Freelance photographer Michael Romano testified that he photographed OJ Simpson in the media room after a Raiders-Bills game in Buffalo, New York on January 15, 1994. The prosecution introduced two photographs (People's 611 and 611-A, an enlargement) showing Simpson's left hand wearing black gloves, with Clark drawing attention to what appeared to be a tag on the glove's wrist area. The defense countered that the frigid conditions (-30 to -35 degrees) meant everyone was wearing gloves and hand warmers, and that the photo couldn't prove what was under Simpson's glove.
# 1 MS. CLARK: Thank you. People call Michael Romano.
Michael Romano, called as a witness by the People on rebuttal, was sworn and testified as follows:
# 2 THE COURT: All right. Mr. Romano, would you come over here and stand by the court reporter, please, and face the clerk.
# 3 THE CLERK: 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?
# 4 MR. ROMANO: Yes, I do.
# 5 THE CLERK: Please have a seat on the witness stand and state and spell your first and last names for the record.
# 6 MR. ROMANO: Michael Romano, M-I-C-H-A-E-L R-O-M-A-N-O.
# 7 THE COURT: Mr. Romano, sit back and why don't you pull the microphone closer to you. Thank you, sir. Miss Clark.
DIRECT EXAMINATION BY Ms. CLARK
# 8 MS. CLARK: Mr. Romano, are you a freelance--excuse me. Are you a photographer, sir?
# 9 MR. ROMANO: Yes, I am.
# 10 MS. CLARK: And what kind of photographer are you?
# 11 MR. ROMANO: Freelance photographer.
# 12 MS. CLARK: And directing your attention, sir, to the date of January 15th, 1994, what was your occupation at that time?
# 13 MR. ROMANO: I was a photographer.
# 14 MS. CLARK: And on January 15th, 1994, sir, where were you?
# 15 MR. ROMANO: I was in buffalo, New York.
# 16 MS. CLARK: And why were you there?
# 17 MR. ROMANO: I was photographing the Los Angeles Raiders football game against the Buffalo Bills.
# 18 MS. CLARK: Can you tell us, sir, where you--if you took any photographs of the Defendant on that date on January--in January of 1994?
# 19 MR. ROMANO: Yes, I did.
# 20 MS. CLARK: And where did you take photographs of him?
# 21 MR. ROMANO: I shot a photograph in the media room after the football game.
# 22 MS. CLARK: And where is the media room, sir?
# 23 MR. ROMANO: The media room is adjacent to the locker room where they bring the players after the game.
# 24 MS. CLARK: And now, the photograph that you took of the Defendant, did you sell that photograph to someone, sir?
# 25 MR. ROMANO: Yes, I did.
# 26 MS. CLARK: Who did you sell it to?
# 27 MR. ROMANO: The National Enquirer.
# 28 MS. CLARK: Are you here under subpoena, sir?
# 29 MR. ROMANO: Yes, I am.
# 30 MS. CLARK: You did not ask to come here; is that right?
# 31 MR. ROMANO: No, I did not.
# 32 MS. CLARK: I'm going to show you a photograph--
# 33 MS. CLARK: Your Honor, People's 611 and 611-A.
# 34 THE COURT: All right. 611 and 611-A.
# 35 (Peo's 611 and 611-A for id = photographs) # 36 MS. CLARK: Showing you 611, sir, can you tell us if you recognize the photograph that I'm showing you?
# 37 MR. ROMANO: Yes, I do.
# 38 MS. CLARK: And what is that?
# 39 MR. ROMANO: That is the photograph that I shot.
# 40 MS. CLARK: And you shot this photograph you told us in the media room, that's just a room just outside the locker room?
# 41 MR. ROMANO: Right. Where they hold post-game interviews.
# 42 MS. CLARK: Now, was that in New York?
# 43 MR. ROMANO: Buffalo, New York.
# 44 MS. CLARK: And the photograph that's been marked People's 611-A, can you tell us if that is an enlargement of the portion of the photograph in 611 that shows the Defendant's left hand?
# 45 MR. ROMANO: Yes, it is.
# 46 MS. CLARK: And is it an accurate enlargement, sir?
# 47 MR. ROMANO: Yes, it is.
# 48 MS. CLARK: If I may show this on the elmo, your Honor.
# 49 THE COURT: You may. Which photograph is this?
# 50 MS. CLARK: 611 first, your Honor.
# 51 THE COURT: All right. Mr. Romano, just look at your monitor and see if you recognize it. Miss Clark.
# 52 MS. CLARK: Thank you.
# 53 MS. CLARK: Now, this photograph, sir, is this the photograph you took of the Defendant on January 15th, 1994, in the media room?
