U.S. & World

A 3rd Co-Defendant To Testify Against O.J. Simpson

LAS VEGAS (CBS) ― A man whose lawyer says he can testify that O.J. Simpson asked him to bring guns to a confrontation with two sports memorabilia dealers told a judge on Monday that he'll accept a plea deal and testify against Simpson and two other men.

Michael McClinton, 49, of Las Vegas, became the third man to agree to plead guilty to reduced charges in return for his testimony.

He told Justice of the Peace Joe M. Bonaventure he will plead guilty to robbery and conspiracy to commit robbery. He could receive probation or up to 11 years in prison.

McClinton wielded a gun and acted like a police officer Sept. 13 when Simpson and five other men confronted collectibles dealers Bruce Fromong and Alfred Beardsley at an off-Strip casino hotel, according to police reports. Walter Alexander, a Simpson golfing buddy from Mesa, Ariz., who also took a plea deal and agreed to testify in the case, told police that McClinton gave a gun to him, but he never took it out of his waistband.

McClinton, a security guard whose guns were confiscated and who agreed to surrender his concealed weapons permit, spoke in court only to acknowledge he understood the terms of the plea agreement and to waive his preliminary hearing.

The judge declined to lift house arrest restrictions for McClinton, who posted $32,000 bail after he was arrested Sept. 18.

In brief comments outside the courtroom, McClinton's lawyer, William Terry, confirmed that McClinton can testify Simpson asked him to bring two guns when they went to the hotel room at the Palace Station casino.

"There's no reason to dispute that," Terry said.

Terry said McClinton's testimony at a scheduled Nov. 8 preliminary hearing will come before his Nov. 13 plea. The lawyer said further details of McClinton's role would come out "during the course of the preliminary hearing or ... after he enters his plea."

McClinton's testimony would provide prosecutors with another account contradicting Simpson's claim that no guns were involved when he went to retrieve items he said belonged to him.

His plea is not a surprise, said Simpson attorney Yale Galanter, adding that he believes McClinton will be the last cooperating witness.

"What this comes down to is the real bad guys are pointing a finger at O.J., and the prosecution is giving away the courthouse to try to shore up their case," Galanter told The Associated Press. "We look forward to cross-examining these witnesses at the preliminary hearing next week. "

Simpson and co-defendants Clarence Stewart and Charles Ehrlich each face 12 criminal charges, including kidnapping, armed robbery, assault with a deadly weapon, conspiracy and coercion, and one gross misdemeanor, conspiracy to commit a crime. A kidnapping conviction alone could result in a sentence of life in prison with parole.

Lawyers for Stewart and Ehrlich did not respond to messages seeking comment about McClinton's plea deal.

Alexander told police that Simpson said to bring guns, and told him later to deny that guns were used. Alexander pleaded guilty to felony conspiracy to commit robbery, and could face probation or up to six years in prison.

Charles Cashmore, a union laborer from Las Vegas, pleaded guilty to felony accessory to robbery and also agreed to testify against the three men. He could receive probation or up to five years in prison.

Authorities say memorabilia taken from the hotel room included football game balls signed by Simpson, Joe Montana lithographs, baseballs autographed by Pete Rose and Duke Snider, photos of Simpson with the Heisman Trophy, and framed awards and plaques, together valued at as much as $100,000, according to police reports.

"All the rats are jumping ship now," Fromong told The Early Show co-anchor Julie Chen. "Everybody's trying to save themselves and going ahead and decided to testify against O.J. So people are starting to find out that what I had said happened actually happened exactly the way we said it did."

Fromong says that Simpson and McClinton broke into his Las Vegas hotel room with guns but Simpson, who was friendly with Fromong, was surprised to see the sports dealer there, Fromong said.

"Well, he was the last one into the room, and as he came in, that's when they, you know, somebody had said, you know, 'Put the gun down,' " Fromong said. "And then everything, you know, just started going wild after that."

Since the incident, Fromong said he has lost a lot of respect for Simpson and says he needs "medical help."

"You know, I think that he's out of control now," he said. "This is what I've talked about in the past, you know, the changing of the old O.J. compared to the O.J. that we know nowadays. And he's been, you know, he's made some bad choices lately. I mean, some really bad choices, and this was one of them. Because when he came walking in, you know, I looked at him, and I'm thinking, 'O.J., how can you be this stupid?' I mean, even if he does want this stuff, he doesn't come back in."

Fromong says he is still recovering and the doctors told him it would take three to five months before he knows if there is any lasting damage. In the meantime he has been working with Las Vegas police on the case.

"They're being very thorough about their investigation and making sure that, you know, the facts are correct and that, you know, when this thing goes to trial or whatever the outcome is that it's done in a fair and precise manner," he said.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)