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Title: Court Sets Ominous Precedent: Informing Jurors of Their Rights Is Now ILLEGAL
Source: From The Trenches
URL Source: http://fromthetrenchesworldreport.c ... rors-rights-now-illegal/200165
Published: Jun 2, 2017
Author: Justin Gardner
Post Date: 2017-06-03 10:38:54 by Deckard
Keywords: None
Views: 119098
Comments: 422

Big Rapids, MI — As constitutional rights are steadily eroded in the U.S. through the burgeoning police/surveillance state, one case in Michigan provides an example of just how dire the situation has gotten. Keith Woods, a resident of Mecosta County, was charged and recently convicted for the “crime” of standing on a public sidewalk and handing out fliers about juror rights.

Woods was exercising his First Amendment rights and raising awareness about something the courts deliberately fail to tell jurors when beginning a trial – jury nullification, or the right to vote one’s conscience. For this, Woods – a father of eight and former pastor – was charged with jury tampering, after an initial felony charge of obstructing justice was dropped following public outcry.

Even with the reduced charge, the case has very troubling implications for free speech rights. The county prosecutor, seemingly furious that a citizen would dare inform the public on jury nullification, said Woods’ pamphlet “is designed to benefit a criminal defendant.”

The prosecutor then seemed to contradict himself in a statement, saying, “Once again the pamphlet by itself, fine, people have views on what the law should be, that’s fine. It’s the manner by which this pamphlet was handed out.”

Woods, who testified in his own defense, stated under oath that he did not ask anyone walking into the courthouse if they were a juror, remained on the public sidewalk and never blocked any area. He decided to hand out the pamphlets at a Nov. 24, 2015 trial of an Amish man accused of draining a wetland on his property in violation of Dept. of Environment Quality rules.

Woods’ pamphlet did not contain anything specific to the case or any Michigan court, according to defense attorney David Kallman. But this innocuous behavior, which should be viewed as a public service, drew the attention of a judge who became “very concerned” when he saw the pamphlets being carried by some of the jury pool.

“I THOUGHT THIS WAS GOING TO TRASH MY JURY TRIAL, BASICALLY,” TESTIFIED JUDGE [PETER] JAKLEVIC. “IT JUST DIDN’T SOUND RIGHT.”

JACKLEVIC ENDED UP SENDING THAT JURY POOL HOME ON NOV. 24, 2015 WHEN YODER TOOK A PLEA.

JAKLEVIC CONTINUED TO TESTIFY THAT HE STEPPED INTO THE HALLWAY WITH MECOSTA COUNTY PROSECUTOR BRIAN THIEDE WHEN DET. ERLANDSON AND A DEPUTY BROUGHT WOOD INTO THE COURTHOUSE THAT DAY. MECOSTA COUNTY DEPUTY JEFF ROBERTS TESTIFIED HE “ASKED WOOD TO COME INSIDE BECAUSE THE JUDGE WANTED TO TALK WITH HIM,” THEN THREATENED TO CALL A CITY COP IF WOOD DID NOT COME INSIDE.

WOOD TESTIFIED JUDGE JAKLEVIC NEVER SPOKE TO HIM THAT DAY, OR HIM ANY QUESTIONS, BEFORE ORDERING HIS ARREST. HE TELLS FOX 17 HE HAD CONCERNS HIS CASE WAS TRIED IN MECOSTA COUNTY WHERE ALL OF THIS HAPPENED, INVOLVING SEVERAL COURT OFFICIALS INCLUDING THE JUDGE.”

To recap, this judge said “it just didn’t sound right” that people were carrying information pamphlets on their rights as jurors, and he possibly lied on the stand to justify the fact that he had Woods arrested for doing nothing wrong. What’s more, Woods was brought to trial in the same court where all of this transpired and county officials had literally teamed up to violate his rights in the first place.

So our taxpayer dollars are paying their salary, and they were the actors in this case to arrest me, to imprison me, and all that,” said Woods. “I did have a very great concern that they were the ones trying the case, because they work together day in and day out.

Defense attorney Kallman notes that during Woods’ trial, they were prohibited from arguing several points to the jury.

And of course, the First Amendment issues are critical: that we believe our client had the absolute First Amendment right to hand out these brochures right here on this sidewalk,” said Kallman. “That’s part of the problem of where we feel we were handcuffed quite a bit.

When asked how he felt about his First Amendment rights, Woods replied, Oh, I don’t feel like I have them.

We had briefs about the First Amendment, free speech. It was very clear today, I know the jury doesn’t hear that, but it was very clear that the government did not meet their burden to restrict my free speech on that public sidewalk that day. It was very clear.

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#168. To: goldilucky (#157)

Yep, and what happened to that evidence?

It was ignored by the jury as unreliable.

nolu chan  posted on  2017-06-09   2:40:47 ET  Reply   Trace   Private Reply  


#169. To: goldilucky (#159)

No, it is for the court to enforce the already existing law in the books;

Dang, your law school taught that the courts are a law enforcement group.

No, they didn't teach me this. They taught me that the job of the judge is to conduct our courts in an impartial manner and to enforce existing law already in our books

So your law school taught you that

[145] "It is for the court to enforce the already existing law in the books

but

[159], No, they didn't teach me this. They taught me that the job of the judge is to conduct our courts in an impartial manner and to enforce existing law already in our books.

If the court enforces existing law, what do the law enforcement agencies do? That would be the gun toting members of the Executive Branch.

nolu chan  posted on  2017-06-09   2:52:29 ET  Reply   Trace   Private Reply  


#170. To: nolu chan (#169)

If the court enforces existing law, what do the law enforcement agencies do?

The same damn thing.

goldilucky  posted on  2017-06-09   8:56:38 ET  Reply   Trace   Private Reply  


#171. To: nolu chan (#168)

I'm disappointed to hear that. Either that or it was never presented to the jury at all.

goldilucky  posted on  2017-06-09   8:59:54 ET  Reply   Trace   Private Reply  


#172. To: nolu chan (#167)

At the time of the OJ trial, California law stated that anyone who fabricated evidence in a death penalty case could be sentenced to death themselves. Mark Fuhrman, as a detective, certainly knew this.

Mark Fuhrman was at the crime scene and saw the mountain of evidence -- bloody shoeprints, the glove, a watch cap, and a trail of blood drops. Then a matching bloody glove and more blood drops at OJ's house.

Now you're saying Mark Fuhrman didn't think that was enough evidence, so he later planted microscopic traces of EDTA-contaminated blood in the Bronco -- knowing that he could be sentenced to death if he were caught. You say this despite the fact that you have no proof other than the fact that he pled the 5th.

misterwhite  posted on  2017-06-09   9:55:51 ET  Reply   Trace   Private Reply  


#173. To: Vicomte13 (#150)

Justice is not served by destroying the third life of an innocent man. I think OJ was guilty.

You can't have it both ways. Though you do try.

misterwhite  posted on  2017-06-09   9:58:40 ET  Reply   Trace   Private Reply  


#174. To: misterwhite (#173) (Edited)

You can't have it both ways. Though you do try.

In truth, you can't have it your way.

You have this massive fetish for the "Rule of Law", but you do not seem to comprehend that what rule IS is determined by judges and lawyers and politicians, not you.

Vicomte13  posted on  2017-06-09   10:02:20 ET  Reply   Trace   Private Reply  


#175. To: Vicomte13 (#174)

"but you do not seem to comprehend what that rule IS is determined by judges and lawyers and politics, not you."

The law is written by the people through their elected representatives. The law is then interpreted and applied by the judicial system. That is called the Rule of Law.

When exceptions to the law are carved out for certain individuals or certain circumstances, we no longer have the Rule of Law. We have the Rule of Man.

misterwhite  posted on  2017-06-09   10:07:26 ET  Reply   Trace   Private Reply  


#176. To: misterwhite (#175)

The law is written by the people through their elected representatives. The law is then interpreted and applied by the judicial system. That is called the Rule of Law.

When exceptions to the law are carved out for certain individuals or certain circumstances, we no longer have the Rule of Law. We have the Rule of Man.

That's nice.

Vicomte13  posted on  2017-06-09   10:16:24 ET  Reply   Trace   Private Reply  


#177. To: goldilucky (#170)

If the court enforces existing law, what do the law enforcement agencies do?

The same damn thing.

What do the courts enforce the law with, a charm offensive?

The Federal Judicial Branch has, as its law enforcement branch, the United States Marshal's Service (USMS). They track down fugitives, transport prisoners, protect officers of the court, and babysit the Witness Protection Program, and serve federal warrants. Covering the entire UInited States, the Marshal's Service is but a small fraction the size of the NYPD, with about one tenth the manpower, and about a quarter of the budget.

https://en.wikipedia.org/wiki/United_States_Marshals_Service

The United States Marshals Service (USMS) is a federal law enforcement agency within the U.S. Department of Justice (see 28 U.S.C. § 561). It is the oldest American federal law enforcement agency, which was created by the Judiciary Act of 1789 during the presidency of George Washington. The Marshals Service is attached to the Judicial branch of government, and is the enforcement arm of the federal courts. It is the primary agency for fugitive operations, responsible for prisoner transport, the protection of officers of the court, and for the effective operation of the judiciary. The Marshals Service operates the Witness Protection Program, and serves federal level arrest warrants.

https://www.usmarshals.gov/duties/factsheets/facts.pdf

Facts and Figures

2017 Personnel

  • 94 U.S. marshals, one for each federal court district
  • 3,709 deputy U.S. marshals and criminal investigators
  • 1,435 administrative employees and detention enforcement officers
  • 5,238 total employees
  • 94 districts, 218 sub-offices, three foreign field offices

Budget FY 2016 enacted:
$1.23 billion (salaries and expenses)

For comparison with a real law enforcement group, try the NYPD.

https://en.wikipedia.org/wiki/New_York_City_Police_Department

The NYPD's current authorized uniformed strength is 34,450. There are also approximately 4,500 Auxiliary Police Officers, 5,000 School Safety Agents, 2,300 Traffic Enforcement Agents, and 370 Traffic Enforcement Supervisors currently employed by the department.

