Jack Walraven's
Best Of The Sidebars
in the O.J. Simpson Criminal Trial

Introduction

October 3rd, 1995

"In the matter of People of the State of California versus Orenthal James Simpson, case number BA097211. We, the Jury, in the above-titled action, find the Defendant, Orenthal James Simpson, not guilty of the crime of murder in violation of Penal Code 187(A)....."

Sequestered for 266 days, the jury took only a couple of hours to bring the "Trial of the Century" to a screeching halt, leaving a nation deeply divided in its wake. Those wishing that this would be the end of it, were sadly disappointed. The nation, in fact the world, continues to heatedly debate the Simpson case.

The trial has generated hundreds of thousands of pages recording the courtroom drama, with more than 50,000 pages of official court transcripts alone. In the words of Assistant District Attorney Marcia Clark, "a mountain of evidence" was introduced -- 488 exhibits by the Prosecution, 369 by the Defense. 126 witnesses were sworn in and more than 1,000 media credentials were issued. The Los Angeles Times estimated that some 40 million Americans were following the trial and CNN's trial commentator, Jim Moret, announced on September 25th that the trial had cost the United States an estimated 40 billion dollars in lost productivity. The County of Los Angeles has reportedly spent in excess of $9 million in court and prosecution costs.

Thus it is not surprising that this trial will remain a hot topic for years to come. Legal beagles will continue to analyze the court transcripts, not to mention the frequent sidebar discussions that were never heard by the jurors or the public.

The Random House Dictionary of the English Language, Second Edition - Unabridged, defines this peculiar word as sidebar (sidbar), n. follow-up (def. 3b) [1945-50]. That really doesn't tell us very much as to its legal meaning.

Basically, sidebars are discussions - legal arguments about an objection, for example - between the judge, the defense attorney(s), and the prosecutor(s). These discussions are held at the bench out of earshot of the jurors and the media coverage. Some sidebars are off-the-record and are never reported. Fortunately, most are on-the-record and held in the presence of the court reporter, and eventually become part of the public record.

This book covers snippets from the sidebars that have been officially released by the court. The reader will find that the sidebars give an entirely different perspective on this much-publicized trial. Away from the media spotlight, they provide us with moments of heated legal arguments, mundane banter, humor, sarcasm, redundancy, confusion, verbal diahrrea, and sometimes, sheer exhaustion. In the final analysis, we get to know that these legal hot-shots are human beings like the rest of us.

The sidebars also confirm what we already suspected - the animosity between the urbane Johnnie Cochran and the more down-to-earth Chris Darden on one side, and the bickering between Marcia Clark and Robert Shapiro on the other. On more than occasion, Judge Lance Ito, ever so patient, refers to the unruly lawyers at sidebar as "children," and it indeed seems at times that we are observing a kindergarten class at recess.

It's not difficult to understand that sidebars are a court reporter's nightmare. Lawyers speak over each other and they tend to be less articulate than in the open-court proceedings. Johnnie Cochran can spin sentences that go on forever. Marcia Clark can be equally wordy and it is amazing how the court reporters can keep up. In fact, towards the end of the Defense's case, the court reporters threatened to go on strike if Johnnie Cochran were to question one more witness. He didn't.

This trial has been instrumental in giving us an education in legalese - with expressions such as hearsay, in-camera, hostile witness, motion to strike (one of F. Lee Bailey's favorites), offer of proof (Johnnie Cochran), sand-bagging (Marcia Clark), and sequestered (which most of us have been since this trial began). Of course, you aren't really a true Simpson trial junkie until you can recite Judge Ito's admonitions to the jury in your sleep.

As in the other media, the case has been discussed ad infinitum on the information superhighway. So let me end this chapter by quoting a few of the messages contributed by trial addicts on the Internet:

You know you're hooked on the trial when you start humming the CNN (O.J. trial) theme music during sex.

You know you're hooked when your two-year-old sees Judge Ito on TV and calls him Daddy.

You know you're hooked when, as a New Yorker, you adjust your entire schedule to Pacific Time.

You know you're hooked when you fit all of your day's activities within the court lunch break.

You know you're hooked when you go out for lunch and order a sidebar.

The Sidebar Players

Since the commencement of the trial, the major participants in this real-life soap opera have had more media exposure than the politicians in Washington. Some have taken on celebrity status signing autographs outside the courthouse each day. The following cast of characters consists of the more active participants in the sidebars contained within this book.

The Judge

Judge Lance Ito

Long known for his impartiality and evenhandedness, it took the defense and prosecution attorneys only minutes to agree having Judge Lance Ito preside over the O.J. Simpson trial, despite the fact that he's married to the highest-ranking woman in the LAPD. Whether he's still as well respected at the end of the trial remains to be seen. In the heat of battle, both the Defense and Prosecution have accused him of being unfair, to which he responded, "I'm glad both sides feel equally abused. That means it's pretty equal."

In 1991, Ito presided over the trial of Charles Keating in the Lincoln Savings & Loan case. When Keating was convicted, the mild-mannered Ito surprised courtroom watchers by handing down the maximum sentence of 10 years in prison for securities fraud. In June 1992 the L.A. Bar Association named Ito Trial Judge of the Year. Before being appointed to the bench in 1987 by then-governor George Deukmejian, he worked in the L.A. County district attorney's office prosecuting cases of gang violence.

He's known to work such long days -- usually getting to work at 6 a.m. -- that he keeps a blanket and pillow in his chambers.

In post-trial interviews, most jurors were reluctant to express their opinion of Ito. Some felt he was aloof and indifferent to their needs.

The Defense Team

Because of the prominence of the lawyers, some members in the media have referred to them as the legal "Dream Team." Others, not so kind, coined less flattering phrases, such as "Scheme Team" or "Sleaze Team."

Johnnie Cochran

Johnnie L. Cochran Jr. played the dominant role in shaping the Defense strategy in this case and was chosen to present the Defense's opening and closing statements. The former prosecutor is known as a masterful cross-examiner and orator.

While admirers consider him "brilliant" and "silky smooth," comments from his detractors range from "smarmy" to "sleazy."

Cochran is a well-known California civil rights and celebrity lawyer, renowned for successfully suing municipalities in suits involving excessive force or sexual abuse by police officers. As a longtime friend of Simpson's, he helped clear another football legend, Jim Brown, of rape charges in 1985. Cochran was instrumental in working out Michael Jackson's $15 to $20 million settlement with the family of a 13-year-old boy who accused Jackson of molesting him. He also represented Los Angeles riot victim Reginald Denny and successfully defended actor Todd Bridges, the former star of Diff'rent Strokes, on charges of attempted murder and involuntary manslaughter. Cochran is a graduate of UCLA and the Loyola Marymount University School of Law, now Loyola Law School.

In post-trial interviews, some jurors claimed that they were not swayed by his closing arguments.

Robert Shapiro

Robert Shapiro was the original lead lawyer on the Simpson defense team, but early on relinguished this role to Johnnie Cochran. He had a falling out with his co-counsel and longtime friend, F. Lee Bailey, when he accused Bailey of leaking information to the media. He has also been a reluctant participant in condoning Cochran's strategy to bring the issue of racism into the case.

A Hollywood celebrity attorney, Shapiro has built a reputation as a skilled negotiator who often tries to avoid trial by skillful plea-bargaining. The lead counsel in about 10 murder cases, his past clients include John Z. DeLorean, Johnny Carson, Christian Brando and baseball star Darryl Strawberry. He graduated from the Loyola Law School in 1968 and is married to former model Linell Thomas.

F. Lee Bailey

F. Lee Bailey's major appearance in the Simpson trial came when he fiercely cross-examined Mark Fuhrman, the LAPD detective accused by the Defense of planting evidence and having a racist past. In another dramatic moment, Bailey engaged in a shouting match with Marcia Clark when she called him a liar in the courtroom.

Bailey rose to fame in the 1960s when he helped reverse the conviction of accused wife-killer Dr. Sam Sheppard, whose case was the inspiration for The Fugitive. Bailey also represented Albert DeSalvo, the notorious Boston Strangler, in the '60s and hostage-cum-bank robber Patty Hearst in 1976. In 1982, Bailey hired Shapiro to defend him against a drunk-driving charge. He was acquitted. He is a graduate of Harvard University and the Boston University School of Law.

Carl Douglas

Carl Douglas, 40, took center stage in the trial when he cross-examined prosecution witness Ron Shipp. Shipp testified that O.J. Simpson told him about having dreams of killing his wife. Douglas tried to destroy Shipps' credibility by confronting him with his alcohol problems and womanizing.

Douglas specializes in police misconduct cases. He is the managing attorney at the Law Offices of Johnnie Cochran, Jr., in charge of the firm's 12 lawyers. Douglas graduated from Northwestern University and the University of California, Boalt Hall School of Law.

Barry Scheck

Barry Scheck is a New York City attorney who has made a name for himself as a leading expert in the use of DNA evidence in the courtroom. His grilling cross-examination of criminalist Dennis Fung was hailed as brilliant by defense attorneys and law professors, although at times he seemed to be getting under Judge Ito's skin.He was chosen to present part of the Defense's closing arguments.

In past trials, Scheck has both challenged and supported DNA to establish guilt or innocence. He is a law professor and director of clinical education at the Cardoza Law School in New York City, and a graduate of Yale University and the University of California, Boalt Hall School of Law.

In post-trial interviews, several jurors felt that Scheck was the most effective Defense attorney.

Peter Neufeld

Peter Neufeld is the other half of the defense's DNA team. He followed Barry Scheck's fierce attack on the credibility of Dennis Fung with a lengthy cross-examination of criminalist Andrea Mazzola. While all the lawyers have felt the wrath of Judge Ito at one time or another, Neufeld attracted the most, especially for his booming voice and redundancy in questioning witnesses.

Neufeld has taught and litigated extensively in forensic science. Along with Scheck, he directs "The Innocence Project," which currently represents more than 200 inmates seeking post-conviction release through DNA testing. Neufeld teaches trial advocacy at Fordham University School of Law. He is also co-chairman of the National Association oif Criminal Defense Lawyers DNA Task Force. Neufeld is a graduate of the University of Wisconsin and the New York University School of Law.

The Prosecution Team

The prosecution team also underwent a change in lead counsel early on when Marcia Clark replaced William Hodgman in this role.

Marcia Clark

As the lead prosecutor, Marcia Clark was in charge of presenting the People's case against O.J. Simpson and few people will argue that she hasn't done so skillfully. Some have criticized her for being too "shrill" and Johnnie Cochran even referred to her as "hysterical." No matter what anyone thinks of her style, few prosecutors have worked as hard to win a case. No wonder she told the judge toward the end, "Your Honor, I'm so tired. "

Divorced with two children, Clark has prosecuted 60 jury trials, including 20 murder cases. In 1991, she successfully prosecuted Robert John Bardo for stalking and murdering actress Rebecca Schaeffer. She is a graduate of the Southwestern University School of Law.

William Hodgman

Deputy DA William Hodgman was to be the lead prosecutor in the case, but had to withdraw when the stress began having a negative effect on his health. The low-key Hodgman continued to work behind the scenes and would made occasional appearances in the courtroom whenever there was an indication that the prosecution team was running into some trouble. He appears to have earned the respect of Judge Ito.

