Only one more Fuhrman issue was left outstanding: what, if anything, would the jury be allowed to learn officially about his failure to reappear as a witness? Ito correctly ruled that the jury would not be informed that Fuhrman had invoked the Fifth. But the defense was asking that he instruct the jury, when evaluating Fuhrman’s integrity, to consider his unavailability for future questioning. And Ito allowed it! For me, this was the final straw. Ito’s ruling was a direct violation of the Constitution, which states you can’t sanction anyone for taking the Fifth. If the ruling stood, the jury
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