Video Testimony by Simpson Witness Possible

Criminalist Henry Lee, a star witness for O.J. Simpson’s criminal defense team, possibly will be allowed to testify by videotape in Simpson’s upcoming civil trial even though he refuses to take the witness stand in person, a judge has ruled.

Superior Court Judge Hiroshi Fujisaki, who will preside over the civil trial, will make the final call: He will decide whether the video of Lee’s testimony should be introduced to jurors once the trial gets underway.

In the meantime, Superior Court Judge Jack M. Newman, who is handling pretrial issues, ruled that it would be legal for lawyers to make such a video with the expectation of using it at trial. Newman this week granted approval for lawyers to grill Lee under oath in his home in Connecticut with the camera rolling.

Plaintiffs pressing the wrongful-death suit against Simpson had objected to the long-distance testimony. They argued that if Lee was not willing to participate in person, he should not be allowed to serve as an expert witness for the defense.