The Movable Buffet

Dispatches from Las Vegas
by Richard Abowitz

Category: O. J. Simpson

O.J. Simpson meets the Nevada penal system

October 4, 2008 |  8:34 am

Ojsimpson_k87xb9nc 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)


As the O.J. Simpson case shows, giving interviews can be a lucrative profession

September 23, 2008 |  8:30 am

Thomas Riccio earns much more money than I do, simply by talking about  O.J. Simpson, his former friend who he secretly taped and finished testifying about Monday.

Oj_simpson_k7posznc_300 I think one thing that has amazed me about the Simpson case is that so many media outlets that cover the case were allegedly willing to pay for information and interviews. When TMZ scored Riccio's tapes of the confrontation, the editor of the site was on "Larry King Live." He did not say how much TMZ paid for the tapes, but with a jaded attitude, he noted that any outlet would have paid for those tapes. I was surprised by his certainty on this point, because to the best of my knowledge, none of the organizations that I work for would ever pay for an interview (including the L.A. Times, Rolling Stone and Las Vegas Weekly).

I don't mean to sound artificially lofty. There are plenty of ethical challenges and complexities to covering Vegas that keep one dancing in the minefield. We all navigate this aspect of Vegas as best we can with the guidelines our employers offer and our sense of how to behave in situations not anticipated by those guidelines. As a recent example: I accepted media review tickets to the premiere of Donny & Marie at the Flamingo on Thursday night. It is work to be there, as I plan to write about the show for you Friday morning. But along with the invitation came an offer of a free dinner for two at either of two of the Flamingo's expensive restaurants. This was not meant by the Flamingo as a bribe. In the way resorts think, once you have media on property, you show off what you have in hopes that this will merit future attention. The Flamingo is not thinking a trip to the steakhouse will make a critic into a fan of Donny & Marie. But still, when the Flamingo followed up with a phone call to me last week to find out when I wanted my reservation, I declined the free dinner. I do not fault other writers who accepted the meal. On other occasions, particularly when getting a tour of a closed nightclub with the registers off-line, I accept a free soda. My point is that particularly in covering Vegas, your ethics are something you must guard with care, and you must not be casual about accepting anything that resorts offer. The resorts want to get the word out on shows and amenities, and journalism rules are not their concern or interest. They think with a hospitality model.

Anyway, back to the subject for paying for interviews. That has no gray to it. I simply won't do that, and (I don't pretend to stand alone) neither would any of my colleagues (at least that I am aware). If paying for interviews is practiced by the local Vegas press corps, then it is done so underhandedly; I have never been suspicious of anyone's access for interviews. Also, I have never been asked for cash for an interview or assistance getting an interview.

This is in part the way the press is used in Vegas; the people we interview are essentially bribed on the resort end to talk to the press. Vegas has many ways to compensate celebrities, from free rooms to hosting fees at nightclubs to gambling chips for playing. But in exchange for all of that, talking to the press is something the celebrities do for the resorts to sing for their supper. In the Simpson case, I am truly surprised by Riccio's allegations of just how many people were willing to pay him. He testified that TMZ paid him $150,000 for the tapes. The Review-Journal then summarized the following testimony:

"He (Riccio) also said "Entertainment Tonight" paid him $25,000, the Howard Stern radio show paid him $20,000 through a sponsor, and ABC paid him $15,000 under the guise of paying for a Simpson photo."

Of course, Riccio has proved a less than reliable witness. And how someone sees a payment matters. To give an example, a close friend of mine who does not give a lot of interviews about her work was profiled in a national magazine with a strong reputation for good journalism. She agreed to be interviewed for the story, because of the integrity of the magazine's reputation. The magazine also photographed her in Vegas. After the photograph ran, she was surprised to be contacted by the magazine, which asked for her Social Security number, and then she received a check for a substantial modeling fee. This had no influence on her decision to be interviewed for the story, especially because she did not expect to be paid for the photo. But $15,000 would be a lot for a photo of Simpson when there are so many of them available already.

(Photo O.J. Simpson  during his trial at the Clark County Regional Justice Center courtesy Getty Images)


Poor turnout for Simpson trial

September 19, 2008 | 10:39 am

The Vegas economy can't get a break. Even the O. J. Simpson sequel is turning into something of a dud.

