Redirect examination of Robert Groden (part 3)

📄 Redirect examination of Robert Groden (part 3) — Friday, December 20, 1996

Address:

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

TRIAL

▲ Day 35 of 57

◀ Jury return Sidebar: Gerry Richards deposition ▶

Witness: Robert Groden
Examiner: Dan Leonard
Called by: Defense • Date: Friday, December 20, 1996 • Utterances: 97

Plaintiff's attorney Peter Gelblum cross-examined defense photo-analysis expert Robert Groden, attacking his credibility by revealing he had a $50,000 contract with the 'Globe' tabloid to license JFK autopsy photos — undermining any implicit suggestion that tabloid-published photographs are inherently suspect. Gelblum also pressed Groden on whether his position that the Simpson Bruno Magli photo negative was a copy negative necessarily meant photographer Harry Scull was lying in his deposition.

# 1 THE COURT:

You may examine.

# 2 MR. GELBLUM:

Thank you, Your Honor.

# 3 Q:

(BY MR. GELBLUM) On Wednesday, sir, you and Mr. Leonard had an exchange about a couple times you've had deals with "National Enquirer." You recall that?

# 4 A:

Yes.

# 5 Q:

The one we talked about this morning already, 14 years ago with the voodoo ritual?

# 6 A:

Yes.

# 7 Q:

The second is with the photo at issue in this case?

# 8 A:

That's correct.

# 9 Q:

And you were contacted by the "National Enquirer" and asked to look at this photograph; is that right?

# 10 A:

That's correct.

# 11 Q:

And you agreed to do it?

# 12 A:

Yes.

# 13 Q:

And then they didn't call you back?

# 14 A:

No. They called me back once after that to try to set up an appointment, and they never called me back after that.

# 15 Q:

They didn't hire you to do it, right?

# 16 A:

That's correct.

# 17 Q:

Now, were you trying to suggest, sir, with that testimony that youthe "Enquirer" didn't ask you to render an opinion about this photograph because you would have said that it was not authentic?

# 18 MR. LEONARD:

Objection, argumentative.

# 19 THE COURT:

Overruled.

# 20 A:

What I told the gentleman who contacted me was that I would tell them whatever it was that I found no matter which way it went. I never heard from them again.

KEY QUOTE

# 21 Q:

(BY MR. GELBLUM) Okay. You hadn't seen the photo at that point?

# 22 A:

No.

# 23 Q:

Are you tellingtrying to suggest, sir, that the reasonI'm sorrythat one reason that you think this photo may not be genuine is because it was first published in the "Enquirer"?

# 24 A:

I never said that.

# 25 Q:

You're not trying to suggest that, are you?

# 26 A:

No.

# 27 Q:

Because you yourself have sold photos to tabloids, correct?

# 28 A:

That's a misrepresentation.

# 29 Q:

Okay. In December 1991, sir, didn't you sell autopsy photographs of John F. Kennedy to the "Globe" tabloid?

# 30 A:

I did not.

# 31 Q:

Okay. Did you enter into a contract with the "Globe" to sell autopsy photos of John F. Kennedy for $50,000, sir?

# 32 A:

I did not.

# 33 Q:

Do you recognize what I'm putting in front of you now?

# 34 MR. LEONARD:

Your Honor, I object, not relevant.

# 35 THE COURT:

Overruled. (Witness is handed magazine.)

# 36 A:

Yes, I recognize it.

# 37 Q:

What is it?

# 38 A:

It a copy of the "Globe" dated December 31, 1991.

# 39 Q:

(BY MR. GELBLUM) And the cover story is about autopsy photos of John F. Kennedy, correct?

# 40 A:

That is correct.

# 41 MR. GELBLUM:

I'd like to mark next in order, a contract between you and the "Globe" for the sale of those photographs.

# 42 (BY MR. GELBLUM) Is that what that is, sir? (Witness reviews document.)

# 43 A:

Would you repeat the question.

# 44 Q:

Yes, sir.

# 45 MR. GELBLUM:

What's the number on that?

# 46 THE CLERK:

2286.

# 47 (The instrument herein described as a copy of appendix to hearings was marked for identification as Plaintiffs' Exhibit No. 2286.)

# 48 Q:

(BY MR. GELBLUM) Exhibit 2286, that's a contract between you and the "Globe" bearing your signature on page 2, for $50,000 to sell autopsy photographs of John F. Kennedy to the "Globe," isn't it, sir?

# 49 A:

No, it is not.

# 50 Q:

Okay. Is your name on it?

# 51 A:

Yes, it is.

# 52 Q:

Okay. And you're agreeing to sell some photographs for $50,000?

# 53 A:

No, I'm not.

# 54 Q:

What are you agreeing to do, sir?

# 55 A:

To give them exclusive rights to a story about autopsy photographs being faked and to consult with them for the writing of such a story.

# 56 Q:

Okay. And you gave them the photographs to use in the story?

# 57 A:

I allowed them to use the photographs in the story.

# 58 Q:

You were paid $50,000 for that, right?

# 59 A:

Yes.

# 60 Q:

So you didn't sell them the photos, you just sold them the right to publish the photos?

# 61 A:

I sold them the rights to the story and allowed them to use the photographs in the story to prove a point.

KEY QUOTE

# 62 Q:

Those are some of the photos you obtained from the House Select Committee when you were there?

# 63 A:

That's correct. 1

# 64 Q:

Those are autopsy photos of John F. Kennedy, right?

# 65 A:

That's correct.

