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Nov. 29, 2007
Copyright © Las Vegas Review-Journal

Simpson arraigned, pleads not guilty

Hunt for impartial jury expected to take time

By BRIAN HAYNES
REVIEW-JOURNAL
OJ Simpson
O.J. Simpson
News & info


WHAT'S NEXT?

Defense lawyers say they intend to challenge the sufficiency of the evidence and seek dismissal of the case. They also may seek to separate the trials. The judge set a schedule for pretrial motions to be filed in February, with a pretrial hearing March 7. O.J. Simpson, Clarence Stewart and Charles Ehrlich won't have to appear before trial, set for April 7.

THE ASSOCIATED PRESS


O.J. Simpson waits with his lawyer Gabriel Grasso before Simpson's arraignment Wednesday morning.
Photo by John Locher.



District Judge Jackie Glass listens during the arraignment of O.J. Simpson and two other defendants, who are charged with robbing two memorabilia dealers at Palace Station.
Photo by John Locher.

O.J. Simpson's next stay in Las Vegas could be a long one.

After the former football star pleaded not guilty to kidnapping, robbery and other charges Wednesday morning in a 10-minute hearing, one of his lawyers said he expected the upcoming trial to stretch as long as two months.

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    • Most of that time would be spent wading through a jury pool to find 12 impartial jurors, Yale Galanter said.

    "I assure you we will leave no stone unturned," Galanter said.

    Simpson, Charles Ehrlich and Clarence Stewart all pleaded not guilty Wednesday to the 12 charges each faces related to a Sept. 13 incident in a Palace Station hotel room. Prosecutors believe the trio took part in the armed robbery of two memorabilia dealers so Simpson could reclaim property he thought had been stolen from him.

    Simpson's lawyers have said the property was his and nobody used guns.

    The defendants could face up to life in prison if convicted on the kidnapping charges.

    District Judge Jackie Glass asked each defendant how far he went in school and if they understood English and the charges against them.

    Simpson was reserved throughout the hearing and answered questions with, "Yes, your honor."

    Before the proceeding, the NFL hall of famer had chatted with Ehrlich about the Thanksgiving holiday.

    The judge sped through the hearing, slowing only for one of Ehrlich's lawyers to object to the charges.

    John Moran Jr. promised to file a writ of habeas corpus to challenge the case, saying prosecutors used vague language in the criminal complaint and "chilled" his client's right against self-incrimination by placing his name on the witness list.

    The list includes Ehrlich, Stewart, and the three men who have pleaded guilty in the case in exchange for testimony against the co-defendants. Simpson's name wasn't on the list because of a clerical error but would be added.

    The witness list includes the parents of Ron Goldman, who was slain in 1994 with Simpson's ex-wife, Nicole Brown Simpson. It includes anyone who might have information about the case, but it doesn't mean they will testify.

    The judge noted Moran's objection and said a hearing on any legal challenges to the case would be heard within three weeks of the filing of a transcript of the preliminary hearing, which ended Nov. 14.

    Glass set an April 7 trial date, which was agreed upon by her and the lawyers before the hearing.

    Galanter predicted an "onerous and tedious" jury selection that would probably take longer than the trial. He remained confident in his defense, which during the preliminary hearing focused on attacking the credibility of the witnesses who said Simpson orchestrated the confrontation and asked for guns to be brought to the meeting.

    "We don't know what the crime was," Galanter said. "I don't know what my client did wrong."

    Galanter said Simpson would not have to appear at any court hearings until the trial.

    "Mr. Simpson is glad the arraignment is over with, and he's glad he doesn't have to come back to Vegas until April," Galanter said.

    Simpson's return will bring back the circus of reporters, publicity seekers and oddballs outside the Regional Justice Center.

    During Wednesday's hearing, the three-ring circus of two weeks ago had dwindled to one ring, with just a handful of satellite trucks and a few news vans parked in the courthouse parking lot.

    When Simpson left the courthouse, he was greeted by news cameras, a middle-aged woman in a Wonder Woman outfit, and a Michael Jackson impersonator wearing a baseball cap with the words "OJ 3 -- Final Chapter."

    Contact reporter Brian Haynes at bhaynes@reviewjournal.com or (702) 383-0281.

    QUESTIONS AND ANSWERS

    O.J. Simpson was in court again Wednesday, his latest appearance related to charges of kidnapping and robbing two sports memorabilia dealers Sept. 13 in a Las Vegas hotel room. Some questions and answers about the case:

    Q. WHAT IS THE PURPOSE OF THE LATEST COURT HEARING? WASN'T SIMPSON JUST IN COURT?

    A. O.J. Simpson and co-defendants Clarence Stewart and Charles Ehrlich were arraigned in Nevada state court on criminal charges stemming from allegations they held up two sports memorabilia dealers at gunpoint. They were asked to enter pleas, and Clark County District Court Judge Jackie Glass set a trial date of April 7, 2008. Their earlier preliminary hearing in Las Vegas Justice Court was held to decide if the case met a minimum threshold that a crime was committed and that the defendants were probably responsible.

