WEBVTT
1
00:00:03.200 --> 00:00:13.800
Caalarogashark Media. This is Reed Carter, Monday, September twenty ninth,
2
00:00:13.839 --> 00:00:17.800
twenty twenty five, Day four of eight days of OJ.
3
00:00:18.800 --> 00:00:23.160
We're examining April nineteen ninety five, the month this case
4
00:00:23.199 --> 00:00:27.079
officially stopped being about Nicole Brown Simpson and Ronald Goldman's
5
00:00:27.120 --> 00:00:32.320
murders and started being about everything else. Police racism, media bias,
6
00:00:32.640 --> 00:00:39.200
domestic violence, statistics, celebrity persecution, judicial conflicts of interest, jury nullification,
7
00:00:39.679 --> 00:00:42.840
everything except the simple question of whether O. J. Simpson
8
00:00:43.240 --> 00:00:47.920
killed two people on June twelfth, nineteen ninety four. April
9
00:00:47.960 --> 00:00:51.960
was when Johnny Cochrane's strategy reached its full potential. He'd
10
00:00:52.000 --> 00:00:56.320
spent January assembling his team, February attacking the evidence, and
11
00:00:56.399 --> 00:00:59.759
March destroying the investigators. Now it was time for the
12
00:00:59.759 --> 00:01:03.920
math masterpiece, making this case about race instead of murder,
13
00:01:04.680 --> 00:01:08.359
and it worked. By April thirtieth twelve, jurors were thinking
14
00:01:08.400 --> 00:01:11.799
about Rodney King instead of Ronald Goldman. They were thinking
15
00:01:11.799 --> 00:01:16.120
about decades of LAPD misconduct instead of OJ's history of
16
00:01:16.159 --> 00:01:19.560
domestic violence. They were thinking about sending a message to
17
00:01:19.680 --> 00:01:23.799
racist cops instead of delivering justice to murder victims. Thirty
18
00:01:23.920 --> 00:01:26.879
days of watching a double murder trial become a social
19
00:01:27.079 --> 00:01:31.760
justice referendum, thirty days of watching evidence become irrelevant while
20
00:01:31.840 --> 00:01:37.120
politics became everything. I'm read Carter, this is day four
21
00:01:37.200 --> 00:01:39.480
of eight days of OJ. Welcome to the month we
22
00:01:39.560 --> 00:01:42.760
learned that in America, race matters more than murder, at
23
00:01:42.840 --> 00:01:45.280
least when the murderer is famous enough and rich enough
24
00:01:45.319 --> 00:01:54.280
to hire the right lawyers. April nineteen ninety five, thirty
25
00:01:54.359 --> 00:01:58.159
days that completed the transformation of OJ Simpson from defendant
26
00:01:58.159 --> 00:02:03.359
to victim, the lap from investigators to villains, and Nicole
27
00:02:03.439 --> 00:02:07.200
Brown Simpson and Ronald Goldman from murder victims to footnotes
28
00:02:07.239 --> 00:02:10.879
in a story about police racism. By April, I think
29
00:02:10.960 --> 00:02:14.319
Johnny Cochran knew he'd won. The jury had been selected
30
00:02:14.360 --> 00:02:17.400
by the defense, the evidence had been attacked by the defense,
31
00:02:17.719 --> 00:02:21.520
and the investigators had been destroyed by the defense. Now
32
00:02:21.560 --> 00:02:23.599
it was time to seal the deal by making this
33
00:02:23.719 --> 00:02:27.199
case about something bigger than murder, making it about justice
34
00:02:27.199 --> 00:02:31.439
for all black Americans who'd been victimized by racist police.
