📄 Cross-examination of Laura Hart McKinny (1 of 2) — Tuesday, August 29, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\29\CROSS-EXAMINATION-OF-LAURA-HAR.DOC
TRIAL
▲ Day 144 of 167

Cross-examination of Laura Hart McKinny (1 of 2)

Witness: Laura Hart McKinny
Examiner: Christopher Darden
Called by: Defense • Date: Tuesday, August 29, 1995 • Utterances: 337
Prosecutor Christopher Darden cross-examines screenwriter Laura Hart McKinny, attempting to undermine the impact of the Fuhrman tapes by establishing that: the screenplay was explicitly fictional and dramatic, McKinny never fact-checked Fuhrman's accounts, and she did not come forward with the tapes after watching Fuhrman deny using the N-word on CNN. Most significantly, Darden elicits testimony that Fuhrman told McKinny in July 1994 — in a candid, ten-year relationship — that he did not plant the glove.
1 THE COURT:

Mr. Darden.

CROSS-EXAMINATION BY MR. DARDEN

2 MR. DARDEN:

Good afternoon, Miss McKinny.

3 MS. MCKINNY:

Good afternoon, Mr. Darden.

4 MR. DARDEN:

Doing okay?

5 MS. MCKINNY:

I'm all right.

6 MR. DARDEN:

Me, too. You had a financial arrangement with Mr. Fuhrman; is that right?

7 MS. MCKINNY:

We had a verbal agreement, yes.

8 MR. DARDEN:

And he was to receive $10,000 as a result of being the technical advisor in the screenplay?

9 MS. MCKINNY:

Yes.

10 MR. DARDEN:

And you made that agreement when?

11 MS. MCKINNY:

In 1985.

12 MR. DARDEN:

Okay. Would this be at the April 2nd meeting or would it be before the April 2nd meeting?

13 MS. MCKINNY:

It was sometime during that April to June period. I don't remember exactly when the agreement was, but it would have been sometime in June.

14 MR. DARDEN:

Could it have been at your very first meeting, the first time you met him at Alice's restaurant?

15 MS. MCKINNY:

I don't believe so, no.

16 MR. DARDEN:

Okay. But when you met Mr. Fuhrman, you told him that you were doing a screenplay, right?

17 (No audible response.)
18 MR. DARDEN:

Is that right?

19 MS. MCKINNY:

I told him that I was--wanted to do a screenplay about a particular situation, yes.

20 MR. DARDEN:

Okay. Did you tell him that it would be fictional?

21 MS. MCKINNY:

I told him that I wanted to do a fictional piece based on reality.

22 MR. DARDEN:

Did you tell him that it would be about female police officers and their--and their circumstances, the circumstances they confront as police officers in the LAPD?

23 (No audible response.)
24 MR. DARDEN:

Did you tell him that?

25 MS. MCKINNY:

I told him that I wanted it to be--to reflect how certain officers in--who were members of men against women responded to certain women in LAPD and what those frustrations the men were facing were like and what the frustrations and obstacles the women were facing as a result of that were like.

26 MR. DARDEN:

Did you make it clear to Mr. Fuhrman that the screenplay would be a fictional piece of work?

27 MS. MCKINNY:

I believe I already answered that question.

28 MR. DARDEN:

Did you make it clear to Mr. Fuhrman that it would be a fictional piece of work?

29 MS. MCKINNY:

I made it clear to Mr. Fuhrman, that was Officer Fuhrman, that it would be a dramatic fictional piece based on reality.

30 MR. DARDEN:

Okay. Well, is everything contained in the screenplay--well, strike that. You have written a screenplay; is that correct?

31 MS. MCKINNY:

Yes, I have.

32 MR. DARDEN:

Is everything in the screenplay true?

33 MS. MCKINNY:

I don't know if everything is true in the screenplay.

34 MR. DARDEN:

And that is because you have never done any fact checking, that is, with the exception of reading L.A. Times articles as they relate to men against women; is that correct?

35 MR. UELMEN:

Object, your Honor, as to L.A. Times articles.

36 THE COURT:

Overruled.

37 MS. MCKINNY:

Would you repeat the question, please.

38 MR. DARDEN:

The only fact checking you have done or did in preparation of your screenplay was in reading L.A. Times articles as they relate to men against women?

39 MS. MCKINNY:

I would try to talk with other officers about men against women and see if they would tell me anything, so that I knew that it existed. I was unable to obtain any details about the group men against women from anyone else other than Officer Fuhrman.

40 MR. DARDEN:

Okay. And so is it fair to say then that other than the information given to you by Officer Fuhrman and the L.A. Times articles, you had no other facts or sources to corroborate the things Detective Fuhrman told you?

41 MS. MCKINNY:

Aside--as well as the other information that people had given me to let me know that it existed.

42 MR. DARDEN:

Okay.

43 MS. MCKINNY:

Yes.

44 MR. DARDEN:

Did you look at any official police records?

