The “Race Card” was a reoccurring allegation from the State
regarding Johnnie Cochran’s strategy for the defense. The term is not spoken out loud in this
episode but when it comes to Cochran, don’t underestimate him to make
everything about race.
The first scene is a flashback to 1982. Mr. Cochran drives his three daughters to
lunch in his Mercedes. It’s a special
day for the girls to be with their dad as he is now divorced from their
mother. Behind Mr. Cochran, a
motorcycled Highway Patrol officer flashes his lights for Cochran to pull
over. Initially, Cochran is polite and
informs the officer he’d like to get his registration out of the glove box and
asks what he did wrong. After several
moments, Cochran accuses the officer of pulling him over because he’s a black
man, driving an expensive car in a white neighborhood. The officer asks Cochran to get out of the
car and handcuffs him in front of his daughters and a number of curious
on-lookers. He tells the officer he’s
going to “Regret this.” The officer goes
back to his motorcycle to run the identification. Cochran tells his terrified girls in the car
that everything is okay and they’ll be on their way soon. Once the officer checks Mr. Cochran’s
identification he un-cuffs him and says simply, “Have a nice evening, Mr.
Assistant District Attorney.” Mr.
Cochran, shaken but cool assures his daughters he’s all right. One girl asks him, “Did he call you a n@gger
Daddy?” Cochran warns his daughter never
to use that word and adds, “He didn’t have to.”
Back to the present day of the case 1995 at Cochran’s
church. The minister calls him up front
and gives Cochran a special blessing.
Marcia Clark watches Cochran’s latest TV appearance with disgust. Cochran opines that Christopher Darden is
simply a tool for the prosecution. Darden
watches the footage and looks uncomfortable.
Meanwhile, the defense team tension continues. Shapiro believes that Bailey was the “source”
for a New York Daily News story claiming Shapiro was “in over his head.” Bailey tells Shapiro to “Blow it out his
ass!” These are charming people!
Clark works on the history of O.J.’s domestic abuse towards
Nicole. The prosecution has a rigid
timeline for the night of the murders. At
the defense meeting, the plan is to hide the abuse history from the jury. They joke how the State’s key witness is an
Akita, the dog who helped discover the bodies.
They discuss the discrediting Mark Fuhrman as a witness. Cochran opines,
“We need to lead them down a false path to make sure the evidence doesn’t win.”
Clark confidently discusses the blood evidence they have
against Mr. Simpson, on socks found in his home and the glove. Clark notes this is more evidence then she
has ever seen in a murder case. In the
defense meeting, Cochran states, “We have to tell the story better then the
other side tells theirs.
The State meets to assign duties. Christopher Darden is tasked with prepping the
detective witnesses, Fuhrman and Van Atter.
Darden looks uncomfortable but says nothing. The prosecution rides the
elevator together in silence.
Darden goes to meet with Fuhrman. Fuhrman begins by stating, “I don’t have a
problem with you putting me up.” The racist undertone of this statement is hard
to ignore. Darden quizzes Fuhrman about
his racist past and the man insists he has “black buddies.”
Darden goes back to meet with Clark after this interview. He warns her he has a really bad feeling about
Fuhrman. Clark ignores his discomfort and tells Darden, “I’m asking you to prep
him, not date him!” Clark deduces he is uncomfortable because he’s black and
taking the man’s attitudes personally. Darden begs her, “Don’t let him take the
stand.” Clark again dismisses his concerns, countering, “Cops are our allies,
get him ready.” In retrospect, this was a huge mistake by Clark not to trust
Darden’s instincts regarding this infamous witness.
Judge Ito meets with Vanity Fair writer Dominick Dunne. He
will be allowed a front seat at the trial next to the Goldman’s. Ito reminds him to be “gentle with them.”
Dunne relates he lost his daughter to homicide and the guilty party got off
with “a slap on the wrist.” Dunne expresses hope that this trial will see
justice served. Ito shows the writer of
a signed picture of Arsenio Hall he received. It seems all of Hollywood is interested in the
players of this trial.
Outside the courthouse, protestors yell at one another
proclaiming Simpson’s guilt or innocence.
Inside, the pre-trial motion is about to take place. Darden spots Johnnie Cochran and asks for a
word with him privately. Darden
expresses his frustration at Cochran for singling him out at a recent press
conference. Darden concludes his attacks were “below the belt.” Darden asks
Cochran treat him with respect. Cochran
brushes off the allegations, “I’m not trying to be respectful, I’m trying to
win!” Bill Hodgeman overhears some of
this conversation with interest. Darden walks away from Cochran.
