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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 defense attorney Michael D. Nasatir, who will rotate with other experts as the case moves forward. Today’s topic: Exit Lange, enter Fuhrman.

PETER ARENELLA

On the prosecution: Using Marcia Clark to examine Detective Mark Fuhrman was a smart move. So was Clark’s stealing some of the defense’s thunder by showing the jury Kathleen Bell’s letter alleging racist remarks by Fuhrman and having him deny not only them but also that he ever met Bell. She also used Fuhrman’s failure to even write up a report concerning the 1985 domestic abuse incident to undermine any notion that Fuhrman would harass interracial couples.

On the defense: We will soon learn whether F. Lee Bailey still has his fast ball. The defense must effectively paint Fuhrman as a racist to provide the motive that could explain why he would want to plant evidence. To draw that portrait, Bailey must first penetrate Fuhrman’s cool demeanor and precise explanations of his actions. One way to do that would be to show that Fuhrman already has lied to the jury, when he denied ever meeting Bell.

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LAURIE LEVENSON

On the prosecution: So far, so good for Fuhrman. Clark smartly fronted Bell’s allegations of racist remarks and had Fuhrman respond to them. She was able to move on to show Fuhrman as a competent, hard-working detective. His soft-spoken manner on the stand stood in stark contrast to the image the defense has painted of him. The real test will come on cross-examination, when Fuhrman must defend not only his actions but also his past.

On the defense: Once again, Johnnie Cochran was effective in his cross-examination of Detective Tom Lange. He continued to raise the specter of possible drug-related murders. He further showed that despite a worldwide investigation, the police never recovered a weapon linking Simpson to the killings. Now, the ball is in Bailey’s court to develop another defense theory--that Fuhrman is a racist who went so far as to plant evidence.

MICHAEL D. NASATIR

On the prosecution: On her redirect examination of Lange, Marcia Clark tried to shut all the doors that she thought Cochran opened during his cross-examination. But she never dispelled the notion that Lange ignored leads other than those that led to Simpson. Bringing out the Bell letter at the beginning of Fuhrman’s testimony was a bold move, since the jury has yet to meet the Mark Fuhrman the prosecution wants them to know.

On the defense: Cochran’s cross-examination of Lange continued to show the detective’s one-suspect theory of the case and his refusal to consider other leads and other suspects. He also planted the seeds for the defense that it is reasonable to conclude that there may have been other reasons and other suspects that resulted in the deaths at Bundy Drive. Now, we’ll see what the defense makes of Fuhrman’s actions on that night.

Compiled by TIM RUTTEN / Los Angeles Times

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