Defense lawyers pick apart recordings

Tag : Cell Phone Conference Call

Defense lawyers today took advantage of state witness Metro Policedetective Andy Caldwell's second appearance on the stand byscrutinizing what investigators working on O.J. Simpson'srobbery/kidnapping case said while processing the scene.
Defense attorney Gabriel Grasso pointed out several errors in theMetro-produced transcripts and indicated investigators were biasedand racist.
Simpson and his co-accused, Clarence "C.J." Stewart, face a dozenrobbery, kidnapping and weapons charges stemming from analtercation with two memorabilia dealers, Bruce Fromong and AlfredBeardsley, in a Palace Station hotel room last year.
Caldwell was re-called by prosecutors to explain how investigatorsobtained and used evidence. He was the seventh witness called tothe stand and first addressed the court last week.
After Caldwell told the court how investigators contrasted phonerecords with audio recordings to establish a timeline of eventssurrounding the alleged robbery, Grasso scrutinized investigators'words that were secretly captured on tape.
The middleman who arranged the meeting between Simpson and thememorabilia dealers, Thomas Riccio, hid a tape recorder in thehotel room where the confrontation took place. Those recordings,which could not be verified by an FBI analysis, are now centralevidence in the case.
Caldwell supervised the production of the transcripts of therecordings.
Page 193 of the LVPD transcript quotes two investigators as theyprocess evidence in the Palace Station hotel room. It reads:
Perkins: This is great. Yeah. Uh, John said, he's like, yeah.California can't get him _____ now we'll be _____ got him.
(Laughing)
Grasso suggested that even with the court's "junky sound system,"it can be heard that crime scene analyst Michael Perkins isactually saying, "California can't get it (expletive) done, nowwe'll get it done."
The defense said investigators had it in for Simpson and weredetermined to build the case against him.
Grasso believes the investigators were talking about Simpson's 1995acquittal in relation to the murder of Simpson's ex-wife, NicoleBrown Simpson, and her friend, Ronald Goldman.
Perkins later said, "Hey, if the glove don't fit, then you mustacquit." Simpson's former defense attorney, Johnnie Cochran, firstdelivered the line 13 years ago during Simpson's murder trial.
The exchange is detailed on page 147 of the transcript. On thefollowing sheet, Perkins is quoted saying, "We're just talkin'about Cochran and Shapiro a little while ago. I think he's gonnahave to use Barry Schek (sp) for this one."
Later in the transcript, on page 148, Perkins and anotherinvestigator, Clint Nichols, talk about Simpson's imminent arrest.
Nichols: Uh, he's gonna get arrested.
Perkins: Who, who's gonna get arrested?
Nichols: O.J.
Perkins: Oh, good.
...
Nichols: ... Rod's already all over it at the night club watchinghim drink so, just waitin' for a phone call, we'll snatch him up.
Perkins: So then, they got a, an eyeball on him?
Nichols: Yeah, they're actually hanging out at the night clubwhere's he's at...
Caldwell revealed last week that Metro placed Simpson undersurveillance after the alleged robbery was reported. He was notarrested until three days after the incident, on Sept 16, 2007.
While the men on the transcript didn't know their words would bedocumented and dissected, they agreed their investigation would becalled into question.
Nichols: There will be no good outcome for our agency on this nomatter what we do.
(Laughing)
Unknown: Yeah.
Nichols: That's the unfortunate part ... because if we don't arresthim, you gave him preferential treatment, and when we do, they'llfind so many holes is what we did.
Elsewhere, he Perkins heard agreeing after Nichols says, "He's ajackass, apparently," but it is not clear who Nichols is talkingabout. Perkins also calls someone "a dirt bag."
Using a large visual chart complete with photos, Caldwell chartedthe telephone correspondence between the accused and their allegedco-conspirators who have signed plea bargains with the defense.Simpson's daughter, Arnelle Simpson, is also on the chart, but themiddleman who arranged the hotel room meeting, Thomas Riccio, isnot.
Riccio made several calls to Simpson and others in the group, aswell as to the two memorabilia dealers who said they were robbedduring the raid, Bruce Fromong and Alfred Beardsley.
Fromong and Beardsley were also nowhere to be seen on thedetective's poster board, even though Simpson called them over thephone just hours after the alleged robbery, and spoke to themduring the days that followed, as well.
Personal identity information revealed at trial
Sensitive personal information was displayed this morning for allto see as prosecutors built their case against O.J. Simpson and hisformer golfing buddy, Clarence "C.J." Stewart.
