[Via live tv] The judge has set O.J. Simpson's bail at $125,000. There was no legal battle, the defense and D.A. agreed on the amount. He can post it in cash or using a bail bondsman.

O.J. can return to Florida, he must surrender his passport and he can't have any contact with witnesses.

My view: an appropriate result.

Most bizarre moment: Watching former O.J. prosecutor and current entertainment reporter Marcia Clark leave the courthouse. Talk about flashbacks.

Bump and Update: O.J. is charged with ten felonies and a misdemeanor, including kidnapping with a deadly weapon. Here's the Criminal Complaint (pdf.) The kidnapping charge is directed at Bruce Fromong, who is now in critical condition in a hospital in LA, having suffered a heart attack. I hope he recovers, but I wonder whether if he dies, they'll charge O.J. with that too.

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Original Post:
Judge Denies Goldman Attempt to Seize All O.J.'s Property

A Los Angeles judge today denied a request by the family of Ron Goldman to seize all O.J.'s property. [More...]

The Judge sent the Phil Spector jury home today after it advised the judge it was deadlocked, 7 to 5. (Background here.)

The Judge is hearing arguments this afternoon as to what to do. I think he should declare a mistrial. One thing he shouldn't do, as apparently he's contemplating, is give the jury a lesser charge to consider at this late date.

The parties agreed to only submit the murder charge. The Judge endorsed that decision.

Superior Court Judge Larry Paul Fidler told attorneys Wednesday he pondered whether there could be "lesser included offenses," which might allow the jury to consider voluntary or involuntary manslaughter rather than murder. "I don't see it," he concluded. Both the prosecution and defense agreed that the legal definitions of lesser crimes do not fit this case.

The parties relied on there only being a murder charge in composing and delivering their closing arguments. To allow the jury to consider a charge neither side had the opportunity to address and argue would be manifestly unfair in my view.

The Judge should declare a mistrial.

Yesterday I read about John David "Roy" Atchison, the Assistant U.S. Attorney in Florida who was arrested in a sex sting in Detroit after flying there allegedly hoping to have sex with a five year old girl.

The U.S. Attorney's Office has issued this statement. They refer to him as a "civil attorney" while the Detroit Free Press said he handled both criminal and civil cases.

The facts are ugly. You can read the criminal complaint here. My first thought was he needed to be put on a suicide watch.

He's now got a terrific lawyer, James Thomas of Detroit. Jim got him taken off the suicide watch saying he's confident it's not necessary. He also waived the detention hearing, which means Atchison will be held without bond pending trial or reconsideration.

The grand jury has already returned a three count indictment against him, available here(pdf). One of the charges carries a minimum mandatory sentence of 30 years.

I'm sure some will try to turn this into a political story but I don't see it that way -- unless he prosecuted and convicted others for child sex crimes while committing them himself. If he did these disgusting things, I see a sick man who needs help.

Bump and Update: OJ is being held without bond until tomorrow. His lawyer, Yale Galanter of Florida, responds:

"Obviously we intend to fight these charges vigorously. We believe it is an extremely defensible case based on conflicting witness statements, flip-flopping by witnesses and witnesses making deals with the government to flip," he said.

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Original Post: OJ Simpson Arrested

From AP:

O.J. Simpson was arrested Sunday on charges related to an armed robbery involving sport memorabilia, police said. Simpson was arrested shortly after 11 a.m. and is being brought to a police office, Capt. James Dillon said. Police are still determining charges against Simpson.

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[Photo via CelebStoner]

Keith Stroup probably regards his arrest yesterday at a Boston marijuana reform rally as a badge of honor.

While delivering a speech at yesterday's Freedom Rally, he announced:

"Eight hundred thousand people were arrested last year for marijuana. Every 41 seconds someone gets arrested for marijuana. I got arrested a couple of hours ago right here."

In all, there were 60 arrests. Those arrested received "Class D" tickets. Even with bad weather, 5,000 attended the event.

Phil Spector's five month jury trial is coming to a close. The jury began deliberating the murder case yesterday. In the afternoon, they asked to see the gun.

It's been a rocky trial. One of his chief lawyers, New York's Bruce Cutler, missed weeks of the trial to do a tv show and then withdrew before closing arguments over differences in who should preent the closing.

Linda Kenney Baden, who is married to forensic expert Michael Baden, a witness in the trial, gave the closings. She, too, missed some weeks of the trial due to illness. The prosecutor criticized the Kenney-Baden relationship at trial:

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The nursing home owners on trial for negligent homicide and cruelty for failing to evacuate during Katrina were acquitted today. 35 elderly patients died at the home.

Prosecutors say the Manganos should have evacuated the home as the storm closed in. Defense lawyers say levee failures and a government that never called a mandatory evacuation are to blame.

....The Manganos have said the area had never flooded in the 20 years St. Rita's was in operation, and defense attorney Jim Cobb said that was the basis for their decision to ride out the storm.

"We're talking frail people, people with special needs, people who would be at risk during an evacuation," Cobb said before the trial began. "The Manganos thought they were saving lives by sheltering in place."

Gov. Blanco testified during the trial that no mandatory evacuation order was given.

Thanks to the WSJ for putting the 237 page appeal brief (pdf) filed by Enron's former President and CEO Jeffrey Skilling online.

I'm just starting to read it, but the section on why oral argument is requested gives you a good sense of its flavor. After pointing out that contrary to the public's perception, Skilling was not convicted of causing Enron's collapse, it states:

Profound, inherent weaknesses in the government’s case—not just gaps in its evidentiary proof, but doubts about its basic theories of criminality—motivated the government to resort to novel and incorrect legal theories, demand truncated and unfair trial procedures, and use coercive and abusive tactics.

No word yet from the Court as to whether it will accept such a long brief. Appeals courts have strict limits on the length of briefs. I remember when the 10th Circuit Court of Appeals fined Timothy McVeigh's court-appointed appeals counsel for filing an overly long (226 page)brief. I thought it was very unfair.

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Disgraced ex-DA Mike Nifong reported to jail today to serve his 24 hour sentence for criminal contempt of court. He will be put in a single cell for his safety.

A source close to the three wrongly accused players says they are seeking $30 million in damages and reforms to the legal system. If those demands are rejected, the players will file suit next month.

All of TalkLeft's coverage of the Duke case is available here.
I also highly recommend the new book, Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case by Stuart Taylor, Jr. and KC Johnson.

A North Carolina judge today found ex-DA Mike Nifong in contempt of court for lying to the court about providing DNA tests to defense counsel in the abysmal Duke lacrosse players proseuction.

Superior Court Judge W. Osmond Smith III sentenced Nifong, who has already been stripped of his law license and has resigned from office, to a single day in jail. He had faced as many as 30 days in jail and a fine as high as $500.

Prof. K.C. Johnson live-blogged the contempt trial.

Live Update: Michael Vick Statement. For most of his life he's been a football player, not a public speaker. He wants to speak from the heart. He wants to apologize for all the things he's done and allowed to happen. Apologizes to the Commissioner and other team people. He was not honest in his previous statements to them. He was ashamed and disappointed in himself.

He apologizes to young kids out there for his immature acts. What he did was very immature, he needs to grow up.

Asks for forgiveness and understanding as he moves forward to better Michael Vick the person, not the football player.

He was irresponsible and those things didn't need to happen. He blames no one else. He had bad judgment and made bad decisions. Dog fighting is a terrible thing. Through this situation he has found Jesus and has asked for his forgiveness.

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