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Passport, Cash Reported in Simpson Chase Car : Evidence: Investigators say the items could suggest that his motive for disappearing was flight, not suicide.

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TIMES STAFF WRITER

Police have recovered nearly $10,000 and a passport from the Ford Bronco in which O.J. Simpson was a passenger during a nationally televised pursuit June 17, sources close to the investigation said Wednesday.

In addition, law enforcement sources said the Los Angeles Police Department’s Internal Affairs Division has launched an investigation into a senior police officer who apparently bought the gun that Simpson carried during the low-speed chase through Orange County and Los Angeles.

The passport and the cash intrigue investigators because they could undermine the former football star’s contention--outlined in a letter read shortly after he disappeared--that he was distraught and planning to kill himself when he failed to surrender as promised to authorities. The passport and the money could suggest that Simpson’s real motive was to flee, investigators and other observers said.

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Law enforcement sources refused to say if they had information about when Simpson withdrew the money or about how he came to have the gun on the day he disappeared before he was spotted on Interstate 5 in Orange County. Those facts could prove significant in attempting to assess his motives that afternoon, legal experts said.

Simpson’s motive is important, they said, because evidence of flight to avoid prosecution can be introduced in a criminal trial to suggest that a defendant had “consciousness of guilt.” It therefore could be used to bolster the prosecution’s contention that Simpson murdered his ex-wife, Nicole Brown Simpson, and her friend, Ronald Lyle Goldman.

“If this evidence exists, it’s very powerful for the prosecution because you don’t take a passport to a suicide, and $10,000 is a lot of walking-around cash,” said John Wiley, a UCLA law professor and former federal prosecutor.

Wiley, who cautioned that he is not privy to evidence of the cash or the passport, noted that a set of jury instructions deals with destroying evidence, intimidating witnesses and fleeing. If deemed appropriate, those instructions can be read to the jury by the judge in the case.

Although such instructions allow jurors to infer guilt from a defendant’s actions, jurors are not required to draw those inferences. They are only permitted to do so if they feel that the inferences are appropriate to the case they are considering. Nevertheless, the instruction can weigh heavily against defendants, Wiley said.

“That’s powerful stuff,” Wiley said, “because it’s coming from the judge, not the lawyers.”

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Simpson’s lead attorney, Robert L. Shapiro, could not be reached for comment late Wednesday.

The gun that was in Simpson’s possession was registered to Earl C. Paysinger, a highly respected Metropolitan Division lieutenant who works in the mounted unit, sources said, but was purchased about five years ago. Paysinger, who holds an off-duty job as a private security guard for Los Angeles Raiders owner Al Davis, has told investigators that he bought the gun for Simpson as part of a job that he once had providing security for the famous athlete.

If that story is correct, the officer probably broke no laws and probably would not face serious discipline, sources said. They added that investigators are looking into whether Paysinger had sought to help Simpson avoid a waiting period on the purchase of a handgun; if so, that could expose the lieutenant to disciplinary action.

“I can’t comment on any of the evidence in this case,” Cmdr. David J. Gascon said Wednesday. “But yes, we are indeed conducting an internal affairs investigation relative to issues involving the weapon in Mr. Simpson’s possession at the time of arrest.”

Gascon refused to confirm or deny that Paysinger is the subject of the internal investigation, saying the matter would be handled confidentially, as are all LAPD personnel inquiries. Paysinger, a 17-year veteran of the department who is described by colleagues as an exemplary officer, was not available for comment.

The latest disclosures in the closely watched case also could figure in whether prosecutors decide to bring criminal charges against Al Cowlings, Simpson’s longtime friend and former teammate. Cowlings was behind the wheel during the nationally televised police pursuit.

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When it was over, police booked him on suspicion of aiding a felony fugitive. He posted $250,000 bail and has been free since.

Through his attorney, Cowlings has said he was not trying to help Simpson flee but was trying to keep his lifelong friend from committing suicide. If evidence suggests that Simpson’s real motive was to flee, however, that could undermine Cowlings’ defense as well.

Prosecutors received the Cowlings case from LAPD detectives Tuesday but deferred announcing a decision on whether to bring charges. They are expected to announce their decision by Friday, when Cowlings is scheduled to appear in court.

As both sides prepare for what appears to be a fast-approaching trial--Simpson’s attorneys have indicated that they hope to be ready by late September--much attention has focused on DNA tests that are being done in an attempt to pinpoint whether blood recovered from the scene of the crime and from Simpson’s estate matches samples taken from him and from the two victims. Some of the preliminary tests are completed, sources said, and continue to point to Simpson as a probable source of blood droplets found at the crime scene.

The preliminary tests are not admissible in court, however, and final test results are still days or weeks away. Simpson’s legal team has been attending recent testing and may challenge the DNA results, either by arguing that the tests were improperly performed or by contending that DNA tests are inherently unreliable and should not be used in the trial.

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