Judge wins fight to keep on case

OJ Simpson trial: prosecution backs down after questioning impartially of Ito towards key police witness

MICHAEL FLEEMAN

Associated Press

Los Angeles - Prosecutors in the O J Simpson trial yesterday decided against seeking the removal of Judge Lance Ito, a day after the trial threatened to collapse into chaos.

At issue was whether Judge Ito could rule impartially on matters related to Detective Mark Fuhrman, a controversial prosecution witness, after learning he had made disparaging remarks about the judge's police-officer wife, Captain Margaret York, in taped interviews. Deputy District Attorney Marcia Clark had asked Judge Ito to disqualify himself from the trial of the former American-football hero, saying he could not be impartial. But yesterday she drew back.

She said she believed Judge Ito should decide all matters involved in the case, including the admissibility of tapes of the interviews. On Tuesday, an emotional Judge Ito removed himself from the narrow issue of whether the tapes should be admitted.

The detective is said to use racial slurs on the tapes, and to speak of framing suspects . The defence claim Mr Fuhrman perjured himself earlier this year by saying he had not referred to blacks as "niggers" in the past 10 years. Court transcripts revealed that on the tapes, Mr Fuhrman describes police brutality, calls Mr Simpson's lawyer Robert Shapiro a "Jew" and predicts the prosecution is doomed without him. Exactly what he said about Judge Ito's wife was unclear, but it clearly upset the judge.

Still, the content of the tapes was in dispute. A lawyer for their owner, a North Carolina scriptwriter, said Mr Simpson's attorney Johnnie Cochran had mischaracterised them.

The defence alleges that Mr Fuhrman was part of a police conspiracy to frame Mr Simpson for the June 1994 knife murders of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. Mr Simpson has pleaded not guilty.

Another Simpson attorney, Gerald Uelmen, said the defence believed an outside judge, already appointed, should decide if Capt York, who was once Mr Fuhrman's superior officer, is a material witness in the case. Then, he said, Judge Ito can decide if jurors should hear the tapes. Judge Ito agreed to read the Fuhrman tape transcripts - with all references to Capt York edited out - and determine if the tapes should be played for the jury. The separate issue of whether his wife is a relevant witness in the case will be decided by another judge.

Mr Fuhrman was the prosecution's star witness at the preliminary hearing, recounting how he found a bloody glove on Mr Simpson's estate hours after the murders. It matched one found at the scene of the killing.

News
A 1930 image of the Karl Albrecht Spiritousen and Lebensmittel shop, Essen. The shop was opened by Karl and Theo Albrecht’s mother; the brothers later founded Aldi
people
Arts and Entertainment
Standing the test of time: Michael J Fox and Christopher Lloyd in 'Back to the Future'
filmA cult movie event aims to immerse audiences of 80,000 in ‘Back to the Future’. But has it lost its magic?
Arts and Entertainment
Flora Spencer-Longhurst as Lavinia, William Houston as Titus Andronicus and Dyfan Dwyfor as Lucius
theatreThe Shakespeare play that proved too much for more than 100 people
News
exclusivePunk icon Viv Albertine on Sid Vicious, complacent white men, and why free love led to rape
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Arts and Entertainment
Stir crazy: Noel Fielding in 'Luxury Comedy 2: Tales from Painted Hawaii'
comedyAs ‘Luxury Comedy’ returns, Noel Fielding on why mainstream success scares him and what the future holds for 'The Boosh'
Life and Style
Flow chart: Karl Landsteiner discovered blood types in 1900, yet scientists have still not come up with an explanation for their existence
lifeAll of us have one. Yet even now, it’s a matter of debate what they’re for
Arts and Entertainment
'Weird Al' Yankovic, or Alfred Matthew, at the 2014 Los Angeles Film Festival Screening of
musicHis latest video is an ode to good grammar. But what do our experts think he’s missed out?
Sport
New Real Madrid signing James Rodríguez with club president Florentino Perez
sportColombian World Cup star completes £63m move to Spain
Travel
Hotel Tour d’Auvergne in Paris launches pay-what-you-want
travelIt seems fraught with financial risk, but the policy has its benefits
Arts and Entertainment
booksThe best children's books for this summer
Life and Style
News to me: family events were recorded in the personal columns
techFamily events used to be marked in the personal columns. But now Facebook has usurped that
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Sustainability Manager

Competitive: The Green Recruitment Company: Job Title: Scheme Manager (BREEAM)...

Graduate Sustainability Professional

Flexible, depending on experience: The Green Recruitment Company: Job Title: T...

Programme Director - Conduct Risk - London

£850 - £950 per day: Orgtel: Programme Director - Conduct Risk - Banking - £85...

Project Coordinator/Order Entry, SC Clear

£100 - £110 per day: Orgtel: Project Coordinator/Order Entry Hampshire

Day In a Page

Noel Fielding's 'Luxury Comedy': A land of the outright bizarre

Noel Fielding's 'Luxury Comedy'

A land of the outright bizarre
What are the worst 'Word Crimes'?

What are the worst 'Word Crimes'?

‘Weird Al’ Yankovic's latest video is an ode to good grammar. But what do The Independent’s experts think he’s missed out?
Can Secret Cinema sell 80,000 'Back to the Future' tickets?

The worst kept secret in cinema

A cult movie event aims to immerse audiences of 80,000 in ‘Back to the Future’. But has it lost its magic?
Facebook: The new hatched, matched and dispatched

The new hatched, matched and dispatched

Family events used to be marked in the personal columns. But now Facebook has usurped the ‘Births, Deaths and Marriages’ announcements
Why do we have blood types?

Are you my type?

All of us have one but probably never wondered why. Yet even now, a century after blood types were discovered, it’s a matter of debate what they’re for
Honesty box hotels: You decide how much you pay

Honesty box hotels

Five hotels in Paris now allow guests to pay only what they think their stay was worth. It seems fraught with financial risk, but the honesty policy has its benefit
Commonwealth Games 2014: Why weight of pressure rests easy on Michael Jamieson’s shoulders

Michael Jamieson: Why weight of pressure rests easy on his shoulders

The Scottish swimmer is ready for ‘the biggest race of my life’ at the Commonwealth Games
Some are reformed drug addicts. Some are single mums. All are on benefits. But now these so-called 'scroungers’ are fighting back

The 'scroungers’ fight back

The welfare claimants battling to alter stereotypes
Amazing video shows Nasa 'flame extinguishment experiment' in action

Fireballs in space

Amazing video shows Nasa's 'flame extinguishment experiment' in action
A Bible for billionaires

A Bible for billionaires

Find out why America's richest men are reading John Brookes
Paranoid parenting is on the rise - and our children are suffering because of it

Paranoid parenting is on the rise

And our children are suffering because of it
For sale: Island where the Magna Carta was sealed

Magna Carta Island goes on sale

Yours for a cool £4m
Phone hacking scandal special report: The slide into crime at the 'News of the World'

The hacker's tale: the slide into crime at the 'News of the World'

Glenn Mulcaire was jailed for six months for intercepting phone messages. James Hanning tells his story in a new book. This is an extract
We flinch, but there are degrees of paedophilia

We flinch, but there are degrees of paedophilia

Child abusers are not all the same, yet the idea of treating them differently in relation to the severity of their crimes has somehow become controversial
The truth about conspiracy theories is that some require considering

The truth about conspiracy theories is that some require considering

For instance, did Isis kill the Israeli teenagers to trigger a war, asks Patrick Cockburn