📄 Cross-examination of Dr. Robert Huizenga (part 2) — Monday, July 17, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\17\CROSS-EXAMINATION-OF-DR-ROBERT.DOC
TRIAL
▲ Day 116 of 167

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

Witness: Dr. Robert Huizenga
Examiner: Brian Kelberg
Called by: Defense • Date: Monday, July 17, 1995 • Utterances: 439
Prosecutor Brian Kelberg cross-examined defense medical expert Dr. Robert Huizenga about his June 15, 1994 physical examination of O.J. Simpson. Kelberg methodically attacked the reliability of Huizenga's orthopedic findings — exposing discrepancies between his written report and his trial testimony on knee flexion — then pivoted to argue that Simpson's physical limitations were no barrier to the murders, drawing concessions about adrenaline rushes, NFL players' pain tolerance, and the fact that Huizenga himself had testified no physical limitation prevented Simpson from committing the killings.
1 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. The record should reflect that we have been rejoined by all the members of our jury panel. And Mr. Kelberg, you may complete your cross-examination.

2 MR. KELBERG:

Your Honor, once again, I understand the Court's subtle hint.

3 THE COURT:

Thank you.

4 MR. KELBERG:

Although I believe that it may take longer because of some video that will be shown in the course of the examination. Doctor, we were talking about Dr. Rosenfeld as the team orthopedic surgeon, correct?

5 DR. HUIZENGA:

That's correct.

6 MR. KELBERG:

And even in situations where you thought a player had an orthopedic condition and you disagreed with what Dr. Rosenfeld's view was of the situation, it would not be within your field of expertise to diagnose the condition for the purposes of getting the treatment started, right?

7 DR. HUIZENGA:

No.

8 MR. KELBERG:

An orthopedic condition?

9 DR. HUIZENGA:

My job obviously is to treat all non-orthopedic non-joint and muscle diseases; however, ethically, and this is what the book was all about, when I saw things that I felt were being mistreated, and then obviously the reason I resigned when I saw flagrant medical malpractice or possibly fraud, that he was misrepresentating to the player in an effort to get the player to play, all of those instances I would go behind the scenes and make sure they saw other orthopedic surgeons. So yes, I would act as an orthopedic surgeon in the sense of sending them to a, quote-unquote, legitimate orthopedic surgeon, so I wouldn't just sit back and take his word because he, quote-unquote, had boards in orthopedics and I did not.

10 MR. KELBERG:

Doctor, you didn't act as an orthopedic surgeon in that situation. You acted as a triage doctor who felt there was a problem outside the field of your expertise and you sent the patient to the physician in that field of expertise you thought appropriate; isn't that correct?

11 DR. HUIZENGA:

That's correct.

12 MR. KELBERG:

And Dr. Rosenfeld is now deceased; is that correct?

13 DR. HUIZENGA:

That is correct.

14 MR. KELBERG:

Dr.--I guess Mr. Fairtlough is back now, and I need exhibit 507 which I have here. And I will ask Mr. Fairtlough again to put on page 5. This is your initial report dealing with the orthopedic examination and if we can get--Mr. Fairtlough will be on the bottom of the document. So if we can--all right.

15 MR. KELBERG:

Now, doctor, you testified, in response to direct exam by Mr. Shapiro, about range of motion tests. Again, if the Court would permit for the doctor to step down, doctor, would you use me as Mr. Simpson for the purposes of demonstrating what you asked Mr. Simpson to do in order to assess his shoulder range of motion.

16 DR. HUIZENGA:

Shoulder range of motion basically, (Indicating).

17 MR. KELBERG:

And for the record, your Honor--we have to describe what you are doing for the record. Why don't you get back into position, if you would, please, doctor, just before you move it. For the record, your Honor, the doctor has his heft hand resting on my left shoulder, he has his right hand underneath approximately my right wrist and he is starting to elevate my arm upward and he has done so to a position which is approximately parallel to my body as I stand.

18 THE COURT:

Yes.

19 MR. KELBERG:

Then he has allowed my arm to drop down.

20 MR. KELBERG:

Is that the test that did you with Mr. Simpson?

21 DR. HUIZENGA:

That is one of the tests.

22 MR. KELBERG:

Did you do any additional tests on the shoulder for range of motion?

23 DR. HUIZENGA:

Yes, I did.

24 MR. KELBERG:

The next one would be?

25 DR. HUIZENGA:

Internal and external range of motion.

26 MR. KELBERG:

We will do it slowly, doctor. You have asked me or you basically put my left arm in a bent position where it is bent at the elbow and my left forearm hand is resting across the midsection of the front of my body, right?

27 (No audible response.)
28 MR. KELBERG:

You have to keep your voice up, doctor.

29 DR. HUIZENGA:

That's correct.

30 MR. KELBERG:

And now what are you going to do with it?

31 DR. HUIZENGA:

We are going to externally rotate the shoulder.

32 MR. KELBERG:

What you have done doctor is with your left hand--you have to get back in position. I can't remember all this. With your left hand on the palm surface of my left hand as you pushed my left forearm and hand back, you have started to turn my left wrist and hand. You are moving it such that it is--well, you describe it.

33 DR. HUIZENGA:

Trying to keep the hand and the wrist stable. That is basically we are keeping the elbow at ninety degrees. We are just trying to ascertain solely what the internal and external range of motion capabilities are of the shoulder. We are not really trying to affect any other joint.

34 MR. KELBERG:

All right. You rotated to what final resting position if you complete the exam?

35 DR. HUIZENGA:

We are basically going back to about this level here, (Indicating).

36 MR. KELBERG:

For the record, your Honor, the doctor has stopped where now my left forearm and hand with the palm facing to the sky is--doctor, would you describe that.

37 DR. HUIZENGA:

Sixty degrees or so.

38 MR. KELBERG:

Sixty degrees from--

39 DR. HUIZENGA:

Basic--sixty degrees from--

40 MR. KELBERG:

Horizontal?

41 DR. HUIZENGA:

The ninety degree mark here, so in other words, if this is your starting position, we are going about sixty here and going all the way in here, (Indicating).

42 MR. KELBERG:

Starting position would be with my forearm and hand straight out in front of my body so that it is at a ninety degree angle to my chest?

43 DR. HUIZENGA:

Correct.

44 MR. KELBERG:

And the first two tests that you have just described, Mr. Simpson, left shoulder, full range of motion?

45 DR. HUIZENGA:

That is correct.

46 MR. KELBERG:

Right shoulder, full range of motion?

47 DR. HUIZENGA:

That is correct.

48 MR. KELBERG:

Any other range of motion tests for the shoulders that you did?

49 DR. HUIZENGA:

I think that was the initial screening of his range of motion. We also of course in the neurologic you look for tremor and you then you also get forward flexion of the shoulder which is a separate thing right there.

50 MR. KELBERG:

For the record, you raised your two arms upright where your arms are now at a ninety degree angle to your body, but they are being held out at about the level of the breast?

51 DR. HUIZENGA:

That is correct.

52 MR. KELBERG:

And did Mr. Simpson accomplish that test--

53 DR. HUIZENGA:

Yes, he did.

54 MR. KELBERG:

--appropriately?

55 DR. HUIZENGA:

Yes, he did.

56 MR. KELBERG:

You may retake the stand, doctor.

