The Daily Item, Sunbury, PA

News

May 16, 2013

OJ back in court for Day 4 in bid for new Vegas trial

LAS VEGAS — The lead defense attorney in O.J. Simpson’s armed robbery trial had a conflict of interest because he could have been a witness in the case, a lawyer who worked on Simpson’s unsuccessful appeal to the Nevada Supreme Court testified Thursday.

Witness Malcolm LaVergne said that defense attorney Yale Galanter’s conflict was that he had given Simpson legal advice regarding his plan to confront sports memorabilia dealers at a Las Vegas hotel in 2007 and take back what he believed was his property.

“Mr. Galanter may not have agreed with it, but he enabled him to do it,” LaVergne said during a hearing on Simpson’s bid for a new trial.

Simpson testified earlier that Galanter told him he was within his rights to take back his property as long as there was no violence and he didn’t trespass. “I followed what I thought was the law,” the 65-year-old former NFL star and actor said Wednesday in his first testimony about the Las Vegas incident.

LaVergne said that had Galanter’s involvement been known he would have had to declare a conflict of interest and step out of the case. In addition, he said, Galanter’s exorbitant fees meant he was putting his own financial interest ahead of the interest of his client.

“From what I know now, absolutely. There’s no doubt about it,” LaVergne said under questioning by Simpson lawyer Patricia Palm.

LaVergne took over as Simpson’s local counsel for an appeal in 2010, after another Las Vegas lawyer bowed out in a dispute over fees with Galanter, a Miami-based attorney who is scheduled to testify Friday.

LaVergne said he found Galanter wasn’t open to any suggestions in the case.

“Yale was going to have it his way,” LaVergne testified in the fourth day of hearing before District Judge Linda Marie Bell, who will determine whether Simpson was improperly represented in 2008 and deserves a new trial.

Simpson is serving a sentence of nine to 33 years in prison.

The focus since Monday has been on Galanter’s promises, payments and performance while representing Simpson at trial and staying with the case through oral arguments in a 2010 appeal that was rejected by the Nevada Supreme Court.

“Mr. Simpson was very cordial to Mr. Galanter, and Mr. Galanter ran the show,” LaVergne said, recalling his first meeting with the two.

LaVergne said Simpson went along with what Galanter wanted. But he said he later found out that Simpson was unaware of any of the legal issues being raised in his appeal and had not seen copies of the briefs submitted on his behalf.

LaVergne said Simpson wanted him and Galanter to split oral arguments before the state high court, but Galanter rejected that.

Palm entered into evidence about seven pages of June 2010 emails between the attorneys about the issue.

LaVergne recalled that at one point in the exchanges, he told Galanter he was being “disrespectful” to him and Simpson. He said when he reported later to Simpson that Galanter made the oral presentation, Simpson was surprised.

Palm asked LaVergne if Galanter ever discussed “a conflict in his representation” with Simpson, and LaVergne said no.

“I was concerned,” LaVergne said. “The biggest concern was that Mr. Simpson’s appeals were not going well and another set of eyes could look at his case.”

After the appeal was denied, Galanter wanted to skip any other possible state appeals and go directly to federal court, witnesses have asserted.

LaVergne said that was when Simpson broke with Galanter.

On Wednesday, Simpson testified that LaVergne and “jailhouse lawyers” were telling him at the time that he was throwing away his last chance to claim ineffective counsel.

Earlier Thursday, there was testimony by a lawyer who has hounded Simpson to collect a multimillion-dollar civil judgment after Simpson’s “trial of the century” acquittal in the 1994 stabbing deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman.

Attorney David Cook said items taken in the hotel room heist didn’t really belong to Simpson.

Cook, testifying for the state, said his client, Ron Goldman’s father, still has ownership rights to nine airless “game” football mementos that a California judge ordered returned to Simpson in 2009.

“We have some right to the footballs if they appear on the market,” Cook said.

