USA: OJ SIMPSON TRIAL: DEFENCE'S LAST WITNESS

(7 Sep 1995) English/Nat

It could have been the most sensational point of an already sensational trial, but OJ Simpson will not take the stand in his own defence.

His defence attorney Johnnie Cochran ended all speculation on Thursday by revealing the identity of the defence's last witness.

Cochran asked for former detective Mark Fuhrman to take the stand again, but his request was later turned down by Judge Lance Ito.

On Wednesday Fuhrman had declined to answer questions about mishandling of evidence, invoking his fifth amendment right against self-incrimination.

When the case continued on Thursday Judge Lance Ito threw out a defence request to surpress key murder scene evidence found by the detective.

Defence lawyers argued Thursday that in light of Mark Fuhrman's citing of the fifth amendment critical murder scene evidence obtained without a warrant at OJ Simpson's home should be thrown out.

Ito and lawyers met behind closed doors for about an hour before the start of Thursday's trial.

The defence claimed after Fuhrman's fifth amendment plea that the detective must have engaged in illegal practices at the crime scene if he claimed constitutional protection against self-incrimination when asked about planting evidence.

SOUNDBITE:
"Detective Fuhrman did you plant or manufacture evidence in this case?"
Fuhrman: "I assert my fifth amendment privilege."
SUPERCAPTION: Gerald Uelmen, Defence Attorney Mark Fuhrman, Witness.

Fuhrman alleges he found a glove on the estate of Simpson in the early morning hours after Nicole Brown Simpson and Ronald Goldman were found slashed to death.
Other evidence was also linked to Fuhrman, including blood found on and inside Simpson's white Ford Bronco.

Fuhrman also talked with Simpson houseguest Kato Kaelin about thumps he heard on his wall the night of the murders.

Despite the defence's plea Ito refused to dismiss the evidence.

In another attack on Fuhrman Defence attorney Barry Scheck argued that Prosecutor Marcia Clark knew of other allegations made by a member of the Los Angeles police about Fuhrman's character.

He claimed an officer had told prosecutors that Fuhrman had a Nazi swastika on his locker and later burned a record of the incident.

SOUNDBITE:
"I simply don't understand how a detective can be telling district attorneys that he destroyed a diary that contained allegations about Mr. Fuhrman at least about the swastikas incident and at least about this other surveillance incident if not more he burns it rather than turn it over to them and that is the end of the inquiry.. where I come from that is an obstruction of justice."
SUPER CAPTION: Barry Scheck, Defence Lawyer.

Scheck wanted this shown to the jury and for the officer to take the witness stand.

Also late in the morning Lead defence counsel Johnnie Cochran revealed the identity of his final witness.

SOUNDBITE:
"Because we feel that this information has been hidden and in light of the Fuhrman tapes and in light of this man taking the fifth amendment on substantial issues with respect to moving evidence and manufacturing evidence in this case we want to find out more about it also goes to the court's previous rulings with respect to his psychiatric records."
SUPER CAPTION: Barry Scheck, Defence Lawyer.

SOUNDBITE: "Who's next."
Cochran: "Our final witness your honor is Detective Mark Fuhrman and we are ready to proceed."
SUPERCAPTION: Judge Lance Ito Johnnie Cochran, Lead Attorney.

However Judge Ito later rejected the call for Fuhrman to testify before the jury again.

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