Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 23, 1995 TAG: 9509250039
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: LOS ANGELES LENGTH: Medium
``I'm very pleased to say that we have no further testimony to present at this time; and as difficult as it is, the defense does rest at this time,'' defense attorney Johnnie Cochran Jr. told jurors.
Prosecutor Marcia Clark told the panel, ``We ask the court to receive all of the people's exhibits, and the people rest.''
Moments later, Judge Lance Ito began to explain the law to the jury, telling jurors they could convict Simpson of the lesser crime of second-degree murder. It was the final step before closing arguments, set for Tuesday, the first anniversary of jury selection.
Outside the jury's presence, Simpson waived his right to testify, ending more than a year of speculation over whether he would testify on his own behalf against charges of murdering his ex-wife Nicole Brown Simpson and her friend Ronald Goldman.
Simpson, over Clark's vehement objections, was allowed to make his statement to the judge:
``Good morning, your honor. As much as I would like to address some of the misrepresentations about myself, and my Nicole, and our life together, I am mindful of the mood and the stamina of this jury. I have confidence, a lot more it seems than Miss Clark has, of their integrity and that they will find as the record stands now, that I did not, could not and would not have committed this crime.''
As Simpson started talking about his children, saying the two he hasn't seen in a year keep asking when it will be over, Ito thanked him, and Simpson sat down. The judge then got him to agree explicitly that he was waiving his right.
As Simpson spoke, Goldman's father, Fred, clenched his fists and was heard muttering, ``Murderer, murderer.''
Simpson's daughter Arnelle sobbed.
Clark, who had complained that such a statement would be tantamount to testimony without cross-examination, immediately demanded that Simpson take the witness stand to be questioned. Ito rejected the request.
Both sides then immediately rested their cases in front of the jury, and the judge quickly began reading his instructions.
After telling jurors they were excused until Tuesday, Ito was approached by attorneys who told him he had misread two instructions. Ito then read those instructions over and sent the panel back to its hotel.
Before he began the instructions, Ito told jurors he was contemplating lengthening court hours into the night next week to conclude final arguments quickly. He asked how they felt about that, and most smiled broadly and nodded vigorously. Ito then said, ``We have one unanimous decision already.''
Simpson sat stone still, brow furrowed, staring at the judge during the reading. In the spectator section, his daughter at times buried her head in her hands.
After court adjourned, Cochran said Simpson decided to waive testifying, not because he feared Clark, but because he didn't want to keep the beleaguered jury waiting.
``They're lucky he did not testify. I'm telling you that,'' Cochran said.
He said Simpson was not anxious about deliberations.
``He's not scared. He's looking forward to this jury. He's looking forward to an acquittal. He wants to get home to his family,'' Cochran said.
Goldman remained emotional outside court about Simpson's speech.
``If he had a statement to make, he should have gotten on the damn stand and said something and not been a coward and been unable to have the prosecution question him,'' Goldman said in a quavering voice.
District Attorney Gil Garcetti denounced Simpson's speech as ``grossly inappropriate.''
Prosecutors called 72 primary and rebuttal witnesses, while the defense called 53 main case witnesses and one rebuttal witness. So the jury of 10 women and two men - nine blacks, two whites and one Hispanic - heard from 126 witnesses since testimony started Jan. 31.
by CNB