35
00:02:31.479 --> 00:02:34.919
It was brilliant, it was cynical, it was effective, and
36
00:02:35.000 --> 00:02:38.199
it was exactly what Nicole and Ron's families feared most
37
00:02:38.479 --> 00:02:41.360
that their loved one's murders would become props in someone
38
00:02:41.439 --> 00:02:46.280
else's political theater. The month began with the defense showing
39
00:02:46.319 --> 00:02:50.439
Ojay's home videos to the jury. Videos of OJ playing
40
00:02:50.479 --> 00:02:56.479
with his children, OJ laughing with friends, OJ being warm, charming, paternal,
41
00:02:56.919 --> 00:03:02.080
everything except violent. April third, the jury watches OJ coaching
42
00:03:02.159 --> 00:03:07.000
his daughter's soccer team, OJ at family barbecues, OJ being
43
00:03:07.039 --> 00:03:10.159
the loving father and devoted friend that his public persona
44
00:03:10.199 --> 00:03:14.159
had always projected. This is brilliant legal strategy, and I
45
00:03:14.240 --> 00:03:17.439
have to give Cochrane credit for understanding exactly what he
46
00:03:17.479 --> 00:03:21.400
was doing. The prosecution had shown evidence of OJ's guilt.
47
00:03:21.960 --> 00:03:25.599
The defense was now showing evidence of his humanity. They
48
00:03:25.599 --> 00:03:28.479
were reminding the jury that they weren't just judging a case,
49
00:03:29.120 --> 00:03:32.719
they were judging a person they'd grown up admiring. But
50
00:03:32.800 --> 00:03:35.759
here's what those home videos didn't show. They didn't show
51
00:03:35.759 --> 00:03:39.240
Oja screaming at Nicole in restaurants. They didn't show him
52
00:03:39.240 --> 00:03:42.400
stalking her after their divorce. They didn't show him threatening
53
00:03:42.400 --> 00:03:44.520
to kill her if he ever caught her with another man.
54
00:03:45.080 --> 00:03:47.759
They didn't show the private OJ that Nicole's friends and
55
00:03:47.800 --> 00:03:53.039
family knew, controlling, jealous, and increasingly violent. The prosecution should
56
00:03:53.039 --> 00:03:56.159
have objected to these videos, should have argued that being
57
00:03:56.199 --> 00:03:59.000
a good father doesn't mean you can't be a murderer.
58
00:03:59.319 --> 00:04:02.000
Should have point out out that the most dangerous domestic
59
00:04:02.039 --> 00:04:06.520
abusers are often charming in public and violent in private. Instead,
60
00:04:06.759 --> 00:04:10.000
they let the defense humanize Ojay without showing the jury
61
00:04:10.000 --> 00:04:12.759
what kind of human he really was behind closed doors.
62
00:04:13.159 --> 00:04:16.279
But April also brought the prosecution's attempt to present the
63
00:04:16.319 --> 00:04:20.480
domestic violence evidence that would show Ojay's true nature, and
64
00:04:20.600 --> 00:04:23.720
this is where Judge Edo made some of his worst decisions.
65
00:04:24.240 --> 00:04:27.639
April fifth, the prosecution wants to play the nineteen ninety
66
00:04:27.639 --> 00:04:30.959
three nine one one call where Nicole called police because
67
00:04:31.000 --> 00:04:33.839
oj was threatening her. You can hear the terror in
68
00:04:33.920 --> 00:04:37.360
Nicole's voice. You can hear Ojay screaming in the background.
69
00:04:37.519 --> 00:04:39.399
You can hear exactly what kind of man he was
70
00:04:39.439 --> 00:04:43.079
when he thought nobody was watching. Judge Eto allows the call,
71
00:04:43.399 --> 00:04:46.480
but he limits its impact by giving the jury instructions
72
00:04:46.480 --> 00:04:50.399
about how domestic violence evidence should be considered. He basically
73
00:04:50.439 --> 00:04:53.560
tells them not to let it influence their judgment too much,
74
00:04:54.160 --> 00:04:57.360
as if a pattern of escalating violence isn't directly relevant
75
00:04:57.399 --> 00:05:01.439
to a domestic murder case, call should have been devastating,
76
00:05:02.040 --> 00:05:07.120
Nicole's voice shaking with fear, Ojay's rage clearly audible. Police
77
00:05:07.160 --> 00:05:10.399
responding to domestic violence calls at the Simpson house a
78
00:05:10.480 --> 00:05:13.720
clear pattern of abuse that escalated to murder, But the
79
00:05:13.759 --> 00:05:17.040
defense had prepared for this. They argued that lots of
