The final moments of last week’s episode hinted at the
existence of damning evidence not against the defendant but against the
prosecution’s star witness Detective Mark Fuhrman. The penultimate hour of the season highlights
the battle to admit the tapes as evidence the LAPD conspired to frame Mr.
Simpson in the murders of his ex-wife and Ron Goldman. The case morphs from murder trial into an
expose of institutionalized racism by a major metro police force. Johnnie Cochran sees himself as chosen by God
himself to not only free Mr. Simpson but also become a hero to the black
community. The prosecution doesn’t have a prayer to stop the public outrage
caused by the tapes.
The hour opens with the television tuned to the nightly
tabloid news show “A Current Affair.” The
subject is whether O.J.’s arthritis rendered him unable to commit the murders. However, they have an exercise video made by
O.J. just weeks before the murders showing him in prime physical shape. (Look
it up on YouTube, it’s very strange.) Shifting away from the television program,
the tip line operator questioning the woman who created the tapes. Her name is Laura Hart McKinny; she spoke to
Fuhrman as research for a screenplay she was writing. She doesn’t really want to help the defense
and hangs up on the man.
In court Darden struggles to question his witness over
numerous objections by Cochran. The
witness claims he heard a man who “sounded black” and Cochran objects that this
comment is “racist.” Darden tries assert
that it is the witness’s statement not his.
The bickering between Cochran and Darden frustrates Ito and the court
takes a fifteen-minute recess.
Clark tries to consul Darden, “What happened was that guy
saw the Bronco so Johnnie had to launch a racist stink bomb.” This pattern has become the theme of the
entire defense. Clark is frustrated that
Darden keeps reacting emotionally to Cochran’s tactic because that’s exactly
what the defense wants, a frustrated prosecutor.
The defense team meets to discuss the Fuhrman tapes and
speculates what they might contain. The
key portion is when Fuhrman speaks about “framing n@ggers.” Robert Kardashian
explains the tapes belong to an unemployed screenwriter who doesn’t want money
for the tapes but rather her screenplay bought.
The men bicker about the woman who couldn’t sell her screenplay but
teaches a writing class in North Carolina.
Johnnie is adamant they need the tapes. He theorizes they will allow “O.J. to walk
free!” Scheck is more cautious,
reasoning things this good don’t just fall from the sky. Johnnie disagrees, he sees the tapes as proof
that God is on their side and this is “manna from heaven.”
Over at the prosecutor’s office, the mood is drastically
different. Clark informs Darden the
defense is seeking to release thirteen hours of taped content from Detective
Fuhrman. Darden, who has always been
wary of the detective, admits the tapes “scare him.” Clark theorizes that maybe they are just
stories, made up to impress the screenwriter.
Darden cautions her again, “People like stories.”
The defense is in high spirits. Cochran theatrically gloats about receiving a
“magical piece of paper.” The paper is a
subpoena for the tapes, which are in North Carolina. The men argue who should go there to present
their case to the judge. Bailey wins
over Shapiro since he has many years of experience working in the state. (In
reality it was also because he agreed to pay his own way.) Shapiro is unhappy to take the backseat on his
own defense team.
Bailey and Cochran arrive at the Forsyth Courthouse. Bailey boasts that he can “taste victory.” The men spend several hours reviewing the
transcripts of the tapes. The n word is seen on nearly every page. After a while, Cochran is truly horrified by
the material. Bailey sees it
differently, “Horrible we can sell!” Cochran
is still sickened by the cop’s words but admits it is something blacks have
always known.
The evidentiary hearing begins at the North Carolina
courthouse with Cochran presenting his request to a white judge. Cochran uses his usual over-the-top style to
explain the “travesty of the tapes not being heard.” He continues that this is evidence of racism
within the entire LAPD. The judge is
cold to his theatrics and warns, “There are no cameras in this courtroom.” The judge is quick to decide the tapes are not
relevant and denies the defense’s request for their release.
