thing? Thank you very much. Good-bye?

# 5 MR. DARDEN:

Well, I just have a couple other things, okay? All I want to do is make sure we are talking about the same incident, okay? That is all I want to do. I can show him the piece of paper and then identify it and make sure that is the date. And even if that is the date, I have three more questions and we are done. Just the booking slip, not the arrest report.

# 6 MR. COCHRAN:

Judge, can I respond?

# 7 MR. DARDEN:

Otherwise I don't know if he is talking about some other day, some other contact, but--

# 8 (Discussion held off the record between the Deputy District Attorneys.)

# 9 MR. COCHRAN:

Judge isn't the issue whether or not Fuhrman arrested this man and indicated to him--the issue he was called for you limited very specifically was whether Fuhrman turned around and said, "I tell you I will get you Nigger." That is the question. It happened in January of 1987. That is the question.

KEY QUOTE

# 10 MR. DARDEN:

We have eight minutes more, okay? Now, all I want to do, you know, he filed a--

# 11 THE COURT:

I'm sorry.

# 12 MR. DARDEN:

He complained to IAD, right? January 13, `87, he complained to IAD. He didn't complain about this. He complained about everything else under the sun, but he didn't complain about this and that is why I want to make sure of the day.

KEY QUOTE

# 13 THE COURT:

Then why don't you ask him with regards to this particular arrest did you make a complaint to the Los Angeles Police Department about the manner which you were treated? Answer, yes or no.

# 14 MR. DARDEN:

Okay.

# 15 THE COURT:

Is this a copy of the complaint? Yes or no. I'm trying to restrict the scope here, counsel.

# 16 MR. COCHRAN:

I want to wait until you finish because doesn't it open the door? This man was acquitted and you said we can't get into that. He made lots of complaints against these officers.

# 17 MR. DARDEN:

Fuhrman is not a witness in the drug Prosecution. Fuhrman did not witness the drug Prosecution.

# 18 MR. COCHRAN:

He took him down and he was arrested originally for battery on a police officer.

# 19 MR. DARDEN:

And Fuhrman did not testify at trial.

# 20 MR. COCHRAN:

Battery on a police officer.

# 21 THE COURT:

I know. I know, counsel.

# 22 MR. DARDEN:

And we know and Johnnie knows that the prosecution was dismissed because when it came for trial Detective Fuhrman wasn't in the state. He never testified at trial, but it was dismissed.

# 23 MR. COCHRAN:

I didn't know that.

# 24 MR. DARDEN:

148 on Fuhrman, okay? And the narcotics issue and the 148 occurred when he tried to arrest him after a narcotics--

# 25 THE COURT:

Why are we dragging this out? If you want this over, just say, gee, that is horrible, good-bye.

KEY QUOTE

# 26 MR. DARDEN:

Judge, you know, I feel no need to lay down or roll over and die just because the jury has been polluted with these epithets. I mean, you know, he did the murders. I'm going to convict him.

KEY QUOTE

# 27 THE COURT:

Why don't you ask him if he made a complaint about this incident?

# 28 MR. DARDEN:

I was trying to ask about the date and you sustained the objection.

# 29 THE COURT:

All right. Let's go.

Temperature

tense

Key Quotes (4)

Christopher Darden

I feel no need to lay down or roll over and die just because the jury has been polluted with these epithets. I mean, you know, he did the murders. I'm going to convict him.

A stunning, unguarded outburst from a prosecutor at a sidebar — expressing personal certainty of guilt and frustration with the trial's direction. Reveals the immense pressure Darden was under after the Fuhrman tapes.

Christopher Darden

He complained to IAD, right? January 13, '87, he complained to IAD. He didn't complain about this. He complained about everything else under the sun, but he didn't complain about this.

The core of Darden's impeachment theory — that Hodge's failure to include the racial slur in a contemporaneous IAD complaint undercuts its credibility.

Lance A. Ito

Why are we dragging this out? If you want this over, just say, gee, that is horrible, good-bye.

Ito's impatience is palpable — he is urging Darden to cut his losses and move on rather than prolong testimony that is damaging to the prosecution.

Johnnie Cochran

Judge isn't the issue whether or not Fuhrman arrested this man and indicated to him — the issue he was called for you limited very specifically was whether Fuhrman turned around and said, 'I tell you I will get you Nigger.' That is the question.

Cochran successfully frames the permitted scope of Hodge's testimony, boxing Darden into a narrow lane on cross.

Evidence (3)

Informal

F.I. (Field Interview) printout showing multiple LAPD contacts with Hodge from narcotics and gang units

Darden offered to share with Cochran; used to establish date and context of Fuhrman contact

Informal

Booking slip from the January 1987 arrest of Hodge

Darden sought to introduce to identify the specific incident date; Ito restricted to yes/no questions only

Informal

IAD complaint filed by Hodge on January 13, 1987

Referenced by Darden to argue Hodge complained about other officer conduct but omitted Fuhrman's racial slur — central impeachment point

Notable Exchanges (2)

Lance A. Ito•Christopher Darden

Ito repeatedly urged Darden to end cross-examination by simply conceding the point ('gee, that is horrible, good-bye'), while Darden resisted, insisting he had a legitimate impeachment strategy around the IAD complaint omission.

tense, with Ito visibly impatient and Darden defensive

Christopher Darden•Johnnie Cochran

Darden revealed that the original criminal case against Hodge (battery on a police officer) was dismissed because Fuhrman was out of state when it came to trial and never testified. Cochran claimed not to have known this.

strategic, with an undercurrent of mutual distrust

Credibility Attacks (2)

⚔ Roderic Hodge

omission in prior complaint / prior inconsistent conduct

Darden argued that Hodge filed an IAD complaint on January 13, 1987 covering numerous grievances against LAPD officers but conspicuously omitted any mention of Fuhrman's alleged racial threat — suggesting the slur claim was fabricated or embellished after the fact

⚔ Roderic Hodge

bias / character background

Darden characterized Hodge to the judge as a crack dealer on Corning Avenue affiliated with the Playboy Gangster Crips, with extensive documented LAPD contacts — context meant to frame the witness as adversarial to law enforcement and unreliable

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 7539 • 29 utterances

Criminal Trial

Department 103