O.J. Seeks New Trial After Conviction

Attorneys Cite Judicial Errors, Insufficient Evidence In Kidnapping, Robbery Case

(AP)  O.J. Simpson's lawyers cited judicial errors and insufficient evidence Friday in seeking a new trial after the former football star was convicted of kidnapping and robbing two sports memorabilia dealers at gunpoint in a casino hotel room.

"Simpson should be granted a new trial," Simpson attorney Gabriel Grasso wrote in a motion faulting Clark County District Court Judge Jackie Glass's decisions during jury selection, her limitations on cross-examination of witnesses during trial and her instructions to jurors before deliberations.

In a separate filing, a lawyer for co-defendant Clarence "C.J." Stewart alleged misconduct by the jury foreman, and said Stewart suffered from being tried with Simpson.

If the foreman, Paul Connelly, "believes that Mr. Simpson is a murderer, and that Mr. Stewart is associated with Mr. Simpson," Stewart lawyer Brent Bryson wrote, "that bias would spill over and affect Mr. Connelly's ability to be fair and impartial toward Mr. Stewart."

In documents filed with Glass, Grasso and Simpson lawyer Yale Galanter also protested that Glass refused to grant enough time to fully review transcripts and videotapes of the trial that led to guilty verdicts against Simpson and Stewart late Oct. 3.

"She didn't give us the time we need to do a full-fledged motion," said Galanter, who lost a bid to extend the seven-day deadline.

Galanter said he would file a more detailed appeal to the Nevada Supreme Court if Glass denies a new trial. The state high court is Nevada's only appellate court.

Prosecutors were expected to submit written opposition to the defense motions before an Oct. 30 hearing, according to court documents.

Simpson, 61, and Stewart, 54, are due for sentencing Dec. 5. The jury found them guilty of all 12 charges, including kidnapping, armed robbery and assault with a deadly weapon, in the Sept. 13, 2007, hotel room confrontation.

Both men are jailed in Las Vegas, pending sentencing. Each could each face five years to life in prison on each of their two kidnapping convictions, and a mandatory sentence of at least two years or up to 30 years on each of the two armed robbery convictions.

Simpson's motion for a new trial alleges Glass improperly allowed prosecutors to use preemptory challenges to remove two prospective black jurors before the final jury was seated.

Both Simpson and Stewart are black. The final jury of nine women and three men included one woman who identified herself as Hispanic, but no blacks.

"The removal of these panelists significantly impacted the racial diversity of the eventual jury," Simpson lawyer Gabriel Grasso wrote. He cited Batson v. Kentucky, a 1986 U.S. Supreme Court case, and alleged that Simpson's 14th Amendment rights to due process were violated.

Simpson's lawyers asserted there was insufficient evidence to support first-degree kidnapping convictions, and faulted questions used to cull the jury from a pool of 500 prospects.

Grasso alleged that Glass blocked them from instructing jurors that they could consider lesser charges of larceny or second-degree kidnapping against Simpson, or that Simpson believed when he confronted memorabilia dealers Bruce Fromong and Alfred Beardsley that he was retrieving items that belonged to him.

Grasso also claimed Glass allowed biased jurors to be seated after they were questioned about Simpson's acquittal in the 1994 slayings in Los Angeles of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

"Five of the final 12 jurors stated that they disagreed with the (Los Angeles) acquittal verdict," Grasso wrote. "However, defense counsel was prohibited from inquiring as to how they reached this opinion."

Glass sought during trial to limit references to Simpson's 1995 acquittal. But there were references to the California case, and to a 1997 civil court judgment holding Simpson liable for the slayings and ordering him to pay $33.5 million.

Stewart lawyers lost several requests to sever Stewart's trial from Simpson's. Bryson's documents referred to those decisions, but focused on alleged misconduct by the jury foreman.

Bryson pointed to answers on Connelly's jury questionnaire and to comments he said Connelly made during a post-verdict news conference.

"We all have opinions, some people think he (Simpson) should have been given life 13 years ago," Bryson quoted Connelly as saying. "That was my opinion, but I think that's reserved for the court to decide."

Connelly has said he was asked two different questions at the news conference and his answers were consistent with his responses on his jury questionnaire - that the courts had acquitted Simpson of murder and he agreed with that verdict.

Another lawyer for Stewart, Robert Lucherini, filed documents this week seeking to withdraw from the case, citing a "breakdown of attorney and client relationship."

Lucherini, who was being paid by the state to represent Stewart, did not immediately respond to messages seeking comment. An Oct. 21 hearing was scheduled on his request.

Bryson said he and lawyer Charles D. Jones of Monroe, La., would handle the remainder of Stewart's case.

