Plaintiffs Produce New Photos Of Simpson
SANTA MONICA, Calif. (Jan. 6) -- Despite strenuous objections from the defense, jurors in the O.J. Simpson civil trial examined newly discovered photographs that allegedly show Simpson wearing Bruno Magli shoes. On the witness stand, defense expert Robert Groden said the pictures did not change his opinion that the photographs he examined were likely doctored.
Also Monday morning, deposition testimony from former Los Angeles Police Department photographer Rolf Rokahr was read into the record. LAPD officer Richard Aston, who was at the Bundy and Rockingham crime scenes, is currently on the stand.
This afternoon, the defense is scheduled to read into the record deposition testimony from Hertz employees Raymond Kilduff and James Merrill and patent lawyer Mark Partridge. Simpson is scheduled to take the stand on Friday.
The new pictures -- taken by photographer E.J. Flammer -- were allegedly shot on the same day as the ones taken by freelance photographer Harry Scull, which were entered into evidence. The defense is arguing that Scull's photos are fake. This morning, in argument before the jury came in, the defense said it will make a similar attack on the new pictures. Simpson lawyer Daniel Leonard told Judge Hiroshi Fujisaki that the latest photographs were "highly suspicious" and that he would vigorously contest their authenticity. The plaintiffs, however, called the pictures "pure impeachment," pointing out that Simpson earlier testified that the Scull pictures were fake.
Judge Fujisaki allowed the plaintiffs to show the pictures to Groden -- and the jury -- but did not accept them into evidence. However, lead plaintiffs lawyer Daniel Petrocelli told the court that Flammer will be the plaintiffs' first witness when the rebuttal phase of the trial begins. The new photographs will likely be then admitted into evidence.
"This is total sandbagging, your honor," complained Leonard after the ruling.
Retorted Judge Fujisaki: "That's usually what impeachment amounts to, counsel."
The jury scrutinized about seven pictures taken by Flammer, some of them blowups focusing on the shoes. The plaintiffs also passed around a contact sheet showing 30 pictures that they say show Simpson wearing the Bruno Maglis. The pictures, which show Simpson talking to other people at the football game, are much clearer than the ones taken by Scull and provide a good view of the shoes at different angles. One of the photographs was published in 1993 in a Buffalo Bills newsletter. Although Flammer swore in an affidavit that those are the pictures he took, they have not yet been authenticated in court. Nor have the shoes been positively identified as Bruno Maglis.
Photo expert Robert Groden, confronted with the new photographs, said they would not change his opinion on the Scull pictures.
"If there were other photographs of Mr. Simpson taken the same day, September 26, 1993, in the same stadium, at the same football game, with a different camera, by a different photographer . . . wouldn't that compel you to conclude that your analysis was wrong?" Gelblum asked.
"No," replied Groden.
Later on redirect examination, Groden explained that the new pictures did not erase the problems he found in the Scull photographs.
"The anomalies I found in that photograph are still there," Groden said. "A hundred more photographs are not going to change that."
-Robert Schmidt
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