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Nancy Grace

O.J. Simpson Sentenced to Prison

Aired December 05, 2008 - 20:00   ET

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


NANCY GRACE, HOST: Breaking news tonight. Thirteen years to the day after the double murders in Brentwood, Hall of Famer turned murder suspect O.J. Simpson found guilty on armed robbery and kidnap after blasting into a casino hotel room with an armed posse, making off with over $100,000 in sports memorabilia, all caught on tape.
Bombshell. In the last hours, Simpson pleads his case at sentencing, begging for leniency in open court, but Simpson sniffling in front of a judge didn`t work. A Vegas judge brings down the hammer, sentencing the former football great to the big house.

(BEGIN AUDIO CLIP)

O.J. SIMPSON: Don`t let nobody out of this room. (DELETED) think you can steal my (DELETED) and sell it?

UNIDENTIFIED MALE: No.

SIMPSON: Don`t let nobody out of here. (DELETED) You think you can steal my (DELETED)?

(END AUDIO CLIP)

(BEGIN VIDEO CLIP)

SIMPSON: Your honor, I stand here before you today sorry and somewhat confused.

UNIDENTIFIED MALE: O.J. Simpson is going to prison. He will not be a free man until he`s 70, at the earliest. The Las Vegas judge, Jackie Glass, sentenced him today in Clark County district court to at least 15 years on the most serious of 12 felony convictions.

SIMPSON: I realize I was stupid. I am sorry.

UNIDENTIFIED MALE: My client`s acts were beyond stupid.

JUDGE JACKIE GLASS, CLARK COUNTY DISTRICT COURT: It was much more than stupidity.

UNIDENTIFIED MALE: Stupidity is not criminality.

SIMPSON: I didn`t mean to steal anything from anybody. And I didn`t know I was doing anything illegal. I thought I was confronting friends and retrieving my property. So I`m sorry. I`m sorry for all of it.

(END VIDEO CLIP)

GRACE: And tonight, police desperately searching for a beautiful 3- year-old Florida girl, Caylee, after her grandparents report her missing, little Caylee now not seen 24 long weeks, last seen with her mother. So why didn`t Mommy call police?

Bombshell tonight. As we go to air, in a three-sentence blurb, Florida prosecutors announce they will not seek the death penalty against tot mom for the alleged chloroform murder of little Caylee, this as secret video from behind bars just released tonight, more of tot mom Casey Anthony`s personal jailhouse visits from parents George and Cindy, brother Lee, their private conversations, or so they thought, grilling her with questions about little Caylee`s disappearance.

From her own mouth, we hear the tot mom`s web of lies, admitting she hasn`t shed a single tear behind bars, even laughing and joking, claiming friends and lovers have twisted her words. After hours and hours of visits, still not a single legitimate discussion of the search for Caylee. The state piles on the witness list for trial. Tonight, where is Caylee?

(BEGIN VIDEO CLIP)

CINDY ANTHONY, MISSING TODDLER`S GRANDMOTHER: Casey, we have to find her before her third birthday.

CASEY ANTHONY, MISSING TODDLER`S MOTHER: Mom...

CINDY ANTHONY: That`s coming up fast.

CASEY ANTHONY: I know, a couple weeks.

CINDY ANTHONY: I don`t want to wait another minute.

CASEY ANTHONY: I don`t want to wait another minute. I want -- I want her to be found, whether I`m still stuck in here or not. I don`t care.

CINDY ANTHONY: I think once she`s found, then you can tell everybody what you know, and you`ll be -- you`ll be released. Don`t you think?

CASEY ANTHONY: Potentially? I don`t know. Yuri has it set in his mind that I`ve done something.

CINDY ANTHONY: Well, he thinks -- he thinks you guys did something to Caylee.

CASEY ANTHONY: Hey, can you hold on for a second? Wow, I`m glad I`m not on the outside.

(CROSSTALK)

CINDY ANTHONY: Oh, you`d be surprised the crap that`s coming, you know, that...

(CROSSTALK)

CASEY ANTHONY: I`m not surprised at the crap that`s coming. That`s another reason I don`t want to hear any of this media (DELETED). People want to have their face on the news, want to have their two seconds of fame. I never once wanted to be on TV or to have anything, period, let alone be the worst, catastrophic thing that could happen not only to myself but to our family.

(END VIDEO CLIP)

GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us. Breaking news tonight. NFL Hall of Famer turned double murder suspect O.J. Simpson heads to the big house in a Vegas armed robbery.

(BEGIN VIDEO CLIP)

SIMPSON: In no way did I mean to hurt anybody, to steal anything from anyone.

UNIDENTIFIED FEMALE: Count one, conspiracy to commit a crime. Count two, conspiracy to commit kidnapping. Count three, conspiracy to commit robbery. Count four, burglary while I possession of a deadly weapon. Count five, the first degree kidnapping with use of a deadly weapon.

UNIDENTIFIED FEMALE: O.J. Simpson has been sentenced to at least 15 years in prison. There is a possibility of parole, but basically, he`s going to be there at least nine years. The charges all come from an armed robbery attempt last year.

(BEGIN AUDIO CLIP)

SIMPSON: How do I know that`s you (DELETED) me? You try to take my (DELETED) shirt!