[cheetah-man7]

Let him fry! He deserves nothing less!

[that-one-2009]

Mr. Galanter:
Allow me to say:
HA HA HA!!!

YOU LOST!!!!!

LOOOOO------------------SSSSSSSSSSSSSS
SSEEEEEEEEEEEEEEEEEEEEEEEERRRRRRRRRRRRRR
RRRRR!!!!!!!!!!!

You''''ve been protecting that scumbag murderer for years and years, making up asinine excuses for him over and over, and now his luck has finally run out!!!!! Finally, FINALLY, O.J., your never-ending cash cow, your sole claim to fame, your only reason for living, is going away, and FOR GOOD. Your little murderer buddy is now going to ROT in prison. ROT, like a bag of stinking fish-heads. Lets hope he gets thrown into G.P. with the rapists.

And, the only sad thing about today is, that you won''''t be joining him in his little prison cell.

Now, THAT would have been perfect.

Back you go to your law offices. Maybe you can fish around and find some other NEW scumbag, some other as*swipe that has gotten away with double-murder, so you can squirm back into the limelight.
Until then, you are history, a nobody, a LOSER.
p.s. give up the idea of the appeal. You know you''''re wasting your time. No judge is going to listen to you or your scumbag client. It''''s OVER.


--------------------------------------------------------------------------------

Posted by michaelt302 at 02:21 AM : Oct 11, 2008

Jesus, calm down man. get a grip. Breathe......

[airboatboy1]

Just sentence this thug and get it over with. If he gets a new trial he''ll be convicted again. Good riddance, OJ.

[ddaymichael]

Someday...perhaps a few years from now when it''s OJ''s turn in the barrel again...when his butt is really hurting, perhaps on a day when yet another of his legal aid generated appeals is denied, he''ll look back on the white Bronco chase and wish he''d pulled the trigger and ended his wretched existence when he had the chance to exit with at least the illusion of a little dignity and not as somebody%u2019s b!tch.

The planned calculated savage murder of his wife and the unplanned killing of the unfortunate Ron Goldman who just stumbled on the scene after being ordered to return her sunglasses, upsetting OJ%u2019s timetable was bad enough, but there is no punishment severe enough for this foul creature who would hold his daughter Sydney%u2019s hand at her mother%u2019s graveside, knowing that someday, she would suddenly realize that %u2018of course daddy killed Mommy.%u2019

Maybe there is a God after all%u2026but he (or she) has a real weird sense of humor.

Remember OJ%u2026

INJUSTICE IS RELATIVELY EASY TO BEAR%u2026WHAT STINGS IS JUSTICE!

[honestabe8]

i thought it was the jury''s job to determine whether the evidence was sufficient, not the defense attorney''s

[gunluvr]

OJ Simpson was a fool. If he did kill those people, he was a free man but to go and get sent up the river over some stupid *** that should''ve been resolved in a civil case is the height of stupidity. Ohh, Johnny Cochran "Where art thou"?

[gunluvr]

OJ Simpson was a fool. If he did kill those people, he was a free man but to go and get sent up the river over some stupid *** that should''ve been resolved in a civil case is the height of stupidity. Ohh, Johnny Cochran "Where art thou"?

[petro49l]

O.J. incurred brain damage while playing football. His Surgeon should scan his head for injury. A modified frontal lobotomy would repair and restore his sanity. The Judge would grant clemency if O.J. complies with the treatment and procedure.

[rocketjl]

Folks don''t really care about justice or right/wrong, they just want to force their opinions on society. On Simpson, I am neither hot nor cold. There are those that believe he killed his wife and though he was not convicted of that crime, he was found responsible for her death in a civil action. The Vegas thing was a setup from the get-go, that is pretty clear. If you want, just shoot the man, but please do not let people use the judicial system to accomplish their personal desires.

[specialty8]

How much money has this guy cost the tax payer over the years? His golf playing is over. Spend no more money on this crook.

[lesko35]

We are suppose to live in a land that allows due process of law. Everyone is pointing the finger at Mr. Simpson, but technically no one saw him kill his wife and her friend. He was acquitted of that charge 13 years ago. This is a totally separate case and he should be tried for "this case."

Furthermore, rather Mr. Simpson did or did not kill his wife and her friend he has been paying for it every since. Every where he went, he was thought of as a murderer. A lot of people wouldn''t have anything to do with him, (that includes most of the people in the entertainment and sports industry.)He was under the "unkind watch," of the media from all over the world. the He couldn''t work because he was basically blacklisted and his kids, who are innocent parties are suffering from their dad''s misfortune.

