Simpson II: The Civil Case
by Larry Elder


"It's simple--different judge, different jury, different lawyers, different evidence, different day. The plaintiffs saw our tapes, had the luxury of watching a practice run. They didn't make the same mistakes we did."
-Christopher Darden.

Tempting. This make-nice explanation for the different jury verdicts. After all, the civil jury heard evidence the criminal jury didn't, and awarded the plaintiffs over thirty million dollars in compensatory and punitive damages.
 
Following the Simpson II verdict, several pundits reconciled the verdicts on the basis of different "perceptions" in the black and white communities. After all, black people feel differently about justice, thus, the black reaction. Whites, stubbornly obtuse to "rampant racism," viewed the case another way. So the criminal and civil verdicts don't clash. It's merely a matter of different "perceptions."
Sorry. First, some Simpson II jurors said the evidence exceeded the criminal standard--beyond a reasonable doubt. Second, the sole black juror (an alternate) still thought the evidence planted, and talked of a "set-up." Different "perceptions"?
 
Look at it this way. Suppose someone drew a 6-inch line on a blank sheet of paper and asked you to identify the line's length. You correctly guess "6 inches." The guy next to you, however, says "2 inches." A "reconciled" estimate of the different "perceptions" is 4 inches. Does that suddenly make the line 2 inches shorter?
 
Certainly, people perceive things differently. But are there different truths, different facts? No, O.J. Simpson struts about chipping golf balls rather than sitting on Death Row, because the predominantly black jury distrusted the police. This jury bought the worst possible, most fanciful theories of police officers in black hats. Thank the race-card playing "dream team."
 
Consider the Simpson II verdict reaction from Missy, a black young lady in an Orange County beauty parlor. She attributed the civil verdict to "prejudices" held by whites who don't like blacks. Missy, by the way, is nine years old. Get it? Abraham Lincoln, Clarence Darrow, and Daniel Webster could have tried this case for the prosecution. If downtown, they lose.
 
Examine the remarks made by the sole black juror. Not only did she feel the police planted evidence, but she called the trial a "set-up" from the beginning, implying racism kept her from sitting in the jury. And, for good measure, she called the Browns and Goldmans "bullies" for pursuing this action in the first place!
This juror also questioned the credibility of the new 30-plus photographs of O. J. Simpson wearing Bruno Maglis. Note the Simpson defense team put on evidence challenging but one of those photos. They had no expert witnesses to question the validity of the other 30-plus photos! Nevertheless, the black alternate juror thought them bogus.
 
Remember, this juror also heard Mr. Simpson's deposition, the police statement, as well as his in-court testimony--all of which contained lies and inconsistencies. Still, the juror remained convinced of a police conspiracy.
 
No, Mr. Darden, for whom I have tremendous respect, got it wrong. In fact, he's harder on himself than necessary. This was not a matter of a "different day." This was a matter of a different jury.
One that actually considered the evidence. Refreshing, isn't it?

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