57 (Witness complies.)
58 MR. KELBERG:

Now, doctor, in your report, if you will look, you describe about halfway down right knee with slight--not halfway, maybe a third of the way--"Right knee with slight crepitus, inability to flex the last ten degrees." Crepitus, is that a medical term--if I walked and you kind of here creaking of my bones, is crepitus a term that might describe what you are hearing?

59 DR. HUIZENGA:

It might describe what you are hearing, but you also can--some people just have a snapping of the joint so there may be some confusion there.

60 MR. KELBERG:

Now, is crepitus necessarily a limiting symptom?

61 DR. HUIZENGA:

No, it is not.

62 MR. KELBERG:

Doctor, the next entry down deals--oh, I'm sorry "Inability to next the last ten degrees." Again with the Court's permission could the doctor step down? Doctor, if I have to sit somewhere, I'm going to be the patient again. Could I sit, with the Court's permission, on the edge counsel table?

63 THE COURT:

Sure.

64 MR. KELBERG:

If I can move my own materials without having it all fall off on ms. Clark. Doctor, I would be in a sitting position?

65 DR. HUIZENGA:

That's correct.

66 MR. KELBERG:

What would you do to test--

67 DR. HUIZENGA:

You should be in a lying position.

68 MR. KELBERG:

Which did you have with Mr. Simpson?

69 DR. HUIZENGA:

In a lying position.

70 MR. KELBERG:

May I take my coat off, your Honor?

71 THE COURT:

You may. Can we have a little assistance clearing that off, Miss Clark.

72 MR. KELBERG:

I'm sorry.

73 THE COURT:

I'm asking Miss Clark if we could have some assistance clearing that off.

74 MR. KELBERG:

That is okay. I don't mind lying on my own stuff.

75 DR. HUIZENGA:

Basically there is a--you test for extension and then basically you test for flexion.

76 MR. KELBERG:

This is flexion, doctor?

77 DR. HUIZENGA:

This is knee flexion, correct.

78 MR. KELBERG:

All right. For the record this is a tough one for me to describe, except by feel, the doctor has got my knee bent in such a position that the lower part of my leg is as close as it is ever probably going to get to the back of my upper leg.

79 THE COURT:

All right. Doctor, would you switch around just so the jurors on the other side of the jury box can see what you are doing.

80 DR. HUIZENGA:

Sure. This is extension.

81 MR. KELBERG:

Extension, for the record, he has my leg straightened out at the knee.

82 MR. KELBERG:

Is that correct, doctor?

83 DR. HUIZENGA:

That is correct.

84 MR. KELBERG:

With his arm supporting my leg.

85 DR. HUIZENGA:

This exercise flexion, and in relatively flex individuals you can get the heel to touch the buttocks.

86 MR. KELBERG:

I'm not that flex.

87 DR. HUIZENGA:

There is--well, his heel did touch his buttocks. There is a wide range of normal. It can be--you know, there is tables for what normal individuals are able to flex, but in his situation he basically was, you know, somewhere in this range, (Indicating), which isn't terrible, but isn't normal either, and that is basically where, you know, I'm--you know, you make mental notes to yourself as a doctor and you say 10, 20 degrees less, how accurate is that? You just note that basically they are getting nowhere near their butt, and it is a little bit less than even what some of your stiff patients might be able to do.

88 MR. KELBERG:

Well--

89 DR. HUIZENGA:

In addition, when you put your hand right here and you move, this is where the crepitus comes in. You feel this vibration and that is what I meant by crepitus that he said.

90 MR. KELBERG:

Doctor, before you leave, though, a person who had full flexion would be in what situation? If you will put my leg if it is physically possible--

91 DR. HUIZENGA:

See how his heel touched his buttock.

92 MR. KELBERG:

Okay. Are holding my leg back there?

93 DR. HUIZENGA:

Correct.

94 MR. KELBERG:

Is that what you try and do, you hold the leg back there?

95 DR. HUIZENGA:

You try to bounce it right off there.

96 MR. KELBERG:

Okay.

97 DR. HUIZENGA:

In other words, you are going to try to resist on me now, is that what I'm doing?

98 MR. KELBERG:

No. I am asking you in doing the test do you ask the patient to try and flex it as far as the patient can?

99 DR. HUIZENGA:

No, I do not. I do it--I ask them to relax as best they can and then I passively move and try to assess the range of motion.

100 MR. KELBERG:

And a 10 degree limitation, would you show what is the distance for 10 degrees.

101 DR. HUIZENGA:

Basically again what is the best that somebody can do. That is where you have this wide variation of normal, but he was something like this, not severe, (Indicating), but not normal either, and that is all that ten degrees means.

102 MR. KELBERG:

Now, doctor--and you did the same with the left; is that correct?

103 DR. HUIZENGA:

That is correct.

104 MR. KELBERG:

I think I need to put my jacket back on.

105 THE COURT:

Those are the rules.

106 MR. KELBERG:

And according to your report, doctor, you said the left knee showed marked crepitation, has anterior posterior laxity, right?

107 DR. HUIZENGA:

That is correct.

108 MR. KELBERG:

That is just front to back?

109 DR. HUIZENGA:

That is correct.

110 MR. KELBERG:

And that there is an inability to flex the last 15 to 20 degrees; is that correct?

111 DR. HUIZENGA:

That is correct.

112 MR. KELBERG:

And 15 to 20 degrees would be roughly 5 to 10 degrees more in the form of a limitation of the left knee than the right, correct?

113 DR. HUIZENGA:

That's correct. Again you have to remember when you are in--let's be Frank, you know, you are--you are moving as fast as you can through--these are--a lot of these are crib notes for yourself to try to assess things. It certainly means it is worse than the right. Does it mean 20 degrees or 30 or 15? It is somewhere in that range where it is limited, limited more than the other, but not again stuck at 90 degrees or not stuck at a level that when he walks the toe is going to catch when he tries to swing through in the gait.

114 MR. KELBERG:

Well, doctor, when you are making this report out, you want to be as accurate as possible, don't you, with respect to your evaluation?

115 DR. HUIZENGA:

That is absolutely correct.

116 MR. KELBERG:

There is nothing that presented you from writing down on a piece of paper whatever the limitation of flexion was with respect to either knee, correct?

117 DR. HUIZENGA:

It is--I assessed it based on looking at it.

118 MR. KELBERG:

I want to invite counsel's attention to page again 327 of the real time transcript and ask, doctor, if you gave this as part of your direct examination testimony following questioning by MR. SHAPIRO: "And when you move the knee, the knee should go through a certain range of motion which I can demonstrate, you can see it is a straight 180 degrees when I flex it. There is a different range that everybody--everyone can flex that by nature, by typically it--but typically it goes back to 135 degrees, 140, whatever. He was able to extend--extend his knee. Really he could only flex it to a point where he was limited by 25 to 30 degrees, approximately." Did you testify in part as I have just read, doctor?

119 DR. HUIZENGA:

Yes, I would assume so.

120 MR. KELBERG:

And your report says only 15 to 20 degrees, not 25 to 30 degrees; is that correct, doctor?

121 DR. HUIZENGA:

That's correct.

122 MR. KELBERG:

If you wanted to portray Mr. Simpson in worse condition with respect to that knee and limitation of movement, you would have done so by giving him a greater limitation of flexion, 25 to 30, than what is described in your report as 15 to 10; is that correct?

