The language that
divides us. The People V. O.J. Simpson: The Run Of His Life, was
released to coincide with the TV series, which in America was called
American Crime Story: The Run Of His Life: The People vs O.J.
Simpson. Similiarly, in America the book's primary title was The Run
Of Life. Because OJ's career as a running back (and Hertz airport
hurdler) was probably not something a British audience would recall,
that title was played down. And the vs. was changed to v. because a
British audience wouldn't be able to make that narrative leap either.
You can listen to or
read my essay 'OJ and Our America' which I did for Cultural
Frontline, on the BBC World Service, in my previous posts on this
blog. I did that after seeing the first two episodes of the TV
series, which prompted me to read Jeffrey Toobin's book. In fact, if
you're playing catch-up with the series, I'd suggest you read the
book early on too, because it will give you another picture of the
case and the trial, and put things into context. It's also a great
read. Toobin was writing from the standpoint of a legal observer, and
he takes on the legal issues with the same sort of dramatic drive the
series does, but with much more depth and context. And without actors
to make characters more sympathetic.
The title is a
little misleading. The Run Of His Life is really better applied to
the famous Bronco chase, a run where he eventually turned and went
the wrong way before being brought down in his own driveway. The
trial was really the run of their lives for many of the other people
involved: in a bigger sense, OJ might have been better served had he
followed either of his original plans, of suicide or escape. That was
the moment the trial leapt into the netherworld of celebrity: as
Toobin says 'the world waited to see if O.J. Simpson would blow his
brains out on national TV'. Irony is a major player in the Simpson
case. As Toobin writes, 'only O.J. didn't understand the preeminent place of race in his own defense'. 'I'm not black. I'm O.J.'
Really the title
might have been 'The Indifference To Truth'. Toobin talks of the
shamelessness of Alan Dershowitz, but points out 'shamelessness is a
moral, rather than a legal, concept.' He then quotes Yale Law School
Dean Anthony Kronman on 'the indifference to truth that all advocacy
entails'. He doesn't note the irony of a law school dean assuming the
law's rules apply; outside the world of attorneys (and who knows,
perhaps even inside occasionally) advocacy may pursued via the truth.
Call me naïve and put me on the OJ jury. It's chilling to actually read OJ's 'suicide' note, which begins 'First everyone understand nothing to do with Nicole's murder'. That could be the title of a book too.
Toobin is absolutely
brilliant on the way the defense's case was built on lies, and the
lies built into performance, helped by the inertness of Lance Ito and
the prosecution intent on playing Judy to the defense's Punch. His
was the first piece on the 'race card' in the OJ trial, the strategy
which proved effective, but he doesn't miss the smaller things. Barry
Scheck's fragmentation of the prosecution's overwhelming DNA evidence
was filled with explanations that ere 'fanciful, and some were
silly'. They posited an LAPD that was both 'totally inept and
brilliantly sinister' (this is in Marcia Clark's closing argument in
the TV show. Maybe the glove was enough, but without Scheck's dumping
of a ton of mud in the recombinent waters, it might not have been.
Although the TV
series is based on Toobin's book, much material seems to have been
gleaned from other sources, most notably Larry Schiller's 'as told
to' inside story, which is where, for example, the brilliant scenes
of Johnny Cochran redecorating OJ's house before the jury can see it
is drawn. That he was able to do that speakes volumes about the
ineptitude of Ito's court. Toobin is good on many of the sleazy
tactics, such as deliberately withholding witnesses, but I can recall
others, like swamping the discovery process, that I might have read
in his columns but which aren't in the book.
No matter: Toobin's
book is full of the sort of astounding bits of absurdity that became
the daily fodder for the OJ audience. LA DA Gil Garcetti's press
officer, Suzanne Child's, would wind up 'dating' talk show vampire
Larry King. And at times, like many magazine writers, he has to give the
best lines to his colleagues on the daily beat. Mike McAlary's take
down of Robert Shapiro presenting himself as the hero of the trial was
deflated by Mike McAlary of the New York Daily News, who explained
Shapiro was 'a typical Hollywood invention--a character tan-deep in
make-up and significance'. Toobin also explains elsewhere that Shapiro
drove a Bentley, but it 'was a used
Bentley'. Years ago, when I reviewed Chris Darden's OJ book (you can
link to that here)
I pointed out where Darden said proudly he drove a
Mercedes, but that it was 'only a used Mercedes'. In LA, I said, that
passes for asceticism.
It's also brilliant on the internal battles within
the defense team, particularly Shapiro's exclusion from it as the trial
went along.The best thing about
reading Toobin is to get the small bits that form the basis of the
series' legal argument in more detail, and in tracking the
personalities in more depth. F. Lee Bailey in particular comes off
far worse than Nathan Lane's portrayal, but almost all the TV show's
characters lack the desperate edge that Toobin gives them. And Toobin
ends with a postscript on the civil trial, which took place in Santa
Monica, not downtown, and of course went against OJ. It's a somewhat
better, if less dramatic, but more ironic ending. This is a book to
read regardless of whether you've seen the show or not. Because even
if you don't intend to watch, after you read this, you will.
The People V O.J.
Simpson: The Run Of His Life
by Jeffrey Toobin
Arrow Books, £7.99,
ISBN 9781784758867
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