O.J. Simpson found guilty on all charges
October 4, 2008
LAS VEGAS (AP) — O.J. Simpson, who went from American sports idol to celebrity-in-exile after he was acquitted of murdering his ex-wife and a friend, was found guilty Friday of robbing two sports-memorabilia dealers at gunpoint in a Las Vegas hotel room.
The 61-year-old former football star could spend the rest of his life in prison after he is sentenced Dec. 5.
A weary and somber Simpson released a heavy sigh as the charges were read in rapid fire by the clerk in Clark County District Court. He was immediately taken into custody.
The Hall of Fame football star was found guilty of kidnapping, armed robbery and 10 other charges for gathering up five men a year ago and storming into a room at a hotel-casino, where the group seized several game balls, plaques and photos. Prosecutors said two of the men with him were armed; one of them said he brought a gun at Simpson’s request.
Simpson’s co-defendant, Clarence “C.J.” Stewart, 54, also was found guilty on all charges and taken into custody.
Simpson showed little emotion as officers handcuffed him and walked him out of the courtroom.
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His sister, Carmelita Durio, sobbed behind him in the arms of Simpson’s friend, Tom Scotto, who said “I love you,” as Simpson passed by. As spectators left the courtroom, Durio collapsed.
The jurors made no eye contact with the defendants as they entered and each of them answered firmly when asked if “this was their individual verdict.” Afterward, they chose not to answer questions.
Simpson’s lawyer Yale Galanter said Simpson had expected the outcome, and in a courthouse conversation with an AP reporter on Thursday, Simpson had implied as much.
Simpson said he was felt “melancholy” and said, “I’m afraid that I won’t get to go to my kids college graduations after I managed to get them through college.”
Galanter said it was not a happy day for anybody.
“His only hope is the appellate process,” he said.
Judge Jackie Glass made no comment other than to thank the jury for its service and to deny motions for the defendants to be released on bail.
She refused to give the lawyers extended time to file a motion for new trial, which under Nevada law must be filed within seven days.
“If you want a motion for new trial, send me something,” Glass said.
Stewart’s attorney Brent Bryson promised to appeal.
“Absolutely, we will appeal. If there was ever a case that should have been severed in the history of jurisprudence, it’s this case,” Bryson said of unsuccessful attempts to separate Stewart’s case from Simpson’s because of the “spillover” effect.
The verdict came 13 years after Simpson was cleared of murder in Los Angeles in one of the most sensational trials of the 20th century.
“I don’t like to use the word payback,” Galanter said. “I can tell you from the beginning my biggest concern … was whether or not the jury would be able to separate their very strong feelings about Mr. Simpson and judge him fairly and honestly”.
Clark County spokesman Dan Kulin said prosecutors would not comment until the case was “completely resolved.”
From the beginning, Simpson and lawyers argued the incident in Las Vegas was not a robbery; instead, they said, he was trying to reclaim mementos that had been stolen from him. He said he did not ask anyone to bring a gun and did not see any guns.
The defense portrayed Simpson as a victim of shady characters who wanted to make a buck off his famous name, and police officers who saw his arrest as an opportunity to “get” him and avenge his acquittal.
Prosecutors said Simpson’s ownership of the memorabilia was irrelevant; it was still a crime to try to take things by force.
“When they went into that room and forced the victims to the far side of the room, pulling out guns and yelling, ‘Don’t let anybody out of here!’ — six very large people detaining these two victims in the room with the intent to take property through force or violence from them — that’s kidnapping,” prosecutor David Roger said.
Kidnapping is punishable by five years to life in prison. Armed robbery carries a mandatory sentence of at least two years behind bars, and could bring as much as 30 years.
Simpson, who now lives in Miami, did not testify, but was heard on a recording of the confrontation, screaming that the dealers had stolen his property.
“Don’t let nobody out of this room,” he declared and told the other men to scoop up his items, which included a photo of Simpson with former FBI Director J. Edgar Hoover.
Four other men initially charged in the case struck plea bargains that saved them from potential prison sentences in return for their testimony. Some of them had criminal records or were compromised in some way. One, for example, was an alleged pimp who testified he had a revelation from God telling him to take a plea bargain.
Memorabilia dealer Thomas Riccio, who arranged and secretly recorded the confrontation in the hotel room, said he netted $210,000 on the tapes from the media. He received immunity, and his recordings became the heart of the prosecution case.
Similarly, minutes after the Sept. 13, 2007, confrontation, one of the alleged victims, sports-memorabilia dealer Alfred Beardsley, was calling news outlets, and the other, Bruce Fromong, spoke of getting “big money” from the incident.
Simpson’s past haunted the case. Las Vegas police officers were heard in the recordings chuckling over Simpson’s misfortune and crowing that if Los Angeles couldn’t “get” him, they would. And the judge told jurors they had to put aside Simpson’s earlier case.
Simpson’s lawyers also expressed fears during jury selection that people who believed he got away with murder a decade ago might see this case as a chance to right a wrong.
As a result, an usually large pool of 500 potential jurors was called, and they were given a 26-page questionnaire. Half were almost instantly eliminated after expressing strong feelings that he should have been convicted of murder.
In closing arguments, Galanter acknowledged that what Simpson did to recover his memorabilia was not right. “But being stupid, and being frustrated is not being a criminal,” he said.
He added: “This case has taken on a life of its own because of Mr. Simpson’s involvement. You know that. I know that. Every cooperator, every person who had a gun, every person who had an ulterior motive, every person who signed a book deal, every person who got paid money, the police, the district attorney’s office, is only interested in one thing: Mr. Simpson.”
— Associated Press writers Ken Ritter and Kathleen Hennessey contributed to this report.