6/30/ 1994 O.J. Simpsons News Broadcast Channel Surfing CNN ABC Headline News

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this is WB Channel 8 tonight it's the award-winning news team of Margaret dubon George Ryan Ron swaboda with sports and Bob Breck with weather live from WBU this is News 8 on the eve of his preliminary hearing we'll explain what prosecutors will try to do to convince a judge that OJ Simpson should stand trial for murder murder good evening everyone both sides in the OJ Simpson murder case prepare for tomorrow's preliminary hearing and that's news 8's top story ATT 10 starting tomorrow morning prosecutors will try to prove the Football Hall of Famer should go on trial for murdering his ex-wife and her male friend and they may have some new evidence to prove their case this evening police detectives examined evidence They confiscated at Simpson's Brentwood estate late Tuesday they used metal detectors and left with two bags plus the football stars black they won't say exactly what they found but Simpson's friends and defense team says OJ is ready to get back into court he is looking better and better about this he's anxiously looking forward to the hearing and to getting through it and uh to prove his innocence Simpson is also said to be encouraged by the 3500 pieces of mail he gets each day from his supporters and fans he says he's not worried that one of the first Witnesses called Tomorrow Will Be Kate Kalin a servant who lived in his guest house so just what is a preliminary hearing and how will it work well news A's John Harring has been talking with a legal expert who can give us some insight into what the prosecution needs to do and what the defense is also hoping to accomplish tomorrow Margaret and George there is one simple thing that the prosecution has to do tomorrow try to convince the judge that there is enough evidence to try Simpson for murder the prosecution must only show probable cause in other words the possibility that Simpson committed the crimes they do not have to prove his guilt and Simpsons attorneys do not have to present any evidence at all at the hearing New Orleans criminal defense lawyer buddy lemon point the defense really has no duty this is an opportunity for the defense to try to establish the Converse for the judge that is to demonstrate to the judge that in fact the state isn't holding sufficient evidence lemon says to a certain extent the hearing is an advantage for Simpson especially compared to the alternative of secretive grand jury deliberation this situation requires the state to tip its hand to show some of the cards in advance that they intend to play at the trial the defense can cross-examine prosecution witnesses and present its own Witnesses it doesn't happen often but Simpsons attorneys haven't ruled it out the hearing will seem like a mini trial and because all the major networks will be televising it it may also seem like a miniseries and that means many new orans will be watching because I think he's innocent I think he was framed so I'm going to be glitch the TV to watch to hear to hear who was involved who was doing what all these new breakthroughs what they found DNA gloves all these good things I'd watch some of it I don't know that I'd watch all of it yeah but I'd watch I'd watch a lot of it yeah I'd be curious the hearing is expected to last for days attorney lemon believes it will be anything but dull my guess is there will be some surprises and uh that'll be interesting be a good show and by the time it's all over most legal experts believe this case will go to trial that there will indeed be probable cause found if So an arraignment must be held within 60 days George Mark a lot of f 99 times out of a 100 they do find probable cause in in the cases do go to trial that's right all right John this reminder as well ABC News will provide live coverage of OJ Simpson's preliminary hearing beginning at 11: New Orleans time you can see it all right here on W New Orleans police tonight are searching for clues in the city's gab to gav coverage of the hearing well that's it for news night thanks for joining us I'm Kathleen Kennedy stay tuned for show B today coming up next [Music] wwltv Channel 4 New Orleans John Snell Oda cby Jim Henderson and meteorologist Nancy Russo this is Louisiana's News Leader Channel 4's Eyewitness News Night Watch Governor Edwards and an outspoken critic battle it out on talk radio OJ Simpson's lawyers and prosecutors get ready for the big hearing tomorrow and the dollar keeps losing ground overseas we'll let you know what that means at home good evening prosecutors and defense lawyers will be in court in Los Angeles tomorrow for OJ Simpson's preliminary hearing a judge will look at the evidence in the double murder case and decide if there's enough to move ahead with trial Linda Joyce reports prosecutors said all along their investigation was ongoing Tuesday evening they confirmed it as a dozen or so law enforcement official scoured OJ Simpson's estate one more time looking for evidence a detective carried full evidence bags away from the home Simpson's luxury car was impounded all the while authorities would not comment meanwhile preparation continues for the preliminary hearing scheduled to begin Thursday morning prosecutors must convince a municipal judge there is enough evidence to proceed to trial first they must establish a crime was committed we'll likely see a Coroner's investigator testify about the victim's bodies with the help of graphic pictures if the judge is convinced a crime has been committed then prosecutors will produce evidence to show her that Simpson could have committed them prosecutors don't have to convince the judge of Simpson's guilt a jury will decide that if the case goes to trial all the prosecutors need to do is persuade the judge that Simpson could have committed the murders to do that they'll use the more than 60 items of evidence they've gathered as far as we know that evidence includes blood samples from clothes and gloves and a cap found at the crime scene at the preliminary hearing we will see an abundance of physical evidence we will see photographs autopsy reports we'll see photographs of blood stains the one thing we won't have is the final DNA tests which experts say are extremely reliable that's still a month or so off the lead prosecutor says it could take her a week to present her case Simpson's attorney says he's not sure how long it will take him legal experts predict the process could take up to 1 month Linda CNN Los Angeles the court case against OJ Simpson's moving quickly but Publishers are moving even faster to try to cash in on it the first so-called instant book on the case has hit bookshelves in New Orleans the book's titled OJ Simpson American hero American Tragedy already available a 20-year-old man wish Robert Fisk is expected to release the first report on his Whitewater invest orbiting headline news I'm David goodal hard evidence in the OJ Simpson Saga will soon come to light as prosecutors lay out their case against the football star a preliminary hearing begins Thursday in Los Angeles if the judge determines there is enough evidence linking Simpson to the murders of Nicole Brown Simpson and Ron Goldman then the case will go to trial Greg Lamont explains the charges OJ Simpson is facing two charges of first-degree murder with special circumstances in