Defense Wins Key Battles In Arguments Over Jury Instructions
SANTA MONICA, Calif. (Jan. 17) -- Defense lawyers in O.J. Simpson's civil trial won a key ruling, allowing them to argue that evidence may have been planted by police during the investigation of the murders of Nicole Brown Simpson and Ronald Goldman. Judge Hiroshi Fujisaki made the ruling Friday afternoon, as attorneys argued over what instructions should be given to the jury.
Court is not in session Monday because of the Martin Luther King Jr. holiday. Closing arguments are scheduled to begin Tuesday, and the jury is expected to begin deliberations on Thursday.
The defense has contended throughout the trial that various items of evidence were planted by Los Angeles Police officers bent on framing Simpson, but Friday's ruling cleared the way for them to make it a focal point of their closing argument. Like the defense in Simpson's criminal trial, lead defense lawyer Robert Baker plans to argue that the Rockingham glove and blood found on Simpson's sock, on the console of his Bronco, and on the back gate of the Bundy condominium were planted. But Baker has also contended during the civil trial that other evidence was planted as well. He is planning to argue that the Bundy glove in evidence was not the glove collected at the crime scene. Baker also will likely contend that blood found at Rockingham --as well as the knit cap found at Bundy -- was planted.
Simpson's defense team also got a boost from another Judge Fujisaki ruling that concerns evidence planting and contamination. The plaintiffs argued that the planting and contamination theories should be considered an affirmative defense -- that the defense must offer proof that this was the case before making the argument. Judge Fujisaki, however, disagreed and sided with the defense.
Court was not in session Friday morning, as lawyers from both sides met to propose and discuss the jury instructions. Instructions that the two sides could not agree on were argued in front of the judge Friday afternoon. Jurors were not present. Among the instructions Judge Fujisaki will give to the jury after closing arguments is a reminder that Simpson's not guilty verdict in his criminal proceedings should not affect juror's consideration of evidence in the civil trial.
On Tuesday, plaintiffs attorney Daniel Petrocelli, who represents Fredric Goldman, will conduct the bulk of his side's closing arguments. The Browns' attorney John Kelly and Sharon Rufo's lawyer Michael Brewer will address the jury briefly. Baker is expected to handle the defense's arguments on Wednesday. Petrocelli will also present the plaintiffs rebuttal argument.
-Robert Schmidt
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