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 • Lines: 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 did not see the gloves when he took the photograph and questions him about a visible bulge or bunching in the palm area and about heat packs. The cross focuses on Krueger's limited contemporaneous observation of the gloves and the photograph.

# 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--

The witness says he submitted the photograph after hearing discussion that the gloves did not fit and about shrinkage.

Mark Krueger

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

The witness states that he never saw the glove at the time and was just getting a picture of O.J.

Mark Krueger

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

Records Krueger's qualified assessment that the photographed gloves appeared black.

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 directs Krueger to the apparent lump or bunching in the palm area of Exhibit 605-B and asks whether he knows what a heat pack is.

strategic

Robert Blasier•Mark Krueger

Blasier elicits Krueger's estimate of 30 to 35 degrees and that Krueger did not notice Simpson's gloves at the time or observe anything unusual about them.

methodical

Credibility Attacks (2)

⚔ Mark Krueger

undermining observational basis

Blasier elicits that Krueger did not see the gloves that day and was focused on getting a picture of O.J.

⚔ Mark Krueger

questioning submission rationale

Blasier questions why Krueger sent the photograph to prosecutors; Krueger says he did so after hearing discussion that the gloves did not fit and about shrinkage.

Objections

4 objections (0 sustained, 3 overruled)

Proceeding 7587 • 64 lines • Prosecution witness

Criminal Trial

Department 103