45 MS. MCKINNY:

I was unable to look at any official police records. They were--

46 MR. DARDEN:

Now, during the conversations you had with Mr. Fuhrman he would recount to you certain events; is that correct?

47 MS. MCKINNY:

Yes.

48 MR. DARDEN:

Okay. And you never did a fact check to determine whether or not the things he told you were true or not; is that correct?

49 MS. MCKINNY:

There were certain things that Officer Fuhrman discussed regarding women and the LAPD and the academy and some of the changes that had been made at the academy due to the consent decree that had been signed in the early eighties that really mandated that more women be in the police departments. And so we had discussed some of the changes that were made at the academy.

50 MR. DARDEN:

Okay. May I interrupt you for a moment? This is nonresponsive.

51 THE COURT:

Overruled.

52 MR. DARDEN:

May I ask another question?

53 THE COURT:

You may.

54 MR. DARDEN:

Miss McKinny, is it your impression that we are on opposing sides of an issue here?

55 MS. MCKINNY:

You and I?

56 MR. DARDEN:

Yes.

57 MS. MCKINNY:

No.

58 MR. DARDEN:

Okay. Because we are not. Okay. But my question to you is simply this: Did you--well, strike that. Do you recall the incidents involving the four men in Hollenbeck area that according to Fuhrman were beaten by him and three other officers?

59 MS. MCKINNY:

Certainly.

60 MR. DARDEN:

Okay. Did you look at any official police record to see whether or not that event actually occurred?

61 MS. MCKINNY:

No, I did not.

62 MR. DARDEN:

Did you ever review any civil suits or the civil index to see whether or not any plaintiff filed a lawsuit alleging facts resembling the facts or the information Detective Fuhrman gave you?

63 MS. MCKINNY:

No.

64 MR. DARDEN:

Now, you have heard a number of incidents recounted by Detective Fuhrman on tape here today; is that correct?

65 MS. MCKINNY:

That's correct.

66 MR. DARDEN:

Okay. Can you recall any specific incident, that is, among those you heard hear today, wherein you searched a civil index for information for plaintiffs alleging facts or allegations similar to the ones we heard today?

67 MS. MCKINNY:

No.

68 MR. DARDEN:

And one of the reasons you never did that is because you were writing a fictional screenplay based on what? On reality?

69 MS. MCKINNY:

That's accurate.

70 MR. DARDEN:

Okay. Based somewhat on reality; is that right?

71 MS. MCKINNY:

Yes.

72 MR. DARDEN:

Some of the more realistic aspects of your screenplay was the procedures used by the LAPD, correct?

73 MS. MCKINNY:

I'm sorry, could you repeat that again?

74 MR. DARDEN:

Some of the aspects of your screenplay that are factual, as opposed to fictional, include things like the procedures utilized by the LAPD?

75 MS. MCKINNY:

Yes. Some of them are factual.

76 MR. DARDEN:

Okay.

77 MS. MCKINNY:

As far as I would know.

78 MR. DARDEN:

Now, when you--when you spoke to Detective Fuhrman about the screenplay initially, did you tell him that you were hoping to write a screenplay suitable for movie theaters, as opposed to a television movie?

79 MS. MCKINNY:

That wouldn't have been discussed initially, but yes, I did tell him that I wanted to write a feature.

80 MR. DARDEN:

And the reason you wanted to do a feature film, as opposed to a TV movie, was because you wanted to make certain that the movie or screenplay was extremely dramatic, correct?

81 MS. MCKINNY:

I wanted to make certain that if we were dealing about issues of whether or not women could succeed in areas of high crime, that I was accurately representing to the best of my ability what might in fact take place there and I didn't know if that could be accurately depicted on television.

82 THE COURT:

All right. Miss McKinny, would you just sort of pull the microphone a little bit closer to you.

83 MS. MCKINNY:

Yes.

84 THE COURT:

Thank you. Mr. Darden.

85 MR. DARDEN:

Thank you, your Honor.

86 MR. DARDEN:

And the kind of things that might take place include violence of course, correct?

87 MS. MCKINNY:

Yes. I was writing about an area of violent crime.

88 MR. DARDEN:

Okay. And you didn't want to do a TV movie because you were concerned that some of the violence that you thought was relevant might be cut out of a television movie; is that right?

89 MS. MCKINNY:

It wasn't just the violence. That can be adapted for television. That was a concern, but that wasn't exclusive. It was the language as well.

90 MR. DARDEN:

You wanted to make sure that any profanity that you felt was appropriate in the context of this screenplay or this movie was included in the movie; is that correct?

91 MS. MCKINNY:

That's correct.

92 MR. DARDEN:

And did that include racial epithets as well?

93 MS. MCKINNY:

If appropriate it would.

94 (Discussion held off the record between the Deputy District Attorneys.)
95 MR. DARDEN:

You assumed or hoped, rather, that the movie would be extremely violent; is that right?

