ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, October 24, 1996 TAG: 9610240057
SECTION: NATIONAL/INTERNATIONAL PAGE: A-9 EDITION: METRO
DATELINE: SANTA MONICA, CALIF.
SOURCE: Associated Press
``They were defenseless against a man - large, powerful, strong, armed with a 6-inch knife, and in a total state of rage,'' Petrocelli said.
Goldman ``died with his eyes open,'' Petrocelli said. ``In the last few, furious moments of his life, he saw the person who killed his friend Nicole. The last person [he] saw through his open eyes was the man who ended his young life, the man who now sits in the courtroom, the defendant.''
Simpson seemed to pay close attention, conferring with his lawyers and occasionally shaking his head in disagreement with Petrocelli, who represents Goldman's father, Fred.
The Brown and Goldman families are suing the former football star for unspecified monetary damages for wrongful death in the slayings. The civil trial opened a little over a year after a jury in criminal court acquitted him of murder.
Petrocelli, who called the case ``Fred Goldman's last fight for justice,'' portrayed Ronald Goldman as a hero who refused to back away from the murderer. Fred Goldman began to cry when Petrocelli described his son's last moments, returning a pair of eyeglasses to Nicole Simpson's home.
Petrocelli generally relied on the timeline drawn by prosecutors at the murder trial but estimated that the killings happened later in the evening.
He drew frequent objections from defense attorney Robert Baker for ``arguing'' his case to the jurors rather than merely stating the facts. Baker protested when Petrocelli referred to ``lies and deception by Mr. Simpson'' and said, ``O.J. Simpson could and would not tell the truth.''
As in the first trial, Petrocelli said the most important evidence would be blood. He promised to prove through DNA that Simpson's blood and the blood of the victims clearly paint him as the killer.
Petrocelli outlined some of the new evidence the jurors can expect, including testimony from Simpson, who must take the stand this time. Among the items he promised:
* The Bronco chase and Simpson's ``suicide letter,'' used to imply consciousness of guilt.
* A 1993 photo of Simpson wearing Bruno Magli shoes, tied to bloody shoe prints at the crime scene.
* Carpet fibers that match Simpson's Bronco interior, with scientific evidence linking them to Goldman's shirt, a cap at the crime scene and a glove found at Simpson's home. The fibers weren't allowed as evidence at the criminal trial.
* An audio tape of Simpson's interview with police the day after the slayings.
* A forensic expert's analysis of cuts on Simpson's hand. The plaintiffs contend the gouges were caused by the victims' fingernails.
The standard of proof for the plaintiffs is lower than it was for prosecutors at the murder trial. The jury need only be convinced by ``the preponderance of the evidence,'' not ``beyond a reasonable doubt.'' That means the jury can hold Simpson responsible if 51 percent of the evidence goes against him.
And, unlike the criminal case, the verdict does not have to be unanimous. Only nine of the 12 jurors must agree to reach a verdict.
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