In Session: Sidebar
August 4, 2009
Posted: 11:58 AM ET

NEW YORK–Lots of things may have been unclear during the trial of O.J. Simpson and Clarence "C.J." Stewart last fall – who went where, who intended what, and how much alcohol was involved – but one blatantly obvious thing to all of us there was this; there was an awful lot of frustration in that courtroom.

O.J. Simpson

Defense attorneys were back in court Monday, to argue before a panel of Nevada State Supreme Court justices that the trial had been botched, and that their clients should be free on bond while appeals are pending.

Simpson was convicted of kidnapping and robbery in October of last year, after allegedly orchestrating a “sting” for long lost memorabilia in a low-end Las Vegas hotel room. Of his five companions during the incident, only Stewart remained at the defense table with the notorious former football great; the rest struck deals with the state, and testified. Stewart, too, was convicted on all counts.

Before the State Supreme Court Monday, Simpson’s long-time attorney, Yale Galanter called the trial a “sham.” He and Brent Bryson, representing Stewart, recalled the thunderous admonitions they drew from trial judge Jackie Glass as she tired of their arguments. (Glass’ “No, no, no, NO, NO – stop, stop, STOP, STOP!” remains a sound bite of epic proportions.)

Galanter irked Glass with shrieks about the prejudicial nature of Simpson’s past; hard to maneuver around in a case that centered on valuable property allegedly kept from the family of murder victim Ron Goldman. Bryson doggedly pushed the issue of severance, arguing his client should be granted a separate trial. Monday, Bryson suggested the list of hypothetical codefendants more prejudicial than the former football great was a short one; Hitler, Manson, and Satan among them.

The three-justice panel did not indicate when it will reach a decision on whether the pair will be set free – and for now, the 62-year-old Simpson and his former golfing buddy remained locked away at separate Nevada facilities.

When O.J. Simpson entered the courtroom for his sentencing last December, the toll on him was already obvious; weary and thin, he was the specter of the defendant we saw at trial – the man who, in spite of injuries and age, strode with vigor and perched himself on the courtroom bar in breaks to banter with anyone who had anything to say about football. Since that time, he has lost one steadfast supporter; his younger sister Carmelita Simpson-Durio passed away in April.

Stewart, now 55, appeared mostly stunned by the guilty verdicts against him, and told In Session he was ready to fight his way through the appellate courts tooth and nail.

When correspondent Jean Casarez and I met with him in the Las Vegas jail a few weeks after the verdict, the Louisiana expat mused on the food of his native state with a sparkle in his eyes. “I wish I could make my own breakfast,” he said. “This ain’t no place to be.”  It’s unlikely Stewart will get to tuck into a plate of Cajun treats any time soon, but for now, at least, a possibility. 

–Lena Jakobsson, In Session field producer

Filed under: In Session staff • O.J. Simpson


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December 1, 2008
Posted: 12:48 PM ET

LAS VEGAS, Nevada - It is not every day a journalist is able to sit face to face with someone facing life in prison, so when I received the opportunity to videotape an interview with O.J. Simpson's co-defendant C.J. Stewart at the the Clark County detention center, my producer and I hopped a flight from New York bound for Las Vegas.

In Session correspondent Jean Casarez with C.J. Stewart at Clark County detention center

Stewart has changed since the October conviction on 12 counts stemming from kidnapping to armed robbery and conspiracy. He now sports a small beard and his once black hair is now sprinkled with silver grey highlights. Stewart is facing life in prison stemming from events that happened the night of September 13, 2007, when Simpson and his group of men went to the Palace Station hotel in Las Vegas to retrieve memorabilia that once belonged to Simpson. Watch our exclusive interview with C.J. Stewart. 

Now, Stewart granted us that rare opportunity to hear from his viewpoint what happened that night and why he believes he has been wrongly convicted. Stewart told me he never knew about the guns that former co-defendants Michael McClinton and Walter Alexander had on them that night. He thinks it's a 50-50 chance that Simpson asked McClinton and Alexander to bring guns that night.

Stewart told me he remembers as they all were walking through the Palace Station's lobby, toward room 1203, someone asked Thomas Riccio if he thought the men waiting in the room had guns. Stewart says those words were still on his mind as he entered the small hotel room and believed he saw victim Bruce Fromong reach for a gun. That's why he said he initially walked towards Fromong in the room with plans to take the gun away. When I asked Stewart why he continued participating in the altercation when McClinton pulled out a gun, he told me he didn't see it, and if he had, he would have taken it away from McClinton.

