0:00:02 > 0:00:05This programme contains some strong language.
0:00:05 > 0:00:06- NEWS ANCHOR:- Today in Trial OJ,
0:00:06 > 0:00:09lawyers argued over whether the former Heisman winner
0:00:09 > 0:00:11is an arthritic cripple incapable of murder.
0:00:11 > 0:00:15He has bad knees, arthritis and limited mobility.
0:00:15 > 0:00:19He may look like Tarzan, but he moves like Tarzan's grandfather.
0:00:19 > 0:00:22After that, the jury got a peek at an exercise video Simpson
0:00:22 > 0:00:25taped just two weeks before the murder.
0:00:25 > 0:00:27- OJ:- Bring it all the way down!
0:00:27 > 0:00:29- Feel it in your knees! - HOUSE PHONE RINGS
0:00:29 > 0:00:31Yeah. Love that intensity!
0:00:32 > 0:00:35- Hello?- 'Is this Laura Hart-Mckinny?'- Yes.
0:00:35 > 0:00:38- How may I help you?- 'The Laura Hart-McKinny who used to live in Los Angeles
0:00:38 > 0:00:40'who has tapes of LAPD officer Mark Fuhrman?'
0:00:42 > 0:00:43How did you find me?
0:00:43 > 0:00:46I'm an investigator working for OJ Simpson.
0:00:46 > 0:00:49We believe our client is innocent and your tapes could really help him.
0:00:49 > 0:00:51'Well, I don't want to help him.'
0:00:51 > 0:00:53Look, I was just writing a screenplay...
0:00:54 > 0:00:55..about the LAPD.
0:00:55 > 0:00:58I met Mark and I interviewed him for research.
0:00:58 > 0:01:02So, there are tapes? What does he say? How inflammatory is it?
0:01:03 > 0:01:05- 'I never asked to be a part of this.' - DIAL TONE
0:01:12 > 0:01:16So, on the night of the murders, you were in an alleyway behind Bundy Drive
0:01:16 > 0:01:19and you heard a commotion near Nicole Brown-Simpson's condominium?
0:01:19 > 0:01:21Yes, I heard two men arguing.
0:01:21 > 0:01:24First man said, "Hey!"
0:01:24 > 0:01:26And the second man yelled at him.
0:01:26 > 0:01:28He was hard to understand.
0:01:28 > 0:01:30And did the second voice sound as if it was older,
0:01:30 > 0:01:34- more mature than the first voice? - Calls for speculation, your honour. - Sustained, foundational.
0:01:35 > 0:01:36All right, then.
0:01:37 > 0:01:41The second voice that you heard, it sounded like the voice of a black man, is that correct?
0:01:41 > 0:01:45- Object to, your honour, I object! - Sustained.- This is ridiculous!
0:01:45 > 0:01:47- Sustained. Mr Darden, where are you going with this?- Your honour...
0:01:49 > 0:01:50I was asking in good faith.
0:01:50 > 0:01:52We know that the witness told the friend that he heard the angry
0:01:52 > 0:01:55yell of an older man who sounded black.
0:01:55 > 0:01:56I resent that statement, your honour!
0:01:56 > 0:01:59You cannot tell by somebody's voice whether they are black!
0:01:59 > 0:02:02That is a racist statement and entirely inappropriate.
0:02:02 > 0:02:05Your honour, I am offended that in America,
0:02:05 > 0:02:09in 1995, that we have to endure this kind of thinking!
0:02:13 > 0:02:17- All right, I didn't make the statement. The witness... - Oh, please, Mr Darden!- I...
0:02:17 > 0:02:21If this is the witness's statement, then he is the racist, not me.
0:02:21 > 0:02:25- But that is what you're suggesting. - Hey, hey, hey. I suggest nothing! - Yes, you did!- I did not.
0:02:25 > 0:02:29Yes, you did. And that has created a lot of problems for myself and for my family.
0:02:29 > 0:02:34- You continually make statements about me and race, Mr Cochran... - All right, stop it, both of you.
0:02:34 > 0:02:35This is all improper.
0:02:35 > 0:02:39And I'm so mad at both of you guys right now, I'm about to hold the two of you in contempt.
0:02:39 > 0:02:43Let's take a recess and see who can cool off. We will resume in 15.
0:02:43 > 0:02:44HE BANGS GAVEL
0:02:56 > 0:02:57What was that?
0:02:57 > 0:02:59He is so cynical.
0:02:59 > 0:03:01I mean, of course there's such thing as a black voice.
0:03:01 > 0:03:03- Their accents, speech patterns... - I knew that.
0:03:03 > 0:03:05But look what happened.
0:03:05 > 0:03:08His witness was failing, so Johnny threw a racial stink bomb to deflect attention.
0:03:08 > 0:03:10That guy saw a Bronco near Bundy.
0:03:11 > 0:03:13He heard two men arguing outside the condo,
0:03:13 > 0:03:16but now the jury has completely forgotten that.
0:03:22 > 0:03:23Is it true?
0:03:24 > 0:03:25Yeah.
0:03:25 > 0:03:26Tapes exist.
0:03:27 > 0:03:30I think they're really ugly. They have phrases like, uh...
0:03:32 > 0:03:34- HE CLEARS THROAT - Stuff like...
0:03:35 > 0:03:37"Get niggers, frame niggers.
0:03:37 > 0:03:39"Plant evidence."
0:03:39 > 0:03:43- Jesus Christ.- Can we confirm the authenticity?- I've asked around.
0:03:43 > 0:03:46Her lawyers have shot the tapes to London papers, TV tabloids.
0:03:46 > 0:03:48They've heard snippets.
0:03:48 > 0:03:51Supposedly there's an offer on the table for 250 grand.
0:03:51 > 0:03:52Hmm. Why didn't she sell?
0:03:52 > 0:03:55Well, that's the strange part, she doesn't actually care about the money.
0:03:55 > 0:03:57She'd rather sell her screenplay.
0:03:58 > 0:04:02She's a screenwriter. Or, well, a wannabe screenwriter.
0:04:02 > 0:04:03She was living in LA.
0:04:03 > 0:04:07She couldn't make a living, so she moved to North Carolina to teach screenwriting.
