SIMPSON LAWYER CLAIMS BIAS : ATTORNEY: PLAINTIFFS DON'T WANT BLACK JURORS.

Byline: Linda Deutsch Associated Press 

The issue of race arose during jury selection for O.J. Simpson's civil wrongful-death trial Friday in Santa Monica as the defense accused the plaintiffs of trying to have African-Americans excluded.

The claim arose when the plaintiffs questioned the objectivity of an African-American woman who said she had a ``very strongly held'' opinion that Simpson was not the killer of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman.

``This person has weighed the evidence already. We are going to have to prove otherwise,'' said Daniel Petrocelli, attorney for Goldman's family.

Simpson attorney Robert Baker, trying to keep the woman from being excused, pointed out that the plaintiffs had challenged four African-American prospective jurors for cause, saying they could not be fair.

Superior Court Judge Hiroshi Fujisaki said he was ``greatly troubled'' by the woman's strongly held opinions of Simpson's innocence and a police frame-up, and he dismissed her over the objections of Simpson's lawyer.

The judge didn't immediately respond to Baker's claim about the plaintiffs. When the topic of racism surfaced in questioning of a white woman, however, Fujisaki told Baker to stick to the issue of how much prospective jurors had been exposed to news coverage of the Simpson case.

He has told lawyers previously that race would be included in general questioning scheduled for October.

The plaintiffs did not make a counterclaim against Baker, who has challenged mostly white prospective jurors expressing the view that Simpson was probably guilty of murder.

Of the first 19 questioned in the about publicity exposure, opinions seemed to break down along racial lines. A greater proportion of African-Americans showed sympathy for Simpson and said they believed him innocent from the start. A bigger percentage of whites said he was probably guilty.

The split was not absolute. A white man accepted by both sides said he didn't think one man could have committed the murders alone. Another woman said she believed ``he probably did it, just not alone.'' She was allowed to remain when she said she could be fair.

Simpson listened from his seat against the front rail of the courtroom. A jury consultant sat beside him, and both took notes from time to time.

Simpson's toughest moment came when a middle-age white woman said she thought he was probably guilty, beat his wife and took too long to seek custody of his children. Simpson had a pained expression, and his lawyer challenged the woman on her assumption. She said all her information came from the news media. She said she could be fair, and remained on the panel.

Simpson's lawyer tried futilely to disqualify a young white woman who said she carried in her mind pictures of the Nicole Simpson's bruised face, presented at the criminal trial, and believed Simpson's ex-wife was abused by him during their marriage.

She said the bloody glove police reported finding at Simpson's house was potential evidence of guilt. She wrote on her questionnaire: ``Of all the evidence I saw in the trial, how is he not guilty?''

The judge pressed her on whether she could set aside those opinions and decide the case just on what she heard in the courtroom. She said she could.

Also approved was an African-American man who said he believed that there was ``bungling of police evidence'' and that the media stacked the deck against Simpson.

``I felt the blood evidence was handled improperly, but I can be objective enough to sit and listen to the testimony and come to conclusions. I can make my own decision on it,'' he said.

Grilling of prospective jurors about publicity in the famous case began slowly. The judge acknowledged the rapid pace he had set in the first days could not continue, but he urged lawyers to keep questions short.

The prospects had filled out questionnaires, and lawyers were following up on their answers. The written forms were under seal but statements were sometimes read in court.

A white man was excused without questioning when the judge pointed out his questionnaire indicated fixed opinions. The lawyers agreed.

The lawsuit by the victims' families seeks to hold Simpson financially liable for the 1994 killings. Simpson was acquitted last year of murder charges in a criminal trial.

With Goldman's family seated in the front row, one jury prospect criticized the victim's father, Fred Goldman.

``If you lose somebody, I understand you're going to have strong emotions,'' the man said. ``You grab onto that for a period of time, and it dissipates. But to pursue something with such vigor, it's almost like an obsession.''

Fred Goldman appeared upset. Simpson maintained a stolid expression and occasionally took notes on a legal pad.

Friday was Simpson's first appearance since jury selection began Wednesday. As he arrived amid a crowd of photographers, a handful of demonstrators yelled ``DNA, DNA, DNA,'' and some counter-demonstrators yelled back.

Simpson missed the opening sessions because he was in Orange County fighting for custody of his children whose mother was slain. That court contest is recessed until November.

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Photo

Photo: O.J. Simpson, center, leaves for lunch during his fi rst day in court in a civil lawsuit.

Associated Press