Stewart said while in jail, he has tried to become a mentor to the young men he has met and now associates with on a daily basis. By request, Stewart has been moved to the jail's general population. Stewart seemed amazed as he described to me that many of these teens have been charged with murder. He told me he tries to instill in them the values of religion and respect to others, but foremostly respect of themselves.

Stewart will once again sit next to O.J. Simpson on Friday in the same courtroom they both were convicted in and knows he may be sentenced to life in prison by Judge Jackie Glass. Stewart displayed what appeared to be inner strength and conviction and has put his energy and passion toward mounting an appeal to the Nevada Supreme Court. He hopes for a new trial without Simpson as a co-defendant.

Stewart says if he had to be tried with Simpson again he would just walk himself right to the jail and not even wait for a jury verdict. Although Stewart didn't show any anger during our interview, he says now in retrospect, he believes he didn't have a chance being tried with Simpson. Stewart also told me if he gets that second trial, he's just waiting to get up and testify. "I want to be the first witness," he said.

Stay tuned to In Session, we'll be airing portions of this interview with C.J. Stewart throughout the day on Tuesday. On Friday, we'll bring you live coverage of the Simpson and Stewart sentencing.

-Jean Casarez, In Session correspondent

Filed under: Jean Casarez • O.J. Simpson


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November 7, 2008
Posted: 03:29 PM ET

LAS VEGAS–O.J. Simpson has been denied in his motion for a new trial.

I'm here in Las Vegas, where, in the first court proceeding since Simpson and co-defendant Clarence Stewart were convicted on 12 criminal counts, Judge Jackie Glass stated she had studied the motions for a new trial and denied them all.

As the hearing got underway, attorneys for both men complained to Glass that their clients were not allowed to wear suits to court, and were dressed in the blue uniforms of the Clark County Detention Center.

Simpson's attorneys based their motion for a new trial on seven main issues, including errors during jury selection, not allowing full cross-examination of witnesses and not allowing the defense to present their theory of the case through jury instructions.

Brent Bryson, attorney for Stewart, who also argued for a new trial for his client, based his motion on alleged juror misconduct.

I don't think anyone believed Judge Glass would reverse her rulings, but it is the first step in a post-conviction process that now goes forward with sentencing in December.

That is, unless Simpson's defense team is successful with a motion that raises, in more detail, the alleged juror misconduct issue. Simpson's defense attorney, Yale Galanter, says we will very shortly see a motion that will allege jury foreman Paul Connelly was less than truthful on his jury questionnaire, which the defense says amounted to jury misconduct.

In addition, defense attorney Brent Bryson stated in open court today that Connelly was terminated by his employer, Pepsi, for making racial statements. Galanter and Gabriel Grasso will ask Judge Glass for an evidentiary hearing on the issue.

If it is denied, don't be surprised if there is an emergency appeal on the matter to the Nevada Supreme Court. All of this is expected to be done before the sentencing of Simpson and Stewart, scheduled for December 5.

–Jean Casarez, In Session correspondent

Filed under: Jean Casarez • O.J. Simpson • Trials


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October 6, 2008
Posted: 01:32 PM ET

LAS VEGAS, Nevada–It’s hard to feel sorry for O.J. Simpson. After all, most Americans seem to think he killed two people 13 years ago. And despite all the passion the murder case induced, just as many seem not to care much about O.J. at all these days. There were no throngs of supporters to greet him at his armed robbery trial. No lines to get a seat in that courtroom. And frankly, no television audience to speak of either.

But folks who care about justice were paying attention all over again. The strange journey of O.J. Simpson from Heisman Trophy winner to Hollywood celebrity to three-time defendant and now convicted felon is heartbreaking. O.J. once represented the best of what we could be. To see him fall so far, guilty or not, is an American tragedy.

After the acquittal in the murder case, O.J. never did reclaim his status. He never got his life back. He remained a pariah. And while I believe in our system and don't like to question a jury verdict, only a fool could ignore the obvious here. And that’s payback. And that's the Last Word.

–Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word • O.J. Simpson


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Posted: 10:51 AM ET

NEW YORK - Seven members of the jury that convicted O.J. Simpson of kindapping, armed robbery and 10 other charges have explained how they reached their verdict.

During a press conference in the same Las Vegas courtroom where the trial was held, the jurors, who seemed to be a cohesive group, said they relied mostly on audio and video recordings made before, during and after the incident. "It would have been a weak case" without the tapes...everything was based on the recordings, juror Dora Pettit said.

