Cross-examination of Mark Krueger

📄 Cross-examination of Mark Krueger — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\CROSS-EXAMINATION-OF-MARK-KRUE.DOC

TRIAL

▲ Day 151 of 167

◀ Direct examination of Mark Krueger Redirect examination of Mark Krueger ▶

Witness: Mark Krueger
Examiner: Robert Blasier
Called by: Prosecution • Date: Monday, September 11, 1995 • Utterances: 64

Defense attorney Blasier cross-examines prosecution witness Mark Krueger, who had submitted a 1990 photograph of OJ Simpson wearing dark gloves. Blasier establishes that Krueger never actually noticed the gloves at the time — he was just photographing OJ — and suggests that a visible bulge in the palm area of the gloves could indicate a heat pack insert rather than a proper fit. The cross is brief and strategic, aimed at limiting the evidentiary weight of the photo.

# 1 THE COURT:

All right. Mr. Blasier, cross-examine.

# 2 MR. BLASIER:

Just one moment. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

CROSS-EXAMINATION BY MR. BLASIER

# 3 MR. BLASIER:

Mr. Krueger, how are you?

# 4 MR. KRUEGER:

Good. How you doing?

# 5 MR. BLASIER:

Good. Now, this picture was taken in December of 1990, correct?

# 6 MR. KRUEGER:

Correct.

# 7 MR. BLASIER:

At some point, you sent the photograph to the Prosecutors in this case, correct?

# 8 MR. KRUEGER:

Yes.

# 9 MR. BLASIER:

When did you send it to them?

# 10 MR. KRUEGER:

I believe it was just right before the end of their Prosecution case. It was probably about right around--I think it was like the 1st of July or somewhere maybe between the 1st and the 4th of July.

# 11 MR. BLASIER:

Now, I take it you had seen Mr. Rubin testify. Is that what prompted you to send the picture?

# 12 MR. KRUEGER:

No.

# 13 MR. BLASIER:

What prompted you to send the picture?

# 14 MS. CLARK:

Objection. Objection, your Honor. Irrelevant.

# 15 THE COURT:

Overruled.

# 16 MR. KRUEGER:

What--I just--they said the gloves didn't fit and they were talking about the shrinkage, and I just had this photo, so I just brought it into evidence. I figured it would--

KEY QUOTE

# 17 MR. BLASIER:

Okay. And so you sent it to them before they rested their case?

# 18 MR. KRUEGER:

Yes.

# 19 MR. BLASIER:

Did they follow up and call you and tell you anything or do anything at that point?

# 20 MR. KRUEGER:

They just said--

# 21 MS. CLARK:

Same objection. What's the relevance?

# 22 THE COURT:

Overruled.

# 23 MR. KRUEGER:

They just said they'd be in touch with me if they needed anything further. If they needed to verify if it was actually the same gloves and if they found out it was, then there would be a chance they might need me to testify.

# 24 MR. BLASIER:

And they told you that at some point?

# 25 MR. KRUEGER:

Yes.

# 26 MR. BLASIER:

Now, how cold was it that day?

# 27 MR. KRUEGER:

I would say anywhere from 30 to 35 degrees.

# 28 MR. BLASIER:

And were there a lot of people at this game?

# 29 MR. KRUEGER:

It was packed.

# 30 MR. BLASIER:

A lot of people wearing gloves?

# 31 MR. KRUEGER:

Yeah. I would assume. Actually, I don't know that. That was the last thing on my mind, was gloves. I wasn't looking to see that.

# 32 MR. BLASIER:

But it was a real cold day?

# 33 MR. KRUEGER:

Not real cold. For that time of the year, it wasn't really all that cold.

# 34 MR. BLASIER:

Did you have gloves on?

# 35 MR. KRUEGER:

No.

# 36 MR. BLASIER:

Did you take note of any other people's gloves?

# 37 MR. KRUEGER:

No.

# 38 MR. BLASIER:

Anything particularly unusual about these gloves that you saw?

# 39 MR. KRUEGER:

Actually I didn't see them that day.

# 40 MR. BLASIER:

Okay. When you look at the picture, there's nothing particularly unusual that you can see in there, is there?

# 41 MR. KRUEGER:

No.

# 42 MS. CLARK:

Objection. Vague.

