DIRECT EXAMINATION BY MS. CLARK:
Q GOOD AFTERNOON, MR. WILLIAMS.
A: GOOD AFTERNOON.
Q: A LITTLE BIT NERVOUS?
A: YES.
Q: SIR, AS OF JUNE 12, 1994, WHERE WERE YOU EMPLOYED?
A: AT LAX AT AMERICAN AIRLINES WHERE I'M A SKYCAP, CONTRACTED OUT FROM AMERICAN EMPLOYED BY HUNTLEY.
Q: EMPLOYED BY?
A: HUNTLEIGH, HUNTLEIGH USC.
Q: OKAY. YOU CONTRACTED OUT THROUGH THEM TO WORK AS A SKYCAP FOR AMERICAN AIRLINES?
A: UH-HUH.
Q: IS THAT YES?
A: YES.
Q: ALL RIGHT. WHAT WERE YOUR DUTIES AS A SKYCAP?
A: CHECKS BAGS FOR PASSENGERS, BAG ASSISTANCE, CHECK BAGS ON THE CURB, CURB SIDE, PASSENGER ASSISTANCE.
Q: AND HOW LONG HAD YOU BEEN WORKING AS A SKYCAP AS OF JUNE 12, 1994?
A: AS A SKYCAP ABOUT A YEAR AND A HALF.
Q: WHAT TIME -- WHAT WERE YOUR WORK TIMES BACK THEN?
A: UMM, AT THAT TIME I HAD A STRAIGHT SEVEN O'CLOCK SHIFT. IT WAS 7: 00 IN THE EVENING TO 2:00 IN THE MORNING.
Q: AND ON THE DATE OF JUNE THE 12TH, 1994, DID YOU START WORK AT 7:00 P.M.?
A: YES, I DID.
Q: AND WERE YOU STILL AT WORK AT ABOUT 11:30 P.M.
A: YES, I WAS.
Q: DID SOMEONE APPROACH YOU AT ABOUT 11:30 P.M. TO ASK YOU FOR HELP WITH SOME BAGS THAT YOU HAPPEN TO RECALL?
A: YES.
Q: FIRST TELL ME DO YOU RECALL A YOUNG CAUCASIAN MAN COMING UP TO YOU AND ASKING YOU FOR HELP WITH BAGS?
A: YES. *******
Q: OKAY. SO WHO WAS PUSHING THE LUGGAGE CARRIER, SIR?
A: A CAUCASIAN MAN.
Q: AND WAS THERE SOMEONE ELSE WITH THAT YOUNG CAUCASIAN MAN?
A: I DIDN'T NOTICE. I DIDN'T NOTICE THE OTHER PERSON AT FIRST. HE WAS STANDING LIKE OUT OF MY SIGHT. WHEN I FIRST TURNED I WAS FACING THE PODIUM HELPING THE PEOPLE I WAS HELPING, AND THEN AFTER I FINISHED WITH THEM I TURNED TO MY LEFT AND I ASKED HIM IF HE NEEDED HELP AND THEN IT WAS AT THAT TIME THAT I NOTICED IN MY PERIPHERAL VISION I COULD SEE SOMEONE ELSE STANDING THERE AND --
Q: COULD YOU SEE WHO THAT WAS?
A: YES.
Q: WHO WAS THAT?
A: MR. SIMPSON.
Q: IS THAT SOMEONE YOU SEE IN COURT TODAY, SIR?
A: YES.
Q: OKAY. CAN YOU POINT HIM OUT?
A: MR. SIMPSON, (INDICATING).
THE COURT: INDICATING THE DEFENDANT.
Q BY MS. CLARK: OKAY. AND WAS HE CARRYING -- WAS MR. SIMPSON CARRYING ANYTHING WHEN YOU SAW HIM?
A: YES, HE HAD A BAG.
Q: WHAT KIND OF BAG?
A: LIKE A LITTLE DUFFLE -- DUFFEL BAG.
Q: A DUFFEL BAG?
A: YEAH.
Q: AND WHAT COLOR WAS IT?
A: I DIDN'T -- IT WAS DARK-COLORED, TOO, FROM WHAT I REMEMBER. I DIDN'T -- LIKE I SAID, I DIDN'T, YOU KNOW, PAY SPECIFIC ATTENTION TO IT.
