Entries from October 5, 2008 - October 11, 2008
OJ Simpson files an appeal
One week after a jury found him and his co-defendant, Clarence Stewart, guilty on all charges, OJ Simpson's lawyers are filing an appeal on behalf of their client.
From the Las Vegas Review Journal:
O.J. Simpson filed a motion for a new trial today, saying District Judge Jackie Glass improperly restricted questioning of prosecution witnesses and potential jurors, allowed the removal of two black potential jurors and gave faulty jury instructions.
Co-defendant Clarence “C.J.” Stewart filed the same motion, saying the jury foreman failed to reveal his bias against the former NFL star because of his acquittal on double-murder charges in Los Angeles 13 years ago.
On Oct. 3 the jury convicted Simpson, 61, and Stewart, 54, on first-degree kidnapping, armed robbery and other charges in connection with the September 2007 holdup of two sports memorabilia dealers at Palace Station.
Each man faces a minimum 15-year prison term. Sentencing was set for Dec. 5.
Today’s motions are considered a formality and were expected to be denied by Glass.
Lawyers for both defendants have said they will appeal the convictions to the Nevada Supreme Court after sentencing.
Hearings on both motions were scheduled for later this month, but they will likely be rescheduled because Glass will be on vacation, a court spokesman said.
Simpson lawyer Gabriel Grasso cited seven reasons to grant a new trial, including the removal of two black potential jurors during jury selection. Prosecutors said the removals were not based on the jurors’ race and outlined their reasons, but Grasso said those reasons were insufficient.
He also challenged Glass’ decision to limit questioning of potential jurors about their feelings about Simpson and his 1995 acquittal.
In his motion, Stewart made a similar argument, saying the restricted juror questioning prevented defense lawyers from uncovering bias in the jury pool.
Stewart lawyer Brent Bryson wrote that jury foreman Paul Connelly said in his juror questionnaire that he agreed with the 1995 verdict and that, “He (Simpson) was tried and acquitted. That is a separate issue.”
But in a press conference held after the verdict, Connelly said he thought Simpson should have gotten a life sentence 13 years ago, according to the motion.
Simpson’s motion also said Glass erred in limiting questions of prosecution witnesses that could have challenged their credibility.
He also cited problems with the jury instructions and a lack of evidence to support the first-degree kidnapping conviction.
We'll keep you posted!
Thunderbird Hotel mystery photo
Our pal Dennis McBride, the Curator of History and Collections at the Nevada State Museum, needs your help. He is hoping that you can help identify one or more people in this photo.
Here is what Dennis has to say about the photo:
This
photograph comes from the Martin A. "Marty" and JoAnn Zwerling
Collection at the Nevada State Museum, Las Vegas [collection no.
0011:0217].
It was taken in 1952 at the Thunderbird Hotel and Casino and purports to include the hotel's owners and guests. From left to right: unidentified; unidentified; unidentified; boxer Jack Dempsey; JoAnn Zwerling; unidentified; unidentified; unidentified; Marion Hicks; unidentified.
If you can help identify the unknown people in this photo let us know!


Las Vegas to honor visionary Jackie Gaughan

The city of Las Vegas honors the legendary Jackie Gaughan, a man who did so much to re-invent Fremont Street from the late 1950s through today:
MAYOR OSCAR GOODMAN PRESENTS JACKIE GAUGHAN WITH KEY TO THE CITY
WHAT: Casino legend Jackie Gaughan will be presented with a key to the city of Las Vegas by Las Vegas icon Mayor Oscar Goodman. Gaughan is being honored for his many contributions to downtown, Las Vegas, and the casino and gaming industry. Gaughan is an innovative thinker and originated promotions such as fun books and complimentary meals, while being a pillar in the downtown Las Vegas casino scene for over 40 years.
WHEN: Monday, Oct. 13
11-11:30 a.m. Mayor Goodman will present key to the city to Jackie Gaughan
WHO: Casino pioneer Jackie Gaughan and Mayor Oscar Goodman
FACTS: Gaughan has owned or operated several hotels and casinos throughout his career including the Flamingo, Showboat Casino, Union Plaza Hotel & Casino, Golden Nugget Hotel & Casino, Las Vegas Club Hotel & Casino, Gold Spike Hotel & Casino, Western Casino and the El Cortez Hotel & Casino.
Gaughan recently made his foray into semi-retirement by selling his shares in the El Cortez.
On most days, Gaughan can still be spotted playing poker on the El Cortez casino floor.
Mayor Goodman is the self proclaimed “happiest mayor in the universe” and he has focused many of his efforts as mayor on revitalizing downtown Las Vegas by creating an urban village filled with small businesses, boutiques, fine restaurants, bookstores and an art component where the public can have social dialogue and exchange ideas.
The Cabana Suites will set the new standard for style in downtown Las Vegas with a retro design that is timeless yet modern, featuring chic boutique style in the Fremont East Entertainment District (slated for completion in early 2009.)
WHERE: Entrance to El Cortez Hotel & Casino’s Cabana Suites (formerly Ogden House)
651 E. Ogden Ave.
Las Vegas, NV 89101


