Saturday, November 8, 2008
No Get Out of Jail Free Card for O.J.
At a hearing yesterday, Judge Jackie Glass denied motions for a new trial for O.J. Simpson and Charles Stewart. According to the judge, the seven points cited by defense attorneys Galanter and Grasso did not meet criteria for granting a new trial. Glass said that her ruling could be appealed to the Nevada Supreme Court.
Shackled and in jail jumpsuits, neither Simpson nor Stewart, spoke during the hearing.
Glass also refused to grant release on bail for Simpson and Stewart, saying, "They face life sentences, mandatory prison." So, they will continue to sit in jail until the December 5th sentencing.
Judge Glass did grant one request. She permitted Robert Lucherini to withdraw as an attorney for Stewart.
Conflicting Motions Over Possible Death Penalty for Jacques
In a rather strange turn of events, both the prosecution and defense for Michael Jacques have filed motions regarding when a decision on pursuing the death penalty could be made.
Jacques is charged with one count of kidnapping with death resulting in federal court. The body of 12-year-old Brooke Bennett was found this past summer.
Jacques' attorneys filed a motion requesting the court push back the date in the death-penalty authorization process to April 2009. They said a Jan. 1, 2009 hearing, at which they would present arguments against the death penalty, is too soon after the indictment. They stated Jacques should be given a more reasonable amount of time to build his case.
U.S. Attorney Tom Anderson filed a motion to reject the defense motion citing the principle of the U.S. Constitution's separation of powers. He said the court, within the judiciary branch, could not mandate changes in the internal decision-making process of the Department of Justice, which is within the executive branch.
Vermont Law School Professor Michael Mello told Fox 44 that filing motions such as these over scheduling issues is uncommon and shows that the case is not getting off on the right foot. He said normally attorneys pick their battles and save the big fights for the more crucial issues.