(CROSSTALK)

(END AUDIO CLIP)

SIMPSON: I spoke to Bruce. Before I left the room, he told me what was his. And I called him. And I got to the car, and I said exactly, Do you (INAUDIBLE) want to send it back to you? I talked to the police officers. I volunteered immediately to come back. I was the first guy that volunteered to do it, and I heard on the tapes that they thought I was stupid for doing it.

FRED GOLDMAN, FATHER OF RON GOLDMAN: This monster is where he belongs, behind bars.

SIMPSON: I didn`t want to steal anything from anybody. I don`t think anybody there said I wanted anybody else`s stuff, just my own.

(END VIDEO CLIP)

GRACE: Orenthal James Simpson in a Vegas courtroom today, apparently crying in front of the judge, although no tears ever were actually shed.

Out to Ky Plaskon with KXNT Newsradio, in court today. Did he actually cry?

KY PLASKON, KXNT NEWSRADIO: No, it didn`t look like he cried at all, but you could see his jaw kind of quivering. He was clenching his jaw for most of the time while his attorneys were speaking.

GRACE: Oh, please~! Ky, Ky, Ky! You didn`t fall for the quivering jaw, did you? Please!

PLASKON: Well, he did...

GRACE: What, did you just fall off...

PLASKON: He had been worked up really hard by his...

KAELIN: ... the turnip truck?

PLASKON: ... by his attorneys. Excuse me?

GRACE: Did you just fall off the turnip truck, Ky?

PLASKON: I`m not picking you up.

GRACE: Well, I asked you, did you just fall off the turnip truck. You didn`t fall for that quivering chin thing, did you?

PLASKON: It was -- you know, it was pretty convincing, and it would have been very convincing for the judge, as well. And she actually had to say, Look, if it hadn`t have been for this tape -- she didn`t expect to hear him apologize at all. And if hadn`t been for all the tapes and all the evidence against him -- she might have gone for a much more stiffer sentence, but she actually went for a lenient sentence. And this was exactly what the defense was hoping for here. Nine years, that`s really at the bottom here. He could have got 50 to 60 years.

GRACE: Yes, he certainly could. We are taking your calls live. Let`s take a listen to Simpson sniveling in front of the judge today in court.

(BEGIN VIDEO CLIP)

SIMPSON: Your honor, I stand before you today sorry, somewhat confused. I feel like apologetic to the people of the state of Nevada. I`ve been coming to Nevada since 1959. I worked summer jobs here for my uncle in `60 and `61, and I`ve been coming here ever since and I`ve never gotten into any trouble. People have always been fine to me.

When I came here, I came here for a wedding. I didn`t come here to -- I didn`t come here to reclaim property. I was told it was here. When he told me that Monday that the stuff was in Nevada, when he knew I was going to be in Nevada, I called my kids. I talked to my sisters. I called the Brown family and I told them I had a chance to get some of our property back, property that over the years, we`ve seen being sold on the Internet. We`ve seen pictures of ours that were stolen from our home going into the tabloids. We`ve called the police and asked what to do. They told us what to try to do. But you can never find out who was selling it.

And this was the first time I had an opportunity to catch the guys red-handed who had been stealing from my family. I knew these guys. I did think Mike Gilbert was -- would be there. And I know, as Faith (ph) told me, the two guys did it. He was the one who did it. But I have no hatred for Mike Gilbert. In the past, as we know, you heard on the tape, Mike Gilbert tried to set me up in a porn (ph) video, tricked me into a room with hidden cameras. And they still wrote in the newspaper and the tabloids, they still had cover stories that O.J. did it, even though there was no porn video, even though I didn`t participate in it.

I forgave Mike. I yelled at him. And I forgave him, just like I yelled at Bruce and Beardsley. And I`ve forgiven them. We`ve talked about it, Beardsley and I, the next day. And Bruce said -- I didn`t talk about it. His kids have called me since this. We`ve apologized to each other.

The only person I asked -- I requested to help me here was Mr. Stewart. I did request him. I needed his car. I asked him if he had some guys to help me remove these things from the room. I didn`t ask anybody to do anything but to stand behind me, allow me to yell at these guys, and then help me remove those things.

And if they wouldn`t let me remove them, we would call the cops on them because I felt that they were -- they were wrong. They had turn-over orders, and they hadn`t turned over some of these things that were both garnishable and things that were not garnishable. I didn`t want him to yell at them. I think Mr. McClintock (ph) in the previous trial said that I didn`t ask them to yell at anybody. Unfortunately, they did, and I believe it was my fault because I brought them there. And I...

(END VIDEO CLIP)

GRACE: OK. He`s not doing himself any favors on appeal. We`re going to bring you the rest of this. Very quickly, we`re taking your calls.

Let`s unleash the lawyers, David Cook, attorney for the Goldman family, Penny Douglas Furr out of Atlanta, John Burris. John, you`re a veteran trial lawyer out of San Francisco. This is not helping his appeal at all. He`s up there saying he did go into the room with a posse. Everybody wanted to go. How is he ever going to get anywhere on appeal, once they read this sentencing manifesto he`s giving to the judge?