Hodgman is director of the Bureau of Central Operations, which includes the Special Trials Division. He joined the District Attorney's Office in 1978 and has prosecuted about 130 trials, including 40 murder cases. He helped win the 1992 conviction of Charles Keating for securities fraud. Hodgman is a graduate of UCLA and Hastings College of the Law.

Christopher Darden

Deputy DA Christopher Darden has been a master at needling the defense team, especially Johnnie Cochran during sidebars. His temper almost got him into trouble with Judge Ito, who cited him for contempt when his temper got the best of him during a sidebar. Darden's most embarrassing moment came when he had O.J. Simpson try on the gloves found at the murder scene and Simpson's residence in front of the jury, and one of the gloves didn't appear to fit.

Darden has prosecuted more than 19 homicide cases since becoming a Los Angeles County prosecutor in 1980. He became a deputy district attorney in 1981 and completed a six-and-a-half year assignment with the Special Investigations Division before joining the prosecution team. He is a graduate of San Jose State University and Hastings College of the Law.

In post-trial interviews, some jurors expressed the opinion that Darden had done a poor job and that he was likely brought in only because he's African-American.

Hank Goldberg

Hank Goldberg is by far the most youthful and mild-mannered deputy DA on the prosecution team. He was severely criticized in front of the jury by Judge Ito for not divulging certain information in a timely fashion to the Defense.

Goldberg first joined the District Attorney's Office in 1985. He has prosecuted about 30 felony trials including eight murder trials. He helped prosecute Catherine Thompson, convicted of killing her husband for his insurance money and sentenced to death in 1992. Goldberg also prosecuted Jose Guerra for the murder of a registered nurse. He is a graduate of UCLA and the Loyola Law School.

Cheri Lewis

Cheri Lewis, 42, assists in the research and preparation of prosecution motions and pleadings. At the start of the trial, she played a major role in arguing that incidents of spousal abuse should be admitted as part of the prosecution's case. She has successfully tried eight murder cases during her five years with the District Attorney's Office. Lewis received her law degree degree from the University of La Verne College of Law, San Fernando Valley Campus.

A Chummy Kind of Group

On the television show Entertainment Tonight law professor and Simpson trial commentator Stan Goldman was asked about what lawyers talk about during sidebars. "People do all sorts of things at sidebars," he responded. "People joke, people make appointments, people talk about betting dinner on the outcome of this trial. It's a chummy kind of group sometimes."

Most of the Simpson trial sidebars have been far from chummy, but there have been some lighthearted moments as when early on in the trial Johnnie Cochran accidentally steps on Chris Darden's foot at sidebar.

Mr. Darden: Your Honor, I object. He has stepped on my shined Ferragamo's. You know, I think he should have to buy me another pair of Ferragamo's.

Judge Ito: ...I'll direct counsel to pay for your next shoe shine as a sanction.

Mr. Darden: Shoe shine? He should buy me a new pair of shoes.

-- January 31, 1995

Here's another innocuous one:

Mr. Darden: I've got juice in the D.A.'s office now, didn't you know?

Mr. Cochran: We have juice; you don't have juice.

-- January 11, 1995

Sidebars are often held to discuss legal objections. The judge will then either sustain the objection or overrule it. The lawyers sometimes forget to stop arguing once a ruling has been made.

Mr. Darden: Okay.

Mr. Douglas: He hasn't seen --

Mr. Darden: He has ruled.

Ms. Clark: Your Honor, we could --

Mr. Cochran: He has ruled.

Judge Ito: I have ruled. Bye.

Mr. Cochran: He has ruled.

-- February 2, 1995

Judge Ito: I will sustain the objection.

Mr. Cochran: Wait a minute, judge.

Mr. Darden: The court has ruled.

Mr. Cochran: I hadn't been heard. Both of you guys talked and that is not fair. You are not --

Mr. Darden: We are accusing you of whining.

Judge Ito: Hold on. Hold on. Counsel, counsel, "hold on" means stop.

-- February 22, 1995

In the State of California there are twelve legal objections that may be made in a courtroom, such as hearsay, speculation, misstating the evidence, etc. This is not one of them.

Miss Clark: What the Defense have gotten away with is greedy beyond belief.

Mr. Cochran: That is an objection, "greedy beyond belief?"

-- March 9, 1995

Lawyers like to critique each other on the art of questioning witnesses.

Judge Ito: All right. Mr. Darden, any response to that?

Mr. Darden: Do I have to? Is there a need for a response to that?

Mr. Cochran: Yes.

Mr. Darden: I asked my questions, as inartful as they might be, and --

Mr. Cochran: That is what your own side said.

Mr. Darden: Yes. Miss Clark sold me out that day. It was a fine piece of lawyering, yet my own colleague sold me out...

-- February 6, 1995

Could it be his after-shave?

Judge Ito: We are over at sidebar.

Ms. Clark: I was just wondering why counsel feels the need to stand within 10 inches of me while I'm doing this questioning.

Judge Ito: Because he needs to be able to see the chart.

Mr. Cochran: I can't see the chart.

Ms. Clark: How about if I turn it, have it --

Mr. Cochran: I still can't see it over there.

Ms. Clark: It's a very simple chart, your Honor, and I know that counsel has seen quite a lot of it in great detail.

Judge Ito: No. But he needs to see what the witness is pointing to.

Ms. Clark: He's not pointing to anything.

Judge Ito: Well, we don't --

Mr. Cochran: How do I know that?

Judge Ito: See, Marcia, it's a bad angle. It's just a bad angle.

Ms. Clark: If I turned it --

Mr. Cochran: I haven't seen half of these things. I have no idea what you are talking about half the time. Of course, I'm not the one that has to be able to see what you are talking about.

Ms. Clark: I agree if I tilt it so that counsel can see it from counsel table, perhaps he can get --

Judge Ito: Then the jury is not going to be able to see it.

Ms. Clark: Actually --

Mr. Cochran: I'm not bothering her. I'm standing behind her.

Judge Ito: I know. He's not saying anything. He's not putting rabbit ears behind your head or anything.

Ms. Clark: I never know when he will, your Honor.

Mr. Cochran: I didn't do that. I'm standing there not talking.

Judge Ito: He's entitled to see what it is you are doing.

Ms. Clark: Okay.

-- February 9, 1995

Meanwhile, Mr. Bailey likes to roam the courtroom:

Ms. Clark: May I ask one favor, your Honor?

Judge Ito: Sure.

Ms. Clark: During my redirect Mr. Bailey was back there talking to Jonathan Fairtlough and distracting him when he needs to help me.

Judge Ito: Which is why I asked him to go take a seat.

Ms. Clark: Prior to that I had asked counsel to sit down and he refused.

Mr. Bailey: I was trying to locate an exhibit, avoid the delay we now suffer.

-- February 15, 1995

Even judges get curious about shoe prints found at the crime scene.

Judge Ito: Out of curiosity, what's the measure of the stride between these? Just out of curiosity.

Ms. Clark: We had a stride analysis done that's going to come later.

Judge Ito: Just curious.

Mr. Bailey: Big foot.

Ms. Clark: It is a big foot.

Mr. Cochran: Big stride too, judge.

-- February 15, 1995

Chris Darden the prankster.

Judge Ito: Wait, wait, wait. Wait means everybody stop. Yes, it's going into evidence, and then I'm going to sign an order ordering that photographs be put in there instead and they be allowed to be tested over the weekend and returned to the court. That's what the deal is.

Ms. Clark: Right.

Mr. Darden: Why are we up here?

Judge Ito: Wait, wait. Guys, when I say wait, please.

Mr. Darden: Your Honor, I have a knife.

Judge Ito: Give me my keys back.

Mr. Darden: Not yet.

Judge Ito: Give me my keys.

-- February 17, 1995

Judge Ito certainly knows his Middle Age history.

Judge Ito: Counsel, counsel, it goes to why men shake hands, it goes to why men go on the left side of the road instead of the right side of the road, so that you have your sword hand free. If you have your keys in your sword hand --

Mr. Cochran: Judge, I don't think --

Judge Ito: I know Mr. Bailey can appreciate this kind of stuff.

Mr. Cochran: In 1394, your Honor. I think that is the rankest form of speculation and surprise here. There are other theories.

Judge Ito: I think it is a logical conclusion.

Mr. Cochran: Gee, judge. Street savvy.

-- February 21, 1995

We all know that lawyers like to argue.

Judge Ito: All right. We are over at the sidebar. What are we arguing over?

Mr. Cochran: Sorry, your Honor.

Judge Ito: What are we fighting over?

Mr. Cochran: We are not fighting, your Honor. We are spiritual and we are not fighting.

-- February 22, 1995

Judge Ito: Why are we arguing?

Ms. Clark: I don't know.

Mr. Cochran: Because they like to argue when they can.

Judge Ito: Beats me.

-- February 22, 1995

Johnnie Cochran's neckties have received wild acclaim.

Mr. Darden: His shirt matches his tie.

Ms. Clark: Unbelievable.

-- March 3, 1995

Sometimes the judge makes suggestions as to what questions to ask.

Judge Ito: You can ask, "Did anybody read this to you," and/or, "Ask you about this?" You can ask that. "What was just read to you, did anybody discuss that with you?" You can ask that.

Mr. Darden: That's what I was going to ask.

Judge Ito: Well, why didn't you say so?

-- March 3, 1995

Judge Ito: Let me make it clear. I am not trying to help one side or the other here as I give hints to both sides. I just want to get this over with sometime this lifetime.

Mr. Cochran: I agree judge.

-- March 9, 1995

Being a judge is a little like being a kindergarten teacher.

Judge Ito: Children, children, thank you. That will be enough.

-- March 6, 1995

Chris Darden appeared on the Geraldo show and told the world that he and Judge Ito were personal friends. Mr. Cochran wasn't too happy about that.

Mr. Cochran: ...Judge, we have Mr. Darden on national television saying the judge is my bud.

Ms. Clark: What is the relevance of this? What is the relevance of this?

Mr. Cochran: I think --

Ms. Clark: What does this have to do with what we are up here for? Mr. Cochran is going off on wild tangents.

Judge Ito: Hold on.

Mr. Cochran: Mr. Darden is saying on national television the judge is my bud and the court suggests to him -- and that is all I'm saying. He did say that.

Ms. Clark: I don't know what counsel is referring to. Could we just discuss the issue at hand here?

Mr. Darden: By the way, I also said I loved Mr. Cochran.

Mr. Cochran: He has always said that.

-- March 7, 1995

Being a court reporter is a tough job. After all, lawyers like to talk, often all at once.

Reporter Olson: I'm sorry, judge. I can't make a record when counsel are both speaking at the same time.

Judge Ito: Just put attorneys ignore court's order to talk one at a time, there is no record to report.

-- March 8, 1995

Knowing when to quit.

Judge Ito: Well, I guess what we are right at the end of the day.

Mr. Cochran: I want to ask a couple more questions if I might.

Judge Ito: We are going to quit right now.

Mr. Cochran: A couple more questions.

Judge Ito: No, we are going to quit. We are going to quit.

-- March 8, 1995

Ms. Clark: Your Honor, can we have a indication from counsel how much longer he is going to be on recross?

Judge Ito: I thought he was winding up about twenty minutes ago.

