LAS VEGAS (AP) — O.J. Simpson's lawyer won't get a chance to plead for the imprisoned former football star's freedom before the full seven-member Nevada Supreme Court.
The state's highest court issued a terse and
unanimous order Tuesday declining to do what three of its members already
refused to do — hear Simpson's appeal of his conviction and nine-to-33-year
prison sentence in a 2007 armed confrontation with two sports memorabilia
dealers in a Las Vegas casino hotel room.
Simpson lawyer Malcolm LaVergne told The Associated
Press he understood the court's reluctance to hear oral arguments after a
three-justice panel in October denied Simpson's appeal and declined in February
to reconsider. LaVergne said he'll take the case now to the federal courts.
"What judge wants to be put in the position
that they let O.J. go free?" LaVergne asked in an interview. "We'll
work now within the federal court system. That's our option at this
point."
"This is not a fair result for Mr. Simpson,
given the facts of the case," the lawyer added.
In his appeal, LaVergne maintains Simpson didn't
intend to commit a crime because he thought he was retrieving personal items
that had been stolen from him.
Simpson stood trial and was convicted with
co-defendant Clarence "C.J." Stewart of kidnapping, armed robbery and
other charges. Four other men who took part in the caper pleaded guilty to
lesser felonies, testified at trial and were sentenced to probation.
Stewart served more than two years in prison before
the Nevada Supreme Court overturned his conviction with a ruling that Simpson's
fame — stemming from his 1995 acquittal in the Los Angeles slayings of his
ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman — tainted the Las
Vegas proceedings.
Stewart, now 57, avoided a retrial with plea deal
in which he didn't contest felony robbery and conspiracy charges. He was
sentenced in January to three years of probation, including nine months of home
detention.
Copyright
2011 The Associated Press.
