📄 Opening statement — Marcia Clark (afternoon, part 2) — Tuesday, January 24, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\24\OPENING-STATEMENT-MARCIA-CLARK.DOC
TRIAL
▲ Day 5 of 167

Opening statement — Marcia Clark (afternoon, part 2)

Called by: Prosecution • Date: Tuesday, January 24, 1995 • Utterances: 80
Marcia Clark continues her opening statement by walking the jury through crime scene photographs at Bundy Drive, showing the murder scene, the ski cap and glove beneath the plant, and a single trail of bloody shoeprints and blood drops leading away from the bodies toward the rear alley. She then traces the same blood evidence to OJ Simpson's Rockingham estate — the Bronco, the driveway, the foyer, the matching glove by Kato's air conditioner, and socks at the foot of the defendant's bed — before pivoting to explain DNA testing, hair and fiber science, and why the jury should trust forensic evidence over anticipated defense contamination arguments.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
2 THE COURT:

ALL RIGHT. I HAVE CUT BOTH FEEDS.

3 MS. CLARK:

THANK YOU, YOUR HONOR. WHAT WE ARE TRYING TO CONVEY TO YOU HERE IS THE SMALLNESS OF THE AREA IN WHICH THE VICTIMS WERE ATTACKED. IT LEFT THEM NOWHERE TO GO, ESPECIALLY RON, WHO IS LITERALLY WEDGED INTO A CORNER. NICOLE IS JUST A FEW FEET FROM HIM AND BETWEEN THEM YOU WILL SEE THE EVIDENCE THAT I HAVE SPOKEN TO YOU ABOUT. WHAT YOU SEE HERE IN ITEM P, THIS PHOTOGRAPH, THAT IS THE ENVELOPE IN WHICH JUDITHA BROWN'S CLASSES WERE KEPT THAT WERE PUT IN THERE BY KAREN CRAWFORD, THE BAR MANAGER, AND RON GOLDMAN TOOK THEM WITH HIM TO GIVE TO NICOLE. HERE UNDER THE PLANT, WHICH IS AT THE FOOT OF RON GOLDMAN, PARTIALLY HIDDEN BY THE PLANT, IS THE BLUE SKI CAP, THE BLUE LEATHER GLOVE. THIS IS NICOLE AND THIS IS THE BODY OF RON GOLDMAN, (INDICATING).

4 THE COURT:

I HAVE TURNED BOTH SYSTEMS BACK ON.

5 MS. CLARK:

THANK YOU, YOUR HONOR. YOUR HONOR, WE ARE GOING TO MOVE TO THE SCREEN AND IT IS GOING TO BE A CRIME SCENE PHOTOGRAPH.

6 THE COURT:

ALL RIGHT.

7 MS. CLARK:

THANK YOU.

8 MR. FAIRTLOUGH:

P-12.

9 MS. CLARK:

ALL RIGHT. THIS IS A VIEW LOOKING FROM UP TO DOWN. WE DID WARN YOU, LADIES AND GENTLEMEN, THAT THIS WAS A CASE THAT WAS GOING TO HAVE PHOTOGRAPHS THAT WOULD BE VERY, VERY HARD TO LOOK AT. WE HAVE TO SHOW YOU THE EVIDENCE, AND I APOLOGIZE FOR THE GRAPHIC NATURE OF THEM, BUT THIS IS THE CRIME THAT WE ARE HERE TO EXAMINE. LOOKING DOWN THE STEPS, WHAT THE OFFICER IS POINTING TO IS A SKI CAP, THE GLOVE THAT I HAVE JUST SHOWN YOU IN THE PHOTOGRAPHS. YOU CAN SEE IT NOW IN RELATION TO NICOLE. AT THE TOP OF THE PHOTOGRAPH YOU CAN JUST SEE THE BOOT OF RON GOLDMAN AND YOU CAN SEE THE ENVELOPE IN BETWEEN THEM. THAT IS THE SCENE AS IT WAS FOUND BY OFFICERS RISKI AND TERRAZAS.

10 MR. FAIRTLOUGH:

P-13.

11 MS. CLARK:

THIS IS A CLOSE-UP. YOU CAN SEE NOW UNDERNEATH THE PLANT. IT WAS HARDER SEE BEFORE FROM A DISTANCE, THE GLOVE AND THE SKI CAP. WHAT YOU CAN ALSO SEE HERE IS THE BLOODY SHOEPRINT. WE WILL BE SHOWING YOU MORE OF THOSE.

12 THE COURT:

ALL RIGHT. MISS CLARK, I'M GOING TO RELEASE THIS ONE VIDEO.

13 MS. CLARK:

OKAY.

14 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
15 MR. FAIRTLOUGH:

P-14.