# 66 Q:

So you certainly don't have any problem with Harry Scull selling the photograph of Mr. Simpson to the "Enquirer," do you?

# 67 MR. LEONARD:

Objection argumentative.

# 68 THE COURT:

Sustained.

# 69 Q:

(BY MR. GELBLUM) Now, you read Mr. Scull's deposition, didn't you?

# 70 A:

Yes, I did.

# 71 Q:

And you saw he testified that he had the original negative of the photograph of Mr. Simpson wearing the Bruno Magli shoes at the Buffalo Bills game, right?

# 72 A:

That's what he testified to, yes.

# 73 Q:

Are you're saying he's lying, right.

# 74 MR. LEONARD:

Objection, vague, argumentative.

# 75 THE COURT:

Sustained.

# 76 Q:

You're saying he's lying when he says he has the original negative because you think it's a copy negative, right?

# 77 MR. LEONARD:

Objection, argumentative.

# 78 THE COURT:

Why don't you ask a question instead of awhy don't you ask a question as a question instead of an accusation.

# 79 MR. GELBLUM:

I'm entitled to ask leading questions.

# 80 THE COURT:

Now, you may ask a question so it sounds like a question.

KEY QUOTE

# 81 Q:

(BY MR. GELBLUM) Mr. Groden, isn't it true that you're contending that Mr. Scull was lying at his deposition when he said he had the original negative?

# 82 MR. LEONARD:

Same objection.

# 83 THE COURT:

Overruled.

# 84 MR. LEONARD:

Vague. Had the negative when?

# 85 THE COURT:

Overruled.

# 86 A:

I don't know whether he has the original negative or not. What I testified to in my deposition is what was shown to me, and purports to be the original negative, is not.

KEY QUOTE

# 87 Q:

Well, and that's what was shown to you by Mr. Scull's attorney, right, Michael O'Connor?

# 88 A:

In Buffalo?

# 89 Q:

Yes.

# 90 A:

Yes.

# 91 Q:

As the purported original negative, right?

# 92 A:

Yes.

# 93 Q:

So if it's another negative and Mr. Scull says he still has the original negative, then your position is he's lying about that, right?

# 94 MR. LEONARD:

Objection, argumentative, asked and answered.

# 95 THE COURT:

That's argumentative. Sustained.

# 96 Q:

(BY MR. GELBLUM) You also read the deposition of Gerry Richards (phonetic), didn't you?

# 97 A:

Yes.

Temperature

tense

Key Quotes (4)

Robert Groden

What I told the gentleman who contacted me was that I would tell them whatever it was that I found no matter which way it went. I never heard from them again.

Groden implies the National Enquirer dropped him because they feared an honest opinion — a loaded suggestion Gelblum then worked to undercut.

Robert Groden

I sold them the rights to the story and allowed them to use the photographs in the story to prove a point.

Groden's semantic attempt to distinguish 'selling photos' from 'licensing rights to a story' — a distinction Gelblum treats as hairsplitting.

Hiroshi Fujisaki

Now, you may ask a question so it sounds like a question.

A notable judicial rebuke of Gelblum's aggressive cross-examination style, after repeated argumentative objections were sustained.

Robert Groden

I don't know whether he has the original negative or not. What I testified to in my deposition is what was shown to me, and purports to be the original negative, is not.

Groden's core position on the Bruno Magli photo: he can only say what he examined was not the original, without directly accusing Scull of lying.

Evidence (5)

Plaintiffs' Exhibit No. 2286

Contract between Robert Groden and the 'Globe' tabloid, bearing Groden's signature, for $50,000 in connection with JFK autopsy photographs

marked for identification, used to impeach Groden

Informal

Copy of the 'Globe' tabloid dated December 31, 1991, cover story on JFK autopsy photos

shown to witness for identification

Informal

Photograph of OJ Simpson wearing Bruno Magli shoes at a Buffalo Bills game (the core disputed exhibit)

referenced in questioning about Scull's original negative

Informal

Deposition of Harry Scull, in which Scull testified he possessed the original negative of the Simpson photo

referenced to challenge Groden's copy-negative conclusion

Informal

Deposition of Gerry Richards (phonetic)

referenced at close of excerpt, not yet discussed

Notable Exchanges (3)

Peter Gelblum•Hiroshi Fujisaki

After several sustained argumentative objections, the judge told Gelblum his questions sounded like accusations and directed him to phrase them as questions; Gelblum pushed back asserting his right to ask leading questions on cross.

tense

Peter Gelblum•Robert Groden

Gelblum elicited that Groden received $50,000 from the 'Globe' for JFK autopsy photo rights, then landed the implicit point: Groden has no principled objection to selling sensitive photos to tabloids, undermining any tabloid-provenance skepticism.

strategic

Peter Gelblum•Robert Groden

Extended back-and-forth over whether Groden's copy-negative conclusion necessarily means Scull lied in his deposition; Groden carefully avoided using the word 'lying' while maintaining his technical finding.

strategic

Credibility Attacks (1)

⚔ Robert Groden

prior conduct / bias impeachment

Gelblum confronted Groden with a $50,000 contract he signed with the 'Globe' tabloid to license JFK autopsy photographs, contradicting any implicit suggestion that a photograph's tabloid origin makes it suspect — and revealing Groden's own history profiting from tabloid photo deals.

Witness Demeanor

(Witness is handed magazine.)

(Witness reviews document.)

Objections

7 objections (4 sustained, 3 overruled)

Proceeding 8721 • 97 utterances • Defense witness

Civil Trial

Department 103