His Name Is Ron (31 page)

The defense had discovered that, starting ten years earlier, North Carolina screenwriting professor Laura Hart McKinny had conducted a series of interviews with Detective Mark Fuhrfnan as part of research she was doing for a screenplay. It was reported that, on the tapes, Fuhrman used the N-word and made other potentially inflammatory comments, contradicting his previously sworn testimony.

Johnnie Cochran fought hard to bring McKinny to California to introduce the tapes into evidence. A judge in Winston-Salem, North Carolina, had ruled against a subpoena, but an appellate court now overruled that
decision. Cochran called it the most important ruling of the case. Barry Scheck commented cryptically: “Huge, huge. It could be the case.”

The critical factor was that, under California law, the judge instructs the jurors that if they conclude that a witness lied about one fact, they may then decide that he or she has lied about other facts as well. Fuhrman had testified that he had not used the N-word in the past ten years; he also testified that he found a key piece of evidence—the bloody glove—on the grounds of the Brentwood estate. If the tapes revealed that Fuhrman had lied about the N-word then, theoretically, the jury could conclude that he lied about when and where he found the bloody glove. It was a patently ridiculous attempt to connect two unrelated issues, but it played right into the hands of the defense's attempt to convince the jury that the killer was framed by racially biased police officers. Cochran was, indeed, ready to play the race card and move the trial as far as possible from a search for the truth.

Judge Ito had already ruled that McKinny was required to give the defense her material, but he had not yet ruled that the jury should hear the tapes. That would depend on whether prosecutors opposed the admission of the tapes and if so, whether the emotional effect of playing them would, in Ito's judgment, substantially outweigh the value they might have in raising questions about Fuhrman's testimony.

Cochran argued: “In a search for truth, these tapes are imperative. … I'm absolutely shocked that the prosecution did not join in our attempt to obtain them, but now the whole world is going to know the truth.”

Chris Darden stated that the prosecutors had not yet heard the tapes and had not yet decided whether to fight their admission.

Fuhrman's attorney, Bob Tourtelot, tried to put the best spin on the situation: “This ruling does not mean that the tapes or the witness will be heard by the jury. That will be up to Judge Ito. To allow these tapes to be heard by the jury would not be material and would be highly prejudicial to the prosecution's case.”

No one on the prosecution team spoke with us about this, and we watched in frustration from the sidelines. Patti wanted to scream, “What does
race
have to do with this case?”

Judge Ito muttered, “Just when you thought we couldn't have anything crazier happen.” It was Tuesday, August 15.

As the prosecution and defense wrangled over whether what was now known as the “Fuhrman tapes” should be played for the jury, we learned that those tapes contained some disparaging references to Captain Margaret
York, the highest-ranking woman in the LAPD. She also happened to be Judge Ito's wife.

The prosecution team now argued that Judge Ito should remove himself from the case.

The defense team vowed to fight that, unless it would result in freedom for its client.

Judge Ito took an extended lunch break to consider the options. When court reconvened, the mood was somber. Both sides presented short arguments detailing their position.

Then Judge Ito issued his ruling. His voice broke with emotion when he said, “I love my wife dearly, and I am wounded by criticism of her—” He scratched at a doodle pad, then continued. “—as any spouse would be.” Again he paused. Then he proclaimed, “I think it is reasonable to assume that could have some impact.” He concluded that another judge should decide whether his wife should be called as a material witness. If so, the judge would have to be replaced.

Suddenly everyone scrambled upstairs. Reporters and spectators pushed and shoved. Elbows flew about and curse words were hurled indiscriminately. Patti and Kim had the luxury of an escort to the courtroom of Superior Court Judge James Basque, presiding judge of the county criminal courts. Judge Basque quickly assigned the case to Superior Court Judge John H. Reid, and the mad dash was on to yet another courtroom.

