Friday, March 4, 2016

American Crime Story, People vs. O.J. Simpson, Episode 5, The Race Card


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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