Prosecution Mistakes:

1.  Decision to File in Downtown Los Angeles district, instead of the district of the crime, Santa Monica
         ---Rodney King trial in Simi Valley and subsequent riots
         ---Prosecutors: "Save commuting time for prosecutors and police witnesses"
         ---Prosecutors (?): "Evidence so strong, can't lose"
         ---Downtown district jury pool: 40% W, 30 % AA, 15% H, 15% Asian
         ---Santa Monica jury pool: 80% W, 10% AA (and much higher levels of education)
        
2.  Decision not to try as capital case
          ---No "death qualification" of jurors
          ---Death qualification disproportionately excludes females and African-Americans
          ---Death qualified juries are more inclined to conviction

3.  Decision to ignore advice of jury consultants and not make effort to exclude female jurors
           ---Marcia's hunch: "I relate well to black women jurors"
           ---Female jurors hated Clark
           ---Female jurors did not empathize with Nicole Brown (dating a black male)
           ---Defense mock jury data: African-American women best

Defense strategy:  Go for hung jury
           ---Offer to seat first 12 jurors called
           ---Voir dire: "Suppose vote is 11 to 1 guilty..."

10 Peremptories:

Prosecution:  8  AA, 2 W
Defense:  5 W, 1 AA, 1 H, 2 Asians, 1 Mixed
---Batson issues

Composition of Jury

The Jury By Race: 9 Blacks, 1 Hispanics, 2 Whites

B

B

B

B

B

B

B

B

B

H

W

W

The Jury By Sex: 10 Women, 2 Men

F

F

F

F

F

F

F

F

F

F

M

M

The Jury By Education: 2 College Graduates, 9 High School Graduates, 1 Without Diploma

C

C

HS

HS

HS

HS

HS

HS

HS

HS

HS

ND

Some other facts about the final jury: (1) None regularly read a newspaper, but eight regularly watch tabloid TV shows, (2) five thought it was sometimes appropriate to use force on a family member, (3) all were Democrats, (4) five reported that they or another family member had had a negative experience with the police, (5) nine thought that Simpson was less likely to be a murderer because he was a professional athlete.

Trial Issues

Tour of Simpson Home
---Norman Rockwell in (painting of black girl led by federal marshals into school)
---White girlfriends and white golfing buddies out
---Mother and black relatives in

Mark Fuhrman

Johnnie Cochran and "the race card"

Verdict
---"Not guilty" after 3 hours deliberation (133 days of testimony from 150 witnesses)

Polls

Civil Verdict in Santa Monica
---For plaintiff: $8.5 M compensatory and $25 M punitive

Clue?