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Calirogus Shark Media. This is read Carter, Thursday, October two,
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twenty twenty five, Day seven of eight days of OJ
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we're examining. July and August nineteen ninety five. The months
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everything that could go wrong for the prosecution went catastrophically wrong.
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The months the Mark Furman tapes emerged and destroyed what
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little credibility the LAPD had left. The month's judge lance
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Eto completely lost control of his courtroom while crying over
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personal insults. The months the prosecution finally admitted defeat. Sixty
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two days of watching the justice system collapse under the
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weight of its own failures. Sixty two days of watching
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reasonable doubt become unreasonable certainty that OJ Simpson would walk free.
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July brought us the Furmin tapes, forty one uses of
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the N word from the day detective who'd sworn under
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oath he'd never used that word in ten years. August
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brought us a defense case built entirely on reasonable doubt
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and conspiracy theories that somehow seemed more believable than overwhelming
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evidence of guilt. By August thirty first, the prosecution knew
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they'd lost not just the case, but any hope that
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evidence would matter more than performance, that truth would matter
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more than narrative, that justice would matter more than sending
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a message about police racism. I'm reed, Carter. This is
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day seven of eight days of OJAY. Welcome to the
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months we watched the prosecution collapse completely and the defense
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prepare for their victory lap around the corpses of Nicole Brown,
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Simpson and Ronald Goldman. July nineteen ninety five, the month
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Mark Furman went from racist liar to the star witness
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for the defense. The month Judge Eto proved he cared
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more about his personal feelings than judicial integrity. The month
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the prosecution realized that all their evidence, all their science,
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all their proof meant nothing to a jury that had
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already decided the LAPD couldn't be trusted with a parking ticket,
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let alone a murder investigation. July began with a bombshell
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that should have been expected, but somehow still shocked everyone involved.
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The emergence of the Furman tapes. Laura Hart McKinney was
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a screenwriter working on a project about police officers between
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nineteen eighty five and nineteen ninety four. She conducted extensive
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interviews with Mark Furman, recording hours of conversations where Furman
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shared his experiences, his attitudes, and his language as an
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LAPD officer, and that language was exactly what f Lee
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Bailey had been fishing for during his cross examination months earlier.
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July fifth, the defense reveals they have these tapes, hours
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of recordings where Mark Furman uses the N word, not once,
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not twice, but forty one times. Forty one times. The
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detective who had looked directly at the jury and sworn
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he hadn't used that word in ten years, had been
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recorded using it repeatedly during the exact time period he'd denied.
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But the racial slurs were just the beginning. The tapes
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revealed Furman's attitudes toward women, minorities, and police misconduct. They
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showed a cop who bragged about violence, who described planting evidence,
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who talked about police brutality like it was a recreational activity.
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And here's what I think really happened with these tapes.
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I think the defense had known about them for months.
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I think they'd been sitting on this nuclear weapon, waiting
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for the perfect moment to detonate it. And July nineteen
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ninety five, after the prosecution had spent months building their
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case on Furman's credibility was the perfect moment. July twelfth,
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Judgedo begins reviewing the tapes to determine what the jury
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should hear. And this is where Edo's personal involvement in
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the case finally destroys any pretense of judicial neutrality. The
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tapes don't just contain Furman's racial slurs. They contain specific
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comments about Eto's wife, Captain Margaret Yorke. Furman had made
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derogatory remarks about York during his interviews with McKinney, calling
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her incompetent and making sexist comments about female officers. Judge
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Edo breaks down in chambers when he hears what Foreman
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said about his wife. He starts crying. He considers recusing
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himself again. The trial nearly collapses because the judge can't
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separate his personal feelings from his professional responsibilities. And watching
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this thirty years later, I can see exactly what's happening.
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Eto has completely lost control of his courtroom, his case,
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and himself. He's more concerned about his wife's reputation than
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about justice for Nicole and Ron. He's more worried about
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personal insults than about legal integrity. The prosecution begs Eto
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to limit what the jury hears from the tapes. They
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argue that Furman's racism, while reprehensible, doesn't change the physical
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evidence he found. They point out that racist cops can
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still find real evidence of actual crimes, but it's too late.
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The damage isn't in what the jury will hear, it's
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in what everyone already knows. Mark Furman lied under oath.
