8A
Thursday, September 1, 1994
UNIVERSITY DAILY KANSAN
Simpson defense suffers blow
Investigator's files won't be opened
The Associated Press
LOS ANGELES — O.J. Simpson's challenge to the credibility of a key investigator suffered another setback yesterday when a judge denied a defense request to search the detective's personnel file for signs of racism.
"I did not find any reports, incident reports, any information that was pertinent to the issues in this case," Superior Court Judge Lance it said.
The ruling, along with a previous one denying the defense access to the Detective Mark Fuhman's military records, limits defense efforts to interrace into the case.
In another hearing, too heard arguments about his proposed gag order that would prohibit attorneys and investigators involved in the case from talking to the media.
Prosecutors said they would propose full sequestration of the jury in spite of the judge's fear that "we'll succeed in scaring off the entire jury panel."
It also asked Simpson whether he'd waive his right to a speedy trial — within 60 days of arraignment — to provide more time for pretrial hearings. Simpson agreed, and the judge pushed back the start of jury selection a week to Sept. 26 from Sept. 19.
Simpson, 47, has pleaded innocent to the June 12 murders of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman.
Although the district attorney's office had said it would announce by the end of August whether it would seek the death penalty against Simpson, Deputy District Attorney William Hodgman told the judge no decision had been made.
It urged him to state a position soon since the question would be important in jury selection.
As the hearing got under way, lito squelched a defense effort to pore through police personnel records of Fuhrman, who is Caucasian, in search of evidence that the officer could have planted evidence to incriminate Simpson, who is Black.
Fuhman testified at a preliminary hearing that he found a bloody glove behind Simpson's estate that matched one at the murder scene.
Ito said he examined the personnel records of Fuhrman and another detective, Philip Vannatter, and "found no relevant reports, complaints or other information pertinent
to the issues in this case."
The ruling does not prohibit the defense from challenging Fuhman with evidence already in its possession.
Robert Pugley, a professor at Southwestern University Law School, said the defense may have already accomplished some of its goal of discrediting Fuhrman in motions and in press leaks.
"That's part of the reason it was considering a gag order. The lawyers are accomplishing out of court what they can't accomplish in court," he said.
The defense already has unearthed a number of public records in which Fuhrman expresses dislike for minorities.
Fuhrman's attorney, Robert Tourtelot, called the ruling a validation of the privacy rights of his client and police officers everywhere.
Meanwhile, media attorney Kelli Sager and ACLU volunteer attorney Douglas Mirell argued vigorously against the proposed gag order and record sealing in the case.
"You simply will remove the press' ability to verify or accurately report on things that are being heard by the court," Sager said in opposing Its' order to seal all documents until they are discussed in court.
IRA agrees to peace in Ireland
Continued from Page 1A.
working relationship with Adams, also urged Britain to act on the IRA's gesture. He said concerns about whether the cease-fire was permanent was nit-picking.
But Major said the British government could not enter into negotiations under the threat that the IRA could return to violence.
When asked about the cease-fire, Adams would not use the term "permanent."
Protestants were skeptical the IRA would lay down its arms without achieving its goal of uniting Ireland. In its statement, the IRA reaffirmed its commitment "to our republican objectives," but made no explicit mention of unification.
A statement yesterday from the Combined Loyalist Military Command, an umbrella group that includes the outlawed Ulster Freedom Fighters and the Ulster Volunteer Force, questioned the reasons for the IRA move. "Is our constitution being tampered with or is it not? What deals have been done?"
British and Irish officials said again that no concessions were offered to the IRA in return for a cease-fire.
"There is no secret deal," Reynolds said. "There is no under-the-table deal. It is a beginning."
The IRA last called an extended truce in 1975. It lasted nine months, then negotiations with British officials broke down in mutual recriminations.
The Rev. Ian Paisley, who in the past
has rallied Protestant opposition to compromise, jumped on the IRA's failure to promise a permanent ceasefire.
"Can you show me one word that says that they have renounced (violence), that they have had a change of heart, that they are sorry for what they have done, that the are deeply and bitterly sorry for the mayhem they have caused?" Paisley said.
At the rally in West Belfast, Adams, the Sinn Fein leader, repeated demands for an early meeting between Sinn Fein and British officials and the end of Britain's broadcasting ban on Sinn Fein-IRA supporters. He also urged "demilitarization"
— Sinn Fein parlance for gradual withdrawal of army and police patrols from Catholic areas.
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