Tag Archives: FX

Hell Hath No Fury Like a Woman Loser

Former Simpson prosecutor Marcia Clark, with guns blazing, is rising from the ashes of her humiliating defeat with the 1995 acquittal of O.J. Simpson in the murder of his ex-wife, Nicole Brown, and her friend, Ronald Goldman. Clark’s resurgence is due, in part, to a wave of sympathetic publicity with a recent airing of an FX multi-part melodrama.

She has narrowed the focus of her shotgun spray of blame that riddled her 20-year-old multi-million-dollar co-written post-trial memoir and taken aim on just the trial judge.

Although never camera or reporter-notebook shy in the years since penning that memoir, Clark is capitalizing on her newfound fame by targeting Los Angeles Superior Court Judge Lance Ito, who retired last year, with a revisionist trial  history extraordinaire.

The first fabrication that hit my radar was an interview a few weeks ago in which Clark claimed that Ito was the one who came up with the idea for Simpson to try on the so-called bloody gloves that led to defense attorney Johnnie Cochran’s now-infamous line, “if it doesn’t fit, you must acquit.”

Despite being in the courtroom and behind the scenes every day, meeting with Ito daily–sometime several times a day, keeping up with the media coverage and reading, hearing and writing a lot about the case in the years since, I had never heard anything about Ito coming up with the idea to have Simpson try on the gloves.

Rather than rely solely on my memory, although I would have  had to be deep in the clutches of dementia to have forgotten something that significant, I checked with a reporter who attended every day of the trial and probably had the best access to all of the lawyers in that case, and, eventually to Simpson himself.

“I never heard any such thing and think it’s an effort to rewrite history,” the reporter said.

I also checked with one of Ito’s law interns who worked in his chambers and was privy to every aspect of the case. Like the reporter, the law intern knew about or had heard anything like Clark’s assertion.

“Uughh,” the law intern, who is now a practicing attorney with her own firm, wrote in reply to my question. “I was there that day and I have no memory of the gloves idea coming from Judge Ito. As usual he had the job of ruling on their asinine ideas. She [Clark] continues to disappoint as a female attorney role model. She really has no moral compass.”

I’m pretty sure I know about the ethics of a judge presiding over a criminal case suggesting to lawyers on either side how they should present evidence. For confirmation, I contacted a judge who sat on the LA court bench during years I worked there, and who has since retired and is currently a private judge.

Such a comment would be very inappropriate for a judge to make, the retired judge said. “Even if it takes the form of ‘why don’t you’ do this or that, it would look like the judge was trying to assist that side. That is clearly unethical.”

To have done so without defense attorneys present would constitute ex parte communication, which is, without a doubt, judicial misconduct.

Given the scrutiny that trial, the judge and the parties got, it’s a sure bet that any such suggestion would have been found out and the judge would have been subject to reprimand, at the very least. Plus, Ito was absolutely assiduous to make sure he did everything completely by the books to prevent a mistrial or be overturned on appeal, should Simpson be convicted.

In other words, Clark pulled that little gem of finger pointing from some orifice other than her mouth.

In another interview, this time on Late Night with Seth Meyers, she said she had never had a judge be so openly sexist as Judge Ito was.  Judge Ito is many things, but sexist isn’t one of them, to which, I dare say, females in his personal and professional life, will attest.

Clark is quoted in Monday’s New York Daily News describing Ito as “unprofessional” and criticized him for allowing the trial to be “turned into a circus” because he allowed it to be televised and for “his infatuation with the media.”

Ho boy.

First, at one point in a hearing on whether to allow cameras, Clark advocated for televising the trial.

“Allowing cameras to remain in the courtroom would give the public the opportunity to see what the evidence actually is and to hear the truth,” she told Ito during a November 7, 1994, hearing on whether or not to televise the trial. “The best way to refute unfounded rumors and wild speculative theories is to permit everyone to see and hear the evidence that is presented in court. … No matter how thorough and fair reporters are, their coverage cannot equal the evidence of witnessing a trial first hand.”

Second, although plenty of antics went on nonstop outside the courtroom and around the courthouse, there was no circus in the courtroom — plenty of video footage exists and the trial transcript proves that. However, Clark herself was one of the clowns Ito struggled to keep reined in.

Attorneys’ conduct so egregious, including that of Clark — in spades — that Ito, after repeatedly fining them, finally resorted to issuing a court order spelling out what they could and could not do — down to “no eye rolling.” I included the entire text of that order on pages 136-137 in my book, Anatomy of a Trial. Even then, he continued to have to fine them and threaten to hold them in contempt because they refused to behave. The amount in fines Ito levied against the Simpson trial attorneys — on both sides — exceeded that of any criminal trial in the state’s history at that time.

