Death and Justice
Encyclopedia
Mark Fuhrman
's fourth book, Death and Justice: An expose of Oklahoma's death row machine, was published in 2003 by Harper Collins (ISBN 0-06-000917-9). Fuhrman is a retired LAPD
detective most notoriously known for his role in the OJ Simpson murder trial. Subsequent to that trial Fuhrman was convicted of perjury
and is now barred from serving on the police force in most cities. Since then, he has also published Murder in Brentwood, Murder in Greenwich, and Murder in Spokane. In those books, Fuhrman tells the stories of horrific homicide
s and applauds the heroic efforts of law enforcement
in solving those cases. That is not the case in Death & Justice.
In this book Fuhrman investigates the Oklahoma County's
criminal justice system by interviewing major players, including forensic chemist
Joyce Gilchrist
and legendary district attorney
Bob Macy, reviewing case files and trial transcripts, and examining police records, and concludes that "catastrophic errors occur in many death penalty cases" (Fuhrman, 2003, page 245). Fuhrman uncovers a plethora of errors, misconduct
, and general disregard for life and innocence in Oklahoma County. Despite his history as a strict "law and order" type cop who used to be a fervent supporter of capital punishment
, his book details his arguments for why death row in Oklahoma is problematic and needs to be revamped. He focuses particularly on the behavior and unwavering punitiveness of Macy and his "Black Wizard" star of a forensic chemist, Gilchrist. In his investigation into Oklahoma's death penalty machine, Fuhrman documents systematic errors in capital cases, most notably behavior that borders on prosecutorial misconduct
(including Macy suborning perjury, inflaming the jury's prejudice
s, overzealous personal confidence in witnesses and evidence, and withholding evidence
), and forensic testimony by Gilchrist that was later discovered to be untruthful, impossible, prejudicial and misleading. Fuhrman notes how the pressure to convict obscured the prosecutor's duty towards justice
over conviction; in Oklahoma County, once a case was determined to be a capital case, anything less than an execution was considered failure.
Fuhrman talks not only about the prosecutorial team hiding evidence that could have proved the innocence of defendants, but also about the unwillingness of officials to accept the factual innocence of individuals exonerated
and released from OK's death row. Fuhrman puts most of the blame for the problems in Oklahoma on Bob Macy and Joyce Gilchrist. He concludes that many of the prosecutor
s in OK were incompetent, and were also maliciously and intentionally covering up mistakes, hiding and planting evidence, and ignoring contradictory evidence, but that Macy in particular was a force to be reckoned with, giving "fire and brimstone" closing argument
s and often breaking into tears during trial (page 29). Fuhrman argues that it is Macy's legacy within the prosecutors office in Oklahoma County that has caused the rash of wrongful convictions in OK. In particular, Macy's "frontier justice" and win at all costs mentality have permeated the prosecutorial system and have led to a system that tolerates misconduct and perjury. He concludes that in counties like Los Angeles (CA
) and Arlington
(VA) the death row machine and the criminal justice system works, but that in Southern counties like Oklahoma County or Harris County
(TX) the racism
and prejudicial attitudes and the desire for revenge cause the system to falter. In order to fix the system in the South, Fuhrman suggests that executions be made public and that jurors no longer have to be "death qualified" (that is, they can be opposed to the death penalty and also sit on a jury in a capital case).
Mark Fuhrman
Mark Fuhrman is a former detective of the Los Angeles Police Department , known for his part in the investigation of the murders of Nicole Brown Simpson and Ronald Goldman and his subsequent felony conviction for perjury...
's fourth book, Death and Justice: An expose of Oklahoma's death row machine, was published in 2003 by Harper Collins (ISBN 0-06-000917-9). Fuhrman is a retired LAPD
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
detective most notoriously known for his role in the OJ Simpson murder trial. Subsequent to that trial Fuhrman was convicted of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
and is now barred from serving on the police force in most cities. Since then, he has also published Murder in Brentwood, Murder in Greenwich, and Murder in Spokane. In those books, Fuhrman tells the stories of horrific homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
s and applauds the heroic efforts of law enforcement
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
in solving those cases. That is not the case in Death & Justice.
