In Session: Sidebar  « Back to Blog Main
September 26, 2008

Prosecutors in Simpson case to rest today

Posted: 09:46 AM ET

NEW YORK–Prosecutors are expected to rest their armed robbery and kidnapping case against O.J. Simpson and Clarence “C.J.” Stewart today after jurors hear alleged gunman Michael McClinton’s version of the events at the Palace Station hotel on September 13, 2007.

Alleged victim Alfred Beardsley undermines key prosecution evidence

Other witnesses have already testified that McClinton was waving a gun and shouting orders during the six-minute confrontation, when prosecutors say Simpson and five others stole items from two sports memorabilia dealers. Simpson, 61, has said he was there to recover property that belonged to him and has pleaded not guilty to all charges.

One of those memorabilia dealers, Alfred Beardsley who has known Simpson for more than 20 years, testified Thursday. On cross examination, defense attorney Yale Galanter got to the heart of the matter; “I do not want to be here,” stated Beardsley, “because I’ve known Mr. Simpson for a number of years and I found that he had been misinformed, lied to, confused, and I believed he was targeted…in order to make quite a bit of money.”

Beardsley, who is presently jailed in California on a domestic violence parole violation, believes that Thomas Riccio, who arranged the meeting over the items, is to blame for the events inside room 1203 and also says Riccio’s audio recording does not include all that happened that night.

As for being a named victim in the case, Beardsley stated, “I’ve been going round and round with that [prosecution] office for the past year trying to get my name off that complaint.”

Later, Clark County District Attorney David Roger played the 911 call during which Beardsley is heard saying “We were just robbed at gunpoint by O.J. Simpson,” and “I want him arrested.”

Earlier in the day, another former co-defendant of Simpson’s, Charles Cashmore, told jurors that he saw guns during the confrontation, but conceded that no one corrected Simpson afterwards when he told them he did not see any guns.

–Carolyn Purcell, In Session senior executive producer, with In Session staff

Filed under: Uncategorized


Share this on:
Kathy   September 26th, 2008 10:55 am ET

O.J. Simpson seems to be his own worst enemy.
While the judge and defense is trying to keep his "past" from
entering this trial-how is the jury supposed to make sense
as to O.J.'s motive for this robbery? I think the Prosecution
needs to bring forth info that sheds light on O.J.'s mindset
on Sept. 13, 2007. And if this means bringing in the past,

Kathy   September 26th, 2008 10:57 am ET

then so be it! – Kathy

Kim   September 26th, 2008 11:11 am ET

Thanks Lisa Bloom for repeating the testimony about the 911 call Beardsley made after the incident. When he answered the jury question about calling the police was for liability purposes but said in the call "send them immediately!" A litte questionable on the reason huh? Now we have a string of criminals testifying against Simpson that have been charged or convicted of.....dealing in stolen property, prison escape, stalking, physical abuse, pimping and other assortment of outright criminal behavior but they can't talk about O.J.'s 'past'. All in all each of the witnesses have one thing in common. They all agree that this was an attempted armed robbery and O.J. Simpson was involved. Guilty, case closed.

scott lewis   September 26th, 2008 11:27 am ET

Doesnt the may 17th 2007 tmz video of formong and beardsley trying to sell the o.j. items prove that these items were not stolen? Every one saying hurry,hurry in the hotel room proves it was a robbery ,if not why not just take your time and take only what you feel was stolen from you!

Kathie, Ontario. Canada   September 26th, 2008 11:35 am ET

The only witness who told it like it was regarding the DA and their
actions.
Why nothing in this article about the confrontation between Beardsly
and DA Roger? How Roger kept cutting off Beardsly when he was
testifying to his dealings with the DA. How Beardsly said he wouldn't
answer another question until he was able to finish his answer
from a previous question. The STUPID attempt of the DA to try
and say Beardsly was testifying the way he was because he
didn't want to be known as a jailhouse snitch. (the guy is getting
out in a week ). Beardsly priceless remark when asked do you
know what a snitch is and he replied ' yes tom riccio' . LOL
If you recall the prosecution's experts said there were two
deletions on the tapes that they found. I guess Beardsly may
be right to the fact of accusing Riccio having doctored the tape.
He said several things that were said in that room weren't on
the tape.

Fred   September 26th, 2008 11:43 am ET

Show more Bart!

Kimberly Moran   September 26th, 2008 11:49 am ET

If OJ is so broke, how is he affording such a prestigious defense team?

