Remembering What Didn’t Happen?

In NPR’s Jeremy Hobson’s Here and Now interview with TV critic Eric Deggins on Feb. 2, 2016, about the FX drama “The People vs. O.J. Simpson” Jeremey said the show reminds us of so much we forgot about that happened in the 1994-95 Simpson trial.

So I told Jeremy (yes, I talk to the radio, also to the TV), “That’s because so much that’s being portrayed in the FX miniseries didn’t happen.”

An example is the prominent role Kris Jenner, ex-wife of defense counsel Robert Kardashian, has been given. Her pre-“The People vs. O.J. Simpson” comments have her in the courtroom, hanging onto every word throughout the trial.

No. She showed up on one day only. That was Sept. 27, 1995, more than nine months after the trial started and less than a week before it ended with not-guilty verdicts. She sat with her then-husband Bruce Jenner and friends Steve Garvey and Garvey’s wife.

 Photo courtesy of MPJI/HGSTAR1 NEWSPHOTO taken on Sept. 27, 1995, by Photojournalist Haywood Galbreath 

My huge problem with this series and with so much that has been written and portrayed about that case and the trial is the perpetuation of misperceptions, myths and fantasies that just didn’t happen.

Kris Jenner’s 9-27 OJS Trial Photo Finish

Photojournalist Haywood Galbreath, the only photographer  who shot pictures in Judge Lance Ito’s courtroom every day of the O.J. Simpson trial, saw a previous blog post in which I wrote that the only day I knew of that Kris Jenner attended the OJ Simpson trial in person was Sept. 27, 1995, less than a week before the trial ended in not guilty verdicts. Here’s the photo Galbreath took that day, Sept. 27, 1995, of Kris Jenner, her then-husband Bruce Jenner on her right, and to her left Steve Garvey’s wife and Steve Garvey.

MPJI/HGSTAR1 NEWSPHOTO

Galbreath says he took took pictures of people (who thought they were somebody) who showed up in the courtroom.

Kardashian-Jenner Ex a One-Time Show

I’m trying to square this as reported in People magazine:

“Kris Jenner still recalls sitting in the courtroom during the trial of O.J. Simpson, hanging on every word, still grieving the loss of her best friend, Nicole Brown Simpson.”

According to my records and memory, Kris Jenner made it into the courtroom a grand total of once, and that was Sept. 27, 1995, a full 15 months after Nicole Brown was murdered and more than nine months after the trial’s opening statements.

That’s right, more than nine months after the trial’s opening statements. That means, while she was indeed pregnant–very pregnant according to my memory of her that day–as the People piece points out, she became so after the trial began. That should be neither here nor there, except that almost every mention of her in connection with the trial includes a reference to her being pregnant.

What merits noting is that she was not a frequent courtroom attendee. Here’s my account in Anatomy of a Trial of the only day in my records that Kris and her husband at that time, Bruce Jenner, came to the Simpson trial:

“Another day of a strange star alignment occurred less than a week before the trial ended. On September 27, Ito had given the two courtroom seats he held in reserve for his use, generally for visiting judges, his parents or other relatives, to a songwriter, David Foster, he knew and Foster’s wife. The wife had previously been married to former Olympian Jenner. And there in court that same day was Jenner with his current wife, who was the ex-wife of Simpson attorney Robert Kardashian.^[i] The Jenners sat with former baseball star Garvey and his wife, who, months earlier, had been a prosecution witness.

            “While the media didn’t miss a chance to report on celebrity comings and goings, their accounts were silent on the non-stars he met with, often sacrificing lunch or a couple minutes of down time to do so.”

[i].  Author’s notes, Author’s journal, September 27, 1995.

Marcia, Marcia, Marcia! Geez

The Los Angeles Deputy District Attorney, Marcia Clark, who was the lead prosecutor on the 1995 O.J. Simpson murder case, was interviewed not long ago and included as part of a promo barrage for a made-for-TV fantasy drama due to air next year.

