LAS VEGAS: O.J. Simpson will once again face a trial, this
time on a dozen charges stemming from a Sept 13 hotel-room confrontation
here that could send him to prison, possibly for life, if he
is convicted.
Judge Joe M. Bonaventure Jr. of Clark County Justice Court
ruled Wednesday that there was enough evidence to bind over
for trial the armed robbery and kidnapping cases against Mr.
Simpson, the former football star, whose murder trial in 1995
was one of the most-watched legal cases in American history.
"The ultimate determination of credibility of the witnesses
should be left to the jury," Judge Bonaventure said. "I cannot
make a determination that the credibility of the witnesses was
so incredible and so fantastical to dismiss the charges at this
time."
Mr. Simpson, who was acquitted of killing his ex-wife and
her friend in the 1995 trial, is accused of storming a hotel
room here with five acquaintances and departing with a trove
of memorabilia including a number of items related to his pro
football career.
Two men who accompanied Mr. Simpson, Charles Ehrlich and Clarence
Stewart, were also ordered to stand trial, and all three could
face up to life in prison if convicted of the kidnapping charge.
Three other men with Mr. Simpson made plea deals in October
and testified against the three defendants during the preliminary
hearing.
Mr. Simpson's lawyers took the judge's decision on a trial
in stride, saying that they had expected the ruling, but that
the lengthy hearing had been useful for the opportunity to cross-examine
prosecution witnesses.
"I have never been in a case where every witness has been
some financial incentive, every witness is made out to be a
liar," said one of Mr. Simpson's lawyers, Yale Galanter, who
vowed that Mr. Simpson would not accept a plea bargain. "The
only thing I regret is that we didn't have a jury seated right
now to hear the testimony we just heard," he said at a news
conference after the hearing.
Mr. Simpson agreed. "If I have any disappointment, it's that
I wish a jury was here," he told The Associated Press before
he left the courtroom. "As always, I rely on the jury system."
Mr. Robert Lucherini, a lawyer for Mr. Stewart, said he might
seek to get a his client tried separate from Mr. Simpson. But
when asked whether Mr. Simpson would be called to testify, he
replied: "After Mr. Simpson is acquitted and found not guilty,
ask me that question again"
Mr. Galanter asserted that Mr. Simpson's conduct on Sept.
13 was "completely, totally and 100 percent lawful." When asked
if that conduct was smart, Mr. Galanter grinned and repeated
"lawful."
Prosecutors declined to comment following the hearing.
John Moran Jr., who represents suspect Charles Ehrlich, did
not appear at the post-hearing news conference.
The three suspects are scheduled to enter their pleas on Nov.
28, with a trial likely in late 2008.
Mr. Simpson and the group of men entered a room at the Palace
Station Hotel-Casino on Sept. 13 and left with pillowcases and
boxes full of memorabilia that included a number of Simpson
items but also hundreds of pieces related to the sports careers
of the football great Joe Montana and the baseball stars Pete
Rose and Duke Snider.
Mr. Simpson has said he only wanted his own items, which he
said were stolen, and that he expected the collection found
in the room to also include personal family photos and other
heirlooms, although that turned out to not be the case.
The hearing before Judge Bonaventure has been a lengthy mini-trial
in which the prosecutors put eight witnesses on the stand to
prove they have enough evidence to go to trial. The final witness,
a California memorabilia dealer, Alfred Beardsley, finished
at midmorning after combative testimony that threw into question
some events that led to the Sept. 13 incident.
Mr. Beardsley, 46, denied earlier testimony that he instigated
the sale of the Simpson items on behalf of Bruce Fromong, a
North Las Vegas memorabilia dealer, through an auction house
owner, Thomas Riccio. Mr. Riccio told the court last week that
Mr. Beardsley approached him to try to help Mr. Fromong sell
the items, which included a number of trophies and footballs
once belonging to Mr. Simpson as well as some clothes he wore
at the 1995 trial on charges he murdered his ex-wife Nicole
Brown Simpson and her friend Ronald L. Goldman.
Mr. Riccio testified he told Mr. Fromong and Mr. Beardsley
that he had a wealthy buyer for the items to get them to set
up the items so Mr. Simpson could come and take them back. Mr.
Simpson insists the items were originally stolen from him and
he came to the meeting to retrieve his belongings. Mr. Riccio
is not a defendant.
Mr. Beardsley said of Mr. Riccio that he "is a man driven
by money and he wants to set Mr. Simpson up and myself.
Mr. Beardsley placed a 911 call after the incident telling
the dispatcher he had been robbed by Mr. Simpson at gunpoint.
He testified Wednesday that this was not exactly accurate because
Mr. Simpson himself did not carry a gun.
Mr. Beardsley, who is serving time in a California jail after
violating probation by being in Nevada during the Sept. 13 incident,
was brought to Las Vegas for the hearing. Defense attorneys
worked to discredit him based on that prior conviction on stalking
charges and by questioning his alleged history of hearing voices.
Mr. Beardsley denied having any psychological issues or taking
any psychotropic medication.
He also acknowledged he admires Mr. Simpson and didn't want
to testify against him, even exchanging smiles with the football
star when the prosecutor, David Roger, asked him to identify
Mr. Simpson in the courtroom.
Much of the four days of testimony centered around two major
questions: whether the memorabilia Mr. Fromong had was stolen
from Mr. Simpson and whether Mr. Simpson knew two companions
brought and brandished firearms during the raid.
"There has been no showing by the state that there was anything
other than the intent by Mr. Simpson to recover property that
he reasonably believed was his own property," Mr. Simpson's
lawyer, Gabriel Grasso, argued to the judge arguments for the
charges to be dismissed. Those arguments failed.
Yet Walter Alexander, a one-time Simpson golfing buddy who
carried a gun in the incident and testified against Mr. Simpson,
told the court on Tuesday that Mr. Simpson had instructed him
to have his gun out when they entered the room to meet Mr. Beardsley
and Mr. Fromong.
The other man with a gun, Michael McClinton, said on Tuesday
that Mr. Simpson asked to see his concealed weapon permit prior
to the incident. Mr. McClinton also took a plea deal to testify
against Mr. Simpson.
Other witnesses, including Mr. Riccio, said last week that
it was possible Mr. Simpson never knew about the guns.
On Wednesday, Mr. Beardsley conceded his recollections of
the incident could be unclear. When asked by Mr. Simpson's attorney
lawyer, Yale Galanter, whether his memory was unreliable, Mr.
Beardsley said, "Possibly, yes." He added that it could be because
"I'm tired and stressed from this entire situation."
On the question of who the rightful owner of the Simpson items
were, Mr. Beardsley testified that many of the items came into
the possession of others when someone named Neil bought the
contents of a storage unit that was auctioned off after Mr.
Simpson failed to pay the fees on it.
Following Mr. Beardsley, lawyers for Mr. Simpson, Mr. Ehrlich
and Mr. Stewart argued that the state's witnesses were not credible
and that the hotel incident did not meet the legal standards
for armed robbery or kidnapping.
Noting that the non-Simpson items taken in the incident include
some minor things, Mr. Ehrlich's lawyer, John Moran Jr. questioned
the entire premise of the indictments.
Mr. Moran bellowed: "Sunglasses? Hats? Cell phones? 12 counts
over that? What are we doing here?"
"It's a waste of the court's time," he continued. "Everybody
they got on that stand cut deals."