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  • Updated
    13
    May
    2013
    8:39pm, EDT

    OJ Simpson in Las Vegas courtroom to ask for new trial

    An older and grayer O.J. Simpson was back in a Las Vegas courtroom to appeal his 2008 armed robbery conviction, claiming that he had such bad representation that he deserves a new trial. NBC News' Leanne Gregg reports.

    By Tracy Connor, Staff Writer, NBC News

    Wearing a blue prison jumpsuit, O.J. Simpson appeared Monday in a Las Vegas courtroom where he is trying to get his 2008 robbery conviction tossed on the grounds he did not have proper legal representation.

    The former football star — noticeably grayer and heavier than the last time he appeared in public — is serving 9 to 33 years after a jury found him guilty of orchestrating the gunpoint seizure of memorabilia he claimed was stolen from him.

    A previous appeal was rejected in 2010. In the latest bid for a new trial, Simpson is arguing that his ex-lawyer, Yale Galanter, gave him bad advice, knew about the attempt to reclaim the memorabilia in advance, and told him it was legal.

    Julie Jacobson/AP

    O.J. Simpson, right, sits in Clark County District Court on Monday with his attorney, Patricia Palm. Simpson, who is serving nine to 33 years as a result of his 2008 conviction on armed robbery and kidnapping charges, is seeking a new trial on grounds of ineffective counsel.

    Simpson — who did not take the stand during the explosive 1995 trial for the murder of his wife and her friend, which ended in his acquittal — is expected to testify midway through the five-day hearing. Galanter is also slated to take the stand.

    If he doesn't prevail at this proceeding, known as a writ of habeas corpus, Simpson, 65, must serve five more years in prison before he is eligible for parole.

    On the stand for the hearing, a friend of Simpson described Galanter as "somewhat dismissive" of any concerns his client voiced about the way the trial was going.

    “Mr. Simpson was ...somewhat intimidated by Mr. Galanter. He was dominated by him. He tended not to question what he told him,” said James Barnett, a Las Vegas businessman.

    “If Mr. Simpson would ask about some specific point in court, he would say, 'That’s not important' or 'Don’t worry about it.'”


    Follow @NBCNewsUS

    Barnett said he was told by Galanter's co-counsel, Gabriel Grasso, that Grasso had his 15-year-old son perform analysis of audiotapes that were a key piece of evidence in the trial because they couldn't afford to hire experts.

    The appeals team also questioned Dr. Norman Roitman, a psychiatrist who specializes in the effects of alcohol on perception.

    The lawyers asked Roitman whether someone who fit Simpson's physical description, who had been "drinking all day" and the night before and was sleep-deprived and stressed-out, might experience poor perception in a crowded hotel room where he expected to find personal items he had not seen for 15 years.

    Speaking hypothetically, Roitman said that person would.

    A lawyer for Simpson's co-defendant Clarence "C.J." Stewart testified Monday that prosecutors in the midst of the trial offered a plea deal -- a two- to five-year sentence for each defendant in return for guilty pleas. Prosecutors said they were presenting it to Simpson's lawyers but later said there was no deal, Bryson said. 

    Bryson said he didn't know if Simpson had ever been told about the deal. Simpson claims he was not. 

    Simpson's co-counsel in the 2008 trial, Las Vegas criminal defense attorney Grasso, testified that Galanter told him he would give Simpson the news of the plea deal and that day went off to talk to Simpson privately.

    When Galanter came back, he said, "We're not taking a deal," Grasso said. Grasso, however, admitted he never talked to Simpson about the guilty-plea offer and did not know what Galanter had told Simpson at that time.

    Grasso testified that Galanter made the key decision for the defense team. He said Grasso rarely even involved his co-counsel in discussions with Simpson.

    "Yale was O.J.’s lawyer. I was just the odd man out, the third wheel," Grasso said.

    Grasso said he wanted to file a motion to suppress the tapes from being entered into evidence at the trial because they made Simpson look bad, and because it could be argued the tapes were recorded secretly. Galanter, however, did not want to challenge the tape evidence, Grasso said.

    The defense also did not have the benefit of experts to challenge the tapes in  the courtroom because Galanter said there was no money to pay for them, Grasso said. 

    “In a case of this magnitude, we don’t have any help?" Grasso asked, noting the state had hired a jury consultant.

    Grasso also said he favored letting Simpson take the stand and told the former football player that, but Galanter rejected that notion, telling him "don't advise O.J."

    Grasso was expected to continue his testimony in the hearing on Tuesday.

    Jeff Black of NBC News and The Associated Press contributed to this report.

    This story was originally published on Mon May 13, 2013 12:27 PM EDT

    487 comments

    Hey, O.J.: It's called Karma.

    Show more
    Explore related topics: appeal, robbery, las-vegas, oj-simpson, updated, yale-galanter
  • 25
    Jan
    2013
    2:09pm, EST

    Casey Anthony case: Florida court throws out two of four charges

    AP file

    Casey Anthony smiles before the start of her sentencing hearing in Orlando, Fla., on July 7, 2011.

    By Vignesh Ramachandran, Staff Writer, NBC News

    A Florida appeals court Friday tossed two of the four charges against Casey Anthony that were centered around the Florida mother's alleged lies to authorities after her 2-year-old daughter disappeared.

    Anthony, 26, was acquitted of major charges in a highly publicized case in 2011, after spending three years in jail awaiting trial on a murder charge.

    Her daughter, Caylee Marie Anthony, disappeared in 2008, and months later, authorities found the 2-year-old's body in the woods near the Orlando-area Anthony family home. Though she was acquitted of the murder charge, Casey Anthony was convicted of four counts of lying to police. She was sentenced to time served.


    Previous story: Casey Anthony appealing convictions for lying

    The Fifth District Court of Appeal on Friday upheld two of the lying convictions, but concluded that two others should be set aside because of double jeopardy.


    Follow @NBCNewsUS

    Lawyers for Anthony had argued the four lies should only be considered one offense, the Orlando Sentinel reported. Double jeopardy means being convicted twice for a single crime, not permitted under the law. However, state prosecutors had argued that each of Anthony's false statements were separate offenses, so double jeopardy was not violated, according to the newspaper.

    "Where there is a sufficient temporal break between two alleged criminal acts so as to have allowed a defendant time to pause, reflect and form a new criminal intent, a separate criminal episode will have occurred," the judges said, according to the AP.

    Read Friday's entire opinion from the court

    In August, Anthony completed one year of probation at a secret location for a check fraud charge.

    From the archives, Aug. 2012: Casey Anthony off probation; lawyer fears for her safety

    182 comments

    Please let this skank go slither away and die, never to be heard from again.

    Show more
    Explore related topics: appeal, florida, orlando, casey-anthony

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