Ms. Clark: I thought it was an hour ago, but can we get an indication?

Mr. Cochran: Tomorrow I will finish.

Ms. Clark: What time?

Mr. Cochran: I don't know. Tomorrow I will finish.

Ms. Clark: I need to know for witnesses.

Mr. Cochran: Have your witnesses here.

Judge Ito: Have them here. Have them here. We are about finished.

-- March 8, 1995

You want to whisper in my ear?

Mr. Cochran: Could we approach just one second?

Judge Ito: Yes.

Mr. Cochran: May we approach your desk?

Judge Ito: Sure. You want to whisper in my ear?

-- March 13, 1995

When given a choice of movies.

Mr. Cochran: Like if you go to a movie with your wife, Judge--my wife and I go to a movie on Saturday nights and she may want to see "The Madness of King George" and I may want to see "The Walking Dead." And we try to compromise. One week--

Judge Ito: There is no compromise between those two choices.

Mr. Cochran: So, you know, there's a--

Judge Ito: You wind up seeing "Dumb and Dumber."

-- March 14, 1995

Do these guys ever sleep?

Mr. Darden: How late and how long am I supposed to work on this? All night or --

Mr. Bailey: Be like the Defense, go to midnight.

Ms. Clark: Sure you do.

-- March 14, 1995

Could there be possible romance between Johnnie and Marcia?

Judge Ito: Want to show me the transcript? What line?

Mr. Cochran: Beginning line 15. She'll agree she just wanted to come over here to stand close to me.

Ms. Clark: True. You're so hard to resist.

-- March 28, 1995

Calling Marcia hysterical is not going to help further the romance.

Mr. Cochran: She's being hysterical.

Judge Ito: Careful with that. Mr. Cochran, be careful when you call people hysterical.

-- February 15, 1995

Ah, Marcia gets revenge.

Mr. Neufeld: I would ask the Court to impose sanctions on Miss Clark. She was warned three times, three times before he took the witness stand on direct, I think at the conclusion of direct, and then at sidebar, you reiterated that she was not allowed to refer to or mention any of the other cases without first approaching sidebar. And I think sanctions are in order.

Judge Ito: Miss Clark, do you have a copy for Mr. Neufeld, what you're about to use?

Ms. Clark: Yes. Mr. Gordon has it, although let me indicate to the Court, this is not--I don't see a great cause for hysteria here. We are not impeaching him. We are not impeaching him.

Judge Ito: Keep your voice down.

Ms. Clark: It's appropriate.

Mr. Cochran: She used the word "Hysteria." I just wanted to remind you of that.

Ms. Clark: I was waiting for my chance to use it, your Honor.

-- July 31, 1995

Helping design Los Angeles International Airport is not exactly a feather in your cap, Johnnie.

Judge Ito: Well, is there any doubt, counsel, that if we were to go to LAX right now and look at this particular podium at American Airlines that it is going to be exactly the same as it is?

Mr. Cochran: I have no doubt.

Judge Ito: All right.

Mr. Cochran: I was present -- I helped build the airport, so I know about that airport.

Judge Ito: Then I have many bones to pick with you.

Mr. Darden: You haven't done an honest day's work in your life.

-- March 29. 1995

If they only knew how much longer...

Mr. Cochran: We talked about April or May finishing this case, didn't we? And that doesn't seem like that's as feasible as we once thought.

-- March 30, 1995

Ms. Clark: Yes, your Honor. I'm mindful of the need to not improvidently excuse jurors in view of the fact that the case is apparently going to take longer than we thought.

-- March 30, 1995

An indicator of a small mind.

Judge Ito: What's the famous saying? Consistency is the sometimes indicator of a small mind, something to that effect.

Mr. Darden: You said it. I didn't.

Mr. Bailey: Also the God of the common law.

-- March 30, 1995

After seeing up to ten lawyers huddled at sidebar, Judge Ito felt it necessary to only allow two lawyers from each side at sidebar. When that didn't work he cut it down one.

Mr. Cochran: Your Honor, we would lodge an objection. We have a two-lawyer rule, judge.

Judge Ito: Two lawyers. Bye-bye.

Ms. Clark: No. Okay. I just wanted to give him this. Okay. Bye.

-- April 14, 1995

Judge Ito: I'm going to start a new rule. Starting tomorrow, you only get one lawyer up here. You guys just egg each other on and add to this.

-- April 17, 1995

Lawyers who like to play judge.

Mr. Darden: Okay. Can I advise the court of some information I just got?

Mr. Cochran: Sure.

Judge Ito: Thank you, Mr. Cochran. You said sure.

Mr. Cochran: I'll shut up. Excuse me, your Honor.

Judge Ito: I'll just go sit down and you guys --

Mr. Cochran: No. I want you to stay right here.

-- April 14, 1995

I hope you're joking, your Honor.

Judge Ito: In the context of those questions and answers, it was clear what the intent of the question was, and we will get to the actual presentation of test results maybe if I don't declare a mistrial first. Okay.

Mr. Goldberg: Is that intended to be a joke, your Honor?

Judge Ito: No. That was actually said in jest given the other things we need to do today.

-- April 17, 1995

Sidebars can be very confusing.

Judge Ito: All right. We are over at the sidebar.

Mr. Harmon: The problem that exists is when you are using systems to show that something is not there when it really is and you allow something that takes away data, you are really misleading the jury.

Judge Ito: Show me what is--what is not where.

Mr. Cochran: What is not where.

Mr. Harmon: Well, the whole point of this is to question whether or not there is anything there.

Judge Ito: Okay.

Mr. Harmon: Somehow Howard put the arrows because he is looking at this.

Mr. Blasier: No, because 24 is a marker lane.

Mr. Harmon: How does he know?

Mr. Blasier: I told him. This is just to help them locate what to look for on here.

Mr. Harmon: So you are saying that there is something faint here?

Mr. Harmon: Sure.

Judge Ito: Okay. Right there, (Indicating).

Mr. Harmon: Right.

Judge Ito: All right. Have you got that turned around right? Why don't you superimpose it.

Mr. Harmon: You are right.

Judge Ito: Turn it around.

Mr. Harmon: I'm getting dizzy here.

-- May 23, 1995

Marcia approaches Johnnie:

Ms. Clark: Let the record reflect I have reached toward counsel's neck.

-- June 5, 1995

Everybody needs a break.

Mr. Kelberg: Your Honor, when are you taking a break? I'm just trying to--

Judge Ito: Quarter `til. Do you want a break now? I was planning--I thought I told you 2:45.

Mr. Kelberg: Okay. I will try.

Judge Ito: Unless the court reporter is about to die.

Reporter Olson: No, sir, I'm fine.

-- June 6, 1995

Darden quotes:

Mr. Darden: This is a court of law, not Live at the Improv.

-- June 15, 1995

Mr. Darden: We are trying to convict the guy [Simpson]. We're not here to hold his hand.

-- July 19, 1995

Hey, you guys, this is a courtroom, not a saloon:

Judge Ito: You guys have guys going in and out of the courtroom all the time letting the swinging doors swing. That's not protocol. You know, grab the doors.

Mr. Cochran: You guys.

Mr. Darden: If you let us use the telephone.

Judge Ito: No. I mean both of you guys.

-- June 27, 1995

Oops! I forgot that these sidebars are recorded.

Ms. Clark: Can I ask one thing? I forgot that these sidebar transcripts are released and I made a reference to--

Judge Ito: I sealed that one from the last one because we talked about personal things.

Ms. Clark: Right, and can I just ask that whatever comment I made at this last sidebar today about my son be also--

Judge Ito: That was--that is why I sealed it.

Ms. Clark: Okay. Because I did it again.

Judge Ito: Yes. I sealed it.

Ms. Clark: I will remember. Thank you, your Honor.

-- June 28, 1995

The blah-blah report.

Mr. Darden: Can we have some specific discovery as to what the statement is supposed to be?

Judge Ito: Which statement?

Mr. Darden: The one that he claims was spontaneous.

Judge Ito: To the TV? He is saying, "How can they accuse me of that?" Blah, blah, blah.

Mr. Darden: Blah, blah, blah.

Mr. Cochran: He wants a report, your Honor.

Judge Ito: Blah, blah, blah.

Mr. Cochran: I will try to write him a report over the lunch hour.

-- July 10, 1995

Stay away from those buzz saws now, you hear.

Mr. Darden: Well, I'm going to ask him. I will lay the foundation, if necessary, but this is his opinion. This is opinion and he has already stated that opinion publicly. I just didn't want to run into a buzz saw.

Judge Ito: Yes, you should be wise to stay away from the buzz saw today and everyday.

-- July 12, 1995

The Defendant has kneemonia.

Judge Ito: If it is rheumatoid arthritis in his knee or if it is osteoarthritis in his knee, it is still arthritis, and we agree that looking at the railroad tracks on the side of his knee and looking at the number of hits the guy took, he probably has got knee problems. He has got kneemonia.

-- July 18, 1995

Celebrity lawyer, Howard Weitzman, was O.J. Simpson's original lawyer. He withdrew from the case early on.

Judge Ito: We are over at the sidebar. Who is the next witness?

Mr. Cochran: Howard Weitzman. He is here, too.

Mr. Darden: Weitzman, okay.

Mr. Cochran: Howard is here and he has got to get out by lunchtime.

Judge Ito: He's big man.

Mr. Cochran: Making a million dollars a year and he has got to get out of here. Don't put that on the record.

Mr. Darden: It is in the record.

Mr. Cochran: Don't put that on the record.

-- August 22, 1995

How about never?

Judge Ito: Marcia, when do you--were you going to argue that?

Ms. Clark: Uh-huh.

Judge Ito: When are you going to be ready to do that?

Ms. Clark: Whenever you want.

Judge Ito: How about never?

Ms. Clark: I agree, but--

Mr. Cochran: I don't agree.

-- August 22, 1995

Absence of evidence is not evidence of absence.

Mr. Goldberg: Okay. All right. Have you read Mr. MacDonnell's article on the "Absence of evidence is not evidence of absence"?

Dr. Lee: (No audible response.)

Mr. Goldberg: "Absence of evidence is not evidence of absence"?

Dr. Lee: I'm a Chinese. Take me a while to think about this double-talk. Absence--

-- August 28, 1995

The lawyers discuss another case.

Mr. Goldberg: The body was chopped up, was spread outdoors, it was there for some time, the police collected it, think--

Judge Ito: Bits and pieces.

Mr. Goldberg: Yes. It is a very famous case.

Judge Ito: Yes, I am familiar with it.

Mr. Scheck: I am the only one that isn't.

Judge Ito: This is the one where the guy kills his wife, chops her up and puts her in a wood chipper.

Mr. Scheck: This is the wood chipper case?

Judge Ito: There is little bits of bones and they do DNA and he says the wife took off. He gives some alibi that she--

Ms. Clark: She split.

Judge Ito: --she split or left him or something like that, but she is actually spread over the north forty. Okay. Let's proceed.

-- August 28, 1995

Cordial Relationships

Although the early banter between Christopher Darden and Johnnie Cochran was quite benign, it soon became clear that the two had developed an extreme dislike for each other.

Darden's animosity toward Cochran probably began when he was almost held in contempt by Judge Ito after hotly reacting to an insulting remark by Cochran.

