📄 Cross-examination of Dr. Robert Huizenga (part 2) — Friday, July 14, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\14\CROSS-EXAMINATION-OF-DR-ROBERT.DOC
TRIAL
▲ Day 115 of 167

Cross-examination of Dr. Robert Huizenga (part 2)

Witness: Dr. Robert Huizenga
Examiner: Brian Kelberg
Called by: Defense • Date: Friday, July 14, 1995 • Utterances: 430
Prosecution attorney Brian Kelberg continued his cross-examination of defense medical expert Dr. Robert Huizenga, methodically attacking the completeness and documentation of his orthopedic examination of Simpson on June 15 and 17, 1994. Kelberg used lab results (CRP, RA Quant, sedimentation rate) to undermine claims of acute rheumatoid arthritis, and forced Huizenga to admit that none of his medical findings would have prevented Simpson from committing murder. The session also touched on the healing process of wounds and whether the ragged appearance of Simpson's hand cuts could be explained by normal tissue repair rather than the weapon type.
1 (The following proceedings were held in open court:)
2 THE COURT:

All right. Thank you very much, counsel.

3 MR. KELBERG:

Thank you.

4 MR. KELBERG:

Now, doctor, on the 17th, if you felt that you had been unable to adequately examine Mr. Simpson on the 15th, you had an opportunity to conduct any additional examinations you required; isn't that correct?

5 DR. HUIZENGA:

That is correct.

6 MR. KELBERG:

What additional physical examination of Mr. Simpson did you conduct on the 17th?

7 DR. HUIZENGA:

On the 17th, basically there was a reevaluation of his mental status. On the--

8 MR. KELBERG:

That's not a physical examination. That's a mental status examination; is that correct?

9 DR. HUIZENGA:

Part of the neurologic evaluation.

10 MR. KELBERG:

Were you conducting the neurological evaluation?

11 DR. HUIZENGA:

Yes, I was. That's part of the physical.

12 MR. KELBERG:

And, doctor, do you have any specialized training in psychology, psychiatry or neurology?

13 DR. HUIZENGA:

Being a general internist, I guess is--you know, considering 50 percent of the patients are non-concrete medical diagnosis cases, that would be I guess the extent of it.

14 MR. KELBERG:

Fair to say as an internist, you're supposed to be a Jack of all trades, but not necessarily an expert in any particular subspecialty of medicine?

15 DR. HUIZENGA:

That's correct.

16 MR. KELBERG:

All right. What other physical examination if any did you conduct on the 17th?

17 DR. HUIZENGA:

On the 17th--may I refer to my notes?

18 MR. KELBERG:

Sure.

19 (Brief pause.)
20 MS. CLARK:

Your Honor, with the Court's permission, may we remove the board?

21 MR. KELBERG:

I don't think we're going to be using that exhibit with this witness, your Honor.

22 THE COURT:

All right. Be careful, Miss Clark.

23 DR. HUIZENGA:

Don't pull a muscle. Basically what I did was, no. 1, to reassess the patient's mental status; no. 2, to, most importantly, from the internal medicine standpoint, take another swing at this very perplexing constellation of findings with the drenching night sweats, the family history and personal history of cancer, the carcinoid cancer, which was assumed to be benign initially, and the modest elevation in the sedimentation rate and his finger clubbing. Also, we rethought about various aspects there. Obviously considering the magnitude of the case and I was the only one feeling his lymph nodes originally, I repeated that exam and looked at all the lymph node areas very closely.

24 MR. KELBERG:

You didn't find any enlarged lymph node under the left armpit, did you, at that time?

25 DR. HUIZENGA:

I did not.

26 MR. KELBERG:

You had previously identified an enlarged lymph node under the right armpit; is that right?

27 DR. HUIZENGA:

That is correct.

28 MR. KELBERG:

And I'll touch base with you on this a little bit further. By the way, are those some notes you have?

29 DR. HUIZENGA:

Yes, they are.

30 MR. KELBERG:

Could I approach, your Honor?

31 THE COURT:

Yes.

32 MR. KELBERG:

I think I have those.

33 DR. HUIZENGA:

Okay.

34 MR. KELBERG:

What else if anything, doctor?

35 DR. HUIZENGA:

Well, the other issues that I was--attempted to do that day was, we were doing a very sophisticated evaluation of his bleeding function and basically went through another history pertinent to whether he had any tendency to bleed excessively or to clot excessively, any problem of that nature. I also wanted to look very carefully whether, given my fears of cancer at that time, there was any brain condition that would be pertinent and went through a neurologic examination at that time. I also of course, given the constraints and my suspicion also of infection being high, wanted to repeat a temperature. And the skin tests were also felt to be important based on his initial constellation of complaints and skin tests, both cocci, tuberculosis and mumps skin test as a control replace, and, again, we then were able to send off a whole litany of esoteric serology tests and coagulation tests at that time. And those were the major thrusts of my reevaluation at that time. It was mainly to do laboratory very frankly, but--

36 MR. KELBERG:

And the bottom line, doctor, is, you did no further orthopedic evaluation of Mr. Simpson on the 17th; isn't that correct?

37 DR. HUIZENGA:

No. That would be incorrect.

38 MR. KELBERG:

The evaluation of the hand injuries?

39 DR. HUIZENGA:

Basically watching him walk is an evaluation of his orthopedic condition.

40 MR. KELBERG:

Did you make some note of how he walked in your progress notes?

41 DR. HUIZENGA:

I believe--that is not--I don't have an orthopedic evaluation in the notes there.

42 MR. KELBERG:

And, doctor, again, those notes were to highlight what you thought to be the most significant findings, correct?

43 DR. HUIZENGA:

Given the whole scenario to do, correct, what I thought was the most significant findings and that--in the constraints of time that I put down and dictated immediately there, yes.

44 MR. KELBERG:

Well, again, did you feel constraints of time that precluded you from doing an orthopedic examination that you felt you were precluded from doing on June 15th because of the press of other business?

45 MR. SHAPIRO:

Your Honor--

46 MR. KELBERG:

No. I'm talking about the press of other business on the 15th.

47 MR. SHAPIRO:

May we approach? On the 15th.

48 DR. HUIZENGA:

The orthopedic evaluation was extremely complete on the 15th. You are correct that the description of the gait was omitted, and that's a correct observation on your part.

49 MR. KELBERG:

You said your orthopedic exam on the 15th was complete; is that correct?

50 DR. HUIZENGA:

That's correct.

51 MR. KELBERG:

Thorough?

52 DR. HUIZENGA:

Yes.

53 MR. KELBERG:

And in fact, as an internist, you are trained how to conduct a hand examination to assess the distinction between osteoarthritis and rheumatoid arthritis; isn't that correct?

54 DR. HUIZENGA:

No, that is not correct. That would be quite a specialized or very difficult differentiation.

55 MR. KELBERG:

Doctor, have you ever had training and experience in identifying osteoarthritis based upon the hard nature, the bony nature of the sensation when you feel around the joint such as the proximal interphalangeal joint of one of the fingers?

