<
>

Simpson asks for dismissal of kidnapping, robbery, conspiracy charges

2/1/2008

LAS VEGAS -- O.J. Simpson filed court papers seeking
dismissal of half the charges against him, saying prosecutors in
Nevada failed to meet legal standards to prosecute him for
kidnapping, robbery and conspiracy, his lawyer said Friday.

"We're challenging things that we think should never have been
let go to the District Court," said the attorney, Gabriel Grasso.

Grasso filed court papers Thursday claiming prosecutors didn't
meet the evidentiary standards to prosecute the former football
star on six of the 12 charges against him.

"They're charging O.J. with ... the specific intent to commit
robbery," Grasso said, citing Nevada law underlying the felony
charge of robbery. "He wasn't stealing from somebody else. He was
taking back something that was his."

Simpson, 60, is accused of leading five other men in the
gunpoint robbery of two memorabilia dealers who were peddling
collectibles associated with Simpson, including the suit he wore
the day he was acquitted in the murders of his ex-wife, Nicole
Brown Simpson, and her friend Ron Goldman.

Simpson has denied any knowledge of guns being involved in the
confrontation. He has said he intended only to retrieve items that
had been stolen from him by a former agent.

"Simpson's indisputable sole intent to retrieve his own
property negates the crime of robbery as charged," Grasso said in
Thursday's court filing. He also contended that "the crime of
kidnapping was not shown to exist to the slight or marginal extent
required under Nevada law."

Grasso said Simpson would fight the other six charges against
him at his trial, set to begin April 7. Those counts include
burglary, coercion and assault with a deadly weapon.

A spokesman for Clark County District Attorney David Roger
wouldn't comment Friday.

District Judge Jackie Glass has set a Feb. 21 deadline for
prosecutors to respond and a March 7 hearing on motions in the
case.

Charles Ehrlich, Clarence Stewart are being tried with Simpson;
three former co-defendants have pleaded guilty.

Stewart and Ehrlich have also challenged some of the charges and
Ehrlich's attorneys have asked the judge to separate his trial from
Simpson's.

Simpson, Stewart and Ehrlich are all free on bond after pleading
not guilty to all charges.