123 DR. HUIZENGA:

I was basically talking off the top of my best of recollections and obviously wasn't reading my report when I gave that answer, but my report--

124 MR. KELBERG:

Well, Mr.--

125 DR. HUIZENGA:

--again a lot of these things are shorthand for what you observe over time in your own practice and these are in my--this is not an orthopedic exam by an orthopedist. An orthopedist looked through all his previous evaluations, often don't get out an exact angle measuring device to detect it, and so it was a rough approximation. Given the time constraints that was, you know, the best that I felt was able to be done.

126 MR. KELBERG:

Doctor, has Mr. Simpson been evaluated at your suggestion by an orthopedist, since June 15th, 1994?

127 DR. HUIZENGA:

I discussed it with his orthopedist. His--he has no acute reasons to be seen by an orthopedist currently, so no, he has not.

128 MR. KELBERG:

And doctor, you've come in to testify in direct examination about these orthopedic limitations of Mr. Simpson, have you not?

129 DR. HUIZENGA:

Yes, I have.

130 MR. KELBERG:

Would you agree it would be more appropriate to have his orthopedist come in and give an opinion on an area within the orthopedist's field of specialty than for you who by your admission is not an orthopedist--

131 DR. HUIZENGA:

Correct.

132 MR. KELBERG:

--and who has not done a thorough and complete examination, but rather a throwaway examination to use your term of Friday?

133 DR. HUIZENGA:

All I can do is report what I saw. I have no ability to have other people come and testify or--

134 MR. KELBERG:

Well, my question was, doctor, wouldn't it be more appropriate to have an orthopedist rather than you, but I won't ask you to pursue that because you said all you can do is come in and testify. Is that what you were doing when you made the suggestion in exhibit 513: "As I previously discussed with Dr. M. Baden, OJ's severe left wrist and arthritis and resultant marked decrease mobility of that joint may have implications for the forensic pathologist"?

135 DR. HUIZENGA:

When we discussed his medical condition, and I was asked questions by the forensic pathologist that was hired on the case, I responded as honestly as I could, and communicated that in that letter. I didn't really have anything to hide as far as I was concerned.

136 MR. KELBERG:

Well, doctor, if you wanted to have Mr. Simpson's evaluated for his physical capability to murder two human beings and you were concerned that because of limitations from surgeries to his ankle or surgeries to his wrist and arthritis that he may not be capable of murdering these two people, wouldn't it seem logical to have Dr. Jobe, who was his orthopedic surgeon for many years--correct everybody that is correct.

137 MR. KELBERG:

Wouldn't it be logical to have him conduct a thorough evaluation before trial of Mr. Simpson to see where he is today from where he was when Dr. Jobe last saw him?

138 MR. SHAPIRO:

Objection. Actually it is a two-part question because it is compound.

139 THE COURT:

Sustained. Rephrase the question.

140 MR. KELBERG:

Dr. Huizenga, wouldn't it be appropriate, if one were concerned about orthopedic limitations of Mr. Simpson to have Dr. Jobe, his orthopedist of many years, examine him before trial, right?

141 DR. HUIZENGA:

I'm not conducting the Defense. I'm just reporting what I saw when he came to my office and he came to my office because of physical problems and the orthopedic things were things that I observed that you are very interested in, but very frankly, I was less interested in because I had, as I have stated before, two other problems that I felt were more important for his immediate physical health. He had a rheumatologist that was seeing him and the feeling was from a medical standpoint there was nothing to be gained from having an orthopedist see him, either acutely for the one or two days that he was not in custody, or in arrears once he went in jail. There was no acute benefit that he could do to OJ's health. If you want to ask should it have been done for other reasons, I'm not the person to ask that to.

142 MR. KELBERG:

Well, doctor, you recommended to players on the Raiders that they see orthopedists and neurosurgeons for second and third opinions when you thought the need arose, didn't you?

143 DR. HUIZENGA:

Absolutely.

144 MR. KELBERG:

And have you ever suggested--let me go back to your report that is exhibit 507--which says--this is from page 6 and I will ask Mr. Fairtlough to put it back up--under item 10. Which says: "To discuss with ankle specialist when patient's current situation resolved." You wrote that in your report, right, doctor?

145 DR. HUIZENGA:

Yes, I did.

146 MR. KELBERG:

And "The current situation" meant his legal situation; isn't that correct?

147 DR. HUIZENGA:

His whole life situation which included the fact that, right, he wasn't able to travel, we couldn't get him to specialists that we might otherwise have wanted to because of other life things like going to funerals, et cetera, and we had to evaluate what is urgent on a medical side and what could be handled sometime later. And my opinion was that the orthopedic things, although very vexing, there was nothing acutely to be done and that those things could be handled at some future date.

148 MR. KELBERG:

Doctor, isn't it correct that in assessing the effects of arthritis it is extremely important to look at a patient over a period of time to compare how the patient is today with how the patient was, let's say, a year ago?

149 DR. HUIZENGA:

Absolutely.

150 MR. KELBERG:

Because these can be progressive diseases, correct?

151 DR. HUIZENGA:

That is correct.

152 MR. KELBERG:

And so if the question was--well, let me withdraw that. You told us that the last time Dr. Jobe saw Mr. Simpson was July 13th of 1993, correct?

153 DR. HUIZENGA:

That is correct.

154 MR. KELBERG:

And as you've testified here in response to direct and cross-examination about Mr. Simpson's condition, you are talking about it on June 15th, 1994, correct?

155 DR. HUIZENGA:

That is correct.

156 MR. KELBERG:

Do you agree that Dr. Jobe would be in a very good position as an orthopedic surgeon to have evaluated Mr. Simpson around the time of your evaluation to see whether he has shown any progression in any osteoarthritic condition he had existing as of the time of the July, `93, examination?

157 DR. HUIZENGA:

No, I don't feel that that would be helpful at all. There is only one of two scenarios that happens: Either his osteoarthritis has progressed or it has not. In either instance there would be nothing medically that we would do different other than going after his immediate problems and in addition to which obviously having him see the rheumatologist and see if there were other conditions that could be treated. Osteoarthritis is a chronic degenerative disease, and short of surgery, there is nothing an orthopedist can do other than give pain medications and prescribe rest and physical therapy. Those things were handled. Given the time constraints, given the other things going on, no, I would really have as to disagree with you. I don't think seeing an orthopedist on the 15th would have helped his medical condition. Yes, maybe it would have pertained to some sort of Defense measure, I can't answer to that, but from a medical situation if I had a person that was leaving to Europe on a Friday and presented on a Wednesday as he did, no, I don't think that we would make them change all their work plans and their busy pre-trip schedule to go so an orthopedist. So no, I'm not really sure what you are driving at there.

158 MR. KELBERG:

Well, doctor, first of all, you visited Mr. Simpson as a physician in the jail since his incarceration, haven't you?

159 DR. HUIZENGA:

Yes, I have.

160 MR. KELBERG:

And again, to your knowledge, has Dr. Jobe gone down to examine him?

161 DR. HUIZENGA:

No, he has not.

162 MR. KELBERG:

And you didn't feel there was anything of an immediacy to his orthopedic condition that required an orthopedist to see him over the next few days at least as of June 15th, right?

163 DR. HUIZENGA:

That is correct.