56 DR. HUIZENGA:

I think the crepitation, the noise and the creaking that you feel when you move joints can be very difficult to differentiate on that basis alone rheumatoid from osteoarthritis.

57 MR. KELBERG:

That was not my question, doctor. My question is that when you feel the area of the joint, it feels, in osteoarthritis, hard bony like, which is different than it feels if it's rheumatoid arthritis. Ever had any training in that, doctor?

58 DR. HUIZENGA:

Well, I think that there are different phases of osteoarthritis. There are early phase where it can be quite--

59 MR. KELBERG:

Excuse me. I move to strike as nonresponsive. The question is asking if he's had training to identify osteo--

60 THE COURT:

Sustained.

61 MR. KELBERG:

Doctor, my question--and please listen to the question carefully.

62 DR. HUIZENGA:

Okay.

63 MR. KELBERG:

In your training, have you been taught for identifying osteoarthritis, that when you feel around the joint, you expect to find a hardening type of feeling, a bony type of feeling?

64 DR. HUIZENGA:

Yes.

65 MR. KELBERG:

And have you also been taught--rheumatoid arthritis is an inflammatory disease; is it not?

66 DR. HUIZENGA:

Yes, it is.

67 MR. KELBERG:

Were you taught that when you feel around that same joint from rheumatoid arthritis, it would feel soft in nature?

68 DR. HUIZENGA:

"Boggy" is the word that we typically use.

69 MR. KELBERG:

Well, if a rheumatologist used "Soft," would you accept that?

70 DR. HUIZENGA:

Yes, I would.

71 MR. KELBERG:

And, doctor, so you've had some experience, haven't you, in examining the joints to distinguish the sensation of hardness versus softness?

72 DR. HUIZENGA:

Yes, I have.

73 MR. KELBERG:

Now, doctor, did Mr. Simpson ever complain to you on the 15th that he suffered from rheumatoid arthritis?

74 DR. HUIZENGA:

He did not tell me on the 15th that he was suffering from rheumatoid arthritis.

75 MR. KELBERG:

And in fact, in your report, you make mention of a Dr. Maltz, m-a-l-t-z, and you list him as a rheumatologist; is that correct?

76 DR. HUIZENGA:

That is correct.

77 MR. KELBERG:

So at that time, did you expect or believe that Mr. Simpson had at least been seen by somebody specializing in rheumatoid arthritis?

78 DR. HUIZENGA:

I knew he had been seen by someone specialling in rheumatoid arthritis, I knew he had a family history of rheumatoid arthritis. He was vague on exactly whether he had rheumatoid arthritis or it was a questionable disease. He was exhibiting many of the clinical features of rheumatoid arthritis, although the features which include symmetrical arthritis, greater than three joint areas, the hand and wrist involvement as well as certain other clinical findings in rheumatoid arthritis can be relatively difficult and there can be overlap with osteoarthritis.

So very frankly, there was some confusion on the 15th about exactly what types of arthritis there were. And I think in arrears, it turned out that he is a--quite a strong denier of the rheumatoid arthritis, and that's part of the problem and why he went off his rheumatoid arthritis--he never really accepted that he had rheumatoid arthritis and he certainly was not admitting it to me on that exam, although I kind of figured it out based on the doctors he went to and some of the things that he had been through and the medications that he had been exposed to. But that was definitely not clear on the 15th.

79 MR. KELBERG:

Doctor, is it your testimony you specifically asked Mr. Simpson on June 15th, "Do you suffer from rheumatoid arthritis"?

80 DR. HUIZENGA:

I did not ask him that.

81 MR. KELBERG:

And where in your report if anywhere is there any aspect in which you've described his equivocation regarding possible rheumatoid arthritis as you've just testified?

82 DR. HUIZENGA:

There are numerous areas where I didn't dictate it in. We talked straight through and--I don't have two hours of dictated notes in that, no. That's a collation, and some of the important things, as you've pointed out, may have been omitted and that's--and that would be, you know, an error and alls I can do is say what happened.

83 MR. KELBERG:

Now, doctor, in doing a careful hand examination, did you try and evaluate whether there was a bony hard sensation around the hand joints versus a soft sensation?

84 DR. HUIZENGA:

Yes, I did.

85 MR. KELBERG:

And where if at all did you record your findings regarding those observations?

86 DR. HUIZENGA:

Well, I'd have to look. If I didn't, I didn't.

87 MR. KELBERG:

Okay. If you would please look.

88 (Brief pause.)
89 DR. HUIZENGA:

That's not listed. Again, I did every single orthopedic area, every single neurologic area and didn't mention some of the things, and certainly in his case, they were more consistent with osteoarthritis because they were quite firm and bony.

90 MR. KELBERG:

Doctor, in fact, let me--I'm going to mark your report, if I could, your Honor, as--

91 MR. KELBERG:

I'm sorry. I do not know what the last People's exhibit--

92 THE COURT:

507.

93 MR. KELBERG:

So this becomes 508 or--

94 THE COURT:

507.

95 (Peo's 507 for id = report)
96 MR. KELBERG:

May it be marked, your Honor--it has page numbers or chronological numbers from one of those continuous counters that starts on 433 and ends with 440--collectively then as 507?

97 THE COURT:

507.

98 MR. KELBERG:

And if I could ask Mr. Fairtlough to help me out, putting on page 5 of this report. Could we--I'm sorry, Mr. Fairtlough--raise it so we can get the bottom part of the document?

99 THE COURT:

All right. Doctor, do you have the original in front of you?

100 DR. HUIZENGA:

Yes, I do.

101 MR. KELBERG:

Page 5, doctor.

102 THE COURT:

Easier to read.

103 MR. KELBERG:

And in fact, Mr. Fairtlough, the only one I'm interested in is the last one there, "Ortho."

104 MR. KELBERG:

Doctor, that is the complete summary of your orthopedic examination on June 15th, 1994 of Mr. Simpson; is it not?

105 DR. HUIZENGA:

Yes, it is.

106 MR. KELBERG:

Now, doctor, if you're concerned about rheumatoid arthritis, there's something called a grip test that can be done, isn't there?

107 DR. HUIZENGA:

Yes, there is.

108 MR. KELBERG:

And that's a very simple test to do; is there not--is it not?

109 DR. HUIZENGA:

It requires some specialized things because typically you do it with a bulb with a gauge, and we don't have that at our office.

110 MR. KELBERG:

Well, doctor, can't it be done in fact using a blood pressure device? You do have a blood pressure device, you know, those cuff things that you pump up and then you have a column, a sphygmomanometer I think is the fancy name for it, right?

111 DR. HUIZENGA:

We do have that.

112 MR. KELBERG:

And in fact, if you wanted to do a grip test, all you have to do is roll the cuff up, have Mr. Simpson put it in his hand, pump it up to about 20 millimeters of mercury and then have him squeeze and watch on the column to see how high he can get the little mercury thing to go, right?