Q: OKAY. COULD YOU TELL US, SIR, HOW HE WAS CARRYING THAT DUFFEL BAG? IN HIS HAND OR ON HIS SHOULDER?
A: WHEN I SAW HIM IT WAS ON HIS SHOULDER.
Q: ON HIS SHOULDER?
A: YEAH.
Q: ALL RIGHT. NOW, DID YOU PERSONALLY CHECK ANY OF THE BAGS FOR THE YOUNG MAN OR MR. SIMPSON?
A: YEAH. I CHECKED TWO BAGS.
Q: WHAT BAGS DID YOU CHECK?
A: THE GOLF CLUB AND THE LIKE HANGING BAG.
Q: NOW, WHEN YOU CHECK BAGS IN, SIR, COULD YOU PUT -- CREATE SOME PAPERWORK TO GO TAG THEM IN ANY WAY?
A: WELL, YOU HAVE TO PULL THE TAGS FROM THE COMPUTER AND THEY ARE AUTOMATIC, THEY JUST COME OUT WHEN YOU PULL THEM OUT, AND YOU JUST PUT THEM ON THE BAGS.
Q: OKAY. NOW, THE TAGS THAT COME OUT OF THAT COMPUTER, SIR, ARE THEY STAMPED WITH DATE AND TIME?
A: UMM, YES, THEY ARE. THEY ARE.
Q: AND WHEN YOU PLACE THE TAGS ON THE BAG THAT YOU ARE CHECKING, DOES IT REFLECT THE DATE AND TIME AT WHICH YOU PLACE THOSE TAGS ON THE BAG?
A: YEAH, IT TELLS YOU THAT, YOU KNOW, THE TAG WAS PULLED AT THIS TIME AND ON THIS DATE.
Q: OKAY.
A: BY THIS SKYCAP AND IT HAS A NUMBER. IT HAS LIKE THE DATE, THE TIME AND YOU KNOW, IT HAS THE CODE, MY CODE THAT I HAVE TO USE TO GET INTO THE COMPUTER.
Q: SO THAT DATE AND TIME SHOWS WHEN THE BAGS WERE CHECKED IN?
A: YES.
Q: OKAY. I'M GOING TO SHOW YOU THE EXHIBIT THAT HAS BEEN MARKED AS DEFENDANT'S 1063 AND I ASK YOU TO LOOK AT THE TAG ON THIS BAG, SIR. DO YOU RECOGNIZE THAT TAG THAT I'M SHOWING YOU HERE? AND FOR THE RECORD, IT IS A TAG THAT SAYS "LAX AA 1103." DO YOU RECOGNIZE THAT TAG?
A: YEAH, IT IS A REGULAR AMERICAN AIRLINES TAG.
Q: IS THAT THE KIND -- IS THAT THE KIND OF TAG THAT YOU WOULD PUT ON THE BAG WHEN YOU CHECK IT IN?
A: UH-HUH, YES, IT IS. ******
Q: AND MEANS THAT THIS BAG WAS CHECKED AND ITS DESTINATION WAS CHICAGO O'HARE?
A: YES.
Q: AND CAN YOU TELL US WHAT TIME THIS BAG WAS CHECKED IN?
A: THIS BAG WAS CHECKED IN AT, UMM, 11:32 ON JUNE 13TH.
Q: 11:32 P.M., SIR?
A: YES.
Q: ON JUNE THE 13TH?
A: YES.
Q: AND WAS IT -- AND IT WAS CHECKED IN AT WHAT AIRPORT?
A: LAX.
Q: IS THAT SHOWN HERE AS WELL?
A: YEAH, IT IS RIGHT THERE.
Q: WHERE IT SAYS "LAX"?
A: UH-HUH, AND THAT IS MY CODE.
Q: WHERE IS YOUR CODE, SIR?
A: H03.
Q: THAT MEANS THAT IT WAS YOU?
A: YEAH.
Q: SO YOU CHECKED THIS BAG IN AT LAX ON JUNE THE 13TH AT 11:32?
A: YEAH. YEAH. Q. NOW, DID YOU HAVE -- DID YOU ASK THE DEFENDANT WHERE HE WAS DESTINED FOR BEFORE YOU PUNCHED OUT THE TAGS?