[...]

Employees: 49,526 (2013)
Annual budget: $4.8 billion

nolu chan  posted on  2017-06-10   23:36:46 ET  Reply   Trace   Private Reply  


#178. To: goldilucky (#171)

[nc 141] LAPD criminalist Colin Yamauchi essentially conceded he had all the evidence for testing out at once, subjecting everything to cross-contamination.

[goldilucky #157] Yep, and what happened to that evidence?

[nc #168] It was ignored by the jury as unreliable.

[goldilucky] I'm disappointed to hear that. Either that or it was never presented to the jury at all.

As most people who watched the trial, the evidence was presented live before the jury and the entire world.

Government officials employees and employees enjoy a presumption regularity in the performance of their duties. However, this is a rebuttable presumption. Once Barry Sheck demonstrated for the whole world to see, that the LAPD Crime Lab was a cesspool of contamination, the presumption of regularity was lost.

The fact that the defense proved that the blood evidence came and went in a ghostly fashion also contributed to establish complete disbelief in the credibility of the LAPD witnesses.

[misterwhite #120] But I would say OJ's blood at the crime scene, victim's blood in the Bronco....

The Bronco blood evidence is an example of evidence that appeared in a ghostly fashion, as was brought out by Barry Scheck in cross-examination of LAPD criminalist Dennis Fung.

[6812]

MR. SCHECK: And there was a blood spot that you saw on July 3rd that was labeled 116?

MR. FUNG: Yes.

MR. SCHECK: And you did not see that on the photograph, the blown-up photograph that was taken on June 13th?

MR. GOLDBERG: This is beyond the scope, your Honor.

THE COURT: Overruled.

MR. FUNG: I did not see it.

MR. SCHECK: All right. And you cannot tell us from your own personal knowledge how 116 got there on July 3rd?

MR. FUNG: Not from my personal knowledge, no.

Fung found that spot on July 3rd. When confronted by a photograph of the Bronco taken on June 13th, Fung encountered difficulty explaining why the blood spot was not seen in the photograph taken weeks earlier.

nolu chan  posted on  2017-06-10   23:38:09 ET  Reply   Trace   Private Reply  


#179. To: misterwhite (#172)

At the time of the OJ trial, California law stated that anyone who fabricated evidence in a death penalty case could be sentenced to death themselves. Mark Fuhrman, as a detective, certainly knew this.

The same applied to perjury. Fuhrman was proved to be a perjurer in front of the jury.

Mark Fuhrman was at the crime scene and saw the mountain of evidence -- bloody shoeprints, the glove, a watch cap, and a trail of blood drops. Then a matching bloody glove and more blood drops at OJ's house.

And you know all this how? You heard a proven liar claim it?

Now you're saying Mark Fuhrman didn't think that was enough evidence, so he later planted microscopic traces of EDTA-contaminated blood in the Bronco -- knowing that he could be sentenced to death if he were caught. You say this despite the fact that you have no proof other than the fact that he pled the 5th.

There you go again. Please link to where I claimed Mark Fuhrman planted blood on the Bronco, or anywhere else? Why do you think Fuhrman may have planted blood on a blood-soaked glove? When did Fuhrman do this? What blood do you believe Fuhrman used to plant blood on the blood-soaked glove?

As your inventive observation of "microscopic traces of EDTA," recalling the testimony of now discredited FBI Agent Roger Martz, Barry Scheck observed, "The EDTA was the linchpin, the best proof we had of tampering with evidence." He added, "There was enough EDTA, in parts per million, to kill a person."

As for discrediting FBI Agent Martz, see USDOJ/OIG FBI Labs Report, Executive Summary, by Michael R. Bromwich, Inspector General, April 1997.

Under Finding and Recommendations Concerning Individuals,

CTU Chief Roger Martz should not hold a supervisory position in the Laboratory, and the FBI should assess whether he should continue to serve as a Laboratory examiner.

Under E. Testimony by Agent Martz in the O.J. Simpson Case (Part Three, Section F)

That testimony ill served the FBI because it conveyed a lack of preparation, an inadequate level of training in toxicological issues, and deficient knowledge about other scientific matters that should be within the expertise of a chief of a unit handling chemical and toxicological analyses in the Laboratory.

Under Under VI. Findings and Recommendations Concerning Individuals (Part Five)

4) Late in our investigation, Whitehurst wrote a letter to the OIG expressing concerns about testimony given by CTU Chief Roger Martz in Florida v. George Trepal, a case that resulted in the conviction and death sentence of Trepal for having added the poison thallium nitrate to bottles of Coca-Cola. We found that Martz could have properly opined that certain samples were consistent with thallium nitrate having been added to them. Martz, however, did not limit his conclusions that way, but instead offered an opinion stronger than his analytical results would support. He also failed to conduct certain tests that were appropriate under the circumstances, failed to document adequately his work, and testified inaccurately on various points. Martz's work in this case was seriously deficient.

Under VI. Findings and Recommendations Concerning Individuals (Part Five)

CTU Chief Roger Martz lacks the judgment and credibility to perform in a supervisory role within the Laboratory. If Martz continues to work as an examiner, we suggest that he be supervised by a scientist qualified to review his work substantively and that he be counseled on the appropriate manner for testifying about forensic work. We further recommended that another qualified examiner review any analytical work by Martz that is to be used as a basis for future testimony.

In short, the EDTA testimony of Dr. Rieders was not refuted. The testimony of Dr. Rieders so destroyed the credibility of Agent Martz that it embarrassed the FBI. The whole of the atrociously bad FBI lab was under attack, and Agent Martz had made a public spectacle of it on a world stage. The FBI circled the wagons as best they could to defend their lab, but there was only so much they could do for Martz.

The Defense discovered that Detective Mark Fuhrman was interviewed for a screen play and that these interviews were taped. The tapes reveal that Fuhrman made numerous racial slurs and that he may have engaged in police misconduct. This bolsters the Defense's claim that Fuhrman is a racist and that he may have planted evidence. Whether these would be played before the jury became a hotly contested issue.

Judge Ito: All right. We are in chambers with counsel for both sides. What is up? Miss Clark?

Ms. Clark: Yeah. It would appear, based on my review of stuff that I have seen so far, and Johnnie has corroborated that he agrees he has been shown that, back in `85, on the `85 tapes I think it is, and also `87, Mark Fuhrman discusses Lieutenant York.

Judge Ito: Uh-huh.

Ms. Clark: And their run-ins at West L.A. and he makes derogatory comments. Of course I have to tell you, Judge, this is a book about men against women, that is the whole thing, so he tees off on women through the whole thing. I mean--

Mr. Cochran: Just a minute. That is basically true, but he doesn't like blacks or Mexicans or Jews.

Ms. Clark: Or whites either, or Jews.

Mr. Cochran: He hates women. He hates everybody basically except white Anglo-Saxon men who are police officers.

Ms. Clark: Yeah, and even them not necessarily.

Mr. Cochran: Unless they are cowards.

Mr. Scheck: Or pukes.

Mr. Cochran: Or pukes.

Ms. Clark: So I mean--

Judge Ito: We call them squints in the D.A.'s office, but that is okay.

Mr. Cochran: Judge, this will be--

Ms. Clark: Is this going to be sealed, Judge?

Judge Ito: No. I have to tell you no.

Mr. Cochran: Careful.

Ms. Clark: Motion to strike all of the above.

-- August 14, 1995

nolu chan  posted on  2017-06-10   23:39:19 ET  Reply   Trace   Private Reply  


#180. To: nolu chan (#179)

"Fuhrman was proved to be a perjurer in front of the jury."

On an unrelated matter where he was asked to recall 10 years of conversations. Who's on trial here?

"Barry Scheck observed, "The EDTA was the linchpin ...There was enough EDTA, in parts per million, to kill a person."

Not in any of the blood found at the crime scene. I have no idea what he's referring to.

misterwhite  posted on  2017-06-11   9:14:52 ET  Reply   Trace   Private Reply  


#181. To: Vicomte13 (#174)

but you do not seem to comprehend that what rule IS is determined by judges and lawyers and politicians, not you.

The law is determined by the words of the laws passed.

Sometimes the judges are honest. Other times they exercise tyranny through color of law.

A K A Stone  posted on  2017-06-11   9:25:12 ET  Reply   Trace   Private Reply  


#182. To: nolu chan (#179)

"There you go again. Please link to where I claimed Mark Fuhrman planted blood on the Bronco, or anywhere else? Why do you think Fuhrman may have planted blood on a blood-soaked glove?"

Happy to. What else could you possibly have meant when you posted:

"Items had been searched and not blood was found or reported. Mark Fuhrman arrived to save the day and he remarkably found all you could want."

misterwhite  posted on  2017-06-11   9:31:47 ET  Reply   Trace   Private Reply  


#183. To: misterwhite (#180)

[misterwhite #180] On an unrelated matter where he was asked to recall 10 years of conversations. Who's on trial here?