113 DR. HUIZENGA:

I think a much better and simpler test is just to do a grip test right on two fingers, and that was done.

114 MR. KELBERG:

Well, doctor, excuse me. That's not the question I asked. You could have done this test; could you not?

115 DR. HUIZENGA:

I could have done that test, but that's not a typical thing to do and would be totally inappropriate for this exam.

116 MR. KELBERG:

If a rheumatologist said it's a very typical test to do and gives you some objective standard because you can measure it against the column level of mercury, would you have any basis to disagree with that, sir?

117 MR. SHAPIRO:

Objection. Calls for hearsay.

118 THE COURT:

Overruled.

119 MR. KELBERG:

You may answer the question.

120 DR. HUIZENGA:

Yeah, I would say that that's totally inappropriate because basically, here's a patient that came to my office for an evaluation of his mental state and to try to see if there are any extenuating circumstances in his current situation. The rheumatologic evaluation, the orthopedic evaluation is a total throw away. This is something that I was not asked to do, had no pertinence as far as I was concerned that day. I was particularly interested in, a, his mental status, which was why I was called to see him. No. 2, I was very interested about trauma, and I looked very carefully for any evidence of acute problems or any damage that he sustained. The entire orthopedic exam for--if--if--I think what we need to do is review a typical one- or two-hour evaluation in the community at large, the United States. I think that that's--that's quite an adequate evaluation. The rheumatologic evaluation when there was still some questions--at this point in time, I had no old records, I had no indication that he had rheumatoid arthritis. I think to do a grip test with a sphygmomanometer would have been wholly inappropriately especially since his grip was tested because I did that in the thorough neurologic exam when we test his median nerve. You do basically a wrist dorsi flexion strength, you do a grip and you do the fingers apart and that tests the three different nerves coming down the arm. And so I think it would be quite repetitive and I don't really see why you would gain any information. I'm not sure why you would be going in that direction in a person where it didn't appear to be an appropriate thing to do in the first two days of this particular man's evaluation, and that didn't seem to be in his--you know, it didn't seem to be something that was time efficacious or cost efficacious or appropriate at that time given, you know, the situation.

121 MR. KELBERG:

Cost--

122 THE COURT:

Hold on. Let him take a breath. Let the court reporter catch up. All right. Doctor, would you please slow down.

123 MR. KELBERG:

Cost efficacious, doctor?

KEY QUOTE
124 DR. HUIZENGA:

One of those buzz words that you hear every day in medicine nowadays.

125 MR. KELBERG:

In fact, didn't you send Mr. Shapiro--indicating you were going to bill all of this through Mr. Simpson's insurance?

126 DR. HUIZENGA:

Yes, I did.

127 MR. KELBERG:

So is it your statement, doctor, that you did not do a complete and thorough orthopedic exam, that what you did was a throw-away exam?

128 DR. HUIZENGA:

I did a complete and thorough orthopedic exam. Typically what you do is, when you get an abnormality, then you go further on it. In other words, if I had done a grip test here, which is basically asking you to squeeze as hard as you can, if that grip test is abnormal and you are following them as a rheumatologist on an ongoing basis, then to do that test is perfectly appropriate when you have a situation like this and individual who is in the state he was in, who is having trouble staying awake because of sleep deprivation. To be going through esoteric tests that are really not of any immediate value I think would be absolutely inappropriate. So I absolutely have to disagree with you.

KEY QUOTE
129 MR. KELBERG:

Doctor, where is it recorded the grip strength test result in your report of June 15th?

130 DR. HUIZENGA:

Well, there are numerous things that are normal that aren't reported. As I said, two hours of our interreaction are certainly not recorded here.

131 MR. KELBERG:

So your opinion was, from the grip test, that Mr. Simpson, whatever the findings with respect to the enlarged area of the joints, he had normal grip strength in your judgment, correct, doctor?

132 DR. HUIZENGA:

That is correct.

133 MR. KELBERG:

And there was nothing of urgency--I mean, you told us on direct examination about, he's going to be a candidate for a knee replacement I think was what you said; is that correct?

134 DR. HUIZENGA:

That's correct, down the line.

135 MR. KELBERG:

Down the line, there was no evidence that you felt apparent at that time that Mr. Simpson needed a knee replacement, right, on June 15th?

136 DR. HUIZENGA:

On June 15th, I think there was because he had significant crepitation, he had significant pain and he had, by history, significant limitations that were affecting the quality of life. And knowing the natural history, again, based on some information that was given to me later in terms of review of x-rays and further history, on further information, that opinion was based, not solely on what I found history and physical wise on the 15th.

137 MR. KELBERG:

Well, doctor, what my question was though--and, please, again, if you would listen carefully to the question. My question was, on the 15th, did you think he needed a knee replacement?

138 DR. HUIZENGA:

On the 15th, I thought that he was in trouble with his knee and his ankle, and my plan was, based on the fact that I didn't really have a tremendous high suspicion about the rheumatoid arthritis, was that he needed an orthopedic reevaluation. And that was one of my initial points; is that when this whole thing was cleared up, he needed some help with his knee and his ankle so that he would be able to play golf and not be in the pain every morning that he was in.

139 MR. KELBERG:

Your Honor, I must move to strike as nonresponsive. My question asked him did he need--

140 THE COURT:

I understand. Just ask the question again.

141 MR. KELBERG:

Doctor, please listen. My question was, on June 15th, did Mr. Simpson in your opinion need a knee replacement?

142 DR. HUIZENGA:

He did not need a knee replacement on the 15th.

143 MR. KELBERG:

And in fact, you made no effort to have him seen by an orthopedist after June 15th, between the June 15th and June 17th examinations; is that correct?

144 DR. HUIZENGA:

The orthopedic problems were chronic and something that would bother him over a many year period and were not of an acute nature, certainly not as acute as his other pressing problems.

145 MR. KELBERG:

And in fact, your opinion was that he had no evidence of an acute arthritic problem, that is a flare-up of any arthritic condition, whether it be osteoarthritis or rheumatoid arthritis on June 15th, 1994; is that correct, doctor?

146 DR. HUIZENGA:

That is not correct.

147 MR. KELBERG:

Well then, doctor, what evidence did you have that he had an acute flare-up of either the osteo or the rheumatoid?

148 DR. HUIZENGA:

Some of which came by in terms of arrears. But he had a very painful knee, he had a very painful ankle, and those conditions subsequently responded to treatment. Also, when we found out that the drenching night sweats and some of his other systemic symptoms responded to rheumatoid arthritis treatment, some of this is deduced in arrears. But when he came to me, he was--he had joint pain and it was unclear what the exact ideology was.

I made the assumption originally based on his history and my physical exam that they were predominantly orthopedic problems based on his previous wear and tear injuries. I think that based on further work-up of his drenching night sweats and enlarged lymph node, which I believe indicated rheumatoid arthritis in the end, and the fact that I found out later he had unbeknownst to me stopped his rheumatoid arthritis medication approximately a month ago, that some of his problems which then subsequently cleared significantly were due to rheumatoid arthritis. But it was very difficult for me given the constraints at that time and the fact that I didn't get a full history and therefore couldn't do some of the specialized testing you're indicating it would have been nice to do, that I wasn't able to deduce that right on the 15th.

