Professional jury consultants for both sides discovered that black women were
the group most likely to vote for acquittal. Moreover, racial divisions in Los
Angeles did not stem entirely from differing views of the police. More than any
other group, black women discounted the domestic violence evidence. According
to one telephone poll, forty percent of black women felt that the use of physical
force was appropriate in a marriage. Moreover, when the prosecutors' jury consultant
asked the members of a focus group to rank on a scale of ten the sympathy they felt for
various trial figures, the black women all gave O.J. Simpson 9's and 10's. Nicole Simpson scored a 7, a 5, and a 3.
When asked to describe Robert Shapiro with one word, black women used adjectives like smart and clever.
Their words for Marcia Clark were shifty, strident, bitch, bitch, and bitch.
The lawyers persuaded Judge Ito to submit a 79-page questionnaire with 294
multiple-part questions to prospective jurors. The questionnaire included, such
questions as, "Have you ever provided a urine sample to be analyzed for any purpose?,"
"Which tabloids do you read on a regular or occasional basis?,"
"How many hours per week do you watch sporting activities?,"
"Do you own any special knives?," "Name the three public figures you admire most," and "Does the fact that
O.J. Simpson excelled at football make it unlikely in your mind that he could commit murder?"
(Three-quarters of the people who sat on the jury answered yes to this last question.)
With this knowledge, defense lawyers were well prepared for the final stages
of jury selection. Lawrence Schiller captures the scene:
"We'll be in great shape if we can get four blacks," Johnnie had always
said. Now they have six. More black jurors than we ever dreamed of,
Shawn [Chapman] says ....
But Cochran isn't satisfied. "We've got to kick off this one," he says
.... No one can believe he wants to take the risk. If Cochran excuses a
juror, that will give the prosecutors another shot. They could lose a black
juror over it. But Cochran is leading now.
He rises. "Defense will ask the court to thank and excuse juror number
1187."
Sure enough, Marcia Clark takes out Juror 1164. Quickly Shapiro
excuses another ....
Th[e] ... exchange has kept things relatively even. Time to quit?
Cochran raises his head and checks the group waiting outside the jury box.
Throughout the day, deputies have been bringing potential jurors into the
courtroom well before their turn to be questioned .... Now Cochran sees
that the jurors-in-waiting are mostly black ....
"Defense will ask the court to thank and excuse juror number
1040."...
Clark and Hodgman huddle awhile, then accept the new panel.
The team can hardly contain itself. The prosecutors have now accepted
[a jury] with seven blacks. "We have seven!" Shawn is jubilant. But
Cochran won't stop .... "Fuck it," he growls, "I'm getting that lady off!"
"Johnnie, we have to accept," Carl [Douglas] urges. "This is better than
we ever imagined!"....
Cochran wins. Luck be a lady tonight ....
Cochran sends [another juror] home ....
A black woman steps in to take the empty seat.
Marcia Clark rises. "Your Honor, the people accept the jury as presently constituted."
Now it's time to stop. Eight black jurors. Time to pocket the dice ....
Cochran turns to Douglas and Chapman with a wide grin. "You guys
wanted me to give up when we had six .... You guys were scared."...
Douglas agrees. "You're right, Johnnie. We were ready to wimp out
with six. You kept going. And we got eight."...
Walking back to the holding cell, Simpson, too, was excited. "If this
jury convicts me," he joked to Douglas, "maybe I did do it."
).
