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O.J. Simpson Armed Robbery Conviction Challenged In New Lawyer's Appeal For Release

By KEN RITTER 05/15/12 08:34 PM ET AP

Oj Simpson
O.J. Simpson and his attorneys at the Las Vegas trial for armed robbery and kidnapping.

LAS VEGAS -- A new lawyer for O.J. Simpson filed a new attempt Tuesday to gain his release from Nevada state prison, alleging the former football star was so badly represented by lawyers in his trial and previous appeals that he deserves a new trial.

A 94-page document filed Tuesday in Clark County District Court in Las Vegas faults the trial strategy and performance of attorneys Yale Galanter of Miami and Gabriel Grasso of Las Vegas, but maintains Simpson's same basic defense. It says the NFL Hall of Famer wanted to recover from sports memorabilia dealers family photos and personal mementoes stolen from him after his 1995 acquittal in the Los Angeles slayings of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

Simpson was convicted in 2008 in Las Vegas of charges including kidnapping and armed robbery in a caper in a casino hotel room crammed with two memorabilia dealers and a middle man, Simpson and five other later convicted of felonies.

Simpson, 64, was sentenced in December 2008 to nine to 33 years behind bars. He is the only one in the case still in prison.

Tuesday's filing, called a writ of habeas corpus, is a common next-step appeals strategy to blame trial and initial appeals attorneys for a defendant's conviction. If state courts deny it, it can be appealed to federal courts.

Almost all of the 22 grounds that attorney Patricia Palm of Las Vegas cited in the document fault Galanter and Grasso. Palm is due to argue the case July 3 in Clark County District Court in Las Vegas.

The first claim is that Galanter had a conflict of interest so severe he should have removed himself from the case. It does not raise a similar contention against Grasso.

Galanter declined comment Tuesday, saying he wanted to read the complete document and supporting appendices.

Grasso said he hadn't read the document, but "I'm behind O.J. and I hope this petition helps him get out of prison."

Simpson's current private lawyer, Malcolm LaVergne, declined comment Tuesday.

Galanter was Simpson's lawyer before the Las Vegas incident, and the document alleges he knew ahead of time and helped plan Simpson's effort to retrieve his possessions. The two men even had dinner together at a casino restaurant the night before, the document states.

Galanter told a trial judge he "wasn't there" and "had nothing to do with" the confrontation. Galantar advised Simpson the plan was "legally permissible so long as there would be no trespass and no physical force used," the new court filing said.

Simpson, meanwhile, had been drinking alcohol in the hours prior to the confrontation and had no idea anyone brought guns to the cramped room at the Palace Station casino-hotel, the document said.

"To this day, Simpson does not know whether there were actually guns pulled or displayed in the room," the document said. "Even after Simpson was arrested, Galanter repeatedly advised Simpson that the state could not prove its case, given the evidence that he intended to reclaim his own property."

Galanter and Grasso parted in 2009.

Galanter lost an appeal for Simpson's freedom to the Nevada Supreme Court that included oral arguments in June 2010. Galanter wasn't part of a failed attempt by LaVergne to get a hearing before the entire seven-member court.

FOLLOW CRIME

LAS VEGAS -- A new lawyer for O.J. Simpson filed a new attempt Tuesday to gain his release from Nevada state prison, alleging the former football star was so badly represented by lawyers in his trial ...
LAS VEGAS -- A new lawyer for O.J. Simpson filed a new attempt Tuesday to gain his release from Nevada state prison, alleging the former football star was so badly represented by lawyers in his trial ...
Filed by Hilary Tuttle  | 
 
