Judge Rules Simpson Must Yield Video

O.J. Simpson must turn over a video shot inside his home after a police search--a video that his legal foes believe may shed light on what became of a knife Simpson purchased a few weeks before the slashing murders of his ex-wife and her friend.

Superior Court Judge Hiroshi Fujisaki on Thursday ordered the defense to hand over the video, which was taken to document the condition of Simpson’s estate after the police searched it June 28, 1994, more than a week after Simpson was arrested on murder charges. The video was shot by the son of Simpson’s secretary.

The 15-inch knife with a retractable blade that Simpson purchased at Ross Cutlery in downtown Los Angeles briefly tantalized prosecutors in the criminal trial. They thought it might be the murder weapon, and even asked a coroner to compare that type of blade with the slicing, stabbing wounds that killed Nicole Brown Simpson and Ronald Lyle Goldman on June 12, 1994. The fact that no one could locate the knife only added to the intrigue.

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But the defense produced the knife--in an envelope that became known as the “mystery envelope” in the preliminary hearing. Forensic tests later revealed that the knife was in pristine condition, with no scratches or bloodstains to suggest it had been used in a vicious double homicide.

Prosecutors in the criminal trial never introduced it as evidence.

Lead plaintiffs’ attorney Daniel M. Petrocelli revived the issue for the civil trial with his request for the video. He said he thought the footage could cast doubt on the assertion by Simpson’s criminal defense team that police simply overlooked the knife in their search of his house. Petrocelli has listed as a potential witness the employee from Ross Cutlery who sold Simpson the knife.

A spokeswoman for the district attorney’s office said Thursday that prosecutors had not been aware of the tape’s existence.

Also Thursday, jury selection continued, with the judge refusing to excuse many of the people who claimed that medical ailments or family duties would make serving on a lengthy trial a hardship.

One woman told Fujisaki she could not serve because she was several months pregnant, but the judge insisted the trial would be over before her due date. Another man complained that the trial would interfere with his night job--but Fujisaki said he could see no conflict, since the court day will end at 4:15 p.m. And a man facing back surgery was told to stay in the jury pool until he can tell the judge the exact date of his operation.

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Fujisaki did excuse a few students and two women with nonrefundable plane tickets, as well as a housewife who said she could not speak or understand English very well. But when one man tried to get off by saying he would have trouble paying attention to details of a case that stretched out over several months, Fujisaki showed little sympathy. “I think we all would,” he said briskly.

So far, Fujisaki has excused 146 of the 315 jurors processed.

Simpson did not come to court Thursday, but his lawyer has said he hopes to attend today, when prospective jurors face more intense questioning. All those who passed the hardship stage have filled out questionnaires on their exposure to publicity about the case; the attorneys will discuss their answers with them to weed out tainted jurors.

Simpson should not have a scheduling conflict if he wants to come to Santa Monica today, since the Orange County hearing on his plea for temporary custody of his children has ended. Because of a gag order, the resolution of that case has not been announced. But Simpson and his former in-laws, Louis and Juditha Brown, will vie for permanent custody of the children in a new trial scheduled to start in early November.

Also Thursday, Fujisaki announced that he would not challenge an appeals court ruling striking down some portions of his gag order. Witnesses will now be free to comment to the press, and attorneys will be allowed to talk about “judicial proceedings,” although it was unclear how broadly that term will be interpreted. Fujisaki also agreed to set up an audio feed of the court proceedings to the press room on the condition that it not be recorded or broadcast.