Cross-examination of Kevin Schott

📄 Cross-examination of Kevin Schott — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\CROSS-EXAMINATION-OF-KEVIN-SCH.DOC

TRIAL

▲ Day 151 of 167

◀ Direct examination of Kevin Schott Sidebar: defense counsel discussion ▶

Witness: Kevin Schott
Examiner: Robert Blasier
Called by: Prosecution • Date: Monday, September 11, 1995 • Utterances: 89

Defense attorney Robert Blasier cross-examines Kevin Schott, a fan who photographed OJ Simpson wearing gloves at a Buffalo Bills game in November 1993. Blasier probes the weather conditions (attempting to normalize glove-wearing) and then pivots to suggest Schott or his attorney tried to sell the photos to Inside Edition before turning them over to the prosecution, implying a financial motive that could taint the witness.

# 1 THE COURT:

Mr. Blasier.

# 2 MR. BLASIER:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. BLASIER

# 3 MR. BLASIER:

Good afternoon, Mr. Schott.

# 4 MR. SCHOTT:

Good afternoon.

# 5 MR. BLASIER:

How are you doing?

# 6 MR. SCHOTT:

Fine, thank you.

# 7 MR. BLASIER:

November of `93 is when these pictures were taken, correct?

# 8 MR. SCHOTT:

Correct.

# 9 MR. BLASIER:

In buffalo?

# 10 MR. SCHOTT:

In buffalo.

# 11 MR. BLASIER:

Do you live in buffalo?

# 12 MR. SCHOTT:

I live in Orchard Park.

# 13 MR. BLASIER:

Is that near buffalo?

# 14 MR. SCHOTT:

It's near buffalo.

# 15 MR. BLASIER:

November in the Buffalo area generally isn't cool. It's generally very, very cold. Was this an unusually warm day or a cold day?

# 16 MR. SCHOTT:

I'm not a weatherman, but in Buffalo in November, we could have some days where they start out cool. For example, today I believe it's getting warmer, and the afternoons can warm up.

# 17 MR. BLASIER:

Okay. But in November--I mean, we're just in early September.

# 18 MR. SCHOTT:

Correct. But in November, you could have some nice days where it's cool in the morning and then it will warm up.

# 19 MR. BLASIER:

Okay. How many people were in the stadium roughly, if you know? Was it sold out?

# 20 MR. SCHOTT:

My best guess is yes, it was, but I don't know that for a fact.

# 21 MR. BLASIER:

A lot of people wearing gloves?

KEY QUOTE

# 22 MR. SCHOTT:

I don't believe so. I wasn't looking for that.

# 23 MR. BLASIER:

Okay. So you don't know?

# 24 MR. SCHOTT:

I really don't know.

# 25 MR. BLASIER:

Is there anything particularly unusual about wearing gloves on that day?

# 26 MR. SCHOTT:

No.

# 27 MR. BLASIER:

Do you have men's gloves?

# 28 MR. SCHOTT:

Yes, I do.

# 29 MR. BLASIER:

Now, are these the only pictures that you took?

# 30 MR. SCHOTT:

No, they're not.

# 31 MR. BLASIER:

All right. And where are the other pictures?

# 32 THE COURT:

I take it you're referring to that afternoon?

# 33 MR. BLASIER:

Yeah. I meant that afternoon of Mr. Simpson.

# 34 MR. SCHOTT:

I--of Mr. Simpson?

# 35 MR. BLASIER:

Yes.

# 36 MR. SCHOTT:

I believe the District Attorney has what I printed up.

# 37 MR. BLASIER:

Okay. But these are the ones that you've identified here in court today, and that's actually only two different pictures, is it? Am I correct in that?

# 38 MR. SCHOTT:

Correct.

# 39 MR. BLASIER:

Now, I think you indicated you have a lawyer?

# 40 MR. SCHOTT:

Yes, I do.

# 41 MR. BLASIER:

Dealing with these pictures?

# 42 MR. SCHOTT:

Yes, I do.

# 43 MR. BLASIER:

When did you send these pictures to the Prosecution?

# 44 MS. CLARK:

Objection. Vague. Which ones?

# 45 THE COURT:

Sustained. Rephrase the question.

# 46 MR. BLASIER:

When did you send the pictures that you took of Mr. Simpson to the Prosecution?

# 47 MS. CLARK:

Objection. Vague.

# 48 THE COURT:

Overruled.

# 49 MR. SCHOTT:

I talked to my friend, who happens to be my lawyer, and I believe it was somewhere between June 23rd and June 26th.

# 50 MR. BLASIER:

Of this year?

# 51 MR. SCHOTT:

Of this year, 1995.