149 MR. KELBERG:

Your Honor, I've asked Mr. Fairtlough now to put up page 6, doctor, of your report, at least the copy I've been provided, and it lists, at least on the copy I have, various what are under assessment plan--

150 DR. HUIZENGA:

Uh-huh.

151 MR. KELBERG:

--15 various items; is that correct?

152 DR. HUIZENGA:

16 items. Correct.

153 MR. KELBERG:

Well, this one shows items 2 through 16.

154 DR. HUIZENGA:

Okay.

155 MR. KELBERG:

It does not know item 1.

156 DR. HUIZENGA:

Remembering that item 1 took 40 percent of--

157 THE COURT:

Hold on. Hold on. None--there's not a question pending.

158 MR. KELBERG:

This document shows--this is the document I've been provided. It shows items 2 through 16, right, doctor?

159 DR. HUIZENGA:

Yes, it does.

160 MR. KELBERG:

Now, doctor, in essence, is this your effort to summarize in order of significance your findings?

161 DR. HUIZENGA:

No.

162 MR. KELBERG:

Is it an effort to identify any abnormality of your findings?

163 DR. HUIZENGA:

It's a review--it's a review process where I try to lump different symptoms into broad categories so that I could rethink his various problems, but not necessarily on a direct prioritization, although typically no. 1 is your main problem.

164 MR. KELBERG:

Now, doctor--and whatever no. 1 may be, it wasn't acute rheumatoid arthritis, right?

165 DR. HUIZENGA:

That is correct.

166 MR. KELBERG:

It wasn't acute osteoarthritis, was it?

167 DR. HUIZENGA:

That is correct.

168 MR. KELBERG:

It wasn't anything orthopedic?

169 DR. HUIZENGA:

That is correct.

170 MR. KELBERG:

It wasn't anything that dealt with his physical capability to murder two human beings on June 12th, 1994, was it?

171 MR. SHAPIRO:

Objection. Argumentative.

172 THE COURT:

Sustained. Rephrase the question.

173 MR. KELBERG:

Doctor, was item no. 1 anything to do with Mr. Simpson's physical ability to murder two human beings on June 12th, 1994?

174 MR. SHAPIRO:

Objection to that.

175 THE COURT:

Sustained. Rephrase the question.

176 MR. KELBERG:

Doctor, was there any finding made by you in--covered in whatever item no. 1 is which dealt with any physical limitation of Mr. Simpson's which in your opinion would have prevented him from murdering two human beings using a single-edged knife on June 12th of 1994?

177 MR. SHAPIRO:

Objection. Objection.

178 THE COURT:

Overruled.

179 MR. KELBERG:

You may answer the question, doctor.

180 DR. HUIZENGA:

No, there was not.

181 MR. KELBERG:

And there is no entry here on the 2 through 16 that are listed for an acute phase of any kind of arthritis, right?

182 DR. HUIZENGA:

That's incorrect.

183 MR. KELBERG:

Where, doctor, is there a reference to an acute episode of arthritis?

184 DR. HUIZENGA:

Well, the right angle instability in the--is of unknown duration. You know, I wrote basically "Right ankle instability with chronic pain," but I thought that that could be an acute problem. And of course, the left knee was very bothersome. I had no idea whether that was acute, better or worse. I just knew it looked bad at that point.

185 MR. KELBERG:

Doctor, the terms "Acute" and "Chronic" are medical terms that have significance, don't they?

186 DR. HUIZENGA:

Yes, they do.

187 MR. KELBERG:

Did you use the word "Acute" to describe any of those findings?

188 DR. HUIZENGA:

I did not use the word "Acute," no.

189 MR. KELBERG:

And in fact, you specifically used the word "Chronic" to describe the right angle instability, meaning it's been of long-standing duration?

190 DR. HUIZENGA:

That was what I wrote, right.

191 MR. KELBERG:

Now, doctor, you had some laboratory tests done, did you not--

192 DR. HUIZENGA:

Yes.

193 MR. KELBERG:

--from a sample drawn on June 15th?

194 DR. HUIZENGA:

Yes, I did.

195 MR. KELBERG:

And you had some more lab work done on a sample drawn on June 17th. That's the one in the photograph where Mr. Simpson appears to be grimacing in reaction to the needle extracting the blood; is that correct?

196 DR. HUIZENGA:

That's correct.

197 MR. KELBERG:

Incidentally, you have no idea on the 17th whether Mr. Simpson was putting on an act of the pain relationship to having the needle injection or the needle inserted to withdraw the blood or in fact he really was reacting to pain from that procedure, right? You have no way of knowing?

198 DR. HUIZENGA:

No, I have no way of knowing.

199 MR. KELBERG:

But you do know he was seeing you at the request of his attorney again; isn't that correct?

200 DR. HUIZENGA:

I was asked to make a house call to further evaluate a variety of medical problems.

201 MR. KELBERG:

My question was, you did know on the 17th that you were seeing him again at the request of his attorney?

202 DR. HUIZENGA:

Yes.

203 MR. KELBERG:

This was not a situation of a patient calling you up and saying, "I'd like to come in and be evaluated," right?

204 DR. HUIZENGA:

That's correct.

205 MR. KELBERG:

Now, doctor, let's start with the laboratory tests. If one were looking for evidence of acute rheumatoid arthritis--

206 MR. KELBERG:

And, your Honor, I have another document to be marked. It's got our page number 446. May this be then I guess it's 508?

207 THE COURT:

508.

208 (Peo's 508 for id = document)
209 MR. KELBERG:

And because I think it might go faster, I'm going to hold on to it and do the marking and then ask Mr. Fairtlough to put it up on the--

210 THE COURT:

All right.

211 MR. KELBERG:

And may I approach to show the document?

212 THE COURT:

You may. Mr. Shapiro, do you have this item?

213 MR. SHAPIRO:

Yes.

214 MR. KELBERG:

All right. Doctor, there is a lab test done for something called CRP. That's one of the tests, right?

215 DR. HUIZENGA:

Uh-huh.

216 MR. KELBERG:

That's a yes?

217 DR. HUIZENGA:

Yes, it is.

218 MR. KELBERG:

And CRP is a protein that's generated from the liver; is it not?

219 DR. HUIZENGA:

Yes, it is.

220 MR. KELBERG:

And it can be generated in response to inflammation in the body; is that correct?

221 DR. HUIZENGA:

Yes, it can.

222 MR. KELBERG:

What was the result on that test?

223 DR. HUIZENGA:

That result was negative.

224 MR. KELBERG:

And in fact, if somebody had--and when I use the term "Acute," I'm talking about an onset, not a chronic problem, but one where you've got an onset of new symptoms or renewed pain, that kind of thing. You understand how I'm using the term?

