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| Could OJ Simpson be charged over the knife found at his former LA home? | Could OJ Simpson be charged over the knife found at his former LA home? |
| (35 minutes later) | |
| The revelation that Los Angeles police have recovered a knife that may be linked to the 1994 murders of OJ Simpson’s wife Nicole Brown Simpson and her friend Ronald Goldman is a stunning twist in the two-decades-old cold case, but the legal ramifications of the new evidence are almost certainly nil. | The revelation that Los Angeles police have recovered a knife that may be linked to the 1994 murders of OJ Simpson’s wife Nicole Brown Simpson and her friend Ronald Goldman is a stunning twist in the two-decades-old cold case, but the legal ramifications of the new evidence are almost certainly nil. |
| Related: Police investigating knife found on OJ Simpson's former LA property | Related: Police investigating knife found on OJ Simpson's former LA property |
| “Even if there is forensic evidence that demonstrably shows the blood of OJ Simpson and Nicole Brown on the knife, the double jeopardy clause of the US constitution prevents Mr Simpson from prosecution,” said Peter Arenella, a professor of law at UCLA Law School. “Mr Simpson will not face any additional criminal liability.” | “Even if there is forensic evidence that demonstrably shows the blood of OJ Simpson and Nicole Brown on the knife, the double jeopardy clause of the US constitution prevents Mr Simpson from prosecution,” said Peter Arenella, a professor of law at UCLA Law School. “Mr Simpson will not face any additional criminal liability.” |
| Double jeopardy is a principal of US law that prevents a defendant from being retried after he is acquitted of a crime. | Double jeopardy is a principal of US law that prevents a defendant from being retried after he is acquitted of a crime. |
| The weapon used in the brutal slaying of Brown and Goldman was never recovered, leaving a giant hole in the case against OJ Simpson, who was acquitted of the murders in 1995. | |
| Arenella said that “the only person who might bear criminal liability” based on the new evidence is the retired police officer who turned it in. | Arenella said that “the only person who might bear criminal liability” based on the new evidence is the retired police officer who turned it in. |
| The LAPD is still in the early stages of its investigation, but the knife appears to have been kept as a memento for many years by a retired LAPD officer. The retired officer told police that the knife was given to him by a construction worker who found it during the 1998 demolition of OJ Simpson’s house in Brentwood, California. | The LAPD is still in the early stages of its investigation, but the knife appears to have been kept as a memento for many years by a retired LAPD officer. The retired officer told police that the knife was given to him by a construction worker who found it during the 1998 demolition of OJ Simpson’s house in Brentwood, California. |
| The knife is undergoing forensic testing by LAPD, but Lawrence Kobilinsky, professor of forensic sciences at the John Jay College of Criminal Justice, cautioned that any evidence may be contaminated. | The knife is undergoing forensic testing by LAPD, but Lawrence Kobilinsky, professor of forensic sciences at the John Jay College of Criminal Justice, cautioned that any evidence may be contaminated. |
| “This is 22 years old, and evidence that is 22 years old could be greatly compromised,” Kobilinsky said. | “This is 22 years old, and evidence that is 22 years old could be greatly compromised,” Kobilinsky said. |
| Kobilinsky, who closely followed the murder case and OJ Simpson trial, said that police will test for blood and DNA, but that fingerprint evidence is highly unlikely after this many years. | Kobilinsky, who closely followed the murder case and OJ Simpson trial, said that police will test for blood and DNA, but that fingerprint evidence is highly unlikely after this many years. |
| Citing reports from celebrity news website TMZ that the knife may have been buried in the ground, he warned: “Soil has a component that decomposes DNA.” But, he added, “DNA is a very resilient substance.” | |
| Even if DNA is found on the knife, and even if prosecution were possible, it’s unlikely that such evidence could stand up in court. | Even if DNA is found on the knife, and even if prosecution were possible, it’s unlikely that such evidence could stand up in court. |
| “You need to be able to examine the knife as a piece of evidence and lay the foundation. What is the chain of custody? What were the conditions it was kept in? Who handled it? These are very serious questions that need answers,” said Alex Bastian, a prosecutor with the San Francisco district attorney’s office. | “You need to be able to examine the knife as a piece of evidence and lay the foundation. What is the chain of custody? What were the conditions it was kept in? Who handled it? These are very serious questions that need answers,” said Alex Bastian, a prosecutor with the San Francisco district attorney’s office. |
| Bastian added that the actions of the retired police officer in keeping the knife were “very concerning”, but did not want to speculate about his potential criminal liability since he is not fully familiar with the facts of the case. | Bastian added that the actions of the retired police officer in keeping the knife were “very concerning”, but did not want to speculate about his potential criminal liability since he is not fully familiar with the facts of the case. |