Direct examination of Stewart West

📄 Direct examination of Stewart West — Monday, September 11, 1995

Address:

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

TRIAL

▲ Day 151 of 167

◀ Pre-trial discussion Photographic evidence placement ▶

Witness: Stewart West
Examiner: Marcia Clark
Called by: Prosecution • Date: Monday, September 11, 1995 • Utterances: 138

Prosecution rebuttal witness Stewart West, a former professional photographer, testified about photographs he took of OJ Simpson at a 49ers-Oilers game on December 25, 1993, showing Simpson wearing dark gloves on the sideline. On cross, defense attorney Blasier introduced a second photograph West had also provided to prosecutors — one they had not shown the jury — and used it to highlight that the gloves appeared to fit fully on the wrist, while also establishing the gloves appeared black rather than brown.

# 1 (The following proceedings were held in open court, in the presence of the jury:)

# 2 THE COURT:

Thank you, ladies and gentlemen. Please be seated. All right. Let the record reflect we've been rejoined by all the members of our jury panel. Miss Clark, you may call your next witness.

# 3 MS. CLARK:

Thank you, your Honor. People call Mr. Stewart West.

# 4 THE COURT:

All right. Mr. West, would you step over here next to the court reporter, please, and face the clerk.

Stewart West, called as a witness by the People on rebuttal, was sworn and testified as follows:

# 5 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?

# 6 MR. WEST:

Yes, I do.

# 7 THE CLERK:

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

# 8 THE COURT:

All right. Mr. West, would you please state and spell your name.

# 9 MR. WEST:

My name is Stewart West, S-T-E-W-A-R-T W-E-S-T.

# 10 THE COURT:

Thank you, sir. Miss Clark.

DIRECT EXAMINATION BY Ms. CLARK

# 11 MS. CLARK:

Mr. West, can you tell us if you are a professional photographer, sir?

# 12 MR. WEST:

I am not right now, no.

# 13 MS. CLARK:

Were you at some time?

# 14 MR. WEST:

Yes, I was.

# 15 MS. CLARK:

When?

# 16 MR. WEST:

Started in 1989.

# 17 MS. CLARK:

Until?

# 18 MR. WEST:

Until about November of last year.

# 19 MS. CLARK:

`94?

# 20 MR. WEST:

Yes.

# 21 MS. CLARK:

Directing your attention, sir, to the date of December 25th, 1993, can you tell us if you were a professional photographer at that time?

# 22 MR. WEST:

Yes, I was.

# 23 MS. CLARK:

Can you tell us where you were on that date?

# 24 MR. WEST:

I was at Candlestick Park in San Francisco.

# 25 MS. CLARK:

And for what purpose, sir?

# 26 MR. WEST:

I was taking pictures of the San Francisco 49er's, Houston Oilers game?

# 27 MS. CLARK:

And where were you in terms of in the stadium?

# 28 MR. WEST:

I was on the sideline on the 49er's side.

# 29 MS. CLARK:

So were you on a level on the field itself?

# 30 MR. WEST:

Yes, I was.

# 31 MS. CLARK:

Did you see the Defendant there when you were there?

# 32 MR. WEST:

Yes, I did.

# 33 MS. CLARK:

About how far away from him were you?

# 34 MR. WEST:

I was approximately 30 feet away from him.

# 35 MS. CLARK:

And he was on the field as well I take it?

# 36 MR. WEST:

Yes, he was.

# 37 MS. CLARK:

Was there any artificial lighting at that time?

# 38 MR. WEST:

Not that I remember, no.

# 39 MS. CLARK:

And you took photographs of him at that game?

# 40 MR. WEST:

Yes, I did.

# 41 MS. CLARK:

Your Honor, I have here a photograph that I'd like to be marked People's 610.

# 42 THE COURT:

All right. People's 610.

# 43 MS. CLARK:

A small photograph.

# 44 (Peo's 610 for id = photograph)

# 45 MS. CLARK:

Sir, showing you People's 610, can you tell us if you recognize what I've shown you?

# 46 MR. WEST:

Yes, I do.

# 47 MS. CLARK:

What is that?

# 48 MR. WEST:

That is my photograph.

