LAS VEGAS — Almost everyone involved in what prosecutors
contend was a hotel room robbery and kidnapping by the football
Hall of Famer O. J. Simpson is a former convict. Almost everyone,
that is, except the star defendant. That alone may be the biggest
hurdle Mr. Simpson faces when his trial opens Monday in Clark
County District Court.
In what was the most-watched murder trial in a generation,
a jury in Los Angeles acquitted Mr. Simpson in the 1994 slayings
of his former wife, Nicole Brown Simpson, and her friend Ronald
Goldman.
If Mr. Simpson’s 1995 trial riveted the nation, the verdict
seemed to divide it, often along racial lines. And in the last
13 years, it has often seemed that Mr. Simpson was indeed convicted,
in the court of public opinion.
Many people “think this guy got away with something heinous
and horrible,” said a former federal prosecutor, Jean Rosenbluth.
“And they think he only gets one get-out-of-jail free card.”
Now Mr. Simpson, 61, stands accused of kidnapping and armed
robbery stemming from a September 2007 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 athletic career that were in the possession of two
collectibles dealers. The dealers insisted the items were theirs
to sell.
Mr. Simpson’s lawyers argued that their client and his companions
were only retrieving items that had been stolen from him. Mr.
Simpson, they said, did not know two of the men were carrying
guns, and never saw them brandish the weapons or physically
threaten the dealers.
The case, many legal experts said, is the kind that would
have been settled out of court with little fanfare had the defendant
not been someone of Mr. Simpson’s notoriety.
“O. J. Simpson has no felony convictions, and someone with
no felony convictions usually gets treated very favorably in
situations like this,” said Dayvid Figler, a Las Vegas defense
lawyer and a commentator on the case for TruTV, the cable outlet
planning live gavel-to-gavel coverage. “In all likelihood, he
would have been offered something so favorable at the onset
that it would be resolved and he probably would do no jail time.”
The residue from the explosive 1995 trial has rubbed off on
every aspect of the current case, from the swift but methodical
investigation to the weeklong jury selection that seated nine
women and three men.
Ten jurors are white and two are Hispanic. Mr. Simpson’s lawyers
objected to the racial makeup of the jury pool and the final
panel but were overruled by Judge Jackie Glass. The jury that
acquitted Mr. Simpson in 1995 was made up of nine blacks, two
whites and one Hispanic.
Prospective jurors were questioned at length on their views
about the 1995 trial; several were dismissed after saying they
thought Mr. Simpson had killed his former wife and Mr. Goldman.
“If you are here thinking you are going to punish Mr. Simpson
for what happened in Los Angeles in 1995, this is not the case
for you,” Judge Glass warned potential jurors.
One person who hopes memories of Mr. Simpson’s murder trial
remain fresh is Mr. Goldman’s father, Fred Goldman, who has
always predicted that Mr. Simpson would one day face another
jury on criminal charges. Although he said he would regret if
Mr. Simpson was convicted by jurors seeking to avenge his 1995
acquittal, because it would just reflect more flaws in the judicial
system, Mr. Goldman added, “Any way I could see him in jail
would be wonderful.”
Legal experts said the prosecution would probably benefit
from an audio recording of the incident as it unfolded that
was turned over to the police by the man who admitted setting
up the confrontation, Thomas Riccio, a four-time felon who spent
eight years in prison on convictions for arson, prison escape
and dealing in stolen property.
District Attorney David Roger of Clark County has said he
will not comment until after the verdict. But Laurie Levenson,
a former prosecutor who covered Mr. Simpson’s murder trial for
CBS News, said Mr. Roger should “be happy with any conviction.”
“It’s sort of like getting Al Capone,” she said. “He’s the
one who’s going to finally get him.”