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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: 118957
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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Begin Trace Mode for Comment # 231.
#2. To: Deckard (#0)
(Edited)
Deckard, I've just about had it with your "jury nullification" bullshit. You wanna play that game? Fine. Did you know that a jury can also convict a defendant if the jury disagrees with the law? Yes they can. The jury has the final word, one way or the other. Now, how about if you're on trial and I hand out fliers in front of your courtroom informing potential jurors they have the power to convict you even if you didn't violate the letter of the law? You woudn't consider that jury tampering?
Uhhh... That's not completely true, actually. Judges have the power to vacate jury convictions, but not jury acquittals. Correct me if I'm wrong.
You're correct. If the judge so chooses. But he may hate the defendant more than the jury. It still doesn't change the fact that the jury can convict despite what the law says. But think what this would mean. Juries will play it safe and convict knowing that if they are wrong the judge -- who is the expert, after all -- will acquit and correct their "error". The reverse, as you pointed out, isn't true.
You're correct. If the judge so chooses. But he may hate the defendant more than the jury. It still doesn't change the fact that the jury can convict despite what the law says. People have literally been hanged contrary to law. Ultimately, written laws have only as much power as those in control allow, and that cannot be helped. But jury "nullification" really refers to nullifying laws that someone is accused of violating, not convicting someone who stands falsely accused. And given the civil theory is that it's better for a guilty man to be go free than an innocent man to go to jail. Nullification stands as a final voice of the average people on whether criminal laws passed by representatives are acceptable, and that is simply not a bad thing in my view. Fugitive slave laws falling "victim" to jury nullification being one example. I see no reason why juries should not openly have nullification power explained to them. While it may result in people truly deserving of punishment going free on occasion, #1) I think that would be extremely rare, and #2) I think the value of giving average people a voice on what laws are acceptable is far more valuable a thing than is the harm in letting a true thug go free, so I thikn the benefit greatly outweighs the (very rare) harm.
I agree. IF both types of nullification are explained to them: A) If they think the law is unfair they can vote not guilty. B) If they think the defendant did not violate the letter of the law but did violate the spirit of the law, they can vote guilty. Or they can vote guilty if they simply don't like him. Otherwise, they can forget about the jury altogether and have a bench trial.
A) If they think the law is unfair they can vote not guilty. B) If they think the defendant did not violate the letter of the law but did violate the spirit of the law, they can vote guilty. Or they can vote guilty if they simply don't like him. Given that convictions require unanimous agreement, and given that jurists are initially screened to ensure they have no personal relations with the accused, and given the average person would be willing to judge a stranger fairly, I would be inclined to accept your terms.
This would actually be beneficial in cases that are lost because of a technicality. The jury could be instructed that they can examine the technical infraction and make a determination as to how much weight to give it. Every time the defense yells "objection", the jury does not have to disregard what led up to the objection. The jury would be allowed give police testimony more weight than others who testify. This could change everything.
You are trying very hard to get people to say that jury nullification would be a disaster. But I'm still not going to do that. People already do that.
My only point was that if you're going to instruct the jury on nullification acquittal then, to be fair and complete, you should also instruct the jury on nullification conviction. As to whether or not nullifying laws that someone is accused of violating would be a disaster, that depends on the law in question. Put a Muslim on a jury and he may nullify a spousal abuse law. A Christian may nullify a gay rights law. Jurors are not supposed to write the laws. If the law is bad or unfair, there are ways to handle that outside a jury room.
Fair? Fair to whom? Is the idea that every person accused of a crime enter a courtroom with as close as possible to a 50/50 chance of being convicted, and if the odds are only 20%, then some rule changes should be done to make it closer to 50%, because then the trial will be more "fair"? The entire premise of the US criminal justice system is supposed to be based on the idea that defendants get the benefit of a doubt at every step. Prosecutors have to see enough merit to press charges, grand juries have to affirm there's a criminal case, judges have to agree, defendants are given attorneys if they can't afford one, juries have to be convinced of guilt "beyond reasonable doubt", and even after all that, appellate judges can be called in to give an opinion on whether everything was done right. Jury nullification would/could/should be just one more test of guilt added to many others that already exist. It's not about being fair or not fair. Nullification serves as a test of the law itself, that it is something that an average cross section of people agree with. And it's not as though a single jury engaging in nullification would cause a law to be repealed throughout an entire land. It would only affect the outcome of a single trial. Only if many juries began to nullify one particular law repeatedly would the law be effectively gutted, and if that were to happen, then it probably means it's a bad law that should be gutted, one example being the Fugitive Slave Act which I understand was frequently nullified on sound moral grounds. And if that's the case, why shouldn't such an unpopular law be gutted? I don't understand why a judge would even care if a jury engaged in nullification. It's no money out of his pocket. Why would he not simply accept it as one more thing, added to many others, that could happen? If only a single juror nullifies while all others affirm guilt then the defendant can be retried, and probably would be in most cases. Nullification is not writing laws. It's only limiting application of a law or laws against a single defendant or set of defendants. Once the case is over, the nullification has no further legal effect.
You don't know that. Jurors are not required to fill out a questionairre describing the reasons the voted the way they did. As nolu chan pointed out, "... juries will acquit defendants who appear sympathetic, who are charged with violating an unpopular law, who the jurors speculate would otherwise be sentenced too severely, or who haven’t been proven guilty under standards for proof the jurors believe are required despite the judge’s instruction otherwise." Was OJ acquitted because the law against murder was unfair?
As nolu chan pointed out, "... juries will acquit defendants who appear sympathetic, who are charged with violating an unpopular law, who the jurors speculate would otherwise be sentenced too severely, or who haven’t been proven guilty under standards for proof the jurors believe are required despite the judge’s instruction otherwise." Jurors will do what jurors do, including when they feel a defendant is guilty according to the letter of the law, but that a verdict of guilty would result in an injustice that they are unable to reconcile with their personal conscience. The judicial result is that shit happens. OJ was acquitted because the prosecutiion failed miserably to prove, beyond a reasonable doubt, that OJ committed the crime. Much prosecution evidence, and many witnesses, were destroyed on the stand. What happened in the courtroom, and what was reported on the evening news and talk shows, frequently differed greatly.
And all along I thought it was because nine African-American jurors in an LA courtroom refused to convict a famous and and admired black man. I believed Marcia Clark when she said she convicted murderers with a fraction of the evidence in this case. The OJ trial was the poster child for jury nullification.
Curiously, I never get this from people who actually watched the court testimony. The prosecution was a mess. The evidence was not presented to sustain a conviction. They were so unprepared to go to trial, they diddled about a a few months before presenting evidence that somebody had died. They screwed up the handling of the blood evidence. For the most part, the state case was dead after Barry Scheck got done destroying the LAPD witnesses. The jury took four hours to reach a unanimous verdict of acquittal.
101 PIECES OF EVIDENCE THAT PROOVE O.J. SIMPSON MURDERED NICOLE: http://pages.infinit.net/reparvit/nicole12.html
http://pages.infinit.net/reparvit/nicole12.html Reason #1 is typical. Accepted as true, it does not prove much of anything. Pick one out from the laundry list that you feel is strong, or strongest, and I will take it on.
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. Now, you can argue that each one individually proves nothing. But taken together, there's only one explanation.
[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.
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?
[11519] - - - - - - - - - - MR. DARDEN: Miss Vemich, what was it about those gloves that made them sell? 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." MR. DARDEN: And to the right of the "2" we see the number "$77.00"? [...] [11529] MR. DARDEN: How many different types of Aris gloves did you sell at $55.00 during December? [11530] MS. VEMICH: No, they did not. [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.
