SIMPSON'S CIVIL WARS

By CHRISTOPHER JOHN FARLEY

HIS WEALTH HELPED O.J. SIMPson secure an acquittal in his criminal trial. Now his riches have become a target for those seeking both vengeance and catharsis. Simpson faces two lawsuits stemming from the double murder, one filed by the parents of murder victim Ron Goldman, Fred Goldman and Sharon Rufo (the two are divorced but have now joined their suits); and another on behalf of Nicole Brown's estate (Louis Brown, father of the slain Nicole, is the estate's executor). Depositions in the Goldman suit were to have started this week but were postponed until Oct. 30 after Simpson hired a new attorney, civil litigator Robert Baker. It's rare for acquitted criminal defendants to be hit with such suits, which carry no jail time but could result in multimillion-dollar damage judgments. Explains Professor Welsh White of the University of Pittsburgh School of Law: "Most criminal defendants, unlike O.J. Simpson, do not have the kind of assets that would be worth pursuing."

There are a few notable precedents, however. In 1985, after a previous conviction was overturned, socialite Claus von Bulow was acquitted of trying to kill his wife, Martha ("Sunny") von Bulow. Claus' two stepchildren then filed a civil suit against him that was settled out of court after Von Bulow agreed, among other things, to renounce his claims to his comatose wife's fortune. Says attorney Michael Armstrong, who represented the stepchildren: "The purpose for the Von Bulow suit was to get Claus out of the lives of the family. When he agreed to do that, there was no longer any purpose in the case. The purpose of the family in the O.J. case is to prove their case. The payment of money by O.J. would be viewed as an admission [of guilt]."

In another instance, the family of Japanese exchange student Yoshihiro Hattori won $653,000 in a civil suit filed against Baton Rouge, Louisiana, butcher Rodney Peairs, who shot their son when he mistakenly came to Peairs' door while searching for a Halloween party. Peairs was acquitted of manslaughter, but, says the Hattoris' lawyer Charles Moore, "sometimes jury verdicts are wrong. That doesn't mean you have to throw up your hands and walk away."

Prospects for the Simpson civil suits remain unclear. New York University Law professor Stephen Gillers predicts Simpson will give the Browns custody of his children if they agree to drop their suit and allow generous visitation. The Goldmans have no such incentive to settle. If either case goes to trial, it will be held in mostly white Santa Monica, California. The standard of proof is lower in civil cases--the jury assesses guilt or innocence based on a "preponderance of the evidence" rather than "reasonable doubt." A verdict requires only nine of 12 jurors, not unanimity. Also, says Gillers, "his opponents can force Simpson to be deposed. They can use all of the evidence the state collected. All they need is the money to wage the battle." That might be forthcoming. The Goldmans have been deluged with offers of help, both technical and financial.

--Reported by Andrea Sachs/New York and James Willwerth/Los Angeles

With reporting by Andrea Sachs/New York and James Willwerth/Los Angeles