Convicted O.J. Simpson eager to testify on need for new trial
O.J. Simpson is ready to talk.
The notorious former pro football star is anxious to testify and “tell his story,” his defense lawyers said following the second day of his post-conviction hearing.
A graying and heavyset Simpson will take the stand Wednesday and tell Judge Linda Bell that he was so grossly misrepresented by his trial lawyer Yale Galanter in his 2008 robbery conviction that he deserves a new trial.
Simpson, now 65, is serving a nine- to 33-year prison term after he was convicted of robbing two men of sports memorabilia on Sept. 13, 2007. Simpson argued that he was simply recovering his own property, including family heirlooms and photographs, when he went to the Palace Station hotel room.
“He’s been wanting to tell his story. He’s excited about telling his story,” said defense lawyer Ozzie Fumo. “He wants to get up there. It’s not like he’s shirking from this.”
Defense lawyer Patricia Palm has readied Simpson to testify, which includes preparing him for a cross-examination by prosecutors, Fumo said.
Simpson is expected to testify that Galanter advised him that he was within his legal rights to get his property back, as long as he did not use physical force. Simpson will also testify that his Miami-based lawyer never told him of a plea deal offer made by prosecutors, one his new lawyers say he would have taken.
Prosecutors are expected to rebuff Simpson’s testimony by calling Galanter to the stand on Friday.
So far, Palm and Fumo said they believe the hearing has been going favorably for Simpson.
After two days of testimony there appeared to be strong evidence that Galanter had a financial conflict when he represented Simpson, which could lead to a new trial, the lawyers said.
On Tuesday, Galanter’s co-counsel, local defense lawyer Gabe Grasso, and California attorney Leroy “Skip” Taft, Simpson’s personal and business attorney for more than 40 years, testified that Galanter kept all to himself money meant for Simpson’s defense.
Taft, who managed Simpson’s retirement plan, testified by phone that Galanter was paid $387,500 “for the trial work.”
Galanter never provided a budget or asked for money to pay for experts, Taft said.
Galanter also received $47,000 from Simpson’s friends for the trial. And in 2009, Taft said, he sent an additional $125,000 to Galanter for Simpson’s appeal.
Grasso testified that Galanter had told him during the trial that they were operating on a “shoestring budget,” and there was no money to hire expert witnesses or investigators. Grasso said he learned later that Galanter had received about $500,000
Grasso testified that a proper defense for Simpson should have included an investigator to profile witnesses and an audio expert to examine recordings of the robbery and subsequent conversations that were entered into evidence during the trial.
“I was being told we hadn’t been paid,” Grasso recalled on Monday.
And Grasso was never paid the $250,000 he was promised by Galanter to help represent Simpson, he said. The two lawyers are at odds in federal court over the nonpayment.
Following testimony Tuesday, Fumo said he was surprised by Galanter’s actions.
“That an attorney would be paid that amount of money and not hire experts surprised me,” Fumo said.
Palm added that there were two experts the defense should have been called in Simpson’s defense, including an audio expert and an intoxication expert who could testify about how alcohol affected Simpson on the day of the robbery.
“Not using the money (for the defense) is evidence of a conflict,” Palm said.
One curious moment occurred during the testimony that could have ramifications as the hearing moves forward.
As Chief Deputy District Attorney Leon Simon cross-examined Grasso, the prosecutor confronted Grasso with an email the defense lawyer sent to Galanter prior to the trial. The email showed Grasso supported the decision to not oppose having the audio recordings brought into evidence — he earlier testified that the recordings were prejudicial to Simpson and the defense should have objected.
Simon said Galanter had forwarded him the email after viewing media reports of the hearing.
However, the state and defense both invoked the exclusionary rule, a legal term meaning that witnesses cannot hear the testimony of others.
Judge Bell grew concerned, but Simon assured her that Galanter was not watching the proceedings on TV, he had just viewed “media reports.”
How is that any different, Bell asked.
Simpson’s lawyers later expressed concern that Galanter may have been influenced by what he’d seen in the media.
Fumo, said Bell could question Galanter when he appears to testify. She could sanction him, admonish him or disallow his testimony altogether, Fumo said.
Six witnesses took the stand Tuesday, totaling 10 after two days.
Former Clark County District Attorney David Roger testified Tuesday that he never offered Simpson a plea bargain in the robbery case, although the prosecutor had discussed the possibility twice with Galanter.
The first discussion ended when Galanter said that, unless prosecutors would agree to probation for Simpson, there was nothing for them to talk about.
A plea bargain was discussed again during the trial.
Roger told Galanter that, if Simpson were willing to plead guilty and serve 30 months in prison, the parties could “sit down and talk.”
Galanter told him, “Mr. Simpson says he’ll do no more than 12 months.”
The plea bargain discussion ended, but Roger said that statement made him believe Galanter had discussed the plea negotiations with his client.
Also, Simpson’s other civil attorney Ron Slates testified that most of the items taken in the 2007 robbery were found to be the football player’s. The items were returned to Simpson and, unless sold, were not subject to satisfy a $33.5 million civil judgment against him for the deaths of Nicole Brown Simpson and Ronald Goldman.
Meanwhile, the day began with a small victory for Simpson’s defense team when Judge Bell agreed to free Simpson’s right hand so he could take notes and drink water. The rest of his body remained shackled to a chair.
Fumo said Simpson was “touched” by the family and friends who made the trip to see him in person in court, though he can’t communicate with them. “I don’t think he was expecting that,” Fumo said.
Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039. Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.
