Direct examination of Bruce Fromong

📄 Direct examination of Bruce Fromong — Friday, February 7, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\7\DIRECT-EXAMINATION-OF-BRUCE-FR.DOC

TRIAL

▲ Day 56 of 57

◀ Bruce Fromong sworn in Redirect examination of Bruce Fromong ▶

Witness: Bruce Fromong
Examiner: Dan Leonard
Called by: Defense • Date: Friday, February 7, 1997 • Utterances: 107

Bruce Fromong, director of sales for Locker 32 (an O.J. Simpson memorabilia company), testified about the collapse of the market for Simpson's autographs and memorabilia since the criminal verdict. He described a brief frenzy during the criminal trial followed by a near-total market collapse, and provided specific examples of Simpson being rejected from autograph shows due to death threats, athlete boycotts, and promoter fears.

# 1 Q:

Morning, Mr. Fromong.

# 2 A:

Morning.

# 3 Q:

Are you employed?

# 4 A:

I'm currently employed with the Department of Corrections as a material and storage supervisor at Folsom Prison. I'm also self-employed. I deal in wholesale as well as retail memorabilia across the country.

# 5 Q:

And when you say memorabilia, can you tell us what you're referring to, at least in general terms?

# 6 A:

Anything signed. Sports equipment, be it footballs, jerseys, photographs, sports cards, hats, almost anything with a signature on it can be considered memorabilia.

# 7 Q:

Are you the director of sales and marketing for an organization?

# 8 A:

Yes I am.

# 9 Q:

And what is that?

# 10 A:

Locker 32.

# 11 Q:

What is locker 32?

# 12 A:

Locker 32 is a company that primarily deals with O.J. Simpson memorabilia.

# 13 Q:

Do you also -- do you sell other memorabilia from other athletes and celebrities?

# 14 A:

Yes, I do.

# 15 Q:

Can you give us an example?

# 16 A:

Jerry Rice, Joe Montana, Jim Browne, Jim Plunkett. There's a number of different players that I have sold memorabilia for.

# 17 Q:

How long you been doing this?

# 18 A:

I've been in the memorabilia business for approximately 12 years.

# 19 Q:

You always involved in the retail end of the business?

# 20 A:

Yes, I am part owner of a sports card shop in Lincoln City, Oregon.

# 21 Q:

And how long you been involved in the retail end?

# 22 A:

Retail, approximately -- well, with the shop in Oregon, approximately six years. And before that we did what are called sports card shows. We done that two to three years before that.

# 23 THE COURT:

Excuse me. Reporter, you're putting out "sports (The Court reviews realtime computer screen)

# 24 BRUCE FROMONG:

"Cards."

# 25 THE REPORTER:

Oh, thank you.

# 26 Q:

(BY MR. LEONARD) Now, as part of your experience and your duties both in trying -- in selling memorabilia related to Mr. Simpson, also other athletes, celebrities, do you go to the various trade shows and card shows and so forth around the country?

# 27 A:

Quite often. I just returned last week from Super Bowl.

# 28 Q:

Okay. Now -- and have you been doing that for a number of years?

# 29 A:

Yes, I have.

# 30 Q:

Are you familiar with all the large card shows and memorabilia shows?

# 31 A:

Yes, I am.

# 32 Q:

Familiar with the operator shows and --

# 33 A:

Yes, I am.

# 34 Q:

You familiar with their operation?

# 35 A:

Yes.

# 36 Q:

How long have you been involved in the actual selling of Mr. Simpson's autographs and memorabilia?

# 37 A:

I've been with Locker 32 for approximately, I would say it's been five, maybe six years now.

# 38 Q:

Directing your attention to the last two years, can you describe how the market has been for O.J. Simpson memorabilia?

# 39 A:

Before this came up it was like any other athlete, you know, it was -- it was -- stuff sold. After the indictment, then it was like sharks to blood. People started buying more and more and more. And when the verdict came down -- the day before they had a verdict at the first trial, there was -- it was a frenzy. I mean my phone literally rang for 24 hours.

# 40 Q:

So just -- you're identifying the time period the Mr. Simpson was arrested until the verdict came down?

# 41 A:

Yes.

# 42 Q:

Are you saying there was a great demand for Mr. Simpson's memorabilia, signature, autograph and so forth?

# 43 A:

There was a much higher demand, yes.

# 44 Q:

Why was that, in your opinion?

