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| Defense attorney Patricia Palm, left, and O.J. Simpson appear at an evidentiary hearing in Clark County District Court on May 17, 2013 in Las Vegas. Simpson, who is currently serving a nine-to-33-year sentence in state prison as a result of his October 2008 conviction for armed robbery and kidnapping charges, is using a writ of habeas corpus to seek a new trial, claiming he had such bad representation that his conviction should be reversed. |
LAS VEGAS
(AP) -- O.J. Simpson's former lawyer defended himself point-by-point
Friday against allegations he botched the former football star's
armed-robbery trial, after giving damaging testimony that Simpson
actually knew his buddies had guns when they went to a hotel room
together to reclaim some sports memorabilia.
Miami-based
attorney Yale Galanter quickly found himself under withering
cross-examination from a Simpson lawyer intent on proving that
Galanter's word couldn't be trusted - that he knew ahead of time of
Simpson's plan and spent more effort covering up his involvement than
representing Simpson.
The weeklong hearing
concluded late Friday with Clark County District Judge Linda Marie Bell
telling attorneys she will issue her decision in writing. She didn't
specify a date.
Simpson was returned to prison
custody. His attorneys, Patricia Palm and Ozzie Fumo, said they were
optimistic that the judge would grant a new trial.
"I just think the evidence of his claims is overwhelming," Palm said.
Galanter
took the stand as the state's star witness in a hearing on Simpson's
claim that he was so badly represented at trial and on appeal that his
conviction should be thrown out.
He spent most of the day on the defensive, with Simpson lawyer Tom Pitaro grilling him with accusations and pointed questions.
"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,"
Galanter said at one point. "To insinuate I, as his lawyer, would have
blessed it is insane."
Galanter conceded at one point that Simpson's conviction was his responsibility.
At
another point, he conceded that he "misspoke" when he told the trial
judge, Jackie Glass, that crucial audio recordings had been carefully
analyzed by experts.
"Clearly I misspoke,"
Galanter said as Pitaro bored in. "I would never, ever ... I would just
never intentionally mislead a judicial officer or a lawyer. I'm falling
on that sword."
Galanter denied giving Simpson
the go-ahead to retrieve the photos and footballs he believed had been
stolen from him. He denied keeping Simpson in the dark about offers of
plea deals that carried only a few years in prison. He said his client
agreed all along with the decision not to put him on the stand to
testify at his trial.
And he disputed
Simpson's testimony from earlier this week when the former NFL star said
he didn't know anyone in the hotel room had guns.
"When
you look at the entire trial, I don't think I could have fought harder,
done more," Galanter said. "I put every ounce of blood, sweat and soul
into it."
At another point, he said: "Simpson
brought a lot of baggage into the courtroom. It's not like the 12 jurors
didn't know he was accused of murder and acquitted."
Simpson,
65, was found guilty in 2008 of kidnapping and armed robbery over the
hotel room episode and was sentenced to nine to 33 years in prison. The
conviction came 13 years to the day after his "trial of the century"
acquittal in Los Angeles in the murders of his ex-wife and a friend of
hers.
Galanter testified that Simpson confided
to him that he had asked two men to bring guns to the hotel room in
September 2007, and "he knew he screwed up."
On
the stand, Galanter brought up the guns only after he paused and was
reminded that Simpson had waived attorney-client privilege. "I'm very
uncomfortable doing this," he said.
Testifying
about events leading up to the incident, Galanter said he was surprised
when Simpson told him over dinner in Las Vegas that he and several
other men were planning a "sting" the next morning to take back the
mementos.
Galanter said he advised Simpson not to take matters into his own hands: "I said, `O.J., you've got to call the police.'"
Simpson
testified that Galanter advised him that he was within his rights to
retrieve the items, told him not to testify at the trial, and failed to
tell him prosecutors had offered plea bargains.
During questioning about how much Galanter was paid for the case, the judge asked Pitaro where he was going with his questions.
"What
Mr. Galanter has done is, this man has received over a half-million
dollars and has put his interest, his financial interest, above the
interest of his client," Pitaro said.
Galanter insisted he told Simpson at least three times that prosecutors discussed plea bargains. He said Simpson rejected them.
Simpson
said, "No deal. No way," to an offer from the district attorney of five
to seven years in prison,
Galanter said. Later, during the trial,
Simpson turned down a better offer, Galanter said.
"I
went out in the hall and said to O.J., `There is an offer of two to
five.' He said, `See if they will take a year,'" Galanter testified. "I
discussed a year with them, and they said no and the trial went on."
If
Simpson succeeds in getting his conviction thrown out, prosecutors will
have to decide whether to retry him or offer a plea bargain. If he
loses, he will be sent back to prison and will probably appeal. He will
be 70 before he is eligible for parole.