So far as being “infatuated with the media” is concerned, disappointment or even contempt for many of them would be more accurate as he witnessed their excesses and making him the brunt of their exaggerations and misrepresentations.

In that Daily News interview, Clark said, “He sits down for a six-part interview in the middle of the trial about his life. Who does this?”

What Clark is misremembering is (1)  Ito didn’t sit down for a six-part interview and (2) an interview he did do wasn’t in the middle of the trial.

Months before the Jan. 23, 1995, opening statements, a TV reporter asked to interview Ito in connection with the opening of an L.A. museum exhibit of the World War II Heart Mountain Japanese internment camp in Wyoming, which is where a man and woman who married and became Ito’s parents met. After long consideration and conferring with a number of people, he finally decided to do it, but only with the assurance that the subject would not be the Simpson case but would focus only on the exhibit and the issue of Japanese internment. He also insisted on several other conditions, including that the station not promote the interview in advance and would air it only once and that would be during an 11 p.m. newscast.

As described on page 25 of Anatomy of a Trial the station violated every condition, including buying full-page newspaper ads and splitting the interview into six parts, which aired in six consecutive broadcasts.

Then there was this in a June 14, 2016,   Chicago Tribune article:

“Clark said that while she was generally pleased with the FX series, it failed to capture how Ito was ‘entranced by his media moment’ and ‘the steady stream of celebrities coming in and out of chambers’ during the trial. Sometimes the celebs Ito had invited backstage demanded to meet her, too, she said.

“‘I’m actually trying a lawsuit … I don’t need to meet Jimmy Dean,” she said of one encounter with the crooner-turned-sausage king. “I mean, I love your sausage, sir!'”

Did celebrities show up at the trial? Yes, as more and more it became the place to be seen. Many were, themselves, members of the media. And yes, some did meet Ito in his chambers, although I would hardly describe it as a “steady stream.” And one, which became a disastrous fiasco, was entirely my doing,  which I have rued every since.

But Jesus, Jimmy Dean? I saw neither of them. Neither did I hear or know of any who even asked, much less demanded to meet Clark. I don’t know of any who thought she was worth their while. So maybe her bruised ego is prompting her to make such a claim now.

“This is disgusting,” the reporter I talked to about Clark’s glove claim said. “She is trying to sell her books and somehow find absolution for her inept performance 22 years ago. To attack Ito is beyond the pale.”

What does Ito have to say about all of this?

Nothing. Which is what he said during, and has continued to say since, the trial. At least not publicly, which is why Clark thinks she can say whatever she wants without consequence. Given that Ito has consistently refrained from speaking out against his critics, Clark can be pretty sure he won’t now.

While Clark and her ilk have capitalized on their fame from the trial over and over and in many forms and formats, Ito hasn’t. He hasn’t written a book or gone on the rubber-chicken circuit or hauled in huge speaking fees like Clark has and is continuing to do.

I’m pretty sure he won’t speak up this time either. Clark probably isn’t worth his while.

 

Few Surprises in ESPN Simpson Documentary

I’m more interested in watching the ESPN-produced documentary, “O.J.: Made in America”, which debuted last night, than I was the FX melodrama series aired earlier this year, primarily because it is a documentary.

Granted, documentaries can be skewed to favor a point of view or even “prove” something that isn’t, but at least documentaries are composed of actual footage and interviews with real people.

While the first part, carried on ABC last night, contained few surprises for me, I was surprised at what Dave Nemetz, writing for The Hollywood Reporter, in “‘O.J.: Made in America’: 8 Things We Learned From Part 1“, said he learned that he didn’t know.

The one thing I didn’t know about was Simpson’s father’s sexual orientation. In fact, I don’t ever recall any mention of his father.

But the rest? That Simpson was a living legend in L.A., that he didn’t want to get political and could talk himself out of trouble, was almost a bust in the NFL, his breakthrough role in TV ads, his mediocre acting ability–at least, in his roles as an actor–and his early encounters Nicole Brown was pretty much common knowledge to those who (1) are old enough to remember, (2) lived in L.A. and (3) paid attention to sports. Maybe Nemetz benefited from none of that.

One thing I did learn that Nemitz didn’t mention was how far back former LAPD officer Ron Shipp and Simpson’s relationship goes. Back to Shipp’s school years. I had thought it was much more recent–dating from when Simpson lived in his house in Brentwood.

