O.J. Tapes Stay One-Sided for Now

Thu., Sep. 27, 2007 6:24 PM PDT by Natalie Finn

In keeping with the sporting theme of the case, this can be considered a swing and a miss for the defense.

A request from three of O.J. Simpson's codefendants to obtain the audio recordings made by Thomas Riccio, the sports memorabilia auctioneer who set up the meeting that allegedly resulted in a gun-fueled shakedown in a Las Vegas hotel room, was denied Thursday.

Justice of the Peace Joe Bonaventure Jr. concluded the justice court didn't have the authority to order state prosecutors to hand over the tapes before next week's preliminary hearing in connection with the armed-robbery case.

Riccio, who has a criminal record that includes convictions for arson and grand larceny, has said he taped the proceedings to prove memorabilia dealers Alfred Beardsley and Bruce Fromong were trying to sell Simpson stolen goods. He has also maintained that he was completely surprised by what supposedly went down on Sept. 13 at the Palace Station Hotel & Casino.

Simpson has said he went to the hotel to take back collectibles that were stolen from him by a former agent—some of which, such as family photographs and the suit he was wearing when he was acquitted of the murders of his ex-wife and her friend, were not even there.

(The ex-agent, Richard "Mike" Gilbert, has told reporters Simpson gave him that suit when he helped the Hall of Fame running back clean out his Brentwood mansion.)

The reported $80,000 worth of stuff that was toted away from the scene, allegedly at gunpoint, included an All-American team football and 24 baseballs autographed by Pete Rose and Duke Snider.

Defense attorneys representing Michael McClinton, Charles Cashmore and Clarence Stewart—all of whom, along with Simpson and Walter Alexander, are facing 10 felony charges—are looking to discount their clients' role in the incident in any way possible, not to mention discredit the tape itself.

"There are multiple conspiracies charged," William Terry, who represents McClinton, stated in the request he filed earlier this week to obtain copies of transcripts and statements made by the codefendants to the prosecution, in addition to the tapes. "The issue arises…as to the state of mind of each of the alleged participants."

"We need to be able to review the tape and see what the tape says and what is attributed to our client," Cashmore's lawyer, Edward Miley, said Thursday. "We also need to review the tape to see if it has been altered or doctored in any way."

Riccio, who leaked a recording of Simpson yelling, "You think you can steal my s--t and get away with it?" to TMZ, turned over a heap of audio material to authorities last week, including tapes of phone conversations made prior to the meeting gone wrong.

Las Vegas police have said the tapes in evidence will not be made public. Meanwhile, Riccio's attorney, Ryan Okabe, told the Associated Press, "It's going to be clear to everybody that this information is in the original format and has not been doctored in any way."

Jose Pallares, the attorney for Stewart, who is due in court Oct. 4 for a preliminary hearing, is scheduled to go to court Friday to ask that prosecutors present the tapes in the upcoming hearing, saying that the content will exonerate Stewart.

Simpson and the four others face 10 felony counts of armed robbery, kidnapping, assault and burglary with a firearm and one gross misdemeanor charge of conspiracy to commit robbery.

If convicted, Simpson could face life in prison.

The beleaguered 60-year-old flew back to Miami Sept. 19 after posting $125,000 bail and is due back in Clark County court for a status hearing the week of Oct. 22.