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Audio subpoenaed in Simpson case

August 01, 2008|From the Associated Press

LAS VEGAS — The judge in the O.J. Simpson armed robbery and kidnapping case ordered a man to be brought to court with a recording that may contradict sworn testimony from a key witness against Simpson.

Lawyer Robert Lucherini told Clark County District Court Judge Jackie Glass on Thursday that he heard Kevin Mikell, a former client of his, play an audio recording in which Michael McClinton contradicts testimony he gave in a preliminary hearing in November.

McClinton testified that Simpson directed him to bring guns to a confrontation with two sports memorabilia dealers at a Las Vegas casino hotel room on Sept. 13. McClinton testified that he wielded one of the weapons after Simpson told him, "Show them your weapon and look menacing."

McClinton's account could be crucial for prosecutors to try to disprove Simpson's claim that no guns were displayed and that he never asked anyone to bring guns, didn't know anyone had guns, and intended only to retrieve keepsakes that had been stolen from him.

Lucherini said Mikell, whom he called a onetime friend of McClinton, wouldn't let him keep the recording or make a copy, and now won't respond to his telephone calls.

Prosecutor Chris Owens told the judge that investigators also hit "a block wall" trying to reach Mikell.

"Let's see if you can subpoena him to be here" for the next pretrial hearing, on Aug. 25, Glass told Owens. "We're going to see what we can do about the mysterious Mr. Mikell."

Simpson, Clarence "C.J." Stewart and Charles Ehrlich are due to stand trial Sept. 8 in Las Vegas on charges of kidnapping, armed robbery and assault with a deadly weapon.

McClinton, 50, of Las Vegas, originally was charged in the case but took a plea deal.

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