Wednesday, March 9, 2016

ACS, The People Vs. O.J. Simpson, Season 1, Episode 6, Marcia, Marcia


The trial is now in full swing and the defense team is using a myriad of tactics to deflect and distort the overwhelming evidence against their client.  They continue to attack the evidence and the LAPD.  This episode highlights the stealth smearing of the lead prosecutor Marcia Clark.  The “Dream Team” are masters of showmanship and the trial has evolved in to a “reality show” the victims and their families ignored for the public’s amusement.

Marcia Clark sits in court, not as an attorney but as a party in her own custody case. He ex-husband’s lawyer presents and Marcia can be heard groaning at his words. Marcia begins to contest what is being said and the judge cautions her to be quiet or she will be found in contempt of court.  The judge adds, “I’m not Lance Ito.”

Clark rushes from family court to the criminal trial.  She must cut in line at security, earning her nasty looks from the public.  When she enters the court, Ito notes sarcastically, “I’m glad you could join us today.” (It appears she’s about twenty minutes late.)  Chris Darden whispers to her, “Are you okay?”

Denise Brown, Nicole’s sister is on the witness stand.  She recalls an incident in which O.J. publically humiliated her sister by grabbing her crotch stating, “This belongs to me.”  Denise cries at the memory while the defense table mocks her for “crying on cue.”  O.J. whispers, “How is this relevant?”  The courtroom is dismissed for the weekend.  Darden whispers to Johnnie Cochran, “That will stay with them all weekend.” (Denise testimony.)  Cochran replies, “Hope so.”  It appears Darden and Cochran are engaged in a battle of wills.

Marcia drives her white sedan home listening to blues in the car.  She smokes a cigarette outside and sees the television is on airing the late news.  The topic of discussion is “Marcia Clark’s fashion problems.”  An “expert” is called upon to opine on her hair, makeup and wardrobe.  He declares her “frump incarnate.”  One of Marcia’s boys comes outside; he smelled the smoke and knew she was home.  He says he’s happy to see her and offers her a hug.  She melts in her son’s arms.  He points out smoking is “gross” and she says she knows.  When Marcia comes inside she examines herself closely in the mirror and tugs at her hair in frustration.

Clark returns to family court the next day.  Her ex is pushing for primary custody complaining that the children spend all their time with babysitters.

At Cochran’s office, he and Carl Douglas examine reports that police discipline offenders based on race.  Shapiro enters the meeting late.  Cochran lays out his strategy. “The most important thing is the story.  We have to tell a better story.” Cochran continues to describe the detectives as “The Three Stooges of Rockingham.”

A detective is on the stand speaking about the Bronco evidence collected the night of the crime.  Cochran cross-examines the man and cast suspicion about how O.J. was notified about his ex-wife’s death.  Cochran theorizes the detectives went to the Simpson residence because he was already a suspect.  (The reality is that O.J. was a celebrity and the cops knew and liked him. Therefore he probably received special attention.) The detective refutes this notion.  Clark privately questions Darden about what he thinks Cochran is trying to achieve with these questions.

Cochran and his with speak in the back of his chauffeured car.  She questions his focus on the number of detectives sent to the Simpson house to notify him.  She notes, “It doesn’t make him not-guilty.”  Cochran is confident in his approach and explains it’s to establish a pattern that cops lie.  He adds, “I’ll get to the guilt later.” Guilt really isn’t important to the defense.

Outside the courtroom, Johnnie speaks to Det. Lange about their shared past and jokes around with him.  Lange reveals he lives in Simi Valley now and likes it. (Simi Valley is where the four LAPD officers who were acquitted of beating Rodney King lived.) Lange realizes he might have mis-spoke in the “friendly” conversation when he sees other members of the defense team observing them.