JOHN BURRIS, DEFENSE ATTORNEY: Well, I certainly don`t think it`s helpful. That`s why you don`t have clients testify or give statements like this before a judge when the sentencing is taking place because if you`re really looking to appeal the case, you know, the appellate court will have access to this, although it`s not evidence per se. But it certainly is the kind of thing that can be hurtful. I think that O.J. did not help himself...

GRACE: No, he did not.

BURRIS: ... by making this kind of plea.

GRACE: Penny?

PENNY DOUGLAS FURR, DEFENSE ATTORNEY: Nancy, it`s his behavior for the past 10 years that`s already hurt him. This few minutes won`t help him. The judge has made up her mind. It`s not going to help him there. I would have asked him not to speak, if I was his attorney.

GRACE: David Cook?

DAVID COOK, ATTORNEY FOR RON GOLDMAN`S FAMILY: I noticed an Academy Award moment, personally. He should have gotten a nomination. Many of the statements he made were contrary to information we have. And in fact, he conspired with Mike Gilbert to remove all his stuff from his house. So...

GRACE: We`ll be back -- we`ll be right back with the lawyers, taking your calls, and more of O.J. Simpson sniveling in front of the judge.

(BEGIN VIDEO CLIP)

SIMPSON: All of the other guys except Mr. Stewart volunteered. They wanted to go. Mr. Stewart is the only person that I asked would he come to help me. All the rest of them, when they found out, they volunteered. Come on, let us go. One of them wanted to be the security guy. He claimed he was a security guy. But I didn`t mean to hurt anybody, and I didn`t mean to steal from anybody.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We, the jury in the above entitled action, find the defendant, Orenthal James Simpson, not guilty of the crime of murder in violation of penal code section 187A, a felony upon Nicole Brown Simpson. We, the jury in the above entitled action, find the defendant, Orenthal James Simpson, not guilty of the crime of murder in violation of penal code section 187A, a felony upon Ronald Lyle Goldman.

UNIDENTIFIED MALE: We, the jury at Miami-Dade County, Florida, this 24th day of October, 2001. As to count one of the charge, the defendant is not guilty. As to count two of the charge, the defendant is not guilty.

UNIDENTIFIED FEMALE: We, the jury in the above entitled case, find the defendant, Orenthal James Simpson, guilty. Count one, conspiracy to commit a crime, Guilty. Count two, conspiracy to commit kidnapping, guilty. Count three, conspiracy to commit robbery, guilty. Count four, burglary while in possession of a deadly weapon, guilty.

(END VIDEO CLIP)

GRACE: Thirteen years to the day from his acquittal many years ago for double murder in Brentwood, O. J. Simpson found guilty for armed robbery and kidnap. And today, the judge brings down the hammer. But not before Simpson got a chance to speak. Take a listen.

(BEGIN VIDEO CLIP)

SIMPSON: I didn`t want them to yell at them. I think Mr. McClintock in the previous trial said that I didn`t ask them to yell at anybody. Unfortunately, they did, and I believe it was my fault because I brought them there. And I knew the character of a couple of the guys that were there, and it was my fault that they were there.

There`s no way that I mean to hurt anybody, to steal anything from anyone. I spoke to Bruce before I left the room. He told me what was his. And I called him. And I got to the car, and I said, Exactly what do you have? I want it send it back to you.

I talked to the police officers. I volunteered immediately to come back, show them what was taken and to tell them what took place before anybody talked to the police. I was the first guy that volunteered to do it. And I heard on the tapes that they thought I was stupid for doing it. But I didn`t want to steal anything from anybody. I don`t think anybody there said I wanted anybody else`s stuff, just my own.

I wanted my daughter -- Miss Brown gave her her mother`s wedding ring -- stolen. You know, my kids had pictures. My oldest son has his own family now. He wanted the picture in the Oval Office with Gerald Ford when he was 5 years old -- stolen. All of these things were gone. My family knew what we were doing.

And I didn`t want to hurt Bruce. I didn`t want to hurt any of these guys. I know these guys. These guys have eaten in my home. I`ve done book reports with their kids. I`ve sung to their mothers when they were sick.

And I wasn`t there to hurt anybody. I just wanted my personal things. And I realize I was stupid. And I am sorry. I didn`t mean to steal anything from anybody. And I didn`t know I was doing anything illegal. I thought I was confronting friends and retrieving my property. So I`m sorry. I`m sorry for all of it.

But all the other guys except Mr. Stewart volunteered. He wanted to go. Mr. Stewart is the only person that I asked would he come to help me. All the rest of them, when they found out, they volunteered. Come on, let us go. One of them wanted to be the security guy. He claimed he was a security guy. But I didn`t mean to hurt anybody and I didn`t mean to steal from anybody.

(END VIDEO CLIP)

GRACE: Well, there you have it. He just confessed, right in front of the judge. I`m sure the appellate court will love hearing that. Just for a moment, I thought he was going to tune up and start crying.

But Art Harris, investigative journalist, he couldn`t quite pinch out a tear.

ART HARRIS, INVESTIGATIVE JOURNALIST: Nancy, this was a great moment. I just wished he`d had the glove in front of him to try on. Maybe that would have sparked a memory of great drama in acting in innocence, as we remember it.

