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THE O.J. SIMPSON MURDER TRIAL

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<p>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: The rehabilitation of Dennis Fung.

PETER ARENELLA

On the prosecution: “In a redirect whose pace matched the trial’s glacial progress, Goldberg tried to rehabilitate Fung by offering innocent explanations for his misleading answers and pointed reminders about how much evidence links Simpson to the crimes. Goldberg also used news footage to undermine defense claims that a belated transfer of O.J.’s blood sample gave police an opportunity to plant evidence. But was the jury paying attention during the long pauses?”

On the defense: “The Dream Team has effectively used the media throughout this case to reinforce two themes: police incompetence and police corruption motivated by racial bias. But those who live by the sword die by the sword--sometimes. Media reports of insensitive jokes about Fung’s ethnicity and media-volunteered video tapes showing Det. Vannatter delivering Simpson’s blood sample to Fung took some of the wind out of the defense’s sails.”

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LAURIE LEVENSON

On the prosecution: “It wasn’t flashy, but the redirect seemed to work. Step-by-step, frame-by-frame Goldberg showed why Fung was neither an incompetent nor a conspirator. Goldberg hit four areas: showing that Simpson’s blood sample was delivered to Fung, explaining Fung’s use of the words ‘I collected,’ establishing a trail of bloody shoe prints leading into Simpson’s car and suggesting why the contamination theory cannot explain all the evidence.”

On the defense: “Scheck has worn Judge Ito’s patience thin. Scheck wanted to reargue Friday’s motion but he was cut off and could only sit and watch as the impact of his cross-examination of Fung slowly evaporated. On re-cross, Scheck is trying to come back to his theme of a cover-up, but it is harder now for Scheck to make his points because the jury knows of Fung’s communication problem. Scheck looks like he’s plowing old ground.”

GIGI GORDON

On the prosecution: “Goldberg struggled mightily to push the rock up the hill and keep it there. But, like Sisyphus, his stone kept rolling back down. Fung’s alleged difficulty with pronouns is too convenient for words. His recovered memory syndrome may appear to the jury as ‘too little, too late.’ After all this, the top of the news Monday was not Fung’s recovery, but Kato Kaelin’s book deal.”

On the defense: “To the defense’s delight, Goldberg looked an awful lot like the little Dutch guy with his finger in the dike. After redirect comes recross, and Goldberg left enough clear water for Scheck to sail right through again. As the defense knows, underestimation of Scheck’s abilities has proven disastrous for the prosecution. Fung’s explanations served only to provide further fodder for recross.”

Compiled by TIM RUTTEN / Los Angeles Times

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