Direct examination of Kevin Schott

📄 Direct examination of Kevin Schott — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\DIRECT-EXAMINATION-OF-KEVIN-SC.DOC

TRIAL

▲ Day 151 of 167

◀ Return to open court Cross-examination of Kevin Schott ▶

Witness: Kevin Schott
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, September 11, 1995 • Utterances: 102

Photography teacher Kevin Schott testified as a People's rebuttal witness, describing photographs he took of OJ Simpson on the sideline of a Buffalo Bills game on November 21, 1993. The photographs, marked People's 608 with enlargements A, B, and C, show Simpson from the waist up — including a close-up of his right hand in a black glove holding a microphone. The testimony was brief and purely foundational, establishing the photos' authenticity and chain of custody.

# 1 THE COURT:

All right. Mr. Schott, would you just stand right here by the court reporter, please. Face Mrs. Robertson, our clerk.

Kevin J. Schott, called as a witness by the People on rebuttal, was sworn and testified as follows:

# 2 THE CLERK:

Thank you. Raise your right hand, please. You do solemnly swear that the testimony you may give in the cause now pending before this court, shall be the truth, the whole truth and nothing but the truth, so help you God?

# 3 MR. SCHOTT:

I do.

# 4 THE CLERK:

Please have a seat on the witness stand and state and spell your first and last names for the record.

# 5 MR. SCHOTT:

Kevin J. Schott, K-E-V-I-N J. S-C-H-O-T-T.

# 6 THE COURT:

All right. Miss Clark. I'm sorry. Do we have a fresh--thank you. Miss Clark.

DIRECT EXAMINATION BY Ms. CLARK

# 7 MS. CLARK:

Mr. Schott, can you tell us what you do for a living?

# 8 MR. SCHOTT:

I am a teacher.

# 9 MS. CLARK:

And what do you teach, sir?

# 10 MR. SCHOTT:

I teach photography.

# 11 MS. CLARK:

And where is that that you teach photography?

# 12 MR. SCHOTT:

Orchard Park high school.

# 13 MS. CLARK:

And where is that?

# 14 MR. SCHOTT:

In Orchard Park, New York.

# 15 MS. CLARK:

New York?

# 16 MR. SCHOTT:

Correct.

# 17 THE COURT:

How do you spell that? Orchard?

# 18 MR. SCHOTT:

Orchard Park.

# 19 THE COURT:

All right. I'm sorry. I misunderstood you.

# 20 MS. CLARK:

Try and keep your voice up.

# 21 MR. SCHOTT:

Okay.

# 22 MS. CLARK:

All right, sir. Directing your attention to the date of November 21st, 1993, can you tell us where you were on that date?

# 23 MR. SCHOTT:

I was at Rich Stadium in Orchard Park, New York.

# 24 MS. CLARK:

And for what purpose were you at that stadium?

# 25 MR. SCHOTT:

To take photographs for my students.

# 26 MS. CLARK:

Was there a game going on at that time?

# 27 MR. SCHOTT:

Correct.

# 28 MS. CLARK:

What game was that?

# 29 MR. SCHOTT:

The Buffalo Bills against the Indianapolis Colts.

# 30 MS. CLARK:

And where did that take place?

# 31 MR. SCHOTT:

At Rich Stadium.

# 32 MS. CLARK:

In what state?

# 33 MR. SCHOTT:

New York.

# 34 MS. CLARK:

Is that upstate New York, sir?

# 35 MR. SCHOTT:

Western New York.

# 36 MS. CLARK:

Now, while you were there, sir, did you take photographs?

# 37 MR. SCHOTT:

Yes, I did.

# 38 MS. CLARK:

I'm going to show you--and did you send us some photographs, sir? By us, I mean the District Attorney's office.

# 39 MR. SCHOTT:

Umm, I didn't. My lawyer did.

# 40 MS. CLARK:

I have a photograph here I'd ask be marked People's next in order, 608.

# 41 THE COURT:

608.

# 42 (Peo's 608 for id = photograph)

# 43 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 44 MS. CLARK:

I show you People's 608 and ask you, sir, if this is the photograph that you sent to the District Attorney's office?

# 45 MR. SCHOTT:

It is a photo that I sent to my lawyer.

# 46 MS. CLARK:

Okay. And is that the photograph that you took at the game on November 21st, 1993, in New York?

# 47 MR. SCHOTT:

Yes, it is.

# 48 MS. CLARK:

I'm going to show--

# 49 MS. CLARK:

I ask that the--I have three other enlargements, your Honor, 608--if they could be marked 608-A, B and C. First of all--

# 50 THE COURT:

So marked.

# 51 MS. CLARK:

--a, a full face of the Defendant.

# 52 THE COURT:

Actually appears to be from the waist up.

# 53 MS. CLARK:

From the waist up, your Honor. Thank you. 608-B, a close-up shot of his right hand holding the glove.

# 54 THE COURT:

Actually appears it's a white gloved hand holding a microphone is what it appears to be.

KEY QUOTE

# 55 MS. CLARK:

A black gloved hand on the microphone. And a close-up of the Defendant holding the microphone in his right hand. Let me see if I can distinguish it. That does not go as far down as his waist, People's 608-C.

KEY QUOTE

# 56 THE COURT:

All right. So marked.

# 57 (Peo's 608-A, B and C for id = photographs)

# 58 MS. CLARK:

Showing you these photographs, sir, that's 608-A, B and C, can you tell us if you recognize these photographs?