80
00:05:17.079 --> 00:05:21.399
couples argue that oj and Nicole had a passionate relationship,
81
00:05:21.800 --> 00:05:26.120
that domestic disputes don't automatically lead to murder. They minimized
82
00:05:26.199 --> 00:05:29.959
Nicole's terror and normalized Ojay's violence, and the jury seemed
83
00:05:30.000 --> 00:05:33.480
to accept this argument. They seemed more concerned about police
84
00:05:33.560 --> 00:05:38.079
racism than domestic violence, more worried about oj being persecuted
85
00:05:38.120 --> 00:05:42.079
than Nicole being terrorized. Then came the crisis that almost
86
00:05:42.199 --> 00:05:46.839
ended the trial. Judge Eto's wife, Captain Margaret Yorke, was
87
00:05:46.920 --> 00:05:49.759
revealed to be mentioned in the Mark Furman tapes that
88
00:05:49.839 --> 00:05:54.600
were about to surface. Foreman had made racist comments about
89
00:05:54.759 --> 00:05:59.360
Edo's wife during his interviews with Laura Hart McKinney. April twelfth,
90
00:05:59.639 --> 00:06:02.800
Judge Edo breaks down crying in chambers when he hears
91
00:06:02.839 --> 00:06:07.160
what Foreman said about his wife. He's considering recusing himself
92
00:06:07.199 --> 00:06:11.560
from the case. The trial could collapse, months of testimony
93
00:06:11.560 --> 00:06:14.199
could be thrown out, everything could start over with a
94
00:06:14.240 --> 00:06:17.480
new judge. And here's what I think was really happening.
95
00:06:17.800 --> 00:06:22.040
Ito was more concerned about his personal reputation than judicial integrity.
96
00:06:22.639 --> 00:06:25.120
He was more worried about what people would think about
97
00:06:25.120 --> 00:06:28.240
his wife than what impact his decisions were having on
98
00:06:28.480 --> 00:06:32.560
justice for Nicole and Ron. The conflict of interest was real.
99
00:06:33.000 --> 00:06:35.800
Itto should have recused himself the moment his wife became
100
00:06:35.839 --> 00:06:40.519
part of the case. Instead, he stayed compromised and emotional,
101
00:06:40.879 --> 00:06:44.480
making decisions based on personal feelings rather than legal standards.
102
00:06:44.879 --> 00:06:47.639
But the Edo crisis was nothing compared to the jury
103
00:06:47.680 --> 00:06:53.360
revolt that exposed the racial tensions destroying this case. April nineteenth,
104
00:06:53.519 --> 00:06:57.519
several jurors are dismissed, and their interviews reveal the dysfunction
105
00:06:57.720 --> 00:07:02.360
behind the scenes. The jury is along racial lines. White
106
00:07:02.480 --> 00:07:06.800
jurors think Oja is guilty. Black jurors think he's being framed.
107
00:07:07.240 --> 00:07:11.160
They're not deliberating evidence. They're fighting about police racism and
108
00:07:11.240 --> 00:07:16.480
celebrity persecution. One dismissed white juror, Francine Florio Bunten, gives
109
00:07:16.519 --> 00:07:18.279
an interview that should have been a wake up call
110
00:07:18.360 --> 00:07:21.279
for everyone involved. She says the black jurors had made
111
00:07:21.360 --> 00:07:24.360
up their minds before evidence was presented, that they saw
112
00:07:24.399 --> 00:07:27.120
this as payback for Rodney King, that they were more
113
00:07:27.120 --> 00:07:31.360
interested in sending a message than delivering a verdict. This
114
00:07:31.399 --> 00:07:34.240
should have been grounds for a mistrial. The jury was
115
00:07:34.279 --> 00:07:38.879
hopelessly compromised by racial bias and preconceived notions. They weren't
116
00:07:38.920 --> 00:07:43.079
judging oj Simpson's guilt or innocence, they were relitigating decades
117
00:07:43.079 --> 00:07:47.079
of LAPD misconduct. But Judge Edo let the trial continue
118
00:07:47.079 --> 00:07:51.240
with replacement jurors, pretending that jury selection could overcome the
119
00:07:51.279 --> 00:07:56.040
fundamental problem. This case had become about race instead of murder,
120
00:07:56.439 --> 00:08:00.759
and no amount of evidence was going to change that. Meanwhile,
121
00:08:01.040 --> 00:08:04.680
April brought something that still infuriates me thirty years later,
122
00:08:05.199 --> 00:08:09.399
the media's obsession with Marcia Clark's appearance instead of her arguments.
