ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, September 17, 1996 TAG: 9609170103
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
DATELINE: SANTA MONICA, CALIF.
SOURCE: The Boston Globe
Setting a firm, no-nonsense tone for today's start of O.J. Simpson's civil trial, the judge in the case Monday ordered Simpson's lawyers to provide any information they have about alleged police tampering with evidence.
If the lawyers don't comply, said Superior Court Judge Hiroshi Fujisaki, then they cannot use those allegations in Simpson's defense.
``You have to do it,'' Fujisaki said in a brusque tone that he also used with the plaintiffs. It was the defense, though, that lost most of the procedural battles Monday.
Simpson, who was acquitted in October in the slayings of his former wife Nicole Brown Simpson and her friend Ronald Goldman, is being sued by the families of the victims for monetary damages. The wrongful death trial officially starts today with decisions about the admissibility of some evidence. Jury selection is expected to begin Wednesday and to last several weeks.
The rules governing civil cases require both sides to exchange information about courtroom plans. Most of Fujisaki's rulings Monday were in response to the plaintiffs' assertion that Simpson's lawyers hadn't given sufficient written answers to questions on potentially key issues.
Fujisaki generally agreed with those complaints, and ordered the defense lawyers to provide ``verified amended responses'' by Monday. These concerned such matters as evidence they may have that Los Angeles police officers planted or contaminated blood samples or other physical evidence - a critical component of Simpson's defense in his criminal trial.
The judge has banned cameras and microphones from the courtroom and has imposed a gag order on all participants, so extensive detail or analysis about his actions has been sparce. But legal scholars said that, even though most of Fujisaki's actions Monday went against Simpson, they were not an indicator of his leaning in one direction or the other.
``The defense has been dancing around and the judge basically said, `Put up or shut up,''' said Laurie Levenson, a dean at Loyola University who followed Simpson's first trial and attended Monday's hearing.
Simpson did not appear in court Monday because he was attending a hearing in Orange County on the custody of his two young children, Sydney and Justin, who have have been living with Nicole Simpson's parents for more than two years. Simpson now is seeking permanent custody.
Simpson's attorneys said that if the custody case isn't resolved by today he will miss the opening of the civil trial. They also said they want Simpson present during the questioning of potential jurors, and might request a continuance if there is a conflict with the family court schedule.
Simpson attorney Robert Baker provided a glimpse into how difficult it might be to find a jury among the 4,000-member pool being considered. He said he believes many of those people are being unfairly prejudiced by a fund-raising letter being sent out by Goldman's parents.
``As you may expect, they demonize my client,'' Baker said of the letters, adding that they may violate the gag order. Fujisaki said he was unconcerned, however, asserting that juror questionnaire would be used to eliminate jurors who might have been influence the letter or any other publicity.
LENGTH: Medium: 62 linesby CNB