O. J. Simpson robbery case

O. J. Simpson robbery case
Court Nevada District Court
Full case name State of Nevada v. Orenthal James Simpson, et al.
Decided October 3, 2008
Court membership
Judge(s) sitting Jackie Glass

The O. J. Simpson robbery case (officially State of Nevada v. Orenthal James Simpson, et al.) was a criminal case prosecuted in 2007–2008 in the U.S. state of Nevada, primarily involving the retired American football player, O. J. Simpson. On the night of September 13, 2007, a group of men led by Simpson entered a room in the Palace Station hotel in Las Vegas, Nevada. Bruce Fromong, a sports memorabilia dealer, testified that the group of men broke into his hotel room and stole various sports memorabilia at gunpoint.[1] Three days later, on September 16, 2007, Simpson was arrested for his involvement in the robbery and held without bail.[2] He admitted taking the items, which he said had been stolen from him, but denied breaking into the room. Simpson also denied the allegation that he or the people with him carried weapons.[3][4]

On October 3, 2008—exactly 13 years to the day after he was acquitted of the murders of his ex-wife, Nicole Brown, and Ronald Goldman—Simpson was found guilty of all ten charges. On December 5, 2008, Simpson was sentenced to 33 years in prison with eligibility for parole in nine years (in October 2017). He is currently incarcerated at the Lovelock Correctional Center in Lovelock, Nevada.[5]

Robbery

Palace Station, Las Vegas, where the robbery took place

Alfred Beardsley, a memorabilia dealer, contacted Tom Riccio, another memorabilia dealer, regarding a trove of O. J. Simpson items Beardsley had in Las Vegas. Riccio then informed Simpson of the items. Claiming that the memorabilia were stolen from him, Simpson, along with Riccio, devised a plan to confront the dealers and get them back. Simpson, who was already planning on going to Las Vegas for a wedding, recruited some wedding guests for the operation.[6] The robbery was planned at Palms Casino Resort.[7] Bruce Fromong, another memorabilia dealer and a friend of Simpson's, met with Beardsley and Riccio in room 1203 at the Palace Station, a room Riccio had rented. Beardsley had contacted Fromong about a client hoping to buy a large amount of O. J. Simpson memorabilia; Fromong was unaware the client was Simpson.[6][8] Riccio had Beardsley and Fromong move the items into the room and spread the memorabilia on the bed to create a display.[9] After a pre-wedding dinner, Simpson and five accomplices drove to the Palace Station, where they met Riccio in the lobby.[6][9] After some confusion over the room's location, Simpson's party entered the room at 7:38 PM.[6][7]

When the group entered the room, Simpson ordered his group to not allow anybody to leave the room.[9] Simpson and Beardsley proceeded to argue over where the memorabilia came from.[6] During the confrontation, accomplice Michael McClinton threatened Fromong with a gun.[7] Simpson's group then stuffed O. J. Simpson memorabilia, along with autographed Pete Rose baseballs and Joe Montana lithographs, into pillowcases.[10][7] The party then returned to the Palms Casino Resort.[7] The confrontation lasted about six minutes.[11]

Involved parties

Simpson's attorneys

Yale Galanter was an attorney who had represented Simpson in Florida prior to this incident. According to Simpson, Galanter encouraged Simpson to retrieve his personal items. Galanter was with Simpson in Las Vegas prior to the robbery. The former star athlete said Galanter told him during a dinner discussion in Las Vegas, "you have the right to get your stuff", but cautioned he could not trespass on private property. Simpson said he told Galanter that if the suit he wore during his sensational 1990s murder trial was included among the memorabilia, he planned to burn it, and Galanter responded: "You're not going to burn it, you're going to bring it to me."[20] In his testimony, Simpson stated that he gave the property stolen in Las Vegas to Galanter.[21] Simpson testified that he paid Galanter $125,000 to make a video montage for the appeal, but no video montage was ever made.[22] Simpson's attempt to secure a new trial centered around his claim that Galanter was incompetent and had a conflict of interest [23] but this argument was rejected by the trial court and the state Supreme Court.[24]

Gabriel Grasso, Galanter’s former friend and co-counsel, said the lawyer complained during the case that he did not have money to hire investigators or an expert to analyze a critical audio recording from the night of the heist.[23]

Investigation and trial

Investigators initially named Simpson a suspect, but questioned him the next day and released him soon after. On September 15, one of the accomplices, Walter Alexander, was arrested and charged with two counts of robbery with a deadly weapon, one count of conspiracy to commit robbery with a deadly weapon, two counts of assault with a deadly weapon, and one count of burglary with a deadly weapon. Alexander was on his way to McCarran International Airport when he was approached by the police. Earlier in the day, two guns were recovered when the police executed a warrant at one of the men's homes.

