A Look Ahead: Simpson's New Weapon
SANTA MONICA, Calif. -- When the O.J. Simpson civil defense team returns to court on Jan. 6, it will have a new weapon in its arsenal -- Simpson's children.
Judge Hiroshi Fujisaki instructed the jury before it left for an extended holiday recess not to pay attention to any news it hears about Simpson and his children. But the jury will likely hear about the verdict, experts say. Although it is not supposed to consider evidence from outside the courtroom, the custody ruling could affect their decision in the civil case.
"I think the jury will find out about it," says Paul Rothstein, a professor at Georgetown University's law school. "To them it will signal that yet another adjudicatory body has found [Simpson] to be an OK guy and not a murderer."
Judge Nancy Wieben Stock's decision, which gave the former football star full custody of his two young children, will likely influence the civil trial in a number of different ways, trial watchers say. On a subconscious level, the civil jury may weigh the effect on the children if it finds their father liable for the murder. More tangibly, if Simpson is found liable, the jury can reduce the amount of punitive damages it awards because he has to care for the kids.
The Dec. 20 ruling was not the final chapter in bitter legal skirmish between Simpson and Louis and Juditha Brown, the children's maternal grandparents. Although the Browns were awarded visitation rights in the custody decision, they have asked Judge Wieben Stock to stay her decision pending an appeal. A hearing on the stay is set for Jan. 10 in Orange County Superior Court. Sydney, 11, and Justin, 8, returned to Simpson's Rockingham estate shortly before Christmas. They had been living with their grandparent since Simpson's June 1994 arrest.
Even if the jurors did not see the pictures of Simpson and his children on the news, or read about the ruling in the newspaper, the civil defense team will likely try to bring up Simpson's victory in the courtroom. Lead defense lawyer Robert Baker has mentioned the case several times in court already. During his cross-examination of Juditha Brown, Baker asked about the custody case and accused her of letting Sydney and Justin sue their father in the civil case. Should Simpson take the stand again -- as his lawyers promise -- he, too, will probably discuss his children and try to slip in word of his victory in the custody case.
Experts also note that the defense team may shift its legal strategy because of the custody ruling. Instead of focusing on the suit filed by Nicole Brown Simpson's estate, where the damages would go to the two children, the defense can train its firepower on Fredric Goldman and Sharon Rufo, Ronald Goldman's parents.
"This narrows the target that O.J. has to shoot at," Rothstein says.
The defense may lessen its attack on Nicole Brown Simpson's character, which it previewed during opening statements, and instead pry into the relationship Ronald Goldman had with his parents. Earlier in the case, Rufo admitted, during videotaped testimony, that she had not seen her son in the seven years before his murder. Fredric Goldman testified that he and his son were extremely close. However, the defense may now try to dispute that in an effort to reduce damages or portray Goldman as trying to profit from his son's death.
The custody case will have a tangible effect on damages, should the jury find Simpson liable for the murders. In awarding punitive damages, the jury can take into account all of Simpson's assets and liabilities. Since Simpson will be his children's primary source of support, that could reduce the amount of money he would have to pay.
When court resumes January 6, the plaintiffs will continue cross-examining photographic expert Robert Groden. Groden's testimony was put on hold so the defense could call Dr. Frederic Rieders, an out of town witness. After the photo expert, the defense is expected to call more police witnesses, including Otis Marlow and Paul Tippin, former LAPD officers who now work as investigators for the plaintiffs. Also scheduled to take the stand that week are Brian "Kato Kaelin" and Cora Fischman, a friend of the Simpsons.
The defense also officially notified the plaintiffs that it planned to call Simpson again. It is not clear when, or if, he will testify. However, the remainder of the defense's case is expected to last about two weeks.
-Robert Schmidt
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