American Crime Story, The People Vs. O.J. Simpson, Episode 4, 100% Not Guilty

This week’s installment hones in on the preliminary hearing and jury selection of the “trial of the century.” (Which for some reason, Murphy and Company have to repeat every hour.) The defense and prosecution strategies are laid out, and have very different views of what kind of jury will help them win their case.  The media circus continues with lawyers calling press conferences and Nicole’s “friend” Faye Resnick cashing in with the first book regarding the Simpson case.  It’s a depressingly familiar pattern that persists with high profile crimes today.  A little note on semantics, since the series is based in the ‘90’s “black” was the common term for African-Americans.  I will use the term as it’s used in the series.

Well-dressed people dance in a club to the ubiquitous ‘90’s hit “Everybody Dance.” O.J. moves through the crowd with Nicole behind the velvet rope to the VIP section of the club. In reality, O.J. stares down at his prison dinner before smashing his tray against the wall in frustration.

In a corporate law office, the defense team gathers sheparded by Robert Shapiro inviting everyone to enjoy the “lox and whitefish.”  Shapiro begins the meeting with a shocking question, “Who here thinks O.J. is guilty?”  The room becomes quiet, Shapiro continues, “Me neither, let’s begin!”  F. Lee Bailey begins with a discussion about the “downtown jury.”  Johnnie Cochran informs the group black men view O.J. favorably but black woman dislike him because he married a white woman. Shapiro says to Cochran, “You know how these people think.”  Shapiro seems unaware of his gaff, but Cochran warns him to watch his tone.  Shapiro moves on and emphasizes everything the prosecution says; the defense team will challenge it down to Marsha Clark’s request to use the restroom.  This is definitely a room full of misogynists.

At the first preliminary hearing the prosecution requests a hair sample from Mr. Simpson.  Johnnie Cochran refuses this standard request.  They continue to haggle for Simpson’s hair like they are at an auction.  Finally, the defense requests and is granted a special hearing regarding the hair sample.  Confusion and delay is the name of the game.

O.J. summoned from his cell for a visitor.  Simpson is upset to find Cochran without his best friend Robert Kardashian.  O.J. begins a litany of complaints about the prison toilet and food. His chief complaint is “Everyone thinks I’m guilty!” Cochran begins a rambling pep talk to the former NFL star.  He references a difficult period in his life when watching Simpson play football inspired him to keep on going. (It seems a little too sweet to be true; Cochran is a master of manipulation.) Cochran tells O.J., “My self pity stopped that day.”  Cochran completes his pep talk by saying, “Get up, this is the run of you’re life.” (“Run of His Life” is the name of the book the series is based on.)

Judge Ito (Sons of Anarchy’s Kenneth Choi) is dressed casually in a tracksuit as he reviews documents in his chambers.  He speaks to a uniformed female officer we learn is his wife Margaret who holds the rank of Capitan.  He informs her he has been selected to her the Simpson case.  The couple embraces and Ito tells her he was selected because of his “integrity and strong backbone.”  He presents her with a “Spousal Conflict Form.”  She lingers on one name listed on the form, Detective Mark Furhman.  She signs the form but this detail will likely be important later.

The plea hearing is held with both the Simpson and Brown and Goldman families in attendance.  Judge Ito addresses Simpson and asks for his plea to the charges against him.  Simpson confidently replies, “One hundred percent not guilty.”  This causes smiles on the defense side and utter disbelief for the victim’s families.

F. Lee Bailey and Shapiro meet in private to discuss Johnnie Cochran’s influence of their client.  Bailey thinks Cochran is “planting ideas into his head.”  Shapiro exclaims the case isn’t winnable and their job is to make the plea deal more palatable.”  Lee is upset that he’s being paid for his services and highlights the famous cases he’s tried including Sam Shepard and Patty Hearst.  Shapiro counters, “You’ll dine out on this for the rest of your life.”  Bailey is not impressed, “At least Patty Hearst paid!” (Ah, back when the Hearst’s ruled the world.)

Faye Resnick to a few questionable reporters about the “spiritual void” she has felt since Nicole’s death.  She claims Nicole contacted her through a psychic and told her to write a book.  Faye confesses she has a problem with cocaine but is working on it. Faye continues to reveal Nicole had breast implants, which O.J. paid for, but she enjoyed having them.  Resnick says Nicole was promiscuous and engaged in an activity called a “Brentwood hello” which she describes giving unsuspecting males fellatio.  The men are eager to hear more and declare, “We’re going to sell a lot of books!”

Christopher Darden is working on the A.C. Cowling case.  He has discovered O.J. may have been planning to leave the country and had taken a large sum of cash, disguises and his passport on his famous Bronco ride.  As he speaks, he notices the Goldman family has come to see Marsha Clark.