Shapiro would like to exclude the sixty-two counts of
domestic abuse, which occurred between Nicole and O.J. during their long
relationship. Shapiro deems it’s “not
relevant.” Hodgeman argues it is key to
understanding the background and possible motive that lead to the murders. The defense would like to keep this
information hidden from the jury. Darden
raise his own separate issue. He would like to exclude Fuhrman’s history with
the LAPD characterizing it as “divisive.” He argues bringing it up would serve
no legal purpose. Darden theorizes Cochran wants to enflame the jury by hearing
Fuhrman used the n-word. Darden continues, “This will invoke a response which
will blind them to the truth.” He urges
Judge Ito to ban the n-word from the trial.
Cochran becomes enraged by Darden’s comments and urges Ito
for a chance to “respond to my good friend Christopher Darden.” Cochran says he finds Darden’s comments
“incredibly demeaning to African-Americans and he would like to apologize on
Darden’s behalf.” Cochran rejects the
notion that the jury would become too emotional if they heard the n-word. Cochran accuses Darden of apologizing for
Fuhrman, which Cochran finds incredibly offensive. Darden’s father watches the exchange on
television in disgust. As Cochran goes
to sit down, he looks at Darden and whispers, “Nigga please.” Darden has fallen into Cochran’s trap to make
the entire trial about race regardless of the facts.
There is a whirlwind of opinions about Darden after this
exchange. Most African-Americans accuse
him of being an “Uncle Tom.” Darden asks
Garcetti for permission to speak directly to the “black press” in order to do
some damage control. Garcetti denies him
permission and suggest he “toughen up.”
Darden goes to Clark to speak to her about his ongoing
concerns about Fuhrman. Darden tells her he was in law school in the ‘70’s at
the beginning of affirmative action. He
felt his white peers always suspected him of being inferior and of being
admitted because of his race and he didn’t deserve to be there. Clark tells him Cochran is wrong, and he
deserves a spot on this trial because he’s earned it.
Cochran practices his opening statements in front of his
wife in their opulent bedroom. His wife offers him constructive criticism,
which helps Cochran find his mojo in more ways then one. He smiles at her and calls her “his destiny.” The phone rings and disturbs the romantic
mood. It’s Johnnie’s partner Carl,
“Shapiro screwed up, he forgot to add twelve witnesses!” Cochran is cool and tells his underling he
must take the fall for Shapiro’s mistake.
The first day of the trial begins. Protesters for and against Simpson compete
for attention with the media and the paparazzi. The defense team arrives in black limos. Bailey says to Shapiro, “Just pretend you’re
at the Oscars!”
Judge Ito is seated and the jury files in. Clark makes her opening statements, which
states despite people thinking they knew O.J. as an actor and football star; he
had a personal life, which was not known to the public. She argues this side they’ve never met was an
abuser and a murderer. Clark lays out
the State’s overwhelming physical evidence, which they feel confident with
convict Mr. Simpson of these murders.
Cochran begins his opening statement with a quote from
Martin Luther King Jr. “Injustice anywhere is a threat to justice
everywhere.” Cochran claims his team is
on a “search for the truth” and their truth will rely on witness and these
witness will exonerate Mr. Simpson.
Cochran begins to read the names of the witness and Bill Hodgeman raises
an objection that the State had not received the names of these witnesses. Judge Ito quickly dismisses the jury and
tells those present he’s known Hodgeman for years and has never seen him so
upset.
Hodgeman tells Ito that witnesses named by the defense were
not given to the State in discovery. Carl
Douglas admits the mistake was entirely his fault. Hodgeman continues, increasingly flushed and
short of breath. He states, “The People
have been denied their right to a fair trial.” Suddenly, Hodgeman collapses to the floor.
Marcia calls out for someone to call 911. Hodgeman is brought out of the courtroom on a
stretcher with apparent chest pain. Judge
Ito orders court be adjourned for the day.
Clark and Garcetti conduct an emergency meeting. Marcia fears they need to go on without
Hodgeman. Marcia suggests they promote
Darden to co-prosecutor. Garcetti is unsure but agrees. Late at night, Darden receives a phone call
from Clark, “Hodgeman is out, your up! It’s on us!”
