O.J. case ‘makeup’ for botched trial, LV observers say

Money motives. Ownership disputes. Credibility questions.

No matter what tactic O.J. Simpson's lawyers take in defending him on armed robbery and kidnapping charges, they'll have to deal with the baggage the former football star brings with him to the courtroom, veteran defense lawyers said.

"He's going to be tried for a crime he committed 13 years ago," said Las Vegas criminal defense attorney and former prosecutor Robert Langford, referring to the 1994 slayings of Nicole Brown Simpson and Ronald Goldman.

Simpson was acquitted in the double slaying, but many potential jurors believe he is guilty and would relish the chance to put him in prison for his role in the Sept. 13 hotel room raid at Palace Station, Langford said.

"You're going to have people who will say anything to get on this jury," said Langford, an attorney for suspended NFL player Adam "Pacman" Jones, charged in connection with a brawl at a Las Vegas strip club.

Lawyer Brent Bryson called the handling of Simpson's Las Vegas case a "travesty."

"This is supposed to be a trial for these new charges, and not about makeup calls for a botched prosecution in California," said Bryson, a longtime Las Vegas criminal defense attorney. "That's what this whole thing is about. It's a makeup call."

Both Langford and Bryson said this case would have ended weeks ago in a plea deal if it didn't involve O.J. Simpson. In similar cases, defendants might be allowed to plead to a gross misdemeanor and receive probation, Bryson said.

The NFL Hall of Famer and two others, Charles "C.J." Stewart and Charles Ehrlich, face much more. Prosecutors charged each with 12 criminal counts, including robbery with a deadly weapon and kidnapping, which carries a potential life sentence.

Authorities believe the trio and three other men stormed a Palace Station hotel room Sept. 13 and robbed two sports memorabilia dealers at gunpoint.

Simpson's lawyers contend he was trying to recover personal memorabilia that he thought was stolen from him a decade ago and didn't know guns were used.

During a four-day preliminary hearing that ended Wednesday, defense lawyers hinted at their potential trial strategies, including challenging the specific charges filed and questioning ownership of the memorabilia.

But the most obvious defense involved attacking the credibility of the witnesses. From Thomas Riccio, the auctioneer who planned the raid with Simpson, to the three co-defendants who took plea deals and testified against the others, defense lawyers grilled just about every witness who took the stand during the preliminary hearing.

Memorabilia dealer Bruce Fromong was questioned about profiting off the incident. Fellow dealer Alfred Beardsley was asked about hearing voices and spending time in a psychiatric ward. Gunman Walter Alexander was accused of being a pimp.

Simpson lawyer Yale Galanter called the case a "defense attorney's dream" and vowed the case would go to trial unless District Attorney David Roger dismissed it.

But, Bryson said, "I don't think it's ever a defense attorney's dream to go to trial, because it's a roll of the dice."

Even with the laundry list of witness credibility issues, Bryson said he would push for Simpson to take a plea deal and put the case behind him so the 60-year-old could enjoy his golden years instead of risking a lengthy prison sentence.

Another obstacle for the defense team is the jury pool, Langford said.

"Nevada's juries are tough juries," he said. "This isn't California. This isn't Florida. This is Nevada. We're a lot more common-sense oriented and a lot more likely to convict."

Langford and Bryson agreed a trial would take weeks, starting with a drawn-out jury selection, and cost the taxpayers thousands of dollars for court time and extra security inside and outside the courthouse.

If Simpson beats the charges and leaves Nevada a free man, it would be a tribute to his legal team, Bryson said, adding that Roger is a thorough and meticulous prosecutor.

"Dave Roger will not make the same mistakes the district attorney made in California," he said.

Contact reporter Brian Haynes at bhaynes @reviewjournal.com or (702) 383-0281.