G. E. Smith   September 26th, 2008 12:35 pm ET

Not that I would believe much of what Riccio says without a tape to back it up but-in this instance I agree with him– Beardsley is a wacky nut job.

calvin g   September 26th, 2008 12:37 pm ET

I realy dont understand how Riccio got out off this if it wasnt brought to OJ's by Riccio that he knew were his stolen property was this would've happen.So am i being told if i plan a bank robbery an take a known criminal if we get caught i can get off scott free.I'll just tell him the money that was stole was deposited in that bank.THAT SOUNDS JUST AS STUPID AS THIS WHOLE CASE.

Steve Arlington, WA   September 26th, 2008 12:39 pm ET

Am I the only one who sees the judge pro prosecutors, and con defense team? She seems to have a bad attuide toward the defense lawyers. If I were on the jury, I would probably base some of my verdict upon the judges attitude. Why did the defense team not object to the photos used in the phone timeline, mug shots except Mr. Riccio. Steve, Arlington, WA

marianne   September 26th, 2008 12:51 pm ET

Beardsley, although the only one in jail, is the only credible witness so far as I have heard. And the funny thing is, he was a hostile witness at that. I believed him when he said OJ was set up by Riccio, when he said he didnt want to be known as a victim in this case for the last year, and when he testified about the tapes being altered. If you believe the tapes, then you have to believe what the cops said about getting OJ this time when they couldnt get him in Ca. If you dont believe the tapes then you have to discount all of the tapes and what was said on them. The other witnesses all have something to gain, and have gained it, with plea bargains. The other witnesses, the defense can bring up their pasts as it pertains to the credibility of their testimony. They are not on trial, Kim.

Amy   September 26th, 2008 1:03 pm ET

As for the recovered or stolen items, I am curious about how many people have autographed their "personal" photos and hanged them on their walls? Also, everyone knows about the Simpson/Goldman trial. Some believe he is innocent and others believe he is guilty. . The civil judgment is the motive. If it weren't, Mr. Simpson would have hired a lawyer and recovered his items the legal way.

Donna M   September 26th, 2008 1:22 pm ET

Once again, OJ alawys needs someone to get him out of what ever trouble he is in, first his first trial, the dream team, then he needs his "friends" to RETRIEVE his stuff that really don't belong to him, and now this new batch of lawyers that he has.
I can't believe how he uses people to get what he wants.

Kathie, Ontario. Canada   September 26th, 2008 1:23 pm ET

I've thought all along the judge is very pro prosection. She yells at
the defense in front of the jury all the time.
The prosecution IGNORES her rulings when she sustains the
defense's objections, but the prosecution goes right ahead and
does what they want and ignores the sustained objection.
She doesn't yell at them for ignoring her rulings.
She roles her eyes and belittles the defense, mocks what they
want to mark as evidence.
Example, when Grasso wanted to mark the room chart and
she said in front of the jury .. " ok Mr. Grasso , mark it if it
makes you feel better'.
DA Roger had made rude speaking objections and comments
to the defense... Example. calling it a robber, when objected
to he said he can call it an alleged robbery, I'm gonna call it
a robbery.. and that was his attitude after the defenses objection
was sustained .

Ed K   September 26th, 2008 1:27 pm ET

Kathie:
You said..."The only witness who told it like it was..." and from the article... District Attorney David Roger played the 911 call during which Beardsley is heard saying “We were just robbed at gunpoint by O.J. Simpson,” and “I want him arrested.”
Thanks for finally seeing clearly what happened.

Kathie, Ontario. Canada   September 26th, 2008 1:33 pm ET

I think when you are receiving a $400,000 a year pension you can
hardly be called broke.
Amy: Several famous people keep pictures of themselves with
other famous people hanging on their walls and had these
people sign them for them.. I've seen lots of shows with tours
of famous people's homes or offices where this stuff was on
the wall... One in particular that I remember was Debbie Reynolds.

Kathie, Ontario. Canada   September 26th, 2008 1:41 pm ET

Ed: He made that phone call and statement before he said he
realized that he , Fromong and Simpson had all been set up
by Riccio. He said he realised that when Riccio went running
out of the room after the so called robbers and came back with
some stuff of his they had inadvertently taken.. Beardsly was
already on the phone with the police at this time.
He also said he made that call for insurance purposes.
Did you also hear the PROSECUTION EXPERT say that there
were TWO deletions in the tape? You don't think that backs
up Beardsly saying not everying that was said in that room
was altered?
Hope this helps you see clearly what happened . :)

Margaret   September 26th, 2008 1:45 pm ET

Unfortunately OJ will not get a fair trial because people dislike him so much that they cannot see that he was set-up and he did not committ armed robbery. He never touched a gun or assaulted anyone. He just used his big loud mouth in anger and threats. He only wanted what belong to him. If you put some things in storage and gave a friend a key, then heard that those things were up for sale someplace, you would want to go find out who and where. All of the men that went to that room were adults and had no reason to take orders from OJ. People have to be responsible for their own actions, therefore, OJ should not be blamed for the action of the men who entered the room with him. The men who stole his property and the men who set this foolishness up should be at the defendant table.
Alexander is an out right con man and liar who is trying to make some money.

