Off-the-record discussion

📄 Off-the-record discussion — Monday, January 13, 1997

Address:

C:\DEPT103\CIVIL\1997\JAN\13\OFF-THE-RECORD-DISCUSSION.DOC

TRIAL

▲ Day 40 of 57

◀ Redirect examination of O.J. Simpson Morning session opening ▶

Date: Monday, January 13, 1997 • Utterances: 11

Outside the jury's presence, Petrocelli sought to add witness Richards to testify about the authenticity of 30 photographs after Simpson testified they were bogus. Baker objected that Simpson himself raised the issue and that Richards cannot be bootstrapped in as an expert. The court declined to authorize technical impeachment on the fraud question but left the door open depending on how the defense proceeds.

# 1 (The following proceedings were held in open court, outside the presence of the jury.)

# 2 THE BAILIFF:

The jurors have now left the courtroom.

# 3 THE COURT:

Go ahead.

# 4 MR. PETROCELLI:

Your Honor, wait till the door closes. (Pause.)

# 5 MR. PETROCELLI:

In view of Mr. Simpson's testimony that these 30 pictures are bogus, I would like Mr. Richards to testify about this subject. And I'm more than happy to make him available first thing in the morning to give a deposition on the subject, if they would like. But I believe that they've now put this issue into play, and we need to -- we'd like to put Mr. Richards on, in addition to the Scull photo, to talk about these photos.

KEY QUOTE

# 6 MR. BAKER:

That's a very interesting concept, that we have put the issue in play. I didn't ask any question about those shoes. He put the issue in play. He cannot now bootstrap this individual into being an expert for these photographs. And we've argued this. And I think the record is clear on our position, and our position, I believe, is clear on the issue.

# 7 MR. PETROCELLI:

We've argued it, too, Your Honor. I mean, he was impeached by those photographs. He now says they're a fraud. And we are entitled to respond to that. And we can respond to that by demonstrating that they're not a fraud. And it's not -- it wasn't our choice that he was going to give the testimony he did, and then get caught by these 30 photos. We had no way of knowing that. It was his choice.

# 8 THE COURT:

Well, Mr. Petrocelli, you have offered those photographs. You indicated you're going to lay foundation for the photographs. You may do all that. But I'm not looking towards technical impeachment with regards to the issue of whether they're a fraud or not, because there's nothing to impeach at this point, other than bare-faced denial.

# 9 MR. PETROCELLI:

Well, if they try to attack them, then that's what we'll do.

# 10 THE COURT:

We'll cross that bridge when we get to it.

# 11 MR. PETROCELLI:

Fair enough. (At 4:30 P.M., an adjournment was taken until Tuesday, January 14, 1997, at 8:30 A.M.)

Temperature

tense

Key Quotes (4)

MR. PETROCELLI

In view of Mr. Simpson's testimony that these 30 pictures are bogus, I would like Mr. Richards to testify about this subject.

Reveals that Simpson directly attacked the authenticity of photographs that implicated him, triggering a prosecution response.

MR. BAKER

He cannot now bootstrap this individual into being an expert for these photographs.

Baker's core objection — framing Richards' addition as opportunistic overreach by the plaintiff.

MR. PETROCELLI

He was impeached by those photographs. He now says they're a fraud. And we are entitled to respond to that.

Petrocelli's rationale: Simpson opened the door by calling the photos fraudulent, entitling plaintiffs to rehabilitate them.

THE COURT

I'm not looking towards technical impeachment with regards to the issue of whether they're a fraud or not, because there's nothing to impeach at this point, other than bare-faced denial.

Fujisaki limits the scope of any rebuttal — Simpson's denial alone does not open the door to a full expert counter-attack yet.

Evidence (2)

Informal

30 photographs Simpson testified were bogus/fraudulent

discussed — plaintiff seeks to lay foundation and add expert witness to authenticate

Informal

Scull photo

referenced by Petrocelli as part of planned foundation testimony

Notable Exchanges (1)

MR. PETROCELLI•MR. BAKER•THE COURT

Dispute over whether Simpson's fraud claim about the 30 photos entitles plaintiffs to add Richards as an authenticating expert witness. Court declines to authorize technical impeachment but reserves judgment.

strategic

Credibility Attacks (1)

⚔ OJ Simpson

photographic impeachment

Simpson was confronted with 30 photographs during testimony and responded by calling them bogus/fraudulent, prompting the plaintiff to seek expert testimony to authenticate them.

Objections

None recorded

Proceeding 8781 • 11 utterances

Civil Trial

Department 103