Prosecution rests in Simpson case
September 30, 2008 - 9:00 pm
Prosecutors rested their case Monday in the O.J. Simpson armed robbery trial, setting up the possibility of a verdict by week's end.
Defense lawyers for Simpson and co-defendant Clarence "C.J." Stewart are expected to finish their cases Wednesday, leaving Thursday for closing arguments and the start of jury deliberations.
The trial will not convene today in observance of Rosh Hashana, the Jewish new year.
The prosecution closed its case with Michael McClinton, 50, who wielded a .45-caliber semiautomatic handgun during the six-minute holdup of two sports memorabilia dealers in September 2007 at the Palace Station. Simpson and Stewart face armed robbery, kidnapping and other charges in connection with the incident.
McClinton, who pleaded guilty to robbery and conspiracy to commit robbery under a plea agreement with prosecutors, testified last week that Simpson asked him and former co-defendant Walter Alexander to bring guns to the hotel.
During cross-examination Monday, Simpson lawyer Gabriel Grasso asked McClinton why he didn't tell Las Vegas police about Simpson's request.
"It may have slipped my mind, but Mr. Simpson knew I had a gun," McClinton said.
In response, District Attorney David Roger pointed out a passage in McClinton's preliminary hearing testimony in which he said Simpson looked at McClinton's concealed weapons permit and immediately asked if he had his gun with him.
For most of the morning, Grasso picked apart a secret recording made by McClinton at a party hours after the hotel room confrontation. McClinton testified he and Alexander hoped to record Simpson and sell the tape to the celebrity tabloids.
Grasso also pointed out what he believed were inconsistencies between his interpretation of the recording and that on a transcript prepared by police.
McClinton acknowledged some of the inconsistencies but stuck to his memory of key moments, including a part in the tape where Simpson asks about McClinton's gun.
"He asked me if I pulled that piece in the hall, and I said, 'No, no, no, no, hell no,'" McClinton testified.
Grasso also questioned McClinton about aliases he might have used. McClinton said he didn't remember using several names mentioned, but he did admit to using the name Randall Spencer many years ago to obtain a Nevada driver's license because his license had been suspended.
In other testimony, McClinton's account about how he wielded his gun contradicted some witnesses who said he aimed it around the room.
McClinton said he held the gun to his chest for the entire confrontation.
"I never pointed that weapon at anybody," he said. "It was a big gun, so you didn't have to point it at anybody."
Simpson's defense opened its case with testimony from a Metropolitan Police Department patrol officer and robbery sergeant who interacted with Simpson after the incident.
Officer Chris Tucker said Simpson called auctioneer Thomas Riccio, who set up the bogus business deal, shortly after the incident and gave his cell phone number.
Sgt. Rod Hunt, who headed the team of detectives investigating the case, said Simpson was cooperative and cordial when he and three other detectives interviewed him at Simpson's room at the Palms.
The day's final witness was Alfred Beardsley, one of the memorabilia dealers who was robbed along with Bruce Fromong. Beardsley, who is in custody on a California parole violation, testified last week that he wanted to drop charges against Simpson.
Simpson's lawyers returned Beardsley to the stand to rebut what they thought were implications from the prosecution that Simpson tried to sway Beardsley's story.
Wearing a navy blue jailhouse uniform and with his hands shackled at his waist, Beardsley said he talked to Simpson in the days after the incident but denied Simpson tried to influence him.
Beardsley said he started granting media interviews the day after the incident because he believed Simpson was misled.
"Everything just smelled of a setup," Beardsley said.
Wednesday's testimony will begin with Simpson's best friend, Thomas Scotto. Simpson was in Las Vegas the week of the incident for Scotto's wedding.
Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281.
O.J. TRIAL: DAY 15 • Prosecutors wrapped up their case after two weeks of witnesses. Closing arguments could come Thursday. • Witness Michael McClinton acknowledged some inconsistencies between transcripts of a secret recording he made of O.J. Simpson after the Palace Station incident. But he remained firm on key details heard on the tape, including Simpson asking him if he pulled out his gun in the hallway.