Mark Fuhrman's credibility was on trial. The credibility of every witness is always on trial.

- - - - - - - - - -

- - - - - - - - - -

- - - - - - - - - -

"Barry Scheck observed, "The EDTA was the linchpin ...There was enough EDTA, in parts per million, to kill a person."

[misterwhite #180] Not in any of the blood found at the crime scene. I have no idea what he's referring to.

It is abundantly obvious that Scheck is referring explicitly to the blood found at the crime scene which was proven by the scientific evidence to have been laced with EDTA. Get the full context below.

The prosecution scientific evidence on EDTA came from the now discredited FBI agent Roger Martz. The Martz testimony was destroyed at trial. His testimony was an embarrassment to the FBI.

http://www.nydailynews.com/archives/news/fbi-lab-taint-aid-simpson-case-article-1.763389

FBI LAB TAINT MAY AID SIMPSON'S CASE

BY Juan Gonzalez
NEW YORK DAILY NEWS
Monday, February 3, 1997, 12:00 AM

SANTA MONICA Last week, as the jury in O.

J. Simpson's civil trial began deliberations, a decision with a curious connection to the case was being made 2,700 miles away in Washington. Four senior employes at the FBI's world-renowned forensic laboratory were suspended after a Justice Department investigation revealed that evidence in numerous major criminal cases had been badly mishandled. Among the four was Roger Martz, chief of the FBI's chemistry unit, who is accused, according to published reports, of slipshod work in two of the highest-profile criminal cases of our time the World Trade Center and Oklahoma City bombings. In southern California it would be especially difficult not to notice that Roger Martz' name was all over those stories about the FBI shakeup, even though few mentioned his critical connection to Simpson's criminal trial.

[...]

But before that, the area that the jury had seemed to be examining the most in its deliberations defense allegations that blood evidence was planted is precisely the area in which Martz played a crucial role in the criminal trial. It was Martz, if you recall, who was asked by prosecutors to "refute the possibility" that blood found on the socks in Simpson's house and on the back gate outside Nicole Brown Simpson's Bundy Drive condo contained EDTA, a preservative. Signs of EDTA would prove that someone had planted that blood after the murders. Martz, indeed, said he found chemical traces of what looked like EDTA, and he was questioned at the first trial by defense attorney Robert Blasier: Blasier: "When you found what you did find, whether it is EDTA or something that just looked like EDTA, did you advise the prosecution of what you found?

"Martz: "I had prepared a report, yes.

"Blasier: "Did they ever ask you to find what that might be, other than EDTA?

"Martz: "No, I mean, it was not necessary because I had clearly answered the question, the fact that it did not come from preservative.

"Martz said he had tested some of his own blood and found similar residues, and argued that EDTA, as a food preservative, can be found in all blood. But under relentless questioning from Blasier, Martz admitted he had not read the FBI's own procedures for validating the presence of EDTA and that he had erased from the FBI computer the raw data on which he based his findings. "The EDTA was the linchpin, the best proof we had of tampering with evidence," said Barry Scheck, recalling Martz' testimony. "There was enough EDTA, in parts per million, to kill a person.

"After Martz took the stand, another FBI lab chemist, Frederick Whitehurst, the main whistleblower in the current crime laboratory scandal, offered to testify that his colleague Martz had violated normal procedures in Simpson's and other cases. But Judge Lance Ito refused to allow Whitehurst to appear. So questionable had Martz' methods become among his colleagues that during the investigation of the second World Trade Center bombing conspiracy, Whitehurst and another FBI agent, Steven Burmeister, mixed common manure and urine and submitted it as evidence taken from a suspect's home. Martz later identified the phony mixture as an explosive. No wonder, then, that Baker, Simpson's lead civil trial attorney, spent considerable time in his closing argument blasting Martz. He knew the head of the FBI's chemistry unit was in trouble. This is what Baker told the jurors: "So Rogert Martz . . . does a test. And he finds EDTA on both samples. . . . This is obviously absolutely devastating to the prosecution. It refutes what the prosecution says. "So what does the FBI do? Roger Martz said, 'I tested my own blood, it came out with essentially the same reading.

'But, contrary to FBI procedures, he erases his computer run so nobody can come back and look, and at the same time that he that he says that, the time he says that, no one knows that EDTA is undetectable in the human blood. Those tests haven't been devised yet.

"Where was Roger Martz? Baker asked the jurors. Why wasn't he testifying? A FEW DAYS later, in the front-page accounts of the FBI laboratory scandal, we found out exactly where Martz was somewhere in limbo after being suspended. The first evidence the civil jury reviewed were exhibits concerning the blood that the once-unassailable FBI lab had insisted was not planted.

USDOJ/OIG FBI Labs Report, Executive Summary, by Michael R. Bromwich, Inspector General, April 1997.

Under Finding and Recommendations Concerning Individuals,

CTU Chief Roger Martz should not hold a supervisory position in the Laboratory, and the FBI should assess whether he should continue to serve as a Laboratory examiner.

Under E. Testimony by Agent Martz in the O.J. Simpson Case (Part Three, Section F)

That testimony ill served the FBI because it conveyed a lack of preparation, an inadequate level of training in toxicological issues, and deficient knowledge about other scientific matters that should be within the expertise of a chief of a unit handling chemical and toxicological analyses in the Laboratory.

Under Under VI. Findings and Recommendations Concerning Individuals (Part Five)

4) Late in our investigation, Whitehurst wrote a letter to the OIG expressing concerns about testimony given by CTU Chief Roger Martz in Florida v. George Trepal, a case that resulted in the conviction and death sentence of Trepal for having added the poison thallium nitrate to bottles of Coca-Cola. We found that Martz could have properly opined that certain samples were consistent with thallium nitrate having been added to them. Martz, however, did not limit his conclusions that way, but instead offered an opinion stronger than his analytical results would support. He also failed to conduct certain tests that were appropriate under the circumstances, failed to document adequately his work, and testified inaccurately on various points. Martz's work in this case was seriously deficient.

Under VI. Findings and Recommendations Concerning Individuals (Part Five)

CTU Chief Roger Martz lacks the judgment and credibility to perform in a supervisory role within the Laboratory. If Martz continues to work as an examiner, we suggest that he be supervised by a scientist qualified to review his work substantively and that he be counseled on the appropriate manner for testifying about forensic work. We further recommended that another qualified examiner review any analytical work by Martz that is to be used as a basis for future testimony.

nolu chan  posted on  2017-06-11   19:15:32 ET  Reply   Trace   Private Reply  


#184. To: misterwhite (#182)

"There you go again. Please link to where I claimed Mark Fuhrman planted blood on the Bronco, or anywhere else? Why do you think Fuhrman may have planted blood on a blood-soaked glove?"

Happy to. What else could you possibly have meant when you posted:

"Items had been searched and not blood was found or reported. Mark Fuhrman arrived to save the day and he remarkably found all you could want."

You have a remarkable sense of humor and demonstrate a certain talent for ripping a comment out of context. Of course, my comment explicitly referred to "victims blood in the Bronco."

[misterwhite #120]

Well, when you post "101 Reasons" you know there are going to be some lame ones.

But I would say OJ's blood at the crime scene, victim's blood in the Bronco, the gloves with victim's blood, OJ's shoe print at the murder scene, the fact that OJ can't produce the shoes or gloves, hair and fibers matching.

[nc #144]

(b) victim's blood in the Bronco,

You mean the blood that was not there, and then significantly later, it was.

[misterwhite #155] It wasn't there or it wasn't seen? How did it get there later?

[nc #167] Items had been searched and not (sic - no) blood was found or reported.

[nc #178, re a Bronco stain]

MR. SCHECK: 166-a. Show you this photograph, 166-a.

MR. SCHECK: Mr. Fung, where is drop 116 that you saw on July 3rd?

MR. GOLDBERG: Your Honor, I'll object. He's already gone into this.

THE COURT: Overruled.

MR. FUNG: It does not appear in the picture. However, it may be on the curved area behind it. It just doesn't appear in the picture though.

MR. SCHECK: Uh-huh. And it may be that it got there sometime between June 13th and July 3rd.

THE COURT: Sustained.

MR. SCHECK: You can't tell us from your own personal knowledge?

MR. GOLDBERG: Your Honor, makes--motion to strike.

THE COURT: Sustained.

MR. SCHECK: No further questions.

[nc #178, re the rear gate blood spot]

MR. SCHECK: And there was a blood spot that you saw on July 3rd that was labeled 116?

MR. FUNG: Yes.

MR. SCHECK: And you did not see that on the photograph, the blown-up photograph that was taken on June 13th?

MR. GOLDBERG: This is beyond the scope, your Honor.

THE COURT: Overruled.

MR. FUNG: I did not see it.

MR. SCHECK: All right. And you cannot tell us from your own personal knowledge how 116 got there on July 3rd?

MR. FUNG: Not from my personal knowledge, no.

Fuhrman was not alleged to have planted blood on the gloves, by me or the OJ defense. The gloves were soaked in an abundance of blood.

Fuhrman is photographed at Bundy, at night, pointing to the blood-soaked Bundy glove. That is before his trip to Rockingham, his jumping over the fence, and his lonesome self "finding" the matching blood-soaked glove at OJ's place. Or, alternatively, putting one of the blood-soaked gloves in a bag at Bundy and transporting it to Rockingham, and jumping the fence with it, and "finding" it.