Johnnie exits the courthouse mad as a hornet at the judge
and the system. Bailey motions for him
to look around, noting the symbols of the Civil War all around them. “Can’t you
smell the mint juleps and condescension?” He tells Cochran to let him plead the
case again dryly informing Cochran, “You don’t play well in Dixie.”
Bailey takes the floor and begins a very theatrical speech
about how proud he is to be back in the great state of North Carolina. He even manages to invoke Jesus in his pitch
for the tapes. Bailey has easily won the
judge over.
Back in Los Angeles, Ito meets with both the defense and
prosecution regarding the possible admission of the transcripts and tapes. Clark immediately objects that the material
is not relevant to the double homicide trial.
Cochran of course disagrees and believes the tapes need to be heard by
both the jury and the public. He claims
they are “the smoking gun for the United States.” Ito cautions both team to review the material
but not to share it with anyone outside their teams until he can review the
matter further.
The defense team listens as a group to the ugly stories,
which highlight police brutality and rampant racism. Clark and Darden look at the transcripts
horrified by both Fuhrman’s language and antidotes about his career as an
officer. Everyone agrees this information
is poisonous.
Gil walks through the office speaking to a subordinate about
how the prolonged Simpson trial is damaging his re-election campaign. Clark and Darden approach him about
“something unexpected” they heard in the Fuhrman tapes. The tape is played for Garcetti. He listens with horror as he hears the
detective compare Judge Ito’s wife Peggy York, his superior to a “marsupial”
and a whore. Gil knows York signed a
sworn affidavit before the trial commenced stating she did not know Fuhrman,
which is obviously a lie. Not only did
she know him, she was his boss. (And at the time the highest ranking female
officer in the LAPD. She met Ito on the job, over a corpse. Romantic.) She had reprimanded the detective in the past
for defacing at Martin Luther King poster with “KKK.” Gil concludes she could be called as a material
witness rendering their entire effort a mistrial. Furious, Gil screams at his team, “This is
gross incompetency!” Clark walks out of
the office followed by Darden.
Once alone, Darden tries to offer her support. He suggests they might benefit from a
mistrial, a chance to present the State’s case without Fuhrman. It is a tempting idea. Both attorneys feel the
sting of Garcetti’s accusation of incompetence and desperately want to still
win their case.
The defense is in an uproar over the threat of a mistrial
due to Judge Ito’s wife. Robert Kardashian says, “I can’t live through this
again.” Bailey points out if the case
were retried and moved to a white venue such as Santa Monica without Fuhrman’s
testimony the case would be a slam dunk for the State. Cochran wonders if Judge Ito knows about his
wife’s new involvement with the case.
Clark approaches Judge Ito to explain the delicate
issue. The defense team is also present
and waits tensely as she explains the problem.
Ito is visibly shocked and upset. “The whole situation is toxic.” He decides the best course would be to
continue this discussion in open court to avoid any appearance of a cover-up.
Judge Ito addresses the courtroom. He states he’s concerned about a “fair
court.” He explains he loves his wife
and was wounded to hear her being criticized in the tapes. He concludes this evidence would affect his
judgment, therefore another judge should determine whether this case should
remain in court. The courtroom erupts in
murmurs. Dunne tells his companion,
“Insane! They couldn’t get away with this
plot twist in an airport paperback!” Fred
Goldman is visibly shaken by the threat of a mistrial.
Clark and Darden meet at the office. Clark notes they are in a tricky position, if
it appears they pushed for a mistrial it could trigger the “double jeopardy”
rule and O.J. would go free. Darden is
very upset and doesn’t reply. Clark
urges him to “plow forward.” Darden
leaves her in silent anger.
Judge Reid has been assigned to decide what to do about the
tape evidence. Cochran argues the tapes
need to be heard, they can simply redact the part regarding Judge Ito’s
wife. The judge asks for time to review
the entire tapes and transcripts.
