LAS VEGAS — The basic facts of a September 2007
hotel room confrontation here are not in dispute, so opening arguments
on Monday in the criminal trial of O. J. Simpson boiled down to
the prosecution and the defense debating whether Mr. Simpson aimed
to steal valuable sports memorabilia or to recover personal keepsakes.
A Clark County assistant district attorney, Christopher Owens,
and one of Mr. Simpson’s lawyers, Yale Galanter, pointed to
different excerpts from hours of audio recordings made by various
participants in the hotel room encounter to support their claims,
making it clear the jury would be asked to decide what the recordings
say about Mr. Simpson’s intent.
Mr. Simpson, 61, is charged with kidnapping and armed robbery.
The charges stem from a confrontation in which he and five men
raided a room in the Palace Station Hotel and Casino and left
with hundreds of items largely related to Mr. Simpson’s football
career. The material had been in the possession of two collectibles
dealers, Alfred Beardsley and Bruce L. Fromong.
The dealers have insisted that the items were theirs and that
they were expecting a meeting with a legitimate buyer when Mr.
Simpson’s group burst in.
Four of the five men reached plea agreements and are expected
to testify for the prosecution. The fifth, Clarence Stewart,
is being tried with Mr. Simpson. Mr. Stewart’s lawyer, Robert
Lucherini, used his opening statement to portray his client
as a friend of Mr. Simpson who was unwittingly swept up in a
legal and news media maelstrom and “just wants his life back.”
On one piece of the audio recordings Mr. Owens played, Mr.
Simpson is heard telling another collectibles dealer, Thomas
Riccio, a four-time convicted felon who set up the hotel room
confrontation: “So they’re going to meet tonight, I’m going
to show up with a bunch of boys and” and take back the items.
He added, “They can’t do nothing about it.”
Such moments, Mr. Owens told the jury, “will show the intent,
it will show the force, it will show the demands and it will
show the taking of property.” He also said, “It will show the
character of O. J. Simpson.”
Mr. Galanter countered that during the trial, expected to
take a month, jurors would hear audio excerpts that proved Mr.
Simpson thought it was appropriate for him and the men to behave
as they did because the items, including several of Mr. Simpson’s
championship game balls, had been stolen from him. Mr. Simpson
was unaware that two of the men with him carried guns and did
not see either of them brandish one, Mr. Galanter said.
“You hear him gather up these people and say, ‘Listen, I’m
going to need help carrying this all out,’ and there’s talk
of using a bellman,” Mr. Galanter said. “How many people commit
a robbery and use a bellman? Clearly these are not the actions
of someone who wants to commit a crime.”
Mr. Galanter noted that Mr. Beardsley, Mr. Fromong, Mr. Riccio
and the four men who pleaded guilty had all tried to sell interviews
or audio recordings of the events to the tabloid news media.
Their profiteering, the lawyer said, diminishes their credibility.
Hanging over the proceedings is Mr. Simpson’s much-publicized
acquittal on charges that he murdered his former wife, Nicole
Brown Simpson, and her friend Ronald Goldman in 1994. A civil
jury later found him liable for the deaths and ordered him to
pay $33.5 million to the families of the deceased.
That judgment, of which Mr. Simpson has paid little, is one
reason why the ownership of the items taken in the hotel raid
is in dispute. The prosecutor, Mr. Owens, said that if Mr. Simpson
had believed they belonged to him, he would have had to list
them on asset forms related to the civil judgment that were
filed in California in 2007. Mr. Galanter told the jury that
the items Mr. Simpson wanted from the dealers included family
photos that would not have been viewed as assets.
At one point, Mr. Galanter walked behind Mr. Simpson, placed
his hands on his client’s shoulders and told jurors: “You can
think whatever you want about his past. And you’ve all agreed
to ignore it. But what you’re going to see in this courtroom
is a case about recovering photographs, personal mementos.”