To believe the testimony, when Fuhrman jumped the fence to gain warrantless entry to the OJ residence, OJ was not a suspect. They just had an urgent need to notify OJ of what had happened to his ex-wife. OJ was on a flight to Chicago, so he did not answer the intercom. Had Fuhrman jumped the fence considering OJ a suspect, or to conduct a search, it would have been an illegal warrantless search. Thus, the fairy tale. Cause to search the house could be provided by some sort of evidence, say a blood-soaked glove, or a blood stain observed on the Bronco.

Hilariously, there was testimony that the cops feared the killer might still be in the house. Then they were busted on the witness stand for fibbing about how they gained entry to the house. They claimed they gained entry through the rear entrance.

[13334]

MR. COCHRAN: So you returned home and was anyone at home when you returned home after 12:30 on now June 13, 1994?
MS. SIMPSON: Yes.

[13335]

MR. COCHRAN: And who was home?
MS. SIMPSON: Kato.
MR. COCHRAN: All right. Anybody else that you are aware was there?
MS. SIMPSON: No.
THE COURT: I think we know who she is talking about, but since we have two Katos here--
MS. SIMPSON: I'm sorry, Kato Kaelin.
MR. COCHRAN: Kato the human being?
MS. SIMPSON: Yes.
MR. COCHRAN: Kato Kaelin. All right. When you returned home, where did you go at that point, if you recall?
MS. SIMPSON: To my room.
MR. COCHRAN: All right. That is Arnelle's room; is that correct?
MS. SIMPSON: Yes.
MR. COCHRAN: All right. Then do you know about--did you at some point go to sleep?
MS. SIMPSON: Yes.
MR. COCHRAN: Do you know what time approximately you went to bed, went to sleep?
MS. SIMPSON: It had to have been around one o'clock. Between 1:00 and 1:30.
MR. COCHRAN: When you returned home did you notice anything unusual at all about the residence?
MS. SIMPSON: No.
MR. COCHRAN: Now, if you went to bed and went to sleep about 1:00, 1:30 or thereabouts, did there come a time that you were awakened on the morning hours of June 13, 1994?

[13336]

MS. SIMPSON: Yes.
MR. COCHRAN: Describe for the Court and jury the circumstances that you were awakened, ma'am, if you recall.
MS. SIMPSON: Umm, I was awakened around between 5:00 and 5:30 by two gentlemen knocking at my door.
MR. COCHRAN: And these gentlemen knocking at your door, what did they say, if you recall?
MS. SIMPSON: They just--they were knocking on my door and they said that they had been outside ringing the bell and that they needed to speak with somebody who lived at the house.
MR. COCHRAN: All right. I presume, having been in bed, you were attired in your pajamas or whatever?
MS. SIMPSON: Yes.
MR. COCHRAN: All right. Did you get up at that point?
MS. SIMPSON: Yes.
MR. COCHRAN: And then tell us what happened at that point.
MS. SIMPSON: Umm, they had told me that they needed to get in touch with my father and if I knew where he was.
MR. COCHRAN: All right. What did you say in response to that?
MS. SIMPSON: I said that, umm, he wasn't home but I didn't know where he was but I knew how to get in touch with him.
MR. COCHRAN: All right. Then what happened after that?
MS. SIMPSON: Umm, we left out of my room and I went to--to go to get my phone book to get in touch with somebody who would know where my dad was.
MR. COCHRAN: When you say you went to get your phone book, I presume you didn't have your phone book with you at that point?
MS. SIMPSON: No, it wasn't.

[13337]

MR. COCHRAN: With the Court's permission, did you go to some location to get your phone book?
MS. SIMPSON: Yes.
MR. COCHRAN: You were talking to two men, were you?
MS. SIMPSON: Yes.
MR. COCHRAN: These two people, were they Los Angeles Police Department detectives?
MS. SIMPSON: Yes.
MR. COCHRAN: Do you know their names now?
MS. SIMPSON: I believe Phillips and Lange.
MR. COCHRAN: All right. Can you describe the person you think is Lange for us?
MS. SIMPSON: Lange would be the salt and pepper, he has more hair on him, and I think Phillips is the one with the mustache and the bald head.
MR. COCHRAN: You may have them reversed. There was one with a bald head?
MS. SIMPSON: Yes.
MR. COCHRAN: Let's call him Lange.
MS. SIMPSON: Yes.
MR. COCHRAN: Phillips, describe him again.
MS. SIMPSON: Salt and pepper hair, older, bigger build.
MR. COCHRAN: Let's for the time being call him Phillips?
MS. SIMPSON: I switched.
MR. COCHRAN: Did you have occasion then--would you step down and I want you to show the jury and the Court the route that you took as you sought to get this number so you could try to find your father. You could step all the way down if you want.

[13338]

MS. SIMPSON: (Witness complies.) You want me to do what?
MR. COCHRAN: The question is can you look at this diagram and draw with the pointer the route that you took as you went to get your book to get the number to call--locate your dad?
MS. SIMPSON: Okay. Out of here, (Indicating), this way.
MR. COCHRAN: All right. Your Honor, she is leaving, your Honor, the area marked "Arnelle's room" and she walks west to an area with some stairs. She goes up the stairs and proceeds past the pool.
MR. COCHRAN: Is that right?
MS. SIMPSON: Uh-huh.
MR. COCHRAN: She went around the north side of the house to an area marked "Driveway" again on People's 66.
MR. COCHRAN: And you went to an area marked "Entrance." Now, is that the entrance to the Rockingham residence?
MS. SIMPSON: Yes.
MR. COCHRAN: And what did you do when you got to that entrance, ma'am?
MS. SIMPSON: I went over here to the kitchen, through the kitchen to the phone here and then walked through here, (Indicating), to get to my car.
MR. COCHRAN: All right. Let's back up for a moment. When you went to--got to the front door of the residence there, did you have to do anything before you got inside that residence?
MS. SIMPSON: I had to turn the alarm off.
MR. COCHRAN: There was an alarm on?
MS. SIMPSON: Yes.
MR. COCHRAN: And you turned the alarm off; is that correct?
MS. SIMPSON: Yes.
MR. COCHRAN: When you walked that route that you just described for the Court and the jury, was

[13339]

anyone accompanying you at that point?
MS. SIMPSON: Yes.
MR. COCHRAN: Who was?
MS. SIMPSON: The two detectives.
MR. COCHRAN: The two people we described earlier?
MS. SIMPSON: Yes.
MR. COCHRAN: Lange and Phillips?
MS. SIMPSON: Yes.
MR. COCHRAN: You walked around and took the alarm off before you went inside?
MS. SIMPSON: Yes.
MR. COCHRAN: Let me ask you specifically did you ever at any time walk from your residence here marked "Arnelle's room" and go through some door here at the back of the house?
MS. SIMPSON: No.
MR. COCHRAN: When the alarm is on is that possible?
MS. SIMPSON: No.
MR. COCHRAN: Can't go in that way; is that right?
MS. SIMPSON: No.
MR. COCHRAN: The alarm key pad is where?
MS. SIMPSON: In the front of the house.
MR. COCHRAN: So you went around to the front of the house and turned off that alarm and then these two detectives came in behind you; is that correct?
MS. SIMPSON: Yes.

As was pointed out at trial, the blood-soaked glove had been "found" shortly after the warrantless entry by jumping the fence purely for the purposes of notifying OJ Simpson of what had happened to his ex-wife. After "discovering" the matching blood-soaked glove at Rockingham, surely, this was no longer just purely a matter of notification. Surely they must have considered that a vicious, evil, blood-soaked killer could be in the house, dangerous, lurking, ready to pounce. So they woke up Arnelle Simpson at the guest area, she went to the main house and opened the front entrance, turned off the alarm, and they let the young lady lead them about the house.

Lange and Vanatter were known as Dumb & Dumber. Add Phillips, and it filled out the cast for the sequel, Dumb & Dumberer. As Mark Fuhrman observed, he was the only one with a brain who knew how to testify.

Fuhrman was at Kato Kaelin's room. Over by the patio area, by the pool, was Vanatter.

nolu chan  posted on  2017-06-11   19:22:39 ET  Reply   Trace   Private Reply  


#185. To: misterwhite (#149)

[nc #143]

5. Witness Jill Shively says she saw OJ driving his speeding Bronco from the Bundy murder scene around the time of the slayings.

That is some real proof there. Jill Shively sold her story to Hard Copy. She was discredited by the prosecution, never called to testify, and never said anything in court. Her story sold to Hard Copy was never evidence before the jury.

[misterwhite #149]

"She was discredited by the prosecution"

Only because she sold her story.

"Because the road was illuminated well, Shively said it was easy to see Simpson at the wheel and that she recognized him from his role in a Naked Gun film. She said that Simpson "glared" at her before she took down his license plate, only getting one letter wrong."

"Because she places the sighting at 10:50 p.m., she's right on target for the suggested murder timeline. But even though detectives questioned her, Shively's decision to take money from Hard Copy undermined her ability to share her eyewitness account in court."

ALL DISCREDITED BULLSHIT, AND ALL WRONG.

- - - - - - - - - -

nolu chan  posted on  2017-06-11   19:23:40 ET  Reply   Trace   Private Reply  


#186. To: misterwhite (#120)

[misterwhite #120] the fact that OJ can't produce the shoes or gloves

Both videos show that the gloves did not fit O.J. Simpson, showing the disastrous glove demonstration from the trial.

