O. J. Simpson and Co-Defendant Appeal Convictions
[Guest post by DRJ]
Attorneys for O. J. Simpson and a co-defendant, Clarence “C. J.” Stewart, argued their appeals before the Nevada Supreme Court yesterday. Stewart’s argument that the trial focused too much on Simpson and compromised his rights may give him a better chance of success than Simpson. In addition, their Batson claims could benefit both:
“Justices questioned the dismissal of the last two black women from the prospective jury before the panel was seated with no blacks. Both Simpson and Stewart are black.
[Prosecutor David] Roger denied race was a factor. He said both women claimed hardships and religious beliefs that would make jury service difficult, and reported experiences that could have made them biased against the state.
[Stewart’s attorney Brent] Bryson said several other jurors said they went to church and had interactions with police.
“What’s the major difference? Skin color. That’s it,” he said.”
At the last link, a Las Vegas defense attorney interviewed about the case highlighted the Batson and co-defendant issues as the most likely to be successful.
— DRJ
I remember reading that the victims of the kidnapping were not even moved.
Michael Ejercito (249c90) — 6/12/2010 @ 6:33 pmSo what? If I point a gun at you and tell you not to leave or I will shoot you, that is just as much kidnapping as if I take you with me.
Machinist (497786) — 6/12/2010 @ 7:10 pmUnder this interpretation, every rapist is a kidnapper.
Michael Ejercito (249c90) — 6/12/2010 @ 7:13 pmPerhaps some of the resident lawyers here will correct me but I believe I am right. If I restrain you under threat it is kidnapping, even if I keep you on site. I am no lawyer.
Is movement required? How far?
Machinist (497786) — 6/12/2010 @ 7:29 pmIANAL but I beleive the difference is whether the restraint is a neccassary part of teh underlying or ancillary crimes. I.e. in a rape you must of neccassity restrain the victim thus kidnapping is not usually charged as a seperate crime. In armed robbery restraint is not necassarily required, thus if restraint is allegd it is more likely to be charged.
Have Blue (854a6e) — 6/12/2010 @ 7:35 pmMeant to include in that I welcomed the attornies on the site to correct me.
Have Blue (854a6e) — 6/12/2010 @ 7:36 pmI’m not an attorney, but per Wikipedia (all emphasis mine):
qdpsteve (5eb540) — 6/12/2010 @ 7:46 pmI thought that they moved the guys in the hotel room from the bedroom to the bathroom at gunpoint.
Chris (55970e) — 6/12/2010 @ 7:50 pmI don’t know much about criminal law except what I learned in school, but in Texas law distinguishes between “unlawful restraint” and “kidnapping.” A person can be restrained if their liberty is impaired by any means, including deception. But to be kidnapped, a person must be restrained in a secret place or by force or threat of force. In the O.J. case, and if Nevada law is similar to Texas law, I assume the use of weapons and threats would bump this into a kidnapping case.
As for charging kidnapping vs rape, here are some issues I can think of:
1. You have to prove each element of the crime to convict someone of a crime. Thus you should be able to convict someone of rape and kidnapping because the elements of each charge are not the same, provided you can prove the elements of each.
2. However, you can’t convict someone of multiple crimes based on the exact same facts. Thus, to the extent the elements of aggravated rape (rape + restraint with the use or threat of force) requires proof of the same elements as rape + kidnapping (rape + restraint with the use or threat of force), then you have to choose one or the other. In most jurisdictions, the penalties for aggravated rape would equal or exceed penalties for the other charges.
But I don’t do this, so hopefully anyone who does this for a living can correct me or amplify on what I’ve said.
DRJ (d43dcd) — 6/12/2010 @ 7:58 pmWhat DRJ said. Illinois and Texas both seem to have adopted the Model Penal Code.
As for “one act, one crime”, that’s a sentencing consideration. You can have multiple convictions arising from the same act as long as the elements of each crime that you are convicted of are different from the others. Whether you should receive consecutive or concurrent sentences for commiting two or more crimes at the same time with the same act is a legislative (or state constitutional) decision.
nk (db4a41) — 6/12/2010 @ 9:10 pmAnd I also think the Batson issue is likely the most successfull, but not in the Nevada courts. In a habeas corpus petition in a federal court once all state appeals have been exhausted.
nk (db4a41) — 6/12/2010 @ 9:17 pmI have been interested in the description of Ron Goldman as “her friend Ron Goldman” for a long time. I thought the story at the time was that he was a waiter returning her glasses, which she had left at the restaurant. Then there was a bit of gossip that he was more than that to her. I don’t want to speak ill of the dead but I do wonder a bit at the motive. Was it just a blind rage in which Goldman was an innocent bystander or was it a rage at finding the boyfriend there?
Oh, and I denounce myself.
Mike K (82f374) — 6/13/2010 @ 11:26 amjust a blind rage
OJ raped Nicole on their first date. I believe Denise Brown said that; not sure.
Vermont Neighbor (5841cd) — 6/13/2010 @ 12:08 pmInnocent bystander, IIR. Wrong place wrong time.
Vermont Neighbor (5841cd) — 6/13/2010 @ 12:13 pmEliminating an eyewitness was more like it.
Michael Ejercito (249c90) — 6/13/2010 @ 1:01 pmI hope O.J. succeeds with this appeal. Once released we will witness another crime by him. Then we can blame his incarceration for the new crime. After he beats the next charge and commits another crime we can blame the failure of the justice system. O.J. will be happy since he has never done anything wrong. I will not be racist for thinking he is evil.
highpockets (cf4a2b) — 6/13/2010 @ 4:48 pm