📄 Cross-examination of Mark Fuhrman (afternoon, part 2) — Monday, March 13, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAR\13\CROSS-EXAMINATION-OF-MARK-FUHR.DOC
TRIAL
▲ Day 36 of 167

Cross-examination of Mark Fuhrman (afternoon, part 2)

Witness: Det. Mark Fuhrman
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Monday, March 13, 1995 • Utterances: 282
F. Lee Bailey cross-examines Detective Mark Fuhrman, methodically building a case that Fuhrman acted independently and suspiciously throughout the Rockingham visit — going alone without backup to the area where he allegedly found the glove, spending 10-15 minutes there unobserved, and causing 18 pairs of feet to contaminate the scene before any criminalist arrived. The examination culminates in Bailey directly asking whether Fuhrman wiped a glove in the Bronco, which Fuhrman flatly denies, and then asking whether Fuhrman asked Kato for the Bronco keys, which Fuhrman also absolutely denies.
1 Q:

OKAY. IS IT FAIR TO SAY THAT IT WAS NOT AN IMPORTANT MATTER THAT WAS DISCUSSED BY YOU FELLAS, THE PRESENCE OF THE SHOVEL?

2 A:

I DON'T KNOW IF IT COULD BE ON ITS OWN -- IT COULD BE IMPORTANT. COLLECTIVELY IT COULD HAVE SOME IMPACT.

3 Q:

ALL RIGHT. WHOSE IDEA WAS IT TO GO TO ROCKINGHAM, IF YOU KNOW?

4 A:

COMMANDER BUSHEY, I BELIEVE.

5 Q:

OKAY. HOW WAS THAT CONVEYED TO YOU? YOU DIDN'T SPEAK TO THE COMMANDER, DID YOU?

6 A:

NO, DETECTIVE PHILLIPS DID.

7 Q:

OKAY. AND HOW DID YOU LEARN THAT YOU WERE GOING TO ROCKINGHAM?

8 A:

I WAS TOLD WHEN I CAME BACK FROM TALKING TO OFFICER RISKE, "GET IN THE CAR."

9 Q:

JUST SAID, "GET IN THE CAR"?

10 A:

WELL, RON SAID, "LET'S GO," AND I HEARD DETECTIVE LANGE AND VANNATTER, I BELIEVE IT WAS DETECTIVE LANGE SAID, "RON, MARK, LET'S GO." RON SAID "LET'S GO." I GOT INTO THE CAR AND THEN HE TOLD ME WHEN WE GOT IN THE VEHICLE.

11 Q:

WHAT DID HE TELL YOU?

12 A:

HE SAID WE WERE GOING TO GO MAKE A NOTIFICATION, "TAKE US UP TO THE ROCKINGHAM HOUSE."

13 Q:

HAD YOU TALKED TO ANYONE ON THE SCENE THAT NIGHT, ANYONE AT ALL, ABOUT YOUR PRIOR EXPERIENCES WITH MR. SIMPSON IN '85 OR '89, EITHER OR BOTH?

14 A:

YES, THE '85 INCIDENT.

15 Q:

TO WHOM DID YOU CONVEY THAT?

16 A:

WHEN DETECTIVE PHILLIPS WAS ON THE PHONE, HE BROKE AWAY, IT APPEARED TO BE IN MID CONVERSATION, AND ASKED IF I KNEW HOW TO GET UP TO THE SIMPSON HOUSE ON ROCKINGHAM.

17 Q:

BACK UP A MINUTE, IF WE COULD. DETECTIVE PHILLIPS IS NOW ON THE PHONE AT ABOUT FIVE O'CLOCK?

18 A:

I THINK IT WAS A LITTLE BEFORE THAT.

19 Q:

CELLULAR PHONE?

20 A:

YES.

21 Q:

OKAY. AND SO SOMEONE IS DISCUSSING SOMETHING THAT CAUSES HIM TO ASK YOU IF YOU KNOW YOUR WAY TO ROCKINGHAM?

22 A:

YES.

23 Q:

WHAT DID YOU TELL HIM AT THAT TIME? THAT YOU HAD BEEN THERE ONCE BEFORE?

24 A:

I WAS THERE ON A FAMILY DISPUTE A LONG TIME AGO, AND YEAH, I PROBABLY COULD GET UP THERE.

25 Q:

AND WHAT WERE YOU TOLD BY DETECTIVE PHILLIPS WAS THE PURPOSE IN THE TRIP TO ROCKINGHAM?

26 A:

WELL, WHEN WE GOT IN THE VEHICLE HE TOLD ME IT WAS TO MAKE A NOTIFICATION.

27 Q:

UH-HUH. NOW, WERE YOU LOOKING, AS YOU PROCEEDED WITH THE CASE -- I TAKE IT AT THIS POINT YOU WERE SORT OF BACK IN THE CASE? WAS THAT YOUR UNDERSTANDING?

28 A:

NO.

