Redirect examination of Craig Baumgarten

📄 Redirect examination of Craig Baumgarten — Tuesday, December 3, 1996

Address:

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

TRIAL

▲ Day 24 of 57

◀ Direct examination of Craig Baumgarten (part 2) Sidebar: Nancy Ney testimony admissibility ▶

Witness: Craig Baumgarten
Examiner: Dan Leonard
Called by: Defense • Date: Tuesday, December 3, 1996 • Utterances: 23

Defense attorney Dan Leonard briefly cross-examined Craig Baumgarten, a friend who played golf with Simpson the day of the murders. Leonard used the cross to rehabilitate Baumgarten's testimony, establishing that the golf confrontation between Simpson and Baumgarten was minor and quickly resolved, and that Simpson's demeanor after the argument was normal — and notably sad rather than angry when the topic of Nicole came up.

# 1 Q:

This -- good afternoon. I'm sorry.

This "squaring off," as Mr. Petrocelli put it, you've had similar confrontations with Mr. Simpson in the past, correct, over -- let me ask you this: This all started with something that occurs once in a while in golf; that is, Mr. Simpson -- actually, you moved behind Mr. Simpson when he was trying to take a toe shot?

# 2 A:

Actually, Mr. Simpson moved behind me while I was taking a toe shot. I got upset with Mr. Simpson is how it began.

There were maybe instances in the history of our golf game of five guys who play together every weekend, over numerous years, where various people in that game got upset over various incidences [sic], and they never lasted very long. And neither did this.

KEY QUOTE

# 3 Q:

For the -- for the golf neophytes, people who don't know about it, just explain why that's so disconcerting to have somebody walked behind you while you're swinging.

# 4 A:

It's distracting when you're trying to move this little white ball with a club head.

# 5 Q:

It's hard enough?

# 6 A:

Yes.

# 7 Q:

You kissed and made up shortly after that?

# 8 A:

I don't believe we kissed.

KEY QUOTE

# 9 Q:

You hugged, right?

# 10 A:

We actually did hug five minutes later, yes.

# 11 Q:

All right.

Now, you were asked some questions about discussions about Paula. In fact, you saw Mr. Simpson trying to reach Paula. At some point, he was trying to phone her?

# 12 A:

I have no idea who he was trying to phone. He was using the phone when we got off the golf course, trying to reach somebody.

# 13 Q:

His demeanor at this point, he was laughing and having fun?

# 14 MR. PETROCELLI:

Objection. Leading.

# 15 THE COURT:

I'll sustain that.

# 16 MR. LEONARD:

Leading?

# 17 MR. PETROCELLI:

Yes, leading.

# 18 THE COURT:

I think he's an adverse witness.

# 19 Q:

(BY MR. LEONARD) Can you describe for us his demeanor when you saw him making a phone call?

# 20 A:

His demeanor at the time, as soon as the argument was over, it was a normal day, as far as I could --

# 21 Q:

Okay.

He also -- you -- Mr. Petrocelli also asked you about some discussion about Nicole. And would you describe, if you can, his demeanor at that point. In other words, whether he was angry or resentful, resigned. How would you describe it?

# 22 A:

He had no anger or resentment. There was a sadness, is how I believe I'd describe it.

KEY QUOTE

# 23 MR. LEONARD:

I have no further questions. Thank you. Appreciate it.

Temperature

light

Key Quotes (3)

Craig Baumgarten

He had no anger or resentment. There was a sadness, is how I believe I'd describe it.

Directly undercuts the plaintiff's narrative that Simpson was angry or volatile on the day of the murders; sadness could be read as consistent with grief or guilt.

Craig Baumgarten

I don't believe we kissed.

Dry humor deflating Leonard's leading question; humanizes the witness and lightens the tone briefly.

Craig Baumgarten

Actually, Mr. Simpson moved behind me while I was taking a toe shot. I got upset with Mr. Simpson is how it began.

Corrects the framing of the confrontation — Baumgarten was the aggrieved party, not Simpson, which complicates any portrait of Simpson as the aggressor.

Notable Exchanges (2)

Dan Leonard•Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli objected to Leonard's leading question about Simpson's demeanor on the phone; Fujisaki sustained it but then noted the witness is adverse, prompting a brief sidebar-style confusion before Leonard rephrased.

procedural

Dan Leonard•Craig Baumgarten

Exchange about whether Simpson and Baumgarten 'kissed and made up' — Baumgarten deadpans that they did not kiss, but confirms they hugged five minutes later.

light

Light Moments (2)

Craig Baumgarten

Leonard asked if they 'kissed and made up'; Baumgarten replied 'I don't believe we kissed' before confirming they did hug.

Craig Baumgarten

Baumgarten describes golf as 'trying to move this little white ball with a club head' when explaining why having someone walk behind you is distracting.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8449 • 23 utterances • Defense witness

Civil Trial

Department 103