JUDGE REJECTS NEW TRIAL FOR SIMPSON.

Byline: Jane E. Allen Associated Press 

O.J. Simpson lost a bid for a new civil trial Monday when a judge reaffirmed Simpson's liability in two deaths and declared a $33.5 million damage award ``just, reasonable and not excessive.''

Superior Court Judge Hiroshi Fujisaki found no validity to defense claims of juror misconduct or arguments that Simpson couldn't pay the damages.

A jury earlier this year found Simpson liable in the June 1994 deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

``He has the ability to absorb the punitive damages,'' Fujisaki said, noting there was credible evidence that Simpson would be able to earn sufficient income in the future to help pay the award.

Simpson's attorney, Daniel Leonard, called the proceeding a ``formality'' and said it was only one step in the appeal process.

Fujisaki rejected defense claims that he had made erroneous rulings.

Those included abuse of discretion by the court in admitting or excluding evidence, misconduct of the jury, accident or surprise evidence being allowed, and insufficient evidence to justify the jury verdicts.

``The reprehensibility of this defendant is without a doubt most grievous and beyond comparison,'' Fujisaki said, responding to case law the defense attorneys cited in their motions for a new trial and reduction of the award.

Neither Simpson nor his ex-wife's family attended the hearing. Goldman's family was there.

Goldman's father, Fred, lauded the judge and lashed out at Simpson as a ``man who's never been responsible for anything he's done.''

``This is a man who belongs in jail sitting on Death Row,'' he said. ``The judge recognized there is no amount of money that can equal the violent murders he committed.''

A criminal court jury acquitted Simpson of murdering Nicole Simpson and Ronald Goldman. He was then sued by their survivors in civil court.

A jury in February awarded $8.5 million in compensatory damages to Goldman's family, then assessed $25 million in punitive damages for the Goldman parents and Nicole Simpson's estate.

Fujisaki said the record showed Simpson had a net worth of more than $15 million last year and could make $2.5 million a year on his name. Those figures do not include Simpson's three pension funds, which Fujisaki said would prevent Simpson from being ``left destitute'' if they are exempted from being used to satisfy the awards.

``It would be unconscionable to let the defendant profit from his wrongdoing,'' Fujisaki said.

Leonard told the judge that, at a minimum, he must ``reduce that (punitive damage award) significantly. . . . Under any theory, the punitive damages are greatly in excess of what would be allowable under California law'' and federal law.

But Fujisaki said, ``The amount of the awards in this case may be considered insufficient rather than excessive.''