Sidebar: Geraldo Rivera evidence

📄 Sidebar: Geraldo Rivera evidence — Monday, December 16, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\16\SIDEBAR-GERALDO-RIVERA-EVIDENC.DOC

TRIAL

▲ Day 32 of 57

◀ Session resumption Redirect examination of Dr. Michael Baden (part 1) ▶

Date: Monday, December 16, 1996 • Utterances: 9

Defense attorney Blasier objected to plaintiffs potentially playing a clip from a Geraldo Rivera show featuring Dr. Michael Baden, arguing there was no known inconsistency to justify it. Judge Fujisaki required the plaintiffs to provide an offer of proof before any TV appearance could be shown to the jury.

# 1 (The following proceedings were held at the bench with reporter.)

# 2 MR. BLASIER:

Your Honor, it's my understanding that the plaintiffs may be trying to play a part of the Geraldo show that Dr. Baden appeared on a month or so ago.

I would object to that on the presumption of -- I'm not aware of any inconsistencies or anything relevant on that.

# 3 MR. MEDVENE:

They got into Dr. Spitz's testimony pretty heavily, and if Dr. Baden is -- if he's inconsistent in particular areas with what he said during his TV appearance, we would intend to play it.

# 4 MR. BLASIER:

I would ask there be an offer of proof prior to doing that.

# 5 THE COURT:

I would like to see an offer of proof before you play it.

# 6 MR. MEDVENE:

Okay. Well, we have to see what his testimony is.

# 7 THE COURT:

Well, you will not put on anything from any TV show without some offer of proof.

KEY QUOTE

# 8 MR. MEDVENE:

I understand, Your Honor.

# 9 (The following proceedings were held in open court in the presence of the jury.)

Temperature

procedural

Key Quotes (2)

Robert Blasier

I would object to that on the presumption of -- I'm not aware of any inconsistencies or anything relevant on that.

Defense preemptively blocks TV clip by challenging its relevance before it can be introduced.

Hiroshi Fujisaki

You will not put on anything from any TV show without some offer of proof.

Court sets a clear threshold for admissibility of media appearances as impeachment material.

Evidence (1)

Informal

Geraldo Rivera show segment featuring Dr. Michael Baden

discussed, conditionally blocked pending offer of proof

Notable Exchanges (1)

Robert Blasier•Edward Medvene•Hiroshi Fujisaki

Medvene argued Dr. Baden's TV appearance could show inconsistencies similar to how plaintiffs used Dr. Spitz's testimony; Fujisaki sided with the defense in requiring an offer of proof first.

strategic

Credibility Attacks (1)

⚔ Dr. Michael Baden

prior inconsistent statement

Plaintiffs sought to impeach Baden using statements he made on the Geraldo Rivera show, contingent on identifying specific inconsistencies with his trial testimony.

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 8656 • 9 utterances

Civil Trial

Department 103