Originally published Thursday, November 15, 2007 at 12:00 AM
O.J. Simpson must face trial on 12 charges
O. J. Simpson must face trial on kidnapping, armed robbery and other charges stemming from a suspected sports-memorabilia heist, a justice...
The Associated Press
LAS VEGAS — O.J. Simpson must face trial on kidnapping, armed robbery and other charges stemming from a suspected sports-memorabilia heist, a justice of the peace ruled Wednesday, despite defense attacks that characterized prosecution witnesses as con artists and crooks out for a buck.
Justice of the Peace Joe Bonaventure ruled that all charges in the 12-count complaint would remain against Simpson and co-defendants Clarence "C.J." Stewart and Charles "Charlie" Ehrlich.
The case stemmed from a Sept. 13 confrontation in a casino hotel room from which Simpson and a group of men are accused of stealing items from two sports-memorabilia dealers.
"This is what we expected," Simpson said before he left the courtroom. "If I have any disappointment, it's that I wish a jury was here. As always, I rely on the jury system."
Outside court, Simpson attorney Yale Galanter argued that the former NFL star was merely trying to reclaim family heirlooms and believed no crime was committed.
"I have never been in a case where every witness had a financial motive, where every witness had a credibility problem," Galanter said.
Wednesday morning, Bonaventure seemed particularly interested in the credibility of prosecution witnesses. He asked prosecutors to respond to the defense's contention that many of the eight witnesses were "groupies, pimps, bad people, people that hear voices" who were looking to make money off their involvement in the case.
Prosecutor Christopher Owens responded that although some of the men's pasts were spotty — and one suggested he might have been willing to slant his testimony if paid — each of their accounts corroborated the others'.
Prosecutors didn't get to choose their witnesses, Owens said. "These are the people [Simpson] surrounds himself with and chose to take advantage of in a criminal manner."
In his ruling, Bonaventure acknowledged that the testimony of the witnesses was an issue to be weighed by the court and that the defense had raised questions of "bought" testimony.
Kidnapping convictions could result in a life sentence with possibility of parole. Armed-robbery convictions would require prison time.
The defendants were ordered to arraignment Nov. 28, although that date almost certainly will be pushed back.
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Galanter rejected the idea of a plea agreement and estimated it would take a year to bring the case to trial.
Stewart's lawyer, Robert Lucherini, said he may seek to have his client's trial separated from Simpson's.
"We're disappointed, but we understand the judge's decision," Lucherini said.
Ehrlich's attorney would not comment outside court.
Bonaventure ruled hours after listening to 3 ½ days of testimony by witnesses.
Another Simpson lawyer, Gabriel Grasso, said it was unclear whether prosecutors considered as kidnapping the act of luring two sports-memorabilia dealers to a hotel room or whether the charge was based on a confrontation that followed.
"This is clearly overcharging," he said.
While witnesses testified that two men in Simpson's group were armed, Simpson, 60, has maintained that no guns were displayed during the confrontation, that he never asked anyone to bring guns and that he did not know anyone had guns.
He has said he intended only to retrieve items that had been stolen from him by a former agent, including the suit he wore the day he was acquitted of murder in 1995 in the slayings of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman.
Simpson and the other defendants did not testify in their defense.
A defense lawyer contended the current case was based on the accounts of "crackheads and groupies and pimps and purveyors of stolen merchandise and gun carriers and con artists and crooks. ... The court can't ascribe any credibility to what came out of their mouths," said attorney John Moran Jr., who represents Ehrlich.
Material from the Los Angeles Times is included in this report.
Copyright © 2007 The Seattle Times Company
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