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OJ co-defendant renews appeal to postpone trial


ASSOCIATED PRESS

3:45 p.m. September 4, 2008

LAS VEGAS – O.J. Simpson's co-defendant renewed his effort Thursday to get the Nevada Supreme Court to delay or separate their kidnapping and armed robbery trial, set to begin Monday.

In an emergency motion to the state high court, Clarence “C.J.” Stewart's lawyer, Robert Lucherini, shed light on a closed-door deposition last week by an FBI audio recording expert and a review of jury questionnaires last week by prosecutors, defense lawyers and Clark County District Court Judge Jackie Glass.

“We're asking the court again to stay the trial and sever the defendants based on the prejudicial answers in the questionnaire,” Lucherini told The Associated Press.

Simpson's lawyers say they're ready for trial.

Simpson and Stewart face 12 felony charges including kidnapping, armed robbery and assault with a deadly weapon in the Sept. 13, 2007, confrontation with sports memorabilia dealers at a Palace Station hotel room. Four other men who were with them that night have accepted plea deals and agreed to testify for the prosecution.

Simpson, 61, a former NFL star, film actor and advertising pitchman, maintains that he was trying to retrieve items that had been stolen from him, that he didn't ask anyone to bring guns and that he didn't know anyone in the room was armed.

Glass delayed the start of the trial once in April, and reset it for Sept. 8. She has since denied repeated requests by Lucherini to sever or postpone the trial, and a state high court panel turned down Lucherini's appeal last week to separate or postpone the proceedings.

On Wednesday, Glass issued an order prohibiting the release of the 26-page questionnaires completed by prospective jurors until a jury is seated.

“Out of the 500 jury questionnaires, 252 potential jurors were excluded,” Lucherini said in his new plea to the state high court.

“A significant number of those jurors excluded were because of their prejudice toward Stewart based upon his relationship with Simpson,” he said. “Of the remaining 248 prospective jurors, it is unknown how many have not explicitly expressed their prejudice against Stewart.”

Lucherini argues it will be impossible for Stewart, 54, a Simpson golfing buddy from North Las Vegas, to get a fair trial sitting at the defendant's table with Simpson.

Stewart's lawyer says he fears jurors will want to “correct a perceived miscarriage of justice” in Simpson's acquittal in the 1994 slaying his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman, in Los Angeles. Simpson was later found liable for the deaths in a civil case. He now lives in Miami.

The stakes are high. A kidnapping conviction carries the possibility of life in prison with the possibility of parole, and a robbery conviction would mean mandatory prison time.

Simpson maintains that he went to the hotel room to retrieve his items, that he didn't ask anyone to bring guns and that he didn't know anyone in the room was armed.

Lucherini also referred to the closed-door deposition by Kenneth Marr, an FBI forensic audio examiner, about the authenticity of recordings alleged to be of Simpson and others talking before confronting the two memorabilia dealers.

Glass sealed Marr's videotaped deposition until it can be shown to a jury. Lucherini said in the documents filed Thursday that Marr could not authenticate the recording.

Lucherini said that leaves a crucial question unanswered – how Clark County District Attorney David Roger plans to prove the authenticity of recordings central to conspiracy charges in the case.

Lucherini said Stewart wasn't at the pool, and will present witnesses who will testify to his whereabouts at the time.

“Our motion is asking the Supreme Court to continue the trial so we can get the district attorney to tell us how they are going to authenticate the recording,” Lucherini said. “We want our discovery under due process rights.”


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