OPENING ARGUMENTS BEGIN IN CIVIL CASE AGAINST SIMPSON.

Byline: Daily News Staff and Wire Services

As opening arguments began Wednesday in the O.J. Simpson civil trial, an attorney described in chilling detail how Ronald Goldman died ``with his eyes open'' in a valiant struggle against a knife-wielding man who was in a ``total state of rage.''

``In the last few, furious moments of his life, he saw the person who killed his friend Nicole,'' said lead plaintiff attorney Daniel Petrocelli. ``The last person (he) saw through his open eyes was the man who ended his young life, the man who now sits in the courtroom, the defendant.''

Simpson's fortune is at stake this time - not his freedom. The former football star has been acquitted in a criminal trial of murdering his former wife, Nicole Brown Simpson and her friend Goldman, a waiter who was returning a lost pair of eyeglasses.

Unlike the criminal case, the verdict in the civil trial does not have to be unanimous. Only nine of the 12 jurors must agree to reach a verdict. It won't be a ``guilty'' or ``not guilty'' verdict, but rather a finding of whether Simpson is or is not responsible for the slayings.

The standard of proof for the plaintiffs is lower than it was for prosecutors at the murder trial. The jury need only be convinced by ``the preponderance of the evidence,'' not ``beyond a reasonable doubt.'' That means the jury can hold Simpson responsible for the slayings if 51 percent of the evidence goes against him.

In another dramatic difference, the jury is a reverse image of the one that acquitted Simpson of murder. The old jury had nine African-Americans; the new one has nine whites.

In an opening statement at Simpson's civil trial, Petrocelli said the former football star was the man who confronted Nicole Brown Simpson and Goldman on June 12, 1994, and stabbed them to death.

``They were defenseless against a man - large, powerful, strong, armed with a 6-inch knife, and in a total state of rage,'' Petrocelli said.

Simpson seemed to pay close attention, conferring with his lawyers and occasionally shaking his head in disagreement with Petrocelli, who represents Goldman's father, Fred.

The Brown and Goldman families are suing the former football star for unspecified monetary damages for wrongful death in the slayings. The civil trial opened a little over a year after a jury in criminal court acquitted him of murder.

Petrocelli, who called the case ``Fred Goldman's last fight for justice,'' portrayed Ronald Goldman as a hero who refused to back away from the murderer. Fred Goldman began to cry when Petrocelli described his son's last moments.

Petrocelli generally relied on the time line drawn by prosecutors at the murder trial but estimated that the killings happened later in the evening.

He drew frequent objections from defense attorney Robert Baker for ``arguing'' his case to the jurors rather than merely stating the facts. Baker protested when Petrocelli referred to ``lies and deception by Mr. Simpson'' and said, ``O.J. Simpson could and would not tell the truth.''

As in the first trial, Petrocelli said the most important evidence would be blood. He promised jurors to prove through DNA that Simpson's blood and the blood of the victims clearly paint him as the killer.

Petrocelli outlined some of the new evidence the jurors can expect, including testimony from Simpson, who must take the stand this time. Among the items he promised:

The Bronco chase and Simpson's ``suicide letter,'' used to imply consciousness of guilt.

A 1993 photo of Simpson wearing Bruno Magli shoes, tied to bloody shoe prints at the crime scene.

Carpet fibers that match Simpson's Bronco interior, with scientific evidence linking them to Goldman's shirt, a cap at the crime scene and a glove found at Simpson's home. The fibers weren't allowed as evidence at the criminal trial.

An audio tape of Simpson's interview with police the day after the slayings.

A forensic expert's analysis of cuts on Simpson's hand. The plaintiffs contend the gouges were caused by the victims' fingernails.

Petrocelli said there's no evidence police tried to frame Simpson as the defense claimed in Simpson's criminal trial. And several hours into his opening statement, he mentioned former Detective Mark Fuhrman - only to say that he and other detectives decided to go onto Simpson's property ``and see if everything was OK.''

Earlier, Superior Court Judge Hiroshi Fujisaki ruled that the defense could not tell the jury about Fuhrman's no contest plea to perjury in the first Simpson trial and could not even say whether Fuhrman was expected to be a witness this time. But he deferred a ruling on whether to admit Fuhrman's testimony from the criminal trial.

Meanwhile, Judge Hiroshi Fujisaki's courtroom-by-the-sea was packed with those who had forged bonds during the yearlong criminal trial in downtown Los Angeles.

Even Simpson, appearing chunkier than he was in jail, recognized familiar faces. During a recess, he chatted up CNN's Greta Van Susteren with whom he had talked for about 1-1/2 hours in a phone call to her cable television show last February.

The only emotions he registered in court were a few quizzical looks when Petrocelli talked about such things as limousine driver Allan Park's recollections of the night of the slayings, and hair fibers in the knit cap found at the crime scene.

Simpson busied himself during the hours-long opening statement by scribbling on a yellow legal pad and passing notes to this attorneys.

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Photo

PHOTO (color) O.J. Simpson arrives at court for opening arg uments in his civil trial.

Associated Press