Direct examination of Howard Bingham

📄 Direct examination of Howard Bingham — Wednesday, December 11, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\11\DIRECT-EXAMINATION-OF-HOWARD-B.DOC

TRIAL

▲ Day 30 of 57

◀ Redirect examination of Wayne Stanfield (part 2) Redirect examination of Howard Bingham ▶

Witness: Howard Bingham
Examiner: Michael Brewer
Called by: Plaintiff • Date: Wednesday, December 11, 1996 • Utterances: 80

Howard Bingham, a 35-year veteran photographer and close friend of Muhammad Ali, testified as a defense witness that he saw O.J. Simpson on an American Airlines flight to Chicago departing Los Angeles around 11:45 p.m. on June 12, 1994. During a brief conversation with Simpson in the first-class cabin, Bingham observed nothing unusual — no cuts, injuries, bruises, or bandages on Simpson's hands or person. The testimony is a brief but direct rebuttal to the prosecution's theory that Simpson would have had visible injuries from the murders.

# 1 MR. LEONARD:

call Howard Bingham.

HOWARD BINGHAM, called as a witness on behalf of Defendants, was duly sworn and testified as follows:

# 2 THE CLERK:

You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

# 3 HOWARD BINGHAM:

I do.

# 4 THE BAILIFF:

Please be seated.

# 5 THE CLERK:

And, sir, please state and spell your name for the record.

# 6 HOWARD BINGHAM:

Howard L. Bingham, B-i-n-g-h-a-m.

DIRECT EXAMINATION BY MR. LEONARD:

# 7 Q:

Good afternoon, Mr. Bingham.

Is it true that you're the world's greatest photographer?

# 8 A:

I am a photographer, yes.

# 9 Q:

Do you remember testifying at the criminal trial that you were the world's greatest photographer?

# 10 A:

I do.

# 11 Q:

Thank you.

Now, how long have you been a professional photographer?

# 12 A:

Thirty-five years.

# 13 Q:

During the course of those 35 years, did you have an opportunity to get to know Mr. O.J. Simpson?

# 14 A:

Yes, I did.

# 15 Q:

And how, just in general terms, how did you get to know him?

# 16 A:

Being around events, media events like football games and things I would say, yes.

# 17 Q:

Okay.

Over the years, you photographed him?

# 18 A:

Yes.

# 19 Q:

Did you become an acquaintance of his?

# 20 A:

I knew him, he knew me. But not, you know . . .

# 21 Q:

Did you ever socialize with Mr. Simpson?

# 22 A:

No, I did not.

# 23 Q:

But you have, on occasion, spent time with him in hotels and such, having a drink, or something like that?

# 24 A:

Not really having a drink. But just talking for minutes and things.

# 25 Q:

Do you have a speech impediment?

# 26 A:

I do.

# 27 Q:

Do you have any difficulty in relating to the jury because of that?

# 28 A:

No.

Maybe they may have a hassle with me relating to them.

# 29 HOWARD BINGHAM:

Do you?

# 30 JURORS:

No.

# 31 Q:

(BY MR. LEONARD) Now, directing your attention to June 12, 1994, were you on an American Airlines flight to Chicago from Los Angeles?

# 32 A:

When was this, you say?

# 33 Q:

June 12 --

# 34 A:

Yes.

# 35 Q:

-- 1994 were you on an American Airlines flight to Chicago from Los Angeles, that left approximately 11:45 p.m.?

# 36 A:

I was.

# 37 Q:

Did you have an occasion to see Mr. Simpson on that flight?

# 38 A:

I did.

# 39 Q:

Can you relate to us how you saw Mr. Simpson, and your interaction with him?

# 40 A:

I was in my seat, in coach.

Yes, coach.

# 41 (Laughter.)

# 42 A:

(Continuing.) And I saw him come on the plane right before I was going to lay down and go to sleep.

# 43 Q:

Okay.

And you were able to see him from your seat back in coach, up in the first-class cabin?

# 44 A:

I did.

# 45 Q:

And at some point did you approach Mr. Simpson?

# 46 A:

I did.

# 47 Q:

And describe for us, for the ladies and gentlemen of the jury, what you did, what exchange or interchange you had with Mr. Simpson when you went up to the first-class cabin.