In the interview with ET, she said, “I knew if there was a verdict, it was going to be a not guilty, and still there was that little part of me that said, ‘But they can’t! They can’t do it.'”

My reaction was, just believing a defendant is guilty isn’t enough, Marcia. You had to make the jury think so, too. Beyond a REASONABLE doubt.

Clark might have thought “The evidence was overwhelming” as she told ET, but I think there was plenty of evidence proving that she didn’t use the evidence she thinks was overwhelming to prove Simpson’s guilty beyond a reasonable doubt to the jury. Two glaring examples of what might have planted seeds of doubt in jurors’ minds are(1)  having Simpson try on gloves that were guaranteed not to go on over his latex-clad, arthritis-swollen hands, and (2) the lead detective on the case committing perjury on the witness stand.

One bit of fantasy being promoted as fact in the upcoming TV drama is this contention: Kris was often present in the courtroom with Caitlyn Jenner, formerly Bruce Jenner, as Kris’ ex-husband Robert Kardashian was a part of Simpson’s legal “Dream Team.”

All I can say is, NOT! The Jenners showed up one day very late in the trial, Sept. 27, to be exact, and sat with their buddies former Dodgers pitcher Steve Garvey and his wife. I wrote about that strange spectacle on page 67 of Anatomy of a Trial.

 

Oh, My! How Times Did Change!

Jenner and Garvey.

Sit with victims’ family.

Athletes day in court.

9/27/95

Former Olympian Bruce Jenner and former Dodger Steve Garvey came to court and sat in the section reserved for the victim’s families.

This was such a strange situation — Jenner, who was male back then, was married to Simpson lawyer Bob Kardashian’s ex-wife, Kris, who bore children by both men.

Here’s an excerpt from my book, Anatomy of a Trial, about that one day a week before the trial was over:

“Another day of a strange star alignment occurred less than a week before the trial ended. On September 27, Ito had given the two courtroom seats he held in reserve for his use, generally for visiting judges, his parents or other relatives, to a songwriter, David Foster, he knew and Foster’s wife. The wife had previously been married to former Olympian Jenner. And there in court that same day was Jenner with his current wife, who was the ex-wife of Simpson attorney Robert Kardashian.^[i] The Jenners sat with former baseball star Garvey and his wife, who, months earlier, had been a prosecution witness.

[i].  Author’s notes, Author’s journal, September 27, 1995.

Even though Kris Jenner graced the court only one day of the trial — and that was vary late in the game — she has been made into a major character in a made-for-TV drama about the trial that’s being billed as what you never knew about the O.J. Simpson case that’s to air next year. The fiction goes on.

Hiring ‘Reality’ Star Won’t Make it the Real Deal

As the makers of the upcoming Simpson murder trial TV series on “American Crime Story” continue to hype names of cast members who will portray trial participants, signs loom that the TV production will be as problematic and flawed as the book its based on.

Today’s announcement was that Lisa Rinna will play Kris Jenner.

If the series is to bear any semblance of reality, and I have my doubts, considering the source of the material, Rinna will have little more than a walk-on part. Kris Jenner attended the trial a grand total of one day. During her brief time in the courtroom, she sat in her nearly nine-month bun-in-the-oven condition next to her husband of the moment, Bruce Jenner, while her husband of a previous moment and member of Simpson’s defense ‘dream team’, Robert Kardashian, sat at the defense table next to his famous client.

There was nothing note-worthy or even interesting about Kris Jenner’s presence in the courtroom.

The now infamous “Kardashians” at that time in 1995 were a thing long into the future.

In an apparent attempt to inflate Kris Jenner’s connection to the trial, ACS promoters point out that Kris Kardashian-cum Jenner and murder victim Nicole Brown gal pal Faye Resnick, whose dashed-off book hit news stands before the trial’s opening statements even got underway, were both friends of Nicole Brown.

