Federal judge throws out Simpson lawsuit

Monday, April 24th 2000, 12:00 am

By: News On 6

LOS ANGELES (AP) -- A lawsuit seeking telephone records that O.J. Simpson says would exonerate him in the killings of his ex-wife and her friend was dismissed Monday by a federal judge.

"I think your lawsuit here borders on being frivolous," U.S. District Judge Dean Pregerson told Simpson's lawyer, Doug McCann. McCann said he would continue pursuing the case.

Simpson claims the records will show that his ex-wife, Nicole Brown Simpson, spoke to her mother at 11 p.m. on June 12, 1994, the night Ms. Simpson and Ronald Goldman were killed in front of her condo.

Testimony in Simpson's criminal trial placed the call at 9:37 p.m.

Simpson was acquitted of murder charges but found liable for the deaths in a civil trial. Attorneys for both sides in that trial
maintained Ms. Simpson was stabbed to death shortly after 10:30 p.m., giving her ex-husband time to return home, change clothes and
catch a limousine to the airport at 11 p.m.

McCann argued that records showing that Ms. Simpson took a call at 11 p.m. would prove Simpson's innocence.

Ms. Simpson's mother, Juditha Brown, has said she called her daughter when she returned home after a family dinner at Mezzaluna Restaurant in Los Angeles.

A General Telephone and Electric Co. lawyer has said a court order would be needed for release of the records without the consent of Ms. Simpson's parents, who have refused.