123
00:08:10.000 --> 00:08:13.600
Clark was prosecuting the most important murder case in decades,
124
00:08:13.800 --> 00:08:17.639
and the media was criticizing her hair, her clothes, her makeup.
125
00:08:17.920 --> 00:08:20.240
They were more interested in her image makeover than her
126
00:08:20.319 --> 00:08:23.639
legal strategy. They treated her like a fashion model instead
127
00:08:23.639 --> 00:08:28.120
of a prosecutor. April fifteenth, Clark gets a new haircut,
128
00:08:28.160 --> 00:08:31.120
and the media covers it like breaking news. Her hair
129
00:08:31.160 --> 00:08:35.080
becomes more newsworthy than the evidence she's presenting. Her wardrobe
130
00:08:35.159 --> 00:08:38.720
choices get more analysis than her legal arguments. This was
131
00:08:38.799 --> 00:08:42.360
sexist and stupid and completely irrelevant to the case, but
132
00:08:42.399 --> 00:08:45.279
it was also emblematic of how this trial had become
133
00:08:45.320 --> 00:08:49.919
about everything except justice. The prosecutor's haircut mattered more than
134
00:08:49.960 --> 00:08:54.840
the defendant's guilt, style mattered more than substance, performance mattered
135
00:08:54.840 --> 00:08:58.120
more than proof, And while the media obsessed over Marcia
136
00:08:58.159 --> 00:09:01.320
Clark's appearance, they ignored the fact that she was building
137
00:09:01.360 --> 00:09:04.759
an overwhelming case against a double murderer who was being
138
00:09:04.799 --> 00:09:08.679
treated like a victim of persecution. But April's most important
139
00:09:08.759 --> 00:09:13.399
development was the beginning of the DNA evidence presentation, evidence
140
00:09:13.399 --> 00:09:16.399
that should have ended any reasonable doubt about Ojy's guilt
141
00:09:16.720 --> 00:09:20.000
and instead became another opportunity for the defense to confuse
142
00:09:20.039 --> 00:09:25.720
the jury with technical jargon and contamination theories. We'll be
143
00:09:25.840 --> 00:09:29.279
right back with how DNA evidence that proved OJ's guilt
144
00:09:29.279 --> 00:09:33.440
beyond any scientific doubt somehow became meaningless to a jury
145
00:09:33.480 --> 00:09:46.960
more interested in police racism than scientific proof. Welcome back
146
00:09:47.000 --> 00:09:50.679
to day four of eight days. Of OJ. I'm read Carter,
147
00:09:51.039 --> 00:09:54.399
and we're examining how April nineteen ninety five completed this
148
00:09:54.480 --> 00:10:00.519
case's transformation from murder trial to racial referendum. Evidence that
149
00:10:00.600 --> 00:10:02.919
began in April should have been the final nail in
150
00:10:03.000 --> 00:10:07.159
OJ Simpson's coffin. The technology was new in nineteen ninety five,
151
00:10:07.240 --> 00:10:11.440
but the science was sound. DNA doesn't lie, DNA doesn't
152
00:10:11.480 --> 00:10:15.279
have racial bias. DNA doesn't care about celebrity status or
153
00:10:15.320 --> 00:10:18.960
police misconduct. DNA just tells you whose blood is whose,
154
00:10:19.559 --> 00:10:23.679
and the DNA evidence was devastating for OJ Simpson. April
155
00:10:23.679 --> 00:10:27.840
twenty fourth, the prosecution begins presenting DNA evidence that proves
156
00:10:28.120 --> 00:10:31.399
beyond any scientific doubt that OJ's blood was at the
157
00:10:31.399 --> 00:10:35.039
Bundye crime scene, not just similar blood, not blood that
158
00:10:35.159 --> 00:10:40.159
might be his. OJ Simpson's actual blood deposited the Knight, Nicole,
159
00:10:40.240 --> 00:10:43.679
and Ron were murdered. The odds of this blood belonging
160
00:10:43.720 --> 00:10:48.320
to someone else one in one hundred seventy million. In
161
00:10:48.399 --> 00:10:53.519
other words, impossible unless one hundred seventy million people broke
162
00:10:53.559 --> 00:10:56.720
into the crime scene and happened to bleed OJ Simpson's
163
00:10:56.799 --> 00:11:00.840
exact DNA profile. This blood came from OJA Simpson, but
164
00:11:01.000 --> 00:11:04.120
Barry Shek was ready. Instead of disputing the science, he
165
00:11:04.200 --> 00:11:08.039
disputed the scientists. Instead of challenging the DNA matches, he
166
00:11:08.200 --> 00:11:12.000
challenged the DNA collection. Instead of proving the evidence was wrong,
167
00:11:12.399 --> 00:11:16.320
he proved the evidence was questionable. Shek's strategy was brilliant
168
00:11:16.320 --> 00:11:19.720
and infuriating. He didn't need to prove the DNA testing
169
00:11:19.799 --> 00:11:23.679
was incorrect. He only needed to prove it was potentially unreliable.