this case special circumstan applies to the fact more than one murder was committed Andor because of the gruesome nature of the crime with special circumstances the prosecution can seek the death penalty or life in prison with no chance of parole prior to the early 1970s the California law provided for essentially a mandatory death penalty for certain crimes after this was invalidated by the Supreme Court the voter initiatives in 1977 and 78 created the death penalty when there were special circumstances special include such things as a killing for profit a killing of a law enforcement official a killing of a government officer or for example a Multiple homicide if a guilty verdict is breached the prosecution must prove special circumstances existed to get the death penalty Simpson at any time during the trial could choose to change his plea to Guilty by reason of insanity but F Lee Bailey sees it differently you know that's one of the really damaging things that been said a lot of people don't realize that in California you don't approach the question of insanity until you have a trial on guilt it is a bifurcated procedure usually Insanity defenses are established when a defendant makes his or her plea but sometimes they are made after the proceedings have already gotten underway noted criminal defense attorney Arthur Baron says to wait until a verdict has been reached before claiming an insanity defense is at best very risky you have to remember that the jury has first come back at this point and already convicted the defendant you also have to bear in mind that most likely defendant testified during the trial if the defendant has already testified during the trial that he did not participate in or commit the crime that defendant is going to have a problem convincing a jury that County courts Bill there in just a few hours a preliminary hearing begins to determine if there is sufficient evidence to put OJ Simpson on trial for murder and Good Morning America there is a fair bit of media interest in this as you can tell from all those satellite trucks outside the Courts Building I'm Charles Gibson and I'm Lisa McCree in for Joan London it is Thursday June 30th and after days of hype and hearsay of speculation and legal spin the case of OJ Simpson accused of murdering his ex-wife and her friend take center stage in the courtroom this morning Simpson who has been held without bail since his arrest June 17th will be there along with his high-powered defense team some of the top lawyers in the LA District Attorney's office going to prosecute they have only to prove that there is enough evidence to suspect Simpson they don't have to prove that he's guilty just that he needs to be held for trial in a few moments a live report from Los Angeles where our bill Ritter is on hand waiting for the preliminary hearing to begin Spencer on hand as well with the weather yes and we have The Season's first hurricane aren't you excited well I guess not well it poses no threat to anyone at the moment hurricane carlat The Season's first is swirling off the coast of Mexico way out in the Pacific there and I'll tell you whether it's a threat to any part of the us or any land mass why does the first one start with C no because there have been two tropical storms starting with A and B but they didn't become hurricanes yeah they didn't grow up all right thanks V also this half hour the high cost of Defending yourself in court we'll examine the reasons for the expense and whether a top-notch defense is only for the rich and famous in this country and later startling New Revelations out of Great Britain about Prince Charles his love life and his separation from Princess Diana I know you can't wait let's get the overnight news though here's Morton Dean ABC news thank you Lisa good morning everyone this is the day a preliminary hearing Begins for OJ Simpson to determine whether he stands trial his defense team has apparently moved to suppress all evidence produced during the first search of his home according to the Los Angeles Times the defense claims police did not have a search warrant when they scaled a fence around the estate that the search warrant was not obtained till 6 hours later ABC's Michelle narus reports that both sides are rushing to prepare for for today's hearing fine prosecutors were working overtime last night to prepare for this morning's hearing ABC News has learned that OJ Simpson's friend K Kalin is one of the first witnesses that prosecutors plan to put on the stand today kin lived in a guest house behind Simpson's home and may be able to help determine where Simpson was on the night of the murders the former football star has remained in a high security lockup at the men's County jail but he's no longer uh on what we call a suicide watch and this is based upon the recommendation of the mental health professionals who are assigned to the jail Simpson has received a steady stream of visitors including his business attorney Leroy tap he's anxiously looking forward to the hearing and getting through it and uh uh to prove his innocence OJ Simpson returns to court this morning for the first day of a hearing that will determine whether he stands trial for brutally murdering his ex-wife and her male friend a preliminary hearing is sort of like a mini trial that's not intended to prove guilt or innocence instead a judge listens to the evidence and decides if prosecutors have a strong enough case to go to trial prosecutors say they have 60 pieces of evidence but the most important item is still missing police have not been able to find the murder weapon defense attorneys will no doubt focus on the missing weapon and use the hearing to plant the idea that police may have arrested the wrong man Michelle Norris ABC News Los Angeles today's hearing is scheduled to begin at noon Eastern Time 9 Pacific time and Peter Jennings will anchor ABC News live coverage the indications are there will be some good news for the White House good news about the first phase of the Whitewater investigation according to published reports special councel Robert fist found no crimes were committed byst in western Canada say has been investigating whether contacts within the weather SP all right Mort from uh about a savings and loan investigation and we'll have more on today's weather in the next half hour Lisa thanks Spencer it's about 10 minutes after the hour as we heard in our newscast the preliminary hearing in the case of OJ Simpson gets underway this morning in Los Angeles Bill Ritter joins us now from the Criminal Courts Building there Bill we see the satellite trucks looks like a media circus oh that's exactly what it is there about two dozen satellite trucks around here every Network's going to cover this every local station certainly in Los Angeles almost gavel to G this morning morning Lisa you know this preliminary hearing is really a dual-edged sword for the prosecution on the one hand they need to present enough evidence to convince the judge to hold OJ Simpson over for trial on the other hand they don't want to spill all their strategy to the defense before the actual trial begins so with that in mind we sat down with a former deputy district attorney who is now a criminal defense attorney his name is Roger KAC and he's followed this case very closely he also knows both the prosecution people and the defense table attorneys I began by