Dominick Dunne hosts a dinner party in a Downton Abbey type
setting. Dunne entertains his guests
with tales from the trial. He thinks it’s odd that the Brown, Simpson and
Goldman families greet each other politely. A woman asks about O.J.’s girlfriend Paula. The room goes momentarily silent as blacks
serve the guests wearing tuxedos and white gloves. Dunne says that Paula had moved on from O.J.
and was with Michael Bolton in Las Vegas. After hearing about the murders, Paula left
Bolton to be with Simpson. (The allegation being she was after the most media
attention.) Dunne further alleges the Brown family encouraged her dating O.J.
when she was only eighteen years old. Over
the years, the Brown family would encourage their daughter to return to him
after their many fights. (The allegation being Nicole’s family wanted the money
and fame from Simpson.) Dunne mentions that the jury will go on a “field trip”
to the Simpson and Brown homes.
Johnnie Cochran looks around disgusted by O.J.’s décor
noting all the risky artwork of white women. Cochran decides to remove O.J.’s artwork and
redecorate in a decidedly more “African” way including paintings and pictures
of O.J. with his elderly mother. He
brags to the helpers, that these items are on loan from the “Cochran
collection.” Again, Cochran is using
manipulation to portray O.J. as a black man wronged by the LAPD.
Cochran goes to visit O.J. in prison and describe how his
client must act on the “tour” of his home. He mentions he has “redecorated the house so
that the jurors could relate to him.” O.J. is upset and states there was
nothing wrong with his house; it was even featured in Sunset magazine. Cochran has to point out the jurors are black.
(And unlikely to read Sunset magazine!) Cochran continues the conversation by asking
O.J. how “dialed into the community” was he? O.J. reports he has a black friend, A.C. who
is “blacker than me!” O.J. is clueless
on how to act in the way Cochran needs him to in order to play the “race card.”
Cochran explains it will hard for O.J. to be acquitted if he was known as “The
Major of Brentwood.” O.J. won’t
apologize for being rich. He states, “I
did what I had the right to do!” O.J.
brags to Cochran about the house he bought for his mother with a pool.
The entire courtroom visits their first destination, Nicole
Brown’s home. Marcia is dismayed to find
the home clean and empty. She mutters,
“This doesn’t tell her story, she was a wife and a mother.” Cochran steps inside and Marcia accuses him of
“cleaning up.”
The Simpson house is much more popular with the people. Cochran gives Darden “side eye” as Darden
looks over the photos of happy black children. (The problem is those are
Cochran’s children!) The jurors are
excited to see Simpson’s trophy collection. Marcia notes this is not how she remembered
the house and asks, “Where is the naked picture of Paula in the bedroom?” O.J. wanders around his unrecognizable home,
he looks at the photos and states, “I don’t know who these people are!”
Outside, Bailey, Shapiro and Cochran smile at the successful
field trip. Marcia tells Ito the Brown
house was cleaned up and the Simpson home was redecorated. Darden sits down on
a bench near the life sized Simpson statue. O.J. yells at him to get off the bench. The defense team quickly apologizes for their
client stating, “He gets a little emotional.” Cochran offers Darden some parting advice,
“Don’t do Fuhrman, make the white people do him!”
Later, Darden relates the conversation to his father. Darden’s father sees Cochran as simply trying
to give his son advice, brother to brother.
Darden interviews Fuhrman again. He asks him, “Do you dislike blacks?” Fuhrman
denies he’s racist. Darden asks him if
he’s ever used the word n@gger, which he also denies. Fuhrman states he collects WW11 memorabilia
as a hobby. After this meeting, Darden
tells Clark he doesn’t want to put Fuhrman on the witness stand. Marcia is
tired of Darden’s protests and says, “He found the glove!” Darden urges her, “Say it’s cause I’m black!”
(Why he feels uncomfortable with Fuhrman.) Clark agrees to question Fuhrman on the
witness stand if it makes Darden so uncomfortable. She shakes her head; “He’s just a cop on a
stand.”
At home, Fuhrman listens to classical music (Wagner) and
looks at his collection of Nazi memorabilia.
The push is on for Johnnie and the defense to prove that
O.J. was framed because of his race. It
is just a minor inconvenience that O.J. lived
“white” and preferred his rich, gated lifestyle. The State has drawn the world’s worst witness
with Detective Fuhrman. Had it been
anybody else who found the glove, the trial may have had a different outcome. In this episode, the tension between Cochran
and Darden is palpable as they both seek to prove themselves and their
arguments.
It has just been reported a knife, the possible murder
weapon had been discovered buried years ago on the Simpson property. The knife had been found by a construction
worker and given to police officer and kept secret since 1998. Because of “double jeopardy” laws, Simpson can
never be tried again for the murders of Nicole Brown and Ron Goldman. However, it would be fascinating if evidence
were finally uncovered to prove Mr. Simpson’s guilt.
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