The second video further brings up an interesting possibility. There was evidence that Nicole Simpson bought two pairs of Aris Isotoner Light XL gloves at Bloomingdales in NYC. There was no evidence showing that they were given to O.J. This video interestingly offers an argument that the gloves belonged to Ron Goldman. They were certainly not needed to keep hands warm, they were light and could function well as driving gloves. Ron Goldman drove Nicole's Ferrari.

- - - - - - - - - -

O.J. and the Gloves : The Truth About What Really Happened

- - - - - - - - - -

An interesting theory. The bloody gloves were a gift from Nicole to Ron Goldman.

IS O.J. INNOCENT? THE MISSING EVIDENCE

The argument is that the gloves did not fit O.J. because they were not his gloves, they were Ron Goldman's. Compares Goldman's defensive hand wounds on his hands and the knife punctures on the gloves.

"Please remember, if the gloves were worn by the killer they wouldn't have had any defensive wounds on them. The killer wasn't blocking any knives."

It is an interesting theory, significantly more interesting than the theory that if people only say enough times that the gloves really did fit, everyone can just ignore the video that shows they did not fit.

nolu chan  posted on  2017-06-11   19:26:20 ET  Reply   Trace   Private Reply  


#187. To: nolu chan (#186)

"If it doesn't fit, you must acquit." - Johnny Cochrane

It was a simple and effective closing argument.

Vicomte13  posted on  2017-06-12   6:42:12 ET  Reply   Trace   Private Reply  


#188. To: nolu chan (#186)

"Ron Goldman drove Nicole's Ferrari."

Not that night. Ron Goldman drove his girlfriend's car.

But say he did drive Nicole's Ferrari. He wasn't killed in the car. So why would he still be wearing those gloves when he walked up to her condo?

Did Ron Goldman wear extra-large gloves? By the way, Nicole purchased those gloves three years before she even met Ron Goldman.

There was a picture of OJ wearing gloves. Lo and behold, they were the same model as gloves found at the murder scene and behind his house, glove expert Richard Rubin testified.

Lastly, if those were Ron Goldman's gloves, how did one of them end up behind OJ's house covered in OJ's blood and the blood of both victims?

misterwhite  posted on  2017-06-12   11:17:41 ET  Reply   Trace   Private Reply  


#189. To: nolu chan (#184)

"To believe the testimony, when Fuhrman jumped the fence to gain warrantless entry to the OJ residence, OJ was not a suspect. They just had an urgent need to notify OJ of what had happened to his ex-wife."

No. His ex-wife had been brutally murdered and the police were concerned that OJ could be next. They thought his life was in danger and went there to warn him. The police were justified in doing what they did because of exigent circumstances.

"Of course, my comment explicitly referred to "victims blood in the Bronco."

Yes. But you also said the all-inclusive, "Mark Fuhrman arrived to save the day and he remarkably found all you could want."

Now you're saying you meant, "Mark Fuhrman arrived to save the day and he remarkably found all you could want excluding the Bronco"? Nice try.

"Or, alternatively, putting one of the blood-soaked gloves in a bag at Bundy and transporting it to Rockingham, and jumping the fence with it, and "finding" it."

And your proof that happened is what? None. OJ could have been out of town all week and had an airtight alibi. Fuhrman didn't know OJ's schedule. Fuhrman didn't know OJ's glove size. And how did OJ's blood get on the glove? Plus, planting evidence in a murder case would make Fuhrman subject to the death penalty.

Come on.

misterwhite  posted on  2017-06-12   11:35:24 ET  Reply   Trace   Private Reply  


#190. To: misterwhite (#188)

[Youtube at #186] "Ron Goldman drove Nicole's Ferrari."

Not that night. Ron Goldman drove his girlfriend's car.

Nobody claimed that Goldman drove Nicole's Ferrari on an unexpected visit to Nicole's house that night. Presumably, Nicole had the Ferrari parked somewhere.

nolu chan  posted on  2017-06-13   2:58:04 ET  Reply   Trace   Private Reply  


#191. To: misterwhite (#188)

But say he did drive Nicole's Ferrari. He wasn't killed in the car. So why would he still be wearing those gloves when he walked up to her condo?

Gee, you're not very romantic, are you? Perhaps because Nicole gave him the gloves as a gift, and the waiter with the girlfriend who let him drive her Ferrari wanted to show her how much he appreciated her. Perhaps she gave him more than gloves and he was hopeful she would give him some that night.

Officer Robert Riske

A: JUST EAST OF THE MASTER BEDROOM, THERE'S LIKE A BALCONY THAT OVERLOOKS THE LIVING ROOM AND THERE'S SOME WORKOUT EQUIPMENT IN THERE.
Q: AND WAS THAT LIT?
A: I BELIEVE THE LIGHT WAS ON IN THERE, YES.
Q: AND THE BATHROOM, IN WHAT CONDITION WAS THE BATHROOM NEAR THE MASTER BEDROOM?
A: THE LIGHTS WERE OFF, BUT THERE WERE CANDLES LIT. THE TUB WAS FULL OF WATER.
Q: LIKE SOMEONE WAS GETTING READY TO TAKE A BATH?
A: YES, MA'AM.

Because everyone turns off the lights, and lights candles, when getting ready to take a bath, while waiting for Ron Goldman to arrive.

nolu chan  posted on  2017-06-13   2:59:02 ET  Reply   Trace   Private Reply  


#192. To: misterwhite (#188)

Did Ron Goldman wear extra-large gloves?

There is no evidence that he did, or did not. A lack of evidence is not evidence. There is clear evidence that the gloves did not fit O.J. Simpson. They may have fit Ron Goldman.

Do not forget that you claim the prosecution at the criminal trial produced evidence at the criminal trial that justified a verdict of guilty beyond a reasonable doubt. The complete burden of proof was on the prosecution, not O.J. Simpson. To prove your claim wrong, one need only show cause for reasonable doubt.

There is more than a reasonable doubt that the gloves did not fit O.J. Simpson.

nolu chan  posted on  2017-06-13   3:00:04 ET  Reply   Trace   Private Reply  


#193. To: misterwhite (#188)

By the way, Nicole purchased those gloves three years before she even met Ron Goldman.

[11519]

MR. DARDEN: And what was the selling price on December 18, 1990, if you know?
MS. VEMICH: They were $55.00, but during December 18th they were marked down at thirty percent off.
MR. DARDEN: Could you describe style no. 70263, the Aris Isotoner leather light glove?
MS. VEMICH: Yes. This particular glove has many characteristics that are very distinctive to this type of glove. One of the first characteristics is the leather. The leather is extremely lightweight, almost paper thin, and that was one characteristic. The second was the stitching. The stitching of this glove was called a Brossier stitch which is a very refined whip stitch.

- - - - - - - - - -

[11553]

MR. DARDEN: Miss Vemich, what was it about those gloves that made them sell?
MR. COCHRAN: Just a moment. That calls for speculation, I suppose.
THE COURT: I think she is an expert.
MS. VEMICH: These gloves were extremely lightweight. The reason they sold, from my experience in waiting on customers, is that they were almost like a second skin. Umm, you could pick up a penny or a needle practically with them and they were very--again they are very, very thin, and many people like that about these gloves and that is why they were called leather light and that is why we marked them leather lights and it was a big seller. It was a big part of my business.

The gloves used paper thin leather. They would not keep hands warm in New York or Chicago in winter. It looks like she was Christmas shopping in New York.

What difference does it make when Nicole bought two sets of those gloves? O.J. could not wear them, they did not fit. Someone who drives a Ferrari can ignore the bother of returning something to Bloomingdale's in Manhattan. Moreover, it was never established that the gloves in evidence were purchased in the known transaction from December 1990.

The receipt for the gloves bought in December 1990 show style 70268 (not 70263), no size, no color, Ms. Vemich testified she did not know if style 70268 had ever been sold in the United States, and, when asked directly, "Is there [any] way for you to tell us that the two gloves I showed you here in court were purchased during the transaction shown here in People's 372-A?," Ms. Vemich answered, "No."

[11528]

MR. DARDEN: And to the right of the "2" we see the number "$77.00"?
MS. VEMICH: Yes. That is the retail for the two pair of gloves.
MR. DARDEN: Okay. And to the right of the "$77.00" we see the no. "30"; is that correct?
MS. VEMICH: Yes. And that is thirty percent off.
MR. DARDEN: So that means in the two pairs of gloves were purchased for thirty percent off at $77.00?
MS. VEMICH: Yes.
MR. DARDEN: Can you tell us what the regular price of the gloves was?
MS. VEMICH: The regular price of gloves of this style is $55.00.

[...]

[11529]

MR. DARDEN: How many different types of Aris gloves did you sell at $55.00 during December?
MS. VEMICH: There was only one Aris glove that I sold at $55.00.
MR. DARDEN: Was style number was that?
MS. VEMICH: 70263.
MR. DARDEN: And which glove the style number is 70263?
MS. VEMICH: Aris leather light glove.
MR. DARDEN: So the gloves I showed you in court today then fit the descriptions given on this sales receipt?
MS. VEMICH: Yes.
MR. DARDEN: Now, the style number on the sales receipt indicates 70268; is that correct?
MS. VEMICH: Yes.
MR. DARDEN: Did Bloomingdales ever sell an Aris glove style no. 70268?