asking him in this point BYO issue review of the case what the burden is on the prosecution they have an obligation to do two things one they have to show that a crime is committed and two they have to show that there's reason to believe that Mr Simpson in this case committed that crime let's talk about some of this evidence what role will the blood samples taken at the crime scene and OJ Simpson's house play in this morning's hearing I don't think that blood samples uh will play a significant role in this preliminary hearing Mara Clark announced uh in court the other day that uh she wasn't going to put on evidence of DNA and I think that what they'll do is put on evidence of uh of blood they found that belonged to uh uh Mrs Simpson and uh Mr Goldman and perhaps if they have evidence of Mr Simpson's blood uh at the murder scene or at his home and I think that kind of evidence will be put on but not DNA evidence so far anyway there has been no murder weapon that's been found how much stock will the defense put in that at this hearing I don't think they need that murder weapon to get through a preliminary hearing now come the trial um you know the lack of a murder weapon uh is not going to be good for the prosecution the bloody gloves may or may not tell us a story if there is an adequate sample of blood uh the blood can be tested to see what kind of type it is is as well as DNA information the knit cap that was found what role will that play in this morning's hearing well the knit cap is a piece of evidence that may uh tell us a lot we now know that the prosecution has stated that there's some hair samples in that knit cap and they've moved quickly and uh as well they should to ask and and get an order for M for a sample of Mr Simpson's hair samples OJ The Fugitive what stock will the prosecution put in that chase before his AR the question here is was OJ really running away since it's clear that OJ will not testify at this preliminary hearing because there's really no reason for him to testify at this preliminary hearing the prosecution may put on evidence of his failure to turn himself in when his lawyer said he would turn himself in and his uh flight to show consciousness of guilt we broke the back door down to get in wait a minute what's your name Nicole Simpson the 91 one tapes most likely will not be introduced into this preliminary hearing and there's a couple of reasons for it one is they really don't need it in the preliminary hearing and the second reason is is there's going to be a knockdown legal battle over whether or not these tapes are admissible Nicole Simpson's phone call from her mother which uh an investigator for the coroner's office initially put at about 11:00 that night which would have made it difficult for OJ Simpson to commit these murders now the father of Nicole Simpson says that phone call was actually about 10:00 is that conf conflicting evidence going to be brought up in this hearing I think the phone call will be referred to in the hearing it's clear now that there's a conflict within the testimony there's a conflict as to speaking to her at 11 and now her father says no it was 10 this is a problem for the prosecution now the three hours that OJ Simpson spent talking to police the Monday after the murders when he didn't have a lawyer with him what role will all of that discussion and interview play at this hearing I have a feeling that that will be brought into evidence uh at the preliminary hearing whatever Mr Simpson said if in fact he says things which later were controverted or later that uh the police found to be not true uh that will come out you know going through all of this evidence none of it you say is critical so what makes the prosecution's case so strong the fact that the police really looked nowhere else I mean they were on to OJ Simpson it seemed within 5 minutes after they got to this crime scene I have believed that there is evidence there that we just don't know about yet you know these are good police officers that investigated this case the Los Angeles County District Attorney's office from time to time has to investigate High publicity figures if they don't have the goods on this one and theyve put a national hero in jail for ve with very little evidence or if this case was dismissed at a preliminary hearing oh it would be a real stain a a real stain indeed the pressure on very high on both sides of the case here the defense and the prosec ution and late yesterday as you saw in the news the defense filed a motion to suppress any evidence that the police seized at OJ Simpson's house the day after the murder we'll probably find out what evidence they're talking about when the preliminary hearing gets started here in Los Angeles in just a couple hours Lisa all right thanks Bill we know the whole country will be watching it's 15 minutes pass next the high cost of being accused of a crime when Good Morning America continues the George INF Furnishing invites you to save up to 75% now through Monday during our fourth of July warehouse and tent sale there are so many Bargains that the warehouse just couldn't hold them all save up to 75% on dining room later on Good Morning America Prince Charles startling confession of marital infidelity on Prime Time television no less 18 past the hour now the spotlight in the OJ Simpson murder case is often focused on his attorney as a high powered high-priced defense team from the Menendez brothers uh to Oliver North we've heard stories of the soring legal fees incurred by high-profile defendants even President Clinton is establishing a defense fund to defay costs from the Whitewater probe in the Paula Jones lawsuit joining us to discuss the spiraling cost of a legal defense from Los Angeles Vince Mel head of the American Bar association's white collar crime committee and from Washington steuart Taylor an attorney and writer for American lawyer magazine appreciate both both of you being with us Mr Taylor let me start with you presuming that OJ Simpson goes to trial goes through a trial is there any way to estimate ballpark figure what it'll cost him I'd be amazed if if if it was when it was all done it was less than 2 million and I could imagine it running considerably higher up towards four million or 5 million that is that is guesswork and it's based on uh for example president Clint Clinton's estimate uh that it's going to cost him a million to2 million a year to defend uh his very has legal troubles and some of the other big cases those figures are consistent Dan roson kowsky for example the congressman has already run up a million6 in legal fees as of the time of his indictment that doesn't even begin the trial so it's Millions Mr Mela can you break down where the money goes well I agree with that assessment I think you have to look at uh primarily three areas that drive the legal costs first you have the cost of the legal team by that I mean you have the lawyers you have paralegals you have investigators usually in a complex high-profile case you have more than one lawyer you see it now on the OJ Simpson case where indeed you have a high-powered legal team assembled on both coasts uh this is really the heart and soul of the defense effort because they're really in charge of preparing and presenting the case at every level so that's one whole area of substantial cost another area of cost which has grown more more substantial over