225 DR. HUIZENGA:

Sure.

226 MR. KELBERG:

If one had an acute onset of rheumatoid arthritis episode, one would expect to see a positive CRP very quickly, wouldn't you?

227 DR. HUIZENGA:

Typically it should be elevated.

228 MR. KELBERG:

Within 12 to 24 hours, right? Is that correct?

229 DR. HUIZENGA:

That's correct.

230 MR. KELBERG:

And it would then come down only after the episode, the acute episode had passed; is that correct?

231 DR. HUIZENGA:

That's correct.

232 MR. KELBERG:

Now, there is something else called an RA Quant test, right?

233 DR. HUIZENGA:

Right.

234 MR. KELBERG:

And that is another aspect of looking for a finding associated with rheumatoid arthritis, right?

235 DR. HUIZENGA:

That is correct.

236 MR. KELBERG:

And would it be accurate to say that the RA test is a slower test to show the presence of an acute episode of rheumatoid arthritis than the CRP test?

237 DR. HUIZENGA:

I think that would be fair.

238 MR. KELBERG:

Are you speculating or do you actually have some understanding of this area?

239 DR. HUIZENGA:

The exact time course I wouldn't claim to be an expert on.

240 MR. KELBERG:

I'm asking Mr. Fairtlough now to put this exhibit 4--I'm sorry--508 up, and I've outlined in blue the two areas we've been talking about. Now, the first area--and Mr. Fairtlough's got it there--that's what we were talking about, this CRP, this liver-generated protein, right?

241 DR. HUIZENGA:

Correct.

242 MR. KELBERG:

And if we move to the right where it says "Neg," that's the test result, correct?

243 DR. HUIZENGA:

That's correct.

244 MR. KELBERG:

If we move to the next full word, "Negative," and go up a bit, there's some preprinted information reference range; is that correct?

245 DR. HUIZENGA:

That's correct.

246 MR. KELBERG:

And that is to give the doctor some indication of what you would expect in a healthy patient, right?

247 DR. HUIZENGA:

That is correct.

248 MR. KELBERG:

And so in this particular test for CRP Quant, it's negative, which is exactly what you would expect in the healthy patient, right?

249 DR. HUIZENGA:

That is correct.

250 MR. KELBERG:

Now, if we drop down to the next outlined area, RA Quant, you see that?

251 DR. HUIZENGA:

Yes, I do.

252 MR. KELBERG:

And the result, doctor, that's a little mathematical symbol meaning less than 17.3, whatever units are being used, right?

253 DR. HUIZENGA:

That's correct.

254 MR. KELBERG:

And the reference range for a normal person would be any result which was less than 20.0, correct?

255 DR. HUIZENGA:

That's correct.

256 MR. KELBERG:

So, again, a normal result for Mr. Simpson; isn't that correct?

257 DR. HUIZENGA:

That's correct.

258 MR. KELBERG:

And again, this would suggest that Mr. Simpson did not have an active episode of rheumatoid arthritis, correct?

259 DR. HUIZENGA:

It would be on that side.

260 MR. KELBERG:

And, doctor, then you talked about something called a sedimentation rate test, right?

261 DR. HUIZENGA:

That's correct.

262 MR. KELBERG:

And that was done on the 17th; is that correct?

263 DR. HUIZENGA:

No. That was done on the 15th.

264 MR. KELBERG:

I'm sorry. The test results we're looking at--are you sure about that?

265 DR. HUIZENGA:

There was one done on the 15th and the 17th.

266 MR. KELBERG:

All right. If we could--

267 MR. KELBERG:

Mr. Fairtlough, you see where it says "Date collected"? There we go.

268 MR. KELBERG:

That's to reference when the blood sample was drawn, right? Is that correct, doctor?

269 DR. HUIZENGA:

That's correct.

270 MR. KELBERG:

So this test, series of tests is from a blood sample of Mr. Simpson's drawn on June 15th?

271 DR. HUIZENGA:

That's correct.

272 MR. KELBERG:

By the way, did Mr. Simpson grimace when blood was drawn on the 15th?

273 DR. HUIZENGA:

I wasn't in the room when he had his blood drawn. So I can't answer that.

274 MR. KELBERG:

All right. Now, on this document, is there any reference to a sedimentation rate test?

275 DR. HUIZENGA:

No, there is not on this document.

276 MR. KELBERG:

Doctor, would you pull out whatever result you have of a sedimentation rate test done from a sample drawn on the 15th?

277 DR. HUIZENGA:

Okay.

278 (Brief pause.)
279 DR. HUIZENGA:

I know it's in here. Here it is.

280 MR. KELBERG:

May I approach, your Honor?

281 THE COURT:

Yes, you may.

282 MR. KELBERG:

And, doctor, let me get the page number then so that I'll have a reference on that. This is on page I think 450 for counsel's information. Doctor, this form.

283 MR. KELBERG:

And, your Honor, may this be marked as 509, please?

284 THE COURT:

Yes. People's 509.

285 (Peo's 509 for id = document)
286 MR. KELBERG:

And, Mr. Fairtlough, you're going to have to move it down.

287 MR. KELBERG:

Doctor, that shows a sedimentation rate of 24; is that correct?

288 DR. HUIZENGA:

That's correct.

289 MR. KELBERG:

That's handwritten; is that correct?

290 DR. HUIZENGA:

That's correct.

291 MR. KELBERG:

What's the source for that?

292 DR. HUIZENGA:

Our lab in our office.

293 MR. KELBERG:

I'm sorry?

294 DR. HUIZENGA:

Our lab in our office.

295 MR. KELBERG:

So that was a test that was done in your office?

296 DR. HUIZENGA:

That's correct.

297 MR. KELBERG:

The other test results were sent out?

298 DR. HUIZENGA:

The other test results were sent out. In other words, we did an initial CBC. You can see that that's part of it. So that's his complete blood count because we wanted to know instantly what his white blood count was.

299 MR. KELBERG:

Done in your office?

300 DR. HUIZENGA:

Done in our office including a sedimentation rate.

301 MR. KELBERG:

That has a computer generated printout; does it not?

302 DR. HUIZENGA:

Yes, it does.

303 MR. KELBERG:

Why is there not a similar formalized printout of the sedimentation rate?

304 DR. HUIZENGA:

Because at that time, we didn't have the computer software to print it all out.

305 MR. KELBERG:

Now, you had a second sedimentation rate test run on a sample from the 17th; is that correct?

306 DR. HUIZENGA:

That's correct.

307 MR. KELBERG:

And what was the result on that?

308 DR. HUIZENGA:

The result on that was 17.

309 MR. KELBERG:

And that is marginally elevated; is that correct?

310 DR. HUIZENGA:

I would say they're both marginally elevated.

311 MR. KELBERG:

Not of great significance to you, is it?

312 DR. HUIZENGA:

I would say mild elevation, probably a shoulder shrug. You don't know which way to interpret it, but certainly not sky high.