In this book Fuhrman investigates the Oklahoma County's
Oklahoma County, Oklahoma
Oklahoma County is a county located in the central partof the U.S. state of Oklahoma. The population was 718,633 at the 2010 census. The county seat and principal city is Oklahoma City...
criminal justice system by interviewing major players, including forensic chemist
Forensic chemistry
Forensic chemistry is the application of chemistry to law enforcement or the failure of products or processes. Many different analytical methods may be used to reveal what chemical changes occurred during an incident, and so help reconstruct the sequence of events...
Joyce Gilchrist
Joyce Gilchrist
Joyce Gilchrist is a former forensic chemist who had participated in over 3,000 criminal cases in 21 years while working for the Oklahoma City police department, and who was accused of falsifying evidence. Her evidence led in part to 23 people being sentenced to death, 11 of whom have been executed...
and legendary district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Bob Macy, reviewing case files and trial transcripts, and examining police records, and concludes that "catastrophic errors occur in many death penalty cases" (Fuhrman, 2003, page 245). Fuhrman uncovers a plethora of errors, misconduct
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....
, and general disregard for life and innocence in Oklahoma County. Despite his history as a strict "law and order" type cop who used to be a fervent supporter of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, his book details his arguments for why death row in Oklahoma is problematic and needs to be revamped. He focuses particularly on the behavior and unwavering punitiveness of Macy and his "Black Wizard" star of a forensic chemist, Gilchrist. In his investigation into Oklahoma's death penalty machine, Fuhrman documents systematic errors in capital cases, most notably behavior that borders on prosecutorial misconduct
Prosecutorial misconduct
In jurisprudence, prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve...
(including Macy suborning perjury, inflaming the jury's prejudice
Prejudice
Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...
s, overzealous personal confidence in witnesses and evidence, and withholding evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
), and forensic testimony by Gilchrist that was later discovered to be untruthful, impossible, prejudicial and misleading. Fuhrman notes how the pressure to convict obscured the prosecutor's duty towards justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
over conviction; in Oklahoma County, once a case was determined to be a capital case, anything less than an execution was considered failure.
Fuhrman talks not only about the prosecutorial team hiding evidence that could have proved the innocence of defendants, but also about the unwillingness of officials to accept the factual innocence of individuals exonerated
Exoneration
Exoneration occurs when a person who has been convicted of a crime is later proved to have been innocent of that crime. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially where new evidence is put forth after the execution has taken place.The term...
and released from OK's death row. Fuhrman puts most of the blame for the problems in Oklahoma on Bob Macy and Joyce Gilchrist. He concludes that many of the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s in OK were incompetent, and were also maliciously and intentionally covering up mistakes, hiding and planting evidence, and ignoring contradictory evidence, but that Macy in particular was a force to be reckoned with, giving "fire and brimstone" closing argument
Closing argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence...
s and often breaking into tears during trial (page 29). Fuhrman argues that it is Macy's legacy within the prosecutors office in Oklahoma County that has caused the rash of wrongful convictions in OK. In particular, Macy's "frontier justice" and win at all costs mentality have permeated the prosecutorial system and have led to a system that tolerates misconduct and perjury. He concludes that in counties like Los Angeles (CA
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
) and Arlington
Arlington County, Virginia
Arlington County is a county in the Commonwealth of Virginia. The land that became Arlington was originally donated by Virginia to the United States government to form part of the new federal capital district. On February 27, 1801, the United States Congress organized the area as a subdivision of...
(VA) the death row machine and the criminal justice system works, but that in Southern counties like Oklahoma County or Harris County
Harris County, Texas
As of the 2010 Census, the population of the county was 4,092,459, White Americans made up 56.6% of Harris County's population; non-Hispanic whites represented 33.0% of the population. Black Americans made up 18.9% of the population. Native Americans made up 0.7% of Harris County's population...
(TX) the racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
and prejudicial attitudes and the desire for revenge cause the system to falter. In order to fix the system in the South, Fuhrman suggests that executions be made public and that jurors no longer have to be "death qualified" (that is, they can be opposed to the death penalty and also sit on a jury in a capital case).