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March 4, 2008
Posted: 04:15 PM ET

NEW YORK – O.J. Simpson’s lawyers go back to court on Friday, arguing pre-trial motions before the start of his kidnapping and robbery case, scheduled for trial on April 7 in Las Vegas, Nevada.

ALT TEXT

O.J. Simpson’s robbery trial begins April 7.

Most of the motions are no real surprise — seeking dismissal of the charges, separate trials for the defendants — and, according to most legal experts, are not likely to be granted.

But here’s one that might surprise you: The O.J. defense team wants the judge to prohibit the prosecution from mentioning anything about the Nicole Brown Simpson and Ron Goldman murder cases during this robbery trial.

Here’s the problem with that motion: Is there, really, any potential juror in Las Vegas who doesn’t know about that case? And won’t both sides, and the judge, be necessarily spending an extraordinary amount of time asking every possible juror what they know about the earlier case and what impact that knowledge might have on their ability to sit as a fair and impartial juror in the new case? The answers are: “No” and “Yes.”

So, why then is the defense seeking to keep any mention of the murder case out of the trial? Well, the answer has to do with the proverbial “elephant in the room.” Everybody knows it’s there but nobody wants to talk about it.

In this instance, that “elephant’ is the slayings of Nicole Simpson and Ron Goldman. The defense is worried that some juror, believing that O.J. Simpson got away with murder, may see this new case as a chance for a “pay back” verdict.

The prosecution, however, says the jurors need to hear at least about what they claim is O.J. Simpson’s continuing effort to frustrate any attempt to recover any of the $33 million judgment against him. This, says the prosecution, helps to explain O.J.’s actions and the armed robbery in the hotel room in Las Vegas.

So, will the “elephant” move to the front of the room when the trial starts? Stay tuned—we may know the answer to that question by Friday.

Jack Ford, In Session anchor

Filed under: Jack Ford • O.J. Simpson


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Phillip Larchevesque lar che vek   March 4th, 2008 7:04 pm ET

O.J. Simpson’s defense lawyers may as well submit a motion to have the prosecution prohibited from referring to O.J. as a defendant. Perhaps he could simply be referred to as “the elephant in the court room”.

Donald   March 4th, 2008 7:24 pm ET

I am a long time resident of Las Vegas.. We do not want this trial here. Move it to Florida, or even back to downtown L.A..

John   March 4th, 2008 8:29 pm ET

LET THE ELEPHANT OUT, NOW. I WISH I WAS ON THIS JURY….

Rain   March 6th, 2008 8:44 am ET

Unfortunately for Las Vegas, Donald, that’s where the crime was, that’s where the trial will be, unless a change of venue is approved. I’m wondering about the phrasing of the defense’s request… Have they asked to bar the PROSECUTION from bringing up the murders, or to bar ALL mention of the murders during the trial? I’d be surprised if they’re closing off one of their few defenses. (That’d be the, “the cops couldn’t nail our client for the murders, so they’re going to puff up the charges on THIS case to nail him” defense.) The judge may bar the elephant from the courtroom… but I rather doubt he’s going to allow just that elephant’s backside in.

kay   March 7th, 2008 11:08 am ET

Simpson can get a fair trial if he would only keep his comments to himself and stop talking so much. But, his ego is so big that is probably impossible.

Boogie   March 7th, 2008 6:55 pm ET

Can’t wait till this fall…………football…..elections…….but most of all O.J.

janet   March 11th, 2008 11:01 am ET

You know what they say about pay backs.

Sandra   March 11th, 2008 1:57 pm ET

Why would anyone waste a moment watching the murderer of the century go on trial again?? Watching his enormous ego during trial one was sickening, it will be even more so during trial two. He loves the publicity, even if it is all bad!! He is the single most arrogant, maniacal, overbearing, hot-headed, ex-football player on the planet. Thank goodness he is a has been!!

anthony a   September 10th, 2008 11:29 am ET

Well here we go again,cant wait ,i think they should change the venue 2 downtown LA so OJ can,t complain when the find him Guilty.As all Buddists know carma wiill make a full circle in your lifetime and bite u in the ……..

Gil   November 6th, 2008 1:07 pm ET

You know Lisa, as a believer in God and his word (Bible), I have to share w/you a Scripture in Genesis Chapter 2 where it states, God made man and woman to join together. Nowhere in the Bible does it state otherwise. God commands us to love everyone as he (God) is love, to forgive everyone as He forgive’s us. I have to say I’m against same sexes marrying b/c it’s not sanctioned by God. This ‘lifestyle is a “worldly”behavior which has nothing to do w/God as the Bible state’s in James4:4 that”friendship w/the world is hatred toward God.
I don’t like to think of how short life is and when we’re gone from this world as we know it, we will be in Gods presence for judgement, the same kind as in the courtroom you’re familiar with as Romans 14:11 state’s,”as surely as I live,”says the Lord’,every knee will bow before me and every tongue will confess to God.” I wish Gods blessings on all of us today and forever.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Anchor of the daily trial program Ashleigh Banfield:Open Court
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Jack Ford
A former prosecutor and anchor of the daily trial program Jack Ford: Courtside
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Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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Fred Graham
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Jean Casarez
Attorney Jean Casarez covers trials around the country
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Beth Karas
Former prosecutor Beth Karas covers trials around the country
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