O.J. Didn't See Gun During Alleged Robbery, Says Witness

Nov. 9, 2007— -- O.J. Simpson never drew a gun during an alleged armed robbery of two sports memorabilia dealers in a Las Vegas hotel room and didn't appear to be interested in collectibles that he didn't believe belonged to him, a witness testified in a preliminary hearing Friday.

Thomas Riccio, who allegedly set up the confrontation, testified under cross examination that Simpson may not have seen a gun during the incident at all.

After the confrontation, Simpson called Ricco and "made it clear to me he didn't see a gun, and I made it clear to him that I did," Riccio said.

"He kept saying over and over again, 'I didn't see a gun,'" Riccio said.

Riccio also said Simpson, who has said he was only trying to recover personal mementos that he thought were stolen from him, did not appear particularly interested in other collectibles, such as lithographs of Joe Montana.

The testimony came on the second day of a preliminary hearing to determine if there is enough evidence for Simpson and two co-defendants to be brought to trial on charges that include kidnapping and armed robbery. Simpson, Clarence Stewart and Charles Erlich are accused of robbing two sports memorabilia dealers inside their room at the Palace Station Hotel and Casino.

Thursday, Bruce Fromong, one of the dealers, testified that Simpson and several other men burst into his room Sept. 13 and stole the memorabilia, including items unrelated to Simpson, such as the Montana lithographs, and Fromong's cell phone. Fromong said he thought he was meeting an anonymous buyer who was interested in the items.

When he came in, Simpson was yelling, "I thought you were a friend. ... You stole from me," Fromong testified. Prosecutors also played an audio recording of the confrontation in which Simpson can be heard yelling at Fromong and the other alleged victim, Alfred Beardsley.

Riccio testified Friday that he and Simpson planned the operation but that the situation quickly escalated out of control once Simpson and his co-defendants were in the hotel room.

He said he only saw someone pull a gun after Fromong objected that his cell phone was being taken. The person with the gun was standing a few feet behind Simpson, Riccio said, and Simpson might not have been aware that he had a gun. Michael McClinton, who has cut a deal with prosecutors, is accused of brandishing the gun. Riccio also said Simpson never mentioned guns when he and Riccio were planning the confrontation.

Riccio said he set up the hotel room meeting after Beardsley contacted him, saying he had stolen O.J. Simpson memorabilia that he wanted to sell. "He came right out and said it was stolen from O.J.'s trophy room," Riccio said.

Prosecutors don't have to show much evidence at the preliminary hearing, which may last several days. They just have to show enough to persuade the judge of "probable cause" — sufficient evidence to reasonably believe that Simpson and his two co-defendants committed the crimes with which they've been charged.

According to police reports, two of the men were carrying guns and held Fromong and Beardsley at bay while Simpson and his alleged accomplices carried the memorabilia away in pillow cases. Fromong has said the memorabilia belonged to him and estimated its value at between $80,000 and $100,000.

Beardsley reported the alleged heist almost immediately, and over the next five days, Las Vegas police arrested Simpson and the alleged accomplices — Charles Cashmore, Walter Alexander, Michael McClinton, Clarence Stewart and Charles Ehrlich.

Las Vegas District Attorney David Roger and his colleagues may try to make their case through witnesses such as Cashmore, who have criminal backgrounds and questionable credibility. The possible witnesses include three former defendants who agreed to cooperate with the prosecution in exchange for having the charges against them reduced.

Riccio, a California auctioneer and former business associate of Simpson, is one of the more controversial figures in the case.

He admitted Friday that he made an audio recording of the confrontation and then arranged to sell the tape to a celebrity news Web site before telling the police about the recording. Thursday, Riccio's lawyer told ABC News that Riccio had signed a deal with Phoenix Books to write a book about the incident, tentatively titled "Why I Did It" -- a play off the name of Simpson's book, released earlier this year, "If I Did It."

Cashmore has a 1996 guilty plea for theft on his record. O.J.'s golf buddy Walter Alexander pleaded guilty in 1998 to a drug possession charge, according to the New York Daily News.

Whether the witnesses prove vulnerable on the stand "depends on how well they perform, how sincere they come across," said Louis Palazzo, a criminal defense lawyer in Las Vegas. "I think it can go either way whether [the judge] will embrace their testimony or hold it against the prosecutor."

Cashmore, Alexander and McClinton cut deals with the prosecution, and are awaiting sentencing. The others were charged with 11 felonies and one gross misdemeanor, including robbery, burglary and first-degree kidnapping with a deadly weapon. The kidnapping charge carries a possible sentence of 10 years to life in prison.

About three weeks before the alleged hotel room heist, Riccio told the FBI in Los Angeles about his plan to confront a man who had Simpson's memorabilia, and to film the confrontation. The agents advised Riccio to consult a lawyer about the plan's legality. It's unclear how this revelation may affect the case, but Palazzo and other defense lawyers believe that it may support Simpson's defense.

"I think it speaks to what [Simpson's] intent was," said Palazzo, who added that it gives "some degree of credence and veracity to his claim that he was trying to take goods that were taken from him unlawfully."

Riccio, who has been granted immunity in exchange for his cooperation, and may be an important witness for the prosecution, also has a criminal past. According to public records, he has been convicted of at least three felonies, including arson, felony grand theft and receipt of stolen property.

He also planted a recording device in the hotel room where the alleged heist occurred, and then sold the recordings to media outlets. Several hours of the recordings were turned over to the police, and prosecutors may play a portion of them during the preliminary hearing.

If the judge finds probable cause at the hearing, then the case will be bound over for trial to Las Vegas District Court. Within a week or two, the District Court judge will hold an arraignment, at which Simpson and the two other defendants will plead guilty or not guilty to the charges.

After the arraignment, defense lawyers will probably file a writ of habeas corpus — a last-ditch attempt to argue that the defendants should be released because prosecutors failed to show probable cause. The writ is unlikely to be granted.

If the defendants plead not guilty, the judge will set a trial date. The defense will probably waive its right to go to trial within 60 days, because it will want more time to prepare its case.

Simpson, a former NFL star, is best known for the sensational 1990s murder trial when he was acquitted of killing his former wife, Nicole, and her friend Ron Goldman. A later civil trail found him liable for the deaths.

With Reynolds Holding, Lauren Pearle, Chris Francescani and The Associated Press