The jury had a problem with the credibility of the former co-defendants who testified for the prosecution. "We honestly felt we could not rely on that witness testimony," said Michelle R. Lyons, another juror. "There was not one decision we made that was based only on witness testimony."

Responding to questions about whether the group disregarded Simpson's past, jury foreman Paul Connelly said the murder trial "never came up..I don't think it was on anybody's minds. For that, I can say I'm proud of the jury." Juror Teresa Owens also said it would be "preposterous" for anyone suggest that the makeup of the jury - 11 jurors were white - hurt the defense's case.

Meantime, O.J. Simpson is being isolated from other prisoners for his own safety in a 7-foot-by-14-foot cell at the Clark County Detention Center. He faces up to life in prison and will probably be transferred to a state prison when he's sentenced on December 5th.

Attorney Yale Galanter said he will pursue an appeal to reverse the conviction, based partly of the jury selection process. Galanter made reference to the elimination of all African-Americans from the jury and the fact jurors on the panel revealed that they believed that Simpson should have been convicted of murdering his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman, in the 1995 Los Angeles trial.

-Bob Regan, In Session senior executive producer

Filed under: Bob Regan • O.J. Simpson


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October 4, 2008
Posted: 10:24 PM ET

LAS VEGAS, Nevada–It was a typical Friday night here, except for one thing. I, along with other media, was sitting in the hallway at the Las Vegas Regional Justice Center waiting for the jury to return a verdict in the case of the State of Nevada vs. O.J. Simpson.

As last evening dragged on, we were told jurors didn’t want to go home, they wanted to continue deliberating. In fact, at one point, the court’s public information officer came out and said the jury was so intent on their deliberations, they had asked court personnel to leave them alone, that they didn’t need bailiffs to even periodically check on them to make sure they wanted to keep working.

Finally, close to 11:00 p.m., (nearly 2 a.m. ET) Brent Bryson, defense attorney for co-defendant Clarence Stewart, bounded out of the elevator on the 15th floor, saying there was a verdict. As attorneys continued to arrive and even more media assembled, everyone waited for the two defendants in this case to arrive at the courthouse.

Finally, a very serious Simpson and Stewart were met by their lawyers to take their place for the verdict, where so much was at stake. Before jurors entered the room, an emotional Simpson hugged his best friend, Tom Scotto, and gave an endearing look to his sister, Carmelita Durio.

I watched the jurors file into the courtroom and only one alternate juror looked the way of Simpson. As the verdict began to be read for co-defendant Stewart, I heard count 1…guilty, count 2…guilty…count 3…guilty. I knew then and there that if Stewart was being convicted of all these crimes, so would Simpson.

The courtroom was so silent, but from my vantage point I could hear the quiet sobs of Simpson’s sister as she clung to the family’s spokesperson and loyal companion, Scotto. Simpson had come to Las Vegas in September 2007 to be the best man at Scotto’s wedding.

–Jean Casarez, In Session correspondent

Filed under: Jean Casarez • O.J. Simpson • Trials


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October 3, 2008
Posted: 03:07 PM ET

NEW YORK - Today is the thirteenth anniversary of the verdict in the O.J. Simpson murder trial. That case lasted nearly a year and ended with Simpson’s acquittal on this day in 1995.

Just the numbers were mindboggling. 20 attorneys. 41: The number of times Mark Fuhrman used the n-word, 250 phone lines in the press room, and $9 million spent by the state. Oh, and 150 million viewers watched the verdict come down.

But in the end, it just didn't add up for the prosecution. And Simpson’s acquittal stirred emotions that split along racial lines. A lot has changed since that day. Simpson's Brentwood mansion was bought and demolished. The famous restaurant where the two victims, Ron Goldman and Nicole Brown Simpson met, went out of business. It's now a coffee shop. Johnnie Cochran has passed. And now his most famous client, O.J. Simpson, is on trial again.

But the more things change, the more they stay the same. The divide over how different people perceive justice is just as deep as ever. And that's the Last Word.

-Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word • O.J. Simpson


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Posted: 02:58 PM ET

LAS VEGAS, Nevada–Vegas! The possibilities are endless, of course, except for those of us covering the O.J. Simpson trial.