16 MS. CLARK:

THIS IS A LITTLE BIT CLOSER SHOT TO LET YOU SEE HOW CLEARLY YOU SEE THE BLOODY SHOEPRINT AT THE SCENE, RIGHT AT THE -- RIGHT NEAR THE SKI CAP, THE GLOVE, AND YOU CAN SEE HOW ON A DARK NIGHT WHEN IT IS DARK THERE, A SKI CAP, THE GLOVE WOULD BE HIDDEN BY THE PLANT, IT WOULD BE DIFFICULT TO FIND, AND UNDER PRESSURE AND HURRIED SITUATION YOU ARE NOT GOING TO HAVE A LOT OF TIME TO LOOK FOR THEM. UPON SEEING WHAT YOU HAVE JUST SEEN HERE, LADIES AND GENTLEMEN, OFFICER RISKI WENT AND NOTIFIED HIS SUPERVISOR WHO ARRIVED AT 12:30. A CRIME SCENE WAS IMMEDIATELY SET UP, YELLOW TAPE WAS PLACED IN FRONT OF THE RESIDENCE AND BEHIND THE RESIDENCE IN ORDER TO MAKE SURE THAT NO ONE WOULD WALK IN AND DISTURB ANY OF THE EVIDENCE. AFTER THE ARRIVAL OF HIS SUPERVISOR, OFFICER RISKI ENTERED THE CONDOMINIUM. NOW, WHAT I SHOULD TELL YOU IS THAT WHEN HE CAME TO THE SCENE HE FOUND THE BODY OF NICOLE. HE COULD SEE THE FRONT DOOR OF THE CONDO AND IT WAS STANDING WIDE OPEN, SO SHE HAD JUST COME OUTSIDE WHEN SHE WAS ATTACKED.

HE WENT INSIDE THINKING THAT THERE MIGHT BE A SUSPECT INSIDE AND LOOKED ALL THROUGH THE HOUSE. NOT ONLY DID HE NOT FIND A SUSPECT, BUT HE FOUND NO EVIDENCE OF RANSACKING, NO EVIDENCE OF FORCED ENTRY, NO EVIDENCE OF A STRUGGLE, NOTHING THAT WOULD INDICATE THIS WAS RELATED IN ANY WAY TO A BURGLARY. WHEN HE GOT UPSTAIRS IN THAT CONDO HE FOUND THE TWO CHILDREN, JUSTIN AND SYDNEY, ASLEEP IN THEIR BED. THEY WERE TAKEN QUICKLY OUT OF THE CONDO OUT THROUGH THE REAR TO AVOID THE HIDEOUS SIGHT IN FRONT OF THEIR HOUSE. NOW, WHEN OFFICER RISKI SAW -- HE HAD GONE INSIDE TO CLEAR THE HOUSE, HE CAME OUT THE FRONT DOOR AND HE LOOKED DOWN THE WALK, AND I WOULD LIKE TO SHOW YOU NOW WHAT HE SAW ON THAT BE WALKWAY.

17 MR. FAIRTLOUGH:

P- --

18 MS. CLARK:

YOUR HONOR, THIS IS -- CAN YOU KILL THIS ONE?

19 THE COURT:

I'M GOING TO TURN IT OFF UNTIL I SEE SOMETHING.

20 MR. FAIRTLOUGH:

P-15.

21 MS. CLARK:

WHAT I'M SHOWING YOU HERE IS A SHOEPRINT AGAIN RIGHT HERE, HEEL PRINT, A BLOODY HEEL PRINT, AND ANOTHER ONE HERE, (INDICATING). NEXT.

22 MR. FAIRTLOUGH:

P-16.

23 MS. CLARK:

AGAIN BLOODY SHOEPRINTS. YOU CAN SEE ONE SET OF BLOODY SHOEPRINTS AS THEY GO DOWN THE WALKWAY.

24 THE COURT:

ALL RIGHT. I AM RELEASING THIS ONE.

25 MS. CLARK:

ALL RIGHT. THOSE BLOODY SHOEPRINTS, THAT ONE SET OF BLOODY SHOEPRINTS CONTINUE ALL THE WAY BACK TOWARD THE REAR ALLEY AREA WHERE THERE IS THE DRIVEWAY. REMEMBER I SHOWED YOU EARLIER ON THAT THERE WAS A DRIVEWAY AREA BEHIND THE CONDOMINIUM WHERE HER JEEP WAS PARKED. THESE BLOODY SHOEPRINTS ARE ALL IN THE SAME DIRECTION LEAVING THE BODIES OF RON AND NICOLE GOING TOWARD THE BACK AREA.

26 MR. FAIRTLOUGH:

P-17.

27 MS. CLARK:

AND YOU CAN SEE THEM HERE AGAIN IN A PERSPECTIVE SHOT. I'M CIRCLING WITH THE RED PEN. ABOUT HALF WAY DOWN THE WALKWAY THEY START TO FADE OUT AS THE BLOOD IS PICKED UP BY THE SIDEWALK. WHAT OFFICER RISKI ALSO SAW WERE THAT THERE WERE BLOOD DROPS JUST TO THE LEFT OF THOSE BLOODY SHOEPRINTS, SO NEXT TO THAT SINGLE SET OF BLOODY SHOEPRINTS LEAVING THE SCENE YOU HAD BLOOD DROPS TO THE LEFT OF THEM.

28 MR. FAIRTLOUGH:

P-18.

29 MS. CLARK:

THESE MARKERS HERE INDICATE WHERE THERE WERE BLOOD DROPS FOUND AND CLOSE UP.

30 MR. FAIRTLOUGH:

P-19.

31 MS. CLARK:

THAT IS A CLOSE-UP OF 112 THAT YOU SAW FARTHER IN THE DISTANCE, THE BLOOD DROP.

32 MR. FAIRTLOUGH:

P-18 AGAIN.

33 MS. CLARK:

THAT GIVES YOU THE PERSPECTIVE. NOW I CAN SHOW YOU WHAT I WAS TALKING ABOUT. HERE IS A BLOODY SHOEPRINT. TO THE LEFT BLOOD DROP. OFF FARTHER, SEE THIS ONE I'M CIRCLING HERE CLOSE UP.

34 MR. FAIRTLOUGH:

P-21.

