04-01-2005
: Passing Of A Hero
Mr.
Cochran already a prominent Los Angeles lawyer in 1994, when
Mr. Simpson, the former football star, asked him to join and
then lead the lawyers defending him on charges that he had
killed his former wife, Nicole Brown Simpson and a friend of
hers, Ronald L. Goldman. The televised trial riveted
the nation for most of 1995 and rocked it that October, when
the jury acquitted Mr. Simpson. He was later held
responsible for the killings in a civil case, where another
jury evaluated much of the same evidence against a more
relaxed standard of proof. Before the Simpson case,
Mr. Cochran was best known for bringing police brutality
cases on behalf of black clients and for representing
celebrities in trouble. Both experiences proved
valuable at the Simpson trial. Drawing on his
knowledge of the Los Angeles Police Department gleaned from
his days in the Los Angeles city attorney's office, Mr.
Cochran focused the Simpson jury's attention on shortcomings
in the department investigation of the killings and on the
seeming racism of one of its detectives. In the
trial's aftermath, Mr. Cochran's name became a sort of
shorthand but one that meant different things in different
contexts. To some, it stood for legal acumen. To
other, a masterly rapport with the jury. To still
others, the vexing roles of money and race in the justice
system. Mr. Cochran mostly enjoyed the references to
him in films and on late night television, where he was both
admired as a singularly effective trial lawyer and mocked
for his smooth style and court rhetoric. He pleaded
guilty to charges of extravagance and flamboyance.
" I like to get paid well and I like to enjoy the
rewards of my work." he wrote. But the money he
made, he said, allowed him to work for people he called
"the No J's" - "those cases I have taken in
which the chances for getting paid are actually
slim." For all the publicity of the Simpson
trial, the case that Mr. Cochran always said meant the most
to him was that of Elmer Pratt, a leader of the Black
Panther Party also known as Geronimo. Mr. Cochran
represented Mr. Pratt when he was convicted in 1972 of
murdering a 27year-old school teacher on a tennis court in
Santa Monica and worked tirelessly to overturn that
verdict. In 1997, Mr. Cochran was part of
the team that convinced Judge Everett W. Dickey of Orange
County Superior Court to void the conviction and free Mr.
Pratt because prosecutors had withheld crucial evidence
about a witness.
That same year, Mr. Cochran traded on the fame he
achieved in the Simpson trial to form a successful national
law firm - The Cochran Firm - devoted mostly to personal
injury cases. In "A Lawyer's Life," one of his two
autobiographies, Mr. Cochran conceded that he was involved
in only a few of the firm's cases and often just
tangentially. His name, though, he said, was often
"enough to cause the other side to initiate settlement
discussions." "I'm sort of the legal
gunslinger," he wrote, "the celebrity
lawyer." Mr. Cochran was a steady presence on
television after the Simpson trial, serving as the host of
programs on Court TV and as a legal commentator on NBC and
elsewhere. His work at Court TV caused him to spend more
time in New York, and he became a presence in the city's
legal and political circles. He represented Abner Louima,
the Haitian immigrant tortured by police officers in the
bathroom of a Brooklyn station house in 1997, eventually
helping to settle Mr. Louima's civil case for $8.75 million.
He also briefly represented Kadiatou Diallo, the mother of
Amadou Diallo, who was killed by four police officers in
1999. He and Benjamin Brafman defended Sean Combs, the rap
star, in a weapons case in 2001. Mr. Combs was acquitted.
Mr.
Cochran helped pay a libel judgment against the Rev. Al
Sharpton, erasing a political liability,
"because," Mr. Cochran said, "New York needs
Al Sharpton." Mr. Cochran was himself an occasional
plaintiff. In 1997, Andrea Peyser wrote a column about Mr.
Cochran's representation of Ms. Louima in The New York Post.
"History reveals," Ms. Peyser wrote, referring to
the Simpson case, that Mr. Cochran "will say or do just
about anything to win, typically at the expense of the
truth." Mr. Cochran filed a libel suit. In 1998,
a federal judge in Los Angeles, Kim McLane Wardlaw, agreed
with Mr. Cochran about what Ms. Peyser meant - "that he
'made up the police conspiracy theory' during O.J. Simpson's
criminal trial 'to save the guilty O.J. Simpson.' "
The statement was still, Judge Wardlaw concluded in
dismissing the suit, an opinion protected by the First
Amendment. In 2000, Mr. Cochran also sued a former client,
Ulysses Tory, for libel. Mr. Tory, dissatisfied with Mr.