# 54 MR. ROMANO: Yes, it is.
# 55 MS. CLARK: And where--how far away from him were you when you took this photograph, sir?
# 56 MR. ROMANO: About a distance of three to five feet.
# 57 MS. CLARK: Showing you People's 611-A, from three to five feet away, sir, did you use a zoom lens then?
# 58 MR. ROMANO: No, I didn't. I used a 50-millimeter lens.
# 59 MS. CLARK: Do you recall what time it was?
# 60 MR. ROMANO: Oh, it was about 4:30 in the afternoon.
# 61 MS. CLARK: Did you use a flash, sir?
# 62 MR. ROMANO: Yes, I did.
# 63 MS. CLARK: Do you recall what the film speed was?
# 64 MR. ROMANO: 200 ASA.
# 65 MS. CLARK: Now, did you send us negatives so that we could verify the accuracy of the print?
# 66 MR. ROMANO: Yes, I did.
# 67 MS. CLARK: And when you sent your negatives to a lab for processing, did you ask for any special processing?
# 68 MR. ROMANO: No, I don't.
# 69 (Discussion held off the record between the Deputy District Attorneys) # 70 MS. CLARK: Do you see--strike that.
# 71 MS. CLARK: I have nothing further.
# 72 THE COURT: Mr. Blasier.
CROSS-EXAMINATION BY MR. BLASIER
# 73 MR. BLASIER: Mr. Romano, good afternoon.
# 74 MR. ROMANO: Good afternoon, sir.
# 75 MR. BLASIER: This was in buffalo?
# 76 MR. ROMANO: Buffalo, New York, yes.
# 77 MR. BLASIER: In January of `94, correct?
# 78 MR. ROMANO: Yes, it was.
# 79 MR. BLASIER: What was the temperature?
KEY QUOTE # 80 MR. ROMANO: It was about 30, 35 below zero.
KEY QUOTE # 81 MR. BLASIER: Very cold, wasn't it?
# 82 MR. ROMANO: Very uncomfortable.
# 83 MR. BLASIER: A lot of people wearing gloves?
# 84 MR. ROMANO: Yes, sir.
# 85 MR. BLASIER: A lot of people with hand warmers?
# 86 MR. ROMANO: Yes, sir.
# 87 MR. BLASIER: The kind of hand warmers that slip under a glove in the palm?
# 88 MR. ROMANO: I wouldn't be able to see that, but I imagine.
# 89 MR. BLASIER: So you have no way of knowing whether Mr. Simpson had one of those under his palm there, do you?
KEY QUOTE # 90 MR. ROMANO: No, I don't.
# 91 MR. BLASIER: Could we have that back on the elmo, please?
# 92 MR. BLASIER: Now, those gloves are black, aren't they?
# 94 MR. BLASIER: The bulkiness around the fingers, is that consistent with your recollection of what they looked like at the time?
# 95 MS. CLARK: Well, objection. Assumes facts not in evidence, he has an independent recollection.
# 96 THE COURT: Overruled.
# 97 MS. CLARK: No foundation.
# 98 THE COURT: Overruled.
# 100 MR. BLASIER: And the rolled-up area, extra leather at the wrist there?
# 101 MR. BLASIER: Objection. Characterization.
# 102 THE COURT: Sustained.
# 103 (Discussion held off the record between Defense counsel.) # 104 MR. BLASIER: That's all.
# 105 THE COURT: Miss Clark.
# 106 MS. CLARK: Could you put that back up?
REDIRECT EXAMINATION BY Ms. CLARK
# 107 MS. CLARK: Sir, what--do you see that white oblong thing sticking out of the edge of the wrist area of that glove?
# 108 MR. ROMANO: Yes, I do.
# 109 MS. CLARK: You see the arrow pointing to it, sir?
# 110 MR. ROMANO: Yes, I do.
# 111 MS. CLARK: Does that appear to be the tag attached to the glove?
# 112 MR. BLASIER: Well, objection. The photograph speaks for itself, no foundation.
# 113 THE COURT: Sustained.
# 114 MS. CLARK: What does that appear to be to you, sir?
# 115 MR. BLASIER: Objection. Speculation.
# 116 THE COURT: Overruled. You can answer the question.
# 117 MR. ROMANO: It appears to be some sort of tag attached to the glove.
KEY QUOTE # 118 (Discussion held off the record between the Deputy District Attorneys.) # 119 MS. CLARK: Thank you. Nothing further.
RECROSS-EXAMINATION BY MR. BLASIER
# 120 MR. BLASIER: You can't read anything on that, can you?
KEY QUOTE # 121 MR. ROMANO: Looking at the photograph, no, I can't read anything.
# 122 MR. BLASIER: Thank you.
# 123 MS. CLARK: Nothing further.
# 124 THE COURT: Is that it?
# 125 MS. CLARK: Yes. May I ask that these photographs also be attached to the board and labeled, your Honor?
# 126 THE COURT: Yes. Do you have any further questions for Mr. Romano?
# 127 MS. CLARK: Nothing further.
# 128 THE COURT: Mr. Blasier, anything further for Mr. Romano?
# 130 THE COURT: All right. Mr. Romano, thank you very much for coming out, sir.
# 131 MR. ROMANO: Thank you.