The Prosecution Theory Rebuked

The annotated glove related excerts Marcia Clark Summation: {Sept 26}
The Defendant came back from Bundy in a hurry. Ron Goldman upset his plans and things took a little longer than anticipated. He ran back behind the house, that dark narrow south pathway--you all saw it. You were there in daytime. But imagine how dark it is at night--that dark, narrow south pathway thinking he could get rid of the glove, the knife, in that dirt area in the back. You recall back behind the guest houses there is a dirt area, just all dirt, not very well tended, but he was in a hurry. He was moving quickly down a dark narrow pathway overhung with trees, strewn with leaves, and in his haste he ran right into that air conditioner that was hanging over that south pathway and running into that air conditioner caused him to fall against the wall, making the wall of Kato's room shake. You recall that air conditioner. It was hanging low. You had to stoop to get down under it.

Commentary "He ran back behind the house" - the testimonies to theory states he went directly into the house. Now Clark has him running behind the house -- he's bleeding, but drops no blood.

"That dark narrow south pathway" - that night, the alley would have been very dark. And, according to the prosecution, he planned to bury the evidence -- but had no flashlight. He's running down a dark alley, with no means of seeing where he would be depositing the evidence; with no means of checking if it was properly covered. And how was he going to dig in the dirt on the other side of the A/C unit? With a long handled shovel that was in the back of the Bronco? If he had it with him, how did it get back into the Bronco? Do we assume that he would have used the knife to dig? But he's still wearing the bloody clothes. No blood anywhere back there.

You recall that air conditioner. It was hanging low. - The air conditioner is hangs about 5'-8" over the ground. As we see in the OJ Video, Simpson's head height is exactly center on that unit. Had he run into that, it would have been with his face. Were there any cuts, bruises or abrasions on Simpson's face the next day? Not one. So, with an impact hard enough to stun, to make one fall against a wall with "earthquake" force? There would be facial evidence -- possibly a bloody nose, a piece of fabric on the wall, something. There was nothing.

Marcia Clark continues:
And if you are in a hurry and you are not looking where you are going in that dark, narrow pathway, you can see how it can easily happen how someone in a hurry can do that. And it was just as simple as that. Simple common sense tells you that the thumping, the glove and the Defendant's appearance on the driveway almost immediately thereafter are all part of one set of events, all connected in time and space. You don't need science to tell you that; you just need reason and logic.

Commentary Run down a dark narrow pathway; seek a place to secrete evidence of a gruesome, bloody, double murder; but don't carry a flashlight? Run down a very narrow pathway, overhung with branches, in the dark, and not damage or disturb a leaf? Not break a branch? Not brush the wall and leave a trace of fabric? Run down a long narrow path -- only two feet wide -- in the dark -- and not leave a trace?

And this was all done, while passing two closed gates -- one of which is broken and has to be lefted to be opened. How do we know this? Kaelin, describing his first trip behind the house to check the noise, told us what he had to do to open the gate. But the prosecution would have you believe that the defendant -- blindly running down a dark, narrow alleyway -- stopped to close both gates. One of which is a broken gate that has to be lifted and fit back into place. And he does this, while holding a bloody knife in his hand -- and drops no blood.

Clark stretches credibility beyond the breaking point. *** Clark fails her own the common sense test. ***

Look at the way Clark describes Kaelin's journey down that dark pathway -- we know from the testimony, that she is discussing the second time down the south pathway; the first time having been when he opened the gate, and didn't go more than half way to the second gate. A journey the testimony -- as developed by Clark -- states was made at 10:50. A full three to five minutes after Clark established the call between Kaelin and Farrara ended. Fullly eight minutes after the noise.