35 MS. CLARK:

ANOTHER BLOOD DROP. YOU CAN SEE THAT IT IS TO THE LEFT AGAIN OF A BLOODY SHOEPRINT. THAT IS A HEEL YOU ARE LOOKING AT THERE.

36 MR. FAIRTLOUGH:

P-22.

37 MS. CLARK:

AGAIN THIS IS SHOWING YOU ANOTHER BLOOD DROP THAT WAS FOUND GOING DOWN THE STAIRS. I SHOULD EXPLAIN TO YOU, LADIES AND GENTLEMEN, THAT THE WALKWAY GOING FROM THE FRONT OF THE HOUSE TO THE REAR HAS MANY STAIRS GOING UP AND DOWN, SO THERE ARE LANDINGS GOING UP AND DOWN, SO YOU WILL SEE A LOT OF STAIRS ON THIS PATHWAY AND ON THE STAIRS AS WELL I'M CIRCLING HERE, THAT IS A BLOOD DROP. THERE WERE ALSO BLOODY SHOEPRINTS SEEN HERE. I THINK YOU CAN EVEN SEE THIS ONE I'M CIRCLING WITH THE PEN RIGHT NOW.

38 MR. FAIRTLOUGH:

P-2.

39 MS. CLARK:

THAT IS CLOSE UP, THE ONE ON THE STAIRS, BLOOD DROP.

40 MR. FAIRTLOUGH:

P-24.

41 MS. CLARK:

AGAIN NOW, THIS IS AT THE REAR GATE OF THE CONDO. THIS TAG SHOWS ANOTHER BLOOD DROP THAT WAS FOUND CLOSE UP.

42 MR. FAIRTLOUGH:

P-25.

43 MS. CLARK:

AND THERE IT IS AND NOW THE BLOOD DROPS CONTINUED OUT TO THE DRIVEWAY AREA.

44 MR. FAIRTLOUGH:

P-26.

45 MS. CLARK:

THESE MARKERS SHOW CLOSE UP.

46 MR. FAIRTLOUGH:

P-27.

47 MS. CLARK:

YOU SEE HERE THE BLOOD DROP ON THE DRIVEWAY. NOW, THE SHOEPRINTS THAT YOU SAW WERE DETERMINED TO HAVE BEEN MADE BY A SIZE 12 SHOE. THE DEFENDANT WEARS A SIZE 12. THE BLOOD DROPS TO THE LEFT OF THE BLOODY SHOEPRINTS, WHEN THE DEFENDANT RETURNED HOME FROM CHICAGO, HE WAS FOUND TO HAVE HAD A CUT TO THE MIDDLE FINGER OF HIS LEFT HAND.

48 MR. FAIRTLOUGH:

P-35.

49 MS. CLARK:

THE CASE WAS ASSIGNED TO THE ROBBERY/HOMICIDE DIVISION, DETECTIVES PHILIP VANNATTER AND TOM LANGE, THE INVESTIGATING OFFICERS ASSIGNED TO HANDLE THE CASE. THEY ARRIVED AT THE SCENE JUST AFTER 4:00 A.M. AND THEN VIEWED THE CRIME SCENE AND THE EVIDENCE AS I HAVE JUST DESCRIBED IT TO YOU. THEY FOUND THE SAME THINGS THAT OFFICER RISKI FOUND. GIVEN THE FACT THAT THERE WERE TWO YOUNG CHILDREN BEING HELD AT THE STATION PENDING SOME ADULT WHO COULD TAKE CHARGE OF THEM, THEY DETERMINED THAT THEY WOULD GO AND MAKE NOTIFICATION TO THE DEFENDANT. THEY THEN PROCEEDED TO THE DEFENDANT'S HOUSE. NOW, THEY GOT TO THE DEFENDANT'S HOUSE AT APPROXIMATELY 5:00 A.M. AT THAT TIME THEY STARTED TO RING THE ASHFORD GATE AND THEY BUZZED AND THEY BUZZED, BUT THEY GOT NO ANSWER. NOW AT THAT POINT THEY COULD SEE THERE WERE LIGHTS ON IN THE HOUSE, THERE WERE CARS IN THE DRIVEWAY, BUT NO ONE WAS ANSWERING. THEY EVENTUALLY GOT THE DEFENDANT'S HOME PHONE NUMBER, CALLED IT REPEATEDLY, BUT AGAIN THEY GOT NO ANSWER. THEN THE DETECTIVE SAW THE WHITE FORD BRONCO PARKED AT THE ROCKINGHAM GATE.

50 MR. FAIRTLOUGH:

P-30.

51 MS. CLARK:

THIS IS THE POSITION IN WHICH THE BRONCO WAS FOUND JUST TO THE NORTH OF THE ROCKINGHAM GATE AND THAT IS WHAT YOU ARE LOOKING AT HERE. THIS AREA HERE IS THE ROCKINGHAM GATE ENTRANCE TO THE DEFENDANT'S HOME. THIS IS THE LOCATION THAT ALLAN PARK DROVE BY EARLIER THAT NIGHT AT 10:39 AND SAW THAT THERE WAS NO BRONCO THERE AT THAT TIME.

52 MR. FAIRTLOUGH:

P-31.

53 MS. CLARK:

THE DETECTIVE NOTICED THAT THERE WAS A SMALL SPOT OF BLOOD NEAR THE DRIVER'S HANDLE OF THAT DOOR. THE CRIMINALIST IS POINTING TO IT HERE. THAT IS DENNIS FUNG.

