When will Simpson testify?

Richard Price; Jonathan T. Lovitt

11/07/1996

USA Today

FINAL

Page 10A

SANTA MONICA, Calif. -- Every time another witness finishes testifying in the

wrongful-death suit against O.J. Simpson, suspense ripples through the

courtroom.

Is Simpson next?

He's sure to be called to testify about the June 1994 knifing deaths of Nicole

Brown Simpson and her friend Ronald Goldman. Under civil law, he must testify

if called by the other side or forfeit the case.

Forfeiting the case could cost Simpson millions of dollars in damages to the

families of the victims, who are trying to prove that he is liable for the deaths.

Either side can call him, but the families get first crack. Their goal: Destroy his

credibility. Simpson never testified in the criminal trial that resulted in his

acquittal last year, and the families are eager to take their chance now.

But when?

The general rule: Call your best witness at the beginning or end to give it

maximum effect with jurors. But for the families, Simpson is the enemy. So in

planning their case, they had to consider the possibility he might do well on the

stand.

The families didn't open with Simpson; witnesses established a time line for the

murders instead.

And ``closing with him would be the riskiest move of all,'' says John Gilleland, a

jury psychologist with Forensics Technology International. ``If you're facing a

charismatic, dynamic individual who . . . has no problem telling his story, you'd

hate for that to be the last impression the jury gets.''

The alternative is to place him in the middle, giving the families time to recover

if he does well. But that carries tactical risks too. If Simpson does poorly on the

stand, the families should close as soon as possible to leave it fresh in jurors'

minds. That might mean skipping other witnesses scheduled for later in the case.

Most analysts say putting Simpson on in the middle is the lesser risk. ``If he

collapses, you don't stop. You go on with your witnesses and keep piling up the

evidence against him,'' Gilleland says. ``I don't see how that hurts you.''

Certainly, the families hope Simpson will collapse or explode. In their opening

statement, they characterized his pretrial deposition as a web of lies and

deception, and they'll try to drive that point home.

There's really no predicting how Simpson will do. Despite assurances from

supporters that he'll shine, ``he's never gone through this before,'' criminal

defense lawyer Gigi Gordon says.

``When you have a client who is a celebrity, that person has to carry the weight

of the entire case himself, and there's a point where the lawyer can't really help

much.''

Jury consultant Robert Hirschhorn says that when Simpson sat at the defense

table during early stages of the criminal trial, he ``acted out too much,

overreacting, throwing pens, until somebody finally told him to stop. If he starts

playing that game (on the stand), he's going to go down.''

Of course, Simpson could take the stand more than once. The families might call

him again if, for example, subsequent testimony from other witnesses contradicts

his original answers. And the defense always has the option of calling him during

its turn if it wants to repair any damage.

Apparently, Simpson defense lawyer Robert Baker believes the families will call

his client sooner rather than later. He challenged them last week to do it before

Nov. 12.

Baker said Simpson would be gone after that date for at least two weeks for a

family court battle in Orange County. He's fighting Nicole Simpson's parents for

custody of his children, 11-year-old Sydney and 8-year-old Justin. The children

have lived with the Browns since the slayings.

But the response from the Browns' lawyer, John Kelly, suggested it was still too

early. ``We shouldn't be forced to alter our order of proof,'' he argued to Judge

Hiroshi Fujisaki. He said the Browns would be happy to interrupt the custody

battle so Simpson could return.

Either way, the world doesn't have long to wait. Compared with Simpson's

criminal case, the civil trial is blazing along. Steps that took weeks under Judge

Lance Ito in criminal court take hours in this one. Fujisaki resolves motions by

the batchful. Oral arguments are brief or are dispensed with altogether.

And the families have kept their case lean. In the criminal case, former Los

Angeles police detectives Tom Lange and Philip Vanatter spent a total of 14 days

on the stand. Last week, Lange testified less than eight hours. Vanatter was in

and out of court in 40 minutes, although the defense plans to call him again

during its case.