Article: Prosecution to appeal Ito's jury instruction Simpson defense won't rest case

LOS ANGELES -- O.J. Simpson's attorneys refused to rest their case yesterday, even though they had called their last witness, while the prosecution vowed to file an emergency appeal of a controversial instruction Judge Lance Ito plans to deliver to the jury.

"This is a unique factual and legal situation that I've never seen before, never had to contemplate before, which isn't unusual in this particular case," Ito said in explaining his reason for preparing the jury instruction.

The defense had already announced that its last witness would be Mark Fuhrman, whom they tried to call yesterday morning. Ito barred his testimony, saying that Fuhrman had already pleaded the Fifth Amendment to ...

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