THE O.J. SIMPSON MURDER TRIAL

UCLA law professor Peter Arenella and Loyola Law School professor Laurie Levenson regularly offer their take on the Simpson trial. Joining them today is defense attorney Gerald L. Chaleff, who will rotate with other experts as the case moves forward. Today’s topic: The jury finally hears it.

PETER ARENELLA

On the defense: “Natalie Singer’s characterization of Fuhrman’s tone as hateful and arrogant when using racial slurs gave the defense part of what Judge Ito’s initial ruling had denied them: an opportunity to show the jury the depth and ugliness of Mark Fuhrman’s racism. Ito then permitted the defense to play a more powerful tape excerpt than initially permitted. If that were not enough, a well-coached Laura McKinny told jurors they would not hear the worst of it.”

On the prosecution: “It doesn’t get much worse than this. A police photographer suggested that Fuhrman had access to the Bundy crime scene in the dark, hours before he left for Rockingham--suggesting he had opportunity to find and move a second glove. Cicumstances compelled a gentle cross of Kathleen Bell and Singer because the tapes support their testimony. Prosecutors must hope the jurors will focus on physical evidence despite their anger at Fuhrman.”

LAURIE LEVENSON

On the defense: “The Fuhrman trial has begun. Realizing there are very few decisions Ito won’t reconsider, Johnnie Cochran squeezed in more witnesses to condemn Fuhrman and won the use of a more damaging tape excerpt. The defense then tried to tie Fuhrman to a conspiracy by suggesting there was no blood in the Bronco weeks after the crime and displaying photos allegedly showing Fuhrman in contact with the Bundy evidence earlier than he admitted.”

On the prosecution: “Prosecutors got hit by many of the bullets they thought they had dodged last week. Witness after witness, the defense changed the focus of the trial to Fuhrman and his use of a racial slur. Prosecutors held back in their cross-examination, undoubtedly hoping they could make this nightmare go away as soon and as painlessly as possible. But F. Lee Bailey and Cochran drew out their questioning, molding Fuhrman’s racism into the centerpiece of the defense.”

GERALD L. CHALEFF

On the defense: “The defense began its trial of Fuhrman in earnest, calling a series of witnesses--none of whom knew each other--to testify that each had heard him express racist sentiments and employ racial epithets. Together they demonstrated that Fuhrman lied when he told the jury that he had not used what is now referred to as the ‘N-word’ during the last 10 years. Rarely has such explosive and damaging testimony been heard in a case of this magnitude.”

On the prosecution: “Prosecutors gingerly and briefly cross-examined the first two witnesses against Fuhrman, knowing that his views on race are indefensible and fearing that too vigorous a challenge might allow the jury to hear additional tape excerpts. Prosecutors dodged the biggest bullet when Judge Ito refused to reconsider his ruling on the use of the tapes. But there may be trouble ahead, as Ito signalled the question of confronting Fuhrman with the tapes is open.”

Compiled by TIM RUTTEN / Los Angeles Times