The Legal Edge

 

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

When we first heard the Tom Riccio recording that the “businessman” sold to slimefesters at that gossip website, we listened to more bleeps than actual words. When the recording was played in court for the first time it was un-bleeped and much easier to understand.  Audio experts I’ve talked to tell me the bleeps actually cause the listening part of your brain to wince in such a way that whatever sound follows the bleep is difficult to understand.

So in the interest of better understanding and the belief that in this case it is critical, TLE has decided to archive the subject 5 minutes of audio from room 1203 unedited and raw. If you choose to listen to it again, you will hear the “F” bombs, the “S” bombs and associated vulgar talk. You’ve been warned. But it is pretty good s—!

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

We are on the brink of something significant.

The wild idea driven by my love of the law and the real life drama that flows from and through our justice system is becoming a reality. And at the risk of sounding like I’ve just won an Oscar, bear with me. So many people have put in time, effort, experience, enthusiasm, sacrifice and service, I feel like I did when I gave birth to my first book, finding so many to whom I owed thanks.

First to my family, Lisa, Brittanie, Jacob and Pansy. Thanks for putting up with my late nights, lousy moods and general absence even when at home. To friends and neighbors like Mike, Doug, Marty and Mona who supported the project when I thought it would fall. This goes many times over for Kathy; I owe you so much more than money. But I still owe you money. To Reed, the most positive encouraging man I know and my closest friend no matter how far away you may be.

On the development side, Tony, Ken and Anthony, thanks for getting the ball rolling. To Paolo for his unbelievable effort; meeting the challenge of picking up that ball and getting us to the finish line. It is not an exaggeration to say that we would not be having this discussion if not for him. If you listen carefully you can still hear his keystrokes late into the night. To Carlos for his help before I knew I needed it. 

To the many folks I bored to death with details about what we were attempting and, even worse, scared off describing the details of things not going so great at the time. Forgive me and feel free to come around the house again.  To Hugh, the guy with the ponytail you’ll see in many of our consumer segments, he was there when The Legal Edge began 13 years ago. He’s still around. The ponytail is not.

And finally, to those who shared this crazy idea and weren’t afraid to dive in, committing themselves beyond the call. Tom and Matt I’m proud to call each of you friend and fellow visionary.

If we are indeed starting something significant it is because of all of you.

MJB

He sits quietly for eight plus hours a day in a Clark County Nevada Courtroom. He hears things like, “I felt he was guilty.” And “There should have been a guilty verdict.” and the ultimate, “He got away with murder.”

Prospective juror after juror, men, women, mostly older…some old. Each being asked to reflect on the 1995 criminal verdict that let O.J. Simpson walk free from the Los Angeles County Courthouse. Simpson’s attorney’s Gabe Grasso and Yale Galanter are doing their best to get into the heads of jurors who seem to be trying very hard to get on the jury that will decide whether O.J. goes to prison for kidnapping, armed robbery or any of 10 other charges. 

The honest are easy. One wanna-be juror blurted out how “stupid” Simpson was for writing a book called “If I Did It.” “The Court would like to thank and excuse juror #123,” says Judge Jackie Glass. But it’s the robotic responses, the mindless affirmations of legal concepts like the burden of proof and the presumption of innocence that tell attorneys nothing about the gears turning inside the minds of these deciders. As hard as these skilled lawyers try, can anyone really guarantee that Simpson won’t be convicted in this case, for the sins of his past?

As the days drag on slower than a Bronco chase down an L.A. freeway, the “Juice” must be wishing he could put some of his USC or Buffalo Bills moves on his past…before it seals his fate and his future.

MJB