Prosecutor Hank Goldberg published
The Prosecution Responds: An O.J. Simpson Trial Prosecutor Reveals what Really Happened (1999) and wrote that the verdict was the result of a "perfect storm" of mistakes by investigators, prosecutors, and the court, all taking place in the aftermath of the
1992 Los Angeles riots. Former Los Angeles County Deputy District Attorney
Vincent Bugliosi published
Outrage: The Five Reasons Why O. J. Simpson Got Away with Murder.
Inaccurate estimate of Simpson's blood draw According to Goldberg, Hodgman, Darden and Marcia Clark, the principal mistake made in the case was during the preliminary phase when Thano Peratis incorrectly estimated how much blood he drew from Simpson. He estimated initially that he withdrew 8 mLs from Simpson, but the records show that only 6.5 mLs was accounted for, and the defense alleged that 1.5 mLs of Simpson's blood was missing. That mistake threw the prosecution on the defensive as Scheck claimed it was missing due to fraud. Peratis was scheduled to testify again early in the trial to clarify, but he became hospitalized, and the jury never heard him correct his estimate until the rebuttal stage of the trial, after Scheck had already made all of his blood planting claims.
The glove demonstration It was prosecutor
Christopher Darden who asked to have Simpson try on the gloves at trial. In
O.J.: Made in America, Marcia Clark claimed that she had implored Darden not to have Simpson try the gloves on, and they had fought many times about it. Though Darden accepted, Bailey fooled him into having Simpson try them on, stating that if he didn't, the defense would. The gloves not fitting was national news because of the perceived impact it had on the jurors and also universally recognized as a prosecutorial blunder. Bugliosi was very critical of Darden and wrote that asking Simpson to don the gloves was akin to asking Simpson if he was guilty and expecting him to reply affirmatively. Juror Brenda Moran said she acquitted Simpson because the gloves didn't fit, but juror Lionel Cryer said the glove demonstration was pointless because it was obvious they had changed from their original condition because Darden produced a new pair of the same type gloves, and they fit Simpson just fine. In
O.J.: Made in America, Simpson's sports agent,
Mike Gilbert, claimed that before the glove demonstration, he advised Simpson to stop taking his arthritis medication so that his hands would swell and not fit the gloves. On
The Rich Eisen Show, however, defense attorney
Carl E. Douglas disputed Gilbert's claim as preposterous, and said that the defense team was unaware that there would be a glove demonstration at all, even though Bailey had already admitted in
O.J.: Made in America that they were aware of the coming demonstration and that he had fooled Darden into having Simpson try the gloves on so that it would be seen as a mistake on the prosecution's part and not the defense's.
Exclusion of incriminating evidence Prosecutor
William Hodgman, prior to being replaced as Clark's co-counsel, decided not to introduce the evidence of the Bronco chase, the suicide note, the items found inside the Bronco and the video of Simpson's police interview. Clark agreed and chose not to present it after Hodgman was replaced. Bugliosi was very critical of Clark's decision because that particular evidence was very incriminating: Simpson admitted in the police interview that he cut his finger and bled all over his house, driveway, and Bronco the same day as the murders; Simpson gave conflicting alibis to the public (he told Alan Park the limo driver that he overslept and then had a shower; but in contradiction, limo driver Park testified he had seen Simpson dressed in black clothes enter his house moments earlier; and Robert Shapiro claimed Simpson was in Chicago at a golf conference the night of the murders). Robert Shapiro in a letter (which Robert Kardashian read on live television) apologized to the family of Ron Goldman, for what could only been Ron's murder because: the two had never met; Simpson took his passport when he fled, implying Simpson intended to flee the United States; and so he wouldn't be recognized, Simpson carried a disguise kit. Clark agreed with Bugliosi that this evidence was incriminating, but Clark defended her decision to not offer it at trial, noting the public was already aware that Simpson's actions implied guilt; thousands of people were supporting Simpson's attempt to flee prosecution; and many citizens were overall sympathetic to Simpson and his feelings of guilt. Jeffrey Toobin stated: by the time trial commenced jurors were already aware of the Bronco chase, the suicide note, and the items found in the Bronco. Plus, like most everyone worldwide, the jurors too had stopped what they were doing to watch the chase on TV. Despite these incriminating details, Toobin opines the jurors decided to disregard them nonetheless.