313 MR. KELBERG:

Are you familiar with the term "Pathonomic"?

314 DR. HUIZENGA:

Yes.

315 MR. KELBERG:

What does that term mean?

316 DR. HUIZENGA:

Well, pathonomic would mean something where you see a result, and you're--it's compelling evidence toward a certain diagnosis.

317 MR. KELBERG:

Would it be accurate to say just given what you testified, that a sedimentation rate of 17 or 24 would not be considered pathonomic for an acute episode of rheumatoid arthritis?

318 DR. HUIZENGA:

No, it would not.

319 MR. KELBERG:

Is that an accurate statement that I just made?

320 DR. HUIZENGA:

Again, rheumatoid arthritis is very difficult because it's not a lab test disease. Rheumatoid arthritis is a clinical disease and the diagnosis itself is based on seven clinical criteria, only one of which is really a lab test and one of which is an x-ray. So usually rheumatologists in counterdistinction to many other medical subspecialties don't rely that heavily on lab tests although they certainly have a role. And as far as I'm concerned, when I saw that result instantly, that's part of the reason why I didn't pursue rheumatoid arthritis initially, because I was led away from it by these initial two results--three results that you've pointed out. And that's why I was going the osteoarthritis route initially in my mind, not the rheumatoid arthritis route as a cause of all or a preponderance of his orthopedic joint complaints.

321 MR. KELBERG:

Now, as you testified, I believe you said in arrears several times. You got information after June 17th of prior medical care Mr. Simpson had received; is that correct?

322 DR. HUIZENGA:

That's correct.

323 MR. KELBERG:

And one aspect of that information was from Dr. Maltz?

324 DR. HUIZENGA:

That's correct.

325 MR. KELBERG:

The person who holds himself out as a rheumatologist?

326 DR. HUIZENGA:

That's correct.

327 MR. SHAPIRO:

Object to that characterization.

328 THE COURT:

Sustained. Rephrase the question.

329 MR. KELBERG:

Doctor, do you know whether Dr. Maltz is board certified in rheumatology?

330 DR. HUIZENGA:

I have not reviewed his exact credentials.

331 MR. KELBERG:

Do you know whether he's board certified in internal medicine?

332 DR. HUIZENGA:

I have not reviewed his exact credentials.

333 MR. KELBERG:

Did you ever get Dr. Maltz' records?

334 DR. HUIZENGA:

Yes, I did.

335 MR. KELBERG:

When did you get those records?

336 DR. HUIZENGA:

Probably several months ago.

337 MR. KELBERG:

And in fact, you spoke to Dr. Maltz for the first time, did you not, on June 27th of 1994?

338 DR. HUIZENGA:

That's correct.

339 MR. KELBERG:

So was it accurate to say that you felt nothing from your evaluations of the 15th or 17th dictated an immediate consultation with Dr. Maltz?

340 DR. HUIZENGA:

Correct.

341 MR. KELBERG:

And in getting the records from Dr. Maltz, did you find that in 1992, when Mr. Simpson had complaints that had him go to Dr. Maltz, that Dr. Maltz had a sedimentation rate test run? Did you find that to be the case?

342 DR. HUIZENGA:

I'm not that familiar with his records. So if you could tell me what it was, I'd believe you.

343 MR. KELBERG:

Your Honor, I have another document. May this be marked as People's I guess 5--

344 THE COURT:

10. 510.

345 (Peo's 510 for id = document)
346 MR. KELBERG:

It's page 686.

347 THE COURT:

Do you have the original so the doctor can see it?

348 DR. HUIZENGA:

I buy that.

349 THE COURT:

You can read that?

350 DR. HUIZENGA:

Sure.

351 MR. KELBERG:

Well, if the doctor--I'm not sure the doctor has an original. I think he has a copy and we got a copy somehow. Unfortunately, the date, I'm not sure if that's June 27th, 1992. Probably not. I'm not sure what month it is. But whatever it is, if--Mr. Fairtlough, just leave it right there.

352 MR. KELBERG:

Do you see where it says, looks like ESR 34?

353 DR. HUIZENGA:

Yes, I do.

354 MR. KELBERG:

Is that a sedimentation rate test result?

355 DR. HUIZENGA:

Yes. Erythrocyte sedimentation rate, 34 millimeters per hour.

356 MR. KELBERG:

And is it accurate to say from your understanding of rheumatology, doctor, that a patient tends to have a pattern; that when there are acute episodes of an onset of the inflammation causing symptoms of discomfort and so forth, that a pattern continues such that you would see a similar sedimentation rate result in earlier and later episodes?

357 DR. HUIZENGA:

I'm not really aware of any research that shows, you know, a similar sedimentation rate with each flare. So I really can't comment on that. I have no knowledge that that is in fact factual.

358 MR. KELBERG:

You hold--you do not hold yourself out to be an expert in rheumatology?

359 DR. HUIZENGA:

No, I do not.

360 MR. KELBERG:

All right. Would you describe a 34 as something of greater significance to you if you had that result than the 24 and the 17?

361 DR. HUIZENGA:

Honestly, I regarded everything in my own mind up in that range as modestly, mildly elevated. So no, I wouldn't say there's much of a difference between 24 and 34 very frankly.

362 MR. KELBERG:

Now, incidentally, I think you mentioned that from your understanding of rheumatology, that it tends to be a bilateral, a symmetrical kind of disease, a fancy way of saying if you see something on the left middle finger, you should expect to see something on the right middle finger, that kind of thing, correct?

363 DR. HUIZENGA:

I agree. And that in fact is one of the seven diagnostic criteria for rheumatoid arthritis.

364 MR. KELBERG:

When you examined in the orthopedic examination of June 13th, did you see such symmetry between the left and right hands of Mr. Simpson?

365 DR. HUIZENGA:

There wasn't--no. There wasn't striking similarity because the left wrist was so much more--was severely involved and the right wrist seemed relatively normal.

366 MR. KELBERG:

And did you--you said the grip test--you did a grip test on both hands?

367 DR. HUIZENGA:

Yes, I did.

368 MR. KELBERG:

And in your opinion, they were both normal; is that right?

369 DR. HUIZENGA:

Right. That's listed under the motor in the neurologic exam.

370 MR. KELBERG:

Doctor, would you show us--and perhaps you need me to be the patient--how the grip test you did was conducted? May I, your Honor? Let's start with the right hand.

371 DR. HUIZENGA:

Okay. Basically, I'll say take my two--actually I do it with both because I want to compare simultaneously.

372 MR. KELBERG:

Okay.

373 DR. HUIZENGA:

So I'll just say--

374 MR. KELBERG:

Like this?

375 DR. HUIZENGA:

--squeeze as hard as you can. And then I'll sometimes fight to try to get out, and that basically assesses your grip (Demonstrating).

376 MR. KELBERG:

Now, is there any way at that time that you can truly assess the level of cooperation of the patient?

377 DR. HUIZENGA:

No, there's not.

