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Transcripts for CNN CNN Saturday Morning 20130518 12:34:00

wrongful death trial against aeg live. those e-mails were thought to be lost but were found after what the judge called a lot of red tape. aeg lawyers argue jackson was responsible for his own death and that an addiction to drugs led to his bad decisions. o.j. simpson s fate is in the hands of a las vegas judge right now. she will decide whether the former football star turned convicted felon gets a new trial. simpson says his former defense attorney botched his 2008 trial for armed robbery and kidnapping and ended up landing him in prison. at a court hearing yesterday simpson s ex-lawyer yale galanter testified that he put every ounce of blood, sweat and soul into the case. there s no date yet for the judge s ruling. i bring in paul callan, our legal expert in new york, a defense attorney, former prosecutor and cnn legal analyst and represented the estate of nicole brown simpson in the

Transcripts for CNN CNN Saturday Morning 20130518 12:35:00

wrongful death suit that followed o.j. s acquittal in the murder trial. full disclosure you ve been following o.j. and the cases for quite some time. simpson is asking the judge to basically toss out his conviction, grant him a new trial. what is the likelihood of that? i don t think there s much of a chance here and i ll tell you why, poppy. simpson got convicted of this robbery/kidnapping charge in vegas and he took an appeal that went all the way to the nevada supreme court. they upheld the conviction. they found it was a legitimate conviction, and this sort of is a last-minute plea saying you know, my attorney gave me bad advice, take a second look at it. so the court said we ll give you a hearing on it. i don t think he has much of a chance. he s saying galanter didn t notify him of a plea deal and galanter testified yesterday he did inform o.j. of that. this is a he said/he said

Transcripts for CNN CNN Saturday Morning 20130518 12:38:00

things that is reserved to the client in terms of decision-making about how a case is tried is whether to take the witness stand or not. the lawyer can decide which witnesses to call and how, what questions to ask, but whether you testify or not, that s up to the defendant, and simpson says i wanted to testify, galanter wouldn t let me testify. galanter says that s a complete lie, not true at all. simpson couldn t have been testified because he would have been destroyed on cross-examination. where is simpson getting all the money to pay his attorneys? i think the fine in that civil trial in the murder case was over $33 million. boy, you know, poppy, i d love to know because the lawyers who are involved in that case and the litigants in that case, $33.5 million verdict, very little of it has ever been collected and then you hear he s got $500,000 he s paying lawyers. where is he getting the money? a lot of his money is protected because he s got a pension from the nfl that s protect

Transcripts for CNN CNN Saturday Morning 20130518 12:37:00

doing this. for lawyers the attorney/client privilege is absolutely sacred, but when you claim your lawyer was incompetent and you ask for a hearing on the issue and you attack his integrity, all bets are off. he can get on the stand and tell the judge everything you told him. this was a high-risk maneuver by simpson. he didn t have a reputation to begin with but the robbery was a very bad tactic because ultim e ultimately galanter said he knew him about the guns, i told him about the plea, he s a liar, that s essentially what he s saying, simpson is a liar. what credibility is key in this judge s decision whether or not to give him a new trial? what about the fact simpson didn t take the witness stand in the original criminal trial. there s some argument that could backfire. does that play in here at all? that s a very important fact and it s important because the law says that one of the key

Transcripts for CNN CNN Newsroom 20130518 15:15:00

stand. in his bid to get a new trial, he watched attentively as his new attorney scrutinized the advice and actions of his former attorney, yale galanter. prosecutors called him to take the stand to rebut claims that he failed to reasonably represent simpson in the 2008 kidnapping and robbery trial and that his appeal to the nevada supreme court. from my point of view, i wanted to do everything that i could possibly do to give o.j. a shot at getting released. reporter: galanter told the court he was fond of simpson and thought the conviction was unfair, but in heated cross examination by one of simpson s attorneys this man put his interest, his financial interests above the interests of his client. reporter: galanter, several times, got testy. my testimony is my testimony. ask me what the question is. i ve already testified as to my knowledge of the rules. what s your question? just, you know, like you said, it was a flat fee. on page four, line 14, it says

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