[11530]

MS. VEMICH: No, they did not.
MR. DARDEN: To borrow a phrase, is that a mistake?
MS. VEMICH: Yes.
MR. DARDEN: Does that mistake--strike that. The mistake is that the "8" should have been a "3"?
MS. VEMICH: Yes.
MR. COCHRAN: Your Honor, misleading.
THE COURT: Sustained. The answer is stricken. Rephrase the question.
MR. DARDEN: Thank you, your Honor.
MR. DARDEN: What is the mistake?
MS. VEMICH: The last digit should be a "3," not an "8." MR. DARDEN: Has Bloomingdales ever purchased Aris glove style no. 70268?
MS. VEMICH: No.
MR. DARDEN: Do you know whether or not Aris style no. 70268 has ever been sold in the United States?
MS. VEMICH: Not that I--I don't know. MR. DARDEN: May I have one moment, your Honor? THE COURT: Certainly. (Brief pause.) MR. DARDEN: Now, does the sales receipt indicate the size of the glove? MS. VEMICH: No, it does not. MR. DARDEN: Does it indicate the color of the glove?

[11531]

MS. VEMICH: No, it does not. MR. DARDEN: Is there way for you to tell us that the two gloves I showed you here in court were purchased during the transaction shown here in People's 372-A? MS. VEMICH: No.

nolu chan  posted on  2017-06-13   3:06:08 ET  Reply   Trace   Private Reply  


#194. To: misterwhite (#188)

There was a picture of OJ wearing gloves. Lo and behold, they were the same model as gloves found at the murder scene and behind his house, glove expert Richard Rubin testified.

Lo and behold, your claim is imaginary. There was no such testimony by Richard Rubin at the criminal trial. His actual testimony was given on 15 and 16 June 1995. Nice try, though.

Also, Lo and behold, in case you forgot, Johnnie Cochran put on the evidence gloves during the examination of Richard Rubin. Before the defense goaded Christopher Darden into the evidence blunder of the century, Cochran had tested them for how they fit his size hand. At the time, with a glove on, Johnnie Cochran observed, "it seems too small for me." All he had to do was compare his own hand size to O.J.'s hand size, and he could know in advance how Darden's disaster would turn out.

nolu chan  posted on  2017-06-13   3:09:35 ET  Reply   Trace   Private Reply  


#195. To: misterwhite (#188)

Lastly, if those were Ron Goldman's gloves, how did one of them end up behind OJ's house covered in OJ's blood and the blood of both victims?

For purposes of your question, it matters not who wore the gloves that did not fit O.J. Simpson. It could have been O.J., Ron Goldman, or any other person.

Only one person had his picture taken at Bundy pointing at that glove before the notification party proceeded over to Rockingham. That would be Det. Mark Fuhrman. Somebody transported the blood-soaked glove from Bundy to Rockingham. Suspect number one is Mark Fuhrman. The wet glove had very little debris, indicating that it was placed rather than dropped.

Also, there was a persistent and horrible problem with the timeline that the prosecution was never able to resolve.

If O.J. damn near cut off Nicole's head, and tussled with and killed Ron Goldman, he would have been covered with blood. If he just jumped in the Bronco at Bundy, to return to Rockingham, the Bronco would have been laden with blood. And when did he have the time to shower and get rid of the blood, and leave no evidence of blood in the plumbing?

nolu chan  posted on  2017-06-13   3:10:51 ET  Reply   Trace   Private Reply  


#196. To: misterwhite (#189)

His ex-wife had been brutally murdered and the police were concerned that OJ could be next. They thought his life was in danger and went there to warn him. The police were justified in doing what they did because of exigent circumstances.

This nonsense fails when it is understood that they woke up Arnelle Simpson, she opened the front door, she proceeded to the alarm and shut it off, and she led them about the house. The police did not lead, they did not go in with weapons drawn — they followed the little lady. The police did not proceed at all as if they suspected a killer might have been present in the house.

Besides, the police explicitly stated they made entry to notify O.J. Simpson.

[526]

MR. FAIRTLOUGH: P-43.
MS. CLARK: THIS IS INSIDE THE HOUSE. THIS IS RIGHT INSIDE THE FRONT DOOR IN THE FOYER AREA. THERE WERE A SERIES OF THREE BLOOD DROPS HERE CLOSE UP.
MR. FAIRTLOUGH: P-44.
MS. CLARK: YOU CAN SEE THEM HERE. I'M CIRCLING THEM. HAVING SEEN ALL OF THIS, THE DETECTIVE THEN REALIZED THAT THIS WAS NOT JUST AN OCCASION TO MAKE NOTIFICATION, THAT IN FACT THEY HAD UNCOVERED EVIDENCE THAT INDICATED THAT THE DEFENDANT HAD COMMITTED THESE MURDERS. THEY SECURED THE HOME AND PREPARED TO CONDUCT A SEARCH.

They were lacking probable cause evidence to search. Fuhrman jumped the fence and "found" the bloody glove, effectively declaring "Let the games begin!"

Your creative fiction about exigent circumstances and thinking O.J. was in danger flies in the face of what they said and what they did.

nolu chan  posted on  2017-06-13   3:12:08 ET  Reply   Trace   Private Reply  


#197. To: misterwhite (#189)

"Of course, my comment explicitly referred to "victims blood in the Bronco."

Yes. But you also said the all-inclusive, "Mark Fuhrman arrived to save the day and he remarkably found all you could want."

Now you're saying you meant, "Mark Fuhrman arrived to save the day and he remarkably found all you could want excluding the Bronco"? Nice try.

Fuhrman allegedly planted the glove. Planting of blood in the Bronco was allegedly done by persons unknown, after June 13th. Fuhrman was removed from the case before he ever went to Rockingham in the early morning of the 13th.

They did not really establish that the tiny spot Fuhrman found on the Bronco was human blood, or even blood, much less the blood of anyone in particular.

[nc] #179. To: misterwhite (#172)

Now you're saying Mark Fuhrman didn't think that was enough evidence, so he later planted microscopic traces of EDTA-contaminated blood in the Bronco -- knowing that he could be sentenced to death if he were caught. You say this despite the fact that you have no proof other than the fact that he pled the 5th.

There you go again. Please link to where I claimed Mark Fuhrman planted blood on the Bronco, or anywhere else? Why do you think Fuhrman may have planted blood on a blood-soaked glove? When did Fuhrman do this? What blood do you believe Fuhrman used to plant blood on the blood-soaked glove?

There is blood found on the Bronco, photographed on July 3rd that does not appear on a photo taken on June 13th. That is strong evidence someone planted blood on and in the Bronco after June 13th.

Why the hell would Fuhrman plant blood on the glove? It was dripping with the stuff. Whose blood do you think he planted? O.J.'s? On June 13th? Where did Fuhrman supposedly get that? O.J. had taken a flight to Chicago.

Fuhrman "found" the glove with lots of blood. There was a tiny spot on the door that looked like blood but was not verified as blood. Vanatter signed a false affidavit that human blood had been found in obtaining a search warrant for the premises. In reality, Vanatter order Fung to perform a phenophthalein test on the spot on the Bronco door. This is a presumptive test. Even when positive, it is only a presumptive test for blood. A negative test strongly indicates the absence of blood. A positive test does not prove the presence of blood, and gives no indication whatever that the blood is human blood. And the phenolphthalein test forever destroyed the spot evidence for DNA testing.

[524]

MS. CLARK: THE CASE WAS ASSIGNED TO THE ROBBERY/HOMICIDE DIVISION, DETECTIVES PHILIP VANNATTER AND TOM LANGE, THE INVESTIGATING OFFICERS ASSIGNED TO HANDLE THE CASE. THEY ARRIVED AT THE SCENE JUST AFTER 4:00 A.M. AND THEN VIEWED THE CRIME SCENE AND THE EVIDENCE AS I HAVE JUST DESCRIBED IT TO YOU. THEY FOUND THE SAME THINGS THAT OFFICER RISKI FOUND. GIVEN THE FACT THAT THERE WERE TWO YOUNG CHILDREN BEING HELD AT THE STATION PENDING SOME ADULT WHO COULD TAKE CHARGE OF THEM, THEY DETERMINED THAT THEY WOULD GO AND MAKE NOTIFICATION TO THE DEFENDANT. THEY THEN PROCEEDED TO THE DEFENDANT'S HOUSE. NOW, THEY GOT TO THE DEFENDANT'S HOUSE AT APPROXIMATELY 5:00 A.M. AT THAT TIME THEY STARTED TO RING THE ASHFORD GATE AND THEY BUZZED AND THEY BUZZED, BUT THEY GOT NO ANSWER. NOW AT THAT POINT THEY COULD SEE THERE WERE LIGHTS ON IN THE HOUSE, THERE WERE CARS IN THE DRIVEWAY, BUT NO ONE WAS ANSWERING. THEY EVENTUALLY GOT THE DEFENDANT'S HOME PHONE NUMBER, CALLED IT REPEATEDLY, BUT AGAIN THEY GOT NO ANSWER. THEN THE DETECTIVE SAW THE WHITE FORD BRONCO PARKED AT THE ROCKINGHAM GATE.

MR. FAIRTLOUGH: P-30.

MS. CLARK: THIS IS THE POSITION IN WHICH THE BRONCO WAS FOUND JUST TO THE NORTH OF THE ROCKINGHAM GATE AND THAT IS WHAT YOU ARE LOOKING AT HERE. THIS AREA HERE IS THE ROCKINGHAM GATE ENTRANCE TO THE DEFENDANT'S HOME. THIS IS THE LOCATION THAT ALLAN PARK DROVE BY EARLIER THAT NIGHT AT 10:39 AND SAW THAT THERE WAS NO BRONCO THERE AT THAT TIME.

