Cross-examination of Harry Scull (part 2) (1 of 2)

📄 Cross-examination of Harry Scull (part 2) (1 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 Cross-examination of Harry Scull (part 1) ▶

Witness: Harry Scull
Examiner: Dan Leonard
Called by: Plaintiff • Date: Wednesday, November 6, 1996 • Utterances: 44

This proceeding consists almost entirely of reading back Harry Scull's prior deposition testimony, covering his arrangement with Gamma-Liaison to sell the Bruno Magli shoe photograph to the National Enquirer and his evolving stance on public identification as the photographer. The questioning exposed contradictions between Scull's desire for anonymity and his willingness to profit from the photograph, and concluded with his admission that he is now 'happy and proud' to be associated with it.

# 1 MR. LEONARD:

Pick it up.

# 2 (Laughter.)

# 3 MR. LEONARD:

Okay. Over to page 100, line 3.

MR. P. BAKER: Okay.

# 4 (Continued reading as follows:)

# 5 (Continued reading as follows:)

# 6 A:

"For possible sales."

# 7 Q:

"Well, explain to me who told you that Gamma-Liaison scanned this photograph into a computer."

# 8 A:

"Rob McCelroy."

# 9 Q:

"And when you discussed this with Mr. McCelroy, did he tell you why they needed to scan it into a computer?"

# 10 A:

"No."

# 11 Q:

"Now, did he tell you why Gamma-Liaison was involved in this transaction of selling the photograph to National Enquirer?"

# 12 A:

"To -- my recollection indicates that Gamma-Liaison was not involved whatsoever in the sale."

"Q. Well, did the negatives go to Gamma-Liaison before the photograph was printed in National Enquirer?

"A. No.

"Q. The photograph indicates in the National Enquirer that it is copyrighted by Gamma-Liaison, does it not?

"A. Correct.

"Q. And is it your testimony that the photograph was copyrighted by Gamma-Liaison before they had ever seen the negative?

"A. I don't -- I can't answer that. I don't know.

"Q. You just testified, unless I misunderstood, that the photograph went to Gamma-Liaison; that is, the negative, the C-41 negative, went to Gamma-Liaison after the photograph had been published in the National Enquirer, correct?

"A. Correct.

"Q. How do you know that?

"A. I was told by Rob McCelroy.

"Q. Well, what did Rob McCelroy tell you relative to Gamma-Liaison and why, after it had been published, it needed to go to London to be scanned into a computer?

"A. It was their headquarters.

"Q. Well, how did he tell you Gamma-Liaison was involved at all in this photograph being published in the National Enquirer?

"A. Gamma-Liaison Credit was used to, A, protect my identity and to let other possible sources know that they had the image on file.

"Q. Well, why did you want to protect your identity, Mr. Scull?

"A. Because I just don't want my life interrupted. I wasn't ready to be besieged by the media and everyone.

"Q. Well, you wanted to sell this photograph, did you not?

"A. Correct.

"Q. And you wanted the photograph to be published, did you not?

"A. Correct.

"Q. And you knew the significance of the photograph when you wanted it to be sold and published, correct?

"A. No.

"Q. You knew that you had a full-length photo that you say was taken on September 26, 1993, true?

"A. True.

"Q. And you knew that if it was published, that your name would come out, did you not?

"A. No.

"Q. When you first when you when did you first contact Mr. Kelly relative to this photograph being in the National Enquirer as having been taken by yourself?

# 13 (Continued reading as follows:)

# 14 A:

"I personally did not contact Mr. Kelly. My attorney did."

# 15 Q:

"And when was it that Mr. Kelly and your attorney, if you know, communicated?"

# 16 A:

"I don't recall an exact date."

"Q. Did you direct your attorney to -- strike that. "Did you want to communicate with Mr. Kelly relative to this particular photograph, Mr. Scull?

"A. Yes.

"Q. Why?

"A. I wanted to -- I wanted to -- if this indeed was true, I wanted to be able to help out in whatever way I could.

"Q. And when did you decide you wanted to communicate with Mr. Kelly?

"A. I was probably -- "

# 17 (Continued reading as follows:)

# 18 (Continued reading as follows:)

# 19 MR. LEONARD:

Question is reread.