0:04:07 > 0:04:10I don't understand, how can you teach screenwriting if you can't sell a script?
0:04:10 > 0:04:11THEY TALK OVER EACH OTHER
0:04:12 > 0:04:15Gentlemen, you are missing the point.
0:04:15 > 0:04:17I don't care who she is or what she does.
0:04:17 > 0:04:20What matters are these tapes. We must get them.
0:04:20 > 0:04:23"Get niggers, frame niggers?"
0:04:23 > 0:04:24That takes my breath away.
0:04:24 > 0:04:28These tapes will allow Mr Simpson to walk free.
0:04:28 > 0:04:29Well, let's not...
0:04:29 > 0:04:32get too cocky. I mean, we haven't heard them.
0:04:34 > 0:04:36Look, lucky breaks don't just fall from the sky.
0:04:36 > 0:04:38Yes, they do, Mr Scheck.
0:04:39 > 0:04:41God brought us these tapes.
0:04:41 > 0:04:43There is something much larger at play here.
0:04:43 > 0:04:46This...is manna from heaven.
0:04:54 > 0:04:57What is the defence doing? They got Ito to sign a subpoena for what?
0:04:57 > 0:05:0013 hours of tape in North Carolina.
0:05:00 > 0:05:02I don't follow. Who is this woman?
0:05:02 > 0:05:04It just makes no sense why Fuhrman would blab
0:05:04 > 0:05:07- to an unemployed screenwriter.- Why would Fuhrman do anything?
0:05:07 > 0:05:10I'm not going to pretend like I'm surprised.
0:05:10 > 0:05:12Whatever's on these tapes scares me.
0:05:12 > 0:05:14Well, maybe it's meritless, fiction,
0:05:14 > 0:05:16- just Fuhrman and this writer play-acting.- Hmm.
0:05:16 > 0:05:19The defence has been obsessed with creating stories for the jury
0:05:19 > 0:05:21and lawyers resort to stories
0:05:21 > 0:05:24- to distract from the fact.- You know, Marcia, people like stories.
0:05:24 > 0:05:26It helps 'em make sense of things.
0:05:31 > 0:05:34Shit!
0:05:34 > 0:05:36CHATTER
0:05:36 > 0:05:40- Now who can deny there isn't a higher power watching over us?- Ah.
0:05:40 > 0:05:44I spent my life fighting for a cause,
0:05:44 > 0:05:47then in the biggest case of all time, with the whole world watching,
0:05:47 > 0:05:49a magical piece of paper appears.
0:05:49 > 0:05:52Well, we still need to get a judge in North Carolina
0:05:52 > 0:05:54- to enforce the subpoena.- A small technicality.
0:05:54 > 0:05:56I will venture forth to secure our bounty.
0:05:56 > 0:05:58Well, obviously, I will accompany you.
0:05:58 > 0:06:01I mean, I discovered Fuhrman for God's sake. I mean, I invented him.
0:06:01 > 0:06:04Hang on, Bob, I won every Fuhrman motion.
0:06:04 > 0:06:06Gentlemen, we still have a case here in LA.
0:06:06 > 0:06:09I don't understand, why do more than two people have to get on the plane?
0:06:09 > 0:06:12Then it should be me. I have a winning record in that jurisdiction.
0:06:12 > 0:06:16- I tried over 200 cases there.- 200? Really? When?
0:06:19 > 0:06:21It seems like yesterday.
0:06:21 > 0:06:25But understand this, things change really slowly down south.
0:06:25 > 0:06:28And I know the Carolinas.
0:06:28 > 0:06:32Like I know the caramel colour in a single-barrel apple brandy,
0:06:32 > 0:06:35sipped over the blush of the morning sunrise.
0:06:35 > 0:06:37Oh, come on! Really?!
0:06:37 > 0:06:39I hired all of you.
0:06:39 > 0:06:42You know, whatever. I don't grovel.
0:06:42 > 0:06:45Just make sure you put my name on the brief.
0:06:45 > 0:06:47Thank you, Bob.
0:07:00 > 0:07:02- This is it.- Right, let's go.
0:07:08 > 0:07:10Here are the transcripts.
0:07:12 > 0:07:16- The judge will see you gentlemen shortly.- Thank you.- Thank you, sir.
0:07:17 > 0:07:21- My friend, I can taste victory.- Yes! Yes.
0:07:21 > 0:07:23- Shall we?- Yes.
0:07:58 > 0:08:00It's unbelievable. It's horrible!
0:08:00 > 0:08:04Horrible we can sell. Look, the bastard is nailed dead.
0:08:04 > 0:08:08He directly contradicts the trap I laid when he testified.
0:08:08 > 0:08:11Lee, it's more than that...
0:08:11 > 0:08:13it's evil!
0:08:14 > 0:08:18But this is what black people have always known.
0:08:18 > 0:08:22And now it's right here...
0:08:22 > 0:08:24for everyone to hear.
0:08:25 > 0:08:27LEE SIGHS
0:08:30 > 0:08:32Your honour, it would be a travesty
0:08:32 > 0:08:35if these tapes were not allowed into the OJ Simpson trial.
0:08:35 > 0:08:38These tapes are tangible evidence
0:08:38 > 0:08:41of the Los Angeles Police Department's racism.
0:08:41 > 0:08:44They are a revelation of truth.
0:08:44 > 0:08:47May I approach the bench, your honour?
0:08:47 > 0:08:50No, you cannot.
0:08:50 > 0:08:51MAN LAUGHS
0:08:53 > 0:08:57Your honour, with all due respect, we ask you to enforce the subpoena
0:08:57 > 0:09:00and compel Miss McKinny to turn over the tapes.
0:09:00 > 0:09:03It is important, it is imperative,
0:09:03 > 0:09:07it is indispensable that we return them to California.
0:09:07 > 0:09:10Thank you, your honour.
0:09:11 > 0:09:14Mr Cochran, there are no TV cameras in my court room.
0:09:14 > 0:09:17There's no need for...gratuitous alliteration.
0:09:17 > 0:09:19Your request is denied.
0:09:19 > 0:09:22These tapes are not material to your case.
0:09:24 > 0:09:27Who is that man to say that they're not relevant?!
