The court has reviewed the Defense Offer of Proof Re: "Fuhrman Tapes" along with 12 audio cassette tapes and transcripts labeled Tape 1- Tape 12. The defense seeks to offer as evidence before the jury 30 incidents where Fuhrman uses a particular racial epithet and 18 examples of misconduct.
2. The second example at page 9 of the defense proffer: "If I'm wrestling with some-- nigger, and he gets me on my back, and he gets his hands on my gun, it's over." The proffer cites to "p.12." The court's examination of page 12 of each tape transcripts does not reveal the quoted statement.
3. The third example at page 9 of the defense proffer: "She was afraid. He was a big nigger, and she was afraid." The proffer cites to "p.20." The court's examination of page 20 of each of the 12 tape transcripts does not reveal the quoted statement.
4. The fourth example at page 9 of the defense proffer: "He was a nigger. He didn't belong. Two questions. And you're going: Where do you live? 22nd and Western. Where were you going? Well, I'm going to Fatburger. Where's Fatburger? He didn't know where Fatburger was? Get in the car" The proffer cites to "p.33." The court's search of each of the submitted transcripts does not reveal the quoted passage.
5. The fifth example at pages 9 and 10 of the defense proffer: "Commander Hickman, what a dickhead. He should be shot. He did that for one thing. He wants to be chief, so he wants the city council, and the police commissioner, and all these niggers in LA City government and all of 'em should be lined up against a wall and fuckin' shot." The proffer cites to "p.41." Only the transcript for tape 6 has 41 or more pages. Page 41 does not reveal the quoted passage.
From the court's examination of the first five examples proffered by the defense, it appears that further examination and comparison would prove less than fruitful.
2. The second incident proffer at page 18 begins with: "Well, I'm sure he will have, because if he's got that attitude, he's probably gotten several tickets from policemen, and he hasn't taken care of them." The proffer cites to "p.23." The court's examination of each of the 12 transcripts at page 23 does not reveal the quoted passage.
3. The third incident proffer at page 18 begins with: "So if that's considered falsifying a report..." The proffer cites to "p.25." The court's examination of each of the 12 transcripts at page 25 does not reveal the quoted passage.
4. The fourth incident proffer at page 19 begins with: "Where would this country be if every time a sheriff went out with a posse to find somebody who just robbed and killed a bunch of people, he stopped and talked to them first." The proffer cites to "p.25." The court's examination of each of the 12 transcripts does not reveal the quoted passage.
5. The fifth incident proffer at page 19 begins with: "And I don't want them to think that I'm a coward." The proffer cites to "p.25." The court's examination of each of the 12 transcripts does not reveal the quoted passage.
From the court's examination of the first five examples of incidents of misconduct proffered by the defense, it appears that further examination and comparison would prove less than fruitful.
The clerk of the court is directed to immediately serve a copy of this order upon counsel for the parties by facsimile and upon their next appearance in court.
IT IS SO ORDERED.