Simpson Won’t Take The Stand Defense Team Cites Trial Length, Lack Of Necessity After Fuhrman

O.J. Simpson decided not to testify in his own defense after his lawyers told him it would prolong his trial and wasn’t necessary to answer a prosecution case “in shambles,” one of his lawyers said Thursday.

The confirmation that Simpson would not tell his story to jurors came from F. Lee Bailey after lead attorney Johnnie Cochran Jr. argued unsuccessfully to have former Detective Mark Fuhrman be the final defense witness.

Judge Lance Ito rejected the defense’s attempt to recall Fuhrman and force him to invoke his Fifth Amendment right to remain silent in front of the jury.

On Wednesday outside the jury’s presence, Fuhrman invoked that right when the defense asked him questions, including whether he planted evidence against Simpson.

Ito said he would tell the jury that Fuhrman became “unavailable,” although he will not tell them why. The judge also said he would tell the jury they can consider Fuhrman’s unavailability a factor in evaluating his credibility.

Prosecutor Marcia Clark opposed the instruction, but Ito snapped back, “Counsel, I’ve ruled. That’s a final ruling.” Later, Ito granted the prosecution until noon today to appeal.

Bailey said Simpson’s legal team advised the celebrity defendant not to testify in light of Fuhrman’s taperecorded statements about racism and police wrongdoing.

“I didn’t see what was left to be gained, when you have the chief witness, a law enforcement officer, refusing to testify because he might incriminate himself,” Bailey said.

Defense attorney Robert Shapiro said later: “O.J. has always wanted to testify in this case. He realizes like all of us that this jury is weary and his testimony would prolong the case two to three weeks, and he’s more anxious than any of us to get a verdict in this case.”