54 MR. FAIRTLOUGH:

P-32.

55 MS. CLARK:

THAT IS A CLOSE-UP. YOU CAN SEE HOW SMALL THAT SPOT OF BLOOD IS.

56 MR. FAIRTLOUGH:

P-33.

57 MS. CLARK:

THIS IS TAKEN FROM THE REAR OF THE VEHICLE.

58 MR. FAIRTLOUGH:

P-34.

59 MS. CLARK:

INSIDE THE VEHICLE. THEY SAW -- IN THE REAR CARGO AREA THEY WERE ABLE TO SEE A PACKAGE THAT WAS ADDRESSED TO ORENTHAL PRODUCTIONS. KNOWING THAT THAT WAS THE DEFENDANT'S FIRST NAME, THEY REALIZED THAT THAT WAS PROBABLY HIS CAR. AFTER ALL THEY HAD SEEN AND FAILING TO BE ABLE TO GET ANY ANSWER AT THE DEFENDANT'S HOME, THEY BECAME ALARMED AND THEY DECIDED THEY WOULD ENTER THE PROPERTY TO SEE IF THEY COULD LOCATE SOMEONE OR FIND PERHAPS ANOTHER VICTIM. WHEN THEY WENT IN THEY WENT FIRST TO KATO'S ROOM. THEY KNOCKED ON HIS DOOR AND THEY ASKED HIM IF THERE WAS SOMEONE THERE WHO COULD ASSIST THEM. HE DIRECTED THEM TO ARNELLE WHO WAS RIGHT NEXT DOOR. KATO TOLD THE DETECTIVES ABOUT THE LOUD THUMPS THAT HE HAD HEARD AGAINST THE SOUTH WALL OF HIS RESIDENCE THAT NIGHT AND AT ABOUT BEING WORRIED ABOUT THE SOURCE OF THOSE NOISES. AFTER HE TOLD THEM ABOUT THOSE NOISES INDICATING THAT IT WAS ON THE SOUTH WALL AND IT SEEMED TO COME FROM THE AREA OF HIS AIR CONDITIONER, THE DETECTIVES WENT OUT TO LOOK TO SEE WHAT COULD HAVE CAUSED THOSE NOISES.

60 MR. FAIRTLOUGH:

P-36.

61 MS. CLARK:

AND THIS IS WHERE THEY WENT, THE SAME AREA THAT KATO HAD WALKED TO EARLIER BUT NEVER GOTTEN UP TO BECAUSE HE WAS TOO AFRAID, THE AREA OF THE AIR CONDITIONER. AS THEY APPROACHED THIS AREA, IT WAS VERY DARK. THEY WERE UNABLE TO SEE ANYTHING UNTIL THEY GOT CLOSER.

62 MR. FAIRTLOUGH:

P-37, P-38.

63 MS. CLARK:

AND THERE IS THE GLOVE WHERE IT WAS FOUND IN THE VERY SAME LOCATION IN WHICH IT WAS FOUND THAT NIGHT RIGHT NEXT TO THE AIR CONDITIONER ON THAT NARROW PATH. WHEN THEY SAW THAT GLOVE THEY REALIZED THAT IT LOOKED LIKE THE MATE TO THE GLOVE THAT YOU ALREADY SAW AT THE BUNDY SEEN UNDERNEATH THE PLANT AT THE FOOT OF THE BODY OF RON GOLDMAN. THEY THEN REALIZED THAT PERHAPS THEY NEEDED TO SECURE THE RESIDENCE AND DETECTIVE VANNATTER THEN WALKED OUT OF THIS PATHWAY AND OUT ONTO THE DRIVEWAY.

64 MR. FAIRTLOUGH:

P-40.

65 MS. CLARK:

WHEN HE WALKED OUT ONTO THE DRIVEWAY WHAT DETECTIVE VANNATTER SAW, NOW THAT IT WAS BECOMING LIGHT, IT WAS AT LEAST SIX O'CLOCK IN THE MORNING AT THAT POINT, WERE BLOOD DROPS ON THE DRIVEWAY THAT LED FROM THE BRONCO AND ALL THE WAY INTO THE HOUSE.

66 MR. FAIRTLOUGH:

P-41.

67 MS. CLARK:

AND CLOSE UP.

68 MR. FAIRTLOUGH:

P-42.

69 MS. CLARK:

AND THERE IS THE BLOOD DROP, ONE OF THE BLOOD DROPS THAT WAS SEEN.

70 MR. FAIRTLOUGH:

P-43.

71 MS. CLARK:

THIS IS INSIDE THE HOUSE. THIS IS RIGHT INSIDE THE FRONT DOOR IN THE FOYER AREA. THERE WERE A SERIES OF THREE BLOOD DROPS HERE CLOSE UP.

72 MR. FAIRTLOUGH:

P-44.

73 MS. CLARK:

YOU CAN SEE THEM HERE. I'M CIRCLING THEM. HAVING SEEN ALL OF THIS, THE DETECTIVE THEN REALIZED THAT THIS WAS NOT JUST AN OCCASION TO MAKE NOTIFICATION, THAT IN FACT THEY HAD UNCOVERED EVIDENCE THAT INDICATED THAT THE DEFENDANT HAD COMMITTED THESE MURDERS. THEY SECURED THE HOME AND PREPARED TO CONDUCT A SEARCH. CRIMINALIST DENNIS FUNG ARRIVED AT ROCKINGHAM AT ABOUT 7:00 A.M. WHERE HE BEGAN TO TEST ALL OF THE BLOOD DROPS THEY HAD FOUND. HE TESTED THE BRONCO AND THEN HE TESTED THE DROPS ON THE DRIVEWAY, DETERMINED THAT THE DROPS ON THE DRIVEWAY WERE INDEED BLOOD, THEN HE WENT TO TEST THE GLOVE AND FOUND THAT IT, TOO, CONTAINED BLOOD. A SEARCH OF THE HOUSE INSIDE THE HOUSE REVEALED, AMONG OTHER THINGS, A PAIR OF RUMPLED SOCKS AT THE FOOT OF THE DEFENDANT'S BED IN HIS BEDROOM.