But Simpson testified Wednesday he would never sell what he termed his “stuff.” His lawyer Ozzie Fumo, on cross-examination Thursday, made Cook concede that the footballs were returned to Simpson’s attorney — along with neckties, awards and an autographed photo of Simpson with former FBI Chief J. Edgar Hoover.

Cook has been representing Fred Goldman since 2006 in efforts to collect a share of a $33.5 million judgment awarded in February 1997 to the estates of his son and Nicole Brown Simpson.

H. Leon Simon, attorney for the state, called Cook to the stand to rebut Simpson’s testimony that he only wanted to retrieve personal belongings when he and five men confronted the sports collectibles dealers.

Outside court, Cook said the original judgment of $19 million to the Goldman estate, with accumulated interest, is now more than $45 million. He said only some of it has been recovered.

“This is an eternal odyssey,” Cook told The Associated Press. “There is no closure here. Fred Goldman rejects closure.”

The state on Thursday also called a psychiatrist, Dr. Gregory Brown, to rebut testimony from a psychiatrist, Dr. Norton Roitman, who suggested that Simpson’s perception of what happened in the hotel room may have been narrowed by sleeplessness, stress and the effects of several hours drinking alcohol before the confrontation.

Brown said he saw no obvious evidence that Simpson was impaired.

 

1
Text Only
News
  • Prize claim cost man $1,829

    WINFIELD — Western Union is doing what it can to educate people about the risks in wiring money. An entire section on its website (www.westernunion.com) is devoted to providing information that might reduce the risk of people falling victim to fraud schemes.
     

    April 19, 2014

  • Reel good time enjoyed by 200 young anglers

    TREVORTON — It only took about three minutes for J.C. Wallish to reel in his first fish at the Little Shamokin Creek Watershed Association’s annual Youth Trout Derby on Saturday.
     

    April 19, 2014

  • Elytte Barbour's 'bad trip' put him on the road to prison, friend says

    SUNBURY — A former roommate of slaying suspect Elytte Barbour drove 450 miles from North Carolina to spend 45 minutes in the Northumberland County Prison with his best friend last week, and was not surprised when he heard Barbour say: “I am afraid to spend the rest of my life in jail.”

    April 19, 2014

  • bonehunt20a.jpg 60 dogs battle for biscuits at annual bone hunt

    It was a scene similar to ones playing out all over the nation this weekend: nervous parents holding baskets and bags, watching their little ones search for goodies in the grass.

    April 19, 2014 1 Photo

  • Arizona tribe set to prosecute first non-Indian under a new law

    PASCUA YAQUI INDIAN RESERVATION, Ariz. — Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a Circle K convenience store and pointed to the spot beyond the reservation line where his officers used to take the non-Indian men who battered Indian women.
     

    April 19, 2014

  • Danville parents hope strike ends quickly

    DANVILLE ““ First-grader Madison Wild was sad she missed school Thursday.

    April 19, 2014

  • Schools ask state to waive 180-day rule

    Three area school districts have asked the Pennsylvania Department of Education to add up their hours instead of their days in order to reach the required amount of instruction time in the school year.

    April 19, 2014

  • Former Bucknell star in NBA playoffs

    ATLANTA — It really hit Mike Muscala a few days ago when he was listening to the Nets’ starting lineup at the Barclays Center in Brooklyn.

    April 19, 2014

  • State: Discard raw milk from Greenfield Dairy

    MIDDLEBURG — Consumers should discard raw milk purchased recently from the Greenfield Dairy of Middleburg, which also has temporarily suspended production after Listeria monocytogenes was discovered in the product following routine testing, the state Department of Agriculture announced today.

    April 18, 2014

  • Penn State police: Three posed nude at Nittany shrine

    STATE COLLEGE — Penn State police say three male students who reportedly posed nude for a photo at the university’s Nittany Lion Shrine face school discipline.

    April 18, 2014

The Daily Marquee
Poll

How do you eat your chocolate Easter bunny?

Feet first
Tail first
Ears first
     View Results
Photo Galleries
The Valley

Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.