10 ore 15 min, 7 sett 1995 anni - Defense announces Simpson won't testify

Descrizione:

The defense announces that Simpson won't testify on his own behalf.


Simpson Tells Why He Declined To Testify as Two Sides Rest Case By David Margolick
Sept. 23, 1995

"Breaking his long silence, O. J. Simpson rose today to explain his failure to testify, and to reiterate his innocence, his faith in the jury and his love for his family. Then both sides in the Simpson trial rested, and Judge Lance A. Ito laid out the law to jurors who will soon decide the defendant's fate.

In a gesture that left prosecutors and the father of one victim literally trembling with rage, Mr. Simpson turned a routine waiver of his right to testify into a mini-oration before the jury entered the room. Aside from an occasional "Yes, your Honor" and one "too tight," it was his first public statement in months. For all its seeming spontaneity, one member of the defense conceded that it was two weeks in the works.

"As much as I would like to address some of the misrepresentations about myself, and my -- Nicole, and our life together," Mr. Simpson said, "I am mindful of the mood and the stamina of this jury. I have confidence, a lot more than it seems Miss Clark has, of their integrity that they will find as the record stands now that I did not, could not and would not have committed this crime.

"I have four kids -- two kids I haven't seen in a year," he continued. "They asked me every week, 'Dad, how much longer?' "

Judge Ito interrupted.

"I want this trial over," Mr. Simpson added. After telling the judge he understood he had a right to testify as a witness, Mr. Simpson resumed his seat, with his chief lawyer, Johnnie L. Cochran Jr., patting him on the back.

Mr. Simpson spoke in his mellifluous bass-baritone, the one that once hailed "the superstar in Rent-a-Car." Though he spoke softly, his voice resonated throughout the courtroom. And he spoke unhaltingly, except for what seemed like some calculated chosen commas. As he talked, his eyes watered and he choked up.

Deputy District Attorney Marcia Clark had beseeched Judge Ito to keep Mr. Simpson from speaking. She accused Mr. Simpson and his lawyers of making a pernicious pitch to jurors, one that would inevitably reach them through pillow talk during this weekend's conjugal visits.

In a statement District Attorney Gil Garcetti said it was "grossly inappropriate to permit Mr. Simpson to, in effect, testify without taking the stand and without subjecting himself to cross-examination." At a news conference, Fred Goldman, whose son, Ronald, was killed alongside Nicole Brown Simpson 15 months ago, called Mr. Simpson a "coward" for speaking only when he knew he could not be questioned.

"It's disgusting what he did, it's disgusting that his 'Dream Team' -- 'Scheme Team' maybe is more accurate -- would come here and stand in front of you and tell you it was his right to make a statement in court," said Mr. Goldman, his voice breaking. "And it's disgusting to me also that the judge tolerated it."

Mr. Goldman said he had little doubt that Mr. Simpson's comments would eventually reach the jury. "Are we nuts?" he asked. "Do we really believe that these people are sequestered to a point where they don't know anything that's going on in the outside world? This was part of the normal orchestrated defense, throwing garbage out there on a regular basis to influence this jury above and beyond testimony."

But standing before the same microphone moments earlier, Mr. Cochran said it was Mr. Simpson's right to speak. "The judge asked Mr. Simpson a question," he said. "In America, if someone asks you a question you have a right to respond."

Mr. Cochran insisted that Mr. Simpson had merely blurted out what had long been bottled up inside him and that his comments were not an end-run around the jury. "He was speaking from his heart," Mr. Cochran said. "That was spontaneous."

While Mr. Simpson opted not to testify, his statement gave hints of what would have happened had he done so, Mr. Cochran said, noting: "I think you saw in the emotion in his voice: the prosecution should be glad that O. J. Simpson didn't take the stand. He is a compelling, an outstanding witness. But in this courtroom, at this time, the examination of O. J. Simpson would have gone on forever. Marcia would have kept him up there forever, and that would have been unfair."

When court began, Judge Ito acceded to defense requests and amended one instruction, agreeing to tell jurors that they could consider possible laboratory error in determining the weight they give to DNA testimony. Then the two sides rested, with both Mr. Cochran and Ms. Clark each bidding jurors ostentatious good-mornings beforehand.

