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O.J. Simpson Faces Parole Board. Aired 1:30-2p ET

Aired July 20, 2017 - 13:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[13:30:00] O.J. SIMPSON, INMATE & LOVELOCK CORRECTIONA FACILITY & FORMER PRO FOOTBALL PLAYER & ACTOR: My primary -- my primary responsibility was rules enforcement and, you know, player -- appointment. You know? Guys it's hot. They argue. My job is that they get surely with one another to remove them from the game. And if it goes beyond that, go to the Coach Raley (ph) and have them suspended. I never got any blowback from the guys because they know I've done the best I can and I'm just trying to keep them out of trouble. So my -- my -- my agenda was full here. I've been active, totally active for as long years I've been here. I don't have much time to sit around and do anything. I don't know if that answered your question, but --

SUSAN JACKSON COMMISSIONER, NEVADA BOARD OF PAROLE: So of all of the programs you had an opportunity to complete, what do you believe is the most significant, for you personally?

SIMPSON: For me, personally, it was the alternative violence. As I said, I think that should be mandatory for every inmate here. You know? Once again, guys get hot here, and we've had our share of fights here. And as I said, I've been called in, sometimes to try to keep guys from fighting. And you have groups. You know? It's the Titans, the North Town Boys, they all --- I mean it's crazy. And most of the time over something really, really stupid. You know? In a basketball game, somebody says something to somebody, or somebody will go to somebody and complain to them about it, and it's how they complain to them about it that actually initiated the -- the conflict. You know? The fights. So I -- for the life of me, I don't understand why that is not a mandatory course for everybody here.

Excuse me. My mind is -- trying to think of other things. But that's the course that I would recommend to everybody. I mean, I took -- I took a computer course here not because I -- I was computer illiterate, but I took the computer course because I -- I sometimes I could never get my kids on the phone but if you text them or send something to them on the computer you can get them. So I actually took that course so I could better communicate with my children.

JACKSON: All right. And had these programs prepared you to return to the community setting?

SIMPSON: I believe so. You know, I -- look, I -- I've missed a lot of time, like 36 birthdays with my children. And, you know, I spent the 12 years leading up to this incident in Vegas raising two kids, and in L.A. I mean, I'm sorry, in Miami. And, you know, with all the media stuff, you know. We got guys like Jeffrey Felix making up stories and stuff. That was happening out on the street also. But I was able to keep their eye on the ball. Went to the colleges their choice and ended up missing their graduation because of it. Trust me. I wish it would have never happened. But as I said, the courses that I've taken, it -- I hope it helps me more if I run into those conflicts with my kids. I'm not a guy that has conflicts on the street. I don't expect to have any when I -- when I leave here. But I feel that I'm much better prepared. But more so -- from I think my commitment to being a better Christian. Because I thought I was good guy. I had some problems with fidelity in my life. But I've always been a guy that pretty much got along with everybody.

JACKSON: Are you humbled by this incarceration?

SIMPSON: Oh, yes. For sure. As I said, I wish it would have never happened. I was going to start -- I didn't know how we were going to do this, by apologizing to the people of Nevada, because -- I wish this would have never happened. I apologized to them at my sentencing. There was nothing I could do about this kind of media circus that's going on right now. But I could do something about the whole thing in the beginning. If I would have made a -- a better judgment back then, none of this would have happened. And I -- I take full responsibility because I should have never -- you know, I haven't made any excuses in nine years here, but I should have never allowed these alleged security guys to help me, because it turned out they were only trying to help themselves. If they weren't there, Bruce and I, we tried to do this. We tried to sit down in the room and call this guy, Mike Gilbert, and discuss it all, but these guys took over and we were unable to do that. If we were able to do that, you would have never heard about this. None of us would be here today.

JACKSON: OK. And lastly, I'd like you to know we receive hundreds of letters of support, and opposition. And while we always encourage public input, the majority of opposition letters are asking us to consider your 1995 acquittal and subsequent civil judgment, however, these items will not be considered in this case.

Thank you.

[13:35:17] SIMPSON: Thank you.

(CROSSTALK)

SIMPSON: Thank you.

ADAM ENDEL, COMMISSIONER, NEVADA BOARD OF PAROLE: All right, Mr. Simpson, I -- when we grant a parole, one of the additions, court- ordered restitution to the victims of the crime. According to the judgment of conviction in this case you and your co-defendants were ordered to pay $3,560 in restitution and return 12 Montana lithographs to the victims. Can you tell us the status of the restitution and the return of the property taken during the robbery?

