O.J. Simpson Trials: 1995 & 1996-97

The defense requested that Judge Ito either strike Fuhrman's testimony about finding the Rockingham glove or return the detective to the stand. The judge refused. Cochran filed an appeal, refusing to rest his case until the appeal decision came down. Judge Ito then ordered the prosecution to start its rebuttal before the defense had closed.

The California Court of Appeals ruled that jurors could not be informed of Fuhrman's Fifth Amendment plea. Nor might the jury draw adverse conclusions from his absence. The defense appealed to a higher court.

Prosecution witness Gary Sims, of the California Department of Justice, testified that DNA testing proved that blood found inside the Bronco had come from both Goldman and Simpson. FBI agent Deedrick challenged defense witness Dr. Lee's testimony that marks on Goldman's jeans might have come from shoe prints of a second murderer. Rather, they matched the ribbed texture of Goldman's shirt. FBI footprint expert William Bodziak observed that what Dr. Lee had characterized as "imprints" on the Bundy walkway were impressions made in the concrete when it was poured years earlier.

On September 21, 1995, the California Supreme Court rejected the defense appeal to reinstate the judge's instruction to the jury about Fuhrman.

The next day, the defense rested. Then Cochran said his client "would like to make a brief statement." Prosecutor Clark objected. "This is a bid to get material admitted through conjugal visits that is not admitted in court."

Simpson stood up. "I am mindful of the mood and the stamina of this jury," he said. "I have confidence of their integrity … that I did not, could not, and would not have committed this crime… I have four kids—two kids I haven't seen in a year. They ask me every week, 'Dad, how much longer…?'"

"All right," the judge cut in. He asked Simpson if he understood that he had a right to testify. "Yes," said Simpson.

Both sides rested. Later, a defense lawyer revealed that Simpson, coached by Cochran and attorney Robert Kardashian, had rehearsed his statement for two weeks.