The Legal Edge

I was in the NBC car headed for a series of live shots to talk about him.

“She’s gonna give him life.” So predicted O.J. Simpson’s Las Vegas attorney Gabe Grasso in a phone conversation with me as he was heading out his office door to the sentencing hearing for his client.

“They’ve been out for him since day one.” So says O.J. friend and famous groom Tom Scotto in our phone talk just a hour before the sentence was pronounced.

And yet, despite the gloominess of these insiders, O.J. got an early holiday gift. (”Holiday” is now the PC version of season’s greetings; lest we offend any Christian, Jew, or Kwanzanista.) When is a minimum 9 years in the slammer a “gift”? When you could be looking at life. When the probation department wanted you to do at least twice that time.

Judge Jackie “pain in the” Glass could have given the hall of famer a true life sentence or an effective life sentence. The guys is 61. How long can he survive in prison? At 61 his life expectancy is now 22.2 years. I’m guessing that prison life, even in segregation, will cut that expectancy in half. So, O.J. may make it to his first parole hearing in 2017 but he may not see the proverbial light of day ever again.

So, as the talking heads (I mean that in the nicest way) pontificate on the appropriateness of this sentence for O.J. and his chances on appeal (slim); I can only think of one thing…not O.J., but C.J. We’ve all made bad decisions in our lives, but can any one of us say that our one mistake has been so painfully punctuated? Even though Stewart’s chances on appeal are better than O.J.’s (Is there any better evidence that Stewart should have had his case severed than the sentence he received?) this former mortgage broker is going to suffer a personal foreclosure the likes of which no one making that one mistake should ever experience.

Choose your friends wisely.

MJB

Oprah -- Apparantly reacting to a request for credit

Over the last week TLE has been fortunate enough to get some mainstream media attention appearing on the CBS Early Show, CNN  and Extra to talk about the O.J. Simpson verdict and our exclusive interview. We were more than happy to help out. That is, until we ran into Oprah.

Here’s what happened. An Oprah underling calls to say they would like to use our O.J. interview on their Friday “Live” topical program. I said “sure,” prepared the material and shipped it off. I then wrote to the Oprah legal department to confirm we would be getting the proper on screen credit for the material we were providing for free to the daytime Queen. A very standard, accepted practice in the biz. Here’s the reply:

              “Unfortunately, we can’t give .com credit. (It’s our standing policy not to provide any web addresses in our credits.)

Hmmm. Let’s see. We provide you with exclusive material you will effectively use as your own, because nobody reads the end credits on your show or any anybody else’s, and you won’t actually credit us since we are a dot com entity. Hey, who wouldn’t rush to make that deal? Are you kidding me?

I sent Oprah legal a nice note suggesting our TLE policy  was not to give away exclusive material without proper attribution. I also asked,

“What’s the harm in identifying the media outlet, even if it’s a dot com? And BTW, dot com media outlets are no different than ABC, CBS, NBC, CNN, MSNCB, FOX or any other local or national outlet. Oh, right. In this case there is a difference because although the big guys all tried to get the interview only up and coming TLE made it happen.”

A day later I got the shocking news that the Oprah show “was going a different direction.” That’s corporate weasle speak for “You got us. We were going to use your interview as our own and bury your credit so you received absolutely no value in return.”  (The October 10, 2008 program did include a segment on the O.J. Simpson verdict.)

I’m not sure what is more pathetic; the corporate Oprah machine that makes a practice of steam-rolling folks into submission so she can fill her show with the work product of others…or the likelihood that waaay too many people actually cave in to this bullying boloney so they can say, “We were on Oprah.”

Oprah, isn’t having all  the money enough?

MJB

As expected, both defendant O.J. Simpson and defendant C.J. Stewart filed there motions for new trial Friday the 10th, basically the last day to do so under the very time stingy Nevada rules. But here’s a betting line, a sure lock, my V.I.P. can’t lose special…Motion DENIED.

The hearing on the motion isn’t until October 30th, but this all pro forma, Gabe Grasso and Brent Bryson just making the right paper move through the system to set up grounds for appeal. You may remember Judge Jackie Glass refusing to extend the time to file the motion. Why would she do that knowing the amount of material counsel would need to review to support any motion? “I have no idea,” deadpanned Bryson in the courthouse hallway just after the verdict.

Well, I don’t have the same political constraints. Judge Glass said, “no” to any extension because she heard the case and the filing of a new trial motion is effectively asking the trial judge (Glass) to reverse herself on the rulings she handed down along the way. It just doesn’t happen. But the filing of the motion and the impending denial is necessary to set up the appeal.