A: YES.
Q: AND DID HE TELL YOU?
A: YES.
Q: AND WHERE WAS THAT?
A: CHICAGO.
Q: AND DID HE MAKE ANY INQUIRY OF YOU AS TO WHETHER OR NOT THE PASSION WOULD MAKE IT ONTO THE PLANE?
A: HE ASKED ME IF -- HE PRETTY MUCH ASKED ME THAT, IF THEY WOULD MAKE IT.
Q: AND WHAT DID YOU SAY?
A: I TOLD HIM YEAH.
Q: OKAY. DID YOU GIVE HIM SOME PAPERWORK OR SOMETHING WITH RESPECT TO THE BAGS THAT YOU CHECKED?
A: YEAH. I GAVE HIM HIS CLAIM CHECKS FOR THE BAGS.
Q: AND ABOUT WHAT TIME WAS IT WHEN YOU DID THAT, SIR?
A: AT ABOUT 11:30.
Q: NOW, YOU INDICATED THAT HE WAS CARRYING A DARK DUFFEL BAG?
A: YES.
Q: SHOWING YOU WHAT HAS BEEN MARKED PREVIOUSLY AS DEFENDANT'S 1064, DO YOU SEE THIS BAG, SIR?
A: UH-HUH.
Q: IS THAT YES?
A: YES, I'M SORRY.
Q: CAN YOU TELL US -- THAT IS OKAY. CAN YOU TELL US IF THIS LOOKS LIKE THE BAG YOU SAW HIM CARRYING THAT NIGHT?
A: YES.
Q: CAN YOU TELL US IF THIS WAS THE BAG HE WAS CARRYING THAT NIGHT?
A: I COULDN'T TELL YOU IF IT WAS THE BAG, NO.
Q: LOOKS LIKE IT?
A: LOOKS LIKE IT.
Q: COULD YOU TELL US IF IT APPEARED TO BE FULL OR EMPTY?
A: IT HAD SOMETHING IN IT. I'M NOT SURE WHAT, BUT IT CAN'T -- IT WASN'T WEIGHING IT DOWN OR ANYTHING LIKE THAT.
Q: HE HAD THAT ON HIS SHOULDER?
A: YES.
Q: DID HE CHECK THAT BAG IN WITH YOU?
A: NO.
Q: WHAT DID HE DO WITH THAT BAG?
A: HE KEPT IT WITH HIM.
Q: IS THERE A TRASH CAN ANYWHERE NEAR YOUR STAND WHERE YOU WORK?
A: UMM, YES, JUST TO THE LEFT OF IT.
Q: THE LEFT OF IT AS YOU FACE IT?
A: IF I'M FACING THE PODIUM, THE PODIUM IS HERE, THE KEYBOARD AND EVERYTHING AND SCREEN IS HERE, AND I WOULD SAY RIGHT -- RIGHT OVER HERE THERE IS A TRASH CAN, (INDICATING).
Q: SO IF YOU ARE WORKING AT YOUR PODIUM, WOULD IT HAVE BEEN TO YOUR LEFT?
A: A LEFT AND A LITTLE BEHIND ME.
Q: A LITTLE BEHIND YOU?
A: YEAH, NOT FAR.
Q: NOW, WHEN YOU SAW THE DEFENDANT, SIR, WHAT WAS HE WEARING?
A: FROM WHAT I REMEMBER IT WAS A DENIM OUTFIT. IT WAS LIKE SOME -- LIKE JEANS, BUT JEANS, LIGHT SHIRT, A LIGHT-COLORED SHIRT.
Q: OKAY. COULD IT HAVE BEEN A DENIM TYPE -- LIGHT DENIM SHIRT?
A: YES.
Q: LIGHT-COLORED DENIM SHIRT?
A: UH-HUH.
Q: IS THAT YES?
A: YES, YES. I KEEP FORGETTING.
Q: HOW MANY BAGS DID THE DEFENDANT HAVE, SIR?
A: JUST THE THREE.
Q: OKAY. THE TWO YOU CHECKED AND THE ONE HE CARRIED?
A: YES.
Q: DID YOU SEE ANY OTHER BAGS WITH HIM?
