Cross-examination of Harry Scull (part 2) (2 of 2)

📄 Cross-examination of Harry Scull (part 2) (2 of 2) — Wednesday, November 6, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\6\CROSS-EXAMINATION-OF-HARRY-SCU.DOC

TRIAL

▲ Day 10 of 57

◀ Sidebar: deposition reading procedure Sidebar: hearsay objection ▶

Witness: Harry Scull
Examiner: John Kelly
Called by: Plaintiff • Date: Wednesday, November 6, 1996 • Utterances: 57

Excerpts from photographer Mr. Scull's deposition are read into the record during the civil trial. The reading focuses on Scull's account of sending photos from a September 26, 1993 football game to Pro Football Weekly — including an image of OJ Simpson that later appeared in the National Enquirer on April 23, 1996. A series of hearsay objections are sustained when the deposition attempts to elicit what Pro Football Weekly's Bob Peters told Scull.

# 1 MR. LEONARD:

Can I have that reference again?

# 2 MR. KELLY:

Page 66, line 9.

MR. P. BAKER: Okay.

# 3 (Mr. Kelly is reading the questions of Mr. Baker, and Mr. P. Baker is reading the answers of the witness.)

# 4 MR. KELLY:

"And what was the occasion that you looked at negatives one week later?

"A. I went through them randomly to print up black and white panalor pictures.

"Q. For what?

# 5 (Continued reading as follows:)

# 6 A:

"I went through the images or the negatives from the entire day to print black and white panalor images."

Question from Mr. Petrocelli: "What's 'panalor' mean?"

# 7 A:

"It's -- Panalor is the photographic paper in which you can print a black and white image from a color negative."

"Q. Why did you want to do this?

"A. To send to Pro Football Weekly.

"Q. And how many of the photos -- strike that. "How many of the images did you send to Pro Football Weekly?"

"A. Approximately 15 to 20.

"Q. And none of those included Mr. Simpson, correct?"

# 8 (Continued reading as follows:)

# 9 A:

"Yes, they did include Mr. Simpson.

"Q. Now, which of the images did you send to Pro Football Weekly that included Mr. Simpson?

"A. I don't recall all of them. I recall some of them but not all of them."

# 10 MR. KELLY:

Okay. Skipping over to page 84.

MR. P. BAKER: Okay.

# 11 MR. KELLY:

Line number 7.

MR. P. BAKER: Okay.

# 12 (Continued reading as follows:)

# 13 Q:

"All right. Now, which images did you sell to Football Weekly of the 9/26/93 game?"

# 14 (Continued reading as follows:)

# 15 A:

"I don't recall all of them. I just recall a few of them that I made up.

"Q. Why is it that you sent an image of Mr. Simpson to Pro Football Weekly a week after the September 26, 1993 game?

"A. Mr. Simpson's a former NFL player, part of the national media, and his photograph can be aired at any time regarding anything.

"Q. Which image did you send to pro football weekly of Mr. Simpson, if you can recall, of the contact sheets you have in front of you?

"A. It would have been Exhibit number 1. Frame number 1 on Exhibit number 5.

"Q. The same one that has appeared in -- which you say is unaltered, that appeared in the National Enquirer on April 23, 1996?"

# 16 A:

"Yes."

# 17 MR. KELLY:

Okay. Skipping over to page 86, line 19.

# 18 (Continued reading as follows:)

# 19 (Continued reading as follows:)

# 20 (Continued reading as follows:)

# 21 A:

"To see if they still indeed had that photograph and to see if it was used."

# 22 Q:

"Did you want to see -- to see if you could compare the photograph that is Exhibit 1 with what they retained?"

# 23 (Continued reading as follows:)

# 24 A:

"No."

# 25 Q:

"Did you make any inquiry as to if you could get that photograph back?"

# 26 A:

"Yes."

# 27 Q:

"Why did you want it back?"

# 28 MR. KELLY:

Another question:

"Mr. Scull, I don't want you to talk about" --

# 29 MR. LEONARD:

Over to 89, 2?

# 30 MR. KELLY:

89, 2. "Now, why did you want the picture back from Pro Football Weekly that you say is identical to Exhibit number 1?"

