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THE O.J. SIMPSON MURDER TRIAL

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UCLA law professor Peter Arenella and Loyola University law professor Laurie Levenson offer their take on the Simpson trial. Joining them is Los Angeles defense lawyer Leslie Abramson, who will rotate with other experts as the case moves forward. Today’s topic: Detective Mark Fuhrman concludes direct testimony and cross-examination by F. Lee Bailey begins.

PETER ARENELLA

On the prosecution: “Two of Friday’s prosecution elements were demolished. Detective Fuhrman did have an opportunity to find a second glove at the scene because he was alone with the bodies briefly, and Clark was forced to admit through Fuhrman’s testimony that the body-sized plastic bag and the shovel unveiled on Friday weren’t all they seemed. Broncos come equipped with such bags and this shovel would hardly be the tool of first choice to dig a hole for a body.”

On the defense: “Bailey used courtesy to get on the record Fuhrman’s blanket denials that he had ever met Kathleen Bell or Andrea Terry. If either woman appears plausible, Fuhrman’s credibility will be destroyed. Bailey then established that Fuhrman was alone at the scene and suggested that Fuhrman’s conduct when he found the bloody glove was inconsistent with that of an officer who might have suspected a vicious murderer was hiding nearby.”

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LAURIE LEVENSON

On the prosecution: “Despite aggressive questioning, Fuhrman did not break. He kept his cool. He categorically denied any allegations of racist remarks. He did not act like a disappointed detective who had missed out on the case of the century. He even offered testimony that was helpful to the defense, the fact that the plastic bag in the Bronco was for a spare tire, making it appear less likely that he was bound and determined to convict O.J. Simpson.”

On the defense: “Bailey’s bark seemed worse than his bite. Out of character, he tried to sweet talk Fuhrman into admissions. When that didn’t work, he sarcastically questioned Fuhrman about everything from noticing a blood speck on the Bronco to wandering alone down the dark pathway at Simpson’s house where the second bloody glove was found. By innuendo, if not by evidence, Bailey suggested that Fuhrman had the opportunity to plant that glove.”

LESLIE ABRAMSON

On the prosecution: “Clark made a key point when she got testimony from Fuhrman that he didn’t know where Simpson was when he found the glove at Rockingham. This raised questions about the plausibility of defense contentions that Fuhrman planted the glove. But it was a very poor tactic to have Fuhrman downplay his reaction to finding the glove since he testified at the preliminary hearing that his “heart started pounding” when he spotted the glove.”

On the defense: “Bailey accomplished several things. He showed that the prosecution over-reached by the way they used the shovel and the plastic bag. He took Fuhrman off the pedestal by showing him to be a high school dropout. He set him up for impeachment by Bell and Terry. He showed that Fuhrman was alone twice and had an opportunity to plant the glove. And it was clever tactically to ask Fuhrman about his desire to make a big arrest.”

Compiled by HENRY WEINSTEIN / Los Angeles Times

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