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A Critique of the FX Mini-Series the People Vs. O.J. Simpson

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A Critique of the FX Mini-Series the People Vs. O.J. Simpson A Critique of the FX Mini-Series The People vs. O.J. Simpson Jerry Eckert 2017 @All Rights Reserved On February 26, 2016, I began posting weekly commentaries on the FX docudrama series The People vs. O.J. Simpson. They were originally posted to http://www.jerryeckert.blogspot.com/. This critique is based on those blog commentaries. I have given Mike Griffith permission to post this on his website. O.J. didn’t do it. Ten years ago, I undertook a careful study of the O.J. Simpson case. It became the backdrop of a novel I wrote at the time in which I solved the murders of Nicole Simpson and Ron Goldman. Hardly anyone believed me. Now “American Crime Stories,” a fairly popular television show, is presenting a mini-series about O.J.'s case. Blurbs about the series say it does not attempt to give full evidence but seeks more to dramatize the dynamics surrounding the case, such as police-on-black violence, spousal abuse, and privilege of the wealthy. Even so, it still must offer evidence or it could not accurately portray the story. I will be looking to see if the evidence is adequately provided, if evidence is omitted, or if evidence is inaccurately presented. You know I believe he was innocent. You must also know that the book on which the TV series is based, The Run of His Life, is written by someone who believes O.J. is guilty. The author, Jeffery Toobin, says as much in the book. Update: He reaffirmed his belief again on March 5 in a New Yorker magazine essay. There are three other books that I found to be very helpful in terms of getting the facts presented as objectively as possible, and there is one book that really unintentionally pointed out how the police went after O.J.. In addition to the Toobin book, Lawrence Schiller’s American Tragedy, which is told from the perspective of Robert Kardashian, is a must read. The next book that deserves serious regard is Killing Time by Donald Freed and Raymond Briggs. Another book is Madam Foreman by Armanda Cooley, who chaired the jury for their trial deliberations. While Toobin and Schiller started out objective, they both turned against O.J. in their updated editions. Freed and Briggs do not commit to a solution to the murders but add new information, give critical data like the autopsies, present evidence that points away from O.J., and raise major questions about the prosecution's timeline of the murders. The Cooley book provides grounds for their “not guilty” verdict as well as an articulate statement about the jury members themselves. Every other book I read was mostly self-serving. On O.J.’s side, the books by Cochran, 1 Shapiro, and Dershowitz were more about their own great careers and less about O.J.’s innocence, although they do contain some very good responses to the prosecution's claims. Marcia Clark, Chris Darden, Fred Goldman, and all the others on the prosecution side did what they could in their books to minimize anything that would have exonerated O.J. and chose only to include what would convict him. The worst book I've read is Murder in Brentwood by Mark Fuhrman. Yet, ironically enough, his book showed some of how the framing of O.J. occurred. And Fuhrman didn’t even realize he was doing it! I need to tell you that my work since 1980 as an advocate for ministers in trouble gave me a perspective. I helped with many cases of pastors accused of some nasty stuff and had to sort through everything to come up with a reasonable reconstruction of the actual events, if they even occurred. In those cases, people lied. Sometimes the accuser lied. Sometimes the accused lied. Sometimes both. And sometimes the church leaders handling the case lied. There are several techniques that I learned to help me identify facts and misrepresentations in nearly all those cases. One is the development of timelines based on what was said by each person involved or who witnessed or handled the matter for the church. That gave me “what they knew and when they knew it.” Comparing timelines opened up each case to where gaps and inconsistencies existed and usually led to lines of investigation that found the crucial facts that resolved the case. The book that takes that approach is Killing Time. As you watch the series, you may want to take notes and put them into chronological order for yourself. Finally, did the series leave out important information? Did it include things that were not in evidence or proved? As I have the chance over the course of the series, I will critique each episode and hopefully give you good reason to look again at your opinion about the crime, whether you agree with me or not. Episode 1 Rather than begin with the trial or even the crime scene, the first episode begins with scenes of conflict between the Los Angeles Police Department (LAPD) and young Africa-American men. Scenes from the riots surrounding the exoneration of the police in the beating of Rodney King show the depth of the racial tension at the time of the murders. The conversations shown between Johnny Cochran, whose law practice was built on representing some of those young people, and Chris Darden, a young member of the prosecutor’s office in Los Angeles, showed the stress that was going on within the African-American community. 2 Christopher Darden and Marcia Clark, lead prosecutors in the criminal trial The Toobin book on which the series is based does not start there. Few of the other books about the Simpson case do so. They are all written to discuss the case without taking into account the social context of the case. Each writer has other purposes. Another social movement, however, was to take front and center: spousal abuse. For the crime itself, what we are shown is the dog getting the attention of someone who then sees the blood and the bodies and calls the police. For the investigation, the show portrays the police spotting blood drops from O.J.'s Bronco to his house in Brentwood, and Mark Fuhrman leading detectives Tom Lange and Phillip Vannatter along the fence on O.J.’s property and finding a glove. O.J. cooperates and talks to the detectives without a lawyer present. They find a cut on his finger and O.J. can’t explain it. The acting DA, Marcia Clark, is shown interviewing two people, one of whom found the victims and the other who claims to have seen O.J. driving away from the scene of the crime and nearly running into her car. That scene was then dramatized with the actor portraying O.J., Cuba Gooding Jr., shouting at the witness. The defense also is shown in the first episode to be investigating their client. They have him physically examined. The doctors find no sign of any physical nature, not even a bruise. The sore finger is not mentioned in the scene. O.J. is shown to go through a lie detector test. It shows that O.J. gets a bad score on the test, showing the machine picked up physiological signs as he answered questions which were considered to be signs of being untruthful. The program does not explain that the polygraph that O.J. took could not yield reliable results, nor does it explain that later O.J. volunteered to take a polygraph if the prosecution would agree in advance to allow the results to be presented to the jury (the prosecution, by the way, rejected the offer). Let me touch on eight things I am sure are not going to be dealt with: One, when O.J. was interviewed by the police, he allowed them to take a substantial blood sample, only part of which was turned in as evidence for the case by the police. The amount 3 of blood that was missing from the O.J. blood sample was about the same amount of O.J. blood that the LAPD claimed to find at the crime scene and at O.J.'s house. Two, while O.J. was with the police, they also gave him a physical. All they found were two cuts on his left hand, one on his left middle finger and the other on his left index finger, both of which happened in his Chicago hotel room after he smashed a glass when he was notified of his wife's death. And the police found no bruises, bumps, or scrapes, no sign that he had been punched several times or that he had slammed into an air conditioning unit. Three, the episode would have been more adequate if it had not shown the scene where a witness, Jill Shively, claims O.J. nearly ran into her car with his Bronco near Nicole's house at 10:50 on the night of the crime. She says she left her house at 10:45 to go get some food at a restaurant that closed at 11:00, and that on the way there O.J. nearly ran into her with his Bronco at 10:50. Shively also claimed that O.J. yelled at her, that he was driving without his lights on, and that she got a look at his face. Although the prosecution claimed they did not use Shively's story because she sold it to a tabloid, the real reason they ignored her story was that it utterly destroyed their timeline of the crime, not to mention the fact that they received a credible report that Shively was a flake and a liar.
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