WEBVTT
1
00:00:03.200 --> 00:00:14.279
Caalarogashark Media. This is Reed Carter, Sunday, September twenty eighth,
2
00:00:14.320 --> 00:00:18.640
twenty twenty five, Day three of eight days of OJ.
3
00:00:19.480 --> 00:00:24.039
We're examining. March nineteen ninety five The month everything changed.
4
00:00:24.519 --> 00:00:27.839
The month the prosecution stopped being the prosecution and became
5
00:00:27.879 --> 00:00:31.320
the defense. The month Mark Furman stopped being a detective
6
00:00:31.359 --> 00:00:34.840
and became a defendant. The month the LAPD stopped being
7
00:00:34.840 --> 00:00:39.520
investigators and became conspirators. March nineteen ninety five was when
8
00:00:39.520 --> 00:00:42.880
this trial flipped upside down. When the people who found
9
00:00:42.920 --> 00:00:45.759
the evidence became more suspect than the man who left it,
10
00:00:46.320 --> 00:00:49.920
when collecting blood became more suspicious than spilling it, When
11
00:00:50.000 --> 00:00:53.679
saying racial slurs became worse than committing double murder. This
12
00:00:53.799 --> 00:00:58.520
is the month Johnny Cochrane's strategy crystallized into pure genius
13
00:00:59.000 --> 00:01:03.000
or pure evil, depending on your perspective. Instead of defending
14
00:01:03.039 --> 00:01:07.959
OJ Simpson, he prosecuted the Los Angeles Police Department. Instead
15
00:01:07.959 --> 00:01:11.040
of explaining away evidence, he explained away the people who
16
00:01:11.120 --> 00:01:16.239
collected it. And it worked. Dear God, it worked. Thirty
17
00:01:16.280 --> 00:01:20.599
one days of watching the justice system cannibalize itself. Thirty
18
00:01:20.599 --> 00:01:25.480
one days of watching reasonable doubt become unreasonable paranoia. Thirty
19
00:01:25.519 --> 00:01:29.079
one days of watching two murder victims disappear while their
20
00:01:29.159 --> 00:01:33.079
killer became the victim of police misconduct. I'm Red Carter.
21
00:01:33.519 --> 00:01:36.200
This is day three of eight days of OJ. Welcome
22
00:01:36.239 --> 00:01:39.519
to the month the LAPD went on trial for OJ
23
00:01:39.680 --> 00:01:47.799
Simpson's murders March nineteen ninety five. Thirty one days that
24
00:01:47.840 --> 00:01:50.799
transformed Mark Furman from the detective who solved the case
25
00:01:51.040 --> 00:01:53.879
into the racist who destroyed it. Thirty one days that
26
00:01:53.959 --> 00:01:58.280
turned evidence collection into evidence planting. Thirty one days that
27
00:01:58.400 --> 00:02:00.760
proved you don't need to be innocent to be acquitted.
28
00:02:01.120 --> 00:02:03.760
You just need the police to be flawed. And let
29
00:02:03.840 --> 00:02:08.719
me tell you something about Mark Furman. He was flawed, deeply, horribly,
30
00:02:09.080 --> 00:02:13.840
inexcusably flawed. But that doesn't make OJ Simpson innocent of murder.
