Week 5

February 20 - 24, 1995

FEBRUARY 21 - The answer to one of the lingering questions in the case was answered when a police detective said Nicole Brown Simpson was killed first, then Ronald Goldman.

Detective Tom Lange said he reached this conclusion based on the crime scene evidence that included a lack of blood on the bottom of Nicole Simpson's bare feet.

She "perhaps went down initially before a fight really ensued with the other victim," Lange said. She "obviously didn't walk through the blood during the struggle."

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The detective said there was blood on the soles of Goldman's white shoes and blood soaked through one toe. This, he said, showed that Goldman struggled with his assailant while Nicole Simpson's blood flowed nearby. Goldman, whose body was curled around a tree stump, also had defensive wounds on his hands, and his shirt was pulled up his back, the detective said.

The prosecution's theory of the case is that Nicole Simpson was the intended target and Goldman was killed when he came upon the scene.

Lange said his 20 years of experience as a homicide detective helped him to analyze the blood spatters and other evidence to piece together the slayings. He explained to the jury how Nicole Simpson was found in a semi-fetal position, her arm and hand extended in a "death grip."

During his testimony, Lange told of how he called Nicole Simpson's family to break the news of her death. He said her sister Denise Brown got on the phone and began to scream hysterically.

Under questioning by prosecutor Marcia Clark, Lange detailed many of the actions of detective Mark Fuhrman. Fuhrman, who alerted other investigators that he had found a bloody glove at Simpson's estate, has been attacked by the defense as a racist who planted evidence to incriminate Simpson.

As he did during the preliminary hearing, Lange explained why the four detectives decided to climb over a wall onto Simpson's property rather than wait for a search warrant. Lange said the detectives had several reasons to act as they did: there was a light on in the house and no one answered the door; a maid said to have been inside was not; and Simpson's Ford Bronco was parked "at a funny angle," with what looked like a bloody splotch on the passenger door.

"I felt that someone inside the house may be the victim of a crime, may be bleeding or worse," Lange said. "Fuhrman was standing closest to the left side of the gate. He said 'I can go over the wall.' I said, 'OK. Go.'

Meanwhile, the woman who could provide O.J. Simpson with an alibi was ordered to appear in court on Friday. Judge Lance Ito said both sides would have a chance to question Rosa Lopez, a maid for Simpson's neighbor. The defense has said Lopez saw Simpson's Ford Bronco at his estate at the time of the murders.

Lopez disappeared last week but then resurfaced, and her attorney said Tuesday that she wanted to leave the country and return to her native El Salvador in about a week.

Judge Ito scheduled a "conditional examination" of Lopez, which will be done outside the jury's presence. If the judge concludes Lopez might flee, she either will be ordered to testify and cross-examined on videotape which can be played back to the jury later if she is still unavailable. Or, the prosecution case will be interrupted so the defense can have her testify immediately.

FEBRUARY 22 - The defense continued to try and show that police investigators were sloppy and that the evidence can't be trusted.

Detective Tom Lange conceded that he ordered a criminalist to take samples from blood found on the back gate at Nicole Brown Simpson's home on June 13, but those samples were not actually taken until July 3. The prosecution has said that at least one blood sample matches O.J. Simpson's blood type.

FEBRUARY 23 - Judge Lance Ito and Christopher Darden engaged in a bitter exchange with the judge citing the prosecutor for contempt of court.

The dispute was finally resolved when Darden formally apologized to the court for his conduct , but the apology was slow in coming.

At one point, it appeared the stubborn prosecutor would fight the contempt citation. After the judge told Darden that all he had to do was admit his mistake and apologize, the prosecutor said he wanted a hearing on the issue.

"That says you want to fight," the judge responded. "Do you want to fight some more with the court? You're welcome to do so."

The altercation stemmed from a sidebar conference between the lawyers and the judge over an objection by Deputy District Attorney Marcia Clark over the way defense attorney Johnnie Cochran was cross-examining detective Tom Lange. The prosecutor was upset by Cochran's questioning of Lange about Faye Resnick -- the friend of Nicole Simpson who wrote a book about the Simpson's marriage and who moved into Nicole Simpson's home several weeks before the murders.

According to the transcript of the discussion, Cochran threw a jibe at the prosecution team, saying, "They obviously haven't tried any cases in a long time and obviously don't know how. But this is cross-examination."

Darden: "Who is he talking about, doesn't know how to try the case."

Judge Ito: "Wait, Mr. Darden."

Darden: "Is he the only lawyer that knows how to try the case?"

Judge Ito: "I'm going to hold you in contempt."

Darden: "`I should be held in contempt. I have sat here and listened to ... (interrupted by Ito.)

Judge Ito: "Mr. Darden. I'm warning you right now."

Darden: "This cross-examination is out of order."

The sidebar then ended abruptly and Ito sent the jury out of the court while he dealt with the contempt issue, for which he could have fined or even jailed the prosecutor.

FEBRUARY 24 - Judge Lance Ito ruled the defense could interrupt the prosecution case to present a crucial alibi witness.

The ruling followed an extraordinary all-day hearing during which the witness - Rosa Lopez - promised to return to court to testify Monday rather than flee to her native El Salvador over the weekend.

Lopez, who worked next door to O.J. Simpson's estate, is expected to testify that she saw Simpson's Ford Bronco parked there at the same time the prosecution contends he was killing Nicole Brown Simpson and Ronald Goldman.

Lopez told the court that she planned to immediately leave for El Salvador, complaining of harassment by reporters and expressing fear for her safety and that of her family.

Although the prosecution argued that it was an empty threat, Judge Ito agreed with a defense request to videotape her testimony in case she is not available to testify in person when the defense presents its case. But the judge then changed his mind and ordered the sequestered jury brought to court for a nighttime session at which the defense would have presented Lopez's testimony. He then changed direction again, after prosecutor Marcia Clark said she couldn't work late Friday night because of child-care problems.

Ito then summoned Lopez to court and told her she could either promise to return Monday or spend the weekend in jail to keep her from fleeing. Before giving her word, a sobbing Lopez made one final plea: "I don't want to be here any longer. All these reporters have destroyed my life. I can't go out anywhere. I am so afraid of so many things I don't know what to say."

The prosecution argued that Lopez was not to be believed. "There are contradictions made under penalty of perjury. You can't believe anything Rosa Lopez says at this point," said Deputy District Attorney Christopher Darden. For instance, he argued that Lopez had booked a round-trip ticket to El Salvador even after she claimed on an affidavit she would permanently leave the country.

WEEK 6