Iago (August) Discussion

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Re: Mark Day, the Westec guy

From: Jasper
Date: 8/4/03
Time: 2:08:12 PM
Remote Name: 68.73.198.214

Comments

Charlie,

O.J.’s criminal defense team was outstanding in some respects and lousy in others. You would think that they did everything they could to get the facts on the ’84 incident, the ’89 incident and Fuhrman’s alibi for the night of the 12th. They didn’t. They collected only as much information as they needed to cast doubt on the prosecution’s case.

O.J.’s defenders were content to accept what the prosecution chose to use for spouse abuse evidence because the prosecution’s spouse abuse case was weak Therefore the defense team didn’t bother to determine whether Fuhrman’s fuzzy ’85 date for the baseball bat incident was correct. They even referred to it as the ’85 incident, which is why I referred to it as the ’85 incident in Iago. I don’t think that the prosecution wanted to use the baseball bat incident at all because of Fuhrman’s involvement in it. The fact that Fuhrman’s letter about it was the only reason the ’89 incident went as far as it did left them no choice.

Mark Day’s name came up because the defense claimed that Fuhrman was the only witness to the “‘85” incident and Marcia angrily told Judge Ito that Day was also a witness and the prosecution had turned over to the defense Day’s sworn statement about it to Vannatter and Assistant DA Thompson.

No one called Day to the witness stand prior to 1996 so he didn’t technically change his “testimony” in the civil trial. There he gave testimony that differed significantly from the sworn statement he made to Vannatter and Thompson on November 8, 1994.

I can appreciate Miss Marple’s doubts about Fuhrman being their in ’84 because there was no official statement from his partner or the other Westec officer. I came down on the side of Fuhrman’s partner and the other Westec officer being there mainly because of what O.J. said about the cop who “just showed up.”

I am not as confident about Fuhrman’s partner being there as I would like to be because I seem to recall that Fuhrman was working alone on foot patrol in Westwood in ’84 and ’85. He could have occasionally teamed up with someone in a patrol car during that time, and Day might have mentioned another cop with Fuhrman in his sworn statement. But I don’t have his full statement so now I have to wonder. –Jasper


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