THE O.J. SIMPSON MURDER TRIAL : Shapiro, Magazine Request Dismissal of Suit

Lawyers for defense attorney Robert L. Shapiro and New Yorker magazine on Monday filed motions seeking the dismissal of a $50-million libel suit filed by Los Angeles Police Detective Mark Fuhrman.

In separate filings, attorneys representing Shapiro and the New Yorker contended that their clients did not defame Fuhrman in an article that appeared in the July 25, 1994, issue of the magazine.

In the story, writer Jeffrey Toobin quoted unnamed defense attorneys as calling Fuhrman a racist and a “bad cop” who might have planted evidence to frame O.J. Simpson.

Although the story was cast as an analysis of the defense strategy, Fuhrman’s suit says that the allegations were false and outrageous, and that they damaged the officer’s reputation. Shapiro was sued because he was linked by Fuhrman’s attorney to a meeting with Toobin in July, 1994.

“The bottom line is we are asking the court to dismiss Detective Fuhrman’s lawsuit because Mr. Shapiro did not defame him,” said attorney Larry R. Feldman, who represents Shapiro. “Even assuming Mr. Shapiro was the source of the information, it is O.J. Simpson’s defense, in part, that that glove was planted. Moreover, the statements attributed to Mr. Shapiro are not libelous, they are not defamatory.”

Officials for the New Yorker declined to comment on the matter Monday. The motions for dismissal are expected to be heard on Sept. 27 in Santa Monica Superior Court.

Fuhrman’s lawyer, Robert H. Tourtelot, said he believes “Mr. Toobin is very insensitive to what he has done to Detective Fuhrman. And for Mr. Shapiro to say this is not defamation is ludicrous. People are being hurt by the charade they call a defense.”