Redirect examination of Howard Bingham

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

Address:

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

TRIAL

▲ Day 30 of 57

◀ Direct examination of Howard Bingham End of day ▶

Witness: Howard Bingham
Examiner: Michael Brewer
Called by: Plaintiff • Date: Wednesday, December 11, 1996 • Utterances: 42

Plaintiff's attorney Michael Brewer cross-examined Howard Bingham, a photographer who knew Simpson primarily through media events. Brewer focused on two things: establishing that Bingham's relationship with Simpson was distant and impersonal, and narrowing the window of Bingham's observations on the June 12, 1994 flight to 30 seconds to a minute and a half. Brewer also probed whether Simpson appeared jumpy or edgy when Bingham approached him on the plane, but Bingham said he didn't remember.

# 1 THE COURT:

Cross.

CROSS-EXAMINATION BY MR. BREWER:

# 2 Q:

Mr. Bingham, you've never had occasion during the periods you've known Mr. Simpson to go over to his house, for example, and visit?

# 3 A:

No, I have not.

# 4 Q:

He hasn't gone over to your house?

# 5 A:

No, he has not.

# 6 Q:

The vast majority of your contact with Mr. Simpson over the years has been through media events; is that correct?

# 7 A:

It has.

# 8 Q:

It's been you photographing Mr. Simpson and other athletes; is that true?

# 9 A:

Yes. And being around other events with Ali, and things like that.

# 10 Q:

Okay.

And directing your attention to June 12, 1994, Mr. Simpson was one of the last individuals to get on the flight; is that correct?

# 11 A:

I think so.

# 12 Q:

And when you say that you spoke with him, he walked up -- you walked up to first class and spoke with him, you spoke with him for anywhere from half a minute to a minute and a half; is that a fair estimate?

# 13 A:

Yeah, fair estimate.

# 14 Q:

We're talking about 30 seconds to a minute and a half, max, right?

# 15 A:

Yeah.

# 16 Q:

And in the course of that discussion, you were told to return to your seat because the plane was going to take off; is that correct?

# 17 A:

Yes.

# 18 Q:

And during that same discussion, you had an opportunity to look at Mr. Simpson's hands because he was doing something with some money or something; is that correct?

# 19 A:

Yes.

# 20 Q:

Okay.

Do you know whether he, in fact, had any money in his hands?

# 21 A:

It wasn't -- it was change, I think, in his left hand. I think he was taking something out of his pockets. I do not know exactly what.

KEY QUOTE

# 22 Q:

When you went up to first class to say hello to Mr. Simpson, did you tap him on the shoulder?

# 23 A:

I don't know now.

# 24 Q:

Did he seem a bit jumpy when you first approached him?

KEY QUOTE

# 25 A:

I don't remember.

# 26 Q:

Did he appear to jump when you approached him, or appeared to be edgy?

# 27 A:

I don't know.

# 28 Q:

Have you ever told that to anyone?

# 29 A:

Not that I know of, no.

# 30 Q:

Are you certain of that?

# 31 A:

I'm sure.

# 32 Q:

Okay.

And when you spoke with Mr. Simpson, he was -- he had not taken a seat at that point, had he? He was in the -- at the point where he was getting situated in a seat?

# 33 A:

He was in the middle on the arm rest there, sitting, not in the -- in his seat.

# 34 Q:

He had not yet seated himself; is that true?

Is that true?

# 35 A:

Yes.

# 36 Q:

And the observations -- the entire observations that you made with Mr. Simpson, just so we're clear, occurred within 30 seconds at a minimum, to a minute and a half, maximum?

# 37 A:

Minute and a half. I'd say it was more than 30 seconds, because I went up. He was --

KEY QUOTE

# 38 MR. BREWER:

Okay. Thank you, sir. Nothing further.

# 39 MR. LEONARD:

No further questions.

# 40 THE COURT:

Okay. Thank you. You're excused.

# 41 HOWARD BINGHAM:

Thank you.

# 42 (Witness excused.)

Temperature

procedural

Key Quotes (3)

Michael Brewer

Did he seem a bit jumpy when you first approached him?

Plaintiff attempting to elicit testimony that Simpson was nervous or agitated on the night of the murders — Bingham deflected with 'I don't remember.'

Howard Bingham

It wasn't -- it was change, I think, in his left hand. I think he was taking something out of his pockets. I do not know exactly what.

Qualifies his earlier testimony about observing Simpson's hands — reduces the certainty of any exculpatory observation about the hands.

Howard Bingham

Minute and a half. I'd say it was more than 30 seconds, because I went up. He was --

Bingham pushed back slightly on the lower end of the time estimate before being cut off, suggesting the observation window was meaningful even if brief.

Notable Exchanges (2)

Michael Brewer•Howard Bingham

Brewer pressed Bingham three times on whether Simpson appeared jumpy or edgy when approached on the plane — 'I don't remember,' 'I don't know,' 'I don't know' — before asking if Bingham had ever told anyone that. Bingham denied it.

strategic

Michael Brewer•Howard Bingham

Brewer systematically narrowed the duration and quality of Bingham's observation: distant social relationship, brief plane encounter, interrupted by crew, uncertain about what Simpson held in his hands.

methodical

Credibility Attacks (1)

⚔ Howard Bingham

minimization of opportunity to observe

Brewer established Bingham had only a superficial, media-based relationship with Simpson and that his entire observation on June 12 lasted no more than 90 seconds, limiting the evidentiary weight of anything Bingham saw.

Witness Demeanor

(Witness excused.)

Objections

None recorded

Proceeding 8609 • 42 utterances • Plaintiff witness

Civil Trial

Department 103