MS. CLARK: All right. When we left off, I was talking about the occurrence of the thumping, the gloves dropping on the south pathway and the Defendant's appearance on the driveway within a couple of minutes of each other. Now, while Allan Park was speaking to the Defendant on the intercom at that time, Kato who realized that--who wasn't worried about Allan being left outside, went over to the south pathway and looked down the gate. Can we get section 6-D back? I'm going to put up that diagram again so you can orient yourself because it's hard talking about this in the abstract. Okay. Can we back out just a little bit more? A little bit more. There we go. And the south pathway if you'll recall is at the bottom most edge below where the area marked "Garage" is you might recall. And he said that he went over to that area, looked down there, went through the first gate, went as far as the second gate, but that flashlight was very dim and he was worried and he was scared and he didn't want to go any farther. So he looked down there, but it was dark and he didn't want to go any farther. He said that he could not see the portion of the pathway that was right outside the wall of his room where he had heard the thumping. It was too dark, and he came back out without going actually any farther on the pathway. When he came back out, he realized that Allan Park was still waiting outside the gate. Now, this is after Allan had spoken to the Defendant on the intercom. And when he realized that the Defendant had not yet buzzed Allan in, he went and he let him in.

And the Defense would have you believe, ladies and gentlemen, that the Defendant's appearance on the driveway just two minutes after the thumping on Kato's wall is a coincidence and the Defense would have you believe that the thumping and the appearance of that glove, the Defendant's glove, were unrelated events. And the thumps themselves, just think about that. Regardless of where or how they happened, just the fact that they happened shortly after the murders at the Defendant's house and just before the Defendant walked up his driveway in dark clothing, like the dark blue or black sweat outfit that Kato described, you just put those facts together and you realize what has happened.

How could Marcia Clark misrepresent the testimony this way? Why would the Court allow it? The answer is simple. This stage of the trial is considered "Argument", the rules are more lax. Misrepresentations have to be artfully phrased. And Marcia Clark is a very "artful" prosecutor.

The Prosecutions Explaination for the noise doesn't work. Simpson, running down the south pathway into the airconditioner -- as Marcia hysterically asserted -- would have hit it squarely with his face. This can now be seen on the new Video OJ Tells. Of course, the anti-Simpson and pro-Fuhrman forces have launched a campaign to block the telephones associated with the sales of that video. This is, of course, a violation of Federal Trade Laws; but, consistent with Fuhrmanesque attitudes toward the Constitution.

The now infamous

Cat Theory

a Simpson Newsgroup favorite.

A Possible explaination for noise:

Based on observed behavior, the noise could have been a cat jumping off the roof. At that location, the roofline is approximately ten feet over the air conditioner. A fifteen pound cat, dropping that distance, would have impacted the air conditioner with a force of 150 foot pounds -- equivalent to a hammer driving a four penny nail.

When the forepaws impacting the outter edge of an air conditioner -- that is cantilevered and therefore would amplify the force at the wall -- are followed by rear paws, there would be a double thump. The return would then create third thump. Three thumps in rapid succession and the vibration of the impact force transmitted to the wall as the unit returns to equilibrium -- Kaelin's earthquake.

It is noted in the testimony, at 10:39 Alan Park lightly impacted the Ashford Gate. The street was exceptionally quiet; the gate is to the north of Kaelin's room, and the air conditioner to the south. An animal, surprised by a sharp sound, will jump in the opposite direction. In this case, possibly a cat that had been stalking a bird, squirrel or chipmunk.

The beauty of this hypothesis -- this possibility -- is that it can be tested. Cats are territorial, they range over twenty to thirty acres. In the Brentwood area, this would be a ten house radius around the Simpson property. Cats are also creatures of habit; if the cat, and it's owner are still in the neighborhood, the cat is probably still crossing the Simpson roof.

In the absence of locating the cat, dropping a ten-fifteen pound beanbag, from the roof onto the outer edge of the air conditioner -- video taped in Kaelin's room -- would suffice to prove feasibility.

return to 10:50

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Targeted at FUHRMAN: December 7 , 1995 In retaliation for his RACIST sneak attack.

Times Square 1900 block

BHI's CapitolHill

Kaelin's Earthquake

The Prosecution Theory Rebuked

Cat Theory

Note: All Transcript and Image Material used in this presentation is available on the WEB.Most images have been edited to provide comparative visualization of relevant evidence points.

Note: All Transcript and Image Material used in this presentation is available on the WEB.
Most images have been edited to provide comparative visualization of relevant evidence points.