While my knowledge of last night’s Part I was based on being old enough and exposed to sports enough and living in L.A., it will be interesting to see what I learn from Part II, which airs Tuesday night, as it focuses on my direct, first-hand knowledge of Simpson’s 1994-95 murder trial and many of the issues that swirled around that.

Stay tuned.

 

 

http://www.hollywoodreporter.com/live-feed/oj-made-america-part-1-901650

Where Have You Been, Gil Garcetti?

Former L.A. District Attorney Gil Garcetti has been encased in an impenetrable 20-plus year bubble or has dementia.

Simpson’s lawyers telling him to stop taking his arthritis medicine so his knuckles would swell, making the gloves difficult to get on was widely discussed, at least by members of the media, for months after the trial.

Yet the news is replete with sensational headlines these days about Garcetti not knowing about such a thing until he saw the FX Crime Story melodrama and about these startling “new details” in the case as the “news” media sinks further and further into grabbing readers and viewers at any cost muck.

 

Sloppiness Does Miniseries Credibility Damage

Although I took exception with the FX miniseries People vs. O.J. Simpson perpetuation of the mischaracterization of Simpson trial judge, Lance Ito, the creators and cast of the drama got a lot right.

Sarah Paulson absolutely nailed it as Marcia Clark, Sterling K. Brown was certainly a believable Christopher Darden. and Joseph Siravo was credible as Fred Goldman. The rest of the cast, except for Kenneth Choi’s voice in his role as Ito, might as well have been playing characters in some unrelated production.

The story line and conflict, also, are fairly accurate so far as what happened in the courtroom. I don’t know about what went on in any private conversations, except those in Ito’s chambers at which I was present. What bugs me, aside from the misrepresentation of Ito, is so much that wasn’t accurate out of sheer sloppiness that was easily avoidable.

It’s unlikely that I’ll hit everything here, but I can at least offer some examples. A couple of observations I made in previous posts on this blog.

One was early on in a scene in which Marcia Clark was standing on the balcony outside the District Attorney’s office in the Criminal Courts Building. That balcony was only a few floors up, probably the third of fourth floor. The District Attorney’s Office was, and still is, on the 18th floor, one floor from the top of the building.

Another was a completely fabricated meeting Ito purportedly had in his chambers with former movie producer-turned author Dominick Dunne. In that scene Ito is depicted pulling open a desk drawer, taking out an autographed picture TV personality Arsenio Hall had sent the judge and showing it to Dunne as if Ito thought it was some terrific get or coveted souvenir.

Rather than just sloppy, that scene had to be a deliberate fantasy. That’s because the miniseries was based on a book published by CNN commentator and writer Jeffery Toobin. Rather than Dunne, it was Toobin to whom Ito showed a photo of Hall. Toobin didn’t forget about that meeting or just misremembered that it was Dunne to whom Ito showed the picture. Toobin wrote about it in his book — sort of.

Here is my account, taken from my notes taken that day and an audio journal entry recorded that evening:

“Like many of his colleagues, Toobin clambered to meet Ito. Ito said no.

‘He’s a month behind the time,’ Ito said in reply to one request in mid-September of 1994. ‘He’s too late.’[i]

But Toobin persisted.[ii]

‘Just a few minutes with the judge,’ he pleaded on another occasion. ‘Just to say hello, to introduce myself and, as a lawyer, shake the judge’s hand.’

In February Ito finally relented, but said to bring him in at the end of the lunch break so he could limit his time with him. As I escorted Toobin to Ito’s chambers, I delivered my spiel that everything, once he crossed the threshold, was off the record. As usual, all manner of files, documents, mementos and other paraphernalia cluttered Ito’s chambers. As Toobin observed the surroundings, Ito showed him what he thought was an example of how crazily things had gotten with public interest in the trial. It was a note television personality Arsenio Hall had sent him in which he compared Ito’s job to President Bill Clinton’s, saying that Clinton has the second hardest job and that Ito had the hardest.[iii] With a shake of his head, Ito said he found it strange that people, even celebrities, apparently wanting to be part of or to somehow relate personally with the trial, would send the court notes and photographs and souvenirs.

