Simpson’s Bid to Bar Goldman’s Lawyer Rejected

A Santa Monica Superior Court judge on Tuesday rejected O.J. Simpson’s attempt to disqualify Fred Goldman’s lawyers in Goldman’s wrongful death suit against the former football star.

Simpson’s attorneys asserted that attorney Daniel Petrocelli should not be allowed to represent the father of murder victim Ronald Lyle Goldman because Petrocelli’s firm, Mitchell, Silberberg & Knupp, once represented a company in which Simpson had a financial interest.

Simpson, via his company Pigskins Inc., is a partner in another firm that has the rights to operate six Honey Baked Hams retail stores in Southern California.

But lawyers for Honey Baked retorted that Petrocelli never represented the company and maintained that Simpson was never a partner in the business.

Judge Alan B. Haber said he found no merit to the contentions of Simpson’s attorney Philip Baker.

“In determining whether there is a conflict, Simpson has not established a substantial relationship exists or existed” between him and any prior legal work done by Mitchell, Silberberg that would disqualify the firm from representing Goldman.

Haber’s ruling, issued after a short hearing, paves the way for Simpson’s deposition to go forward in the civil case. The deposition was delayed while the conflict issue was pending before Haber. In November, Haber rebuffed a request by Simpson’s attorneys to keep his written deposition secret.

At a brief news conference after the hearing, Petrocelli said he knew of “no other obstacle” that would prevent the deposition from being held, but quickly added, “I wouldn’t be surprised if something else came up.”

In related rulings, Judge Haber granted the request of Simpson’s attorneys to allow an out-of-state deposition of former Los Angeles Police Det. Mark Fuhrman, a pivotal figure in the criminal case against Simpson who is now retired and living in Idaho.

Fuhrman testified that he found a bloody glove at Simpson’s Brentwood estate that matched one found near the bloody bodies of Goldman and Simpson’s ex-wife hours after their June 13, 1994, murders.

Simpson’s attorneys contended that Fuhrman was a racist who planted the glove at Simpson’s home as part of an effort to frame him in the grisly double murder. Although they were never able to prove that, the defense was able to erode Fuhrman’s credibility by establishing that he lied when he testified that he had not used the word “nigger” in the last decade.

In a newly released book on the case, Armanda Cooley, the forewoman of the jury that acquitted Simpson of murder charges on Oct. 3, wrote that from the moment she saw Fuhrman she thought he was a “snake.”

In the book, “Madam Foreman,” one of Cooley’s coauthors emphasized how critical Fuhrman was to the case. “Fuhrman found the hat,” Carrie Bess wrote. “Fuhrman found the glove. Fuhrman found the blood. Fuhrman went over the gate. Fuhrman did everything. When you throw it out, what case do you have? You’ve got reasonable doubt even before you get to the criminalists.”

Nonetheless, Petrocelli said he was not worried that Fuhrman would have a big impact on the civil case. “I don’t think there will be any concern about evidence being planted or manufactured or corrupted,” he said in response to a reporter’s question.

Haber also granted the request of Simpson attorney F. Lee Bailey, a member of the Massachusetts and Florida bars, to be admitted to practice in California for the civil case. Bailey took part in the criminal case but in California, an out-of-state lawyer must be admitted on a case-by-case basis. Bailey disclosed to the New York Daily News over the weekend that he planned to get involved in the civil case, although the full nature of his role is not clear. Legal observers said they think Bailey, among other things, will help prepare Simpson for his deposition.

Petrocelli said he has not yet seen the videotape that Simpson made with a Southern California company, which went on sale for $29.95 last weekend. Petrocelli said he has subpoenaed the tape, the script and outtakes of the filming.

A trial in the wrongful death case is scheduled for April 2. Petrocelli said he still expects the trial to start on that date. The next hearing in the case is set for Feb. 15.