- The People v O.J. Simpson (BBC2) reaches a thrilling climax next week
Television's
most gripping court drama in a long time is the one where everyone
knows the ending. The People v O.J. Simpson (BBC2) reaches a climax next
week, after recreating every detail of the most notorious trial in
legal annals.
What
has kept viewers mesmerised are not the usual questions in a murder
case — did he do it, will he get off? Far more intriguing is the chance
to reassess the case through the prism of history, and to wonder at how
different the world was 20 years ago.
This
was an era when a detective could be openly racist, getting away with a
mere reprimand for scrawling 'KKK' (the initials of the Ku Klux Klan)
on a portrait of civil rights leader Martin Luther King; when DNA seemed
like scientific mumbo-jumbo; and when the fax machine was
state-of-the-art technology.
Television's most gripping court drama
in a long time is the one where everyone knows the ending. The People v
O.J. Simpson (BBC2) reaches a climax next week, after recreating every
detail of the most notorious trial in legal annals
At
the same time, it was the beginning of an age where celebrity matters
more than justice, and fame is worth more than any amount of money or
talent or truth — the start, in fact, of the Kardashian age, with a
Kardashian on hand to witness it.
So
what have we learned about Orenthal James Simpson, the former American
football hero who in 1995 stood trial for stabbing to death his ex-wife,
Nicole Brown Simpson, at her home, along with a restaurant waiter who
barely knew her called Ron Goldman? There have been some major
surprises.
THE GLOVE DID FIT
The
one thing most people remember from the O.J. trial is defence lawyer
Johnnie Cochran's rhyming mantra to the jury: 'If the glove doesn't fit,
you must acquit.'
The
glove was one allegedly found by Los Angeles detectives behind
Simpson's house, smeared with the blood of the murder victims. It had
been bought for O.J. by Nicole.
But
Cochran's team contended the glove did not belong to the former
sportsman, and that he could not have worn it to commit the killings
because it wouldn't fit over his big hands.
In
a moment of courtroom high drama, O.J. demonstrated to the jury that he
couldn't push his fingers the full length of the glove. All that is
common knowledge.
But
what the TV series revealed is that chief prosecutor Marcia Clark never
wanted the glove to be admitted as evidence. It was her assistant
Christopher Darden who pushed for the jury to be told about this dubious
piece of evidence, believing a credit card receipt would conclusively
prove the glove was indeed O.J.'s.
Darden's
gamble misfired spectacularly when Simpson made a pantomime of trying
and failing to pull the glove over his hand. The dramatised recreation
shows what the jury couldn't see — he was clenching his fingers to
exaggerate the effect.
Darden
was distraught afterwards, certain that O.J. had cheated, and
frustrated that he couldn't prove it. His anger that the trial was
becoming a farce, and that it was partly his own fault, made him prone
to unprofessional outbursts that left the prosecution looking hapless
and almost led Judge Lance Ito (Kenneth Choi) to hold him in contempt of
court.
THE RACE FACTOR
Few
observers outside America fully understood how inflammatory the trial
was, threatening to plunge Los Angeles into something close to civil
war. Many in the city feared a repeat of the riots of 1992, following
the 1991 beating of black lorry driver Rodney King by a gang of police
officers, which had been headline news around the world.
The
defence's Johnnie Cochran, a charismatic performer with the flair of a
gospel minister, was a lifelong campaigner against racism, and saw the
Simpson trial as a way to highlight police prejudice and harassment of
his fellow black Americans.
But
even in the U.S., the depth of detective Mark Fuhrman's bigotry came as
a shock. Judge Ito refused to allow the jury to hear or read the full
300-page transcript of taped interviews that Fuhrman had given to an
aspiring screenwriter: only two lines were read in court, as proof that
Furhman lied when he said that he had not habitually used the N-word and
other racial slurs.
Fuhrman
was their star witness, a long-serving detective who had been one of
the first on the murder scene. Chief prosecutor Marcia Clark had hoped
that the jury would see him as an honest, loyal lawman, whose first duty
was to justice.
What
was withheld from the jury — but is revealed by the TV show — was that
Fuhrman regarded black people as vermin, and bragged about how they were
beaten to death in police cells. He regretted that officers were no
longer permitted to use a choke-hold because too many black suspects had
been strangled.
Nonetheless, what was revealed to jurors proved devastating for the prosecution's star witness.
O.J. SEX AND VIOLENCE
'The
Juice', as America's most famous black athlete was nicknamed (because
his initials were also slang for orange juice), had subjected his wife
Nicole to numerous beatings, both during their marriage and after the
break-up. Nicole's family and friends encouraged her not to report the
assaults, because so many of them had become used to the cash handouts
that Simpson dispensed.
But
the attacks were frequent and brutal. He slapped, punched and kicked
Nicole, and dragged her by the hair screaming, 'I will kill you.'
'The Juice', as America's most famous
black athlete was nicknamed (because his initials were also slang for
orange juice), had subjected his wife Nicole (pictured together) to
numerous beatings, both during their marriage and after the break-up
Shortly
before the murder, she dialled 911, the American emergency number, and
pleaded that her ex-husband was battering down her door, 'going nuts'.
When the call handler asked if incidents had happened before, she
replied: 'Many times.'
