Murder in Brentwood (21 page)

[I always believed that Ron and Nicole were lovers.]

They did not want to use any evidence that might possibly be construed as a claim of innocence by the defendant. Therefore, they kept some of his most incriminating statements and actions out of the trial.

They did not want to use any evidence they considered tainted, and therefore lost the chance to make several important arguments. And they didn’t use some very critical evidence or key witnesses, for reasons only they understand.

The fingerprint Brad and I saw on the rear gate was either lost or destroyed. The Swiss Army knife box we found in the master bathroom was never introduced, even though we were explicitly told by the Robbery/Homicide detectives to look for a knife or knife packaging. The bubble gum I found weeks after the murders was never used, or probably never even investigated. The piece of wood I found by the Bronco was never sufficiently explained in court. The gauze wrapper I found behind Kato’s bungalow was never even used. These are the pieces of evidence I had personal knowledge of. How much other evidence was similarly neglected?

In addition to their not taking full advantage of the physical evidence available to them, the prosecution consistently refused to use Simpson’s own words and actions against him. These statements and events seemed clear indications of guilt, but were not used by the prosecution because they feared that Introducing them into the trial would give the defendant sympathy or an apparent claim of innocence.

Simpson’s escape and the slow-speed Bronco chase were not introduced during the trial. Here he was, fleeing from arrest, armed with a gun, and either holding a hostage or aided by an accomplice. In his possession was a loaded pistol, a disguise, and nearly $9,000 in cash. If these circumstances don’t indicate guilt, I don’t know what does. An effective prosecutor would have argued that an innocent man does not try to escape. Simpson s “suicide note” was also never. It is a strange document and deserves consideration. I present it here exactly how it was written, [see facsimile starting next page.]

Simpson is obviously racked with guilt. He is trying to confess to himself without making any incriminating statements. His claims of innocence ring hollow, and while he does show some concern for his children, it is clear that he is mostly worried about himself. He feels guilt and remorse, but not because he murdered the mother of his children. His biggest regret is that he will no longer be able to hang out with his friends. His life as a famous celebrity is over. When he says goodbye to his friends and family, is it because he is planning to kill himself, or because he knows he is going to jail for a long time? It’s interesting that he says to his mentor (and possible sexual rival) Marcus Allen, “don’t mess up” his current relationship.

He pretends to have adjusted to losing Nicole, and even attempts to portray himself as a “battered husband,” a tactic that the defense used later in the trial. Simpson also obviously holds out hope for reconciliation with Nicole, and at the same time he says he knows that it’s over.

The last paragraph is particularly interesting. “Don’t feel sorry for me.” Of course, he’s busy feeling sorry for himself. “Please think of the real O.J. and not this lost person.” In other words, think of O.J. the football player and celebrity, not the man who murdered two people. Perhaps the sign-off “Peace + Love O.J.” with a happy face drawn in the first initial of his nickname is a desperate attempt to literally put a happy face on a horrible deed. In some ways, his letter seems like an awkward attempt at a positive press release- for himself.

To Whom It May Concern
                  
6/15/94

First everyone understand --- nothing to do with Nicole’s murder.
 
I loved her, always have and always will. If we had a problem its because I loved her so much. Recitly we came to the understanding that for now we weren’t right for each other at lest for now.
 
Dispite our love we were different and that’s why we murtually agreed to go our separate ways.
 
It was tough spitting for a second time but we both knew it was for the best.
 
Inside I had no doubt that in the future we would be close as friend or more.
 

Unlike whats been in the press, Nicole + I had a great relationsh for most of our lives together.
 
Like all long term relationships we had downs + ups. I took the heat New Years 1989 because that’s what I was supposed to do I did not plead no contest for any other reason but to protect our privacy and was advised it would end the press hype. I don’t want to belabor knocking the press
 
but I can’t believe whats being said.
 
Most of it totally made up. I know you have a job to do but as a last wish, please, please, please leave my children in peace.
 
