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June 11, 2010 Attorneys for O.J. Simpson and Clarence Stewart ask for new trialPosted: 08:27 PM ET
Las Vegas, NV – Three justices of the Nevada Supreme Court peppered O.J. Simpson’s attorney with questions about Simpson’s 2008 Las Vegas robbery trial. Simpson and co-defendant Clarence Stewart are appealing their convictions for robbery, kidnapping and other charges related to a theft of sports memorabilia, much of which once belonged to Simpson. Simpson’s attorney Yale Galanter cited eight issues in the appeal heard Friday. The justices’ questions focused on jury selection, instructions to the jury at the end of the evidence, and trial judge Jackie Glass’s treatment of the attorneys throughout the trial. At one point, Glass’s bailiff actually stepped up behind Galanter with handcuffs as he made an argument, the attorney said. Simpson is seeking a new trial based on what he considers multiple errors. Judge Glass did not allow the attorneys additional time to question potential jurors thoroughly about their opinions regarding Simpson’s 1995 acquittal of the murders of his wife and her friend in California, said Galanter, and argued that at least one “stealth juror” was seated. That juror became the foreperson and led the panel through thirteen straight hours of deliberations on October 3, 2008. The justices questioned whether Judge Glass’s repeated chastising of the defense attorneys was done in front of the jurors. Most times, it was. Galanter told the justices: “Judge Glass was more interested in doing it quickly than doing it right.” The justices, who were able to watch video of the case submitted with the appellate briefs called Glass’s demeanor “rough,” and said the circuit judge used “maybe stronger language than the three of us would have used.” District Attorney David Roger responded that her conduct was not so prejudicial that it warrants reversal of the convictions, and that the circumstances of the high profile trial were demanding; “Judge Glass recognized early on that she had to take control of this case.” Simpson’s co-defendant, Clarence Stewart, also appealed his convictions. Attorney Brent Bryson was emotional as he argued that the trial court erred again and again in denying Stewart a separate trial. Bryson unsuccessfully appealed the severance issue to the same Supreme Court justices prior to trial. “Your trust in the trial court to do the right thing was misplaced,” he told the justices Friday. Bryson argued that the prejudicial spill-over effect of being tried with O.J. Simpson and their differences in trial strategy justifies a new and separate trial. District Attorney Roger argued that Stewart’s role in the caper was far more than “mere presence.” He listed numerous actions on Stewart’s part that demonstrates he was a part of the conspiracy: he was the first one in the hotel room, he pushed victim Bruce Fromong, and he carried items out of the hotel room. Stewart had in fact recruited others to help, and two of those men brought guns to the confrontation, Roger noted. The courtroom was packed with spectators but absent from the proceedings were the appellants. Simpson and Stewart are in prisons several hours north of Las Vegas. The Nevada Supreme Court will issue an opinion or an order, though there is no timetable for their decision. - In Session Correspondent Beth Karas and Field Producer Lena Jakobsson Filed under: Case Updates Trial tracker |
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