oj simpson & casey anthony
TRANSCRIPT
Two Trials of the Century Landmark Successes For The American Judiciary
O.J. Simpson Casey Anthony
Ron Goldman & Nicole Brown-Simpson Casey Anthony With Caylee
O.J. Simpson Accused of Double Murder Casey Anthony Accused of Murder
“We the jury find Orenthal James Simpson ‘not guilty.’”
“As to the charge of 1st degree murder, we find the defendant, ‘not guilty.’”
"There had never been any trouble at the house, even when Casey and her older brother, Lee, were at the height of their teenage years. The Anthonys seemed the definition of blissful suburbia, especially with the addition of the angelic, bright-eyed baby girl, {Caylee}.” -- Asst. Prosecutor, Jeff Ashton
The O. J. Simpson jury nullified the California law against murder
"We must hold firmly to the doctrine that in the courts of the United States it is the duty of juries in criminal cases to take the law from the court, and apply that law to the facts as they find them to be from the evidence.” Sparf v. U. S. 156 U.S. 51 (1895) --
There is “an unreviewable and irreversible power in the jury, to acquit in disregard of the instructions on the law given by the trial judge”
United States v. Dougherty, 473 F.2d 1113, 1132 (D.C. Cir. 1972)
“We can’t encourage the jurors to violate their
oath. Neither the court nor counsel should
encourage jurors to violate their oath.”
United States v. Trujillo, 714 F. 2d 102, 106 (11th cir. 1983)
“The power of juries to `nullify' or exercise a power of
lenity is just that -- a power; it is by no means a right or
something that a judge should encourage or permit if it is
within his authority to prevent."
United States v. Thomas, 116 F. 3d 606 (2d Cir. 1997)
.
“There are no other laws that apply to this case. Even if
you don’t like the laws that apply, you must use them. For
two centuries we have lived by the constitution and the
law. No juror has a right to violate rules we all share.”
Florida Criminal Jury Instructions
Florida Supreme Court
“Jury nullification as a right is without legal foundation; it requires a jury to violate its oath and ignore the court’s instructions on the law.” Sanders v. State, 946 So.2d 953, 957-58 (Fla. 2006)
“A jury must be given a fair opportunity to exercise its inherent ‘pardon power’ by returning a verdict of guilty as to the next lower crime.” State v. Montgomery, 39 So. 3d 252 (Fla. 2010)—
Florida Jurys’ “Pardon Power”
“Due process requires an impartial jury, free from outside influences.” Pennekamp v. Florida 328 U.S. 331 (1946) --
4 policemen charged in Rodney King beating
L A Riots Rodney King Beating
Defense attorney F. Lee Bailey: Did you plant evidence during your investigation of O.J. Simpson?
Detective Mark Fuhrman: “I refuse to answer under my fifth amendment rights.”
CNN Anchor: How was it that with all this evidence against O.J. that he's set free?
Juror: Some of that stuff was planted. And when some of it was planted, {I asked myself} “what was and what wasn't?”
CNN Anchor: How did Mark Fuhrman play a part in your decision when it came down to the verdict?
Juror: Quite a bit. Because everything that he had anything to do with it pretty much got thrown out. I knew he was dirty. After a while you get a sense of people.
CNN Anchor: Do you truly believe that the police, the detectives, the criminologists were as incompetent as the defense had made them out to be?
Juror: Yeah. I think so.
Judge Lance Ito Juror David Aldana
{The court recognizes} “the undisputed power of the jury
to acquit, even if its verdict is contrary to the law as given by
the judge and contrary to the evidence. If the jury feels that the
law… is unjust…for any reason which appeals to their logic or
passion, the jury has the power to acquit, and the court must
abide by that decision.” U.S. v Moylan, 417 F.2d 1002,1006 (1969)
100 criminal cases were reversed.
$100 million was paid to defendants in damages DOJ Consent Decree: Patterns or practices of excessive force, false arrests,
and unreasonable searches/seizures by LA police.
Los Angeles Police Chief Bill Bratton stepped down in 2009 after 7 years
The Los Angeles police force is better trained, more diverse, better disciplined and better led than the one that betrayed the city's trust in 1990’s.” L A Times
A court proceeding attentive to the idea of justice
“The Social Media Trial of the Century.” Time Magazine
Evidence of “consciousness of guilt?”
Zanny the nanny
Worked at Universal Studios as event planner,
“I can feel Caylee is close.”
“Acts of concealment by an accused are competent to go to the jury as
tending to establish guilt, yet they are not to be considered as alone
conclusive, or as creating a legal presumption of guilt; they are mere
circumstances to be considered and weighed in connection with
other proof…” Hickory v. United States, 160 U.S. 408 (1896).
“attempts on the part of the accused to suppress evidence, to
suggest false and deceptive explanations, and to cast suspicion
without just cause on other persons…tend somewhat to prove
consciousness of guilt, and when proved exert an influence
against the accused.” Hickory v. United States, 160 U.S. 408 (1896) (citing Commonwealth v. Webster, 5 Cush. 295, 316 (1850)).
Two people were home together June 16, 2008, the day two-year-old Caylee was killed. Each reacted differently to her death.
“She was not an abusive or negligent parent. So if there was a homicide, it would be out of character for her.” Psychologist Dr. Harry Krop on Dr. Drew show.
Assistant prosecutor Jeff Ashton: “Is there any
reason to not believe her story {about parental
abuse}?
Forensic psychiatrist: “No.” {I have no reason to
not believe her}.
The jury decides: a landmark success for the American judiciary