Defense Allowed To Question Simpson About Former Wife's Lifestyle
SANTA MONICA, Calif. (Jan. 10, Noon) -- In a hearing that delayed O.J. Simpson's testimony Friday morning in his civil trial, Judge Hiroshi Fujisaki ruled that Simpson can testify about Nicole Brown Simpson's alleged drug use and 1992 abortion.
But Judge Fujisaki's ruling came with a restriction: The defense cannot use this testimony to argue that another killer committed the murders. Fujisaki allowed Simpson's testimony on Nicole Brown Simpson's lifestyle to show O.J. Simpson's state of mind leading up to the murders and whether or not he had a motive to kill his ex-wife.
With the ground rules laid, Simpson is scheduled to take the stand at about 1:30 p.m. when court reconvenes after the lunch break. The morning court session also featured deposition testimony from Los Angeles coroner's office employee Gary Siglar, who gave Det. Philip Vannatter the two murder victims' blood samples. Siglar said that it was "uncommon" for homicide detectives to pick up blood samples from the coroner's office. The defense also finished playing the video deposition of Dr. Henry Lee.
The scene outside the courthouse, was much calmer than when Simpson testified in late November. About 130 people vied for 16 public seats in the court-sponsored lottery. A handful of protesters and publicity seekers milled about, some cheering and some jeering when the former football star arrived. One especially loud onlooker, standing on the roof of his van, urged people to read the bible and admonished the media as "image makers." As lead Simpson defense attorney Robert Baker arrived, the man yelled out: "Is that Dr. Kevorkian? Dr. Kevorkian, what are you doing here?"
Smiling and shaking his head, Baker shot back: "Get a life."
Judge Fujisaki took the opportunity of the hearing on Simpson's testimony -- held outside the presence of the jury -- to decide several other pending motions. The judge denied a defense motion to exclude some of the experts the plaintiffs have decided to call for the rebuttal phase of their case. One expert will testify about the new shoe photos, two will address the issue of blood planting, and one will rebut the defense's evidence contamination theories.
For the third time, Judge Fujisaki ruled that the defense could not introduce Mark Fuhrman's criminal trial testimony. Although defense lawyers put forth a new legal theory in their attempt to squeeze Fuhrman's words past the hearsay rule, it did not sway the judge. The defense had also asked to introduce statements Fuhrman made to aspiring screen writer Laura Hart McKinny, including one he made in July 1994 bragging about his work on the Simpson investigation.
Defense attorney Daniel Leonard told the judge that Fuhrman's statements were relevant because he was "one of the primary investigators and actors in this case," and the evidence showed Fuhrman was "racist and a felon." Plaintiffs attorney Edward Medvene, used the same argument the plaintiffs have put forth in the past: that the defense wanted to use Fuhrman's testimony only as impeachment. Judge Fujisaki ruled that the taped statements were "not only hearsay, but remote and not relevant."
During the hearing on whether to allow Simpson to testify about his ex-wife's alleged drug use and sexual habits, Baker gave a preview of what Simpson will say on the stand. Baker said Simpson will address each of the domestic violence episodes that the plaintiffs have previously brought up in court. He will also talk about Nicole Brown Simpson's relationships with other men and her abortion in 1992.
Plaintiffs attorney John Kelly argued that these intimate details were not relevant to the murders because they mainly occurred before Simpson and his ex-wife reconciled in 1993. But Baker contended that Simpson needed to discuss the incidents because the plaintiffs have wrongly portrayed his client.
Said Baker: "There has been a character assassination that has gone on from day one in this case."
-Robert Schmidt
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