The Families v. O.J. Simpson

Judge Mulls Domestic Violence Profiling
SANTA MONICA, Nov. 7 (Evening) -- Outside the presence of the jury, the plaintiffs Thursday afternoon in the O.J. Simpson civil trial argued that they should be allowed to put on witnesses to offer expert testimony on the profile of a person that would commit a domestic homicide. Although Judge Hiroshi Fujisaki did not rule on the motion, he indicated that he had serious reservations about allowing the testimony of one of the experts.

Friday court begins at 9:00 a.m. The only scheduled witness is crime scene reconstruction expert and pathologist Werner Spitz. Fujisaki is expected to first hear a defense motion to bar the autopsy photos of Nicole Brown Simpson and Ronald Goldman from being shown to the jury. At the very least, the defense wants to limit the number of photos the plaintiffs can present as evidence. Fujisaki, who briefly took up the question this afternoon, seemed inclined to agree that the plaintiffs should scale down their list of 35 photos.

"I'm concerned that 35 photographs seems somewhat successive," Fujisaki said.

Earlier in the afternoon Dr. Park Dietz, a forensic psychiatrist, and Donald Dutton, a psychologist and expert on spousal homicide took the stand to tell the judge what they would say in their testimony.

Dietz, a nationally known expert, said that he would be able to discern a motive for the murders by studying the evidence from the crime scene and autopsies. Dietz further said he could testify that, assuming Simpson committed the crime, he had a motive.

Dutton, a research psychologist who specializes in spousal violence, testified that he would tell the jury about the factors that can lead to spousal homicide. Those characteristics include: previous violence in the household; jealousy; estrangement; stalking; and threats.

On cross-examination, defense attorney Daniel Leonard pointed out that in the majority of trials where the experts testified, the jury knew the defendant committed the crime -- unlike the Simpson civil trial. "Profiling" is also dangerous, Leonard noted, just ask Olympic bombing suspect, and then non-suspect, Richard Jewell -- who the FBI decided fit the profile of a bomber.

Fujisaki did not rule on the motions this afternoon, but he indicated that he was troubled by the prospect of Park's testimony.

"He's not going to say Simpson did it," plaintiff's attorney Peter Gelblum insisted.

"I think that's essentially what he will say," Fujisaki replied.

-Robert Schmidt
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