96 MS. MCKINNY:

No, I didn't want it to be extremely violent. I wanted it to reflect what kind of issues and situations men and women who worked in an area of high crime late at night, what kinds of situations they might encounter.

97 MR. DARDEN:

All right. And were you concerned at all that if the movie was made into a TV movie that the issues and the language and the violence might be watered down?

98 MS. MCKINNY:

Yes.

99 MR. DARDEN:

Okay. Now--and did you tell all of this to Mark Fuhrman about your concerns about the issues and the language and the violence being watered down if it was made into a TV movie? Did you tell this to Mark Fuhrman?

100 MS. MCKINNY:

I don't think initially. That is something that we might have discussed more at a much later date.

101 MR. DARDEN:

Okay. But you would have told him this sometime in 1985, correct?

102 MS. MCKINNY:

No, not necessarily. I could have told him later when a gentleman who optioned it would be taking it to television. It wasn't something that I might have told him initially.

103 MR. DARDEN:

Okay. And we are speaking in terms of whether you might have told him or when you might have told him at this point. Is it fair to say that you don't recall when exactly you told him?

104 MS. MCKINNY:

That would be fair to say, yes.

105 MR. DARDEN:

Okay.

106 (Discussion held off the record between the Deputy District Attorneys.)
107 MR. DARDEN:

When we spoke to you on August 17--and we did speak to you, Miss Clark and myself and other members of my staff; is that correct?

108 MS. MCKINNY:

Yes, we did.

109 MR. DARDEN:

You came to our offices and spoke to us?

110 MS. MCKINNY:

Yes.

111 MR. DARDEN:

You and your lawyers?

112 MS. MCKINNY:

Yes.

113 MR. DARDEN:

And you had spoken to the Defense previously; is that right?

114 MS. MCKINNY:

That's correct.

115 MR. DARDEN:

Okay. When you spoke to us on August 17th didn't you tell us that you had always told Fuhrman that it was a feature because it was very controversial and quite violent?

116 MS. MCKINNY:

Could you say that again, please?

117 MR. DARDEN:

When you spoke to us on August 17th didn't you tell us that you had always told Fuhrman that it was a feature, that you were writing a feature because it was very controversial and quite violent?

118 MS. MCKINNY:

I think that was an understanding, that it was a feature, that I wanted to write a feature, and that given the nature of the location of violent division, 77th, the question is can a woman officer succeed in a violent area of crime, so he knew that.

119 MR. DARDEN:

I'm sorry.

120 MS. MCKINNY:

Go ahead.

121 MR. DARDEN:

Let you finish. Did you finish?

122 MS. MCKINNY:

I'm not sure if I answered exactly your question. If you want to rephrase it I will try to answer it.

123 MR. DARDEN:

Well, this is an understanding both you and Fuhrman had from the beginning of his involvement in the project; is that right?

124 MS. MCKINNY:

Could we go over the part so I'm clear for you? One, that it would be a feature and--

125 MR. DARDEN:

Two, it would be violent?

126 MS. MCKINNY:

It would be--that the story would take place in an area of violent crime which, as it might develop, I would certainly want to know what kind of situations would occur with men and women.

127 MR. DARDEN:

At some point you learned of Detective Fuhrman's testimony when he was asked if he had used a certain slur in the past ten years? You learned of that testimony sometime after Fuhrman gave that testimony?

128 MS. MCKINNY:

I--again, please.

129 MR. DARDEN:

Did you learn of Fuhrman's testimony in this case regarding the "N" word sometime after he gave the testimony?

130 MS. MCKINNY:

I learned of his testimony, yes.

131 MR. DARDEN:

Okay. Were you watching that day when he testified?

132 MS. MCKINNY:

I wasn't watching during the day, but I believe that night or shortly after I saw a snippet of it on CNN.

133 MR. DARDEN:

Okay. And when you saw his testimony and heard him testify that he had not used the "N" word in the past ten years, did you realize at that point that that was not true?

134 MS. MCKINNY:

I would have realized at that point that it would probably be false.

KEY QUOTE
135 MR. DARDEN:

And when you say you would have realized--

136 MS. MCKINNY:

I don't remember what I thought--

137 MR. DARDEN:

Okay.

138 MS. MCKINNY:

--at that time. I was--I don't remember what I thought when I heard his testimony.

139 MR. DARDEN:

Okay. But you learned of it that night?

140 MS. MCKINNY:

Or soon after, yes. I don't know if the snippet I saw was that night or the next night.

141 MR. DARDEN:

Okay. And after learning of Mark Fuhrman's testimony you did not contact the Defense, nor did you contact the D.A.'s office; is that right?

142 MS. MCKINNY:

That is accurate.

143 MR. DARDEN:

You didn't come forward with these tapes and the information you had?

144 MS. MCKINNY:

That's correct.

145 MR. DARDEN:

And you didn't come forward immediately or within a few days of your learning of his testimony? Well, why didn't you come forward immediately?