SIMPSON: Well, one, I was unaware of the restitution. I do know about the -- the prints. When I was talking to Bruce on the phone and asking him was there anything else that should be yours, he said, a cell phone. Right? So I said, do you want to come and meet us with that or do you -- or how do you want to do it? A Mr. Cashmore -- now, the guy didn't know him. Mr. Cashmore said, hey, I got to go by that hotel. I'll drop it off. Right? He testified to this, too. This is not -- an allegation from me. Mr. Cashmore testified to it. So I say, hey, this guy's going to come back, he's going to drop it off at the hotel. His testimony later was that he didn't remember the name of who he was supposed to drop it off to, and that they had decided to screw O.J. We're going to keep this stuff. I mean, this is his testimony in court. The last thing I heard is that he actually tried to use those prints as -- as, you know -- the word. I can't find the word. To get his bail, his bail bonds. He was trying to use -- I can't remember the word.

(CROSSTALK)

ENDEL: I think I'm kind of --

SIMPSON: Restitution for his bail bond. I know about the lithograph. It was this Cashmore guy, that he had them and he testified to the fact in court that he had them.

ENDEL: And let me ask you this --

SIMPSON: The restitution was paid by my lawyer.

ENDEL: OK.

SIMPSON: Yes.

ENDEL: So the final restitution has been paid, and there is no pending --

(CROSSTALK)

SIMPSON: Yes.

ENDEL: The property returned with the lithographs as well?

(CROSSTALK)

SIMPSON: I have no idea what this guy's -- oh, yeah. He said they have been returned to him. I'm sorry. Bruce just signaled to me they have been returned to him.

ENDEL: Thank you.

(CROSSTALK)

SIMPSON: Thank you.

ENDEL: And so if granted parole as opposed to completing your sentence in prison, you will be under supervision in the community. Why is it better to be in the community than in the prison?

SIMPSON: You know, I do have four kids. I've missed a lot of time with those kids. I think I am a guy who has always been a giving guy. I've -- even on the street, people have always come to me. You know, I -- my reputation has always been that I'm open to the public. I'm open to everybody. You know? You know, right now, I'm at a point in my life where all I want to do is spend time -- as much time as I can with my children and my friends, and -- and I'm not looking to be involved with the media. I've had so many offers for interviews when I've been here in Lovelock and I've turned them all down. I'm not interested in any of that. I've done my time. You know? I've done it as well and as respectfully as I think anybody can. I think if you talk to the wardens, they'll tell you I've been -- I gave them my word. I believe in the jury system. I've honored their verdict. I've not complained for nine years. All I've done is try to be helpful and encourage the guys around there, hey, man, do your time, fight in court, and don't do anything that's going to extend your time. That's the life I've tried to live because I want to get back to my kids and my family.

ENDEL: All right. Do you realize that if you're granted parole, you could be returned to prison for any violation or conditions of parole? Do you understand that?

SIMPSON: Yes, sir. I do.

ENDEL: Those conditions could be easily as not drinking alcohol to excess, associating with ex ex-felons, leaving the state without permission, being subject to search and seizure. There's going to be a whole slew of conditions you're going to have to follow. And do you think you can be successful meeting the terms of parole?

[13:40:02] SIMPSON: Beyond a doubt. I haven't drank in nine years and haven't missed it. You know, most of my life, I could be stopped and searched whenever they -- I'm not a guy who lived a criminal life. You know, I'm a pretty straight shooter. I've always tried to be a good soldier. And -- I -- I have no problem. None whatsoever, in living with those conditions.

ENDEL: So here's the other side of that. As an easily recognized person in the community, if you're granted parole, how will you handle public scrutiny in the community?

SIMPSON: Well, I've been recognized ever since I was 19 years old. You know? I'm sure Bruce will tell you. Wherever we've been, it's always a crowd. This is not new to me. Rarely have I even -- even in the last 20 years, rarely have I even had any person give me any negative stuff in the street. People give you looks and everything, but I'm pretty easily approachable. I've dealt with it all my life. And I really don't see any problem dealing with the public now, at all.

