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- <text id=94TT1013>
- <title>
- Aug. 01, 1994: Justice:The D.A. on the Defensive
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Aug. 01, 1994 This is the beginning...:Rwanda/Zaire
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 25
- The D.A. on the Defensive
- </hdr>
- <body>
- <p>By Jill Smolowe. Reported by Elaine Lafferty/Los Angeles
- </p>
- <p> For those keeping score, the Simpson defense team played pretty
- good offense last week, while District Attorney Gil Garcetti's
- office seemed to be stumbling all over the field. Some of the
- moves by Simpson's legal team were largely theatrical: attorney
- Leroy Taft set up a toll-free number and a $500,000 reward for
- tips leading to the arrest of the "real killer." Potentially
- more damaging, the Los Angeles County coroner's office, pressured
- by media leaks, admitted that 16 pieces of evidence in the Simpson
- case had been mishandled. Though most of the errors were minor
- (a container of bile temporarily mislabeled as urine), the admission
- presented an opening for the defense to press its contention
- that every step of the investigation has been sloppy. And press
- it did. Shapiro filed a motion charging investigators with failing
- to pursue witnesses and physical evidence that might buttress
- Simpson's claim of innocence.
- </p>
- <p> The coroner's foul-up was particularly painful to some in the
- D.A.'s office who had opposed using deputy medical examiner
- Irwin Golden to head the coroner's investigation. Citing Golden's
- reputation for sloppiness, several deputy D.A.s had urged lead
- prosecutor Marcia Clark to get someone else assigned. "It'll
- be O.K.," Clark responded. She soon learned otherwise. Among
- the errors that forensic experts see as most serious: the contents
- of Nicole Simpson's stomach, which would have been useful in
- pinpointing the time of her death, were discarded, and her bloody
- clothes were improperly placed in a communal drip pan that may
- have contaminated blood samples.
- </p>
- <p> But the D.A.'s office has little time to dwell on such setbacks.
- It is in the midst of an intraoffice debate over whether to
- pursue the death penalty for Simpson. If Garcetti's office opts
- for death, it risks an acquittal by jurors who don't want to
- see Simpson executed. If it rejects a capital trial, Garcetti
- can expect some people to accuse him of granting Simpson preferential
- treatment. Though sentiment in the office is currently against
- seeking the death penalty, there are strong opinions on the
- other side. Says a deputy D.A.: "How do we justify not asking
- for the death penalty if we really believe that O.J. Simpson
- premeditated the murder of two people? On the straight facts
- alone, if this case does not qualify for the death penalty,
- I can't imagine what case will ever justify it."
- </p>
- <p> More depressing for many seasoned prosecutors is the mounting
- sense that Simpson has a good chance of walking free. They regard
- the addition of Johnnie Cochran to the defense team as a major
- blow. "It's going to be all these white people up there against
- O.J. and Cochran," says a deputy district attorney. "This is
- a downtown jury and there are going to be a number of black
- people on it." Last week a number of senior deputy D.A.s gathered
- socially, and the talk invariably turned to the Simpson case.
- An air of resignation immediately overwhelmed the room. "It
- is not a winnable case," said an attorney. "My prediction? Hung
- jury, bail, retrial, hung again, dismissed." As he spoke, his
- colleagues listened in gloomy silence--and nodded.
- </p>
- </body>
- </article>
- </text>
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