The defense team rides the elevator down together. Cochran is furious about the delay in the
case. (For once not of his making.) He
opines, “We need to turn up the pressure!”
Shapiro snaps back, “We have enough pressure, the city is about to
explode!” Shapiro fears the Fuhrman
tapes will trigger riots reminiscent of the ones following the Rodney King
verdict.
The prosecution rides a different elevator in awkward
silence. Finally, Darden unleashes his
rage at Marcia. “I told you NOT to use
Fuhrman and you didn’t listen! You put me on this case because you wanted a
black face but the truth is you never wanted a black voice!” Clark looks like she has been slapped.
Cochran decides to “turn up the pressure” by calling a press
conference with prominent local and national black organizations like the
NAACP. Cochran lets a young black man
speak and he demands a federal investigation into these tapes. He speaks passionately about “racist cops
killing blacks.” Shapiro watches the
television coverage at home with his wife. She says, “This is terrible.” Gil watches the press conference as well and
mutters, “They are threatening another riot.” The gathered crowd begins to chant, “Release
the tapes! Release the tapes!”
Ito tries to think in his chambers at the protestors demonstrate
outside the courthouse. A television
report questions whether Ito can go forward with the case and that a ruling on
the tapes is still pending. Ito switches
the TV off. He looks at an hourglass on
his desk and turns it over.
The court is back in session. Cochran argues that the defense wishes to use
the portions of the tapes in which Fuhrman uses racial slurs and speaks of
planting evidence. Clark argues that she
is not there to defend Mark Fuhrman but to try O.J. Simpson for the murder of
Ron and Nicole. She states the jury
needs to see the evidence and the rest is irrelevant. She hesitates to present precedent evidence
in regards to the use of racial slurs.
Other cases have decided that racial slurs were “immaterial” to the
case. She appeals to the court not to
release the tapes stating, “I am begging
you from my soul!” Darden glares at her,
upset that she has had to argue racial slurs were not important. Ito considers these statements carefully.
The courthouse is empty.
Ito is alone in his office listening to the filthy Fuhrman tapes. Larry King is on TV opining about the tapes,
“Judge Ito is screwed either way.”
In the morning, court resumes. Ito states that the tape matter has become an
overriding public interest and a national concern. He has decided to let the tapes and
transcripts be played in court in their entirety. The Goldman family winces at the news. Marcia stands up to protest the decision. “This is a double homicide not Iran-Contra!” Cochran stands up and starts to gloat about
the “truth” being heard. Darden bursts out of his chair to argue with Cochran
about his bullshit and lies. He accuses
Cochran of “inflaming and pressuring the court” turning the entire proceedings
into a circus. Ito cautions Darden is verging
on being held in contempt of court for his outburst. Cochran laughs and whispers to Darden, “Calm
down.” Darden warns Cochran, “Don’t.”
Ito recommends Darden take three deep breathes before he
speaks again. Darden pauses and states
he would like counsel. Ito asks if he
wishes to call his counsel now. Darden looks imploringly at Clark. Clark rises and states she doesn’t know
exactly if she is representing Darden presently but she like to speak. Clark continues to call the defense out for
their tactics. Ito cautions her, and
advises her to take “ten deep breathes.” She looks over at the defense table and says
coolly, “Should I remove my watch and jewelry?” (In a reference to preparing to
go to prison with Darden in contempt of court. A statement Darden remembers
appreciatively. )
Darden has regained enough composure to apologize to Judge
Ito. Ito accepts his apology and offers
on in return. The prosecution is clearly
beyond their limits in dealing with the ongoing theatrics of the case.
Cochran and his team arrive to a swarm of noisy protestors
in front of the courthouse. Cochran revels in the attention. One poster shows Mark Fuhrman with a Hitler
style mustache. In court, without the
jury, the tapes are played while the text appears on a projector. The whole court is silent and horrified by
what they contain, even Mr. Simpson. The
detective describes how he loves to beat and torture his suspects. He mentions, “Falsifying a report is part of
being a policeman.” Johnnie cracks a minuscule
smile as he listens.