On September 16, Simpson was arrested by Clark County, Nevada, authorities.[25] The celebrity gossip website TMZ.com published an audio recording of the incident which indicated Simpson and others shouted at the occupants of the room and demanded the return of various items.[26] On the audiotape, recorded by Thomas Riccio, Simpson is heard saying: "Don't let nobody out of this room. ... Motherfucker, you think you can steal my shit and sell it?"[27] An FBI expert witness claimed that the tapes had "over-recordings" and "might" have been altered.[14] Riccio reportedly said he tipped off Simpson to go to the hotel to look for his goods, and he reportedly said he deliberately planted the recording device to prove to Simpson that Beardsley and Fromong were fencing his stuff. Riccio considers Simpson a friend, and brought Simpson to the room and escorted him and the memorabilia out.[28]

On the day after the incident, in a 20-minute interview with the L.A. Times, Simpson brushed off the allegations saying, "I'm O. J. Simpson. How am I going to think that I'm going to rob somebody and get away with it? Besides, I thought what happens in Las Vegas stays in Las Vegas... You've got to understand, this ain't somebody going to steal somebody's drugs or something like that. This is somebody going to get his private [belongings] back. That's it. That's not robbery." [29]

In an interview, Walter Alexander said he thought the whole incident was a setup to get Simpson. He does not "understand what the big deal is", or why Riccio would set this whole operation up, tape it and then sell the tape to the media.[30] Alexander's ex-wife gave an interview to the New York Times in which she said many people carry tape recorders with them around Simpson to try and catch him slipping so they can profit from it. During police questioning, Alexander said Simpson asked for guns to be carried to look tough but that the guns would not be used. He also added that McClinton impersonated a police officer and acted too rough to the surprise of the others, including Simpson. He claims Simpson repeatedly told McClinton to "calm down, calm down."[31]

Simpson appeared in court on September 19, 2007. Represented by attorneys from Florida and Nevada, Simpson was granted a bail of $125,000. Presiding Justice of the Peace Joe M. Bonaventure, Jr., stated that Simpson was not allowed to have any contact with any of the co-defendants, and must surrender his passport. Simpson did not enter a plea.[32][33] Both Clarence Stewart and O. J. Simpson were charged with:

Simpson's order to not allow anybody to leave the room was the reason for the kidnapping charges.[34]

The trial began on September 8, 2008, in the court of Nevada District Court Judge Jackie Glass, before an all-white jury,[35] in stark contrast to Simpson's earlier murder trial.[36] On October 3, 2008, Simpson was found guilty of all charges. On October 10, 2008, Simpson's attorneys, Yale Galanter and Gabriel Grasso, PC, moved for new trial (trial de novo) on grounds of judicial errors (two jurors of the same race as Simpson were dismissed) and insufficient evidence. Clarence "C. J." Stewart's attorney, E. Brent Bryson, also petitioned for new trial, alleging Stewart should have been tried separately, and cited perceived misconduct by the jury foreman. Galanter and Stewart later appealed to the Nevada Supreme Court after Judge Glass denied their motions, and the defendants were found guilty. In October 2010, the Nevada Supreme Court affirmed Simpson's convictions, while Stewart's appeal was accepted.[37] Stewart was released in January 2011 after entering an Alford plea and being sentenced to 9 months house arrest and 3 years probation. Galanter motioned for a rehearing of the Simpson appeal in November 2010, which was denied by the Nevada Supreme Court in February 2011.

