OJ Simpson Factoids
BAIL
Bail was set by the court at $125,000.
$125,000 bail can be posted by cash or the use of a bail bondsman. If cash is posted the court has the right to inquire into the source of the cash. Most likely Simpson would have a friend put up the cash.
If a bond is posted (this appears to be what is happening in the case) the bail bondsman involved would want $125,000 of collateral and a 10% premium or $12,500. The $12,500 would most likely come from a Simpson friend or supporter.
Simpson could use his house for collateral and contrary to commentaries of uninformed analysts his house in Florida would not be subject to the Goldman/Brown civil judgment.
Simpson’s release does not restrict him to the state of Nevada, although the court ordered his passport surrendered to his attorney so Simpson would have to stay on the continental United States.
Simpson was also ordered as a condition of his release that he not make any contact of any kind with the alleged victims in the case.
No electronic monitoring device on Simpson will be required by the court.
PRELIMINARY HEARING AND TRIAL
The Simpson preliminary hearing is presently set for mid-October.
Given the complexities of the case it is most likely that the date will be continued well into the future.
A preliminary hearing is a probable cause hearing to determine if there is sufficient evidence to go forward on a felony jury trial.
Once a preliminary hearing has been completed, assuming there is sufficient evidence to support probable cause of the charges, a trial date will be set.
Jury trial is expected to be one or two years away.
In assembling a trial team on this matter it appears that Simpson’s present attorney, Yale Gallanter will be the lead counsel. Additional members of the defense team will most likely include a local Las Vegas criminal lawyer, a research lawyer, a seasoned criminal investigator, and a litigation consultant.
Defense team costs range between $500,000 and $2,000,000.
DEFENSES
Simpson can argue that he was engaging in a legal recapture of personal property. In order for this defense to be proven Simpson must show that he had a good faith belief the property he went to acquire was his.
For this defense to be complete Simpson must additionally show that he did not know that members of his “Posse” were carrying weapons or intended to use weapons.
The audiotape of the confrontation may show that persons other than Simpson wielded the weapons and ordered the alleged victims to stand up against the wall.
Simpson’s defense must argue that he did not expect things to go as far as they did. He only went there to retrieve property that was rightfully his.
Simpson can also argue that the alleged victims’ versions of the facts are not reliable because of their previous criminal records.
There may also be an issue of a “set up” by witness Tom Riccio.
_____
tags: