Redirect examination of Bill Renken

📄 Redirect examination of Bill Renken — Wednesday, November 6, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\6\REDIRECT-EXAMINATION-OF-BILL-R.DOC

TRIAL

▲ Day 10 of 57

◀ Direct examination of Bill Renken Sidebar: prior testimony and ruling ▶

Witness: Bill Renken
Examiner: Peter Gelblum
Called by: Plaintiff • Date: Wednesday, November 6, 1996 • Utterances: 40

Peter Gelblum reads prior criminal trial testimony from Bill Renken, a photographer/videographer who filmed OJ Simpson doing sideline commentary at a January 1991 Bengals-Oilers playoff game in Cincinnati. The testimony and accompanying video (Exhibit 654) establish that Simpson wore brown gloves in cold, rainy conditions — part of the plaintiffs' effort to show Simpson's habitual use of that style of glove. The proceeding ends with a procedural dispute over whether new objections can be raised during prior testimony readings.

# 1 MR. GELBLUM:

Nothing further.

MR. P. BAKER: Page 45024, (Reading:)

"Q. Mr. Renken, good afternoon.

"A. Good afternoon, sir.

"Q. January '91 in Cincinnati, that's pretty -- January 1991 in Cincinnati, that's a pretty cold time of year there; isn't it?

"A. Yes, it is.

"Q. And at this game, was it very cold?

"A. It was cold, rainy, moist.

"Q. It's not unusual -- I take it, there are a lot of other people in the stadium with gloves?

"A. I imagine.

"Q. Brown gloves?

"A. All different kinds of gloves.

"Q. It's not particularly unusual to have brown gloves in the cold in the winter?

"A. I assume.

"Q. In fact, did you notice in the video --"

# 2 MR. GELBLUM:

Your Honor, I apologize. There's a gap in the transcript. I apologize, Mr. Baker. There's another Exhibit to put in through this witness that he just referred to in the video. I apologize, Mr. Baker.

MR. P. BAKER: Okay.

# 3 MR. GELBLUM:

I'm sorry.

# 4 MR. BAKER:

We can do it after we finish.

# 5 MR. GELBLUM:

He asked questions about it. That's fine if you want.

# 6 MR. GELBLUM:

Sorry. We're now on page 45020. (Reading:)

"First of all, Mr. Renken, I'm going to ask you to look at this video and tell us if you recognize what's being -- what is depicted in it."

# 7 MR. GELBLUM:

Would you play the video? This is Exhibit 654.

# 8 (The instrument herein referred to as a video of O.J. Simpson giving commentary was marked for identification as Plaintiffs' Exhibit No. 654.)

# 9 MR. GELBLUM:

I think this is during the video. (Reading:)

"A. It's the defendant doing a commentary about I imagine, probably the first half scores, stats, overall commentary on the first half of the game.

"Q. When you say "the game," ... (sic) what game are you referring to?

"A. That was the play-off game with the Bengals versus the Oilers."

# 10 MR. GELBLUM:

One second, please. Stop it there. (Reading:)

"Q. And where was that?

"A. At River Front Stadium, Cincinnati.

"Q. And is this the same game from which he took -- you previously identified still photographs that you took in exhibits 648 to 653?

"A. Yes, they are.

"Q. Okay. So this is the videotape of the game that we have still photographs for from you?

"A. Correct.

"Q. Can you tell us, noting the umbrella in the defendant's hand in this frame -- I'm sorry."

# 11 (Video is rewound.)

# 12 MR. GELBLUM:

Okay. Can you get to the frame where it stopped at the criminal trial.

# 13 (Video tape continues playing.)

# 14 MR. GELBLUM:

Okay. (Reading:)

"... Can -- directing your attention to the defendant's left hand holding the microphone, can you tell us if you see what appear to be rain drops on that glove?

"A. Yes.

"Q. Thank you."

# 15 MR. GELBLUM:

Continue playing.

# 16 (Videotape resumes playing.)

# 17 MR. GELBLUM:

(Reading:)

"Q. Do you see rain or what might be rain or some kind of mild snow on the hat and jacket -- what's his last name?"

# 18 MR. GELBLUM:

And the Court says (reading):

"THE COURT: Esiason"

# 19 MR. GELBLUM:

E-S-I-A-S-O-N. This is at frame 5439. We'll get to that frame.

# 20 Q:

Do you see rain or what may be rain or some kind of mild snow on Esiason's hat? (Reading:)

"A. Yes ... Yes, I do.

"Q. Thank you."

# 21 (Tape resumes playing.)

# 22 MR. GELBLUM:

Thank you. I apologize.

MR. P. BAKER: No problem.

Do you want me to start over, Ms. Malinaro.

# 23 MR. GELBLUM:

I would move into evidence, 654, the video.

# 24 THE COURT:

Received.

# 25 (The instrument herein referred to as a video of O.J. Simpson giving commentary was received in evidence as Plaintiffs' Exhibit No. 654.)

# 26 MR. GELBLUM:

Line 24, I think.

# 27 (Ms. Molinaro continues reading:)

# 28 (Photos are displayed.)

# 29 MR. GELBLUM:

Objection."

# 30 MR. GALBLUM:

Calls for conclusion.

# 31 MR. BAKER:

Is that objection in the transcript?

# 32 MR. GELBLUM:

No.

# 33 MR. BAKER:

Then I object to his objection.

# 34 MR. GELBLUM:

You can make new objections.

# 35 MR. BAKER:

I don't think so. Not when they offer the deposition or the prior -- Prior testimony. They can't offer an objection to it.

KEY QUOTE

# 36 MR. GELBLUM:

I didn't offer this portion, Your Honor.

# 37 THE COURT:

Sustained.

# 38 MR. BAKER:

Your Honor, may I be heard on that?

# 39 THE COURT:

You may.

# 40 MR. BAKER:

Thank you.

Temperature

procedural

Key Quotes (4)

Bill Renken (via transcript)

It was cold, rainy, moist.

Establishes the weather conditions at the game, contextualizing why Simpson would have been wearing gloves and why the glove in the video would show raindrops.

Bill Renken (via transcript)

All different kinds of gloves.

Defense cross trying to neutralize the glove evidence by showing brown gloves were common attire; Renken's answer is noncommittal.

Bill Renken (via transcript)

Yes ... directing your attention to the defendant's left hand holding the microphone, can you tell us if you see what appear to be rain drops on that glove? A. Yes.

Direct visual confirmation from the witness that Simpson's glove in the video shows moisture consistent with the rainy conditions — linking him to a specific brown glove in use.

Robert Baker

I don't think so. Not when they offer the deposition or the prior -- Prior testimony. They can't offer an objection to it.

Baker's procedural argument that Gelblum cannot insert new objections into testimony he's reading into evidence — a live dispute over the rules of prior testimony admission.

Evidence (2)

Plaintiffs' 654

Video of OJ Simpson giving halftime commentary at the January 1991 Bengals-Oilers playoff game at Riverfront Stadium, Cincinnati; shows Simpson wearing a glove on his left hand with visible raindrops

Introduced and received into evidence

Plaintiffs' 648-653

Still photographs taken by Renken at the same January 1991 Cincinnati game

Referenced as already admitted; video confirmed to be from the same game

Notable Exchanges (2)

Robert Baker•Peter Gelblum

After Gelblum objected to testimony being read (calling for conclusion), Baker argued that objections cannot be inserted during prior testimony readings since only what was in the original transcript should come in. Gelblum countered that he hadn't offered that portion. Judge sustained.

procedural dispute

Peter Gelblum•Robert Baker

Gelblum interrupted the reading to correct the transcript order — jumping back from page 45024 to 45020 to introduce the video exhibit before the related testimony — with Baker graciously accommodating the mid-stream correction.

collegial, administrative

Credibility Attacks (1)

⚔ Bill Renken

normalization / minimization

Baker's cross tried to reduce the significance of Renken's glove observations by establishing that brown gloves were commonplace in cold January weather in Cincinnati, and that many people in the stadium wore gloves of all kinds.

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 8178 • 40 utterances • Plaintiff witness

Civil Trial

Department 103