CNN TV
SCHEDULE ANCHORS & REPORTERS CONTACT US HLN


June 11, 2010

Attorneys for O.J. Simpson and Clarence Stewart ask for new trial

Posted: 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


Share this on:
Virginia Carlisle   June 11th, 2010 8:43 pm ET

I think OJ wanted to get his stuff back without the courts or the Goldmans being aware of it. That way it would not be part of the $33 million judgement against him for the Goldmans, like he lost his Heisemann Trophy towards payment of that judgement. That's why he didn't want to involve the police in recovering his stolen property.


LONDA   June 11th, 2010 10:06 pm ET

How long must we be subjected to this persons' face on the news?
OJ is GUILTY of much more than what this appeal is about. Let him stay in prison where he belongs and should have been confined years ago !


Paul   June 11th, 2010 11:33 pm ET

Gallanter is picking straws and Bryson is now chasing ambulances! They used the trial as an audition, focusing more on their arragance than their defense for their clients.


patti webb   June 12th, 2010 3:00 am ET

I am so tired of OJ hearing him looking at him u know the whole ball of wax that was. you can run him into the ground all u want but his mouth won't stop.I say since he adors himself and his trophys so much let's skin OJ and wrap him into a football then he can have all that glory wrapped into one ball. This man is mental to many hard hit's. He really needs to stay in jail for what he did. 'shouldn't he be broke by now?


lauratj   June 12th, 2010 7:38 am ET

I watched the original trial & as I recall Judge Glass had made public comments in the courtroom she was sening her son off to college on the east coast - I sometimes think she was preoccupied. I agree she had the right to take control but she was down-right dismissive & rude many times towards the defense. I doupt OJ or Clarence will receive a new trial - the decesion takes a couple of months,not enough proof. Galanter & Bryson make a good arguement though. We shall wait &see.


lotusjani   June 12th, 2010 11:26 am ET

I am not defending O.J., but yes, that judge was very horrible when came to the defense attorneys, she clearly was bias and grandstanding towards the D.A. She would not let the defense attorneys speak, she was rude, unfair and very favorable towards the State of Nevada. The cops too, she let them say whatever and overruled the defense objections. This was unfair from the get to.
But O.J. and codefendant probably will not get a chance with the Supreme Court, they have won the O.J. damnation champsionship in Nevada.


Jack Dering   June 13th, 2010 4:27 pm ET

I think the verdicts in this case were wrong, and that the judge was blatantly and obviously prejudiced against the defendants–as were some of the jurors.

At the same time, I wonder why O. J. Simpson didn't hire a local lawyer who had established a previous positive relationship with the judge and the district attorney.

I also thought the verdict in the murder trial was wrong, but "two wrongs don't make a right," as my mother would say.


Asia   June 14th, 2010 8:52 am ET

I'm sorry, but agree witht this. It was quite obvious that the judges judgement and conviction was based off his "murder trial." He was found not guilty of that, but she wanted to be the person whose name would be "attached" to his for ever. Come on she sentenced him the same day as the murder happened...to a lot of years for his own things...


dmoney   June 15th, 2010 11:16 am ET

This man was railroaded, this was a GOTCHA verdict and conviction, a revenge verdict.


Bianca Johnson   June 15th, 2010 5:00 pm ET

You have got to be joking!!!!! OJ is getting exactly what he deserved from 1995. If a US judge grants him a new trial he outta be fired. OJ should of taken his not guilty ruling and ran with it and hid like Osama Bin Laden but NO he chose to throw it all in our face for the past 15 years with his flambouyant ways and care free lifestyle.

I HOPE HE FRIES IN HELL!!!!!!!!!!!!!!!!!


Ross   June 17th, 2010 11:25 am ET

Wow... OJ's back again... If he can pay his legal bills & attorneys' why can't the Goldmans get thier money... The legal system is letting him get away with this ????? again. How long does he get to screw over the Goldmans, thier must be a way to find out how he pays these bills and is able to get to his money... Jurk is always a Jurk and he still is.
Please go a way OJ' we all tried of you & your attoneys using our legal system to screw with everyone that ever had contact with you!


Sylvia   June 18th, 2010 10:13 am ET

Let him rot in jail!!!!! No Pity for a killer.


"D"   June 24th, 2010 2:48 pm ET

O.J. Simpson was found innocent of the murder of his wife and her boyfriend. Why are we trying him for the same murder again.

He should not have been sentenced to 33 years in prison – - this was definitely a set-up and he should be set free now – - he's been in jail long enough for trying to get his personal items back.

How many times are you going to judge him – - let him go free – - this is terrible for his kids.


Karen L Reimer   July 27th, 2010 1:14 pm ET

This whole so called trial was a set up.


Karen L Reimer   July 27th, 2010 1:14 pm ET

This whole trial was a set up. It is soooo obvious.


cristine litkee   October 26th, 2010 11:39 am ET

let him rot in prison.


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

 This is your online home for In Session on truTV’s up-to-the minute, comprehensive coverage of legal issues, trials and news from America’s courtrooms.  Our anchors, analysts and producers are teaming up here to give you updates on the stories that matter to you.

Be sure to tune in to In Session on truTV from 9 a.m. – 3 p.m. ET.

On Twitter
Millionaire gets 16 years for DUI death… at home http://t.co/gwG63gdh John Goodman to be released from jail on $7M bond
Twitter icon HLNTV 6:30 am ET May 16, 2012 RETWEET
.
RT @drdrewhln: Jose Baez: I was Casey’s harshest critic - Take a look at this - http://t.co/9rVf6vbR #CaseyAnthony
Twitter icon HLNTV 6:05 am ET May 16, 2012 RETWEET
.
Deliberations in the #TammiSmith case has ended for the evening. They deliberated for 1-hour, 14 minutes, 53 seconds. They are set to...
Twitter icon InSession 7:33 pm ET May 15, 2012 RETWEET
.
@conniegail421 There are enough. Originally there were 9, but only 8 jurors can deliberate.
Twitter icon InSession 7:16 pm ET May 15, 2012 RETWEET
.
#TammiSmith: RT @bethkaras: The jury started to deliberate at 3:15 pm local time (6:15 pm ET). One of the four men was selected as the......
Twitter icon InSession 7:14 pm ET May 15, 2012 RETWEET
.
Contact us
Categories
Powered by WordPress.com VIP