170
00:11:24.360 --> 00:11:27.120
He only needed to create enough doubt about contamination and
171
00:11:27.159 --> 00:11:30.639
mishandling to make the jury distrust the results, and with
172
00:11:30.720 --> 00:11:35.039
Dennis Fung's earlier fumbles providing the foundation, Sheck built a
173
00:11:35.080 --> 00:11:38.639
tower of doubt that reached all the way to reasonable doubt,
174
00:11:39.120 --> 00:11:44.559
even when the science showed unreasonable guilt. April twenty sixth
175
00:11:45.080 --> 00:11:48.240
Sheck suggests that OJ's blood was planted at the crime
176
00:11:48.279 --> 00:11:52.759
scene using blood from his reference sample. That someone at
177
00:11:52.799 --> 00:11:56.919
the LAPD took blood from Ojay's vial and sprinkled it
178
00:11:56.960 --> 00:12:00.399
around Bundy Drive to frame him for murders he didn't commit.
179
00:12:01.240 --> 00:12:06.919
This theory required believing that LAPD officers were simultaneously competent
180
00:12:07.000 --> 00:12:11.200
enough to orchestrate a complex framing scheme and incompetent enough
181
00:12:11.399 --> 00:12:14.519
to make all the collection mistakes shecheck had highlighted, But
182
00:12:14.639 --> 00:12:18.519
logical consistency wasn't the point. Reasonable doubt was the point,
183
00:12:18.879 --> 00:12:22.600
And by April's end, I think the prosecution realized they
184
00:12:22.639 --> 00:12:26.519
were fighting a losing battle, not because their evidence was weak,
185
00:12:27.039 --> 00:12:31.360
their evidence was overwhelming, but because this jury wasn't interested
186
00:12:31.480 --> 00:12:35.440
in evidence. They were interested in justice, and their definition
187
00:12:35.480 --> 00:12:38.480
of justice didn't include convicting a black celebrity based on
188
00:12:38.559 --> 00:12:43.360
evidence collected by racist cops. April also brought more revelations
189
00:12:43.399 --> 00:12:47.519
about the dysfunctional jury. Dismissed jurors revealed that racial tensions
190
00:12:47.559 --> 00:12:50.360
were so bad that white and black jurors couldn't even
191
00:12:50.360 --> 00:12:53.720
agree on basic facts. They were watching the same testimony
192
00:12:53.919 --> 00:12:57.320
and reaching opposite conclusions based on their pre existing beliefs
193
00:12:57.320 --> 00:13:02.440
about police and celebrities. Dismissed Black juror Willie Craven gave
194
00:13:02.480 --> 00:13:05.720
an interview that revealed everything wrong with this case. He
195
00:13:05.759 --> 00:13:08.919
said he didn't trust any evidence collected by the LAPD.
196
00:13:09.799 --> 00:13:12.559
He said he thought oj was being framed from the beginning.
197
00:13:13.000 --> 00:13:15.679
He said the DNA evidence didn't matter because the police
198
00:13:15.720 --> 00:13:19.679
couldn't be trusted to handle it. Properly. This wasn't jury deliberation.
