Juror Dismissed After Bragging On Christmas Card Simpson Defense Expert Grilled Over Estimate Of Attack Time

An alternate juror was booted from the O.J. Simpson wrongful death trial Tuesday after bragging in a Christmas card to a childhood pal that he was serving on the panel.

The friend, who happened to be a sheriff’s deputy, reported it to court officials, said a source who spoke on condition of anonymity.

Jurors were not told why the Hispanic man in his 40s was dismissed. But Superior Court Judge Hiroshi Fujisaki sternly reminded them of the rules against talking about the case.

“I’ve warned you about talking about this case … people may know you are on this case … you are not to initiate any contact,” Fujisaki warned.

The dismissed alternate, who wore Badge 330, told attorneys during jury selection that he was unbiased and, “I call ‘em as I see ‘em.” He was one of two jurors and three alternates to be dismissed; only four alternates remain.

Earlier Tuesday, plaintiff attorney Edward Medvene sputtered with indignation as he accused defense pathologist Dr. Michael Baden of shading his testimony to favor Simpson.

Medvene even pulled out a TV talk show tape to undermine Baden’s testimony that two attackers may have killed Nicole Brown Simpson and Ronald Goldman on June 12, 1994, and that it took a relatively long time for them to die.

Baden testified earlier in the wrongful death trial that a long struggle and the lack of screams during the slayings supported his theory that two attackers restrained the victims.

Medvene focused on Baden’s testimony that Goldman could have been on his feet struggling with a killer for two to three minutes after he was stabbed in the jugular vein.

The attorney asked Baden if he told a national TV audience that Goldman was standing for five or 10 minutes. “I don’t think I said it that way,” Baden said.

Medvene then played part of a Nov. 11 “Rivera Live” show in which Baden said: “It would have taken five or 10 minutes for the blood to go down to the left shoe. He was standing for that period.”

“Does that refresh you, sir? Yes or no?” Medvene bellowed.

“Yes,” Baden said. The pathologist later said the difference between two, three and five minutes didn’t matter significantly because the gap between the first stab wound and death was still five to 10 minutes. He said Goldman continued to bleed after he collapsed.

His time line differs drastically from that of the plaintiff pathologist who said both victims could have expired in about a minute.

A shorter time line favors the plaintiffs because it would give Simpson time to kill the victims, ditch bloody clothing and a weapon and return home in time to catch a limousine ride to the airport.

Medvene’s shrill verbal attack left Baden wiping his forehead with a handkerchief and struggling to get a word of explanation in as the attorney repeatedly shouted, “Answer yes or no!”

Fujisaki overruled defense objections to the argumentative tone of the questions and ordered the witness to answer.

Tuesday afternoon, the defense also called a witnesses who didn’t testify during the criminal trial.

Thomas Tallarino, a driver for actor Danny DeVito in 1994, said he was skating past Nicole Brown Simpson’s condo before 9 p.m. the night of the slayings when he saw a man with dark, straight hair - possibly a light skinned Hispanic - crouching in some bushes. He said he couldn’t describe the man in detail.