📄 Cross-examination of Dr. Robert Huizenga (part 5) — Monday, July 17, 1995
Address:
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▲ Day 116 of 167

Cross-examination of Dr. Robert Huizenga (part 5)

Witness: Dr. Robert Huizenga
Examiner: Brian Kelberg
Called by: Defense • Date: Monday, July 17, 1995 • Utterances: 193
Prosecution attorney Brian Kelberg cross-examines defense witness Dr. Robert Huizenga about the cuts and abrasions found on OJ Simpson's left hand during his June 15th and 17th, 1994 examinations. Kelberg methodically walked through a series of photographs to catalog each injury, then posed a hypothetical asking whether the injuries were consistent with Simpson losing a glove during the murders and being scratched by Ron Goldman. The doctor admitted he had never seen a photo of a thumb injury and had not noted it at the time of examination.
1 (Peo's 517 for id = photograph)
2 MR. KELBERG:

Mr. Fairtlough, if you'll take down the previous one and put this one up. Could we--and focus more again on the back of the hand at the moment rather than on the fingers. Great. And, Mr. Fairtlough, can you take an arrow again and about in the center of the photograph, bring it down. Right--a little further down, please.

3 MR. KELBERG:

Doctor, do you see where the arrow is right now on this exhibit 517?

4 DR. HUIZENGA:

Yes, I do.

5 MR. KELBERG:

Did you observe that particular finding at the time of your June 15th examination?

6 DR. HUIZENGA:

Yes, I did.

7 MR. KELBERG:

Did you form an opinion as to what that represented?

8 DR. HUIZENGA:

No, I did not.

9 MR. KELBERG:

Would you agree that you did not describe it anywhere on your rough diagram which we marked as exhibit 514? That's this.

10 DR. HUIZENGA:

No, I would disagree with that.

11 MR. KELBERG:

All right. Would you--let me show you--you tell me then where you mark these in.

12 DR. HUIZENGA:

Right here (Indicating), these lines right there.

13 MR. KELBERG:

Okay. What do these other lines mean? And we'll get this up so everybody could see.

14 DR. HUIZENGA:

Those were the little--the ditsals that we were talking about.

15 MR. KELBERG:

The ditsals? Which are the ditsals?

16 DR. HUIZENGA:

Immediately to the right of that linear area and then there's one back behind that. Again, those were just to make me remember to look at those on the pictures, but they were definitely there.

17 MR. KELBERG:

Did you ever write a report describing what those things were? I'm sorry. Yes. If we could put exhibit 514 up. We'll come back to the photograph just so everybody can see what you've described. And, doctor, why don't you point out if you would and then maybe Mr. Fairtlough will circle it.

18 (The witness complies.)
19 MR. KELBERG:

Direct him if you can.

20 DR. HUIZENGA:

These areas right here, and there's a dot. Again--there is a little area right there (Indicating). These were areas that, again, I was counting totally on the pictures to document those. I was putting those down as a self-reminder taking the exact pictures I can't draw. It's all very misleading. This wasn't what I intended to do diagrammatically and I wanted to have pictures be the record for that and that's why I had pictures taken.

21 MR. KELBERG:

Doctor, do you still have your original report that we marked? Yes. I'm sorry. That's yours. I think this is the one I need.

22 MR. KELBERG:

Mr. Fairtlough, would you put up again page 440. And for the record, Mr. Fairtlough drew some circles around the area where the doctor had pointed out on his rough diagram.

23 THE COURT:

Yes.

24 MR. KELBERG:

Now, doctor, this is the more complete diagram. And if Mr. Fairtlough will raise it just a bit. Could you raise it just so we can see the bottom. At the bottom, you drew in or wrote in--and maybe you could raise it even further, Mr. Fairtlough, and we'll focus on just right on the end. There we go. We're looking at now those two areas of abrasion--

25 DR. HUIZENGA:

Correct.

26 MR. KELBERG:

--that were seen in the photograph we were looking at, 516 I think that is?

27 DR. HUIZENGA:

Correct.

28 MR. KELBERG:

All right. Now, if we'll bring the rest of the schematic into view. Did you draw in any of those little lines that you drew in in your rough diagram?

29 DR. HUIZENGA:

Yes, I did.

30 MR. KELBERG:

And would you indicate where they are?

31 DR. HUIZENGA:

There's a zigzag line and then those various dots down below.

32 MR. KELBERG:

All right. If you'll direct Mr. Fairtlough.

33 DR. HUIZENGA:

This was intending to be the abrasion, and then these various dots that represented these various other punctate lesions again that I was doing as a mnemonic assuming that these were all going to be replaced by the photos and that this was just something that would--

34 MR. KELBERG:

Where Mr.--I'm sorry.

