A courtroom scene, by José Guadalupe Posada (Metropolitan Museum of Art) |
O.J. Simpson's body had scarcely begun to singe in hell before readers wondered when I'd be weighing in on the subject. Never, I hope. I hated the case while it was going on, the omnipresence, the sensationalism. Plus I wasn't yet a columnist, so only wrote about it as an assignment, covering some local reaction to a trial development. I wouldn't share this except for Northwestern professor Dan Polsby's sharp closing quote, which is worthy of remembrance. Polsby left NU in 1999 and joined Antonin Scalia Law School at George Mason University, retiring in 2020.
Chicago legal experts regard the possibility of Judge Lance Ito stepping down from the O.J. Simpson trial as just the latest bit of empty theater in a trial that seems to grow stranger and stranger. Few think he will declare a mistrial.
"Given the investment that everybody has in the trial, I seriously doubt he will" recuse himself, said Dan Polsby, a professor of law at Northwestern University Law School.
Questions of a judge's possible conflict of interest are rare, and usually are settled without the judge stepping down. Ito did disqualify himself Tuesday from ruling on the tapes of Mark Fuhrman insulting Ito's wife.
"Contrary to popular opinion, this is not the first trial in history," said Tom Scorza, a former assistant U.S. attorney. "Many times problems develop between a judge and a given witness, particularly a police witness."
Typically, in matters of bias the judge is concerned with how an appeals court will view a situation, Scorza said. But a Simpson appeal based on bias is unlikely because the judge's possible bias is against a prosecution witness. If Simpson is found guilty, to argue the judge was biased against a witness whose testimony helped convict him doesn't make sense. And if he is found not guilty, there is no need to appeal.
Area lawyers tend to be critical of Ito, who they say should never have let Fuhrman's racial beliefs become part of the trial.
"Let's assume he is a racist: So what?" said Patricia Bobb, a trial lawyer and former prosecutor. "Does that establish the fact he planted evidence? The law of evidence is you can't impeach people on collateral matters. Ito is facing a problem he created."
Bobb said perhaps having Ito step down might not be such a bad thing.
Northwestern's Dan Polsby seems to agree.
"This trial is a scale model of eternity," he said. "The O.J. Simpson case looks like it's going to go on until the heat death of the universe."