LAS VEGAS (AP) — 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.
Also On Black America Web:
This Week’s Celebrity Instagrams (11/26-12/2)
29 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
1 of 29
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
2 of 29
3. Vegan! The Impossible burger at Crossroads
3 of 29
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
4 of 29
5. Jus haaaanngin out
5 of 29
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
6 of 29
7. No limits... Photo cred: Chris Bridges @ludacris
7 of 29
8. new new
8 of 29
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
9 of 29
10. hey ma! 🎎#wcw 💙
10 of 29
11. Surprise visit to our factories!!! #GoodAmerican #USA
11 of 29
12 of 29
13. Peachy Keen 🔥✨⚡️
13 of 29
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
14 of 29
15. Late nights @nbcmarlon with the writers... we in here!!!
15 of 29
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
16 of 29
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
17 of 29
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
18 of 29
19. #BrotherlyLove #tbt
19 of 29
20 of 29
21. #basel #TeamLOVE @kingcombs
21 of 29
22. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
22 of 29
23. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
23 of 29
24. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
24 of 29
25. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
25 of 29
26. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
26 of 29
27. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
27 of 29
28. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
28 of 29
29. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
29 of 29