146 MS. MCKINNY:

The information on the tapes and the testimony on the tapes I felt does not directly exonerate Mr. Simpson and therefore I didn't have a responsibility to come forth with the information, and there are other people on the tapes and I wanted to protect their confidentiality and interviews they had given to me.

KEY QUOTE
147 MR. DARDEN:

Well, you could have provided the Defense or the D.A.'s office with a single tape, that is, a single tape recording of conversations occurring within the last ten years that included these epithets, had you wanted to; is that correct?

148 MR. UELMEN:

Objection, argumentative.

149 THE COURT:

Overruled.

150 MS. MCKINNY:

Sorry.

151 THE COURT:

Rephrase the question.

152 MR. DARDEN:

You could have given us a single tape, a tape containing only conversation between yourself and Mr. Fuhrman had you wanted to; is that right?

153 MS. MCKINNY:

Given that I wish to protect the confidentiality of the people with whom I had interviewed on those tapes, as well as the confidentiality and the nature in which I gather information as a writer, I doubt seriously, given the enormous leaks that have occurred in the last two months, that I could have offered a tape to the Defense or the Prosecution that specifically delineated some portions of Officer Fuhrman's testimony.

154 MR. DARDEN:

Another reason that you didn't come forward immediately is because it was your view that there was nothing in those tapes that suggested to you that Mark Fuhrman planted evidence in this case; is that correct?

155 MS. MCKINNY:

There was nothing to me that made me feel that Officer Fuhrman could have planted evidence in this particular case, no.

KEY QUOTE
156 MR. DARDEN:

At one point today you testified regarding proffer no. 41, I believe it is, the one that relates to Farrell and this term anthracite. Do you recall that?

157 MS. MCKINNY:

Yes, I do.

158 MR. DARDEN:

Now, during that conversation with Mr. Fuhrman, to put that in context, is it true that Mr. Fuhrman was telling you about a word that some other individual had created?

159 MS. MCKINNY:

I think so.

160 MR. DARDEN:

Okay. Well, would it help you to look at page 16 again?

161 MS. MCKINNY:

Yes, it would. Thank you. (Witness complies.) Okay. Now, can you reask the question?

162 MR. DARDEN:

So having looked at page 16, would you agree that to put that portion of the conversation in context, it was Detective Fuhrman telling you about a word that some other person had created?

163 MS. MCKINNY:

I think that is a possible interpretation, yes.

164 MR. DARDEN:

Do you think that is the appropriate interpretation?

165 MS. MCKINNY:

I don't know. I don't know if he came up with that or somebody else did. I don't know.

166 (Discussion held off the record between the Deputy District Attorneys.)
167 MR. DARDEN:

It is under the column labeled "Farrell"; is that correct?

168 MS. MCKINNY:

Right.

169 MR. DARDEN:

Obviously when you began to write this screenplay you wrote it with the purpose of perhaps selling it some day; is that correct?

170 MS. MCKINNY:

Yes.

171 MR. DARDEN:

And the market for screenplays is a very, very competitive business, isn't it?

172 MS. MCKINNY:

Yes, it is.

173 MR. DARDEN:

Okay. And was it your view at the time that to sell your screenplay that you had to make it provocative or shocking, controversial?

174 MS. MCKINNY:

No, absolutely not. I think the issue itself is enormously controversial. What I was really trying to do was gather as much information as I could from different points of view to be able to dramatize the material in a cinematic fashion.

175 MR. DARDEN:

Well, you wanted to make it extremely dramatic, I think you told us?

176 MS. MCKINNY:

Yes.

177 MR. DARDEN:

Now, when you spoke to Fuhrman on April 2nd, 1985, did you already have in mind who the characters would be or might be in the screenplay?

178 MS. MCKINNY:

I'm sorry, could you give me the dates again? In `85 you said?

179 MR. DARDEN:

Yes, April 2, `85?

180 MS. MCKINNY:

2, `85? In the initial meeting did I have--I missed the date.

181 MR. DARDEN:

You met him at some point at Alice's restaurant?

182 MS. MCKINNY:

Yes.

183 MR. DARDEN:

You are talking about April 2, 1985?

184 MS. MCKINNY:

We are talking about April 2, 1985, and the question is?

185 MR. DARDEN:

By the way, that is the tape that is missing, correct?

186 MS. MCKINNY:

Yes.

187 MR. DARDEN:

What was the question?

188 THE COURT:

Whether or not the characters had been cast or formed at that time.

189 MR. DARDEN:

Thank you, your Honor.

190 MR. DARDEN:

When you met Detective Fuhrman on April 2, 1985, had the characters been cast or formed at that point?

191 MS. MCKINNY:

No. I only knew that I wanted the epitome of a woman officer to be transferred into an area of high crime and have to be partnered with an officer who was a member of men against women.

192 MR. DARDEN:

You asked Detective Fuhrman to help you develop those characters or some of those characters; is that correct?

