Sidebar: photograph evidence

📄 Sidebar: photograph evidence — Monday, July 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\17\SIDEBAR-PHOTOGRAPH-EVIDENCE.DOC

TRIAL

▲ Day 116 of 167

◀ Cross-examination of Dr. Robert Huizenga (part 3) Cross-examination of Dr. Robert Huizenga (part 4) ▶

Date: Monday, July 17, 1995 • Utterances: 13

A sidebar dispute over whether prosecutor Kelberg could ask Dr. Huizenga about what is happening in a photograph showing Dr. Baden conducting an examination of O.J. Simpson. Shapiro argued the court had previously limited testimony about the July 17th examination to only the fact of a house-call, and that expanding the scope would open up the entire area including why Baden was present. Judge Ito overruled the objection and allowed Kelberg to ask his limited question.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

All right. We are over at the sidebar. What was our limitation on the 17th business? What was our limitation on the 17th?

# 3 MR. SHAPIRO:

Our limitation was, we would not go into where the examination took place or what the substance of the examination was, only that there was a house-call examination by Dr. Huizenga. Otherwise, we're going to open up the whole area why Dr. Baden was there, and I don't think the People want to get into that.

# 4 MR. KELBERG:

I'm just asking--

# 5 MR. SHAPIRO:

If you do let them open it up, then we're ready for it. We'd be more than glad to have that.

# 6 MR. KELBERG:

I'm just asking what is taking place in this photograph. I'm not asking to open up anything. I'm just asking what are they doing. He's testified about hand examinations he's conducted on direct exam, his opinions, and now he seems to be doing a little fast backtracking as to his lack of being an expert in the subject matter. Yet he's nevertheless present to watch what appears to be Dr. Baden conducting a further exam. I think that's of some relevance.

# 7 MR. SHAPIRO:

This is an absolute disgrace. This cross-examination, it is so far beyond any of the scope--

KEY QUOTE

# 8 THE COURT:

Mr. Shapiro, you don't need to adopt that tone.

KEY QUOTE

# 9 MR. SHAPIRO:

It is so far beyond the scope of the relevancy of this man's examination. This man is an internist. He is not a forensic medical examiner. He is not a pathologist. He is not a person who testifies or render opinions. He saw the man. He is here to talk about his medical condition on the 15th and on the 17th. He was not at the crime scene. He knows nothing about any of the facts in this case that have been gone into and, your Honor, if we are going to continue like this, we'll never end this case. This man was called for a very limited purpose, to explain to the jury Mr. Simpson's injuries, physical condition on the 15th.

# 10 THE COURT:

Objection will be overruled at this point.

# 11 MR. KELBERG:

That is all I am going to ask.

# 12 THE COURT:

Be quick.

# 13 (The following proceedings were held in open court:)

Temperature

tense

Key Quotes (4)

Robert Shapiro

This is an absolute disgrace. This cross-examination, it is so far beyond any of the scope--

Shapiro's emotional outburst prompted a rebuke from Judge Ito, revealing the tension over the expanding scope of Huizenga's cross-examination.

Brian Kelberg

He's testified about hand examinations he's conducted on direct exam, his opinions, and now he seems to be doing a little fast backtracking as to his lack of being an expert in the subject matter. Yet he's nevertheless present to watch what appears to be Dr. Baden conducting a further exam.

Kelberg frames the photograph as evidence of Huizenga's credibility problem — present at an exam but now disclaiming expertise.

Lance A. Ito

Mr. Shapiro, you don't need to adopt that tone.

Judicial rebuke of Shapiro's heated rhetoric.

Robert Shapiro

This man is an internist. He is not a forensic medical examiner. He is not a pathologist. He is not a person who testifies or render opinions. He saw the man.

Defense strategy to cabin Huizenga's role narrowly and prevent Kelberg from using the photograph to expand into forensic conclusions.

Evidence (1)

Informal

Photograph showing what appears to be Dr. Baden conducting a physical examination of O.J. Simpson, with Dr. Huizenga present

disputed — Kelberg sought to ask about its contents; Shapiro sought to exclude based on prior ruling

Notable Exchanges (2)

Robert Shapiro•Lance A. Ito

Shapiro called the cross-examination 'an absolute disgrace' and was immediately rebuked by Ito for his tone, before continuing his substantive objection.

heated

Brian Kelberg•Robert Shapiro

Shapiro warned that allowing the photograph question would 'open up the whole area' including why Dr. Baden was present; Kelberg countered that he was only asking what was depicted, not opening new ground.

strategic

Credibility Attacks (1)

⚔ Dr. Huizenga

prior inconsistent testimony / impeachment by conduct

Kelberg used the photograph to suggest Huizenga was 'doing a little fast backtracking' — having testified about hand examinations on direct, he was now distancing himself from expertise while apparently present to observe a further exam by Dr. Baden.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 6866 • 13 utterances

Criminal Trial

Department 103