35 DR. HUIZENGA:

That this was something that would then just keep the whole issue fresh in my mind.

36 MR. KELBERG:

Where Mr. Fairtlough has the uppermost arrow, you said that was in your opinion an abrasion?

37 DR. HUIZENGA:

That was the linear laceration.

38 MR. KELBERG:

Laceration or abrasion, doctor?

39 DR. HUIZENGA:

Linear abrasion.

40 MR. KELBERG:

And let's ask Mr. Fairtlough--you can print that out? Sure. Why don't you print that out.

41 (Brief pause.)
42 MR. KELBERG:

Thanks, Mr. Harris. And now ask you to put up 517 again and again focusing on that, bring the arrow over if you would, please, Mr. Fairtlough, to the right. Right there.

43 MR. KELBERG:

Is that, doctor, what you are now describing as this abrasion?

44 DR. HUIZENGA:

The linear abrasion, correct.

45 MR. KELBERG:

All right. Now, doctor, if Mr. Simpson had had a glove on his left hand, that area would in your opinion be covered if the glove were still being worn; would it not be the situation?

46 DR. HUIZENGA:

It would be difficult to get this sort of abrasion unless there was something inside the glove if in fact your--your premise of wearing a glove were correct, yes.

KEY QUOTE
47 MR. KELBERG:

But if the glove had been forcibly removed, this area of the hand would be exposed; is that correct?

48 MR. SHAPIRO:

Objection. Speculation, argumentative.

49 THE COURT:

Sustained. Sustained.

50 MR. KELBERG:

Doctor, I want you to assume hypothetically that Mr. Simpson did murder Nicole Brown Simpson and Ronald Goldman.

51 MR. SHAPIRO:

Objection. May we approach, your Honor?

52 THE COURT:

Sustained. Rephrase the question.

53 MR. KELBERG:

I want--

54 MR. SHAPIRO:

May we approach, your Honor?

55 THE COURT:

No.

56 MR. SHAPIRO:

Make a record?

57 THE COURT:

No. Proceed.

58 MR. KELBERG:

--that the perpetrator of the murders of Nicole Brown Simpson and Ronald Goldman wore gloves, left and right hand, that in the effort to perpetrate the murder, he lost the left glove, exposing the hand as we see it in this photograph. With me so far on this hypothetical?

59 DR. HUIZENGA:

Yes, I am.

60 MR. KELBERG:

And that in the course of Mr. Goldman trying to get the knife in the right hand of the perpetrator away from his neck, that he scratched the perpetrator's left hand that was being used to control him, much like I demonstrated with you earlier this afternoon. Do you have that assumption?

61 MR. SHAPIRO:

Objection, your Honor. May we approach?

62 THE COURT:

Overruled.

63 MR. KELBERG:

Do you have that assumption in mind, doctor?

64 DR. HUIZENGA:

Yes, I do.

65 MR. KELBERG:

Again, would this be consistent in your opinion with an injury received by Mr. Simpson under such a hypothetical set of circumstances?

66 DR. HUIZENGA:

Can I see some pictures of that cut so that I can just make sure they're right to left?

67 MR. KELBERG:

Sure.

68 DR. HUIZENGA:

Because you'd think for it then if his right hand--

69 MR. KELBERG:

For the record, I'm giving the witness exhibit 517.

70 THE COURT:

Yes.

71 DR. HUIZENGA:

That would be a possibility.

KEY QUOTE
72 MR. KELBERG:

That would be a possibility? I'm sorry.

73 DR. HUIZENGA:

That would be a possibility.

KEY QUOTE
74 MR. KELBERG:

May I recollect? Now, doctor, I'm just going to ask you collectively regarding these other injuries. But to do so, let me mark some additional photographs, and I'll show them to you collectively.

75 MR. KELBERG:

Your Honor, what appear to be seven additional photographs of the left wrist or hand area, may they be marked collectively 518-A through whatever the next letter would be?

76 THE COURT:

Yes.

77 (Peo's 518-A through 518-I for id = photographs)
78 MR. KELBERG:

And then what appear to be two photographs of the right hand. I'm sorry. I need to add one more of the left hand to the collection. A photograph of the right hand that I'd ask to be marked as exhibit 519.

79 THE COURT:

19.

80 MR. KELBERG:

19?

81 THE COURT:

19.

82 (Peo's 519-A and B for id = photographs)
83 MR. KELBERG:

May I approach? There are two of them. I'm sorry. I was right the first time. 519-A and B. May I approach the witness?

84 THE COURT:

You may.