Det. Lange takes the stand and is asked about the shoes, which were taken the night of the crime but not booked into evidence until the next day.  Cochran asks where the shoes stored during that time.  Lange states they were in the trunk of his car. Johnnie asks where Det. Lange lives even though he knows the answer.  Cochran asks how long did Lange have the shoes until they were booked into evidence and Lange replies, “Six hours.”  Cochran says triumphantly to the jury, “Six hours in Simi Valley, the home of the four officers responsible for the King beating!”  Marcia shakes her head but why doesn’t she object?  The King beating has nothing to do with the trial neither does where a detective lives.  The African-Americans on the jury absorb this connection.  Shapiro asks the witness if he has ever in his long career in law enforcement taken evidence home with him.  Lange shakes his head no.  Clark mutters, “Shit” under her breath.

Television executives meet to discuss the coverage of the daytime trial.  The ratings are so high, ABC has decided to pre-empt all it’s daytime shows to cover the trial. The male executive notes, “This is better then soaps!”  However, soap opera’s aren’t real.  Everyone seems happy to ignore the fact two people were viciously murdered, two young children are motherless and two families have been torn apart.

Clark and Darden indulge in some tequila working late at night at the office.  Marcia reflects, “At least Fuhrman doesn’t live in Simi Valley!”  Darden continues to express his concerns about the detective.  Marcia still believes he’s over-reacting and believes Mark Fuhrman to be a bad person but good detective.  She emphasizes that he didn’t waiver from his story after telling it three times and his “procedure was perfect.”  Clark encourages Darden to be confident.  Darden turns on the radio to a soul station and begins to dance.  He encourages her to cut loose, but she protests she’s not allowed to have fun, especially by her ex-husband.  Darden notes at least he cares.  Darden reveals he is the father to a fifteen-year-old girl who lives in Oakland.  He regrets not being there for her.  Marcia is empathetic, “That’s what happens.”  Darden notes his daughter thinks he’s cool now because he’s on television.  Marcia asks Chris to turn up the radio, which is playing the Isley Brothers “Who’s that Lady?”  The two begin to dance, and then dance a little closer. It doesn’t appear romantic, rather a feeling of friendship and release of tension.

The next morning, Christopher gets ready for work confidently.  The radio is doing a survey, “Marcia Clark, Bitch or Babe?” Chris says, “Babe!” but probably most callers would call her the other word.

Darden’s good mood continues as he lines up to go through court security.  Clark smiles as he sings, “Who’s that Lady?”  Clark says she only had two hours of sleep but feels “ready for anything today.”

Clark calls Det. Fuhrman as her witness but is interrupted by Cochran who warns Judge Ito he has “an emergency witness crisis.”  The problem is Rosa Lopez a witness for the defense has to leave the state and they need to hear her testimony “out of order.”  Clark protests this is unfair and irregular.  Ito dismisses the jury so they can have a hearing on the matter for the rest of the day.  More confusion and delay brought on by the defense.

The special hearing begins with the prospect of the hearing going late.  Clark protests stating that she can’t stay late because of her childcare.  Cochran uses this opportunity for belittling her for not “having a babysitter.”  Ito calls a recess until the next morning.  Darden puts his hand on her shoulder for support.

Back at the office, Gil Garcetti the D.A. is upset about the defense’s witness Lopez.  He fears it will destroy the timeline the prosecution has established.  Marcia blames Judge Ito referring to him as a “media whore.”  Gil asks her to keep working through it. He apologizes for all the criticism of her appearance in the media calling it, “horrible, sexist and wrong.”  But with that being said, he offers her a “media consultant.”  It seems a veiled request by her boss to force her to have a “makeover.” This would never be brought up with a male prosecutor.

Marcia calls the kids from work and tries to perform some parenting over phone. After she hangs up she swallows her pride and calls her ex-husband and asks if he can watch the kids instead.  The next moment, it’s back to business as she calls her assistants to the conference room for a work session.  The scene really highlights Marcia’s struggle to have any sort of “work-life balance.”  She is trying hard to be super-mom and super-prosecutor but something’s got to give.