0:09:27 > 0:09:30- Johnnie...- Those tapes are proof
0:09:30 > 0:09:33of the systematic civil rights violations.
0:09:33 > 0:09:35What black people have always known
0:09:35 > 0:09:39- and what white people have never understood.- Johnnie, calm down!
0:09:39 > 0:09:41We'll just file an emergency appeal.
0:09:41 > 0:09:44And this time...let me do the talking.
0:09:44 > 0:09:48- What?!- Mr Cochran, take a good look where you're standing.
0:09:48 > 0:09:51We're in the South. Haven't you noticed the smell of mint julep
0:09:51 > 0:09:53and condescension in the air?
0:09:53 > 0:09:55Right behind you, there's a statue
0:09:55 > 0:09:57of a Confederate soldier holding a rifle.
0:09:57 > 0:10:02With all due respect, I don't know if you play as well in Dixie.
0:10:02 > 0:10:04LEE SIGHS
0:10:06 > 0:10:10Your honours, may I state first of all what a pleasure it is
0:10:10 > 0:10:13to be practising law once again in the great state of North Carolina.
0:10:13 > 0:10:16My heart gladdens with the promise of justice
0:10:16 > 0:10:20when I stand in one of the original 13 Colonies.
0:10:20 > 0:10:23From the Great Smoky Mountains to the Pimlico Sound,
0:10:23 > 0:10:25I know that fair consideration will be offered
0:10:25 > 0:10:29to all who set foot in a Tar Heel tribunal.
0:10:29 > 0:10:34As the Bible tells us, seek and ye shall find.
0:10:34 > 0:10:36And I thank the Lord for helping us to find
0:10:36 > 0:10:39these terribly troubling tapes.
0:10:44 > 0:10:47The court has received the tapes and transcripts.
0:10:47 > 0:10:51I will arrange for my clerk to make you copies. I presume it'll take a good amount of time
0:10:51 > 0:10:55for all of you to wade through the materials and decide how much if any you want to introduce.
0:10:55 > 0:10:58Oh, we'll want to introduce plenty, your honour. Maybe all of them.
0:10:58 > 0:11:01Your honour, we will fight that. Mark Fuhrman consulting on a screenplay
0:11:01 > 0:11:04has no bearing on a murder trial. This is just more of the defence
0:11:04 > 0:11:06throwing conspiracy mud at the wall and seeing what sticks.
0:11:06 > 0:11:11- Oh, it'll stick. It'll stick with the jury, it'll stick with the public.- The public?
0:11:11 > 0:11:14- What do they have to do with this? - The truth, Marcia.
0:11:14 > 0:11:15They have a right to know.
0:11:15 > 0:11:18This isn't a smoking gun in the Simpson case,
0:11:18 > 0:11:21this is a smoking gun for the United States.
0:11:21 > 0:11:25Your honour, I anticipate this will be just a pro-forma request.
0:11:25 > 0:11:29Actually, Mr Cochran, I wouldn't jump to any conclusions.
0:11:29 > 0:11:31I need to review precedent and make a determination.
0:11:31 > 0:11:34Until then, you and your assistants may review the tapes,
0:11:34 > 0:11:37but other than that they are to remain sealed. You understand?
0:11:37 > 0:11:39Sealed.
0:11:46 > 0:11:48PHONE RINGS
0:12:13 > 0:12:14SHE SIGHS
0:12:23 > 0:12:26- FUHRMAN:- 'See, if you did it like they teach you in the Academy,
0:12:26 > 0:12:28'you'd never get a fucking thing done.
0:12:28 > 0:12:31'If the suspect doesn't talk, you give him a shot with your stick
0:12:31 > 0:12:33'and you say, "Listen, boy, I'm talking to you."
0:12:33 > 0:12:36'Or you just grab 'em by the hair and you keep punching 'em until they go down.
0:12:36 > 0:12:39'See, people don't want niggers in their town.
0:12:39 > 0:12:42'People don't want Mexicans. They don't want anybody but good people.
0:12:42 > 0:12:45'Any way you can do to get them out, that's fine.
0:12:45 > 0:12:48'We have no niggers where I grew up.'
0:12:48 > 0:12:52- WOMAN:- 'Do you still use the chokehold?- No, we had to eliminate it
0:12:52 > 0:12:55'because a bunch of niggers down in the south of LA complained.
0:12:55 > 0:12:57'Now, these niggers started a bunch of organisations
0:12:57 > 0:13:00'because all the niggers got choked out and killed.'
0:13:16 > 0:13:19- The longer this trial goes, the lower your numbers drop.- I know.
0:13:19 > 0:13:22If we get to the March primary and people are still talking about OJ Simpson,
0:13:22 > 0:13:26- there's something seriously wrong with this world. - BOTH LAUGH
0:13:29 > 0:13:31KNOCKING
0:13:31 > 0:13:34Oh, God! I think my numbers are about to fall even lower.
0:13:34 > 0:13:35Excuse me for a second.
0:13:38 > 0:13:41All right, what?
0:13:42 > 0:13:45- Has Ito ruled on the tapes?- Not yet. And we're fighting to keep them out,
0:13:45 > 0:13:50but while we were reviewing them, we heard something...unexpected.
0:13:51 > 0:13:54You should sit. This is bad.
0:13:54 > 0:13:58No, I know, he hates Mexicans, he uses the N-word, he's a sexist pig,
0:13:58 > 0:14:01- he utters every racial slur known to man.- Yes, that is all true,
0:14:01 > 0:14:03but there's sort of an O Henry twist,
0:14:03 > 0:14:06somebody he hates that none of us saw coming.
0:14:11 > 0:14:13OK.
0:14:16 > 0:14:19'I hate this woman. You know the type, dyed blonde,
0:14:19 > 0:14:23'one-inch roots, slumped shoulders, a pouch big enough to hide cats in.
0:14:23 > 0:14:27'She's the only marsupial on the police force. Peggy barely worked...'
0:14:27 > 0:14:29Wait. Whoa! Peggy?
0:14:29 > 0:14:32Is he talking about Peggy Ito? Ito's wife?!
0:14:32 > 0:14:35'It sickens me that she's a captain. I refuse to take orders from her.
0:14:35 > 0:14:37'She's as far from a policeman as I've seen.
