O.J. Judge Holds Prosecutor In Contempt But Lance Ito Drops Citation After Assistant District Attorney Reluctantly Apologizes

A furious Judge Lance A. Ito held an assistant district attorney in the O.J. Simpson case in contempt Thursday after an explosive colloquy at the bench in which prosecutors accused Simpson’s lawyers of giving testimony themselves to the jury through their questions. The judge dropped the citation after the prosecutor reluctantly apologized.

After sending the jury out of the courtroom, Ito gave the prosecutor, Christopher A. Darden, one chance to “take three deep breaths” and several chances to apologize, and Darden spurned them all, insisting on a lawyer instead. So did Marcia Clark, who briefly became her co-counsel’s personal counsel as well.

Between Ito’s expressions of anger and exasperation, Clark accused the defense lawyers of presenting prohibited hearsay evidence in court in the form of questions asked on cross-examination.

What particularly incensed her were questions about Faye Resnick, a friend of Simpson’s former wife, Nicole Brown Simpson, and author of a controversial book.

Simpson’s chief trial lawyer, Johnnie L. Cochran, had just asked Tom Lange, one of two detectives in charge of the investigation, whether the police had learned that nine days before the killings, Resnick had moved into Nicole Simpson’s home.

Clark objected to the question, and Ito summoned the lawyers to the bench. There, things turned personal, as Cochran insinuated that the prosecutors did not know how to try a case. When Darden objected, Ito tried calming him down. Darden persisted, however.

“Is he the only lawyer that knows how to try a case?” Darden asked.

“I’m going to hold you in contempt,” Ito warned.

“I should be held in contempt,” Darden continued. “I have sat here and listened to …”

“Mr. Darden, I’m warning you right now.”

“This cross-examination is out of order,” said Darden, who then was held in contempt.

The jury was sent out of the room, and the lawyers returned to their respective corners.

The prosecution is “greatly concerned about what the jury is getting,” Clark said. “I myself have been overwhelmed by the fact that the jury has been given hearsay, has been given - and the record will stand by what I said - slop in the form of counsel testifying before every witness.”

But the judge showed no interest in Clark’s remarks. He was affording them, he said, an opportunity to say: “Gee, I’m sorry, I lost my head here. I apologize to the court. I apologize to counsel.”

After the recess, Darden, who did take “about 10 deep breaths, perhaps,” complied. “It appears that the court is correct that perhaps my comments may have been or are somewhat inappropriate,” he said. “I apologize to the court. I meant no disrespect.”