OJ appeals Nevada armed robbery, kidnap conviction

LAS VEGAS (AP) " O.J. Simpson asked Nevada's highest court on Tuesday to overturn his armed robbery and kidnapping conviction for a hotel room heist because he said a series of errors by the judge and prosecutors prevented him from receiving a fair trial.

The former football star, actor and advertising pitchman filed an appeal with the Nevada Supreme Court, the state's only appellate court, seeking to throw out his conviction on grounds including judicial misconduct, insufficient evidence, a lack of racial diversity on the jury and errors in sentencing and jury instructions.

The document heaps blame on Clark County District Court Judge Jackie Glass, and accuses prosecutors of improperly asking questions about allegations of witness intimidation in front of the jury.

"Cumulative error ... was so egregious and prejudicial that the defense could not get a fair trial," Simpson attorneys Yale Galanter of Miami and Malcolm LaVergne in Las Vegas say in the appeal, "therefore Simpson's case should be reversed."

Simpson and a co-defendant were convicted in October of all 12 charges related to a confrontation with sports memorabilia dealers in a Las Vegas casino hotel room.

A clerk for Glass said the judge could not comment while the appeal was pending.

Clark County District Attorney David Roger said he was confident Simpson's conviction would stand.

"Judge Jackie Glass and the members of the jury did a great job with this trial during which the jurors saw Mr. Simpson for the criminal he is," Roger said.

Appeals to the Nevada Supreme Court in Carson City can take more than a year. Court spokesman Bill Gang said there was no way to predict when the justices might rule.

"The amount of time it takes depends on the number and complexity of the issues raised," Gang said.

The 49-page appeal was posted on the court's Web site, and Galanter said he and a lawyer for convicted co-defendant Clarence "C.J." Stewart also submitted 5,600 pages of transcripts, documents and a trial videotape.

"I hope my client is totally exonerated of all charges and that the appellate court sees it the way I see it," he said.

The appeal accuses Glass of rushing jury selection, forcing Simpson's lawyers to "abandon" efforts to probe prospective jurors about their opinions about Simpson's acquittal in the 1994 slaying of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman, in Los Angeles.

Simpson was later found liable for the deaths in a Los Angeles civil lawsuit and was ordered to pay $33.5 million in compensatory and punitive damages to the Goldman and Nicole Simpson estates.

"Because of the unique nature of this case, a full and complete questioning of potential jurors needed to take place," the appeal says. It accuses Glass of giving "no deference to the fact that Simpson brought a lot of baggage into the courtroom."

Simpson's lawyers also accuse the judge of allowing prosecutors to remove "in a discriminatory manner" the last two prospective black jurors before a jury of nine women and three men was seated.

"The striking of these two panelists caused there to be no African-Americans on the jury," the appeal said, adding that Glass "should have exercised discretion in ensuring their inclusion."

LaVergne was added to help with Simpson's appeal May 15, after attorney Gabriel Grasso cited an unspecified disagreement with Galanter.

"Every issue we put in there is solid and supported in law," LaVergne said, adding that he hoped the state Supreme Court would hear oral arguments in the case.

Simpson, 61, maintained that he was trying to retrieve property that had been stolen from him when he and five other men confronted the two sports collectibles peddlers in a hotel room in September 2007.

Four former co-defendants accepted plea deals, testified against Simpson and Stewart, and received probation.

Glass dropped two charges in December before sentencing Simpson to nine to 33 years in state prison. He is housed at a medium-security prison in Lovelock, about 90 miles east of Reno.

Stewart, 55, is serving 7 1/2 to 27 year sentence at High Desert State Prison in Indian Springs, about 45 miles northwest of Las Vegas. He argued throughout that he should have been tried separately from Simpson.

His lawyer, Brent Bryson, said he planned to submit Stewart's appeal to the state high court this week.

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On the Net:

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