Simpson Free After Posting $125,000 Bail

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The New York Sun

LAS VEGAS — In a scene of legal déjà vu, a grayer, heavier O.J. Simpson stood handcuffed in court yesterday to face charges that could put him behind bars for life. The prosecutor who failed to get him a dozen years ago was there to watch, and news cameras tracked his every move as if they were covering a slow-speed chase. But as Mr. Simpson made his $125,000 bail on charges including kidnapping and armed robbery, legal experts were questioning: Could a former football star who beat a double-murder rap really do hard time for a crime that sounds like a bad movie?

Police have laid out a case that makes Mr. Simpson the leader in a tense, armed holdup of sports memorabilia collectors. Some of the facts — including a curious recording of the confrontation — don’t seem so clear-cut.

Legal experts say that issues such as who had rightful ownership of the goods and the reputation of witnesses in the sometimes less-than-reputable world of memorabilia trading could the cloud prosecution’s case.

Mr. Simpson has insisted he was merely retrieving items that were stolen from him earlier.

Alfred Beardsley, one of the collectors who says he was robbed at gunpoint by Mr. Simpson and several other men, told NBC’s “Today” show before Mr. Simpson’s hearing that he didn’t think an audiotape made at the scene was accurate. Mr. Beardsley was arrested for a parole violation yesterday.

The man who arranged the meeting between Mr. Simpson and the two collectors, Tom Riccio, has a criminal record. The other victim, Bruce Fromong, was recovering from a heart attack in a Los Angeles hospital.

“The credibility of the cohorts in the enterprise would be a key issue at trial,” a University of Southern California law professor, Jody Armour, said.

Agreed, said Dennis Turner, a professor at the University of Dayton School of Law. “This is a pretty shady world and pretty shady characters dealing with each other in a pretty shady way.”

A key difference with the 1995 murder trial is that there are plenty of witnesses this time who place Mr. Simpson at the scene, including hotel video surveillance. Mr. Simpson has made no secret he went to the hotel room intending to take the memorabilia and told the Associated Press that a man who came with him brought a truck to cart away the goods.

“It’s not like the murder case involving his ex-wife and Ron Goldman, where Simpson had a completely different story in which he said, ‘I wasn’t there,'” said Doug Godfrey, a professor at the Chicago-Kent College of Law. “A prosecutor only has to show intent. And the intent is, ‘Were you acting in concert with someone with a gun to take property from someone?’ If you were, you’re guilty of armed robbery.”

Simpson attorney Yale Galanter said: “You can’t rob something that is yours.”


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