OJ hoping for new trial in return to Vegas court
- Article by: KEN RITTER
- Associated Press
- May 13, 2013 - 3:15 AM
LAS VEGAS - The last time O.J. Simpson was in a Las Vegas courtroom, he stood next to defense attorney Yale Galanter before being handcuffed and hauled off to prison for up to 33 years.
On Monday, the former football hero returns to Clark County District Court with a different set of lawyers hoping to convince a judge that Galanter shouldn't have been handling his armed robbery-kidnapping case — that the lawyer who was paid nearly $700,000 for Simpson's defense had a personal interest in preventing himself from being identified as a witness to the crimes and so misled Simpson that the former football star deserves a new trial.
"To me, the claims are solid. I don't know how the court can't grant relief," said Patricia Palm, the Simpson appeals lawyer who produced a 94-page petition dissecting Galanter's promises, payments and performance as Simpson's lawyer in the trial that ended with a jury finding Simpson and a co-defendant guilty of 12 felonies.
Galanter declined to comment ahead of his is scheduled testimony.
Of the 22 allegations of conflict-of-interest and ineffective counsel that Palm raised, Clark County District Court Judge Linda Marie Bell has agreed to hear 19.
The proceedings, technically neither a trial nor appeal, are expected to take all week before Bell decides whether Simpson deserves a new trial. It's not clear whether she'll rule immediately.
Some who've watched the Simpson saga say he might have a chance.
"I think there's a lot to this," said John Momot, a lawyer nearing 40 years of criminal defense in Las Vegas who played himself in the 1995 movie "Casino" and provided expert cable TV commentary during Simpson's monthlong trial in September 2008.
"I don't think O.J. Simpson could ever get a fair trial, period, based on his reputation from California," Momot said. "But based on these allegations, if you took Joe Jones from the street and put him in the same situation, I think it would be possible he'd get a new trial."
Ozzie Fumo, a veteran Las Vegas trial lawyer now representing Simpson, said it took two years of convincing by jailhouse lawyers at Nevada's Lovelock Correctional Center before Simpson broke with Galanter.
Simpson now says that Galanter not only knew ahead of time about his plan to retrieve what he thought were personal mementoes but met with Simpson in Las Vegas to discuss the plan the night before Simpson and five other men confronted two sports memorabilia dealers and a middleman in a cramped casino hotel room in September 2007.
Simpson maintains the plan was to take back what he expected would be family photos and personal belongings stolen from him after his 1995 "trial of the century" acquittal in the slayings of his wife and her friend in Los Angeles.
Galanter blessed the plan as within the law, as long as no one trespassed and no force was used, Simpson said.
During trial, Simpson contends Galanter "vigorously discouraged" him not to testify, and never told him that prosecutors were willing to let him plead guilty to charges that would have gotten him a minimum of two years in prison.
"He consistently told me the state could not prove its case because I acted within my rights in retaking my own property," Simpson said in a sworn statement outlining what he plans to say when he testifies this week.
Simpson's lawyers also say that while continuing to represent Simpson through oral arguments in a failed 2010 appeal to the Nevada Supreme Court, Galanter kept a lid on his own behind-the-scenes involvement. That nearly extinguished any chance Simpson had to claim ineffective representation in state or federal courts.
Simpson still says he had no idea two of the men with him brought guns to the hotel room. Palm and Fumo noted that the possibility of diminished perception wasn't raised at trial.
On Monday, Dr. Norman Roitman, a Las Vegas psychiatrist, is expected to testify that Simpson's perception of what took place in the Palace Station hotel room might have been hampered by football brain injuries and the effects of several vodka and cranberry juice cocktails he consumed before the confrontation.
H. Leon Simon, the chief deputy district attorney representing the state, is scheduled to call another psychiatrist later in the week for another opinion.
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