‘You would think these people would have something better to do,’ he said.[iv]

But that’s not how Toobin told it. Nearly a year after the trial, Toobin hit the talk-show circuit to promote his book.[v] In recounting his meeting with Ito, he said the judge wanted to meet him and had ‘summoned’ him for a visit in chambers. Toobin’s tale was not only unethical because he violated the off-the-record condition, he reshaped it, apparently to support his characterization of Ito as behaving like ‘just another celebrity-crazed resident of Los Angeles’ and having ‘starry eyes.’[vi] Ito’s point in showing Toobin the Arsenio Hall note was to underscore how obsessed people had become with the trial. But that obviously wasn’t Toobin’s impression or his memory of how the incident played out.”

Although scenes in the courthouse and trial courtroom appeared to be shot in the actual building and courtroom, Ito’s chambers during the trial were not. In fact, Toobin could have made sure the chambers were a close, if not exact, replication of that office, since he had been in that office. Why he didn’t is a mystery, but it was just all wrong.

Again, despite the courtroom looking like an actual Criminal Courts Building courtroom, the clock and the lack of them, were wrong. The clock in Ito’s courtroom was the basic vanilla style clock found in most schools and other public buildings of that era, similar to this: 

I say “lack of them”, because in the early days of the proceedings, Ito ordered several more clocks that looked like this and put them on the courtroom walls as a hint to habitually tardy lawyers on the case that court began at 9 a.m. When that didn’t work, he started bringing hourglasses from a collection he had in his chambers into the courtroom, which of course made headlines.

Another inaccuracy was Judge Ito banging a gavel when he called a recess. That never happened. Ito didn’t use a gavel in his courtroom. He didn’t even have a gavel on the bench.

And what was that with Cuba Gooding Jr. as Simpson shaving in jail. Shaving, with a safety razor. A safety razor, which gives a pretty close shave. Then he shows up in court with had to be at least a two-day stubble on his face.

The make up of the jury on verdict day was nowhere close to the real jury. The real consisted of ten women and two men. The TV show has at least four men. Racially, the real jury was nine blacks, two whites and one Hispanic. The TV jury that could be seen on camera included four whites.

Further, when the trial judge dismissed the jurors post verdict, he addressed them as ladies and gentlemen of the jury and alternates. At that point in the trial, there were no alternates. The twelve alternates that began with the twelve regular jurors had become regular jurors during the course of the trial as one-by-one, the regular jurors were all dismissed.

Trivial errors or inaccuracies that few people would know to notice or care about. But if the miniseries producers didn’t care enough to get those kind of details right, how can they have credibility about anything else?

 

 

 

 

 

 

 

[i].  Author’s notes, September 19, 1994.

 [ii] Id., January 25, February 3, 1995.

[iii]Id, February 3, 1995.

[iv]Id, February 8, 1995.

[v].   Jeffrey Toobin, “Today,” September 10, 1996, http://www.radicalmedia.com/work/today/trans/1996/sep/960910.txt; Francis X. Archibald, “Toobin critiques O. J. Simpson trial,” The State (Columbia, SC), September 29, 1996.

[vi].   Jeffrey Toobin, The Run of His Life (New York: Random House, 1996), 229

Simpson Trial Photographer Troubled by Miniseries

Interesting Facebook post by photojournalist Haywood Galbreath, who was the only photographer to be inside the courtroom every day of the Simpson trial.

Haywood Galbreath tagged you and Bobby Glanton Smith in a post.
Haywood wrote: “It’s almost time for FX American crime story “The people vs. O.J. Simpson” which comes on Tuesday nights on FX. I have been quite troubled with the representation of as I say the honorable Judge Lance Ito who was the presiding judge of the O.J. Simpson double murder trial. I say honorable judge Lance Ito because that is what he was and will always be to me. Judge Ito had an almost insurmountable task ahead of him in being the judge of the trial that became the largest criminal court case in the history of America. And arguably the largest media event of the 20th century. Mainstream media which is defined as white owned media organizations criticized the judge almost from the beginning to the end of the trial. Criticizing him and saying that he let the trial get out of hand. The only thing in the trial that was really out of hand was mainstream media and it continues to be in America! The idea that judge Ito was mesmerized by the attention of the media and celebrities is inaccurate and borders on blasphemy of the integrity of the judge and his name. Perhaps one of the biggest reasons mainstream media criticizes judge Ito is because of his fairness when it came to media coverage of the trial. And the judge made a decision, the unprecedented decision of giving the Black Press of America a photo position in the courtroom which had never taken place in the history of America. In such a large criminal court case or actually any type of case in America. I Point this out and Ms.Jerrianne Hayslett continues to point out the unfairness of mainstream media and the inaccuracy of the FX American crime story “The people vs. O.J. Simpson” portrayal/ betrayal of judge Lance Ito. And she also points out the lies of writer Jeffrey Toobin whose book the run for his life the miniseries is based on. I also want to point out something else, no journalist no matter how large of news gathering organization they worked for had more access to judge Ito than myself photojournalist Haywood Galbreath. I spend more time in the judge’s chambers asking to see him as well as him inviting me in to his chambers to speak with me than any other journalist covering the trial. For 21 years I’ve seen journalist and heard mainstream media condemn the honorable judge lance Ito, and at the same time talk about how they held audience with him and wear it as a badge of honor! I am almost certain that Ms. Hayslett can prove that those journalists are lying and it did not happen the way they said it did! And I challenge any of them to prove that I did not spend more time in the chambers of the honorable judge Lance Ito for honorable reasons than they did! -IHMPJ/HG- #americancrimestory #PeoplevsOJSimpson #highprofiletrial #anatomyofatrial #Photo #iconic #image #picoftheday #photography #photographer #photojournalism #photojournalist #HG #BlackPress #BlackPressUSA #NNPA #NPPA #FOX #FX #Americancrimestory #OJ #HaywoodGalbreath #Photobook #OJSimpson #blackhistorymonth #historymakers #thepeoplevsOJSimpson #haywoodOJbook #OJbook #”