 
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08:29 PM on 07/09/2012
i still don't know if O.J. is guilty of murder however The dream team made a great trick whith the "if it doesn't fir you must aquit" the pure leather gloves O.J. tried to fit on his hands wouldn't have fit regardless if they were indeed his gloves or not. pure leather shrinks after getting wet ,especialy getting saturated with blood.getting the prison time he got for the kidnapping is a bit of an overkill though.maybe.just maybe his new attorney will get him a new trial.
01:15 AM on 07/07/2012
It may become necessary for O.J. to take this matter of this irrational decision of sentencing him for murder for an attempted armed robbery to the federal courts to get justice. This has happened several times. In the case of Rubin "Hurricane" Carter, the former boxer, he had to go to the federal courts because the state courts simply wouldn't stop violating his rights. The federal courts ordered the state court to free him. The same thing happened with cop killer Tommy Trantino, who killed 2 New Jersey cops and spent about 33 years in prison. He finally had to go to the federal courts to get the New Jersey courts to free him. .
HUFFPOST SUPER USER
dkt5331
02:22 PM on 06/19/2012
FREE O. J.
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HUFFPOST SUPER USER
NYC123
08:20 AM on 05/20/2012
Huff Subscriber's Comment:
“What do you get when you have nine ignorant BLACK women on the jury that can't begin to grasp the concept of DNA evidence- INNOCENT”

My reply!!
The true reality throughout the horrific and shame of the African American Slave centuries/generations -- not one white man was ever put to death for killing an African America! Not one white man ever put to death for killing a black man until late in the 20 century!

Question: What do you get when -- white folks watch African Americans being killed, hanged, dragged through the streets pulled by a horse at the end of a rope -- or just plain popped (shot) in broad delight with witnesses take it all in? Plus all the horror events gleefully subjected also to the families of the innocent victims?

Answer: A Culture of Cowards of the first degree -- with no shame!... And cluelessly dare to call themselves followers of Jesus.
11:28 AM on 06/04/2012
I doubt there are people in the 21st century who have seen African Americans being dragged through the streets pulled by a horse. And I doubt that in this world, there are a lot of people who would watch that with glee. No one I know has ever oppressed another human being, and I have never seen someone in 21st century USA be oppressed because of their skin color.
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HUFFPOST SUPER USER
NYC123
11:55 AM on 06/04/2012
Sir, we are talking about American history -- google!. This scourge still plagues this country just taken on a different - and still horrific tone. The jails are full, jobs not there, school dropouts are high, and crime is also linked to this scourge!
08:42 PM on 05/17/2012
Awww leave him in there!

He'll only commit to crime again if he's out plus, I really think he killed Goldman/Brown.
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dkt5331
04:48 PM on 06/03/2012
kelly, you should rely on facts and not what you think
10:01 PM on 06/03/2012
Wow, you have a lot of nerve! LOL

It only took you what, 2 weeks to reply!!!

LOL

Oh and no wonder you have "zero" friends...........

Play Nice!
08:33 PM on 05/17/2012
After getting away with two murders you would think Mr. Simpson would go away and keep out of the public eye. The years following the acquittal he was involved in a number of shenanigans including attempting to go on public television and describe how he would have committed the murders. Mr. Simpson and his attitude he has portrayed over the years is a disgrace! I was pleased Mr. Simpson finally did something that his fame and fortune could no longer get him out of. We can only hope for the Goldman's and Brown's sake he spends as much of that 33 year sentence in prison.
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dkt5331
01:04 PM on 06/04/2012
The real killers and everyone who tried to cover up and mislead are very thankful for ignorant individuals.
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Tony Gagliano
Tread on me but not my country
06:46 PM on 05/17/2012
I'd be all for O.J. Simpson's release if I knew there were someone out there waiting for him with a big sharp knife.
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dkt5331
12:29 PM on 06/08/2012
The coroner's report said two different knives were used to kill Nicole and Ron. How did O. J. swing that?
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dorym
02:06 PM on 05/17/2012
our world is a better place with this monster behind bars.....
HUFFPOST SUPER USER
dkt5331
02:17 PM on 07/09/2012
What about the real killers?
01:06 PM on 05/17/2012
I think Zimmerman should get what he has coming - period. Ooops, wrong racially-charged crime. Sorry.
12:29 PM on 05/17/2012
the comments on here about DNA are wrong in the fact the DA overstated the numbers and didnt count on Henry Lee coming in and destroying there claims.. The DA and the LA police were too used to rail roading poor black men and didnt count on a legitamate defense. OJ didnt use Prison Delivery(public Defenders) so the light weight Clark and the other prosecuter LOST. really the legal system should be more worried that one innocent would go to jail than OJ going free.
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
06:26 PM on 05/17/2012
No .. sorry .. I am more worried about someone butchering two more human beings and then walking free .. and when they are set free , millions of people cheering and clapping .. that's what I don't want to happen again .. This guy can rot .
11:37 AM on 05/18/2012
currently im not worried about OJ or a fan. im talking about his aquittal,the prosecution sucked ,the loss was the police and the prosecutors fault. they should not have tried to fluff their evidense and just stuck to the facts,but when the police take the 5th then what evidence do you have
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HUFFPOST SUPER USER
NYC123
10:15 AM on 05/17/2012
Huff Subscriber's Comment:
“What do you get when you have nine ignorant BLACK women on the jury that can't begin to grasp the concept of DNA evidence- INNOCENT”