# 20 (Continued reading as follows:)

# 21 Q:

"Now, as I understand it, in May -- strike that -- in April of 1996, you did not want to reveal your identity relative to this photograph, correct?"

# 22 A:

"Correct."

# 23 Q:

"And by April 30th, it was -- you had decided to reveal your identity, correct?"

# 24 A:

"I don't recall when my name was released."

# 25 (Continued reading as follows:)

# 26 (Continued reading as follows:)

# 27 A:

"Yesterday morning."

# 28 Q:

"And who were you filmed by?"

# 29 A:

"Channel 7."

# 30 Q:

"And have you been filmed by anyone else?"

# 31 A:

"Channel 2."

# 32 Q:

"And I take it that now you are happy and proud to be identified with this photograph, correct?"

# 33 A:

"I have no choice at this point. My name is out in the public."

KEY QUOTE

# 34 Q:

"Let me see if you can answer my question. You're happy and proud to be associated as the photographer of this photograph, yes or no?"

# 35 A:

"Yes."

# 36 Q:

"All right. Now, in terms of -- well, strike that. "Do you have plans to do more interviews relative to this picture?"

# 37 A:

"At this moment, now, no."

"Q. Were you paid to be on any television channel?

"A. No.

"Q. Have you agreed to be paid to publicize your taking of this photograph?

"A. No."

# 38 MR. LEONARD:

Over to page 109, line 9.

MR. P. BAKER: Okay.

# 39 (Continued reading as follows:)

# 40 MR. LEONARD:

No further questions.

# 41 THE COURT:

Okay.

# 42 MR. PETROCELLI:

Couple minutes, Your Honor, and then we'll finish up.

# 43 THE COURT:

All right. Go ahead.

# 44 (Recess.)

Temperature

procedural

Key Quotes (4)

Harry Scull (deposition)

Gamma-Liaison Credit was used to, A, protect my identity and to let other possible sources know that they had the image on file.

Explains why the National Enquirer photo carried a Gamma-Liaison copyright despite Scull's claim they were not involved in the sale — the credit was a shield for his identity.

Harry Scull (deposition)

I have no choice at this point. My name is out in the public.

Reveals reluctant rather than voluntary identification — undermines any narrative that Scull came forward purely out of civic duty.

Harry Scull (deposition)

I wanted to -- if this indeed was true, I wanted to be able to help out in whatever way I could.

Scull's stated motivation for contacting plaintiff's attorney Kelly — suggests he understood the photograph's potential significance to the case.

Harry Scull (deposition)

Yes. [happy and proud to be associated as the photographer]

A concession extracted under persistent yes-or-no pressure, contrasting with his earlier reluctance and adding credibility-attack material.

Evidence (2)

Informal

Photograph taken September 26, 1993, published in the National Enquirer, showing OJ Simpson — the Bruno Magli shoe photograph

discussed

Informal

C-41 negative of the photograph, subsequently sent to Gamma-Liaison in London for scanning

discussed

Notable Exchanges (2)

Examiner (deposition)•Harry Scull

Extended questioning about whether Scull knew the photograph's significance when he sold it — Scull denied knowing its significance, even though he knew it was a full-length photo allegedly from September 26, 1993.

strategic

Examiner (deposition)•Harry Scull

Forced yes-or-no admission that Scull is now 'happy and proud' to be identified with the photograph, after testifying he initially wanted anonymity.

revealing

Light Moments (1)

courtroom

Laughter in the courtroom as Dan Leonard instructs co-counsel to 'Pick it up' at the start of the deposition readback.

Credibility Attacks (2)

⚔ Harry Scull

prior inconsistent statement / bias

Cross exposed tension between Scull's claimed desire for anonymity and his willingness to sell the photograph and appear on television (Channels 7 and 2), suggesting his motivations were more self-interested than he presented.

⚔ Harry Scull

impeachment

Contradiction highlighted between Scull's testimony that Gamma-Liaison was 'not involved whatsoever in the sale' and the fact that the published photo carried a Gamma-Liaison copyright — Scull could not reconcile this.

Witness Demeanor

(Laughter.) — at start of proceedings during attorney direction

Objections

None recorded

Proceeding 8166 • 44 utterances • Plaintiff witness

Civil Trial

Department 103