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THE O.J. SIMPSON MURDER TRIAL

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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 Santa Monica defense attorney Gigi Gordon, who will rotate with other experts as the case moves forward. Today’s topic: Rosa Lopez.

PETER ARENELLA (On the prosecution)

“Christopher Darden must have felt like Santa Claus had just delivered his second Christmas. A witness as vulnerable as Rosa Lopez appeared to be doesn’t come around that often. Darden not only caught her in an outright lie, but managed to elicit the type of demeanor that could alienate jurors if repeated. While the prosecution can’t be happy about Lopez testifying out of order, it does have the weekend to look for more evidence to impeach her.”

PETER ARENELLA (On the defense)

“The defense may have won a battle Friday but lost the war. Cochran has managed to foul up the prosecution’s order of proof by having a critical defense alibi witness testify before the jury has heard a single shred of physical evidence linking Simpson to the murders. But if Lopez’s performance before the jury on Monday parallels her testimony Friday, her credibility problems may taint other defense efforts to create a reasonable doubt.”

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LAURIE LEVENSON (On the prosecution)

“The prosecutors must be in shock. Darden could not have done a better job of cross-examining Lopez during the hearing on whether she would flee. And even though she lied and repeatedly contradicted herself, the judge still ruled in the defense’s favor. Prosecutors now have 48 hours to get ready to impeach a key defense witness by focusing on her close relationship with the defense and her lies under oath.”

Laurie Levenson (On the defense)

“The defense got a lucky break. They now have an opportunity smack in the middle of the prosecution’s case to present one of their key witnesses. But the opportunity may backfire on them if Lopez does not appear more credible on Monday. She has shown herself to be a witness who is willing to change her story, depending on who is asking the questions. In the end, the defense may wish she was on videotape and not in front of the jury.”

Gigi Gordon (On the prosecution)

“They had a great day. Lopez folded like a house of cards. We couldn’t get past ‘Did you buy a plane ticket?’ without her being caught in a lie. Her situation clearly is difficult, but her demeanor was problematic. She was combative with Darden, which may be a preview of things to come. Given the morning session, it’s surprising that Darden didn’t ask for the jury right after lunch, especially after Judge Ito signaled so clearly that it might be a good idea.”

GiGi Gordon (On the defense)

“If you get what you want, what do you have? The question now is, who is in the greater trap now--Ito, who had no choice but to allow the conditional exam of Lopez, or the defense, which now must put this witness on the stand. Their hope now must be that Lopez will get up there and tell a very simple story of what she heard and saw. They have to hope that Friday’s performance was the product of the day’s chaos, stress and confusion.”

Compiled by TIM RUTTEN /Los Angeles Times

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