31
00:02:14.120 --> 00:02:16.360
It just makes the case more complicated than it should
32
00:02:16.400 --> 00:02:20.879
have been. March began with Mark Furman as the prosecution's
33
00:02:20.919 --> 00:02:24.719
star witness, the detective who found the bloody glove at Rockingham,
34
00:02:25.039 --> 00:02:28.360
the investigator who connected the crime scenes, the cop who
35
00:02:28.439 --> 00:02:30.960
built the case that should have sent O. J. Simpson
36
00:02:31.000 --> 00:02:34.319
to death. Row Furman took the stand March ninth and
37
00:02:34.439 --> 00:02:40.120
initially he was perfect, professional, detailed, methodical. He walked the
38
00:02:40.199 --> 00:02:43.879
jury through his investigation step by step, how he arrived
39
00:02:43.879 --> 00:02:47.280
at Bundy Drive, how he processed the crime scene, how
40
00:02:47.280 --> 00:02:49.400
he noticed the trail of blood, how he went to
41
00:02:49.520 --> 00:02:53.199
Rockingham to notify oj about Nichole's death. How he found
42
00:02:53.199 --> 00:02:56.199
the bloody glove on the pathway behind Ojay's house. That
43
00:02:56.280 --> 00:03:00.159
glove was everything, the match to the glove found at Bundy,
44
00:03:00.639 --> 00:03:04.240
soaked in blood from both victims, hidden in a location
45
00:03:04.400 --> 00:03:08.000
only someone familiar with OJ's property would know. It was
46
00:03:08.039 --> 00:03:10.599
the physical link between the killer and the crime scene
47
00:03:10.639 --> 00:03:14.639
that should have ended any reasonable doubt. But Furman's testimony
48
00:03:14.639 --> 00:03:18.719
about finding that glove was too perfect, too convenient, too
49
00:03:18.800 --> 00:03:21.680
much like what the prosecution needed to close their case
50
00:03:22.280 --> 00:03:27.520
and f lee. Bailey smelled blood in the water March fifteenth,
51
00:03:28.159 --> 00:03:31.719
the cross examination that changed everything. Bailey stands up and
52
00:03:31.759 --> 00:03:36.240
asks Furman one simple question, Detective Furman, have you used
53
00:03:36.240 --> 00:03:39.800
the word nigger in the past ten years? The courtroom
54
00:03:39.840 --> 00:03:43.560
goes silent. Judge Eto should have shut this down immediately.
55
00:03:44.240 --> 00:03:47.400
This question has nothing to do with evidence collection or
56
00:03:47.439 --> 00:03:53.360
investigative procedures. Its pure character assassination designed to inflame racial tensions,
57
00:03:53.719 --> 00:03:57.439
but Itto allows it, and Furman, looking directly at the jury,
58
00:03:57.680 --> 00:04:00.400
says no, he has never used that word in the
59
00:04:00.400 --> 00:04:03.639
past ten years. That lie, and we now know it
60
00:04:03.680 --> 00:04:06.159
was a lie handed Johnny cochran the race card on
61
00:04:06.199 --> 00:04:09.199
a silver platter. It gave the defense everything they needed
62
00:04:09.199 --> 00:04:13.000
to transform Mark Furman from witness into villain, from investigator
63
00:04:13.039 --> 00:04:16.160
into conspirator, from copp into racist who would frame an
64
00:04:16.199 --> 00:04:19.240
innocent black man? And here's what I think happened in
65
00:04:19.279 --> 00:04:22.720
that moment. I think Furman panicked. He knew he'd used
66
00:04:22.800 --> 00:04:25.439
racial slurs, he knew there might be evidence of it,
67
00:04:25.839 --> 00:04:28.519
but he also knew that admitting to being racist would
68
00:04:28.519 --> 00:04:32.360
destroy his credibility and possibly the entire case. So he
69
00:04:32.439 --> 00:04:37.040
lied under oath in front of twelve jurors who would
70
00:04:37.120 --> 00:04:40.480
soon learn that he lied, and that lie became more
71
00:04:40.519 --> 00:04:45.279
important to the jury than any evidence he'd collected. Bailey
72
00:04:45.399 --> 00:04:49.279
wasn't done. He pressed Furman about his racial attitudes, about
73
00:04:49.279 --> 00:04:53.240
his views on interracial relationships, about his feelings toward O. J.
74
00:04:53.480 --> 00:04:58.240
Simpson Specifically, each question designed to plant the idea that
75
00:04:58.279 --> 00:05:02.120
Furman wasn't just investigating a crime, he was targeting a
76
00:05:02.160 --> 00:05:06.360
black celebrity. The prosecution should have objected to every single
77
00:05:06.439 --> 00:05:09.879
one of these questions. Should have argued that Furman's personal
78
00:05:09.959 --> 00:05:13.959
views were irrelevant to the physical evidence he found. Should
79
00:05:14.000 --> 00:05:17.000
have reminded the jury that racist cops can still find
80
00:05:17.120 --> 00:05:21.839
real evidence of actual crimes. Instead, they let Bailey turn
81
00:05:21.879 --> 00:05:25.519
their star witness into the defense's star villain. They watched
82
00:05:25.519 --> 00:05:28.720
their detective become the defendant while their defendants sat at
83
00:05:28.759 --> 00:05:32.000
the defense table looking like the victim. But March brought
84
00:05:32.000 --> 00:05:36.360
worse news for the prosecution. Barryshk began his systematic destruction
85
00:05:36.480 --> 00:05:41.319
of the LAPD's evidence collection procedures. Dennis Fung, the criminalist
86
00:05:41.360 --> 00:05:44.839
who collected the blood evidence, took the stand March twentieth.
