The Families v. O.J. Simpson

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Defense Chooses Not To Cross-Examine Simpson
SANTA MONICA, Nov. 26 (Noon) -- Testimony came to an abrupt halt in the O.J. Simpson civil trial after the morning court break Tuesday, as the plaintiffs finished questioning Simpson and his defense team unexpectedly decided not to cross-examine their client.

"Your honor, I am sorry, I have changed my mind," Simpson lead defense attorney Robert Baker told Judge Hiroshi Fujisaki. "I will put Mr. Simpson on, and put on his testimony in our case, in December."

As court began, Judge Fujisaki formally dismissed a white, female juror for trying to get a message to a plaintiffs' paralegal. The juror, Ann-Marie Jamison, wanted to tell Steve Foster that she thought he was cute. She also had been seen drawing hearts on her notebook. The bailiff who delivered the note for Jamison was taken off the case.

In a break from normal procedure, the judge lectured the jurors and reminded them that they could be sequestered.

"A jury is not a social club, a jury is the fulfillment of a legal obligation," Fujisaki said. He did not say in open court exactly what happened.

The new juror, a 25-year-old white woman, said in jury selection that she thought Simpson was not guilty and likened him to the Michael Jordan of her parent's generation.

In testimony, plaintiffs' lawyers Michael Brewer and John Kelly each grilled Simpson for about 20 minutes, focusing mainly on domestic violence.

Brewer, who represents Ronald Goldman's mother, Sharon Rufo, sharply questioned Simpson about his suicide note. Simpson, Brewer pointed out, said in the letter that he was "a battered husband." Brewer then took Simpson through the three domestic violence incidents that the plaintiffs lawyers have extensively discussed, asking him each time if he felt battered.

"In connection with the 1993 incident when Nicole called 911 to have you removed from Gretna Green, were you battered in that incident?" Brewer asked?

"No," Simpson replied.

Quoting from Simpson's suicide note, Brewer pointed out that Simpson implored the public to "remember the real O.J., not this lost person."

"Mr. Simpson, this 'lost person' you refer to was a double murderer?" Brewer asked.

"No," Simpson replied.

During his examination, Kelly tried to draw a parallel between Simpson's 1989 domestic violence episode, when he pleaded no contest to spousal battery charges and the 1994 double murder.

After Simpson left Rockingham, Kelly noted, he borrowed a friend's car, returned to the house, and grabbed some clothes and a bag of jewelry. Kelly also pointed out that Al Cowlings claimed in his deposition that Simpson jumped over a neighbor's fence to get back on his property. Nevertheless, Simpson testified that he walked through the neighbor's gate.

When he picked up his clothes and jewelry, Simpson testified, he went back to his friend's car only to realize that he lost the keys to the car. Simpson then said he put the jewelry bag under the lid of a trash can and went to look for the keys. Simpson could not find the keys and went back to his friend's house --accidentally leaving the jewelry bag in the trash. Cowlings later went and retrieved the jewelry and found the keys, right near a fence.

"Mr. Simpson isn't this exactly what happened on June 12, 1994?" Kelly asked. "You went over a fence, you dropped something, you hid a bag in a trash can, and you almost avoided detection then."

Replied Simpson: "That's incorrect."

Court is in recess until Dec. 3. The plaintiffs are expected to call Robert Kardashian, business lawyer Leroy "Skip" Taft, Al Cowlings, and Paula Barbieri by her videotaped deposition before finishing their case.

-Robert Schmidt
Court TV Law Center

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