Their lives will be tough enough.

I want to send my love and thanks to all my friend I’m sorry I can’t name everyone of you.
 
Especilly AC, man thanks for being in my life. The support and friendship I receive from so many. Wayne Hughes, Louis Marx, Frank Marc Packer, Olson, Bender, Bobby Kardashian I wish we had spend more time together in recite years. My golfing buddie Hoss, Allen Austin, Mike, Craig, Bender, Wyler, Sandy, Jay Donnie Sofer, thank for the fun.
 
All my teammate over the years. Reggie, you were the soul of my pro career. Ahmad I never stop being proud of you. Marcus you got a great lady in Katherine don’t mess it up. Bobby Chandler thanks for always being their.
 
Skip + Cathy I love you guys without you I never would have made it this far. Marquerite. Thanks for those early years we had some fun. Paula, what can I say you are special I’m sorry we’re not going to have our chance. God brought you to me I now see, as I leave you’ll be in my thoughts.

I think of my life and feel I’v done most of the right things so why do I end up like this. I can’t go on, no matter what the outcome people will look and point. I can’t take that I can’t subject my children to that. This way they can move on and go on with thair lives. Please if I’v done anythinjg werthwihil in my life, let my kids live in peace from you (press).

I’v had a good life. I’m proud of how I lived, my mama tought me to Do Un To Other. I treated people the way I wanted to be treated I’v always tried to be up + helpful so why is this happening. I know how much it hurts.

Nicole and I had a good life together, all this press talk about a rocky relationship was no more than what ever long term relationsh experiences. All her friends will confirm that I’v been totally loving and understanding of what she’s been going through. At times I’v felt like a battered husband or boyfriend but I loved her, made that clear to everyone and would take whatever to make us work.

Don’t feel sorry for me. I’ve had a great life made great friends. Please think of the real O.J. and not this lost person.Thank for making my life special I hope I help yours.

Peace + love

O.J.

Was this letter a suicide note, or simply the incoherent rantings of an emotionally distraught man? It really doesn’t matter. Either way, his guilt is obvious s. Vince Bugliosi pointed out that the letter was written on June; 15, not the 17
^th
, when he took off with Al Cowlings. Before he was even charged, O.J. Simpson knew he was going to jail.

Early on in the case, I asked Cheri Lewis why the prosecution didn’t try to get a court ordered psychological profile of Simpson. Cheri asked what good that might do. I thought it might give us some idea of the personality disorders or other psychological problems the (defendant might have, if any. Perhaps there was a psychological profile that would account for a popular, successful, well-liked celebrity committing a brutal double homicide. Wasn’t this one of the challenges of the case?

Cheri said that it was too Mate, and besides she didn’t think that Marcia would want to do it. From our conversation I got the feeling that Cheri agreed with me that such a profile would be helpful, but there was nothing she could do about it.

Clinical psychologist Dr. Stanton Samenow, who co-directed an extensive study of criminal offenders in North America and served on a presidential task force on victims of crime, told reporters for People magazine I the following:

“Publicly many people who commit murder are talented, accomplished. They may call themselves religious. They can be gregarious, charming, good at drawing people into their webs. In private they often have troubled personal relationships. Often it’s the partner in the day-to-day relationship who eludes their control. They respond with threats, intimidation and violence.”

In a comment that eerily describes the split between the cheerful persona of O.J. and the violent murderer of two people, the same person who can ^ write “Peace + Love O.J.” at the bottom of a suicide note days after he killed his ex-wife, the doctor said:

“Some people who have committed savage crimes have \cry sentimental minds. They wouldn’t step on a bug. But they can go from tears to ice just like that.... Some people who commit a murder can shut off the violent side of their personality, almost like a light switch.”

When asked whether the murderer would feel remorse, Dr. Samenow responded: “They may feel terrible that a child is left without a parent, but more often they see themselves as the victim.... Their basic regret is for themselves, that life as they knew it is over.”

Sound familiar?

