AThe defense ofO. J. Simpson began on Monday morning, July 10,1995. The first defense witnesses were Simpson family members who had spent the evening of June 13, 1994, with him. Simpson's sister,

AThe defense of O. J. Simpson began on Monday morning, July 10,1995. The first defense witnesses were Simpson family members who had spent the evening of June 13, 1994, with him. Simpson's sister, Carmelita Durio, and his eldest daughter, Amelle, said he was "distressed" when informed of murders. Then came his 73-year -old mother, Eunice. "He seemed very upset," she testified. "Shocked."

ВNext day, Jack McKay, an executive who had drawn Simpson as a golf partner at a celebrity tournament four days before the slayings said the defendant was especially cordial for a celebrity and was eager to pose for photographs. Cross-examining, Marcia Clark brought out that the Hertz Corporation, for which Simpson was a spokesman, had been paying the defendant for his sociability.

CThe defense called Danny Mandel and Ellen Aaronson. On Sunday evening, June 12, they said, they walked through the Bundy neighborhood to the Mezzaluna restaurant. Strolling back at about 10:25 p.m., they passed 875 South Bundy and neither saw nor heard, anything unusual. I-enise Pilnak, a South Bundy neighbor, saying she was "a perfectionist for time," showed the jury she wore two •atches on her left wrist. The neighborhood was "exceptionally quiet," she said, when she heard a dog bark at bout 10:33 to 10:35. On cross-examination, she admitted giving various other times in police statements and ■toviews with the press.

DWednesday, July 12, brought defense witness Robert Heidstra, who testified that as he walked his dog on Bundy at about 10:40 p.m. he heard two persons arguing. One shouted "Hey! Hey! Hey!" Then came the frenzied wailing of a dog. Next, a white sport utility vehicle sped south, ross-examination disclosed that Heidstra had told friends the voices were a younger white man's and an older liack man's, and that Simpson's was one.

EJohnnie Cochran objected furiously. Judge Ito sent the jury out. "You can't tell by someone's voice when they're black," said the seething Cochran. "That's racist, and I resent it." Speaking directly to Cochran rather than to the court-an attitude forbidden in courtroom protocol and one -dge had frequently warned against- Darden said, "If the statement is racist, then he is the racist, not me, L?" - "I didn't say you," said Cochran. -"That's what you're suggesting," replied Darden. Judge Ito stood Tm so mad at both of you, I'm about to hold both of you in contempt." He declared a recess and headed. bench. - "I apologize, Your Honor," said Darden. - The judge tossed his response over his shoulder. "It і ^тлке more than that." Later, Darden asked the witness whether a driver could get from Bundy to Simpson's ■ce in four minutes. "If he's speeding, yes," said Heidstra.

FWitness Wayne Stanfield, the American Airlines pilot on Simpson's redeye flight, told of asking his celebrity passenger at 2:45 a.m. to sign his logbook. He said he had seen no cuts on Simpson's left hand. A courier, who obtained a Simpson autograph at the Los Angeles airport earlier that evening, ■KT^ed. Cross-examined, both men admitted they had hardly been looking for such cuts. Several Hertz employ­ee ir.d passengers on Simpson's flights testified that they had seen no cuts on his fingers. One passenger, copy- k lawyer Mark Partridge, said Simpson told him that he had just learned of the murders. Unfazed, Partridge copyrighted his own eight-page statement after the trip) asked for and received a Simpson autograph.

GDr. Robert Huizenga, former team physician for the Los Angeles Raiders, cited a litany of ail­ments he found while examining the defendant within days after the murders. They included two kinds of arthritis and "a whole array of the typical post-NFL injury syndromes," all of Lbrh meant that, for Simpson, "fast walking, slow jogging would be difficult if not impossible." Deputy Dis- ■ex Attorney Brian Kelbcrg cross-examined. Had the doctor wondered whether Simpson "had a motive to lie tending his symptoms?" The team doctor said he had considered that, because potential draft choices often fee to avoid disclosing their ailments. The prosecutors introduced a Simpson exercise video made only two ■ce^ before the murders. Kelberg argued that Simpson's football experience left him well equipped to "play kxigh pain," benefiting from an "adrenaline rush" that could have carried him through the intense physical ■tess of committing the murders. The doctor agreed. A 45-minute videotaped workout was shown with the absent. In one out-take, Simpson and a trainer threw punches in the air. "You got to get your space in if ■■'re working out with your wife, if you know what I mean," the taped Simpson said. "You can always blame ■ working out." The remark, said Kelberg in arguing for court permission to show the tape, proved "that he mm his wife or thinks beating a wife is of no consequence." The judge admitted the tape because its probative: -.as "substantial."