378 MR. KELBERG:

If you would retake the stand.

379 (The witness complies.)
380 MR. KELBERG:

And, doctor--

381 DR. HUIZENGA:

Although if the patient doesn't cooperate or is weak, then you refer them for further tests including ENG--ENG and whatnot, and you may better assess that, but--

382 MR. KELBERG:

Doctor, is it important in evaluating patients to provide some record that is of some objective nature so that doctors who may see the patient down the line in time and who may not have been present for the earlier exam can evaluate any changes between your exam and later exams?

383 DR. HUIZENGA:

That's certainly helpful if you have that documentation ability, sure.

384 MR. KELBERG:

And without some objective standard for evaluating the grip test you did, how would a doctor be able to assess whether or not there's a change down the road given your subjective evaluation that his grip test result was normal?

385 DR. HUIZENGA:

Well, if his grip was weak or one side was weaker than the other, then you would have to assume that there was a change that needed evaluating.

386 MR. KELBERG:

But weakness is a subjective evaluation. There are tests that quantify the grip strength, correct?

387 DR. HUIZENGA:

Yes. That's true. But if you have a firm strong grip strength and it's equal on both sides, typically there's no need to further go into it. In other words, you can keep doing tests. You can say I'm healthy and you can do an EKG and a stress test and a stress thallium and then you can--you know, are you going to do an angiogram on everyone. How far do you push on someone where your initial tests are revealing general normalcy.

388 MR. KELBERG:

And that's why you didn't have any further orthopedic tests ordered from the June 15th examination, right?

389 DR. HUIZENGA:

For the grip, that's correct.

390 MR. KELBERG:

Or for anything else?

391 DR. HUIZENGA:

No. There is a plan. Put--proba--put appropriately or not, to have him see an orthopedist in the future for his ankle and knee problems which I didn't think were commiserate with a good quality of life and with the ability to play golf in a pain free state. So there was a plan, but certainly that was not something that needed to be done over a very brief period of time.

392 MR. KELBERG:

A number of areas I want to talk about, but I have just a few minutes to talk before we break for the day apparently. You talked about observing what you thought to be somewhat ragged edges in at least one if not more of the cuts on Mr. Simpson's hand; is that correct?

393 DR. HUIZENGA:

That's correct.

394 MR. KELBERG:

Doctor, when a person sustains an injury like that, however it was caused--

395 DR. HUIZENGA:

Uh-huh.

396 MR. KELBERG:

--is there an immunological reaction that releases something called phagocytes, P-H-A-G-O-C-Y-T-E-S, into the injured area?

397 DR. HUIZENGA:

Actually initially, in the first 24 hours, it's inflammatory cells. So it's more neutrophils would come in within the first 24 hours. So phagocytes is a later stage, and that--actually monocytes is a better name for that cell, and that typically won't arrive at the sight of the injury until more like the second to the fifth day.

398 MR. KELBERG:

All right. And you were seeing Mr. Simpson on the 15th of June; is that correct?

399 DR. HUIZENGA:

That's correct.

400 MR. KELBERG:

And assuming that these injuries were sustained in the evening of June 12th, that would now mean the examination is taking place almost three days later, two and a half to closing in on three days later, right?

401 DR. HUIZENGA:

That's correct.

402 MR. SHAPIRO:

Objection. May we approach the bench, your Honor?

403 THE COURT:

I think you should phrase that as a hypothetical question.

404 MR. KELBERG:

Okay. Sure.

405 MR. KELBERG:

Assuming, doctor, that these injuries were sustained, some or all, on June 12th around 10:15 in the evening and your examination is taking place between noon and 2:00 o'clock in the afternoon on June 15th, we've got more than two and a half days that have passed, correct?

406 DR. HUIZENGA:

Correct.

407 MR. KELBERG:

And if--we'll use your term "Monocytes." The monocytes you would expect could have been already working on the injured area, right?

408 DR. HUIZENGA:

Assuming that hypothetical information, yes.

409 MR. KELBERG:

And, doctor, in fact, don't such cells in essence eat up the damaged area before the body starts to lay down new cells?

410 DR. HUIZENGA:

That's correct.

411 MR. KELBERG:

And by eating up the damaged area, it creates a ragged appearance; does it not?

412 DR. HUIZENGA:

It creates erythema, redness around the rim. The ragged edge that I was referring to specifically on the left fourth index finger was the slight snake like appearance, the in and out components rather than just a nice smooth slit like you might expect with more like a surgical knife or some other, you know, instrument of that nature.

413 MR. KELBERG:

My question though, doctor, was, will such monocytes, phagocytes if you want to use my term, leave evidence of a ragged appearance to the area of the injured tissue where they have begun to work?

414 DR. HUIZENGA:

Right where the point of the incision is, I don't believe so. What happens is, especially the wound over the third was widened because that was different than the other ones because it was right at a joint line. And so what happens is, there's this kind of this fibrinous exudate that--that--this--you know, it's a scab basically that--that--you know, the yellow stuff that comes out after cuts secretes in there. And that wound--then the one here was substantially more open than his other wounds (Indicating).

Your question--and I understand it--is, when you look at the edge, can you tell if it's a serrated or an undulating line or a straight slice and is that affected by the several days of this battle going on, first with the inflammatory, then the monocyte phase before the collagen and the scarring state sets in. And certainly, with relative hydration and dehydration, you could get edges that might potentially confuse you. I'd have to say that that's probably true.

415 MR. KELBERG:

And, doctor, you said in response to Mr. Shapiro's question that a knife could give the appearance of a cut that you believe was due to glass; is that correct?

416 DR. HUIZENGA:

I think there are certain glass cuts that can mimic knife cuts.

417 MR. KELBERG:

And there are knife cuts that can mimic glass cuts, right?

418 DR. HUIZENGA:

I think with a knife, if you're--if you're a surgeon, you can mimic a lot of things.

419 MR. KELBERG:

Well, doctor, in your experience, in the ER room, with respect to--I'll use the term "Sharp force injury" from a sharp knife in general, the history is not terribly important to you if you see a wound that is bleeding, right?

420 DR. HUIZENGA:

No. That's not true because obviously the first thing you want to know in a wound that's bleeding is what's the infection, what's the time that the wound has been open because we know in the first six to eight hours, that bacteria multiplies, that you have a hundred million, you know, bacteria per millimeter. That's very important. So the history is crucial in cuts as well as every other part unless the person is bleeding in such a state that you feel their myodynamic status is going to be compromised. So you act quickly to negate the artery bleeding.

421 MR. KELBERG:

Doctor, in the kinds of cuts that you saw Mr. Simpson had, these were not life-threatening obviously?

422 DR. HUIZENGA:

No, they were not.

423 MR. KELBERG:

But when you see such cuts in an emergency room, one of the issues is, do I have to suture it or is it going to heal naturally, right?

424 DR. HUIZENGA:

That's absolutely correct.

425 MR. KELBERG:

And that has more to do with the depth of the injury than the source of the injury, correct?

