THE O.J. SIMPSON MURDER TRIAL

UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the O.J. Simpson trial. Joining them is Los Angeles defense lawyer Gerald L. Chaleff, who will rotate with other experts as the case moves forward. Today’s topic: Prosecutor Hank Goldberg attempts to repair the damage done to LAPD criminalist Dennis Fung by Barry Scheck’s cross-examination.

PETER ARENELLA

On the prosecution: “Goldberg effectively ridiculed the defense’s conspiracy theory by undermining Scheck’s version of Fung’s role in the cover-up. Fung did not destroy the original page of an evidence report to conceal the belated transfer of O.J.’s blood sample; he simply misplaced it. Goldberg should quit now and use more credible witnesses to show the jury that mistakes in the collection process cannot explain away all the evidence.”

On the defense: “Seeing how Goldberg had turned the dramatic conclusion of his cross-examination against him, Scheck tried to salvage the defense’s conspiracy theory by having Judge Lance Ito tell the jury that the prosecution intentionally defied his order to promptly produce a missing document. Such an admonition might have mitigated damage by showing jurors prosecutors tried to sandbag the defense. But Ito declined to issue the instruction when it mattered.”

LAURIE LEVENSON

On the prosecution: “Reports of Fung’s demise may have been premature. Goldberg started rehabilitating him by attacking the weaker of the defense theories--that Fung conspired, even with people he had never met before, to frame O.J. Goldberg used Fung’s image as a nerdy criminalist to counteract a claim that he is a crafty conspirator: Fung’s shyness is compatible with him not announcing that he had received Simpson’s blood sample from Philip Vannatter.”

On the defense: “The defense may need to stop gloating in the hallways and start focusing on Fung’s redirect examination. Fung already has shown that he kept, not destroyed, laboratory notes, including those that wouldn’t help him. Such actions seem inconsistent with the defense’s conspiracy claim. Scheck tried to save face by asking for a jury instruction, but he was caught by a bad strategy decision. The jurors may begin to ask who are the real conspirators.”

GERALD L. CHALEFF

On the prosecution: “After cross, comes redirect and the prosecution began its counteroffensive by focusing on the allegation of a police conspiracy to plant blood evidence. Goldberg attacked the most vulnerable of the defense claims--that Fung had altered documents and lied about the time he received Simpson’s blood sample. He even used the defense’s own videotape to bolster Fung’s credibility.”

On the defense: “Wounded by Goldberg’s production of a document they claimed had been destroyed or altered, the defense attempted to recover by charging misconduct and asking Ito to tell jurors the defense had been sandbagged. They achieved a partial victory as Ito agreed it was misconduct, but he delayed a decision regarding any statement to the jury. When testimony finally began, Scheck used objections to prevent Goldberg from achieving a smooth redirect.”

Compiled by HENRY WEINSTEIN / Los Angeles Times