Judge Reid made it clear that he would not allow Cochran to take control of his courtroom. With dispatch, he announced that he would receive the tapes that afternoon and begin to review them. He would meet with the lawyers on Friday. Just like that, the hearing was over, and everyone returned to Judge Ito's courtroom. We were sure that Cochran was delighted to return to the environment that he controlled.

The “Scheme Team” gloated on the courthouse steps after the day's turbulent session. They accused the prosecution of an unethical and cynical attempt to remove Judge Ito from the case because they knew that they were losing and were desperate to regain momentum. Cochran said, “Today, the wheels came off the wagon of their case. And all America saw it.”

Marcia had her own view. “The defense has brought this to a head,” she said. “They have played the race card. … They have opened Pandora's box.”

In other words, all hell was about to break loose.

*   *   *

The three of us, Patti, Kim, and I, were all in court the following day. Everyone's nerves were stretched to the limit. We spent the morning listening to the lawyers wrangle. Marcia backed off from her suggestion that Judge Ito should remove himself from the case. Thus, Judge Reid did not have to make a ruling.

But Shapiro would not let the issue drop. He accused Marcia and her colleagues of resorting to “prosecutorial extortion” in an attempt to pay back Judge Ito for unfavorable rulings.

Then it was Chris's turn to throw a tantrum. Refusing to speak from the same podium that Shapiro used, he raged at the defense team for turning the trial into an extended, ludicrous joke.

Amid all the wrangling, the issue of the Fuhrman tapes smoldered. Would Judge Ito allow them into evidence? Would he surrender to the assault and allow Cochran and Company to turn a straightforward double-murder trial into a referendum on racial issues?

Watching all this, hearing all this, we felt a fire burning inside. Did anyone here—anyone at all—remember the names Ron and Nicole?

When we went upstairs to the seventeenth floor for the lunch break, Mark Arenas said that one of the reporters wanted to know if we were going to say anything. At first I said no, but the more I thought about it, the more agitated I became and the more I realized that
it was time
to do so. Patti tried desperately to dissuade me, but I knew that if I did not speak out, I would explode. I do not believe I have ever been so angry in my life. I could not let them get away with it.

It never made Kim feel good to vent frustrations to the press, because it did not change anything and it did not make any difference. But we had been pushed, prodded, and tested for months. Both Kim and I felt that if we remained quiet now, it might appear that we were not offended by what was going on. From Day One of this trial, Judge Ito should have put a gag order on everyone. But he had not, and we were tired of seeing the self-righteous members of the defense team pontificating on talk shows.

“Mark,” I said, “let the press know we're going to speak.”

Things happened very quickly. Reporters, many holding walkie-talkies, started running, pushing one another out of the way. Pens flew out of pockets, and there was a general stampede to the courthouse steps.

You could see the fear and the worry on Patti's face. She was terrified that I would have a heart attack or stroke, and she begged me to calm down but knew there was no way she could stop me.

Her fears for my health were compounded by other issues. She worried about the safety of the entire family. Images of riots, burnings, and beatings flew through her head like snapshots. If I spoke out, would it just fuel the flames of hatred that the defense team had ignited?

With her heart racing, Kim spoke through her tears: “We usually don't speak just for the sake of speaking, so obviously something has to happen for us to feel enraged enough to get out there and talk. So excuse me if I ramble, but—I'm fed up.”

Waving a hand above her head, she said, “My emotions are up to here. Over and above the loss of my brother I have all this other crap to deal with. These last few days have pushed me to the edge. I have never been more offended by the actions on behalf of the defense. …

“Shapiro … said that he would never play the race card in this case. Call it whatever you want, race card, perjury card—I don't care what you call it—the issue is still the same. The attorneys are trying to divert the attention from the facts in this case, and the fact is their client is accused of murdering my brother and Nicole Brown, and the evidence against him is overwhelming. They have no other choice but to play the race card, the perjury card. This is called the Fuhrman trial now, and this is ridiculous. They don't have a defense. They don't have any evidence to disprove what the prosecution has so far. The only defense now is to blame it on somebody else, and to be able to say the N-word in open court.

