📄 Recross-examination of Michael Baden (part 1) — Tuesday, December 17, 1996
Address:
C:\DEPT103\CIVIL\1996\DEC\17\RECROSS-EXAMINATION-OF-MICHAEL.DOC
TRIAL
▲ Day 33 of 57

Recross-examination of Michael Baden (part 1)

Witness: Dr. Michael Baden
Examiner: Edward Medvene
Called by: Defense • Date: Tuesday, December 17, 1996 • Utterances: 16
Plaintiff's counsel methodically dismantles Dr. Baden's two-assailant theory by walking him through the shoe print evidence at Bundy and getting him to concede he has no independent expertise or analysis to support broader conclusions. Baden defers entirely to Dr. Henry Lee's findings and admits he could not claim two assailants based solely on the shoe print evidence. The proceeding ends abruptly with Judge Fujisaki calling a lunch recess.
1 Q:

You're not a shoe print expert, are you, Dr. Baden?

2 A:

I am not, sir.

3 Q:

And you performed, yourself, no analysis of what imprints of any kind were at the Bundy scene to determine the origin of those imprints; is that correct, sir?

4 A:

That's correct.

5 Q:

And if -- And if Dr. Lee said that as far as the Bundy walkway was concerned, other than the Bruno Magli footprints that had been previously identified by Agent Bodziak, the only other imprint on the walkway that he could say with scientific certainty was a shoe print, was one particular shoe print, you wouldn't disagree with that, would you?

6 A:

No, not --

7 Q:

And if Dr. Lee said as far as that one particular shoe print, the only other one that he saw on the Bundy walkway, other than the bloody Bruno Magli size 12, if he said he did not know if that imprint was put on the scene after the murder, you would have no basis to disagree with that, would you, sir?

8 A:

I would not disagree with that. There's no -- we can't tell the time any shoe print is put down.

9 Q:

Thank you.

And if Dr. Lee were to testify that he is not able to identify with any degree of scientific certainty, as a shoe print, any imprints that are on an envelope that you referred to, or on jeans you referred to, you would not quarrel with that, would you, sir?

10 A:

I would not quarrel with Dr. Lee's opinion.

KEY QUOTE
11 Q:

All right.

So, basically, then, if we assumed that the testimony is there's one set of bloody Bruno Magli size 12 shoe prints at the crime scene, and one other shoe print that nobody knows when it got there, are you telling us that with some degree of reasonable medical certainty -- you're claiming that based on that there were two assailants?

12 A:

No. I would not make an opinion based on that.

KEY QUOTE
13 Q:

Now, when counsel -- and with respect to that one particular shoe print, the only one Dr. Lee said even though he didn't know when it was there, that he identified as a shoe print, other than the bloody Bruno Magli shoe prints, with respect to that one shoe print that was some distance in the walkway, do -- did you perform any examination to figure how that one shoe print could appear somewhere halfway in the walkway and nowhere else?

14 A:

No, I didn't.

15 Q:

So --

16 THE COURT:

Okay. We're going to resume at 1:30.

Ladies and gentlemen, don't talk about the case, don't form or express any opinions. You're excused.

Temperature

procedural

Key Quotes (3)

Dr. Michael Baden
I would not make an opinion based on that.
Baden walks back any implication that he was claiming two assailants — the core concession the examiner was building toward.
Dr. Michael Baden
I would not quarrel with Dr. Lee's opinion.
Baden fully defers to Lee's more cautious scientific conclusions, undercutting the defense's use of Baden to imply additional perpetrators.
Dr. Michael Baden
There's no -- we can't tell the time any shoe print is put down.
Concession that the mystery shoe print could have been left after the murders, eliminating it as evidence of a second killer present during the crime.

Evidence (3)

Informal
Bruno Magli size 12 bloody shoe prints on the Bundy walkway, previously identified by FBI Agent Bodziak
discussed
Informal
One additional unidentified shoe print on the Bundy walkway, referenced per Dr. Lee's testimony
discussed
Informal
An envelope and jeans referenced by Baden in prior testimony, for which Dr. Lee could not identify any imprints with scientific certainty as shoe prints
challenged

Notable Exchanges (1)

ExaminerDr. Michael Baden
Examiner builds a methodical chain of concessions — Baden is not a shoe print expert, did no shoe print analysis, defers to Lee, and ultimately admits he cannot claim two assailants from the available shoe evidence. Each answer narrows the space for Baden's earlier testimony.
strategic

Credibility Attacks (1)

⚔ Dr. Michael Baden
scope limitation / expert concession
Examiner establishes Baden has no shoe print expertise and did no independent analysis, then uses Baden's own deference to Dr. Lee to dismantle the inference that shoe print evidence supports a two-assailant theory.

Objections

None recorded
Proceeding 8671 • 16 utterances • Defense witness
Civil Trial
Department 103
⚖️ Start
📂 DEC 17, 1996 📄 Recross-examination of Michael
DEC 17, 1996 KRT DvH TD