Ed K   September 26th, 2008 3:49 pm ET

Kathie: Fromong & Beardsley were set up by Riccio no question. Simpson could and should have gone there, demanded his "stuff" and left...BUT!!! when threats are shouted, a gun comes out and strong arm tactics are used, EVERYONE (OJ & company INCLUDING Riccio) involved with that part is guilty. Pretty simple. It's really not that complicated. Lawyers make it so.
I think they are ALL guilty. Do you think Simpson should not be held responsible for his part?

Kathie, Ontario. Canada   September 26th, 2008 3:50 pm ET

IF Riccio's true motives were to just help OJ get his stuff back,
especially those hundreds of family photos that were in his
mom's storage, which were most import to OJ to recover.
Why didn't RIccio let OJ know that Beardsley had told him a
week earlier that those most important items that OJ wanted
weren't going to be there?
He probably didn't tell him because if OJ couldn't get those
photos he might call the whole thing off , then all Riccio's
hard work of taping everything and setting this all up would
have gone to waste and he wouldn't have made any money.
I still don't understand why Riccio didn't get charged he instigagted
and set up the whole thing, rented the rooms, brought the alleged
victims to the rooms, kept them there. He should have been
charged and given the opportunity to plea deal like the rest.
They can't not have charged them because they wanted the taped,
a court order could have forced him to turn those over.
Selective prosecution .. you bet....!!!!!

Kathie, Ontario. Canada   September 26th, 2008 4:11 pm ET

Having listened to the preliminary testimony , I think McClinton and
Alexander took it upon themselves to bring guns. McClinton's
testimony was that he was going to bring a gun and Alexander
asked if he could have one too.
They had the guns, IF OJ did not ask or authorize that guns be
brought, I think he should be charged with the lesser charges
that the other people were allowed to plea bargain to .
Why should one gunman only get probation and the other only
1-6 years? McClinton was the hot shot in the room waiving a
gun around and calling all the shots. Nobody heard OJ say
take out your gun and look menacing like McClinton said he
did. Only the man with the gun in his hand trying to get the
best deal is saying he said that.
Can you say with a straight face that this case wasn't overcharged
because he is OJ? Listen to the bias of the police investigators
on that tape ... "now it's their turn to get him' plus many other
derogatory statements that were played today in court.
Do you really thing Fromong and Beardsley were kidnapped?
They were left alone in the room and could have left at anytime.
They didn't even say to the police that they thought they had been
kidnapped and held against their will .

G. E. Smith   September 26th, 2008 5:09 pm ET

Selective ignorance...you bet....!!!!!!!

william j   September 26th, 2008 5:36 pm ET

the criminal law system, is definately trapped in segregated times, for when a black defendant is aquitted of anything there seems to be an immediate response, that the jury got it wrong, but when white defendants get aquitted there is almost no outcry and no witch hunts, i.e, Phil Spector, Robert Blake, or any police officer defendant. If O.J. gets aquitted this time, he had better leave the country, because i worry that white america, will take justice in their own hands, this time!

marianne   September 26th, 2008 6:41 pm ET

Sorry Ed, but I ahve to agree with Kathie. I think in the beginning the judge was fairly ruling her court. Now I believe that she is losing her patience with the defense and showing it in front of the jury. The prosecution, to me, is getting away with saying and showing whatever they want, while the defense's hands are tied.

Now, the police, they sure are showing their true colors. Are they so stupid that they dont know that everything now a days is taped and/or video'd? That whole testimony should have been thrown out, it was altered, it was testified to that the chain of custody,ie, TMZ, and the snake Riccio, all their hands in it. It should never have been allowed in court. And if that was the case, Riccio would have been up there on charges also, or pled out like the rest of them.