29 Q:

WELL, DID YOU KNOW THAT DETECTIVE VANNATTER SAID ON JULY 6TH THAT YOU WERE IN THE CASE ALWAYS UP TO AND INCLUDING THAT DAY?

30 A:

WELL, I THINK IN MY MIND I KNOW DETECTIVE PHILLIPS AND HE IS GOING TO RENDER ANY ASSISTANCE TO ROBBERY/HOMICIDE HE CAN UNTIL THEY WANT US RELIEVED, AND THAT IS EXACTLY WHAT I THOUGHT WE WERE DOING.

31 Q:

ALL RIGHT. WELL, WERE YOU ON ACTIVE DUTY, SO TO SPEAK?

32 A:

YES, SIR.

33 Q:

OKAY. DO YOU KNOW WHAT THE PURPOSE WAS OF GOING TO ROCKINGHAM?

34 A:

WHEN I GOT IN THE VEHICLE I DID, YES.

35 Q:

YES. WAS IT TO LOOK FOR VICTIMS OR SUSPECTS OR ANYTHING OF THAT SORT?

36 A:

NO. TO MY KNOWLEDGE IT WAS NOTIFICATION.

37 Q:

ALL RIGHT. HAD ANYONE DETERMINED, AS OF THAT POINT, WHETHER MR. SIMPSON WAS IN TOWN?

38 A:

NO.

39 Q:

WAS THE FACT THAT HE TRAVELED A GREAT DEAL EVER DISCUSSED BY THE DETECTIVES BEFORE YOU WENT UP THERE?

40 A:

I DON'T THINK ANYBODY WOULD HAVE KNOWN THAT. I DIDN'T HEAR ANYTHING.

41 Q:

OKAY. NOW, AT SOME POINT YOU HAVE TOLD US YOU BECAME SUFFICIENTLY CONCERNED THAT YOU AND YOUR COLLEAGUES DECIDED IT WAS NECESSARY TO FORCIBLY ENTER THE PREMISES BY CLIMBING OVER THE WALL, RIGHT?

42 A:

YES.

43 Q:

AND THAT WAS BECAUSE OF SOME CONCERN ON YOUR PART THAT THERE MIGHT BE SUSPECTS OR VICTIMS ON THE PREMISES, SOMEBODY IN NEED OF HELP?

44 A:

THAT'S CORRECT.

45 Q:

IS THAT SO?

46 A:

YES, SIR.

47 Q:

OKAY. YOU WENT TO THE FRONT DOOR AND COULDN'T RAISE ANYONE, CORRECT?

48 A:

ARE YOU TALKING ABOUT AFTER WE ENTERED?

49 Q:

YES, AFTER YOU ALL GOT INSIDE.

50 A:

YES, SIR.

51 Q:

THEN WALKED AROUND ON THE NORTH PATH TO WHAT TURNED OUT TO BE THE BUNGALOW ROOM BELONGING TO KATO KAELIN?

52 A:

THAT'S CORRECT.

53 Q:

WHEN THE OTHERS WENT TO TALK TO ARNELLE, YOU REMAINED BEHIND?

54 A:

YES.

55 Q:

WERE YOU CONCERNED ABOUT WHO KAELIN WAS?

56 A:

YES.

57 Q:

WERE YOU CONCERNED ABOUT WHETHER HE HAD THE RIGHT TO BE THERE?

58 A:

HE APPEARED THAT -- IT JUST APPEARED THAT HE HAD THE RIGHT TO BE THERE. I JUST DIDN'T KNOW WHO HE WAS.

59 Q:

WELL, WAS HE A SUSPECT AT THAT POINT?

60 A:

I DON'T THINK -- I THINK HE WAS NOT A SUSPECT, BUT WE DIDN'T KNOW ANYTHING ABOUT HIM AT THAT POINT.

61 Q:

OKAY. WHY DID YOU GIVE HIM A SOBRIETY TEST?

62 A:

TO MAKE SURE HE WASN'T UNDER THE INFLUENCE OF ALCOHOL.

63 Q:

AND WHY WERE YOU CONCERNED ABOUT THAT?

64 A:

HIS EYES WERE JUST REALLY BLOODSHOT AND GLASSY AND HE WAS ALL --

65 Q:

BUT IF HE HAD BEEN UNDER THE INFLUENCE OF ALCOHOL --

66 MS. CLARK:

OBJECTION, YOUR HONOR. COULD THE WITNESS FINISH?

67 THE COURT:

SUSTAINED. LET HIM FINISH.

68 MR. BAILEY:

I'M SORRY.

69 Q:

GO AHEAD.

70 A:

I JUST WANTED TO MAKE SURE HE WASN'T UNDER THE INFLUENCE.

71 Q:

AND IF HE HAD BEEN, WHAT WERE YOU GOING TO DO THEN?