Clark greets the Goldman’s.  Marsh begins by saying, “I know what you’re going through.”  The comment enrages Fred Goldman who vents his frustration at the media for focusing all their attention on O.J. and Nicole.  Fred states, “My son is a footnote to his own murder!”  Fred is frustrated how the press has reduced Ron to a superficial cliché, “male model and club promoter.”  Mr. Goldman emphasizes his son was a good man, who volunteered with disabled children and didn’t drink or use drugs.  “Never in my worst nightmare could I have imagined this.”  He asks Clark whether she has children and she confirms she has two sons.  Fred tells her, “I pray you never have to read the autopsy report on your own child.”  The distraught father explains the sheer viciousness of Ron’s death, stating he was stabbed multiple times and the murderer continued to stab him after he was dead.  Marsha is sobered and vows, “We are going to get him.”  Fred looks her in the eye and replies, “You better!”

Bill Hodgeman brainstorms the circumstances surrounding the murders.  He theorizes if O.J. was “lying in wait” the state could pursue “special circumstances” which may lead to a death penalty case.  Clark enters hot from her meeting with the Goldman’s.  She agrees they should pursue the death penalty.  Gil Garcetti disagrees, “We can’t kill O.J., we can’t even kill Charles Manson.” (Manson originally was sentenced to death, had his sentence converted to life in prison when California abolished the death penalty. Later, the death penalty was re-established but Manson and approximately seven hundred others are still waiting on death row at San Quentin. )

Garcetti has brought in a jury expert named Vinson. Clark doesn’t feel she needs assistance with jury selection.  Clark states she is confident black women with empathize with Nicole as an abused woman.  Her opinion is opposite of what the defense has discovered regarding black women’s feelings toward Mr. Simpson.

Vinson hosts a focus group to survey attitudes regarding the case.  Most blacks in the group think O.J. is innocent while whites feel Mr. Simpson is guilty.  Vinson shows a clip of Marsha Clark during the preliminary hearing.  A white woman raises her hand and opines, “She seems like a bitch.”  Others in the group agree with her and criticize her hair and wardrobe and that she seems like a “know it all.”  Both men and women harbor these blatantly sexist opinions.

Vincent presents his results to Clark.  She is understandably hurt and defensive.  She feels like black women like her.  Vinson advises her to limit their number on the jury.  He also suggests Clark “wear skirts and get a new hairdo.”

The defense is busy doing their jury research.  They’ve learned people feel more sympathy for O.J. then Nicole especially black woman who find him “charming and handsome.” The same women characterize Nicole as a “gold digger.” Robert Kardashian is upset by these comments because he knew Nicole well and knew that she loved O.J.

Faye Resnick dictates her story to Mike Walker, a “journalist” from the National Enquirer.  She continues to detail Nicole’s sexual relationship with her ex-husband. She alleges Nicole would sleep with other men and O.J. would watch her through a window.  She characterizes the couple as the “most un-divorced divorced couple.”

Clark is working late at the office.  The potential jury pool may become a world record with over nine hundred people to choose from.  Christopher Darden approaches Clark about his progress on the A.C. Cowling case.  She informs him that Garcetti wants to drop the case against A.C. to focus on the Simpson murder trial. She offers Darden a drink from her personal work stash.  After a shot or two they discuss how people are scrambling to be on the jury.  The questionnaire has grown to over two hundred questions.  Clark looks at Darden and asks, “You know what O.J.’s biggest problem is?”  Darden responds, “He did it?”  Clark laughs but says she feels his biggest problem is the egos of the attorneys on his “dream team.”  She predicts the men will tear each other apart in order to dominate the spotlight. Darden advises her not to underestimate Johnnie Cochran.  He notes Cochran has an 8/10 rating amongst potential jurors while Clark’s rating is 4/10.  This information is hurtful to Marsha but she asks Darden, “What am on not seeing?” Darden states people in the community see Cochran as their advocate; they find him real and relatable.  Again Darden reminds Clark not to underestimate Cochran.

F. Lee Bailey and Johnnie Cochran meet privately to discuss Robert Shapiro.  Bailey cautions Cochran that Shapiro is “not right for the case.” Bailey doesn’t want Shapiro to settle the case out of court.  He encourages Cochran to “make a move.”

The jury selection begins.  Long lines of people file into court. Both defense and prosecution are present as is the defendant.  Judge Ito presides.  Shapiro complains to Cochran the prosecution is dismissing too many blacks and thinks they should hold a press conference but Cochran should speak because of his race.  There is an awkward silence and then Shapiro states he’ll do the press conference.

Johnnie has another plan.  He gets his shoes shined and the media swarms around him to interview him about the jury selection.  This ploy works to steal the spotlight from Shapiro’s press conference.

