Direct examination of Mark Fuhrman

📄 Direct examination of Mark Fuhrman — Wednesday, September 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\6\DIRECT-EXAMINATION-OF-MARK-FUH.DOC

TRIAL

▲ Day 148 of 167

◀ Brady motion discussion Sidebar: Fuhrman travel ▶

Witness: Det. Mark Fuhrman
Examiner: Gerald Uelmen
Called by: Defense • Date: Wednesday, September 6, 1995 • Utterances: 41

Defense attorney Gerald Uelmen recalled Detective Mark Fuhrman under a 402 hearing and asked him three pointed questions: whether his preliminary hearing testimony was truthful, whether he had ever falsified a police report, and — most devastatingly — whether he planted or manufactured evidence. Fuhrman invoked the Fifth Amendment in response to all three questions. The entire substantive examination lasted less than five minutes.

# 1 THE COURT:

All right. Mr. Uelmen, I take it at this point then, you wish to recall Detective Fuhrman.

# 2 MR. UELMEN:

Yes, your Honor.

# 3 THE COURT:

All right. And so that the record is clear, my recollection is that Detective Fuhrman, who is now present in court with counsel, Mr. Mounger, my recollection is that Detective Fuhrman was excused, but not released and was subject to recall. Is that your recollection?

# 4 MR. UELMEN:

That is correct. Your Honor.

# 5 THE COURT:

All right.

# 6 MR. UELMEN:

He was not excused.

# 7 THE COURT:

Well, let me rephrase that. Subject to recall. Excused for the day, subject to recall, not terminated as a witness before the court.

# 8 MR. UELMEN:

That's correct.

# 9 THE COURT:

All right. And, Mr. Mounger, if you wish to stand next to your client, you may.

# 10 MR. MOUNGER:

Thank you.

# 11 THE COURT:

All right. Detective Fuhrman, would you resume the witness stand, please.

Mark Fuhrman (402), recalled as a witness by the Defendant, pursuant to evidence code section 402, having been previously sworn, testified further as follows:

# 12 THE COURT:

All right. Good afternoon, detective.

# 13 DET. FUHRMAN:

Good afternoon, your Honor.

# 14 THE COURT:

You are reminded, sir, that you are still under oath. Mr. Uelmen, you may proceed.

DIRECT EXAMINATION BY MR. UELMEN

# 15 MR. UELMEN:

Detective Fuhrman, was the testimony that you gave at the preliminary hearing in this case completely truthful?

# 16 DET. FUHRMAN:

I wish to assert my 5th amendment privilege.

KEY QUOTE

# 17 MR. UELMEN:

Have you ever falsified a police report?

# 18 DET. FUHRMAN:

I wish to assert my 5th amendment privilege.

KEY QUOTE

# 19 MR. UELMEN:

Is it your intention to assert your 5th amendment privilege with respect to all questions that I ask you?

# 20 DET. FUHRMAN:

Yes.

# 21 MR. UELMEN:

Can I have a moment?

# 22 THE COURT:

Certainly.

# 23 (Discussion held off the record between Defense counsel.)

# 24 MR. MOUNGER:

Your Honor, further questions don't serve any purpose since my client has already answered that he will not answer any question and will assert his 5th amendment privilege. Anything further can only be a show.

# 25 MR. UELMEN:

I only have one other question, your Honor.

# 26 THE COURT:

What was that, Mr. Uelmen?

# 27 MR. UELMEN:

Detective Fuhrman, did you plant or manufacture any evidence in this case?

KEY QUOTE

# 28 DET. FUHRMAN:

I assert my 5th amendment privilege.

# 29 THE COURT:

All right. Based upon the witness' answers, the representation by his counsel, Mr. Mounger--

# 30 MS. CLARK:

Your Honor, the People make an objection to the last question and ask the court to strike it as being improper and does nothing but headline.

KEY QUOTE

# 31 THE COURT:

Overruled. The answer will stand. All right. Miss Clark, do you have any questions of this witness?

# 32 MS. CLARK:

No questions.

# 33 THE COURT:

All right. Then, given the assertion of the 5th amendment privilege, we will not conduct any further inquiry as to Detective Fuhrman. And--but, however, detective, I am going to release you from further attendance this afternoon. However, you are still subject to recall. All right. Thank you, sir.

# 34 DET. FUHRMAN:

Thank you, your Honor.

# 35 MS. CLARK:

Your Honor, may I ask the--if the Defense intends to recall Detective Fuhrman for the purpose of having him assert the 5th again, I suggest we do it now. Why have him come back for that purpose? They're not permitted to do it in front of the jury.

# 36 THE COURT:

No. Counsel, I just want to make sure we preserve the jurisdiction of the court in case there are any other issues that come up.

# 37 MS. CLARK:

I understand that. But what I'm saying is, will this assertion suffice for the trial testimony as well? I can see no purpose being served other than a further waste of time to have Detective Fuhrman recalled to reassert the 5th amendment privilege again, and I'm asking that if counsel intends to do so, that we allow that record to be made at this time.

# 38 THE COURT:

That record's been made at this point.

# 39 MS. CLARK:

For the purpose of trial testimony?

# 40 THE COURT:

Based upon the representations of counsel that he's not going to answer any further questions regarding this case.

# 41 MR. MOUNGER:

Your Honor, since he lives without the state, is he free to travel home?

Temperature

devastating

Key Quotes (4)

Gerald Uelmen

Detective Fuhrman, did you plant or manufacture any evidence in this case?

The single most damaging question of the trial — Fuhrman's Fifth Amendment refusal to answer allowed the defense to argue to the jury that he could not deny it.

Det. Mark Fuhrman

I wish to assert my 5th amendment privilege.

Fuhrman's repeated invocation — to questions about truthfulness, falsifying reports, and planting evidence — effectively destroyed his credibility as the prosecution's key witness who found the glove.

Mr. Mounger

Anything further can only be a show.

Fuhrman's own attorney acknowledged that continuing the examination would only amplify the damage — the defense had already extracted everything it needed.

Marcia Clark

The People make an objection to the last question and ask the court to strike it as being improper and does nothing but headline.

Clark's objection reveals prosecution anxiety about the theatrical and media impact of Fuhrman refusing to deny planting evidence — the objection was overruled.

Notable Exchanges (3)

Gerald Uelmen•Det. Mark Fuhrman

Uelmen asked three short, surgical questions — truthfulness, falsifying reports, planting evidence — each met with a Fifth Amendment invocation. The brevity was deliberate; the defense needed nothing more.

strategic

Marcia Clark•Lance A. Ito

Clark objected to the planting-evidence question and argued it was purely for headlines; Ito overruled and let the answer stand. Clark then pushed to consolidate any future Fifth Amendment assertions into this record to avoid further courtroom theater.

damage-control

Mr. Mounger•Gerald Uelmen

Fuhrman's defense counsel tried to cut off further questioning after Fuhrman confirmed he would assert the Fifth on all questions; Uelmen said he had just one more — then asked about planting evidence.

strategic

Credibility Attacks (1)

⚔ Det. Mark Fuhrman

Fifth Amendment inference

By asking Fuhrman whether his prior testimony was truthful and whether he planted evidence — questions he refused to answer — the defense created an indelible record that could be used to argue Fuhrman could not deny wrongdoing under oath.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7528 • 41 utterances • Defense witness

Criminal Trial

Department 103