# 49 MS. CLARK:

Is that the photograph you took of the Defendant on December 25th, 1993?

# 50 MR. WEST:

Yes, it is.

# 51 MR. BLASIER:

May I see it?

# 52 MS. CLARK:

Did you send it to the District Attorney's office, sir?

# 53 MR. WEST:

Yes, I did.

# 54 MS. CLARK:

May I put it on the elmo, your Honor?

# 55 THE COURT:

You may.

# 56 MS. CLARK:

I have here, your Honor, two enlargements I'd ask to be marked People's 610-A. First one as 610-A shows the Defendant--it's an enlargement of photo 610, your Honor.

# 57 (Peo's 610-A for id = photograph)

# 58 MS. CLARK:

Show you People's 610-A and ask you if you recognize what's shown there.

# 59 MR. WEST:

Yes, I do.

# 60 MS. CLARK:

What is that?

# 61 MR. WEST:

That is a photograph that I have taken.

# 62 MS. CLARK:

And is that an enlargement of the photograph that was shown to you just now that is up on the screen as People's 610?

# 63 MR. WEST:

Yes, it is.

# 64 MS. CLARK:

True and accurate copies, are they, sir?

# 65 MR. WEST:

Yes.

# 66 MS. CLARK:

Showing you People's 610-B, does that appear to be a further enlargement focusing in more on the gloves of the same photograph?

# 67 (Peo's 610-B for id = photograph)

# 68 MR. WEST:

Yes, it is.

# 69 MS. CLARK:

Also a true and accurate copy of your photograph, sir?

# 70 MR. WEST:

Yes, ma'am.

# 71 MS. CLARK:

And did you send the negatives to the District Attorney's office for authentication to make sure that these were accurate photographs?

# 72 MR. WEST:

Yes, I did.

# 73 MS. CLARK:

All right. Your Honor, I'll just simply ask that these be affixed to the board, the photograph 610 and--A and B with a label.

# 74 THE COURT:

All right. Why don't you show them to Mr. Blasier first.

# 75 MS. CLARK:

And with a label indicating, your Honor, Stewart West, 12-25-93, 49er's versus Houston Oilers.

# 76 THE COURT:

Yes.

# 77 MS. CLARK:

Thank you, your Honor.

# 78 MS. CLARK:

And this game, was it played in San Francisco, sir?

# 79 MR. WEST:

Yes.

# 80 (Discussion held off the record between the Deputy District Attorneys.)

# 81 MS. CLARK:

Nothing further.

# 82 THE COURT:

Mr. Blasier.

# 83 MR. BLASIER:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. BLASIER

# 84 MR. BLASIER:

Good afternoon, Mr. West. How are you?

# 85 MR. WEST:

Fine, thank you.

# 86 MR. BLASIER:

Mr. West, I'm going to ask you to take a look at the blow-up on the board here. And can you see in the picture where the right glove appears to be tucked under around the wrist area or actually above the wrist area?

# 87 MR. WEST:

Yes, I can.

# 88 MR. BLASIER:

You have no way of knowing from this photograph how far that's tucked under, do you?

KEY QUOTE

# 89 MR. WEST:

No, I don't.

# 90 MR. BLASIER:

Do you have any pictures showing the inside of the glove?

# 91 MR. WEST:

No, I don't.

# 92 MR. BLASIER:

Any showing any labels?

# 93 MR. WEST:

No.

# 94 MR. BLASIER:

Any lining?

# 95 MR. WEST:

No.

# 96 MR. BLASIER:

Now, you provided the Prosecution with another picture in addition to this one, didn't you?

# 97 MR. WEST:

That's correct.

# 98 MR. BLASIER:

Your Honor, I'd like to have this marked as Defendant's next.

# 99 THE CLERK:

1371.

# 100 THE COURT:

I'm sorry?

# 101 THE CLERK:

1371.

# 102 THE COURT:

1371.

# 103 (Deft's 1371 for id = photograph)

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

# 105 MR. BLASIER:

1371?

# 106 THE COURT:

Yes.

# 107 MS. CLARK:

We furnished Mr. Blasier with one that doesn't have holes in it.

# 108 THE COURT:

Thank you.