164 MR. KELBERG:

And in fact you talk about until his current situation is resolved and that is still not resolved, right?

165 DR. HUIZENGA:

That is correct.

166 MR. KELBERG:

Is it still your opinion there is no need for him to see an orthopedic surgeon because that situation has not yet been resolved?

167 DR. HUIZENGA:

The reason he doesn't need to see an orthopedic surgeon now in this phase is he had significant joint problems when I saw him on the 15th. Those problems, if anything, intensified over the first several weeks he was incarcerated. It was felt by his rheumatologist that he had a flare of rheumatoid arthritis. He was put on a rheumatoid arthritis disease modifying drug and his symptoms markedly improved. It was on the basis of that, the fact that his swollen left knee, swollen ankle, his painful wrist, his new onset right wrist ganglion and some of his other complaints resolved that no further orthopedic consultation was felt deemed necessary at that time in the jail.

168 MR. KELBERG:

Doctor, umm, you say that Dr. Maltz, who is the rheumatologist, felt that there was an acute episode of rheumatoid arthritis, but all the clinical laboratory results were negative; isn't that correct?

169 DR. HUIZENGA:

He felt there was an acute flare based on the fact that you diagnose rheumatoid arthritis on seven criteria, with the aid of biopsies. He had a--a number of those seven criteria that classified him as having rheumatoid arthritis.

170 MR. KELBERG:

Which ones?

171 DR. HUIZENGA:

He had morning stiffness.

172 MR. KELBERG:

That can be from osteoarthritis, right?

173 DR. HUIZENGA:

That can be from osteoarthritis as well.

174 MR. KELBERG:

And Mr. Simpson had complained all the time of morning stiffness when he gets up, right?

175 DR. HUIZENGA:

He has had that for quite a time, although he has had severe flares where he is so bad he can't tie his shoes, and essentially is trapped in bed, and he has had at least two significant flares of that nature. This certainly wasn't that bad.

176 MR. KELBERG:

Any others?

177 DR. HUIZENGA:

Any other symptoms that--

178 MR. KELBERG:

That fit this classical--

179 DR. HUIZENGA:

--that fit this criteria?

180 MR. KELBERG:

Exactly?

181 THE COURT:

Counsel.

182 MR. KELBERG:

I'm sorry. Any other of the classical symptoms? You said he did not have bilateral, correct?

183 DR. HUIZENGA:

I didn't say that. I said he had both elbows with fixed flexion contractures which may be seen in rheumatoid arthritis. He had bilateral hand disease. To classify for symmetry they don't necessarily have to be the exact same joint, sometimes different joints on the hand. He had x-ray changes consistent with rheumatoid arthritis. Umm--

184 MR. KELBERG:

Which x-ray changes were those, doctor?

185 DR. HUIZENGA:

I would prefer to leave all that for the rheumatologist. I don't want do pull out x-ray films when they are definitely not my field of expertise. You are asking me what signs were positive and I'm giving them to you, but I'm not saying that I specifically corroborated them with my expertise. These were things that based on x-ray reports, were said to be positive. I mean, I can pull out the reports and read them through with you, but I'm not going to pretend that I am an expert on the erosive changes and the other changes characteristic of rheumatoid arthritis that you don't see in osteoarthritis.

186 MR. KELBERG:

Doctor, what if anything have you done since June 15, 1994, to independently evaluate Mr. Simpson's physical activities over a period of, let's say, three months before June 15th?

187 DR. HUIZENGA:

What have I done to independently?

188 MR. KELBERG:

Yes. In other words, without taking Mr. Simpson's word for any limitations to see if there was independent evidence to support any claims of limitation?

189 DR. HUIZENGA:

Again, he never complained to me of limitation other than the fact that I said why are you limping and he said, you know, this is just an ongoing thing, and you know, I can't walk a golf course, but that is after I questioned him. He wasn't complaining to me of joint problems.

190 MR. KELBERG:

My question, doctor, is what, if anything, have you done to independently evaluate any limitations Mr. Simpson may have had over the last three months of his life before June 15th, 1994?

191 DR. HUIZENGA:

I have heard from other individuals about his difficulty walking, his trouble getting around a golf course. I have requested all his previous medical records, but of course those are not helpful in the last three months.

192 MR. KELBERG:

Because he hadn't seen a doctor for eleven months?

193 DR. HUIZENGA:

That is exactly correct.

194 MR. KELBERG:

Incidentally, doctor, have you been provided with any exercise videotapes of Mr. Simpson from late May of 1995?

195 DR. HUIZENGA:

I saw that, umm--

196 THE COURT:

`95, counsel?

197 MR. KELBERG:

`94, excuse me, thank you, your Honor.

198 DR. HUIZENGA:

Yes, I have. I saw that this Sunday--this Saturday.

199 MR. KELBERG:

When did you first see it?

200 DR. HUIZENGA:

I saw it Saturday and I saw it also about three or four months ago.

201 MR. KELBERG:

How was it that you saw that? Was it brought to your attention or had you independently identified that?

202 DR. HUIZENGA:

Umm, it was basically something that I independently heard about and was curious about.

203 MR. KELBERG:

And doctor, the people you got information from, were these friends of Mr. Simpson's?

204 DR. HUIZENGA:

Yes, they were.

205 MR. KELBERG:

Now, have you heard the testimony of the people that the Defendant has called over the last oh, week or so, people such as Mr. Howard Bingham?

206 DR. HUIZENGA:

No, I know nothing about that testimony.

207 MR. KELBERG:

Mr. Valerie?

208 DR. HUIZENGA:

No, I didn't hear anything about that.

209 MR. KELBERG:

Mr. Kilduff?

210 DR. HUIZENGA:

No, I didn't hear anything about that.

211 MR. KELBERG:

Mr. Merrill?

212 DR. HUIZENGA:

No.

213 MR. KELBERG:

Let me read the whole list then. Mr. Gladden, Mr. Norris, Mr. Williams, Mr. Partridge, and also from previous time called by the Prosecution, Allan Park and Mr. Kaelin?

214 DR. HUIZENGA:

No.

215 MR. KELBERG:

Any of those witness' testimony did you hear or review?

216 DR. HUIZENGA:

No, I did not.

217 MR. KELBERG:

Now, doctor, you said Mr. Simpson limped into your office, and again to use your term, he walked like Tarzan's grandfather; is that correct?

218 DR. HUIZENGA:

That's correct.

219 MR. KELBERG:

Doctor, I want you to assume that these people I mentioned saw Mr. Simpson on June 12th in Los Angeles or saw him on June 13th in Chicago.

220 DR. HUIZENGA:

Uh-huh.

221 MR. KELBERG:

And that these people, to a person, say that they saw no limp on the part of Mr. Simpson--

222 MR. SHAPIRO:

Objection, your Honor, misstates the evidence.

223 THE COURT:

Sustained.

224 MR. KELBERG:

May I have a moment, your Honor?

225 (Discussion held off the record between the Deputy District Attorneys.)
226 MR. KELBERG:

Your Honor, obviously I'm at some disadvantage.

227 THE COURT:

Let me see you at the side bar without the court reporter, please.

228 (A conference was held at the bench, not reported.)
229 (The following proceedings were held in open court:)
230 THE COURT:

All right. Proceed.

231 MR. KELBERG:

Thank you, your Honor.

