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Judge has no-excuses attitude in picking Simpson jurors

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September 16, 1996
Web posted at: 10:00 p.m. EDT

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SANTA MONICA, California (CNN) -- Jury selection got off to a no-nonsense start Wednesday in the O.J. Simpson civil trial, with the judge taking a hard line on potential jurors' reasons to avoid serving on the panel.

The only excuse that appeared reasonable to Superior Court Judge Hiroshi Fujisaki was that of financial hardship. Of 42 people interviewed, 22 were told to come back and 20 were excused.

Fujisaki said he expected the trial to last four months in the wrongful-death lawsuit brought against Simpson by the families of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman. Simpson was acquitted last October in their June 1994 murders.

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A retired woman pleaded to be excused, saying she is claustrophobic.

"I don't like courtrooms. I don't like being closed in. I don't like a lot of sitting," she said.

"How big is your living room?" the judge asked. She acknowledged it was smaller than the courtroom.

The judge told potential jurors he would buy them lunch, but would not sequester them. Jury selection may take up to three weeks. The first day's potential jurors were racially mixed. Race was a key issue in Simpson's criminal trial last year; the jury in downtown Los Angeles was predominantly black.

The civil trial is being held in Santa Monica, a wealthy seaside town with a largely white population near Los Angeles. Prospective jurors are from a 20-mile radius.

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Attorneys for Ronald Goldman's father, Fred Goldman, filed a motion asking to make changes in the proposed jury questionnaire. Goldman wants to add questions including, "Do you think this case is an unfair attack upon an African American. Yes or no?" No ruling has been made on his request.

More blood evidence possible

Fujisaki left open the possibility that plaintiffs will get to put more blood evidence before the civil jury than was admitted in the criminal trial.

The judge ordered a special hearing to determine the admissibility of presumptive blood tests. Those tests indicated the presence of blood in the drains of Simpson's bathroom sink and shower, and on the air conditioner by the guest house at his estate.

Simpson's lawyers counter that since no further testing was done to prove the stains were human blood, the jurors should not hear any of it. The presumptive test results were barred at the criminal trial.

Fujisaki is sealing all autopsy photos of the two victims. For the time being, he is not sealing photos of the crime scene that were broadcast during the criminal case.

Media as interested as ever

As with the criminal trial, media interest in the civil trial is running high, despite the judge's efforts to contain it.

Cameras remain barred from the courtroom, and lawyers and witnesses cannot discuss the case in public. Fujisaki decided not to challenge an appeals court ruling that allows a closed circuit audio feed to be provided to reporters in a media room. But he will not allow them to use phones, computers or recording devices.

The judge also has decided not to contest the appeals court order that overturned his ban on sketch artists drawing while in the courtroom. He has not decided whether to appeal the decision that loosens the gag order he earlier imposed on witnesses.

The biggest media impact is clearly on television, but the managing editor of one local TV news operation said if the intent is to curtail coverage, it will not work.

"It's a huge, huge, huge local L.A. story, probably in the top five stories in the past 20 years in Los Angeles," said WCBS's Pat Casey.

Simpson pursues custody fight

Simpson was absent from the jury screening Wednesday, because he was in an Orange County courtroom fighting for the custody of his two youngest children from his marriage to Nicole, Justin and Sydney Simpson. The children have been living with his ex-wife's parents.

Reporters were barred from those proceedings, and it was uncertain when a decision might be announced.

Correspondents Jim Moret, Greg Lamotte and Charles Feldman and The Associated Press contributed to this report.

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