0:14:37 > 0:14:39'Hell, she's as far from a woman as I've seen.
0:14:39 > 0:14:42'She just sucked and fucked...'
0:14:42 > 0:14:44GIL SIGHS
0:14:44 > 0:14:48- What did he just say?- He says that she sucked...- He's saying that...
0:14:48 > 0:14:50Oh, I cannot believe this!
0:14:50 > 0:14:54- Jesus! Our star witness insulting the judge's wife?!- Yep.
0:14:54 > 0:14:57Not only does Fuhrman hate blacks, he hates Peggy York,
0:14:57 > 0:15:00- the highest ranking woman in the LAPD.- Didn't she sign the affidavit?
0:15:00 > 0:15:02Sure, when Ito was assigned to the case,
0:15:02 > 0:15:05Peggy claimed she had no memory of any dealings with Fuhrman.
0:15:05 > 0:15:08Which seems hard to believe, since we learned
0:15:08 > 0:15:12she reprimanded him for writing KKK on a Martin Luther King poster.
0:15:12 > 0:15:14Oh, God! Oh, God!
0:15:14 > 0:15:18Oh, God! So, which means, she can be called as a material witness.
0:15:18 > 0:15:20In which case, Ito has to disqualify himself,
0:15:20 > 0:15:23which means we're looking at a mistrial.
0:15:23 > 0:15:26That's 6 million of taxpayer money, one year of work.
0:15:26 > 0:15:31We're looking at a mistrial? Shit! The constituents will freak out!
0:15:31 > 0:15:34This screams...gross incompetence.
0:15:47 > 0:15:50Marcia, let's take a deep breath here.
0:15:50 > 0:15:52Do we want a mistrial?
0:15:52 > 0:15:55Just start over, learn from our mistakes.
0:15:55 > 0:15:58Do it without Fuhrman.
0:16:03 > 0:16:05We are in perilous waters.
0:16:05 > 0:16:08The prosecution can manipulate this situation.
0:16:08 > 0:16:10Marcia and Chris are in trouble, their case is dying.
0:16:10 > 0:16:13Suddenly, they get thrown a life preserver, Peggy on tape.
0:16:13 > 0:16:17So they game it, Ito gets tossed for the conflict, they get a new trial.
0:16:17 > 0:16:21- Jesus!- A complete do-over.- Wait a minute, try the case again?
0:16:21 > 0:16:24- We can't. We can't live through this again!- And they could move the trial
0:16:24 > 0:16:28- back to Santa Monica and get a white jury.- And this time, they don't call Fuhrman.
0:16:28 > 0:16:31The LAPD doesn't get tarnished and the tapes never get played.
0:16:31 > 0:16:33This scenario is unthinkable!
0:16:33 > 0:16:36We are this close to them being admitted.
0:16:37 > 0:16:39Does Ito even know yet?
0:16:41 > 0:16:44- My wife is mentioned on these tapes? - Yes, your honour.
0:16:44 > 0:16:47And it's quite derogatory.
0:16:47 > 0:16:51- Terrible things.- It's a delicate situation for all of us.
0:16:51 > 0:16:52Delicate how?
0:16:52 > 0:16:54The interactions Fuhrman described,
0:16:54 > 0:16:56given their explosive vocabulary,
0:16:56 > 0:16:59would seem to make it hard for Peggy to forget 'em.
0:17:04 > 0:17:09So the implication is that Peggy lied so that I could be on this case?
0:17:09 > 0:17:11ITO SIGHS
0:17:11 > 0:17:13This whole situation is toxic.
0:17:16 > 0:17:21All right, I don't want there to be any insinuation that we tried to keep this contained,
0:17:21 > 0:17:24so this conversation should continue in open court.
0:17:24 > 0:17:27Thank you. If you'll excuse me.
0:17:29 > 0:17:32- Your honour.- Thank you.
0:17:42 > 0:17:46A concern has been raised regarding the court's ability
0:17:46 > 0:17:47to be fair and impartial.
0:17:49 > 0:17:52It could be argued that the court...
0:17:52 > 0:17:55would not want the court's wife to be embarrassed.
0:17:55 > 0:17:57And what's unfortunate...
0:17:57 > 0:18:01is that things are said about people all the time,
0:18:01 > 0:18:03things that are not accurate,
0:18:03 > 0:18:06not kind, disparaging.
0:18:08 > 0:18:11I love my wife dearly.
0:18:13 > 0:18:15And I am...
0:18:15 > 0:18:19wounded by criticism of her as any spouse would be.
0:18:21 > 0:18:24And...
0:18:25 > 0:18:27..I think that it would be reasonable to assume
0:18:27 > 0:18:30that that could have some impact.
0:18:32 > 0:18:36Women who work in male-dominated professions, I think,
0:18:36 > 0:18:38are tougher than most.
0:18:38 > 0:18:41And if they are successful, they are almost always...
0:18:41 > 0:18:44targets for this kind of treatment.
0:18:45 > 0:18:48There is also an argument that this court in ruling
0:18:48 > 0:18:51might be motivated to punish Detective Fuhrman
0:18:51 > 0:18:54for making these statements about his wife.
0:18:56 > 0:18:58So it cuts both ways.
0:19:00 > 0:19:04This may be a conflict for me, which could trigger a mistrial, so...
0:19:05 > 0:19:09..I think that another judge has to determine
0:19:09 > 0:19:12whether or not this case can remain before this court.
0:19:12 > 0:19:13HUBBUB
0:19:33 > 0:19:38This is insane! You couldn't get away with this plot twist in an airport paperback!
0:19:44 > 0:19:47So...what shall we do?
0:19:47 > 0:19:50Chris, I've been thinking about this constantly.
0:19:50 > 0:19:52And the problem is it's too risky.
0:19:52 > 0:19:56If it is perceived that we pushed for mistrial, it would trigger double jeopardy.
0:19:56 > 0:19:59And in that version OJ walks.
0:19:59 > 0:20:02Can you imagine the public reaction?
0:20:13 > 0:20:15What, you think I wouldn't want a do over?
0:20:15 > 0:20:18I would love to do over all my mistakes, do over my life,
0:20:18 > 0:20:19do over my marriage.
0:20:22 > 0:20:24We have to plough forward.
