Third Arrest In O.J. Simpson Case

As Ex-Football Great's Attorney Goes On The Offense, Angling For Release Without Bail

(CBS/AP)  Simpson, 60, is being held on felony charges including burglary, assault with a deadly weapon and robbery with use of a deadly weapon - charges which could be revised or dropped at Wednesday's hearing.

Simpson told The AP before his arrest that there was no gun involved and he was only retrieving items that had been stolen from him, including his Hall of Fame certificate and a photo of himself with former FBI chief J. Edgar Hoover.

"You can't rob something that is yours," says Galanter. "O.J. said, 'You've got stolen property. Either you return it or I call the police."'

Galanter acknowledges that the use of a gun would change the situation but he said Simpson was not armed.

"If, at some point, somebody else pulls out a firearm, it's still not a robbery for the person that wants his property back," says Galanter.

Loyola University Law Professor Laurie Levenson says the legal definitions would likely be disputed at a trial but she said the case seems to have been overblown.

"It seems like an awful lot of charges for what happened," says Levenson, who was one of the legal analysts covering the O.J. Simpson murder case more than a decade ago.

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Photos: Murders In Brentwood

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One bit of evidence confronting investigators and Simpson's defense lawyer is an audiotape released Monday by the celebrity news site TMZ.com, in which a man believed to be Simpson is heard shouting questions while other men yell orders to the people in the room.

The tape - purportedly of Simpson in the hotel room Thursday talking to the men he accused of stealing memorabilia from his football career - begins with the ex-NFL star demanding, "Don't let nobody out of here."

"Think you can steal my s-- and sell it?" says a voice identified as Simpson's.

The recording was made by Thomas Riccio, co-owner of the auction house Universal Rarities, according to TMZ. Simpson has said Riccio called him several weeks ago to tell him collectors were selling some of his items.

Riccio told TMZ he believed Simpson was planning to confront Alfred Beardsley, who was allegedly planning to auction off the memorabilia.

Riccio, according to "Entertainment Tonight" and "The Insider," received a voicemail message from Simpson in which Simpson says; "Hey man, Tom, it's O.J. What are they talking about a gun? … Ain't nobody have any gun, what does that... come from? I guess they feelin' guilty, so they try and make up something. Alright man, call me. Please."

Riccio's answer to that is not good news for Simpson.

"I did see a gun," Riccio told an "E.T." and "Insider" reporter, "and I told him that 'O.J., I saw a gun and I can't lie about nothing, you know, basically maybe you didn't see a gun.'"

Bruce Fromong, a collector who was in the hotel room on the night of the alleged crime, says he has known Simpson for a long time and was stunned to see the former football great come through the door.

"When he came in with the first two men, the second man already had his weapon drawn, which was a bit scary," Fromong told The Early Show co-anchor Julie Chen. "O.J. was the last person ... through the door. When he came through, you could see him. He stopped for a second. He wasn't expecting to see me there. I've known O.J. for a long time. He definitely wasn't expecting me and I definitely wasn't expecting O.J."

Simpson called Fromong on Saturday, and in a tape of that conversation obtained exclusively by CBS News, Simpson tells his side of the story.

"Any event some of a few of your things were mixed up in my stuff," Simpson said on the tape. "I told you asked me to give it back to you, so how do I get it back to you? So let me know where to -- where you want to meet up to get it because, you know, I don't want none of your stuff, only my stuff."

One of the challenges for prosecutors in the case will be determining who actually owns each of the pieces of sports memorabilia, including Joe Montana's shoes and Simpson's Hall of Fame certificate.

Ownership is going be disputed in yet another way by Fred Goldman, who is filing to have items owned by Simpson turned over to him, including any memorabilia seized by police and the gold watch and suit Simpson was wearing when acquitted of the murders of his wife, Nicole Brown Simpson, and Goldman's son, Ron Goldman.

Goldman is seeking ownership to satisfy the terms of a $33.5 million civil court judgment against Simpson, who lost a 1997 wrongful death lawsuit filed by the Goldman and Brown families.

"Assuming that this case is resolved one way or another, at the end of the case, the stuff will never go back to Mr. Simpson," says David Cook, an attorney for Fred Goldman. "He's going to walk out of Clark County empty-handed."

[Krazcarl]

Think he''ll rat like the other to cop a plea?

[Joe posey]

yep!! he sure wasnt treated fairly in his last trail!! he shouldva fried!!!

[dgshiner]

I hope this won''t be a long drawn thing again? As for O.J. he will never have a normal life again and I feel for the remainder of his family. As for him being treated fairly? When has white america ever treated a black man who has money fairly?

There is no such thing as Justice in America, for Blacks! It never exsisted in America!

[iceman_1960]

This is suspicious...

"A key witness and one of the alleged victims in the alleged robbery involving O.J. Simpson is in the hospital. Collectibles dealer Bruce Fromong suffered a heart attack."

Aren''t there certain drugs that induce heart attacks...????

[iceman_1960]

I like this CBS category, "People In Hot Water"

I hope they never have a story about me here...

[cmp271]

This is getting old already.

He sounds like early alzheimers with his behavior over his stuff. He can''t even speak with any intelligence. For a guy who thought he was white, until it served his purpose to be black, he has regressed to sounding like he lives in the hood again.

Someone wound this guy up, and got him to act stupid again. The memorobilia isn''t his anymore, if it can be sold the money goes to the Goldmans.

[cryonbrian]

Does anyone know who recorded this robbery and why they had a tape recorder going at that particular time?

[iceman_1960]

"Off Topic :
What Was That Game ? ? ?

BEIJING
Monday, September 17, 2007
Man Drops Dead After 3-Day Gaming Binge"
- Posted by lastdance2 at 08:19 AM : Sep 18, 2007

It had to be "Doom"

What else ?

[iceman_1960]

I hope OJ Simpson gets to keep that picture of himself with J. Edgar Hoover.

He can hang it on the wall of his cell.

That will make him very popular in prison, where old J. Edgar is something of an iconic figure.

[konabike]

Hope O.J. goes to prison that stupid scumbag!