10 h, jan 4, 1995 y - Defense waives hearing to challenge DNA evidence

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The defense waives hearing for challenge of prosecution's DNA evidence


"O.J. lawyers want DNA hearing canceled
By TERRI VERMEULEN

LOS ANGELES, Dec. 13 -- 1995 O.J. Simpson's defense team switched tactics Tuesday, filing a motion asking the judge to cancel a hearing on the admissibility of crucial DNA tests on blood evidence and begin the football legend's trial by Jan. 4. In their 13-page motion, Simpson's attorneys asked Superior Court Judge Lance Ito to cancel the hearing they had originally requested and allow the admissibility of evidence to be argued in front of the jury during the trial. The motion also seeks to begin opening arguments by Jan. 4, when the DNA hearing was scheduled to begin. The hearing was expected to take at least five weeks. Ito is expected to set a date Wednesday for a hearing on the motion. The motion said the DNA hearing would violate Simpson's rights to due process and a fair and speedy trial 'before a fair and impartial jury untainted by the continuing barrage of prejudicial pretrial publicity.' 'Even if the jury is sequestered, there is great risk that the reason for the long delay before opening statements could be the subject of damaging speculation by jurors, and sorely try their patience at the outset of a lengthy and complex trial,' the motion said. Ito has said he has not decided whether the panel of 12 regular jurors and 12 alternates should be sequestered in a hotel during all or part of the trial. Simpson has been impatient for the trial to begin. His lead attorney, Robert Shapiro, has said that Simpson thought the trial would be over by now.

Simpson, 47, is charged with two counts of murder for the June 12 stabbing and slashing deaths of his ex-wife, Nicole Brown Simpson, 35, and her friend, Ronald Goldman, 25, at her Brentwood condominium. If convicted, he could spend the rest of his life in prison. The results from DNA tests on blood and hair found at the crime scene and Simpson's Brentwood mansion are expected to be among the most crucial evidence against the football legend. In the motion, defense attorneys said Simpson was not waiving claims for admissibility of the DNA evidence or arising from improper instructions given to the jury about the admissibility of such evidence. 'They're trying to have their cake and eat it too,' Loyola Law School professor Stan Goldman said. 'They are attempting to conduct the hearing. They want to do it in front of the jury.' The defense team would benefit by saving money, speeding up the trial and possibly confusing jurors about DNA evidence, Goldman said. 'I think that's what the defense wants -- a confused jury. This really causes confusion for the jury,' USC law professor Erwin Chemerinsky said, noting that the move could backfire on the defense. Prosecutors are likely to oppose the defense motion since it does not concede admissibility of DNA evidence, Goldman and Chemerinsky said. A spokeswoman for the District Attorney's Office said prosecutors were not going to respond Tuesday to the motion, and that she was not certain whether they would have a written response or argue the matter in court.


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UPI News

Https://www.upi.com/Archives/1994/12/13/OJ-lawyers-want-DNA-hearing-canceled/9875787294800/

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