CONNIE BISBEE: OK. And Mr. Simpson, we've been -- since we've been made aware that you're requesting to live in Florida, I've asked Captain Shaw Arruti to come to today's hearing and explain the pre- release and interstate compact process for us. Captain Arruti is an officer within the Nevada Division of Parole Supervision. He's also the interstate compact commissioner for the state of Nevada.

I'm going to ask him to come forward.

And again, these happen behind the scenes of any hearing.

SIMPSON: Yes.

BISBEE: But because you have a crowd of people asking questions, we thought it would be best to have Captain Arruti present to explain to everyone.

SIMPSON: Thank you.

(CROSSTALK)

SIMPSON: Stay in Nevada? I don't think you guys want me here.

(LAUGHTER)

(INAUDIBLE).

(LAUGHTER)

SHAWN ARRUTI, CAPTAIN, DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOME PROBATION & NEVADA INTERSTATE COMPACT COMMISSIONER: Good morning. I'm Captain Shawna Ruby, from the Department of Public Safety Division of Home Probation. As Chairman Bisbee shared with you, I serve two roles. I'm a captain with the Division of Probation for Headquarters and I also serve as the commissioner for the -- for Nevada for the interstate compact.

When it comes to the interstate compact, the things that are looked at is what is your support system in that other state? Are you a resident of the other state as defined by the compact, meaning that you were living there for at least a year prior to the date that you committed the offense? Or do you have resident family there that can serve as your support system? And resident family is fairly specific, but adults, siblings and adult children can serve as your resident family sponsor to provide you with that tie to the other state that would allow you to qualify for a transfer.

But that's just the first part of it. First, we have to establish what your support system is and whether or not you qualify for that transfer. And then we make the determination if it's in your best interests to request that transfer for you.

Once we make that decision, there is an offender application for transfer, including a waiver of extradition, which is required to be signed before anyone is allowed to submit a request for transfer to another state. What that does is it outlines to you what the requirements of the compact are, that you're subject to terms and conditions gnome by the sending state, which in this case would be Nevada, but also by the receiving state. If you were looking to join your family in Florida, that -- that Florida would be able to impose conditions on you that would be consistent in the same manner they would treat one of their own offenders in a like circumstance.

From the -- once that offender application for transfer, would be a waiver of extradition. Waiver of extradition serves the purpose that, if for some reason you violate the terms and conditions of your supervision, you understand that Nevada has the authority to come and return you to Nevada to answer for those violations. Once we obtain that signed defender application, we will process that, along with the other paperwork and documents that we need to submit to the other state. And they will then have up to 45 days to conduct their investigation on whether or not -- whether or not you qualify for the transfer and whether or not you have a valid plan of supervision. Once they determine that, their caseworkers will forward that through their compact office back to the Nevada compact office. And once we have a decision by that other state, then that would be provided to you through the -- through your case manager at the Department of Corrections. That's how the interstate compact part works.

[13:45:17] On the prerelease side, the prerelease we have prerelease specialists who work closely with the caseworkers at the Nevada Department of Corrections. And they develop -- they help to develop a valid plan of supervision we were talking about. What is your plan of release? Where do you want to go to? Who's your support system?

Once they make that determination they process the information that's necessary. And in this case, if you were to apply for an interstate compact, our prerelease specialist would be the ones to forward those documents to the other state for their consideration. Once the determination was made and once a valid plan was developed, then they would work with your case worker to set up your release. And your case worker would then manage the release through the Nevada Department of Corrections.

BISBEE: Does the panel have any questions of Captain Arruti?

OK. Thank you.

ARRUTI: Thank you.

ENDEL: Thank you.

JACKSON: Now, Mr. LaVergne, I'm going to defer to the two of you, you and Mr. Simpson. We'd like Mr. Simpson to be able to tell us anything else he'd like to tell us. We'd also like to hear from one of the supporters, if one wishes to make a brief statement to the board.

And we would also like to hear your statement, Mr. LaVergne. So I'm going to put that back to you as to what order you want toes three things to happen.

(CROSSTALK)

MALCOLM LAVERGNE, ATTORNEY FOR O.J. SIMPSON: We're going to hear -- Mr. Simpson -- we're going to hear from Mr. Simpson's daughter, Arnelle Simpson, first, and then I'll make some closing remarks.

JACKSON: OK. And Officer Batista, if you will make that switch for us, please.

