Attorney: OJ not likely to get retrial

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LAS VEGAS – A much heavier and older looking OJ Simpson took the stand Thursday, testifying on his own defense.

After serving five years of his nine to 33 year sentence for trying to steal back his own memorabilia in a Las Vegas hotel, the NFL superstar is asking a judge to overturn his conviction.

Cal Western School of Law attorney Alex Simpson said it’s pretty close to impossible.

“Motions for new trial are few and far between, especially on the grounds he’s trying to go for. They are usually fairly hard to meet,” the attorney said.

OJ copyOJ Simpson has to prove his lawyer gave him bad advice, but he must also prove that bad advice made a difference in the outcome of the trial, according to the attorney.

“There have been cases where an attorney has fallen asleep during the trial, been drunk, haven’t shown up for sentencing,” said Simpson. “And in all of those situations the courts have said that even then you don’t get a new trial.”

Alex Simpson has worked on several cases through the innocence project, exonerating the wrongfully convicted.  He said it would take a lot to prove a claim of ineffective assistance of counsel.

“Maybe if he had a video or something that really show the attorney as not just explaining possible avenues to take, but telling him to do the particular thing,” he said.

Most cases involve people with no means to hire an attorney let alone mount a defense.

“It’s not often that you would see someone like OJ Simpson have the resources to get the best attorney possible to also have a claim of ineffective assistance of counsel,” Alex Simpson said.

So why is he doing this? It’s a gamble, but if the judge finds that “The Juice” does deserve another day in court, he could end up walking free.

“Practically speaking, that just means the DA has another opportunity to file charges again,” said Alex Simpson, but he added the likelihood of retrial is slim. “Considering the age of the case and some of the other defendants have gotten their convictions reversed. Mostly what would happen is OJ would go free.”

 

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