O.J. Defended

This is a rush transcript from "Hannity & Colmes," September 21, 2007. This copy may not be in its final form and may be updated.

SEAN HANNITY, CO-HOST: The sixth and reportedly final person has turned himself today in the robbery and kidnapping case that led to the arrest of O.J. Simpson. Fifty-three-year-old Charles Bruce Erhlich of Miami, Florida, turned himself in, and his lawyer says he is going to plead not guilty.

But then again, everyone seems to be claiming innocence in this case. So what's going to happen to O.J. and his friends? [There are] new developments tonight. We're joined by civil rights attorney Leo Terrell and FOX News legal analyst Bob Massi.

Bob, first to you before I fight with my good friend Leo. Specifically, the tapes, we are wondering about the authenticity and whether or not we got the — the complete tape. Tell us what's happening.

BOB MASSI, FOX NEWS ANALYST: Well, Sean, what's going on now, the defense lawyers are sort of coordinating. There's going to be a motion filed on Monday by Mr. Lucarini, who represents Mr. Stewart.

His position is that this tape is not authentic at all. He says his client basically is saying that is not what happened. It's been doctored. So what he's going to do is he's calling on the D.A. and [saying to him] you must produce the original tape.

And if you can't produce the original tape, then there are many legal issues, Sean, that that raises because he is entitled to know that it's an original tape and not a copy of that tape.

HANNITY: Well, that would probably be the best news that O.J. Simpson has had this week.

Now Leo Terrell, I wanted to set the stage with people. You've been on this program. You've been on my radio program, and I asked a simple question about — you're friends with O.J. Simpson. Hang on a second.

LEO TERRELL, CIVIL RIGHTS ATTORNEY: If you're going to talk about friends — talk about murder, I'm leaving. If you talk about the murder —

HANNITY: Go ahead — go.

TERRELL: If you talk about the murder, I'm not going to be on this show.

HANNITY: I have a question for you.

TERRELL: If it's about the murder, no. I'm not going to do it. I'll talk about the tape.

HANNITY: You're going to leave?

TERRELL: If you talk about the murder, I'm gone.

HANNITY: I have a question. I'm going to ask whatever question I want and you can walk off. Go ahead.

TERRELL: I will walk off.

HANNITY: Did he kill — did he kill Ron and Nicole? Did you believe that he killed them?

TERRELL: Find another lackey. I'm gone.

HANNITY: You're leaving? Again?

ALAN COLMES:, CO-HOST: This is the third time he's left.

HANNITY: Hello. Hello, Leo.

All right, Bob. Let me get to some serious issues here, because Leo doesn't have the courage.

Leo's defending this, and you're sort of O.J. sycophants out there, when he was leaving the courtroom the other night — we're looking at this middle box — when he was leaving the courtroom, you heard people say, "Go O.J.," cheering O.J.

This is bothersome to me. I don't understand fully and completely why there is a group of people out there that want to defend this guy, regardless of what the tape said, regardless of what the evidence in the old case was.

MASSI: Well, because I think, Sean, like anything, there are certain people that still believe that he's been railroaded. There's certain people that think certain things from 13 years ago. And I guess this is America, and this is what makes it a great country, is people can have whatever opinion.

But what really was amazing, and what we reported the other night, is people were calling bail bondsman in Las Vegas, saying they would help put up the money. And there were people still calling, saying that they'll help for the defense of the case for O.J. Simpson. And it's — it's amazing that that's just the perception. And that's what makes it interesting.

COLMES: Hey Bob, I'd like to go to the other guest, but I guess I can't.

MASSI: Sure.

HANNITY: He's not there.

COLMES: Why is O.J. hanging around these disreputable characters?

MASSI: You know, I have to tell you, Alan. Living in Las Vegas 35 years, it's a melting pot for so many different things. It's a misunderstood city. I — here's what I don't understand. You reap what you sow. It cuts both ways.

If you go in — if you hang with guys that are bad guys, then you're going to reap what you sow. On the other hand, the defense is going to be able to say, those bad guys, basically, they have no credibility whatsoever. And as a result of that, it could cut the other way for the defense.

COLMES: Bob, then also there's a question now about the audio tape. What is — how good is the case that O.J. was framed here?

MASSI: Well, here's the thing. The audiotape, Alan, is so important to this case, because it puts him at the scene of the crime. And that's why this defense lawyer is saying -- see, they're going to go way by grand jury on this -- because today they still set the other preliminary hearing for October the 4th. And remember what I said yesterday. October 22 is the status check. It forces, again, the D.A. to go by grand jury, probably before October the 4th. If by October the 4th, he doesn't go by grand jury, the D.A. may stand up in court and say, "Hey, listen, I'm going to let these other guys out. I move to have these guys released on their own recognizance" and set it down October 22 for a status check and then go by way of indictment...

COLMES: But even with the tape, I mean, can't a case be made that he was framed, that Riccio was playing both sides? That he knew both parties, he knew what would transpire? He also knew O.J. would get a flared temper when he walked in there...

MASSI: Sure.

COLMES: ...and that he was set up for this?

MASSI: Sure.

MASSI: But a set up the way you're describing it, Alan, has nothing to do with the way he went about trying to retrieve the property. That's the difference. You don't go into a room and have people with you to take it in an illegal fashion.

And don't forget the D.A. — the detective was asked on Sunday at the news conference, I specifically asked him, was all the things in that room O.J. Simpson's and the response was no. You don't have the right to take something that doesn't belong to you, and if you have my suit — hypothetically — and I think you do, I call the police. And they'll get my suit.

HANNITY: Because Alan has it.

COLMES: All right, Bob. We thank you very much for being with us once again tonight.

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