New bid to free OJ Simpson from jail

2012-05-16 15:12

Las Vegas – A new lawyer for OJ Simpson filed an attempt to gain his release from Nevada state prison, alleging the former football star and actor was so badly represented by lawyers in his trial and previous appeals that he deserves a retrial.

A 94-page document filed yesterday 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 defence.

It says the National Football League 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 others 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.

Yesterday’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 on 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 yesterday, saying he wanted to read the complete document and supporting appendices.

Grasso said he hadn’t read the document, but “I’m behind OJ and I hope this petition helps him get out of prison”.

Simpson’s current private lawyer, Malcolm LaVergne, declined comment yesterday.

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. Galanter 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.

Guns

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.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/World

Book flights

Compare, Book, Fly

Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.