Will it be a who-done-it or a why-did-he-do-it? When -- and if -- O.J. Simpson stands trial for the slayings of Nicole Brown Simpson and Ronald Goldman, that will be the central question.
Last week, Simpson pleaded not guilty to two charges of first- degree murder. So far there are no eyewitnesses (some question the legal value of the testimony of one woman who said she saw Simpson near the crime scene, as she reportedly sold her story) and no murder weapon. And prosecutors deny the existence of a bloody ski mask, the rumored evidence of premeditation.
Passion defense. But it is early. Potentially damaging forensic evidence reportedly continues to surface. If it proves overwhelming, legal experts say, Simpson's lawyers might opt for a "crime of passion" defense, a favorite of batterers allegedly turned murderous. In that defense, the defendant is often portrayed as a long-suffering partner who finally snaps. Because battered women are often too frightened to file charges, a pattern of violence is rarely provable.
Simpson's 1989 arrest for spousal battery and the 911 calls last fall, after he apparently bashed in a door at Nicole Simpson's house, won't help him. But lawyers say the viciousness of the assault and his behavior after he was charged -- his suicidal note, freeway flight and despondency -- could bolster a crime-of-passion defense.
The law says jurors must believe that a crime-of-passion killer's actions were those of a "reasonable man." But in the case of someone as celebrated as O.J. Simpson, experts warn, jurors might be inclined to lean over backward to give him a break.
That possibility has not been lost on Los Angeles District Attorney Gil Garcetti, who spent much of last week trying to peel away Simpson's football-hero veneer. Even so, Simpson is getting more than 100 letters a day in jail. Late last week, Garcetti halted release of any more police tapes or records in the case to avoid the appearance of trying Simpson's case in the press. A judge stopped the work of a grand jury for fear its decisions had been influenced by the massive press coverage. That all means the real legal battle over Simpson's fate begins this week in court -- in public.