199
00:13:20.360 --> 00:13:24.320
This was jury nullification, the decision to ignore evidence based
200
00:13:24.360 --> 00:13:27.879
on political beliefs rather than legal standards. And it was
201
00:13:27.960 --> 00:13:30.799
exactly what Cochrane had been counting on from the beginning.
202
00:13:32.120 --> 00:13:35.279
But here's what really gets me about April nineteen ninety five,
203
00:13:35.799 --> 00:13:39.039
While all this legal theater was playing out, Nicole Brown
204
00:13:39.120 --> 00:13:42.919
Simpson and Ronald Goldman were disappearing from their own murder case.
205
00:13:43.559 --> 00:13:46.759
The jury heard hours about police procedures and almost nothing
206
00:13:46.799 --> 00:13:50.679
about the victim's last moments. They heard detailed testimony about
207
00:13:50.759 --> 00:13:54.960
DNA collection protocols and minimal testimony about OJ's threats to
208
00:13:55.080 --> 00:13:59.440
kill Nicole. They heard extensive arguments about evidence contamination and
209
00:13:59.519 --> 00:14:03.840
limited arguments about motive and opportunity. By April thirtieth, this
210
00:14:04.039 --> 00:14:07.159
wasn't a murder trial anymore. It was a referendum on
211
00:14:07.200 --> 00:14:11.360
the LAPD, and Nicole and ron were forgotten casualties in
212
00:14:11.399 --> 00:14:14.720
a war between the defense and the police department. Cochrane
213
00:14:14.759 --> 00:14:18.200
had successfully transformed this case from a question of Ojy's
214
00:14:18.240 --> 00:14:21.600
guilt to a question of police credibility, and with the
215
00:14:21.759 --> 00:14:26.480
LAPD's history of misconduct, particularly in communities of color, that
216
00:14:26.639 --> 00:14:30.080
was a fight the prosecution couldn't win. The defense wasn't
217
00:14:30.159 --> 00:14:33.600
arguing that OJ didn't kill Nicole and ron They were
218
00:14:33.720 --> 00:14:37.399
arguing that the LAPD couldn't be trusted to investigate anyone,
219
00:14:37.639 --> 00:14:41.320
especially a black celebrity, and with jurors who had experienced
220
00:14:41.320 --> 00:14:46.279
police misconduct themselves, that argument resonated more than any scientific evidence.
221
00:14:46.919 --> 00:14:49.679
April nineteen ninety five was the month we learned that
222
00:14:49.759 --> 00:14:54.080
in celebrity justice, narrative matters more than evidence, that the
223
00:14:54.120 --> 00:14:57.080
story you tell about the case matters more than the
224
00:14:57.159 --> 00:15:00.559
facts of the case, that jury selection matters more than
225
00:15:00.639 --> 00:15:04.399
jury instruction. The prosecution told a story about a jealous
226
00:15:04.440 --> 00:15:08.120
ex husband who murdered his wife and an innocent bystander.
227
00:15:08.639 --> 00:15:11.440
The defense told a story about racist cops who framed
228
00:15:11.440 --> 00:15:15.200
a black hero to cover up their own incompetence. Guess
229
00:15:15.200 --> 00:15:18.279
which story this jury found more believable. By the end
230
00:15:18.320 --> 00:15:21.960
of April, O. J. Simpson had been completely transformed from
231
00:15:21.960 --> 00:15:26.559
defendant to victim, the lap D had been transformed from
232
00:15:26.600 --> 00:15:31.639
investigators to conspirators, and Nicole Brown Simpson and Ronald Goldman
233
00:15:31.720 --> 00:15:35.559
had been transformed from murder victims to unfortunate excuses for
234
00:15:35.639 --> 00:15:39.320
police corruption. The evidence still showed that O. J. Simpson
235
00:15:39.440 --> 00:15:43.000
was a killer. The DNA still proved his guilt beyond
236
00:15:43.080 --> 00:15:46.600
scientific doubt. The timeline still put him at the scene
237
00:15:46.679 --> 00:15:50.360
during the murders. The motive still explained why he did it,
238
00:15:50.799 --> 00:15:52.879
but none of that mattered to a jury that had
239
00:15:52.919 --> 00:15:56.519
been selected by the defense, influenced by the defense, and