    Q. WHAT CHARGES DO SIMPSON AND HIS CO-DEFENDANTS FACE? WHAT ARE THE POSSIBLE PENALTIES?

    A. Each man faces 11 felony charges, including kidnapping, armed robbery, assault with a deadly weapon, burglary, conspiracy and coercion. Each also faces one gross misdemeanor, conspiracy to commit a crime. A kidnapping conviction could bring a life sentence with the possibility of parole. A conviction for armed robbery carries a mandatory two to 15 year prison sentence plus a possible one to 15 years for use of a weapon.

    Q. WHAT IS THE STRONGEST EVIDENCE AGAINST SIMPSON?

    A. Key to the case is an audio recording made by Thomas Riccio, an auctioneer who arranged the meeting in the Las Vegas hotel room. Simpson is heard cursing and issuing instructions that no one is to leave the room. He also shouts that he wants his possessions back. What the digital recording proves will be disputed. The defense claims there is no mention of a gun being in the room. Simpson claims he never asked anyone to bring a gun and did not see any guns during the episode.

    Q. WHAT ARE THE CHANCES BOTH SIDES WILL SIT DOWN AND REACH A PLEA DEAL THE WAY PROSECUTORS HAVE DONE WITH THREE OF THE OTHER DEFENDANTS?

    A. A settlement could be reached at any time up to or even during trial. However, lawyers for Simpson and Stewart emerged from the arraignment saying they won't accept a deal. Clark County District Attorney David Roger won't comment about negotiations until a deal is reached. Some legal experts say now that the evidence against Simpson has been made public, the prosecutor may soften his stance. Others call it unlikely after a drawn-out preliminary hearing that the district attorney would offer Simpson less than the two felony charges to which one former co-defendant pleaded: robbery and conspiracy to commit robbery.

    Q. HOW MUCH IS ALL THIS COSTING?

    A. Even after closing streets and tightening security, court officials and Las Vegas police say taxpayers aren't footing a big bill. Court spokesman Michael Sommermeyer estimated the cost of stepped-up private security and uniformed officer overtime at $5,000, but said the court collected about $10,000 in parking fees from media outlets renting space in a courthouse parking lot for TV trucks. Any surplus will be used to defray the costs of future high-profile cases, including Simpson's trial, he said. Police say one event supervisor logged 22 overtime hours, but court officers handled street closures, and police were shifted from other posts to handle traffic control and uniformed security outside the courthouse at no additional cost.

    THE ASSOCIATED PRESS
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    Just Weird wrote on November 29, 2007 08:37 PM: Knock Knock! Who's There? OJ! OJ Who? Congratulations, you're on the jury!
    Ba-da Bing! Let's hope Jay Leno doesn't retire before the trial. I want to see the Dancing Judge Glasses.
    And it was good to see Michael Jackson turn out. Pariahs need support, too.
    But the sad part is that all of this really does detract from the hunt for the real killer.


    To Gerald: wrote on November 29, 2007 02:00 PM: uh oh.....are you upset that you were described to a "T"??


    John wrote on November 29, 2007 01:16 PM: Guess what a 2-month robbery trial indicates in Nevada ... expensive lawyers and elected judges.
    If OJ wasn't famous, this would be a 3-5 day trial.


    S/W/F wrote on November 29, 2007 09:22 AM: I heard the audio tape- the guy that claims he was robbed said over and over "I was just robbed at gunpoint by O.J.Simpson!" He said it as if it was completely rehearsed and setup to get O.J. arrested and get publicity or drama for the "victims". Im not an O.J. fan (at all), but, the whole thing sounded phoney.


    Answer wrote on November 29, 2007 09:06 AM: Judge B. is a justice court judge. After he's bound over (probable cause found), the case, because it's a felony, gets kicked up to a district court judge. And yes, Glass was randomly assigned to the case.


    Gerald wrote on November 29, 2007 07:38 AM: "tree hanger" or "spear chucker"...you're an ignorant coward that hides behind a keyboard. The fact is that there is a special place in hell for clowns like you.


    postin wrote on November 29, 2007 07:32 AM: ??


    question wrote on November 29, 2007 07:31 AM: Why was Judge Glass overseeing this today instead of Judge Bonoventure? originally Judge Gates was suppose to be residing then they said it was by judge lotto no.(#) and Bonoventure was on it so why was Glass there today?


    OJ wrote on November 29, 2007 06:39 AM: Hey look, all I've got to do is find one "tree hanger" or "spear chucker" that supports me. It'll be a hung jury and we can do it again. After a few tries, Rogers will be so tired of this case, he will drop all the charges. Once again I will go scott free and I will then be able to look for the killers of Nicole and Ron.


    Sid wrote on November 29, 2007 03:05 AM: Yes, it will take at least 2 month's to find another 12 people that are "PARTIAL TO OJ" and not impartial.