But no, this was someone who may not be able to really cry for anyone but himself. And at the end, as he was led out, I remember -- I don`t know if you saw this, but he actually took his manacled hands that were handcuffed and seemed to raise them in sort of a thumbs-up and smiled at somebody. I couldn`t see who he was smiling at in the courtroom. But that was a quick turnover from the quivering lip.

GRACE: You know, it really was. And to Jean Casarez, legal correspondent for "In Session," you got an exclusive interview with Simpson`s co-defendant. Explain.

JEAN CASAREZ, "IN SESSION": That`s right. C.J. Stewart contacted me through his attorney and wanted to talk to me, so we flew to Las Vegas and we got that interview. And he, remarkably, does not have anger at Mr. Simpson, but he does not ever want to sit in a chair again in a courtroom with him. He feels he was convicted because he was tried with O.J. Simpson.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

CLARENCE STEWART, SIMPSON CO-DEFENDANT: And he didn`t realize that a crime was being committed because he`s the one is the victim, OK? Second, the man has been drinking all day.

CASAREZ: How big of a role did alcohol play that night?

STEWART: I don`t think he`s happy unless he`s sort of up tight, you know, with alcohol. You know, some people have to reach that certain level, you know? Like I said, I don`t -- he got played. He didn`t go in there with criminal intent.

(END VIDEO CLIP)

GRACE: Uh-huh. That is an interview by Court TV "In Session," Jean Casarez.

With me right now, a special guest, Kato Kaelin, as you recall him, witness at Simpson`s murder trial. Mr. Kaelin, it`s great to see you again. After all these years, do you really think Simpson was sorry?

KATO KAELIN, WITNESS AT SIMPSON MURDER TRIAL: You know, Nancy, the only person I think is tough as you is Judge Jackie Glass. I mean, you could see when he did his monologue -- and I say monologue as an actor, he`s doing a monologue, trying to plead to her. And you could kind of tell that she did not buy any of it. She could care less.

I think CNN actually even showed a cut-away, where she was sipping a slurpy during his speech. I think that she was just going, You know what - - she said it before about him being arrogant and stupidity, and then she goes, I didn`t know O.J., but now that after meeting you, it`s both. So you knew he was going down, and that speech did not matter to her one bit.

GRACE: So do you believe he is capable of being sorry?

KAELIN: For this? Absolutely not. So I think that he tried to come across heartfelt, but it`s not and...

GRACE: You know, you knew him.

KAELIN: I think it`s a karma trial, Nancy. It`s really a karma trial. And that`s exactly what happened to him. The karma caught up.

GRACE: No. Mr. Kaelin, you`ve known Simpson a very long time. Have you ever seen him do that quivering chin thing, where he acts like he`s upset?

KAELIN: I never have, you know, unless maybe he fumbled in Buffalo once. Who know? But no.

GRACE: And let me ask you this. Do you think that Simpson will take well to prison? Will he be, like, not just one of the other idiots, but the king of the idiots there behind bars?

KAELIN: Nancy, I think prison is going to make him suffer more than he can even imagine. You know, he has arthritis. I really think it`s going to be...

GRACE: Well, he has arthritis?

KAELIN: Well, I think -- I think what`s going to happen to him...

GRACE: So?

KAELIN: No, no. What I`m saying is, he`s going to suffer so much. I don`t think he has any idea of how painful it`s going to be. And I think it`s an apparent victory, of course, for Goldman. But it`s karma. And I think it`s deserved.

GRACE: You know, arthritis? I can think of two people who are nearly missing their heads because of him.

KAELIN: Oh, I didn`t mean it that way, Nancy. You know that. I`m saying he`s going to suffer. And it`s a good thing.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JUDGE JACKIE GLASS, CLARK COUNTY DISTRICT COURT: When you take a gun with you and you take men with you to show in a show of force, that`s not just a, Hey, give me my stuff back. That`s something else. And that`s what went on here, and that`s why we`re all here because this is not behavior that we can just say, Oops, it`s OK. No problem. Don`t worry. No harm, no foul.

(END VIDEO CLIP)

GRACE: The tough-as-nails judge giving Simpson 33 years behind bars. He`ll probably do about 9.

Back to Kato Kaelin, a witness at the original double murder trial, who is now starring in "The Weenie Man-O-Logs"...

KAELIN: Oh, yes.

GRACE: ... which is heading to Vancouver. I`ll say no more. Kato Kaelin, after the time that you`ve known him, I guess what I`m asking is, even after the double murders, did he exhibit any remorse?

KAELIN: Well, you know what? I moved out pretty much immediately. But no, I never experienced any remorse with O.J. at all. And Nancy, he`s an actor. You have to -- you know, I think there was some acting going on there in that robbery trial.

GRACE: You mean because of "Frogman"? That makes him an actor?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

O.J. SIMPSON, FORMER NFL STAR: When he told me that Monday that the stuff was in -- Nevada, when he knew I was going to be in Nevada, I called my kids, I talked to my sisters. I called the Brown family. And I told them I had a chance to get some of our property back.