My reply!!
The true reality throughout the horrific and shame of the African American Slave centuries/generations -- not one white man was ever put to death for killing an African America! Not one white man ever put to death for killing a black man until late in the 20 century!

Question: What do you get while white folks watch African Americans being killed, hanged, dragged through the streets pulled by a horse at the end of a rope -- or just plain popped (shot) in broad delight with witnesses take it all in -- plus all the horror subjected also to the families of the innocent victims?

Answer: A Culture of Cowards of the first degree -- with no shame!
photo
HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
06:31 PM on 05/17/2012
There were white slaves in this country long before a black slaved ever stepped in this country .. if you don't beleive it , then google it .. A mass of slaves that have been forgotten in this country ..
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NYC123
07:05 PM on 05/17/2012
Is that what you walk away with? A silly argument ah_le.
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HUFFPOST SUPER USER
catlady777
Liberal - A House Divided Cannot Stand
06:56 AM on 05/18/2012
You are referring to white indentured servants. That is not the same thing. There children were not born into slavery. Get your history straight before you start correcting people.
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HUFFPOST SUPER USER
topkatnc
Give a stray cat or dog a chance .
06:33 PM on 05/17/2012
And it God forbid that Zimmerman walks from his crime , like this clown did .. you won't see the white community jumping up and down and cheering .
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dkt5331
01:09 PM on 06/04/2012
B S
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American Subversive
Free markets are beneficial to ruling class only.
10:08 AM on 05/17/2012
Free this innocent man!
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AbeMartin
The best person fer a job is never a candidate
01:10 PM on 05/17/2012
Yeah.  He and Charles Manson, Jeffrey Dahmer, Ted Bundy, and Tim McVey are all innocents.
keith1963
10-year Army veteran
06:17 PM on 05/17/2012
He was found innocent. There was so much reasonable doubt in that case. Do you know how many white OJ's have been either not tried and/or found not guilty. Get over it!!!
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American Subversive
Free markets are beneficial to ruling class only.
06:28 PM on 05/17/2012
I was being sarcastic :(
This user has chosen to opt out of the Badges program
08:01 PM on 05/17/2012
What innocent Man are You talking about.
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jadeaic
ScarySociety
10:02 AM on 05/17/2012
So after getting away with murder, you would think this idiot would make sure never to get in trouble with the law again. Goes to show you what kind of person he is.
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Gilbert Albright
09:59 AM on 05/17/2012
O.J is right where belongs for the rest of his life. He messed up by pulling his stunt in a Red State. Conservatives in the Nevada Justice system have no sympathy for criminals like him.
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jordan2
Constitution...See:The Originalist Perspective
12:32 AM on 05/17/2012
I often wondered about his income. We all know about his NFL pension but I have seen reports that his lawyers set up companies paying him $400 000 per year in pension benefits in addition to the same amount from the NFL Sorry I do not trust the info so I am not posting the links.

However, it is clear, he must have substantial income to pay all of these damn lawyers and live a luxurious lifestyle in prison

If anyone has reliable links, I would be curious to see them
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Gilbert Albright
10:03 AM on 05/17/2012
His football pension cannot be touched. All of his other income is subject to the Brown Family Civil Court Judgment.

The lawyers represent him for nothing in hopes of cashing in after they win his release. It's a gamble for a big payday.
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JBS
Part time misanthrope & full time curmudgeon
10:15 AM on 05/17/2012
All of his income and assets were shielded long before the Brown Family got their judgment against him.

Win or lose, the lawyers are going to get paid. Ain't no gambling involved.
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jordan2
Constitution...See:The Originalist Perspective
04:03 PM on 05/17/2012
any links to his other pensions?