It Wasn’t Just Her Hair

A story headlined The Female Gaze: Marcia Clark in ‘People v. O.J.’ faces sexism in the courts and in the media which was published in Daily Titan, the student newspaper of my alma mater, California State University, Fullerton, perpetuated at least one media generated People vs. Simpson misperception involving Marcia Clark’s hairdos.

I had to respond, so here’s what I wrote:

As L.A. Superior Court’s director of public information & media liaison during the 1990s, and was present in the courtroom every day of Simpson’s murder trial, I feel compelled to address some points in this article.

Regarding “As soon as she entered the courtroom, all eyes were on her hair.”, that is not true.

As noted in this article, Marcia Clark had two young sons who needed childcare on weekdays. Clark asked Simpson trial judge, Lance Ito, for trial proceedings to begin later than the court’s regular start time of 8:30 a.m. so she could take her boys to childcare herself, rather than have someone else do so. Ito accommodated her request by taking care of other court matters at 8:30 and scheduling trial proceedings to begin at 9 a.m. For whatever reason, however, Clark was chronically late, sometimes by half-an-hour or more. Indeed, all eyes were on her when she entered the courtroom, but not because of her hair. In fact, one morning after she had assured Ito she would be there for a specific matter, she wasn’t. He delayed and finally, with an apology to the jury, said court would remain in session with everyone seated and wait for Clark to arrive. We did, in uncomfortable silence, for many minutes. I didn’t keep track of exactly how long, but it is reflected in the court transcript. Here is my account of Clark’s morning arrival routine as described in my book, Anatomy of a Trial: Public Loss, Lessons Learned from The People vs. O.J. Simpson http://www.anatomyofatrial….

“And her [Clark’s] late entrances, at times with an entire courtroom full of people—and, indeed, the entire television-viewing world—sitting and waiting, were just that. Entrances.

Rather than trying to be unobtrusive or quiet, she would shove the courtroom door open and prance in and down the tiled aisle with the clack of her spike-heeled pumps reverberating loudly in the otherwise silent surroundings. She would push through the little swinging gates in the rail and leave them flapping behind her as she crossed the courtroom well with the eyes of spectators, defendant, fellow attorneys, bailiffs, clerk, court reporter, judge and jurors following until she finally arrived, with no hint of apology in her body language, at her place at the counsel table, a bare arm’s reach from the jury box.”

Clark’s hair was an issue, not for trial participants, but for the news media and, I suspect, for District Attorney spokeswoman Suzanne Childs. Childs was much about appearance. Here’s another short excerpt from Anatomy of a Trial:

“Pulling me aside one day, Los Angeles District Attorney Gil Garcetti’s director of communications, Suzanne Childs, said that since the whole world was watching and forming an impression of the court and judge, she thought we should change out the florescent bulbs in the ceiling that were standard—and cast a rather harsh light—throughout the Criminal Courts Building and put in pink-tinted ones. Those, she asserted, would give the courtroom and everyone in it a softer look.”

I thanked Childs, but thought about the public outcry if the chronically underfunded court spent money on special lighting just for the sake of appearance when the media reported on it, which they would have.

It makes sense to me that Childs suggested that Clark change her hairdo, but I think it backfired. Had Clark not permed her hair in the midst of the trial, no one—either with the media or in the courtroom—would have even remarked about her hair, much less made it headline news.

I agree with this article’s assessment that unfair scrutiny is embedded in American culture, and is magnified and exacerbated by the media. I did a presentation years after the Simpson trial about how differently female attorneys in death penalty cases have been depicted in the news.

I was not immune. As you can see from my description above of Clark’s courtroom entrances I mentioned her clicking spike heels and what might be interpreted as “haughty” demeanor” (although in retrospect, she might have just felt self conscious).

And as a Cal State Fullerton alum who majored in communications/journalism, I learned from the best. –Jerrianne Hayslett

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.