By no means do I feel sorry for him, I just think he should get a fair trial.

[mrjake7]

Evidence? They have him on the hotel camera and the audio in the room! Do they have to have a confession?

[renonv5]

We are suppose to live in a land that allows due process of law. Everyone is pointing the finger at Mr. Simpson, but technically no one saw him kill his wife and her friend. He was acquitted of that charge 13 years ago. This is a totally separate case and he should be tried for "this case."Posted by Lesko35

He has been tried for THIS CASE and he was found guilty. Yes, he was acquitted 13 years ago, but I still wonder why the high speed chase down the LA freeway if he was completely innocent? Also, there was absolutely no other suspects and it is still an unsolved double homicide. But for his shenanigans in Vegas, he will pay the price and to my mind does not deserve another trial paid for by the taxpayers of Nevada, of which I am one.

[maedean]

Put this piece of sheet in prison where he belongs and make sure bubba is his cell mate !!!! It is long over due.

[jennmarikp]

In my opinion, he is only fighting for a new trial because he was found guilty. He doesn''t have any issues with mistakes made in the murder trial because he was found innocent. Put him away for life! Only a moron who got away with murder would continue to break the law! He thinks he is untouchable . . . he proved it when he published his book!

[lesko35]

He has been tried for THIS CASE and he was found guilty. Yes, he was acquitted 13 years ago, but I still wonder why the high speed chase down the LA freeway if he was completely innocent? Also, there was absolutely no other suspects and it is still an unsolved double homicide. But for his shenanigans in Vegas, he will pay the price and to my mind does not deserve another trial paid for by the taxpayers of Nevada, of which I am one. Posted by renonv5

True, he was found guility, but is he possibly facing life in prison for the charges he is facing now or 13 years ago? In the minds of many Americans, "he got away with murder years ago and now he''s finally going to pay for it." If those murders had never happened, he would not be facing this. Why? His
"buddy" would never had secretly recorded it and sold it to the media and this matter would have more than likely been resolved in civil court or at max him given a couple of years or community service. Does he deserve a retrial, no. If he gets one, it probably will render the same verdict.

[sheba082]

Orenthal James Simpson''s monogram must stand for Obviously Just Stoopid. If I Did It? Oh he did it alright, he just put himself in jail where he belongs. If you can get away with murder (which he did) don''t thumb your nose at the system because it will, sooner or late come back to bite you. Call it Karma, better yet call it justice.

[wl7bzh]

This is a fine example of the Diana Ross/Britney Spears diva complex-The law don''t apply to me because Ima celebrity.

[babooph]

He may like prison -with his $ he eats at Mc Donalds-prison food may agree with him -not much golf though-[unless he was white collar at the country club prison].

[akpals]

So OJ is obviously a career criminal. He keeps proving that, but did it start with Nicole? Or is she just the first one he was suspected for? Did he leave a long trail of unsolved crimes before she died? What a piece of garbage he is.

[guadalcanal3]

O.J. doesn''t like Black women...He likes blonde "white" women...and he likes to abuse them and...kill them...He also likes to rob "white" men...So what is all this nonsense about giving a black man who commits crimes against white people...a black jury???...He has turned his back on black people and their misery while he golfs in ''white'' country clubs and shows off all his ''blonde'' white trophy women...He does not deserve a black jury....He needs to be judged by the people who he commits the crimes against...period.

[CraigBerkeley]

See Bigamists Among Us, Marin County Californian James K. Olson @ http://reno.broowaha.com/article.php?id=3481. Here California James K. Olson's bigamy fueled illegal trampling on a Nevada citizen's rights.

See what Gun Controller California and a lying California attorney, Gun Controller Steven T. Schoonover, and flip flopper James K. Olson did here to a Nevada citizen?s right to have a gun to protect herself after James K. Olson had broken into this Nevada citizen?s home! Gun Controllers Among Us, Marin County California Courts

Most liberal Gun Controller Marin County California has repeatedly thumbed their nose at the US Constitution, then imposed their illegal Gun Controller actions onto a Nevada citizen. What's next?

Lying California attorney, Steven T. Schoonover had the Nevada citizen served at 7:30 Thursday evening in Nevada for a 9 am the following Monday court in California and the California incompetent Gun Controller judge allowed that 1 day notice although illegal as have to be served more than 10 days before a hearing and furthermore it was to a Nevada citizen!

Three strikes you?re out lying California attorney, Gun Controller Steven T. Schoonover

http://reno.broowaha.com/article.php?id=3749
http://www.babelation.com/?q=node/1833
http://reno.broowaha.com/article.php?id=3630