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Rufo v. OJ Simpson - Right Of Publicity

Rufo v. OJ Simpson - Right Of Publicity

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Page 3<br />

Other physical evidence from <strong>Simpson</strong>'s Ford Bronco and <strong>Simpson</strong>'s<br />

home on Rockingham pointed to <strong>Simpson</strong> as the murderer. The Bronco<br />

contained blood from <strong>Simpson</strong>, Nicole, and Ronald. <strong>Simpson</strong>'s freshlydripped<br />

blood was found on his driveway. <strong>Simpson</strong> had recent cuts and<br />

abrasions on his hands. The right-hand glove matching the left-hand<br />

glove from the crime scene was found on a path next to <strong>Simpson</strong>'s house.<br />

This glove contained <strong>Simpson</strong>'s blood, Nicole's blood, Ronald's blood,<br />

Nicole's hair, and Ronald's hair. A pair of socks found in <strong>Simpson</strong>'s<br />

bedroom contained <strong>Simpson</strong>'s and Nicole's blood.<br />

Faced with overwhelming physical evidence, the defense suggested<br />

that some evidence was planted by police officers or ineptly<br />

contaminated during collection, storage, or testing.<br />

<strong>Simpson</strong> testified and claimed that he was at home on Rockingham<br />

during the time of the killings, prior to being picked up by a<br />

limousine driver for a [*584] ride to the airport to fly to a<br />

previously-scheduled event in Chicago. Plaintiffs presented evidence<br />

that <strong>Simpson</strong> had time to commit the murders, go home, catch his ride to<br />

the airport, and dispose of evidence in a small bag that he would not<br />

allow the limousine driver to handle and which was never seen again. On<br />

the flight back to Los Angeles after being notified of Nicole's death,<br />

<strong>Simpson</strong> told a passenger that there were two victims killed in the<br />

garden area of Nicole's house, although those details had not been<br />

provided to him in the notification. After being informed that police<br />

were going to arrest him, <strong>Simpson</strong> and a friend fled in <strong>Simpson</strong>'s<br />

Bronco. <strong>Simpson</strong> had his passport, a fake goatee and mustache, $8,000 to<br />

$9,000 in cash, and a loaded gun. <strong>Simpson</strong> talked about committing<br />

suicide.<br />

CONTENTIONS<br />

<strong>Simpson</strong> contends the trial court erred in admitting evidence that<br />

<strong>Simpson</strong> previously abused Nicole.<br />

<strong>Simpson</strong> contends the trial court erred in admitting evidence of<br />

statements made by Nicole, which he contends were inadmissible hearsay<br />

or irrelevant. <strong>Simpson</strong> contends the trial court erred in excluding<br />

defense evidence of prior testimony of Mark Fuhrman, and of validation<br />

studies performed at the Los Angeles police crime laboratory.<br />

<strong>Simpson</strong> contends the trial court erred in denying a mistrial after<br />

plaintiffs' counsel referred to <strong>Simpson</strong>'s alleged failure to pass a<br />

polygraph test, or after a juror's misconduct was discovered.<br />

<strong>Simpson</strong> contends the compensatory damages awarded to the parents of<br />

Ronald on their action for wrongful death are excessive.<br />

<strong>Simpson</strong> contends the trial court erroneously admitted expert opinion<br />

on the value of <strong>Simpson</strong>'s name and likeness as an element of his<br />

present net worth, and that the punitive damages awarded are excessive.<br />

We find no merit to any of these contentions and therefore we affirm<br />

the judgments.<br />

ADMISSIBILITY OF SIMPSON'S PRIOR ABUSE OF NICOLE

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