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The detective who found the most important evidence in the
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case committed perjury about his racial attitudes. July twentieth, the
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jury hears portions of the Furman tapes, not all forty
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one racial slurs, but enough to destroy any credibility Furman
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had left, enough to prove he'd lied during his testimony,
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enough to cast doubt on everything he'd found and everything
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he'd said. But the most devastating moment comes when Mark
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Furman himself is recalled to the stand. The prosecution needs
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him to explain the tapes to salvage something from the
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wreckage of his credibility. Instead, Furman takes the Fifth Amendment.
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He pleads the fifth when asked if he planted evidence.
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He pleads the fifth when asked if he falsified his
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police reports he pleaded here's the fifth when asked if
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he lied during his previous testimony. The detective who found
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the bloody glove just told the jury he couldn't answer
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questions about planting evidence without incriminating himself. The man whose
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investigation built the case against O. J. Simpson just admitted
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he might be guilty of manufacturing evidence. Game over, case closed.
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The prosecution's star witness had become the defense's best argument
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for reasonable doubt, But July brought worse news for the prosecution.
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They were exhausted. Marcia Clark looked like she'd aged ten
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years during the trial. Christopher Darden appeared defeated every time
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he stood up. The prosecution team was running on fumes,
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fighting a case they knew they were losing. July thirty, first,
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the prosecution rests their case. They've presented overwhelming evidence of
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OJ's guilt, DNA, blood, hair fibers, timeline, motive, opportunity. They've
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proved beyond any scientific doubt that OJ Simpson and killed
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Nicole Brown Simpson and Ronald Goldman. But they've also watched
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that evidence get explained away by contamination theories, conspiracy allegations,
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and police misconduct. Claims they've seen their strongest witnesses destroyed
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by defense attacks. They've realized that proving guilt isn't enough
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when the jury doesn't want to convict. August nineteen ninety
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five brought the defense case, and it was a masterclass
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in creating reasonable doubt without presenting any actual evidence of innocence.
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The defense didn't need to prove oj didn't kill Nicole
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and Ron. They only needed to prove the prosecution's evidence
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was questionable, and with Furman's perjury and the LAPDS incompetence,
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that was easy. August fifth, doctor Henry Lee takes the
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stand for the defense. Lee is one of the world's
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most respected forensic experts, and his testimony is devastating for
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the prosecution. Lee examines the blood evidence and declares that
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something wrong with the patterns at the crime scene. He
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doesn't say the evidence was planted, he's too careful for that,
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but he plants the idea that the evidence doesn't make sense,
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that the blood patterns are inconsistent with the prosecution's theory.
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This is brilliant defense strategy. Lee's reputation is unassailable, so
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when he says something is wrong, juries listen. He doesn't
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have to prove what's wrong, he just has to say
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that something doesn't add up. But August also brought some
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of the most ridiculous alternative theories in legal history. The
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defense suggested that Nicole and Ron were killed by Colombian
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drug dealers. They implied that Nicole's drug use had led
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to her murder by professional killers who just happened to
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leave evidence pointing to o Jay. This was insane. Nicole
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Brown Simpson wasn't involved with drug dealers. She wasn't killed
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by Colombian cartels. She was killed by her abusive ex
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husband who couldn't accept that she'd moved on with her life.
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But it didn't matter if the alternative theories made sense.
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They only mattered if they created doubt about Ojay's guilt,
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and with a jury that had already decided the LAPD
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couldn't be trusted, any alternative theory was more believable than
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police evidence. August also revealed the prosecution's fundamental failure to
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understand what this case had become. They kept treating it
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like a murder trial when it had become a referendum
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on police racism. They kept presenting evidence when the jury
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was more interested in sending a message. The prosecution thought
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they were in a courtroom arguing about Ojay's guilt or innocence.
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They were actually in a theater watching the defense perform
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a play about police corruption, and Nicole and Ron were
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just props in that performance. By August fifteenth, I think
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both sides knew how this would end. The defense knew
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they'd successfully transformed the case from murder trial to police
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misconduct hearing. The prosecution knew they'd lost control of the narrative,
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the evidence, and the jury. August twentieth, the defense rests
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their case. They've presented no evidence that Ojay is innocent.
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They've offered no alternative explanation for his blood at the
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crime scene. They've provided no alibi for his whereabouts during
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the murders. Instead, they've created a fog of doubt thick
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enough to hide a double murderer. They've made the jury
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more suspicious of the police than the defendant. They've turned
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reasonable doubt into unreasonable certainty that Ojay was framed. The
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prosecution had everything they needed to convict O. J. Simpson.
