Copyright 1995 The Atlanta Constitution
The Atlanta Journal and Constitution

October 12, 1995

Atlanta lawyers concur: 'Less he says, the better'

By Peter Mantius

STAFF WRITER

Local lawyers weren't surprised at all that O.J. Simpson and his lawyers canceled plans for Simpson to sit for an unrestricted interview on national television Wednesday night.

"If I'd been his lawyer, I'd have been on his doorstep getting him to pull the plug," said Gilbert Deitch, an Atlanta plaintiff attorney. "I think it got as far as it did because of his ego."

"Obviously, if he went on national television and made statements that were harmful to him, they could be used against him in the civil case," said Frank Jones of King & Spalding, referring to civil litigation filed by the families of murder victims Nicole Brown Simpson and Ronald Goldman.

"There are three reasons why O.J. should never give such an interview," said Atlanta criminal defense lawyer Jerry Froelich.
"First, he'd probably make himself look bad publicly. The less he says, the better.

"Second, the people who are suing him would use it in the civil suit.

"Third, if he wants to make money on a book deal, that would go out the window with this interview."

Steven Kaminshine, a law professor at Georgia State University, said he was surprised to hear Simpson had scheduled a national TV interview with somebody as "reputable" as Tom Brokaw.

Kaminshine noted that Simpson faces intense grilling in the civil suits and will not have the option to refuse to testify by asserting his Fifth Amendment right against self-incrimination.

Deitch added that the civil trial will be different from the criminal case because Simpson will not be presumed innocent. His opponents don't have to prove "guilt beyond a reasonable doubt" but need only show liability by a "preponderance of evidence," a lower standard.