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Androvett Blog

by Androvett Legal Media & Marketing at 12:00:00 pm

OJ Simpson Redux: Discovery of new forensic evidence creates Back to the Future moment

Dallas Criminal Defense Attorney John Teakell, a former federal prosecutor, discusses how the potential discovery of important forensic evidence could affect the still-open murder investigation of Nicole Brown Simpson and Ron Goldman:

Forensic science and DNA enhancement technology have advanced to the point where it’s possible to retrieve minute traces of DNA evidence from blood or saliva from an object like a knife, even one that’s been exposed to the elements for months or years.

It’s ironic that we’re still talking about DNA evidence because OJ’s murder trial was such a turning point for forensic science. The public really learned about DNA evidence from the trial testimony, and shows like CSI can trace their origins straight back to the OJ trial.

If forensic evidence linking OJ Simpson to the murder is discovered, it would create a procedural challenge for prosecutors, but it would not be insurmountable. Since Simpson was found not guilty, double-jeopardy statutes would prevent Simpson from being charged with the same offense. However, prosecutors might be able to charge him with a different offense related to elements of the same crime.

A bigger problem for authorities is the years that passed between when the weapon was discovered and when the officer turned it over to detectives for analysis. That could set the stage for a repeat of the original trial defense tactics, questioning the professionalism and motives of the LAPD and the quality of the chain of evidence presented to jurors. Since the officer recently retired, he’s not likely to face any professional or legal fallout from failing to alert investigators about this potentially important piece of evidence.

Here we go again with more drama.