The 4th District Court of Appeal on Tuesday reversed a decision
granting Simpson custody of Sydney, 13, and Justin, 10, and ordered a
new hearing that must weigh whether Simpson has a propensity to
violence.

The court sharply criticized Superior Court Judge Nancy Wieben
Stock for granting custody in 1996 without considering evidence
Simpson may have killed the children's mother, Nicole Brown Simpson.

At the time of Wieben Stock's decision, Simpson had been found
innocent in a criminal trial, and a civil case that ultimately found him
liable for killing his ex-wife and Ronald Goldman was still being heard.

That didn't matter, the appeals court said.

''First and foremost, the grisly circumstances of the murder itself simply
could not be ignored, even if consideration of them would have taken
some time,'' the justices wrote.

''As a matter of case law, as well as common sense, the question of
whether one parent has actually murdered the other is about as relevant
as it is possible to imagine,'' the judges said in a 3-0 ruling.

Wieben Stock should have waited to make her ruling until the civil trial
concluded, the court said, though the delay was seen then as potentially
damaging to the children's welfare.

The appeals court also said Wieben Stock did not give proper weight
to evidence of domestic abuse in the Simpson marriage.

In an interview with The Associated Press, Simpson said he thought the
ruling represented a backlash against him without concern for the
children.

''The bottom line is there are people out there who think their opinion of
me is going to supersede the well-being of my kids,'' said Simpson,
who continues to maintain his innocence in the slayings. ''And my only
interest is the well-being of my kids.''

The children's attorney, Marjorie Fuller, said they are ''very
disappointed'' with the ruling. In August, Sydney and Justin wrote the
justices an emotional letter asking to stay with their father.

Simpson said he will fight to keep the children in his custody where he
said they have been thriving. He said the children are doing ''incredibly
well and are incredibly well adjusted and happy.''

Fuller said the children would probably stay with their father until
appeals are exhausted. Either she or Simpson may request a hearing
within 30 days or appeal directly to the state Supreme Court.

The appeals court acted on a petition by Mrs. Simpson's parents, Louis
and Juditha Brown. They had custody of the children while Simpson
was on trial for the 1994 slashing murders of his ex-wife and her friend.
After he was acquitted in 1995, the Browns lost their bid to gain
permanent custody.

Last year, a civil court jury ordered Simpson to pay $33.5 million in
damages to the Browns and the Goldmans, who had sued him for the
deaths. The money has not been collected.

The custody case is to be reheard before Orange County Court
Commissioner Thomas Schulte, who was replaced by Wieben Stock.

The appeals court ordered the lower court to consider any propensity
to violence by Simpson, the possible effect of taking the children from
him and the children's own views. Sydney and Justin would probably
be called to testify in a private setting.

Natasha Roit, the Browns' attorney, said Wieben Stock should have
considered the ''murder issue'' in the first place.

''Two children, the potential for humongous violence,'' she said, ''and
not to accept that evidence was error, and based on that alone the
court could have reversed it, but there were other errors as well.''

-- (AP) - 11/11/98