Goldmans Seek Details on Simpson’s Finances

Attorneys for Fred and Kim Goldman have filed an aggressive motion seeking information about O.J. Simpson’s finances “and the profits Simpson has gained by virtue of the murders” of Nicole Brown Simpson and Ronald Lyle Goldman.

Goldman family attorney Daniel M. Petrocelli contends that his clients are entitled to such information because there is a “substantial probability” that they will prevail on a punitive damage claim in their civil wrongful death case against Simpson, given the facts introduced in Simpson’s criminal trial.

Simpson was acquitted in October on charges that he killed his ex-wife and Goldman.

The standard of proof in the civil case--a “preponderance of the evidence”--is considerably easier to meet than the burden faced by Simpson’s prosecutors in the criminal case, in which they had to prove guilt “beyond a reasonable doubt.”

Despite the acquittal, Petrocelli alleges that “Simpson callously stabbed and slashed Ron and Nicole to death outside Nicole’s condominium in Brentwood.”

To support this contention, Petrocelli’s motion recites some of the evidence linking Simpson to the June 12, 1994, slayings that was introduced at the criminal trial. That evidence includes DNA test results, hair and fiber evidence, Simpson’s previous abuse of Nicole Simpson and his lack of any corroboration for his whereabouts between 9:36 p.m. and 10:53 p.m., the period in which the killings apparently took place.

In his opening statement at the murder trial, attorney Johnnie L. Cochran Jr. said his client was chipping golf balls at his Brentwood home at the time of the murders.

Normally, a plaintiff in a wrongful death lawsuit is not allowed to ask a defendant about his finances at a deposition. Moreover, the plaintiff normally would not have enough information to justify such a request at this stage. But because the criminal case already was tried, the Goldmans’ lawyers have a wealth of information to buttress their motion, as well as rulings by the Municipal Court judge who bound Simpson over for trial that there was “ample evidence to establish strong suspicion of [Simpson’s] guilt.”

Simpson’s lawyers declined to return calls seeking comment on the motion, which is scheduled to be heard Dec. 19 by Santa Monica Superior Court Judge Alan B. Haber.

If Haber grants the motion, it would enable the plaintiffs “to start tracking his assets, and you’d be in a better position later if he tries to hide them,” said Michael Brewer, the lawyer for Ron Goldman’s mother, Sharon Rufo, who also has sued the former football star. The extent of Simpson’s wealth is not publicly known. At one time, it was estimated at $10 million, but that was before he incurred about $5 million in legal expenses. John Q. Kelly, attorney for the estate of Nicole Brown Simpson, which also has filed a wrongful death case against Simpson, said he would join Petrocelli’s motion. “Our case is one for punitive damages, so it would be most appropriate for us as well,” Kelly said.

Kelly scoffed at persistent speculation that the Brown family would settle their case because of a desire to avoid a prolonged legal battle with Simpson, whose children are currently in their custody. Asked if there was a high likelihood his clients would go to trial, as scheduled April 2, Kelly responded, “Sure.”

On Monday, Haber granted Petrocelli more time to review which of 144 items police confiscated from Simpson last year he wants to keep and which he will return. Simpson is trying to get back the items, which have remained in police custody. At a November hearing, Haber gave the parties two weeks to resolve the dispute, but no agreement has been reached.

“A number of the items will be withheld pending further forensic work and further examination,” Petrocelli said. Simpson’s attorneys contend that their client is entitled to recoup a knit cap, gloves and videotapes, among other items found either at his home or in his Ford Bronco during the police investigation.

Petrocelli also said that arrangements are being made to depose Simpson’s former girlfriend, Paula Barbieri, on Dec. 14, either in Los Angeles or her hometown, Panama City, Fla.