Judge Lance ItoA concern has been raised regarding the court’s ability to be fair and impartial. It could be argued that the court would not want the court’s wife to be embarrassed. And what’s unfortunate is that things are said about people all the time, things that are not accurate, not kind, disparaging. I love my wife dearly, and I am… wounded by criticism of her, as any spouse would be. And, uh… I think that it would be reasonable to assume that… could have some impact. Women who work in male-dominated professions, I think, are tougher than most. [Chris glances at Marcia as he says this] And if they are successful, they are almost always… targets for this kind of treatment. There is also an argument that this court, in ruling, might be motivated to punish Detective Fuhrman for making these statements about his wife. So it cuts both ways. This may be a conflict for me, which could trigger a mistrial, so… I think that another judge has to determine whether or not this case can remain before this court.
Judge Lance Ito
Mr. Dunne, I’ve read some of your past coverage of murder trials in Vanity Fair magazine.
DDDominick Dunne
I’m lucky I write for a magazine that allows me to take a stand, Your Honor.
Judge Lance Ito
Well, there’s no mistaking how you feel.
DDDominick Dunne
No. That’s something I’m proud about.
Judge Lance Ito
I am, uh, assigning you a permanent seat in the front row. You’ll be next to the Goldmans. And the seat is yours for the length of the trial.
DDDominick Dunne
Thank you, Your Honor.
Judge Lance Ito
Without, uh, being too forward, I sense that you’ll be able to sympathize them in a way that the rest of us cannot, that you’ll know how to deal with them, not intrude or ask inappropriate questions.
DDDominick Dunne
Because of my daughter’s murder?
Judge Lance Ito
[embarrassed] Yes. Well, I apologise for dredging up what I imagine is a deeply painful memory, but I felt it was important that you know why.
DDDominick Dunne
I’m sure that the Goldmans will appreciate the gesture, Your Honor, I know I do. The trial of Dominique’s killer was torture enough. But then the way he got off with a slap on the wrist… Let’s hope this one goes better.
The Reverend Dr. Martin Luther King Jr. said it best: “Injustice anywhere is a threat to justice everywhere.” And so here… we embark upon a search for justice. A search for truth. None of us were there on June 12th, 1994. We must rely upon the witnesses to get a full picture. But let me talk about those witnesses the prosecution didn’t mention. Witnesses who will exonerate O.J. Simpson. One might wonder why the prosecution didn’t bring to your attention: Mary Anne Gerchas. Or Rosa Lopez. [Marcia and Bill go from confused to somewhat agitated, and Bill starts flicking through his notes] Or Joe Stellini. Or Alan Austin. Or…
[Bill leaps to his feet and interrupts him]
BHBill Hodgman
[quickly, in obvious agitation] Your Honor, I hesitate to interrupt another lawyer’s opening statement, but it appears that, for some reason, these witnesses have not been turned over to the People!
[There is murmuring in the gallery. Ito bangs his gavel for silence]
Judge Lance Ito
All right. Maybe we should excuse the Jury. Bailiff? [the Jury are escorted out, while Marcia tries to calm Bill] Mr. Hodgman?
BHBill Hodgman
Your Honor, what is this? Opening statement by – by ambush!? This is a complete surprise, A-a horrible breakdown. The People have not received reciprocal discovery!
Judge Lance Ito
[to Cochran] Counsel, can you address these issues?
I will, I will try, Your Honor.
Judge Lance Ito
I have to say, Mr. Douglas, I’ve known Mr. Hodgman as a colleague and as a trial lawyer, and I’ve never seen the expression on his face that I see right now. Mr. Hodgman, why don’t you take a few deep breaths?
[Johnnie Cochran is preparing to call his witness, Ms. Rosa Lopez, out of order. The previous day, Marcia had been forced to concede because of her personal childcare issues]
Judge Lance Ito
Mr. Cochran, is Ms. Lopez present here today?
Judge Lance Ito
And do you anticipate that we can hear what she has to say in one day?
I would expect so, Your Honor, barring any acts of God, or further childcare crisises from Ms. Clark.
[O.J. chuckles to himself, but an outraged Marcia gets to her feet]
Your Honor. I am offended by Mr. Cochran’s remarks, as a woman, and as a mother. Mr. Cochran may not know what it’s like to work a 70-hour work week and also take care of a family, but I do. And many other people do, too. To belittle my childcare issues in your courtroom is unconscionable and totally out of line.
Ms. Lopez, just to confirm your occupation, you are the housekeeper of Mr. Simpson’s neighbour, is that correct?
Mr. Cochran has moved the court to disrupt our schedule because you threatened to leave the country, since you’re being hounded by the press.
RLRosa Lopez
I stay just for today for Mr. Johnnie. Tomorrow, I fly.
Uh-huh. So when did you make this flight reservation for El Salvador?
RLRosa Lopez
This morning.
Really? Yesterday, Mr. Cochran stated that you had had one then.
RLRosa Lopez
I did. And I didn’t. I make it today.