time relates to experts uh depending upon the complexity and the nature of the case you may have one or more and sometimes a whole group of experts testifying on behalf of the defense or providing assistance and Consulting with the defense team so for example if you have a sanity issue you're undoubtedly going to see psychiatrists and psychologists if you have a financial crime you're going to see forensic accountants and accountants if you have scientific issues you're going to see scientific experts you're going to see chemists toxicologists DNA experts the cost of experts alone can add hundreds of thousands of dollars to the cost of a defense the last category are consultants for example uh it might be nice if the client can afford it to have a consultant to help you with jury selection or to take polls out in the community on critical issues in your case if you have enough resources you may even put on a mock trial before you get to the real trial to test the acceptance of certain key issues in your case all of that can cost in a high-profile complex case literally millions of dollars but Mr Taylor what this says to me is only the rich can afford this kind of inclusive defense that's exactly right and you 90 that's the vast majority of criminal defendants are poor and don't pay their lawyers at all they get cour appointed lawyers or public defenders and sometimes the representation is pretty good the public defenders office in Washington DC for example does a good job for people not not not an OJ Simpson defense but a capable defense but lots of people facing murder charges and facing the death penalty particularly in the Deep South have grotesquely inadequate legal defenses where in Alabama for example I believe there's still a $11,000 total cap on what a courta appointed lawyer can charge in a death penalty case so the lawyer either chooses to do a reasonably good job and end up making about $2 an hour or or he does what a lot of them do which is he does inadequate preparation inadequate study inadequate research and and the guy gets a lousy defense and that's why death sentences are appealed for the next 10 or 15 years but Mr M first of all a couple of things occur to me number one this probably breaks almost every defendant who has to mount this kind of Defense um and number two you wonder is it worth it are you getting as much return as you're paying out well there's two issues there one is that the sad fact is that uh being charged chared with a significant criminal defense often does break the person financially however on the second point that you raise you don't have the normal if you were in the Civil Arena if you were defending a civil suit it's fairly easy to do a risk and rewards analysis if there's a certain amount of money at stake that's a potential recovery you can get it you're you're dealing here with freedom and that's worth everything absolutely Mr Mel Mr Taylor appreciate you both being with us thank you thanks at first I didn't believe it UV those cabbies they check everything out over there they're some of the best important people in London good morning everyone I'm Geral Gibson and I'm Lisa McCree filling in for Joe London today and you can bet they are talking over their teacups uh about the British version of high Scandal it is what everybody talks about in the British water coolers this morning there it was on Prime Time television in England Prince Charles admitting he committed adultery during his marriage to Princess Diana and making other very candid remarks about his life particularly is love life us viewers will get that kind of confessional TV maybe on a Barbara Walder special or on Oprah but this was a documentary and it is stirred up quite a furer in Britain the program won't be see seen here in this country in its entirety until late summer but in a few moments the broadcast journalist who conducted the unprecedented interview with Prince Charles and of course Prince Charles will be on Oprah sometime after that no no no no also ahe President Clinton's favorite mystery novelist Walter Mosley is back with his latest work it's called Black Betty and sure to be a summer hit and who knows what pleasure lurks in the movie theaters Joel seagull does he'll review the new movie based on that radio classic the shadow right now though another classic and check the day's news with Morton Dean at the news desk all thank you for that Lisa good morning everyone OJ Simpson returns to a Los Angeles courtroom today for his fourth and most important court appearance yet his preliminary hearing which will decide whether he stands trial for murder Simpson's lawyers are apparently trying to suppress some of the evidence taken from his home according to today's Los Angeles Times the lawyers claim police conducted their first search of his home without a search warrant Peter Jennings will anchor ABC News live coverage of today's hearing which is scheduled to begin at noon Eastern Time 9 Pacific time the first official findings in the Whitewater investigation are being made public 38 minutes past the hour you might call him the world's most eligible married man England's Prince Charles estrange from his wife Diana heir to the British throne when Prince Charles doesn't sneeze it makes news so naturally word earlier this week that Charles had made startling Revelations about his love life in a TV documentary sent the British press into a spin that documentary which one British politician predicted will change the course of the monarchy forever aired in England last night Jonathan dimbleby is a veteran British journalist he put the program together and conducted the interview he joins us now from London good morning or good afternoon to you Mr dible good afternoon well the reviews are in did it will it change the monarchy forever I think we have to be a bit careful about speculation of that kind what I think it's done which is important here because of the debate there's been over the past few years is to give the British public huge numbers of whom watched last night a chance to see what this man is really like rather than living off the Illusions and Fantasies that sometimes appear in parts of our press well it was a very personal very candid interview with Prince Charles the most talked about admission is that that of uh his admission of marital infidelity what exactly did he say he said um I asked him about the charge you see let me give you a touch of background it's been said now for some years that from the beginning of his marriage um he had never tried to be faithful to the Princess of Wales had always had a relationship with Camila Parker BS that um publication of that sort of stuff had clearly done him quite a lot of damage what he said in the film was that he had tried to make his marriage work when it was irretrievably broken um he did then have a relationship with Camila Parker BS and that happened at some stage and I didn't go into detail in this sometime in the second half of the 1980s and the response so far over here of people who've been who've seen that is extraordinarily positive people seem to have liked the fact that he's um said that it happened said that he has regretted it and explained the context in which it happened I'm just curious you worked on this for 18 months or so at what point in the interview process says did he make that admission did he get more candid as