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From: Jasper
Date: 4/6/02
Time: 7:23:09 PM
Rovaan,
You wrote:
From 9/26/95- Marcia Clark Closing Summation
"During this conversational Allan told you that he saw Kato come out on the side yard where the arrow is pointing, roughly in that area, I think it was a little bit farther back toward the tree, the other tree. That one, (Indicating). And he was holding a flashlight. You recall he told you that? And at the same time he said almost simultaneously he saw a person approximately six feet tall, 200 pounds, African American wearing all dark clothing, walking at a good pace up the driveway and he told you that he hung up."
Cochran corrected her about the location where Park said he saw the African American person.
That is why I asked about having Simpson wait behind Kato's room to start walking. Marcia's own summation indicates that Kato should have seen OJ. Kato, in his unclear way of testifying, wavers on exactly when he sees OJ. Marcia does not indicate OJ waited behind Kato's room for any reason. Which means he could have come out from behind that area and waited in the shadows, fully expecting Kato to come out to check out the sounds and provide a diversion for OJ to slip in his house.
That was the reason I asked why you had OJ waiting behind Kato's room.
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Rovaan,
The important thing to me in animating Marcia's Story was that Park saw Kato and then O.J. at about 10:56 "within seconds of each other" (Park's testimony, version 1) and "almost simultaneously (version 2). For some reason that I don't recall, I started the clock at 10:50 and accelerated the minute hand before O.J. gets to the back of the bungalow. I don't know whether that was a mistake wherein the second hand should have been moving instead of the minute hand, or a misguided attempt to compress the time involved in such a way as not appear to be giving Marcia's Story an unfair idiotic slant. In any case, the clock is either an error or a bad idea and it may be what's throwing you.
I'll fix the clock as soon as I can get to it.
Marcia's waiting time for O.J. behind the bungalow is much worse than I show it in the animation - so much worse that the timing of when you begin O.J.'s walk away from that spot becomes a moot point. You can do nothing with O.J. in that time and place that makes sense. I tried as many variations as I could think of within the scope of Marcia's introduction, presentation and summation. I finally threw in the towel.
During her examination it was a ten to fifteen-minute wait. In her summation she had it down to five - still an unreasonably long time for a man recovering from a collision with a wall and looking unsuccessfully for a lost bloody glove to stumble around outside. Marcia says in her summation that Kato heard the thumps at 10:50, although Kato and Rachael both testified that it was between 10:40 and 10:45 based on the time check they made at 10:30 during their phone conversation. In her summation Marcia talk about O.J. being on the path behind the garage. She made a big deal about O.J. being back there just before Park saw him, arguing that he had to get away from there because he couldn't explain what he was doing back there.
Kato is quite clear about when he first sees O.J. It's around 11:02 after he leaves the path at the garage gate the first time, lets Park in the Ashford gates then goes back to the path. He is back there with his flashlight when he hears O.J.'s and Park talking. The last time he'd seen O.J. was when they got back from McDonalds at 9:40 or so.
O.J. did not need a diversion to enter his house, which is why I referred you to the animation called Fuhrman's Story. In it you can see the maids entrance easily. Fuhrman's Story cleans up the problem of where O.J. was all that time between making the thumps and being seen by Park but does so at the expense of ignoring Park's testimony about when and where he saw Kato.
Fuhrman sees that all O.J. had to do was go into his house through the maid's quarters next to the garage. The problem with Fuhrman's theory (one of the problems) is that once O.J. was inside the house there was no reason for him to come back out. Fuhrman's story of O.J. behind the bungalow is the only one that connects O.J.'s movements to the evidence. His story accounts for the stick on the parkway, the blood trail "marked" by his partner Brad Roberts AND the time between the thumps and the Park sighting - the time that Marcia didn't talk about. -- Jasper