74 MR. FAIRTLOUGH:

P-45.

75 MS. CLARK:

YOU SEE THERE THE SOCK THAT I JUST SPOKE OF. THIS IS EXACTLY WHERE THEY WERE FOUND IN THAT CONDITION.

76 MR. FAIRTLOUGH:

P-46.

77 MS. CLARK:

CLOSE UP. THOSE SOCKS WERE COLLECTED, AND ALONG AS WITH MANY OTHER ITEMS, AND SUBMITTED FOR ANALYSIS. NOW, THE DEFENDANT'S BRONCO -- THE DEFENDANT'S BRONCO THAT YOU EARLIER SAW ON ROCKINGHAM PROVED TO BE LOCKED. THEY COULDN'T FIND ANY OPINION KEYS FOR IT, THEY COULDN'T GET INTO IT, SO IT WAS TOWED IN A LOCKED CONDITION TO THE PRINT SHED, WHICH IS AN AREA WHERE THE POLICE KEEP LARGE ITEMS THAT NEED TO BE FINGERPRINTED, WHERE THEY CAN KEEP IT LOCKED UP. THEY TOWED IT TO THE PRINT SHED AND DID NOT OPEN IT UNTIL THE 14TH WHEN THEY OPENED IT BY USE OF A SLIMJIM.

YOU WILL PROBABLY HEAR SOME DISCUSSION OF THINGS THAT OCCURRED WITH THAT BRONCO AFTER THE 15TH AND THEY MAY BE INTERESTING, BUT THEY HAVE NOTHING TO DO WITH THE EVIDENCE THAT WAS RECOVERED ON THE 14TH. AND A SEARCH FOR BLOOD WAS CONDUCTED OF THAT BRONCO ON JUNE THE 14TH. THOSE ITEMS WERE RECOVERED. THE BLOOD WAS COLLECTED AND IT WAS ANALYZED AND THOSE ITEMS THAT WE WILL BE TALKING ABOUT TODAY THAT WERE ANALYZED WERE RECOVERED FROM THE BRONCO ON JUNE THE 14TH. NOW, ALL OF THE ITEMS I HAVE JUST SHOWN YOU WERE COLLECTED AND SUBMITTED FOR EXAMINATION AND ANALYSIS, AND WHAT YOU HAVE HERE IS A TRAIL OF BLOOD FROM BUNDY DRIVE TO ROCKINGHAM AVENUE AND INTO THE DEFENDANT'S VERY BEDROOM LINKED BY THE DEFENDANT'S WHITE FORD BRONCO. I'M NOT GOING TO GO INTO THE DETAILS RIGHT NOW WITH YOU, LADIES AND GENTLEMEN, ABOUT THE MANNER IN WHICH EVIDENCE WAS COLLECTED OR THE MANNER IN WHICH IT WAS ALL ANALYZED, WE HAVE EXPERTS FOR THAT, BUT I DO WANT TO MAKE SOME GENERAL COMMENTS IN ORDER TO POINT OUT A FEW THINGS RIGHT NOW JUST TO DISPEL ANY MISCONCEPTION ANYONE MIGHT HAVE ABOUT EVIDENCE COLLECTION AND ANALYSIS. FIRST OF ALL, COLLECTING BLOOD STAINS IS A VERY SIMPLE THING, YOU OR I COULD DO IT, AND I TELL YOU THIS BECAUSE I'M NOT THAT GOOD MECHANICALLY OR SCIENTIFICALLY, BUT EVEN I COULD DO IT. WHAT YOU DO IS YOU TAKE A VERY SMALL SQUARE OF COTTON AND YOU PUT DISTILLED WATER ON IT AND YOU SOAK UP THE STAIN. THERE IS NO MAGIC. ANYONE CAN DO IT. IT IS JUST LIKE YOU WOULD GO AND SOAK UP A SPILL IN YOUR KITCHEN; NOT VERY DIFFERENT. NOW, MANY LABORATORIES OR MANY POLICE AGENCIES USE LAB TECHNICIANS FOR THAT, YOU KNOW, PEOPLE THAT DON'T HAVE A BACHELOR'S OF SCIENCE OR ANY PARTICULAR DEGREE OF CRIMINALISTICS OR FORENSICS. FORENSICS IS A SCIENCE OF CRIME ANALYSIS OR INVESTIGATION. MANY OF THEM DON'T USE ANYONE FOR THAT, BUT LAPD DOES. LAPD USES CRIMINALISTS WHO ARE PEOPLE WHO HAVE BACHELOR OF SCIENCE DEGREES IN FORENSIC SCIENCE, THE SCIENCE OF CRIME SCENE ANALYSIS, SO THEY ACTUALLY USE PEOPLE WHO ARE OVERQUALIFIED FOR THE JOB. AN ISSUE IN THIS CASE WILL BE THE TESTIMONY OF THE CORONER. I KNOW SOME OF US HAVE SEEN ANYWAY QUINCY, JACK KLUGMAN ON TELEVISION. HE GOES OUT TO INVESTIGATE THE CRIME AND HE FINDS OUT WHO DID IT, AND IN THE GENERAL COURSE OF THINGS, ALTHOUGH THERE IS A CORONER'S INVESTIGATOR, THAT INVESTIGATOR IS JUST RESPONSIBLE FOR COLLECTING THE BODY FROM THE SCENE AND GETTING IT TO THE CORONER'S OFFICE INTACT. WHAT THE CORONER DOES IS THE CORONER LOOKS AT THE BODY TO DETERMINE CAUSE OF DEATH.

