All OJ All the Time - It's Like DeJa Vu All Over Again
From the Desk of Mace

OJ is going through what is probably the most publicized Preliminary hearing (PLH) in the State of Nevada. A PLH is a probable cause hearing for the justice court judge to decide whether there is enough evidence to "bind over" a defendant and referred him or her to the Felony court to be tried. The standard of proof is extremely low: "slight or marginal evidence". (unlike a criminal trial, in which the standard of proof is "beyond a reasonable doubt" Just because a Defendant proceeds from the PLH does not automatically mean he or she will be found guilty. If a witness can fog a mirror and says the Defendant did anything that is remotely connected to the crimes charged, he or she will "bound up" to stand trial. I’m sure OJ will be bound up on at least some of the counts.

Generally a PLH is a quick hearing since the outcome is essentially a foregone conclusion. The defense generally does not present any evidence, preferring to wait until trial. The defense does get an opportunity to examine the State’s witnesses and have their testimony preserved for the record. I’m sure OJ’s lawyers will claim that the witnesses lied..But not for OJ

During the PLH, OJ heard a sports memorabilia dealer testify on Thursday that the former football star helped lead a September "military-style invasion" of a Las Vegas hotel room. Shades of Napoleon, Batman!

Dealer Bruce Fromong said he never saw Simpson carrying a gun during the incident, but at least two of the men accompanying Simpson were armed. Simpson ordered his associates to keep Fromong and another dealer, Alfred Beardsley, in the room as sports memorabilia was removed, Fromong testified. He quoted OJ as saying "Don't let anyone out of the room. Nobody leaves."

Fromong said Simpson also insisted that the merchandise the dealer had been trying to sell at the Palace Station casino was "all my sh-t" the central question int his case is it possible to rob someone that has one’s own property..The classic definition of robbery is the taking and carrying away the personal property " OF ANOTHER" by force or fear. ‘"Give me the stuff Or I’ll beat the crap out of you, or something like that. IF one uses a weapon it becomes armed robbery "technically "robbery with use of a deadly weapon" the penalty is 24 months to 18 months in Nevada State Prison" also there is a deadly weapon enhancement, that will add more time that MUST run consecutively .

Also Thursday, prosecutors played six-minutes of the audio taped confrontation, in which Fromong tried to reason with a clearly angry Simpson. After Simpson and his associates left, Fromong could be heard saying, "We were just robbed at gunpoint by OJ .Simpson."!

Thomas Riccio also testified Thursday. He set up the meeting between Simpson and the memorabilia dealers and is the one who made the audio recording of the incident. Simpson decided to go ahead with a sting operation to retrieve stolen merchandise, Riccio said on the stand. He also said there was a gun It’s interesting to me that there just happened to be recording equipment at the time. the incident. . But he also said it was possible Simpson did not see the gun, as he was standing in front of the man who had it and facing the other way.

Riccio, who said he was given immunity for his cooperation in the case, later sold the audio recording of the encounter to the gossip Web site TMZ. ( How convenient and profitable)

One man in the group with Simpson pulled a gun during the incident, he said. Riccio testified that after Beardsley approached him with an offer to sell stolen Simpson merchandise, he contacted both Simpson and the police. But the police refused to get involved in what they believed was a civil matter.

Riccio said he also talked to the FBI about a plan to get Beardsley to admit on video that the material was stolen, then sell the video as an exclusive .Simpson said he wanted to keep the items for his family, not sell them, Riccio testified. He also said that at a party before the incident at the Palace Station, Simpson talked excitedly about the plan to get the merchandise back -- and was urged by his family not to do it.

Riccio asked them (Beardsley and Fromong )to carry the items into the hotel room so the buyer could inspect them, Fromong said. Once the men were inside the room, the door burst open and a group of men, including Simpson, entered, Fromong testified. During the encounter, which lasted five to six minutes, Fromong said, one of the men drew a semiautomatic weapon and pointed it at him, while another man had a gun in his belt

Although, it has been alleged that guns were involved ,Co Defendant Charles Cashmore who is now cooperating and testifying for the state ,who was there states there was no guns involved.

As I previously said, there is no doubt in my mind that OJ will be bound over. But is there enough evidence to convict him of stealing what is purportedly his own stuff? One of the issues at trial is ow believable are the Co defendants that are now testifying on behalf of the State. One of the things I like to discuss is"the truth never changes" a I ask the witnesses if they agree Of course they will agree. So if their story changes then obviously both versions can not be true. I will point that out the jury. The question I would love to ask is "Are you lying to me then or are you lying to me now?" But I’m sure the DA and most likely the court would find it objectionable.

One of these days a witness will answer no to that question. I cant wait. I’ll ask is there a morning truth ,afternoon truth and evening truth? Your truth , my truth and the jury’s truth. How could a jury believe that witness?

It’s been reported that OJ is facing charges that could put him behind bars for life if he is convicted..I don’t condone what he did if he is convicted, but life imprisonment? Celebrity has its drawback In this state the penalty for involuntary manslaughter is only 1 to 4 years, .If this incident took place with a non celebrity Defendant, without a criminal record, most likely there would be a plea deal. And he would probably get probation and not do any prison time. No mater what all of us may think OJ was acquitted and he has no criminal record.

Everyone says that celebrites are treated differently by the court system, implying that they get preferential treatment. But it cuts both ways. Fame is a double edged sward and it looks like the first cut is the deepest. I’m sure OJ hopes he can stop the bleeding quickly .Stay tuned for further OJ stories