THE O.J. SIMPSON MURDER TRIAL : Arenella, Levenson & Co : The Legal Pad

UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their takes on the Simpson trial. Joining them is Los Angeles defense lawyer Gerald L. Chaleff, who will rotate with other experts as the case moves forward. Today’s topic: allegations that defense lawyers improperly withheld information.

PETER ARENELLA (On the prosecution)

“The prosecutors appeared tired, frazzled and on occasion confused. They had a legitimate grievance concerning the defense’s failure to supply several witness statements that were in the defense’s possession for many months. Clearly they missed Bill Hodgman’s presence and expertise in helping them fashion a coherent set of remedies for discovery abuse.�

PETER ARENELLA (On the defense)

“All of Johnnie Cochran’s charm, wit and grace couldn’t hide the inescapable fact that the defense violated clear discovery guidelines. Both he and his co-counsel Carl Douglas vigorously maintained that they had not acted in bad faith. But it was surprising to hear him defend the defense’s breach in part by speaking about the tensions between vigorously representing a client’s interest while simultaneously complying with discovery laws.�

LAURIE LEVENSON (On the prosecution)

“I thought that both Chris Darden and Marcia Clark gave very impassioned arguments to the judge today about the fundamental fairness of the trial. They pointed out to the judge, witness by witness, how the defense had violated the court’s own discovery rules. But they went beyond that and showed how that may result in the jurors not learning the truth. That’s what is really at stake in this case.�

LAURIE LEVENSON (On the defense)

“The defense walked a fine line today because they knew their reputations were on the line. They approached this issue the same way they have approached many of the other issues in this case--by going on the offensive, by arguing that even if they made mistakes, it should not be counted against them because the prosecutors had, too. The defense never acknowledged that their tactics could impair the truth-seeking process.�

GERALD L. CHALEFF (On the prosecution)

“The prosecution has regained its equilibrium and come back strong. Chris Darden did an excellent job of stating the prosecution’s case that the defense violated the rules and the judge should do something to correct that. The prosecution gave a range of alternatives in the hope that he will at least admonish the jury that the defense violated some orders. It’s clear both sides were making this argument for everyone watching on television.�

GERALD L. CHALEFF (On the defense)

“The defense response to the allegations of discovery abuse was forceful. They continued attacking the prosecution’s case by Johnnie Cochran’s use of the theme ‘Why are they so afraid of letting me talk?’ While the prosecution was trying to keep the discussion on the discovery issues, the defense kept countering with the issue of fairness for their client and stressing their desire to have the presentation of evidence begin immediately.�

Compiled by HENRY WEINSTEIN / Los Angeles Times