THE O.J. SIMPSON MURDER TRIAL

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 DeBlanc Jr., who will rotate with other experts as the case moves forward. Today’s topic: Rosa Lopez and defense discovery violations.

PETER ARENELLA

On the prosecution: “Marcia Clark should be grateful that Judge Ito did not grant her request to have the conditional examination of Rosa Lopez terminated. Ito’s decision to delay the testimony until Thursday gives Clark more time to prepare what could be a lethal cross-examination and gives Lopez more time to worry about what is in store for her. If Clark’s request had been granted, Lopez might have disappeared and the defense later could have complained that they lost a material alibi witness whose testimony could have been preserved.”

On the defense: “Johnnie Cochran has to be concerned that the defense might be losing credibility with Ito. That concern might explain Cochran’s pointed remark that his subordinate, Carl Douglas, did not take responsibility for discovery matters until January. Left unsaid, but implied, is that the inexcusable failure to turn over the July 29 audiotape of Lopez’s statement occurred while Robert Shapiro was in charge.”

LAURIE LEVENSON

On the prosecution: “They finally have put the defense on the defensive. It’s good for them to be on the moral high ground in the eyes of Ito. Also on the plus side, the tape and interview memos that were turned over give the prosecutors even more ammunition to cross-examine Lopez. On the down side, Cochran now has until Thursday to consult with Lopez and prepare to reconcile the inconsistencies in her statements.”

On the defense: “Sandbagging seems to be the name of their game. Ito apparently has decided that the question is not whether the defense should be sanctioned but how severe those sanctions should be. It’s unclear if these violations will harm the defense in the jurors’ eyes because the panel does not know why they have been sitting around for almost a week, not listening to testimony. Additionally, Bill Pavelic’s value as a credible investigator is out the window.”

ALBERT DEBLANC JR.

On the prosecution: “They did very well Tuesday. Clark has successfully taken the thunder out of Lopez, whose initial testimony of what she saw on June 12 was good and clear. But just before Lopez left Tuesday, she refused to answer any more questions. She is in total shutdown, uncooperative and very upset. She appears to be a very fragile person.”

On the defense: “They have their work cut out for them, but they also have an opportunity to settle Lopez down and get her back on track. In addition, Cochran now has her tape-recorded statement. He has time to prepare, to neutralize the impact of any inconsistent statements Lopez made because he still has her on direct examination. It remains to be seen whether she will be in sufficient good spirits to give Cochran what he needs to conclude his direct examination.”

Compiled by HENRY WEINSTEIN / Los Angeles Times