Mr. Cochran: We will prove it, your Honor. They know. This is such --

Ms. Clark: Why doesn't he prove it then. Let him call a witness.

Judge Ito: No, no.

Mr. Cochran: I can choose the witness that I want. They obviously haven't tried any cases in a long time, and obviously don't know how, but this is cross-examination.

Mr. Darden: Who is he talking about doesn't know how to try the case?

Judge Ito: Wait, Mr. Darden.

Mr. Darden: Is he the only lawyer that knows how to try the case?

Judge Ito: I'm going to hold you in contempt.

Mr. Darden: I should be held in contempt. I have sat here and listened to --

Judge Ito: Mr. Darden, I'm warning you right now.

Mr. Darden: This cross-examination is out of order.

-- February 23, 1995

Mr. Darden: Are we just killing time or something here or what?

Mr. Cochran: We are killing time with all your objections.

-- February 27, 1995

Mr. Darden: Can we have Mr. Cochran not testify? He's shaking his fists, making facial expressions.

Mr. Cochran: Mr. Darden, please stop being unreasonable. I'm standing here not saying anything.

-- March 22, 1995

Mr. Darden: He can't object. This is not his witness. Back to his side of the table. This is not his witness. He cannot object.

Ms. Clark: Mr. Douglas' bailiwick.

Mr. Cochran: Tell him to get his hands off me, judge.

Judge Ito: Get your hands off him, Mr. Darden.

-- March 29, 1995

Mr. Darden: You haven't done an honest day's work in your life. (Referring to Cochran)

-- March 29. 1995

Mr. Scheck: I'm going to move on, but I think we should be allowed cross-examination.

Judge Ito: Counsel, I understand it's cross-examination. But I don't know if you're watching the jury, but they've stopped paying attention.

Mr. Cochran: We think they are going to pay attention --

Mr. Darden: I think they have had enough smooth defense tactics for the day.

Mr. Cochran: I resent that. I resent that remark, smooth defense tactics. What they've got --

Judge Ito: Don't spit at me, Mr. Cochran.

Mr. Cochran: We're being killed in these ridiculous.

Mr. Darden: He is testifying to the best he can, and that's all he can do.

Mr. Cochran: Be a lawyer. Stop acting like a child.

Mr. Darden: Such he is with minutiae.

Judge Ito: Mr. Darden.

Mr. Darden: You are a child, Mr. Cochran.

Judge Ito: Mr. Darden, when you talk when Mr. Cochran talks, the court reporter doesn't get down any of our record here.

Mr. Darden: It is difficult for any of us to get another word in when Mr. Cochran is talking.

Judge Ito: I'm just encouraging counsel to move it along. Thank you.

-- April 13, 1995

Mr. Darden: Okay. I'm sorry, were you moaning again?

Judge Ito: You know--wait a minute. I've about had enough of this between the two of you.

Mr. Darden: He started it, your Honor.

Judge Ito: You are both baiting each other. You both violated the Court's order. 250 bucks both of you today.

Mr. Darden: I am very short today, your Honor.

Judge Ito: All right. I've had enough of this.

Mr. Cochran: Thank you, your Honor.

-- June 21, 1995

Mr. Darden: Mr. Cochran is desperate. None of that happened.

Mr. Cochran: Desperate?

Mr. Darden: I should indicate this as well. I was actually very ill that morning, but I know you don't care much about that.

-- July 12, 1995

The judge has tried to handle the dispute between Darden and Cochran, but he's sure getting tired of it.

Mr. Cochran: You don't like us coming up here.

Judge Ito: I don't like either of you guys today.

Mr. Cochran: I think that is unfair.

Judge Ito: No, don't say anything about it.

Mr. Cochran: Right. I have to stand up for what I believe.

Judge Ito: I understand that.

Mr. Cochran: You have to understand that I am a man and I feel strongly about racial issues.

Judge Ito: Mr. Cochran--

Mr. Cochran: I'm going to always do that.

Judge Ito: I'm going to tell you one more time, I don't want to hear any more about it.

-- July 12, 1995

At times Ito does take sides.

Judge Ito: And what is your contemplated cross-examination of Officer Thompson at this point?

Mr. Darden: To ask--

Judge Ito: That he was at Bundy, that he was aware of the crime scene issues?

Mr. Darden: Yes.

Judge Ito: I could do that in three questions.

Mr. Darden: Well, it would be more dramatic if you did it in 15, your Honor.

Judge Ito: But we're not here for drama, are we, Mr. Darden?

Mr. Darden: Well, I'm not. Not anymore. But, you know--also, you know, I think it's important--

(At this point, Cochran makes a snide remark about Darden's disastrous glove demonstration)

Judge Ito: That wasn't an appropriate comment, Mr. Cochran. That was a cheap shot.

Mr. Darden: I'm sorry. Did Mr. Cochran apologize?

Judge Ito: Not yet, but he will.

Mr. Cochran: I don't perceive it to be a cheap shot. What he said was, he says, "I'm out of drama." I said yes, after the gloves. Now, that wasn't a cheap shot.

Judge Ito: It was.

Mr. Cochran: I didn't think it was.

Judge Ito: I thought it was.

Mr. Cochran: Well, it's your court. So if you think it was, then I apologize. But I don't think it was a cheap shot. I was responding to what Mr. Darden said, two of my colleagues.

Judge Ito: Counsel, Mr. Darden and I were discussing a matter, and you piped in with that, which I took to be a cheap shot.

Mr. Cochran: Well, I didn't think it was a cheap shot.

Judge Ito: Mr. Cochran, you think about that.

Mr. Cochran: Very well, your Honor.

-- July 18, 1995

The judge does admit it when he thinks he's made a mistake and is not afraid to apologize.

Judge Ito: We are over at the sidebar. Mr. Cochran, I want to apologize to you for appearing a little short with you. I think perhaps my tone was not appropriate in the last session. I am impatient today because this photographer testified to a very limited--we are spending a lot of time talking about this and I'm exasperated. My apologies for taking it out on you.

Mr. Cochran: I accept the Court's apology.

-- July 20, 1995

Cochran and Darden are not the only ones who dislike each other. Marcia Clark and Robert Shapiro have been trading insults since they got involved in the case back in June of 1994.

Ms. Clark: I have been informed by our media relations director that Mr. Shapiro has been telling reporters that our future witnesses have been watching television. That is false and it is unfair and it is the kind of smear campaign tactics that we object to strenuously. We have refrained from that sort of thing. We would ask the court to order Mr. Shapiro not to make these false representations to the press for the purpose of engaging in further smear campaign tactics.

Judge Ito: Mr. Shapiro, do you want to respond to that?

Mr. Shapiro: Yeah. Total lie.

Ms. Clark: Mr. Shapiro is accusing [our media relations director] of lying when she saw him on television stating that our future witnesses have been watching television?

Mr. Shapiro: Total lie. I will say it twice. I will say it out in public right now.

Ms. Clark: I guess we are going to have to go and get the tape then.

Mr. Shapiro: I haven't said a word on camera in about probably two months, other than walking in today and they asked me about the pins and I said, you know, "I think much too much time is consumed over an issue that has no relevance to the outcome of this case."

Mr. Bailey: What he really said is he is going to take his wings off.

Ms. Clark: Mr. Shapiro has been on camera every day for the last two months.

Mr. Shapiro: Not talking.

Ms. Clark: I can produce tape to impeach that, every day.

Judge Ito: Counsel, on that pleasant note, we will take our recess for the afternoon.

-- February 8, 1995

Mr. Shapiro: The people are well aware -- Miss Clark is laughing. Maybe I should wait until she composes herself.

Ms. Clark: I'm very well composed. Mr. Shapiro, I think you ought to read the evidence code, learn how to impeach a witness.

Mr. Shapiro: But on the --

Judge Ito: Excuse me, counsel. I thought we agreed these gratuitous shots were going to be verboten from this point on.

-- March 21, 1995

Judge Ito: Well, we have already gone 15 minutes past when I said we were going to stop today. What's your time estimate on this other area or do you know at this point?

Mr. Shapiro: I can not give a good faith representation as to the time. I think the direct would be very brief. I think the cross would be quite lengthy.

Ms. Clark: I know Mr. Shapiro has never probably given a good faith representation.

Judge Ito: Counsel, we really don't need those kind of snide remarks, please.

Mr. Shapiro: You know, your Honor, I am personally --

Ms. Clark: I would like an offer of proof as to the area counsel intends to go into.

Mr. Shapiro: Your Honor, so the record is clear, I am personally offended by this conduct over the last four days. Your Honor put down certain rules, put them in writing, has given warning after warning, and we would ask your Honor to start enforcing those rules with appropriate sanctions.

Ms. Clark: Good. Perhaps --

Mr. Shapiro: I find it personally embarrassing and humiliating. Counsel knows that these sidebars are reported, and I don't want to dignify her responses at all, but I think the court should make appropriate comments.

Ms. Clark: You know, your Honor, I would welcome the court's imposition of sanctions on both sides as appropriate. Mr. Shapiro has been offensive in his conduct towards me, rude, making uncalled for, derogatory remarks since June the 13th, and this court is only aware of what's happened in this court since coming to superior court. But there's a lot of water under this bridge. I would just let the court know counsel has given a great deal, greater than he's received in this respect.

Judge Ito: Well, the fact that that may be history doesn't mean that it needs to continue.

Ms. Clark: That's true.

Judge Ito: All right.

-- March 27, 1995

Mr. Shapiro: This is an absolute disgrace. this cross-examination, it is so far beyond any of the scope --

Judge Ito: Mr. Shapiro, you don't need to adopt that tone.

-- July 17, 1995

Ms. Clark: I'm not disputing the Court's observations. I just think that Mr. Shapiro's outrageous statements--

Judge Ito: Miss Clark, you don't need to call his comments outrageous.

Ms. Clark: Yes, I do.

Judge Ito: Thank you.

Mr. Shapiro: We are practicing law while you are joking.

Ms. Clark: I don't think I want to hear any more of this, and I think that the Court ought to shut Mr. Shapiro down before those personal remarks are made. I thought that was not going to be allowed.

Judge Ito: Miss Clark, stop, please.

Ms. Clark: Is it only allowed on one side?

Judge Ito: Stop it. The Court already ruled on that. The objection is overruled.

-- July 18, 1995

Judge Ito often refers to the lawyers as gladiators (or children) at sidebar and we now know why. It was all very polite in the beginning. Or was it?

Judge Ito: We are at the sidebar.

Mr. Cochran: We kind of have like a little agreement so I didn't want to object, but when she goes into things about amniocentesis, she is testifying.

Ms. Clark: That is what the evidence will show.

Judge Ito: Well, you are speaking of it in terms of you are telling them this.

Mr. Cochran: You told them that.

Ms. Clark: You need to say witnesses will tell you, the evidence will show that.

Mr. Cochran: Yes.

Ms. Clark: Okay.

Judge Ito: Blah, blah, blah, blah, blah.

Ms. Clark: I forgot.

Mr. Cochran: You probably forgot.

Ms. Clark: I did.

Mr. Cochran: Just remember that.

Ms. Clark: I'm sure you are going to do far more objectionable things in your opening argument.

Mr. Cochran: That is not why we are up here.

Mr. Darden: I didn't agree to anything.

