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THE O.J. SIMPSON MURDER TRIAL : The Legal Pad

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UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the Simpson trial. Joining them is Los Angeles defense lawyer Albert De Blanc Jr., who will rotate with other experts as the case moves forward. Today’s topic: Denise Brown on the witness stand and the conclusion of testimony about Nicole Simpson’s 911 call in 1993.

PETER ARENELLA: On the prosecution

“The day started slowly when the prosecution’s evidence of O.J. stalking Nicole fizzled. The couple next door saw an unknown man in front of Nicole’s condo and called 911 before they realized it was O.J. They offered no testimony of any menacing behavior. But the day ended with Denise Brown sobbing as she described O.J. hurling Nicole against a wall and then throwing her out of his home. How could the jurors not be moved?”

PETER ARENELLA: On the defense

“Denise Brown’s graphic and moving testimony illustrates why the defense fought so hard to exclude incidents of domestic violence. The defense’s dilemma is how to minimize the impact of such evidence on the jury without attacking the victim’s sister. The defense surely appreciates the risk that the jury may use this evidence to reassess their view of Simpson’s basic character in a manner that might make them less susceptible to arguments about reasonable doubt.”

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LAURIE LEVENSON: On the prosecution

“There were two important moments for the prosecution. First, outside the jury’s presence, the prosecution dropped a bombshell: They believe they have a way to test the blood on socks found in O.J.’s bedroom to prove that the blood was not planted. This would be devastating against the defense. Then, the last thing the jury saw was the tearful testimony of Nicole’s sister, an image that will stay in their minds until they hear more emotional testimony Monday.”

Laurie Levenson: On the defense

“The morning went fine because the prosecution’s stalking evidence fell short. But the defense appeared stunned in the afternoon by prosecutor Rockne Harmon’s announcement that the prosecution might be able to rebut the defense’s frame-up theory with a blood test. The defense, anticipating the potential impact of Denise Brown’s testimony, tried to keep it under control by raising objections early and often.”

Albert De Blanc Jr.: On the prosecution

“I thought the prosecution came out a big winner Friday, especially with the testimony of Denise Brown. It was powerful and compelling evidence of physical violence and humiliation of Nicole Simpson by O.J. Simpson. It was perfect timing for the prosecution to end the day with her in tears on the witness stand talking about the mistreatment of her deceased sister.”

Albert De Blanc Jr.: On the defense

“They did well Friday morning, reducing the potential impact of the 1993 911 incident. The officer who came to Nicole’s condo described an incident that had de-escalated. He said O.J. had calmed down and O.J. did not touch Nicole. The defense could later argue that this incident was not as bad as you would have believed from Nicole’s call. I don’t think the defense did well by their interruptions of Denise. The jury wants to hear her uninterrupted.”

Compiled by HENRY WEINSTEIN / Los Angeles Times.

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