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- Sales Rank: #3182460 in Books
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THE LEAD PROSECUTOR’S “CATHARTIC” REVIEW OF THE “CRIME OF THE CENTURY”
By Steven H Propp
Lead criminal trial prosecutor Marcia Clark wrote in the Prologue to this 1997 book, “it had been my experience that when people got onto juries they usually acted in better conscience than they did in their private lives. I had faith they’d rise to the occasion. On the morning of June 13, 1994, when Nicole Brown Simpson and Ronald Goldman were found… all of that changed. Their murderer, O.J. Simpson, would turn justice on its head. By virtue of his celebrity, he would be coddled by worshipful cops, pumped up by star-f_____g attorneys, indulged by a spineless judge, and adored by jurors every bit as addled by racial hatred as their counterparts on the Rodney King jury. O.J. Simpson slaughtered two innocent people, and he walked free---right past the most massive and compelling body of physical evidence ever assembled against a criminal defendant. I am not bitter. I am angry. And I ask myself over and over again, How could this jury fail to see? Was there something else we could have done? Something more we could have said?” (Pg. 2) [NOTE: page numbers refer to the 502-page hardcover edition.]
She actually turned down an offer from defense attorney Robert Shapiro to have Simpson take a polygraph test. “Polygraphs are risky. A subject can dope himself up to pass, which is why cops don’t like to administer the test unless they’ve had the subject in custody for a while. (Unbeknownst to me or the cops, Simpson had ALREADY taken a polygraph and scored a minus 22, meaning he failed every single question about the murder. I did not learn this until well after the verdict. Then I shook my head in amazement. It’s hard to imagine that a lawyer would be stupid enough to offer his client up for a second poly after he’d failed the first time) The offer seemed fishy. My advice: ‘Stay away from it.’” (Pg. 40)
Of criminalist Dennis Fung, she says: “After he left the stand, I called my people and said, ‘This guy’s a f_____g disaster.’ Here’s the bottom line. Fung and his colleague… should have been supervised as they went over both crime scenes. Tom [Lange] and Phil [Vannatter] should have returned to oversee that search… We’d be doing damage control on that sloppy search for a long time to come. We still are.” (Pg. 70-71)
About her hearing about detective Mark Fuhrman’s revealing disability claim, she observes, “I’d made a note to follow up. A week later, it was still on my ‘To Do’ list. I’ve thought about that a lot in retrospect… I stop myself and ask, ‘Would history have been changed so radically if I’d run right down and filed a request for that disability file right after Mark told me about it?’ Probably not. After all, it was too late to keep Mark off the stand. He’d already testified… So the nightmare began… In countless cases involving a black defendant, the defense makes an effort to play the race card. But in this case, one would have thought that this particular odious card just wasn’t in the deck… O.J. Simpson lived a rich man’s life among friends who were, by and large, white. His ex-wife and current girlfriend were white. How, I wondered, could Shapiro and [Gerald] Uelman sell a racial defense?” (Pg. 114-115)
Of the jury pool, she comments, “Any way you shuffled the deck, this was far and away the worst pool of jurors either of us had ever seen. Few of these people had ever taken college courses, let alone gotten a degree. Many were out of work. No one had anything good to say about the LAPD. An uncomfortably large percentage of them either knew someone who had been arrested or had been arrested themselves. The Bronco chase seemed to arouse in them nothing but regret for the sufferings of the defendant.” (Pg. 190)
Of her eventual co-prosecutor, she says, “Thank God for Chris Darden… he’d been working with us behind the scenes for more than three months. As I look back on it, I find it amazing that I didn’t think of Chris when first drawing up that short list of D.A.s to partner with. He hadn’t even occurred to me. That’s because you tend to think of the people right under your nose. Chris was down on the seventeenth floor in SID.” (Pg. 221)