87
00:05:45.399 --> 00:05:49.439
Fung should have been the prosecution's scientific expert who explained
88
00:05:49.480 --> 00:05:53.959
how blood evidence proved Ojay's guilt beyond any doubt. Instead,
89
00:05:54.319 --> 00:05:57.920
Sheck turned him into a bumbling incompetent who couldn't handle
90
00:05:57.959 --> 00:06:03.279
evidence properly and couldn't remember basic procedures. Shek's cross examination
91
00:06:03.360 --> 00:06:07.759
of Fung lasted for days, days of microscopic examination of
92
00:06:07.839 --> 00:06:13.040
every collection technique, every storage procedure, every chain of custody, protocol.
93
00:06:13.920 --> 00:06:17.560
Shek wasn't disputing what the evidence showed. He was disputing
94
00:06:17.600 --> 00:06:21.160
whether the evidence could be trusted. Did Fung collect all
95
00:06:21.199 --> 00:06:25.120
the blood drops at Bundy? No, Some were collected later
96
00:06:25.160 --> 00:06:30.439
by other technicians. Did Fung properly refrigerate all samples, not
97
00:06:30.560 --> 00:06:33.000
all of them, Some sat in a truck for hours.
98
00:06:33.959 --> 00:06:38.480
Did Fung follow every protocol exactly? No, there were minor
99
00:06:38.519 --> 00:06:42.439
deviations from standard procedures. None of these issues affected the
100
00:06:42.480 --> 00:06:46.279
reliability of the DNA testing. None of these mistakes would
101
00:06:46.360 --> 00:06:50.079
cause false positive results, but Shech made them sound like
102
00:06:50.160 --> 00:06:54.720
catastrophic failures that rendered all evidence meaningless. And watching this
103
00:06:54.800 --> 00:06:58.439
cross examination thirty years later, I can see exactly what
104
00:06:58.519 --> 00:07:02.120
Shek was doing. He was creating a narrative of incompetence
105
00:07:02.360 --> 00:07:05.399
that would justify any level of doubt about any piece
106
00:07:05.439 --> 00:07:09.519
of evidence. If the LAPD couldn't collect blood properly, how
107
00:07:09.519 --> 00:07:13.560
could they be trusted with anything? But the real bombshell
108
00:07:13.600 --> 00:07:17.759
came when Sheck introduced the EDTA theory. Ed Eta is
109
00:07:17.800 --> 00:07:21.160
a preservative used in laboratory test tubes to prevent blood
110
00:07:21.160 --> 00:07:24.319
from clotting. Sheck suggested that the blood found at the
111
00:07:24.360 --> 00:07:28.000
crime scenes contained E Dta which would mean it came
112
00:07:28.000 --> 00:07:31.560
from test tubes rather than fresh wounds. In other words,
113
00:07:31.560 --> 00:07:34.839
shek was arguing that someone took blood from OJ's reference
114
00:07:34.879 --> 00:07:38.160
sample and planted it at Bundy and Rockingham to frame him.
115
00:07:38.639 --> 00:07:43.439
Not just contamination, not just mishandling, deliberate evidence planting by
116
00:07:43.439 --> 00:07:48.519
the LAPD. This was insane. The logistics of planting blood
117
00:07:48.519 --> 00:07:53.160
evidence at multiple crime scenes, coordinating with multiple officers, and
118
00:07:53.240 --> 00:07:57.560
maintaining the conspiracy through months of investigation would require a
119
00:07:57.680 --> 00:08:02.639
level of competence the lap D had never demonstrated. But
120
00:08:02.720 --> 00:08:05.639
it didn't matter if it was logical. It only mattered
121
00:08:05.639 --> 00:08:08.759
if it created doubt and the idea that racist cops
122
00:08:08.800 --> 00:08:12.920
would frame a black celebrity that played perfectly with this jury.
