Nov 15, 2007 3:27 am US/Pacific
Criminal Trial Ahead For O.J. Simpson
LAS VEGAS (CBS News) ―
O.J. Simpson must face trial on kidnapping, armed robbery and other charges related to an alleged sports memorabilia heist, a justice of the peace ruled.
Wednesday's ruling came after a preliminary hearing of the charges and arguments against the case by attorneys for Simpson and co-defendants Clarence "C.J." Stewart and Charles "Charlie" Ehrlich.
"This is what we expected," Simpson told The Associated Press 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."
No charges in the 12-count complaint against the three men were dropped.
Kidnapping convictions could result in a life sentence with possibility of parole. Armed robbery convictions would mandate some time in prison.
The case relates to a Sept. 13 confrontation in a Las Vegas hotel room where Simpson and a group of men allegedly stole items from two sports memorabilia dealers.
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.
"The gun component is critical here because it would increase Simpson's prison time if he ultimately is convicted," says CBS News legal analyst Andrew Cohen. "That's why he's already claimed that he had no idea that guns would be used to - as he put it - 'get back his stuff.'"
The defendants were ordered to arraignment on Nov. 28.
Simpson's attorney, Yale Galanter, said outside court that there was no chance the case could be settled before trial unless prosecutors dropped it outright.
He estimated it would take a year to bring the case to trial.
During closing arguments of the hearing, a defense lawyer contended that the 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."
"These guys are bad. The court can't ascribe any credibility to what came out of their mouths," said attorney John Moran Jr., who represents Ehrlich.
He described three other men who accepted plea deals to testify against Simpson as "rats."
Chief Deputy District Attorney Chris Owens offered no defense of the men's character but said, "It's not like the state went out and found the witnesses. These are people aligned with O.J. Simpson. These are the people he surrounds himself with."
He said their credibility is supported by audio and video tapes and the fact they corroborated each other.
The judge acknowledged that the testimony of the witnesses was an issue to be weighed by the court and that defense had raised questions of "bought" testimony. He said there were a number of motive and credibility issues but they were "not so incredible or implausible" to not send the case to the jury.
Simpson's lawyer, Gabriel Grasso, said Simpson clearly did not intend to steal anyone else's property and "the intent issue in this case is paramount." He also argued there was "not a scintilla of evidence" to support a kidnapping charge.
He accused prosecutors of "overcharging" the case and said such charges as conspiracy, assault and coercion were merely a "piling on" of charges in the hope something will stick.
Moran noted that the two men who said they brought guns to the hotel room were given plea deals likely to win them probation, while those who had no guns were facing possible trial.
Simpson and the other defendants did not testify in their own defense at the hearing.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