Methinks, the following observation in The Celebrity Cafe.com story is the real reason for the Rinna-Jenner creation and the need to pump up Kris Jenner as a trial participant:

“A source also said that producers are excited for ‘the publicity that will come from hiring Lisa.’”

Oh, that Simpson ACS creators would base their series on Anatomy of a Trial — or at least read it.

Sideshows Spawned by Simpson “Media Circus”

This story, How the O.J. Simpson trial paved the way for all things Kardashian, published a few days ago, raises an interesting point:

Would any of the Kardashians have made it big, or even have made it small, were it not for their patriarch, Robert, who was a confidante of O.J. Simpson and a member of his defense team?

I remember Kris at the trial in one of the more bizarre events during court proceedings — and there were a lot! Here’s how I recounted it in “Anatomy of a Trial”:

“Another day of a strange star alignment occurred less than a week before the trial ended. On September 27, [Judge Lance] Ito had given the two courtroom seats he held in reserve for his use, generally for visiting judge, his parents, or other relatives, to songwriter David Foster, whom he knew, and Foster’s wife. The wife had previously been married to former Olympian [Bruce] Jenner. And there in court that same day was Jenner with his current wife [Kris], who was the ex-wife of Simpson attorney Robert Kardashian. The Jenners sat with former baseball star [Steve] Garvey and his wife, who, months earlier, had been a prosecution witness.”

While it’s unknown if the Simpson trial was the Kardashians’ soda fountain counter stool [a la Lana Turner], the Zap2it writer, Sarah Huggins, of the above referenced article did correctly label the spectacle attendant to the trial, although probably not as she intended. That label was “media circus.”  While there certainly was a media circus surrounding the the trial, hard as they tried to make viewers and readers believe the trial itself was a circus, all the circus antics were outside the courtroom — including the demeaning little joke defense attorney Robert Shapiro pulled on Deputy District Attorney Chris Darden, which occurred in the back hallway behind the courtroom.

As the two lawyers were coming out of Ito’s chambers, Shapiro pointed to Darden’s necktie and appeared to ask him something about it. When Darden looked down at his tie, Shapiro brought his finger up and chucked Darden sharply under his chin. Shapiro smirked and said something I didn’t hear, but Darden looked humiliated.

Very Strange Odd Couples

The headline, Faye Resnick Parties at Kris Jenner’s 59th Birthday Party!, which popped up in the news a day or two ago, sparked a throwback moment for me.

The day was Sept. 27, 1995. As described on page 67 of Anatomy of a Trial: Public Lost, Lessons Learned from The People vs. O.J. Simpson:

“Another day of a strange star alignment occurred less than a week before the trial ended. On September 27, [Judge Lance] Ito had given the two courtroom seats he held in reserve for his use, generally for visiting judges, his parents, or other relatives, to songwriter David Foster, whom he knew, and Foster’s wife. The wife had previously been married to former Olympian [Bruce] Jenner. And there in the court that same day was Jenner with his current [extremely pregnant with Kendall] wife [Kris], who was the ex-wife of Simpson attorney Robert Kardashian. [Yes, THAT Kris Kardashian.] The Jenners sat with former baseball star [Steve] Garvey and his wife, who, months earlier, had been a prosecution witness.”

The most surprising and totally inexplicable after glow of that trial and Kardashian-name ride was the meteoric rise of the Kardashian girls and brand.  Granted, Kim, was only 14 — about to turn 15 — when the Simpson verdicts came in and the trial ended, but I’ve often wondered what, if any, the name recognition her dad achieved, thanks to his role in the Simpson case, had to do with the fame his ex and progeny gained nearly two decades later.

Be Careful Where Camera Goes

The good news is a state that historically has not allowed camera coverage in its trial courts is going to.

Illinois’ chief justice said yesterday that his state’s supreme court will be changing its policy as of Tuesday.

“The idea behind this is simple. We need to have the courts be more open,” Chief Justice Thomas Kilbride is quoted as saying in the Quincy (IL) Journal. http://quincyjournal.com/illinois-supreme-court-to-ok-cameras-in-trial-courts1327417976.html

Only 13 more states to go, although some whose rules already do–on paper–allow cameras, in reality don’t. The reason is the judge presiding over a case and all parties involved in the case must agree to allow camera access. And that has proven to be next to impossible.

