LAS VEGAS: The auction house owner who arranged a confrontation
between O. J. Simpson and two memorabilia dealers in a Las Vegas
hotel room in September said today that Mr. Simpson might not
have known two of the men with him brought guns to the incident.
The question is pivotal to whether Mr. Simpson conspired to
commit armed robbery when he and five acquaintances burst into
a room on Sept. 13 and departed with $100,000 in memorabilia
from the football careers of Mr. Simpson and Joe Montana as
well as the baseball career of Pete Rose.
A judge is hearing testimony this week to determine whether
Mr. Simpson and two co-defendants should be tried on 12 charges
including armed robbery and kidnapping in the incident. The
three other men with Mr. Simpson have accepted plea bargains
in exchange for testimony against Mr. Simpson and two of them
have said they carried guns.
"It was real chance he didn't he know" about the guns, said
the auction house owner, Thomas Riccio, who rented the room
at the Palace Station where the incident occurred. "Do I know
1000 percent? I know that's what he said. He was standing several
feet in front of the guns."
Mr. Riccio testified today that a memorabilia dealer, Alfred
Beardsley, approached him on behalf of another dealer, Bruce
L. Fromong, in early summer to see if Mr. Riccio's auction house
might help him sell some Simpson items, including trophies,
plaques and family photos. Mr. Riccio said he disliked and was
suspicious of Mr. Beardsley and informed Mr. Simpson of Mr.
Beardsley's claims, prompting Mr. Simpson to say those items
were stolen and to ask Mr. Riccio to help him get them back.
Mr. Riccio said he told Mr. Beardsley he had an interested
buyer who wanted to meet in the hotel room to see the items,
but it was Mr. Simpson and his group en route.
Mr. Riccio also said that Mr. Beardsley admitted several times
that the items were stolen in advance and after the raid. "He
came right out and said these items were stolen from O.J.'s
trophy room, no doubt about it," Mr. Riccio said of Mr. Beardsley.
But Mr. Fromong testified on Thursday that he rightfully owned
the Simpson items and had purchase receipts from another dealer,
Mike Gilbert, to prove that. Those receipts have not been entered
into evidence and it remains unclear how Mr. Gilbert came into
possession of the items. The defense argues that if the items
were originally stolen from Mr. Simpson, the incident cannot
be viewed as a robbery.
Today Mr. Simpson's lawyer, Yale Galanter, repeatedly questioned
Mr. Riccio on whether Mr. Fromong had ever said the Simpson
merchandise was stolen. Mr. Riccio acknowledged Mr. Beardsley
had said so in Mr. Fromong's presence before the Simpson group
arrived, but Mr. Riccio also said that Mr. Fromong was on the
phone at the time and may not have been listening.
Mr. Beardsley "was real up front about it from the beginning
to the end," Mr. Riccio said.
Mr. Galanter also asserted that because Mr. Fromong and Mr.
Beardsley are heard on a tape surreptitiously made by Mr. Riccio
as telling Mr. Simpson to take his items but not to take items
related to Mr. Montana and Mr. Rose, it was a reflection that
Mr. Fromong and Mr. Beardsley also regarded the Simpson items
as belonging to the former football star.
When the other men started taking other items, Mr. Fromong
and Mr. Beardsley objected, Mr. Riccio said.
The prosecutor, Chris Owens, later asked Mr. Riccio whether
Mr. Fromong and Mr. Beardsley had reason to be frightened of
Mr. Simpson and his allies. "I would say there was intimidation,
yes, but I didn't see a gun" until about a minute into the six-minute
encounter, Mr. Riccio said.
The final witness of the week was Charles Cashmore, one of
the five men who entered the room with Mr. Simpson. Mr. Cashmore
is one of the three men who have pleaded guilty to a charge
of felony accessory to robbery, which may result in a sentence
of probation, in exchange for testifying against Mr. Simpson
and the other two co-defendants.
Mr. Cashmore reiterated the version of events heard several
times before, that he and the group burst into the room and,
at Simpson's direction, took the memorabilia. He said he met
Mr. Simpson that same day through an acquaintance, Clarence
Stewart, who is one of Simpson's co-defendants.
The presence of guns at the incident came as a shock, Mr.
Cashmore testified.
Attorneys for Mr. Stewart and the third defendant, Charles
Ehrlich, complained today about Mr. Cashmore's appearance on
Fox News Channel with Greta Van Susteren on Thursday night.
Mr. Ehrlich's attorney, John Moran Jr., said the appearance
had violated the judge's order that witnesses not listen to
any of the other people's testimony or discuss testimony during
the hearing.
Justice Court Judge Joseph Bonaventure Jr. asked Mr. Cashmore
whether he had discussed anything of substance about the case
with Ms. Van Susteren and he insisted he had not, saying he
merely answered a couple of questions about how he was feeling.
"I do not find a violation of my order," Judge Bonaventure
concluded. Still, he said, "I am somewhat disturbed by this,
a witness in this case after being told not to watch at any
testimony going on television."
The hearing is adjourned until Tuesday morning, stretching
proceedings that were expected to last two days into at least
a third. Clark County Justice Court Chief Judge Douglas Smith,
who has been designated by the court to discuss the case, said
this is an unusually long preliminary hearing.
Thus far, only four of the expected eight prosecution witnesses
have been called. The defense is not planning to call witnesses.
District Attorney David Roger could have expedited the process
by going to a secret grand jury to get the charges bound over
for trial. In that case, the defense is not allowed to cross-examine
witnesses but the testimony cannot be used at trial. Since Mr.
Fromong had a heart attack days after the Sept. 13 incident,
Mr. Roger wanted to make sure his testimony was preserved in
case his health deteriorating.
"Also, the public is wanting this information and I suspect
the district attorney wants the public to know we're not just
making this up," Judge Smith said.