This combination of Associated Press file photos shows from left, O.J. Simspon on Oct. 3, 1995, after the jury acquitted him in the murders of Nicole Brown Simpson and Ronald Goldman in Los Angeles; Simpson, center, in court on the first day his trial for armed robbery and kidnapping, on Monday, Sept 15, 2008, in Las Vegas; and right, Simpson in Clark County District Court seeking a new trial, claiming that trial lawyer Yale Galanter had conflicted interests and shouldn't have handled Simpson's armed case on Monday, May 13, 2013, in Las Vegas. (AP Photo)
LAS VEGAS — O.J. Simpson became so dependent on his lawyer during his Las Vegas armed robbery trial that the former football star would have done anything Yale Galanter advised — including passing up the chance to testify, his co-counsel testified Tuesday.
“I could advise O.J. all day long, and he was very respectful of me,” Gabriel Grasso told the court. “But if I advised him of something different from what Yale said, he would do what Yale said.”
It was Galanter’s decision not to have Simpson testify, Grasso said.
Under questioning from prosecutor H. Leon Simon, Grasso acknowledged the trial judge, Jackie Glass, specifically asked Simpson if he wanted to testify.
“O.J. did say he did not want to testify,” said Simon, a chief deputy Clark County district attorney.
“Mr. Galanter told him, ‘This is the way it’s going to be,’” Grasso said.
He said Simpson’s confidence in Galanter was born of the acquittal he gained for the former Hall of Fame football player in a road rage case after Simpson moved to Florida following his 1995 acquittal on murder charges in the deaths of his ex-wife and her friend.
Galanter, the Florida lawyer who is the focus of Simpson’s motion claiming ineffective assistance of counsel, has declined to comment until he takes the stand Friday.
Grasso, a prominent Las Vegas criminal lawyer who signed on to help his old friend, Galanter, with Simpson’s defense on robbery and kidnap charges, ended two days of sometimes searing attacks on Galanter’s promises and performance by softening his assessment of Galanter’s skills.
“I feel he’s a capable attorney,” he said. “Now that I know how things turned out, this wasn’t his best case.”
“Was Mr. Galanter trying to sell O.J. down the river?” asked Simon.
“No,” said Grasso.
Simpson lawyer Ozzie Fumo asked retired Clark County District Attorney David Roger, who prosecuted Simpson, whether investigators ever determined if Galanter helped Simpson plan the 2007 hotel room confrontation with two memorabilia dealers and was in Las Vegas the night before the heist.
“He said he did not advise Mr. Simpson to commit armed robbery,” Roger said.
“And he said he wasn’t there?” Fumo asked.
“Yes,” Roger replied.
Fumo asked Roger to read the transcript where Galanter told Judge Jackie Glass that he “wasn’t there,” “had nothing to do with it,” and learned about it from a cell phone call afterward.
Others have testified that Galanter was in Las Vegas and had dinner with Simpson the night before.
Twice, Roger said, he talked with Galanter about a plea deal for Simpson: once in his office before a preliminary hearing and once during trial.
The first time, “He said, ‘Unless you’re prepared to stipulate to probation for my client, there’s nothing to talk about,’” Roger said. “I said, ‘You’re right, there’s nothing to talk about.’”
The second time, Roger testified, Galanter said that if prosecutors would offer a 24-month sentence, he’d talk with Simpson about it.
Galanter returned, saying Simpson would take no more than 12 months, and Roger said he felt Simpson didn’t want a deal.
“There were no further negotiations” he told Fumo.
Nineteen separate reasons for reversal are being considered in the anticipated weeklong hearing.