Selective Juror Disqualification

Johnnie L. Cochran, Jr., SBN 033334
Carl E. Douglas, SBN 097011
LAW OFFICES OF JOHNNIE L. COCHRAN, JR.
4929 Wilshire Boulevard, Suite 1010
Los Angeles, California 90010-3856
(213) 931-6200

Attorneys for Defendant ORENTHAL JAMES SIMPSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

PEOPLE OF THE STATE OF CALIFORNIA
Plaintiffs,

vs.

ORENTHAL JAMES SIMPSON
aka O.J. Simpson

CASE NO. BA 097211

SUPPLEMENTAL DECLARATION IN SUPPORT OF DEFENDANT'S MOTION FOR AN EVIDENTIARY HEARING RE SELECTIVE DISQUALIFICATION OF JURORS; DECLARATION OF BRENDA POSTELLE AND JOHNNIE L. COCHRAN, JR.

COMES NOW ORENTHAL JAMES SIMPSON, by and through his attorneys of record, and hereby submits this Supplemental Memorandum of Points and Authorities to Defendant's Motion For an Evidentiary Hearing re Selective Disqualification of Jurors.

This supplemental memorandum is based on all files and records of this case, the attached Declaration of Brenda Postelle, and any and all such other evidence as may be presented at the hearing of this matter.

DATED: June 14, 1995

Respectfully submitted, LAW OFFICES OF JOHNNIE L. COCHRAN, JR.

BY: /S/
Johnnie L. Cochran, Jr.
Attorneys for Defendant
ORENTHAL JAMES SIMPSON

BY: /S/
Carl E. Douglas

MEMORANDUM OF POINTS & AUTHORITIES

I.

Mr. SIMPSON'S previously filed motion seeks the scheduling of an evidentiary hearing into the question of whether there exists a systematic effort to selectively target for dismissal jurors whom it is perceived has opinions favorable to the defense.

The attached Declaration of former prospective juror Brenda Postelle reinforces the defenses worst fears; that members of the Los Angeles Police Department have secretively investigated jurors. Ms. Postelle describes a conversation she recently had with Los Angeles County Sheriff Deputy Rufus Downs, who had interviewed Postelle concerning juror conduct issues. While Deputy Downs denied that he or his partner Deputy Leon Brown were then interviewing jurors, he did state that the "LAPD was investigating them."

At a minimum, Downs' comments justify further inquiry by this Court into the nature and extent of any information he may have suggestion that the LAPD has actively investigated jurors seated in this trial.

DATED: June 12, 1995

Respectfully submitted,

LAW OFFICES OF JOHNNIE L. COCHRAN, JR.

BY: /S/
Johnnie L. Cochran, Jr.
Attorneys for Defendant
ORENTHAL JAMES SIMPSON

BY: /S/
Carl E. Douglas

DECLARATION OF BRENDA POSTELLE

I, BRENDA POSTELLE, declare and state as follows:

1. I am a former prospective juror in the matter of People v. O.J. Simpson, Case No. BA097211. I am aware of those facts contained in this Declaration and, if called as a witness, could competently testify thereto.

2. In April 1995, I called the court to inform them of information I had which I felt was relevant to questions concerning the integrity of the current jury then seated in the Simpson matter. In response to my call, on or about April 25, 1995, I was interviewed by Los Angeles County Sheriff Deputies Rufus Downs and Leon Brown. The interview took place in my home with my son Brian also present for part of the interview.

3. During the course of my interview, I asked Deputy Downs whether the Sheriff Deputies were "going around investigating jurors?" Downs responded, "oh, no. We're not doing that. We work directly for Judge Ito. LAPD is the one investigating." It was clear from conversation that Deputy Downs was suggesting that the Los Angeles Police Department was then investigating the jurors who were then currently seated on the Simpson case.

4. Sometime after this conversation with the deputies, I spoke with Johnnie L. Cochran Jr. informing him of the substance of my conversation with Deputy Downs.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 14th day of June 1995.

/S/
Brenda Postelle
Declarant