A: NO.
Q: IS THAT THE ONLY TIME YOU HAVE CHECKED MR. SIMPSON IN FOR A FLIGHT?
A: YEAH, BECAUSE I WASN'T A SKYCAP THE OTHER TIMES I SEEN HIM.
Q: ALL RIGHT. DID YOU HAVE A CONVERSATION WITH ANYONE THE DAY AFTER THESE EVENTS THAT WE HAVE JUST DISCUSSED ON JUNE THE 12TH?
A: YES.
Q: WAS THAT A FRIEND OF YOURS?
A: ANOTHER SKYCAP.
Q: OKAY. AND AFTER YOU HAD THAT CONVERSATION WITH YOUR FRIEND, WHAT DID THAT CAUSE YOU TO DO WITH RESPECT TO YOUR MEMORY OF THE EVENTS OF CHECKING MR. SIMPSON IN ON THE NIGHT OF JUNE THE 12TH?
A: TRY TO RECALL, RECOLLECT WHAT HAPPENED THAT NIGHT.
Q: OKAY. AND DID THAT CAUSE YOU TO REFLECT ON EVERYTHING THAT HAD HAPPENED, THE NUMBER OF BAGS CHECKED AND EVERYTHING YOU SAW?
A: YEAH. PRETTY MUCH, YES.
Q BY MS. CLARK: SO YOU ONLY SAW ONE BLACK DUFFEL BAG; IS THAT RIGHT?
A: YEAH. THAT IS ALL I SAW, YES, ASIDE FROM THE OTHER TWO BAGS.
Q: THE TWO YOU CHECKED?
A: UH-HUH.
Q: IS THAT YES?
A: YES.
Q: THE ONLY DUFFEL BAG YOU SAW WAS THE ONE HE CARRIED IN OVER HIS SHOULDER? THE WITNESS: OH, YEAH, THAT IS THE ONLY ONE I SAW, PAID ATTENTION TO.
MS. CLARK: THANK YOU.
******
MR. DOUGLAS: THE COURT THINKS THAT IT IS RELEVANT THAT SHE SHOULD SHOW THE TRASH CANS?
MS. CLARK: IT IS RELEVANT.
THE COURT: ARE YOU GOING TO TIE IT UP SOMEHOW?
MS. CLARK: UH-HUH.
THE COURT: HOW?
MS. CLARK: THERE IS A WITNESS WHO HAS COME FORWARD WHOSE REPORT WILL BE TURNED OVER TO COUNSEL WHO SAW THE DEFENDANT -- OF COURSE PARK HAS ALSO ALREADY TESTIFIED TO THE FACT THAT HE PLACED ONE OF THE BAGS -- ONE OF THE DUFFLE BAGS ON TOP OF THE TRASH CAN. 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.
THE COURT: THESE ARE JUST INNOCUOUS -- I'M NOT EVEN GOING TO SUGGEST ANYTHING. JUST ASK HIM IS THAT HOW IT LOOKED ON JUNE THE 12TH AND THAT IS IT.
THE COURT: ALL RIGHT.
REDIRECT EXAMINATION BY MS. CLARK:
Q ALL RIGHT. MR. WILLIAMS, I JUST WANT TO SHOW YOU THESE PICTURES AND ASK YOU IF YOU CAN TELL US WHETHER THESE PICTURES ACCURATELY DEPICT YOUR -- THE PODIUM YOU WORKED AT AT AMERICAN AIRLINES AND THE LOCATION OF THE TRASH CAN IN RELATIONSHIP TO THAT PODIUM ON THE DATE OF JUNE THE 12TH, 1994. OKAY?
A: OKAY.
MS. CLARK: FOR THE RECORD, I AM SHOWING HIM THE PHOTOGRAPHS I HAVE JUST NOW MARKED AS 150 THROUGH 155. NOW, YOU HAVE JUST SEEN 150 THROUGH 153; IS THAT CORRECT, SIR?
A: YES.
Q: OKAY. IS THAT THE WAY YOUR WORK AREA LOOKED AT AMERICAN AIRLINES ON THE DATE OF JUNE THE 12TH, 1994?
A: I GUESS, YEAH. IT WAS DARKER, BUT YEAH, THAT IS IT.
