Posted by
Whitney L. Cooper on Sunday, December 07, 2008 3:48:03 AM
In the harsh light of the morning after his sentencing, O.J.
Simpson's future was clear Saturday. His new home will be a prison cell
in the Nevada desert with his door to freedom hinging on an appeal of a
trial that his lawyers say was filled with
errors.
"This is not a frivolous appeal," Yale
Galanter, Simpson's lawyer, said. "There were some grave errors made by
Judge (Jackie) Glass, and we think they are strong enough to overturn
the conviction. We also think we have a shot at
bail."
Galanter has cited six initial issues for
appeal. The most significant concern could be the exclusion of blacks
from the jury selection. The defense also will protest the judge
allowing comments about Simpson's 1994 Los Angeles murder case in which
he was acquitted of killing his ex-wife, Nicole Brown Simpson, and her
friend, Ron Goldman.
On Saturday, Simpson remained at
the Clark County jail where he has been housed since his conviction on
Oct. 3, along with co-defendant Clarence "C.J." Stewart. The two men
were found guilty of 12 criminal charges, including kidnapping, armed
robbery and assault with a deadly weapon.
Simpson was
sentenced Friday to 9 to 33 years in prison. Stewart got 7 1/2 to 27
years.
Michael Shapiro, a New York defense lawyer who
has followed the Las Vegas case, said Simpson's case may get extra
attention from Nevada Supreme Court, the state's only appellate
court.
"Superimposed over all of it is that he's O.J.
He's not Joe Schmo," Shapiro said. The justices also could be
influenced by Simpson's murder trial, he said, calling it "the
800-pound gorilla in the room."
Before any appeal
winds its way to the Nevada Supreme Court, Simpson faces years in
prison for a September 2007 confrontation with two sports memorabilia
dealers over collectibles that Simpson insisted were stolen from
him.
"Prison will be very taxing on him," Galanter
said. At 61, Simpson is not in great health, he
said.
"He'll be treated like every other inmate,"
said Howard Skolnik, director of the Nevada Department of Corrections.
"The only issue might be whether we have to provide a little more
protective custody because of his notoriety, at least at the
start."
Gabriel Grasso, another Simpson lawyer,
anticipated that Simpson would find friends in prison, adding that
Simpson had been buying snacks for fellow inmates at the Clark County
jail.
"I think when he does meet people in jail,
they're going to treat him well because he treats them well," Grasso
said.
Simpson could be moved within a week to High
Desert State Prison, about 45 miles northwest of Las Vegas, where a
2004 inmate brawl killed one inmate and wounded 18 others. Skolnik said
it was unlikely he would go to Nevada's one maximum security facility
because he was not under a life sentence. Nevada has six medium
security prisons.
Wherever he winds up, the
accommodations will be spartan.
Skolnik acknowledged
that adjusting to prison may be difficult for a man who once lived the
high life as a football star, movie actor and advertising
pitchman.
Prison cells average 78 square feet. Each
cell has a narrow window about four inches wide and 30 inches long.
Most have two beds, a commode, a sink, a shelf and a plastic glass
window on the door that allows guards to peer
inside.
He won't have much freedom at meal time
either. The state allocates $2.18 for meals per day per inmate, and men
get a standard 2,800-calorie diet. Hamburgers, hot dogs, chicken and
pizza are among the most popular menu items, Skolnik
said.