February 11, 2009 4:13 PM
- Text
O.J. Due In Court
(CBS/AP)
"We intend to vigorously represent Mr. Simpson on all charges. We believe ultimately he will be found not guilty," says Yale Galanter, defense attorney for O.J. Simpson, who could face life in prison if convicted of armed robbery.
The former football star is due in court in Las Vegas for arraignment Wednesday, a day after prosecutors filed formal charges against Simpson and three other men in connection with the alleged Sept. 13th armed robbery of sports memorabilia collectors in a casino hotel room.
Simpson, who is being held without bail, was arrested Sunday after a collector reported a group of armed men charged into his hotel room and took several items Simpson claimed belonged to him.
CBS News correspondent Jennifer Miller reports Simpson's jailers describe him as cooperative and say that in addition to lawyers, he has been visited by the chaplain, who gave him reading glasses, a Bible, and a copy of the Christian evangelical book "The Purpose-Driven Life."
Simpson, however, might have other choices besides reading for how he spends his time this week. Simpson's attorney is seeking his release from jail and since Nevada law entitles most criminal defendants to be released on bail, it is possible that the judge may allow Simpson to post bail and go home.
CBS News legal analyst Andrew Cohen reports that under Nevada law, the crime of kidnapping is defined merely as confining someone against their will.
"Most people think kidnapping is when you take someone from Point A to Point B," Cohen says. "But in many states, including Nevada, kidnapping is more broadly defined to include confining someone against their will for a time, which is what the district attorney now alleging occurred during that so-called burglary."
The crimes Simpson and the other men are charged with will carry hefty sentences and therefore, will "put pressure on defendants who might be leaning toward turning on each other in exchange for a plea deal," Cohen says.
Once in the room, Simpson prevented one of the collectors from calling 911 on his cell phone "by ripping it out of Fromong's hand" while one or more accomplices pointed or displayed a handgun.
The complaint does not specify which of the men involved was carrying the weapon.
The kidnapping charge accuses the men of detaining each of the men "against his will, and without his consent, for the purpose of committing a robbery."
Fromong, a crucial witness in the case, is in critical condition in a Los Angeles hospital, after suffering a heart attack Monday, according to a spokeswoman at Cedars-Sinai Medical Center in Los Angeles. Beardsley has said he does not want to pursue the case.
"If it was anyone other than O.J. Simpson, he would have been released by now," Galanter said.
Simpson insists that he was not armed and that he went to the hotel simply to retrieve property that had been stolen from him.
"You can't rob something that is yours," Galanter said. "O.J. said, 'You've got stolen property. Either you return it or I call the police.'"
Witnesses and authorities have said that they don't believe Simpson had a gun but that some of the men who accompanied him during the confrontation were armed.
Two others named in the complaint, Walter Alexander and Clarence Stewart, have been arrested and released.
Authorities later arrested a fourth man, Michael McClinton, 49, of Las Vegas, a man police describe as "a key player" in the alleged theft.
The former football star is due in court in Las Vegas for arraignment Wednesday, a day after prosecutors filed formal charges against Simpson and three other men in connection with the alleged Sept. 13th armed robbery of sports memorabilia collectors in a casino hotel room.
Simpson, who is being held without bail, was arrested Sunday after a collector reported a group of armed men charged into his hotel room and took several items Simpson claimed belonged to him.
CBS News correspondent Jennifer Miller reports Simpson's jailers describe him as cooperative and say that in addition to lawyers, he has been visited by the chaplain, who gave him reading glasses, a Bible, and a copy of the Christian evangelical book "The Purpose-Driven Life."
Simpson, however, might have other choices besides reading for how he spends his time this week. Simpson's attorney is seeking his release from jail and since Nevada law entitles most criminal defendants to be released on bail, it is possible that the judge may allow Simpson to post bail and go home.
Simpson, 60, was booked on five felony counts, including suspicion of assault and robbery with a deadly weapon. District Attorney David Roger filed those charges and added five other felonies, including kidnapping and conspiracy to commit kidnapping, according to court documents.
CBS News legal analyst Andrew Cohen reports that under Nevada law, the crime of kidnapping is defined merely as confining someone against their will.
"Most people think kidnapping is when you take someone from Point A to Point B," Cohen says. "But in many states, including Nevada, kidnapping is more broadly defined to include confining someone against their will for a time, which is what the district attorney now alleging occurred during that so-called burglary."
The crimes Simpson and the other men are charged with will carry hefty sentences and therefore, will "put pressure on defendants who might be leaning toward turning on each other in exchange for a plea deal," Cohen says.
According to the charges, Simpson and the others went to the hotel room under the pretext of brokering a deal with Alfred Beardsley and Bruce Fromong, two longtime collectors of Simpson memorabilia.Photos: O.J. Busted In Vegas
Once in the room, Simpson prevented one of the collectors from calling 911 on his cell phone "by ripping it out of Fromong's hand" while one or more accomplices pointed or displayed a handgun.
The complaint does not specify which of the men involved was carrying the weapon.
The kidnapping charge accuses the men of detaining each of the men "against his will, and without his consent, for the purpose of committing a robbery."
Fromong, a crucial witness in the case, is in critical condition in a Los Angeles hospital, after suffering a heart attack Monday, according to a spokeswoman at Cedars-Sinai Medical Center in Los Angeles. Beardsley has said he does not want to pursue the case.
Simpson's lawyer, Yale Galanter, has said he plans to ask for Simpson's release on his own recognizance.
"If it was anyone other than O.J. Simpson, he would have been released by now," Galanter said.
Simpson insists that he was not armed and that he went to the hotel simply to retrieve property that had been stolen from him.
"You can't rob something that is yours," Galanter said. "O.J. said, 'You've got stolen property. Either you return it or I call the police.'"
Witnesses and authorities have said that they don't believe Simpson had a gun but that some of the men who accompanied him during the confrontation were armed.
Two others named in the complaint, Walter Alexander and Clarence Stewart, have been arrested and released.
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