Now that we’ve learned a knife was reportedly found buried at O.J. Simpson’s estate, long after he was acquitted of Nicole Brown Simpson and Ron Goldman’s murders, many Twitter users are wondering if he can be tried again. HollywoodLife.com spoke to an attorney, and we have the answer!
Can O.J. Simpson be tried again now that a knife was reportedly found buried at his estate, long after he was acquitted of double homicide, or does double jeopardy award him immunity? Those are the questions we asked an attorney, who spoke with HollywoodLife.com EXCLUSIVELY, and gave us the answers!
LA police are reportedly testing a knife that was found buried at O.J. Simpson’s estate, as reported by TMZ, but even if they find his or Nicole Brown Simpson and Ron Goldman’s DNA on it, it won’t lead to the case being reopened. It could, however, affect O.J.’s freedom. Defense attorney James E. Silverstein told HollywoodLife.com EXCLUSIVELY:
“The latest revelation that the LAPD has taken possession of a knife from a retired Police Officer, which was allegedly discovered by a construction worker in 1998 at the Rockingham property during its demolition, has opened a pandora’s box for O.J. Simpson which could further effect his freedom. O.J. is presently serving a 33 year sentence in Nevada for a 2007 armed Robbery conviction. He is apparently eligible for his first parole hearing next year.
O.J. was acquitted by a Los Angeles jury in 1995 of the murders of Nicole Brown Simpson and Ronald Goldman. The question becomes what could happen to O.J. should DNA testing of the knife prove that it was the murder weapon used in the slayings, especially if Orenthal’s DNA is found on it as well. On the one hand, the Fifth Amendment to the United States Constitution would bar the Los Angeles County District Attorney’s Office from reopening the case as to O.J. Simpson on the grounds of Double Jeopardy, regardless of whether O.J. now admitted the killings, or the knife otherwise conclusively implicated him therein. Double Jeopardy is a defense which prohibits the Government from trying a criminal defendant on the same or similar charges following that Defendant’s acquittal of the same or similar charges at a previous trial, regardless of whether subsequent incriminating evidence is later found. The rational behind the bar of Double Jeopardy is fairness for the Defendant, and that finality is a paramount consideration, even more than discovering the truth in certain situations.
On the other hand, as a practical matter, notwithstanding the Double Jeopardy bar to a new prosecution in Los Angeles, O.J. Simpson could still find himself in further hot water should the knife prove to implicate him in the murders. As mentioned, O.J. is coming upon his first parole hearing in Nevada next year, and if the knife proves to be a dagger towards O.J.’s proclamation of innocence, the Parole Board in Nevada could very well consider that development in determining whether or not to grant O.J. parole. O.J. would obviously deny any involvement, and argue that based on previous allegations of police misconduct in the investigation which were raised during the trial, that the Police planted the knife. While it is extremely doubtful that anyone from the Parole Board would ever admit that line of thinking, it is a very real possibility.”
As HollywoodLife.com previously reported, a retired LAPD cop recently told his friend, who works in LAPD’s Robbery Homicide Division, about the knife he discovered buried at O.J.’s estate, and said he was framing it. When his friend freaked out and demanded he turn the knife over to authorities, he did. And now, a secret investigation has been launched. The knife is reportedly getting tested for fingerprints, blood, hair and more traces of DNA.
Obviously, there’s a lot of renewed interest in the trial due to the new FX series, The People Vs. O.J. Simpson. As the district attorney previously mentioned, O.J. was arrested in 2007 and charged with felony criminal conspiracy, kidnapping, assault, robbery, and using a deadly weapon. He was sentenced to 33 years in prison, and is currently serving out his time. He is, however, eligible for parole in 2017.
What do YOU think, HollywoodLifers? Should O.J. Simpson be tried again? Should his parole be denied? Tell us below.