Q: BECAUSE IT WAS AT NIGHT?
A: UH-HUH, YES.
Q: AND YOU DESCRIBED A TRASH CAN TO YOUR LEFT AND A LITTLE BIT BEHIND YOU WHERE YOU WORKED. DID YOU SEE IT IN THAT POSITION IN THESE PHOTOGRAPHS?
A: YES.
Q: AND IS THAT THE POSITION IT WAS IN ON JUNE THE 12TH, 1994?
A: YES.
Q: SHOWING YOU NOW PEOPLE'S 154 AND 155, DOES THIS ACCURATE -- DO THESE PHOTOGRAPHS ACCURATELY DEPICT THE TRASH CAN THAT IS SHOWN IN THE PHOTOGRAPH THAT HAS BEEN -- PHOTOGRAPHS THAT HAVE BEEN MARKED PEOPLE'S 150 THROUGH 153?
A: YEAH, THAT IS THE TRASH CAN.
Q: AND THAT IS THE WAY IT LOOKED ON JUNE THE 12TH, 1994, AS WELL?
A: YEAH, THAT IS THE SAME WAY IT LOOKED.
Q: CAN YOU TELL US, SIR, IF YOU KNOW, HOW OFTEN -- STRIKE THAT. DO YOU SEE A PLASTIC INSERT IN THAT TRASH CAN?
A: YES, I DO.
Q: THAT IS DEPICTED IN ALL THOSE PHOTOGRAPHS?
A: YEAH, THE TRASH BAG.
Q: DO YOU KNOW HOW OFTEN THEY CHANGE THOSE PLASTIC INSERTS?
A: NO, I COULDN'T TELL YOU. I SEE THEM CHANGE THEM. I DON'T KNOW HAD YOU OFTEN THEY DO IT. THEY JUST CHANGE THEM.
Q: YOU JUST KNOW THAT THEY DO?
A: UH-HUH.
MS. CLARK: OKAY. I HAVE NOTHING FURTHER.
THE COURT: MR. DOUGLAS, ANY ISSUES ON THIS?
MR. DOUGLAS: BRIEFLY, YOUR HONOR.
RECROSS-EXAMINATION BY MR. DOUGLAS:
Q MR. WILLIAMS, THERE IS A LOST AND FOUND SECTION AT THE AIRPORT; IS THERE NOT?
A: YES, THERE IS.
Q: SO IF LUGGAGE IS LEFT BEHIND OR LOST THERE IS A LOCATION WHERE IT CAN ALL BE TAKEN, TRUE?
A: YES.
Q: AND MR. WILLIAMS, YOU DON'T RECALL EVER SEEING MR. SIMPSON ANYWHERE NEAR THAT TRASH ON JUNE THE 12TH, DO YOU, SIR?
A: YES, HE WAS STANDING NEAR THE TRASH CAN.
Q: OKAY. DID YOU SEE HIM DO ANYTHING WITH THE TRASH CAN?
A: NO, I DIDN'T SEE HIM DO ANYTHING WITH THE TRASH CAN.
FURTHER REDIRECT EXAMINATION BY MS. CLARK:
Q WHEN MR. SIMPSON WAS STANDING NEAR THE TRASH CAN, SIR, DID YOU HAPPEN TO SEE WHETHER HE HAD ANY ITEM OF -- ANY ITEM OF LUGGAGE OR THAT BLACK DUFFEL BAG ON TOP OF THE TRASH CAN?
A: NO, I DIDN'T PAY THAT MUCH ATTENTION TO SEE IF -- WHERE THE BAG WAS. IT WAS ON HIS ARM.
Q: OKAY. WAS YOUR -- WAS YOUR BACK TO MR. SIMPSON WHEN HE WAS STANDING NEAR THE TRASH CAN?
A: WHEN HE FIRST CAME UP, YES. I DIDN'T EVEN NOTICE IT WAS MR. SIMPSON UNTIL I TURNED AND ASKED THE LIMO DRIVER IF HE -- YOU KNOW, HE NEEDED -- YOU KNOW, IF HE WANTED TO CHECK THE BAGGAGE.