Mr. Cochran: I am up here to be a gentleman and bring it to your attention and she turns it around and says I'm going to do far more objectionable --

Judge Ito: I mean it absolutely honestly and sincerely that I expect this to be a very professional --

Mr. Cochran: It will be.

Judge Ito: -- enterprise here.

Mr. Cochran: We will.

Judge Ito: Thank you.

Mr. Darden: Was that objection sustained?

Judge Ito: No, it is a caution. Be careful.

Ms. Clark: Yes.

-- January 24, 1995

Why don't you guys grow up.

Mr. Cochran: What is the objection?

Ms. Clark: Certain areas are irrelevant to the point of inquiry and certain areas are not.

Judge Ito: Let me see the transcript.

Mr. Cochran: The entire thing is all admissible, your Honor.

Mr. Darden: Not what is on the back of the transcript however. What is the last page of this document?

Mr. Cochran: We just take whatever they give us. It's from L.A. county.

Mr. Shapiro: It's your stuff.

Mr. Darden: Your Honor, look at the last page. This is outrageous.

Mr. Cochran: You guys, why don't you guys grow up.

-- February 16, 1995

This is your first case in a long time, we can tell.

Mr. Cochran: Judge, may I be heard? She hasn't gone into -- I know there is other testimony, but judge, still the area of surprise is opinion and that is not relevant. That is not relevant to this jury. You have already ruled on that. So let me move on. She can lay the foundation all she wants.

Judge Ito: At this point there is no foundation for the question.

Mr. Cochran: Back up here again, your Honor. What happened is that you asked him "when did you join the LAPD, how long have you been a detective, how long have you been a homicide detective," but you never asked him "how many homicides have you investigated?"

Mr. Cochran: I would love to hear that now.

Ms. Clark: Standard routine stuff. I just didn't believe it.

Mr. Cochran: This is your first case in a long time. You have been an administrator, we can tell.

-- February 21, 1995

Marcia Clark on famous defense lawyer and law professor Alan Dershowitz.

Mr. Cochran: Somebody knows a lot more about this than probably all of us.

Mr. Darden: Who?

Mr. Cochran: Alan Dershowitz.

Ms. Clark: What has he ever won?

Judge Ito: Counsel, we are on the record.

Ms. Clark: Excuse me.

-- June 5, 1995

The biggest "bald face lie" of them all.

Mr. Blasier: Lisa Kahn told me last night that Miss Clark was very well aware of the issues, was really prepared on that.

Ms. Clark: That is the biggest bald face lie we have heard yet in this case. Miss Kahn cannot make that representation; it is not true.

Judge Ito: Miss Clark.

Ms. Clark: I am not prepared for Dr. Rieders, your Honor.

Judge Ito: I don't need the characterization as people lying and that sort of thing. I don't think that is appropriate. Let's see. Today is the 20th. If he has to leave on the--

-- July 20, 1995

Barry Scheck and Peter Neufeld are New York lawyers. Their styles are more abrasive than their California counterparts. Some observers referred to them as the pitbulls of the courtroom. It was the impression of many legal pundits that they had not enamored Judge Ito. In fact, on at least one occasion Ito told Neufeld to slow down because the court reporter had difficulty understanding his New York accent. The judge drew some criticism over that remark.

Judge Ito: All right. What else do we have -- excuse me, Mr. Cochran, Miss Clark. What else do we have this afternoon? Are we going to handle that dispute over handwriting and records and blah, blah, blah?

Mr. Cochran: What dispute?

Judge Ito: Any time I see Scheck and Neufeld, I get nervous.

Mr. Bailey: I think Mr. Scheck and Mr. Neufeld are here in a seminar mode and not an attack mode.

-- March 14, 1995

Since the trial falls under California law and not federal law, this was an issue that especially Neufeld had some difficulty with. Neufeld had another problem -- a booming voice in a very small courtroom

Judge Ito: All right. We're over at the sidebar. Mr. Neufeld.

Mr. Neufeld: Your Honor, my concern is, I understand--

Judge Ito: Keep your voice down.

Mr. Neufeld: I don't believe that's an appropriate thing to be done on direct examination.

Judge Ito: Well--

Mr. Goldberg: In California it is.

Judge Ito: Do you have any case authority for that, counsel?

Mr. Neufeld: To be quite honest, that's the law in both the two jurisdictions in which I practice. I'm not familiar with what the law is in California on that particular point.

Judge Ito: California would follow the modern and federal law. Any party can impeach any witness including their own.

-- April 20, 1995

Judge Ito: All right. We are over at sidebar. Mr. Neufeld.

Mr. Neufeld: My understanding--I am not a California lawyer, your Honor--is that it's not necessary that I demonstrate she relied on this treatise at all. It is sufficient to show that she either referred to it, considered or relied upon it, upon such publication at arriving at her opinions. So I thought that my initial questions--

Judge Ito: Keep your voice down, counsel.

-- May 11, 1995

Judge Ito: Keep your voice down. One other thing. Do not directly address the jurors other than to say good morning. All right. On about four or five occasions you have directly addressed jurors. That is not appropriate in California.

-- May 15, 1995

Ms. Clark: Your Honor, may I be heard on this? This has gotten out of hand and ridiculous.

Judge Ito: No, you may not.

Mr. Clarke: Your Honor, this is outrageous in my view. Counsel is producing pieces of paper, attempting to show them in front of the jury as a basis for asking questions and is being demonstrative in front of the jury--let me finish, please--to be able to establish certain points to the jury. Now, I think that is absolutely outrageous conduct. It is done with a particular point to make in front of the jury. It is done--and I don't know about in New York it being proper, but it is clearly improper in a California courtroom, and I venture to say certainly in any courtroom, for counsel to be attempting to prove facts in front of the jury through an improper means, knowing that objections will be made to those acts and seeking to get across those points by the very acts themselves.

Ms. Clark: Second time in twenty minutes.

Judge Ito: All right.

Mr. Clarke: When the Court takes that into consideration, along with what happened this morning, which was blatantly showing an item that had never been shown to us, had never been brought up with the Court and was knowingly objectionable, this is twice within the first short period of time and I think counsel needs to be told by the Court this cannot happen again.

Mr. Neufeld: May I be heard, your Honor?

Mr. Clarke: And--

Judge Ito: Wait. What is your hypothetical question?

Mr. Neufeld: The hypothetical question--well, I can read it to you. I have it right there.

(Brief pause.)

Mr. Neufeld: My understanding under California law is for a hypothetical I don't have to--I'm not limited to the facts that are actually in evidence if I have a good faith basis for asking the question. The hypothetical will be as follows, your Honor--

Mr. Clarke: I'm sorry. Could counsel keep his voice down.

-- May 15, 1995

The lawyers don't hesitate to snitch on each other during trial -- anything to gain an advantage. Nobody does it better than Johnnie Cochran. The judge had issued an order that any ornaments in support of the accused or the victims was inappropriate. It all began when Denise Brown (Nicole's sister) had taken the witness stand wearing an angel pin and earrings in support of the victims.

Mr. Cochran: Also, your Honor, there's something I forgot to mention. Can I bring up another subject at this point?

Judge Ito: Not now.

Mr. Cochran: As soon as we finish, I have something I have to bring up that I intended to do it earlier. Can I do that?

Judge Ito: What could that possibly be?

Mr. Cochran: That would be, that pin she is wearing, all these witnesses, you said -- let me finish. You said not to wear badges and buttons and stuff. And I noticed this morning, but we were so busy, all the news you gave us today -- that's improper. The first witness --

Judge Ito: This is something we can take up later.

Mr. Cochran: Okay. Well, there's so many things, that I can't --

Judge Ito: It's been a busy day.

Mr. Cochran: Yes. But I do want to bring this up. She has that pin and it's improper. The next thing will be, Mr. Darden will be coming in tomorrow with an angel on his shoulder.

Ms. Clark: He has one.

Your Honor, this is ridiculous.

-- February 7, 1995

Yech! Marcia contaminates her desk with the bloody gloves.

Mr. Cochran: This is something Marcia should know also. You know, this is one counsel to another. Those gloves, I'm not sure -- she threw the gloves down on her side of the table. She will be still working over there for the rest of the case.

Ms. Clark: I turned them inside out.

Judge Ito: Well --

Mr. Cochran: Marcia, it's --

Judge Ito: Be cautious with that stuff.

-- February 17, 1995

Marcia Clark is getting quite miffed with Cochran's attempt to win brownie points with the judge.

Mr. Cochran: Also, we would like to respond. I agree with your Honor's --

Ms. Clark: No kidding. You agree with your Honor. What a shock that is.

-- February 21, 1995

Johnnie is messing up my exhibits again, your Honor.

Ms. Clark: Can I ask counsel why it's highlighted?

Mr. Cochran: Someone else highlighted it.

Ms. Clark: Top line on this document.

Judge Ito: Counsel, the jury is not going to see this.

Mr. Cochran: It was handed to me this way.

Ms. Clark: It was marked as an exhibit.

Judge Ito: Counsel, a clean copy goes in.

Mr. Cochran: I will clean this up. I'm aware of that. I'm up here in the middle of my examination. I can't do everything. I'd like to get my eraser out --

-- February 22, 1995

Marcia accuses Johnnie of showing the jury a document before showing it to the Prosecution.

Ms. Clark: It should be told to us. We should address it at sidebar before he brandishes it before the jury in this matter.

Mr. Cochran: Cross-examination I am not brandishing anything. Cross-examination. Just like Friday I brought it over here and asked to approach the bench. I am showing it to the court now.

Ms. Clark: He waved it in front of the jury.

Mr. Cochran: This is cross-examination.

Judge Ito: All right. Children, children, thank you. That will be enough. If we are going to use things like this, though, you need to show counsel.

Mr. Cochran: ...Why do you keep lying on the record?

Ms. Clark: Don't you dare say that to me again, counsel, use that word.

Judge Ito: Wait, wait, wait.

Ms. Clark: The envelope was marked --

Judge Ito: Wait, wait, wait.

-- March 6, 1995

Johnnie Cochran reports another angel pin to the teacher, I mean, judge.

Judge Ito: Mr. Cochran.

Mr. Cochran: Judge, there's a young lady whose taking it off now, wearing that pin, angel pin. I wanted to have her take that pin off.

Judge Ito: That's what it was?

Mr. Cochran: Yes.

Judge Ito: That's the only reason we're here?

Mr. Cochran: That's why we are here. It's a violation of your order, isn't it?

Judge Ito: Yes. Thank you.

-- March 9. 1995

Marcia is giggling and laughing, Your Honor.

Mr. Neufeld: Your Honor, one other item. Several times when I was asked--I walked up there while Mr. Goldberg was asking questions of the witness on redirect when Marcia Clark was standing next to him and she was giggling and laughing, and she was doing that visibly repeatedly.

Judge Ito: Keep your voice down.

Mr. Neufeld: She was doing it repeatedly while I was asking questions.

Judge Ito: If you will give me--I did not observe anything like that. In fact, I've observed that Miss Clark appears to me to be under the weather today and so I didn't observe that, but if you will bring my attention to it or wave at me, I will be happy to look over that way.

Ms. Clark: May I indicate to the Court that this did not happen. Mr. Neufeld is on some other planet. Mr. Goldberg turned to look at me quizzically and suppose it was into his ear that I was giggling and laughing. He didn't remember seeing this obviously.