426 DR. HUIZENGA:

There are many factors that go into whether or not you will suture a wound, including depth, position over movable joints, cosmetic factors and convenience factors.

427 MR. KELBERG:

But the question was, it's more important, the depth than worrying about the cause, correct?

428 DR. HUIZENGA:

It's more important, the depth. You want to do it in the cheapest way possible, and obviously very deep lesions are less likely to heal spontaneously than very superficial injuries.

429 MR. KELBERG:

Your Honor, wherever the Court wishes to take a recess.

430 THE COURT:

Sounds good to me. All right. Ladies and gentlemen, we are going to take our recess for the noon hour. Please remember all my admonitions to you; don't discuss the case amongst yourselves, don't form any opinions about the case, conduct any deliberations until the matter has been submitted to you, do not allow anybody to communicate with you with regard to the case. As far as the jury is concerned, we'll stand in recess until 9:00 A.M. Monday. Doctor, you may step down. You are ordered to return Monday morning 9:00 o'clock. All right. We'll stand in recess.

Temperature

tense

Key Quotes (5)

Dr. Robert Huizenga
No, there was not.
Huizenga's answer to whether any of his medical findings indicated a physical limitation that would have prevented Simpson from murdering two people with a single-edged knife — a devastating concession extracted after two sustained objections forced Kelberg to rephrase.
Dr. Robert Huizenga
The rheumatologic evaluation, the orthopedic evaluation is a total throw away.
Huizenga described his own orthopedic exam as a 'throw away,' undermining the defense's use of his testimony to suggest Simpson was physically incapable of the crimes. He later backtracked, insisting it was nonetheless complete.
Dr. Robert Huizenga
I did a complete and thorough orthopedic exam. Typically what you do is, when you get an abnormality, then you go further on it.
Huizenga's attempt to reconcile calling the exam 'a throw away' with also calling it 'complete and thorough' — highlighting an internal contradiction Kelberg exploited.
Dr. Robert Huizenga
certainly, with relative hydration and dehydration, you could get edges that might potentially confuse you. I'd have to say that that's probably true.
Huizenga conceded that the 'ragged' appearance of Simpson's hand cuts — which the defense used to suggest glass rather than a knife — could be explained by the normal healing process over the ~2.5 days between injury and examination.
Brian Kelberg
Cost efficacious, doctor?
Kelberg's pointed follow-up after Huizenga used the phrase 'cost efficacious' to justify not ordering more tests — immediately followed by confirmation that Huizenga was billing everything through Simpson's insurance.

Evidence (4)

People's 507
Dr. Huizenga's medical report from the June 15, 1994 examination of OJ Simpson, pages 433–440, including orthopedic summary and 16-item assessment/plan
Introduced and examined in detail; Kelberg highlighted missing documentation of orthopedic findings
People's 508
Lab test results from blood drawn June 15, 1994, including CRP Quant (negative) and RA Quant (less than 17.3, normal range under 20.0)
Introduced and displayed; used to argue Simpson had no acute rheumatoid arthritis episode
People's 509
Handwritten sedimentation rate result (ESR 24) from Huizenga's office lab, blood drawn June 15, 1994
Introduced; Kelberg noted absence of computer-generated printout and used result to argue no acute inflammation
People's 510
Records from Dr. Maltz (rheumatologist) showing a prior ESR of 34 from a 1992 Simpson visit
Introduced; Kelberg suggested pattern of elevated sedimentation rates, Huizenga was largely unfamiliar with Maltz's records

Notable Exchanges (4)

Brian KelbergDr. Robert Huizenga
Kelberg asked three successive versions of whether any physical finding by Huizenga would have prevented Simpson from murdering two people with a knife. The first two were sustained as argumentative; the third was overruled and Huizenga answered 'No, there was not.'
strategic
Brian KelbergDr. Robert Huizenga
After Huizenga called his orthopedic exam 'a total throw away' while explaining why a grip test wasn't warranted, Kelberg immediately turned the phrase against him: 'So is it your statement, doctor, that you did not do a complete and thorough orthopedic exam, that what you did was a throw-away exam?' Huizenga was forced to retreat.
devastating
Brian KelbergDr. Robert Huizenga
Kelberg demonstrated the grip test on himself, asking Huizenga to administer it with Kelberg as the patient, then followed up by establishing there was no objective, quantifiable record of the result and no way to assess patient cooperation.
revealing
Brian KelbergDr. Robert Huizenga
Kelberg walked Huizenga through the healing biology of wounds — monocytes eating damaged tissue creating ragged edges — and Huizenga eventually conceded that hydration/dehydration could 'potentially confuse' the appearance of a wound edge, undermining the defense's argument that ragged cuts indicated glass rather than a knife.
strategic

Light Moments (3)

Lance A. Ito
Marcia Clark moved to remove a display board from the courtroom; Judge Ito responded 'Be careful, Miss Clark.'
Dr. Robert Huizenga
After Huizenga used the term 'cost efficacious,' Kelberg echoed it back pointedly — and Huizenga acknowledged it as 'one of those buzz words that you hear every day in medicine nowadays.'
Brian Kelberg
Kelberg volunteered himself as the patient to demonstrate the grip test, asking Huizenga to administer it at the witness stand, creating a brief physical demonstration in open court.

Credibility Attacks (4)

⚔ Dr. Robert Huizenga
Qualifications attack / scope of expertise
Kelberg repeatedly established that Huizenga is a general internist, not a specialist in orthopedics, rheumatology, psychiatry, or neurology, undermining the authority of his findings in all those domains.
⚔ Dr. Robert Huizenga
Missing documentation / incomplete records
Kelberg showed that key findings Huizenga claimed to have made (grip test results, orthopedic specifics, rheumatoid arthritis equivocation) were absent from his written report, forcing Huizenga to repeatedly say important things 'weren't recorded.'
⚔ Dr. Robert Huizenga
Bias / circumstances of engagement
Kelberg emphasized that Huizenga examined Simpson both times at the request of defense attorney Shapiro, not at the patient's own initiative, suggesting the evaluation was adversarially motivated.
⚔ Dr. Robert Huizenga
Internal inconsistency
Kelberg caught Huizenga calling his orthopedic exam 'a total throw away' and simultaneously 'complete and thorough,' and used lab results (normal CRP, normal RA Quant, only mildly elevated ESR) to contradict Huizenga's claim that Simpson had an acute rheumatoid arthritis flare at the time of the murders.

Witness Demeanor

(The witness complies.) [returning to stand after grip test demonstration]
(Brief pause.) [Huizenga searching through notes for sedimentation rate document]
(Brief pause.) [Huizenga consulting notes at start of testimony]
(Demonstrating) [Huizenga performing grip test on Kelberg's fingers]

Objections

8 objections (4 sustained, 2 overruled)
Proceeding 6852 • 430 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 JUL 14, 1995 📄 Cross-examination of Dr. Rober
JUL 14, 1995 KRT DvH TD