Dropping the domestic violence portion of the case Prosecutor
Marcia Clark was the one who decided to drop the domestic violence portion of the case halfway through presenting it. Darden wrote that the domestic violence was the motive for the murders. Vincent Bugliosi wrote he would have gone into more detail about it and noted that the abuse had turned public opinion against Simpson and opined that it would have also turned the jury against him as well if Clark and Darden had presented it better, writing that juror Brenda Moran claiming that domestic abuse being irrelevant to murder was the same as claiming that overeating was irrelevant to obesity.
Daniel M. Petrocelli credited the difference in the outcome in civil trial to the jury being receptive to the argument that domestic abuse is a prelude to murder. Darden wrote that the presentation of that part of the case was hampered by Judge Ito ruling the letters and statements by Nicole inadmissible as
hearsay. Witness accounts were admissible, but Ito again delayed the prosecution from calling them until after all the forensic evidence had been presented. By then, Darden wrote, the jury was exhausted and appeared disinterested in hearing anymore about the abuse. Clark claimed she dropped it because she felt the
DNA evidence in the case was insurmountable, but the media speculated it was due to the comments by dismissed juror Jeanette Harris, and Darden confirmed that to be true. Harris was a victim of domestic violence but failed to disclose it and was dismissed as a result. But afterwards, she gave an interview and called Simpson's abuse of Brown "a whole lot of nothing" and said other jurors on the panel felt the same way. In
Evidence Dismissed and
Murder in Brentwood, Detectives Lange, Vannatter and Fuhrman all wrote that they considered the history of domestic violence to be a weak motive for murder as well.
Changing the venue In
Outrage, Bugliosi criticized the prosecution for holding the trial in downtown Los Angeles rather than Santa Monica where the murders took place.
Alan Dershowitz stated the prosecution did this intentionally, but Toobin wrote that changing the venue is the domain of the courts, not the district attorney, and the trial "could never have been held anywhere except the criminal courts building in downtown Los Angeles" because that was the only area at the time that could accommodate it. Darden wrote in his book
In Contempt that it was hypocritical to criticize the defense for allegedly trying to seat black jurors while also criticizing the prosecution for not wanting to hold the trial in Santa Monica so there would be fewer black jurors. During the jury selection process, both the defense and the prosecution were accused of intentionally trying to seat or exclude black jurors respectively which was illegal because California courts barred
peremptory challenges to jurors based on race in
People v. Wheeler. Mark Fuhrman In
Outrage, Bugliosi criticized Marcia Clark and Chris Darden for their remarks about Mark Fuhrman in their closing arguments, in which Clark referred to him as a racist, "the worst the LAPD has to offer" and essentially wishing a person like him never born, and Darden claiming that he would never again refer to him as "Detective Fuhrman" on the basis that he did not warrant the title, both of them essentially strengthening the defense's claims about race. Bugliosi cited a case which Fuhrman had worked on in October 1994, in which Arrick Harris, an African-American male narcotics dealer, had been falsely accused of murdering a white male who he had previously threatened to kill, but had later been freed based on evidence that Fuhrman himself had discovered, and criticized Clark for not bringing it up to refute the defense's claim that Fuhrman was racist. Detectives Lange and Vanatter agreed with Bugliosi, stating that Clark went too far and her closing argument actually did more to damage the LAPD's credibility in the eyes of the jury, while Bugliosi also criticized Clark and Darden for not confronting Fuhrman about his history of using racial epithets from the beginning and instructing him to tell the truth on the witness stand if asked about it by the defense in order to portray himself as an honest witness. Vannatter conceded in an interview that the LAPD contacted the wrong prosecutor. Lange and Vannatter also criticized Fuhrman for committing perjury and then pleading the fifth. Lange in particular criticized Fuhrman for using racial epithets in such a disparaging way on tape without expecting any possible future consequences. In