you went along I I I the answer is is is is yes I mean we were working on it a long time I did lots of interviews and he raised a lot of other issues incidentally which are which are are hot news here as well about the role of the monarchy about the church and so on um and and about the military but in this area I asked him quite late in the process in in the spring of this year so you built up some trust let's talk about the future um he didn't talk about a divorce but he did talk about wanting to be king no he did talk about a divorce I asked him about a divorce he said that it wasn't in his mind at the moment that it was A Private Matter between him and the Princess of Wales and then he went on to say when I asked him that he didn't think that a divorce would um undermine his um accession to the throne and indeed that that is the Constitution position here we don't have a written Constitution right I should rephrase he he talked about he didn't talk about his plans for a divorce he has no plans in the works but he does have plans to be king he says he will be king he said he cuz there's been quite a lot of speculation here some people said he's so greedy for the crown he wants to snatch it off his mother's head others have said he wanted to go in Italy rather than have to enure the the question now there's tradition here that that the monarchy members of the Royal Family do not talk about those kind of things about the monarchy or your um attitude towards becoming King he said of course I shall become king I was born that way I can't help it that's what will happen in the normal course of events and I don't want to live anywhere else either in the few seconds we have left the palace reaction and do you think Diana will stage her own offensive now in the Press I don't know I'm sure the Press will stage it offensive because they like the Diana and um the Diana and Charles soop but that's a different matter it's what the public thinks that can'ts Jonathan dby congratulations uh we will look forward to seeing your program in this country sometime this summer thank you Charlie all right thanks very much Lisa I am standing with mystery writer Walter Mosley once again he is taking it easy and you should know what that means if you know him we'll explain in just a moment this is CNN a crucial court hearing begins today to determine whether OJ Simpson Stan's trial on murder charges will have a live special ahead of the Simpson preliminary hearing a maneuver to suppress evidence by OJ Simpson's defense team Our Guest will talk about the legal aspects of the case well the first wave in the Whitewater investigation independent Council Robert Fisk plans to release to report on the initial phase of the investigation please don't kill any children today a Supreme Court ruling is expected today in a case involving anti-abortion protesters and Clinic patients and bald eagles come flying back our guest will'll talk about efforts to protect them and we'll have one of the Majestic birds in our studio this is CNN Morning News 2 and 1/2 hours of News interviews and viewer phone calls with Donna Kelly and Leon Harris good morning about three hours from now prosecutors in Los Angeles will start trying to convince a judge that OJ Simpson should be tried on murder charges Simpson the former football star as you know is accused of killing his ex-wife and her male friend today's preliminary hearing is going to be one of the most widely watched courtroom dramas in history no doubt CNN's Mark Watts has had the Criminal Courts Building in downtown Los Angeles this morning he joins us now with the latest on the case Mark good morning Leon the courthouse opens in about 1 hour everything appears to be on track for the exception of a last minute motion filed yesterday by the defense the defense team is seeking to suppress all evidence gathered from OJ Simpson's home June 13th the day after the murders according to the times the motion says that investigators scaled fences and kick people out of OJ Simpson's home and that a legal search warrant was not obtained until 6 hours after SWS now if the judge grants this motion it could substantially change the layout of the morning's hearing because it would affect the evidence that the prosecution actually has to layout in court at this time however it's not known exactly what the prosecution has CNN's robbert veto has more investigators armed with metal detectors hunt through bushes and storm drains and OJ Simpson's home searching for new evidence after 3 hours they left with two shopping bags full of items a shovel and a Bentley parked in the driveway was towed away detectives wouldn't say what they found or what they were looking for there is however plenty of speculation was it yet another search for a murder weapon a knife believed to have been used to kill Simpson's ex-wife Nicole and her friend Ron Goldman and was this search conducted because prosecutors fear they don't have enough evidence to present at the preliminary hearing or did they come up with new information that led them to a critical piece of evidence prosecutors say they have collected about about 60 pieces of evidence thus far they include blood samples and a sample of OJ Simpson's hair for comparison with black curly hair is found inside a cap at the murder scene the hairs cannot be split for examination of with blood can the prosecutor said the hairs inside the cap have been determined to be of African-American origin the evidence also includes blood stains found in simpsons's driveway and car and gloves found at the murder scene and at Simpsons estate there have been a flurry of reports of additional evidence but does any of that evidence exist Simpson's body had scratch marks but his lawyer claims they were paper cuts there were reports that blood was found inside Simpson's golf bag that report has not been confirmed a witness who testified before the grand jury told a TV tabloid show that she saw Simpson in his vehicle acting strangely around the time of the murders there has been no official comment and there was the report that Simpson was not home when a limo arrived to take him to the airport the night of the murders is a attorney claims he was at home and about reports that Bloody clothing was found in Simpson's home one of Simpson's attorneys fle Bailey says that's not true Robert Vos CNN Los Angeles most likely the judge will take up that defense motion first off in court today and if the judge grants the motion the prosecution might appeal and the whole process might be thrown in limbo we'll all find out in about 3 hours Leon oh Mark before we let you go any any idea at all at this particular point on what strategy the defense might be using here any any tip of the hand there well defense attorney Robert chapiro has kept us guessing like many good defense attorneys do but I think it's safe to say he could be could do one of a couple things first of all the standard cross-examination of the prosecution witnesses that's what's normally done by defense teams in preliminary hearings or he could decide to go for it all he could go for a Gamble and present a case known as the affirmative defense his thinking May be that the prosecution's case is weak and that by presenting a case he might even weaken the prosecution's case even further and convince the judge that there's no need for a jury trial however it's a gamble