Lawyers in the case confirmed today that Simpson's side had filed a writ to the California State Court of Appeals in Los Angeles accusing Judge Hiroshi Fujisaki of "abuse of discretion" in rulings that have limited what they can introduce about how the police handled the criminal investigation. It was suspicion about the LAPD, of course, that freed O.J. last year.
"This is not a case against the LAPD for committing malpractice; the defendant is not suing the LAPD," Fujisaki told lead defense attorney Robert Baker in court last week. "Whether or not the police department did or did not act within certain protocols of investigation is immaterial."
A rattled Baker responded, "I disagree with the court'sruling."
"I know you do," Fujisaki shot back.
The defense team asked the higher court to halt the trial until it referees Fujisaki's call.
In trial action today, the attorneys for the plaintiffs used testimony from L.A. police crime lab official Gregory Matheson to head off one line of attack on police competence: the handling of the blood evidence. Matheson said that no policeman involved in the Simpson case could have entered the locked freezer where blood samples were kept without the knowledge of the lab techs. In the criminal trail, Johnnie Cochran and company raised suspicion that police first took a blood sample from Simpson, then sprinkled it around the crime scene and elsewhere to implicate him. Blood found by police matched Simpson's type, Matheson testified today; in fact, the chemical markers in his blood are found in only one in every 570 humans.
And finally, this: While reenactments of trial testimony on E! have provoked a lot of controversy, lawyers staged their own reenactment this morning to present testimony heard at the criminal trial from a tow-truck driver who hauled Simpson's Bronco away. A Goldman family attorney played prosecutor Christopher Darden, and the son of Simpson attorney Robert Baker played Johnnie Cochran in the production.