72 A:

WELL, I DON'T KNOW, SIR. I PROBABLY WOULDN'T HAVE INTERVIEWED HIM RIGHT THEN OR MAYBE I WOULD HAVE TAKEN HIM INSIDE. I DON'T KNOW.

73 Q:

ALL RIGHT. YOU LOOKED AROUND THE PREMISES?

74 A:

YES.

75 Q:

WHERE HE WAS?

76 A:

YES.

77 Q:

AND MEANWHILE THE OTHERS, TO YOUR KNOWLEDGE, HAD LEFT AND GONE INTO THE MAIN HOUSE?

78 A:

I DIDN'T KNOW WHERE THEY WERE.

79 Q:

WELL, THEY WEREN'T WITH ARNELLE ANY MORE WHEN YOU CAME OUT, WERE THEY?

80 A:

WELL, WHEN I CAME OUT, I LOOKED TO MY RIGHT AND I DIDN'T SEE THEM, SO I LOOKED TO MY LEFT AND I SAW AN OPEN DOOR.

81 Q:

UH-HUH. KATO WENT WITH YOU INTO THE MAIN HOUSE?

82 A:

YES.

83 Q:

AND AS YOU PASSED BY THE KITCHEN, YOU HAD ALREADY SEATED HIM IN THE BAR STOOL?

84 A:

YES, SIR.

85 Q:

AND YOU SAW PHILLIPS ON THE PHONE?

86 A:

YES.

87 Q:

DID YOU KNOW HE WAS TALKING TO MR. SIMPSON?

88 A:

I DIDN'T KNOW WHO HE WAS TALKING TO, SIR.

89 Q:

DID YOU INQUIRE OF ANY OF THESE FELLOWS WHAT DETECTIVE PHILLIPS WAS DOING?

90 A:

NO.

91 Q:

DID YOU SEE DETECTIVE LANGE COMFORTING ARNELLE?

92 A:

NO.

93 Q:

WHAT DID YOU SEE HIM DOING? DID YOU SEE HIM IN THE ROOM?

94 A:

I BELIEVE HE WAS IN THE ROOM, BUT I SAW DETECTIVE VANNATTER. THAT IS WHO I FOCUSED ON.

95 Q:

DID YOU SEE ARNELLE IN THE ROOM, MR. SIMPSON'S DAUGHTER?

96 A:

I BELIEVE THAT SHE WAS, BUT I'M NOT POSITIVE.

97 Q:

ALL RIGHT. NOW, HAD YOU INTERROGATED KATO IN HIS ROOM ABOUT WHAT HE MIGHT KNOW THAT COULD HELP YOU WITH THE SOLUTION OF THIS CRIME?

98 A:

I ASKED HIM A FEW QUESTIONS. THEY WEREN'T DIRECTLY CRIME SCENE QUESTIONS, NO.

99 Q:

WELL, YOU HAD BEEN TRAINED TO INTERROGATE PEOPLE, HADN'T YOU?

100 A:

YES.

101 Q:

AND YOU ALSO HAD INTERROGATED MANY SUSPECTS IN YOUR CAREER, HAD YOU NOT?

102 A:

YES.

103 Q:

INTERROGATION IS AN IMPORTANT ART OF POLICE PROCEDURE?

104 A:

YES, SIR.

105 Q:

WERE YOU QUESTIONING HIM WITH A VIEW TOWARD LEARNING SOMETHING THAT MIGHT BE IMPORTANT IN THE CASE?

106 A:

COULD BE, YES.

107 Q:

LOOKING FOR SOME LITTLE SLIP OF THE TONGUE HE MIGHT MAKE THAT COULD BE SIGNIFICANT?

108 A:

I DIDN'T KNOW WHAT WE WERE LOOKING FOR, SIR.

109 Q:

YOU DIDN'T KNOW WHAT YOU WERE LOOKING FOR?

110 A:

NO.

111 Q:

BUT DID YOU QUESTION KATO FOR A TIME AND THEN YOU CAME OUT TO THE KITCHEN, SEATED HIM IN A BAR STOOL AND SAID TO DETECTIVE VANNATTER, "YOU OUGHT TO GO TALK TO HIM"?

112 A:

YES.

113 Q:

WHY DID YOU THINK THAT DETECTIVE VANNATTER, YOUR SUPERIOR, SHOULD BE DIRECTED TO GO TALK TO KATO KAELIN ON A BAR STOOL?

114 A:

WELL, HE COULD TAKE THAT INTERVIEW AND PUT IT TO A FORMAL INTERVIEW ON PAPER WHERE --

115 Q:

YOU COULDN'T DO THAT?

116 A:

I COULDN'T AT THAT POINT UNLESS I'M DIRECTED TO BY DETECTIVE VANNATTER.

117 Q:

OKAY. BUT INSTEAD YOU DIRECTED HIM, IT SOUNDS LIKE?