123
00:08:13.319 --> 00:08:17.040
The prosecution should have demolished the DTA theory, should have
124
00:08:17.079 --> 00:08:22.120
called experts to explain that EDTA testing was unreliable. Should
125
00:08:22.120 --> 00:08:25.439
have pointed out that planting evidence would require multiple officers
126
00:08:25.439 --> 00:08:28.199
to risk their careers to frame someone they'd never shown
127
00:08:28.279 --> 00:08:32.080
any interest in before the murders. Instead, they got bogged
128
00:08:32.120 --> 00:08:35.519
down in technical arguments about blood chemistry, while the defense
129
00:08:35.679 --> 00:08:40.720
sold conspiracy theories to a jury that wanted to believe them.
130
00:08:40.960 --> 00:08:43.679
March also brought the beginning of the end for any
131
00:08:43.720 --> 00:08:47.120
focus on the actual victims. The more time spent on
132
00:08:47.240 --> 00:08:51.240
police misconduct, the less time spent on Nicole Brown Simpson
133
00:08:51.279 --> 00:08:55.759
and Ronald Goldman. The more attention paid to LAPD procedures,
134
00:08:56.080 --> 00:08:59.120
the less attention paid to who killed two innocent people.
135
00:09:00.000 --> 00:09:03.000
I think this was Cochrane's most brilliant and most evil strategy.
136
00:09:03.559 --> 00:09:06.279
He made the jury forget about the victims. He made
137
00:09:06.320 --> 00:09:09.639
them care more about police racism than about murder. He
138
00:09:09.759 --> 00:09:13.159
transformed two people who'd been brutally slaughtered into footnotes in
139
00:09:13.240 --> 00:09:17.600
a story about police corruption. By March thirty first, the
140
00:09:17.639 --> 00:09:21.440
prosecution's case was in ruins not because their evidence was
141
00:09:21.480 --> 00:09:25.519
weak their evidence was overwhelming, but because their evidence had
142
00:09:25.559 --> 00:09:29.440
been collected by flawed people using imperfect procedures, and the
143
00:09:29.519 --> 00:09:34.000
defense had convinced the jury that flawed procedures meant fabricated evidence.
144
00:09:34.519 --> 00:09:37.919
Mark Furman's lie about using racial slurs became more important
145
00:09:37.960 --> 00:09:41.639
than the bloody glove he found. Dennis Fung's imperfect collection
146
00:09:41.759 --> 00:09:46.000
techniques became more suspicious than OJ's blood at the crime scene.
147
00:09:46.039 --> 00:09:49.919
The LAPD's history of misconduct became more relevant than OJ's
148
00:09:49.960 --> 00:09:54.720
history of abusing Nicole. March nineteen ninety five was the
149
00:09:54.799 --> 00:09:58.679
month the prosecution lost control of their own case. They
150
00:09:58.720 --> 00:10:01.840
came to court expecting to to present evidence, and instead
151
00:10:01.879 --> 00:10:05.600
found themselves defending the police department. They thought they were
152
00:10:05.639 --> 00:10:09.879
prosecuting a murderer, and instead found themselves explaining why witnesses
153
00:10:09.919 --> 00:10:13.919
shouldn't be believed and evidence shouldn't be trusted. The defense
154
00:10:13.960 --> 00:10:18.159
didn't prove OJ Simpson was innocent. They proved the LAPD
155
00:10:18.440 --> 00:10:23.000
was imperfect, and apparently, in nineteen ninety five Los Angeles,
156
00:10:23.519 --> 00:10:27.759
imperfect police work was worse than perfect murder. Thirty one
157
00:10:27.879 --> 00:10:31.519
days of watching the justice system forget its purpose, thirty
158
00:10:31.559 --> 00:10:35.440
one days of watching procedure matter more than truth, thirty
159
00:10:35.480 --> 00:10:38.960
one days of watching two murder victims disappear while their
160
00:10:39.039 --> 00:10:45.120
killer became the victim of police misconduct. We'll be right
161
00:10:45.200 --> 00:10:47.960
back with how March nineteen ninety five set the stage
162
00:10:48.000 --> 00:10:51.559
for April's complete transformation of this case from murder trial
163
00:10:51.840 --> 00:11:06.879
to racial referendum. Welcome back to day three of eight
164
00:11:06.919 --> 00:11:10.279
days of OJ. I'm reed, Carter, and we're examining how
165
00:11:10.320 --> 00:11:13.720
March nineteen ninety five turned the Los Angeles Police Department
166
00:11:13.759 --> 00:11:18.720
into defendants in their own investigation what really happened in March.