MR. FAIRTLOUGH: P-31.

MS. CLARK: THE DETECTIVE NOTICED THAT THERE WAS A SMALL SPOT OF BLOOD NEAR THE DRIVER'S HANDLE OF THAT DOOR. THE CRIMINALIST IS POINTING TO IT HERE. THAT IS DENNIS FUNG.

MR. FAIRTLOUGH: P-32.

MS. CLARK: THAT IS A CLOSE-UP. YOU CAN SEE HOW SMALL THAT SPOT OF BLOOD IS.

- - - - - - - - - -

Marcia Clark:

[526]

CRIMINALIST DENNIS FUNG ARRIVED AT ROCKINGHAM AT ABOUT 7:00 A.M. WHERE HE BEGAN TO TEST ALL OF THE BLOOD DROPS THEY HAD FOUND. HE TESTED THE BRONCO AND THEN HE TESTED THE DROPS ON THE DRIVEWAY, DETERMINED THAT THE DROPS ON THE DRIVEWAY WERE INDEED BLOOD, THEN HE WENT TO TEST THE GLOVE AND FOUND THAT IT, TOO, CONTAINED BLOOD.

Actually, no, he had not even established that anything was blood.

- - - - - - - - - -

Defense Counsel Gerald Uelman, January 13, 1995

[332]

SOMEHOW, THE PROSECUTION SUGGESTS THE THEORY OF DETECTIVE FUHRMAN PLANTING A GLOVE, IF INDEED THAT'S GOING TO BE A THEORY PRESENTED BY THE DEFENSE IN THIS CASE, IS ANALOGOUS TO SUGGESTING THAT SOME THIRD PARTY COMMITTED THE CRIME AND THAT THE ONLY EXPLANATION FOR SUCH CONDUCT BY A POLICE OFFICER WOULD BE THAT HE WAS TRYING TO FRAME AN INNOCENT PERSON. AND THE DIFFICULTY WITH THAT ATTEMPTED ANALOGY IS THAT ONCE AGAIN, IT MAKES SOME VERY FAR-OUT ASSUMPTIONS ABOUT WHAT MIGHT MOTIVATE AN OFFICER TO ACTUALLY PHYSICALLY PLANT EVIDENCE. AND WE SUGGESTED IN OUR PAPERS THAT THERE MAY BE A NUMBER OF PLAUSIBLE MOTIVATIONS FOR A DETECTIVE SUCH AS FUHRMAN TO WANT TO DISTURB THE EVIDENCE IN THIS CASE. FIRST, THAT HE MAY HAVE BEEN ANGRY THAT HE HAD BEEN KICKED OFF THE CASE. DETECTIVE FUHRMAN WAS NOT JUST A TAGALONG POLICE OFFICER IN THESE PROCEEDINGS. HE WAS IN CHARGE OF THIS INVESTIGATION. HE WAS THE FIRST DETECTIVE, HOMICIDE DETECTIVE TO ARRIVE AT THE BUNDY SCENE AND TAKE CHARGE OF THE INVESTIGATION; AND VERY SHORTLY THEREAFTER, HE WAS TOLD HE WAS OFF THE CASE. HE WAS BEING REASSIGNED. SECONDLY, THERE MAY HAVE BEEN

[333]

MOTIVATION TO WANT TO APPEAR SOMEHOW AS THE HERO THAT SOLVED THE CASE. I MEAN, DETECTIVE FUHRMAN IS THE DETECTIVE WHO CLAIMS HE SAW THE BLOOD SPOT ON THE BRONCO, HE WENT OVER THE WALL AND THEN HE QUESTIONED KATO KAELIN AND THEN HE FOUND THE KEY PIECE OF EVIDENCE THAT BROKE THE CASE. THAT'S QUITE A ROLE FOR A DETECTIVE TO PLAY WHO HAS BEEN PULLED OFF THE CASE AND REASSIGNED. AND THIRDLY, HE MAY HAVE BEEN MOTIVATED SIMPLY BY WANTING TO PROVIDE PROBABLE CAUSE SO THAT A SEARCH WARRANT COULD BE OBTAINED TO GO INTO THE HOUSE AND LOOK FOR OTHER EVIDENCE.

- - - - - - - - - -

THE CLERK: PLEASE HAVE A SEAT ON THE WITNESS STAND AND STATE AND SPELL YOUR FIRST AND LAST NAMES FOR THE RECORD.
THE WITNESS: MY NAME IS DENNIS FUNG, D-E-N-N-I-S F-U-N-G.
THE COURT: MR. GOLDBERG.
MR. GOLDBERG: THANK YOU, YOUR HONOR.
DIRECT EXAMINATION BY MR. GOLDBERG:
Q: GOOD MORNING, MR. FUNG. WHAT IS YOUR OCCUPATION AND YOUR ASSIGNMENT?
A: I AM A CRIMINALIST EMPLOYED BY THE LOS ANGELES POLICE DEPARTMENT. I'M ASSIGNED TO THE FIREARMS ANALYSIS UNIT OF THE SCIENTIFIC INVESTIGATION DIVISION.
Q: AND THAT'S FOR THE LAPD?
A: YES.
Q: ALL RIGHT. AND WERE YOU SO EMPLOYED ON JUNE THE 13TH OF 1994?
A: YES, I WAS.
Q: SIR, ON JUNE THE 13TH OF 1994, WERE YOU RESPONSIBLE FOR COLLECTING CERTAIN EVIDENCE AT 360 NORTH ROCKINGHAM AND 875 BUNDY IN THE CITY OF LOS ANGELES?
A: YES.
Q: AND LATER ON JUNE THE 14TH, WERE YOU RESPONSIBLE FOR COLLECTING CERTAIN EVIDENCE IN A BRONCO THAT HAD BEEN IMPOUNDED FROM THE ROCKINGHAM LOCATION?
A: YES.

- - - - - - - - - -

[373]

MS. CLARK: THE PHENO TEST IS A DIFFERENT STORY. THAT HAS BEEN ADMISSIBLE FROM I CAN'T TELL HOW MANY YEARS AGO. IT IS LIMITED IN TERMS OF ITS VALUE OF WHAT BOTH SIDES CAN ARGUE. IT INDICATES THE PRESENCE OF BLOOD. THAT IS ALL IT DOES. WE ARE NOT SAYING IT DOES ANY MORE THAN THAT. AND THE PHOTOGRAPHS THAT COUNSEL IS COMPLAINING OF ARE PHOTOGRAPHS SHOWING THE PINK COLOR ON THE PHENO STICK THAT INDICATES THE PRESENCE OF BLOOD IN TWO AREAS -- THREE AREAS ACTUALLY IN THE DEFENDANT'S BATHROOM.

- - - - - - - - - -

[4736]

THE COURT: TO REBOLSTER DETECTIVE VANNATTER'S TESTIMONY. DO YOU ALSO THINK THAT THAT WOULD REQUIRE THE PROOF OF THE SUBSTANTIVE FACTS ARE THAT IN DISPUTE, THE FACT THAT THIS WAS AN UNANTICIPATED TRIP TO CHICAGO AND THAT AT THE TIME THAT THE SEARCH WARRANT AFFIDAVIT WAS WRITTEN NO TEST HAD BEEN COMPLETED WITH REGARDS TO WHETHER OR NOT IT WAS HUMAN BLOOD? MY RECOLLECTION OF OUR DISCUSSIONS AT THE 1538 IS THAT IT WAS ONLY A PRESUMPTIVE TEST FOR BLOOD.

MS. CLARK: CORRECT.

THE COURT: AND NOT A DETERMINATION THAT IT WAS HUMAN BLOOD.

MS. CLARK: THAT'S CORRECT. WHAT WE WILL BE REQUIRED TO DO AT THAT POINT IS TO EXPLAIN, THROUGH THE TESTIMONY OF DETECTIVE VANNATTER AND OTHER WITNESSES, PRECISELY WHAT BROUGHT HIM TO THOSE -- BROUGHT HIM TO THE POINT WHERE HE MADE THOSE STATEMENTS IN THE AFFIDAVIT. WITH RESPECT TO THE CONCLUSION THAT IT WAS HUMAN BLOOD ON THE DOOR OF THE BRONCO, THE PEOPLE CONCEDE IT WAS A PRESUMPTIVE TEST FOR BLOOD AND YET IT WAS A LOGICAL CONCLUSION THAT THE BLOOD PLACED ON THE DOOR HANDLE OF A CAR WOULD BE BY A HUMAN BEING, AS WE HAVE STATED BEFORE. I DON'T KNOW HOW MANY ANIMALS KNOW HOW TO DRIVE CARS OR COULD REACH THE DOOR HANDLE OF A BRONCO, AND I DON'T THINK THE DEFENSE IS GOING TO BE ABLE TO ARGUE ANYTHING TO THE CONTRARY WITH RESPECT TO THAT.

- - - - - - - - - -

Detective Phillip Vanatter, one half of Dumb and Dumber:

[4750]

Q: BY MR. SHAPIRO: AND YOU ORDERED DETECTIVE -- YOU ORDERED CRIMINALIST FUNG TO DO A PHENOTHALINE TEST ON THAT SMALL BLOOD DROP ON THE BRONCO; IS THAT CORRECT?

[4751]

A: YES.

Q: DID YOU REALIZE AT THAT TIME THAT BY DOING THE TEST YOU WOULD PERMANENTLY DESTROY THAT EVIDENCE FOR ANY SUBSEQUENT DNA ANALYSIS?

