Much to the disappointment of the after-lunch courtroom crowd, Dr. Krugman’s collection of Rolling Stone ads were not displayed on the Elmo screen, but merely described, one after another, as containing an appeal to youth, and as maintaining a continuity of theme over the years, even decades– the Marlboro Country and Newport ads especially.
Dr. Krugman emphasized at one point that this pattern of tobacco ads could be repeated in any number of magazines, for example Sports Illustrated. But Dr. Krugman seemed indicate only 3 or 4 tobacco ads per magazine. For sheer numbers, this seemed paltry beside alternative weeklies like the New York Press or the Village Voice and their long histories of massive cigarette advertising. I well remember the October 3, 1998 copy of the Village Voice which featured 9 1/4 pages of tobacco ads. And well do I remember this June 16, 1996 ad, which some may see as somehow appealing to teens: http://www.tobacco.org/Graphics/9806kamel.jpg.
But today, the only graphics to entertain the courtroom masses were a few of Dr. Krugman’s own unprofessional photos of cigarette displays in his local stores in Georgia.
Then B&W’s Kenneth N. Bass (Kirkland & Ellis) began his cross of Dr. Krugman. Mr. Bass, his brown straight hair combed low on his forehead, looks so young he could be a DOJ lawyer. His is an extremely quiet style, his movement so slow he could be your worst image of a government beureaucrat, his vocal tone soft but deliberate. Any fireworks here would be all inside, but he had some doozies lined up.
Dr. Krugman is a small man, and had seemed almost frail as he took the stand. But once answering questions, his voice was strong. He has very short-cropped grey hair, a closely-trimmed mustache and goatee.
Mr. Bass’ most damaging questions concerned the similarity of documents and document quotations used in both Dr. Krugman’s testimony AND in Dr. Dolan’s testimony. AND even worse, in the DOJ’s “Proposed Findings of Fact.”
Had the DOJ fed him the documents, had he cribbed from the FoF, had the DOJ just plain written everyone’s material for them and forgotten all the duplications? Any possible explanation seems just plain weird.
The revelation was especially damaging since none of the documents in question–there were 14 documents with treatments uncannily similar to Dr. Dolan’s, somewhat fewer identicals in the FoF–were not quoted at all in Dr. Krugman’s 2001 Expert Report.
Now we know the reason for the sudden change of heart of the defense attorneys who wanted to question Dr. Dolan so badly one day, and not at all the next. The Defense has projected it will cross examine Dr. Krugman all day today.
It is unlikely that Dr. DeNoble will be called for the one last day before the holidays. Thursday will probably be used for the DOJ’s Redirect, and then for addressing various pending issues such as exhibits, etc.