# 48 A:

I got up out of my seat, went to go and say hello to him, and I talked with him a couple minutes, and then went back to the seat. And the hostess told me it was time to go.

# 49 Q:

Exchanged some pleasantries?

# 50 A:

Yes.

# 51 Q:

Describe Mr. Simpson's demeanor during those exchanges or that exchange.

# 52 A:

He said, Hi, Bingham. Where you going? You know, how's Ali, things like that.

KEY QUOTE

# 53 Q:

What you do mean by "How's Ali?" Who are you referring to?

# 54 A:

Mohammed Ali.

# 55 Q:

Is Mohammed Ali a close personal friend of yours?

# 56 A:

Yes, he is.

# 57 Q:

And Mr. Simpson had met Mohammed Ali through you, at some point?

# 58 A:

He did not meet him through me; he was working with the media and everybody.

# 59 Q:

He was aware of your relationship?

# 60 A:

He was aware of my relationship with Ali.

# 61 Q:

Now, can you describe with regard to Mr. Simpson's demeanor during that exchange; that is, whether he was tired, happy, sad, or something in between?

# 62 MR. BREWER:

Leading.

# 63 THE COURT:

Overruled. He asked for demeanor and gave examples.

# 64 HOWARD BINGHAM:

His demeanor?

# 65 Q:

(BY MR. LEONARD) Yeah.

# 66 A:

Like I always, you know, he said, "Hi, Bingham. How you doing?" Things like that.

# 67 Q:

So his demeanor was as it had been other times?

# 68 MR. PETROCELLI:

That's leading, Your Honor.

# 69 THE COURT:

Sustained.

# 70 Q:

(BY MR. LEONARD) Now, you --

How long was your discussion with Mr. Simpson?

# 71 A:

Couple minutes, maybe, or less, you know, here, there.

# 72 Q:

During -- okay.

And during the discussion with him, did you notice anything unusual about him?

Did you notice any cuts, any kinds of injuries to him, bruises?

# 73 MR. BREWER:

Objection. Leading.

# 74 THE COURT:

Overruled.

# 75 A:

I did not.

# 76 Q:

(BY MR. LEONARD) You notice any cuts or injuries to his hands?

# 77 A:

I did not.

# 78 Q:

Or bandages?

# 79 A:

I did not.

# 80 MR. LEONARD:

I don't have any further questions.

Temperature

routine

Key Quotes (3)

Howard Bingham

I did not.

Repeated three times in response to whether he saw cuts, injuries, bruises, or bandages — a clean, unambiguous denial that supports the defense narrative of no visible wounds on Simpson post-murder.

Howard Bingham

He said, Hi, Bingham. Where you going? You know, how's Ali, things like that.

Characterizes Simpson's demeanor as casual and relaxed on the night of the murders, inconsistent with a man who had just committed a double homicide.

Howard Bingham

I was in my seat, in coach. Yes, coach.

Self-deprecating aside that drew laughter and humanized the witness, making him more relatable to the jury.

Notable Exchanges (2)

Dan Leonard•Howard Bingham•Jurors

Leonard asked Bingham whether his speech impediment caused difficulty communicating with the jury; Bingham quipped it might be harder for them to understand him, and the jurors themselves responded 'No' — a spontaneous moment of direct jury engagement.

light

Dan Leonard•Howard Bingham

Leonard opened by asking whether Bingham was 'the world's greatest photographer,' referencing Bingham's own criminal trial testimony — a self-effacing icebreaker that set an informal tone.

light

Light Moments (3)

Howard Bingham

Laughter in the courtroom when Bingham revealed he was flying coach while OJ was in first class.

Howard Bingham

Leonard asked if Bingham was 'the world's greatest photographer' — a callback to Bingham's own criminal trial boast — and Bingham deflected modestly: 'I am a photographer, yes.'

Howard Bingham

Bingham told the jury his speech impediment might make it harder for them to understand him; the jurors spontaneously responded 'No.'

Witness Demeanor

(Laughter.) — courtroom reaction when Bingham disclosed he was seated in coach

Objections

3 objections (1 sustained, 2 overruled)

Proceeding 8608 • 80 utterances • Plaintiff witness

Civil Trial

Department 103