We`ve called police and asked what to do. They`ve told us what to try to do. But you can never find out who was selling it. This is the first time I had an opportunity to catch the guys red-handed who had been stealing from my family.

FRED GOLDMAN, FATHER OF RON GOLDMAN: And he made a comment that he himself made a comment on some tape that he wanted to make sure that we didn`t get things from him. And as Kim said a second ago, if our efforts for all these years of pushing him drove him to commit burglary, armed burglary, armed robbery in Vegas, if that pushed him over the edge, great. Put him where he belongs.

SIMPSON: I didn`t want him to yell at him. I think in the previous trial it was said I didn`t ask them to yell at anybody. Unfortunately, they did. And I believe it was my fault, because I brought them there.

And I knew the character of a couple of the guys that were there, and it was my fault that they were there. Your honor, I stand before you today sorry. Somewhat confused. I feel like apologetic to the people of the state of Nevada.

I`ve been coming to Nevada since 1959. I worked summer jobs here for my uncle in `60 and `61, and I`ve been coming ever since, and I`ve never gotten in any trouble. People have always been fine to me. When I came here, I came here for a wedding. I didn`t come here to -- I didn`t come here to reclaim property. I was told it was here.

(END VIDEO CLIP)

NANCY GRACE, HOST: Isn`t it ironic that for all these years, Simpson has been selling memorabilia, signing photos, and autographs, making money and not paying off his judgment. But yet he is whining in front of the judge about somebody selling memorabilia he says belongs to him.

To Jean Casarez, I guess is he recovering to the Joe Montana and Pete Rose memorabilia he stole at gunpoint?

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": Right. The things that actually did not belong to him. You know, let`s look at Nevada law for a second. First of all, ignorance of the law is not a defense. Number two, you don`t need to have the specific intent to steal to commit armed robbery. You just have to take the property that`s in the possession of another.

And also, this is a conspiracy case. So the two guns that were in the room, you have implied participation and consent that those guns were there.

GRACE: To Art Harris, investigative journalist at ArtHarris.coms, is it true the judge was actually sipping a Slurpee during his speech?

ART HARRIS, ARTHARRIS.COM, INVESTIGATIVE JOURNALIST: I`ll take that as the gospel, but she also brought up that one thing he left out of the monologue, Nancy, was the guns. O.J. Simpson did not mention that his pals had guns. And she said that that was basically tantamount to an admission of guilt.

I mean the -- the fact that he called people and said, hey remember, there were no guns there. And she brought that up as a very telling, you know, bit of evidence that he didn`t talk about.

GRACE: And I`m sure the appeals court will love hearing this monologue when they take a look at his complaint that he`s actually innocent.

Out to the lines. Kimberly in Ohio. Hi, Kimberly.

UNIDENTIFIED FEMALE: Hi, Nancy. First I want to tell you how much I love watching your show.

GRACE: Thank you.

UNIDENTIFIED FEMALE: You`re welcome. Well, it`s already clear how Fred Goldman feels. But I wonder how if anybody has talked to Nicole`s parents and how they feel, especially given the date he was convicted on.

GRACE: What about it, Art?

HARRIS: I have not heard a comment from her family.

GRACE: And Kato Kaelin, original witness at the Simpson murder trial, how do you think her family is responding to today?

KATO KAELIN, WITNESS AT SIMPSON MURDER TRIAL: Well, I can`t really speak for them. I understand that Denise was out of the country. She was trying to make it there. But in that monologue we talk about O.J., he does mention talking to.

GRACE: I heard that.

KAELIN: . Brown.

GRACE: The Brown family.

KAELIN: Yes, he said -- those are his words, of course, but I really can`t tell you how they would feel at all.

GRACE: I find that very hard to believe. You know, earlier, Mr. Kaelin, I want to take issue to something you said. You said that he was an actor. Are you referring to his turn in the Hertz commercials?

KAELIN: Well, I think the Hertz commercials, the "Naked Gun" movies.

GRACE: "Naked Gun," "33 1/2", "33 1/3" with Anna Nicole Smith.

KAELIN: Those things, you know.

GRACE: "Frogman", "Towering Inferno." That`s it.

KAELIN: Whatever, yes, whatever else. So yes, those are acting credits (INAUDIBLE) for that. But, yes, I mean, there is something about -- also being an announcer, that he can.

GRACE: True.

KAELIN: I think he`s trying to get some sympathy through to the judge. But, like I said, the judge was not.

GRACE: No. She wasn`t having any of that.

KAELIN: She was not buying into it, no matter what. Her mind was set up. She thought he was very arrogant and she even says it, that he`s arrogant and a judge -- I mean Yale Galanter even saying that my client was stupid. So, I mean, like I said.

GRACE: Well, he`s not that stupid, because he`s managed to evade a $30 million plus judgment for all of these years.

To Mary Joe in California. Hi, Mary Joe.

UNIDENTIFIED FEMALE: Hi. God bless you and I.

GRACE: Thank you.

UNIDENTIFIED FEMALE: You bring a wonderful job and I can`t wait to see more pictures of the twins.

GRACE: Showing some tonight.

UNIDENTIFIED FEMALE: Great. The question I have is why didn`t Mr. Simpson called an attorney in the first place and ask him to retrieve his property, whether it was stolen or not, because he sure fire got his attorney there when he was in trouble.

