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Defense Must Reveal What’s in Envelope : Simpson case: Judge Ito orders defense to tell prosecutors about the contents and provide an analysis. But other information may be withheld.

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from Associated Press

The defense in the O.J. Simpson case was ordered Thursday to disclose to prosecutors the contents of a mysterious envelope and a criminalist’s analysis of its condition.

But a cryptic written order by Superior Court Judge Lance A. Ito did not mention turning over the evidence and said the defense could continue to keep secret the first report on the matter, which may have disclosed where the contents were found.

Ito ordered the disclosure of two reports: one written Aug. 22 by retired Superior Court Judge Delbert E. Wong, who was appointed as a special master to handle the evidence; and another by criminalist David M. Sugiyama written the same day.

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Loyola University law professor Laurie Levenson said the obliquely worded order means that prosecutors do not get their hands on the evidence because of possible risk of contamination. But they will have reports telling them exactly what is inside.

“It means that the prosecution will be told through reports the contents of the envelope. But they won’t get the report on where it was found,” Levenson said.

The judge said that the defense had demonstrated good cause to delay release of the first report on the matter written by Wong on July 1. It apparently contains details of how the evidence in the envelope was found and where it was located.

In his ruling, the judge cited a new California law dealing with reciprocal discovery and the determination of what defense lawyers must disclose to prosecutors before trial.

The judge had insisted upon seeing the prosecution’s witness list before making his ruling. In a footnote, he said that the law requires the defense to disclose only witnesses and statements it will use to refute prosecution evidence.

Simpson, 47, has pleaded not guilty to the June 12 murders of his ex-wife, Nicole Brown Simpson, 35, and her friend, Ronald Lyle Goldman, 25, outside Nicole Simpson’s Brentwood condominium.

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In grand jury proceedings Thursday, a mysterious witness who said his life was in danger was held in contempt of court after refusing to testify before the panel investigating Simpson’s friend and getaway driver Al (A.C.) Cowlings.

“He does not know O.J. or Al Cowlings or anyone in their camp,” said attorney Robert Rentzer, whose client identified himself to Associated Press as John Dunton.

Rentzer refused to say what information Dunton has, but “his information is not firsthand information. . . . This is tangential and remote.”

The attorney said Dunton was held in contempt after he refused to answer four questions posed by grand jurors. An appeal was planned.

Superior Court Judge Stephen Czulegar gave Dunton until Wednesday to resolve the appeal or go to jail.

“He is in fear for his life if he reveals any information, and he wants it publicly known that he will not reveal information even if it means going into custody,” Rentzer told reporters outside the grand jury hearing room.

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In a statement to the grand jury, Dunton suggested the district attorney had broken a promise not to call him as a witness “or otherwise make use of information supplied by me to the district attorney.”

The grand jury is investigating the role Cowlings played in Simpson’s getaway June 17, the day Simpson was supposed to surrender. Instead, Cowlings drove Simpson on a three-county, slow-speed freeway chase that ended back at Simpson’s estate. Cowlings’ attorney has said his client was trying to save Simpson, who planned to commit suicide at Nicole Simpson’s grave.

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