85 MR. KELBERG:

Doctor, would you look at 518-A through whatever it is going to end, which as you are looking at them, my question to you is, do each of these photographs fairly and accurately show the left hand, wrist or arm near the area of the wrist of Mr. Simpson as of the time you saw him on June 15th and June 17th, 1994?

86 MR. SHAPIRO:

We'll stipulate these are photographs--

87 DR. HUIZENGA:

Excuse me?

88 THE COURT:

No. Go ahead.

89 MR. SHAPIRO:

We'll stipulate these are photographs that we turned over to Mr. Kelberg.

90 THE COURT:

Go ahead and look at the photographs. Mr. Kelberg.

91 MR. KELBERG:

I certainly accept the stipulation as required under Defense discovery, but the question was, do these fairly and accurately represent the areas depicted as of the time seen by Dr. Huizenga on June 15th and June 17th, 1994.

92 THE COURT:

Proceed.

93 MR. KELBERG:

And that's the purpose I ask you to look at them, doctor.

94 (Brief pause.)
95 THE COURT:

Mr. Kelberg.

96 MR. KELBERG:

Doctor, you've had a chance to review each of them?

97 DR. HUIZENGA:

Yes, I have.

98 MR. KELBERG:

Do each of those photographs fairly and accurately show the area depicted in each of the photographs as seen by you on June 15th and June 17th, 1994?

99 DR. HUIZENGA:

The areas of the injuries are similar, correct.

100 MR. KELBERG:

And basically, do the photographs fairly show them? In other words, it's not a distortion what we're looking at?

101 DR. HUIZENGA:

No, I don't believe these are distorted.

102 MR. KELBERG:

Now, doctor, let me add two other photographs. Oh, I'm sorry. This one has been marked. I'm not sure that this one has. Just to be on the safe side, another one to add to the 518 collection, your Honor?

103 THE COURT:

All right.

104 MR. KELBERG:

Of the left hand.

105 MR. KELBERG:

Same question to you, doctor. Does that fairly and accurately show the area of the left hand, back of the left hand as you saw it on June 15th and June 17th?

106 DR. HUIZENGA:

Yes, it does.

107 MR. KELBERG:

And let me show you then the two photographs marked 519-A and B and ask you basically the same question regarding the back of the right hand.

108 DR. HUIZENGA:

Yes, it does.

109 MR. KELBERG:

Doctor, with respect to the left hand, how many injuries--and I will include cuts, abrasions together. How many injuries did you see on June 15th on Mr. Simpson, whether you diagrammed them in or you have to go on the basis of photographs? And let me give you the photographs, and you can look through them to count if necessary.

110 DR. HUIZENGA:

He sustained an injury to his proximal interphalangeal joint that we've discussed. He sustained an injury to the distal third interphalangeal joint. He sustained an injury that appeared to be continuous, but did have a mid--a mid-break area on the fourth--basically from the D, the distal to the proximal interphalangeal joint.

111 MR. KELBERG:

Let me stop you if you're done with that description because we have a photograph I'm going to ask you--this is one of the Defense exhibits, 1249.

112 DR. HUIZENGA:

That's correct.

113 MR. KELBERG:

All right, doctor. If Mr. Fairtlough can get us the arrow again. Why don't you trace for us on this photograph the course that you're talking about. And I think you may need to bring--there you go, Mr. Fairtlough.

114 DR. HUIZENGA:

Basically it's difficult to see here, at least my angle. But the incision, the laceration starts here (Indicating), and there appear to be kind of a continuous cyanidol pattern right here. It seemed to be one injury to me at the time. That was my initial impression.

115 MR. KELBERG:

In looking at this photograph or any of the other photographs, has your opinion changed as to whether or not in fact this may be the product of separate injuries?

116 DR. HUIZENGA:

I still think that it's--it's a continuing type of injury.

117 MR. KELBERG:

Now, we could go on--and, Mr. Fairtlough, if you could print that out perhaps. And, your Honor, could the printout just be added to the Defense exhibit of 1249? Want to make it a People's exhibit? Then it's 520.

118 THE COURT:

520.

119 (Peo's 520 for id = printout)
120 MR. KELBERG:

We're done with the photographs.

121 THE COURT:

All right. Five minutes, Mr. Kelberg.

122 MR. KELBERG:

Okay.

123 MR. KELBERG:

Any other on the left? Any others on the left?

124 DR. HUIZENGA:

Oh, and then we had the abrasion that we noted here. We had--

125 MR. KELBERG:

May I approach, your Honor?

126 DR. HUIZENGA:

--as I recall, three punctate lesions.

127 MR. KELBERG:

A lesion being an injury?