The next morning at court, Johnnie Cochran again belittles Clark for causing delay in the proceedings due to her “babysitting” issue.  Clark objects eloquently stating that Cochran’s comments are sexist and uncalled for.  Rosa Lopez takes the witness stand.  Clark asks about the maid’s travel plans and when is she leaving for El Salvador.  Lopez states she’s leaving tomorrow and made her flight reservation today.  Clark challenges this, noting the airline has not received a reservation in her name.  Lopez states she will buy the ticket after her appearance in court.  Clark also asks why Rosa applied for unemployment benefits if she’s leaving the country. The is witness can’t answer this question. Lopez also can’t say what time she saw Simpson’s Bronco.  The prosecution has a tight timeline, which Lopez was supposed to refute with her testimony.  When pressed on time, Lopez shrugs and says, “Whatever time Johnnie (Cochran) says!”  Obviously this makes Cochran look like he’s coaching the witness.  Finally, Lopez replies she doesn’t remember.  Her testimony has been completely irrelevant.

When Marcia Clark exits court, white women can be seen holding signs for her and cheering.  They loved that she stuck up for working women.  Reporters follow Cochran outside but they are less exuberant.  One man asks if he can respond to allegations that he has a history of domestic abuse.  The reporter claims he has a source. It appears the dirty laundry has caught up with Cochran.

Darden watches a television interview with Clark’s ex-husband Gordon.  He is claiming that Marcia is using the children as pawns to make her self look better.  He seems to have no problem using the media to further foment the custody battle.  Not nice.  Marcia is stunned as she see’s her ex on TV,  “This is our private life.”

Johnnie makes a late night call to a woman named Barbara.  He asks her if the LA Times had contacted her about their past.  She says yes, but she said she would call them back after she spoke to Cochran.  Johnnie mentions an apartment building they used to own together but which he received in the divorce settlement.  He offers it to her for her silence regarding their history together.  Cochran is one slimy dude.

The defense team meets with O.J. at the prison.  O.J. is very upset about how things went with the witness and feels it was avoidable.  He starts a tirade about how he got things done on the football field, “I’m the real deal! Deal with it!”  O.J. demands to “know what happens next.”  Bailey notes the bad press regarding the defense will be quickly forgotten.  Shapiro tries to speak but O.J. tells him to shut up in a colorful way.

Marcia goes to fancy salon.  Seal’s “Kiss From a Rose” plays in the background.  The stylist promises to do for Marcia what he did for Farah Fawcett.  Clark eagerly submits herself to his ministrations.

Darden argues with a member of the black press outside the courtroom.  He argues the coverage acts like there are only two black men in the room, Johnnie Cochran and O.J. Simpson.  Darden wants to know why his role as a black prosecutor isn’t mentioned and notes O.J. is rich and doesn’t associate with the black community. Dominick Dunne observes this conversation amused adding, “Come on, the cops trying to get O.J. Simpson?  He hosted pool parties for them!”

Marcia debuts her new hair, it’s shorter, redder and resembles a Jheri curl.  Cochran whispers, “Who turned into Rick James!”  However, Clark appears more confident despite the lack of compliments.  Judge Ito notes rudely, “Good morning Ms. Clark, at least I think it’s Ms. Clark.”  This comment deflates Marcia’s confidence, Darden scribbles her a note on a legal pad, “It’s fantastic, I like it!”

The tabloid papers run Marcia’s new look on their front pages with captions such as, “Curls of Curl” and “Verdict on Hair, Guilty!”  Marcia stares at them as she checks out of the supermarket.  The male clerk sees tampons in her basket and snickers, “The defense is going to have a hell of a week!”  If someone said that to me, I wouldn’t stay silent.  But Marcia seems to know everything she says and does will be reported.  She walks out of the store in silence.

