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OJ Simpson was advised not to testify in 2008, attorney says

May 14, 2013 12:00:00 AM PDT
Appearing heavier and his hair a bit grayer than it did five years ago, O.J. Simpson was back in a Las Vegas courtroom Tuesday, once again fighting for his freedom.

The former football star appeared in the same courthouse where he was convicted in 2008 of kidnapping and robbery. There was, however, a small victor for Simpson when the judge agreed it was OK for his left hand to be freed from his handcuffs, so he could drink water and take notes.

Tuesday was the second day of the hearing in which Simpson is asking for a new trial, saying he had ineffective representation during the 2008 trial. He pointed the finger at his own lead defense attorney, Yale Galanter.

Galanter advised Simpson to pass up the chance to testify, his co-counsel testified.

"I could advise O.J. all day long, and he was very respectful of me," Grasso told the court. "But if I advised him of something different from what Yale said, he would do what Yale said."

According to Grasso, Simpson's unwavering confidence in Galanter came about after the acquittal he gained for Simpson in a road rage case in Florida.

Simpson's motion also claims Galanter presented a conflict of interest. He has declined to comment until he takes the stand Friday.

Simpson could take the stand as early as Wednesday.

The Associated Press contributed to this report.


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