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Re: Men offer twist to Simpson case

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  • Alfred
    Ken, Thanx for sharing your thoughts....however there is another reality to this situation... The attorneys are going after the monies that the civil trial
    Message 1 of 3 , Sep 6, 2006
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      Ken,

      Thanx for sharing your thoughts....however there is another reality
      to this situation...

      The attorneys are going after the monies that the civil trial found
      Oj liable for. He is not being retryed, so I do not believe this is
      a case of double jeapordy. Just my thoughts and again thanx for
      your input.

      Al

      Alfred Smith Detective Agency
      Indianapolis, IN

      --- In infoguys-list@yahoogroups.com, Kenneth Irvin
      <kirvin8600pi@...> wrote:
      >
      > I don't belive that he should have to pay it anyway!!! If you want
      to sue someone,sue the LA County Prosecutors office as they lost the
      case.If he was guilty ,they should have had no problem finding him
      so.If not?? ALL bets should be off.That actually is double
      jeopardy.I know that alot of people feel otherwise.Hold people
      accountable!!! How many other people have or have not gotten away
      with something of this magnitude.Is justice blind??? NO!!!! Hell
      No.Leave the guy alone and let him live his life and raise his kids
      in peace.Period!!!! Ken
      >
      > Alfred <alfrdsmith@...> wrote: Two Indianapolis men want
      to put the squeeze on O.J. Simpson.
      >
      > The good, the bad and the beautiful
      >
      > Indianapolis law firm Sommer Barnard has represented numerous late
      > celebrities and their estates, including:
      >
      > • Actress Marilyn Monroe's estate in a right of publicity case
      over
      > photographs. The case is pending in Indiana, New York and
      California.
      >
      > • Jazz musician Duke Ellington's estate in litigation with Gibson
      > Guitar Corp. and Baldwin Piano Co.
      >
      > • Actor John Wayne's estate in several cases.
      >
      > • Bank robber John Dillinger's estate in an Indiana case against
      the
      > Lake County Convention & Visitors Bureau and John Dillinger
      Museum.
      > Continental Enterprises, an intellectual property consulting and
      > enforcement company, also works with this estate.
      >
      > On Tuesday, attorney Jonathan Polak filed a petition in California
      > Superior Court in an attempt to make Simpson cough up $33.5
      million
      > for the deaths of his ex-wife, Nicole Brown Simpson, and her
      friend
      > Ronald Goldman.
      > It's been almost a decade since a civil jury ordered the former
      > football star and actor to pay up. But Simpson has said repeatedly
      > that he has no income to pay to Fred Goldman, Ronald Goldman's
      > father.
      > So how are Polak and Hoosier colleague Karl Manders going to
      collect?
      > They want Simpson to sign over his "right of publicity" to Fred
      > Goldman.
      > The petition, believed to be the first of its kind, would place
      > Goldman in charge of any attempts to make money off of Simpson's
      > name, image, voice or likeness. For example, any profit Simpson
      made
      > from signing autographs would go to Goldman.
      > "It came to me like a bolt out of the blue," said Manders, owner
      of
      > Indianapolis-based Continental Enterprises Inc., an intellectual
      > property consulting company. "The main assets he has are his face
      > and his signature."
      > In the same way Marilyn Monroe's estate owns and controls when and
      > where the late actress' face is used, Goldman would own and
      control
      > Simpson's face, if the judge approves the petition.
      > Sound crazy?
      > Simpson's attorney, Yale Galanter, says so.
      > "We've not been able to find a single case that allowed a court to
      > award involuntarily the right of publicity," he said. "I don't
      think
      > there's any legal basis for this."
      > Some other attorneys say otherwise.
      > "You could do it," agreed Alan Ross, an intellectual property
      > attorney at Bricker & Eckler LLP cq in Cleveland. "It's a little
      > scary to think about doing it. It's a different kind of concept."
      > By law, a person's right of publicity is considered an intangible
      > property. That's opposed to a tangible property, such as a car or
      a
      > house.
      > Under California law, intangible property and tangible property
      are
      > one in the same.
      > So that means, signing over your right of publicity to settle a
      debt
      > would be no different than signing over your house, legal experts
      > say. Both have value and are separate from you as a person.
      > Still, this case could set a precedent, Ross and Polak agreed.
      Until
      > now, only patents and copyrights have been seized as intangible
      > property to settle debts.
      > Using the right of publicity was Manders' idea. And it was Manders
      > who contacted and sold it to Goldman.
      > Goldman, who wasn't available for comment, thought the idea was
      odd
      > at first, Manders admitted. But after several conversations,
      Goldman
      > began to believe it could work.
      > "More than anything else, I think he saw the poetic justice of
      it,"
      > Manders said. "It was his celebrity that helped him get off. It
      was
      > the very celebrity of his face and his likeness that could give
      the
      > Goldmans some justice."
      > In 1995, a jury found Simpson not guilty for the murders of his ex-
      > wife and Ronald Goldman.
      > Two years later, a civil jury found Simpson liable for the deaths
      > and ordered him to pay Goldman and Nicole Brown Simpson's estate.
      > However, California law protects pensions, so Simpson has
      continued
      > to live off his NFL pension. He also moved to Florida, where a
      > residence cannot be seized to settle a debt.
      > Simpson has been accused of making a significant income from
      signing
      > autographs and appearing at trade shows.
      > Simpson's attorney, Galanter, said his client does make some money
      > from autographs and speaking engagements, but it's nowhere near
      > $33.5 million.
      > "If O.J. had $33 million, the judgment would be paid," said
      > Galanter, who added Simpson is "living well."
      > Polak and Manders said they believe Simpson has money. But they
      > admit they have no idea how much, and therefore, how much his
      right
      > of publicity is worth.
      > But they say it's not really about money anyway.
      > "It's more about protection and control in the way he goes about
      > using his infamy," said Polak, director and chairman of the
      > Intellectual Property Group at Indianapolis law firm Sommer
      Barnard.
      > Putting Goldman in charge of Simpson's right of publicity will
      take
      > away his ability to make money spoofing the murders.
      > For example, he won't be able to make a reality TV show, as
      rumored
      > in the media, or get a paycheck for signing autographs at a trade
      > show for fans of murder trials. At the very least, the company
      > making the TV show or running the trade show would have to
      negotiate
      > a deal with Goldman, not Simpson. That could be a deterrent.
      > And perhaps, Manders reasoned, if Simpson can no longer make
      money,
      > he'll no longer want to do such things.
      > "The problem is the money," he said. "We believe that's his
      > motivation for doing that."
      > A hearing on the petition is scheduled for Oct. 17, although a
      > resolution could come before that, Galanter said.
      > "I can assure you, we will be in court on Oct. 17, fighting this
      > tooth and nail," Galanter said.
      >
      >
      >
      >
      >
      >
      > Kenneth M. Irvin
      > Surety Recovery Service
      > Oakland,CA.
      > Investigations - Repossessions
      > Bail Enforcement
      > 1-866-803-7376
      >
      > [Non-text portions of this message have been removed]
      >
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