Sidebar: Fuhrman motive and bias

📄 Sidebar: Fuhrman motive and bias — Tuesday, October 29, 1996

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C:\DEPT103\CIVIL\1996\OCT\29\SIDEBAR-FUHRMAN-MOTIVE-AND-BIA.DOC

TRIAL

▲ Day 5 of 57

◀ Redirect examination of Ron Phillips (part 1) Redirect examination of Ron Phillips (part 2) ▶

Date: Tuesday, October 29, 1996 • Utterances: 9

A brief sidebar where Judge Fujisaki questioned defense attorney Dan Leonard about the relevance of his current line of questioning regarding Mark Fuhrman. Leonard argued the testimony established foundation for witness bias — that the witness had a motive to protect Fuhrman, who worked under his supervision. Leonard quickly conceded and moved on.

# 1 (The following proceedings were held at the bench, with the reporter.)

# 2 THE COURT:

Where are you going?

# 3 MR. LEONARD:

I'm almost done. I have maybe one more question.

# 4 THE COURT:

The objection was relevance. What is the relevance?

# 5 MR. LEONARD:

I thought your earlier ruling was that we could bring up Fuhrman's background, or at least talk about the fact that he had a motive and opportunity to plant. I thought that was one of your prior rulings.

KEY QUOTE

# 6 THE COURT:

This is establishing that?

# 7 MR. LEONARD:

Well, it's foundation. It also establishes as foundation that this witness may be biased, because he has an interest in making sure that somebody was working under his control at that time, is not perceived to be somebody who was involved in planting, or his motive is a bias to maybe not tell the truth about it. I mean, this guy was working under his watch.

Look, I'll move on. I made my point.

# 8 THE COURT:

Okay.

# 9 MR. LEONARD:

Okay.

Temperature

procedural

Key Quotes (3)

Dan Leonard

I thought your earlier ruling was that we could bring out Fuhrman's background, or at least talk about the fact that he had a motive and opportunity to plant.

Reveals the defense strategy: connecting Fuhrman's motive to plant evidence to prior rulings they believed permitted this line of inquiry.

Dan Leonard

this witness may be biased, because he has an interest in making sure that somebody was working under his control at that time, is not perceived to be somebody who was involved in planting

The core bias theory — the witness is motivated to cover for Fuhrman because Fuhrman was his subordinate.

Dan Leonard

Look, I'll move on. I made my point.

Leonard withdraws before getting a ruling, suggesting he was satisfied with having made the argument before the jury already.

Notable Exchanges (1)

Hiroshi Fujisaki•Dan Leonard

Judge challenged the relevance of Leonard's questioning; Leonard explained his bias theory, then voluntarily moved on before the judge ruled.

strategic

Credibility Attacks (1)

⚔ unnamed witness (Fuhrman supervisor)

bias

Leonard argued the witness was biased because Fuhrman worked under his command, giving him a motive to deny or minimize Fuhrman's involvement in planting evidence.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 8066 • 9 utterances

Civil Trial

Department 103