193 MS. MCKINNY:

Yes.

194 MR. DARDEN:

You asked him to help you develop some of the characters in his fictional screenplay based on what? On fact?

195 MS. MCKINNY:

I made it clear that I wanted him to give me ideas and some of his points of views so that I could develop the characters, and in that sense he was very helpful in helping to develop the characters, yes.

196 MR. DARDEN:

Okay. So you would give Detective Fuhrman certain scenarios or situations and you would ask him how a police officer might respond to those situations; is that correct?

197 MS. MCKINNY:

That's correct.

198 MR. DARDEN:

Okay. And you would ask him these questions in the context of a police officer whom you envisioned as being an officer who did not like having a female partner?

199 MS. MCKINNY:

Correct.

200 MR. DARDEN:

And you asked him these in context of a police officer who was very difficult to get along with; is that correct?

201 MS. MCKINNY:

Those would have been some of the questions. They weren't all of the questions.

202 MR. DARDEN:

Okay. And you would ask him these questions in the context of a police officer who might not always play by the rules?

203 MS. MCKINNY:

Well, that was an element that seemed to present itself as the interviews progressed. I didn't know that initially.

204 MR. DARDEN:

Okay. You asked him these questions in the context of a police officer who lied on occasion, who would lie on occasion?

205 MS. MCKINNY:

Again, it is within the context of the story. The men who are involved--some of the men who were involved in men against women routinely stonewalled women, embarrassed them and humiliated them by keeping them out of their group, and within that context there was a certain amount of lying that went on. I was interested in that.

206 MR. DARDEN:

Okay. And Detective Fuhrman was interested in helping you?

207 MS. MCKINNY:

Yes, he was very supportive.

208 MR. DARDEN:

Okay. Could you have written a screenplay that you eventually produced without the help of Detective Fuhrman?

209 MS. MCKINNY:

Could I have written the screenplay? Yes. I did an enormous amount of research on the screenplay, interviewed many officers from LAPD and Los Angeles academy; however, I would not have had the same--there is a good chance that I would not have had some of the point of view of Officer Fuhrman and some of the scenarios that have been recently revealed in the news were given to me by him, and I included a couple of them in the script, I abridged them significantly, but it is unlikely that I would have gotten that information regarding men against women.

210 MR. DARDEN:

Is it fair to say that Detective Fuhrman was helping you make up a story?

211 MS. MCKINNY:

Helping me make up a story?

212 MR. DARDEN:

Yes. He was helping you to make up a story?

213 MS. MCKINNY:

I would say it is very fair to say that he was giving me information that helped me develop characters for the story, yes. There is a huge bulk of story of which Officer Fuhrman didn't comment on or offer information for.

214 MR. DARDEN:

But when you testified in North Carolina at line 20 of the transcript you told the Judge that Mark Fuhrman was helping you make up a story; is that correct?

215 MS. MCKINNY:

I thought I answered that he was helping make up certain--giving me certain points of view that then helped me make up characters and in that light he certainly was helping.

216 MR. UELMEN:

Your Honor, could we have a page reference?

217 THE COURT:

I thought he gave it.

218 MR. DARDEN:

Page 20 on my transcript which is a fax. It may be different on counsel's.

219 MR. DARDEN:

Detective Fuhrman didn't tell you that he planted evidence on innocent people, did he?

220 MS. MCKINNY:

I would have to find that in my transcripts. I don't recall a particular incident right now where Detective Fuhrman said he planted evidence on innocent people.

221 MR. DARDEN:

You don't recall a particular incident?

222 MS. MCKINNY:

No.

223 MR. DARDEN:

And the views that Detective Fuhrman expressed on the tape, you don't know that what is reflected on the tape are his real views or his true views about African Americans; is that correct?

224 MR. UELMEN:

Objection, calls for speculation.

225 THE COURT:

Overruled.

226 MS. MCKINNY:

Could you say that again, please.

227 MR. DARDEN:

The views expressed by Detective Fuhrman on the tapes, you don't know that those views reflect his true views about African Americans, do you?

228 MR. UELMEN:

Objection, vague.

229 THE COURT:

Overruled. Do you understand the question?

230 MS. MCKINNY:

Just--it feels--it feels vague to me, but I can answer it.

231 MR. DARDEN:

Okay.

232 MS. MCKINNY:

I--what is on the tape is what Officer Fuhrman said to me. I don't know if he was lying to me or saying anything else. It is what he said.

233 MR. DARDEN:

Okay. And so that the record is clear and there is no dispute between you and I certainly, he used this epithet, correct, in the last ten years? I mean, he uttered this word, didn't he?

234 MS. MCKINNY:

Yes.

235 MR. DARDEN:

Okay. Now, to go back to the--excuse me.

236 (Discussion held off the record between the Deputy District Attorneys.)
237 MR. DARDEN:

The screenplay that you wrote was not a biography of Detective Fuhrman's life, was it?

