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Simpson’s Fate Again In Hands Of Jury

Updated: 8:19 am PDT October 3, 2008

O.J. Simpson's fate is in the hands of nine women and three men in a Nevada court.

The Clark County jury that heard 12 days of testimony and a long afternoon of closing arguments begins deliberating Friday whether the 61-year-old former football star and golfing buddy Clarence "C.J." Stewart should go to prison for the alleged armed robbery and kidnapping of two sports memorabilia dealers.

Prosecutors told the jury Thursday that Simpson planned -- and Stewart helped carry out -- a plan to retrieve personal items that Simpson lost after squirreling them away after he was acquitted in 1995 in Los Angeles of slaying his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

"He had the people to carry the property," prosecutor Chris Owens said of the four men and a middle man who set up the meeting and accompanied Simpson and Stewart to the Palace Station casino hotel Sept. 13, 2007. The other men four men later pleaded guilty and testified for the prosecution along with Thomas Riccio, who arranged the meeting.

"He had the guys with the guns, and he had the guy to get him in the door," Owens said.

Simpson's lawyer, Yale Galanter, told the jury the prosecution didn't prove Simpson was guilty in the criminal case that he said "has taken on a life of its own because of Mr. Simpson's involvement."

"Every cooperator, every person who had a gun, every person who had an ulterior motive, every person who signed a book deal, every person who got paid money -- the police, the district attorney's office, is only interested in one thing: Mr. Simpson," Galanter said.

Stewart's lawyer, Brent Bryson, presented his 54-year-old client as the trial's forgotten man.

"I want to take an opportunity to introduce you to the other defendant in this case, Mr. Clarence Stewart," Bryson said in closing arguments.

Both defendants have pleaded not guilty to all 12 charges against them. Each faces five years to life in prison if convicted of kidnapping, or mandatory prison time if convicted of armed robbery.

Since Sept. 15, the jury has heard 22 often colorful witnesses -- including seven of the nine people who were in the cramped hotel room. They've listened to numerous replays of secret recordings of Simpson before, during and after the alleged robbery.

Neither Simpson nor Stewart testified, and jurors were instructed not to consider that when judging the case.

Clark County District Court Judge Jackie Glass, who rejected several mistrial motions and kept a tight rein on the proceedings, read 41 legal instructions to the jurors and six alternates before lawyers began closing arguments.

In his closing, District Attorney David Roger focused on Simpson as the leader of a conspiracy, and said none of the men with him cared about the memorabilia he was after.

"But there was one person, and that was defendant Simpson," Roger said, raising his voice. "He is the person who put these crimes together. He is the one who recruited these individuals to help him commit the crimes."

Two witnesses who said they brought guns testified.

Galanter argued that Simpson never intended to commit a robbery but wanted to reclaim personal mementos of his career and family life that were being peddled by memorabilia dealers Bruce Fromong and Alfred Beardsley.

Witnesses told of Simpson's repeated declarations that he did not see any guns and did not know guns were to be present in the hotel room.

Galanter told the jury that the incident got out of hand because of former co-defendant Michael McClinton, who has admitted displaying a gun during the confrontation.

"For whatever reason, Michael McClinton takes over," Galanter said, "and when McClinton takes over, he starts yelling and screaming and giving people orders and telling people to bag stuff up. And O.J.'s saying, 'Don't take anything that's not mine."'

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