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?
They were cashmere-lined, fine for cool weather. Oh, here they are: https://i2.wp.com/altereddimensions.net/main/wp-content/uploads/2016/02/image-42.png 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 I do not have a picture of Ron Goldman wearing those gloves. You do not have a picture of O. J. Simpson verified as wearing those gloves. There is no evidence that either of the two evidence gloves have been verified as purchased by Nicole Simpson, or given to O.J. Simpson. There is no picture of O.J. Simpson wearing gloves that obviously did not fit, except for Darden's demonstration disaster of the century. You present a picture of O. J. Simpson wearing a pair of BLACK gloves, as O.J. wearing those gloves. Text associated with the image: "Newscast video frame showing OJ wearing black gloves just like (sic - the evidence gloves were brown) those found at the murder scene and behind Kato's cabin." Maybe this is why your source is called Altered Dimensions. The gloves were not Aris Isotoner gloves. MR. COCHRAN: All right. One last question. With regard to Aris--the Aris--and Mr. Darden kept saying Isotoner. Did you tell us yesterday it wasn't Isotoner, these are Aris lights? MR. RUBIN: Isotoner was a different product line than leather gloves. These are Aris leather light gloves. I understand how hard it is for wingnut news to get the details right, but when all else fails, read the transcript. And Altered Dimensions seems to think that a picture of O. J. Simpson wearing BLACK gloves, gloves they identify as Aris Isotoner gloves, definitely depict O. J. Simpson wearing the same exact gloves as the BROWN Aris Leather Light gloves in evidence. - - - - - - - - - - https://i2.wp.com/altereddimensions.net/main/wp-content/uploads/2016/02/image-42.png The image link is shown above. Oh, there they ain't. http://altereddimensions.net/2012/oj-simpson-murders The image appears in the article at Altered Dimensions at the link above. The image has the embedded text, "O. J. wearing the same type of gloves." MR. BLASIER: You're indicating unequivocally that in your opinion, from those pictures that you had last July, it was an Aris glove, correct? MR. RUBIN: That's not the case. What I meant by that statement categorically was that I did not see any features in any one of those photos that would indicate that it would be any other style that I had knowledge of. That's what I meant by that statement. The gloves depicted in the image are BLACK. The gloves in evidence are BROWN. The expert could not unequivocally say the gloves in the pictures were Aris gloves at all. He could not rule out that they were Aris gloves. He also could not rule out that is was a different glove from a different manufacturer.
No. He said he saw no features that would indicate they were not Aris gloves. Read the transcript.
No. He said he saw no features that would indicate they were not Aris gloves. Read the transcript. Really. What transcript did you read? The tortured phrasing was, "What I meant by that statement categorically was that I did not see any features in any one of those photos that would indicate that it would be any other style that I had knowledge of." He could not unequivocally identify the photo gloves as Aris, or anything else. He saw features that were not unique to Aris. He does not claim to have knowledge of every brand of glove, and he worked for only one brand. In his tortured way, he admitted he could not unequivocally say the photo gloves were Aris gloves, and he admitted that he saw nothing to unequivocally identify them as any other brand. He saw non-unique features that did not identify any brand. MR. BLASIER: Did you indicate in your letter on all eight photos none of the detail that can be seen indicates that the gloves could be a style other than 70263? MR. RUBIN: I did. [18774] MR. BLASIER: You're indicating unequivocally that in your opinion, from those pictures that you had last July, it was an Aris glove, correct? MR. RUBIN: That's not the case. What I meant by that statement categorically was that I did not see any features in any one of those photos that would indicate that it would be any other style that I had knowledge of. That's what I meant by that statement. Asked directly if he was saying unequivocally that the glove in the pictures was an Aris glove, Richard Rubin testified, "That's not the case." He could not unquivocally identify the glove in the pictures as an Aris glove.
He didn't see anything to make him think it wasn't an Aris glove. Potayto, potahto.
He didn't see anything to make him think it wasn't an Aris glove. Potayto, potahto. I will remind you again, your mission impossible, which you chose to accept, was to prove that the O.J. Simpson jury had sufficient evidence before it to return a verdict of guilty. The only matter that could justify any finding by the jury is evidence adduced at trial. I provided testimonial evidence adduced at the trial, from a transcript of said testimony. MR. DARDEN: Misstates the testimony. MR. RUBIN: What I meant-- THE COURT: Excuse me. Overruled. MR. RUBIN: What I meant by that statement categorically was that the features that I could see in the pictures, not one feature would lead me to a non 70263 Aris light style. That's what I meant by the statement. [18775] MR. BLASIER: By the statement you made yesterday to us? MR. RUBIN: Yes. - - - - - - - - - - MR. BLASIER: Did you indicate in your letter on all eight photos none of the detail that can be seen indicates that the gloves could be a style other than 70263? MR. RUBIN: I did. [18774] MR. BLASIER: You're indicating unequivocally that in your opinion, from those pictures that you had last July, it was an Aris glove, correct? MR. RUBIN: That's not the case. What I meant by that statement categorically was that I did not see any features in any one of those photos that would indicate that it would be any other style that I had knowledge of. That's what I meant by that statement. Asked directly if he was saying unequivocally that the glove in the pictures was an Aris glove, Richard Rubin testified, "That's not the case." He could not unquivocally identify the glove in the pictures as an Aris glove. He admitted that he was not familiar with all styles of gloves by all manufacturers in the world. He worked for one manufacturer, and one only. - - - - - - - - - - The glove expert testified that he could not unequivocally identify the photographed gloves were Aris brand gloves, much less specifically style 70263. He identified features on Aris gloves that are also present on other brands of gloves. He identified a brossier stitch which he was forced to admit was also found on non-Aris gloves. He identified three lines on the back which he admitted were found on non-Aris gloves. He identified a vent which he admitted is found on non-Aris gloves. He identified no feature unique to Aris brand gloves. And he did not see anything to make him certain it was an Aris glove. Proving, he saw a glove in a photograph which he could not positively identify.
No. They had to present evidence beyond a reasonable doubt. You're trying to set a new standard where if the prosecution can cause any doubt whatsoever the evidence should be ignored. He identified a brossier stitch which he was forced to admit was also found on non-Aris gloves. He identified three lines on the back which he admitted were found on non-Aris gloves. He identified a vent which he admitted is found on non-Aris gloves. He identified no feature unique to Aris brand gloves. He admitted that or you assumed that? Because I can't find anything in the transcript to back up your claim. You're ignoring all the other glove evidence presented to the jury which, when taken together with Rubin's testimony, is consistent and damning.
The defense did not have to prove anything, not even reasonable doubt. The prosecution had the sole responsibility to provide proof of each and every element of the crime beyond a reasonable doubt. If there is any reasonable competing explanation to any claim of fact based on circumstantial evidence, the claim pointing to innocence must be adopted. In your attempts to prove that the prosecution met its burden, your attempts have: There is a good reason you cannot prove, on the basis of the evidence in the criminal trial, that the evidence gloves belonged to, and were worn by, O.J. Simpson. The prosecution never proved it in court. The criminal prosecution never proved that O.J. Simpson ever owned or wore Bruno Magli shoes either. I will attempt to demonstrate that the defense presented the more believable theory of how the one glove got to Rockingham, as shown by the actual evidence at trial. The prosecution theory has a serious problem with science. And I wish to note that Det. Fuhrman planting the glove at Rockingham is consistent with O.J. Simpson and/or one or more others having committed the murders. The Rockingham glove could not be ignored, but it presented a problem for the prosecution. Admitting Det. Fuhrman planted it would taint all the evidence in the case. Lead Detective Phillip Vanatter's testimony is incredible, as in it defies all rational belief. According to Det. Vanatter, two paragraphs are the totality of notes he took about the activities of the 12th and 13th of June. BY MR. SHAPIRO: Q: DETECTIVE VANNATTER, OVER THE NOON HOUR YOU WERE REQUESTED TO FIND YOUR NOTES OF THE ACTIVITIES THAT TOOK PLACE AT BUNDY AND ROCKINGHAM ON THE 12TH THROUGH THE 13TH OF JUNE. HAVE YOU BEEN ABLE TO LOCATE THOSE NOTES? A: I DIDN'T REALIZE I WAS SUPPOSED TO DO THAT, BUT AS FAR AS ACTUAL PHYSICAL NOTES, THERE AREN'T ANY OTHER THAN THE PARTIAL STATEMENT I WAS GOING ON, KATO KAELIN. Q: AND THAT CONSISTS OF TWO PARAGRAPHS? A: APPROXIMATELY, YEAH. Q: AND THAT IS THE EXTENT OF WHAT WAS -- WHAT TOOK PLACE AS FAR AS RECORDING INFORMATION BY YOU? A: I DIRECTED OTHER INFORMATION BE RECORDED, BUT YES, THAT IS TRUE. Lead Detective Phillip Vanatter admitted the information he included in his sworn statement to obtain a search warrant was false. Q: AND IN FILLING OUT A SEARCH WARRANT YOU INDICATED TO A MAGISTRATE UNDER PENALTY OF PERJURY, THAT YOU WERE TOLD THAT O.J. SIMPSON HAD LEFT ON AN UNEXPECTED MIGHT TO CHICAGO, DID YOU NOT? A: I DIDN'T SAY I WAS TOLD THAT. Q: YOU REPORTED -- A: I DID WRITE THAT IN THE SEARCH WARRANT, YES. Q: AND YOU SIGNED THAT UNDER PENALTY OF PERJURY? A: YES. THAT'S CORRECT, SIR. Q: AND THAT WASN'T TRUE, WAS IT? A: I FIND -- I FOUND OUT LATER THAT THAT INFORMATION WAS INCORRECT. THAT WAS BASED ON ARNELLE SIMPSON'S RESPONSE THAT MORNING, AS WELL AS KATO KAELIN TELLING ME THAT HE HAD RECEIVED A PHONE CALL AFTER SIMPSON HAD LEFT THE RESIDENCE TELLING HIM TO ALARM THE HOUSE, THAT HE WAS GOING TO CHICAGO ON A [4758] BUSINESS TRIP FOR HERTZ. Q: YOU FILLED OUT THE AFFIDAVIT FOR THE SEARCH WARRANT AT WHAT TIME, SIR? A: I STARTED THAT APPROXIMATELY 7:45 IN THE MORNING. Q: AND WHAT TIME DID YOU PRESENT IT TO A MAGISTRATE, SIR? A: IT WAS SIGNED AT 10:45. Q: AND THE MAGISTRATE ASKED YOU TO MAKE SOME HAND CORRECTIONS IN THERE, DID SHE NOT? A: YES. Q: AND ISN'T IT TRUE, SIR, THAT AT SIX O'CLOCK IN THE MORNING YOUR HANDWRITTEN NOTES INDICATE THAT IN YOUR INTERVIEW WITH KATO KAELIN THAT HE TOLD YOU THAT O.J. SIMPSON HAD LEFT ON A FLIGHT FOR CHICAGO FOR HERTZ? A: YES, THAT'S CORRECT. Q: AND DID YOU ALSO INDICATE, UNDER PENALTY OF PERJURY, SIR, THAT YOU OBSERVED WHAT APPEARED TO BE HUMAN BLOOD, WHICH WAS LATER CONFIRMED BY A CRIMINALIST TO BE HUMAN BLOOD? A: YES, I SAID THAT. Q: AND ISN'T IT TRUE AT THE TIME THAT THAT WAS NOT A TEST TO DETERMINE WHETHER OR NOT THIS WAS HUMAN BLOOD? A: THAT IS TRUE. I MISSTATED THAT I GUESS BASED ON MY EXPERIENCE. I BELIEVED IT WAS HUMAN BLOOD AND I THINK NOW -- I THINK STILL IT IS HUMAN BLOOD. I THINK IT HAS BEEN PROVEN TO BE HUMAN BLOOD. Q: YOU ALSO SAID, SIR, DID YOU NOT, YOU OBSERVED BLOOD ON THE CONSOLE OF THE BRONCO AND BLOOD INSIDE THE DOOR PANELING OF THE BRONCO, DID YOU NOT? A: YES, SIR. Q: DID YOU INCLUDE THAT INFORMATION IN YOUR SEARCH WARRANT? A: NO. Q: WHY NOT? [4759] A: I JUST -- THAT WAS A QUICK ATTEMPT TO GET A SEARCH WARRANT TO MOVE THE INVESTIGATION ALONG. I DIDN'T -- I MISSED SOME THINGS IN IT THAT SHOULD HAVE BEEN IN IT. Q: DID YOU MAKE ANY NOTES IN THAT IN ANY REPORTS THAT WERE FILED IN THIS CASE? A: NO, SIR, I DIDN'T. Q: REGARDING THE GLOVE THAT YOU SAW, WHERE IN YOUR REPORTS REGARDING ROCKINGHAM DID YOU SHOW THAT A GLOVE WAS FOUND AT ROCKINGHAM? A: IT IS IN THE SEARCH WARRANT AND IT IS ALSO IN THE FOLLOW-UP REPORT. Q: IT IS IN THE -- I SAID WHERE IN YOUR NOTES ARE THEY SHOWN? A: THERE ARE NO NOTES. Q: WHERE IN DETECTIVE LANGE'S NOTES IS IT SHOWN THAT A GLOVE WAS FOUND AT ROCKINGHAM? A: I -- I -- I DON'T BELIEVE IT IS IN LANGE'S NOTES. Q: WHERE IN DETECTIVE PHILLIPS' NOTES IS IT SHOWN THAT A GLOVE WAS FOUND AT ROCKINGHAM? A: I DON'T BELIEVE HE HAS ANY NOTES. Q: WHERE IN DETECTIVE FUHRMAN'S NOTES IS IT SHOWN THAT A GLOVE WAS FOUND IN ROCKINGHAM? A: IT IS NOT, SIR. Q: WHERE IN THE MASTER NOTE-TAKER'S NOTES IS IT SHOWN THAT A GLOVE WAS FOUND AT ROCKINGHAM? A: IT IS IN THE CRIMINALIST'S NOTES THAT HE RECOVERED THE PIECE OF EVIDENCE AND THOSE WERE TAKEN AT MY DIRECTION. Q: WHEN WAS THAT? A: (NO AUDIBLE RESPONSE.) Q: WHEN WERE THOSE NOTES TAKEN? [4760] A: THE MORNING OF THE 13TH. Q: AT YOUR DIRECTION? A: THAT'S CORRECT, YES. Q: DO YOU HAVE THOSE NOTES? A: NO, SIR, I DON'T. THOSE ARE CRIMINALIST WORK PRODUCT. Q: A CHRONOLOGICAL RECORD IS REQUIRED TO BE KEPT IN ALL CASES OF HOMICIDE INVESTIGATION, IS IT NOT? A: YES, SIR. Q: WHERE IN THE CHRONOLOGICAL RECORD DOES IT INDICATE THAT ANY OF THE FOUR OFFICERS THERE RECOVERED A GLOVE? A: IT DOESN'T. How Criminalist Fung was caught on videotape, Rockingham glove