Hold on. Mr. Darden's making the objection. Miss Lewis, would you step back, please. Step back. Mr. Darden, what's your objection?
The question went to improper--what was in the box in the upper right-hand corner shows improper tactics and excessive force, which is irrelevant.
Counsel is wrong about that. It does say that. Let me make an offer of proof. What it says--he opened the door on this. It says "Improper tactics, excessive force and disc," discourtesy. Let me show you something, Judge. I have another document, summary of adjudication cases dated on March 9, 1987 through March 13th, 1987, and what it shows is that this 22-year old black male alleged improper tactics, excessive force and discourtesy against the police. It's all blacked out. The discourtesy is the word "Nigger," and we have the right to bring that out. They're trying to make it seem like it wasn't there. That's what I indicated to the court.
Your Honor, but the documents also show--what counsel is referring to is the allegation made by another person, not by Roderic Hodge, against a different officer, not Fuhrman.
Yeah. There are a number of complaints contained in this investigation, and we will bring someone over from IAD to explain what the pages are because they relate to other officers by the way. At any event, there are complaints by Mr. Hodge and the other persons he was arrested with that officers said things like, "Shut the fuck up," and, "Get back, get back." There's an allegation they called someone a "Fat ass." But there's no allegation in the entire package that the epithet was ever used. I've given him a stack of material. I asked him whether or not the epithet is contained in the material and it is not, okay. Now you're telling me it opens the door to everything, to everything else?
No, it doesn't open the door to everything probably, but it certainly does at the least, you know, open the door to the fact he made an allegation of discourtesy.
That's correct. Not against Fuhrman. In fact, look at the complaint in the narrative at the beginning of the document and you see what the allegations are, Judge, in general. Just because we, you know, do cross-examine a witness or attempt to defend against irrelevant, immaterial allegations doesn't mean it opens the door to everything imaginable. If he wants to ask him--I don't think they can ask about the word "Discourtesy" unless he used the word itself. It is a word that is unique to LAPD and Internal Affairs Division and he is not competent to explain that term.
Mr. Cochran, you can cross-examine him--excuse me--redirect on the fact that he did include a complaint for discourtesy.
While we are here? Your Honor, can--there's so much noise over here. In addition to that--he didn't mark this. Can you look at the first thing here? This man--I should be allowed to go into--I'd like you to read this part. He complains that he got pulled up by his arms by Fuhrman and suffered injuries and he was struck with a baton. In fact, in this investigation--I want to bring this out--there are nine photographs taken of this man's injuries and another report--another report down--taken place. Look at this, Judge. He refused treatment--and they took nine photographs of his right leg--for his back where somebody put a gun in his back, right leg and thigh and his wrist where he was hit with a baton. We can bring that in. You specifically stood here again and told Mr. Darden what to do and how to conduct--not told him. Made a suggestion. Judge, when they open the door, I have the right--may I finish? I have the right to talk about discourtesy or this other thing because he opened the door. He is the one who asked those questions. I abided by what you said. I asked my five or six questions and I sat down. This opens the door. He's opening this up with handcuffs, Judge. He had photographs taken. And they are trying to give a misleading impression to this jury. They're trying to say he didn't make this report. He made three reports different locations. This report is missing 11 pages or so right in the middle of it. There are photographs backing up what he says about violent treatment and everything and also says--
--also says discourtesy, Judge, and I have good faith. I showed you this other report where it says in the summary of LAPD things how he made a report for discourtesy and it talks--doesn't talk about--they talk about, robbery-homicide, Hodge is a 22-year old--
No. I've heard enough. You can redirect on the fact that he did include in his complaint an allegation of discourtesy. All right. That's it.
The discourtesy is the word 'Nigger,' and we have the right to bring that out. They're trying to make it seem like it wasn't there.
There's no allegation in the entire package that the epithet was ever used. I've given him a stack of material. I asked him whether or not the epithet is contained in the material and it is not.
He complains that he got pulled up by his arms by Fuhrman and suffered injuries and he was struck with a baton. In fact, in this investigation—I want to bring this out—there are nine photographs taken of this man's injuries.
You can redirect on the fact that he did include in his complaint an allegation of discourtesy. All right. That's it.