Scenes from Fantasyland

The setting and the conversation were private. At least, in a TV show, they were, and to my knowledge, that’s the only place either happened.

On TV, former movie producer, turned author and Vanity Fair correspondent Dominick Dunne is sitting in Los Angeles Superior Court Judge Lance Ito’s chambers. Ito is telling Dunne that he is giving Dunne a coveted courtroom seat next to members of the murder victims’ families, then pulls an autographed photo of TV personality Arsenio Hall out of a desk drawer and rather giddily shows it to a rather nonplussed Dunne.

First, I was present in the courtroom (not Ito’s chambers) when the seat assignments were made, which was in January,before opening statements in the trial. A law intern and I drew names out of a bag.

Second, Arsenio Hall, or someone, did send Ito an autographed photo of Arsenio Hall. But…

  1. that was long after the trial was underway, meaning, Dunne had been sitting in his assigned courtroom seat for weeks by that time,
  2. Jeffrey Toobin, on whose book the TV miniseries currently showing on the FX channel is based, was in Ito’s chambers for a few minutes the day the picture did arrive in the mail. How that visit came about is described in Anatomy of a Trial, and in no way resembles what Jeffrey Toobin describes in his book.
  3. Far from giddy or jazzed that Hall sent him the picture, Ito expressed near disgust. He didn’t have to pull it out of a desk drawer as if he were hiding or coveting it. Shortly before I escorted Toobin into Ito’s chambers (for a meeting Toobin had been begging for for weeks — “Just to say hello, to introduce myself and, as a lawyer, shake the judge’s hand.”), Ito had shown me the photo which had arrived in the mail that day and said, “Don’t these people have a life?” The context in which he said something similar to Toobin was in response to Toobin remarking about the attention the trial had gotten. The picture of Hall was laying on a table. Ito showed it and the note Hall had sent with it to Toobin and said something to the effect that he had been getting all kinds of stuff in the mail, then added. “You would think these people would have something better to do.” (A more detailed account of Toobin’s brief visit in Ito’s chambers is on page 64 of my book.)

Did Dunne meet privately with Ito in his chambers before the trial began? I don’t know. What I do know is that I generally acted as the liaison between media types, and that included Dunne, and the judge and accompanied them if they met with him. In another chapter of my book I tell about a meeting Dunne had with Ito that did happen, in which I was present.

But telling what people actually said and did and what their intentions were would not make nearly as great of a  story as fantasies or “dramatic license”.

How Lucrative is This? TMZ Will Never Tell

So just now this shows up in the news?

Knife found BURIED on OJ Simpson estate sparks top secret investigation

Oh, “according to TMZ.”

So this knife has been around for years, but …

“According to TMZ the knife was actually handed in years ago but the officer it was given to was not on duty at the time – he was on the street in Brentwood doing security for a movie shoot.

“Despite taking the weapon off the construction worker the officer kept it for years without telling anyone.”

The officer kept it for years without telling anyone? Until the case is back in the news thanks to the drama in progress on FX, when this police officer decided he might get big bucks from TMZ, which, yes, does pay and sometimes pays big for tips that generate sensational headlines.

Sensationalized stories still make for great ratings, just like they did 21 years ago during the real “People of the State of California vs. Orenthal James Simpson.