Recross-examination of Jack McKay (part 1)

📄 Recross-examination of Jack McKay (part 1) — Tuesday, July 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\11\RECROSS-EXAMINATION-OF-JACK-MC.DOC

TRIAL

▲ Day 112 of 167

◀ Redirect examination of Jack McKay (part 1) Redirect examination of Jack McKay (part 2) ▶

Witness: Jack McKay
Examiner: Marcia Clark
Called by: Defense • Date: Tuesday, July 11, 1995 • Utterances: 25

Marcia Clark's brief recross focused on a photograph (Defense 1229) showing OJ Simpson's left hand, with McKay confirming he could see no cuts on it. Clark also got McKay to confirm that in a prior statement, he noted Simpson did not complain of any physical limitations on June 8, 1994 — four days before the murders.

# 1 THE COURT:

Miss Clark.

# 2 MS. CLARK:

Yes. Can I see the photograph, please?

# 3 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 4 MS. CLARK:

Can you see the Defendant's left hand in this photograph, sir? I'm referring to Defense number--

# 5 THE COURT:

1229.

# 6 MS. CLARK:

Thank you.

# 7 MR. MCKAY:

A portion of it, yes.

# 8 MR. COCHRAN:

May we see it up close.

# 9 MS. CLARK:

Why don't we zoom in.

# 10 (Brief pause.)

# 11 MR. COCHRAN:

Maybe we should take the photograph to him, your Honor. I can see it.

# 12 MS. CLARK:

There we go.

# 13 THE COURT:

Miss Clark.

# 14 MS. CLARK:

Thank you.

# 15 MS. CLARK:

Do you see the Defendant's left hand?

# 16 MR. MCKAY:

Yes.

# 17 MS. CLARK:

Do you see any cuts on it?

# 18 MR. MCKAY:

No.

# 19 MS. CLARK:

You all posed together for that photograph, did you not?

# 20 MR. MCKAY:

Yes.

# 21 MS. CLARK:

And that was a Hertz photographer that took the picture; is that correct?

# 22 MR. MCKAY:

Someone hired by Hertz, I believe.

# 23 MS. CLARK:

And with respect to the statement that you gave to the attorney, I'm going to direct your attention to page 2 and point out the second paragraph that consists of one line. In that photograph did you indicate, sir, that the Defendant did not complain of any physical limitations on June the 8th, 1994?

# 24 MR. MCKAY:

That's correct.

# 25 MS. CLARK:

I have nothing further.

Temperature

procedural

Key Quotes (2)

Jack McKay

No.

McKay confirms he sees no cuts on Simpson's left hand in the June 8 photograph — consistent with the defense timeline that the hand injuries came after the murders, not before.

Jack McKay

That's correct.

Confirms his prior statement that Simpson made no complaints of physical limitations on June 8, 1994, undercutting any suggestion of pre-existing injury.

Evidence (2)

Defense 1229

Photograph showing OJ Simpson's left hand, taken by a Hertz-hired photographer on or around June 8, 1994

displayed and examined via zoom; McKay asked to identify hand and assess presence of cuts

Informal

Written statement McKay gave to an attorney, page 2, second paragraph — noting Simpson had no physical complaints on June 8, 1994

referenced to confirm prior statement

Notable Exchanges (1)

Johnnie Cochran•Marcia Clark•Lance A. Ito

Brief logistical back-and-forth about how to show McKay the photograph clearly — Cochran suggests bringing it to the witness, Clark zooms in instead.

routine

Objections

None recorded

Proceeding 6723 • 25 utterances • Defense witness

Criminal Trial

Department 103