Q: AND WHEN YOU CHECKED THE -- WHEN YOU TOOK THE BAGGAGE FROM THE LUGGAGE CARRIER TO PUT IT ONTO YOUR LUGGAGE CARRIER, TO YOUR CONVEYOR BELT, WOULD YOU BE TURNING TOWARD THE TRASH CAN OR AWAY FROM IT TO DO THAT?
A: I WOULD HAVE TO TURN TOWARD IT.
Q: OKAY. AND -- YOU HAVE THE PICTURES. CAN YOU SHOW US IN THE PHOTOGRAPH, SIR, WHERE IS THE CONVEYOR BELT THAT YOU WOULD BE PUTTING THE LUGGAGE ON?
A: UMM --
THE COURT: WHICH PHOTOGRAPH ARE YOU USING?
MS. CLARK: I'M SORRY, I'M SHOWING THE WITNESS PEOPLE'S 150. THE WITNESS:
I WOULD HAVE TO GO IN THE DOOR AND OVER HERE TOWARDS THIS WAY THERE IS A ESCALATOR, AND BEHIND THE ESCALATOR THERE IS A BIG BELT AND SOME DOORWAYS THAT GO OUT TO THE RAMP, AND I JUST TOOK THE BAGS DOWN THERE.
Q BY MS. CLARK:
WOULD YOU CARRY THEM BY HAND OR WOULD YOU PUT THEM ON SOME KIND OF A CART?
A: USUALLY I PUT THEM ON A CART, BUT IN THAT SITUATION I JUST CARRIED THEM IN BY HAND.
Q: DID YOU IN THIS CASE CARRY THEM IN BY HAND?
A: YEAH. THEY WEREN'T THAT HEAVY.
Q: OKAY. DID YOU CARRY THEM IN BY HAND BEFORE OR AFTER MR. SIMPSON LEFT YOUR PODIUM?
A: IT PROBABLY WOULD HAVE TO BE -- IT WAS BEFORE -- AFTER, AFTER. HE LEFT. HE WAS WALKING AWAY AND I JUST GRABBED THE BAGS.
Q: AND WALKED THEM INSIDE?
A: YEAH.
MS. CLARK: OKAY.
Q BY MS. CLARK: DO YOU KNOW IF THOSE TRASH CANS ARE EMPTIED EVERY NIGHT, SIR?
A: YES, THEY ARE. THEY ARE EMPTIED SOMETIME BECAUSE -- YEAH, THEY ARE EMPTIED EVERY NIGHT BECAUSE THERE IS -- WHEN THE TRASH TRUCK COMES AROUND IT KICKS OUT SO MANY FUMES IT IS PATHETIC. IT KILLS US EVERY NIGHT.
MS. CLARK: I HAVE NOTHING FURTHER.
FURTHER RECROSS-EXAMINATION BY MR. DOUGLAS:
Q SO THAT I AM CORRECT, MR. WILLIAMS, MR. SIMPSON LEFT THE TRASH CAN AREA BEFORE YOU WENT AROUND THE CORNER TO PUT THE BAGS AWAY?
A: YES.
MR. DOUGLAS: NOTHING FURTHER.
THE COURT: ALL RIGHT. MISS CLARK, DO YOU WANT TO HAND THE PHOTOGRAPHS TO THE JURORS AND ALLOW THEM TO PASS THEM THROUGH SO THEY CAN LOOK AT THAT?
MR. COCHRAN: WHAT IS THAT, YOUR HONOR?
THE COURT: I'M ASKING MRS. CLARK IF SHE WANTS TO HAND THESE PHOTOGRAPHS TO THE JURORS.
MR. COCHRAN: NO, I DON'T THINK SHE DOES.
MS. CLARK: IN VIEW OF TESTIMONY, YEAH.
MR. COCHRAN: MAY WE APPROACH?
THE COURT: SURE.
(THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)
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.
THE COURT: GET YOUR HANDS OFF HIM, MR. DARDEN.
MR. COCHRAN: THE REASON I APPROACHED, MISS CLARK TOLD ME THAT THEY WERE GOING TO INVESTIGATE SOMETHING REGARDING POTENTIAL WITNESSES AND SHE WOULDN'T TRY TO SHOW THIS TO THE JURY BECAUSE IT MAY NEVER COME TO PASS. SO YOUR HONOR GRATUITOUSLY OFFERED TO DO THAT, BUT SHE SAID THAT WAS THEIR REPRESENTATION.