SIMPSON: Thank you.

JACKSON: Good morning. If you will give us your name and for the record your relationship to Mr. Simpson?

ARNELLE SIMPSON, DAUGHTER OF O.J. SIMPSON: Yes. I am Arnelle Simpson, my dad's oldest child of four.

JACKSON: Ms. Simpson, welcome. And feel free to speak.

ARNELLE SIMPSON: Thank you. I'm a little nervous association bear with me.

(CROSSTALK)

(LAUGHTER)

ARNELLE SIMPSON: I know.

As you know I'm here on behalf of my family. For the purpose of expressing what we believe is the true character of my father.

No one really knows how much we have been through. This ordeal in the last nine years. Excuse me. My experience is that he's like my best friend and my rock. And as a family, we recognize that he is not the perfect man, but he's clearly a man and a father that has done his best to behave the way that speaks to his overall nature and character, which is always to be positive no matter what. He has spent the last nine years in Lovelock as we all know and has been a perfect inmate following all the rules and making the best of the situation, which is truly amazing to me under the circumstances.

The choice that he made nine years ago, that resulted in this sentencing, were clearly inappropriate and wrong and counterproductive to what he was trying to achieve. As a family, we were all there to celebrate a wedding of a very good friend. As his daughter, I can honestly say my dad recognizes that he took the wrong approach and could not handle the situation -- he could have handled the situation differently. My siblings and I and family know that he didn't make the right decision on that day. But we know that his intentions were not to go in and to just make the wrong decision at the wrong time.

[13:50:14] Throughout this ordeal, we have remained close. We have stayed strong. And I, for myself, am grateful to God for giving us the strength to get through this last nine years and to stay positive always, no matter what. And a lot of that is because of him.

So, on behalf of my family, my brother, my sister, an aunt, an uncle, his friends, we just want him to come home. We really do. We want him to come home. And I know in my heart that he is very humbled throughout the situation.

This has been hard. I'm going to be honest. This has been really, truly hard. And there's no right or wrong way to explain how to handle this. But we do know that -- I know that he is remorseful. He truly is remorseful. And we just want him to come home so that we can move forward for us, quietly, but to move forward.

So I thank you for allowing me to be here this morning. I thank you.

[13:56:45] JACKSON: Thank you, Ms. Simpson. We appreciate you being present. And we appreciate your comments.

Officer Batista, please bring Mr. Simpson back to the table, please.

UNIDENTIFIED POLICE OFFICER: Yes, ma'am.

JACKSON: And, Mr. LaVergne, this would be the time for you and Mr. Simpson to make any closing remarks that you'd like to make.

LAVERGNE: Well, thank you, Commissioner.

I have a letter I provided through your liaison. It's an undated letter from Mr. Simpson to Assemblyman Oswaldo Fumo. That should have been provided to you.

(CROSSTALK)

JACKSON: We do have that as part of the record.

LAVERGNE: Give me two seconds to get set up here, because that's where I'm going to start.

Did you take the letter? I can't find it now.

And the letter, as you can see, is very short. I think it would be appropriate just to read it into the record, if the commissioners would allow me to.

JACKSON: That would be fine.

LAVERGNE: OK. But the first I think I have to do is find it. Here it is.

By way of setting this letter up, by the way, the most important part about this letter is that this was not a letter that Mr. Simpson provided to me, OK? What happened is Mr. Simpson, at some point, wanted me to communicate with an individual by the name of Oswaldo Fumo. He's an assemblyman, and prior to that time, and still now he's an attorney. And in the interest of full disclosure, he was one of Mr. Simpson's attorneys during the habeas proceedings related to this case. But since that time, Oswaldo, or Ozzie, as I call him -- he's a friend of mine, too -- he became an assemblyman with the Nevada legislature. And after that, Mr. Simpson sent Mr. Fumo a letter. And I found out about that letter not through Mr. Simpson. I found out about this letter through Mr. Fumo when I was advised to thank Ozzie Fumo for providing some -- was it books and some educational equipment to the prison here at Lovelock, Nevada.

And so here -- I'm going to read that letter. And by the way, Mr. Simpson did authenticate this letter this morning. I only produced this to him this morning when I got to see him prior to this hearing. He did indicate that he was the one who wrote this letter. And even though it's not dated, he indicated it was probably sent to Ozzie within the last nine months or so.

