Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, June 25, 1994 TAG: 9406280095
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: LOS ANGELES LENGTH: Medium
The decision clears the way for a preliminary hearing Thursday, during which prosecutors will have to lay out their evidence in open court, as Simpson's lawyer had wanted.
The 46-year-old former football star remains in jail on charges of murdering his ex-wife and a friend of hers.
Prominent defense lawyers Alan Dershowitz and F. Lee Bailey have joined Simpson's defense team, and Bailey told CNN's ``Larry King Live'' they have been working on the case since earlier this week.
A source told The Associated Press that Dershowitz helped on the action that led to Friday's move by Superior Court Judge Cecil J. Mills taking the grand jury off the case.
``I don't think I've ever heard of it happening before, but then the publicity concerning O.J. Simpson has been literally unprecedented in magnitude,'' said John F. Banzhaf III, a law professor at George Washington University.
There was yet another twist in the case Friday: Deputy District Attorney Marcia Clark disclosed that a blue knit cap was found at the feet of one of the victims. There was no elaboration.
Two days ago, Clark disputed news accounts that a bloody ski mask had been seized from Simpson's home. She said no such ski mask existed.
In a highly unusual motion Friday, defense attorney Robert Shapiro asked that all 23 grand jurors be interviewed and the entire panel be dissolved if any had been influenced by news coverage or statements by investigators. ``It is virtually impossible for Mr. O.J. Simpson to receive a fair trial or a fair review before the grand jury,'' he said.
Simpson has pleaded innocent to the June 12 slayings of Simpson, 35, and Ronald Goldman, 25.
Publicity included the release of 911 tape recordings of Nicole Simpson seeking police help last fall as a man identified as Simpson allegedly broke down her door.
In his motion, Shapiro said prosecutors tainted the case when they identified Simpson as the ``sole murderer,'' speculated he might eventually confess, characterized the deaths as ``a classic domestic violence killing'' and authorized release of the 911 tapes.
Mills ordered the grand jury to stop considering the case, and it appeared there wouldn't be enough time to convene a new grand jury before Thursday. It wasn't immediately clear whether the judge had questioned the grand jurors personally or just discussed the matter with attorneys.
In California, defendants must be given a preliminary hearing within 10 days of arraignment. Simpson was arraigned Monday.
``We have a lot of work to do before the preliminary hearing on Thursday,'' Shapiro said. ``I look forward to finally presenting the evidence in a public courtroom.''
Also Friday:
The 5,000-member Chicago-based watchdog group Americans for the Enforcement of Attorney Ethics filed a complaint with the State Bar of California saying the prosecutors ``violated American Bar Association rules on professional conduct in relationship to their media blitz.''
Simpson became the sole prisoner in his jail ward. Erik Menendez, awaiting a second trial for the shotgun slayings of his wealthy parents, was moved to another section of the jail.
Keywords:
INFOLINE
by CNB