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Goldmans' attorney won't testify in O.J. Simpson trial

LAS VEGAS, Nevada -- The lawyer representing the estate of murder victim Robert Goldman will not be allowed to testify in O.J. Simpson's robbery/kidnapping trial.

Judge Jackie Glass this morning sided with Simpson's lawyers and ruled David Cook will not take the stand.

"The relevance regarding this issue and the civil suit is marginal," Glass said. "The prejudice far outweighs the probative value."

Cook represents the Goldman family, specifically Frank Goldman, whose son was murdered in 1994, along with and Simpson's ex-wife, Nicole Brown Simpson.

Simpson was charged with both murders but was acquitted in 1995 following a highly publicized criminal trial.

The Goldman family then filed a civil action against the former NFL star, which found him liable for the deaths. That court issued a $33.5 million judgment against Simpson and split the sum between the Goldmans and Nicole Brown Simpson's estate.

Cook has represented the Goldmans since November 2006.

Glass's conclusion this morning was brief: "We're here to deal with this case of Sept. 13, 2007, so Mr. Cook will not be testifying."

Glass noted the amount of time spent Tuesday debating and discussing Cook's relevance when she announced her decision this morning. "We had a significant amount of discussion here at the bunch, we had discussion in my chambers, I indicated to all of you that I wanted to think about this before I made this decision and in fact when court was over I went into my office and thought about it," she said.

Glass had Cook take the stand Tuesday for an evidentiary hearing after she dismissed the jury for the day.

Cook answered questions from the judge, as well as from attorneys for the prosecution and defense. Glass then said she would announce in the morning whether or not Cook would be allowed to answer questions in front of the jury.

Simpson's lawyer, Yale Galanter, argued on Tuesday that Cook's testimony had to be of relevance to his client's criminal trial. Attorneys for Simpson's co-accused, Clarence "C.J." Stewart, said the witness had no baring on their client.

Lawyers for both defendants motioned for a mistrial, while Stewart's lawyers moved to have their client severed from the trial.

The objections delayed Tuesday's proceedings for several hours.

Prosecutors, meanwhile, defended their witness.

"The fact of the matter is, is that Mr. Simpson talks about the (civil) judgment, the Goldmans on the audio tape. This was one of the motives for the robbery," District Attorney David Roger said Tuesday.

The State believes Simpson wanted to recover items from the plaintiffs, memorabilia dealers Bruce Fromong and Alfred Beardsley, in Nevada instead of California because of his ongoing efforts to skirt turnover orders that Cook filed on behalf of the Goldmans.

After Glass announced Cook would not be allowed to take the stand, prosecutors called Walter Alexander as their next witness.

Alexander is one of the two men who brought guns with them when they accompanied Simpson and Stewart on the reconnaissance mission at the Palace Station last year.

He and five others who were in the entourage that day have signed plea agreements with prosecutors and will testify against the defendants.

Simpson and Stewart currently face 12 robbery, kidnapping and weapons charges stemming from the hotel room confrontation last year. Their trial began Sept. 15 and is expected to last five weeks

Copyright © Las Vegas Sun. Inc. Republished with permission.

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