Simpson won’t get mistrial in Florida road rage case
A Florida judge denied O.J. Simpson’s request for a mistrial, ruling that the notorious criminal defendant had not been prejudiced by some questionable behavior by his jury last week.
At the end of day last Thursday, while lawyers were conferring with Judge Dennis Murphy at side bar, the jurors took the opportunity to talk among themselves about some testimony. Calling this behavior “a violation of fundamental due process,” Simpson defense attorney Yale Galanter argued Monday that only a new trial could remedy the damage.
“They are clearly discussing what they believe the testimony and evidence means to them as it is occurring, without hearing the end of the state’s case, the defense’s case, and summations. Once these conversations occur, we are prejudiced,” he said.
Prosecutor Paul Mendelson acknowledged that the jurors violated instructions by holding the conversation and called the decision by jurors to discuss the case “misguided.” But, quoting repeatedly from jurors’ description of the incident, he argued that “the discussions were only for the purpose of clearing up the confusion that jurors had about the testimony.”
Judge Murphy sided with the prosecution, echoing Mendelson’s sentiments that no prejudice had occurred.
The decision may actually have been a relief for Simpson, who, according to Galanter, was strongly opposed to a mistrial.
Simpson, 54, is charged with auto burglary and battery in connection with a road rage confrontation on December 4, 2000, with neighbor Jeffrey Pattinson.
Prosecutors say that Simpson sped through a stop sign and then confronted Pattinson when the man honked at him. The former running back allegedly swore at Pattinson for some time, then reached into the victim’s car and grabbed his glasses from his face.
Simpson says Pattinson was the aggressor in the confrontation and denies taking the man’s glasses.
Testimony resumed Monday around 10:15 a.m. ET with Pattinson’s wife Judith taking the stand describing how shaken her husband was after the incident.
Police officer Elsner Brown, a specialist in fingerprint identification, also took the stand and described analyzing a latent print lifted from Pattinson’s sunglasses.
Brown testified that the print from the sunglasses matched a sample of Simpson’s right thumb print. But on cross-examination, the officer acknowledged that none of Simpson’s prints were found on the door, window, or dashboard of Pattinson’s vehicle.
Prosecutor Abbe Rifkin rested her case after Brown left the stand. Galanter will call witnesses for the defense, possibly including Simpson and daughter Sydney, this afternoon.
Testimony resumes at 1:30 P.M.