Lawyers Ask Judge to Postpone Furrow Trial

Both sides in the murder case against white supremacist Buford O. Furrow Jr. asked a federal judge Thursday to postpone his trial from February until April, citing, among other reasons, the need to prepare for “potential mental health issues that might arise.”

Furrow’s lawyers have yet to say publicly whether they will claim that he was mentally impaired and, therefore, not legally responsible at the time of the crime.

The ex-Aryan Nations guard from Washington state is accused of killing a Filipino American letter carrier after wounding five people last year in a shooting rampage at a Jewish community center in Granada Hills.

It was not clear from Thursday’s request for a trial delay whether defense and prosecution lawyers were referring to mental health issues that might arise in the guilt phase of Furrow’s trial or during a penalty phase, if he is convicted.

Psychiatric testimony is certain to be introduced if Furrow is found guilty. Prosecutors are seeking the death penalty. A bigger question is whether the defense will raise the mental impairment issue during the guilt portion of the trial.

Furrow’s defense previously was ordered to notify the prosecution if it planned to introduce evidence about Furrow’s mental condition during either part of the trial. The deadline for complying passed last month without any mention on the public court docket. The defense may have filed its notice under seal.

Judy Clarke, one of Furrow’s federal public defenders, and Assistant U.S. Atty. Michael J. Gennaco, who heads the prosecution team, both declined to comment Thursday on whether a mental impairment defense is in the offing.

In their request to U.S. District Judge Nora Manella to move the trial to April 24, both sides said the case is extraordinarily complex and raises novel legal issues.

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The most immediate problem was a Thursday deadline for prosecutors to respond to a defense document summarizing the anticipated testimony of four expert witnesses.

“Given the nature of the charges, the complex nature of potential mental health issues and the amount of discovery, the parties feel that it is necessary to adjust the deadline” for a response and trial date, the lawyers wrote.

From the defense perspective, the joint request said that failure to grant a delay “would deny counsel for Furrow the time necessary to prepare adequately for trial and would result in a miscarriage of justice.”

Furrow, who is being held without bail at the federal detention center in downtown Los Angeles, signed the request along with lawyers for each side.

If approved, it would be the third trial delay granted in Furrow’s case, which originally was set to begin Nov. 16.