Simpson and Stewart face a dozen robbery, kidnapping and weaponscharges stemming from an altercation with two memorabilia dealers,Bruce Fromong and Alfred Beardsley, in a Palace Station hotel roomlast year.
Prosecutors this morning displayed cell phone records and invoicesrelated to the case as they attempted to piece together a timelineof events that transpired on Sept 13, 2007.
The documents revealed sensitive information including names,addresses, phone numbers and Social Security Numbers.
Simpson's lawyer, Gabriel Grasso, first asked to have the phonenumbers of individuals who are not connected to the case but arestill listed on his client's phone records to be protected frompublic view. Judge Jackie Glass overruled his request.
Moments later, however, Stewart's lawyers objected and proceedingscame to a screeching halt when prosecutors displayed Stewart's AT&Tcell phone invoice, which clearly stated the defendant's SocialSecurity Number and other personal information.
Identity thieves use Social Security Numbers, names and addressesto exploit victims' financial information and obtain fraudulentcredit cards.
Identity theft is a growing concern in the U.S., with new victimstargeted every two seconds, according to the Identity TheftResource Center. Nevada is reported to have the third-highestincidence rate of identity theft in the nation per capita.
The phone records displayed in the courtroom today were part ofprosecutors' ongoing efforts to establish a timeline of eventsbefore, during and after the alleged robbery.
One of the two victims, Alfred Beardsley, testified yesterday thatthe audio recordings that have been presented as evidence have beentampered with.
He called the recording, which was secretly taken by the middlemanwho arranged the meeting between Simpson and two memorabiliadealers last year, Thomas Riccio, "a work of art."
"There's all kind of dialogue missing," Beardsley charged.
Metro Police detective Andy Caldwell this morning was re-called totestify in the robbery/kidnapping trial to explain howinvestigators obtained and used evidence. He was the seventhwitness called to the stand and first addressed the court lastweek.
Caldwell told the court how investigators contrasted phone recordswith Riccio's audio recordings to establish a timeline of eventssurrounding the alleged robbery.
"Even if Mr. Riccio's audio recording didn't have a time stamp onit you were able to match it up with specific phone call recordsthat are time stamped and thereby able to put some time stamps tothe recording of Mr. Riccio," Deputy District Attorney ChristopherOwens summarized. Caldwell confirmed his observation.
The detective explained the phone recorders documented completed,billable calls, but did not reflect calls that were not completed.
Caldwell said he became concerned after reviewing phone records andlistening to recorded calls Simpson made from the Clark CountyDetention Center after his Sept. 16, 2007, arrest.
"Mr. Simpson was attempting to contact victims and co-defendantsprior to us being able to contact them," Caldwell said. Thedetective said it was a concern for him because he felt the recordsindicated Simpson "was trying to affect the outcome of the case."
Caldwell earlier this morning explained for the court howinvestigators recovered several items that had been taken from thePalace Station hotel room from the Las Vegas law offices ofStewart's lawyer, Robert Lucherini, and the attorney representingCharles Cashmore, who accompanied Simpson and the others on thehotel room raid.
Caldwell said Metro Police recovered Fromong's missing cell phoneand box of Joe Montana lithographs from the officers of Cashmore'sattorney.
The detective also said they found several of the footballs thatwere reported missing, as well as the pillowcases that wereallegedly used to haul the memorabilia out of the hotel room duringthe raid, on a conference room table of Lucherini's office.
Caldwell noted both Stewart and his lawyer willfully ledinvestigators to the items during a walk-though of the premises.Cashmore's lawyer also co-operated with investigators.
Caldwell noted, however, that several items Fromong and Beardsleysaid Simpson's entourage stole took have yet to be recovered.
He said 24 baseballs autographed by Pete Rose and Duke Snider,several hundred O.J. Simpson-autographed photos and a pair ofturf-worn game shoes were never found.
Jurors on Thursday heard from Walter Alexander, who is one of thetwo men who brought a handgun into the hotel room that day. He saidhis friend, Michael McClinton, gave him a .22 Beretta after Simpsonasked them to "bring some heat" to the confrontation.
Caldwell explained today how Alexander told detectives where inMcClinton's home they could find the guns that he said were used inthe raid.
"They were in the drawer of Mr. McClinton's bedroom," Caldwellsaid.
The court hopes to hear from McClinton this afternoon as the statenears the end of its list of witnesses.
Simpson and Stewart's criminal trial began on Sept 15 and isexpected to last four to five weeks.