Darden watches TV alone in his office. Fred Goldman speaks out, “This is now the Mark
Fuhrman trial, not the trial of the man who murdered my son!” Clark enters and tries to lighten his mood
with a joke. “Do you know that Fuhrman’s initials are M.F.?” Darden replies, “It’s funny but I don’t feel
like laughing. It seems like it’s all
over.” Clark hopes that maybe the jury still won’t
hear the tapes. Darden is cynical, “They
are just one conjugal visit away from knowing everything.” Clark apologizes to him for not listening
about Fuhrman. Darden apologizes for his
blunder with the gloves. Clark adds, “We
should have listened to each other.” They
shake hands but soon Clark makes excuses to get back to work.
Cochran is in his office giving an interview over the phone
to the press. New erupts Ito has made a
decision regarding the tapes. The
lawyers gather to read the fax. The
Judge has decided two sentences will be heard, the ones directly pertaining to
Fuhrman perjuring himself. Cochran is
livid and roars at his team to call every network. Shapiro urges him to remain calm noting they
are there to “defend the client, not burn down the city.” Shapiro says he understands Cochran’s
frustration. Cochran fires back,
“There’s no way you can understand, Bob!” (Not exactly true, Fuhrman was a Nazi
lover and Shapiro is Jewish. But only
race matters in this case.)
Cochran preaches for the press, “O.J. was framed and the
cover-up continues and they want the citizens of LA to remain calm!”
Cochran finally unwinds at home with his wife after a long
day. She brings him a whiskey as they
sit at the end of their massive bed together. Cochran expresses his frustration stating,
“There was so much I hoped to accomplish.” His wife assures him he has succeeded, “The
world heard the truth. To hell with O.J.! He’s an imperfect vessel, but you got
the message out.” His wife seems to
think Johnnie has been chosen by God to fight oppression while living a lavish
lifestyle. They are perfect match.
Fuhrman finally arrives for his day in court amongst angry
protestors. Some even attempt to spit on
the detective as he enters the courthouse. Fuhrman walks into the trial with his head
high but his eyes downcast. He is
universally hated by the entire gathering. O.J. glares at him. Bailey observes, “It is hard to be hated by
both sides, it takes a man of certain character.” Darden exits the courtroom without a word.
Cochran begins to question the shamed detective. Fuhrman maintains his Fifth Amendment right to
not testify against himself. After
several repetitions, Clark asks, “Are we going to curtail this performance?” Cochran decides to ask one final question of
Fuhrman, “Did you plant evidence in this case?” Again, he asserts his Fifth Amendment right. The State’s whole case now looks like a lie
because of this crooked cop. Clark
glances back at Fred Goldman.
Back at the prison, O.J. changes back into his prison garb
furiously happy. He tells Robert
Kardashian, “That was magical, wow!” O.J.
is confident he’ll be leaving prison very soon because Mark Fuhrman framed him.
Robert Kardashian looks pained like he
still has doubts about his friend’s innocence.
An assistant presents Clark with “the judge’s ruling.” Assuming it’s about the Simpson case Clark
wonders “What Ito is up to now?” The
ruling is on her divorce case, she has received primary custody of her
children. The assistant congratulates
her success. Marcia holds the documents
close to her heart.
Next week is the season finale. The acquittal was the shocking conclusion of
this “slam dunk” case gone so horribly wrong. Opinions about the verdict ran sharply on
racial lines, with blacks celebrating and whites outraged. Even today, the trial brings up sharp
divisions and remains racially charged. It
echoes in our current politics and attitudes about police brutality and institutionalized
racism. But was it true in this case is
the lingering question. I understand
American Crime Story has been renewed for a second season exploring the events
surrounding Hurricane Katrina, a subject guaranteed to continue to explore
issues of racism and privilege in America.
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