FOX5 legal analyst gives perspective on Simpson hearing - FOX5 Vegas - KVVU

FOX5 legal analyst gives perspective on Simpson hearing

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LAS VEGAS (FOX5) -

The hearing to determine if O.J. Simpson will get a new trial is over.

Now everyone waits for the judge's decision.

That decision is expected to take two to three weeks and will likely be emailed to both sides.

Simpson's attorney's described his mood as "cautiously optimistic" after the weeklong hearing concluded.

Simpson's bid to have his conviction thrown out centered around the argument that his lead attorney Yale Galanter gave him ineffective counsel.

Now it's up to Judge Linda Bell to decide who was credible.

"When you look at the testimony and listen to the testimony this week, of everybody that testified, O.J. Simpson probably came across as the most credible, no-nonsense type of testimony," said FOX5 Legal Analyst Bob Massi.

The judge now has to not only review everything presented this week but also go through the 2008 trial before deciding if Simpson's team presented enough evidence to overturn a jury conviction.

"She has to make a determination if she believes, did he have effective assistance of counsel," Massi said. "Was he in any way denied his constitutional right to a fair trial? Was he given the opportunity he should be given? If she decides no, he could get a new trial. She has a tough decision to make."

Should the conviction be thrown out, the next decision comes from District Attorney Steve Wolfson, who could decide to try Simpson again, attempt a plea bargain or give Simpson credit for time served and kick him loose.

Simpson's attorney's said if it comes to that, they will seek his release while decisions are made.

Simpson has been turned back over to the Nevada Department of Corrections.

It will be their decision on when he is returned to Lovelock.

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