Saturday, March 19, 2016

The People V. . . . Episode Seven


When I was reading about the case ten years ago, I was looking at the books in terms of evidence and timelines.  If there was by-play among the lawyers on either side or even between OJ and his friends, I did not pay much attention to them.  So I either missed a budding affair between Chris Darden and Marcia Clark or it is the figment of the series writers’ imaginations.  Likewise with Shapiro’s relationship with the dream team.  I knew him to be a deal-maker but I do not recall the kind of undermining that seemed to be going on as shown in this series.

I do not recall any reference to a “Colombian Necktie,” the nickname for a throat slashing intended to be a warning to others about messing with the Colombian drug cartel.  At the time I read about the case, there was only one comparative reference to the terrible wound to Nicole that was the fatal blow.  Prior to her murder, over the previous several years there had been a serial killer who chose blond women to be victims of similar throat slashing.  That murderer was still on the loose and could have been a suspect.

(Update: During the trial, according toWikipedia, the defense did bring up the "Colombian necktie" trying to show there may have been other suspects that were not being pursued by the police.) 

However, due to the number of different knives used in this case and witnesses speaking of a group of men fleeing the scene, the theory of a cartel killing is more plausible.  

Marcia Clark was shown to be astounded that a seasoned detective like Phil Vannatter did not know of the cartel’s assassination tactic.  She knew about it.  And she was aware, according to the series’ writers, of the reputation of the Mezzaluna Restaurant (frequented by Nicole and where Ron worked as a waiter) as a cocaine hotspot where major dealers met.  That alternative was never brought forward by the LAPD for whatever reason.  As noted earlier, they had their man already and they had the blood evidence.

I do not remember the books describing either that moment in the trial nor the awareness Clark had of the drug scene in Brentwood.  I also do not remember any vacation where Darden invited Clark to attend a birthday party of one of his friends.  The scene gave the series writers a place to present two important things: OJ’s TV pilot about navy frogmen (precursor of their famed Seal teams) and the prosecution arguments against police framing of OJ.  

About the frogmen show which was never completed or shown, there were scenes where OJ performed some techniques for using a knife in hand-to-hand combat.  It was brought up in the trial to show he knew how to use a knife and to show his agility for a big man.  OJ’s arthritic knees were not subject to testimony until the defense brought its case but the prosecution knew it had to counter that argument and chose the frogman TV pilot to do it.

About the problem Clark faced over police collusion to frame OJ, she said that with Fuhrman and the other detectives going back and forth so many times between Bundy and Rockingham, surely the press would have seen something because they were all over the place.  I will address that in another posting.

There were two other themes dramatized in this episode.  Robert Kardashian’s growing doubts about OJ’s innocence and the glove demonstration in court.

Kardashian was one of OJ’s staunchest supporters in the beginning.  As I recall from my original reading, he began to see OJ’s narcissistic, irrational side which he found offensive.  However, the series writers suggest he was doubting because of the blood evidence and the fact that no other leads were considered by the police.  “There are no other suspects,” he bemoans, according to the script.  

Al Cowling and he are shown opening the suitcase Kardashian was seen removing from OJ’s estate on the 13th.  They did not know if it was full of the clothes OJ needed when he moved to the Kardashian residence to get away from the press or if it actually contained the missing bloody clothes.  They found nothing incriminating in the bag.  As I recall, the clothesbag used on OJ’s trip to Chicago was that same bag and neither it nor the golf bag had any signs of blood in or on them despite all the press speculation about them.

The showing of the gloves in court was most dramatic.  I do not remember Shapiro checking the gloves nor the by-play between the defense and Darden.  I do remember Clark being against a demonstration when there was no assurance of what the results would be.  The gloves did not fit.  

Not shown were two important facts, one from the prosecution and one from the defense.  Expert witness told Clark and the jury that the gloves fit snuggly.  That is one of their best features and why they are so popular.  They were like a second skin.  Expert witness brought by defense pointed out that these particular gloves do not shrink when dried after being wet.  

There are two common theories about why the gloves did not fit.  One, OJ manipulated his hand to be stiff fingered and hence appeared hard to put on.  The jury had a much better view of that than any media or book writers and they apparently took Johnny Cochran’s words seriously: “If they do not fit, you must acquit.”  Two, the bloody gloves must have skrunk as they dried.  But that was shown not to be so with those very specially-made gloves.  If those were the gloves used by the murderer, they did not fit OJ.  

(Update: An upcoming ESPN special on OJ's life quotes someone as saying OJ stopped taking his meds so that hs hands would swell, hence the gloves would not fit.  However, to get that result, OJ would have had to know two weeks in advance that Darden was going to try the gloves on him.  Darden did not even know that far ahead that he would do it.  Also, swollen hands would have made it hard for OJ to move his fingers well enough to remove the gloves but films from the actual trial showed he had no such difficulty with his hands.)

So far, there are really only two serious points and one speculation made by the series writers that might lead to reasonable doubt: The speculation about the way Nicole was murdered being a drug cartel warning was not followed up on by either side.  Detective Lange’s admission about taking evidence to his home overnight before turning them in, something he never did otherwise was damaging.  Finally was the fact that the gloves did not fit.  Are those enough to counter the spousal abuse motive, the blood evidence, and the lack of an alibi on which the original probable cause had been adjudged?  

Three more episodes may contain more grounds for reasonable doubt . . . or not.  

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