# 52 MR. BLASIER:

Did you try and sell them to inside edition before you sent them to the Prosecution?

# 53 MR. SCHOTT:

I did not try to sell them to inside edition.

# 54 MR. BLASIER:

Did your attorney on your behalf try to sell them?

# 55 MR. SCHOTT:

I don't believe he did either. I'm not sure.

# 56 MR. BLASIER:

Was contact made with inside edition to try and negotiate the sale of these pictures?

# 57 MR. SCHOTT:

It may have been. I don't know.

KEY QUOTE

# 58 MR. BLASIER:

Did you authorize him to do that?

KEY QUOTE

# 59 MR. SCHOTT:

No, I did not.

# 60 MR. BLASIER:

He did it on his own?

# 61 MS. CLARK:

Objection. Speculation.

# 62 THE COURT:

Sustained.

# 63 MR. BLASIER:

Were you aware your agent, your attorney, was attempting to sell these pictures?

# 64 MS. CLARK:

Objection. That mischaracterizes--misstates the testimony.

# 65 THE COURT:

Sustained. Rephrase the question.

# 66 MR. BLASIER:

Do you have any knowledge of your agent, your attorney, trying to sell these pictures on your behalf?

# 67 MS. CLARK:

Objection. Misstates the testimony.

# 68 THE COURT:

Overruled.

# 69 MR. SCHOTT:

I don't know what he was doing. I just submitted the photos to him and I asked him to look into it for me.

# 70 MR. BLASIER:

Look into what?

# 71 MR. SCHOTT:

Look into--

# 72 MR. BLASIER:

How much you could get for them?

# 73 MR. SCHOTT:

No. I asked him to look into sending to the Prosecution to share the evidence.

KEY QUOTE

# 74 MR. BLASIER:

When did he contact inside edition if you know?

# 75 MR. SCHOTT:

I don't know if he did.

# 76 MS. CLARK:

Objection, your Honor. Assumes facts not in evidence.

# 77 THE COURT:

Sustained.

# 78 MR. BLASIER:

Who is your lawyer?

# 79 THE COURT:

He's indicated he doesn't know what happened.

# 80 MR. BLASIER:

Who is your lawyer?

# 81 MR. SCHOTT:

Robert Lee.

# 82 MR. BLASIER:

Is he here with you?

# 83 MR. SCHOTT:

Yes, he is.

# 84 MR. BLASIER:

Where is he? In the courtroom?

# 85 MR. SCHOTT:

No, he isn't.

# 86 MR. BLASIER:

Upstairs?

# 87 MR. SCHOTT:

Yes, he may be.

# 88 MR. BLASIER:

All right. Will he be around after court today?

# 89 MR. SCHOTT:

I believe so.

Temperature

tense

Key Quotes (4)

Robert Blasier

A lot of people wearing gloves?

Blasier attempts to establish that glove-wearing at a November Bills game was unremarkable, undermining the photos' evidentiary weight.

Kevin Schott

It may have been. I don't know.

Schott's uncertainty about whether his own attorney contacted Inside Edition is a damaging admission suggesting possible profit motive.

Kevin Schott

I asked him to look into sending to the Prosecution to share the evidence.

Schott reframes the attorney contact as altruistic, but the hedging throughout undercuts this claim.

Robert Blasier

Did you authorize him to do that?

Blasier methodically pins Schott down on whether he knew or approved of any media sale attempt.

Evidence (1)

Informal

Photographs of OJ Simpson taken at a Buffalo Bills game in November 1993, showing Simpson wearing gloves

discussed, provenance challenged

Notable Exchanges (2)

Robert Blasier•Kevin Schott

Blasier presses Schott on whether his attorney tried to sell the photos to Inside Edition before submitting them to prosecutors. Schott admits he doesn't know what his attorney did, only that he 'submitted the photos to him.'

strategic

Robert Blasier•Kevin Schott

Brief exchange on November Buffalo weather to normalize glove-wearing in the stadium crowd.

procedural

Light Moments (1)

Kevin Schott

Blasier and Schott have a mild exchange about Buffalo November weather, with Schott offering unsolicited meteorological commentary: 'I'm not a weatherman, but in Buffalo in November, we could have some days where they start out cool.'

Credibility Attacks (1)

⚔ Kevin Schott

bias/financial motive

Blasier implies Schott or his attorney attempted to sell the photos to Inside Edition for profit before turning them over to prosecutors, suggesting the witness was motivated by money rather than civic duty.

Objections

6 objections (4 sustained, 2 overruled)

Proceeding 7601 • 89 utterances • Prosecution witness

Criminal Trial

Department 103