THE COURT: BUT THEY -- WAIT. HE ALREADY TESTIFIED THAT THIS IS WHERE HIS PODIUM IS. THE LIMO GUY SAID, YEAH, HE WENT OVER AND PUT THIS THING ON TOP OF THE TRASH CAN.
MS. CLARK: BUT NOW THIS WITNESS CORROBORATES THE OTHER WITNESSES AND WE HAVE HIM STANDING BY THE TRASH CAN.
MR. COCHRAN: HE SAYS HE NEVER SAW HIM DOING THAT. WHAT DIFFERENCE DOES THAT MAKE?
MS. CLARK: DIFFERENT VIEW.
MR. DARDEN: YOU DON'T HAVE TO --
MR. COCHRAN: GRABBING AT STRAWS. MY OBJECTION IS THIS:
GRABBING AT STRAWS. DO YOU HAVE SOMETHING IN THE TRASH CAN?
THE COURT: 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.
THE COURT: ALL RIGHT.
MR. COCHRAN: I WAS PRESENT -- I HELPED BUILD THE AIRPORT, SO I KNOW ABOUT THAT AIRPORT.
THE COURT: THEN I HAVE MANY BONES TO PICK WITH YOU.
MR. DARDEN: YOU HAVEN'T DONE AN HONEST DAY'S WORK IN YOUR LIFE.
MR. COCHRAN: FOR 13 YEARS I WAS A COMMISSIONER. BUT THE POINT IS THERE ARE PICTURES OF TRASH CANS. LET THEM ALL IN THERE OR LET THEM LOOK AT THEM. THAT IS MY POINT.
MS. CLARK: YOU'VE LOOKED AT THEM.
MR. COCHRAN: THE DEAL WHEN WE LEFT, SHE WASN'T GOING TO DO IT, SO THAT IS WHY I'M UP HERE. I DON'T CARE ABOUT THESE PICTURES.
MS. CLARK: THANKS TO MR. DOUGLAS WE HAVE TWO WITNESSES NOW PUTTING THE DEFENDANT NEXT TO THE TRASH CAN, YOU KNOW, ONE OF WHOM HAD NO CLUE WHERE THAT QUESTION WAS COMING FROM. AND I REALLY THINK, YOU KNOW, I'M NOT ASKING YOU TO DRAW ANY INFERENCES AT THIS POINT, BUT IT IS AN ACCURATE REPRESENTATION OF WHERE THEY STOOD. IT DOES CORROBORATE THE WITNESS AND IT CORROBORATES ALLAN PARK.
THE COURT: THE PROBLEM IS IF YOU TOLD MR. COCHRAN YOU WEREN'T GOING TO SHOW THEM TO THE JURY, THEN AT THIS POINT WE WON'T.
MR. COCHRAN: THAT IS -- SHE DID TELL ME THAT.
MS. CLARK: I DID. I TOLD HIM BECAUSE I DIDN'T THINK THIS WITNESS WOULD SAY HE WAS NEAR THE TRASH CAN, BUT THEN HE DID.
THE COURT: HOLD ON, HOLD ON. SO GIVEN THAT THERE IS AN AGREEMENT --
MR. COCHRAN: THERE WAS AN AGREEMENT. ALSO, IF YOU CAME UP TO THIS THING, YOU WOULD BE STANDING NEAR THE TRASH CAN BASED UPON THOSE PICTURES.
MS. CLARK: SURE.
THE COURT: SURE.
MS. CLARK: WHY ARE WE ARGUING ABOUT IT? WHAT IS THE BIG DEAL? WHY ARE YOU SO SCARED?
THE COURT: SINCE THERE WAS AN AGREEMENT, WE WON'T DO IT RIGHT NOW.
MR. COCHRAN: WE CAN ARGUE ABOUT IT LATER.
*****
Q BY MR. DOUGLAS:
MR. WILLIAMS, JUST SO THAT WE ARE CLEAR, THE TRASH BAGS THAT GO INTO THE TRASH CAN THAT ARE SHOWN IN THOSE EXHIBITS ARE CLEAR TRASH BAGS, ARE THEY NOT?
A: YES.
******