Judge Ito: Miss Clark, I didn't see anything, and counsel, I would like to spend the rest of the twenty minutes we have left in the Court day asking questions.

-- April 26, 1995

It's his fault, your Honor.

Judge Ito: You caused this problem, you guys.

Mr. Cochran: No. [Prosecutor Rockne Harmon] did.

Mr. Harmon: Maybe I can have misconduct added to my tab here.

Mr. Scheck: I want to note for the record Patrick Ewing is a great player.

Judge Ito: Okay.

-- May 18, 1995

Your Honor, the courtroom artist is drawing naughty pictures.

Judge Ito: We are over at the sidebar. Mr. Cochran.

Mr. Cochran: I pointed out to Marcia I think that artist Steve Werblen is drawing something during this period of time. I pointed it out to her. I don't think it's appropriate. I don't know if the bailiff is back there. Can we do something?

Ms. Clark: Let me indicate for the record, I did watch him when Johnnie pointed it out to me, and it looked clear to me he's looking down and drawing and looking up.

Judge Ito: All right.

Mr. Kelberg: My back is to him. I can't see.

Judge Ito: All right. What we will do, we will have the sheriffs instruct him to stay when we recess, and I will check any drawing that he has.

Mr. Cochran: That will be good.

-- June 6, 1995

This isn't a game, it's a sport.

Ms. Clark: I just wanted the court to know what counsel is doing.

Judge Ito: I assumed that, too.

Ms. Clark: Why don't we resolve it now.

Judge Ito: I have played this game before, too. The point is all he has asked is to refresh his recollection. At this point that is all it is.

Mr. Cochran: This isn't a game, judge, but that is not a game. I'm serious.

Judge Ito: It is a sport.

Mr. Cochran: I was trying to call time out.

Judge Ito: All right. The objection at this point is premature.

-- February 16

Sanctions

One way for a judge to keep the lawyers in line is to sanction them when they violate the rules. Sanctions can be in the form of limiting evidence or testimony that may be introduced, fines, or even jail.

Early on, Johnnie Cochran and Carl Douglas were fined for not turning over information to the Prosecution, information they were entitled to receive. Under California law this is called a discovery violation. Ito fined both Johnnie Cochran and Christopher Darden $250 for repeatedly insulting each other. Darden nearly went to jail when he was held in contempt and refused to apologize. Nearly all of the lawyers in this case have been fined at one time or another for violating the rules.

'Speaking objection' is one such violation. The California code limits lawyers to twelve types of objections. For example, "Objection. Hearsay." Judge Ito has not allowed objections to be argued in the presence of the jury (ergo the term 'speaking objection'). He either sustains or overrules them, or if he feels it's warranted, discusses them at sidebar and then makes a ruling.

Ms. Clark: Your Honor, every time counsel has an objection, there's a speech that goes with it. He's been doing it all day long.

Mr. Cochran: I'm trying to avoid coming up here every time.

Ms. Clark: That is not the way to avoid it, by making argument in front of the jury. Every objection means closing argument.

Judge Ito: From now on, if I don't hear -- I am going to sanction the next lawyer who I hear make an objection that isn't one of the 12 recognized objections.

-- February 21, 1995

Sidebars are held outside earshot of the jurors. Judge Ito's courtroom is small and both Marcia Clark and Peter Neufeld have been warned to keep their voices down at sidebar. Clark heeded the warning but Neufeld didn't.

Ms. Clark: I'm going to ask the Court to admonish Mr. Neufeld from making loud repeated comments concerning the objections and the questions being asked by Mr. Goldberg. He does it audibly so that the jury can hear every word in response to every ruling and every remark made by his cocounsel, Mr. Scheck, and in response to any questioning that may be objected to by Mr. Scheck, and I think it's highly inappropriate and obviously done for the purpose of influencing the jury. And they can hear it obviously, your Honor, because I can hear every word and it's said very loudly while he's facing them.

Judge Ito: All right. I am going to sustain the objection. Mr. Cochran, would you warn Mr. Neufeld to keep his voice down. I can hear him and I've already admonished him once. If I have to admonish him again, it will be in front of the jury.

Mr. Scheck: It's just that he has a deep loud voice. He's talking to me, and I'll tell him to whisper.

Mr. Cochran: I'll tell him to write notes.

-- April 17, 1995

Judge Ito: We're at the sidebar. I think I made a mistake by putting this mat here because you guys will feel welcome to stand there and feel comfortable. Mr. Neufeld, the appropriate way to deal with a nonresponsive question--nonresponsive answer to your question is to ask the Court to strike the question and answer and admonish the jury, not to cut the witness off. You have a very bad habit of cutting witnesses off, especially this witness. I have admonished you a number of times. I don't want to have to do it in front of the jury, impose sanctions, but if I have to, I will.

Mr. Neufeld: What I'm concerned with, your Honor, is, this witness volunteered information that she had--

Judge Ito: Keep your voice down.

Mr. Neufeld: This witness volunteered information the Court had already ruled was inadmissible in this case; namely, that they did a pheno type test on that wire. That had been the ruling of the Court. The People knew about that ruling. I'm sure they must have informed the witness not to bring it up--

Judge Ito: Keep your voice down.

-- April 26, 1995

Judge Ito: Why don't you keep your voice down.

-- May 9, 1995

Ms. Clark: Could counsel keep his voice down?

Judge Ito: Mr. Neufeld, I've asked you to keep your voice down now about 18 times.

-- May 11, 1995

Johnnie Cochran tries to help Neufeld by pointing out that Marcia Clark is loud too.

Mr. Cochran: Unrelated matter. When we were over near the bench, and I'm sure it is not intentional, if Miss Clark whispers something to talk, they are so close to the jury, and I ask them to be mindful.

Judge Ito: I notice.

Mr. Cochran: It is real close. The jurors try to look ahead, but I bet if you ask them they can see you guys talking or whispering. Marcia is talking to you. And so as a matter of form, I think that maybe we should change that procedure. Maybe we should move back from the jurors or whisper in each other's ears.

Judge Ito: Move on the opposite side, but I also noticed the same thing with Mr. Neufeld, so whispering--

Ms. Clark: And Mr. Neufeld's whisper is a great deal louder than mine.

Judge Ito: Yes, he does. I can hear him right now.

Mr. Cochran: I am trying to point out something and I think we all want to be mindful of that. This is not a criticism.

Mr. Harmon: Thank you.

Judge Ito: All right. Let's proceed. Mr. Harmon, we will take a break at 2:30.

Mr. Harmon: What time?

Mr. Cochran: 2:30.

-- May 16, 1995

Judge Ito: We're at the sidebar. I want to caution counsel on both sides there's too much talking going on by counsel over at the jury box on your end and you guys are over in the corner there talking to each other. I can hear you talking. And if I can hear you talking, the jurors can hear what your conversation is. You guys are too close to the jury box. If you want to talk with each other, consult, do it over at counsel table.

Ms. Clark: All right.

Judge Ito: I don't want any conversations while you're over at the jury box. Counsel, if I have to warn you to keep your voice down one more time, it's going to cost you 250 bucks.

Judge Ito: All right. We're over at the sidebar. What's your authority for being able to force an expert witness to make calculations that he doesn't agree with?

Mr. Neufeld: It's not a question of making calculations. I am allowed to ask him a question, and the question--

Judge Ito: Keep your voice down.

Mr. Neufeld: The question I asked him is, can one calculate the frequencies of all possible contributors to this mixture. He said, "One can, but I disagree with it." That's his answer on that. He also made it clear--

Judge Ito: Keep your voice down. How much more are you going to do besides just this chart?

Mr. Neufeld: I'm not doing the other--

Judge Ito: Counsel, if I have to warn you to keep your voice down one more time, it's going to cost you 250 bucks.

-- June 23, 1995

Mr. Neufeld: Let me just explain.

Judge Ito: Keep your voice down.

Mr. Neufeld: I think he on direct examination did or did not specifically testify to mixtures, but as you may recall, he testified as to independence which allows him to utilize the product rule for all the single donor stains.

Judge Ito: Why don't you ask him a specific question about that.

Mr. Neufeld: I'm not going to debate the report. But I'm trying to bring out these things to show the biases he has. This--you know, it's a logical reaction to everything in this NRC report or to most of what's in the NRC report. I want to ask for bias purposes.

Judge Ito: Ask him about it. You're sanctioned $250 for keeping your voice up.

Mr. Neufeld: Your Honor, I would like to take that up later.

Judge Ito: That's fine.

-- June 23, 1995

Not all lawyers carry large amounts of cash around or even their checkbooks. Chris Darden has been seen taking money out of a paper back to cover fines imposed on other prosecution lawyers. This time Cochran has to help out Neufeld.

Judge Ito: All right. Three things. Where's Neufeld's money?

Mr. Cochran: He was just telling me he didn't have any checks. I'm going to pay it. May I pay it now?

Judge Ito: You may.

Mr. Cochran: He doesn't have any checks or money. I'm paying it right now.

Ms. Clark: He must think he's Mr. Darden whipping out all that cash.

-- June 27, 1995

Ms. Clark: Counsel's repeated speaking objections which have been very loud and very vociferous have gone unchecked by the Court thus far, although the Court has warned counsel.

Judge Ito: I warned him in front of the jury. This is a pretty severe sanction, I think.

Ms. Clark: And the People are asking that counsel be admonished to refrain from these speaking objections. I think it is very unfair. I think it is deliberately disruptive. It has required us to step back and regroup a number of times and that is why the "Asked and answered" objections are particularly unfair when we are being precluded from getting the answer because of counsel's repeated speaking objections which are lengthy and loud.

Judge Ito: All right. Your request is considered. I have already admonished Mr. Neufeld to--regarding his objections.

Mr. Neufeld: Your Honor, guidance on one thing because she is raising an issue in point. Am I not allowed to say, "Objection, hearsay" or "Objection, asked and answered"? Am I only allowed to say "Objection"?

Judge Ito: You are allowed to state the legal grounds.

Mr. Neufeld: Is "Asked and answered" a legal ground? That is all I'm asking. I won't do it again.

Judge Ito: It is in the common parlance here, although it is not technically asked.

Ms. Clark: It is "Asked and answered six times now" and "How many times do we have to go over this?"

Judge Ito: I know. I've already admonished him once in front of the jury, Miss Clark. That is a pretty severe sanction.

Mr. Neufeld: Okay.

Ms. Clark: It is one the People have suffered a number of times.

Judge Ito: Yes, it is.

-- August 1, 1995

Of course, Neufeld, Cochran and Darden are not the only ones to feel Ito's sting. Ms. Clark has come close on occasion. Here's she's admonished for using a no-no word.

Ms. Clark: I didn't mean to say it. I just realized when I looked at the screen.

Judge Ito: Miss Clark, you're flirting with contempt.

Ms. Clark: Not intentionally, your Honor. I did not mean to say it.

Judge Ito: You're warned. Consider yourself warned. If I hear that word again, it's going to be--somebody is going to be in jail over the weekend.

-- June 30, 1995

Judge Ito: All right. We're over at the sidebar. Miss Clark, I cautioned you to be careful earlier. Your commentary on the testimony, I realize you're enjoying yourself, but I'm warning you right now, warning you in no uncertain terms, if I see any more of that commentary, there's going to be severe sanctions, and I underline the word "Severe." Proceed.

