Las Vegas Sun

November 22, 2014

Currently: 51° — Complete forecast | Log in | Create an account

O.J. Simpson expected to take stand in bid this week for new trial

Image

AP Photo/Isaac Brekken, Pool

O.J. Simpson, left, and his lawyer Yale Galanter appear during Simpson’s sentencing hearing Dec. 5, 2008, at the Clark County Regional Justice Center in Las Vegas. Simpson, who was acquitted of the 1994 slayings of his ex-wife and her friend in Los Angeles, has been sentenced to 9-33 years in prison in a Las Vegas armed robbery case.

Sun coverage

O.J. Simpson arrives in court

O.J. Simpson, right, talks with attorney Gabrial Grasso as they arrive at the Clark County Regional Justice Center on the first day of jury selection Monday. Simpson is appearing in court on charges that include burglary, robbery and assault following an incident at Palace Station Hotel & Casino in September 2007. Launch slideshow »

O.J. Simpson Trial, Day 1

O.J. Simpson arrives Monday for the first day of his trial at the Clark County Regional Justice Center. Attorney Gabriel Grasso is at left. Launch slideshow »

O.J. Simpson Trial, verdict

O.J. Simpson, right, with his lawyer Yale Galanter wait for a verdict of guilty on all counts to be read following his trial at the Clark County Regional Justice Center in Las Vegas on Friday, Oct. 3, 2008. The verdict comes 13 years to the day after Simpson was acquitted of murdering his ex-wife Nicole Brown Simpson and Ron Goldman. Launch slideshow »

O.J. Simpson will receive a change of scenery this week — a Las Vegas courtroom rather than a prison cell in Northern Nevada.

The former football star’s name once dominated headlines, but that largely subsided in 2008 when a Clark County jury found him guilty of robbery and kidnapping charges. Simpson was sentenced to nine to 33 years in prison.

But on Monday, with Simpson beside them, his new lawyers will begin arguments seeking a retrial. Simpson is expected to testify Wednesday, according to his defense attorneys, Patricia Palm and Ozzie Fumo.

“I think we have a lot of evidence in our favor,” Palm said. “I believe in my heart that he didn’t get a fair trial.”

Simpson was convicted of a dozen charges related to the Sept. 13, 2007, incident in which he and a group of men — including two armed with guns — forcefully entered a Palace Station hotel room to retrieve memorabilia.

In October 2012, Clark County District Judge Linda Bell granted the evidentiary hearing that will take place this week and agreed to consider 19 of 22 “grounds for relief” listed in Simpson’s appeal for a new trial.

The bulk of questions raised in the 94-page court document revolve around Simpson’s assertions that his lead trial attorney, Yale Galanter, provided ineffective counsel and had a conflict of interest.

In the appeal, Simpson alleges Galanter provided advice about the plan to retrieve the memorabilia for several weeks, including the night before the incident while they had dinner at the Palms.

“Simpson further asserts that Galanter advised him that this plan was legally permissible so long as there would be no trespassing and no physical force used against the persons with the property,” according to the petition for writ of habeas corpus filed in May 2012.

Simpson’s plan to take the stand during the evidentiary hearing relates to one of the questions raised in the appeal. Simpson did not testify at his 2008 trial, a decision he alleges was based on bogus advice from Galanter.

The appeal states the prosecution provided “sufficient evidence” for possible conviction, which could have been challenged by Simpson’s testimony.

Simpson will turn 66 in July. After a celebrated college and professional football career, he dominated the media spotlight in the mid-1990s when a jury acquitted him of the 1994 slayings of his ex-wife, Nicole Brown, and her friend Ronald Goldman.

Simpson’s Las Vegas trial in 2008, however, put him back in the spotlight. Now, he is serving his prison term at Lovelock Correctional Center, about 330 miles north of Las Vegas.

Palm said Simpson often expresses how much he misses his four children and would like to be near them, but he is cautiously optimistic going into the evidentiary hearing.

“I don’t think he wants to get his hopes up,” she said. “He realizes he is O.J. Simpson.”

The defense likely will call 10 witnesses for the evidentiary hearing, which Palm and Fumo expect to last all week.

The Clark County District Attorney's Office declined to comment about the hearing. Opposing the retrial request will be Chief Deputy District Attorney Leon Simon and Deputy District Attorney Leah Beverly.

This isn’t Simpson’s first attempt at regaining freedom. In 2010, the Nevada Supreme Court rejected Simpson’s appeal that his convictions should be overturned.

Last year, Simpson’s other trial defense attorney, Gabriel Grasso, filed a lawsuit against Galanter alleging breach of contract. In the lawsuit, Grasso claims Galanter, a Florida-based attorney, never paid him his $250,000 cut they allegedly agreed upon when Grasso began assisting as local counsel.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy

Previous Discussion: 6 comments so far…

Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.

Only trusted comments are displayed on this page. Untrusted comments have expired from this story.

  1. "We all know he committed double homicide."

    TomD -- no "we don't." You do, and you're making this up. Again.

    "Show me the man and I'll find you the crime." -- Lavrentiy Beria, chief of the Soviet security and secret police under Stalin

  2. Poor OJ. We feel very sorry for him. He hacks off the heads of two people and gets off.

    Poor OJ. Busted in a petty theft of his own stuff.

  3. No doubt OJ killed two people and got off, till he hit Vegas. Fair ? No, but thats the way it is. KillerB, you really think OJ is innocent, come on..

  4. "KillerB, you really think OJ is innocent, come on.."

    jaunsanchez -- actually I don't "think" either way. What I or any of us think of his guilt in those murders is irrelevant and based on nothing, since it's safe to assume none of us here were there.

    As for his current troubles, I have to agree with Wolfdog. There's something seriously wrong with law enforcement when a man confronts his thieves and is the one they take down. But, I wasn't there, either.

    "Makes you feel ashamed to live in a land where justice is a game." -- Bob Dylan "Hurricane"

  5. "So if we weren't at the crime scene but rather watched a 4 month trial with all the evidence presented, we can't draw an opinion? Wow."

    TomD -- gee, almost missed you there in the untrusted commentors. Now you're "drawing an opinion" rather than "we all know." Which translates to "mooooooooooooo"

    "...how little does the common herd know of the nature of right and truth." - Socrates in Plato's "Euthyphro" (399 B.C.E.?)

  6. Between Waco & oj, that's what started all this reality tv garbage! He should be in prison just for that alone. The 30 for 30 June 17 1994 is one the most entertaining documentaries I have ever seen.