# 45 A:

There was a -- people felt that under California law, if Mr. Simpson had been convicted, he would no longer be able to sign and people wanted his memorabilia, they wanted stuff to remember O.J. Simpson, the football player.

# 46 Q:

Describe the market since the verdict?

# 47 A:

The first few months after the verdict it continued pretty well. Since then it has waned down to almost nothing. In the last six months on the wholesale side I've moved less than 10 pieces. My retail shop in Oregon has sold -- in the last 15 months has sold four pieces.

# 48 Q:

Why is that, sir, in your opinion, based on your knowledge and experience in the market?

# 49 A:

A couple of things. Number one, the market has -- number one, it's become flooded. There's a lot of O.J. Simpson memorabilia out there now. And then along with that a lot of people got a bad taste in their mouth for O.J. Simpson. We've had people come into our retail shop and say how can you carry that, why would you carry that. It's real simple. It's representing O.J. Simpson, the football player.

# 50 Q:

Now, you have had some experience recently at -- you said you just came back from Super Bowl?

# 51 A:

Yes, I did.

# 52 Q:

How did O.J. Simpson memorabilia and articles sell there?

# 53 A:

It didn't.

# 54 Q:

Excuse me?

# 55 A:

It did not sell. We tried. I took out a number of different cards, helmets, and there is -- I could not find a market. With 100 some-odd tables and dealers from around the country, I could not find a single person that wanted to purchase O.J. Simpson memorabilia.

# 56 Q:

Now, in years gone by, you've gone to various shows. In fact, Mr. Simpson has appeared in the past at shows where the athletes showed up and signed autographs and they get a fee?

# 57 A:

That is correct.

# 58 Q:

Has Mr. Simpson been permitted to do that since he's been released from jail, sir?

# 59 A:

No, he has not.

# 60 Q:

Has he in fact been turned down?

# 61 A:

Numerous times.

# 62 Q:

Can you give us some examples?

# 63 A:

The very first one -- we had arranged a sports card show out in Atlantic City, and they tried to move it to New Jersey because of the media and the public.

# 64 Q:

You say New Jersey. As far as I know, last time I checked, Atlantic City was in New Jersey.

# 65 A:

Yes. They were two different places -- they tried at two different places in New Jersey to hold the show because of the media, all the publicity it was getting. The promotor received death threats. He was -- had been threatened with protests. People said they would disrupt the show. Athletes -- there were athletes at the time, from what I was told, I was not told who it was, there were athletes that said they would not appear with Mr. Simpson. And so subsequently the promotor ended up cancelling that appearance.

# 66 Q:

Every year there's a trophy given out for the country's best collegiate football player, the Heismann trophy?

# 67 A:

That is correct.

# 68 Q:

Is there a memorabilia show in conjunction with that?

# 69 A:

Yes. I just returned from New York back in December from a show out in -- that was held -- actually the show itself was held at the Meadowlands.

# 70 Q:

Did you have any success in selling any O.J. Simpson memorabilia?

# 71 A:

I attended the show for two days and was not able to sell one piece of O.J. Simpson memorabilia.

# 72 Q:

Now, you get -- how do you get paid?

# 73 A:

Strictly off of the materials that come to me, when I sell them. I'm told what Locker 32 wants. Basically, it's given to me on a pay as I -- you know, I sell it. I'm told what, you know, what the price is going to be to Locker 32. I mark it up usually 10, 15 percent and resell it. Now some of the stuff I bought outright and I sell myself.

# 74 Q:

So if you don't sell it, you don't make any money?

# 75 A:

That's correct.

# 76 Q:

Were you using your best efforts to sell the O.J. Simpson material, sir?

# 77 A:

I like money. I was trying.

KEY QUOTE

# 78 Q:

Now, Mr. Roesler was on the stand yesterday. He was talking about -- and I think Mr. Gelblum alluded to it this morning as well -- some publications. I think one of them was Tuff Stuff. You familiar with that publication?

# 79 A:

Yes, I am.

# 80 Q:

In the publication there are listings of various prices for those cards?

# 81 A:

Yes.

# 82 Q:

Does that have any meaning at all to you, sir, as far as how much money you can actually make off selling --

# 83 A:

Price guides --

# 84 Q:

-- O.J. Simpson memorabilia?

# 85 A:

Price guides are exactly that. They are a guide. Along with Tuff Stuff you also have Beckett Magazine out of Dallas, Texas, as well as Sports Collectors Digest. They are three of the main publications of the memorabilia world. Those are not viabilities. Those are only, as they say, suggested guides.

