Furrow Lawyers Say Prosecutors Abused Grand Jury Process

Defense attorneys for Buford O. Furrow Jr., a white supremacist charged with an allegedly racist shooting rampage last year, accused federal prosecutors on Monday of abusing the grand jury to fish for evidence that can be used to seek his execution.

Furrow, 38, is accused of opening fire and wounding five people at a Jewish community center, then fatally shooting a postal worker during a daylong paroxysm of violence that shook the San Fernando Valley and focused national attention on hate crimes.

He is scheduled to go on trial in February, and faces the death penalty if convicted of certain hate crimes and civil rights violations in connection with the shootings Aug. 10. The most serious charge against Furrow involves the killing of Filipino American postal worker Joseph S. Ileto as Ileto delivered mail.

The allegation that prosecutors had abused the grand jury process was contained in one of many pretrial motions filed by Furrow’s team of federal public defenders, who are challenging the government’s case against their client.

The motions focused on Furrow’s alleged confession, his behavior and statements while incarcerated, and the appearance last year of 43 of his friends, relatives, co-workers and neighbors before the federal grand jury in Los Angeles.

The grand jury hearings resulted in Furrow’s indictment on 16 federal counts, including murder, attempted murder, hate crimes, civil rights violations and weapons offenses.

The subpoenaed witnesses, according to court papers, were asked to bring letters, photographs and other personal mementos and to describe Furrow’s background and mental health. They were asked whether he was taking any medication, and whether it worked. The witnesses were queried about Furrow’s sex life, his use of drugs and alcohol, and whether he often got angry. And, they were asked whether they considered Furrow to be “a functioning member of society,” the court papers state.

Probing for such details exceeded the grand jury’s job, which is to gather evidence that crimes have been committed, defense lawyers Judy Clarke, Marilyn Bednarski, William Forman and Sean Kennedy argue in their motion.

Federal prosecutors had not reviewed the motions and had no comment, a spokeswoman for the U.S. attorney’s office said late Monday.

Among the witnesses were Furrow’s father and his stepson, who had just turned 18. Furrow’s estranged wife, Debbie Matthews, invoked spousal privilege and did not testify, the court papers revealed.

After the shooting rampage, Furrow spent $800 for a cab ride from Hollywood to Las Vegas, where he surrendered to the FBI. He spoke at length, court papers indicate, giving the agents a 15-page statement describing the Jewish Community Center shootings, a subsequent carjacking, Ileto’s slaying and his cab ride to Las Vegas.

The defense also is asking U.S. District Judge Nora Manella for a hearing to determine whether Furrow’s lengthy statement to the FBI should be kept from jurors at trial. The defense lawyers contend that Furrow was questioned for hours after he surrendered, but was not fully advised of his right to remain silent or see a lawyer.

FBI agents also knew Furrow was taking prescription medication “for mood stability, depression and anxiety” when they questioned him, the court papers state. He allegedly told the FBI that he shot up the Jewish center as a “wake-up call” for Americans to kill Jews, and killed Ileto because his skin was brown and he was wearing a government uniform.

The defense also alleged that prosecutors continue to snoop on Furrow while he is being held at the federal Metropolitan Detention Center in downtown Los Angeles.

A hearing is set for Sept. 18.