Judge: Marcus Allen Doesn't Have To Testify At Simpson Trial
Jun. 21, 1995
KANSAS CITY, Mo. (AP) _ Defense lawyers who want football star Marcus Allen to testify about an alleged affair with Nicole Brown Simpson were dealt a blow Wednesday when a judge ruled that O.J. Simpson's longtime friend won't have to take the stand.
Circuit Judge Thomas Clark said he didn't have sufficient information to determine Allen was a ``necessary and material witness,'' as Simpson's lawyers had maintained and as Simpson's trial judge ruled last month.
Simpson's lawyers had requested that Allen be compelled to testify in the Los Angeles trial. They claim that just before his 1993 marriage, Allen told Simpson he'd had an affair with Ms. Simpson and Simpson still allowed Allen to have his wedding in Simpson's home. Ms. Simpson was divorced at the time of the alleged affair.
Simpson attorney F. Lee Bailey argued Allen would testify that Simpson was not upset about the alleged affair, creating doubt among jurors about the prosecution theory that a jealous rage led to the June 12, 1994, slayings of Ms. Simpson and her friend Ronald Goldman.
``If you understand what the case is about, Mr. Allen's testimony fairly flies at you,'' Bailey said.
Allen, a Kansas City Chiefs running back who played football at the University of Southern California about a decade after Simpson, has denied the alleged affair and refused to discuss the case. He didn't speak during the hearing.
Bailey said he would return to California and file an amended petition with Superior Court Judge Lance Ito seeking Allen's appearance.
On May 17, Ito signed an order certifying Allen as a material witness in the case.
Clark said he wouldn't serve as a ``rubber stamp'' to Ito's action without more information about why Allen's testimony is relevant.
Fred Bellemere, an attorney for Allen, said Allen never told Simpson about an affair.
``Simply because O.J. Simpson says it's so, doesn't make it so,'' he said.