167
00:11:19.320 --> 00:11:23.240
The defense executed the most brilliant legal strategy we've ever seen,
168
00:11:23.759 --> 00:11:27.080
or the most cynical manipulation of racial tensions in American
169
00:11:27.159 --> 00:11:31.759
legal history, probably both. Johnny Cochrane didn't need to prove
170
00:11:31.879 --> 00:11:35.120
OJ Simpson was innocent. He only needed to prove the
171
00:11:35.320 --> 00:11:39.240
LAPD couldn't be trusted, and with Mark Furman's lies and
172
00:11:39.320 --> 00:11:43.600
Dennis Fung's fumbles, he had everything he needed. But let's
173
00:11:43.600 --> 00:11:46.480
talk about what the jury didn't hear in March. What
174
00:11:46.600 --> 00:11:50.639
Judge Edo kept out because it was too prejudicial, too inflammatory,
175
00:11:51.039 --> 00:11:54.799
too likely to actually convict OJ Simpson of murder. They
176
00:11:54.840 --> 00:11:58.639
didn't hear about OJ's other instances of stalking Nicole. They
177
00:11:58.639 --> 00:12:00.879
didn't hear about his threats to killer if he ever
178
00:12:00.919 --> 00:12:03.399
caught her with another man. They didn't hear about the
179
00:12:03.440 --> 00:12:07.320
pattern of escalating violence that culminated in double murder. They
180
00:12:07.360 --> 00:12:11.159
heard about blood preservatives and collection protocols. They heard about
181
00:12:11.240 --> 00:12:15.320
racial slurs and police procedures. They heard about everything except
182
00:12:15.360 --> 00:12:19.519
the most important fact in this case. OJ Simpson killed
183
00:12:19.600 --> 00:12:23.600
Nicole Brown Simpson and Ronald Goldman. And here's what frustrates me.
184
00:12:23.679 --> 00:12:28.360
Most about March nineteen ninety five. The defense's conspiracy theory
185
00:12:28.440 --> 00:12:32.240
required more leaps of logic than the prosecution's murder theory.
186
00:12:33.080 --> 00:12:35.360
Think about what you'd have to believe to accept that
187
00:12:35.519 --> 00:12:40.840
Ojy was framed. Multiple LAPD officers decided to risk their
188
00:12:40.879 --> 00:12:44.039
careers to frame a celebrity they'd never shown interest in.
189
00:12:44.679 --> 00:12:48.120
They somehow got OJ's blood and planted it at Bundy
190
00:12:48.240 --> 00:12:52.120
Drive within hours of the murder. They planted more blood
191
00:12:52.120 --> 00:12:55.159
in his broncho, and at his house. They planted a
192
00:12:55.240 --> 00:12:59.639
matching glove in the perfect location. They coordinated this conspiracy
193
00:12:59.720 --> 00:13:03.879
with out leaving any evidence of the conspiracy itself. All
194
00:13:03.919 --> 00:13:06.440
this to frame a man who had no alibi, whose
195
00:13:06.480 --> 00:13:09.440
blood was legitimately at the crime scene, who had motive
196
00:13:09.480 --> 00:13:12.879
and opportunity, who was acting suspiciously, and who had a
197
00:13:12.960 --> 00:13:15.879
history of violence toward one of the victims. Compare that
198
00:13:15.960 --> 00:13:19.960
to the prosecution's theory. O. J. Simpson, who had beaten
199
00:13:20.039 --> 00:13:23.399
Nicole before, killed her and Ron when he found them together.