[smiling to herself] Ms. Lopez, we called the airlines. They don’t show any reservation for you, at all. Not for yesterday, not for today, not for tomorrow.
RLRosa Lopez
Because I’m going to reserve it, as soon as I leave here.
So then, Ms. Lopez, could you please explain to the court why you are filing for unemployment when you say you’re leaving the country forever?
[whispering to Johnnie] You need to get this woman off the stand. What the hell is going on?
[continuing] In your first statements, you saw the Bronco at 10pm, but now you say it’s 10:15. So which is it? Did you see the Bronco at 10, or 10:15?
RLRosa Lopez
Does it matter?
Yes, it matters very much. It’s why you’re here. Please answer the question.
[Rosa shrugs]
Judge Lance Ito
Ms. Lopez, a shrug is not an answer.
So which is it? 10 or 10:15?
RLRosa Lopez
Whatever Mr. Johnnie says I said.
No. Not what Mr. Cochran says. We need to be told what you saw.
RLRosa Lopez
[after a moment] No me recuerdo.
Judge Lance Ito
Ms. Lopez, in English please, unless you need a translator.
RLRosa Lopez
I say I don’t remember.
You don’t remember? Hmm. [smiles] Good enough for me. No further questions.
[She takes a seat, while the Defence team look embarrassed]
[quietly] “Mister Johnnie?” Jesus.
DSDennis Schatzman
[seeing Marcia’s new hairstyle] Goddamn. Who turned her into Rick James?
[Marcia enters the courtroom, smiles to herself and enters. The gallery conversations noticeably die down as they all see her, while O.J. does a double-take. Marcia takes her seat]
Judge Lance Ito
Good morning Ms. Clark. I think.
[Discussing Juror #462’s accusation against her husband of physically abusing her, which she did not disclose]
As she said, this was simply a misunderstanding.
She didn’t lie. She said…
She said no to the question “have you ever been a victim of domestic violence?” Her husband raped her twice.
Actually, it wasn’t legally rape in ’88. [Darden frowns in confusion] I mean, between a husband and wife.
[Ito rolls his eyes, while Marcia stares at Bailey in disbelief]
You just said that. Out loud.
Judge Lance Ito
All right, so let me get this straight. The defence is arguing to keep a victim of domestic abuse, and the People are arguing to dismiss her? Somehow, I get the idea if this juror were white, we’d be having a different conversation right now. I have no choice but to dismiss #462.
Truth, Ms. Clark. The truth. The court hides nothing from the people! Nothing!
[Chris loses his temper, slams his hand on the desk, leaps to his feet and rounds on Johnnie]
CDChristoper Darden
The truth? You’ve presented a defence that is based completely on lies and deceptions! Just teasing the public, the media, by throwing them bits of the tapes. Inflaming the public’s passions, in an attempt to exert political pressure over His Honor… [Ito raises his hand] In an attempt to pressure the court into admitting in the Fuhrman tapes!
Judge Lance Ito
Mr. Darden!
CDChristoper Darden
[To Ito] This case is a circus! And the defence has made it into a circus! And the court has allowed them to walk all over…
Judge Lance Ito
Mr. Darden, you are close to being held in contempt!
CDChristoper Darden
Well, I should be held in contempt! [The defence team starts laughing at this, but are immediately startled into silence] There’s nothing funny here!
Judge Lance Ito
Mr. Darden.
[softly, with some concern in his voice] Chris, calm down.
CDChristoper Darden
Don’t.
Judge Lance Ito
Mr. Darden! MR. DARDEN! I am warning you. A good piece of advice – take three deep breaths, then contemplate what you are about to say next.
[There is a long silence, as everyone stares at him apprehensively]
I would like counsel, Your Honor.
Judge Lance Ito
[after a brief pause, during which everyone reacts with dismay] All right, Mr. Darden, you can have counsel. Do you wish to call your counsel at this time, Mr. Darden?
[Chris sits and locks eyes pleadingly with Marcia, who after a moment gets to her feet]
I would like to be heard on behalf of Mr. Darden, Your Honor.
Judge Lance Ito
Ms. Clark, do you represent Mr. Darden in this matter?
I don’t know if I’m legally entitled to, but I would like to be heard. Mr. Darden is simply responding to the unfair events that have occurred in this courtroom today, and other days. The court has been exploited, by counsel for cross-purposes.
Judge Lance Ito
Ms. Clark, I think perhaps you need to take ten deep breaths, for you also are about to be held in contempt.
Shall I take off my watch and jewellery?
[Everyone looks shocked by this remark. Chris tenderly takes her hand, and guides her down. After they exchange a long glance, Chris gets to his feet again]
Your Honor? Perhaps some of my comments may have been, um, uh, somewhat inappropriate. I apologise the to the court. I meant no disrespect.
Judge Lance Ito
All right, Mr. Darden. I accept your apology. I apologise to you for my reaction as well. You and I have known each other for a number of years, and I know that your response was out of character, so thank you.
American Crime Story · 38 quotes
