It may prove to be more of a battle than many had thought. At a pretrial hearing Sept. 18, Commissioner Thomas Schulte of family court in Orange County, Calif., refused Simpson's request that he be given preliminary custody of the kids, who have been living with Lou and Juditha Brown in Dana Point, Calif., and attending a nearby private school since Nicole's' murder. A full custody trial is set to begin Nov. 4.
During the hearing, which dragged on for nine days of testimony, the Browns were down in the dumps about their chances of keeping the kids, says a family friend. Not only does California law favor biological parents, but sources close to the case confirm that the court-appointed therapist and lawyer for the children recommended that Simpson be granted custody. Moreover, Schulte has a reputation for recognizing fathers' custodial rights. So his preliminary ruling is viewed as a small victory for the Browns. Says their former attorney Gloria Allred: "What these children need more than anything is stability and continuity after the brutal murder of their mother. The last thing they need is change yet again."
Not surprisingly, relations between Simpson and his in-laws are frosty. The Browns reportedly never talk to their former son-in-law, simply handing the phone over to the children when he calls nearly every night. Though everyone agrees that Justin seems to enjoy being with his father ("O.J. and Justin are typical father and son," says civil rights lawyer and Simpson friend Leo Terrell. "It's a very strong relationship."), the Brown and Simpson camps offer wildly differing accounts of how Sydney views O.J.
Under the terms of the court-mandated custody arrangement now in force, the children visit him every other weekend. The Browns drive the kids to a point halfway between their home and Brentwood, where a Simpson security guard picks them up and takes them to OJ.'s Rockingham mansion. According to one source who has spent time with the Browns, Sydney has come to dread these visits. "Judy has a very rough time trying to beg her to go over there," the friend says. "She's a good kid, but very angry. She has bad tantrums." OJ.'s niece Terri Baker, on the other hand, insists both children are happy to visit their father. "They love being here, they have a lot of fun," she says. "Sydney's never said anything in our presence against wanting to be there with him."
Why Simpson decided to press for a preliminary ruling remains an open question. In order to attend the hearing, he was forced to miss the start of jury selection in his current wrongful-death civil trial—an important phase in the proceedings. There, events seem to be running against him. During jury selection, Judge Hiroshi Fujisaki has dismissed several prospective jurors considered hostile to the plaintiffs—the Browns and the family of Ronald Goldman—while retaining at least one who said she was almost sure that Simpson had committed the double murder. (The woman still faces a challenge from Simpson's lawyers.)
Once the custody trial begins, it is likely to take several weeks, with a ruling expected early next year. But, as with so much involving Simpson of late, that may not be the final word. Either side, of course, may appeal. And, no matter which way the judgment goes, Sydney will eventually be able to choose her own guardian, with the court's consent. About the only safe bet until then, it seems, is for more bad blood.
BILL HEWITT
LORENZO BENET, LYNDON STAMBLEB and JOHNNY DODD in Los Angeles
- Contributors:
- Lorenzo Benet,
- Lyndon Stambler,
- Johnny Dodd.
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