THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 1, 1997 TAG: 9702010295
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: FROM WIRE REPORTS
DATELINE: SANTA MONICA, CALIF. LENGTH: 147 lines
Three days of deliberations in the O.J. Simpson trial were scrapped and the jury was forced to start all over again Friday after the only black woman on the panel was removed for misconduct.
Sources said Rosemary Caraway, 62, was dismissed from the civil case for failing to disclose during jury selection that her daughter works for the district attorney's office that prosecuted Simpson at his murder trial.
The disclosure prompted a request from Simpson's lawyers for a mistrial, which was denied, and a move by the plaintiffs to sequester the jury for the rest of its deliberations. The judge turned that down, too.
Caraway, a retired telephone company dispatcher, was replaced with an Asian-American man in his 30s.
The new jury deliberated for about five hours Friday before breaking off for the weekend. It consists of six men and six women: nine whites, one Hispanic, one Asian-American and one person of Asian and black heritage.
The group's composition was in sharp contrast to the mostly black, mostly female jury that acquitted Simpson at his criminal trial in 1995.
Superior Court Judge Hiroshi Fujisaki removed Caraway over objections from the plaintiffs and told the newly reconstituted jury: ``Each remaining juror must set aside and disregard the earlier deliberations as if they had not taken place.''
Some of the jurors appeared discouraged by the development. Simpson was not present at the courthouse.
District Attorney Gil Garcetti's office said it had notified the judge about the juror's connection.
``We only learned yesterday afternoon that she was a sitting juror,'' spokeswoman Sandi Gibbons said. ``We immediately communicated this information to the court.''
Gibbons said the daughter does not report directly to Garcetti. But sources said she is a high-level legal secretary who works in the district attorney's front office.
MSNBC reported the daughter worked for Allen D. Field, director of special operations. Gibbons refused to confirm that, saying the employee had asked her not to release any information.
Fujisaki also was told that Caraway and her daughter once had dinner with Christopher Darden, a prosecutor at Simpson's murder trial. Gibbons would not comment on that report.
It was the second major snag in the trial this week. On Tuesday, Caraway and other jurors were questioned by the judge after reports surfaced that two jurors from the murder trial had sent a letter to jurors in the civil case to try to promote a deal for public appearances after the trial.
The judge ordered an investigation, and sheriff's deputies searched the home of Brenda Moran, who had been a juror in the murder case, on Thursday night and again Friday. They also searched cars and questioned Moran and her parents.
Moran acknowledged writing the letter but said it was supposed to be delivered after the verdict. The letter suggested that jurors contact agent Bud Stewart to represent them in dealings with the media after the trial.
``I had no idea it was going to cause so much of a problem. We just wanted to help them because we've been there,'' the other former juror involved in the letter, Gina Rosborough, told the TV newsmagazine ``Hard Copy.''
Before sending jurors home for the weekend, Fujisaki warned them to avoid the media, suggesting they have someone screen telephone calls and mail.
A fax signed by Stewart at Lincoln Press was sent to news producers earlier this week offering to arrange interviews with three civil-trial jurors. It did not identify the jurors.
The plaintiffs want Simpson held responsible for the June 12, 1994, slashing deaths of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. Simpson was acquitted of murder in 1995 but could lose millions if the jury verdict goes against him.
The old jury had spent 14 hours discussing the case and had asked for reruns of videotapes, read-back of testimony and the use of a photo magnifying glass. The jury had also asked several questions relating to blood evidence and possible contamination.
Plaintiffs' attorney Daniel Petrocelli argued that the new jury should be sequestered for the rest of deliberations. But the judge said there was no precedent for sequestering jurors at public expense in a civil trial.
Shortly after the new jury was sent to begin deliberations, the judge summoned lawyers to his chambers again and warned them to stop telling reporters what had happened in the secret sessions.
In neighboring Orange County, a judge Friday rejected a request filed by Nicole Simpson's parents, Louis and Juditha Brown, challenging a Dec. 20 decision that gave Simpson full custody of his children Sydney, 11, and Justin, 8.
The children were turned over to the Browns in June 1994 after Simpson was charged with killing their mother. The Browns had wanted the judge to put the December ruling on hold and let the children move back with them until an appeal could be decided. MEMO: This story was compiled from reports by The Associated Press and
The Washington Post. ILLUSTRATION: Color photo
Graphic
Juror 1
Male, 30
Asian/black
Juror 2
Female, 60s
White
Juror 3
Male, 20s
White
Juror 4
Female, 20s
White
Juror 5
Female, 40s
White
Juror 6
Female, 30s
Hispanic
Juror 7
NEW
Male, 30s
Asian
Juror 8
Male, 40s
White
Juror 9
Male, 40s
White
Juror 10
Female, 50s/60s
White
Juror 11
Female, 30s
White
Juror 12
Male, 60s
White