128 DR. HUIZENGA:

An injury, kind of a small circular area.

129 MR. KELBERG:

And let me have--your Honor, just to be on the safe side, could this be 519-A so we'll be able to--518-A. Excuse me.

130 THE COURT:

All right.

131 MR. KELBERG:

Mr. Fairtlough, will you put that up so we can all see what the doctor is looking at? And we're going to focus down toward the arm from where we saw that linear abrasion. Is that right, doctor?

132 DR. HUIZENGA:

That is correct.

133 MR. KELBERG:

And if Mr. Fairtlough gets the arrow up to the right. To the right. To the right. Up. Right there. Is that one of the injuries, the punctate lesions as you've described it?

134 DR. HUIZENGA:

Yes, it is.

135 MR. KELBERG:

And is that consistent with an abrasion, punctate abrasion much like you described the other as being a linear abrasion?

136 DR. HUIZENGA:

Of some sort.

137 MR. KELBERG:

Did they appear to be in approximately the same state of healing?

138 DR. HUIZENGA:

Yes, they did.

139 MR. KELBERG:

Are there any other abrasions as seen in this photograph, 518-A?

140 DR. HUIZENGA:

Yes. There's one below that and a little bit off to the right.

141 MR. KELBERG:

All right. If we can lower the arrow. To the right. Down further, Mr. Fairtlough, perhaps. To the right.

142 DR. HUIZENGA:

To the right.

143 MR. KELBERG:

Right there about, doctor?

144 DR. HUIZENGA:

Correct.

145 MR. KELBERG:

And is that a similar punctate abrasion?

146 DR. HUIZENGA:

Yes, it is.

147 MR. KELBERG:

Anything else in this photograph?

148 DR. HUIZENGA:

I don't see anything in that photograph.

149 MR. KELBERG:

If Mr. Fairtlough could print this perhaps. And, your Honor, 518-AA as the printout?

150 THE COURT:

Yes.

151 (Peo's 518-AA for id = printout)
152 MR. KELBERG:

Any others, doctor?

153 DR. HUIZENGA:

There was, you know--on one of the pictures here, there were three. That's why I said that they were very--the other one was somewhat smaller than that.

154 MR. KELBERG:

Why don't you show me which photograph. We can put it up.

155 DR. HUIZENGA:

These I believe were the two that you have just mentioned, and there was--I don't really see it on this picture.

156 MR. KELBERG:

Let me ask you to look actually at one of the--

157 DR. HUIZENGA:

I don't see it on this picture.

158 MR. KELBERG:

--the large photographs of the left hand.

159 MR. KELBERG:

And I'll make this 518-B.

160 MR. KELBERG:

Do you see what appears to be some kind of injury on the thumb?

161 DR. HUIZENGA:

Yes, I do.

162 MR. KELBERG:

Was that one of the injuries you saw?

163 DR. HUIZENGA:

No, it was not.

164 MR. KELBERG:

Was it--do you know when this photograph was taken?

165 DR. HUIZENGA:

I have no idea.

166 MR. KELBERG:

As between the 15th of the 17th? We stipulated this has been provided by Defense counsel. Can you tell us when?

167 DR. HUIZENGA:

Umm, that looks like the 15th.

168 MR. KELBERG:

And, Mr. Fairtlough, could you put this 518-B up and see if we can see this injury on the thumb area. You're going to--there we go. Do you want to switch perhaps the other direction, Mr. Fairtlough? Now--I mean with the thumb vertical. I'm sorry. And down and about in the--halfway down from the thumbnail, Mr. Fairtlough, with an arrow.

169 MR. KELBERG:

You have no recollection, doctor, of seeing that injury on the 15th?

170 DR. HUIZENGA:

That was one of the things I didn't indicate and--on the initial evaluation and obviously was there if that's the 15th, but I didn't make a note of that.

171 MR. KELBERG:

I didn't hear the last part. I'm sorry.

172 DR. HUIZENGA:

I didn't make a note of that and I haven't seen this picture ever before.

KEY QUOTE
173 MR. KELBERG:

And, doctor, in looking at the picture, do you have an opinion as to whether this is a cut or an abrasion?

174 DR. HUIZENGA:

It appears also to be an abrasion of some sort.

175 MR. KELBERG:

Any other injuries, doctor, to the left hand?

176 DR. HUIZENGA:

The two that we discussed near the ulnar styloid.

177 MR. KELBERG:

Any others?

178 DR. HUIZENGA:

No. That's--that's everything.

179 MR. KELBERG:

Let me show you the right-hand photos. We have two photos of the right hand, 519-A and B. In the photographs, do you see any cuts or abrasions?