0:20:46 > 0:20:48Your Honour, we don't want to leave our court.
0:20:48 > 0:20:50We fought to get the tapes.
0:20:50 > 0:20:53They are hard evidence.
0:20:53 > 0:20:57The district attorney's star witness was caught lying under oath.
0:20:57 > 0:20:59He committed perjury.
0:20:59 > 0:21:02Now, the part that relates to the judge's wife
0:21:02 > 0:21:04is very, very small.
0:21:04 > 0:21:07And because we don't want a mistrial, we propose
0:21:07 > 0:21:10that the tapes be given to Judge Ito
0:21:10 > 0:21:12with that part redacted.
0:21:16 > 0:21:17Well...
0:21:17 > 0:21:21I'm going to require time to review this constellation of tapes
0:21:21 > 0:21:23and transcripts and records.
0:21:23 > 0:21:26Only after I have a comprehensive understanding,
0:21:26 > 0:21:28can I make a decision.
0:21:31 > 0:21:33ELEVATOR DINGS
0:21:37 > 0:21:40Got to wait for this judge to get a "comprehensive understanding."
0:21:40 > 0:21:42How long? Things cannot be left to whim.
0:21:42 > 0:21:44Cochran, you have to trust the system.
0:21:44 > 0:21:46We need to turn up the pressure.
0:21:46 > 0:21:47Pressure?!
0:21:47 > 0:21:49You want to turn up the pressure?!
0:21:49 > 0:21:50This city is about to explode!
0:21:50 > 0:21:52We have enough pressure!
0:22:16 > 0:22:18I told you NOT to use Fuhrman!
0:22:19 > 0:22:22How many times did I say it?
0:22:22 > 0:22:25He's damaged goods. I mean, I said it and I said it,
0:22:25 > 0:22:27but you just didn't take me seriously!
0:22:31 > 0:22:35You know, you put me on this trial because you wanted a black face,
0:22:35 > 0:22:36but the truth is,
0:22:36 > 0:22:38you never wanted a black voice.
0:22:44 > 0:22:45HE SIGHS
0:22:50 > 0:22:52Good afternoon.
0:22:52 > 0:22:56I'd like to introduce members of our coalition.
0:22:56 > 0:23:01Miss Geraldine Washington, President of the local NAACP,
0:23:01 > 0:23:04Mr John Mack, head of the Urban League,
0:23:04 > 0:23:07Mr Danny Bakewell, of the Brotherhood Crusade,
0:23:07 > 0:23:09and the esteemed Reverend Frank Higgins
0:23:09 > 0:23:11of the Baptist Ministers' Conference.
0:23:11 > 0:23:13Can we give them all a round of applause,
0:23:13 > 0:23:15as our speaker of the hour comes to the podium.
0:23:15 > 0:23:17CHEERING AND APPLAUSE
0:23:18 > 0:23:22We demand an immediate federal and State investigation of these tapes.
0:23:22 > 0:23:24Yeah!
0:23:24 > 0:23:27We demand full disclosure to calm a community unsettled
0:23:27 > 0:23:29by the reports of their content.
0:23:29 > 0:23:30Yeah!
0:23:30 > 0:23:32- It goes way beyond OJ.- Yeah!
0:23:32 > 0:23:37People are angry that these tapes confirm what we've always known...
0:23:37 > 0:23:38Yeah!
0:23:38 > 0:23:43..racist officers unjustly imprison, beat and kill African-Americans
0:23:43 > 0:23:45and other people of colour.
0:23:45 > 0:23:47Oh, my God, this is terrible.
0:23:47 > 0:23:49I tried to stop him.
0:23:49 > 0:23:52I want our leaders to listen...
0:23:52 > 0:23:54and to listen very carefully.
0:23:54 > 0:23:56Release these tapes.
0:23:56 > 0:23:57CHEERING
0:23:57 > 0:24:00Because this community is a powder keg
0:24:00 > 0:24:03capable of repeating the actions of 1992.
0:24:03 > 0:24:05- Release the tapes! - Release the tapes!
0:24:05 > 0:24:07- CROWD:- Release the tapes!
0:24:07 > 0:24:10Jesus, Johnnie's threatening another riot.
0:24:10 > 0:24:13- Release the tapes! - CROWD:- Release the tapes!
0:24:13 > 0:24:15- Release the tapes! - Release the tapes!
0:24:15 > 0:24:17- Release the tapes! - Release the tapes!
0:24:20 > 0:24:22SHOUTING
0:24:23 > 0:24:26- REPORTER:- 'In the OJ Simpson trial, a court handed down a decision
0:24:26 > 0:24:29'that Judge Ito will be able to rule on the Mark Fuhrman tapes.
0:24:29 > 0:24:33'A hearing is scheduled for today and a ruling is expected soon
0:24:33 > 0:24:36'on the highly controversial and incendiary tapes.'
0:24:52 > 0:24:54Your Honour...
0:24:54 > 0:24:57this issue can be decided with dispatch.
0:24:57 > 0:25:00We will present portions of that transcript that are relevant
0:25:00 > 0:25:02to the credibility of Detective Fuhrman.
0:25:02 > 0:25:0630 occasions in which he uses the word "nigger"
0:25:06 > 0:25:10in a racially offensive context and which directly contradict
0:25:10 > 0:25:13the testimony he presented under oath.
0:25:13 > 0:25:18We will also present an additional 17 extracts
0:25:18 > 0:25:21where Detective Fuhrman speaks with personal experience
0:25:21 > 0:25:25about police misconduct - planting of evidence,
0:25:25 > 0:25:27commission of perjury
0:25:27 > 0:25:30and the presentation of cover-ups
0:25:30 > 0:25:33and false testimony in court proceedings.
0:25:37 > 0:25:41This is the hardest thing I've ever had to do as a prosecutor.
0:25:41 > 0:25:44I don't want to be in the position of defending Mark Fuhrman.
0:25:46 > 0:25:49My job is to defend Ron and Nicole.
0:25:50 > 0:25:53The victims.
0:25:53 > 0:25:55But the bottom line is not Fuhrman,
0:25:55 > 0:25:57it's the concrete evidence.
0:25:57 > 0:25:59The defence just wants to inflame the jury,
0:25:59 > 0:26:03so they forget about the facts and vote emotionally.
