SIMPSON GETS FULL CUSTODY OF 2 CHILDREN.

Byline: Anne Burke Daily News Staff Writer

O.J. Simpson won full custody of his two young children Friday, nearly 15 months after his acquittal on charges of murdering their mother.

Ending Lou and Juditha Brown's temporary guardianship over Sydney, 11, and Justin, 8, Orange County Superior Court Judge Nancy Wieben Stock wrote that the children ``share a relationship with their father that appears to be strong, positive, healthy, with powerful psychological bonding.''

The judge gave the Browns visitation on periodic weekends and some holidays and vacations. The children have been living at their grandparents' gated, seaside home in Dana Point since Nicole Brown Simpson was found stabbed to death along with her friend, Ronald Goldman, on June 12, 1994.

The Browns, who reportedly wept at news of the ruling, said in a statement issued by their attorney, Natasha Roit, that they fought for custody ``to assure these children would be safe and protected and not exposed to the risks and detriment of domestic violence which plagued their past and, if returned to Mr. Simpson, would be likely to affect their future.

``It is with great sadness and concern that we received the news today that the judge has decided to terminate the guardianship.

``We love Sydney and Justin and pray for their safety and well being as they return to their father.''

Simpson told CNN Friday: ``We are all so very grateful to have the children home again, where they want to be.''

He told the Associated Press: ``I know 100 percent that Nicole wanted the children to be with me.''

A few of Simpson's friends and lawyers gathered at his home Friday night. A festive buffet had been set out, along with a gold-and-red-trimmed Christmas tree, toy reindeer and piles of presents.

But the children were not there. Simpson told the Associated Press they were spending the night with friends of Lou and Juditha Brown in Orange County.

Roit would not divulge when they would move to their father's estate on Rockingham Drive in Brentwood.

Lou Brown said in a television interview Friday night that the family might appeal the ruling.

Legal experts had long predicted that Simpson would win the custody battle, in light of his acquittal in the double slayings and the Brown family's lack of substantive evidence - aside from spousal battery - that it would be harmful for the children to live with their father.

``I'm not surprised,'' said family law specialist Glen Schwartz of Encino. ``The policy of the state of California is to award children to their parents, absent a showing that it would be detrimental to the children, and that's a very heavy burden to meet,'' he said.

``I would have been shocked if the Browns (had) retained the guardianship,'' agreed Michael A. Morris of Orange, also a family law specialist. ``It was a real uphill battle for them.''

Simpson was acquitted Oct. 3, 1995, in the double slayings. But the criminal case and the civil trial, in which the victims' families are seeking monetary damages, did not appear to be factors in the judge's decision.

``The judge has to take the criminal acquittal for what it is - a finding that he is not guilty of the crime. In the wrongful-death case, the allegations right now are just allegations,'' said Bruce M. Brusavich, president of the Consumer Attorneys Association of Los Angeles.

Under the law, the nonparent in a guardianship case has the burden of proving by ``clear and convincing'' evidence that custody with the parent would be detrimental to the children, but the Browns failed to meet the burden, according to Judge Wieben Stock.

Wieben Stock wrote that there was considerable discussion during the trial about whether Simpson fit the profile of a batterer, and whether he has character flaws likely to endanger his children.

After reviewing documents related to Sydney and Justin's two-year psychological treatment, Wieben Stock found that Simpson has never abused his children physically or psychologically, and they are not intimidated by him.

``As evidence of the children's lack of fear of their father, at least one child has expressed an unequivocal preference to be returned to the immediate custody of the father. The other child has declined to state a preference . . .,'' Wieben Stock wrote.

The judge also noted that psychological tests, clinical observations, and a review of Simpson's history with his youngest children do not ``yield a picture of a man who has in the past, or is likely in the future to lose control of himself in such a manner as to emotionally or physically harm his two young children.''

Simpson pleaded no contest to spousal battery following a New Year's 1989 fight with his wife. But in the civil trial, he has steadfastly denied that he ever hit her.

Wieben Stock wrote that the children should have ``continuing and meaningful periods of time with the Browns and the extended family . . . Mr. Simpson has also taken this position.''

The Browns may renew their quest for guardianship at any time. But even if Simpson is found liable in the civil trial, it appeared unlikely they would achieve more success.

Wieben Stock said in her ruling that ``the court's research has indicated that any verdict rendered by the civil jury would not be binding in the custody proceeding for a number of reasons.''

The reasons included the widely different burdens of proof in the two cases. In the civil trial, at which only monetary damages are at stake, the burden is a preponderance of the evidence, but in the custody battle, the burden is much higher, requiring clear and convincing evidence.

Schwartz agreed. ``A civil trial relative to damages should not have an impact on a guardianship proceeding,'' he said.

Simpson's victory came on the same day that he had been scheduled to take the witness stand for the second time in his wrongful death trial, this time under friendly questioning by his own attorney, Robert Baker.

But the ex-football star's return to the stand was postponed until after a two-week holiday break, following news that Wieben Stock's ruling would come Friday.

Legal experts differed over whether Simpson's victory on the custody front would affect his civil trial.

Brusavich said he did not think the ruling would have much, if any impact. Others said that jurors might now be less likely to find Simpson liable, or, if they do, might impose less of a financial penalty because they would effectively be taking money away from the children.

``He will be able to hold his babes in arms and say, `Look, How can you do this to a custodial parent?' And that might tug at the heartstrings of the jurors,'' said Robert Pugsley, a professor at Southwestern University School of Law.

The Browns sued Simpson for monetary damages on behalf of the estate of Nicole Brown Simpson. Her children are her heirs.

If Simpson is found liable and the estate recovers monetary damages, the money presumably would flow through the estate into a court-supervised account that could not be touched, without court order, until the children reach 18 years of age, Brusavich said.

The children were sleeping in their bedrooms upstairs at their Brentwood condominium when the stabbings occurred.

After Simpson's arrest, Lou and Juditha Brown won temporary guardianship. The Orange County trial was held after Simpson sought to terminate the guardianship arrangement after his release from jail Oct. 3, 1995.

The youngsters have been attending a private school in Laguna Beach, but have stayed with their father on weekends and vacations.