Simpson was sentenced on December 5, 2008. The judge ordered eight of the ten counts to run concurrently, with a maximum sentence of 33 years (until 2041) with parole possible after nine years in 2017 when Simpson becomes eligible at age 70. Simpson is incarcerated in the Lovelock Correctional Center.[38][39]

Audio tape

An audio tape recorded by Riccio, which was later sold to TMZ.com, was central to the trial and conviction. FBI audio examiner Kenneth Marr testified that he was not able to determine whether or not the files were altered. He said he found areas of over-recording on the device that he said "might" mean the audio files had been manipulated. Alfred Beardsley stated that he told District Attorney David Roger and another official that the audio had been doctored. “There’s a whole section (missing) … and I talked to you directly about that”.[14]

Motion for retrial

Simpson, represented by attorney Patricia Palm, filed a motion for retrial.[40] In May 2013, the motion was heard; the week-long hearing included testimony from witnesses and Simpson. Simpson was represented at the hearing by Palm, who was joined by attorneys Ozzie Fumo and Thomas Pitaro.[41] Simpson's main argument was ineffective assistance of counsel. Simpson alleged his counsel Yale Galanter did not tell him about alleged plea-bargain offers that would have resulted in substantially shorter sentences. Grasso testified that it was Galanter's decision not to have Simpson testify.[42]

On May 17, 2013, Yale Galanter testified. He stated that Simpson had confided to him that guns were brought to the hotel room, and admitted to Galanter that he messed up in doing that.[43] Galanter made this statement after he was reminded that Simpson had waived attorney-client privilege, enabling his former attorney to testify.[43] Galanter was photographed by the Associated Press laughing about Simpson's arguments on the witness stand.[43]

Galanter confirmed that the night before the robbery he was dining at a restaurant with Simpson and a group of people. Galanter testified that Simpson casually mentioned his intent to retrieve "his stuff," in what Simpson called a "sting." Galanter testified that he asked Simpson, "What are you doing?" and advised against it, telling Simpson "to call the police." Galanter testified: "Mr. Simpson never told me he was going to go to the Palace (Station) hotel with a bunch of thugs, kidnap people and take property by force. To insinuate I, as a lawyer and officer of the court, would have blessed it is insane."[44] Galanter did accept that Simpson's conviction was Galanter's responsibility.

In regard to plea offers, Galanter testified his practice is to always communicate plea offers to the client. He denied that Simpson did not know about plea offers. Galanter testified that during the trial he informed Simpson that prosecutors were offering a plea with 2–5 years of prison time. Simpson instructed Galanter to go back to the DA with a counter-offer of one year, which the DA immediately refused; the trial proceeded with no further offers or counters.[44]