The press reports about the unfair dismissal of potential black jurors.  Clark states she isn’t worried about the accusation because it’s not true.  Garcetti sees it differently, if the public perceives a bias they have a problem.  He theorizes they need a black attorney on the State’s team.  Clark suggests Darden.

O.J. is visited in prison by his defense team.  He laments his continued incarceration and wonders if he’ll be out to take his kids “Trick or treating” for Halloween. (He seems incapable of seeing the big picture.)

The Faye Resnick book is published.  Judge Ito calls the state and defense attorneys in for an emergency meeting.  Ito states he’s deeply troubled by the book. Shapiro jumps at the chance to suspend the jury selection. (Keeping with their strategy of confusion and delay.) All parties read the tabloid book; Ito highlights and takes notes in his copy.  Robert Kardashian shares the book with O.J. who denies Faye’s allegations about Nicole including that he forced her to get six abortions.

Resnick is an instant celebrity for profiting of her murdered friend.  She appears on “Larry King Live.”  She tells the crusty host, “I hope Ito is a better judge then book critic.”  She claims she wrote the book to help other women escape from domestic violence.

Judge Ito moves to resume jury selection despite Shapiro’s protests.  Clark accuses the defense of instigating the “media circus” and playing the “race card.”  Shapiro is despondent, “How dare they!”  Johnnie Cochran takes the accusation in stride.  He states “O.J. is a black man accused of murder in America, if that’s the race card, so be it!”  Outside the meeting, Shapiro is upset with Cochran for undermining his position in the meeting.  The struggle for dominance continues to affect the proceedings. 

It’s F. Lee Bailey’s turn to go on Larry King.  The attorney denies the allegations of defense in fighting.  Bailey goes on to note all the unflattering things that are said about Shapiro, but states Shapiro is the head of the defense team.  Shapiro watches the interview from home and is upset by the underhanded comments.

The jury selection winds down.  Shapiro’s goal is to seat five black women. Hodgeman whispers to Clark that he’d like one more white man on the jury.  Clark urges Hodgeman to “trust them” and seat the last juror, a black woman.  The defense readily agrees to the jury believing it to be in their favor.  O.J. whispers to Cochran, “If these people convict me maybe I did do it!”

The defense has gathered for a conference call with their client.  They are happy to inform O.J. his neighbor’s maid will testify she saw O.J.’s white Bronco at 10:15pm, which would punch a large hole in the prosecution’s timeline.  Shapiro enters the meeting with a bold proposal.  He wants O.J. to cut a deal on a manslaughter charge. Shapiro concocts a narrative that O.J. followed Nicole home from the restaurant, upset and intent on slashing her tires.  They argued and the presence of Ron enraged him and he committed the murders in the heat of passion.  The room and the phone line go silent.  Robert Kardashian and Cochran stare at Shapiro. Kardashian breaks the silence by asking, “So when do we meet the maid?”  Shapiro seems woefully out of touch with the will of his client and the rest of the team.

Shapiro is leaving for a weekend trip to Hawaii.  His wife notes there are allegations Nicole went to a shelter for battered women five days before the murders.  This coupled with the 911 calls are especially damning.  His wife complains how the case has alienated her friends.  She begs her husband to quit because O.J. is guilty. Shapiro fires back, “You think I don’t know that?”  His wife asks, “Do you think there will be more riots?”

Clark meets with Darden and offers him a seat at the prosecution table.  Darden happily accepts.

O.J. meets with his good friend Kardashian.  O.J. is puzzled how the media has turned on him.  Kardashian advises him to make Johnnie Cochran the lead attorney.

Shapiro returns from his quick vacation still wearing a Hawaiian shirt.  He is troubled to learn all of his case files on the Simpson case have been moved to Cochran’s office.  The New York Daily News, a tabloid, publishes an article reporting Shapiro has been fired from the “dream team.”

Shapiro joins a defense team meeting with O.J. on the phone.  He’s livid at the team for taking his files.  Bailey speaks to O.J. using football analogies comparing the trial to a game.  Bailey encourages O.J. to let Cochran make the opening statements because he can translate into a “downtown dialect.”  O.J. agrees, “Do it!”

The court assembles for the beginning of the trial. “Black Superman” plays in the background.  O.J. looks over at the prosecution side and asks, “When did they get a black attorney?”

The episode highlights the continued struggle for media spin even before the case went to court.  Clark will prove to be completely incorrect regarding her relatability with female black jurors.  Shapiro is also seen to be “tone deaf” in issues regarding race.  Cochran has effectively taken charge of setting the pace and the tone of the proceedings.  The truth is playing second fiddle to public perception and in this case that will make all the difference.