Outrage, Bugliosi also cited that following the trial, co-prosecutor Bill Hodgman had claimed that he had evidence of Fuhrman working hard to exonerate more African-Americans, and criticized him for not producing it. Bugliosi also pointed out that fourteen uniformed officers, most of whom had never met Fuhrman, arrived at the crime scene and saw only one glove before Fuhrman arrived. Also, they faulted Clark and Darden for producing only two of them instead of all fourteen to clarify that there was only one glove, and thus it would have been impossible for Fuhrman to plant a second glove or for Lange, Vannatter or Fung to plant any evidence at Simpson's estate without being seen, only unless it was a conspiracy between several different unconnected divisions of the LAPD, the LAPD crime lab, and the two private crime labs which also received the blood samples, which Bugliosi dismissed as an impossibility. Fuhrman himself claimed that to believe that he planted the second glove would be as absurd as believing that he planted
Kato Kaelin, Simpson's friend who was sleeping at Simpson's guesthouse on the night of the murders and who testified that he heard three loud thumps like an earthquake coming from the same area where Fuhrman found the second glove, and pointed out that while Johnnie Cochran and F. Lee Bailey were accusing him of planting the glove by placing it in a plastic bag and stuffing it in his sock so it would not be seen, they did not once subpoena his clothes from the night of the murders to look for any actual physical proof of their allegations, which proved that both Cochran and Bailey knew that Fuhrman was innocent of any crimes but were deliberately lying to the predominantly-black jury to play on their emotions and get a racially motivated jury nullification. In 2006, one year after Cochran died, in an interview with Judith Regan for
If I Did It, Simpson conceded that he "must have" dropped one glove at the crime scene because that was where the police found it, directly contradicting Cochran and Bailey's claims that a different killer had left two gloves at the crime scene and Fuhrman had planted one of them on Simpson's property to frame him. Though the interview was not broadcast until 2018, the book was published in 2007, and even though the book included Simpson's concession, Bailey continued to assert until his passing in June 2021 that Fuhrman planted the glove. In
O.J.: Made in America, Fuhrman claimed that in 1985, he had responded to a 911 call from Nicole and witnessed Simpson threatening Nicole with a baseball bat, and had to threaten Simpson with physical violence to make him drop the bat, but Nicole declined to press charges. During the trial, both Cochran and Bailey cited this encounter as Fuhrman's motive to frame Simpson, but claimed that it was based on his dislike for interracial couples, conveniently omitting that Fuhrman had stopped Simpson from potentially murdering Nicole in 1985. After the trial, pressure was put on district attorney Gil Garcetti by the African American community to prosecute Fuhrman, which resulted in Fuhrman pleading no contest to a felony perjury charge and being fired from the LAPD, which angered Bugliosi among others, since the same had not been applied to the defense witnesses and experts who later admitted that they had deliberately committed perjury in Simpson's favor about facts which actually were relevant to the case. Ironically, Fuhrman, who was the prosecution's star witness, was the only one who was convicted on charges stemming from the Simpson trial, which led to Bugliosi referring to him as a "victim". Both Bugliosi and Fuhrman asserted Section 128 of the California
Penal Code that states that planting evidence in a capital offense warrants the death penalty, but in a televised debate between Bugliosi and Dershowitz on a June 11, 1996 edition of
Larry King Live, Dershowitz dismissed Section 128 as a lie and continued to assert that Fuhrman and Vannatter had planted evidence and lied on the witness stand. Writer
Dominick Dunne was quoted as saying it seemed as if using racial epithets had briefly become a worse crime than murder, and criticized Johnnie Cochran for repeatedly describing his defense as a "search for truth" while he himself was knowingly lying and manipulating the jury based on facts irrelevant to the case itself. Fuhrman compared his situation to that of
Joseph Wambaugh, a former LAPD detective who had written a semi-fictional novel,
The Choirboys, in which the same racial epithets were uttered by the main characters, and pointed out the hypocrisy that nobody had accused Wambaugh of racism or white supremacy while he had been condemned by the public for doing the same for a fictional screenplay, and criticized the prosecution for abandoning him instead of presenting the screenplay or any witnesses who would prove its fictitious nature, such as the agent in charge of its publication or the screenplay's producers. == Criticism of the defense ==