Witnesses contradict Simpson But families unable to call Kardashian to the

  stand

  Jonathan T. Lovitt ; Richard Price

  12/04/1996

  USA Today

  FIRST

  Page 03A

  (Copyright 1996)

 

  SANTA MONICA, Calif. -- Lawyers for the families suing O.J. Simpson

  pressed their attack on the defendant's credibility Tuesday, calling witnesses in

  rapid-fire fashion to undermine his testimony.

 

  But they also suffered setbacks when the judge barred key testimony from

  Simpson friend Wayne Hughes and another friend, Robert Kardashian, failed to

  show up.

 

  Tuesday's testimony was the start of the final stage in the case for the families of

  Nicole Brown Simpson and Ronald Goldman, who were slain in June 1994.

  Although Simpson was acquitted in criminal court, the families are seeking civil

  damages in a wrongful-death suit.

 

  Simpson has maintained his innocence. During 12 hours on the witness stand

  prior to a Thanksgiving adjournment, he denied ever hitting Nicole.

 

  The plaintiffs attacked that claim by questioning model-turned-mom India Allen,

  who testified that when she worked at a veterinary hospital in 1983, she was

  helping Nicole to her car with two dogs when Simpson drove up in a

  Rolls-Royce.

 

  Nicole wore ``a gold spandex outfit with a fur coat over it, a silver fur coat,''

  Allen said. When Simpson arrived, ``he was very angry,'' she testified. ``He

  started yelling at her about wearing the coat out. . . . He said, `I didn't buy this

  coat for you to go (expletive) somebody else. I want the coat back.' ''

 

  He pulled on the coat, and Nicole backed away. ``That's when I saw him strike

  her,'' Allen said. ``He hit her across the face and her glasses and her headband

  flew off. . . . It was the only time I saw her without her sunglasses. She had a

  fading bruise under her eye.''

 

  Simpson lawyer Robert Baker accused Allen of concocting her story to revive a

  modeling and acting career. But the former Playboy Playmate of the Year just

  smiled, pointing out she has two children, is expecting a third and could never

  work ``with a big belly.''

 

  She was followed by pharmacist Albert Aguilera, who said he saw Simpson hit

  Nicole in Laguna Beach just before the Fourth of July weekend in 1986. ``He

  swung his right hand and hit her across the face and she went down,'' he said.

 

  Baker accused Aguilera of changing the date of his story from July 3 or 4 to July

  1 after learning Simpson hosted a charity event elsewhere that weekend. But

  Aguilera said investigators misquoted him about the dates.

 

  Later, the plaintiffs tried to show Simpson was agitated in the period leading up

  to the knifings. Two of Simpson's friends, Jackie Cooper and Donna Estes, said

  Simpson couldn't stop talking about his problems with Nicole and former

  girlfriend Paula Barbieri.

 

  Simpson has denied the topic weighed on his mind or that he discussed it much.

 

  Going into this final stage, the plaintiffs had hoped Kardashian could testify

  about a lie-detector test Simpson reportedly failed and about Simpson's state of

  mind in the days after the killings. According to the plaintiffs, Kardashian had

  said he'd testify without a subpoena.

 

  But late Monday, according to the plaintiffs, they learned Kardashian was in

  New York and wouldn't appear without a subpoena.

 

  The judge ruled that the incident that Hughes was scheduled to testify about was

  too far in the past. He had been scheduled to talk about a 1979 argument. He was

  dropped from the witness list.

 

  After the plaintiffs wrap up their case, possibly as early as Thursday, the defense

  gets to presents its side.

  PHOTOS, B/W, Michael Caulfield, AP(2); Caption: Allen: Says she saw

  Simpson strike Nicole in 1983 Reluctant witness: Al Cowlings leaves court in

  Santa Monica Tuesday. He later testified that Nicole Simpson had told him that

  O.J. hit her.