Judge Ito directed a sheriff's deputy to keep anyone from entering or leaving the room. And for the next 36 minutes, he read his instructions to the 14 members of his jury panel, 12 of whom -- 10 women and 2 men (9 blacks, 2 whites and one Hispanic man) -- will decide the case.

Turning pages rapidly and following the text of his jury instructions with his right index finger, Judge Ito defined terms like "deadly or dangerous weapon," "beyond a reasonable doubt" and "murder" (when "a human being was killed" unlawfully and with "malice aforethought") and when that murder is of the first or second degree.

His formulaic instructions at times seemed unnecessary, as when he told jurors who have been under virtual 24-hour house arrest not to visit the crime scene or to consult encyclopedias. But others seemed tailored to the peculiar circumstances of this case, like an instruction that anyone caught lying on one issue could be disbelieved on others. Though the name of Mark Fuhrman, the former detective, was never mentioned, it was a clear reference to his testimony.

Closing arguments -- Ms. Clark and perhaps a colleague for the prosecution, Mr. Cochran and Barry Scheck for the defense -- are expected to consume all of next week, which will be shortened by Rosh ha-Shanah on Monday but perhaps lengthened by court days running until 9 P.M. Every juror nodded approvingly at the prospect of picking up the pace. Some even smiled.

It was an uncharacteristically soft-spoken Mr. Cochran who told Judge Ito this morning that his client "would like to make a brief statement.". Mr. Cochran slipped in the request quietly, casually amid two mere formalities: resting his case, and asking Judge Ito to acquit Mr. Simpson before the case ever reached the jury.

Ms. Clark quickly objected. Speaking just as quietly as Mr. Cochran, but with vehemence rather than charm, she told Judge Ito that the defense was about to pull a fast one.

"This is a very obvious defense bid to get material admitted through conjugal visits that is not admitted in court," she said. "Please don't do this, your Honor. I beg you."

Judge Ito appeared to take Ms. Clark's objection as an affront -- a suggestion that he could not keep control over his court. All he was interested in, the judge said, was whether Mr. Simpson had knowingly forgone his right to testify.

But when Mr. Simpson spoke, it was clear that he had something else in mind. According to one defense lawyer, he had worked on his statement during the last two weeks, with help from Mr. Cochran and Mr. Simpson's friend -- another lawyer, Robert Kardashian. Only after Mr. Simpson had said his piece did Judge Ito extract the waiver.

Moments later, her hands trembling, Ms. Clark demanded that Mr. Simpson take the stand. "Since he would like to make these statements to the Court, I would like the opportunity to examine him about them," she told Judge Ito. "May he take a seat in the blue chair and we'll have a discussion?"

"Thank you," was all that Judge Ito replied. As he parsed the law, the jurors, most of whom have filled numerous notebooks, put down their pens, looked at him and listened immobilized like soldiers at attention. In the front row, a man stroked his lip and a woman leaned her head on her fist. In the back row, another woman watched with a concerned expression.

As the judge spoke, Mr. Simpson stared toward the empty witness box. Mr. Cochran sat way back in his chair, with a cheery, almost proprietary air. While Ms. Clark chatted with Deputy District Attorney Brian Kelberg, another prosecutor, Christopher A. Darden, remained apart -- and silent. Ronald L. Goldman's stepmother, Patty Goldman, wrote notes to her husband.

"Do you still think acquittal is a possibility?" one note asked. Mr. Goldman read it but wrote nothing on her pad. IN HIS OWN WORDS Simpson's Statement

"Good morning, your honor. As much as I would like to address some of the misrepresentations about myself, and my Nicole, and our life together, I am mindful of the mood and the stamina of this jury. I have confidence, a lot more it seems than Miss Clark has, of their integrity and that they will find as the record stands now, that I did not, could not and would not have committed this crime.

"I have four kids. Two kids I haven't seen in a year, they ask me every week, 'Dad, how much longer?' -- I want this trial ove3r."

Judge Lance Ito cut him off, saying, "Mr. Simpson, you do understand your right to testify as a witness?"

"Yes, I do," Simpson responded.

"And you chose to rest your case at this - "

Simpson nodded.

"All right. Thank you very much, sir," Judge Ito said."


Sourced From:
The New York Time

Https://www.nytimes.com/1995/09/23/us/simpson-tells-why-he-declined-to-testify-as-two-sides-rest-case.html

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