Timeline

See also

References

  1. ↑ "O. J. part of 'military-style invasion' of hotel room, witness said". CNN. November 8, 2007. Retrieved May 20, 2010.
  2. ↑ "O. J. Simpson held without bail - Crime & courts". MSNBC. September 17, 2007. Retrieved June 4, 2010.
  3. ↑ "Police: Simpson cooperating in armed robbery probe". CNN. September 14, 2007. Archived from the original on September 16, 2007. Retrieved September 19, 2007.
  4. ↑ "O. J. Simpson a Suspect in Casino 'Armed Robbery'". FOX News. September 14, 2007. Retrieved September 19, 2007.
  5. ↑ "O. J. Simpson sentenced to at least nine years in prison". The Sports Network. December 5, 2008. Retrieved December 5, 2008.
  6. 1 2 3 4 5 Powers, Ashley. Glover, Scott. Bustillo, Miguel. Simpson's rogue collection. latimes.com. 22 September 2007. Retrieved 29 June 2016.
  7. 1 2 3 4 5 Edelman, Ezra (Director) (January 22, 2016). O.J.: Made in America (Motion picture). United States: ESPN Films.
  8. ↑ Herzog, Kenny. Bruce Fromong, the Man O. J. Was Convicted Of Robbing at Gunpoint, on That Crazy Night In Vegas. Vulture.com. 18 June 2016. Retrieved 29 June 2016.
  9. 1 2 3 Arseniuk, Melissa. O. J. Simpson jury tunes in to audio recordings of hotel run-in. Las Vegas Sun. 19 September 2008. Retrieved 30 June 2016.
  10. ↑ Grinberg, Emanuella. Guns, tapes key to 'bad sequel' O. J. Simpson trial. CNN. 15 September 2008. Retrieved 26 June 2016.
  11. 1 2 O. J. Simpson found guilty on all counts. Las Vegas Sun. 3 October 2008. Retrieved 27 June 2016.
  12. 1 2 3 4 5 6 Ashley Powers (December 10, 2008). "4 in Simpson case are given probation- The men who carried handguns into a meeting at a Las Vegas hotel avoid prison, as do two others.". Los Angeles Times. Associated Press. Retrieved August 26, 2011.
  13. ↑ Neal Colgrass (Dec 12, 2008). "The Felon Behind O. J.'s Bust Meet Thomas Riccio: Arsonist, prison escapee, stolen goods dealer". TSG. Retrieved Sep 18, 2007.
  14. 1 2 3 Melissa Arseniuk (Sep 25, 2008). "Witness: Recording of O. J. Simpson raid 'work of art'- Memorabilia dealer has issues with audio recording of events". Associated Press. Retrieved August 26, 2011.
  15. ↑ CNN Transcript. "Larry King Live Interview with Thomas Riccio". CNN. Retrieved 6 December 2013.
  16. ↑ Lieber, Stanley. "Stanley Lieber". Retrieved 17 March 2014.
  17. ↑ Ashley Powers (February 11, 2012). "Victim of O. J. Simpson Vegas robbery accused of shoplifting". Los Angeles Times. Associated Press. Retrieved August 26, 2011.
  18. ↑ AP (March 12, 2012). "OJ Simpson Robbery Victim Fined in Shoplifting Case". Associated Press. Retrieved August 26, 2011.
  19. ↑ Neal Colgrass (Dec 12, 2008). "OJ Bribed Witness to Alter Testimony: Investigator". Associated Press. Retrieved August 26, 2011.
  20. ↑ Timothy Pratt (May 15, 2013). "O. J. Simpson takes witness stand in bid for new robbery trial". Reuters. Associated Press. Retrieved August 26, 2011.
  21. ↑ thecount (May 15, 2013). "Youtube: OJ SIMPSON ON THE STAND 5.15.13 PT. 8". Associated Press. Retrieved August 26, 2011.
  22. ↑ thecount (May 15, 2013). "Youtube: OJ SIMPSON ON THE STAND 5.15.13 PT. 9". Associated Press. Retrieved August 26, 2011.
  23. 1 2 Stephen Rex Brown (May 14, 2013). "O. J. Simpson retrial centers around whether his lawyer Yale Galanter is incompetent". Daily News. New York. Associated Press. Retrieved August 26, 2011.
  24. ↑ http://www.inquisitr.com/2410896/oj-simpson-loses-appeal-for-a-retrial-again-texas-supreme-court-judges-uphold-lower-courts-decision-of-conviction/. Missing or empty |title= (help)
  25. ↑ Ryan Nakashima (September 17, 2007). "Apparent tape released of O. J. in Vegas". The Washington Post. Associated Press. Retrieved August 26, 2011.
  26. ↑ "O. J.'s Alleged Robbery – Caught on Tape!". TMZ.com. September 17, 2007. Retrieved September 19, 2007.
  27. 1 2 CNN.com, "Simpson could be charged 'in next few days'", September 17, 2007.
  28. ↑ Miguel Bustillo, Ashley Powers and Scott Glover (September 18, 2007). "Recording amplifies the drama". Los Angeles Times. Archived from the original on November 6, 2007. Retrieved August 26, 2011.
  29. ↑ Scott Glover (September 16, 2007). "O. J. on Las Vegas hotel incident: 'I've done nothing wrong'". Los Angeles Times. Archived from the original on August 18, 2007. Retrieved August 26, 2011.
  30. ↑ Ken Ritter. "New Charges Filed in O. J. Simpson Case". Associated Press. Archived from the original on October 26, 2007. Retrieved August 26, 2011.
