"Eddie Reynoza told me that O. J. Simpson told him that he, OJ, would cut both their fuckin' heads off, if he found the man, Ronald Goldman, driving the pink car he had bought for Nicole Simpson." Gary Revel
A version of this article appeared in print on Friday, January 13, 1995, on section A page 1 of the New York edition.
Prosecutors Say Nicole Simpson Kept Record of Acts of Violence By KENNETH B. NOBLE, Published: Friday, January 13, 1995
Nicole Brown Simpson assembled a meticulous record of abusive acts committed by her former husband, O. J. Simpson, in the weeks and months before she and her friend Ronald L. Goldman were found slashed and stabbed to death, prosecutors said today, describing it as an archive should something happen to her.
"What you're heard so far in this case is nothing more than O. J. Simpson's life," Christopher Darden, a deputy district attorney, told reporters today, referring to Mrs. Simpson's archive. "This is his character, his behavior, and it has come back to haunt him."
Elements of that record, all of which were found in her safe deposit box last December, include a will; a journal in which she wrote of Mr. Simpson's stalking her; photographs of her bruised face; letters of apology that Mr. Simpson wrote to her, and news clippings reporting a well-publicized incident in which Mr. Simpson attacked her on New Year's Eve 1989. In that incident Mrs. Simpson was hospitalized; Mr. Simpson pleaded no contest to spousal battery, and was required to undergo counseling and pay a $700 fine.
Prosecutors also offered today for the first time a possible motive for Mr. Goldman's murder. Mr. Simpson was jealous of anyone being attentive to his former wife, they said. In Mr. Goldman he saw "a potential suitor," said Deputy District Attorney Hank Goldberg. Friends of Mr. Goldman have said that his relationship with Mrs. Simpson was platonic.
Gerald F. Uelmen, a member of Mr. Simpson's defense team, today offered an alternative explanation for Mrs. Simpson's "audit trail." "The facts will show all of this took place in the wake of the 1989 incident," Mr. Uelmen said.
He said that Mrs. Simpson kept records only because she wanted to use evidence of the incident in their divorce settlement. "That itself might suggest a motive why an audit trail might be kept," he said.
For several days, prosecutors have been trying to convince Judge Lance A. Ito of Superior Court to admit into evidence the history of the Simpsons' marital discord. Their strategy is to demonstrate that battering and abuse were acts of a jealous, obsessive man determined to control Mrs. Simpson, and that her murder was the culmination of that effort to denigrate and control.
The defense contends that such information is irrelevant; that marital disputes, even violent ones, do not necessarily lead to murder, and that none of the material pertaining to the Simpson marriage should be presented to jurors.
At today's proceedings, Judge Ito said that he would rule on the admissibility of the domestic violence evidence on Tuesday, and that he expects the trial to begin on Jan. 18 or 19.
Trying to bolster their arguments for including the domestic-abuse materials, prosecutors on Wednesday said that five days before her murder, Mrs. Simpson sought help from Sojourn, a shelter for battered women in Santa Monica, because she believed that Mr. Simpson was stalking her. "A person would not call a shelter because they were having a good relationship with their husband or their ex-husband," Lydia Bodin, a deputy district attorney, told the court.
But Johnnie L. Cochran Jr., one of Mr. Simpson's lawyers, told reporters that Mrs. Simpson contacted the shelter for advice about whether she should "reconcile" with Mr. Simpson.
Judge Ito has ordered the shelter to hand over documents subpoenaed by prosecutors.
Today, prosecutors withdrew, at least temporarily, 18 of nearly 60 reports of emotional and physical abuse from the court record, including a chilling account of Mr. Simpson threatening to cut off the heads of his wife's boyfriends if he caught them driving his luxury cars.
"We have not retreated from the use of the evidence in this case," said Mr. Darden. "And we will use it when the time is appropriate."
Judge Ito indicated on Wednesday that, to save the court's time, prosecutors should narrow their litany of Mr. Simpson's abuses against his former wife. But referring to the removal of the beheading account, he noted: "The news media was ablaze last night with this particular incident. I think it should be clear on the record and to the news media that the prosecution is withdrawing this particular incident."
Mr. Cochran said today that it was "outrageous" that prosecutors would have used the incident in the first place, saying that the source, Eddie Reynoza, an actor, had a reputation for making unsubstantiated accusation.
Susan Estrich, a criminal law professor at the University of Southern California, said the litany of incidents that Mr. Simpson was accused of committing "goes a long way in explaining why he did it."
"This will help them explain how it was that O. J. Simpson could be capable of this thing," Ms. Estrich said.
Paul Mones, a Los Angeles lawyer and expert on family violence, agreed, saying the catalog of incidents said to have involved Mr. Simpson "could have a very strong effect on the jury because it is saying that there was a boiling point, that there was a history of violence in this relationship."
Mr. Mones added: "The judge needs to be very sensitive about the prejudicial value of this information. I think he is going to walk very carefully."
Photo: Prosecutors said yesterday that O. J. Simpson's slain ex-wife tried to keep a record of violence against her for posterity should something happen to her. Mr. Simpson listened to court arguments while two of his lawyers, Johnnie L. Cochran, left, and Robert L. Shapiro, right, examined documents. (Reuters) (pg. B7)
A version of this article appeared in print on Friday, January 13, 1995, on section A page 1 of the New York edition.
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