And thanks.

GRACE: You know, I`m going to have to throw that one to a shrink.

Dr. Joseph Deltito, professor of psychiatry. Dr. Deltito, it`s great to see you. Why wouldn`t it dawn on Simpson to actually go to a lawyer to try to get his stuff back?

DR. JOSEPH DELTITO, PROFESSOR OF PSYCHIATRY: Well, I could make a guess. And my guess would be that if he went to a lawyer, he could have called the police and said, hey, these guys have my stuff, then they would know that it was returned to him if it was returned to him.

And it might be hard to hide it from the Goldmans for which, as you said, he`s alluded, making this restitution that the courts have ordered. So my guess is, he wanted to get it without a record of him having it.

GRACE: And speaking of the Goldmans, with us tonight, David Cook, the attorney for the Goldman family. How will Simpson`s imprisonment affect that judgment?

DAVID COOK, ATTORNEY FOR MURDER VICTIM RON GOLDMAN`S FAMILY: Well, I guess I`ll get the 83 cents a day. I`m not going to get -- I probably won`t get the house, because he`s a temporary resident of Nevada. His pensions are still his pensions. But Mike Gilbert is sitting on a treasure strove -- treasure trove of stuff, and we`re out seizing that.

And then I have Mr. Beardsley showing up in court on December 12th for him to cough up the ring he`s been released from Tino. So we`re still at this, and we`ll be at this until we get this $42 million judgment paid.

You know I just want to say.

GRACE: You know, Mr. Cook, we wish you a lot of luck.

COOK: Yes.

GRACE: You want to say what?

COOK: Yes, I was to tell you. There is a great expression that there are no great second acts in American lives, and O.J. Simpson got a second act, but he didn`t get a third one.

GRACE: To Bill Majeski, former detective with the NYPD, with Majeski Associates, what will jail time be like for someone like Simpson?

BILL MAJESKI, FMR. NYPD DETECTIVE, MAJESKI ASSOCIATES, INC.: Well, I think initially when he goes to the state facility, he`s going to be somewhat of a celebrity. But I think that will wear away rather quickly.

I think this whimpering that he did before the judge is not going to bode well with his, his new neighbors, once he gets up to the state facility. I think he`s going to get a lot of heart ache, just based on his poor showing, his poor acting performance before the judge and the make-believe crocodile tears that never really materialized.

GRACE: Never really materialized.

MAJESKI: Yes.

GRACE: Well put. And back to the lawyers, Penny Douglass Furr and John Burris. How do you think he`ll fare behind bars, Penny?

PENNY DOUGLASS FURR, DEFENSE ATTORNEY: I don`t think he won`t do well, Nancy. But in response to what someone just said, it was my understanding he went to the police and tried to get his things back.

GRACE: He said that.

DOUGLASS FURR: And he was told it was a civil matter. That was my understanding.

GRACE: He said that.

John, how do you think he`ll fare mind bars?

JOHN BURRIS, DEFENSE ATTORNEY: I think he`ll do fine. He`s a celebrity. He`s going to be well-liked by individuals. I do think it didn`t bode well to be a man in which he was today, but I think he`s going to do quite fine behind prison. I mean.

GRACE: Well, if all that crying is -- or make-believe crying.

BURRIS: That`s not good.

GRACE: . is any indication of how he`s going to be behind bars, somebody better man up before he gets behind bars.

BURRISS: He`ll get treated very well by the inmates, is what I think.

GRACE: Uh-huh. And to Kato Kaelin, original witness at Simpson`s murder trial, how do you think Simpson will.

KAELIN: You know what?

GRACE: . fare behind bars?

KAELIN: I`ll tell you, Nancy, I`m just so glad I did not move in with Plaxico Burress.

GRACE: So you`re not going to answer that.

KAELIN: He`s not going to -- I`ll tell you what. I -- agree with everybody else. I don`t think he`s going to fare well only because of age and it`s going to be very rough on him and his body, and he`s going to suffer and suffer and suffer. It`s going to be unbearable.

GRACE: Oh, god. Not the arthritis again. OK, enough of you.

KAELIN: No. no.

GRACE: Kato Kaelin, star of, what is it, "The Weenie Man-O-Logs."

KAELIN: Yes, correct.

GRACE: I`ll see you (INAUDIBLE), buddy. Everybody.

KAELIN: Bye-bye, Nancy.

GRACE: At your request tonight, new photos of the twins. I`ll post these on the Web tonight. Here is Lucy trying to get on John David`s side of the stroller. Bath time for Lucy. Oh, yes, that`s her with her shirt on top of her head. She has discovered the mirror, she thinks something is behind it. And the heat vent.

John David, surveying the world from the bathtub. My little man man. Lucy trying to stand. It was cold that day. The leaves were just beginning to fall in New York. I put a double hat on them at the park and a triple hat on her.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: What can I do?

CASEY ANTHONY, MOTHER OF MISSING CAYLEE: Just try to keep talking to the media, I guess, to keep things positive. Keep them focused on Caylee. That means to me the main focus.