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DNA evidence that proved his guilt with mathematical certainty, blood
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evidence that showed his presence at the crime scene, physical
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evidence that connected him to the murders, But they didn't
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have what they really needed, a jury that cared more
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about evidence than politics, more about truth than narrative, more
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about justice than sending a message about police racism. By
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August thirty first, the evidence phase of the trial was
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over All that remained were closing arguments, jury instructions, and
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the verdict that everyone could see coming. The prosecution had
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proved O. J. Simpson was guilty beyond any reasonable doubt.
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The defense had proved that reasonable doubt was irrelevant when
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the jury had already decided what they wanted to believe.
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July and August nineteen ninety five, the months the prosecution
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collapsed completely and the defense prepared to send a double
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murderer home to freedom. We'll be right back with how
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the fem tapes and defense theories set the stage for
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September's closing arguments and October's shocking four hour deliberation that
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ignored eight months of evidence. Welcome back to day seven
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of eight days of OJ. I'm read Carter, and we're
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examining how July and August nineteen ninety five completed the
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prosecution's collapse and guaranteed oj Simpson's acquittal. What really happened
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during these two months The defense executed the final phase
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of their strategy, making Mark Ferman more important than the
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evidence he found, making police misconduct more relevant than Ojy's murders,
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making jury nullification seem like justice. The Furman tapes weren't
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just embarrassing. They were case ending, not because they proved
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oj was innocent, but because they proved the prosecution's star
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witness was alling racist who might plant evidence to frame
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black suspects. And here's what's most frustrating about the Furman disaster.
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It was completely predictable and completely avoidable. We'd been covering
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police misconduct cases for years before this trial. We knew
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the LAPD had credibility problems. We knew Foreman's background would
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be scrutinized. The prosecution should have anticipated this, should have
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prepared for attacks on Furman's character, should have built their
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case in a way that didn't depend entirely on the
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credibility of one detective. Instead, they put all their eggs
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in the Furman basket and watched that basket get destroyed
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by the defense's preparation and Furman's own racism. But July
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and August also revealed something else. How completely the defense
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had succeeded in changing what this case was about. By August,
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the jury wasn't asking whether OJ killed Nicole and Ron.
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They were asking whether they could trust any evidence presented
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by the LAPD, and the answer was clearly no. They
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couldn't trust Furman because he'd lied about his racism. They
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couldn't trust the evidence collection because it was sloppy. They
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couldn't trust the DNA testing because it might be contaminated.
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They couldn't trust anything that came from a police department
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with a history of misconduct. This was jury nullification disguised
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as reasonable doubt. The jury wasn't saying the evidence didn't
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prove OJ's guilt. They were saying they didn't care if
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it did. They were more interested in punishing police misconduct
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than convicting murderers. And here's what I think the prosecution
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never understood. This jury was never going to convict OJ
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Simpson no matter what evidence was presented. They'd been selected
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by the defense specifically because they distrusted the LAPD and
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sympathized with black celebrities who claimed to be persecuted by
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racist cops. The prosecution spent eight months trying to convince
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people who'd already made up their minds. They presented evidence
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to jurors who'd already decided that evidence didn't matter if
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it came from corrupt sources. Doctor Henry Lee's something Wrong
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testimony was the perfect example of how the defense strategy worked.
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Lee didn't prove anything was wrong with the evidence. He
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just said something seemed wrong, but that was enough for
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a jury that wanted to believe something was wrong. The
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Colombian drug cartel theory was even more ridiculous, but it
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served the same purpose, giving the jury an alternative to
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focus on instead of OJ's obvious guilt. It didn't matter
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if the alternative made sense. It only mattered if it
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gave them an excuse to ignore the evidence. By August Send,
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the defense had created a perfect storm of reasonable doubt.
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Racist cops who might plant evidence, sloppy evidence collection that
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might cause contamination, alternative killers who might have committed the murders,
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DNA testing that might be unreliable. None of these doubts
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were reasonable when examined individually, The evidence against OJ was overwhelming.
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Despite Foreman's racism. The DNA testing was reliable despite collection problems.
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The alternative theories were ridiculous despite sounding possible. But together
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these doubts created a fog thick enough to hide a
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double murderer, and that fog was exactly what the defense
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needed to send Oj home to freedom. The prosecution's case