So, the parties grind through the system. O.J. grinds through another 23 hours of each day in his segregated cell (See Part #4 of TLE’s Alfred Beardsley jailhouse interview), and the sentencing will come and go long before any appellate issues are ever decided.

But it’s part of the system. Flawed or not it’s the best on the planet.

MJB

 

When O.J. Simpson talked to me last week about his holiday round of golf, he never seemed to realize that it could have been his last golf outing ever.

 

Whew!  It was part challenge; part stress; part surprise and completely rewarding and satisfying.

Thanks to everyone for sharing this first trial with all of us here at TLE. Special congrats to Matt, our Chief Producer; Jamie, our Associate Producer and the folks back in NYC who responded to every emergency…I mean cleverly disguised opportunity. We proved it could be done and we stacked up nicely against the big boys who have been doing this for decades.

Okay, if you count the O.J. Simpson exclusive we did a little better than those who have been doing this for decades. That interview has provided us with a fair share of exposure which is nice as we prepare for our next adventure.

And what might that next adventure be you ask? Simply put; we don’t know yet. We are looking at a few different options. The “Baby Grace” case in Texas and the Denise Lee case in Florida to name a couple. Yeah, I know, there’s that Phil Spector II case out in my homeland California. We have processed and re-processed the possible coverage of PS2 for months. We even floated the idea of covering the case as a bonus to those who would subscribe to watch the case simply to cover our production costs. Why not cover it as our primary case?  The fact is:

• Ratings at CTV proved not enough people watched the first version of the Spector case.
• A 4-5 month case does not fit our business plan and would be very risky in light of the limited audience.
• We want to expose a larger audience to new cases whenever possible. 

The audience that has expressed an interest in seeing PS2 is vocal and intense so we tried to measure that interest as a pay per view additional trial. The numbers were just not large enough to allow for an acceptable monthly fee. And to cover Spector as our primary trial would mean losing the chance to bring our audience between 4 and 6 new trials. That doesn’t mean PS2 isn’t worth the effort, but we had to make a business decision. Hopefully it is the right one.

So, we will continue building upon the features you find at TLE. Consumer segments and caught on tape moments, plus message boards and our legal news resource are on the way. We appreciate your being here, your enthusiasm and the opportunity to do it again and again.

This first round at TLE is just the beginning.

MJB

They have been the focus of all things O.J. since their nuptials in September 2007. Outside the courtroom Tom and Sabrina Scotto sit close together, Sabrina often holding Tom’s hand, leaning on his shoulder or tugging at his arm. The couple who celebrated their first anniversary on the day we heard Opening Statements in this trial live in Miami and have been friends with the Simpson family for about eight years. It was the Scotto wedding that brought O.J. and friends to Las Vegas in the first place. Now, instead of sharing family dinners and fond memories the Scottos are re-living a series of bad ideas and worse judgment that may send their buddy O.J. to prison.

Talking with both the bride and groom I get this feeling that they are a very giving couple. They love their friend O.J. and want to do everything they can to help. When they returned last week from their 1st anniversary trip to Maui (the same trip they took for their honeymoon) O.J. asked Tom to stay here in Las Vegas for the rest of the trial. Tom responded by having his “security” man drive one of Tom’s SUV’s out here from Florida which the auto repair shop owner now uses to get O.J. to and from the courthouse.

Tom testified today. His story of a Michael McClinton-Walter Alexander extortion and “N” bomb laced discussion was, if true, the big blow the defense needed to convince these jurors that co-defendants making deals to save their own skin could not be trusted. Even Mrs. Scotto’s name came up in court as Detective Andy Caldwell blurted out that Sabrina had been kicked out of the preliminary hearing in this case for “tampering” with witnesses. To that, Tom and Sabrina told me there was no such ejection. They did admit that during the prelim, while Charles Cashmore (man hiding in room 1203 bathroom) was on the stand, Cashmore was making eye contact with his publicist in the gallery. Sabrina was right behind the publicist and apparently was making faces in reaction to the obvious non-verbal communication between Cashmore and his publicist. That got a Marshall’s attention and Sabrina was asked to leave. She then asked Tom to join her outside the courtroom.

Now, in the Marshall’s defense; it’s hard not to notice Sabrina Scotto in any room, let alone a courtroom. She is a striking, Brazilian woman who often wears satin pants and tops that provide ample evidence Mrs. Scotto is guilty of attention grabbing without even trying. 