G. ANTHONY: Is there anything else that you want to say directly to me at all?

C. ANTHONY: That I wish that none of this would have ever happened. I really wish that none of this would have ever happened.

G. ANTHONY: Well, we all feel that way.

(END VIDEO CLIP)

GRACE: In a three-sentence blurb, Florida prosecutors announce they will not seek the death penalty against the tot mom in the alleged chloroform death of her little girl.

To Drew Petrimoulx with WDBO, doesn`t that take all the bargaining -- well not all of it, but most of the bargaining chips off the table for the state?

DREW PETRIMOULX, REPORTER, WDBO RADIO: Well, I mean, they would still have, you know, life without parole, so that would still be various charges. Basically what they said today is that it`s not in the best interest of the state of Florida to pursue those charges against her.

So, you know, they`re taking it off the table. Also today, the state added 60 more names to their list of potential witnesses, including people from the FBI, the Oak Ridge laboratory, her ex-fiance`s father, his name is Richard Grund, that`s Jesse Grund`s father.

That brings the total of the prosecution`s witnesses to 140. Now, remember, the defense has only announced three witnesses. So 140 to three, a huge discrepancy in the number of witnesses being called and it seems like this is going to be a long trial when it finally starts.

GRACE: But, of course, to the lawyers, Penny Douglass Furr and John Burris. John, out of San Francisco and Penny, in Atlanta.

You can always amend your witness list as you go along. You can even claim newly-discovered witnesses in the middle of the trial if you want to. If they really are newly discovered, John.

BURRIS: Absolutely. And you know, I would say the witness list itself is not something everyone should expect that everyone to be called because that rarely happens. And I think you just have to give everyone notice.

From a defense point of view, it`s not uncommon to not have anybody on the list because you don`t have to prove anything, and I think that you want to be careful as a defense lawyer of putting too many people on your case and therefore.

GRACE: Well.

BURRIS: . make it appear that you`re trying.

GRACE: You know.

BURRIS: . to prove your innocence. That`s how I`m going to do.

GRACE: Penny, I don`t think they`re in any danger of padding the witness list, they`ve only put three names on there.

BURRIS: Well, they shouldn`t put any.

GRACE: Are you penny?

DOUGLASS FURR: Yes.

BURRIS: No, I`m not penny, I`m sorry. I`m sorry. I`m sorry.

DOUGLASS FURR: The defense -- the burden is not on the defense, Nancy. And as you said.

GRACE: Yes, I know that.

DOUGLASS FURR: . they can add witnesses. So I don`t think at this point they`re going to list anymore witnesses, because there`s nothing they really have to prove. I think they`ll put their scientists.

GRACE: Well.

DOUGLASS FURR: . and they may put more forensic scientists on the list. That`s what I`m expecting in this trial. I think it will be a battle of the scientists.

GRACE: You know I know somebody who is looking at the world through rose- tended glasses, because, of course, the constitution says you don`t have to prove anything, but the reality is, her defense is that somebody else did it, and she is the only one that has a description of that person.

So if they want to put that defense on, that evidence has to get in somehow, and it`s not going to come in through, Dr. Lawrence Kobilinsky, one of the three witnesses listed. Dr. Kobilinsky, forensic scientist out of John Jay College of Criminal Justice, with us tonight.

Kobe, thank you for being with us. Do you have any plans to travel to Orlando and examine the evidence?

LAWRENCE KOBILINSKY, FORENSIC SCIENTIST, CONSULTANT TO CASEY ANTHONY DEFENSE TEAM: At this point, that has not been decided. I`m available to travel if I`m asked to. But I -- there are no plans at the moment.

GRACE: And tell me, what part of the evidence you`ll be focusing on?

KOBILINSKY: Well, as you know, Nancy, I`m a DNA expert. And although I certainly can help deal with the science in general, my focus of attention is going to be on the DNA. In this case, mitochondrial DNA on one of the hairs found in the trunk.

GRACE: And Dr. Kobilinsky, do you believe cadaver dogs could still hit on skeletonized remains?

KOBILINSKY: Well, yes. From everything I`ve read, they have a remarkable capability, despite a long period of time and despite the lack of soft tissue, they still can hit on remains. There`s a whole chemistry of decomposition in general, and dogs have an amazing ability.

GRACE: And to bounty hunter, Leonard Padilla, who is searching for Caylee, he is about to resume his search.

Leonard Padilla, those searches that came out on Google and other search engines, including household items as weapons, that`s got to be tough to convince a jury that somebody else in the house like George or Cindy Anthony were making those searches.

LEONARD PADILLA, BOUNTY HUNTER, SEARCHING FOR CAYLEE ANTHONY: Well, I think if it you -- if you think it through, you`re going to find that either Cindy or Lee or George is going to take the heat for those searches. They`re not going to let her get left holding the bag on those things, because some of those searches probably weren`t hers. But the one thing that you`ll notice, that is.

GRACE: Whoa, whoa, wait, who else was searching how to make chloroform?

PADILLA: Well, I didn`t say that the chloroform was her search. I said some of it.

GRACE: Well, which ones do you suggest was somebody else`s?

PADILLA: Well, there was.

GRACE: How to make weapons out of household items?

PADILLA: Yes.

