O. J. Simpson Trial(英)
2009-03-24 法律英语 来源:互联网 作者: ℃The prosecution next produced a set of witnesses——including limousine driver Allan Park, Kato Kaelin, and officers of the LAPD——to establish a timeline of events that left Simpson with ample opportunity to commit murder. Limo driver Allan Park proved to be one of the prosecution's most effective witnesses. Park testified that he arrived at the Simpson home on Rockingham at 10:25 to pick O. J. up for his scheduled flight to Chicago. He said he rang the doorbell repeatedly, but received no answer. Shortly before 11:00, according to Park, a shadowy figure——black, tall, about 200 pounds, and wearing dark clothes—— walked up the driveway and entered the house. A few minutes later, Simpson emerged, telling Park he had overslept. Park testified that as he entered the limo, he carried a small black bag (which the prosecution hoped the jury would conclude contained the murder weapon). Park testified that Simpson would not let him touch the bag. The bag has never been seen since. A skycap at the Los Angeles Airport testified that he saw Simpson near a rubbish bin.
Simpson house guest Kato Kaelin, one of the trials more colorful characters, testified that he and Simpson returned from a run for Big Macs and french fries at 9:36. After that, Kaelin couldn't account for Simpson's whereabouts. He told of hearing thumps on his wall just before 11:00, about the same time that Park witnessed the shadowy figure enter the house. The prosecution also produced telephone records that show Simpson used his automobile cell phon
e to call his girlfriend, Paula Barbieri, at 10:03. The defense did not attempt to explain why Simpson would make a call on his car cell phone at a time he claimed to be in his backyard practicing his golf stroke.
Finally, the prosecution began to put forward witnesses directly tying Simpson to the two murders. The evidence was technical and circumstantial, relating mostly of the results of blood, hair, fiber, and footprint analysis from the Bundy crime scene and Simpson's Rockingham home. The most compelling testimony——if one assumed the accuracy of the testing——concerned two RFLP tests. The first indicated that blood found at the crime scene could have come from only 1 out of 170 million sources of blood——and that O. J. Simpson fit the profile. The second came from blood found on two black socks at the foot of O. J.'s bedroom. According to prosecution testimony, only 1 out of 6.8 billion sources of blood matched the sample. Nicole Brown Simpson might well be the only person on earth whose blood matched the blood found on the socks. On cross-examination of the prosecution's DNA experts, the defense had little choice but to begin to develop the theory that either the blood samples were contaminated or they were planted by corrupt police officers.
The LAPD officer who found a bloody glove outside Kato Kaelin's bedroom turned out to be a godsend for the defense's corrupt-police theory. The officer, Mark Fuhrman, testified for the prosecution on March 9 and 10. In his book about the trial, Robert Shapiro wrote: "A suddenly charming Marcia Clark treated him like he was a poster boy for apple pie and American values." Three days later, F. Lee Bailey began a bullying cross-examination of Fuhrman in which he asked the detective, whether, in the past ten years, he had ever used "the n word." Fuhrman replied that he absolutely never had done so. It was a lie.
A second prosecution disaster followed. Prosecutor Christopher Darden, confident that the bloody gloves belonged to Simpson, decided to make a dramatic courtroom demonstration. He would ask Simpson, in full view of the jury, to try on the gloves worn by Nicole's killer. Judge Ito asked a bailiff to escort Simpson to a position near the jury box. Darden instructed Simpson, "Pull them on, pull them on." Simpson seemed to struggle with the gloves, then said, "They don't fit. See? They don't fit." Later, it would turn out that there were good reasons why they didn't fit——the gloves may have shrunk because of the blood, photos would turn up showing Simpson wearing ill-fitting gloves——but the damage had been done. Later, Cochran would offer the memorable refrain, "If it doesn't fit, you must acquit."
