ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 7, 1997 TAG: 9702070073
SECTION: NATIONAL/INTERNATIONAL PAGE: A-4 EDITION: METRO
DATELINE: SANTA MONICA, CALIF.
SOURCE: The Boston Globe
Seeking to demonstrate that O.J. Simpson can afford to pay substantial punitive damages, the plaintiffs in his civil trial Thursday presented documents showing that - even since he was charged with murder - he has applied to trademark his name and image on hundreds of products and has represented himself as ``perhaps one of the most famous people in the world today.''
Lawyers for the families of Nicole Brown Simpson and Ronald Goldman argued that, based on an earning potential of $2million to $3million a year for the rest of his life, Simpson's net worth stood at $15,703,529 as of Dec. 31, 1996.
Noting that sum, attorney John Kelly asked the jury to impose punitive damages so high that ``no man, especially a man of fame and fortune, will ever again act with such reckless disregard for human life.''
Simpson's attorney, Robert Baker, scoffed at the plaintiffs' estimate of his client's worth and prospects. He said Simpson has debts of $876,157, even before being assessed $8.5million in compensatory damages on Tuesday. Baker also said Simpson's chances for cashing in on his celebrity status are almost nonexistent, especially after losing the civil case.
``The important question ... is whether or not the amount you award is an amount that destroys the defendant,'' said Baker, who told the jurors that there should be no punitive payment. ``He is, in effect, without assets.''
On huge charts, in court papers and during testimony from financial experts, Simpson's finances were laid out in detail Thursday. And, in a sometimes startling reversal of roles, the lawyers for those who accuse Simpson of murder were left to contend that he will stay popular and marketable, while his own denigrated their client's image and worth.
``You have never represented anyone who has been found guilty for the murder of his ex-wife and another person and who has been assessed damages against him of $8.5million, have you?'' Baker asked one of the two plaintiffs' witnesses Thursday, Mark Roesler, the head of a company that markets major sports and entertainment personalities.
Roesler, whose clients have included several Hall of Fame football and baseball players, as well as the estates of Elvis Presley, Marilyn Monroe, James Dean and Malcolm X, conceded Baker was right.
But he insisted that his experience indicated Simpson could earn $2million to $3million a year through the domestic and international sales of autographs, books memorabilia, personal items, media interviews and perhaps even a minor movie role or two.
The plaintiffs want to persuade the jury that Simpson can still earn lots of money because that likely would increase the amount of any judgment against him. Additional testimony and final arguments are expected today, followed by deliberations and maybe even a verdict as early as this afternoon.
Neill Freeman, an accountant and financial investigator in court cases, testified for the plaintiffs that he had not received all the information he sought from the defense. Hinting that some funds may be hidden, he said that he discovered that Simpson received $3million - $1.75million from his insurance company for legal costs and $1.25million from a food processing company - but couldn't determine what was done with the money.
Late in the day, Simpson's own personal and business attorney tried to dispel any notion that his client had done anything untoward - or that he had anything left. ``He cannot pay his bills,'' said Leroy Taft, who was called as a defense witness. ``For the last 12 months ... I've seen a gradual drying up of O.J.'s services in every area. ...There is zero.''
Taft said Simpson has made about $30,000 in the last six months and he has been ``vigorously'' trying to market his memorabilia without success. He added that Simpson is making about $5,000 a month on autographs, but has been turned down repeatedly by publishers to write a second book.
To pay his personal and legal bills, Taft said, he has had to sell a condominium in New York; other rental units in California; and shares of Honeybake Ham company, among other things.
LENGTH: Medium: 76 lines ILLUSTRATION: GRAPHIC: Chart by AP.by CNB