O.J. Simpson meets the Nevada penal system
Who knew that jurors arriving at dramatic late-night guilty verdicts didn't die out with the Brothers Karamazov? I wish I had been there. Some hard workers were present including the LA Times' Ashley Powers, who offered an accounting of what happened in the room as Simpson's fate was announced.
Even Dostoyevsky would be confounded by the truly bizarre timing of this conviction on robbery and kidnapping charges on the very anniversary of Simpson's acquittal 13 years ago on double murder charges.
After the announcement of the guilty verdict, as the defense lawyer and retired judge Dayvid Figler had predicted to me back at the start of the trial, Judge Glass immediately ordered Simpson directly to jail pending sentencing. She did not have to do that: Glass could have let him stay free on bail until sentencing. One assumes she will keep Simpson incarcerated through the appeal process as well.
After the controversy over jury selection (the jury, excluding alternates, had no African American members) guaranteed at least one appeal by the defense if there was a guilty verdict, Figler, like the other defense attorneys I spoke to on the topic, told me that the standard wait for the Nevada Supreme Court to hear and decide an appeal is about 2 years. But the Nevada Supreme Court can take as long as they want to take and often take longer.
So, now, even if Simpson were to succeed in appealing the jury verdict and have that verdict vacated by the Nevada Supreme Court, those two or so years will likely be spent behind bars. Even then, under a best-case scenario, if Simpson emerges victorious and the verdict on every charge is vacated by the Nevada Supreme Court, the decision on whether Simpson would stay in jail pending his new trial would be in the hands -- in all likelihood -- of Judge Glass again. No obvious scenario plays out that allows Simpson to walk free after last night's conviction in the short term.
So, as of now, Simpson is no longer a free man, and that will be the case for quite some time. Simpson will stay in jail until sentencing in December and then he will be sent to prison in Nevada. These are likely to be very hard years for Simpson. Nevada's prison system is not meant for celebrities. Because of the seriousness of the charges, there is the real possibility he will ultimately have to be sent to Nevada's maximum security prison in Ely. And there Simpson would likely spend years totally isolated from his fellow prisoners for his own safety.
I reached Figler early this morning to find out how long Simpson is likely to be sentenced by Judge Glass, and ask what Simpson's chances are on appealing the verdict. Figler noted that judges in Nevada have a very wide discretion for sentencing. Simpson could get anywhere from a few years to a possible life sentence. If a gun had not been involved in the case, Figler says, even probation would have been a possibility.
As for the jury verdict and the appeals, Figler noted: "The kidnapping is a hyper-technical finding and I expect that to have a good chance on appeal." But that is only one of the charges, and Figler believes the reality at this point is that that the 61-year-old Simpson could spend many of his remaining years in the prison system of Nevada.
(Photo: Daniel Gluskoter/AFP/Getty Images)