180 DR. HUIZENGA:

No. I don't see any cuts or abrasions here.

181 MR. KELBERG:

Do you see--you described I think seeing a paper cut on the 17th that you didn't initially see on the 15th; is that accurate?

182 DR. HUIZENGA:

No, that's not accurate.

183 MR. KELBERG:

You saw a paper cut at the tip of one of the fingers on the right hand; is that--

184 DR. HUIZENGA:

On the 15th and the 17th.

185 MR. KELBERG:

Same one though?

186 DR. HUIZENGA:

Same one.

187 MR. KELBERG:

Okay. And you have no idea when that was received age wise, do you?

188 DR. HUIZENGA:

No. I basically asked how he got the cuts, and he said he cut it on glass, and I basically did not pursue that.

189 MR. KELBERG:

And that included the right-hand paper cut on the end of the particular finger? Is that a yes?

190 DR. HUIZENGA:

That is a yes.

191 MR. KELBERG:

Your Honor, does the Court wish to take a break at this point?

192 THE COURT:

Yes. All right. Ladies and gentlemen, we're going to take our mid afternoon break. Please remember all my admonitions to you. And we'll stand in recess for 15. Doctor, you can step down. Return in 15. All right.

193 (Recess.)

Temperature

tense

Key Quotes (4)

Dr. Robert Huizenga
That would be a possibility.
Huizenga concedes that Simpson's left-hand injuries are consistent with Kelberg's murder hypothetical — that Simpson lost a glove and Goldman scratched his exposed hand during the struggle.
Dr. Robert Huizenga
I didn't make a note of that and I haven't seen this picture ever before.
The doctor admits he missed documenting a thumb abrasion visible in a defense-provided photograph, undermining the completeness of his examination.
Dr. Robert Huizenga
It would be difficult to get this sort of abrasion unless there was something inside the glove if in fact your--your premise of wearing a glove were correct, yes.
Partial concession to Kelberg's glove theory, while hedging on the underlying premise.
Dr. Robert Huizenga
I was putting those down as a self-reminder taking the exact pictures I can't draw. It's all very misleading. This wasn't what I intended to do diagrammatically.
Huizenga distances himself from his own rough diagram, characterizing it as a mnemonic device rather than a formal medical record — useful for both sides in undermining or contextualizing his documentation.

Evidence (7)

People's 514
Dr. Huizenga's rough hand diagram from June 15th examination
discussed, witness clarified notation markings
People's 517
Photograph of back of left hand showing linear abrasion
introduced, discussed in relation to glove hypothetical
People's 518-A through 518-I (and 518-AA)
Photographs of Simpson's left wrist and hand area from June 15th and June 17th
introduced, authenticated by witness, printout added
People's 519-A and B
Photographs of Simpson's right hand
introduced, authenticated — no cuts or abrasions visible
People's 520
Printout of annotated Defense exhibit 1249 showing laceration course
introduced
Defense 1249
Photograph of Simpson's left hand used to trace laceration pattern
discussed, annotated with arrow on screen
+ 1 more

Notable Exchanges (3)

Brian KelbergDr. Robert Huizenga
Kelberg posed a hypothetical — assume the perpetrator wore gloves, lost the left glove during the murder, and was scratched by Goldman trying to wrestle a knife away. Huizenga said it 'would be a possibility' that Simpson's injuries were consistent with this scenario.
strategic
Brian KelbergDr. Robert Huizenga
Kelberg introduced exhibit 518-B showing a thumb abrasion; Huizenga acknowledged the injury was visible in the photo but stated he had never seen the photograph before and had not noted the injury in his records.
revealing
Brian KelbergRobert Shapiro
Shapiro objected twice in rapid succession as Kelberg tried to ask Huizenga to assume Simpson committed the murders. Judge Ito sustained the first objection (requiring rephrasing) and denied Shapiro's requests to approach the bench, then overruled the follow-up objection to the rephrased hypothetical.
heated

Credibility Attacks (1)

⚔ Dr. Robert Huizenga
omission / incomplete documentation
Kelberg highlighted that Huizenga's rough diagram was described by the doctor himself as misleading and not intended as a formal record, and that Huizenga failed to note or photograph a visible thumb abrasion that appeared in defense-provided photographs.

Witness Demeanor

(The witness complies.) — pointing out diagram markings at counsel's direction
(Brief pause.) — while witness reviewed photographs 518-A through end

Objections

3 objections (2 sustained, 1 overruled)
Proceeding 6871 • 193 utterances • Defense witness
Criminal Trial
Department 103
⚖️ Start
📂 JUL 17, 1995 📄 Cross-examination of Dr. Rober
JUL 17, 1995 KRT DvH TD