Former Clark County District Attorney and O.J. Simpson trial prosecutor David Roger testifies at an evidentiary hearing for Simpson in Clark County District Court on Tuesday, May 14, 2013 in Las Vegas. The hearing is aimed at proving Simpson's trial lawyer, Yale Galanter, had conflicted interests and shouldn't have handled Simpson's case. Simpson is serving nine to 33 years in prison for his 2008 conviction in the armed robbery of two sports memorabilia dealers in a Las Vegas hotel room. (AP Photo/Steve Marcus, Pool)
LAS VEGAS — His leg shackles rattling as he shuffled to and from the witness stand, O.J. Simpson made his own case Wednesday for a new trial on armed robbery charges with testimony that he relied on the advice of his trusted attorney when he tried to reclaim mementos from his football glory days.
“It was my stuff. I followed what I thought was the law,” the 65-year-old former NFL star and actor said. “My lawyer told me I couldn’t break into a guy’s room. I didn’t break into anybody’s room. I didn’t try to muscle the guys. The guys had my stuff, even though they claimed they didn’t steal it.”
Simpson said he took the advice of his longtime former lawyer, Yale Galanter, and didn’t testify in his Las Vegas trial at which he was convicted in 2008 of armed robbery, kidnapping and other charges and sentenced to nine to 33 years in prison.
H. Leon Simon, attorney for the state, conducted a brief cross-examination that focused on some of the same details Simpson attorney Patricia Palm raised about advice Simpson received from his trial lawyers, Galanter and co-counsel Gabriel Grasso.
“Mr. Galanter advised me not to testify,” Simpson reiterated.
“You made a decision to follow Mr. Galanter’s advice, rather than Mr. Grasso’s, and not testify?” Simon asked.
“Yes,” Simpson said.
Simpson did acknowledge that he didn’t have a legal right to take some things from the Palace Station hotel room where he and five men confronted two sports memorabilia dealers — including baseballs signed by Pete Rose and Duke Snyder and lithographs of football great Joe Montana. Simpson said he thought those items would be returned later. He said he didn’t remember taking a hat from one of the dealers.
Earlier, under detailed questioning by Palm, Simpson seemed to describe every minute of a weekend that began with plans for a friend’s wedding and ended with him under arrest.
He said he knew the memorabilia dealers, had no fear of them and certainly didn’t need guns.
“There was no talk of guns at all,” he said. Simpson declared he never even saw guns during the confrontation.
During the trial, two former co-defendants who testified for the prosecution said they had guns.
Simpson’s bid for freedom hinges on showing that Galanter had conflicted interests and gave him bad trial and appellate advice.
Galanter, of Miami, is due to testify Friday. He has declined comment ahead of that appearance.
“He was my guy,” Simpson said of his long friendship and professional relationship with Galanter.
He said Galanter told him he was within his legal rights to take back possessions as long as there was no violence or trespassing.
Grasso has said it was Galanter who convinced Simpson not to testify.
There is no jury in the hearing and Simpson’s fate will be determined by District Judge Linda Marie Bell. It remained unclear Wednesday whether the judge plans to make an immediate ruling or issue a written order later.