-- July 24, 1995

Court reporters hate lawyers who jingle change in their pockets:

Judge Ito: Mr. Goldberg, the court reporters always hate lawyers who stand there and jingle change in your pocket, so if there is change in your pocket it will be confiscated by the court tomorrow.

-- August 22, 1995

The Witnesses

The Simpson trial has seen 122 witnesses, some of whom testified weeks on end. The sidebars are a good indication as to how the lawyers feel about them. Witness lists have to be turned over to the other side before any of them are allowed to take the stand.

In one of the first sidebars of the trial Johnnie Cochran complains about the Prosecution bringing in a Canadian spousal-abuse expert.

Mr. Cochran: ...They also purport to call or talk about calling an expert. They searched this entire country and couldn't find anybody in the United States...

Judge Ito: But after NAFTA we can go anywhere we want.

Mr. Cochran: I suppose you can, but I don't know if our jury will relate to a citizen from the North, I guess he could, but this man is from Canada.

Mr. Gordon: That should be better.

-- January 11, 1995

Another sport in this trial has been defaming the character of the witnesses. A pro-Prosecution witness, Ron Shipp, was attacked by the Defense for being a drunk. During a sidebar Chris Darden reminds everyone that Defense witness Cathy Randa also has a drinking problem.

Mr. Darden: Cathy Randa is also a drunk. Are we going to be able to go into that?

Judge Ito: Yeah, probably.

Mr. Darden: Thank you, your Honor.

Mr. Cochran: That's character assassination.

Judge Ito: Johnnie, come on.

-- February 2, 1995

Sidebars often illustrate how the lawyers really feel about certain witnesses.

Mr. Darden: You just never really know what you are going to get from Mrs. Colby.

Mr. Cochran: It might be helpful if you talked to her.

Mr. Darden: I have, but I believe she is going to testify that --

Mr. Cochran: She is an alien from another planet.

-- February 3, 1995

Mr. Darden: Are we adjourning at 3:00 o'clock?

Judge Ito: Boy, I sure hope so.

Mr. Darden: If you look over at the witness, I don't think she's going to make it.

Judge Ito: She's all right. She'll make it.

Mr. Cochran: If she just answers the question, if somebody advises her just to answer the question.

Judge Ito: Yeah.

Mr. Darden: I mean she's very, very emotional.

Judge Ito: I know.

Mr. Darden: I don't think she's going to make it.

-- February 3, 1995

Johnnie Cochran is about to make mincemeat of a rookie police officer on cross-examination.

Mr. Cochran: Let me tell you what I am trying to establish.

Ms. Clark: We all know what you are trying to establish, Johnnie. The thing is you are going to --

Judge Ito: Hold on.

Ms. Clark: -- but this is rotten.

Judge Ito: Marcia, do me a huge favor. When I say "hold on," that means stop.

Mr. Cochran: Okay. I'm trying to establish what did he mean by saying -- this is right, this is the front gate, that -- and you may be right, you usually are. Not always, but you usually are.

Judge Ito: There are several witnesses who can establish -- who are coming who can establish that. it doesn't make logical sense to me, but this is not the right guy.

Mr. Cochran: You know what --

Mr. Darden: Why do you want to beat up on a kid? On 85-year old women and a kid.

Mr. Cochran: I was so nice to that lady yesterday and she was tuning me out.

Ms. Clark: We all wanted to.

-- February 9, 1995

One of the more interesting witnesses was Rosa Lopez, a Salvadorian housekeeper who used to work next door to the Simpson estate. The Defense wanted her to testify to seeing Simpson's Bronco parked outside his home at the time of the murders several miles away. However, Ms. Lopez was getting cold feet and went into hiding. Leave it up to media to quickly track her down.

Mr. Bailey: We have an affidavit from Rosa Lopez that I would like to present to you today. The press went out and found her at her sister's home and she's threatening to leave again.

-- February 17, 1995

Rosa Lopez is finally convinced to take the stand with the assistance of a translator. The Defense team treats with kid gloves on direct examination, but when it's the Prosecution begins its cross-examination, the gloves come off.

Ms. Clark: The problem, though, that we were aware of, is the translator was interpreting instead of translating what she was saying and changing words and cleaning up her language, not even interpreting some of the things she was saying at all.

Mr. Darden: Especially some of the things she was saying about Marcia.

Ms. Clark: Right, right. Really. I know.

Mr. Cochran: You mean about evil eye? You mean the evil eye? She said you were giving her the evil eye.

Ms. Clark: How do you do that?

Mr. Cochran: I don't know, Marcia. You are giving it to me right now, I want the record to reflect.

-- February 27, 1995

There's a question of whether Rosa Lopez is faking her inability to speak English.

Mr. Darden: I don't know. I hear she [Lopez] speaks very good English.

Judge Ito: Well, we can ask.

Mr. Cochran: She speaks English, but it isn't her native tongue.

Mr. Darden: Don't let Carl [Douglas] ask her any questions. He doesn't speak English well himself.

Judge Ito: Mr. Darden, please.

Mr. Darden: I apologize, your Honor.

-- February 27, 1995

Chris Darden's investigators are working overtime digging up dirt on Ms. Lopez and he just can't wait to expose all the dishonesties in her past.

Judge Ito: How late do you want to go?

Mr. Darden: Judge, if you knew what I knew [about Lopez], you would just want to go all night on this. But, you know --

Judge Ito: I'm probably going to quit at 4:30.

Mr. Darden: I'm hoping my investigators will get in here because I may --

-- February 27, 1995

The Defense has offered to look after hotel accommodations for Ms. Lopez. Darden is concerned that this may influence her testimony.

Mr. Darden: What plans do you have for Miss Lopez tonight?

Judge Ito: Well, I am going to ask counsel to make the same arrangements as last night, and we will have her back here tomorrow fresh and ready to go at 9:00 o'clock.

Mr. Darden: I'm concerned that, you know, these plush accommodations that are being provided for her might influence her testimony. I don't see why counsel can't -- well, you're rich. You're used to this, Mr. Bailey. I'm not and she isn't either. So I don't know why she has to stay --

Mr. Bailey: May that be stricken?

Judge Ito: No, it won't be stricken, but I'm not concerned -- Mr. Darden, I'm not concerned about where she's staying. I'm just concerned that she comes back tomorrow.

Mr. Darden: ...But I think, you know, ........ is a little excessive, okay.

Judge Ito: Wait till you see where the jury is.

-- February 27, 1995

Chris Darden causes quite a stir when he accuses Johnnie Cochran of telegraphing answers to Ms. Lopez using body signals.

Mr. Darden: Have you seen the video of Mr. Cochran signaling to the witness?

Mr. Cochran: Signalling what witness?

Mr. Darden: It's on every news station in the country right now.

Mr. Cochran: What signal to what witness? What are you talking about? I would like to see that.

Ms. Clark: You will.

-- March 2, 1995

Language difficulties continue. Lopez answers most of the Prosecution's questions with "I don't remember." The controversy now is whether, in Spanish, "I don't remember" really means "No."

Mr. Darden: I don't remember means no.

Mr. Cochran: Just a moment.

Judge Ito: Well, out of curiosity, why would you contest that answer?

Mr. Darden: Well, because she's only said "I don't remember" 128 times, and each time she -- I don't know if it's good, I don't know if "no" is bad.

Judge Ito: But you asked me how I was going to take "I don't remember" under 1235. Then you got the answer that makes that problem go away.

Mr. Shapiro: Judge, I think it's unfair that you help the Prosecution learn the rules of evidence. He's trying to, but you're not picking up on it.

Ms. Clark: Mr. Shapiro is not giving us any clues that we weren't telling him about yesterday. That was clear.

Judge Ito: Hold on.

Okay. Come on, guys. It's late. It's been a long week.

-- March 3, 1995

Of course, Marcia Clark can do a Rosa Lopez, too.

Judge Ito: Are there Caucasian hairs on both these gloves?

Ms. Clark: I don't remember.

Mr. Cochran: Your Honor, she's not telling the truth.

Ms. Clark: I don't remember.

Judge Ito: Wait, wait.

Ms. Clark: You know something? I'm going to start asking the court for sanctions if Mr. Cochran doesn't stop these falsities.

Mr. Cochran: That's preposterous.

Judge Ito: Wait, wait.

Ms. Clark: They're so inappropriate.

Judge Ito: Wait, wait, wait.

-- March 8, 1995

One of the most difficult decisions for these lawyers is when to wrap up their questioning of witnesses. They always want the last word.

Ms. Clark: Your Honor, can we have a indication from counsel how much longer he is going to be on recross?

Judge Ito: I thought he was winding up about twenty minutes ago.

Ms. Clark: I thought it was an hour ago, but can we get an indication?

Mr. Cochran: Tomorrow I will finish.

Ms. Clark: What time?

Mr. Cochran: I don't know. Tomorrow I will finish.

Ms. Clark: I need to know for witnesses.

Mr. Cochran: Have your witnesses here.

Judge Ito: Have them here. Have them here. We are about finished.

-- March 8, 1995

Of course, one of the more colorful witnesses was Brian "Kato" Kaelin, Simpson's longtime house guest. Even the judge realizes that Kato has stirred up the public interest in the trial

Judge Ito: Let's go back out and finish Kato mania.

-- March 22, 1995

Sometimes the witnesses in this case aren't even human. I wonder when we'll see Kato the dog?

Ms. Clark: This witness will state that he saw Mr. Simpson reach down, then reach back up and go into his bag and zip it up.

Mr. Cochran: What?

Ms. Clark: On the trash can. It is coming. I just talked to the guy today.

Mr. Cochran: What is coming? The trash can is coming or the report?

Ms. Clark: The trash can is coming, too. We are marking it. That is the witness.

Judge Ito: These are just innocuous -- I'm not even going to suggest anything.

-- March 29, 1995

There are times when the lawyers can't come up with another question, so they keep repeating the same one over and over.

Mr. Neufeld: Well, Miss Mazzola, you said a moment ago that you had been taught to keep accurate and complete field notes during the training--

Judge Ito: Let me see counsel at the sidebar, please.

(The following proceedings were held at the bench:)

Judge Ito: I think I've heard enough about the need to have accuracy and completeness. You have asked this question now for about the eighteenth time in the last twenty minutes. All right. You have established the point. Move on.

-- April 25, 1995

The relevance of what a witness has to say is often in dispute.

Judge Ito: Hold on. We're over at sidebar. Where are we going with this, Mr. Cochran?

Mr. Cochran: This is the last time she cut his [Simpson's] hair. Judge, I'm going to just bring out the last time she cut the Defendant's hair at Rockingham, what condition his hair was in.

Ms. Clark: That's all? Who was there, I want to hear about that. Why is that relevant?

Mr. Cochran: Why is it relevant who was there?

Ms. Clark: Yes.

Mr. Cochran: It's very relevant.

Ms. Clark: Then let's hear what it is.

Mr. Cochran: You're the Judge. I'm not--

Ms. Clark: All right. Your Honor, you know, we've seen--

Judge Ito: Wait, wait, wait. Who's there? Who's there?

