O.J. Simpson is testifying Wednesday in court -- something that one of his former defense attorneys said he should have done four years ago to avoid a sentence that might keep him in prison for the rest of his life
Simpson will testify Wednesday about events surrounding the 2007 Las Vegas hotel room raid that led to a robbery and kidnapping conviction. The former NFL Hall of Fame running back did not testify during the trial -- a move that one of his trial attorneys characterized Tuesday as a major mistake by his legal counsel.
That testimony came from attorney Gabriel Grasso as part of a hearing in which Simpson is attempting to prove that he did not receive adequate legal representation from lead attorney Yale Galanter during the 2008 trial. Simpson wants a new trial because he says his longtime lawyer Galanter failed to disclose that he knew about the hotel room raid in advance, told Simpson it was legal and provided bad advice at trial.
The sports memorabilia dealer in the hotel room during the raid told NBC4 he believes Simpson was a "pawn." Bruce Fromong said one of the men pointed a gun to his head and told him he would be shot if he did not cooperate.
"OJ was stupid that night," said Fromong. "In many ways, OJ Simpson was a pawn just as I was."
It's likely Simpson, 65, will repeat his assertion that he was not aware two of the men who accompanied him on a mission to retrieve sports memorabilia at the Palace Station hotel had guns. The former USC Trojans star and Heisman trophy winner said the items went missing after his acquittal in the deaths of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman.
A judge eventually ruled that the items should be delivered to Simpson's civil case attorney.
The new challenge follows the Nevada Supreme Court's denial of Simpson's 2010 appeal, also handled by Galanter. Simpson's new attorney filed the writ of habeas corpus in May 2012, seeking her client's release from prison and reversal of the conviction.
He has already served four years in prison, but must serve nine of the maximum 33-year sentence before he is eligible for parole.
Galanter drew criticism Tuesday from a Grasso, who said he was contacted to work on the robbery-kidnap case.
"I was under the impression that we were operating on a shoestring," Grasso said Tuesday. "There were no experts to be had. We didn't have any money to hire experts."
He also told the court he thought Simpson should have testified at trial.
"I had the distinct feeling that OJ had to testify in this case," Grasso said. "That was our only shot."
Crowds at the courthouse have been small, unlike the 1995 murder trial in Los Angeles and the 2008 robbery and kidnapping trials. Simpson has appeared in court in blue prison clothes and shackles, although the judge Tuesday allowed him to uncuff his right hand so he could take notes during testimony.
Four Simpson co-defendants pleaded guilty to felonies and testified for the prosecution. A fifth defendant, Clarence "C.J.'' Stewart, was convicted and served more than two years in prison before the Nevada Supreme Court ruled that Simpson's fame tainted Stewart's conviction.