0:26:04 > 0:26:07I hope this very cynical view will be proven wrong
0:26:07 > 0:26:09and the jury will rise to the occasion and say,
0:26:09 > 0:26:12"No. We are going to look at the evidence."
0:26:14 > 0:26:16Because the rest of this stuff is irrelevant.
0:26:23 > 0:26:26I submit these cases, numerous cases,
0:26:26 > 0:26:29where racial epithets were deemed immaterial.
0:26:30 > 0:26:35I beg of you, your Honour, act on precedent.
0:26:35 > 0:26:38DO NOT let the jurors hear these tapes.
0:26:39 > 0:26:42I am begging you from my soul.
0:27:29 > 0:27:32"Anything out of a nigger's mouth, the first five sentences
0:27:32 > 0:27:33"is a lie.
0:27:33 > 0:27:36"People don't want Mexicans, they don't want anybody but good people."
0:27:36 > 0:27:39Does Ito have an impossible decision on his hands?
0:27:39 > 0:27:41The judge has no choice. He HAS to play the tapes.
0:27:41 > 0:27:43They exist.
0:27:43 > 0:27:45I don't envy the guy. Pardon my French,
0:27:45 > 0:27:47but he's screwed either way.
0:27:54 > 0:27:55HE SIGHS
0:27:59 > 0:28:01All rise.
0:28:01 > 0:28:03Department 103 is now in session.
0:28:03 > 0:28:06The Honourable Lance A Ito presiding.
0:28:08 > 0:28:09Morning.
0:28:20 > 0:28:23Over the recess, I've had the opportunity to contemplate
0:28:23 > 0:28:25the issues at hand.
0:28:25 > 0:28:27Now, I have not yet decided what tape extracts
0:28:27 > 0:28:29are appropriate for the jury to hear.
0:28:29 > 0:28:33However, I think that there is an overriding public interest
0:28:33 > 0:28:36in the defence's offer
0:28:36 > 0:28:38and I don't want there to be any impression that the court
0:28:38 > 0:28:40would ever suppress any information.
0:28:40 > 0:28:42These tapes...
0:28:43 > 0:28:46..have become a matter of national concern.
0:28:46 > 0:28:49Many entities have asked that they become public,
0:28:49 > 0:28:51so what I'm going to suggest...
0:28:53 > 0:28:56That the defence play its presentation to the court
0:28:56 > 0:28:58in its entirety.
0:28:58 > 0:28:59National concern?
0:28:59 > 0:29:01This is a double homicide, your Honour, not Iran-Contra!
0:29:01 > 0:29:04Miss Clark, the court in its wisdom has made a determination.
0:29:04 > 0:29:06Why do we have to broadcast this?
0:29:06 > 0:29:07Truth, Miss Clark, the truth!
0:29:07 > 0:29:10The court hides nothing from the people.
0:29:11 > 0:29:14You've presented a defence that is based completely on lies
0:29:14 > 0:29:16and deceptions.
0:29:16 > 0:29:18This teasing the public, the media,
0:29:18 > 0:29:20by throwing them bits of the tapes,
0:29:20 > 0:29:23inflaming the public's passions in an attempt
0:29:23 > 0:29:25to exert political pressure over his Honour
0:29:25 > 0:29:27in an attempt to pressure the court into admitting in
0:29:27 > 0:29:29- the Fuhrman tapes.- Mr Darden...
0:29:29 > 0:29:30This case is a circus!
0:29:30 > 0:29:33And the defence has made it into a circus
0:29:33 > 0:29:35and the court has allowed them to walk all over...
0:29:35 > 0:29:37Mr Darden, you are close to being held in contempt!
0:29:37 > 0:29:39Well, I should be held in contempt!
0:29:39 > 0:29:40Jesus.
0:29:40 > 0:29:43There's NOTHING funny here!
0:29:43 > 0:29:45Mr Darden.
0:29:45 > 0:29:46Chris, calm down.
0:29:48 > 0:29:50Don't.
0:29:50 > 0:29:51Mr Darden!
0:29:51 > 0:29:52Mr Darden!
0:29:54 > 0:29:57I am warning you, a good piece of advice -
0:29:57 > 0:29:59take three deep breaths then contemplate
0:29:59 > 0:30:01what you are about to say next.
0:30:10 > 0:30:12I don't like counsel, your Honour.
0:30:22 > 0:30:24All right, Mr Darden, you can have counsel.
0:30:24 > 0:30:28Do you wish to call your counsel at this time, Mr Darden?
0:30:46 > 0:30:50I would like to be heard on behalf of Mr Darden, your Honour.
0:30:50 > 0:30:53Miss Clarke, do you represent Mr Darden in this matter?
0:30:53 > 0:30:58I don't know if I'm legally entitled to, but I would like to be heard.
0:30:58 > 0:31:01Mr Darden is simply responding to the unfair events
0:31:01 > 0:31:03that have occurred in this court room today and other days.
0:31:03 > 0:31:06The court has been exploited by counsel for cross-purposes.
0:31:06 > 0:31:09Miss Clark, I think perhaps you need to take ten deep breaths,
0:31:09 > 0:31:12for you also are about to be held in contempt.
0:31:14 > 0:31:16Shall I take off my watch and jewellery?
0:31:41 > 0:31:43Your Honour...
0:31:45 > 0:31:47..perhaps some of my comments may have been
0:31:47 > 0:31:49somewhat inappropriate.
0:31:49 > 0:31:52I apologise to the court. I meant no disrespect.
0:32:01 > 0:32:04All right, Mr Darden, I accept your apology.
0:32:04 > 0:32:06I apologise to you for my reaction as well.
0:32:07 > 0:32:09You and I have known each other for a number of years
0:32:09 > 0:32:13and I know that your response was out of character, so thank you.
0:32:13 > 0:32:15Thank you, your Honour.
0:32:20 > 0:32:24CHANTING: No justice, no peace! No justice, no peace!
0:32:33 > 0:32:35Yeah.
0:32:35 > 0:32:37Yeah!
0:32:37 > 0:32:38Let's go, after you.
0:32:38 > 0:32:40Johnnie! Johnnie!
0:32:40 > 0:32:42Yes!
0:32:42 > 0:32:43Thank you for coming.
0:32:43 > 0:32:46Yes, no justice, no peace.
0:32:46 > 0:32:47No justice...
0:33:11 > 0:33:13- TAPE RECORDING: - I was first unit on the scene.
0:33:13 > 0:33:16Four suspects ran into an apartment in the projects.
0:33:16 > 0:33:18We kicked a door down, I grabbed a girl that lived there,
0:33:18 > 0:33:20grabbed her by the hair and stuck a gun to her head
0:33:20 > 0:33:22and used her as a barricade. I walked up and I said,
0:33:22 > 0:33:25"I've got this girl, I'll blow her fucking brains out
0:33:25 > 0:33:26"if you come out with a gun."
0:33:26 > 0:33:29I held her, then I threw the bitch down the stairs.
0:33:29 > 0:33:32- TAPE RECORDING: - Can we use that in the story?
0:33:32 > 0:33:33It hasn't been seven years.
0:33:33 > 0:33:35Statute of limitations.
0:33:35 > 0:33:38I have 300 and something pages of internal affairs investigation
0:33:38 > 0:33:39just on that one incident.
0:33:39 > 0:33:42We basically tortured those guys, we broke their bones
0:33:42 > 0:33:43until their faces were mush.
0:33:43 > 0:33:46There was blood all the way to the ceiling and fingermarks,
0:33:46 > 0:33:48like they were trying to crawl out.
0:33:48 > 0:33:51It was unbelievable. There was blood everywhere.
0:33:51 > 0:33:53How do you intellectualise when you punch the hell
0:33:53 > 0:33:54out of a nigger?
0:33:54 > 0:33:56He either deserves it or he doesn't.
0:33:56 > 0:33:58Falsifying a report, whatever.
0:33:58 > 0:34:00That's putting a criminal in jail.
0:34:00 > 0:34:02That's being a policeman.
0:34:02 > 0:34:05And does that police station have the smell of niggers?
0:34:05 > 0:34:08They've been beaten and killed in there for 30 years.
0:34:08 > 0:34:11Immediately after we beat those guys, we found a garden hose
0:34:11 > 0:34:12in the back.
0:34:12 > 0:34:14We had blood all over us. With a dark blue uniform,
0:34:14 > 0:34:17you don't see it, but we had to wash our hands.
0:34:17 > 0:34:19Looked like red paint.
0:34:19 > 0:34:23Cleaned our badges, cleaned our faces.
0:34:23 > 0:34:25Then we went out to direct traffic.
0:34:49 > 0:34:52'What happened in there...
0:34:52 > 0:34:54'This is now the Fuhrman trial.
0:34:54 > 0:34:56'This is not a trial...'
0:34:57 > 0:35:02..about the man that murdered my son!
0:35:02 > 0:35:06We came to this court months ago.
0:35:07 > 0:35:09You know, I just realised something.
0:35:09 > 0:35:10What's that?
0:35:10 > 0:35:12Mark Fuhrman's initials are MF.
0:35:15 > 0:35:16I guess that's funny.
0:35:17 > 0:35:19But I don't feel like laughing.
0:35:21 > 0:35:23HE SIGHS
0:35:24 > 0:35:25It seems like...
0:35:27 > 0:35:28Like it's all over.
0:35:31 > 0:35:33Ito could save our asses.
0:35:33 > 0:35:35He could decide it's all irrelevant
0:35:35 > 0:35:36and not let the jurors hear anything.
0:35:36 > 0:35:39Come on, Marcia, they'll hear.
0:35:39 > 0:35:41A couple of conjugal visits is all it takes.
0:35:47 > 0:35:49..the fact that he is a bad police officer...
0:35:58 > 0:36:00I'm so sorry I didn't listen to you.
0:36:03 > 0:36:04You deserved better.
0:36:09 > 0:36:11I know I'm too stubborn.
0:36:11 > 0:36:12I always refuse to back down.
0:36:14 > 0:36:15It's a problem.
0:36:16 > 0:36:18SHE LAUGHS
0:36:27 > 0:36:29I shouldn't have bet on Fuhrman.
0:36:33 > 0:36:36Well, if we're apologising...
0:36:38 > 0:36:40..then I'm sorry as shit about those gloves.
0:36:53 > 0:36:56Guess we should have listened to each other.
0:37:08 > 0:37:09I got some work to do.
0:37:19 > 0:37:23These tapes expose the ugly reality of the LAPD.
0:37:23 > 0:37:26It can never again be denied, and we only hope and pray
0:37:26 > 0:37:28- that Chief Williams... - KNOCK ON DOOR
0:37:28 > 0:37:31..follows through on his promise of change.
0:37:31 > 0:37:34I trust that's enough for your story and thank you.
0:37:34 > 0:37:36Ito is releasing the decision.
0:37:36 > 0:37:37HE LAUGHS
0:37:37 > 0:37:40Come on, come on, come on.
0:37:49 > 0:37:51No, give me, give me, give me.
0:37:51 > 0:37:52- No.- No!- No.
0:37:52 > 0:37:54No, it's a nightmare.
0:37:54 > 0:37:55Ito shafted us.
0:37:55 > 0:37:58He's disallowing all the beatings, all the manufacture of evidence.
0:37:58 > 0:38:00My, God, he's only allowing in two sentences -
0:38:00 > 0:38:03"We have no niggers where I grew up" and "That's where niggers live."
0:38:03 > 0:38:05- All Ito cares about is... - BOTH:- The perjury.
0:38:05 > 0:38:07Fuhrman testified that he didn't say the word,
0:38:07 > 0:38:10- so two sentences prove otherwise. - What about the other 13 hours?
0:38:10 > 0:38:12"Their value is overwhelmingly outweighed
0:38:12 > 0:38:14"by the danger of undue prejudice."
0:38:14 > 0:38:16"Prejudice", that's a hell of a word to use.
0:38:16 > 0:38:19Bring the whole team down here and call up every network!
0:38:19 > 0:38:21Shawn, dry them tears, girl! Let's go!
0:38:25 > 0:38:2713 hours of tapes down to two sentences.
0:38:27 > 0:38:29In the history of American jurisprudence...
0:38:29 > 0:38:31Johnnie, stop!
