
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, October 24, 1995                   TAG: 9510240059
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: RAY REED
DATELINE:                                 LENGTH: Medium

FEDERAL COURT TRIAL FOR O.J. NOT PROBABLE

Q: Can O.J. Simpson be tried in federal court for violating Nicole Simpson's and Ronald Goldman's civil rights? This tactic was successful in prosecuting several police officers who earlier were acquitted in California state court in the beating of Rodney King.

J.W.J., Blacksburg

A: Your question peeks into a complex legal situation. Let's rule out some factors that do NOT apply to this double homicide.

First, three civil lawsuits claiming wrongful death, filed by the victims' families in state court, have no effect on a possible federal prosecution. The families' lawsuits ultimately will seek monetary damages from O.J. Simpson.

Second, the principle of double jeopardy does not apply. In numerous cases, people have been acquitted in state courts and tried again in federal court for exactly the same conduct, usually civil rights violations. That's possible because state and federal governments are separate and sovereign.

Third, the federal statute under which two Los Angeles police officers were convicted in the King beating (18 USC 242) involves depriving someone of civil rights under color of law. There's been no hint that the Simpson-Goldman killer was a police officer; therefore this statute does not apply.

Fourth, the federal civil rights statute that applies to all other citizens (18 USC 241) involves two or more people who conspire to deprive others of their rights. (Klan activities come to mind.) All evidence in the Simpson-Goldman deaths indicates that whoever did it acted alone; therefore, no conspiracy is evident.

Fifth, there's no evidence the crimes were committed because of the victims' race, which is a key factor in most civil rights prosecutions.

In fact, federal prosecutors probably are hesitating to even consider charges against O.J. Simpson. No one in the Justice Department, in the Roanoke Valley or in Washington, would answer your question directly.

Roger Groot, a law professor at Washington and Lee, provided much of this information.

Groot also tossed in this detail: There's speculation in the legal community that when O.J. Simpson is called to testify in those California civil suits, he could claim his Fifth Amendment rights against self-incrimination because of a possible federal prosecution.

The argument against such a claim is that none of the federal statutes applies to this case anyway, Groot said.|

I-581 reflectors

Q: Why were the lane-marker reflector lights taken up from Interstate 581? All the gaps they were in have been filled.

N.N.

A: The reflectors had lost their shine with age, the Transportation Department said, and the holes were filled to avoid water damage.

New markers will be installed after the next repaving within a year or two.

These markers will be raised like those on the newly six-laned Webber Highway south of I-581. They're supposed to be "plowable," meaning snowplows won't shave them off.

Got a question about something that might affect other people, too? Something you've come across and wondered about? Give us a call at 981-3118. Maybe we can find the answer.

by CNB