A: NO, I DIDN'T REALIZE THAT.

Dumber, of Dumb and Dumber, DESTROYED the spot on the door as evidence of anything more than blood by ordering a phenolphthalein test. After that, it could only be conjectured as human blood. A DNA test was out of the question.

That is the evidence used to justify a search warrant with a false affidavit claiming human blood had been found.

And, somewhat amazingly, except for it being the LAPD, criminalist Dennis Fung performed that destructive phenolphthalein test.

nolu chan  posted on  2017-06-13   3:19:53 ET  Reply   Trace   Private Reply  


#198. To: nolu chan (#197)

"That is the evidence used to justify a search warrant with a false affidavit claiming human blood had been found."

So you admit it was blood, but you're saying it was a false affidavit because it wasn't proven to be human blood. Meaning what? An animal drove the car?

There's a huge difference between doubt and reasonable doubt that you're missing here. The instruction to the jury is reasonable doubt. That's also my instruction to you.

misterwhite  posted on  2017-06-13   8:47:24 ET  Reply   Trace   Private Reply  


#199. To: nolu chan (#190)

"Nobody claimed that Goldman drove Nicole's Ferrari on an unexpected visit to Nicole's house that night. Presumably, Nicole had the Ferrari parked somewhere."

You said, "This video interestingly offers an argument that the gloves belonged to Ron Goldman ... they were light and could function well as driving gloves ... gloves ... Ron Goldman drove Nicole's Ferrari".

If the gloves belonged to Ron Goldman and as proof you say he could have used them as driving gloves when he drove Nicole's Ferrari, aren't you saying he drove the Ferrari that night? Why bring up the Ferrari if Ron Goldman didn't drive it (wearing those driving gloves) that night?

misterwhite  posted on  2017-06-13   8:57:23 ET  Reply   Trace   Private Reply  


#200. To: nolu chan (#191)

"Perhaps because Nicole gave him the gloves as a gift"

Perhaps? Is that a new legal term?

So he wears them all the time? The temperature that night was in the mid-70's. He would look foolish wearing those gloves, gift or not.

misterwhite  posted on  2017-06-13   9:02:43 ET  Reply   Trace   Private Reply  


#201. To: nolu chan (#192)

"There is no evidence that he did, or did not."

Well, if those were Ron Goldman's gloves, wouldn't that be important? If he had small hands and a drawer full of small gloves, couldn't we exclude him as the owner of extra-large gloves?

Yet, amazingly, you don't care.

misterwhite  posted on  2017-06-13   9:06:40 ET  Reply   Trace   Private Reply  


#202. To: nolu chan (#193)

The gloves used paper thin leather. They would not keep hands warm in New York or Chicago in winter.

They were cashmere-lined, fine for cool weather. Oh, here they are:

Did Nicole give them to OJ with the intent that he wear them in Chicago or New York in winter? No? Then why bring it up? You got a picture of Ron Goldman wearing those gloves?

misterwhite  posted on  2017-06-13   9:21:49 ET  (1 image) Reply   Trace   Private Reply  


#203. To: nolu chan (#194)

"There was no such testimony by Richard Rubin at the criminal trial."

misterwhite  posted on  2017-06-13   9:33:57 ET  Reply   Trace   Private Reply  


#204. To: nolu chan (#195)

Somebody transported the blood-soaked glove from Bundy to Rockingham. Suspect number one is Mark Fuhrman.

Suspect number only is OJ.

misterwhite  posted on  2017-06-13   9:44:43 ET  Reply   Trace   Private Reply  


#205. To: misterwhite (#198)

So you admit it was blood, but you're saying it was a false affidavit because it wasn't proven to be human blood. Meaning what? An animal drove the car?

I did not admit it was blood, and the prosecution failed to produce evidence that it was blood.

A presumptive test was performed. No result from a presumptive test proves the presence of blood, any more than a presumptive test for marijuana proves the presence of marijuana.

With a presumptive test, a negative result indicates an absence of the amount of the substance tested for in the quantity sufficient to trigger a positive result.

With a presumptive test, a positive result indicates a likelihood that the substance tested for is present. I provides probable cause to perform a definitive lab test. If the definitive lab test is not performed, or is not positive, there is insufficient evidence to establish that the substance tested for is present.

https://en.wikipedia.org/wiki/Kastle%E2%80%93Meyer_test

The Kastle–Meyer test is a presumptive blood test, first described in 1903, in which the chemical indicator phenolphthalein is used to detect the possible presence of hemoglobin.

[...]

Limitations

While the Kastle–Meyer test has been reported as being able to detect blood dilutions down to 1:107, there are a number of important limitations to the test. Chemical oxidants such as copper and nickel salts will cause the Kastle–Meyer reagent to turn pink before the addition of the hydrogen peroxide, thus it is vitally important to add the reagent first, then wait a few seconds, then add the hydrogen peroxide.

The Kastle–Meyer test has the same reaction with human blood as it does with any other hemoglobin-based blood, so a confirmatory test such as the Ouchterlony Test must be performed to definitively conclude from which species the blood originated.

Color catalytic tests are very sensitive, but not specific. The positive color test alone should not be interpreted as positive proof of blood. A negative result is generally proof of the absence of detectable quantities of heme, however a false negative can be generated in the presence of a reducing agent.

There was a tiny red spot, not proven to be blood. The false affidavit claimed the verified presence of human blood, something the test is incapable of verifying.

nolu chan  posted on  2017-06-15   4:31:28 ET  Reply   Trace   Private Reply  


#206. To: misterwhite (#199)

If the gloves belonged to Ron Goldman and as proof you say he could have used them as driving gloves when he drove Nicole's Ferrari, aren't you saying he drove the Ferrari that night? Why bring up the Ferrari if Ron Goldman didn't drive it (wearing those driving gloves) that night?

Obviously not.

[nc #190] Nobody claimed that Goldman drove Nicole's Ferrari on an unexpected visit to Nicole's house that night. Presumably, Nicole had the Ferrari parked somewhere.

The claim that Nicole let Ron Goldman is on the youtube video at 9:12. The text there reads,

"According to family and friends, Ron Goldman was a great kid that liked to live in the fast lane and also liked driving fast cars. Ron had driven Nicole's fast Ferrari."

http://articles.latimes.com/1994-07-03/news/mn-11580_1_ronald-goldman/4

Outside the coffee bar Simpson and the guys exchanged tidbits--plans for the day, her children, their acting auditions. Goldman appeared no closer to her than the rest of them--except that he got an occasional chance to drive her white convertible Ferrari.

http://www.latimes.com/nation/la-oj-anniv-goldman-story.html

Goldman, 25, also had an increasingly close relationship with 35-year-old Nicole Brown Simpson, whom he had exercised with, accompanied to dance clubs and often met for coffee and dinner during the past month and a half.

He told others that he was just friends with Simpson. But he boasted of her stunning good looks and talked about the special kick it gave him to see heads turn when the two of them pulled up in her white Ferrari in front of The Gate, a fashionable West Hollywood dance club, with him behind the wheel.

From the ever reliable reddit,

https://www.reddit.com/r/todayilearned/comments/2n1329/til_ronald_goldman_didnt_even_know_nicole_brown/

Simpson had complained bitterly to anyone who would listen about Niclole allowing Goldman to drive around town in her (OJ -purchased) Ferrari. More to the point, "I left my glasses at table x" (at Mezzaluna, Brentwood's cocaine central) was code for bring me x grams of blow," which Goldman was in the process of doing when he was murdered.

If waiter Ron Goldman got to drive her fast Ferrari (plate L84AD8), and hot rich chick Nicole had given him driving gloves, he could have worn those gloves to drive his own car to her house for a nighttime rendezvous, where she awaited in spandex with the tub full and hot, the bathroom lights off, and the candles on.

Ron Goldman was working at Mezzaluna. Nicole called the restaurant about glasses left behind. Ron Goldman punched out and drove to Nicole's. Unless Nicole left the Ferrari with Ron at Mezzaluna, he drove something else. Duh.

nolu chan  posted on  2017-06-15   4:33:30 ET  Reply   Trace   Private Reply  


#207. To: misterwhite (#200)

Perhaps? Is that a new legal term?

No. It is an old term used to respond to really stupid questions.

So he wears them all the time? The temperature that night was in the mid-70's. He would look foolish wearing those gloves, gift or not.

The young waiter who liked styling in a Ferrari with the hot chick, and a hard on, wouldn't worry too much about the gloves looking foolish. He may have worn them frequently during the six weeks or so he was styling with Nicole, thinking with his little head.

nolu chan  posted on  2017-06-15   4:36:12 ET  Reply   Trace   Private Reply  


#208. To: misterwhite (#201)

Well, if those were Ron Goldman's gloves, wouldn't that be important? If he had small hands and a drawer full of small gloves, couldn't we exclude him as the owner of extra-large gloves?

Yet, amazingly, you don't care.

If you have such imaginary evidence that was presented to the jury in the criminal trial, present it.

You did not care enough to watch the trial or read the transcript. You have falsely claimed nonsense about the pictures of the gloves and the testimony, as documented in my responses to #202 and #203.

Your chosen expert said the stretch leather gloves in M thru XL would get on O.J's hand.

[11590]

MR. RUBIN: I would venture to say that almost every glove that was manufactured by Aris Philippines from size medium to extra large would get on his hand. Some might be tight, some might be loose, but they would get on his hand.

nolu chan  posted on  2017-06-15   4:38:09 ET  Reply   Trace   Private Reply  



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