Direct examination of Craig Baumgarten (part 2)

📄 Direct examination of Craig Baumgarten (part 2) — Tuesday, December 3, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\3\DIRECT-EXAMINATION-OF-CRAIG-BA.DOC

TRIAL

▲ Day 24 of 57

◀ Sidebar: Craig Baumgarten testimony Redirect examination of Craig Baumgarten ▶

Witness: Craig Baumgarten
Examiner: Dan Leonard
Called by: Defense • Date: Tuesday, December 3, 1996 • Utterances: 35

Petrocelli pressed Baumgarten on Simpson's state of mind the morning of June 12, establishing that Simpson was angrier than Baumgarten had ever seen him during a golf course argument — an anger unprecedented in their friendship. The critical exchange came at the end: Petrocelli tried to get Baumgarten to confirm Simpson said it was 'over for good' with Nicole, but Baumgarten carefully corrected the framing, recalling Simpson said only that they 'couldn't be together for now' and hoped to reconcile 'in five years.'

# 1 Q:

(BY MR. PETROCELLI) Mr. Baumgarten, isn't it true that Mr. Simpson told you that -- Sunday morning, that Paula was extremely upset with him?

Isn't that true?

# 2 MR. LEONARD:

Asked and answered.

# 3 THE COURT:

Overruled.

# 4 A:

I don't know if "extremely" ever been used. Paula was upset, that was my understanding, about the recital.

# 5 Q:

It was your understanding based on what Mr. Simpson told you, correct?

# 6 A:

Yes.

I have no other knowledge.

# 7 Q:

You're talking about what 6:00, 7:00 in the morning on June 12, right?

# 8 A:

My recollection is, it was later in the round, I think, but it was in the morning.

# 9 Q:

Okay.

Now, you also had a near confrontation with Mr. Simpson on the golf course that morning, right?

# 10 A:

We had an argument.

# 11 Q:

And, in fact, you got -- it got a little heated, right?

# 12 A:

It's fair to say.

# 13 Q:

And it's also fair to say that the two of you sort of, at one moment in the heated argument, squared off, right, face to face?

# 14 MR. LEONARD:

Objection. Vague.

# 15 THE COURT:

It's not vague.

Overruled.

# 16 A:

We faced each other. "Squared off" implies something that I -- that I don't believe.

# 17 Q:

You faced each other in sort of a heated -- a moment of heated argument, right?

# 18 A:

We had a heated argument.

# 19 Q:

It was about a golf shot, right?

# 20 A:

That's -- yeah, yes.

# 21 Q:

And isn't it fair to say that you had never before seen Mr. Simpson that angry?

# 22 A:

Mr. Simpson was very angry, and so was I.

# 23 Q:

The question was, you had never before seen him that angry as he was when you had that heated argument with him?

# 24 A:

I don't recall seeing Mr. Simpson that angry.

KEY QUOTE

# 25 Q:

You don't recall having seen him that angry on any other occasion, correct?

# 26 A:

Correct.

# 27 Q:

And isn't it also true, sir, that on that day, in that golf round, Mr. Simpson told you that it was over for good between Nicole and him?

# 28 A:

No, that's not true.

# 29 Q:

He didn't say that at all to you, sir?

# 30 A:

No, sir. He -- if you want, I will put it --

# 31 Q:

Please.

# 32 A:

-- in my own words.

# 33 Q:

Yeah, put it in your own words.

# 34 A:

He said to me that he recognized that for now, he and Nicole couldn't be together. And the words that I remember precisely was that maybe in five years, at some point in the future, he hoped they could put it back together.

KEY QUOTE

# 35 MR. PETROCELLI:

Thank you. No further questions.

CROSS-EXAMINATION BY MR. LEONARD:

Temperature

tense

Key Quotes (3)

Craig Baumgarten

I don't recall seeing Mr. Simpson that angry.

Establishes that Simpson's rage on the morning of the murders was uniquely intense — more than Baumgarten had ever witnessed in their friendship.

Craig Baumgarten

He said to me that he recognized that for now, he and Nicole couldn't be together. And the words that I remember precisely was that maybe in five years, at some point in the future, he hoped they could put it back together.

Baumgarten resists Petrocelli's 'over for good' framing, but his correction still portrays a Simpson who had accepted the relationship was finished — at least for the present. The phrase 'the words that I remember precisely' signals deliberate counter-testimony.

Craig Baumgarten

We faced each other. 'Squared off' implies something that I -- that I don't believe.

Witness splitting hairs on language while conceding the substance — a pattern throughout his testimony of minimizing while not outright denying.

Notable Exchanges (2)

Daniel Petrocelli•Craig Baumgarten

Petrocelli pushed Baumgarten to confirm Simpson said the relationship with Nicole was 'over for good.' Baumgarten refused the framing and volunteered a precise alternative recollection — 'for now' and 'maybe in five years' — which Petrocelli accepted and immediately ended his examination, suggesting the answer still served the plaintiff's narrative.

strategic

Daniel Petrocelli•Craig Baumgarten

Petrocelli established through incremental questions that the golf course argument was heated, unprecedented in anger, and involved the two men facing each other — building a portrait of Simpson's volatile state hours before the murders.

methodical

Credibility Attacks (1)

⚔ Craig Baumgarten

word choice pressure

Petrocelli repeatedly offered loaded characterizations ('squared off,' 'over for good,' 'extremely upset') and pushed Baumgarten to accept them, forcing the witness to either concede the framing or appear to be hair-splitting. Baumgarten consistently split the hair.

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 8448 • 35 utterances • Defense witness

Civil Trial

Department 103