118 A:

I DIDN'T DIRECT HIM. I JUST SAID, "YOU MIGHT WANT TO TALK TO THIS GUY AT THE BAR OR TALK TO THIS GUY AT THE BAR," SOMETHING ALONG THAT --

119 Q:

WHAT WAS DETECTIVE LANGE DOING AT THIS POINT? WAS HE TIED UP DOING ANYTHING, IF YOU KNOW?

120 A:

HE WASN'T IN THE FOREFRONT OF THE KITCHEN; DETECTIVE VANNATTER WAS. I SAW HIM FIRST.

121 Q:

UH-HUH. NOW, YOU THEN WALKED OUT THE FRONT DOOR?

122 A:

YES.

123 Q:

YOU HAD NO DIRECTION FROM ANYONE TO DO THAT, DID YOU?

124 A:

NO, I DIDN'T.

125 Q:

THIS AGAIN WAS DETECTIVE FUHRMAN ON HIS OWN, WAS IT NOT?

KEY QUOTE
126 A:

YES.

127 Q:

YOU HAD AN IDEA THAT YOU WOULD LIKE TO CHECK OUT KATO'S CLAIM THAT SOME UNUSUAL NOISE HAD OCCURRED AT ABOUT A QUARTER OF 11:00 THAT NIGHT ON THE OUTSIDE OF THE WALL OF KATO KAELIN'S ROOM?

128 A:

THAT'S CORRECT.

129 Q:

ALL RIGHT. DID KATO TELL YOU, BY THE WAY, THAT O.J. HAD LEFT FOR THE AIRPORT IN THE LIMO HE HAD SEEN WHEN HE CAME OUT THAT NIGHT AFTER HEARING THE NOISE AT AROUND 11:00 P.M.

130 A:

NO.

131 Q:

DID YOU EVER ASK HIM WHAT A LIMO WAS DOING THERE AT 11:00 P.M.

132 A:

NO. I CUT HIS CONVERSATION OFF AND BROUGHT HIM INTO THE HOUSE.

133 Q:

AS A MATTER OF FACT, YOU ASKED HIM IF HE HAD HEARD ANYTHING UNUSUAL AND THEN YOU CUT HIM OFF AND SAID, "WHO DRIVES THAT BRONCO," DIDN'T YOU?

134 A:

I BELIEVE I DID.

135 Q:

WHY DID YOU CUT HIM OFF?

136 A:

I DON'T KNOW, SIR.

137 Q:

YOU INTERRUPTED AN ANSWER TO GET A DIFFERENT ANSWER? WAS THIS AN IMPORTANT QUESTION, WHO DRIVES THAT BRONCO?

138 A:

NO. HE ANSWERED THAT QUESTION.

139 Q:

HUM?

140 A:

HE ANSWERED THAT QUESTION.

141 Q:

I KNOW THAT. IN ORDER TO GET THAT ANSWER YOU CUT HIM OFF FROM ANSWERING THE PREVIOUS QUESTION WHICH WAS DID SOMETHING UNUSUAL HAPPEN TONIGHT OR ANYTHING UNUSUAL. DO YOU REMEMBER THAT?

142 A:

YES.

143 Q:

OKAY. WHY WAS WHO DRIVES THE BRONCO SO IMPORTANT AS TO INTERRUPT A WITNESS?

144 A:

I CAN'T GIVE YOU --

145 MS. CLARK:

OBJECTION. THAT MISSTATES THE TESTIMONY. IT IS THE OPPOSITE.

146 THE COURT:

OVERRULED.

147 MS. CLARK:

OBJECTION.

148 Q:

BY MR. BAILEY: ALL RIGHT. SO YOU ASKED NO QUESTIONS ABOUT HIM HAVING SEEN MR. SIMPSON THAT NIGHT OR AT ANY GIVEN TIME?

149 A:

NO. HE HAD BEEN PREVIOUSLY ASKED ABOUT IF HE KNEW MR. SIMPSON WAS IN THE HOUSE AND HE SAID HE DID NOT.

150 Q:

NO, BUT THEN HE TOLD YOU, DETECTIVE FUHRMAN, AS I UNDERSTAND IT, THAT HE HAD BEEN AWAKENED OR HAD HIS ATTENTION DRAWN, AS HE WAS TALKING ON THE PHONE TO SOMEONE, BY A STRANGE NOISE, PICTURE THAT SHUTTERED, SOMETHING YOU SAY SOUNDED LIKE CRASHING INTO A WALL AND THAT HE THEN WENT OUTSIDE AND SAW A LIMOUSINE THERE AT ABOUT ELEVEN O'CLOCK? ISN'T THAT WHAT HE TOLD YOU?

151 A:

SOMETHING TO THAT EFFECT, YES.

152 Q:

AND YOU DIDN'T ASK HIM WHY THE LIMOUSINE WAS THERE?

153 A:

NO.

154 Q:

AND YOU DIDN'T ASK HIM IF MR. SIMPSON HAD BEEN THE ONE USING THE LIMOUSINE?

155 A:

NO, I DIDN'T.