in hand, stepping over Ron Goldman's body. MR. SCHECK: Well, do you recall a videotape of you stepping over the body holding what you've told us was the Rockingham glove with your bare hand and a bag? MR. FUNG: Yes. The unexplained movement of the Bundy glove between photographs. MR. SCHECK: You do concede however from looking at still photographs that the glove had been moved from a position where it was originally photographed when Detective Fuhrman was pointing at it to a second position when you directed the photographer to photograph it-- MR. GOLDBERG: Argumentative. THE COURT: Overruled. MR. FUNG: Yes. Detective Mark Fuhrman at the Preliminary Hearing, July 5, 1994, the year before the O.J. Trial, which I offer only for the purpose of showing that the prosecution was stuck with this story. At 0054: Det. Fuhrman went past the air conditioning duct looking for the killer who had nearly severed the head of Nicole Simpson. Did he call for backup or draw his weapon. Nahhh. At the criminal trial, Detective Mark Fuhrman observed the Rockingham glove was moist and sticky; it had a glean or glisten to it. Q: OKAY. AND SO DO THESE -- ARE THESE PHOTOGRAPHS -- ARE ANY OF THESE PHOTOGRAPHS THE ONES THAT WERE TAKEN AT YOUR DIRECTION WITH THE PHOTOGRAPHER AT [4142] ROCKINGHAM? AND WHEN I SAY "THESE," I'M REFERRING TO PEOPLE'S 116? A: I'M NOT SURE -- I DON'T BELIEVE WE HAD ANY NUMBERS AT THAT TIME. Q: UH-HUH. AND PHOTOGRAPH E, WHERE THERE IS NO NUMBER THEN, MIGHT THAT BE ONE OF THE PHOTOGRAPHS TAKEN AT YOUR DIRECTION BY MR. ROKAHR? A: YES. [...] Q: AFTER HE TOOK PHOTOGRAPHS, WHAT DID YOU DO? A: WE RETURNED TO THE FRONT OF THE RESIDENCE. Q: OKAY. NOW, WHEN YOU POINTED THE GLOVE OUT TO MR. ROKAHR FOR THE PURPOSE OF TAKING PHOTOGRAPHS, DID YOU POINT OUT ASPECTS OF THE GLOVE THAT YOU WANTED HIM TO TAKE NOTE OF IN PHOTOGRAPHS? A: NO. I BELIEVE I JUST WANTED PHOTOGRAPHS OF THE GLOVE. I DON'T THINK THERE WAS ANYTHING WE COULD DEPICT THAT WE WOULD NEED PHOTOS OF FROM ANY ANGLE. Q: YOU DESCRIBED EARLIER THAT THE -- THAT YOU NOTICED IT TO BE -- THE GLOVE TO BE MOIST AND STICKY. DO YOU RECALL THAT? A: THAT IS THE WAY IT APPEARED, YES. Q: DID YOU NOTICE WHETHER ANY FINGERS WERE STUCK TOGETHER? A: I DO RECALL THAT THERE WAS ONE FINGER THAT WAS STUCK TO ONE PART OF THE GLOVE. Detective Mark Fuhrman Q: WHAT DID YOU SAY? A: I SAID, "IT LOOKS LIKE IT COULD BE SIMILAR TO THE ONE ON BUNDY." Q: YOU HAVE TOLD US A NUMBER OF TIMES THAT ONE OF THE THINGS YOU NOTICED ABOUT THE GLOVE WAS THAT IT WAS MOIST AND STICKY, CORRECT? A: YES, YES. Q: AND DID YOU POINT THAT OUT TO DETECTIVE PHILLIPS, THAT NOT ONLY DID IT LOOK LIKE THE GLOVE FROM BUNDY, BUT THAT IT APPEARED TO HAVE A SUBSTANCE ON IT MAKING IT STICKY WHICH COULD WELL HAVE BEEN BLOOD? A: I'M NOT SURE IF I DID OR IF I DIDN'T. Q: BUT IT HAD BEEN THROUGH YOUR MIND, HADN'T IT? A: YES. Q: AND THE STICKY PART I TAKE IT YOU OBSERVED WHEN YOU TOOK THAT LITTLE TINY FLASHLIGHT OF YOURS AND SHINED IT ON THE GLOVE AND SAW SOMETHING OF A SHINY NATURE, AS OPPOSED TO A CAKED OR DRY SURFACE? A: IT APPEARED THAT IT HAD SOMEWHAT OF A GLEAN OR A GLISTEN TO IT. Photographer Rokahr established that Detective Fuhrman's timeline was skewed by several hours. Q: THE PHOTOGRAPH THAT WE SHOWED YOU YESTERDAY OF YOU POINTING TO THE ITEMS UNDERNEATH THAT BUSH, WHEN WAS THAT TAKEN, SIR? A: I BELIEVE THAT WAS SOMEWHERE AROUND 7:00 OR 7:15 THAT MORNING. Q: AT THAT POINT, SIR, HAD YOU ALREADY BEEN TO ROCKINGHAM AND COME BACK TO BUNDY? A: YES, MA'AM. As I documented at #220, photographer Rolf Rokahr established that he took the photograph at night, at an approximate time between 4:25 and 4:40 a.m., before Detective Fuhrman left Bundy for Rockingham. The defense theory of how one glove got to Rockingham is that Detective Fuhrman found two gloves at Bundy, put one in a plastic bag, and transported that glove to Rockingham. The prosecution theory is that O.J. Simpson was wearing both gloves at Bundy, lost one at Bundy, and dropped the other one at Rockingham. Under the defense theory, the Rockingham glove was not there until after Detective Mark Fuhrman placed the glove after interviewing Kato Kaelin and hearing about the three thumps. Under this theory, the glove was planted sometime after 6:00 a.m on April 13. Under the prosecution theory, the Rockingham glove must have been dropped before O.J. left with Alan Park, the limo driver. That was around 11 p.m. More specifically, it ties to the three thumps heard by Kato Kaelin around 10:40 to 10:45 p.m. on April 12. There is a conundrum which must be addressed by the prosecution. It is rather like the cooking time of regular grits in My Cousin Vinny. Do the laws of science not apply at the Rockingham address? According to the prosecution theory, the glove was out in the warm summer air of Los Angeles in June for a period of over seven (7) hours. And yet, the Rockingham glove was moist and sticky, and had a glean or glisten to it. What prevented the blood from drying for seven hours? The defense theory posits that the glove was in a plastic bag, in Det. Fuhrman's pocket, for seven hours and esposed to the air for minutes. The prosecution theory is.... what?... blood does not dry at the Rockingham address?
Well, let's see: -- She was married to OJ when she bought the gloves. Now, based on the totality of that evidence, isn't it reasonable to assume those gloves were given to, and worn, by OJ? Oh, sure. It IS possible that Nicole bought those gloves for some unknown boyfriend ... who also wore a size XL. And that the real killer coincidentally wore a size XL and shopped at the same store Nicole did and had a taste for rare expensive gloves to wear to a murder. And that the glove at OJ's house was planted by someone who knew that OJ wore a size XL and didn't have an alibi. And that OJ threw away the gloves given to him by Nicole. Yes. I will grant you that all of this is possible. But which scenario is reasonable?
