Sidebar: Craig Baumgarten testimony

📄 Sidebar: Craig Baumgarten testimony — Tuesday, December 3, 1996

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C:\DEPT103\CIVIL\1996\DEC\3\SIDEBAR-CRAIG-BAUMGARTEN-TESTI.DOC

TRIAL

▲ Day 24 of 57

◀ Direct examination of Craig Baumgarten (part 1) Direct examination of Craig Baumgarten (part 2) ▶

Date: Tuesday, December 3, 1996 • Utterances: 14

Petrocelli sought an offer of proof before questioning witness Craig Baumgarten about a conversation in which Simpson allegedly said Paula Barbieri was so angry about Nicole's dance recital that when he heard of Nicole's murder, he thought Paula might have done it. Judge Fujisaki sustained the objection as to the witness's state of mind but allowed inquiry into Simpson's actual conversation, and granted Petrocelli permission to lead the witness.

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

# 2 MR. LEONARD:

On the record, I want an offer of proof at this point. This question is what belief this witness formed based on the previous ten questions. I want an offer of proof at this point.

# 3 MR. PETROCELLI:

This witness, first of all, is extremely friendly to Mr. Simpson. I would request that he be treated hostilely under Section 767, so I can lead him.

In any event, this witness will testify that Mr. Simpson told him that Paula was so upset about this recital, that when he heard of Nicole's murder, he thought Paula had something to do with it because she was so "pissed off," to use his words.

# 4 THE COURT:

I'll sustain the objection. His state of mind has nothing to do with his opinion.

# 5 MR. PETROCELLI:

It goes to his report of Simpson's conversation, Your Honor.

# 6 THE COURT:

You --

# 7 MR. PETROCELLI:

May I lead?

# 8 THE COURT:

You may inquire as to what Simpson's conversation was, but the rest of it, I don't think is relevant.

KEY QUOTE

# 9 MR. PETROCELLI:

Can I lead him?

# 10 MR. LEONARD:

He asked about the conversation twice now.

# 11 MR. BAKER:

He's been to his suite.

# 12 MR. PETROCELLI:

He's never been to my suite.

KEY QUOTE

# 13 MR. LEONARD:

He's asked him twice.

# 14 THE COURT:

Go ahead and lead him on that issue.

Temperature

tense

Key Quotes (3)

Daniel Petrocelli

This witness will testify that Mr. Simpson told him that Paula was so upset about this recital, that when he heard of Nicole's murder, he thought Paula had something to do with it because she was so 'pissed off,' to use his words.

Reveals the anticipated testimony: Simpson's own words suggesting Paula Barbieri's rage over Nicole's recital was so extreme he suspected her of murder — directly implicating Simpson's awareness of Paula's jealousy toward Nicole.

Hiroshi Fujisaki

You may inquire as to what Simpson's conversation was, but the rest of it, I don't think is relevant.

Draws a clean line: Simpson's statements are admissible as party admissions, but the witness's own inferences from those statements are not.

Daniel Petrocelli

He's never been to my suite.

A sharp denial to Baker's insinuation — minor flash of courtroom tension between counsel.

Notable Exchanges (2)

Daniel Petrocelli•Dan Leonard•Hiroshi Fujisaki

Leonard demands an offer of proof; Petrocelli lays out the anticipated testimony about Simpson's conversation implicating Paula Barbieri; Fujisaki sustains the objection on the state-of-mind portion but allows the underlying conversation to be explored.

strategic

Robert Baker•Daniel Petrocelli

Baker interjects that Baumgarten 'has been to his suite,' implying familiarity or prior contact with Petrocelli; Petrocelli flatly denies it.

adversarial

Credibility Attacks (1)

⚔ Craig Baumgarten

bias

Petrocelli characterizes Baumgarten as 'extremely friendly to Mr. Simpson' and requests hostile witness treatment under Section 767, signaling the witness is expected to shade testimony in Simpson's favor.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8447 • 14 utterances

Civil Trial

Department 103