(The following proceedings were held at the bench:)
THE COURT: We are over at the side bar. Is this a disputed fact, Miss Clark?
MS. CLARK: I'm not -- I'm not sure when Faye Resnick lived with her, if they ever lived there on any kind of permanent basis.
It was an in and out thing, and it doesn't matter whether it is a disputed fact or not. Counsel has to go about establishing that fact in the normal course of business by the rules of evidence.
If counsel wants to testify, let him take the witness stand and I will be delighted to cross-examine, but this method of dragging all kind of hearsay in and all kind of rumors in by saying did you become aware and did you hear this, that is what the rules of evidence are for, your honor, to preclude this kind of thing.
We have all kinds of slop in the record now that has been thrown in front of this jury through counsel's method of cross-examination by saying have you heard this, do you know about that?
There is rules of evidence that allow him to question an investigating officer in this manner. Asking for hearsay is asking for things that have no foundation.
THE COURT: Miss Clark, my question is very simple:
Is that a disputed fact? That was a yes or no question. Do you dispute that Faye Resnick resided in June of '94 at that residence?
MS. CLARK: What do you mean by "resided"? Did she spend the night here and there? Maybe. Was she there for a period of ten days? Maybe. I don't know.
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..
THE COURT: 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?
THE COURT: Wait, Mr. Darden.
MR. DARDEN: Is he the only lawyer that knows how to try the case?
THE COURT: I'm going to hold you in contempt.
MR. DARDEN: I should be held in contempt. I have sat here and listened to --
THE COURT: Mr. Darden, I'm warning you right now.
MR. DARDEN: This cross-examination is out of order.