232 MR. KELBERG:

Doctor, if there have been witnesses called, among the people that I listed, and when asked if they observed any limitation on the part of Mr. Simpson walking, that those people who were asked indicated they saw no such limp, would you accept such testimony as consistent with your findings on June 15th?

233 DR. HUIZENGA:

No, I wouldn't.

234 MR. KELBERG:

And doctor, is it very difficult to identify a person who is limping if you are not a doctor?

235 DR. HUIZENGA:

Well, there are certainly subtle variations of a limp, and certainly I can tell a limp that someone else at first glance may say they look like they are walking normally, but the limp he had when he came into my office I believe anyone would have been able to identify.

236 MR. KELBERG:

Would you come down, please, with the Court's permission, and in a way where the jurors can see, demonstrate--I'm going to ask you to do this since you are the one who saw it--demonstrate how Mr. Simpson walked in a limp which in your opinion demonstrated that he walked like, again your phrase, Tarzan's grandfather?

237 MR. SHAPIRO:

Your Honor, I would object. We would--I would have no objection to Mr. Simpson walking and having the doctor describe it.

238 THE COURT:

Overruled. I think you need a couple of foundational questions here, though.

239 MR. KELBERG:

Doctor, you did observe him in your office on June 15th, 1994, walking; is that correct?

240 DR. HUIZENGA:

Yes, I did.

241 MR. KELBERG:

You observed at that time what you thought to be a limp, right?

242 DR. HUIZENGA:

Yes, I did.

243 MR. KELBERG:

And it was from the way he walked which led you to talk about he walked like Tarzan's grandfather, right?

244 DR. HUIZENGA:

Yes, I did.

245 MR. KELBERG:

Again, with the Court's permission I would ask that he be allowed to demonstrate what he saw in the way of a limp of Mr. Simpson.

246 THE COURT:

Doctor, do you believe that you can accurately reenact the manner in which Mr. Simpson walked?

247 DR. HUIZENGA:

It is very difficult. He had two joints that were bothering him, his ankle and that knee, and he kind of was hunched a little bit. I really--it would be very difficult. I could try, but it would be difficult, and to know exactly the degree, I think it would be a very iffy proposition.

248 THE COURT:

All right. The objection is sustained.

249 MR. KELBERG:

But doctor, in your opinion even though you feel at this time that you cannot demonstrate, that it was clearly something that a lay person would be able to see?

250 DR. HUIZENGA:

Yes, it was.

251 MR. KELBERG:

And you would expect it to be present on June 12th; is that correct?

252 (No audible response.)
253 MR. KELBERG:

Given that you saw it on June 15th?

254 DR. HUIZENGA:

Certainly could have been.

255 MR. KELBERG:

And doctor, assuming that these same witnesses, when asked about any observation of any kind of physical limitation or evidence of distress by Mr. Simpson indicated they saw no such limitation or distress, assuming that that is accurate testimony, would that be inconsistent with what you would expect on June 12th, given your findings of June 15th?

256 MR. SHAPIRO:

I'm going to object, your Honor. It depends on when the observations were made.

257 THE COURT:

Overruled.

258 MR. KELBERG:

You may answer the question, doctor.

259 DR. HUIZENGA:

I saw a limp on the 15th. If he had no limp on the 12th, then obviously something has changed in the interval.

260 MR. KELBERG:

Or perhaps Mr. Simpson was faking a limp in your office?

KEY QUOTE
261 DR. HUIZENGA:

That certainly would be in the differential.

KEY QUOTE
262 MR. KELBERG:

Now, doctor, I didn't limit it to limps. I talked about any evidence of discomfort. People can grimace in pain from moving in a way that causes some kind of pain response, right?

263 DR. HUIZENGA:

That's correct.

264 MR. KELBERG:

Did you see Mr. Simpson evidence any kind of reaction to pain during the course of your June 15th examination?

265 DR. HUIZENGA:

He had some pain with the movement of his left ankle and left wrist and right--excuse me, right ankle, left knee and left wrist.

266 MR. KELBERG:

Right ankle, left knee, left wrist; is that correct?

267 DR. HUIZENGA:

That's correct.

268 MR. KELBERG:

And what did you see, if you can describe it, that led you to believe he was demonstrating some kind of distress from whatever testing you were doing in those areas?

269 DR. HUIZENGA:

Umm, typically you get a reflex--I think everybody has had it when somebody twists your arm back suddenly and unexpectedly, it is very difficult unless you are a movie star, to basically deny pain. And when we did those sorts of things basically again it wasn't earth shattering, but you know, it appeared that, you know, another two or three degrees was--was not going to be all that much fun for the patient. And it is basically another clinical sign that doesn't have a number, doesn't have some kind of blood test that is stamped on a report, but this is an observation that you cull after years of doing that sort of evaluation.

270 MR. KELBERG:

It is a subjective interpretation, is it not, doctor?

271 DR. HUIZENGA:

Yes, it is.

272 MR. KELBERG:

And if you in fact are an advocate for Mr. Simpson, that can even in a subconscious way lead to a bias that influences how you saw what you've just described; isn't that correct, doctor?

273 MR. SHAPIRO:

Objection, argumentative.

274 THE COURT:

Sustained.

275 MR. KELBERG:

Doctor, you said unless you are a Hollywood star something like you can fake the pain?

276 DR. HUIZENGA:

I was thinking of the Mel Gibson movie Braveheart where, you know, they start withdrawing body organs and he doesn't mutter one yelp. I think that that is again a Hollywood sort of thing and not something that happens in an office, a medical office.

277 MR. KELBERG:

How about a veteran of national football league football? Are those people people who tend to be able to play through pain?

278 DR. HUIZENGA:

I think that is a fair statement.

279 MR. KELBERG:

And in fact inviting your attention to page 20 of your book did you write the following: "As Dr. Rosenfeld was rechecking Marcus'"--that is Marcus Allen, is it?

280 DR. HUIZENGA:

Yes it is.

281 MR. KELBERG:

"Neurological status, I was pulled away by a player who walked me over to a teammate sitting on the bench with a grossly deformed and swollen left ring finger. It was obviously dislocated. `it would be nice to get a x-ray before we put that thing back in,' I told the player.

"'doc, this is the NFL,' he replied. `I got to go back in two plays.' "Seeing Rosenfeld still busy with Marcus, I grabbed the lineman's wrist with my left hand, then slowly by firmly pulled the dislocated finger toward me with my right hand. Once I had good traction going, I flexed the finger forward. I felt a pop. The joint was back in place. "'okay, grip,' I said. "'now open your hand. Good.' "As I taped the damaged fourth to the good third finger I repeated, `we are still going to need some x-rays at half time.' "'doc, there is a football game going on. Maybe sometime next week, okay?' "'sometime this after time' I countered. I couldn't get over the fact that he didn't even complain once about the pain. A normal emergency room patient would have been screaming." Did you write that, doctor?

282 DR. HUIZENGA:

Yes, I did.

283 MR. KELBERG:

And in fact Mr. Simpson, with eleven years as a leading running back initially on a very poor football team that provided him with something less than tremendous blocking, learned about playing through pain. Isn't that your understanding?

284 DR. HUIZENGA:

Yes, it is.

285 MR. KELBERG:

And in fact that even with whatever physical limitations you observed from your throwaway orthopedic examination, to use your term, there was nothing that physically prevented him from murdering these two people as you told use Friday, correct?