LADIES AND GENTLEMEN, I CAN GUARANTEE YOU ONE THING IN THIS TRIAL, THERE WILL BE NO DISPUTE AS TO CAUSE OF DEATH. NO ONE WILL ARGUE ABOUT WHAT THE CAUSE OF DEATH WAS FOR RON GOLDMAN AND NICOLE BROWN. THE ISSUE THAT WILL BE RAISED IS THE TIME OF DEATH. NOW, WHAT CAN A CORONER DO FOR YOU WITH RESPECT TO TIME OF DEATH? THE CORONER CAN NEVER REALLY BE THAT PRECISE. A CORONER CAN TELL YOU JUST BASED ON HIS EXAMINATION OF THE BODY, CAN USUALLY BRING IT DOWN TO A RANGE OF WITHIN THREE HOURS, BETWEEN 9:00 AND MIDNIGHT, BETWEEN MIDNIGHT AND 3:00, BUT IF YOU WANT TO PINPOINT THE TIME TO WITHIN A MINUTE, TEN MINUTES, A HALF HOUR OR EVEN AN HOUR OR TWO HOURS, A CORONER SOLELY BY HIS EXAMINATION OF THE BODY CANNOT DO IT. WE ALWAYS HAVE TO -- AND THAT IS TRUE IN ANY CASE, IN ANY CASE. WE ALWAYS HAVE TO RELY ON THE TESTIMONY OF OTHER WITNESSES, WITNESSES WHO WILL TELL YOU WHEN THE VICTIMS MADE A PHONE CALL OR WHEN THEY HEARD THE VICTIM LEAVING THE HOUSE OR WHEN THEY LAST SAW THE VICTIM. DOGS BARKING, THE KIND OF EVIDENCE I JUST TALKED TO YOU ABOUT, IS OFTEN WHAT IS USED IF YOU WANT TO TRY AND REALLY PINPOINT THE TIME BECAUSE THE CORONER CANNOT PINPOINT IT TO WITHIN MINUTES OR EVEN AN HOUR REALLY INY ANY CASE.