156 Q:

KATO KAELIN DIDN'T LOOK TO YOU LIKE A FELLOW WHO RODE AROUND IN LIMOUSINES, DID HE?

157 (NO AUDIBLE RESPONSE.)
158 Q:

DID HE?

159 A:

IN THIS AREA OF LOS ANGELES, I DON'T THINK COULD YOU SAY THAT.

160 Q:

DO YOU THINK MAYBE HE ORDERED THE LIMOUSINE AND SOMEHOW STAYED BEHIND; IS THAT IT?

161 A:

I HAD NO IDEA, SIR.

162 Q:

HE DIDN'T TELL YOU ANYTHING ABOUT USING IT, DID HE?

163 A:

THE LIMOUSINE?

164 Q:

YEAH.

165 A:

NO, HE DIDN'T.

166 Q:

NOW, WAS IT FOR THE PURPOSE OF DISCOVERING WHY THE LIMOUSINE WAS THERE THAT YOU ASKED VANNATTER TO TALK TO HIM?

167 A:

NO. I WANTED VANNATTER TO TALK TO KATO ABOUT EVERYTHING THAT HE SAW AND HEARD.

168 Q:

DETECTIVE FUHRMAN, WERE YOU NOT CONCERNED THAT ON THE PREMISES THERE MIGHT BE SUSPECTS THAT NIGHT, VIOLENT VICIOUS PEOPLE?

169 A:

I THINK I WAS LEANING MORE TOWARD ANOTHER VICTIM THAN I WAS A SUSPECT.

170 Q:

HAVE YOU NOT TESTIFIED THAT YOU WERE CONCERNED THAT THERE WERE SUSPECTS THERE THAT NIGHT?

171 A:

I SAID VICTIMS. I PREFACED IT WITH VICTIMS, POSSIBLY OF SUSPECTS --

172 Q:

HAD YOU NOT TESTIFIED THAT YOU WERE CONCERNED THAT THERE WERE SUSPECTS?

173 THE COURT:

WAIT, WAIT. MR. BAILEY, HE WAS STILL ANSWERING THE QUESTION.

174 MR. BAILEY:

I'M SORRY.

175 DET. MARK FUHRMAN:

I PREFACED THAT WITH MY FIRST CONCERN WAS VICTIMS, HOSTAGE, POSSIBLE SUSPECT, YES.

176 Q:

BY MR. BAILEY: WHAT DID YOU MEAN EARLIER TODAY WHEN YOU SAID I DIDN'T WANT MY BACK TURNED TO THE OTHER END OF THE ALLEY?

177 A:

ONCE I FOUND A GLOVE, THAT PIVOTED TOWARDS MORE SUSPECT THAN VICTIM.

178 Q:

NOW, DETECTIVE FUHRMAN, YOU WENT OUT THERE IN THE ALLEY WHERE YOU HAD NEVER BEEN BEFORE, DID YOU NOT?

179 A:

WHAT ALLEY, SIR?

180 Q:

ALONG THE CHAINLINK FENCE WHERE KATO SAID HE HEARD A NOISE?

181 (NO AUDIBLE RESPONSE.)
182 Q:

DID YOU NOT?

183 A:

YES, I WENT ON THAT PATHWAY.

184 Q:

YOU WALKED THERE BY YOURSELF, CORRECT?

185 A:

YES.

186 Q:

YOU WERE WEARING NO BULLET PROOF VEST, CORRECT?

187 A:

THAT'S CORRECT.

188 Q:

YOU HAD THREE DETECTIVES WHO WERE ARMED IN THE HOUSE AND DIDN'T TELL ANY OF THEM WHERE YOU WERE GOING, CORRECT?

189 A:

THAT'S CORRECT.

190 Q:

YOU DIDN'T ASK ANY OF THEM TO COME WITH YOU TO COVER FOR YOU, CORRECT?

191 A:

THAT'S CORRECT.

192 Q:

YOU HAD PREVIOUSLY STATED THERE WAS A POSSIBILITY THAT DANGEROUS PEOPLE WERE ON THE PREMISES, HAD YOU NOT?

193 A:

I NEVER USED THOSE WORDS.

194 Q:

WHEN YOU WENT BACK TO THE LOCATION WHERE KATO SAID HE HEARD THE NOISE, YOU WERE ABOUT 230 FEET FROM THE BRONCO, WEREN'T YOU?

195 A:

I DON'T KNOW THE DISTANCE, SIR.

196 Q:

YOU CAN WALK THAT IN A MINUTE, CAN'T YOU?

197 (NO AUDIBLE RESPONSE.)
198 Q:

235 FEET?

199 A:

YES, SIR.

200 Q:

CAN YOU WALK THAT IN A MINUTE?

201 A:

YES, SIR.

202 Q:

ALL RIGHT. DID YOU KNOW AT THAT TIME THERE WAS BLOOD IN THE BRONCO?

203 A:

NO.