0:38:31 > 0:38:32You're turning this into a referendum.
0:38:32 > 0:38:35Now, granted, it's a mixed decision, but Ito's given us
0:38:35 > 0:38:36enough to work with.
0:38:36 > 0:38:39Bob, you're blind. He's knocked out the manufacturing of evidence.
0:38:39 > 0:38:41That's what gets us to the planted glove.
0:38:41 > 0:38:43I appreciate your passion, but we've been hired
0:38:43 > 0:38:46to defend a client, not to burn down a city.
0:38:46 > 0:38:47Now, I'm sorry that you're disappointed
0:38:47 > 0:38:49and I understand everything...
0:38:49 > 0:38:51No, you don't! It's impossible.
0:38:51 > 0:38:54There is no way you can understand what this is like, Bob.
0:38:59 > 0:39:03It's one of the cruellest, unfairest decisions ever rendered.
0:39:03 > 0:39:06It lends credence to all those who say the criminal justice system
0:39:06 > 0:39:08is corrupt.
0:39:08 > 0:39:11Now, Judge Ito is misleading this jury.
0:39:11 > 0:39:14All the world knows who Mark Fuhrman really is,
0:39:14 > 0:39:16except our jury.
0:39:16 > 0:39:20Our jury will be left in the dark.
0:39:20 > 0:39:24OJ Simpson has been wrongly accused and framed
0:39:24 > 0:39:26and the cover-up continues.
0:39:26 > 0:39:31Now, I know that many people share in our anger.
0:39:33 > 0:39:38But the citizens of Los Angeles should remain calm.
0:39:44 > 0:39:46Here, baby.
0:39:46 > 0:39:47Thank you.
0:39:53 > 0:39:54I'm still trembling.
0:39:57 > 0:40:01I'd hoped to accomplish so much.
0:40:01 > 0:40:03Johnnie...
0:40:03 > 0:40:05you have. Johnnie, you have.
0:40:06 > 0:40:08Those two lines say plenty.
0:40:14 > 0:40:15I feel like I failed.
0:40:19 > 0:40:22All those hours of tape...
0:40:22 > 0:40:25and the jury will only hear 12 words.
0:40:27 > 0:40:31But the world, they heard the whole truth.
0:40:34 > 0:40:37To hell with OJ Simpson, he is an imperfect vessel,
0:40:37 > 0:40:38but you, you...
0:40:40 > 0:40:41..got your message out there.
0:40:44 > 0:40:46I'm proud of you, Johnnie.
0:40:56 > 0:40:59ANGRY SHOUTS
0:41:08 > 0:41:11ANGRY SHOUTS
0:41:18 > 0:41:23CAMERAS CLICKING
0:41:25 > 0:41:29We call Detective Mark Fuhrman to resume the witness stand.
0:42:27 > 0:42:30It's hard to be hated by both sides.
0:42:30 > 0:42:33It takes a man of certain character.
0:42:37 > 0:42:39All right, good afternoon, Detective.
0:42:39 > 0:42:40Good afternoon, your Honour.
0:42:40 > 0:42:44You are reminded, Detective, that you are still under oath.
0:42:44 > 0:42:45Mr Cochran, you may proceed.
0:42:45 > 0:42:47Thank you, your Honour.
0:43:06 > 0:43:09Detective Fuhrman, was the testimony you gave
0:43:09 > 0:43:12at the preliminary hearing in this case completely truthful?
0:43:19 > 0:43:22I wish to assert my Fifth Amendment privilege.
0:43:25 > 0:43:28Detective Fuhrman, have you ever falsified a police report?
0:43:31 > 0:43:34I wish to assert my Fifth Amendment privilege.
0:43:36 > 0:43:39Detective Fuhrman, is it your intention to
0:43:39 > 0:43:41assert your Fifth Amendment privilege
0:43:41 > 0:43:43with respect to all questions I may ask?
0:43:44 > 0:43:45Yes.
0:43:45 > 0:43:47Your Honour, may I have a moment?
0:43:47 > 0:43:48- Of course.- Thank you.
0:43:50 > 0:43:53WHISPERING AND CHATTER
0:43:53 > 0:43:56Your Honour, can we curtail this performance piece?
0:43:56 > 0:43:58The witness has already made clear that he will not
0:43:58 > 0:44:00answer any further questions.
0:44:00 > 0:44:03Actually, your Honour, may I ask just one last question?
0:44:06 > 0:44:07Thank you.
0:44:11 > 0:44:14Detective Fuhrman...
0:44:14 > 0:44:17did you plant or manufacture any evidence in this case?
0:44:27 > 0:44:30I assert my Fifth Amendment privilege.
0:44:30 > 0:44:31SIGHS
0:44:35 > 0:44:38No further questions, your Honour.
0:44:42 > 0:44:43Thank you.
0:44:49 > 0:44:50Yeah.
0:45:00 > 0:45:02OJ LAUGHS
0:45:02 > 0:45:04Johnnie is a genius!
0:45:04 > 0:45:06Did you see what happened in there?
0:45:06 > 0:45:07Oh, man! Fuhrman framed me!
0:45:07 > 0:45:09He framed me!
0:45:09 > 0:45:11That was something, huh?
0:45:11 > 0:45:13Yeah, it was a real success for the defence.
0:45:13 > 0:45:15Well, I won't be wearing these much longer.
0:45:15 > 0:45:17HE LAUGHS
0:45:17 > 0:45:18Oh, man, that was magical!
0:45:20 > 0:45:22Johnnie's got charisma, man! Ooh!
0:45:22 > 0:45:23Oh, that was something!
0:45:23 > 0:45:26Oh.
0:45:26 > 0:45:27HE LAUGHS
0:45:27 > 0:45:31Bobby, have a good night.
0:45:31 > 0:45:33Wow.
0:45:33 > 0:45:34Wow.
0:45:37 > 0:45:39Marcia, I've been looking for you.
0:45:39 > 0:45:42- The ruling just came in.- The ruling?
0:45:42 > 0:45:44What did Ito do now?
0:45:44 > 0:45:46Ito? No, the ruling of your divorce.
0:45:58 > 0:45:59I got primary custody.
0:46:01 > 0:46:02So, you got everything.