“Cochran said, back in jury selection, that all he needed was one black on this case. How offensive to the human race. To not give them the benefit of the doubt that they would be able to try this case according to the facts and according to the evidence and not have to put in the crap of the racial bias. That's insulting to people's intelligence. I don't care what color you are, what race you are, what religion you practice, that's insulting. They don't think that they could just be able to try this case according to the facts and according to the evidence? I don't even think there is a word to describe what that does to me.

“And to stand up there and say how unethical the prosecution is. Excuse me. When has the prosecution stood out here and slammed the defense and all of their tactics? How ethical, how moral is that? The defense has been doing that from Day One in this case. Chris said it this morning. This is a circus. They created a circus atmosphere.

“And I am sick, sick to my stomach. Okay? And this is embarrassing. This is embarrassing to the judicial system. I've never been a part of this before. This is repulsive to me. …

“Try your case according to the evidence, okay? You don't have to bring
in all this other crap. You don't have to say that everybody is a racist, and everybody is a liar. If your client is so innocent, the evidence should prove that. You shouldn't have to pull in all this other baloney.”

Kim turned away, sobbing.

Now it was my turn. It was difficult to talk because I could not catch my breath. My heart raced and my palms were cold and wet.

I began: “Needless to say, Kim and each of our family is angered, upset. What is so incredibly outrageous is that from Day One,
Day One!,
we all remember Mr. Shapiro making the comment that race would not be an issue in this trial. They have wanted to introduce other issues into this trial from Day One. They have been doing it in bits and pieces, and what is horrendously unfortunate is that one of the witnesses in this case may have said some rather disturbing things. That's not what this trial is about. There is not one
scintilla
of proof that has come from the defense, not one
iota
of evidence from the defense to indicate that there has been planting of evidence or conspiracy. But they have been playing that bull from Day One.

“They now see an opportunity to enrage everyone. Do you honestly believe what their interests are is to prove perjury? Are we all
fools
? Do they take us all for
morons
? We all know what they want is to inflame the emotions of the jury, and to inflame … the public's mind with issues that don't relate to this trial.”

All the color had drained from Patti's face. Her eyes begged me to stop. She placed a comforting arm on my shoulder, but I shrugged it off.

My voice cracked as I continued. “Ron and Nicole were
butchered
by their client. Do any of you believe otherwise? You have seen the evidence in this trial. It is overwhelming. This is
not
now the Fuhrman trial. This is a trial about the man that murdered my son.”

By now, Patti was crying, pulling on me, whispering, “Let's go, let's go,” but I would not leave. I could not leave. I had to get it out.

I could see nothing through my tears, but I raged, “How
dare
they take the position that all they want to do is prove perjury? They are
liars
!”

When Michael walked into work at the Oak Tree Deli, the television was on, as usual.

This day the room was strangely quiet. Scott, Michael's boss, beckoned Michael over to him and said, “Fred is speaking.” Michael looked up and saw my face filling the screen; Patti and Kim were in the background. Whoa, what's going on? Michael wondered.

He said later, “When it was over, I walked around the room and heard
customers commenting on what an amazing man Fred Goldman was. They were all so impressed with his courage and his passion. It felt good to hear all the positive reactions in the room. It filled me with pride. Fred and Kim have done such a remarkable job of keeping Ron's memory alive. It's nice to hear that other people admire them as much as I do.”

That evening, the adrenaline still pumped through all of us but we were exhausted. Patti's eyes looked like a deer's caught in the headlights of an oncoming car. “Do you realize,” she said, “that we will never, ever, be able to leave our home again without being recognized, approached, and looked at like we are some kind of bugs under a microscope? I want my life back.”

Someone from LAPD reported that a gang member had threatened, “We've got to shut that Goldman up.” Local police were notified and our house was put under twenty-four-hour surveillance. Fortunately, nothing happened.