286 MR. SHAPIRO:

Objection, asked and answered.

287 THE COURT:

Overruled.

288 DR. HUIZENGA:

If you have the hypothetical where things are stationary, the strength was there to do as you asked me before, hold hair, pull back and move his other extremities.

289 MR. KELBERG:

Doctor, you were asked on Friday if there was anything that you found which prevented Mr. Simpson from being physically capable of murdering Nicole Brown Simpson and Ronald Goldman. You were asked that question on Friday, weren't you?

290 DR. HUIZENGA:

Yes, I was.

291 MR. KELBERG:

And your answer was no, there was no such limitation, right?

292 DR. HUIZENGA:

That is correct.

293 MR. KELBERG:

Now, doctor, have you ever visited 875 South Bundy, the crime scene?

294 DR. HUIZENGA:

No, I have not.

295 MR. KELBERG:

Doctor, I want you to assume that there has been testimony from a forensic pathologist, Dr. Lakshmanan Sathyavagiswaran, the chief medical examiner of Los Angeles County, that he has visited the 875 south Bundy scene and in describing the location where Mr. Goldman's body was found and the circumstances surrounding blunt force trauma to the back Mr. Goldman's hands, he testified that Mr. Goldman, in essence, was a caged animal with no place to go. I want you to assume that that is the testimony in part of Dr. Lakshmanan and I will save everybody the last name. Okay? Had you heard that testimony before, doctor?

296 DR. HUIZENGA:

No, I have not.

297 MR. KELBERG:

Now, doctor, you talked about the aerobic condition of Mr. Simpson and aerobic condition is--like marathon runners have incredible aerobic condition, right?

298 DR. HUIZENGA:

That's correct.

299 MR. KELBERG:

Would it be accurate to say that there are certain professional football players who may not have particularly good aerobic conditioning?

300 DR. HUIZENGA:

That's absolutely true.

301 MR. KELBERG:

They have tremendous power, though, do they not?

302 DR. HUIZENGA:

That is true.

303 MR. KELBERG:

Now, doctor, if one assumes that the murder of Ronald Goldman was a question of power, not a question of aerobics, because Mr. Goldman had nowhere to go to be chased down, how would you describe the power of Mr. Simpson's upper torso?

304 DR. HUIZENGA:

I would say that he has some difficulties there, specifically the fixed flexion contracture. When you get a boxer, basically your punch is the body and the shoulder, but what you have to do is you have to snap out, you have to snap out your arm, and when you have affixed flexion contracture, imagine a boxer just going like that, (Indicating) You have some problems there. He certainly has power, and I've already described that I thought his motor was, you know, for intensive purposes fairly good, if not absolutely normal. However, that is one defect and the other is his ability to use his hands and the other is if there had to be any bending or any movement of the lower extremity, there could be problems there. Assuming, though, there is--that he is standing in a firm-footed position, then I think that given the difficulties with punching and the difficulties with full motion of that wrist, he would be similar to a man his age of, certainly not a world class athlete, but a man his age he would be average.

305 MR. KELBERG:

Well--

306 DR. HUIZENGA:

I wouldn't hire him to, you know, back me newspaper a bar fight. You know, he isn't that--he isn't as powerful as he looks, but he certainly is as powerful as someone else his stated age.

307 MR. KELBERG:

Doctor, what did do you to assess the power of his upper torso?

308 DR. HUIZENGA:

Basically looking at the flexion contractures of the elbows and the difficulty with the wrist. That is--that is--that is the only point that I'm basing that on.

309 MR. KELBERG:

And doctor, for example, would you describe the condition of Mr. Simpson's upper torso, the chest area, for example--and I will ask Mr. Fairtlough--this is one of the Defense exhibits 1249, the upper torso, the chest, and let me see if I can find the flip side showing the back. Here. I'm not sure if Mr.--well, Mr. Fairtlough, could you make it smaller perhaps and--I think I would rather go by one by one. Let's start with--there we go. Doctor, would you consider Mr. Simpson's upper torso, front and back, to be well-muscled?

310 DR. HUIZENGA:

Absolutely well-muscled.

311 MR. KELBERG:

And doctor, muscles atrophy without use? They basically wither, don't they?

312 DR. HUIZENGA:

That is not true in all instances. Some people have huge muscle builds that work out very, very little. I don't personally fully understand it, but that is not absolutely correct, no.

313 MR. KELBERG:

But it would be very unusual?

314 DR. HUIZENGA:

It is in the realm of possibility, but certainly he has, as I described I think in my exam, a very well-muscled body, certainly above arrange.

315 MR. KELBERG:

Did you ask Mr. Simpson if he lifted weights?

316 DR. HUIZENGA:

Yes, I did.

317 MR. KELBERG:

What was his answer?

318 DR. HUIZENGA:

No, he didn't.

319 MR. KELBERG:

Did he have a weight room in his home, if you know?

320 DR. HUIZENGA:

I don't know that.

321 MR. KELBERG:

Did he belong to any sports clubs, if you know?

322 DR. HUIZENGA:

I don't know that either.

323 MR. KELBERG:

Now, doctor, did you ask him to do any kind of exercise to test the power of that upper torso?

324 DR. HUIZENGA:

No.

325 MR. KELBERG:

That is, for example, bench press? You know what a bench press is undoubtedly?

326 DR. HUIZENGA:

Yes, I do.

327 MR. KELBERG:

What is that, just for everybody's benefit?

328 DR. HUIZENGA:

A bench press is where you lay on your back, you have a bar resting across the breast area, and you extend your arms in this sort of fashion, (Indicating).

329 MR. KELBERG:

Now, are there other tests that could be done, besides a bench press, that would assess Mr. Simpson's upper torso muscle strength?

330 DR. HUIZENGA:

I think you could go through every individual muscle and test its strength. What we did in the office is very generally test his gross strength in terms of his deltoids, in terms of the grip, as I said, in terms of the biceps over the range it was able to go and the triceps over the range it was able to go and those were all grossly normal. But we didn't assess his maximal strength, which is maybe one of the questions that you are asking.

331 MR. KELBERG:

That is what I was going to ask you. You did not in fact assess how much strength he really has, right?

332 DR. HUIZENGA:

That is absolutely correct.

333 MR. KELBERG:

Now, doctor, you mentioned punching maneuver. What evidence, if any, do you have that the killer of these two people punched Mr. Goldman?

334 DR. HUIZENGA:

I have no idea--

335 MR. SHAPIRO:

Objection, your Honor.

336 THE COURT:

Overruled.

337 MR. KELBERG:

You may answer the question.

338 DR. HUIZENGA:

No, I have no idea what the testimony has been about the incident, so I really can't say. That was just--you asked me what his power was and that is the only area that I know he has some deficiency, but--

339 MR. KELBERG:

Well, for example, doctor, if Mr. Goldman was killed with lethal knife thrusts, we are not talking about a punch, right?

340 DR. HUIZENGA:

No.

341 MR. KELBERG:

And there was no limitation--you said he could hold a knife, right?

342 DR. HUIZENGA:

Yes, he can.

343 MR. KELBERG:

And he is right-handed, right?

344 DR. HUIZENGA:

Yes, he is.

345 MR. KELBERG:

And you have no idea--

346 DR. HUIZENGA:

Excuse me. I also did write that in the exam, so that is one small thing.