The Plaza lawsuit resolved
From Liz Benston at the Las Vegas Sun:
The Plaza trademark infringement lawsuit wasn’t, from a legal standpoint, about whether the famed Plaza Hotel in New York is more popular than or superior to the Plaza in downtown Las Vegas.
Yet in a broader sense, that’s what it was all about. Tamares Las Vegas Properties’ lawsuit against El-Ad Group again confirmed a Las Vegas truism — that buzz, reputation and name recognition are all-important.
Tamares didn’t want its casino property to end up being known as “the cheap Plaza.”
The jury, which deliberated for nearly two days, on Monday affirmed El-Ad Group’s right to use the Plaza name for its proposed $5 billion-plus replica of the New York landmark on the Strip, defeating Tamares’ attempt to block El-Ad’s use of the name. (El-Ad has delayed construction of the resort until early 2010.)
Jurors also rejected Tamares’ claim that the dispute had set back plans to redevelop the downtown property by at least a year, resulting in $29.4 million in damages.
“We are obviously disappointed in the jury’s decision,” said Kenneth Landfield, Tamares U.S. Real Estate’s chief operating officer. “We are currently exploring our legal options in this case.”
The jury never got around to considering another aspect of the case that appeared to be the most contentious of all: whether confused consumers would think a superluxury Plaza hotel on the Strip could come from the same company that runs the downtown property.
Companies often file trademark lawsuits to protect their brands against potential infringers with less sophisticated products and services. Second-class products often attempt to trade on the popularity of major brands. In this case, the high-end brand was playing defense.
The high-stakes showdown between two Israeli billionaires — El-Ad’s Yitzhak Tshuva and Tamares’ Poju Zabludowicz — began less than three months after El-Ad announced plans last year to purchase the New Frontier from Phil Ruffin and build a Plaza Las Vegas megaresort on the land. Weeks before Tamares filed suit against El-Ad, in August 2007, the company filed trademark applications to protect what the company believed were its exclusive rights to use the Plaza name for hotels in Nevada.
Tamares claimed the name has been used to brand the property since it opened in 1971. (Tamares bought four downtown hotels, including the Plaza, from Jackie Gaughan in 2004.)
The downtown Plaza, known for its cheap booze and buffet, has seen better days in spite of its status as a local landmark.
The problem for the property isn’t that people wouldn’t notice the obvious differences between it and a multibillion-dollar megaresort on the Strip. The problem, according to Tamares attorney Dennis Kennedy, is that the tourist at the airport who asks to go to the Plaza might instead end up at the Strip property.
In court last week, Kennedy said El-Ad is usurping a homegrown brand with widespread name recognition.
“You don’t win this case by saying ... our customers are richer than yours,” he said.
And yet, that distinction is important to Tamares executives as well. In court, Landfield admitted he didn’t want the downtown property to be known as “the cheap Plaza” compared with a Strip resort with the same name.
Attempting to establish the company’s claims, Tamares’ attorneys showed publicity photos with signs featuring the Plaza name, including banners hung outside the property.
El-Ad, using testimony by gaming experts, argued that the property was officially known as the Union Plaza until at least the early 1990s, when Gaughan took sole control of it and phased out “union” from the name. Moreover, El-Ad has a federal trademark on the Plaza name for hotels dating to 1986. The trademark applies nationally and has been used since the New York hotel opened on Fifth Avenue more than a century ago.
Tamares argued in court that the dispute had put a planned $100 million overhaul of the Plaza at risk and said a legal victory would kick-start development.
El-Ad attorney Steve Morris said spending that kind of money in a declining downtown market, amid a tanking economy, “defies common sense.”
“There’s no evidence (the company) is interested in redeveloping the property other than keeping it alive,” he said.
El-Ad’s attorneys produced letters addressed to Tamares from Larry Woolf, who ended his management company’s contract to run the Plaza and Tamares’ other downtown properties in summer 2007. In the letters, Woolf indicated money for basic repairs and upgrades to the property wasn’t forthcoming and that Tamares “seemed to enjoy making us ask for money.”
The Plaza needs “substantial” redevelopment with a joint venture partner to improve its prospects rather than a “band aid approach,” one letter read. “Improvements needed to bring this property into the 21st Century haven’t been made.”
Unfortunately for Tamares, its lawsuit, by establishing the superiority of El-Ad’s rights to the Plaza name, could end up bringing legal trouble to Tamares, should the company eventually upgrade the downtown Plaza.
If El-Ad believes the downtown property, in going upscale, is trying to trade on the name of the Strip resort, the company could sue Tamares or future owners for trademark infringement.