Yesterday I went down to the Clark County Regional Justice Center to check out the scene at the O. J. Simpson trial. The place was deserted in terms of spectators on the street. There was no one hanging around the courthouse this time trying to attract attention. For the first day of jury selection there had been a woman in a superhero costume and a man wearing only a barrel. These attention seekers have moved on for now. But there were still metal barricades all around of the sort used to close streets for parade routes, erected  pointlessly, and the officers meant to man them were hanging out in groups because there was no crowd to police.

On television the courtroom itself looks about half empty. You can see Dominick Dunne sitting alone, a compelling figure in the back. The press overflow room  was fairly empty as well. It was my first trip there and I was quizzed on my identity by bored reporters. Other reporters who had to send Twitter updates stayed very focused on the television monitor. Obviously, more than 500 of the almost 600 credentialed press were not present. But those who were in the room found the morally flexible Thomas Riccio an endlessly funny witness.

I did not enter the courtroom this trip because the Los Angeles Times had one reporter using the outlet's allocated media seat as well as another reporter in the overflow room. In more crowded circumstances I would have felt underfoot but there were plenty of seats available, thanks to all who were not there.

The press overflow room is a classroom  on the fourth floor of the courthouse. The rooms around us are in use during the Simpson trial for mandatory classes for drunk drivers, lessons on impulse control and anger management. Here's one conversation I heard between a couple of teenagers leaving a class while we shared an elevator ride:

"What are you here for?"

"Traffic. You?"

"Long story. I had a knife."

"Oh."

I went for coffee with a local defense attorney, retired judge and spoken word poet Dayvid Figler who is following the trial as an on-air expert for a cable network. He remains convinced that Simpson is overcharged. It is an opinion, interestingly shared by Simpson. The Sun quotes the retired football player in this exchange with a courtroom observer during a break:

“They’re trying to frame you,” the observer said.

“They overcharged me, that’s what they did,” Simpson said.

So, which charges would Simpson be OK with facing?

Anyway, Figler is convinced Simpson will take the stand in his defense. On the way back to the courthouse, we ran into Louis Schneider, the attorney for Bruce Fromong. His first words were to recount for Figler his excitement at seeing his name in all the media outlets covering the trial. He also, without being prompted, shared with us what he credited as his client's explanation of what happened to the two people Simpson was accused of murdering. It was unexpected, and, for a a lawyer, he was a tad giddy. Even a diminished Simpson trial is far more attention than local lawyers are used to getting.


Could O.J. Simpson tapes be faked?

September 18, 2008 |  9:33 am
Today I am heading to the O.J. Simpson trial for the first time this week. I have seen a lot of the trial on television, as it is being covered in its entirety on cable in the Vegas area. I was especially interested in the testimony regarding the security cameras at the Palms, and how those "thousands" of cameras can follow a guest from the moment he enters the front door up until he enters his room. Also, there were some brief mentions of face-recognition software. But I did not catch them going into any details on this amazing technique and how it works. Attorneys on both sides offered that they wished to respect the Palms security protocols.

The other testimony that interested me was from the FBI audio experts (one in previously recorded video testimony) on the digital voice recorder used in the case to secretly tape the events that transpired. You can hear for yourself the evidence dubbed the Riccio tapes along with other evidence available on the Clark County site.

Anyway, Riccio and I both use an Olympus Digital Voice Recorder model VN -4100PC. As designed it is absolutely impossible to place altered recordings (or any recordings) back onto the recorder from a computer. You can only move them as recorded from the machine to a computer. But under questioning from experts, there seemed to be some confusion over whether some software (not supplied by Olympus)  could be used or designed to allow this reverse process to happen. The attempt by the defense was to raise doubt about the authenticity of the tapes with the jurors. In fact, one defense lawyer challenged the authenticity of the tapes, claiming to detect manipulation. But a step has been skipped. So, I am curious if anyone reading this knows a way to place files from a computer back onto a VN-4100PC? I spent a few hours on the riddle yesterday and had no success. It will be interesting if the defense can go further and offer the jury someone connected with the case who could have had the computer know-how and the opportunity to alter the seven digital files in question. That could change the entire nature of the case.

Simpson day one doldrums: Did the dog smell food?

September 9, 2008 | 10:44 am
I dropped by the O. J. Simpson trial for a few hours yesterday. I didn't actually plan to go see jury selection, but I was assigned to check out the scene outside the courthouse for Las Vegas Weekly (where I am on staff).

It's just as well that I did not want into the courtroom since special credentials were needed. This is not something normally done in Vegas. In fact, Michael Sommermeyer, the court information officer, told me that the only other time he has had to do credentialing was for the Simpson preliminary hearing.

