O.J. Simpson's future now hangs on appeal
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The defense asserts that jurors were influenced by Simpson's acquittal in California in the murders of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. At a news conference after Friday's verdict, jurors adamantly denied that the past case swayed the present one.
Once testimony began, Galanter said, the defense was restricted in its cross-examination from exploring the backgrounds of witnesses and exposing lies they might have told when compared with their preliminary hearing testimony last year.
"Speaking in broad terms, the issue is, 'Was the cross-examination so unduly restricted that the defendant didn't get a fair trial?'" said Tom Pitaro, a defense lawyer and adjunct professor at the University of Nevada.
Another issue, Galanter said, is whether there was judicial bias by Glass.
"I think the transcript is going to be rife with her cutting short cross-examinations and scolding the defense in front of the jury," Figler said.
"Here, you've got a judge being very animated and being less than tolerant of the defense in front of the jury," he said. "If the defense can show disparate treatment and also can tie it in with potential prejudice, then there is a line of cases they can point to on appeal where the judge's demeanor becomes an issue," Figler said.
For Stewart, the central issue of his appeal will be severance from the case against Simpson.
His lawyers repeatedly argued that he should not have been forced to stand trial with such a notorious figure.
"The fact that C.J. Stewart got the clean sweep on the verdict, as well, provides for a greater argument for the defense that there was 'spillover,'" Figler said.
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