O.J. Simpson guilty of armed robbery, kidnapping

O.J. Simpson appears during his trial.

4 October 2008
By LINDA DEUTSCH

LAS VEGAS - Thirteen years to the day after being acquitted of killing his wife and her friend in Los Angeles, O.J. Simpson was found guilty of robbing two sports-memorabilia dealers at gunpoint in a Las Vegas hotel room.

The 61-year-old former football star was convicted of all 12 counts late Friday after jurors deliberated for more than 13 hours. He released a heavy sigh as the charges were read and was immediately taken into custody.

Simpson, who went from American sports idol to celebrity-in-exile after his murder acquittal, could spend the rest of his life in prison.

His attorney said he would appeal.

Many people considered the four-week trial justice delayed. Simpson was cleared in 1995 of murdering his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman, in one of the most sensational trials of the 20th century, but was later found liable for the deaths in a civil case.

"I don't like to use the word payback," defense attorney Yale Galanter said. "I can tell you from the beginning my biggest concern ... was whether or not the jury would be able to separate their very strong feelings about Mr. Simpson and judge him fairly and honestly."

The Hall of Fame football star was convicted of kidnapping, armed robbery and 10 other charges for gathering up five men a year ago and storming into a room at a hotel-casino, where the group seized several game balls, plaques and photos. Prosecutors said two of the men with him were armed; one of them said Simpson asked him to bring a gun.

Simpson's co-defendant, Clarence "C.J." Stewart, 54, also was found guilty on all charges and taken into custody.

O.J. Simpson is handcuffed after a verdict of guilty on all counts was read following his trial at the Clark County Regional Justice Center in Las Vegas on Friday, 3 October 2008.

Simpson showed little emotion as officers handcuffed him and walked him out of the courtroom. His sister, Carmelita Durio, sobbed behind him in the arms of Simpson's friend, Tom Scotto, who said "I love you" as Simpson passed by. As spectators left the courtroom, Durio collapsed.

Jurors made no eye contact with the defendants as they entered the courtroom. They declined to answer questions after the verdict was read.

Galanter said his client had expected the outcome, and in a courthouse conversation with an Associated Press reporter on Thursday, Simpson had implied as much.

Simpson said he was "afraid that I won't get to go to my kids' college graduations after I managed to get them through college."

Galanter said it was not a happy day for anybody. "His only hope is the appellate process," he said.

Clark County spokesman Dan Kulin said prosecutors would not comment until the case was "completely resolved."

Judge Jackie Glass made no comment other than to thank the jury for its service and to deny motions for the defendants to be released on bail.

She refused to give the lawyers extended time to file a motion for new trial, which under Nevada law must be filed within seven days. The attorneys said they needed time to submit a voluminous record.

"I've sat through the trial," Glass said. "If you want a motion for new trial, send me something."

Stewart's attorney, Brent Bryson, also promised to appeal.

"If there was ever a case that should have been severed in the history of jurisprudence, it's this case," he said of unsuccessful attempts to separate Stewart's case from Simpson's because of the "spillover" effect.

From the beginning, Simpson and his lawyers argued the incident was not a robbery, but an attempt to reclaim mementos that had been stolen from him. He said he did not ask anyone to bring a weapon and did not see any guns.

The defense portrayed Simpson as a victim of shady characters who wanted to make a buck off his famous name, and police officers who saw his arrest as an opportunity to "get" him and avenge his acquittal.

Prosecutors said Simpson's ownership of the memorabilia was irrelevant; it was still a crime to try to take things by force.

"When they went into that room and forced the victims to the far side of the room, pulling out guns and yelling, `Don't let anybody out of here!' — six very large people detaining these two victims in the room with the intent to take property through force or violence from them — that's kidnapping," prosecutor David Roger said.

Kidnapping is punishable by five years to life in prison. Armed robbery carries a mandatory sentence of at least two years behind bars, and could bring as much as 30. Sentencing was set for Dec. 5.

Simpson, who now lives in Miami, did not testify but was heard on a recording of the confrontation screaming that the dealers had stolen his property. "Don't let nobody out of this room," he declared and told the other men to scoop up his items, which included a photo of Simpson with former FBI Director J. Edgar Hoover.

Four other men charged in the case struck plea bargains that saved them from potential prison sentences in return for their testimony. Some of them had criminal records or were otherwise compromised in some way. One, for example, was an alleged pimp who testified he had a revelation from God telling him to take a plea bargain.

Memorabilia dealer Thomas Riccio, who arranged and secretly recorded the hotel-room confrontation, said he netted $210,000 from the media for the tapes.

Similarly, minutes after the Sept. 13, 2007, incident, one of the alleged victims, sports-memorabilia dealer Alfred Beardsley, was calling news outlets, and the other, Bruce Fromong, spoke of getting "big money" from the case.

Simpson's past haunted the case. Las Vegas police officers were heard in the recordings chuckling over Simpson's misfortune and crowing that if Los Angeles couldn't "get" him, they would.

During jury selection, Simpson's lawyers expressed fears that people who believed he got away with murder might see this case as a chance to right a wrong.

As a result, an usually large pool of 500 potential jurors was called, and they were given a 26-page questionnaire. Half were almost instantly eliminated after expressing strong feelings that Simpson should have been convicted of murder.

The judge instructed the jurors to put aside Simpson's earlier case.

In closing arguments, Galanter acknowledged that what Simpson did to recover his memorabilia was not right. "But being stupid, and being frustrated is not being a criminal," he said.

He added: "This case has taken on a life of its own because of Mr. Simpson's involvement. You know that. I know that. Every cooperator, every person who had a gun, every person who had an ulterior motive, every person who signed a book deal, every person who got paid money, the police, the district attorney's office, is only interested in one thing: Mr. Simpson."



Commentary:

In 1995, while I did not glue myself to the television or news media on this case, I did equate myself with what evidence there was on the murders of Simpson's ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman and I will admit by the evidence, he did appear guilty; as to the many people I had the opportunity to speak too at the time, mostly at the hospital when my mother was in the process of dying from assassination by poison, they also agreed to Simpson‘s guilt for murder and the people I spoke with where diversified one of the good points of being in a hospital.

Nevertheless, while the previous case was brought in with this latest case, which I am not sure was ethical; it did make it interesting that Simpson was found guilty of this latest crime, apparently with little question this time to the fact.

The one question I have always pondered, is why Simpson actually would wish to murder his ex-wife and her friend, but I am also one of those people that will never understand anyone’s motive for murder, let alone robbery or kidnapping.

I have always been one of those people that believe in the sanctity of human life and to commit theft, is just not acceptable.

Finally, while I never knew Simpson during his sports career, I will never forget his portrayals in the inept Naked Gun movies; which looks like he is still hanging unto the bottom of the bus, riding off down the hill into the sunset and the only reason I ever even saw any of the Naked Gun movies, is my mother for some reason had liked them. Otherwise, these movies would probably have fallen to the wayside, like so many I have not cared to watch.