A field trip that included the judge, the jury, lawyers for both sides, the defendant, and a bevy of trailing media types illustrates how the defense early on in the trial saw the race issue as playing to its advantage on a jury that included nine African- Americans. The trip to the Bundy Avenue crime scene and Simpson's Rockingham home was intended to provide the jury with a better basis for understanding testimony concerning locations of bodies, gloves, and socks. The defense saw it as an opportunity to put a favorable spin on Simpson's life. Before the jury arrived at Simpson's home, down came a picture of Paula Barbieri, O. J.'s girlfriend. In its place, up went a Norman Rockwell print from Johnnie Cochran's office that depicted a black girl being escorted to school by federal marshals. Pictures of Simpson standing with white golfing buddies were replaced with pictures of his mother and other black people. A Bible was installed conspicuously on an end table in the living room. The tour seemed to go wonderfully well for the defense. As the group toured his home, Simpson pointed to a backyard play area and said, "That's where I practiced my golf swing."
The Dream Team Takes Center Stage
The strategy of Simpson's defense team, cal
led the "Dream Team" in the media, was to undermine the prosecution's evidence concerning motive, suggest Simpson was physically incapable of committing the crime, raise doubts about the prosecution's timeline, and finally to suggest that the key physical evidence against Simpson was either contaminated or planted, or both.
On July 10, 1995, Simpson's daughter Arnelle took the stand as the first defense witness. She would be followed by Simpson's sister and his mother, Eunice Simpson. By the time Simpson's mother finished her testimony, it was apparent to some courtroom observers that jury members were showing more empathy for the Simpson family than for the families of the victims.
As successful as it turned out to be, the defense effort was not without its own miscalculations. After Simpson's doctor, Robert Huizenga, testified that O. J.——despite looking like Tarzan——was in about as good of a condition as "Tarzan's grandfather" and suffered from arthritis and other problems, the prosecution produced a video taken shortly before the murders. The video showed Simpson leading demanding physical exercises. Especially embarrassing for the defense was a quip on the tape from Simpson as he performed an exercise that consisted in part of punching his arms back and forth. Simpson suggested people might try this workout "with the wife."
The most talked-about aspect of the defense case undoubtedly concerned Mark Fuhrman, the LAPD officer who had found the bloody glove and who, as a prosecution witness, denied using the word "nigger." It turned out that Fuhrman had used "the n word"——many times——and it was on tape. Laura Hart McKinny, an aspiring screenwriter from North Carolina, had hired Fuhrman to consult with her on police issues for a script she was writing. McKinny taped her interviews with Fuhrman, who not only used the offensive racial slur, but disclosed that he had sometimes planted evidence to help secure convictions. Needless to say, the defense wanted McKinny on the stand, and they wanted the jury to hear selected portions of her tapes. The prosecution strenuously objected, arguing that McKinny's testimony was irrelevant absent some plausible evidence suggesting that evidence was planted in the Simpson case. The prejudicial value of the testimony, the prosecution insisted, would exceed its probative value. Judge Ito, somewhat reluctantly, allowed the defense evidence. Ito's decision opened the door for the defense to offer its rather fantastic theory that Fuhrman took a glove from the Bundy crime scene, rubbed it in Nicole's blood, then took it to Rockingham to drop outside Kaelin's bedroom so as to frame Simpson.
It may not, however, have been Fuhrman, but rather a soft-spoken Chinese-American forensic expert named Henry Lee that won Simpson his acquittal. Lee had solid credentials, smiled at the jury, and provided what seemed to be a plausible justification for questioning the prosecution's key physical evidence. Lee raised doubts with blood splatter demonstrations, his suggestion that shoe print evidence suggested more than one assailant, and his simple conclusion about the prosecution's DNA tests: "Something's wrong." He may have, as Christopher Darden speculated after the trial, have been the person who gave the jury "permission" to do what they wanted to do anyway: acquit Simpson. Jury forewoman, Amanda Cooley, called Lee "a very impressive gentleman." Another juror agreed, describing Lee as "the most credible witness," a person who "had a lot of impact on a lot of people."
The Jury Acquits
By the time closing arguments began in the Simpson case, the trial had already broken the record set by the Charles Manson case as the longest jury trial in California his
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