Of Fuhrman again, she says, “From the day of the murders, the defense had access to the police reports identifying Mark as the offer who found the bloody glove. If we hadn’t called him, they certainly would have. And in doing so they would certainly have explored his dark side. We would have been left looking like we were trying to hide him… Chris and I had talked all the way through this one. Fuhrman’s racial views were not pertinent here. How he’d performed as a detective on the Simpson investigation was all that counted. The idea that he had planted the glove seemed utterly fantastic. Cops who arrived on the crime scene before Fuhrman had seen only one glove… What were the Dream Teamers planning to suggest---that Mark had slipped out to Bloomingdales to buy a mate?” (Pg. 259) Later, she adds, “Look, if I could have thwarted the race card by not calling Fuhrman, I would have crossed him off the witness list in a heartbeat. But failure to produce him would simply have aggravated the controversy.” (Pg. 332)
About Judge Ito’s allowing witnesses questioning Fuhrman’s credibility, she notes, “Ito caved---and reversed himself. The defense could present witnesses who claimed to have heard Mark Fuhrman use the N-word within the past ten years. I have never seen a man with so little spine… From this point on, I sincerely believe, the best we could ever have hoped for was a hung jury… What we should do, I told myself angrily, was appeal the ruling… But this was likely an exercise in futility…. Looking back on this in the clear light of hindsight, though, I can see my reluctance for what it really was---a failure of nerve… I should have given it my best shot and taken the only opportunity I had to keep the defense from playing the race card. I didn’t. And to this day it remains my most painful regret.” (Pg. 263-264)
Of the fateful decision to allow Simpson to try on the gloves, she states, “Phil… pulled [on] the crime-scene gloves… It wasn’t easy, but he got them on… The problem, of course, was that Phil … hadn’t splayed his hands like a two-year old to keep the gloves from being pulled down over his fingers. No one had come up with a way to keep Simpson from pulling those shenanigans. I turned to Chris. ‘Don’t do it. I’m warning you… This is a trap!’ … ‘This is MY witness,’ he snapped. ‘And I say we have to put those gloves on him now, before they do!’ I couldn’t dissuade him.” (Pg. 406-407)
About the day when Fuhrman’s horrible comments to screenwriter Laura McKinny were played in court, she says, “[It] was the worst day I ever spent in a court of law… I sat mortified as those ugly words washed through the courtroom like a tide of sewage… I looked over at Chris and realized that he was in even more misery than I… ‘This trial is over,’ I thought. ‘We’ll never recover.’” (Pg. 448-449)
In her summation for the jury, she noted that limo driver Allan Park buzzed unsuccessfully for Simpson, and comments, “What this testimony proves… is not only that the defendant was not home, but it proves he was not sleeping. And it proves that he lied about it… to create an alibi for himself. You don’t need to do that unless you’ve been doing something… that you need to hide.’ The coincidences were too blatant to ignore. Defendant wears same shoe size as the killer. Defendant wears same brand of glove as killer… Defendant has a fresh cut on his left hand immediately after the murders… Fibers consistent with the Bronco carpet found on the knit cap and the Rockingham glove… Hair consistent with the defendant’s found on the knit cap and Ron Goldman’s shirt. ALL UNCONTRADICTED! Even now, as I think back on that pyramid---that MOUNTAIN---of evidence, it blows my mind. How could anyone fail to see?” (Pg. 473)
She summarizes, “Make no mistake about it, this so-called Dream Team PLAYED THE RACE CARD. I’d just like to ask those guys a question: Did it ever occur to you… that you might be putting the public safety at risk? Whole neighborhoods of Los Angeles… could have gone down in flames, Johnnie, because of your irresponsible, inflammatory rhetoric. And no amount of revisionist fast talk is going to change the fact that you guys pandered to racial hatred in order to win. You took a jury itching for revenge to avenge Rodney King and incited it to nullify the law.” (Pg. 482-483)
She concludes, “I found the process of writing this book cathartic… Being forced to reexamine those months made me appreciate how hard we all fought, against impossible odds, to elicit justice from that jury.” (Pg. 486)
Clark’s memoir is “must reading” for anyone interested in the criminal trial.
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