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ANALYSIS : OUTCOME WASN'T ONLY DIFFERENCE SEPARATING TRIALS.


Byline: Jaxon Van Derbeken Daily News Staff Writer

O.J. II had all the earmarks of a slam dunk for the plaintiffs.

There was O.J. Simpson's testimony, a last-minute windfall of photographic evidence and a series of favorable rulings by the judge.

With Mark Fuhrman safely ensconced en·sconce  
tr.v. en·sconced, en·sconc·ing, en·sconc·es
1. To settle (oneself) securely or comfortably: She ensconced herself in an armchair.

2.
 in Idaho, unable to testify, there was no key witness to impeach To accuse; to charge a liability upon; to sue. To dispute, disparage, deny, or contradict; as in to impeach a judgment or decree, or impeach a witness; or as used in the rule that a jury cannot impeach its verdict. .

So there was no race card.

And there were no dramatic courtroom scenes about a bloody glove and Johnnie Cochran Johnnie L. Cochran, Jr.[1] (October 2, 1937 – March 29, 2005) was an African American lawyer best known for his role in the legal defense during the O. J. Simpson murder case.  Jr.'s mantra: ``If it doesn't fit, you must acquit To set free, release or discharge as from an obligation, burden or accusation. To absolve one from an

obligation or a liability; or to legally certify the innocence of one charged with a crime.


acquit v.
!''

And this time, Simpson lost. In a unanimous verdict, the jury found Simpson liable for the slayings of his ex-wife Nicole Brown Simpson Nicole Brown Simpson (May 19, 1959 – June 12, 1994) was the wife of American football player O.J. Simpson. Found murdered at her home in Los Angeles, California, along with her friend Ronald Goldman, her death led to one of the most controversial and widely-discussed criminal  and her friend Ronald Goldman Ronald Lyle Goldman (July 2, 1968 – June 12, 1994) was murdered in Los Angeles, California in 1994 at the age of 25 along with his friend Nicole Brown Simpson, the ex-wife of American football player O.J. Simpson. .

While there was no TV this time, there was true drama in the revelation of 30 photographs that showed Simpson wearing the same kind of shoes as the killer - much more than a single photo that had been denounced as fakery.

The setting, a seaside courtroom in Santa Monica, seemed a world away from the chaotic first trial downtown, as did the mostly white makeup of the jury - compared to the criminal court jury with nine African-Americans.

The one African-American civil juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories.  was removed after deliberations began for failing to disclose that her daughter worked for the District Attorney's Office. This jury went home after work; the criminal trial's jurors were sequestered se·ques·ter  
v. se·ques·tered, se·ques·ter·ing, se·ques·ters

v.tr.
1. To cause to withdraw into seclusion.

2. To remove or set apart; segregate. See Synonyms at isolate.

3.
 in a hotel for months.

The plaintiffs had the advantage of using evidence the District Attorney's Office left out in the criminal trial, including the famous slow-speed Bronco bronco: see mustang.  chase as well as Simpson's statements to police.

No longer shielded by the Fifth Amendment, Simpson was compelled to testify - over four days in two rounds, once grilled by plaintiffs, a second time when he vouched for himself.

He denied he ever hit his ex-wife, denied he wore those Bruno Magli shoes, denied getting a call signaling a breakup with his girlfriend the morning of the killings. He contradicted accounts of witnesses as well as some of his own previous statements.

Simpson denied being in a dark mood the day of the June 12, 1994, killings and repeatedly denied that he stabbed his former spouse and her friend.

``The second trial hinged on O.J. Simpson's testimony,'' said Myrna Raeder, an evidence law professor at Southwestern University School of Law.

The civil case featured 41 days of testimony spread over 2-1/2 months; the criminal case took more than three times as long, with 133 days of testimony over nine months.

While 101 people testified in the civil case, 120 took the stand in the criminal trial. Many made rapid-fire appearances, with streamlined testimony that cut hours that stretched out the first trial.

``It went much smoother than the criminal case,'' said Professor Norman Garland of Southwestern University School of Law.

Jurors deliberated longer than their counterparts in the criminal trial, 11 hours compared to about four. In both cases, the jury had the testimony of limo driver Allan Park read back.

The stewards in each case were marked contrasts - Judge Hiroshi Fujisaki drove the civil case forward with a no-nonsense approach in which attorneys were silenced and television banned.

Judge Lance Ito, on the other hand, seemed to be unable to keep the sprawling case on track. Ito allowed the defense a wider leeway to suggest a conspiracy and cover-up.

In the second case, both sides benefited by having the first case as a trial run of the evidence. The plaintiffs had the benefit of the record to allow them to streamline the case to the jury and could enter depositions into the record when witnesses were unavailable.

Jurors resolved eight questions

in deliberations

Jurors in the wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons.

If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action
 trial found O.J. Simpson liable for the killings of Nicole Brown Simpson and Ron Goldman, and awarded the Goldmans $8.5 million in compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. , by answering the following questions ``Yes.''

Questions: 1. Do you find by a preponderance of the evidence preponderance of the evidence n. the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other.  that defendant Simpson willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful)  and wrongfully caused the death of Ronald Goldman?

2. Do you find by a preponderance of the evidence that defendant Simpson committed battery against Ronald Goldman?

3. Do you find by clear and convincing evidence clear and convincing evidence n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. (See: beyond a reasonable doubt)  that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Ronald Goldman.

4. Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Ronald Goldman.

5. Do you find by a preponderance of the evidence that defendant Simpson committed battery against Nicole Brown Simpson?

6. Do you find by clear and convincing evidence that defendant Simpson committed oppression in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson?

7. Do you find by clear and convincing evidence that defendant Simpson committed malice in the conduct upon which you base your finding of liability for battery against Nicole Brown Simpson?

8. We award damages against defendant Simpson and in favor of plaintiffs Goldman and Rufo, in the aggregate, as follows: $8.5 million.

CAPTION(S):

Box

Box: Jurors resolved eight questions in deliberations (see text)
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Publication:Daily News (Los Angeles, CA)
Article Type:Statistical Data Included
Date:Feb 5, 1997
Words:867
Previous Article:JUSTICE IS SERVED RIGHT - IN SECOND COURSE.(NEWS)
Next Article:EDITORIAL : TRIAL OF THE CENTURY II THIS TIME, A JURY RENDERS A VERDICT AGAINST O.J.(Editorial)(Editorial)



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