O. J. Simpson Robbery Case - Investigation and Trial

Investigation and Trial

Investigators initially named Simpson a suspect, but questioned him the next day and released him soon after. On September 15, one of the accomplices, Walter Alexander, was arrested and charged with two counts of robbery with a deadly weapon, one count of conspiracy to commit robbery with a deadly weapon, two counts of assault with a deadly weapon, and one count of burglary with a deadly weapon. Alexander was on his way to McCarran International Airport when he was approached by the police. Earlier in the day, two guns were recovered when the police executed a warrant at one of the men's homes.

On September 16, Simpson was arrested by Clark County, Nevada, authorities. The celebrity gossip website TMZ.com published an audio recording of the incident which indicated Simpson and others shouted at the occupants of the room and demanded the return of various items. On the audiotape, recorded by Thomas Riccio, Simpson is heard saying: "Don't let nobody out of this room. Motherfucker, you think you can steal my shit and sell it?" FBI expert witness claimed that the tapes had "over-recordings" and "might" have been altered. Riccio reportedly said he tipped off Simpson to go to the hotel to look for his goods, and he reportedly said he deliberately planted the recording device to prove to Simpson that Beardsley and Fromong were fencing his stuff. Riccio considers Simpson a friend and brought Simpson to the room and escorted him and the memorabilia out.

The day after the incident, Simpson brushed off the allegations saying "I'm O.J. Simpson. How am I going to think that I'm going to rob somebody and get away with it? Besides, I thought what happens in Las Vegas stays in Las Vegas. ... I just wanted to get my stuff back." When asked why he did not seek police help instead of acting on his own, Simpson said "I hope the police are trying to find out the truth rather than just building a case."

In an interview, Walter Alexander said he thought the whole ordeal was a setup to get Simpson. He doesn't "understand what the big deal is" or why Riccio would set this whole operation up, tape it and then sell the tape to the media. Alexander's ex-wife gave an interview to the New York Times in which she says many people carry tape recorders with them around Simpson to try and catch him slipping so they can profit from it. The amount of money TMZ paid for the tape has not been disclosed. During police questioning Alexander said Simpson asked for guns to be carried to look tough but that the guns would not be used. He also added that McClinton impersonated a police officer and acted too rough to the surprise of the others including Simpson. He claims Simpson repeatedly told McClinton to "calm down, calm down."

Simpson appeared in court on September 19, 2007. Represented by attorneys from Florida and Nevada, Simpson was granted a bail of $125,000. Presiding Justice of the Peace Joe M. Bonaventure Jr. stated that Simpson was not allowed to have any contact with any of the co-defendants and that he must surrender his passport. Simpson did not enter a plea. Both defendants, Clarence Stewart and O.J. Simpson, were charged with:

• Count 1: Conspiracy to Commit a Crime
• Count 2: Conspiracy to Commit Kidnapping
• Count 3: Conspiracy to Commit Robbery
• Count 4: Burglary while in Possession of a Deadly Weapon
• Count 5: 1st Degree Kidnapping with Use of a Deadly Weapon (for Bruce Fromong)
• Count 6: 1st Degree Kidnapping with Use of a Deadly Weapon (for Alfred Beardsley)
• Count 7: Robbery with Use of a Deadly Weapon (for Bruce Fromong)
• Count 8: Robbery with Use of a Deadly Weapon (for Alfred Beardsley)
• Count 9: Assault with a Deadly Weapon (for Bruce Fromong)
• Count 10: Assault with a Deadly Weapon (for Alfred Beardsley)

The trial began on September 8, 2008 in the court of Nevada District Court Judge Jackie Glass, and attended by an all-white jury, in stark contrast to Simpson's earlier, infamous murder trial. On October 3, 2008, Simpson was found guilty of all charges. On October 10, 2008, Simpson's attorneys, Yale Galanter and Gabriel Grasso, PC moved for new trial (trial de novo) on grounds of judicial errors (two jurors of the same race as Simpson were dismissed) and insufficient evidence. Simpson’s co-defendant, Clarence "C.J." Stewart's attorney, E.Brent Bryson also petitioned for new trial, alleging Stewart should have been tried separately, and cited perceived misconduct by the jury foreman, Paul Connelly. Galanter and Stewart later appealed to the Nevada Supreme Court after Judge Glass denied their motions, and the defendants were found guilty. In October 2010, the Nevada Supreme Court affirmed Simpson's convictions while Stewart's appeal was accepted. Stewart was released in January 2011 after entering an Alford plea and being sentenced to 9 months house arrest and 3 years probation. Galanter motioned for a rehearing of the Simpson appeal in November 2010, which was denied by the Nevada Supreme Court in February 2011.

Simpson was sentenced on December 5, 2008. The judge ordered eight of the ten counts to run concurrently, with a maximum sentence of 33 years (until 2041) with parole possible after nine years in 2017 when Simpson becomes eligible at age 70. Simpson was incarcerated in the Lovelock Correctional Center.