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Bailey refuses apology, says Fuhrman flunked polygraph

March 21, 1997 GMT

LOS ANGELES (AP) _ F. Lee Bailey refused to apologize to Mark Fuhrman Thursday night, saying the former detective flunked a key question about the O.J. Simpson murder investigation on a lie detector test.

Bailey and Fuhrman, who took the polygraph test Monday in Washington, D.C., discussed the test in separate interviews on CNN’s ``Larry King Live.″

Bailey, one of Simpson’s criminal defense lawyers, had challenged Fuhrman in February to take the test, saying he would give him an ``international apology″ if Fuhrman passed.

Fuhrman said he took the polygraph at his own expense because he was tired of questions about whether he planted evidence and wanted to vindicate himself and the Los Angeles Police Department.

But Bailey said the polygraph technique used on Fuhrman was outdated and the results should have been reviewed by a panel of experts from the American Polygraph Society.

``We’re a long way from an apology,″ Bailey said, challenging Fuhrman to have the test administered by the LAPD’s polygraph unit with an approved technique.

``Those criteria have not been met by a longshot,″ Bailey said.

Fuhrman’s test was done by Paul K. Minor, who gave lie detector tests to Anita Hill, Woody Allen and former Defense Secretary Caspar Weinberger.

``I’ve proven myself with probably one of the best polygraph people in this country,″ Fuhrman told CNN.

``I’ve gone way out of my way. I wrote a book, I laid out everything. I didn’t leave any gaps, I didn’t leave any holes in the case. I laid it all out and then I backed it up with this polygraph. I don’t know how much more I can do,″ Fuhrman added.

Minor said Fuhrman was telling the truth when asked 17 questions, including if he planted evidence (no), if he saw blood in Simpson’s Bronco (yes), and if he entered the Bronco (no).

But Bailey said the test was too long, that the control questions were incorrectly used and that Fuhrman flunked the question about planting the bloody glove at Simpson’s Rockingham home.

Minor said Fuhrman’s blood pressure rose when asked whether he planted the bloody glove, but when asked the question again, Minor determined that it was a normal fluctuation.

Warren Holmes, former president of the Florida Polygraph Association, reviewed Fuhrman’s charts and concurred, Minor said.

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Simpson’s lawyers have claimed that Fuhrman planted evidence in order to frame Simpson for the 1994 murders of his ex-wife Nicole Brown Simpson and her friend, Ron Goldman.

Simpson was acquitted of criminal charges but a civil jury found him liable for the two deaths. The civil jury ordered Simpson to pay a total of $33.5 million in damages.