LAS VEGAS – O.J. Simpson's last remaining co-defendant in an armed robbery and kidnapping case is asking the Nevada Supreme Court for a separate trial, saying if they are tried together he would be unfairly convicted.
Clarence "C.J." Stewart's lawyer says the armed robbery and kidnapping charges in Las Vegas are all about Simpson.
"Anybody sitting next to him isn't going to get a fair trial," attorney Robert Lucherini said of the trial scheduled to start Sept. 8. "Ninety-five percent of the evidence is about O.J."
A state Supreme Court clerk in Carson City said Tuesday that Stewart's request arrived Monday. The court did not immediately schedule a hearing.
Stewart is one of five men who accompanied Simpson during a confrontation in September with two sports memorabilia dealers at a casino hotel room. Simpson says he was retrieving items stolen from him.
Another former co-defendant, Charles Ehrlich, pleaded guilty Monday to reduced felony charges and agreed to testify against the Hall of Fame football player. He's the fourth former co-defendant to take a plea deal and agree to testify.
Clark County District Court Judge Jackie Glass has twice rejected requests from Stewart and Ehrlich for separate trials.
Simpson's lawyer in Las Vegas, Gabriel Grasso, said Tuesday he doubted Lucherini could persuade the high court to overturn Glass' rulings. "Good luck with that," Grasso said.
Simpson and Stewart have pleaded not guilty to felony kidnapping, armed robbery and assault with a deadly weapon charges that could put them in prison for life if convicted.
Lucherini said he expected Stewart's defense would be "antagonistic and mutually exclusive" of Simpson's.
"Mr. Stewart will acknowledge that ... following the events in question, he became aware that Mr. Simpson was involved in persuading others regarding the presence of firearms," Lucherini said. "Mr. Stewart asserts that he was not involved in this persuasion, and paid it no heed."
Simpson has said he never saw guns in the room, didn't know anyone had guns, and never asked anyone to bring guns.
Lucherini also referred to the trial at which Simpson was acquitted of the murders of his ex-wife, Nicole Brown Simpson, and her friend Ron Goldman. Simpson was later found civilly liable for the deaths and ordered to pay a $33.5 million judgment.
Lucherini predicted that the Las Vegas jury would be reminded "of the hideous murders that many people believe were committed by Mr. Simpson."
"The problem is that in their zeal to convict Mr. Simpson, and to correct a perceived miscarriage of justice, the jurors will likely ... convict Mr. Stewart as well," Lucherini said.