#235. To: misterwhite (#231)
Your mission impossible, which you chose to accept, was to prove that the O.J. Simpson jury had sufficient evidence before it to return a verdict of guilty. Now, based on the totality of that evidence, isn't it reasonable to assume those gloves were given to, and worn, by OJ? Of course, you do not cite any evidence before the jury in the criminal trial. Your laundry list is not evidence, and is directly contradicted by actual evidence adduced at the trial. There is no evidence adduced at the criminal trial that Nicole bought the gloves. It was impossible for the prosecution to establish when the gloves in evidence were purchased, or by whom. Bloomingdale's expert Brenda Vemich testified that there was no way for her to tell that the gloves in evidence were purchased during the Bloomingdale's transaction for which a receipt was found. There was no evidence before the jury as to when, of even if, Nicole Simpson bought the gloves in evidence. You are entitled to your opinion about the evidence adduced at the criminal trial. You are not entitled to your own imaginary evidence. MS. VEMICH: No, it does not. MR. DARDEN: Does it indicate the color of the glove? 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. - - - - - - - - - - There is a receipt for the purchase of gloves. There is no evidence whether they were black or brown, or what size they were, and there is expert testimony that it was impossible to tell that the gloves in evidence were purchased during the Bloomingdale's transaction for which a receipt was found. You assume to have determined, of your own expertise, what the Bloomingdale's expert could not. It is vague as to what they refers to. It could refer to the gloves on the Blomingdale's receipt, or it could refer to the gloves in evidence. The prosecution at the criminal trial was unable to establish they were one and the same, and their expert witness testified that it was impossible to tell that the gloves in evidence were purchased during the Bloomingdale's transaction for which a receipt was found. Neither the receipt gloves, nor the evidence gloves, were ever proven to have been owned or worn by O.J. Simpson. Proving nothing. Not even the Aris expert could identify any of the gloves in the photographs as Aris gloves. Most of the gloves in the photographs were black, and the evidence gloves were brown. There was no such evidence was produced at trial. The two pairs of gloves purchased by Nicole Simpson could have been black, as established by the expert testimony. The expert testimony was that the receipt did not indicate the size or color of the gloves purchased, and there was no way to tell that the gloves in evidence were purchased during the Bloomingdale's transaction for which a receipt was found. The glove found at Rockingham matched the glove found at Bundy. Neither evidence glove was shown to match whatever gloves of unknown size and color were purchased at Bloomingdale's. Neither evidence glove was shown to have been owned or worn by O.J. Simpson. Irrelevant. The gloves purchased by Nicole were never established as being any particular size or color, and the Bloomingdale's expert testified there was no way to tell that the gloves in evidence were purchased during the Bloomingdale's transaction for which a receipt was found. It was not established at trial that O.J. Simpson ever owned or wore the gloves in evidence. The defense is not required to put on any case whatever. When the prosecution rests, the defense can simply say, "The defense rests." Any failure to produce evidence falls directly on the prosecution. There is no obligation for the defense to do anything but show up. The defense can stand mute and offer no evidence and no testimony and no negative inference can be drawn from that. It's that dreaded Fifth Amendment thingee at work. Based on your presentation of a fantastical laundry list, it is reasonable to assume that you either do not know what evidence is, or have none to offer and don't care. It is reasonable to believe O.J. owned the gloves. It is reasonable to believe it has not been proven who owned the gloves. It is unreasonable for a juror to assume guilt of a crime based on an unproved assumption. As Judge Ito instructed the jury: The size, color, and date of purchase of the purchased gloves is unknown. A pair of XL gloves were used by the killer. There was no evidence brought forth that they were purchased in Bloomingdale's in NYC. No evidence was brought forth that they were bought by Nicole Simpson, or when they were bought. There was no evidence brought forth that they were owned or worn by O.J. Simpson. There was no need for Det. Fuhrman to know that O.J. wore an XL glove. There was no need for Det. Fuhrman to know that O.J. didn't have an alibi. It only required for Det. Fuhrman to assume that O.J. Simpson was the killer, and for Det. Fuhrman to be motivated to create probable cause to search his residence. If it turned out that O.J. Simpson was in Chicago gladhanding for Hertz, that does not incriminate Det. Fuhrman. It would just mean only Det. Fuihrman would know how the glove got there. If Fuhrman had not "found" the glove, but had waited for someone else, perhaps Vanatter, to find the glove, would that mean Det. Vanatter planted it, because O.J. had an alibi? The evidence for planting is the blood evidence in the Bronco seen with xray vision, and the testimony of Det. Fuhrman. At the criminal trial, Detective Mark Fuhrman observed the Rockingham glove was moist and sticky; it had a glean or glisten to it. And Det. Fuhrman's false testimony about the time of the photograph depicting him pointing to the Bundy glove. That was the evidence before the jury. A reasonable theory for why the glove was moist and sticky, and appeared to have a glean or glisten to it, is that it was in a plastic bag being carried around by Det. Fuhrman, rather than in the open air on a warm June night and morning in Los Angeles. This theory is consistent with O.J. Simpson, or anyone else, leaving two gloves at Bundy. The theory that it was O.J. Simpson who transported the glove in the Bronco is inconsistent with the blood in the Bronco. There was not enough of it. Q: OKAY. AND SO DO THESE -- ARE THESE PHOTOGRAPHS -- ARE ANY OF THESE PHOTOGRAPHS THE ONES THAT WERE TAKEN AT YOUR DIRECTION WITH THE PHOTOGRAPHER AT [4142] ROCKINGHAM? AND WHEN I SAY "THESE," I'M REFERRING TO PEOPLE'S 116? A: I'M NOT SURE -- I DON'T BELIEVE WE HAD ANY NUMBERS AT THAT TIME. Q: UH-HUH. AND PHOTOGRAPH E, WHERE THERE IS NO NUMBER THEN, MIGHT THAT BE ONE OF THE PHOTOGRAPHS TAKEN AT YOUR DIRECTION BY MR. ROKAHR? A: YES. [...] Q: AFTER HE TOOK PHOTOGRAPHS, WHAT DID YOU DO? A: WE RETURNED TO THE FRONT OF THE RESIDENCE. Q: OKAY. NOW, WHEN YOU POINTED THE GLOVE OUT TO MR. ROKAHR FOR THE PURPOSE OF TAKING PHOTOGRAPHS, DID YOU POINT OUT ASPECTS OF THE GLOVE THAT YOU WANTED HIM TO TAKE NOTE OF IN PHOTOGRAPHS? A: NO. I BELIEVE I JUST WANTED PHOTOGRAPHS OF THE GLOVE. I DON'T THINK THERE WAS ANYTHING WE COULD DEPICT THAT WE WOULD NEED PHOTOS OF FROM ANY ANGLE. Q: YOU DESCRIBED EARLIER THAT THE -- THAT YOU NOTICED IT TO BE -- THE GLOVE TO BE MOIST AND STICKY. DO YOU RECALL THAT? A: THAT IS THE WAY IT APPEARED, YES. Q: DID YOU NOTICE WHETHER ANY FINGERS WERE STUCK TOGETHER? A: I DO RECALL THAT THERE WAS ONE FINGER THAT WAS STUCK TO ONE PART OF THE GLOVE. Detective Mark Fuhrman Q: WHAT DID YOU SAY? A: I SAID, "IT LOOKS LIKE IT COULD BE SIMILAR TO THE ONE ON BUNDY." Q: YOU HAVE TOLD US A NUMBER OF TIMES THAT ONE OF THE THINGS YOU NOTICED ABOUT THE GLOVE WAS THAT IT WAS MOIST AND STICKY, CORRECT? A: YES, YES. Q: AND DID YOU POINT THAT OUT TO DETECTIVE PHILLIPS, THAT NOT ONLY DID IT LOOK LIKE THE GLOVE FROM BUNDY, BUT THAT IT APPEARED TO HAVE A SUBSTANCE ON IT MAKING IT STICKY WHICH COULD WELL HAVE BEEN BLOOD? A: I'M NOT SURE IF I DID OR IF I DIDN'T. Q: BUT IT HAD BEEN THROUGH YOUR MIND, HADN'T IT? A: YES. Q: AND THE STICKY PART I TAKE IT YOU OBSERVED WHEN YOU TOOK THAT LITTLE TINY FLASHLIGHT OF YOURS AND SHINED IT ON THE GLOVE AND SAW SOMETHING OF A SHINY NATURE, AS OPPOSED TO A CAKED OR DRY SURFACE? A: IT APPEARED THAT IT HAD SOMEWHAT OF A GLEAN OR A GLISTEN TO