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O.J. Simpson Is Due in Court Today

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[January 16, 2008]  LAS VEGAS (AP) -- O.J. Simpson is due in court today as his attorney denies the former football star violated his bail agreement in a motion asking that his client be again let out of jail to await trial in his armed robbery case.

Attorney Gabriel Grasso's three-page document, filed late Tuesday, urges a judge to reject Clark County District Attorney David Roger's effort to have Simpson jailed without bail until his April 7 trial.

Clark County District Court Judge Jackie Glass was to hear arguments on the request Wednesday.

Simpson, 60, will appear in court after spending five nights and four days at the Clark County jail, where police said he had been cooperative after arriving late Friday from Florida in the custody of his bail bondsman, Miguel Pereira.

The district attorney says Simpson told Pereira, in an expletive-laced message, to tell co-defendant Clarence "C.J." Stewart how upset Simpson was about testimony during their preliminary hearing.

Grasso said the document "says O.J. Simpson in no way violated any conditions of his release." Grasso declined further comment until the hearing.

Roger's motion alleges Simpson "committed new crimes," but does not elaborate.

Dan Kulin, a spokesman for Roger, declined to say whether new charges would be filed against Simpson.

Legal experts say the judge probably will allow Simpson another chance at bail because he is not facing a capital murder charge. Simpson might get a stern rebuke and the judge could raise the bail amount if she agrees that Simpson violated a court order not to try to contact his co-defendants.

"A person is entitled to bail under the Nevada Constitution," said Tom Pitaro, a defense lawyer and adjunct professor at the University of Nevada, Las Vegas, Boyd School of Law.

"But the court can, and probably will, modify the conditions of his bail to get his attention," Pitaro said.

The prosecutor alleges that Simpson detailed in a Nov. 16 message what he wanted Pereira to tell Stewart.

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"I just want, want C.J. to know that ... I'm tired of this (expletive)," Simpson is quoted as saying. "Fed up with (expletives) changing what they told me. All right?"

Pereira may be called as a witness.

"He left a message instructing me to do something violating a court order," Pereira told The Associated Press after Simpson was jailed again last week. "I don't want to get involved in such a dilemma or a criminal act."

Stewart's lawyer, Jose Pallares, said he did not know whether the message reached Stewart.

Simpson told Las Vegas Justice of the Peace Joe M. Bonaventure on Sept. 19 that he understood he was not to have contact with anyone involved in the case -- not even by "passenger pigeon."

Stewart and fellow co-defendant Charles Ehrlich do not have to appear for the hearing and remain free on bond.

The three men pleaded not guilty Nov. 28 to kidnapping, armed robbery, assault with a deadly weapon, burglary, coercion and conspiracy charges. A kidnapping conviction could bring a life sentence with the possibility of parole. An armed robbery conviction carries mandatory prison time.

Three other former co-defendants have pleaded to lesser charges and testified against Simpson at the preliminary hearing.

Simpson has denied any knowledge about guns being involved in the confrontation with memorabilia dealers Bruce Fromong and Alfred Beardsley. He has said he intended only to retrieve items that had been stolen from him by a former agent, including the suit he wore the day he was acquitted of murder in 1995 in the slayings of his wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

[Associated Press; By KEN RITTER]

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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