# 59 MR. SCHOTT:

Yes, I do.

# 60 MS. CLARK:

How do you recognize them?

# 61 MR. SCHOTT:

They're photographs that I took at the game.

# 62 MS. CLARK:

Now, can you tell us or where you were when you took these photographs?

# 63 MR. SCHOTT:

I was on the sideline of the Buffalo Bills and I was on the bills' side.

KEY QUOTE

# 64 MS. CLARK:

So you were actually on the field?

# 65 MR. SCHOTT:

Correct.

# 66 MS. CLARK:

Can you tell us how far away you were from the Defendant when you took these pictures?

# 67 MR. SCHOTT:

I would say approximately 10 to 14 feet.

# 68 MS. CLARK:

Do you recall what kind of camera you used?

# 69 MR. SCHOTT:

A Canon EO630.

# 70 MS. CLARK:

Did you use a flash, sir?

# 71 MR. SCHOTT:

No, I did not.

# 72 MS. CLARK:

Can you tell us what time of day it was when you took these photographs?

# 73 MR. SCHOTT:

Approximately 11:30.

# 74 MS. CLARK:

And what were the lighting conditions? What was the weather like?

# 75 MR. SCHOTT:

Umm, relatively sunny. I--I believe it was a little cool towards the morning.

# 76 MS. CLARK:

Now, did you send the negatives to us for these photographs for authentication?

# 77 MR. SCHOTT:

I believe my lawyer did, yes.

# 78 MS. CLARK:

May I ask that the photographs be taped on to the board, your Honor, and labeled as indicated?

# 79 THE COURT:

Yes. All right. Mr. Fairtlough.

# 80 MS. CLARK:

May I ask that--while Mr. Fairtlough is doing that--that we pass around one of these, 608-A?

# 81 THE COURT:

All right. 608-A, if you'll hand it to juror--hand it to juror no. 165. Let's make him first for a change.

# 82 MS. CLARK:

Thank you, your Honor.

# 83 (People's 608-A was examined by the jurors.)

# 84 THE COURT:

All right. Miss Clark, just so the record is clear, that's 608-C that you've handed to 165?

# 85 MS. CLARK:

Thank you, your Honor. Yes.

# 86 THE COURT:

All right.

# 87 MS. CLARK:

If we may put the label on the board, your Honor.

# 88 THE COURT:

Yes.

# 89 MS. CLARK:

For the record, the label indicates Kevin Schott, 11-21-91, colts versus bills.

# 90 MS. CLARK:

All right. Now, the development of these photographs, sir--

# 91 THE COURT:

Excuse me, counsel.

# 92 MS. CLARK:

I'm sorry, your Honor.

# 93 (Brief pause.)

# 94 THE COURT:

All right. The court stands corrected. The photograph that's actually being passed around that 1386 has right now is actually 608-A. All right. The record should reflect that each of the jurors has had an opportunity to view 608-A. Miss Clark.

# 95 MS. CLARK:

Thank you, your Honor.

# 96 MS. CLARK:

Did you send these photographs out for development at a lab?

# 97 MR. SCHOTT:

The film to be developed?

# 98 MS. CLARK:

I'm sorry. Yes.

# 99 MR. SCHOTT:

Yes. I sent the film out to be developed.

# 100 MS. CLARK:

All right. Was there any special processing that you requested on this film?

# 101 MR. SCHOTT:

No.

# 102 MS. CLARK:

Thank you. I have nothing further.

Temperature

procedural

Key Quotes (4)

Marcia Clark

608-B, a close-up shot of his right hand holding the glove.

Clark's initial description underscores the prosecution's purpose — placing Simpson in black gloves prior to the murders.

Lance A. Ito

Actually appears it's a white gloved hand holding a microphone is what it appears to be.

Ito's correction of Clark mid-description is a minor but notable moment, forcing Clark to clarify the exhibit on the record.

Marcia Clark

A black gloved hand on the microphone.

Clark's correction re-anchors the key visual detail — Simpson wearing a black glove — which is the entire point of this rebuttal witness.

Kevin Schott

I was on the sideline of the Buffalo Bills and I was on the bills' side. I would say approximately 10 to 14 feet.

Establishes the witness's proximity and vantage point, lending credibility to the photographic detail.

Evidence (4)

People's 608

Original photograph taken by Schott at the Bills vs. Colts game, November 21, 1993, showing OJ Simpson

introduced, authenticated by witness

People's 608-A

Enlargement showing Simpson from the waist up

introduced, passed to jury for examination

People's 608-B

Close-up of Simpson's right hand in a black glove, holding a microphone

introduced

People's 608-C

Additional close-up of Simpson holding the microphone in his right hand

introduced

Notable Exchanges (2)

Marcia Clark•Lance A. Ito

Clark described 608-A as 'a full face of the Defendant'; Ito immediately corrected her that it 'actually appears to be from the waist up.' Clark then misdescribed 608-B as showing 'a white gloved hand' before correcting herself to 'a black gloved hand.' Ito also caught Clark passing the wrong exhibit to the jury (608-C instead of 608-A).

mildly corrective

Lance A. Ito

When directing the first juror to receive the photograph, Ito said 'hand it to juror no. 165. Let's make him first for a change,' suggesting a running awareness of juror rotation order.

light

Light Moments (1)

Lance A. Ito

Ito, on handing the photo to juror 165: 'Let's make him first for a change.'

Objections

None recorded

Proceeding 7600 • 102 utterances • Prosecution witness

Criminal Trial

Department 103