Nicole
was no angel either. In the drama, we see her former friend Faye
Resnick hawking a memoir that described Simpson's ex-wife as a sexually
promiscuous cocaine addict who specialised in 'the Brentwood hello'.
Named after the wealthy L.A. suburb where she lived, this somewhat
over-friendly greeting involved giving oral sex to a sleeping man.
ONLY IN AMERICA
Much
of the drama centres on the media circus around the live trial — the
chat shows, the current affairs pundits, the packs of reporters at the
courthouse, the in-depth newspaper analysis of every disputed detail.
That would never be permitted in Britain, where the media is legally forbidden to do anything more than report proceedings.
To
prevent the jurors from being influenced by what they saw, heard or
read, televisions were banned in their hotel rooms, as were newspapers,
magazines and radios. Police guards prevented them from talking to
anyone but each other, and they were allowed to see their families just
once a week.
Under such conditions, most people would start climbing the walls, and one juror did suffer a breakdown in the breakfast room.
To
make matters more difficult, both the prosecution and the defence were
trying to manipulate the jury, by appealing to the judge to dismiss
members they saw as unsympathetic to their side.
Defence
lawyer Johnnie Cochran wanted a jury of black men, who might relate to
O.J. and admire him; prosecutor Marcia Clark sought white women, who
might find the defendant threatening.
But
to British eyes, the most extraordinary thing was the way Cochran was
able to redecorate his client's house and dress it like a movie set
before the jury visited the scene of the crime.
There
were no police guarding the evidence, and the court didn't appear to
check that the scene had not been tampered with — so out went O.J.'s
bachelor-pad furniture, and in came photos and artworks that presented
him as a cultured family man who took pride in his African-American
heritage.
It was a blatant lie, and it went unchallenged.
LAWYER WITH A DOUBLE LIFE
The
defence almost unravelled when Press reports revealed that Johnnie
Cochran had families with two different women at the same time during
the Seventies, keeping his life with his secretary Patty secret from his
wife Barbara. Both women took the name Cochran. Johnnie had two
children with Barbara, and another with Patty.
It
was scandalous, it obliterated the perception of Cochran as a
hero-figure, fighting the good fight in court — which could have been
disastrous for verdict. This revelation went almost unnoticed in the UK.
WHY THE DNA WAS DOUBTED
The
chief evidence in the investigation included blood-stained clothing and
witness statements. In any trial today, these things would be secondary
compared with the DNA evidence, which pointed with certainty to Simpson
as the killer: one expert on the witness stand declared the chances of
the former sports star being innocent were 100 million to one. But this
was 1995, in the early days of DNA testing, and the jury was completely
unfamiliar with the concept. Over days of cross-examination, the defence
portrayed it as hopelessly complicated, a dark scientific art.
So,
this crucial evidence became one more reason for jurors to acquit
Simpson: they didn't understand the prosecution case against him.
To make it worse, the vials containing O.J.'s blood could easily have been contaminated.
The
trainee who collected the samples carried the test-tube around in her
coat pocket for almost an entire day before submitting it as evidence — a
blunder that the jurors could see, without any scientific training, was
bad practice.
Shortly before her murder, Nicole
dialled 911, the American emergency number, and pleaded that her
ex-husband was battering down her door, 'going nuts'. When the call
handler asked if incidents had happened before, she replied: 'Many
times'
The trainee who collected the samples
carried the test-tube around in her coat pocket for almost an entire day
before submitting it as evidence — a blunder that the jurors could see,
without any scientific training, was bad practice
THE PHONEY DRUGS WAR
O.J.'s original chief defence lawyer Robert Shapiro (played by John Travolta) had been demoted when Cochran was brought in.
Shapiro
had been openly sceptical about Simpson's innocence from the start. He
wanted to strike the best deal for his client in exchange for an
admission of guilt.
But
with the arrival of Cochran and another big-name lawyer, New Yorker
Alan Dershowitz, the game changed: Dershowitz in particular was known
for winning apparently impossible cases.
Every
possible alternative version of events was explored. The team asked
whether Ron Goldman could have been murdered in a jealous rage by a
former gay lover, despite the fact that he was not gay.
At
one stage, while Dershowitz was in New York with a class of students
and the trial was under way in Los Angeles, he sent a fax to Cochran,
raising the idea that Nicole had been murdered as part of a drugs cartel
war.
What has kept viewers mesmerised to
The People v OJ Simpson (pictured) is not the usual questions in a
murder case — did he do it, will he get off? Far more intriguing is the
chance to reassess the case through the prism of history, and to wonder
at how different the world was 20 years ago
The
only evidence? Nicole's throat was so savagely cut that her head had
almost been severed, an injury often inflicted in drug-related killings
and known to gangsters as the Colombian necktie.
But
despite the flimsiness of this argument, it was successfully used to
confuse the issues before the jury — who would ultimately find Simpson
not guilty.
Today,
Simpson — who has since released a book, If I Did It, in which he
'hypothetically' explains how he would have carried out the murders — is
serving a 33-year sentence for his involvement in an armed robbery at a
Las Vegas hotel in which he tried to retrieve football memorabilia.
It's safe to say that few informed observers are confident his murder trial reached the right conclusion.
Culled form Daily Mail online
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