# 109 MR. BLASIER:

Now, Mr. West, take a look at 1371. Is that a picture of the same gloves?

# 110 MR. WEST:

Yes, it is.

# 111 MR. BLASIER:

Same day?

# 112 MR. WEST:

Yes.

# 113 MR. BLASIER:

Run same time?

# 114 MR. WEST:

Yes.

# 115 MR. BLASIER:

May I put this on the elmo, your Honor, please?

# 116 THE COURT:

You may.

# 117 MR. BLASIER:

Mr. West, do you see how the gloves go all the way back on the wrist?

# 118 MR. WEST:

Yes.

# 119 MS. CLARK:

Objection. That calls for conclusion.

# 120 THE COURT:

Overruled.

# 121 MS. CLARK:

Calls for speculation, your Honor.

# 122 THE COURT:

Overruled.

# 123 MR. BLASIER:

Did the Prosecution tell you they were only going to put in one of your pictures?

KEY QUOTE

# 124 MR. WEST:

No.

# 125 MS. CLARK:

Objection.

# 126 MR. BLASIER:

No further questions. I'm sorry.

# 127 MS. CLARK:

Didn't the court rule that some of these were cumulative?

# 128 THE COURT:

Overruled.

# 129 MR. BLASIER:

May I have a minute, your Honor?

# 130 (Brief pause.)

# 131 MR. BLASIER:

One final question.

# 132 MR. BLASIER:

These are black gloves, aren't they?

KEY QUOTE

# 133 MR. WEST:

As far as I can tell, yes.

KEY QUOTE

# 134 MR. BLASIER:

Thank you.

# 135 THE COURT:

Any redirect?

# 136 (Brief pause.)

# 137 MS. CLARK:

I have nothing further.

# 138 THE COURT:

All right. Mr. West, thank you very much for coming in. You're excused, sir. Miss Clark.

Temperature

procedural

Key Quotes (4)

Robert Blasier

These are black gloves, aren't they?

Undermines the prosecution's glove narrative; if the gloves are black, they may not be the brown Aris Leather gloves at issue in the case.

Stewart West

As far as I can tell, yes.

West's hedged confirmation that the gloves appear black — not the color the prosecution needed to tie Simpson to the Aris gloves.

Robert Blasier

You have no way of knowing from this photograph how far that's tucked under, do you?

Neutralizes the prosecution's exhibit by establishing it cannot prove how the glove fits — a direct counter to the 'gloves don't fit' narrative from both sides.

Robert Blasier

Did the Prosecution tell you they were only going to put in one of your pictures?

Implies selective evidence presentation by the prosecution, suggesting they buried a more favorable (for the defense) photograph.

Evidence (4)

People's 610

Photograph taken by West of OJ Simpson on the 49ers sideline, December 25, 1993, showing him wearing dark gloves

introduced, displayed on Elmo

People's 610-A

Enlargement of People's 610

introduced, affixed to board

People's 610-B

Further enlargement of People's 610 focusing specifically on the gloves

introduced, affixed to board

Defendant's 1371

Second photograph taken by West on the same day, also provided to prosecution but not introduced by them; shows gloves going further back on the wrist

introduced by defense on cross-examination, displayed on Elmo

Notable Exchanges (2)

Robert Blasier•Stewart West

Blasier introduced a second photo (Def. 1371) that West had provided to prosecutors but prosecutors chose not to show the jury, then used it to argue the gloves fit fully on the wrist — flipping the prosecution's own witness against their narrative.

strategic

Marcia Clark•Lance A. Ito

After Blasier asked if prosecutors told West they were only using one photo, Clark objected, then tried to explain the court had ruled some photos cumulative. Ito overruled her and cut off the sidebar attempt.

defensive

Credibility Attacks (1)

⚔ Prosecution (institutional)

selective evidence presentation

Blasier implied prosecutors deliberately withheld a second photograph — also provided by West — that showed the gloves fitting more completely on Simpson's wrist, suggesting cherry-picking of evidence.

Objections

3 objections (0 sustained, 3 overruled)

Proceeding 7575 • 138 utterances • Prosecution witness

Criminal Trial

Department 103