238 MS. MCKINNY:

No, it was not.

239 MR. DARDEN:

To go back to the 1985 tape, the one that was lost--and this would be the first tape?

240 MR. UELMEN:

Objection, misstates the evidence.

241 THE COURT:

Rephrase the question.

242 MR. DARDEN:

The April 2, 1985, conversation that you had, was the tape lost or copied over?

243 MS. MCKINNY:

No, I inadvertently rerecorded over it.

244 (Discussion held off the record between the Deputy District Attorneys.)
245 MR. DARDEN:

You say you made a transcript of that tape; is that right?

246 MS. MCKINNY:

Of the April 2nd taped interview?

247 MR. DARDEN:

Yes.

248 MS. MCKINNY:

Yes, I did.

249 MR. DARDEN:

Now, you didn't begin the tape initially or immediately upon seeing Detective Fuhrman on April 2nd; is that correct?

250 MS. MCKINNY:

No.

251 MR. DARDEN:

Okay. You met him, you spoke to him for a while, and then you turned the tape on; is that right?

252 MS. MCKINNY:

Yes.

253 MR. DARDEN:

There is conversation--there was conversation that you had with Detective Fuhrman that is not on the tape; is that correct?

254 MS. MCKINNY:

That would be correct.

255 MR. DARDEN:

Okay. And there were times and occasions during the conversation that you had with him when you turned off the tape; is that right?

256 MS. MCKINNY:

Yes, or at the end of the discussion.

257 MR. DARDEN:

Okay. So you might discuss a particular topic or have a certain discussion and turn the tape on and then turn it off at the end of that discussion?

258 MS. MCKINNY:

It is possible, especially if I was trying to protect--I only had a couple tapes with me and I was concerned about time, yes.

259 MR. DARDEN:

Okay. So when you say it is possible, what you are intending to convey to us is that you are not sure when and if and at what time you may have turned the tape on or off during that April 2nd, 1985, conversation; is that correct?

260 MS. MCKINNY:

I don't recall.

261 MR. DARDEN:

Okay. And when you transcribed the tape, the April 2nd tape, you didn't transcribe each and every word contained on that tape; is that correct?

262 MS. MCKINNY:

Well, for the initial tapes I was very judicious about transcribing my questions and Officer Fuhrman's responses, because it was a new topic and I wanted to try to understand and catch his cadences, specific situations, procedure, elements that would give me fodder and information upon which to develop this screenplay.

263 MR. DARDEN:

Okay. So if there was other information on the tape, information that you didn't feel helped to develop the screenplay, you would transcribe that information?

264 MS. MCKINNY:

Initially I would have transcribed the first interviews.

265 MR. DARDEN:

Okay.

266 MS. MCKINNY:

Yes.

267 MR. DARDEN:

When you say--I'm sorry. When you say that initially you would have transcribed those portions of those interviews, you are assuming, correct, that you did that or would have done that?

268 MS. MCKINNY:

I am assuming, yes.

269 MR. DARDEN:

Okay. How long did the April 2nd, 1985, interview--strike that. How long did you and Detective Fuhrman talk and speak to each other on April 2nd, 1985?

270 MS. MCKINNY:

I'm not sure. Probably about between an hour and a half to two hours.

271 MR. DARDEN:

And you are not sure actually just how long that conversation lasted, are you?

272 MS. MCKINNY:

No, I am not.

273 MR. DARDEN:

Was it during that April 2nd, 1985, conversation that you first heard Fuhrman use the "N" word?

274 MS. MCKINNY:

I believe so, yes.

275 MR. DARDEN:

And when you heard him use that word you did not react to his use of the word; is that correct?

276 MS. MCKINNY:

No, I did not.

277 MR. DARDEN:

You did not tell him to stop using the word; is that correct?

278 MS. MCKINNY:

That's correct.

279 MR. DARDEN:

You didn't ask him not to use it again; is that correct?

280 MS. MCKINNY:

That's correct.

281 MR. DARDEN:

And why is that?

282 MS. MCKINNY:

Again, please.

283 MR. DARDEN:

Why is that? Why didn't you stop him?

284 MS. MCKINNY:

Oh, I was, as I mentioned before, in a journalistic mode, not a judgmental one, and I wanted to hear what he had to say and encourage him to feel that he could speak comfortably and--and use whatever words he felt appropriate.

KEY QUOTE
285 MR. DARDEN:

That is what you did? Did you encourage him to continue to speak in the tone and manner in which he had during the April 2nd, 1985, interview?

286 MS. MCKINNY:

I didn't discourage him by asking him not to use certain words or asking him not to tell me about certain things or that I didn't want to hear about certain situations that might have occurred, would have closed the door to really helping me understand what his point of view was regarding this issue, which he did understand I wanted to convey in the context of the screenplay. It would have been counterproductive to my research.

