Battle of Motions

Lawyers in the O.J. Simpson double murder case are expected back in court today for another skirmish in the battle of the pretrial motions. Overall, the prosecution has so far prevailed most of the time. The defense, however, has scored subtle victories even when it lost the larger battle. Here is a breakdown of the major motions filed so far and the outcomes. Motions that remain under seal are not listed.

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Motion: Dismiss charges Brought by: Defense Who won: Prosecution What salvaged by other side: Unclear *

Motion: Suppress evidence Brought by: Defense Who won: Mostly prosecution What salvaged by other side: Defense was able to suppress a few items taken from Simpson’s home, such as papers about his divorce taken from his desk. Defense also won points eliciting testimony or evidence that may support its contention that police work may have been sloppy or that some prosecution witnesses have vulnerabilities. *

Motion: Quash search warrants Brought by: Defense Who won: Prosecution What salvaged by other side: Although defense lost, it won somewhat in its battle to tarnish the reputation of a police detective whom Judge Ito publicly chastised as reckless in the way he went about seeking one warrant. *

Motion: Disallow DNA test results Brought by: Defense Who won: UNRESOLVED What salvaged by other side: Unclear *

Motion: Sequester jury Brought by: Prosecution Who won: UNRESOLVED What salvaged by other side: -- *

Motion: Postpone jury selection Brought by: Prosecution Who won: Defense What salvaged by other side: Unclear *

Motion: Request for evidence that might help clear Simpson Brought by: Defense Who won: Defense What salvaged by other side: Unclear *

Motion: Request for Detective Mark Fuhrman’s military and personnel records Brought by: Defense Who won: Prosecution What salvaged by other side: Unclear *

Motion: Remedy for abuse of grand jury Brought by: Defense Who won: Prosecution What salvaged by other side: Defense won an order that in effect blocked grand jury investigating Al Cowlings from hearing testimony from major figures in Simpson trial.

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Motion: Immediate sharing of blood samples from crime scenes Brought by: Defense Who won: Prosecution What salvaged by other side: Judge required prosecution to share whatever is left after its testing. *

Motion: On new grounds, disallow much of evidence taken from Ford Bronco Brought by: Defense Who won: UNRESOLVED What salvaged by other side: -- *

Motion: Sanction prosecution for failing to promptly turn over DNA test results

Brought by: Defense Who won: To be heard today What salvaged by other side: --