IT. - - - - - - - - - - There is no evidence that O.J. threw away any gloves given to him by Nicole. It is pure speculation. There is no evidence of record that O.J. Simpson either owned or threw away any Aris glove, or any other glove. Regarding the gloves purchased by Nicole, there is no evidence of record that either or both were either brown or any other color, and there is no evidence of the size. There is nothing in any theory of the case that requires that O.J. threw away gloves. According to the prosecution timeline, the gloves would have had to be out in the open air for over seven (7) hours without drying out. That is unreasonable. According to the prosecution timeline, O.J. had to nearly sever the head of Nicole, engage in a struggle with Ron Goldman and knife him to death, and several minutes later arrive at Rockingham in the Bronco, jump the fence, drop the Rockingham glove, and shortly after 11 p.m. leave to catch a scheduled flight to Chicago. This theory is not reasonable. The killer cut both carotid arteries of Nicole from the front. He had to sustain a shower of blood. Then the killer had to sustain more blood from Ron Goldman, almost immediately hop in the Bronco, and not leave the Bronco a mess of blood stains. The prosecution ran into severe problems with their timeline trying to show that it was possible for O.J. Simpson, as the killer, to have arrived at Bundy at 10:40 or 10:45 as the prosecution argued throughout the trial. The defense had destroyed that timeline with ear- and eye-witness testimony. Marcia Clark argued in closing that the thumps occurred at 10:52 p.m. That was a valiant effort to salvage a destroyed timeline. It is unreasonable in terms of how O.J. Simpson cleaned up. It eliminates any possibility that he cleaned up at all at Rockingham. He certainly did not clean up in the Bronco. The killer had to be a bloody mess at Bundy. He cleaned up before leaving Bundy and left no evidence of doing so anywhere? The prosecution offers no explanation for where the blood on the killer disappeared to, if it was O.J. Simpson. The killer was covered in an ocean of blood. Could he have gone anywhere at the Bundy residence without leaving a trail of blood? Where and when did he do the cleanup before getting in the Bronco. A parade of defense witnesses testified about being at or near the Bundy residence after 10:15. Francesca Harmon was there at 10:20 and saw and heard nothing. Ellen Aaronson and Dan Mandel left Mezzaluna and walked directly past the walkway at Nicole's Bundy residence at about 10:25. They saw no blood, they heard no barking dogs. A photo by police photographer Rolf Rokahr showing what could have been seen had the murders already occurred. Nicole's body was in plain view. Also, blood flowed down the walkway, Bloody paw prints went southbound on Bundy. Denise Pilnak lived across the street. A guest, Judy Telander left Pilnak's house at about 10:24 and Pilnak that it was very quiet. Pilnak said she called her mother as soon as she went back inside. Her phone records placed the call at 10:25. She said the quiet continued for at least another 10 minutes, or until about 10:35 p.m. Robert Heidstra was out walking his dogs. Just like Denise Pilnak, he recall the barking starting at 10:35 p.m. While in the alleyway, east of 875 South Bundy, he hears a voice yell, "Hey, hey, hey," and then heard a gate slam. He then, about 10:40 or 10:45, he saw a white vehicle he described as a van or a jeep. The prosecution knew of, but did not call these witnesses. Kato Kaelin had testified the thumps were at about 10:40 to 10:45. By the time the defense got done with the timeline, the prosecution needed to perform emergency emergency resuscitation their timeline. The killer could not leave Bundy and thump on Kato's wall at the same time. Det. Vanatter did a test drive to measure the time needed to get from Nicole's to O.J.'s place. It was six (6) minutes. If the murders happened at 10:35, and the struggle took about five (5) minutes, the killer left around 10:40 or later, agreeing with the 10:40 to 10:45 sighting of a white van or jeep. If the killer was O.J., and he jumped in the Bronco as a bloody mess, he would barely make it within the timeline. However, he is left with no time to clean up, he is a bloody mess in the Bronco, he is a blody mess at Rockingham, and he is a bloody mess on the way to Chicago. Remember that they checked the drains at Rockingham for blood. None was found. The first mention of 10:52 was in the testimony of limo driver Allan Park on January 24, 1995. Allan Park heard his phone ring at 10:52. That is fixed by phone records. He testifies that aftger he talked to his boss for three (3) minutes, he saw Kato with his flashlight. Arithmetic suggests that time was 10:55. Nearly at the same time, but after seeing Kato, Allan Park noticed a man, presumably O.J. Simpson proceed up the walkway and enter the house. That would be about 10:55 or 10:56. In Marcia Clark's closing argument, based on this, she placed the thumps at 10:52 and the sighting of Kato Kaelin at 10:54, and the sighting of O.J. Simpson at 10:54. With Marcia Clark, 10:52 plus :03, plus a little more is 10:54. The timeline had to be adjusted later to make it physically possible for O.J. to get there. And it had to be adjusted earlier than the Allan Park testimony and phone records would indicate, to make it physically possible for O.J. to bring out all his bags and get in the limo and be on his way shortly after 11:00. So, right after thumps, Kato comes out with his flashlight. At the same time, presumably O.J. is observed walking up the driveway and entering the front door. Where is the trail of blood? When did he have an opportunity to get rid of all the blood and leave no trace of doing so? And how did he take the drive in the Bronco and leave only seven-tenths (7/10) of one drop of blood on the console? There was a speck of something that may have been blood outside near the door handle. Was O.J. chipping golfballs before he walked up and entered the house? Or did he kill two people at Bundy, nearly beheading one of them from the front while cutting both carotid arteries, then almost immediately jump in the Bronco which was mistaken for a van or a jeep, rush to Rockingham, jump the fence because opening the gate would have been too easy for his arthritic self, bang on Kato's wall, and then walk up to the house, and depart minutes later, without leaving a massive trail of blood? The prosecution theory of the case, and it's timeline, are broken. It's a dog that just won't hunt. The emergency repair, adjusting the time of the thumps to 10:52 in closing argument, really does not work. [Marcia Clark, Opening Statement, January 25, 1995] [Marcia Clark Closing Argument, 26 Sep 1995] [Johnnie Cochran, Closing argument, September 27, 1995) But having said the Defense doesn't have to prove anything in this case, we did in fact. So Mr. Darden can talk all he wanted to about his theories about motive. They're just that, his speculative theories about motive. But when it came down to the end, he wasn't talking about motive, was he? He was trying to talk about our time line. Why would he do that? Let's talk about why he would. Because the Defense in this case called many witnesses who corroborated each other and who shattered the Prosecution's time line. Now, these are witnesses to a person who were known by the Prosecution, but discarded by the Prosecution. Why? Because they didn't fit their tortured, narrow window of opportunity. So when you invisualize for me that jig-saw puzzle where they want to reduce this case down to a jig-saw puzzle, the part that deals with opportunity is the time line. And we're going to start off with that because in a search for truth, let's look for the truth. Not some contorted, twisted truth, but the real truth, the facts that you heard during the course of this particular case. We think after you look at this time line for the Defense, you will agree with our earlier analysis. This is a case about a rush to judgment, a case where there's been obsession to win at all costs, and in the words of Dr. Henry Lee, something is wrong with the Prosecution's case.