287 MR. DARDEN:

Now, some of the interviews you had with Detective Fuhrman, and that are on tape, were telephonic interviews; is that right?

288 MS. MCKINNY:

That's correct.

289 MR. DARDEN:

You were in North Carolina at the time?

290 MS. MCKINNY:

No, I was not.

291 MR. DARDEN:

Okay.

292 MS. MCKINNY:

I was in Santa Monica.

293 MR. DARDEN:

And you also told us this morning that at some point you sent Fuhrman's transcripts of your interviews to him; is that right?

294 MS. MCKINNY:

I recall sending him one transcript which would have been the first one. It would--and the questions, because I had written questions for him to consider answering during our next meeting. So I felt that he might--the transcript might be useful to him in refreshing his memory to help him ponder those questions. I don't recall sending him all of the other transcripts during those `85 taped interviews independent--I don't recall sending him the transcripts independently. I think I gave them to him again all at once in a bound three-ring binder similar to this one which is how I file my transcripts.

295 MR. DARDEN:

You say you think you gave those to him?

296 MS. MCKINNY:

I know I gave them to him, but I don't remember exactly when, whether it was in June or early June, late June. I just don't remember if I sent him by mailing any more than the first transcript. I gave the others to him bound in a three-ring binder.

297 MR. DARDEN:

Do you know whether or not he read those transcripts?

298 MS. MCKINNY:

I have no idea.

299 MR. DARDEN:

You never sent him the tapes?

300 MS. MCKINNY:

No.

301 MR. DARDEN:

Have you ever given him a copy of the tapes?

302 MS. MCKINNY:

No.

303 MR. DARDEN:

Never gave him a copy of the tapes before he testified at trial in this matter?

304 MS. MCKINNY:

I'm sorry?

305 MR. DARDEN:

You didn't give him a copy of the tapes prior to his testimony in this trial?

306 MS. MCKINNY:

No.

307 MR. DARDEN:

Is it fair to say that the only time that Fuhrman used these epithets was in the context of his discussions with you regarding the screenplay?

308 MS. MCKINNY:

Could you rephrase that, please?

309 MR. DARDEN:

Is it fair to say that the only time that Fuhrman used these epithets was during the conversations he had with you and in the context of your discussion of the screenplay?

310 MS. MCKINNY:

I can say that he used the epithets in the context--in the tapes. Umm--I don't--and the--in the taped interviews and the transcripts? I don't--I don't--that is accurate. I don't know what else to say about that. Sorry.

311 MR. DARDEN:

Well, you met with Fuhrman during July of 1994; is that right?

312 MS. MCKINNY:

That's correct.

313 MR. DARDEN:

July 28 was it?

314 MS. MCKINNY:

Yes.

315 MR. DARDEN:

And you mentioned the name of a producer who was also present at the time?

316 MS. MCKINNY:

Yes.

317 MR. DARDEN:

And who was that?

318 MS. MCKINNY:

That was Mr. John Flynn.

319 MR. DARDEN:

Okay. And you and Mr. Flynn had a conversation with Fuhrman regarding the glove issue, correct?

320 MS. MCKINNY:

Umm, there was reference made to the glove during that conversation, yes.

321 MR. DARDEN:

And he told you that he did not plant the glove, didn't he?

KEY QUOTE
322 MS. MCKINNY:

Yes.

323 MR. DARDEN:

And you had known Fuhrman at that point for a period of ten years; is that correct?

324 MS. MCKINNY:

Yes.

325 MR. DARDEN:

And would you agree that you and he had the kind of relationship where he could be candid with you?

326 MS. MCKINNY:

Yes.

327 MR. DARDEN:

If I could have one moment, your Honor?

328 THE COURT:

Certainly.

329 (Brief pause.)
330 MR. DARDEN:

To place into context the portion of the July 28th conversation that we've heard here today, that is that portion of the conversation where Detective Fuhrman spoke of Mr. Shapiro, Detective Fuhrman was talking about suing Shapiro for libel at that time; is that correct?

331 MS. MCKINNY:

I believe that was the context, yes.

332 MR. DARDEN:

Detective Fuhrman claimed he had been libeled and slandered when Mr. Shapiro alleged that he, Detective Fuhrman, had planted the glove in this case; is that right?

333 MS. MCKINNY:

I actually don't know why Detective Fuhrman was libeled. I know that we discussed that, but I don't know what that issue was between Mr. Shapiro and Officer Fuhrman.

334 MR. DARDEN:

During that conversation Mr. Fuhrman told you that on the night of June--during the early morning hours of June 13th that he was just doing his job; is that correct?

335 MS. MCKINNY:

Yes.

336 MR. DARDEN:

He said that he was doing his job like he did in every other investigation that he handled; is that correct?

337 MS. MCKINNY:

Umm, yes.

