Judge Refuses Simpson’s Bid to Seal Depositions in Lawsuit

O.J. Simpson suffered a setback Wednesday when a Santa Monica judge refused to keep secret the transcript of his upcoming depositions in lawsuits filed by the families of the people Simpson was acquitted of murdering.

Superior Court Judge Allan B. Haber also said he probably will allow the depositions, or sworn testimony, to be videotaped, with the tape immediately going to a private mediator for protection.

Simpson’s attorney, Robert C. Baker, called for sealing the transcript of Simpson’s deposition, contending that publicity about what could be an emotionally charged interview would prejudice potential jurors.

“There has been no trial or no situation in the history of recorded time with more attention . . . than this lawsuit,” Baker said.

Simpson is tentatively scheduled to meet with attorneys Dec. 4-6.

It was unclear after the hearing when and in what manner the transcripts will be made public, including whether they will be released in complete form or quoted in sections in court papers.

Simpson has been sued by relatives of his ex-wife Nicole Brown Simpson and by the family of Ronald Lyle Goldman.

Simpson has given some interviews--to the New York Times and the Associated Press--but has refused to discuss details of the case. He never testified at his trial, and the rulings mean the public will get Simpson’s side of the story in his own words when the transcript is released.

Baker also opposed videotaping the deposition because of fears the tape would be leaked to television news.

Baker said he was concerned that each deposition in the case “will be [a] lead story on the 6 p.m. news” subject to interpretation by legal pundits.

“We will get a jury pool that has made up its mind to a degree,” he said.

But the judge sided with attorneys for the Goldman family and Nicole Simpson’s estate that the transcripts and related court papers should not be sealed, and he denied Simpson’s request for a protective order.

An attorney representing the Los Angeles Times and other media organizations had opposed sealing the deposition.

Haber saw potential problems with videotaping the sessions and ordered that the original videotape be placed in the care of an impartial court referee, whose services would be funded by Simpson and the victims’ families.

The referee also would serve as mediator during the deposition to ensure that questions are properly asked and to help avoid further litigation down the line.

“This is a perfect case for a discovery referee,” Haber said.

Haber also allowed attorneys for the victims’ families to inspect some of Simpson’s property seized by police. These items include a fake beard, credit cards and a handgun. The attorneys were given two weeks to see the property before it is returned to Simpson.

Ruling on several issues, Haber also consolidated lawsuits against Simpson filed by Goldman’s father and sister, a separate suit filed by Goldman’s mother--who is divorced from his father--and a third lawsuit by Nicole Simpson’s estate.

The trial is scheduled for April 16.