NOW, BEFORE I GET INTO THE ANALYSIS OF EVIDENCE, I WOULD LIKE TO TALK TO YOU A LITTLE BIT ABOUT WHAT SCIENTISTS AND CRIMINALISTS LOOK FOR NOWADAYS WHEN THEY EXAMINE THE EVIDENCE. WE'VE MADE TREMENDOUS STRIDES IN MANY AREAS. IN GENERAL, IN ORDER TO BE ABLE TO SOLVE CRIMES, THE POLICE HAVE TO STAY AT LEAST ONE STEP AHEAD OF THE CRIMINALS. THAT MEANS THAT THEY HAVE TO LOOK FOR EVIDENCE IN PLACES AND IN WAYS THAT CRIMINALS WILL NOT HAVE THOUGHT OF. FOR EXAMPLE, WHEN IT BECAME KNOWN THAT YOU COULD MATCH FINGERPRINTS, CRIMINALS WORE GLOVES. WHEN IT BECAME KNOWN THAT A BULLET REMOVED FROM THE BODY OF A VICTIM COULD BE MATCHED TO THE GUN THAT FIRED THE BULLET, THEY STARTED TO DISPOSE OF WEAPONS OR TO USE WEAPONS THAT COULD BE EASILY DISPOSED OF OTHER THAN GUNS, AND NOWADAYS IT IS VERY COMMON TO FIND CASES WHERE NO MURDER WEAPON IS RECOVERED BECAUSE THEY ARE SMART ENOUGH TO GET RID OF THOSE WEAPONS. SO NOT ALL CRIMINALS FIGURED THIS OUT, BUT THE SMART ONES DID, SO WE LOOK AT BLOOD, FOR EXAMPLE. WE TEST IT FOR DNA. WE LOOK AT HAIR AND FIBER. WE EXAMINE IT MICROSCOPICALLY COMPARING IT TO THE VICTIMS AND TO THE SUSPECTS TO SEE IF WE CAN EXCLUDE THEM OR IF IT IS CONSISTENT WITH THEM. NOW, IN PARTICULAR, THE VALUE OF HAIR AND FIBER IS A VERY UNIQUE THING. THE REASON FOR THAT IS THAT THROUGH YOUR DAILY LIFE YOU WALK AROUND, YOU SHED HAIR, YOU SHED FIBER, YOU PICK UP HAIR, YOU PICK UP FIBER, AND YOU ARE NOT AWARE OF IT, IT GOES UNNOTICED, AND IT IS AN INVOLUNTARY THING AND IT HAPPENS CONSTANTLY THROUGH THE DAY. THERE IS A VERY FANCY TERM FOR THIS AND IT IS CALLED THE LOCAR EXCHANGE PRINCIPLE. YOU DON'T HAVE TO REMEMBER THAT BECAUSE ALL IT REALLY SAYS IS WHEN YOU GO INTO A PLACE THE ENVIRONMENT AFFECTS YOU AND YOU AFFECT THE ENVIRONMENT AND THAT IS JUST WHAT I SAID. YOU LEAVE HAIR AND FIBERS AND YOU PICK UP HAIR AND FIBERS. SAY, FOR EXAMPLE, IF YOU HAVE A RED COUCH, AN EXPERT CAN LOOK AT YOUR CLOTHING AND FIND THE RED FIBERS AND LOOK AT THEM UNDER A MICROSCOPE AND SAY, FIRST OF ALL, YOU ARE NEAR SOMETHING WITH RED FIBERS, AND IF HE HAS ACCESS WITH THAT COUCH, CAN EXAMINE IT AND SEE THAT THEY ARE CONSISTENT, THAT IS, THAT THEY COULD HAVE HAD THE SAME SOURCE. WHAT THE VALUE OF THIS IS THAT IT SHOWS CONTACT, IT SHOWS WHERE ITEMS OF EVIDENCE MIGHT HAVE BEEN, IT SHOWS WHO MIGHT HAVE BEEN IN A GIVEN LOCATION AND WHO CAME INTO CONTACT WITH WHO. BECAUSE YOU FIND HAIR AND FIBER SO OFTEN IN A CRIME SCENE BECAUSE OF THE SHEDDING GOES UNNOTICED, THIS CAN BE A VERY GREAT VALUE IN SOLVING CRIMES. SO EVERY CRIME SCENE AND EVERY PIECE OF EVIDENCE HAS VALUE IN TERMS OF BEING ABLE TO HELP YOU SOLVE THE CASE. NOW, WITH RESPECT TO BLOOD EVIDENCE, AS YOU KNOW, WE'VE MADE ENORMOUS STRIDES. WE HAVE ADVANCED OUR ABILITY TO EXTRACT INFORMATION FROM BLOOD WITH THE DEVELOPMENT OF DNA TESTING. THIS ALLOWS US TO BE FAR MORE PRECISE IN PINPOINTING THE POSSIBLE SOURCE OF A BLOOD STAIN. AND WE CAN ALSO HAVE THEN THE EXPERTS TELL US HOW RARE IT IS THAT YOU HAVE A BLOOD STAIN MATCHED TO THE TYPE OF A PARTICULAR PERSON. I'M NOT GOING TO GO INTO THE DETAILS OF ALL THAT TESTING, I'M GOING TO LET THE EXPERTS TALK TO YOU ABOUT THAT WHEN THEY COME IN AND TESTIFY, BUT THEY WILL. THEY WILL COME IN AND TELL YOU ABOUT ALL OF THE PROCESSES AND THEY WILL EXPLAIN HOW RARE IT IS TO FIND A MATCH BETWEEN A BLOOD SPOT IN A PLACE AND A PARTICULAR PERSON. NOW, THE DEFENSE IS GOING TO SPEAK TO YOU AT LENGTH ABOUT CONTAMINATION AND ALL THE PROBLEMS THAT COULD ENSUE IN THE TESTING, BUT I WILL SIMPLY SAY THIS AT THIS POINT: THERE ARE SAFEGUARDS BUILT INTO THE DNA TESTS THAT YOU WILL HEAR ABOUT AND THESE SAFEGUARDS WILL SHOW WHEN PROBLEMS OCCUR. THIS IS ONE OF THE REASONS WHY DNA TESTING IS SO RELIABLE. AND YOU WILL SEE THAT IN THIS CASE WE HAVE MANY BLOOD STAINS, AS YOU'VE ALREADY SEEN, NOT JUST ONE. YOU MIGHT QUESTION IT IF ONLY ONE OF MANY BLOOD STAINS CAME BACK TO A SUSPECT, BUT WHEN ONE AFTER ANOTHER AFTER ANOTHER AFTER ANOTHER MATCHES THE SAME PERSON, THEN YOU REALIZE THAT THE TESTING IS ACCURATE, THAT IT WORKS, AND THAT IF THERE WAS CONTAMINATION IT WOULDN'T KEEP COMING BACK TO ONE PERSON; IT JUST WOULDN'T COME BACK AT ALL. AND ALTHOUGH WE ARE TALKING ABOUT SCIENCE, AND SOMETIMES JUST SAYING THAT WORD CAN MAKE US UNCOMFORTABLE, ALL YOU ARE GOING TO NEED IS COMMON SENSE AND LOGIC TO FOLLOW THIS EVIDENCE. THAT IS ALL YOU WILL NEED. NOW, DNA TESTING IS NOT ONLY USED TO SOLVE CRIMES, IT HAS MANY OTHER PURPOSES AS WELL. SOME OF YOU TALKED ABOUT JURASSIC PARK AND THEY USED DNA TO MAKE DINOSAURS, BUT THERE ARE OTHER MORE COMMON USES FOR IT AS WELL. FOR EXAMPLE, IT IS USED IN AMNIOCENTESIS. WE TALKED ABOUT THAT IN YOUR QUESTIONNAIRE AND WE TALKED TO YOU DURING YOUR VOIR DIRE PROCESS, IF YOU RECALL. THAT IS THE PROCESS WHERE YOU DETERMINE WHETHER A FETUS MAY HAVE A GENETIC DEFECT. MOST OF YOU ARE FAMILIAR WITH THAT EITHER BY FIRST OR SECONDHAND EXPERIENCE. AND WHAT HAPPENS IN THAT PROCESS IS THAT FLUID IS EXTRACTED FROM THE MOTHER'S STOMACH, FROM THE SAC, AND THAT IS AMNIOTIC FLUID, THAT IS THE FLUID THAT THE BABY FLOATS IN TO PROTECT IT, THEY ANALYZE THAT FLUID TO SEE IF THE BABY HAS A GENETIC DEFECT. NOW, THAT PROCEDURE HAS MANY OF THE SAME PROBLEMS --

78 MR. COCHRAN:

MAY WE APPROACH JUST A MINUTE?

