Rethinking the OJ Simpson Trial

The OJ Simpson trial was considered the trial of the century and with good reason. But so many mistakes were made on the prosecution side that it resulted in what most believed was a clear-cut conviction going the way of the defendant. How did that happen?

Well, the prosecution lost this case primarily because of their witnesses and serious mistakes that were made with evidence (like the bloody glove). In this article, we’ll make an argument for why Simpson was innocent of first-degree murder, based on information available now that was not available then.

Simpson’s timeline of abuse

According to Simpson’s first wife, there was never any abuse in the household at all. She told the press that she divorced Simpson because she did not want any part of public life or being a celebrity. Their divorce was amicable and the first wife maintains that she was never abused during the relationship.

After they divorced, it was toward the end of Simpson’s career. He married Nicole Brown and proceeded to have a tumultuous abuse-ridden relationship with him. What changed?

The prosecution’s theory of the case centered around a history of abuse in their marriage that culminated in murder. But what if there is another explanation for why OJ’s behavior changed during that period? What if OJ was suffering symptoms of chronic traumatic encephalopathy?

CTE defenses

In 2021, we know a lot more about CTE (chronic traumatic encephalopathy) than we did in 1990s. CTE can cause a host of mental health problems including impulse control problems. It seems odd that OJ did not have a history of abuse with his first wife with whom he parted amicably, but then did have an abusive relationship with his next wife, Nicole Brown. Somewhere along the line, you can argue there was a personality change.

A different theory of what happened

The prosecution argued that Simpson stalked Nicole Brown and Ron Goldman to her Brentwood estate and then killed both of them. However, they never found the murder weapon, meaning they don’t know if the knife was picked up at Brentwood or OJ brought it with him. The latter would be clear evidence of premeditation while the former could be evidence that OJ saw the two together and then flew into a rage. If the latter is true, then a case for manslaughter may be made. This was Robert Shapiro’s initial instinct, but OJ was not interested in a plea.

If you think this is getting off easy, that’s not necessarily true. If you invoke an insanity defense in court, the court assumes that you could harm others in the same way. They remand you to the care of a psychiatric facility that can hold onto you indefinitely, or until they say your impulse control problems are managed.

Talk to a West Palm Beach Criminal Defense Attorney

The West Palm Beach criminal attorneys at the Skier Law Firm, P.A. represents the interests of defendants in criminal cases. Call today to discuss your situation in more detail and we can begin preparing your defense immediately.


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