📄 Recross-examination of Dr. Robert Huizenga (part 2) — Tuesday, July 18, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUL\18\RECROSS-EXAMINATION-OF-DR-ROBE.DOC
TRIAL
▲ Day 117 of 167

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

Witness: Dr. Robert Huizenga
Examiner: Brian Kelberg
Called by: Defense • Date: Tuesday, July 18, 1995 • Utterances: 21
Kelberg pressed Dr. Huizenga on whether he still believed Simpson was physically capable of committing the murders, trying to lock in his earlier 'yes' answer. Huizenga hedged considerably, walking back his direct affirmation to a more qualified response about strength and limitations. Kelberg then asked point-blank whether Huizenga changed his answer because he realized it would hurt Simpson — a question the judge cut off without objection.
1 (Discussion held off the record between the Deputy District Attorneys.)
2 MR. KELBERG:

Doctor, one last area, and that is Mr. Shapiro asked you about any question that Mr. Simpson has arthritis and whether you changed your opinion after your examination. And I want to ask the further question, is it still your opinion that there is nothing, from your findings of Mr. Simpson's physical condition on June 15th, 1994, which prevents him from murdering two human beings as you previously said he could do?

3 MR. SHAPIRO:

Objection, asked and answered.

4 THE COURT:

Overruled.

5 DR. HUIZENGA:

I believe that given the hypotheticals you've given me before in terms of someone that was in a fixed stationary position, does he have the strength to hold a knife, to wield a knife, I think the answer to that is yes.

6 MR. KELBERG:

My question, though, was to repeat the question that you were initially asked that you said yes, he had the physical capability to murder two human beings, is that still your opinion? Yes or no?

7 MR. SHAPIRO:

Objection, asked and answered, misstates the question.

8 THE COURT:

Overruled.

9 DR. HUIZENGA:

Given a list of hypotheticals, I'm not so sure whether he has the full capabilities to handle two people at once who both are able to flee. If--if individuals were taken or the--I don't really feel like I'm qualified to give you an absolute answer. He has some limitations which I've tried to describe, and I've said that he does have upper body strength and he has certain limitations of his movement, certain difficulties we see in the tape in terms of uncertainty getting off the ground and some slight stumbling motions. And we know at least on the 15th--on the 15th when I saw him he had two joints that were hurting him and affected his ability to walk perfectly. I really can't--can't state more than that, but certainly, as I have said before, given your hypotheticals, there was no medical impediment to holding a knife or slashing someone's throat based on my evaluation of his strength and his upper body evaluation.

10 MR. KELBERG:

Doctor, have you changed to this answer that you just gave from your previous answer, which was a direct yes, that he did have the physical capability to commit the murders because you realize that your earlier answer will hurt Mr. Simpson on the issue of his guilt or innocence in this case?

KEY QUOTE
11 THE COURT:

Sustained. Sustained.

12 MR. KELBERG:

I have nothing further, your Honor.

13 THE COURT:

Madam reporter.

14 REPORTER OLSON:

I'm fine.

FURTHER REDIRECT EXAMINATION BY MR. SHAPIRO

15 MR. SHAPIRO:

Do you have patients to see this afternoon?

16 DR. HUIZENGA:

I hope so.

17 MR. SHAPIRO:

Nothing further.

18 THE COURT:

All right. Doctor, thank you very much. You are excused.

19 MR. KELBERG:

Your Honor, may I ask that the doctor not be excused. I don't paper the need to recall him in rebuttal.

20 THE COURT:

We know where to find him.

KEY QUOTE
21 MR. KELBERG:

Okay.

Temperature

tense

Key Quotes (4)

Dr. Robert Huizenga
certainly, as I have said before, given your hypotheticals, there was no medical impediment to holding a knife or slashing someone's throat based on my evaluation of his strength and his upper body evaluation.
Despite significant hedging throughout his answer, Huizenga ultimately reaffirmed the core prosecution point — no medical barrier to the killings.
Brian Kelberg
Doctor, have you changed to this answer that you just gave from your previous answer, which was a direct yes, that he did have the physical capability to commit the murders because you realize that your earlier answer will hurt Mr. Simpson on the issue of his guilt or innocence in this case?
A blunt accusation that Huizenga was tailoring his testimony to protect Simpson — sustained by the judge before the witness could answer.
Dr. Robert Huizenga
I really can't--can't state more than that, but certainly, as I have said before, given your hypotheticals, there was no medical impediment to holding a knife or slashing someone's throat.
The hedging mid-answer illustrates the tension between a defense witness trying to limit damage and the core opinion he had already committed to.
Lance A. Ito
We know where to find him.
A dry quip dismissing Kelberg's concern about losing the witness — light relief at the end of a tense examination.

Evidence (1)

Informal
Videotape showing Simpson's movement — referenced to support findings of stumbling and difficulty rising from the ground
discussed

Notable Exchanges (3)

Brian KelbergDr. Robert Huizenga
Kelberg tried to re-pin Huizenga to his original direct 'yes' on physical capability; Huizenga gave a lengthy qualified answer that preserved the core opinion but added significant caveats about handling two fleeing victims simultaneously.
strategic
Brian KelbergLance A. Ito
Kelberg asked whether Huizenga changed his answer to protect Simpson from a guilty verdict — Ito cut it off with a double 'Sustained' before Shapiro even objected.
heated
Robert ShapiroDr. Robert Huizenga
Shapiro's entire redirect was one question — 'Do you have patients to see this afternoon?' — a deliberate move to end the examination on a light, humanizing note.
strategic

Light Moments (2)

Robert Shapiro / Dr. Robert Huizenga
Shapiro's sole redirect question asked if Huizenga had patients to see; Huizenga replied 'I hope so.'
Lance A. Ito
When Kelberg asked that the doctor not be excused in case he needed to recall him, Ito replied 'We know where to find him.'

Credibility Attacks (1)

⚔ Dr. Robert Huizenga
bias / changed testimony
Kelberg directly accused Huizenga of softening his 'yes' answer on Simpson's physical capability because he realized it would damage Simpson — framing Huizenga as a defense-aligned witness adjusting testimony to protect his client. The question was sustained before Huizenga could respond.

Objections

3 objections (1 sustained, 2 overruled)
Proceeding 6884 • 21 utterances • Defense witness
Criminal Trial
Department 103
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📂 JUL 18, 1995 📄 Recross-examination of Dr. Rob
JUL 18, 1995 KRT DvH TD