Cochran's work, had for years written threatening letters to
Mr. Cochran and picketed at his office and during court
appearances. In 2003, a California state appeals court
upheld an order prohibiting Mr. Tory from commenting on Mr.
Cochran "in any public forum." The United States
Supreme Court heard arguments in the case this month. News
organizations and law professors filed briefs urging the
court to overturn the order, saying it represented a prior
restraint on speech that is prohibited by the First
Amendment. Johnnie L. Cochran Jr. was born in
Shreveport, La., on Oct. 2, 1937. His father, Johnnie L.
Cochran Sr., a pipe fitter and later an insurance executive,
moved the family to Alameda, Calif., in 1943. The
younger Mr. Cochran graduated from the University of
California, Los Angeles in 1959, with a degree in business
administration, and from Loyola Law School three years
later. He joined the Los Angeles city attorney's office, at
first handling drunken driving and misdemeanor battery
cases. Later, he prosecuted Lenny Bruce, the comedian, on
criminal obscenity charges. A judge dismissed the case on
First Amendment grounds. He went into private practice
in 1966 and made a name for himself in police brutality
cases but handled hundreds of other case, too.
He
represented Michael Jackson, the pop star, in his first
child molesting case. Mr. Cochran helped negotiate a
settlement of a civil case in 1994, and prosecutors dropped
the criminal charges. In all of his cases, Mr. Cochran
showed notable flair and creativity. When a client
accused of robbery said he was a victim of mistaken
identity, Mr. Cochran asked the victim to point out the
robber from the witness stand. "Without
hesitating," Mr. Cochran recalled, "she pointed
right at the man sitting at the defense table and said
firmly, 'That's him, sitting at the table.' " "But
knowing I was going to ask that question," Mr. Cochran
continued, "I'd seated my client among the spectators
and had a man of about the same build sitting at the
table." His client went free. Mr. Cochran's opposition
to the death penalty was tested in 1998, when his younger
brother, Ralonzo, was murdered. He asked the district
attorney, without success, not to seek the death penalty.
The killer was later sentenced to 75 years to life. Mr.
Cochran is survived by his wife, Dale Mason; two daughters,
Melodie Cochran and Tiffany Edwards; a son, Jonathan; and
two sisters, Pearl Baker and Martha Jean Sherrard. The team
of lawyers who worked on the Simpson case included some of
the nation's greatest legal talents and biggest egos. The
so-called dream team, which included Robert L. Shapiro, F.
Lee Bailey, Alan M. Dershowitz, Barry Scheck and Mr.
Neufeld, did not always get along. After the trial, Mr.
Shapiro said he regretted some of the team's tactics.
"Not only did we play the race card," he told
Barbara Walters, "we dealt it from the bottom of the
deck."
In
his 1996 memoir, "Journey to Justice," Mr. Cochran
responded.
"If
some people insist in comparing a double murder trial to a
card game," he wrote, "then they ought to be
honest enough to admit that we played the history and
credibility cards." Mr. Cochran was often asked if he
believed that Mr. Simpson was innocent. His answers were
careful. Mr. Simpson has always maintained his innocence, he
would say. And often he would change the subject, to
police misconduct and to the role of race in the criminal
justice system. Mr. Cochran spoke with pride about catching
Mark Fuhrman, then a Los Angeles police detective, in a lie
about whether he had ever used a racial epithet.
But Mr. Cochran's legacy may well be captured in
a little rhyme he used to convince the Simpson jurors to let
his client go. He reminded them that Mr. Simpson, asked by
prosecutors to try on a bloody glove found at his house
after the killings, struggled without success to pull it on.
"If the glove doesn't fit," Mr. Cochran said,
"you must acquit." Mr. Cochran said the line was
suggested by another member of the legal team, Gerald Uelmen,
and sometimes he seemed to grow tired of the references to
it and parodies of it in the popular culture.
"It's the line that eventually will be cited by
Bartlett's Familiar Quotations," he wrote, "the
line endlessly quoted to me by people, the line by which
I'll be remembered, and I suspect it will probably be my
epitaph."
Dare
to forge the future . . . make the difference.