79 THE COURT:

YES. WITH THE REPORTER, PLEASE.

80 MR. HODGMAN:

YOUR HONOR, WHILE COUNSEL IS APPROACHING SIDE BAR, IF WE COULD MAKE TAKE A LITTLE STRETCH BREAK AND JUST STAND UP.

Temperature

devastating

Key Quotes (4)

Marcia Clark
WHAT YOU HAVE HERE IS A TRAIL OF BLOOD FROM BUNDY DRIVE TO ROCKINGHAM AVENUE AND INTO THE DEFENDANT'S VERY BEDROOM LINKED BY THE DEFENDANT'S WHITE FORD BRONCO.
The single most damning line of the session — Clark's thesis statement for the physical evidence case, delivered after walking the jury step-by-step through every blood drop.
Marcia Clark
THE SHOEPRINTS THAT YOU SAW WERE DETERMINED TO HAVE BEEN MADE BY A SIZE 12 SHOE. THE DEFENDANT WEARS A SIZE 12. THE BLOOD DROPS TO THE LEFT OF THE BLOODY SHOEPRINTS, WHEN THE DEFENDANT RETURNED HOME FROM CHICAGO, HE WAS FOUND TO HAVE HAD A CUT TO THE MIDDLE FINGER OF HIS LEFT HAND.
Directly connects OJ to the crime scene through shoe size and the wound on his left hand, explaining why blood drops appeared to the left of the shoeprints.
Marcia Clark
WHEN ONE AFTER ANOTHER AFTER ANOTHER AFTER ANOTHER MATCHES THE SAME PERSON, THEN YOU REALIZE THAT THE TESTING IS ACCURATE, THAT IT WORKS, AND THAT IF THERE WAS CONTAMINATION IT WOULDN'T KEEP COMING BACK TO ONE PERSON; IT JUST WOULDN'T COME BACK AT ALL.
Pre-emptive rebuttal of anticipated defense contamination arguments — Clark inoculates the jury against the defense's core forensic attack before it is made.
Marcia Clark
THEY WERE TAKEN QUICKLY OUT OF THE CONDO OUT THROUGH THE REAR TO AVOID THE HIDEOUS SIGHT IN FRONT OF THEIR HOUSE.
The only moment of explicit emotional weight in an otherwise methodical presentation — Nicole's children, asleep upstairs while their mother lay murdered outside.

Evidence (15)

People's P-12
Crime scene photo looking down at ski cap and glove beneath plant near Ron Goldman's body
displayed to jury
People's P-13
Close-up of glove and ski cap under plant with bloody shoeprint visible
displayed to jury
People's P-14
Closer shot showing bloody shoeprint near ski cap and glove, establishing visibility conditions at night
displayed to jury
People's P-15 through P-27
Series of photographs showing single trail of bloody shoeprints and blood drops from Bundy front gate down walkway, through rear gate, and into driveway
displayed sequentially to jury
People's P-30
White Ford Bronco parked just north of Rockingham gate
displayed to jury
People's P-31 through P-32
Small spot of blood near driver's door handle of Bronco; Dennis Fung pointing to it
displayed to jury
+ 9 more

Notable Exchanges (2)

Lance A. ItoMarcia Clark
Judge repeatedly turns the courtroom video feed on and off throughout the crime scene photo presentation, managing what the public sees versus what the jury sees. Clark coordinates with Ito and technician Fairtlough to sequence each exhibit.
procedural
Johnnie CochranLance A. Ito
Cochran requests an approach at sidebar just as Clark begins explaining DNA testing through the amniocentesis analogy — the session ends mid-sentence. Hodgman simultaneously asks Ito if the jury can take a stretch break during the sidebar.
strategic

Light Moments (3)

Marcia Clark
Clark invokes the TV show Quincy (Jack Klugman) to explain what a coroner actually does versus the dramatized version, acknowledging 'I know some of us have seen anyway Quincy' before correcting public misconceptions about time-of-death testimony.
Marcia Clark
Clark references Jurassic Park — noting that jurors had discussed it during voir dire — to humanize DNA testing before pivoting to more common medical applications like amniocentesis.
Marcia Clark
Clark disarms the jury's potential intimidation about forensic science with self-deprecating humor: 'I tell you this because I'm not that good mechanically or scientifically, but even I could do it' — referring to collecting blood stains with a cotton swab.

Credibility Attacks (1)

⚔ LAPD criminalists / DNA testing generally
pre-emptive rehabilitation
Clark anticipates and preemptively neutralizes the defense's contamination argument, arguing that repeated matches to a single person across multiple independent samples proves accuracy rather than contamination — 'if there was contamination it wouldn't keep coming back to one person; it just wouldn't come back at all.'

Objections

None recorded
Proceeding 4474 • 80 utterances • Prosecution
Criminal Trial
Department 103
⚖️ Start
📂 JAN 24, 1995 📄 Opening statement — Marcia Cla
JAN 24, 1995 KRT DvH TD