because if he fails he has already exposed his defense that he might employ during a trial Leon all right thanks Mark we will keep our eye on it stay with us throughout the day CNN is going to begin its continuous live gavel to gavel coverage from Los Angeles beginning at 11: Eastern this morning 88 Pacific gav G coverage of the O.J Simpson preliminary hearings begin about an hour later after that since his arrest OJ Simpson has been confined most of the day to a small cell in the Men's Central Jail in Los Angeles originally Simpson was on a 24-hour day 7day a week suicide watch well now officials have determined that there's less danger that he will try to take his own life uh he's no longer uh on what we call a suicide watch and this is based upon the recommendation of the mental health professional who are assigned to the jail this is the wing of the high security jail where Simpson is being held officials say since his arrest Simpsons received around 3,500 pieces of mail a day all of the mail uh is turned over to Mr Shapiro uh who after going through the mail in some fashion uh returned some of it to OJ for his uh uh personal review one of the attorneys on the defense team describes Simpson's moods as up and down he says every day is different it's very difficult coming up now in about 7 minutes after the hour and just ahead on the morning news we're going to take a closer look at the charges against OJ Simpson and we're going to talk with a defense attorney about the preliminary hearing today and in the next hour of CNN Morning News profiles of the attorneys for the prosecution and the defense to give my home a nice atmosphere I've tried French provincial July 4th weekend TNT celebrates with three days OJ Simpson literally may be fighting for his life if his case goes to trial CNN's Larry Lamont now takes a closer look at the charges facing Simpson and the possible penalties OJ Simpson is facing two charges of first-degree murder with special circumstances in this case special circumstances applies to the fact more than one murder was committed Andor because of the gruesome nature of the crime with special circumstances the prosecution can seek the death penalty or life in prison with no chance of parole prior to the early 1970s the California law provided for essentially a mandatory death penalty for certain crimes after this was invalidated by the Supreme Court the voter initiatives in 1977 and 78 created the death penalty when there were special circumstances special circumstan include such things as a killing for profit a killing of a law enforcement official a killing of a government officer or for example a Multiple homicide if a guilty verdict is reached the prosecution must prove special circumstances existed to get the death penalty Simpson at any time during the trial could choose to change his plea to Guilty by reason of insanity but F Lee Bailey sees it differently that's one of the really damaging things that been said a lot of people don't realize that in California you don't approach the question of insanity and until you have a trial on guilt it is a bifurcated procedure usually Insanity defenses are established when a defendant makes his or her plea but sometimes they are made after the proceedings have already gotten underway noted criminal defense attorney Arthur Baron says to wait until a verdict has been reached before claiming an insanity defense is at best very risky you have to remember that the jury has first come back at this point and already convicted the defendant you also have to bear in mind that most likely the defendant testified during the trial if the defendant has already testified during the trial that he did not participate in or commit the crime that defendant is going to have a problem convincing a jury that he was insane when later the crime was committed during the second uh phase or the sanity phase of the trial our first degree murder conviction without special circumstances carries a sentence of life in prison with a Chance of parole which is determined by a Parole Board second degree murder can carry a 25 years to life sentence many of those convicted of second degree murder only end up serving about half of the 25 years they were given in simpsons's case even if found guilty the jury may be allowed to consider lesser penalties Greg Lamont CNN Los Angeles today's hearing for OJ Simpson will reveal the prosecution's best evidence against him and it also could be a preview of how the case will unfold if it goes to trial joining us now is criminal defense attorney Jeff Brody he is founding partner in The Firm Brody and price before opening his criminal law practice Mr Brody was a member of the Los Angeles Public Defenders office and he joins us now from our Los Angeles Bureau Mr Brody good morning good morning how are you I'm fine thanks hope you're the same as you look at what will happen in the preliminary hearing today uh what would you speculate about the defense requesting to suppress the evidence from that first uh search warrant this is the first Salvo by the defense and it's a very very important aspect of this case and this is really the uh first time the defense has a has a chance to uh Advance their own case and they do without risk of divulging any of their uh the privilege information How likely do you think it is that that evidence could be suppressed by the defense wanting it so well you know that's very hard to tell it's very that would be a wild guess on my part it depends on so many different factors uh uh and uh but the the number of CA cases in which evidence suppressed is not very great and the likelihood is is that the prosecution would Prevail on that issue you know they went in for a second search and they came out with a couple of paper bags worth of stuff we don't know what uh a shovel the car was towed away and a couple of attorneys we talked to yesterday said that that said to them that perhaps they needed more evidence that the case was not airtight your thoughts oh I don't think so I investigation is always ongoing it it never ends from the time the case starts until actually the there's a conclusion to the case this is uh uh just evidence that the prosecution is continuing to be diligent and continuing to to to work the case as they should I'm sure the defense is working the case as well and both sides will continue working until the last uh uh the last second and and actually they will continue working until there's a judgment in your thinking do you think the prosecution will lay out its best evidence most of its evidence or perhaps hold back something I I'm sure that they will uh put on the the best case they can but that will not be they will not put on the the full case that they have there's no need for them to do that what they will do is is give a preview of actually what they intend to show at the trial uh it's it's the difference between trial and preliminary hearing is the difference between sitting down to a full course meal and going through a fast food uh restaurant through the drive-thru mhm yeah preliminary hearing just has to show probable cause for the trial and then and as you get to the trial then it's guilt or innocence that's absolutely correct when we talk about the media blitz so many people covering this live of course CNN will have uh we think of course the best coverage but we're going to be doing it and as I