Temperature

tense

Key Quotes (5)

Laura Hart McKinny
There was nothing to me that made me feel that Officer Fuhrman could have planted evidence in this particular case, no.
Darden's most important extraction — the witness whose tapes devastated Fuhrman affirmatively states she saw no evidence of planting, directly undercutting the defense's core use of her testimony.
Laura Hart McKinny
I was, as I mentioned before, in a journalistic mode, not a judgmental one, and I wanted to hear what he had to say and encourage him to feel that he could speak comfortably and use whatever words he felt appropriate.
Darden uses this to argue Fuhrman's language was performer for a dramatic screenplay, not a window into his actual views.
Laura Hart McKinny
The information on the tapes and the testimony on the tapes I felt does not directly exonerate Mr. Simpson and therefore I didn't have a responsibility to come forth with the information.
Explains why she withheld the tapes after seeing Fuhrman's testimony — damages her neutrality and suggests she made a legal judgment about the evidence's relevance.
Laura Hart McKinny
He told you that he did not plant the glove, didn't he? Yes.
Fuhrman's July 1994 denial of planting the glove, in a candid conversation with a trusted confidante of ten years, is a significant counterweight to defense theory.
Laura Hart McKinny
I would have realized at that point that it would probably be false.
McKinny acknowledges she understood Fuhrman's trial testimony about the N-word was likely perjury — but still did not come forward.

Evidence (5)

Informal
Proffer no. 41 — conversation referencing 'Farrell' and the term 'anthracite'
discussed, context challenged — Darden argues Fuhrman was describing a word invented by someone else, not coining it himself
Informal
April 2, 1985 tape — the first recorded interview, inadvertently recorded over by McKinny
discussed; McKinny confirms she transcribed it but cannot verify completeness; tape is gone
Informal
Transcript of McKinny's North Carolina hearing testimony, page 20
used for impeachment — Darden confronts McKinny with her prior statement that Fuhrman was 'helping make up a story'
Informal
July 28, 1994 taped conversation between McKinny, producer John Flynn, and Fuhrman
discussed for context — Fuhrman's denial of planting the glove and his discussion of suing Shapiro for libel
Informal
Bound three-ring binder of interview transcripts given to Fuhrman
discussed — McKinny confirms she gave Fuhrman the transcripts but not the tapes themselves

Notable Exchanges (4)

Christopher DardenLaura Hart McKinny
Darden methodically establishes that McKinny never fact-checked any of Fuhrman's accounts — no civil index searches, no police records, no corroboration for the Hollenbeck beating story or any other incident — framing the tapes as unverified dramatic material.
strategic
Christopher DardenLaura Hart McKinny
Darden presses McKinny on why she didn't come forward after watching Fuhrman's CNN testimony. McKinny says she didn't believe the tapes exonerated Simpson and wanted to protect other interviewees' confidentiality.
revealing
Christopher DardenLaura Hart McKinny
Darden elicits that McKinny actively encouraged Fuhrman to speak freely and did not stop him from using racial epithets, positioning her as having created an artificial environment that drew out extreme language for dramatic purposes.
strategic
Christopher DardenLaura Hart McKinny
Darden establishes that in July 1994, with producer John Flynn present, Fuhrman explicitly told McKinny he did not plant the glove — and that after ten years McKinny considered their relationship candid enough that he could be truthful with her.
devastating to defense

Light Moments (2)

Lance A. Ito
Judge Ito quietly helps Darden remember his own question after a tangent about the missing April 2 tape: 'Whether or not the characters had been cast or formed at that time.' Darden thanks him.
Christopher Darden
Darden, apparently sensing friction, pauses to reassure the witness: 'Miss McKinny, is it your impression that we are on opposing sides of an issue here? … Because we are not.'

Credibility Attacks (3)

⚔ Laura Hart McKinny
prior inconsistent statement
Darden confronts McKinny with her North Carolina hearing testimony (page 20) where she said Fuhrman was 'helping make up a story,' contrasting it with her trial testimony that he was providing factual research input.
⚔ Laura Hart McKinny
omission / failure to come forward
Darden establishes that McKinny watched Fuhrman's CNN testimony, recognized it was 'probably false,' and still did not contact prosecutors or defense — suggesting selective cooperation or poor civic judgment.
⚔ Mark Fuhrman (indirectly defended)
contextual reframing
Darden argues Fuhrman's use of racial epithets occurred exclusively in the context of developing a fictional, deliberately provocative screenplay — and that McKinny actively encouraged him to use extreme language, making the tapes an unreliable window into his actual views.

Witness Demeanor

(No audible response.) — twice, when first asked about disclosing the screenplay's fictional nature
Witness complies — reviews page 16 of transcript when offered by Darden
Frequent requests to repeat or rephrase questions throughout, suggesting careful or guarded responses
Acknowledged feeling the question about Fuhrman's 'true views' was vague before answering it

Objections

6 objections (1 sustained, 5 overruled)
Proceeding 7467 • 337 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 AUG 29, 1995 📄 Cross-examination of Laura Har
AUG 29, 1995 KRT DvH TD