Outside the courtroom, the media and police on security detail far outnumbered the handful of attention seekers. There was a woman costumed as a superhero who was there to spout the name of a site. There were two men doing variations on the theme of nakedness, with one spouting Bible verses and another who was wearing only sandals and a barrel and protesting his own court case. Not a big turnout for a town the size of Vegas. Otherwise, it was mostly people with other court business. Considering there were 600 media credentials issued before the trial, there was not much press there.

I popped into the pressroom where there was a feed of the trial. I knew a couple of the writers. But the room had only a scattering of journalists and was mostly empty. It is clear that many of those credentialed 600 have yet to arrive. Perhaps they are waiting to see how much interest Simpson still generates or until after the doldrums of jury selection. Or, as the Review-Journal, estimating the press corps for Simpson day one at only a few dozen strong, put it, the rest of the press is "choosing to skip what is generally considered one of the least interesting aspects of a trial." Even the press is more sophisticated about trial coverage than back in the days of Simpson's murder trial. We will see how the room fills up as the trial progresses.

David Kihara of the Review-Journal, in a sidebar, caught the best story to emerge from day one.  One of the security measures taken for the Simpson case involved a sweep using ATF bomb-sniffing dogs. A dog "showed interest" in a judge's pickup truck. And not just any judge -- the very judge whose courtroom is being used for jury selection. Checking the truck bed, law enforcement discovered a bag of dry dog food.

But what makes this story really funny is that when Kihara contacted the ATF for comment on the obvious, the agent in charge of the Las Vegas field office insisted the dog did not react to the dog food. According to Kihara, the agent "Instead . . . surmised the dog might have smelled something on the ground or even the remnants of a firecracker."

Beyond the circular argument of the dog being trained to detect gunpowder and not food, why would the agent think remnants of some hypothetical firecracker were outside the courthouse, especially where a judge is asigned to park? One hopes the ATF has ruled out the possibility that a dog trained to smell out bombs with care for trainers might also react on its own initiative to smelling dog food before declaring with such certainty that this was impossible. Dog, and dog food, I mean, not to bring a Johnnie Cochran level of suspicion to law enforcement evidence, but come on.

The O. J. Simpson show is coming to town

September 3, 2008 | 12:12 pm
Just when the Las Vegas economy needs a boost at the end of the summer doldrums, the O.J. Simpson trial starts Monday in front of Judge Jackie Glass. The only outstanding issue that might delay this much-anticipated event is an appeal to the Nevada Supreme Court by defendant Clarence "C.J." Stewart asking for his trial to be separated from Simpson's case. Stewart's lawyer is also trying to delay the trial. Glass wants to go forward with one trial for both defendants and no delay. Judges usually win.

Interestingly, the same judge's behavior was being argued over in the Nevada Supreme Court on Tuesday. Glass runs Clark County District Court's special competency court that evaluates a defendant's mental capacity. According to the Review-Journal, in the article "Judge's Methods Being Reviewed," the ACLU "was concerned that Glass was sacrificing constitutional rights of defendants in exchange for court efficiency."

Of course, the right to a fair trial is at the heart of Stewart's argument to be tried separately from Simpson. Earlier, according to the Review-Journal, Glass rejected the argument from Stewart's lawyer that it would "be impossible for Stewart to get a fair trial because of Simpson's celebrity."

But win or lose on the separate trial issue,  Stewart's lawyer would have to be a total neophyte to believe that any court reckoning of this saga could escape Simpson's infamy; not only does the case center on
memorabilia from the career of the disgraced former football player, but also on Stewart's suspected role in participating in so many activities at Palace Station that night where he allegedly had Simpson's back. 

So it seems that barring a surprise last-minute intervention from the Nevada Supreme Court on behalf of Stewart, the O. J. Simpson trial begins Monday.

Update:  As expected, the Nevada Supreme Court has rejected Stewart's appeal to delay or separate his trial from Simspon; there are now no remaining barriers to the trial of Simpson and Stewart beginning on Sept. 8 in Vegas.





The most famous hotel in Las Vegas

September 24, 2007 |  7:32 pm

On Saturday night comic Mike Saccone greeted the audience at LA Comedy Club with this: "Welcome to the Palace Station, the most famous hotel in Las Vegas."

Just a short time ago this joke may have worked because this locals' casino is utterly unlike the famous spectacle of the Las Vegas Strip.

