yale galanter

Las Vegas police charged O.J. Simpson with 10 felonies and one misdemeanor (PDF) in connection with an alleged armed robbery in a room at the Palace Station Hotel & Casino last Thursday evening. Simpson says he was only engaged in a "sting operation" to retrieve sports memorabilia that belonged to him. He claimed that he had the right to self-help because the items were wrongfully taken from him. Yesterday, Yale Galanter, Simpson's defense lawyer, previewed his legal strategy, saying that you "can't rob something that is yours." Would Simpson really have the right to steal back something that was stolen from him?

Maybe, but it depends on Nevada law. Simpson's claim that he had the right to take back his own property is a defense to theft and robbery charges under the common law developed over the years by the courts. This "claim of right" defense provides that you can't be found to have the intent necessary to steal if you have a good faith belief that the property you take belongs to you, even if that belief is mistaken. Simply put, without intent there can be no crime.

It's unclear, however, whether this common-law tradition applies in the state of Nevada. Its law doesn't appear to spell out whether claim of right is available to those charged with crimes. But local lawmakers seem to have incorporated it into their burglary statute. That crime is defined as the theft under specific circumstances of personal goods or property "owned by another person." If the memorabilia that Simpson took did, in fact, belong to him, he may well have a solid defense, since he would not have taken anything owned by another person. Having done so while in the possession of a deadly weapon, however, may complicate the matter.

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But the claim of right defense won't necessarily get Simpson off the hook. In addition to burglary, he's also charged with robbery, which Nevada law classifies as a crime against a person, as opposed to a crime against property (like burglary). Robbery focuses on the act of physically taking property from the "person of another," so a claim of right to the property isn't likely to apply. Even if it does, it surely won't work as a defense to the litany of other serious crimes Simpson has been charged with, including first-degree kidnapping with use of a deadly weapon and assault with a deadly weapon.

Yale Galanter is a nationally recognized authority in the field of criminal litigation. He is an expert in the area of criminal trial law with more than 20 years of experience.
Mr. Galanter is a popular television guest and speaker on criminal issues on America's most high profile cases. He has been interviewed and mentioned in many prominent publications including The New York Times, The Wall Street Journal and USA Today among other publications.

Mr. Galanter is called upon on a routine basis by the national broadcast media to provide informed courtroom commentary regarding prominent trials. These trials have included the Kobe Bryant case, the Michael Peterson case, the Scott Peterson case and the Robert Blake case among others.

Mr. Galanter has been featured and/or asked to appear on national television programs including; Catherine Crier Live (Court T.V.), The Today Show (NBC), Good Morning America (ABC), Dayside with Linda Vester (Fox), The Abrams Report (MSNBC) The O'Reilly Factor (Fox), CNN, CNN Headline News.

Attorney Scott Holper went ballistic after O.J.'s court hearing, saying this about Simpson's lawyer, Yale Galanter: "He thinks he's the big shot. Let's go over to Johnny Taco's gym and play."

Then he went on!

Galanter trashed Holper outside court, saying Holper falsely represented himself as Simpson's lawyer. Holper just told TMZ by phone, saying "I assisted OJ. He thanks me and said he appreciated my support and he told me as well as his daughter and sister that they wanted me on the defense team."

Holper says Galanter is not doing his job by "putting 100% of his efforts on his client rather than attacking another attorney who helped Mr. Simpson."

Holper took shots at Las Vegas lawyer Gabriel Grasso too, who is currently assisting Galanter -- "Mr. Grasso has a feeling he may be some kind of big shot. He made comments to people in the courthouse commenting on my competency and lack of experience to assist in a case of this nature."

Holper says, "I hope in the end OJ is acquitted. I believe after my meetings with Mr. Simpson I truly believe he is innocent."