October 20, 2012 in Nation/World

O.J. Simpson judge agrees to consider bid for retrial

Ken Ritter Associated Press
 

LAS VEGAS – A Nevada judge agreed Friday to reopen the armed robbery and kidnapping case against former football star O.J. Simpson to determine if the former football star was so badly represented by his lawyers that he should be freed from prison and get another trial.

Simpson wasn’t in a Las Vegas courtroom while Clark County District Court Judge Linda Marie Bell agreed to hear evidence and consider 18 of 22 questions cited in a May appeal by Simpson appeals lawyer Patricia Palm.

The judge dismissed four other grounds on which the 65-year-old Simpson seeks release from state prison, where he is serving nine to 33 years.

The development could put Simpson on the witness stand for the first time. He stood trial in 2008 after authorities said he led five men, including two with guns, in a September 2007 confrontation with two sports memorabilia dealers and a middleman in a cramped room at a Las Vegas casino-hotel.

The judge also granted a waiver of attorney-client privilege on questions in dispute between Simpson and his trial lawyer, Yale Galanter.

A key question will be whether Galanter had personal financial and business interests that posed a conflict that should have precluded him from handling Simpson’s case.

“Galanter was motivated by his own interests, which caused him to materially limit Simpson’s legal representation,” the appeal states. “Galanter remained on the case until rehearing was denied and denied Simpson the opportunity to raise this issue.”

Simpson trial prosecutor Chris Owens protested that Palm was rehashing issues long settled by Simpson’s conviction, which was upheld by the Nevada Supreme Court.

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