Defense Presents New Glove Theory As Judge Bars Drug Use Testimony
SANTA MONICA, Calif. (Jan. 8, Noon) -- The defense put forth a new glove planting theory Wednesday morning in the O.J. Simpson civil trial. With Los Angeles Police criminalist Dennis Fung on the stand, lead Simpson attorney Robert Baker suggested that the Bundy glove in evidence was not the same glove seen in photos from the crime scene.
Also Wednesday morning, Judge Hiroshi Fujisaki barred the defense from asking Brian "Kato" Kaelin about Nicole Brown Simpson's alleged drug use. On Monday, Judge Fujisaki permitted the defense to ask former LAPD Det. Paul Tippin about his interview with Kaelin, in which the ex-houseguest said Nicole "did coke." Before Kaelin took the stand, the plaintiffs argued that Nicole's alleged drug use was not relevant to the civil trial. The defense argued that it was relevant, because it provided an explanation for what it says was Nicole's erratic behavior in the months leading up to the murders. Fujisaki agreed with the plaintiffs.
Wednesday afternoon's scheduled witnesses are Anthony Shipp, the veterinarian who India Allen worked for, and, by deposition: Hertz employees James Merrill and Raymond Kilduff and patent attorney Mark Partridge. The defense said today it decided not to call the Simpsons' friend Cora Fischman or Al Cowlings.
Baker pinned his new glove theory on several different points. Fung testified that when he collected the Bundy glove it had a pebble embedded in the ring-finger knuckle -- a fact confirmed, Baker said, by Det. Mark Fuhrman's notes. Baker displayed a picture of the glove taken at the crime scene that also appeared to show damage on the ring finger. The defense lawyer then produced the actual glove -- which had no pebble or hole where one might have been. Other discrepancies Baker pointed out were that the Bundy glove did not seem to have any wear and tear on it, and that the lining of the glove appeared white in the photograph and brown on the actual glove in evidence.
Baker's questions were confusing, and he never actually suggested when or how the gloves may have been switched. But the defense lawyer had Fung agreeing with him at one point that the glove in the photo and the glove in evidence were different.
"I'm not sure that this is the same glove," Fung said, studying the evidence.
"I'm pretty sure it isn't," replied Baker. "There isn't any damaged area on the ring finger of this glove."
Later in the examination, however, Baker was not as friendly.
"Explain to the jury," Baker asked Fung in a thundering voice, "how the stone and the hole, after you collected them, just disappeared."
The plaintiffs, apparently surprised by the new theory, barely cross-examined Fung. Plaintiffs lawyer Thomas Lambert noted that Fung only collected the evidence, and was not responsible for preserving it.
Another LAPD employee, Sgt. Stephen Merrin, testified briefly this morning as well. Merrin told the jury about a call he received while manning the Wilshire community police station in Los Angeles at about 10:30 p.m. on the night of the murders. The female caller, who told Merrin she worked at a local television station, asked him if the police "were sitting on two bodies on the west side." The defense suggested that the call, which came in before police say Nicole Brown Simpson and Ronald Goldman were killed, was about the murders. No other double homicides were committed in west Los Angeles that night, Merrin said. However, on cross-examination the officer noted that he takes about 15 calls a night from the press and that his station was not in the same jurisdiction as Brentwood, where the murders took place.
After Judge Fujisaki limited Kaelin's testimony, the defense did not ask the infamous houseguest many questions. They did point out one main discrepancy in Kaelin's testimony -- about the dark sweatsuit he claims to have seen Simpson wearing the night of the murders. Kaelin testified that Simpson wore the sweatsuit to McDonald's earlier in the evening and when he got into the limousine to go to the airport later that night. However the limousine driver and other witnesses at the Los Angeles airport say Simpson was wearing a jean outfit.
The defense also hammered at Kaelin for seeking publicity about his role in the case. "You've made a career out of this case, haven't you?" Baker asked.
"No," replied Kaelin.
-Robert Schmidt
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