204 Q:

HAVE YOU EVER TESTIFIED THAT THERE WAS BLOOD IN THE BRONCO?

205 A:

I'M NOT SURE IF WE TESTIFIED TO THAT IN THE PRELIM OR NOT.

206 Q:

DID YOU WIPE A GLOVE IN THE BRONCO, DETECTIVE FUHRMAN?

KEY QUOTE
207 A:

NO.

208 Q:

YOU DID NOT?

209 A:

NO.

210 Q:

WHEN YOU WENT OUT TO WHERE THE GLOVE WAS EVENTUALLY POINTED OUT TO THE OTHER DETECTIVES, HOW LONG DID YOU SPEND THERE BEFORE YOU WENT BACK TO TALK TO THEM?

211 A:

TEN, FIFTEEN MINUTES TOTALLY.

212 Q:

WHAT DID YOU DO FOR TEN TO FIFTEEN MINUTES ON THAT SCENE?

213 A:

LOOKED FOR A VICTIM OR A SUSPECT.

214 Q:

YOU LOOKED FOR A VICTIM OR SUSPECT?

215 A:

YES.

216 Q:

YOU DIDN'T DRAW YOUR GUN, CORRECT?

217 A:

I TOLD YOU I DON'T KNOW, SIR.

218 Q:

WELL, IF YOU HAD DRAWN YOUR WEAPON AND WERE AFRAID, YOU WOULD REMEMBER THAT, WOULDN'T YOU, DETECTIVE?

219 A:

SIR, AFTER TWENTY YEARS YOU DRAW THAT WEAPON UNCONSCIOUSLY --

220 Q:

DID YOU DRAW --

221 MS. CLARK:

OBJECTION, YOUR HONOR. CAN THE WITNESS BE ALLOWED TO FINISH HIS ANSWER?

222 MR. BAILEY:

I THOUGHT HE HAD.

223 Q:

DO YOU HAVE SOMETHING MORE TO ADD?

224 A:

YES, I DO, SIR.

225 Q:

OKAY. WHAT IS IT?

226 A:

AFTER TWENTY YEARS YOU DRAW THAT WEAPON, YOU LAY IT DOWN TO THE SIDE OF YOUR LEG, YOU WALK, YOU DON'T EVEN KNOW YOU ARE DOING IT.

KEY QUOTE
227 Q:

ALL RIGHT. DID YOU WALK BACK INTO AN AREA WHERE YOU KNEW NO ONE ELSE HAD BEEN BECAUSE THERE WERE COBWEBS THERE?

228 A:

NO. I TESTIFIED I DIDN'T KNOW IF ANYBODY HAD BEEN BACK THERE WALKING UPRIGHT. I DIDN'T KNOW IF SOMEBODY HAD CRAWLED.

229 Q:

ARE YOU NOW SAYING THERE ARE NO COBWEBS DOWN LOW?

230 A:

I DIDN'T GO DOWN LOW, SIR. I WAS UPRIGHT.

231 Q:

YOU ONLY FELT THEM IN YOUR FACE?

232 A:

YES.

233 Q:

YOU DON'T RECALL WHETHER YOU HAD YOUR WEAPON AT THE READY OR WHETHER IT WAS HOLSTERED AT SOME OTHER PLACE?

234 A:

IT WAS NOT AT THE READY.

235 Q:

YOU KNOW THAT YOU WERE NOT EQUIPPED WITH ANY PROTECTIVE GEAR, CORRECT?

236 A:

I WAS NOT.

237 Q:

NOW, IF THAT GLOVE HAD BEEN THERE WHERE YOU SAY YOU FOUND IT, IT WOULD HAVE BEEN PLACED THERE BY SOMEONE INVOLVED IN THE HOMICIDE; ISN'T THAT CONCLUSION COMPELLED?

238 A:

I WOULD ASSUME THAT, YES.

239 Q:

THAT WOULD BE A VICIOUS KILLER OF SOME SORT, WOULD IT NOT?

240 A:

YES.

241 Q:

AND YOU HUNG AROUND FOR FIFTEEN MINUTES WITH NO BACK-UP AND NO VEST DOING SOMETHING; IS THAT CORRECT?

242 A:

NO, IT ISN'T.

243 Q:

HAD ANYONE, TO YOUR KNOWLEDGE, SEEN THAT GLOVE THERE BEFORE YOUR ARRIVAL?

244 A:

NOT TO MY KNOWLEDGE.

245 Q:

ALL RIGHT. WOULD YOU THINK IT IMPORTANT THAT IF THE GLOVE WERE IN THAT LOCATION, THE LIKELIHOOD WAS THAT SOMEONE HAD PLACED IT THERE WHO HAD BEEN AT BUNDY?

246 A:

YES.

247 Q:

AND THAT SOMEONE, IF IT WERE A HUMAN BEING, WOULD HAVE TO HAVE GOTTEN TO THE SPOT OR NEAR IT AND GOTTEN AWAY, TRUE?

