Redirect examination of Dr. Michael Baden (part 1)

📄 Redirect examination of Dr. Michael Baden (part 1) — Monday, December 16, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\16\REDIRECT-EXAMINATION-OF-DR-MIC.DOC

TRIAL

▲ Day 32 of 57

◀ Sidebar: Geraldo Rivera evidence Sidebar: Dr. Baden's employment ▶

Witness: Dr. Michael Baden
Examiner: Robert Blasier
Called by: Defense • Date: Monday, December 16, 1996 • Utterances: 31

Plaintiff's attorney Medvene cross-examines defense forensic pathologist Dr. Baden, first using Dr. Spitz's respected textbook to implicitly undercut Baden's own authority, then systematically attacking Baden's publication record on the very topics he testified about — sharp force injuries, blunt force trauma, and fingernail markings. The proceeding ends with a sidebar after Medvene asks pointedly whether Baden was fired from his position as New York City Medical Examiner.

# 1 Q:

Good afternoon, Dr. Baden?

# 2 A:

Good afternoon, Mr. Medvene.

# 3 Q:

Is it fair to say you have the greatest respect for Dr. Spitz as a forensic pathologist and the quality of work that he does?

# 4 A:

Yeah. I think that's fair, yes.

# 5 Q:

And his book, the Spitz and Fisher book, "Medical Legal Investigation of Death," fair to say that's a standard reference work in the field of pathology?

# 6 A:

I think so, yes.

# 7 Q:

And on occasion, if there's a need, you yourself use it?

# 8 A:

I certainly -- I've read it through. I contributed some chapters in the first two editions.

KEY QUOTE

# 9 Q:

Contributed a chapter on?

# 10 A:

Drug abuse.

# 11 Q:

Drug abuse.

Now, fair to say you regard Dr. Spitz as not only an excellent pathologist, but an excellent teacher in the field of pathology?

# 12 A:

Yes. Yes.

# 13 Q:

And in Dr. Spitz's book, being familiar with it, you're aware that he has a section on fingernails, fingernail marks, and a series of pictures on fingernails; is that correct?

# 14 A:

I believe there's such a description in the chapter on strangulation.

# 15 Q:

Now, is it correct, sir, that you've never published an article in any recognized forensic pathology text on the subject of sharp force injuries, including stab wounds? That's a correct statement, isn't it, sir?

# 16 A:

I've never written an article specifically about that. I think there's a book that I edited that has a chapter on sharp force injuries, an atlas of legal medicine.

# 17 Q:

My question, sir, is, is it correct that you never published an article on sharp force injuries including stab wounds in any recognized forensic pathology text book?

# 18 MR. BLASIER:

Objection, asked and answered.

# 19 THE COURT:

You may answer.

# 20 Q:

(BY MR. MEDVENE) Is that a correct statement?

# 21 A:

I think the text that I referred to is a Japanese text that published in Japan and the United States, an atlas of legal medicine that contains a chapter on the stab wounds, that was published back in the 1960's.

But I haven't written specific articles about stab wounds.

# 22 Q:

Is it fair to say you've not published a chapter in any recognized forensic pathology text book on the subject of blunt force trauma; is that correct?

# 23 A:

The same -- the same caveat that is in this atlas of legal medicine, there's a chapter on blunt and force trauma, too, but I haven't specifically written articles about it for publication in medical journals.

# 24 Q:

You've not published or written a chapter in any recognized forensic pathology text on the subject of fingernails and how you identify fingernail markings; isn't that true?

# 25 A:

That's true.

# 26 Q:

You haven't published -- strike that.

Now, is it correct, sir, that you were -- you made some reference several times in your testimony to your position as a medical examiner of New York City?

# 27 A:

I was in that office from 1960 part-time, '65 full-time, till 1985, yes.

# 28 Q:

And you were terminated or fired at that time?

KEY QUOTE

# 29 MR. BLASIER:

Objection. May we approach?

# 30 Q:

(BY MR. MEDVENE) Is that correct, sir?

# 31 THE COURT:

You may.

Temperature

tense

Key Quotes (3)

Daniel Medvene

And you were terminated or fired at that time?

The proceeding ends on this question — a direct credibility attack suggesting Baden's departure from OCME New York was involuntary, which the defense immediately moved to address at sidebar.

Michael Baden

I've read it through. I contributed some chapters in the first two editions.

Baden inadvertently reinforces Spitz's authority by noting his own prior collaboration with the book — a setup Medvene uses to highlight what Baden has NOT published.

Michael Baden

But I haven't written specific articles about stab wounds.

Baden concedes the core point of the publication attack — that he lacks peer-reviewed publication specifically on the wound types central to this case.

Evidence (2)

Informal

Spitz and Fisher, 'Medical Legal Investigation of Death' — standard forensic pathology reference text

discussed as authoritative baseline to frame Baden's own credentials

Informal

Atlas of Legal Medicine — Japanese/US publication edited by Baden with chapters on sharp force and blunt force injuries

cited by Baden in partial defense of his publication record; Medvene does not concede it qualifies

Notable Exchanges (2)

Daniel Medvene•Michael Baden

Medvene methodically establishes Baden has not published on sharp force injuries, blunt force trauma, or fingernail identification — the three topics most relevant to his testimony about the victims' wounds. Baden hedges with references to an obscure 1960s atlas but ultimately concedes each point.

strategic

Daniel Medvene•Robert Blasier•Hiroshi Fujisaki

Medvene asks whether Baden was 'terminated or fired' from OCME New York; Blasier immediately requests a sidebar. The question hangs unanswered as the transcript ends.

heated

Credibility Attacks (2)

⚔ Michael Baden

lack of qualifications / publication record

Medvene establishes Baden has no peer-reviewed publications specifically on sharp force injuries, blunt force trauma, or fingernail identification — the core subjects of his direct testimony.

⚔ Michael Baden

prior bad act / impeachment

Medvene raises Baden's apparent termination from the New York City Medical Examiner's office in 1985, implying his departure was involuntary — a direct attack on professional reputation.

Objections

2 objections (1 sustained, 1 overruled)

Proceeding 8657 • 31 utterances • Defense witness

Civil Trial

Department 103