347 MR. KELBERG:

Do you want to tell us which page?

348 DR. HUIZENGA:

It was page 1, 46-year old right-handed, the chief complaint--

349 MR. KELBERG:

I think I have got it here. Let me check.

350 DR. HUIZENGA:

God willing.

351 MR. KELBERG:

Well, unfortunately, doctor, I think the reason that that is a problem is the copy I was provided does not have on page 1--

352 DR. HUIZENGA:

Okay.

353 MR. KELBERG:

--the first material.

354 DR. HUIZENGA:

I'm sorry. That is--

355 MR. KELBERG:

So I'm glad you brought it to our attention. Doctor, you have no idea then of the maximum strength in his right hand to thrust the knife that he could hold, in your opinion?

356 DR. HUIZENGA:

No, I don't, other than the general tests were normal.

357 MR. KELBERG:

The general tests were all normal in that area, right?

358 (No audible response.)
359 MR. KELBERG:

Now, doctor, are you familiar with something called catecholamines?

360 DR. HUIZENGA:

I know what catecholamines are.

361 MR. KELBERG:

What are they?

362 DR. HUIZENGA:

It's one of the hormones released by the adrenal cortex.

363 MR. KELBERG:

The adrenal cortex; is that correct?

364 DR. HUIZENGA:

The adrenal glands.

365 MR. KELBERG:

And in your training as a physician and your practice as an internist, physiology is a part of your medical knowledge, is it not?

366 DR. HUIZENGA:

Yes, it is.

367 MR. KELBERG:

And adrenaline is a catecholamine, is it not, sir?

368 DR. HUIZENGA:

Yes, it is.

369 MR. KELBERG:

Are you familiar with something called the sympathetic nervous system?

370 DR. HUIZENGA:

Yes, I am.

371 MR. KELBERG:

What is that, sir?

372 DR. HUIZENGA:

Sympathetic nervous system is something that comes into play when what is described in medicine, the four F's, happen, and that is fear, fright, flight and mating.

KEY QUOTE
373 MR. KELBERG:

And I'm sorry, mating?

374 DR. HUIZENGA:

Mating.

375 MR. KELBERG:

Would it be--if somebody were enraged, in an emotional state of rage, that that can stimulate the sympathetic nervous system?

376 DR. HUIZENGA:

Yes, it can.

377 MR. KELBERG:

Now, doctor--and that happens without us intentionally saying to yourselves I got to turn on the sympathetic nervous system?

378 DR. HUIZENGA:

It is automatic.

379 MR. KELBERG:

And in fact one of the things that the sympathetic nervous system releases is adrenaline, right?

380 DR. HUIZENGA:

That's correct.

381 MR. KELBERG:

And from your training and experience as a physician is it correct to say that there are anecdotal incidents reported of people who have very modest strength performing what appear to be superhuman activity when in the throes of an adrenaline rush?

382 DR. HUIZENGA:

I am aware of several reports of mothers lifting cars and whatnot. I can't verify their authenticity.

383 MR. KELBERG:

But there is such anecdotal evidence, right?

384 DR. HUIZENGA:

There is anecdotal reports, right.

385 MR. KELBERG:

Basically those say, for example, the situation of a mother, for example, who is maybe a hundred pounds, ninety pounds, lifting an automobile off of a pinned child, right?

386 DR. HUIZENGA:

I have head of those reports, absolutely.

387 MR. KELBERG:

Now, doctor, if Mr. Simpson murdered Nicole Brown Simpson and Ronald Goldman after being enraged, you would expect that he would be in the throes of an adrenaline rush; is that correct?

388 DR. HUIZENGA:

That is correct.

389 MR. SHAPIRO:

Objection, your Honor, calls for speculation and misstates the evidence.

390 THE COURT:

Overruled.

391 MR. KELBERG:

Your answer is that's correct?

392 DR. HUIZENGA:

That is correct.

393 MR. KELBERG:

And doctor, when professional football players are in a game, the plays last relatively few seconds, do they not?

394 DR. HUIZENGA:

That is true.

395 MR. KELBERG:

They huddle, figure out what play they are going to try and use, right?

396 DR. HUIZENGA:

That's correct.

397 MR. KELBERG:

They walk up to the line of scrimmage and get set to run the play, right?

398 DR. HUIZENGA:

That's correct.

399 MR. KELBERG:

Then the ball is snapped and the play takes off, right?

400 DR. HUIZENGA:

Correct.

401 MR. KELBERG:

And after the play is done the players get up, sometimes slowly to conserve energy, right?

402 DR. HUIZENGA:

Sometimes not at all.

403 MR. KELBERG:

Not at all, and they walk back, assuming they are capable of doing so, to their huddle?

404 DR. HUIZENGA:

Correct.

405 MR. KELBERG:

To do the next play, right?

406 DR. HUIZENGA:

That's correct.

407 MR. KELBERG:

Professional football players learn to harness their energies to release them when it counts during the play, right?

408 DR. HUIZENGA:

I think that is an accurate statement.

409 MR. KELBERG:

And in fact what drives them and enhances their ability is part of the same mechanism that drives an adrenaline rush, correct, the sympathetic nervous system automatically, without asking it to, turning on whatever juices are harnessed in the body?

410 DR. HUIZENGA:

That turns out not to be case. I think that pre-game jitters is when the sympathetic nervous system is just pumping. Actually you get into a game and you make the first couple hits and the first couple plays and you go into a zone. People aren't jiving up, they are not getting a sympathetic rush before every play. They are getting it pre-game possibly, but no. Once you are a professional, it is like somebody in any other profession, you get really nervous once you are out there and doing your thing pretty much all the adrenaline dies down and you--you are--you are really not under the influence of that sympathetic nervous system.

411 MR. KELBERG:

Well, doctor, what then drives the energy--you would agree, would you not, that the player is operating as a much higher heavily of physiologically when involved in the play, let's say a running back like Mr. Simpson, than when he's walking back to the huddle after the play to find out what's the next play?

412 DR. HUIZENGA:

That's correct.

413 MR. KELBERG:

And the body is able to turn it on and turn it off for him, correct?

414 DR. HUIZENGA:

Yes, it is.

415 MR. KELBERG:

And he doesn't have to say to the body I'm turning it on and I'm turning it off; it is a natural aspect of the body's physiological phenomena?

416 DR. HUIZENGA:

That is true.

417 MR. KELBERG:

And so, doctor, is it also accurate that in professional football players become comrades of each other and then a player gets traded to another team and they are now adversaries? Happens?

418 DR. HUIZENGA:

Happens.

419 MR. KELBERG:

But they still are friend off the field, right?

420 DR. HUIZENGA:

Typically.

421 MR. KELBERG:

And in fact after a game it is not unusual that after they have been beating their heads against each other that you will see the players put an arm around each other from an opposing team, walk off the field shaking hands, congratulating each other on a good game, right?

422 MR. SHAPIRO:

Your Honor, objection, relevance, 352.

423 THE COURT:

Are we at about the end of this one?

424 MR. KELBERG:

Yes.

425 MR. KELBERG:

Your answer, doctor? I'm not sure that he answered the question.

426 DR. HUIZENGA:

You were asking whether after a game sometimes opponents shake hands?

427 MR. KELBERG:

And basically renew friendships?

428 DR. HUIZENGA:

I think that happens, absolutely.