All eyes are on the prosecution’s star witness, Detective Mark Fuhrman.  Fuhrman makes a statement that the he has been frustrated with the trial so far because “facts are being distorted.”  Clark agrees with her witness’s statement.  She begins by asking him to describe the crime scene and what was found during those first minutes.  Fuhrman notes he found shoe prints and a possible fingerprint on a door.  Pictures of Ron and Nicole’s bodies are shown to the jury and they are grisly.  Fuhrman claims he did everything right to protect the crime scene.  At the Simpson residence he noticed the Ford Bronco because it was parked oddly.  He approached the car he saw what appeared to be blood on the outside.  When he looked inside he saw a package with the name “O.J. Simpson” on it and deduced it was his vehicle.  Fuhrman states he thought Simpson might be in danger and climbed over the wall of the Simpson mansion.  All over the nation, people are watching the trial on television.

F. Lee Bailey meets with Cochran and others in a dim lit bar.  He boasts that he’s planned Fuhrman’s funeral. “I’m going to get him on nigger! And if he denies it, he’s a liar!”  After recovering from the shock of the word use, Cochran warms up to the idea.  Bailey continues, “I’m going to impale him on it!”

Clark continues in the courtroom asking Fuhrman about his observations at the crime scene.  Pictures of the evidence including the shoes, hat and gloves are displayed.  The detective describes the blood soaked gloves he recovered from Simpson’s house and the murder scene.  Bailey stands to cross-examine the witness. He takes a sip from an orange Solo cup and it’s probably not water.  Bailey begins by noting Fuhrman’s history as a Marine, a branch in which Bailey also served.  The attorney then asks, “Did you tamper with the evidence?”  The witness fervently denies the accusation.  The defense offers a pair of gloves “similar” to the ones found to demonstrate how they could be hidden to be tampered with later.  Clark objects to Bailey’s exhibit.  Bailey replies, “How dare you accuse me of lying!”

Marcia brings the gloves forward to Judge Ito and shows him they are size “small” and the gloves found were “extra-large.”  Bailey states they simply couldn’t find an extra–large pair for the exhibit.  Clark gets a jab in 2016 style, “Maybe the gloves belong to Mr. Bailey?”

Bailey continues with the witness noting they’ve now “opened a door.”  Ito cautions the lawyer.  Bailey asks, “Do you use the word nigger?  Have you used it within the last ten years?”  Fuhrman fervently denies using the term.  The television audience is riveted, a person asks, “Can they say nigger on TV?”  The jurors, especially the African-Americans, shake their heads.  It appears Darden was right, if that word is said, no one is able to concentrate on anything else.  The television executives want to put together a prime time special on the day’s news.

Gil Garcetti calls Marcia in for a talk.  She guesses he’s still upset about her childcare mishap in court.  Garcetti informs he a picture has surfaced of her topless on the beach.  She sheepishly admits the picture is of her, taken by her first ex-husband many years before.  Marcia tears up and leaves in embarrassment.  It’s really hard to believe this photograph could be relative to the case in any way.  What does getting some sun on holiday have to do with a murder trial?  Of course, it’s just more ways to hurt the prosecution.  It was later revealed the “Dream Team” tracked down the friend who snapped the picture in Israel.  It’s a wonder she didn’t sue them for going to such extraordinary lengths to smear her reputation.

Marcia returns to the trial after the meeting with Gil.  She is still visibly emotional and Darden lays his hand over hers in support.  Judge Ito notices her demeanor as well and calls the court to recess until the following day.

When Darden returns to the office, he notices Marcia is sitting down on the floor crying.  She tells her friend, “I’m not a public personality. I don’t know how.  The other guys are all flashy hot-shots!”  Darden reassures her, “You’ll do fine.”  He adds with a smile, “If it helps, you look mighty good in that picture.”


Today, topless photos are a dime a dozen but the sexism exhibited in the episode persists without much change.  The trial was so intriguing because it combined so many taboo subjects such as race, sex, celebrity and corruption.  Hollywood couldn’t have scripted it better but what the public lost sight of was this was a real crime not “Murder, She Wrote.”  The line between truth and fiction continues to be drawn by a shrewd defense.  Can Darden and Clark cut through the web of lies?  Unfortunately, like the Titanic, we know how this story ends.  But the journey is still worth re-examining.

No comments:

Post a Comment