[13:54:29] "Dear Legislator Fumo, first of all, allow me to say how happy I was to hear about your new position as a state legislator, although I was not surprised to hear about your interest in furthering the education and helping of prison inmates. I must admit I've always taken my exposure to education for granted. Partly due to my prowess as an athlete, I have always been afforded opportunities for higher education. It wasn't until I got to prison that I realized just how many people did not have the exposure to said education, in part, because of their circumstances, i.e. gangs, bad neighborhoods, lack of parental supervision, poverty, et cetera, but Ozzie, I can't tell you how inspiring it is to see how said inmates have taken advantage of the educational department and the advantages that it offers. I have seen a change in some inmates, as far as their self-esteem goes, that is amazing. They come to now talk about subjects that they would never -- would have never even thought about before their exposure to education. They talk to me about things they want to do when they are released, things they never would have thought about they were capable of before. They say, quote, "You can't teach an old dog new tricks," end quote, and as a, quote, "old dog," end quote, my friend, I can tell you that is not true. I am currently taking a computer science course or just a computer course that is showing me that even I am capable of learning new skills. These new skills, at the very minimum, will help me better communicate with my children. Who knows, you may even see a Web cast or blog in my future.

(LAUGHTER)

I work in the athletic department here at Lovelock. And I fully enjoy what I do and can tell you that this is very important for the inmates to have a release for their energy and for recreation. But I can think of no better place to use state funds than to educate, add to their self-esteem, and to prepare these guys for their eventual release. In closing, I want to tell you how much I look forward to the following -- to following your political career and your participation in what I know will be a very successful prison educational program. Gratefully yours." And it's signed by Mr. Simpson.

And the reason I wanted to read this to you is because -- and just kind of surprise Mr. Simpson with it -- is because, obviously, this is Mr. Simpson's -- what I would consider one of Mr. Simpson's first opportunities to have clout in the political system of the state of Nevada. He pretty much has an in at that point. He has Ozzie Fumo, who they had an attorney-client relationship with, a very good relationship. And now Ozzie is in the assembly. He's in a position of power. And what does Mr. Simpson do? Does he say, Ozzie, can I have a better bed? Or does he say, Ozzie, can you get me -- can you pull some strings, get me out of here earlier? No. He doesn't do any of that. He uses that clout -- the one time he has some clout in the state of Nevada, he uses that clout to obtain funding for books and education in this prison. You know, and some of those men, as Mr. Simpson said, they really are going to get out and have a decent and a better life for themselves as a result of Mr. Simpson's efforts through Mr. Fumo.

I think that's the definition of character. And frankly, I think if it was me personally who had been in prison for nine years and frankly, forget nine years, nine days, if I had that opportunity and a position of someone in a position of power who could do something for me like this, I would be saying, get me out of jail, OK? But he doesn't do that. It is very, very, very selfless. He's thinking about the people here. And it's also the definition, someone had asked earlier about being humble and some humility. It also shows a genuine form of humility that he has the capabilities to think of people here who are not as empowered and as privileged as he had been and when he gets out, probably will continue to be in society. So that's the first part of my closing remarks.

The second part of my closing remarks is to deal with the other individual in this case that was a victim -- he's not here -- and that's Mr. Beardsley. Mr. Beardsley, as you, I'm sure, are aware, is no longer with us. He passed away in about November of 2015. However, Mr. Beardsley and Mr. Furmong have made calls to my office and I've spoken to both of them. And the last time I recall speaking to Mr. Beardsley was in September of 2011. This is not that long after I had maybe been representing Mr. Simpson for a couple years at that point. I was a little uncomfortable that Mr. Beardsley, who is a victim in a case, and my client is considered the person who victimized him, so I did explain to him that I wanted to record the conversation, and he consented. And I asked him if he wanted an attorney before he talked to me and he said he was fine.

I bring up this recorded conversation because I reviewed it in anticipation of this hearing and that was from 2011, as I stated before. And since he's no longer here, I think I could just speak from the dead -- speak from, you know, someone who's speaking from the dead. He indicated in no uncertain terms in that conversation that he had cleared up this matter with Mr. Simpson. He was trying his hardest to do whatever you want to get Mr. Simpson out of prison. And he had just -- they had just made right. Mr. Simpson had apologized to him. And they had just basically made it right. And he was very, very --