429 MR. KELBERG:

They have harnessed whatever rages may drive them during the game to remember their friendships after the game, they are not still going at each other's throats?

430 MR. SHAPIRO:

Objection.

431 MR. KELBERG:

Is that your experience, doctor?

432 MR. SHAPIRO:

Objection, assumes a fact not in evidence and a waste of the Court's time.

433 THE COURT:

Overruled. You may answer the question.

434 MR. KELBERG:

You may answer the question, doctor.

435 DR. HUIZENGA:

That one you are going to have to give me over again.

436 MR. KELBERG:

Doctor--well, Miss Clark is going to help me. I'm not computer literate so--well, it takes too long to do it that way. Doctor, my question is that from your experience you have found, have you not, that players who have harnessed their energies and gone at each other, for lack of a better term, hammer and tong throughout the game can thereafter control those same urges and act in a perfectly normal and cordial fashion with each other afterwards?

437 DR. HUIZENGA:

I think NFL football players are probably no difference than lawyers in terms of attacking opponents and then after the event shaking hands and going back to a civil normal life.

438 MR. KELBERG:

I don't think, doctor, you have to risk any concern that I would physically try and attack you. I present a most meek target. Your Honor, this would be an appropriate time to break.

439 THE COURT:

Do you have much more?

Temperature

tense

Key Quotes (5)

Dr. Robert Huizenga
If he had no limp on the 12th, then obviously something has changed in the interval.
Kelberg forces Huizenga to acknowledge that witness testimony of no limp on June 12th contradicts his findings on June 15th — leaving open the inference that Simpson was faking.
Brian Kelberg
Or perhaps Mr. Simpson was faking a limp in your office?
Kelberg's most pointed suggestion of the examination — that Simpson staged his physical limitations for the defense doctor.
Dr. Robert Huizenga
That certainly would be in the differential.
Huizenga concedes that faking was a medical possibility, severely undermining the defense's physical-limitations narrative.
Dr. Robert Huizenga
I wouldn't hire him to back me in a bar fight. You know, he isn't that -- he isn't as powerful as he looks, but he certainly is as powerful as someone else his stated age.
Memorable concession: Huizenga qualifies Simpson's power downward but cannot deny he retains normal strength for a man his age.
Dr. Robert Huizenga
Sympathetic nervous system is something that comes into play when what is described in medicine, the four F's, happen, and that is fear, fright, flight and mating.
Sets up Kelberg's adrenaline-rush argument — that rage would have physiologically overridden any physical limitation Simpson had.

Evidence (5)

People's 507
Huizenga's initial orthopedic examination report, including knee flexion measurements
Discussed; used to impeach Huizenga on discrepancy between report (15-20 degree limitation) and testimony (25-30 degrees)
People's 513
Huizenga's letter to Dr. Baden noting OJ's left wrist arthritis and its 'implications for the forensic pathologist'
Discussed; used to highlight Huizenga's coordination with defense forensic team
Defense 1249
Photographs of O.J. Simpson's upper torso, front and back
Displayed; Huizenga conceded Simpson was 'absolutely well-muscled'
Informal
Exercise videotapes of O.J. Simpson from late May 1994
Referenced; Huizenga acknowledged seeing them the prior Saturday and also several months earlier
Informal
Huizenga's book about his time as Raiders team physician, including NFL pain-tolerance passages
Quoted at length by Kelberg to establish that NFL players routinely play through severe pain

Notable Exchanges (4)

Brian KelbergDr. Robert Huizenga
Kelberg lay down on the counsel table while Huizenga performed the knee flexion test on him, with Judge Ito asking the doctor to reposition so jurors on both sides could observe. Kelberg removed his jacket with the judge's permission.
procedural but theatrical
Brian KelbergDr. Robert Huizenga
Kelberg exposed a discrepancy: Huizenga's written report said 15-20 degrees of knee flexion limitation, but his direct examination testimony said 25-30 degrees. Huizenga admitted he was 'basically talking off the top of my best of recollections' during testimony.
devastating
Brian KelbergDr. Robert Huizenga
Kelberg walked Huizenga through the adrenaline/sympathetic nervous system argument — getting him to agree that rage triggers adrenaline, adrenaline can produce superhuman strength, and that if Simpson murdered in a rage he would have been in such a state.
strategic
Brian KelbergDr. Robert Huizenga
Kelberg got Huizenga to confirm: (1) no orthopedist evaluated Simpson before trial despite the defense relying on orthopedic findings; (2) Huizenga himself had told the jury no physical limitation prevented the murders; (3) Simpson hadn't seen a doctor in eleven months before June 15.
revealing

Light Moments (6)

Brian Kelberg
Kelberg told the court 'I don't mind lying on my own stuff' when court staff tried to clear the counsel table for him to lie down for the knee demonstration.
Dr. Robert Huizenga
After Kelberg said 'I'm not that flex' during the demonstration, Huizenga noted 'his heel did touch his buttocks' — an unintentional comedic reversal.
Dr. Robert Huizenga
When Kelberg asked what the sympathetic nervous system responds to, Huizenga listed 'fear, fright, flight and mating.' Kelberg repeated 'mating?' in apparent surprise.
Lance A. Ito
After Kelberg put his jacket back on, Judge Ito deadpanned 'Those are the rules.'
Dr. Robert Huizenga
Huizenga muttered 'God willing' while Kelberg searched his copy of the medical report.
Dr. Robert Huizenga
Huizenga invoked Mel Gibson's Braveheart — 'they start withdrawing body organs and he doesn't mutter one yelp' — to illustrate Hollywood pain tolerance versus real life.

Credibility Attacks (4)

⚔ Dr. Robert Huizenga
Prior inconsistent statement
Kelberg confronted Huizenga with a direct contradiction between his written report (15-20 degree knee flexion limitation) and his direct examination testimony (25-30 degrees), forcing Huizenga to admit he was testifying from memory without consulting his own notes.
⚔ Dr. Robert Huizenga
Bias / lack of independence
Kelberg established that Huizenga obtained information about Simpson's physical condition from Simpson's friends, had not independently verified any claimed limitations, and described his own orthopedic exam as a 'throwaway examination' — then asked whether an advocate for Simpson could be unconsciously biased in interpreting pain responses.
⚔ Dr. Robert Huizenga
Qualification challenge
Kelberg repeatedly pressed Huizenga on the fact that he is not an orthopedist and yet testified about orthopedic limitations, while no orthopedist (including Dr. Jobe, Simpson's surgeon of many years) was called to conduct a proper evaluation.
⚔ Dr. Robert Huizenga
Minimization of findings
Through a series of concessions, Kelberg extracted Huizenga's admissions that: Simpson's general strength tests were normal; he could hold and thrust a knife; an adrenaline rush from rage would override physical limitations; and nothing Huizenga found physically prevented Simpson from committing the murders.

Witness Demeanor

(Witness complies.) — returns to stand after physical demonstration
(No audible response.) — Huizenga twice gave no verbal answer to yes/no questions
Defensive and verbose when challenged on not referring Simpson to an orthopedist, repeatedly explaining his medical reasoning at length

Objections

7 objections (3 sustained, 4 overruled)
Proceeding 6862 • 439 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 JUL 17, 1995 📄 Cross-examination of Dr. Rober
JUL 17, 1995 KRT DvH TD