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#5. To: misterwhite (#2)
Did you know that a jury can also convict a defendant if the jury disagrees with the law? Yes they can. The jury has the final word, one way or the other.
#8. To: Pinguinite (#5)
"Uhhh... That's not completely true, actually. Judges have the power to vacate jury convictions, but not jury acquittals."
#14. To: misterwhite (#8)
#16. To: Pinguinite (#14)
"I see no reason why juries should not openly have nullification power explained to them."
#19. To: misterwhite (#16)
I agree. IF both types of nullification are explained to them:
#21. To: Pinguinite (#19)
"Given that convictions require unanimous agreement, and given that jurists are initially screened to ensure they have no personal relations with the accused, and given the average person would be willing to judge a stranger fairly, I would be inclined to accept your terms."
#23. To: misterwhite (#21)
The jury would be allowed give police testimony more weight than others who testify.
#25. To: Pinguinite (#23)
"You are trying very hard to get people to say that jury nullification would be a disaster."
#28. To: misterwhite (#25)
My only point was that if you're going to instruct the jury on nullification acquittal then, to be fair and complete, you should also instruct the jury on nullification conviction.
As to whether or not nullifying laws that someone is accused of violating would be a disaster, that depends on the law in question. Put a Muslim on a jury and he may nullify a spousal abuse law. A Christian may nullify a gay rights law.
Jurors are not supposed to write the laws. If the law is bad or unfair, there are ways to handle that outside a jury room.
#42. To: Pinguinite, nolu chan (#28)
"Nullification serves as a test of the law itself"
#83. To: misterwhite (#42)
You don't know that. Jurors are not required to fill out a questionairre describing the reasons the voted the way they did.
Was OJ acquitted because the law against murder was unfair?
#89. To: nolu chan (#83)
"OJ was acquitted because the prosecutiion failed miserably to prove, beyond a reasonable doubt, that OJ committed the crime."
#94. To: misterwhite (#89)
The OJ trial was the poster child for jury nullification.
#106. To: nolu chan (#94)
The evidence was not presented to sustain a conviction.
#119. To: misterwhite (#106)
101 PIECES OF EVIDENCE THAT PROOVE O.J. SIMPSON MURDERED NICOLE:
1. Nicole's pet dog Kato, a ferocious Akita, did not attack the killer, suggesting the murderer was someone who the dog knew, such as OJ.
#120. To: nolu chan (#119)
"Pick one out from the laundry list that you feel is strong, or strongest, and I will take it on."
#186. To: misterwhite (#120)
#188. To: nolu chan (#186)
"Ron Goldman drove Nicole's Ferrari."
#193. To: misterwhite (#188)
By the way, Nicole purchased those gloves three years before she even met Ron Goldman.
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. 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. [11528]
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.
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?
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?
#202. To: nolu chan (#193)
The gloves used paper thin leather. They would not keep hands warm in New York or Chicago in winter.
#209. To: misterwhite (#202)
#202. To: nolu chan (#193)
The gloves used paper thin leather. They would not keep hands warm in New York or Chicago in winter.
The left-hand glove found at Nicole’s home and the right-hand glove found at OJ’s home prove to be a match. They also prove to be Simpson’s size (despite Simpson’s theatrics in court, pretending that the glove did not fit). Even though Simpson claimed under oath that he did not own a pair of Aris Isotoner gloves, several media pictures emerged showing Simpson wearing these exact gloves.
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Oh, here they are:
[18774]
#213. To: nolu chan (#209)
The expert could not unequivocally say the gloves in the pictures were Aris gloves at all.
#218. To: misterwhite (#213)
The expert could not unequivocally say the gloves in the pictures were Aris gloves at all.
[18773]
#223. To: nolu chan (#218)
"He could not unquivocally identify the glove in the pictures as an Aris glove."
#226. To: misterwhite (#223)
"He could not unquivocally identify the glove in the pictures as an Aris glove."
MR. BLASIER: Did you tell us yesterday that what you meant by that sentence is what it says, that you could--that in your opinion, these were the Aris style gloves?
[18773]
He didn't see anything to make him think it wasn't an Aris glove.
#227. To: nolu chan (#226)
"was to prove that the O.J. Simpson jury had sufficient evidence before it to return a verdict of guilty."
#229. To: misterwhite (#227)
No. They had to present evidence beyond a reasonable doubt. You're trying to set a new standard where if the prosecution can cause any doubt whatsoever the evidence should be ignored.
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[4757]
[6758]
[6759]
03 Q When you saw that glove, did it have some
04 significance to you?
05 A Yes. It looked very similar to the glove
06 that I observed on Bundy hours before.
07 Q And based on that observation, sir, what did
08 you do?
09 A I looked at it a little closer. I noted that
10 it did not match the terrain.
11 As you can see, there's a lot of dirt and
12 leaves. This glove was not dirty in the least. It
13 looked a little sticky and moist. Two fingers were
14 stuck to the glove. It looked like it was stuck there
15 with some type of a liquid.
16 I didn't touch it. I went past the air
17 conditioning duct that you can see in photo 'A', and as
18 soon as I went past that air conditioning duct, looking
19 for the person that might have dropped this glove,
20 thinking that they were farther down the walkway, I ran
21 into spider webs immediately. [4141]
[4284]
[4045]
#231. To: nolu chan (#229)
"failed to show that the gloves purchased by Nicole Simpson were ever given to, or worn by, O.J. Simpson."
-- The gloves she purchased were a size XL. (OJ wore a size XL.)
-- They were of a fine leather, cashmere-lined, and expensive. Something a celebrity like OJ would wear.
-- OJ was pictured wearing gloves that sure did look like the ones she purchased.
-- One glove, identical to the glove she purchased, was found at the crime scene.
-- The matching glove was found at OJ's house.
-- The original gloves Nicole purchased were never produced at trial as a defense exhibit.
Replies to Comment # 231. Well, let's see:
-- She was married to OJ when she bought the gloves.
-- The gloves she purchased were a size XL. (OJ wore a size XL.)
-- They were of a fine leather, cashmere-lined, and expensive. Something a celebrity like OJ would wear.
-- OJ was pictured wearing gloves that sure did look like the ones she purchased.
-- One glove, identical to the glove she purchased, was found at the crime scene.
-- The matching glove was found at OJ's house.
-- The original gloves Nicole purchased were never produced at trial as a defense exhibit.-- She was married to OJ when she bought the gloves.
MR. DARDEN: Now, does the sales receipt indicate the size of the glove?
-- The gloves she purchased were a size XL. (OJ wore a size XL.)
-- They were of a fine leather, cashmere-lined, and expensive. Something a celebrity like OJ would wear.
OJ was pictured wearing gloves that sure did look like the ones she purchased.
-- One glove, identical to the glove she purchased, was found at the crime scene.
-- The matching glove was found at OJ's house.
-- The original gloves Nicole purchased were never produced at trial as a defense exhibit.
