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O.J. Simpson appeal denied by Nevada Supreme Court
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Brent Bryson
Stewart attorney
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NEVADA SUPREME COURT RULINGS
C.J. Stewart conviction overturned for separate trial from O.J. Simpson
O.J. Simpson appeal denied
Clarence "C.J." Stewart conviction overturned
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O.J. Simpson
Serving nine- to 33-year prison sentence
LAS VEGAS REVIEW-JOURNAL
Updated: Oct. 23, 2010 | 8:44 a.m.
O.J. Simpson's stay in a Nevada prison will continue. The state's high court Friday rejected his appeal of his conviction for the September 2007 armed robbery of two sports memorabilia dealers at Palace Station.
But the state Supreme Court did overturn his co-defendant's conviction, finding that Clarence J. Stewart was not afforded a fair trial because of "the spill-over prejudice from Simpson's notoriety."
Clark County's top prosecutor indicated he is willing to negotiate with Stewart's defense team to resolve the case.
Simpson and Stewart are serving lengthy sentences given them by District Judge Jackie Glass following their October 2008 convictions.
It was a contrast in emotions for the two defense teams after the decisions were handed down by justices Michael Cherry, Mark Gibbons and Nancy Saitta.
Florida attorney Yale Galanter, representing Simpson, said he was "extremely disappointed," but the court's decision "was not unexpected."
Galanter said this was "the first in a long line of appeals," and that he will next appeal Simpson's case to the 9th U.S. Circuit Court of Appeals.
Galanter said Simpson was doing "OK" the last time he spoke to him.
"I'm sure he's going to be very upset" by the court's decision, Galanter said.
Meanwhile, Stewart's attorney, Brent Bryson, said he was ready to do back flips of joy.
"I am so happy for Mr. Stewart. Finally some judges with intelligence did the right thing. For him (Stewart) to have been tried next to O.J. Simpson, and not to have the opportunity to try his case on his own, would have gone down as one of the most severe travesties in the history of American jurisprudence," Bryson said.
Stewart, Simpson's golf buddy, got caught up in "some stuff" he didn't fully understand, Bryson said.
Bryson said he will try to get Stewart released on his own recognizance pending a new trial, and is ready to negotiate with Clark County District Attorney David Roger, who said he would be open to negotiations.
"Mr. Stewart was unwilling to plead guilty last time. I'm hopeful we will be able to resolve his case after his spending two years in prison," Roger said.
Roger said his office will continue to "vigorously oppose any appeal Mr. Simpson" puts forth.
"I'm ecstatic that the Nevada Supreme Court affirmed Mr. Simpson's conviction," he said.
Simpson, 63, is serving a nine- to 33-year prison sentence at Lovelock Correctional Center, a medium-security facility near Reno, according to the Nevada Department of Corrections.
Stewart, 56, who received a sentence of 7½ to 27 years, is serving his time at the Northern Nevada Correctional Center in Carson City.
Both men were convicted of kidnapping, armed robbery and other charges for what Simpson maintained was an attempt to recover family heirlooms on Sept. 13, 2007.
Galanter said future federal appeals made for Simpson would focus on issues rejected by the state Supreme Court, including dismissal of the only two black potential jurors in the final stages of jury selection. Galanter argued they were removed by prosecutors because of their race.
Simpson also appealed Glass' denial of a jury instruction regarding intent and the armed robbery charge. Simpson's lawyers argued that he was simply recovering what he thought was his own property when he went to the hotel room.
Galanter also argued that Simpson never should have been charged with kidnapping, because any holding of the victims in the hotel room happened during the robbery.
The court rejected the arguments as "without merit."
In overturning Stewart's conviction, the justices noted that he was tried with "one of the most notorious public figures in this country" in light of the former NFL star and actor's 1995 trial in the slayings of his ex-wife, Nicole Brown Simpson, and Ronald Goldman.
The justices said Simpson's notoriety was enough to remand the case back to district court for a new trial.
"A review of the trial transcripts reveals that from the jury questionnaires to closing arguments, the focus of the trial was Simpson," the court stated.
The court said so much attention was given to ownership of the memorabilia that it "dominated the proceedings -- so much so that Stewart's theory of ownership was never clear or at the forefront of the proceedings."
The key piece of evidence, audio recordings of the hotel room confrontation and meetings before and after, presented a clear conflict between Simpson's and Stewart's defense strategies.
Galanter did not oppose admission of the tapes and Bryson did, challenging the authenticity of the recordings.
The jury was allowed to hear the tapes, which was prejudicial to Stewart.
"The jury convicted both defendants on all the charges, despite the fact that the bulk of the testimony and evidence revolved around Simpson," the court stated.
The other co-defendants, Michael McClinton, Walter Alexander, Charles Cashmore and Charles Ehrlich, pleaded guilty to reduced charges and testified for the prosecution. They all received suspended prison sentences and probation for their roles in the armed robbery.
On the day of the robbery, Bruce Fromong brought his collection of sports memorabilia to the Palace Station for what he thought was a legitimate sales meeting. But the "buyer" turned out to be Simpson and five other men, who robbed Fromong and Alfred Beardsley at gunpoint.
Since the trial, the collection of Simpson's game footballs, signed photos and other items seized as evidence have been transferred to a California court to satisfy a $33.5 million civil judgment against Simpson, who was found liable in the 1995 deaths although he was acquitted of criminal charges.
Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.
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@Vegasdude2010 Go climb back under your rock! He got away with MURDER once!!!
@Donna.Coleman .. And for those of you who need more proof that David Roger doesn't know what he is doing.."Supreme Court did overturn his co-defendant's conviction, finding that Clarence J. Stewart was not afforded a fair trial." Any lay person could see that Stewart was getting the shaft there. If Roger couldn't see that the conviction would be overturned, he is incompetent, and a new trial will cost us, the taxpayers, more money. Maybe he realized, like the rest of us, that trying Stewart with Simpson was wrong and just did it anyway. Do we want an DA more interested in convictions than the truth? Considering the DA is charged with finding the truth in our many police shootings, I submit, Roger has proven himself utterly wrong for the job.
VegasDude2010 -- First off, the property was not his. Due the judgement in the civil case with the Goldman's all memorabilia was to be surrendered. I doubt O.J. was going to all the trouble to give the stuff to the Goldmans.
@VegasDude2010...Hilter didn't cause the deaths of 70,000,000 either, he never had a gun in his hand the entire time. Go figure!
Absolutely ridiculous that OJ is still in prison for trying to steal back his own property. He didn't even hold the gun or bring the gun. Total b.s.
I believe O.J.'s new prison name is, "Bunk Muffin"
In related news, the RJ's bloodsucking Righthaven LLC successfully sued and got possession of O.J.'s website URL, "slash, slash, backslash, escape."
For all you people who think David Roger is soft on crime ask O.J.
Dwayne, it was the use of the gun that put him away, even though he didn't have the gun
If the football memorabila was sent to California to sasitfy a civil debt, then its clear that it was O.J.'s property as evidenced by the court of Nevada's action to turn the property over to California. How can a person be found guilty of stealing, when it's your property you are going after and the person who has it does not have a receipt that you sold it to them?