  31. 1 2 "Simpson co-defendant: Guns were O. J.'s idea". Associated Press. Archived from the original on October 20, 2007. Retrieved December 15, 2015.
  32. ↑ "Judge sets $125K bail for O. J. Simpson". Houston Chronicle. September 19, 2007. Retrieved September 19, 2007.
  33. ↑ "Simpson's Bail Set at $125,000". Forbes. September 19, 2007. Archived from the original on October 12, 2007. Retrieved September 19, 2007.
  34. ↑ O. J. Simpson found guilty of all charges in Nevada. Associated Press. 4 October 2008. Retrieved 26 June 2016.
  35. ↑ All-white jury seated in OJ Simpson's Las Vegas trial - NY Daily News, September 11, 2008
  36. ↑ "O. J. Simpson's trial postponed until September". Reuters. March 9, 2008. Retrieved June 4, 2010.
  37. 1 2 Martinez, Michael (October 22, 2010). "O. J. Simpson loses appeal in Las Vegas armed robbery trial". CNN. Retrieved October 22, 2010.
  38. ↑ Friess, Steve (October 4, 2008). O. J. Simpson convicted of robbery and kidnapping International Herald Tribune.
  39. ↑ Powers, Ashley; Ryan, Harriet (December 6, 2008). "O. J. Simpson sentenced to lengthy prison term". Los Angeles Times. Retrieved June 4, 2010.
  40. ↑ New Effort to Free OJ from Nevada Prison, USA Today, May 15, 2012, Las Vegas AP
  41. ↑ Simpson Will Wait Two to Four Weeks in Effort to Gain Retrial, May 17, 2013, Las Vegas Review Journal, author: FRANCIS MCCABE and CARRI GEER THEVENOT; Convicted OJ Simpson Eager to Testify on Need for New Trial, May 14, 2013 Las Vegas Review Journal, authors: FRANCIS MCCABE and CARRI GEER THEVENOT
  42. ↑ LINDA DEUTSCH and KEN RITTER (May 14, 2013). "OJ Simpson Arrives In Shackles At Court Hearing". Huffington Post. Associated Press. Retrieved August 26, 2011.
  43. 1 2 3 AP (May 17, 2013). "Simpson's ex-lawyer Yale Galanter says O. J. knew about the guns". latimes.com. Los Angeles Times. Retrieved August 26, 2011.
  44. 1 2 Deutsch, Linda; Ritter, Ken (May 17, 2013). "Former OJ Attorney Gives Shocking Testimony". huffingtonpost.com. Huffington Post. Retrieved August 26, 2011.
  45. ↑ "Goldman goes after O. J. Simpson memorabilia". Houston Chronicle. September 18, 2007. Retrieved June 4, 2010.
  46. ↑ "Prosecutors charge O. J. Simpson and three others". CNN. September 18, 2007. Retrieved May 20, 2010.
  47. ↑ "Co-defendant to testify against Simpson". CNN. Archived from the original on October 15, 2007.
  48. ↑ O. J. Simpson returns to court. Los Angeles Times. Retrieved November 8, 2007. Archived December 24, 2007, at the Wayback Machine.
  49. ↑ "O. J. Simpson pleads not guilty to 12 felony charges". CNN. November 28, 2007. Archived from the original on November 30, 2007.
  50. ↑ Afp.google.com, 400 jurors could be screened for O. J. Simpson trial
  51. 1 2 "Timeline of major events in OJ Simpson cases", The Associated Press, 'International Herald Tribune, October 4, 2008.
  52. ↑
  53. ↑ "Judge keeps questionnaires secret - News". Lvrj.com. Retrieved June 4, 2010.
  54. ↑ From Paul Vercammen CNN Senior Producer (October 4, 2008). "edition.cnn.com, O. J. Simpson guilty of armed robbery, kidnapping". CNN. Retrieved June 4, 2010.
  55. ↑ afp.google.com, afp.google.com, O.J Simpson guilty in robbery, kidnap trial.
  56. ↑ online.wsj.com, Simpson Found Guilty in Robbery Case
  57. ↑ ukpress.google.com, OJ Simpson guilty of armed robbery.
  58. ↑ "cnn.com, O. J. Simpson's lawyers request another trial". CNN. October 10, 2008. Retrieved June 4, 2010.
  59. ↑ "O. J. Simpson denied a new trial". Fox News. November 7, 2008. Retrieved June 4, 2010.
  60. ↑ "Lawyer: OJ and Co-Defendant Face 18 Years". Kolotv.com. Retrieved June 4, 2010.
  61. ↑ Friess, Steve (December 6, 2008). "After Apologies, Simpson Is Sentenced to at Least 9 Years for Armed Robbery". The New York Times. Retrieved May 20, 2010.
  62. ↑ "cnn.com, O. J. Simpson appeals conviction". CNN. May 26, 2009. Retrieved June 4, 2010.
  63. ↑ "espn.go.com, Nevada Supreme Court Hears O. J. Simpson Appeal". ESPN. August 3, 2009. Retrieved June 4, 2010.
  64. ↑ "O. J. Simpson Due in Las Vegas Court on Monday". ABC News. Retrieved 12 May 2013.
  65. ↑ Schilken, Chuck (July 31, 2013). "OJ Simpson granted some parole but will remain behind bars for now". LA Times. Retrieved 31 July 2013.
  66. ↑ http://usnews.nbcnews.com/_news/2013/11/26/21632787-judge-rejects-oj-simpsons-bid-for-new-trial?lite
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