As O.J. Simpson's trial draws near, prosecutors are being pressured to make their most important decision: Will they seek the death penalty for a black sports hero?
Superior Court Judge Lance Ito wants to know the answer as soon as possible and so do Simpson's lawyers. But the district attorney's office, which first promised a decision by the end of August, has now postponed its announcement at least until Sept. 19."I don't know what they're waiting for," said Harland Braun, a Los Angeles defense attorney. "I look at the options, and I think, `Could they conceivably ask for the death penalty in this case?' The idea takes my breath away."
Braun and other legal experts say many factors weighed in other potential death-penalty cases will have less impact than the overriding issues of Simpson's race and celebrity. The likely decision, they say, will be to seek life imprisonment if he is convicted of murdering his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman.
"The judge pointed out that this is not a decision you want to rush to judgment on," said Sandi Gibbons, a spokeswoman for District Attorney Gil Garcetti.
"This case is moving forward at the speed of light," she said. "In most special circumstance (potential capital) cases, the time from arraignment to trial is eight to 12 months, and it's not until late in that process that the prosecutors do their memo to the (death penalty) committee."
Simpson was arrested June 17, and his trial is set for Sept. 26.
Ito told prosecutors he did not want to hurry their decision "because it is one of the most important a public prosecutor makes." But he also said: "Not knowing this decision complicates all of our lives."
The judge said the death-penalty issue would affect how he drafts a jury questionnaire and plans his trial schedule.