looked at that I thought how can you possibly find a jury you know that won't be tainted if they've been able to see all of this coverage once once you enter the courtroom and once the uh the jury begins to examine the evidence I I think that history has shown that in most cases they're able to really concentrate on the evidence that's presented unless the media uh uh uncovers evidence which is untrue which is false or uh evidence which is so tainted that no one could be fair or partial then the the fact that there is great media exposure may not have a a a definitive effect on this case I don't know if you remember but it was that afternoon a couple of Fridays ago now that uh the police captain told the reporters that uh OJ Simpson had not turned himself in and there was an audible you know in that room do you think that we're in for any of those in this preliminary hearing I'm sure we are this case is full of nothing but surprises and and it's so emot for all of us especially in Los Angeles where we feel a very definite connection to OJ and uh he's like one of our own M you think probably go to a trial one legal expert I was reading this morning said it was probably uh not realistic to think that it would not go to trial that it would uh uh go to to a trial the number of cases that are dismissed at this level is a very very small percentage the likelihood is very great that we'll go to a trial criminal defense attorney Jeffrey Brody we thank you very much for joining us this morning thank you and when the CNN Morning News continues we're going to read some of your comments about a group of men in Philadelphia CNN USA Today Gallop US Air flight 1016 which crashed Saturday in North Carolina it was a bloody weekend on Texas highways more than two dozen people died and who was Nicole Brown Simpson we'll look back at the life of this murder victim and ex-wife of a football [Music] great investigators say a sudden shift of wind could have caused the US Air crash in North Carolina are continuing to burn hearing on murder charges against OJ Simpson is scheduled to resume Tuesday and when it does we may get the answers to some intriguing questions go live now to Greg Lamont who is at the courthouse in Los Angeles Greg why is the defense saying that the search of Simpson's house was not proper because police did after all have a warrant didn't they well there are many things to consider when the preliminary hearing resumes tomorrow most importantly a defense motion to suppress 34 pieces of evidence taken from OJ Simpson's property the morning after the killings now this could very well develop into a major battle over constitutional law Robert Shapiro OJ Simpson's attorney says that the evidence was Tak illegally because at the time they did not have a proper search warrant in hand that search warrant was obtained at 10:45 a.m. Pacific time they say the evidence taken was taken so before that U search warrant was issued now if that indeed is the case and this judge in the case decides to rule in favor of the defense that could greatly weaken the prosecution's case the motion to suppress could also greatly increase the preliminary hearing process now the court took a day off today from all of these proceedings but interest in the proceeding certainly has not as we hear from Linda Huffman barricades signs and yellow police tape didn't keep curious onlookers from visiting OJ Simpson's Brentwood home and the nearby condo where his ex-wife Nicole Brown Simpson and her friend Ron Goldman were killed they came from all over the country during the Fourth of July weekend lington Kentucky Cape Cod Sandwich Massachusetts we came from Franklin Tennessee a monthly magazine published a map of OJ Simpson's house and the murder scene that that's how these girls from Michigan found their way this is our M we got out of Sports Illustrated that's his house and we I was reading it last night and we were near the area so I said well why don't we try and find it tours came to take pictures of the homes and to watch the media take pictures of them it's kind of exciting I just can't believe I'm here but not everyone is as enthusiastic about the widespread interest in the case the pool is over here and the playhouse is on the other side you know the neighbors are really getting tired of it and it's I don't know I kind of wish it would just subside it gets old after 2 weeks after the fact that it's happening all but uh you know hopefully this will taper up but that's unlikely to happen I went to the uh to his house as far as I could see there and here and I'll probably go by the restaurant when I leave back at the Men's Central Jail OJ Simpson received a few visitors too Bob Chandler former Oakland Raiders football player and Dr Saul fairstein Simpson psychiatrist spent less than 2 hours at the jail OJ Simpson's preliminary hearing resumes Tuesday Linda Huffman for CNN Los Angeles now tomorrow we might find out more about the contents of that mysterious manila envelope that was introduced in the courtroom on Friday so far there's been a great amount of speculation as to its contents but for now only the defense knows for sure what's inside of it also the three audio cassettes that were presented by the defense it is believe they are interviews with at least two witnesses who will be able to testify about where they saw OJ Simpson on the night of the murders Judy Now Greg I understand that another knife surfaced in all of this that someone turned in is that right well apparently a woman who was in OJ Simpson's neighborhood a lookie L as you might say apparently came across what she saw was a some kind of shirt and she kicked the shirt and inside of it was a large kitchen knife she presented that to the police right now police investigators are saying they do not believe that is the murder weapon they say it may be a little too long and too wide to have been involved in the murders but nevertheless they are forensic testing it and it is not been completely ruled out as potential evidence against Mr Simpson and Greg I also understand that uh yesterday and maybe even today the prosecution team was back at the scene of the murder looking around a lot of speculation about that as well but many defense attorneys that I've talked to have indicated that prosecutors themselves want to go to the murder scene and take a look at uh how it's laid out go inside see how the house lays itself out they take a look at where the murder victims were found and what positions they were found in so that when they do go into the court they have a greater familiarity with the scene and and how it looked all right Greg Lamont in Los Angeles thanks and to recap the agenda for the Simpson hearing a motion to suppress evidence the so-called mystery envelope and defense audio tapes CNN will provide gav Dev valo coverage of the hearing beginning at 11:00 a.m. on Tuesday and coming up a familiar face the intense glare of publicity has been on this murdered former wife of a celebrity but what do we really know about her some answers coming up the intense publicity has focused on Nicole Brown Simpson devoted mother battered wife and murder victim still the divorced wife of OJ Simpson remain somewhat of a mystery and CNN's Kathy slogan has a profile report on n PA Brown Simpson a dream she was a Southern California Dream blonde Tann you know in great shape that typical Southern