Now, based on the totality of that evidence, isn't it reasonable to assume those gloves were given to, and worn, by OJ?
Oh, sure. It IS possible that Nicole bought those gloves for some unknown boyfriend ... who also wore a size XL.
IF THE CIRCUMSTANTIAL EVIDENCE AS TO ANY PARTICULAR COUNT IS SUSCEPTIBLE OF TWO REASONABLE INTERPRETATIONS, ONE OF WHICH POINTS TO THE DEFENDANT'S GUILT AND THE OTHER TO HIS INNOCENCE, YOU MUST ADOPT THAT INTERPRETATION WHICH POINTS TO THE DEFENDANT'S INNOCENCE AND REJECT THAT INTERPRETATION WHICH POINTS TO HIS GUILT.
And that the real killer coincidentally wore a size XL and shopped at the same store Nicole did and had a taste for rare expensive gloves to wear to a murder.
And that the glove at OJ's house was planted by someone who knew that OJ wore a size XL and didn't have an alibi.
[4141]
[4284]
And that OJ threw away the gloves given to him by Nicole.
Yes. I will grant you that all of this is possible. But which scenario is reasonable?
IN THE MEANTIME, JUST BEFORE KATO CAME OUT ONTO THE SIDE YARD, ALLAN PARK WAS STANDING AT THE ASHFORD GATE RINGING THE BUZZER, STILL GETTING NO ANSWER. FINALLY HE HEARD THE CAR PHONE RINGING INSIDE HIS CAR AND IT WAS 10:52. HE HAD STILL RECEIVED NO ANSWER TO THE BUZZING AT THE ASHFORD GATE, GOT BACK INTO THE CAR AND SPOKE TO HIS BOSS, TELLING HIS BOSS "I DON'T THINK ANYBODY IS HOME. WHAT SHALL I DO?" HIS BOSS TOLD HIM TO WAIT A LITTLE LONGER. AND WHEN HE HAD BEEN SPEAKING TO HIS BOSS FOR THREE MINUTES HE SAW KATO COMING OUT THE SIDE YARD WITH HIS LITTLE FLASHLIGHT. ALMOST SIMULTANEOUSLY SEEING KATO IN THE SIDE YARD, HE SAW A PERSON SIX FOOT TALL, 200 POUNDS, WEARING ALL DARK CLOTHING, AFRICAN AMERICAN, WALK QUICKLY UP THE DRIVEWAY AND INTO [T]HE FRONT DOOR ENTRANCE. IMMEDIATELY AS THAT PERSON ENTERED THE HOUSE THE DOWNSTAIRS LIGHTS WENT ON.
THINK I CAN GUARANTEE THAT. WITH RESPECT TO THE TIMING, THE EVIDENCE WILL SHOW THAT ON THE NIGHT OF JUNE THE 12TH, 1994, THE DEFENDANT HAD AN HOUR AND 10 MINUTES OF TIME IN WHICH HIS WHEREABOUTS ARE UNACCOUNTED FOR. AND WE WILL SHOW THAT IT WAS DURING THAT HOUR AND 10 MINUTES THAT THE MURDERS WERE COMMITTED. AND SO THE EVIDENCE WILL PROVE THAT KATO LAST SAW THE DEFENDANT ON THE NIGHT OF JUNE THE 12TH AT 9:35 AT THE LATEST, HE DID NOT SEE THE DEFENDANT AGAIN UNTIL 10 -- EXCUSE ME -- AFTER 11:00 O'CLOCK. IN BETWEEN THOSE TWO TIMES, AT 10:15, A DOG IS HEARD BARKING THAT THE EVIDENCE WILL SHOW WAS NICOLE'S DOG, WHICH FIXES THE TIME AT WHICH THE MURDER OCCURRED. AT 10:45, KATO HEARD THUMPS ON HIS WALL. AND SHORTLY AFTER 11:00, HE SAW THE DEFENDANT. AN HOUR AND 10 MINUTES DURING WHICH THE MURDER OCCURRED -- MURDERS OCCURRED IN WHICH THE DEFENDANT'S WHEREABOUTS ARE UNACCOUNTED FOR. I'LL COME BACK TO THAT POINT.
Now, let go back to Kato for a moment. Let's--concerning those thumps and when they happened. Kato said that he hung up from his call with Rachel pretty quickly after he heard the thumping. He estimated for you two to three minutes. Now, with Allan's cell phone call bill we can be very, very precise when that was. He indicated that he went out to investigate the noises, hung up with Rachel, went out to investigate two to three minutes after he heard the thumping. Allan told you he saw Kato and the Defendant at--I'm saying he is the Defendant. He said the man that looked like the Defendant. You understand I'm talking about what we know based on all of the evidence, that it was him. 10:54 he saw Kato approximately, because it was at the same time he saw the Defendant. And he hung up thirty seconds after seeing him walk in the house and after seeing Kato on the side yard, so at 10:54 Kato was out in the side yard. Hearing the thumping noises two to three minutes before, that means that he heard the thumping on his wall at 10:51 to 10:52. So what we have, about two minutes after the thumping, the Defendant was walking up--was walking into his house from the driveway and Kato out in the side yard. In other words, we have the thumping, and Kato walking out and the Defendant walking around at the same time and the thumping happened very shortly, what is it, within half an hour of the murders. And the Defense would have you believe, ladies and gentlemen, that the Defendant's appearance on the driveway just two minutes after the thumping on Kato's wall is a coincidence and the Defense would have you believe that the thumping and the appearance of that glove, the Defendant's glove, were unrelated events. And the thumps themselves, just think about that. Regardless of where or how they happened, just the fact that they happened shortly after the murders at the Defendant's house and just before the Defendant walked up his driveway in dark clothing, like the dark blue or black sweat outfit that Kato described, you just put those facts together and you realize what has happened. The Defendant came back from Bundy in a hurry. Ron Goldman upset his plans and things took a little longer than anticipated. He ran back behind the house, that dark narrow south pathway--you all saw it. You were there in daytime. But imagine how dark it is at night--that dark, narrow south pathway thinking he could get rid of the glove, the knife, in that dirt area in the back. You recall back behind the guest houses there is a dirt area, just all dirt, not very well tended, but he was in a hurry. He was moving quickly down a dark narrow pathway overhung with trees, strewn with leaves, and in his haste he ran right into that air conditioner that was hanging over that south pathway and running into that air conditioner caused him to fall against the wall, making the wall of Kato's room shake. You recall that air conditioner. It was hanging low. You had to stoop to get down under it. And if you are in a hurry and you are not looking where you are going in that dark, narrow pathway, you can see how it can easily happen how someone in a hurry can do that. And it was just as simple as that. Simple common sense tells you that the thumping, the glove and the Defendant's appearance on the driveway almost immediately thereafter are all part of one set of events, all connected in time and space. You don't need science to tell you that; you just need reason and logic.
I said earlier that Mr. Darden did a good job in his argument, but one thing he tended to trip over and stumble over was when he started to talk about our case. He doesn't know our case like we know our case. It was interesting, wasn't it, because first he stood up and started talking about the time line being at 10:15. Then he said, well, they didn't prove anything, but, "Golly, well, it may have been as late as 10:30." That's interesting, isn't it? Never heard that before. You look back and see what Miss Clark promised you a year ago. 10:15. 10:15 was all they talked about, and they were going to use, because of the incompetence of this investigation, the wail of a dog. So that's what we've been relegated to in this case because of this very, very important investigation.
End Trace Mode for Comment # 231.
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