While the Illinois court system is making the right move and I champion courtroom-camera coverage in almost all circumstances, I do question the placement of some cameras in a new courthouse being planned for Illinois’ Lake County.

The  courtrooms are to be equipped with two cameras each, Lake County courts Chief Judge Fred Foreman told a reporter there. One will be above the judges’ heads and the other will be over the entrance into the courtroom positioned so that jurors will not be recorded.  http://newssun.suntimes.com/news/18648806-418/chief-judge-cameras-in-county-courts-may-be-ready-soon.html

That would certainly satisfy the news media’s wish to be able to place their cameras in the front of a courtroom near the judge’s bench so they can get faces instead of backs of heads and an overall view of participants and spectators.

That would have been possible in California, the judge in a case permitting, until a decade-and-half ago.

I didn’t have a strong opinion about it, except for thinking that where ever cameras were placed they should be unobtrusive, and having them under the judge’s or court clerk’s nose was hardly unobtrusive.

A change in  California courts camera-access rule in 1997 to include a ban photographing or showing courtroom spectators on television, however, brought into sharp focus the ramifications of photographing/televising courtroom spectators.  http://www.courts.ca.gov/cms/rules/index.cfm?title=one&linkid=rule1_150

While I wasn’t particularly enthusiastic about some of the provisions in the rule changes that made it more restrictive, I came to appreciate that one.

One reason was because, even though the cameras covering the 1995 O.J. Simpson trial in the Los Angeles Superior Court, where I worked, generally didn’t focus on celebrities who graced that courtroom, perhaps hoping for a cameo shot, that trial certainly did become THE place to be seen. Folks such as faux-sensational journalist Geraldo Rivera; an extremely pregger Kardashian mom Kris Jenner and her current hubby, past-decalthete Bruce Jenner; actors James Wood and Richard Dreyfuss, and TV-magazine host Barbara Walters were among the fortunate ones to actually get in. They might not have even tried, though,  if there were no chance of making the evening news.

Another, and I think more important, reason is to respect the dignity and grief of victims’ and/or victims’ relatives’, some of whom plain long shouldn’t be photographed or televised at all.

An example is a 4-year-old child who was 2 when he was injured and his 3-year-old sister killed by gunfire after the car they were in took a wrong turn into a gang-infested neighborhood alley. The boy was in the courtroom during the sentencing hearing of the men who were convicted in the shooting and would have been televised if the camera crew hadn’t been told to stop  just before the TV camera got the child in its sites.

It’s one thing to have a security camera positioned to get a full view of the courtroom, but another for a news media camera to be in that position.

It might be a good idea for Chief Judge Foreman and other Lake County officials to reconsider that decision.

When Kendall Jenner was Still in the Oven

This so wild!

Here’s a video of the Kardashian girls’ 17-year-old half sister, Kendall Jenner, flashing a new tattoo. http://www.aol.com/video/kendall-jenner-shows-off-body-art/517678765/?ncid=wsc-video-cards-headline

What’s wild isn’t the tattoo, although that’s bizarre enough. (It’s the profile of a skull wearing an Indian headdress.) The wild part for me is that the lovely young Kendall was the babe in Kris (Kardashian) Jenner’s tum the day she showed up at the infamous 1995 O.J. Simpson criminal trial in Los Angeles.

I noted Jenner’s appearance in the courtroom in my book (page 67) as “Another day of a strange star alignment.”

In court that day was songwriter David Foster and his wife who previously had been married to former Olympian Bruce Jenner. A row behind the Fosters and across the aisle sat Bruce and a very pregnant Kris Jenner. And sitting at the defense table with Simpson was Kris’s former husband, Robert Kardashian.

All of those connections were way closer than those six degrees of Kevin Bacon.