O. J. Simpson Robbery Case - Motion For Retrial

Motion For Retrial

Simpson filed a motion for retrial. In May 2013 the motion was heard, the week-long hearing included witnesses and Simpson testifying. Simpson's main argument was ineffective assistance of counsel. Simpson alleged his counsel Yale Galanter did not tell him about alleged plea-bargain offers that would have resulted in substantially shorter sentences. Grasso testified that it was Galanter's decision not to have Simpson testify.

On May 17th, 2013, Yale Galanter testified. He stated that Simpson had confided to to him that Simpson that guns were brought to the hotel room, and admitted to Galanter that he messed up in doing that. Galanter made this statement after he was reminded that Simpson waived attorney client privilege, enabling his former attorney to testify. Galanter was photographed by Associated Press laughing about Simpson's arguments on the witness stand.

Galanter confirmed that the night before the robbery he was dining at a restaurant with Simpson and a group of people. Galanter testified that Simpson casually mentioned his intent to retrieve "his stuff," in what Simpson called a sting. Galanter testified that he asked Simpson "what are you doing?" to which Galanter advised against it and told Simpson "call the police." Galanter testified: "Mr. Simpson never told me he was going to go to the Palace (Station) hotel with a bunch of thugs, kidnap people and take property by force. To insinuate I, as a lawyer and officer of the court, would have blessed it is insane." Galanter did accept that Simpson's conviction was Galanter's responsibility. He liked OJ and fought hard to win the case, but he lost the case and will always have to live with that.

In regards to plea offers, Galanter testified his practice is to always communicate plea offers to the client. He denied that Simpson didn't know about plea offers. Galanter testified that during trial he informed Simpson that prosecutors were offering a plea with a 2-5 years prison time. Simpson instructed Galanter to go back to the DA with a counter-offer of one year, which the DA immediately refused; the trial proceeded with no further offers or counters.