Simpson has a narcissistic, possessive, and jealous personality. He was obsessed with Nicole. That obsession resulted in beatings, stalking, spying, harassment, and ultimately murder. These are documented facts, not speculation. Whatever imagined fantasy life Simpson lived, it surely involved Nicole.

I also asked Cheri why we were not using some witnesses who seemed to have important testimony. For instance, Jill Shively, a Brentwood resident, had told the prosecutors that she was driving along San Vicente Boulevard at around 10:45 on the night of the murders when she saw a large white car heading north on Bundy. The white car blew through the red light and crossed San Vicente directly in front of her. As it crossed the street, nearly plowing into Shively’s vehicle, the white car ran up on the median that separated the two lanes of the boulevard. The driver of the white car yelled for Shively to get out of the way, and she recognized him as O.J. Simpson, whom she knew from the neighborhood. Shively noted down the license number of the vehicle, which later matched Simpson’s Bronco.

Here was a positive eyewitness, the only one placing Simpson near the scene at the time of the murders. But Shively had already sold her story to “Hard Copy” for $5,000. That’s not a lot of money by the standards of this trial, but to Shively, a single working-class woman who lived in a small apartment and spent most nights looking after her sister s child, it was probably more than she had ever seen.

I told Cheri I thought Shively’s testimony would be damning.

Cheri said, “Yeah, but Marcia’s upset because Jill sold her story to the tabs.”

“I understand that,” I said. “But why can’t we use her anyway?”

I argued that the prosecution used the testimony of the owner and sales clerk from Ross Cutlery, the store where Simpson bought the Stiletto, even though they also sold their stories.

Cheri and I kicked the subject around a while, then she simply said, “Marcia didn’t like her. She didn’t trust her.”

Much later I talked to Vince Bugliosi about the whole “cash for trash” controversy. He told me that while he would prefer that witnesses not sell their stories to the media, Jill Shively was a very strong witness. She was familiar with both the defendant and victim, and made a positive identification, including an accurate license plate report. Vince told me that if he was prosecuting the case, he would have certainly considered using her. Her testimony locks Simpson into the crime scene and contradicts his various alibis that he was either getting ready to leave town, or chipping golf balls, or sleeping, or taking a shower.

Shively’s testimony would have caused problems with the prosecution’s timeline for the murder. But that does not show Shively was wrong; it only shows that the prosecution’s timeline was unnecessarily precise and inflexible. Besides, another witness testified that around 10:40 the night of the murders, he heard two voices in an apparent argument or struggle. Robert Heidstra, a car detailer and neighbor of Nicole’s, was out walking his dogs when he heard someone shout, “Hey, hey, hey.” His testimony was used by the defense to call the prosecution’s timeline into question. Used with Shively’s, it could have been the closest thing to an eyewitness placing Simpson at the scene that this case ever had.

The prosecution didn’t have any witnesses who could positively place Simpson at the scene. However, there were several witnesses who could corroborate a timeline of events at or near the Bundy residence around the time of the murders. Unfortunately, the prosecution narrowed the timeline down so tightly that they rendered some of these eyewitnesses useful only for the defense.

Marcia insisted on nailing down details she had no way of proving. When you are building a timeline for a murder, you have to remain flexible. People are often wrong or contradictory in estimating time. Their watches or clocks are set differently, and their memory can be hazy. Even a coroner cannot determine the precise time of death. Investigation of the stomach contents and body temperature can give you a rough estimate, but not an exact time.

Marcia had enough evidence and enough witnesses to place the murders at some point between 10:00 and 10:45 P.M. Instead, she claimed that the murders occurred between 10:00 and 10:15 P.M. when two of their witnesses testified hearing the Akita bark.

The dog’s barking is not very strong evidence to establish the time of murders. Perhaps the dog was barking before the attack. And if the killer was Simpson, who was known to the dog, the animal might not have barked until the murders were already committed and the victims lay there dead. But the prosecution used that testimony as definitive proof for their tidy timeline.