THE O.J. SIMPSON MURDER TRIAL : A Glimpse of Ito the Incurable Sleuth

“Kato Mania” is what Judge Lance A. Ito privately called the hype surrounding Kato Kaelin’s testimony during the O.J. Simpson trial.

But such lunacy aside, Ito believed that the trial was “dull and boring” as the prosecution inched through its presentation in the spring.

Those unguarded observations by Ito are found in 200-plus pages of the transcripts of his hearings last March into juror misconduct. The transcripts were released earlier this month.

Wading through them, I got a better fix on the once obscure man who has suddenly found himself to be America’s most famous trial judge--and still remains something of an enigma to the press. It didn’t give me all the answers. But I got a few insights from the dialogue between Ito, the lawyers and the jurors being investigated for alleged misconduct.

Kaelin, Simpson’s famous non-paying tenant, came up during a discussion about Jeanette Harris, who was eventually dismissed from the jury for failing to disclose her own domestic legal tangle.

Wrapping up a brief morning session in his office on the Harris situation, Ito said it was time to return to the courtroom. “Let’s go back and finish Kato Mania,” he said.

Ito referred to the trial’s flagging pace during a discussion of whether the press would tail Harris once she was dismissed. Deputy Dist. Atty. Marcia Clark didn’t think so. But Ito, with a better appreciation of media tenacity, said, “I think as a practical matter, since the trial has become dull and boring, I think they will want to run with this.”

While these passages were interesting and even amusing, what I found most revealing were the pages that showed Ito’s reaction to what he considered a serious flouting of his orders and the law.

In this case, that of ex-juror Tracy Kennedy, the judge comes through as the former deputy district attorney he is--tracking down untruths and evasions. With a good detective’s tenacity and attention to detail, Ito gathered the evidence that proved Kennedy was gathering material for a book. Then he wrung a confession from the man.

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There are plenty of reasons why I, personally, would not want to serve on a sequestered jury with this particular juror.

For one thing, another juror informed Judge Ito, “he’s always putting his feet on the tables, you know, the dining room table.” He also eavesdropped on the other jurors, Ito was told.

Kennedy’s worst offense by far, another juror said, was that “he had a habit of gargling at the table.” It wasn’t clear whether Kennedy spit out or swallowed the remains of his gargle.

That should be enough for instant dismissal. But what really doomed Kennedy was evidence that he was keeping a list of jurors, apparently as part of research for a book about his experience.

On March 16, Ito called Kennedy in for questioning. The judge, drawing on his years of prosecuting gang members, wasn’t subtle when he began his questioning. “It has been reported to me that you have compiled a list of the names of the jurors in this case,” Ito said. “Is this true?”

“I didn’t compile them, but I have a list of, I have some names of the jurors,” Kennedy replied. He said a previously dismissed juror had compiled the list. “That wasn’t your list, this was something somebody showed you?” Ito asked. “That’s correct,” said Kennedy.

Ito asked several more questions, then got Kennedy’s permission for a sheriff’s deputy to check a computer hard drive and floppy disks for information on the trial. When the deputy searched the box of floppies, he found a piece of notebook paper that contained the names and numbers of the jurors, including some of their last names.

The next day, Ito called in Kennedy again. “When I looked in your computer, in the floppy disc box, there’s a list which appears to have names of jurors,” Ito said.

It had been the deputy, not the judge, who made the discovery. But Ito’s fudging of the truth was good interrogative strategy. Kennedy was obviously overwhelmed by the idea of the judge himself making the search. He confessed immediately.

“You’re right, I thought I threw it away,” Kennedy said.

Not satisfied with the confession, the relentless Ito threatened Kennedy with investigation for lying under oath. “I am going to warn you that it appears that the statement you made to me was not correct and I may be referring this matter to another agency to investigate,” Ito said. “You are discharged, sir.”

With the heavy threat hanging over him, Kennedy said, “I apologize to everyone” and slipped off the Simpson stage.

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This episode illustrates something fundamental about Ito.

He’s an incurable sleuth, shaped by years in the district attorney’s office, forever influenced by his years as a front-line soldier in the battle against crime, working shoulder to shoulder with street cops and detectives, prosecuting tough gang members.

Today, he’s Ito the judge. But when watching him on the bench, remember what Tracy Kennedy found out. He used to be Ito the prosecutor.