One of the most important features of a state criminal law, for example, the Ohio Criminal Code, is its scheme of penalties and sen­tencing, and treatment of offenders. Penalties are scaled according tc the comparative seriousness of offenses and to the criminal history of offenders. Moreover, within each degree of crime, a range of penal­ties is provided in order to permit judges to tailor penalties to indi­vidual offenders rather than to their offenses alone. The sentencing law provides strict penalties for repeat offenders, for those who use. or threaten the use of, violence, and for those who use, or carry within their reach, firearms, automatic firearms, or firearms equipped with silencers during the commission of the crime. Some felonies carry in­determinate sentences, that is, the offender is sentenced to both a mini­mum and maximum term in prison. Such a sentence is often reported by the media as, "offender gets 5 to 25". This means that he must be imprisoned from between five years (the minimum term) and 25 years (the maximum term), and the Parole Board determines if and when the offender is paroled. An offender must serve the minimum term before he is eligible for parole. The minimum term is reduced for good behav­ior, and any earned time credit the offender may qualify for as a result of participation in specific rehabilitative programs. Further, in certain situations, the offender may secure early release through "probation". However the Parole Board may determine that the offender must serve additional time.

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The Ohio Criminal Code also provides another kind of actual incarceration as an enhancement of the penalty for committing any felony while having a firearm, an automatic firearm, or a firearm equipped with a silencer on his person. This enhancement is appli­cable only where the sentence for the underlying felony is a life sentence or an indefinite sentence. Where an offender is convicted of any felony and it is proven that offender had a firearm on his person when he committed the felony, and where the sentence imposed is a life sentence, the judge must sentence the offender to an additional three-year term of actual incarceration. Where the firearm is an automatic firearm or is equipped with a silencer, the mandatory sentence is a six-year term of actual incarceration. Actual incarceration based upon the use of a firearm, an automatic firearm, or a firearm equipped with a silencer, must be served before and separate from any other incarceration, including another actual incar­ceration, for the underlying offense. It cannot be served concurrently, that is, at the same time as the incarceration for the underlying offense. These offenses are common offenses and many of them are subject to enhancement, that is, the offenses and penalties become more serious because of the offender's criminal history or because of the monetary value of the item or service which was illegally taken or used. The concept of actual incarceration is not new. The best-known application of the general concept in Ohio is the mandatory jail sentence upon conviction for driving while under the influence of alcohol or drugs. While this offense is a misdemeanor offense, it is a very common offense and generally illustrative of the concept of actual incarceration. An offender convicted of driving under the influence faces three consecutive days of imprisonment. If he was convicted of a similar offense within five years of the underlying offense, he faces 30:onsecutivc days of imprisonment.

In the state of Ohio the judge must sentence the offender to an additional three-year term of actual incar-:eration if

Суворість покарання залежить від низки чинників. По-перше, покарання градуюються відповідно

і ступеня тяжкості злочину та кримінального минулого правопорушників. Закон передбачає суворіші:::-:::рання за повторні правопорушення, особливо у випадку застосування насильства або погрози його

-.тосування, а також, якщо правопорушники під час вчинення злочину використовують або носять при їі вогнепальну (включаючи автоматичну) зброю або обладнану глушником. У цих випадках закон т.гсдбачає посилення вироку - судця має засудити обвинуваченого до додаткового трирічного строку

_:стирічного, у випадку зброї з глушником) фактичного ув'язнення, яке засуджений повинен відбути

о та окремо від будь-якого іншого ув'язнення, включаючи інше фактичне ув'язнення за злочин, на яко-

■ грунтуються злочинні дії. Посилення вироку застосовується також у зв'язку з кримінальним минулим •-::чинця або значною цінністю речі чи послуги, які були об'єктами злочину.

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