# 86 Q:

Some of these guides, there's a rookie card of Mr. Simpson that's listed for what, 600 bucks?

# 87 A:

No, the O.J. Simpson rookie card from 1970 is currently listed for $120. I haven't checked the book in the last couple of months. $120.

# 88 Q:

Okay. And how much can you buy them for?

# 89 A:

When I was out at the Super Bowl show, there was a dealer out there that had three of them in his case. He wanted 50 bucks apiece. And when he left on Sunday, they were still in his case.

# 90 Q:

Okay. You know a fellow named Hessler?

# 91 A:

Yes, I do. He is head of National Pastime.

# 92 Q:

Is he in charge of any of the card shows you've gone to recently, or memorabilia shows?

# 93 A:

Yes, the last one that I attended of his show was the Heismann trophy show out in New Jersey.

# 94 Q:

Did you attempt to place Mr. Simpson there?

# 95 A:

We had talked to Mr. Hessler about it and he said there was no way that he would have Mr. Simpson appear.

# 96 Q:

Now, based on all the information you have and all your experience in selling -- attempting to sell Mr. Simpson's memorabilia, what's your opinion as to the prognosis of the likelihood of being able to sell in the future, sir?

# 97 MR. GELBLUM:

Objection, improper.

# 98 THE COURT:

Sustained.

# 99 MR. LEONARD:

What basis, Your Honor?

# 100 MR. GELBLUM:

Ask for facts; not opinions.

# 101 THE COURT:

You're offering him not as an expert.

# 102 Q:

(BY MR. LEONARD) How much O.J. Simpson memorabilia have you been able to sell in the last year, sir?

# 103 A:

In the last year?

# 104 Q:

Yeah.

# 105 A:

Without looking back into the books, in the last year -- like I say, the last six months, basically almost nil. Before that, like I said, right after the trial it was still going pretty good for the first few months. Then it waned down to like what I say now, basically nothing.

# 106 MR. LEONARD:

I don't have anything else.

# 107 THE COURT:

Cross-examine. CROSS-EXAMINATION BY MR. GELBLUM:

Temperature

procedural

Key Quotes (4)

Bruce Fromong

After the indictment, then it was like sharks to blood. People started buying more and more and more. And when the verdict came down -- the day before they had a verdict at the first trial, there was -- it was a frenzy. I mean my phone literally rang for 24 hours.

Vivid description of speculative demand spike during the criminal trial, establishing the baseline before the market collapse.

Bruce Fromong

I took out a number of different cards, helmets, and there is -- I could not find a market. With 100 some-odd tables and dealers from around the country, I could not find a single person that wanted to purchase O.J. Simpson memorabilia.

Concrete recent data point (Super Bowl show) showing total market failure for Simpson memorabilia.

Bruce Fromong

I like money. I was trying.

Disarming, candid response establishing he had every financial incentive to sell and still could not.

Bruce Fromong

The promotor received death threats. He was -- had been threatened with protests. People said they would disrupt the show. Athletes -- there were athletes at the time, from what I was told... there were athletes that said they would not appear with Mr. Simpson.

Illustrates reputational damage extending beyond consumer distaste to active hostility that shut down professional opportunities.

Evidence (3)

Informal

Tuff Stuff price guide — memorabilia publication listing suggested values

discussed

Informal

Beckett Magazine and Sports Collectors Digest — other major memorabilia price guides

discussed

Informal

O.J. Simpson 1970 rookie card, listed at $120 but unsellable at $50

discussed

Notable Exchanges (2)

Dan Leonard•Bruce Fromong

Leonard asks for Fromong's opinion on future market prognosis; Gelblum objects as improper opinion from a non-expert; Fujisaki sustains; Leonard pivots to factual sales figures instead.

strategic

Dan Leonard•Bruce Fromong

Leonard corrects himself about Atlantic City being in New Jersey, and Fromong explains they attempted two different New Jersey venues — light moment that briefly broke the tone.

light

Light Moments (2)

Hiroshi Fujisaki / Bruce Fromong

Judge Fujisaki interrupted to check the court reporter's realtime screen transcription, and the witness helped by clarifying the word was 'cards' (not whatever garbled output appeared).

Bruce Fromong

When asked if he was using his best efforts to sell Simpson material, Fromong replied simply: 'I like money. I was trying.'

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8925 • 107 utterances • Defense witness

Civil Trial

Department 103