O.J. Simpson won a major legal and personal battle Friday, wresting custody of his young son and daughter from their maternal grandparents - who quickly suggested the children might suffer as a result.
"We are all so very grateful to have the children home again where they want to be," Simpson said in a brief statement after an Orange County judge announced her decision giving him custody of Justin, 8, and Sydney, 11. They have been living with grandparents Juditha and Louis Brown since their mother, Nicole Brown Simpson, was slain in June 1994.Through their lawyer, Natasha Roit, the Browns issued their own emotional response, indicating they were very upset by the ruling and expressing concern about the children's welfare.
"It is with great sadness and concern that we receive the news today that the judge has decided to terminate the guardianship," the Browns said. "We love Justin and Sydney and we pray for their safety and well-being."
Their comments were read at a press conference by Roit, who added her own assessment: "I believe the children are at substantial risk with Mr. Simpson." Roit argued that since Simpson has never acknowledged having perpetrated domestic violence against his former wife, he cannot have begun any healing process and so could strike out again.
Simpson was acquitted last year of charges he had killed his former wife and Ronald Goldman outside her Brentwood condominium.
Roit said details of when and how the children would be returned to their father had not yet been worked out. The order by Superior Court Judge Nancy Wiebenstock did not specify those details, but it did give the Browns visitation rights on every other weekend and on holidays.
Wiebenstock also set a Jan. 10 date for hearing arguments from the Browns for a stay of the decision, presumably pending the outcome of Simpson's ongoing civil trial in Santa Monica. The families of Nicole Simpson and Goldman have sued Simpson, accusing him of being responsible for their "wrongful deaths."
The custody proceedings have been held behind closed doors, but details about them began to filter out after Friday's ruling. The most surprising was that no discussion of the murder charges against Simpson had been permitted during the case.
The judge said in her written ruling that the Browns had failed to provide "clear and convincing evidence" that custody by the children's father "would be clearly detrimental to their well-being." Analysts had predicted Simpson would win the highly emotional battle, largely because California law overwhelmingly favors the custodial rights of biological parents - even when they have been accused of domestic violence.
Wiebenstock reportedly also thought it would be unfair to allow arguments about the murder charges because she knew there would be no resolution of the civil trial by the time she wanted to make a decision. She evidently wanted to rule in time for the children to spend the holidays in the home where they would be living.
The former football star did not attend the civil trial Friday in Santa Monica, where his lawyers apparently had intended to put him back on the stand. However, a number of factors apparently changed their plan. The resolution of the custody battle clearly was among them, since it presumably drew the defendant's time and attention, but there were others.
For instance, it appeared the plaintiffs' lawyers purposely stretched out their interrogations of the last few witnesses as part of a strategic cat-and-mouse game to prevent the defense from putting Simpson on as the last witness before a two-week holiday recess.