Mr. Cochran: Gigi cooked the dinner. The facts are, they had--Gigi Guarin is the housekeeper. She cooked dinner. I think the director, one of his directors of a movie or something. They had dinner. After that, OJ was watching Frogman or something like that. She cut his hair. That was it. I think Paula was there. That was it.

Judge Ito: Okay.

Mr. Cochran: No big thing.

Ms. Clark: What is the relevance of Paula being there?

Mr. Cochran: Because she was there.

Judge Ito: The last time he had his hair cut?

Ms. Clark: May I point out to the Court, if that is the offer, an unreliable offer of proof was made informally to Mr. Darden. Mr. Darden received the following offer of proof off the record just before we began: That she would testify to the fact that his hair was never treated. And we have now heard extensive testimony about dandruff and now about the last day she cut his hair. I am going to ask the Court to require an offer of proof and an offer that is complete and honest in the future when we have witnesses who have no statements. This is a trial by ambush now.

Judge Ito: Let's proceed.

Mr. Cochran: May I--

Judge Ito: No. No. Let's proceed.

Mr. Cochran: That was wrong.

Judge Ito: Let's proceed.

-- July 18, 1995

These lawyers go through extraordinary lengths to impeach a witness.

Ms. Clark: Life magazine article, your Honor. I have a copy of it coming to counsel now.

Mr. Neufeld: Why don't you cut to the chase and tell us what you are going to use it on?

Ms. Clark: Sure, sure. Right here, (indicating). "I'm in the business of giving hope to the hopeless. No one can contradict me. I have to be very, very careful."

Judge Ito: I'm trying to read it, counsel.

Mr. Neufeld: I'm sorry.

Ms. Clark: And then, your Honor, it goes on to the bottom paragraph as well, (indicating).

Mr. Neufeld: Miss Clark, which quotes did you want to use?

Ms. Clark: "I'm in the business of giving hope to the hopeless and since nobody in the world can contradict me, I have to be very, very careful," and then down here, (indicating), "I don't want to say I'm anti-jury, I'm just anti that jury. I have no faith in the jury system left. I only want a judgment. I do my naughty things and I'm thinking of doing twelve of them right now," and that is in response to the jury verdict in the Jean Harris case where the Defendant was, that she accidentally shot, Dr. Scarpetta--not Scarpetta.

Judge Ito: Shoenhower?

Mr. Neufeld: Hitanower, T-A-N-O-W-E-R.

Judge Ito: T-A-R-N-O-W-E-R.

Ms. Clark: Tarnower, that is it, and the jury rejected his opinion and voted guilty of murder and his response to their rejection of his theory on his testimony to support their theory that it was an accident, because the crime scene reconstruction was important to that theory, was, you know, the heck with juries.

-- August 1, 1995

The Gloves and the Tapes

By the far the most controversial evidence were the bloody gloves found at the crime scene at Bundy and at Simpson's Rockingham estate. The Defense have insinuated that the Rockingham glove was planted by Detective Mark Fuhrman. One of the most dramatic moments in the trial came when Chris Darden asked Mr. Simpson to try on the gloves in front of the jury.

The following are some excerpts from sidebars surrounding this demonstration. First, Chris Darden tries to convince the judge to have Mr. Simpson try on a brand new pair of gloves instead.

Mr. Darden: Your Honor, these are Aris Isotoner gloves, similar make, exact same size as the ones now in front of the witness.

Judge Ito: Yes.

Mr. Darden: I would like to lay the foundation to show they are the exact same size, similar make and model so that perhaps we can have Mr. Simpson try them on at some point to determine whether or not the gloves found at the scene and at his home will fit him.

Mr. Cochran: We object to this, your Honor. First of all, we've had no time to deal with this. At some point, if Mr. Simpson testifies and we want to have him try the gloves on in evidence, that is one thing. There's no foundation with regard to this. So that's why I asked to approach the bench. I don't think it's appropriate at this time with this witness under these circumstances. This is redirect and it's improper.

Judge Ito: I did notice they were delivered to the courtroom during the course of the cross-examination. Are you asking to reopen with this?

Mr. Darden: Yes, your Honor.

Judge Ito: You understand there's no foundation for this yet.

Mr. Darden: I understand that completely.

Judge Ito: All right.

Mr. Cochran: Your Honor, we have not had an opportunity to deal with this. I haven't seen this before. This is the first time we've seen this. I would suggest this is not the appropriate witness for this.

Judge Ito: Why don't we quit moving the bag around here.

Mr. Darden: This is the only witness that can lay the foundation. Excuse me. I'm talking on the record. This is the only witness that can lay the foundation I believe in terms of size and--

Judge Ito: I understand.

Mr. Darden: And he is going back to New York tomorrow.

Mr. Cochran: Are these the same gloves? What's the offer of proof, your Honor?

Judge Ito: All right. The Court has examined these particular gloves. They have a label on them that purports to say, "Aris leather lights, cashmere lined" and has the size "Extra large." The Court has examined the right-hand glove. It has a similar label indicating, "Aris, 100% cashmere consider lined, size extra large, made in Philippines." I think there's a sufficient offer of proof that these appear to be similar gloves. I'll overrule the objection.

Mr. Cochran: The other question is, if he does that, is the Court going to allow them to have the Defendant try these gloves on?

Judge Ito: I'm sorry?

Mr. Cochran: Are you going to allow them to have the Defendant try these gloves on?

Judge Ito: I think it would be more appropriate for him to try the other gloves on.

Mr. Cochran: That was exactly my point. So--

Judge Ito: I mean the real gloves that were found.

Ms. Clark: The only problem is, he has to wear latex gloves underneath because they're a bile hazard and they're going to alter the fit.

Judge Ito: We'll take that up when we get there.

-- June 15, 1995

The judge has disallowed the demonstration with a new pair of gloves. The original crime scene gloves will be used.

Mr. Darden: Okay. Your Honor, at this time, the People would ask that Mr. Simpson step forward and try on the glove recovered at Bundy as well as the glove recovered at Rockingham.

Judge Ito: All right. Do you want to do that?

Mr. Cochran: No objection, your Honor.

Judge Ito: All right. He can do that seated there. All right. And I think so the jury can see, I'll ask Mr. Simpson to stand. All right. Mr. Darden, which glove do you have?

Mr. Darden: This is the Bundy glove, your Honor.

Judge Ito: All right.

Mr. Darden: And after Mr. Simpson tries on the gloves, I would ask that he be required to step back over to the jury and again show him his bare hands.

Judge Ito: Well, we'll get to that in a second. All right. The record should reflect that, as is our practice with these gloves, Mr. Simpson will have a pair of latex gloves on while doing this.

Mr. Darden: I'm handing Mr. Simpson the left glove, Rockingham.

Judge Ito: That's People's 77?

(The Defendant complies.)

Mr. Darden: Your Honor, apparently Mr. Simpson seems to be having a problem putting the glove on his hand.

Mr. Cochran: Your Honor, I object to counsel's statements.

Judge Ito: Sustained.

Mr. Cochran: Thank you. Move to strike.

Mr. Darden: I'd also like to hand Mr. Simpson the other glove. What exhibit number?

Judge Ito: This is People's 164-A? Is that the right-hand glove?

Mr. Darden: Yes, your Honor.

(The Defendant complies.)

Judge Ito: All right. Deputy Jex, would you just take a step back, please. Thank you. All right. The record should reflect that Mr. Simpson has both gloves--

Mr. Darden: May he show his hands in front of the jury so that they can see--

Judge Ito: Yes.

Mr. Darden: Mr. Simpson is indicating that his fingers aren't all the way into the gloves, your Honor.

Judge Ito: All right. Thank you, counsel.

Mr. Darden: Mr. Simpson told the jury that the gloves are too small.

Judge Ito: All right.

Mr. Darden: Your Honor, before Mr. Simpson goes back, can we ask him to replace the left glove onto his hand?

Judge Ito: All right.

Mr. Darden: Can we ask him to straighten his fingers and extend them into the glove as one normally might put a glove on?

Judge Ito: Yes.

Mr. Cochran: Your Honor, object to this statement by counsel.

(The Defendant complies.)

Judge Ito: All right. He appears to have pulled the gloves on, counsel. All right. Would you show that to the jury, Mr. Simpson, in that manner?

(The Defendant complies.)

Judge Ito: Thank you. Other hand, please.

(The Defendant complies.)

Mr. Darden: Could we ask him to make a fist with his left hand with the gloves on, your Honor? Could we ask him to make a fist with his right hand while the gloves are on, your Honor?

(The Defendant complies.)

Judge Ito: He is doing both.

Mr. Darden: Could we ask him to grasp an object in his hand, a marker perhaps, your Honor?

Judge Ito: All right. Mr. Simpson.

(The Defendant complies.)

Mr. Darden: Would we ask him to grasp the marker in his hand like this, your Honor (indicating)?

Mr. Cochran: Object to this, your Honor.

Judge Ito: Yes. I agree.

Mr. Cochran: Object to counsel--

Mr. Darden: Could we ask him to completely grasp the marker in his hand?

Judge Ito: Yes.

Mr. Darden: Whether raised or not?

Judge Ito: Yes.

(The Defendant complies.)

Judge Ito: All right. Thank you, counsel.

-- June 15, 1995

Darn! Those gloves should've fit. The glove expert said they would fit. Darden tries to figure out what went wrong. He eventually convinces the judge to have Simpson try on a pair of new gloves.

Judge Ito: We are over at the sidebar. Mr. Darden.

Mr. Darden: Our concern is that Mr. Simpson is just going to act out in front of the jury and attempt to testify under circumstances where he can't be cross-examined.

Judge Ito: If you want the demonstration, it will be done at my direction without any comment from any counsel.

Mr. Darden: Obviously we are concerned that we are just--

Mr. Cochran: Fine. We are ready to proceed, your Honor.

Mr. Darden: --inviting another circus-like situation involving the Defendant.

Mr. Cochran: We accept that.

Mr. Darden: Wait. I'm not finished yet. We do have our own pair of leather gloves which have been kept in my custody, so Mr. Simpson--it is another pair of gloves that have not been altered in any way--what the Defense can put on Mr. Simpson's hands.

Mr. Cochran: No.

Mr. Darden: And they do have their own pair of gloves.

Mr. Cochran: I object for the reasons we talked about, your Honor. These gloves are pristine, and as I said, your Honor, this demonstration is spending much more time than it is worth. The Court has ruled and I don't want to use their gloves. They have been tried on by other people and it is not recommended to have somebody else do it. It is either Simpson or someone else and you have set the ground rules and I take umbrage about Simpson acting up. The evidence now is that that left glove was more like a large, so no one was acting up. Those gloves are smaller and that is what we are talking about, so I would just submit it.

Mr. Darden: Additional concern I have of course is--

Mr. Shapiro: One second.

Mr. Darden: People used to say "Please" where I come from.

Mr. Shapiro: I'm sorry.

Mr. Darden: Another concern of course is that Mr. Simpson has arthritis and we looked at the medication that he takes and some of it is anti-inflammatory and we are told that he has not taken the stuff for a day and it caused swelling in the joints and inflammation in his hands and I'm concerned about that.

Mr. Cochran: Your Honor, the man has--my dear friends are being paranoid, your Honor. The man has medicine. He doesn't want to be sick. And they are