# 43 THE COURT:

Overruled.

# 44 MR. BLASIER:

Now, I want you to look at the blow-up on the right on the board. Maybe you can step down just a second.

# 45 THE COURT:

I think that's 605-B.

# 46 MR. BLASIER:

605-B. And can you see how it appears to be that there's some sort of a lump or bunching up in the palm area?

# 47 MR. KRUEGER:

Yeah.

# 48 MR. BLASIER:

Let me put that on the elmo and see if that shows up. You can go ahead and take your seat and look at the monitor. I'll use the telestrator.

# 49 (The witness complies.)

# 50 MR. BLASIER:

Now, you see the area that I've circled or that Mr. Harris has circled on the monitor?

# 51 MR. KRUEGER:

Yes.

# 52 MR. BLASIER:

And that's the area that appears to be a bulge or bunched up in some fashion?

# 53 MR. KRUEGER:

Yeah.

# 54 MR. BLASIER:

Do you know what a heat pack is?

# 55 MR. KRUEGER:

No.

# 56 MR. BLASIER:

Do you know--have you ever seen the devices that you can break and generates heat, you can put them in your glove?

# 57 MS. CLARK:

Objection. Calls for speculation, your Honor.

# 58 THE COURT:

Excuse me. Have you ever seen such a thing?

# 59 MR. KRUEGER:

Yeah, I've seen them.

# 60 MR. BLASIER:

Now, did you at any time take notice of Mr. Simpson take anything out of those gloves or put anything in them or did you even bother to notice anything like that?

# 61 MR. KRUEGER:

Like I said, I never knew--I never saw the glove even. I was just getting a picture of O.J.

KEY QUOTE

# 62 MR. BLASIER:

Okay. Now, there's no doubt in your mine that those gloves are black, is there?

# 63 MR. KRUEGER:

From what I can see, I believe them to be black.

KEY QUOTE

# 64 MR. BLASIER:

All right. Thank you. That's all I have.

Temperature

procedural

Key Quotes (3)

Mark Krueger

they said the gloves didn't fit and they were talking about the shrinkage, and I just had this photo, so I just brought it into evidence. I figured it would--

Reveals the witness volunteered the photo on his own initiative in response to media coverage, raising questions about bias or motive.

Mark Krueger

Like I said, I never knew--I never saw the glove even. I was just getting a picture of O.J.

Key admission undercutting the photo's value — the witness had no contemporaneous awareness of the gloves, making identification uncertain.

Mark Krueger

From what I can see, I believe them to be black.

Blasier locks in the color as black, potentially to distinguish from the brown Aris gloves at issue or to create ambiguity.

Evidence (1)

605-B

Blow-up photograph from December 1990 showing OJ Simpson wearing dark gloves at a football game

displayed on Elmo with telestrator annotation highlighting a bulge or bunching in the palm area

Notable Exchanges (2)

Robert Blasier•Mark Krueger

Blasier draws attention to a visible bulge in the palm area of the gloves in Exhibit 605-B and asks whether Krueger knows what a heat pack is, implying the gloves may have been stuffed rather than fitting normally.

strategic

Robert Blasier•Mark Krueger

Blasier establishes that the day was cold (30-35 degrees), many people were wearing gloves, yet Krueger never noticed OJ's gloves at the time and cannot speak to anything unusual about them.

methodical

Light Moments (1)

Mark Krueger

Witness opens cross with casual small talk: 'Good. How you doing?' — unusually informal for the witness stand.

Credibility Attacks (2)

⚔ Mark Krueger

undermining observational basis

Blasier establishes that Krueger never actually saw or noticed the gloves on the day of the photo — he was focused on photographing OJ — making his ability to identify them as Simpson's gloves essentially nil.

⚔ Mark Krueger

motive/bias suggestion

Blasier highlights that Krueger volunteered the photo to prosecutors on his own initiative after following trial coverage about glove shrinkage, implying he was not a neutral witness but someone actively trying to help the prosecution.

Witness Demeanor

(The witness complies.) — steps down to examine blow-up board, then returns to seat

Objections

4 objections (0 sustained, 3 overruled)

Proceeding 7587 • 64 utterances • Prosecution witness

Criminal Trial

Department 103