I did not make the OJ trial analogy a consideration of OBL, it is not stated that way, it is a U.S. consideration for bringing him to the U.S. for trial, to understate that we did not want him in the country.
The Al-Queda organization, we are told, is like an organized crime syndicate. While strategic directives come from the top (OBL), the operational details are left to his capos. OBL is very likely familiar with the American legal system, but it is doubtful that his key subordinates are. And they, after all, are the ones who would be giving him up.
If OBL were alive he would be flaunting his presence to this day, just as he was doing immediately after 9-11 (In fact, I suspect the videotape helped expose his actual location). The Taliban responded to Bush within two days with a FU statement. They were still in the USSR defeat mindset, and possibly didn't understand they were facing their own demise. If they were smart, they would have said "Sure! we'll have him to you on Tuesday!" As you can see, Bush was taking a major risk.
Either way, the actual and potential responses of OBL (none) and the Taliban (FU) doesn't undermine any other parts of the argument. The supporting evidence and the potential repercussions of the evidence all point to OBL's death.