But now the humor lies in the fact that despite the countless advertising dollars spent to promote Las Vegas Boulevard, Simpson's arrest for allegedly robbing sports memorabilia from a Palace Station
room has genuinely, albeit briefly, made this casino--which is a short hop from the Strip, yet a world away--the most famous property in Las Vegas.

"Don't worry," Saccone went on to reassure the audience and underscore his point, "the building has been cleared of all burglars and the murderers. It is the same person, by the way."

Booking agent Matt Chavez expected his audience to be about 75 percent locals last month when he opened LA Comedy Club (which offers two shows a night, seven nights a week) at Palace Station.

But when comic Saccone asks for applause this night from all the locals in attendance, the packed room turned out to be less than half locals. Call it the O.J. Simpson bounce. "It has definitely brought us a lot of attention," Chavez says.

More than a lot of attention, actually. Lori Nelson, director of corporate communications for parent company Station Casinos, tracked more than 4,000 television appearances of the Palace Station logo used in stories related to Simpson during that one-week period (a total that excludes radio, newspapers, magazines and the Internet).

With the possibility of an O.J. Simpson trial in Las Vegas, Palace Station probably will be a primary beneficiary, thanks to the law of unintended consequences.

But for LA Comedy Club, an additional payoff is the material.

"The comics we had the night (the O.J. Simpson story broke) were using it," Chavez said. "It was brought up immediately at this club. The audience loves it. This is the place it happened."


Palms owner Maloof is glad Simpson is gone

September 21, 2007 | 11:07 am
Apparently, the Palms has had enough O. J. Simpson.

The usually celebrity loving and circumspect Palm's owner George Maloof, tells Norm this about the resort's recently departed notorious guest: "It's highly unlikely he would stay here again. We don't need the drama.... It was a disruption and hindrance to our other guests."

Also, just as disrupted and dwarfed by O. J. Simpson's Palms visit was all of the positive media attention the Palms was getting for hosting MTV's Video Music Awards.

Even the media savvy Maloof seems overwhelmed by the scale of Simpson coverage. "This was nonstop for a week," Maloof tells Norm, "It just kept going. We had hundreds of media calls."
 


If he did it, another book thrown at O.J.

September 18, 2007 |  7:37 pm
It looks like the Clark County District Attorney has thrown the book at O.J. Simpson.

The prosecution has even charged beyond what the police requested by adding, among the 10 felony counts, what local defense lawyers tell me is now the most serious charge in the indictment:  "first degree kidnapping with use of a deadly weapon."

According to one lawyer who did not want his name used because he had not read the charges: "Kidnapping takes that case to another level. That is going for a life sentence."
Out of curiosity, I asked another defense lawyer (who is not directly involved in the case but who is very familiar with the prosecutors and judges involved ), if the defendant wasn't O.J. Simpson, what sort of plea deal Joe Citizen would likely be offered by the DA on these charges?

The answer: "3 to 7 years."

O.J. stays in Vegas, authorities prep instant replay

September 17, 2007 | 10:03 am
So, it has happened: O.J. Simpson is the latest tourist to come to town for a Vegas weekend and wake up Monday morning in a Clark County cell.

Time will tell if he planned his alleged memorabilia raid before getting on the plane to Vegas, or if this foolhardy scheme was the sort of spontaneous eruption that Vegas encourages by always seeming to be more wild and accepting of licentiousness than anywhere else in the country.
But the fact remains, inside any Las Vegas casino -- with surveillance cameras backed by a well-trained security force -- very little out-of-control behavior is tolerated.

And, when things turn out-of-control, the resorts are perfectly capable of working with Metro police to build some very tight cases.

The cameras will show how the room was entered and by whom, how long people were in there, the manner of their departure and what items they left the room holding. Of course, that leaves plenty of opportunity for misunderstanding.

In this case, TMZ claims to have a complete audio of what took place in the room, too.
A few times, during the many interviews O.J. gave here, he invoked the town's famous marketing slogan to complain of his treatment. He quipped to an LA Times reporter: "I thought what happens in Las Vegas stays in Las Vegas."

And that is true. O.J. Simpson is still here.




Advertisement

About the Bloggers

Recent Comments


Categories


Recent Posts
Movable Buffet: Final entry |  November 4, 2009, 1:05 pm »
Photos from Fangoria: Trinity of Terrors |  November 1, 2009, 8:45 am »
Oops, I am a tourist (and it's expensive) |  October 31, 2009, 10:00 am »
Fright Dome: Huge haunted houses at Circus Circus |  October 30, 2009, 11:47 am »

Archives