But as she stands, or sits by her man, it’s hard not to feel sorry for Mrs. Scotto. “Guilty” O.J. or “Not Guilty” O.J. it really won’t matter. We’ve all heard of guilt by association, but should it really extend from the best man at the wedding to the blushing bride?  

MJB

The Legal Edge has learned that O.J. Simpson will not take the stand in his own defense in the Las Vegas kidnap and armed robbery trial. Tomorrow (Friday 26th) will be the State’s last day of its case and it’s expected David Roger and Chris Owens will rest by day’s end. Defense counsel has been advised to be ready to start their case on Monday.

In Nevada there is no “non-suit” motion. That is the, you never proved a prima fascia case, motion routinely made by defense attorneys after the prosecution completes presentation of it’s case. So, once the State of Nevada is done the defense attorneys will take over. Sources tell me that each defense team will take about one day, so with the dark day Tuesday, it is entirely possible that the jury will get this case by next Friday, the 3rd of October.

As for O.J. taking the stand I’ve been told that there is only one small piece of information the defense needs to illicit from the Juice and that info can be obtained from other defense witnesses. So for those hoping to see Simpson on the stand…

…there’s always next time.

MJB

You love him, you hate him, you laugh at him. Whatever your reaction, Thomas Riccio delivered some powerful information in court this week. For years the alphabet networks and cable kings have pretended that they don’t pay for interviews. They do. The morning shows are the worst. The battle between GMA, Today and The Early Show are vicious. The entertainment shows are close behind. If they want the person de jour to come on a show they ask if there are any photos, or audio or video tape that can be licensed. 

This is all a fiction created so that these “journalistic” pillars can claim they don’t pay for interviews. I’ve worked on plenty of national shows and have associated with insiders from every network on the planet. The money is for the interview no matter how high and mighty these network and syndicated show weanies may get.

I’m not a big Harvey Levin or TMZ fan. Just not my thing. But, Levin does something I admire. He’s honest about his sleaziness. TMZ pays for interviews, tapes, pictures, soiled underwear…whatever they can get. And Thomas Riccio’s exposure of the ABC payment of $15,000 (which ABC denies claiming the payment was for audio) and the Entertainment Tonight payment of $25,000 (also denied) is a good start at leveling the playing field. If you’re going to pay for interviews, be honest with the people you pander to and admit it.

TLE will not be paying for interviews…at least not until we make some money. And then we’ll tell you about it. It’s just the right thing to do. It’s too bad honesty in this business is a breath of fresh air.

MJB

Inside the courtroom attorneys battle for and against him, exhibits with his name scrawled on them are marked and witnesses put a value on his likeness. The O.J. Simpson trial is about the value of one man’s signature. Take any of the at issue property, take away the handwriting and you’ve got a nice photo or football or certificate…but no real value. It’s that signature value that makes this robbery trial a felony. Without O.J.’s autograph on any of these items the value would be deminimus as they say in law school. Of course there’s still that gun thing, but don’t get me distracted.

Outside the courtroom a man, a woman, another man; all wait to get O.J.’s signature. During a brief recess (is that an oxymoron?) one of these fans came into the courtroom and approached the counsel table before “Arthur” the bailiff shouted her down and had her ejected. No ink was lost in the autograph seeking event.

Back outside cameras flash and poses with the athlete are struck as Simpson smiles. I asked one of the photogenic fans, “why? why do you want a picture with O.J.” Not being a smartass, just curious. The man said, “I don’t know.” It was the best he could do to explain. Is it the brush with fame? The brush with infamy?

Wanna bet he’ll be back to have O.J. sign the picture?

In a small congregational church in Henderson, Nevada, O.J. Simpson sits and listens to the sermon and celebration being presented by another big time pro athlete. Former UNLV Rebel and Philadelphia Eagle Randall Cunningham, welcomed the man now on trial for armed robbery and kidnapping, into his house of the Lord last Sunday.

O.J. tells me Cunningham has a great following in this small town on the way between Las Vegas and Boulder Dam. “He’s really a great Pastor.” After the Sunday service O.J. enjoyed breakfast at a local eatery before returning to Las Vegas metro. “I can go anywhere in this town and the people are great. It’s just the media that makes a big deal out of everything.”

It must be that arrested and on trial thing that gets the media’s attention. And after Monday’s bizarre start to this trial (alleged victim Bruce Fromong’s testimony interrupted by an apparent heart issue) it’s not likely the press is going anywhere anytime soon.

Not a prayer of that happening.

MJB

After