California girl her face is one of the most familiar in the country her marriage the stuff of tabloids but despite the intense glare of public Fascination Nicole Simpson remains out of focus Celebrity Wife devoted mother pampered party girl battered woman even in death she seems an appendage of her famous ex-husband she grew up in this affluent beachfront community in high school she stood out she was not your average high school girl I think she wanted to make a name for herself she wanted to go somewhere in in life she met OJ Simpson just out of high school and was swept into his life Donna Estes was a friend to them both she met him when she was 19 years old and he was the love of her life she had never worked other than a few months as a waitress and a sales clerk and she never would OJ wanted her available to travel with him Nicole was a very simple very unsophisticated woman who met OJ when she was I believe 19 she had never prepared herself to function independently in the world o OJ after living together for 7 years they were married in 1985 the marriage and lifestyle were glamorous a $5 million mansion a $2 million beach house his and her Ferraris but there was also trouble trouble that brought the police as far back as 1985 when OJ smashed Nicole's windshield and then in 1989 a public eruption [Music] 911 there had been eight previous calls to police this time he threatened to kill her the police reports capture her sense of futility she told them you never do anything about him it was very serious violence and I Nicole Simpson told Lisa Fox a victim's Advocate that she was afraid for her life she didn't want to get him into trouble but she wanted the beating to stop and she was understanding that the only way it was going to stop was something happening in previous occasions when she'd made excuses for him and covered it up it hadn't made it stop and and she had got to the point where reluctantly she knew that this is something she was going to have to face dealing with did you feel like it was sort of a breakthrough for her yes I did and it's scary it was a scary choice but Nicole didn't press charges and when OJ was brought before a judge she didn't show I felt very strongly Nicole did not disappear truly of her own valtion I don't think it was because she didn't want something to happen I think there was General pressure all around were you afraid for her yes because I knew the system couldn't really um that the pressures that have been brought to bear were greater than what we could do to help OJ pled no contest and got a slap on the wrist a lot of us knew about that I feel like she found it embarrassing and I had no reason to press her I believe she loved OJ so much that um she protected him as well the one thing everyone knew is that um bad press would have been very bad for his career there were other problems in the marriage it was known that he you know he liked to date women and uh I don't think his marriage to Nicole slowed that that attitude down at all I think that she had to deal with perhaps too many other women in OJ's past and that's a very difficult thing for any woman to deal with when she loves a man so much it's hard because um I'm sure she would sometimes feel suspicious that people knew things that she didn't and uh many times they did do they know do they know do they know I think she had to keep a lot of Secrets as the marriage founded Nicole told therapist Susan forward about one of her Secrets it's no mystery at this point in time no secret she was battered incessantly regularly all the time I'm not saying 24 hours a day but the incidents of battering were were extraordinarily high after her divorce in 1992 Nicole began the life of a single woman her lifestyle supported by OJ she spent her days in Trendy Brentwood raising her children shopping working out she was very aware of her body she worked out at her gym regularly and she was very religious about it she was leading the single life I mean she hadd been married for quite a while with OJ and I guess they had their problems and once it was over uh look it just seemed like there was almost a sense of relief Ray Baron Nicole's neighbor became her friend because they both had the same rare breed of dogs but they shared something else he was the bartender at the Renaissance Club where she went to have fun I think dancing at the club was a primary outlet for her she was a very striking person I mean she'd obviously turn a lot of heads she dressed provocatively blond haired tan and in great shape attracted a lot of attention from the opposite sex although friends say Nicole could party until the club closed down they also say her children were the center of her life I think they were the number one priority in her life I think that they came first and everything else was secondary she was that Ferrari white Ferrari woman when she was single you know with a top down and her hair and the sunglasses and the whole bit and then she was the Cherokee domestic kind of housewife picking up her kids to school from school in her Cherokee so she seemed to do both she was a Ferrari woman at night and the Cherokee Laro woman during the day but the bond with OJ remained a bond based on love longevity and their children a bond that was also laced with Terror he just stay on the line I don't want to stay on the line he's going to beat the [ __ ] wait a minute stay on the line she was terrified absolutely terrified for her life I recognized her voice I recognized his voice and it broke my heart she was aware that he was in her face all the time that that she was not safe in her own home he would break down doors he would be there when she had tried to get away from him she had no safe place to hide despite the violence the bond between Nicole and OJ brought them back together in the last few months of her life whether it was a bond of fear or love probably wasn't even clear to her but in the last few weeks of her life friends and family say she broke it off for good her last meal here at mesaluna was a celebration of her new life without OJ I got that impression from her that there was some a finality in her life and she's opening a new door and closing an old one it's like she was breathing breathing fresh air for the first time I thought she saw light at the end of the tunnel the light was extinguished her new life ended before it began how do you want to remember her I all remember her as that Southern California girl Kathy slogan CNN Los Angeles there's a lot more ahead on the world today coming up the United States and Russia have turned from fighting each other to fighting a common enemy terrorism only on WVU news8 a critical day ahead in the OJ Simpson case arguments on a motion to suppress evidence taken from Simpson's home and that sealed envelope the mystery envelope brought into court last Friday will the judge unseal it and will be learn its content today and good morning America I'm John London and I'm Charles Gibson nice to have you back thank you you had a good week had a wonderful week look handn yes up in Lake Placid New York you get a tan up there yeah well I was out riding my horse every day so terrific good I'm glad you had a good time welcome back it is Tuesday July 5th and when the OJ Simpson hearing resumes this morning after the holiday weekend some tantalizing questions

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