# 31 A:

"I didn't ask for the picture back."

# 32 Q:

"Did you ask -- what did you ask for back from Pro Football Weekly?"

# 33 A:

"Absolutely nothing."

"Q. Why were you interested if Pro Football Weekly retained that photograph, Mr. Scull?

"A. Because I didn't want it published without my permission.

"Q. Did you make any arrangements with Mr. Bob Peters of Pro Football Weekly to get the photograph returned to you?

"A. No."

# 34 MR. KELLY:

Okay. Page 108.

MR. P. BAKER: Okay.

# 35 MR. KELLY:

"Let me see if you can answer my question."

Actually, strike that. We covered this --

# 36 MR. LEONARD:

Yeah.

# 37 MR. KELLY:

-- Already. I'm sorry.

Page 110.

MR. P. BAKER: Okay.

# 38 MR. KELLY:

Line 17.

MR. P. BAKER: Okay.

# 39 (Continued reading as follows:)

# 40 Q:

"Who was the gentleman you spoke to at Pro Football Weekly?"

# 41 A:

"Bob --"

# 42 (Continued reading as follows:)

# 43 A:

"Bob Peters."

"Q. Tell me everything that you recall about that conversation.

"A. I asked Mr. Peters -- I had left a voice mail for him to search his file on Mr. Simpson to see if, indeed, he still had the photograph that I had sent him.

"Q. Okay. And he responded?

"A. He responded."

# 44 MR. LEONARD:

Objection, Your Honor. Hearsay.

# 45 THE COURT:

Sustained.

# 46 MR. KELLY:

"Did you have any other" -- I'm sorry. Line 10.

# 47 (Continued reading as follows:)

# 48 MR. LEONARD:

Objection. Hearsay.

# 49 THE COURT:

Sustained.

# 50 MR. KELLY:

Line 16.

# 51 (Continued reading as follows:)

# 52 MR. LEONARD:

Same objection.

# 53 THE COURT:

Sustained.

# 54 MR. KELLY:

Line 19.

# 55 (Continued reading as follows:)

# 56 A:

"No."

# 57 MR. KELLY:

Page 132.

MR. P. BAKER: Okay.

Temperature

procedural

Key Quotes (3)

Witness (Scull)

Mr. Simpson's a former NFL player, part of the national media, and his photograph can be aired at any time regarding anything.

Scull's stated rationale for including Simpson in photos sent to Pro Football Weekly — a justification that the plaintiff's team challenged as a pretext.

Witness (Scull)

Because I didn't want it published without my permission.

Scull's reason for contacting Pro Football Weekly — undercuts any suggestion he was trying to suppress or recover the photo for other reasons.

Witness (Scull)

It would have been Exhibit number 1. Frame number 1 on Exhibit number 5.

Scull identifies the specific image sent to Pro Football Weekly as the same photo (Exhibit 1) that appeared in the National Enquirer — central to the photo's chain of custody.

Evidence (2)

Exhibit 1

Photograph of OJ Simpson, allegedly unaltered, that appeared in the National Enquirer on April 23, 1996

identified as the image sent to Pro Football Weekly

Exhibit 5

Contact sheets from the September 26, 1993 game; Frame 1 is the Simpson image

referenced during deposition questioning

Notable Exchanges (2)

John Kelly•Dan Leonard

Three consecutive hearsay objections sustained as Kelly attempts to read in what Bob Peters of Pro Football Weekly told Scull — the court blocks the substance of that conversation entirely.

strategic

John Kelly•Dan Leonard

Attorneys briefly confer and skip a section they realize was already covered, jumping from page 108 to 110.

routine

Credibility Attacks (1)

⚔ Scull

prior inconsistent statement / impeachment by deposition

Examiner (Petrocelli) pressed Scull on whether he asked for the photo back from Pro Football Weekly — Scull's answers shifted: first suggesting interest in recovering it, then flatly stating he asked for 'absolutely nothing' back.

Objections

3 objections (3 sustained, 0 overruled)

Proceeding 8157 • 57 utterances • Plaintiff witness

Civil Trial

Department 103