200
00:13:24.039 --> 00:13:26.919
He left blood evidence because he was bleeding from cuts
201
00:13:26.919 --> 00:13:31.000
sustained during the struggle. He acted suspiciously because he was guilty,
202
00:13:31.559 --> 00:13:35.440
which theory requires fewer assumptions which theory fits the evidence better,
203
00:13:35.519 --> 00:13:40.240
Which theory makes more sense. But March nineteen ninety five
204
00:13:40.519 --> 00:13:42.799
proved that sense doesn't matter if you can't sell it
205
00:13:42.840 --> 00:13:45.960
to the jury. The defense sold conspiracy better than the
206
00:13:46.000 --> 00:13:49.679
prosecution sold evidence. The defense sold victim better than the
207
00:13:49.720 --> 00:13:53.360
prosecution sold justice. By the end of March, Mark Furman
208
00:13:53.519 --> 00:13:56.720
wasn't a detective who found evidence. He was a racist
209
00:13:56.919 --> 00:14:00.320
who planted it. The LAPD wasn't a police to apartment
210
00:14:00.360 --> 00:14:04.519
that solved a case. They were conspirators who manufactured one.
211
00:14:05.000 --> 00:14:08.399
OJ Simpson wasn't a defendant facing evidence, he was a
212
00:14:08.480 --> 00:14:12.879
victim facing persecution. And Nicole Brown Simpson and Ronald Goldman
213
00:14:13.399 --> 00:14:16.360
they were just the excuse for this elaborate frame job.
214
00:14:16.759 --> 00:14:20.360
Not human beings who'd been brutally murdered, not victims who
215
00:14:20.360 --> 00:14:24.240
deserved justice, just props in a story about police corruption.
216
00:14:25.960 --> 00:14:28.200
March nineteen ninety five was the month we learned that
217
00:14:28.320 --> 00:14:31.360
in celebrity justice, the defendant gets to choose what the
218
00:14:31.399 --> 00:14:34.600
case is about, and OJ Simpson, through his dream team,
219
00:14:35.039 --> 00:14:38.279
chose to make this case about everything except his guilt.
220
00:14:38.879 --> 00:14:41.840
March was also the month we learned that juries can
221
00:14:41.879 --> 00:14:45.240
be convinced to ignore evidence if they're given a better
222
00:14:45.320 --> 00:14:49.519
story to believe, and the story of racist cops framing
223
00:14:49.600 --> 00:14:53.320
an innocent black celebrity was apparently more compelling than the
224
00:14:53.360 --> 00:14:56.879
story of an abusive ex husband murdering his wife and
225
00:14:56.960 --> 00:15:00.320
an innocent bystander. The prosecution thought that they were in
226
00:15:00.320 --> 00:15:03.279
a courtroom, they were actually in a theater, and while
227
00:15:03.279 --> 00:15:06.039
they were trying to present facts, the defense was putting
228
00:15:06.080 --> 00:15:10.679
on the greatest legal performance in American history. Mark Foreman
229
00:15:10.799 --> 00:15:13.600
was a racist cop who lied under oath and handed
230
00:15:13.639 --> 00:15:16.399
Johnny Cochran the race card on a silver platter. But
231
00:15:16.440 --> 00:15:18.919
he was also the detective who found real evidence of
232
00:15:18.960 --> 00:15:23.000
actual murders committed by O. J. Simpson. Both things can
233
00:15:23.039 --> 00:15:27.840
be true. Flawed cops can solve real cases. Racist investigators
234
00:15:27.879 --> 00:15:32.759
can find genuine evidence. Imperfect procedures can still reveal perfect guilt.
235
00:15:33.279 --> 00:15:36.159
But March nineteen ninety five taught us that perfection is
236
00:15:36.240 --> 00:15:41.200
required to convict celebrities, while reasonable doubt only requires unreasonable
237
00:15:41.240 --> 00:15:45.679
theories about police conspiracies. By March thirty first, this case
238
00:15:45.720 --> 00:15:49.440
had been completely transformed. It was no longer about whether O. J.
239
00:15:49.639 --> 00:15:52.799
Simpson killed Nicole and Ron. It was about whether the