Direct examination of Robert Groden

📄 Direct examination of Robert Groden — Friday, December 20, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\20\DIRECT-EXAMINATION-OF-ROBERT-G.DOC

TRIAL

▲ Day 35 of 57

◀ Witness oath administration Cross-examination of Robert Groden (part 1) ▶

Witness: Robert Groden
Examiner: Dan Leonard
Called by: Defense • Date: Friday, December 20, 1996 • Utterances: 29

Robert Groden continued his direct examination by walking to the Elmo projector to demonstrate photo anomalies in Defendants' Exhibit 1931, a blow-up of the '1-1 photograph' purportedly showing OJ Simpson's left leg. He pointed out what he described as retouching marks — vertical striped patterns and a horizontal line — arguing these indicate the photograph was digitally or manually altered. Leonard then concluded his direct examination.

# 1 A:

Yes, we did.

# 2 Q:

As a result of that, were you able to illustrate a couple of these points a little bit better?

# 3 A:

Yes.

# 4 Q:

Okay.

# 5 MR. LEONARD:

Your Honor, with the Court's permission, I'd ask that Mr. Groden be permitted to walk down, and I can examine him from the Elmo, so he can manipulate it. And what I'd like towhat I'd like to do is, display one image that youbut he's going to point out some of these elements again. We really need to turn all the lights out in the courtroom, if that's acceptable, just for 30 seconds.

# 6 THE COURT:

All right.

# 7 MR. LEONARD:

Thank you.

MR. P. BAKER: The photograph on the machine is 1931.

# 8 (The instrument herein referred to as Blow-up from the 1-1 photograph purported to be Mr. Simpson's left leg, was marked for identification as Defendants' Exhibit No. 1931.)

# 9 MR. LEONARD:

As soon as you're set up, turn the lights out.

# 10 ROBERT GRODEN:

Okay.

# 11 THE COURT:

Yes?

# 12 JUROR:

I just need to ask the deputy something real quickly, if you don't mind. Pardon me.

# 13 THE BAILIFF:

May I approach?

# 14 (Bailiff and court converse sotto voce.)

# 15 (The Court indicates to candy.)

# 16 JUROR:

Thank you. My fellow juror has saved me. (One juror hands another juror a cough drop.)

KEY QUOTE

# 17 Q:

(BY MR. LEONARD) Do you have thedo you have the image in the position you want it, sir?

# 18 A:

Yes.

# 19 THE COURT:

You're going to have to speak loudly, because we can't hear you.

# 20 ROBERT GRODEN:

All right. (Lights are switched off.)

# 21 Q:

(BY MR. LEONARD) Now, can youfirst of all, just so the record is clear, this is a would you describe what this is?

# 22 A:

This is a close-up of the left leg from the 1-1 photograph or a blow-up of the 1-1 photograph purported to be Mr. Simpson's leg.

# 23 Q:

Okay. Now, why don't you show again, the anomaly that you discovered in this portion of the photograph.

# 24 A:

Yes. What we were describing the other day is this area along here (indicating), this darker area with the vertical stripes on it, that looks very much like a worm, or a retouching mark. It alternates back light and so on, and so on, whichwhat appears to be brush strokes or digital domain, could be interpreted as being cleaning, which is a way of duplicating one specific area within the photograph and putting it to another point. This is an anomaly that is not common. This is not graphic grain; it does not appear in any way to be photographic grain, but does appear to be retouching.

# 25 Q:

There another elements on the other leg that you wanted to illustrate a little more clearly?

# 26 A:

Yes, there is. (Witness adjusts Elmo.) The horizontal line I discussed is this (indicating), where it is lighter, below that point and darker above. And at the point where the horizontal line goes through the line there, is what appears to be obvious retouching or some anomaly that does not belong. This is not part of the actual, original photograph. That pretty much displays it as much as we can with this.

# 27 MR. LEONARD:

Okay. We can turn the lights back on. (Bailiffs comply.)

# 28 MR. LEONARD:

You may retake the stand. (Witness complies.)

# 29 MR. LEONARD:

Your Honor, with that, I don't have any further questions on direct.

Temperature

procedural

Key Quotes (3)

Robert Groden

This is an anomaly that is not common. This is not graphic grain; it does not appear in any way to be photographic grain, but does appear to be retouching.

Core assertion of Groden's testimony — that the photograph of Simpson's leg was manipulated, undermining its evidentiary value.

Robert Groden

This is not part of the actual, original photograph.

Direct conclusion that the exhibit is altered, which if believed would call into question the photographic evidence connecting Simpson to the crime scene.

Juror

Thank you. My fellow juror has saved me.

Light moment during the darkened-courtroom setup — a juror received a cough drop from another.

Evidence (1)

Defendants' 1931

Blow-up from the 1-1 photograph purported to show OJ Simpson's left leg

marked for identification, displayed on Elmo projector, analyzed by Groden for retouching anomalies

Notable Exchanges (2)

Dan Leonard•Hiroshi Fujisaki

Leonard asked permission to darken the courtroom for 30 seconds so Groden could demonstrate on the Elmo; Fujisaki agreed.

routine

Juror•Bailiff•Hiroshi Fujisaki

Juror interrupted the setup to ask the deputy something; a fellow juror quietly passed a cough drop.

light

Light Moments (1)

Juror

With the courtroom about to go dark, a juror interrupted to get a cough drop from a fellow juror, quipping 'My fellow juror has saved me.'

Witness Demeanor

(Witness adjusts Elmo.)

(Lights are switched off.)

(Witness complies.) [returning to stand]

Objections

None recorded

Proceeding 8726 • 29 utterances • Defense witness

Civil Trial

Department 103