248 A:

YES.

249 Q:

DID YOU EXAMINE THE SHRUBBERY TO SEE IF ANYONE HAD COME OVER THAT FENCE THAT MIGHT HAVE CRASHED THE WALL OR DROPPED THE GLOVE?

250 A:

THAT WAS PART OF THE PERIOD THAT I SPENT BACK THERE LOOKING FOR THOSE TYPE OF ITEMS, YES.

251 Q:

DID YOU NOT SATISFY YOURSELF THAT THERE WAS NO DAMAGE TO TWIG OR LEAF THAT WOULD HAVE PERMITTED AN ADULT TO COME OVER THAT FENCE AT OR NEAR THAT SPOT?

252 A:

IT WAS PRETTY OVERGROWN. IT WOULD BE HARD TO TELL WHAT TRANSPIRED THERE.

253 Q:

DID IT NOT SEEM LIKELY THAT WHOEVER PLACED THAT GLOVE THERE, DETECTIVE PHILLIPS, HAD WALKED BACK OVER THE ALLEY OVER THE LEAVES?

254 THE COURT:

EXCUSE ME. DETECTIVE PHILLIPS OR DETECTIVE FUHRMAN?

255 Q:

BY MR. BAILEY: I'M SORRY, DETECTIVE FUHRMAN, OVER THE LEAVES?

256 A:

YES.

257 Q:

AND THEIR TRACKS MIGHT STILL HAVE BEEN THERE WHEN YOU MADE THAT DISCOVERY, CORRECT?

258 A:

I DIDN'T SEE ANYTHING, BUT THEY COULD HAVE BEEN.

259 Q:

AND YOU COULD HAVE TAKEN THE DETECTIVE ON THE OUTSIDE OF THE FENCE AND SHOWN THE FLASHLIGHT THROUGH IT TO POINT OUT THE GLOVE, IF YOU HAD CHOSEN, COULD YOU NOT?

260 A:

NO. I THINK THAT WOULD HAVE BEEN VERY DIFFICULT.

261 Q:

DID IT OCCUR TO YOU THAT THERE MIGHT BE FOOTPRINTS THERE IF IN FACT SOMEONE HAD PLACED THE GLOVE AND WALKED OUT THE ALLEY?

262 MS. CLARK:

OBJECTION. THAT ASSUMES FACTS NOT IN EVIDENCE, "PLACED THE GLOVE."

263 THE COURT:

SUSTAINED.

264 Q:

BY MR. BAILEY: DID YOU THINK THAT WHOEVER HAD DROPPED THAT GLOVE MIGHT HAVE LEFT FOOTPRINTS?

265 A:

I DID NOT SEE ANY EVIDENCE OF THAT, NO.

266 Q:

FOOTPRINTS THAT WERE LATENT, NOT DISCERNIBLE? DID YOU THINK THAT THERE MIGHT BE FOOTPRINTS THERE THAT A CRIMINALIST COULD FIND THAT MIGHT SHED LIGHT ON HOW THE GLOVE GOT THERE.

267 MS. CLARK:

SPECULATION, YOUR HONOR. OBJECTION.

268 THE COURT:

OVERRULED. DID YOU CONSIDER THAT?

269 DET. MARK FUHRMAN:

I'M SORRY, YOUR HONOR?

270 THE COURT:

DID YOU CONSIDER THAT?

271 DET. MARK FUHRMAN:

NOT AT THAT POINT, NO.

272 Q:

BY MR. BAILEY: YOU DID NOT?

273 A:

NO.

274 Q:

DID YOU THEN CAUSE EIGHTEEN PAIRS OF FEET TO TRAMPLE THAT AREA BEFORE ANY CRIMINALIST COULD GET TO IT?

KEY QUOTE
275 A:

EIGHTEEN PAIRS OF FEET?

276 Q:

EIGHTEEN PAIRS OF FEET. TWO FUHRMAN, FOUR FUHRMAN AND PHILLIPS, FOUR FUHRMAN AND VANNATTER, FOUR FUHRMAN AND LANGE AND FOUR FUHRMAN AND ROKAHR? DID YOU DO THAT?

277 A:

YES, SIR.

278 Q:

DETECTIVE FUHRMAN, CAN YOU TELL US WHY, WHEN YOU WERE TALKING WITH KATO KAELIN IN HIS ROOM, YOU ASKED HIM WHERE YOU COULD FIND THE KEYS TO THE BRONCO?

279 A:

I NEVER ASKED HIM THAT.

KEY QUOTE
280 Q:

YOU ARE QUITE SURE?

281 A:

I'M ABSOLUTELY SURE.

KEY QUOTE
282 MR. BAILEY:

THANK YOU. THREE O'CLOCK, YOUR HONOR.