By late afternoon, we’re angling more for some quality REM sleep than that pulsating nightlife. Nevertheless, a couple of us braved the scene one night, and sat sipping our drinks on swank barstools somewhere on The Strip, chatting with the couple next to us about their wedding that afternoon – what else! An imposing, and familiar, figure appeared next to us. He ordered a Bud Light. The bartender gave him a Coors Light. I tapped his arm. There was a hug for me, a handshake for my colleague, a bit of chit-chat about the weekend, and there went The Juice, pulled away into the crowd for tourists’ photo ops – huge smile for all, and a huger right hand shaking theirs – while slowly making his escape into a back lounge.

The bride on the stool to my right leaned into me slightly; “May I ask how you know O.J. Simpson?” The way people interact with Simpson reminds me of watching Larry Birkhead in the lobby of our hotel in Nassau, Bahamas, during the custody battle for Birkhead's daughter with the late Anna Nicole Smith–trapped at the front desk posing for cell phone pictures–an awkward celeb status; notoriety-based and not quite deserved beyond involvement in unsavory circumstances.  And so, it's a free-for-all.

A few days ago, our assignment manager watched a middle-aged lady intently stare up at Simpson through her glasses in the courthouse elevator, until she exited on the second floor with a hexing “You reap what you sow!” Doors closing, Simpson let out a deep sigh, and the rest of the ride involved a lot of staring at ones feet, I am told.

Perhaps it’s fitting that this latest chapter of his public legal life is happening here in Las Vegas –shouldering its mantle as Sin City for good and ill, just like Simpson shoulders his. Whatever you think about the man; what an odd life it must be.

–Lena Jakobsson, In Session field producer

Filed under: In Session staff • O.J. Simpson • Producer's notebook


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Posted: 09:19 AM ET

NEW YORK - A jury of nine women and three men now hold the fate of O.J. Simpson in their hands as they begin their first day of jury deliberations Friday in the armed robbery and kidnapping trial.

O.J. Simpson departs courthouse after closing arguments

In closing arguments on Thursday, District Attorney David Roger was up first. He told jurors that Simpson was the leader of a conspiracy, "there was one person, and that was defendant Simpson. He is the person who put these crimes together. He is the one who recruited these individuals to help him commit the crimes."

Simpson's lawyer, Yale Galanter, followed, explaining to jurors that the prosecution failed to prove Simpson was guilty and said the case "has taken on a life of its own because of Mr. Simpson's involvement."

"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," Galanter said. "He has always been the target of this investigation, and nothing else mattered."

Galanter reminded the jury of a secret recording of police investigators in the hotel room after the incident. "They're making jokes. They're saying things like, 'We're gonna get him,"' he said.

Assistant District Attorney Chris Owens was the last attorney to address the jury. Owens raised the specter of Simpson’s murder trial when he argued that Simpson’s anger in the hotel room was rooted in his belief that his agent Mike Gilbert’s betrayed him by selling his personal items when he was supposed to be hiding them from the Goldmans.

The references to the Goldmans and the California civil judgment brought Simpson’s defense attorney Yale Galanter to his feet several times to object vehemently, when the State prevailed, he moved for a mistrial at the close of Owens’ summation. The motion was denied.

If convicted of kidnapping, Simpson faces five years to life in prison, or mandatory prison time if convicted of armed robbery.

Stay tuned to In Session as we await the verdict.

-Bob Regan, In Session senior executive producer, with In Session staff

Filed under: Bob Regan • O.J. Simpson


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October 2, 2008
Posted: 03:27 PM ET

NEW YORK – Just when you thought you'd seen all the colorful characters this case has to offer, enter Tom Scotto, arguably O.J. Simpson's best friend.

Simpson was best man at Scotto’s wedding. The whole reason these two defendants were in Las Vegas was for Tom's marriage to his wife Sabrina. And unlike so many of Simpson's other friends, Tom Scotto has stood by O.J. Simpson, through thick and thin, and even in the face of yet another criminal case.

So it's not surprising that Scotto took the stand to testify for the defense. What is surprising: The depths to which the prosecution was willing to sink to discredit him, first by suggesting, without foundation, that Scotto put out a hit on one of the state’s witnesses.

And just in case their pandering to stereotypes about Italian Americans didn't work, prosecutors then called back their lead detective to the stand who suggested that the Scotto’s had tampered with witnesses, which of course Tom Scotto has not.

Scotto was willing to endure all of this as Simpson’s sole defense witness. You never know who your friends really are until you need them most. And whatever you think of O.J. Simpson’s friends, there is no question that Tom Scotto is a friend, indeed. And that’s the Last Word.

-Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word • O.J. Simpson


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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
Ashleigh Banfield
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
Jami Floyd
Fred Graham
Senior Editor Fred Graham covers legal news in Washington, D.C.
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Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
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