This witness, Mcclinton, whatever his name is, this cat is pretty smooth. He not only wants to play the tough guy, but now he wants to promote a movie, ie, the video camera, that didnt work, and the tape recorder that they are trying to play. Cant wait for this one. LOL

marianne   September 26th, 2008 6:56 pm ET

Another thing I forgot to mention. Has anyone picked up on the testimonies of all or at least some of the people testifying about where they were located in the room the day of the event? They are all saying they were somewhere different then the other people are saying. OK, it was testified to by at least 2 maybe 3 of them that Mcclinton was over by the window with his gun out the whole time. Now he comes in and says he was next to Riccio the whole time, rubbing shoulders with O, next to the bathroom wall. Did anyone pick up on that? And did not Cashmore testify to riding in the car with Stewart and OJ to the Palace Hotel? This guy, Mcclinton, testified that it was only CJ and OJ in the car when they pulled up. Where was Cashmore and Ehrlich? He, Cashmore, said they were in the back seat on the way over there. He couldnt hear what OJ and CJ were talking about though. Now this guy said they were alone, and he got in the car with them when they pulled up? Did he sit on Cashmores lap? Did anyone pick up on that?

marianne   September 26th, 2008 7:00 pm ET

Can someone tell me the laws in Nevada, is it legal there to tape someone without their knowledge? I know in many states it is illegal to do that, I am curious if it is there. Maybe I should call Linda Tripp she knows all about that.

Mike   September 29th, 2008 7:28 pm ET

[Back to state index]

Nev. Rev. Stat. Ann. § 200.620: The Nevada wiretapping statute provides that it is a crime for anyone to "intercept" or disclose the contents of any wire communication, but that no illegal activity occurs when the interception is made "with the prior consent of one of the parties to the communication" and "an emergency situation exists."

In December 1998, the state's highest court stated in a 3-2 decision that the wiretapping statutes require that an individual obtain the consent of all parties before taping a telephone conversation, and thus, that an individual who tapes his own telephone calls without the consent of all participants unlawfully "intercepts" those calls. Lane v. Allstate Ins. Co., 969 P.2d 938 (Nev. 1998).

In addition, it is a criminal invasion of privacy to secretly listen to, record or disclose the contents of any private conversation "engaged in by other persons" through use of any mechanical or electronic device, "unless authorized to do so by one of the persons engaging in the conversation." Nev. Rev. Stat. Ann. § 200.650.

Nevada statutory provisions also make it a crime to disclose the existence or contents of any wire or radio communication without permission from the sender or receiver. Nev. Rev. Stat. Ann. § 200.630. Violations of the statutes can be punished as felonies and carry civil liability for actual damages, $100 per day of violation or $1,000 — whichever is greater. In civil cases, punitive damages, costs and attorney fees also can be recovered. Nev. Rev. Stat. Ann. § 200.690.

Published Winter 2003. © The Reporters Committee for

Joey   September 29th, 2008 7:32 pm ET

My 2 cents is that O.J. will walk. This case is a waste of taxpayers money. A bunch of crooks trying to get money by using and implicating O.J. And as far as the prosecution listen to the tape
that the idiot riccio left running as the cops were discussing about L.A. didn't get O.J. but they will. I'm not saying I'm an O.J. fan for his murder he commited but this is totally ridiculous. If it was someone else with this identical situation it would've made the local newspapers. Wake up all of you and get real.

jal   September 29th, 2008 11:00 pm ET

Am I the only one who sees the judge pro prosecutors, and con defense teams ask Steve.

No Steve, I see it to o. It's very obvious that she has no respect for the Defense team

jal   September 29th, 2008 11:07 pm ET

I find it amazing how McClinton and Alexander and the prosecutors makes a big deal that O.J. asked them to bring a gun. If O.J. asked them to jump off a bridge would they? I find that to be pathetic grown men acting like hoodlums and they have the nerve to get attitudes with the defense when they are caught with inconsistencies in their storyies

Jean Barrett   October 24th, 2008 9:48 am ET

Re: Billy Lee
I do not think that any chat line,whether it is online or phone, ever works out for relationships. You have to see what you are getting, whether it is a partner or a car. Also, when anyone comes off a bad relationship it never seems to work out. It seems to me that Billy Lee was looking for someone to make his life better when he could not do it himself. I think we would be able to get a better perspective from his first wife and women should be better schooled in the things that could happen from cyber space relationships.

Leave Your Comment


 

Comments are moderated by CNN, in accordance with the CNN Comment Policy, and may not appear on this blog until they have been reviewed and deemed appropriate for posting. Also, due to the volume of comments we receive, not all comments will be posted.


subscribe RSS Icon
About this blog

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.

Contact us
  • Questions or comments? E-mail
In Session Team
Jean Casarez
Correspondent
Jean Casarez
Beth Karas
Correspondent
Beth Karas
Mike Brooks
Law Enforcement Analyst
Mike Brooks
Midwin Charles
Legal Contributor
Midwin Charles
Sunny Hostin
Legal Contributor
Sunny Hostin
Powered by WordPress.com VIP