Temperature

tense

Key Quotes (5)

F. Lee Bailey
DID YOU WIPE A GLOVE IN THE BRONCO, DETECTIVE FUHRMAN?
The most explosive moment of the examination — a direct accusation of evidence planting, delivered without preamble after a long methodical setup.
Mark Fuhrman
AFTER TWENTY YEARS YOU DRAW THAT WEAPON, YOU LAY IT DOWN TO THE SIDE OF YOUR LEG, YOU WALK, YOU DON'T EVEN KNOW YOU ARE DOING IT.
Fuhrman's attempt to explain why he couldn't say whether he drew his weapon — inadvertently underscores how much of his solo walk remains murky and unverifiable.
F. Lee Bailey
DID YOU THEN CAUSE EIGHTEEN PAIRS OF FEET TO TRAMPLE THAT AREA BEFORE ANY CRIMINALIST COULD GET TO IT?
Bailey's calculation — counting each pass Fuhrman and another detective made through the area — frames the scene contamination as deliberate or reckless and devastating to chain of custody.
F. Lee Bailey
THIS AGAIN WAS DETECTIVE FUHRMAN ON HIS OWN, WAS IT NOT?
A recurring rhetorical frame Bailey uses to establish that Fuhrman repeatedly acted alone, without direction or witnesses, at each critical juncture of the night.
Mark Fuhrman
I NEVER ASKED HIM THAT. I'M ABSOLUTELY SURE.
Fuhrman's emphatic denial that he asked Kato Kaelin for the Bronco keys — the final exchange, setting up a future contradiction with Kaelin's account.

Evidence (3)

Informal
The glove found behind Kato Kaelin's bungalow
challenged — Bailey questions how Fuhrman found it alone, what he did for 10-15 minutes, and whether it was placed there
Informal
The Bronco parked at Rockingham
challenged — Bailey asks whether Fuhrman wiped a glove in the Bronco and whether he sought Bronco keys from Kaelin
Informal
Limousine seen by Kato Kaelin at approximately 11:00 PM
discussed — Bailey highlights that Fuhrman never asked Kaelin why the limo was there or whether Simpson had used it

Notable Exchanges (4)

F. Lee BaileyMark Fuhrman
Bailey walks Fuhrman through going alone, without backup or a vest, into an area he himself had flagged as potentially containing dangerous suspects, spending 10-15 minutes unobserved before returning to show others the glove.
strategic
F. Lee BaileyMark Fuhrman
Bailey asks directly, 'Did you wipe a glove in the Bronco?' Fuhrman denies it twice. Bailey moves on without pressing further — the question itself is the point.
devastating
F. Lee BaileyMark Fuhrman
Bailey reconstructs the 18 pairs of feet contaminating the glove area — counting each trip Fuhrman made with a different detective to view the scene — and Fuhrman confirms it.
revealing
F. Lee BaileyMark Fuhrman
Bailey challenges Fuhrman for cutting off Kato mid-answer about the strange noise to ask 'Who drives that Bronco?' — implying Fuhrman was steering the witness rather than gathering facts.
strategic

Light Moments (2)

F. Lee Bailey
Bailey asks whether Kato Kaelin 'looked like a fellow who rode around in limousines' — Fuhrman hedges that in that part of L.A. you couldn't assume. Bailey follows up: 'Do you think maybe he ordered the limousine and somehow stayed behind; is that it?'
Lance A. Ito
Judge Ito interrupts to correct Bailey, who accidentally asked whether 'Detective Phillips' (instead of Fuhrman) had walked over the leaves to place the glove.

Credibility Attacks (4)

⚔ Mark Fuhrman
conduct impeachment — solo, unobserved action at critical evidence location
Bailey establishes that Fuhrman went alone, without backup or a vest, to the area where the glove was found, spent 10-15 minutes there unobserved, and never called for a criminalist before trampling the scene with multiple passes.
⚔ Mark Fuhrman
direct accusation of evidence planting
Bailey asks point-blank whether Fuhrman wiped a glove in the Bronco and whether he asked Kato for the Bronco keys — both denied, but the questions plant the suggestion of manufactured evidence.
⚔ Mark Fuhrman
inconsistency / evasion
Fuhrman cannot say whether he drew his weapon during his solo walk, attributing it to 20 years of unconscious habit — Bailey uses this to underscore how little of that critical period can be verified.
⚔ Mark Fuhrman
omission / failure to investigate
Bailey highlights that Fuhrman never asked Kaelin about the limousine, never pursued what it meant that OJ had left for the airport, and cut off Kaelin's answer about the noise to ask about the Bronco instead.

Witness Demeanor

(NO AUDIBLE RESPONSE) — twice, when Bailey asks pointed questions Fuhrman pauses before answering
Fuhrman gives a practiced, somewhat defiant speech about 20-year veterans drawing weapons unconsciously after being cut off

Objections

5 objections (2 sustained, 2 overruled)
Proceeding 5271 • 282 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 MAR 13, 1995 📄 Cross-examination of Mark Fuhr
MAR 13, 1995 KRT DvH TD