Based on all of the information obtained in the present matter, the City no longer believes it has a sufficient evidence to go forward with the charges herein. In regards to Count one, Assault in the Fourth Degree — DV, the City does not believe that there is sufficient evidence to prove that the conduct of the defendant was not legally justifiable. Without the predicate domestic violence offense, the City is likewise unable to go forward with Count Two, Interfering with the Reporting of Domestic Violence. In addition, based on the alleged victim’s stated intentions for calling 911 at the time of the incident, there is no evidence that the alleged victim was calling 911 to specifically report a domestic violence incident or that the defendant would have reason to believe that she was calling to report domestic violence.
Interestingly, Simpson tells Postman that despite his arrest and night in jail, he still supports the domestic violence laws that left police with little discretion but to detain and charge him:
“I’ve thought a lot about this the past several weeks. I don’t like what happened to me and I didn’t like going to jail with all the unpleasantness associated with that. But I think that’s better than the alternative.”
The alternative might be a victim denying abuse out of fear, only to be seriously injured or murdered after the police leave the scene. It is a complicated issue that certainly deserves more thought, but the current law is certainly better than the more hands-off approach to domestic disputes that used to prevail.
As for the political fallout, Simpson wrote in an email to supporters:
I am certain the Republican machine is gearing up with negative attacks, but the voters have rejected personal attack campaigns against me before and will see through them again.
No doubt. And I do think that in the absence of charges, such attacks might have been more effective had the GOP not used them in the previous campaign. Without a court case to keep this issue fresh, most voters will likely view the attack ads and mailers as old news. And that’s good news for Simpson.