GRACE: Who in the hey would be doing that, other than her?

PADILLA: Well, the thing about it is that there was some resentment there between Cindy and George, and god only knows who is trying to collect who`s life insurance.

GRACE: Well, you know what, here`s, here`s the kicker. You can look at the timing of the searches, and if they`re all together, it would be pretty impossible for her to search chloroform and somebody else jump in the chair and look up peroxide, acetone, alcohol and lost numbers. So that`s a mighty tall order.

Out to the lines, Sheeba in Illinois. Hi, Sheeba.

UNIDENTIFIED FEMALE: Hi, Nancy. First of all, I want to wish you, your family and all your staff, a very Merry Christmas and a safe one.

GRACE: Thank you very much.

UNIDENTIFIED FEMALE: My question is, what has happened to Lee? I mean I realize that he works, but he seems to have distanced himself.

GRACE: Excellent question. Natisha Lance, where is Lee Anthony?

NATISHA LANCE, NANCY GRACE PRODUCER: Lee apparently works for a traveling company. He does a lot of traveling with athletes and getting them to different places for different events. So he`s been traveling, and just focusing on work at this point.

GRACE: Do you think that`s true, Leonard Padilla?

PADILLA: Yes, it is. And if you go back to those searches on the computer, one of them was sex sites. They were all across the country. Add up two and two, and you`ll come up with four.

GRACE: OK. I`m going to work on that two and two equals four thing.

Take a listen to more of these recorded jailhouse discussions between the tot mom and her parents.

(BEGIN VIDEO CLIP)

CINDY ANTHONY, CASEY ANTHONY`S MOTHER: Everybody is looking for her. Are we going to be able to find her, do you think?

C. ANTHONY: I hope we can, mom. Now I didn`t get a chance to ask Lee.

CINDY ANTHONY: Can you look up a little bit more. Raise your eyes up a little bit. There you go.

(CROSSTALK)

CINDY ANTHONY: Look straight up so I can see your eyes, darling. Thank you. I need -- you know I need to do that. It`s OK to cry, Casey. It`s all right, love. We`ve all been crying.

C. ANTHONY: The first lady that came forward on the news, her and her son were at the airport, said that they saw Caylee and spoke to Caylee.

CINDY ANTHONY: Right:

C. ANTHONY: I mean she said her name was Caylee Marie Anthony. Do you have any more information on that?

CINDY ANTHONY: Yes, but again the sheriff`s department is telling us they`re fully investigating that.

C. ANTHONY: Well, I want someone outside of the sheriff`s department looking into these things. I mean I want Lee to look at this stuff. I want you guys to look at it. I want (INAUDIBLE) looking this up. I just don`t want.

CINDY ANTHONY: We`re looking -- we`re trying to request those videotapes from the Orlando Airport.

C. ANTHONY: OK.

CINDY ANTHONY: I was with Jose today when he requested that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: What a week in America`s courtrooms. Take a look at the people who touched our lives.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Breaking news in the murders of Oscar-winning actress Jennifer Hudson`s family. Police have arrested 27-year-old William Balfour in the connection with the murders of Hudson`s mother, brother, and 7-year- old nephew Julian King.

SUSAN CANDIOTTI, CNN CORRESPONDENT: A girlfriend had said that she saw William Balfour with the gun that matched the .45 that was used in the murder. So this girl come out, become an instant expert to what the gun looks like.

GRACE: You think that is smelly? You think it`s more smelly than three dead bodies, Susan?

CANDIOTTI: Yes, I do. Because I was victim of armed robbery, Nancy.

GRACE: Really? So you think the girlfriend.

CANDIOTTI: Yes.

GRACE: . coming forward and identifying the gun is worse circumstances than three dead bodies? Good to know.

UNIDENTIFIED FEMALE: A California couple has been arrested for allegedly abducting and torturing a 17-year-old boy for about a year.

GRACE: He had a chain like this and a padlock like this around his feet.

UNIDENTIFIED FEMALE: Police have just arrested the third suspect in this case. The victim`s aunt, Caren Ramirez.

GRACE: Are you telling me that Child Protective Services put him in the custody of this woman?

What`s got into them?

Tonight, tot mom Casey Anthony`s personal jailhouse visits.

G. ANTHONY: Hey, gorgeous, how are you doing?

C. ANTHONY: I look like hell.

G. ANTHONY: Well, you know, something? You really need to keep your spirits high through all this.

C. ANTHONY: I have. I haven`t been crying while I`ve been in here.

(END VIDEO CLIP)

GRACE: Let`s stop and remember Army Sergeant Shane Duffy, 22, (INAUDIBLE) Massachusetts, killed Iraq on a second tour. Awarded the Bronze Star, Purple Heart, Air Assault Badge, Overseas Service Ribbon.

Devoted to friends, had a big heart. Favorite video game, Rock Band, which he loved playing with family. Dreamed of being a firefighter and raising more children. Leaves behind parents, Kevin and Frances, one brother, two sisters, widow Jamie, daughter McKenzie.

Shane Duffy, American hero.

Thanks to our guests, but especially to you for being with us. A special good night tonight from the New York control room.

Good night, Brett, Liz, Squeaky.

Everybody, I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END