ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, November 19, 1996 TAG: 9611190102
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
DATELINE: SANTA MONICA, CALIF.
SOURCE: Associated Press
Former Detective Mark Fuhrman's testimony from O.J. Simpson's murder trial cannot be played for jurors in Simpson's wrongful death trial, the judge ruled Monday, severely restricting defense plans to repeat the police frame-up theory.
The law forbids calling a witness just to discredit him, and all the details Fuhrman's criminal trial testimony could have addressed have already been provided by other witnesses, Superior Court Judge Hiroshi Fujisaki said.
``Defendant is not offering Fuhrman's testimony for any evidentiary purpose other than to discredit him as a witness,'' Fujisaki said, adding that the plaintiffs can support their case without using the witness.
The ruling is a major setback for the defense, which had subpoenaed Fuhrman and planned to use his no contest plea to perjury to suggest, as Simpson's criminal lawyers did so successfully, that Fuhrman was a racist and liar who could have framed Simpson for murder.
``They've already had some of the other parts of their case cut out. Now they've lost the ability to play the race card. Mark Fuhrman's is the picture on the race card,'' said Laurie Levenson, dean of Loyola Law School.
The ruling leaves the defense with almost no chance to play for jurors the inflammatory audio tape in which Fuhrman repeatedly uses a racial slur against blacks. Chances that Fuhrman will respond to the subpoena are remote since he lives out of state and can't be forced to return to California.
The Fuhrman issue has proven to be a factor in the case anyway. During jury selection, many panelists said they knew about Fuhrman's alleged racism and his no contest plea.
The judge also ruled against the plaintiffs, saying they can't use a psychiatrist and a psychologist who would testify that Simpson fits the profile of a spousal killer.
``The jurors are clearly qualified to evaluate the evidence without an expert to guide their conclusions,'' Fujisaki said.
Nicole Brown Simpson and her friend Ronald Goldman were found slashed to death June 12, 1994. Simpson was acquitted of murder, but victims' families are suing for his money to hold him responsible.
LENGTH: Short : 48 linesby CNB