Cross-examination of Werner Spitz (part 1)

📄 Cross-examination of Werner Spitz (part 1) — Tuesday, November 12, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\12\CROSS-EXAMINATION-OF-WERNER-SP.DOC

TRIAL

▲ Day 13 of 57

◀ Court orders: expert witness confidentiality Sidebar: autopsy report questioning ▶

Witness: Dr. Werner Spitz
Examiner: Edward Medvene
Called by: Defense • Date: Tuesday, November 12, 1996 • Utterances: 41

Baker continues cross-examining Dr. Werner Spitz, opening by targeting Spitz's preparation: Spitz admits he took notes for the very first time over the weekend — after being involved in the case since the criminal trial. Baker then pivots to challenge Spitz on the thoroughness and detail of the autopsy reports, particularly Ron Goldman's 24-page report, setting up a line of attack on Spitz's methodology. The examination ends abruptly at a sidebar.

# 1 (The following proceedings were held in open court in the presence of the jury:)

# 2 (Jurors resume their respective seats.)

# 3 THE COURT:

Good morning.

# 4 JURORS:

Morning, Your Honor.

# 5 THE COURT:

Okay. You may proceed.

# 6 THE CLERK:

You are still under oath. Would you state your name again for the record?

# 7 DR. WERNER SPITZ:

Werner Spitz.

WERNER SPITZ, having been previously called and sworn as a witness by the Plaintiffs, testified further as follows:

CROSS-EXAMINATION (CONTINUED) BY MR. BAKER:

# 8 Q:

Morning Dr. Spitz.

# 9 A:

Morning.

# 10 Q:

Did you enjoy our southern California weekend weather over the weekend?

# 11 A:

Yes, I did.

# 12 Q:

Now, would it be -- would it be accurate, sir, for the first time since you've been involved in this case, that being from the criminal trial to this last weekend, you finally took some notes relative to this case?

# 13 A:

Well, Yes, I did. That's correct. I did make some notes over the weekend to refresh my memory on certain points and to -- and you know, it is really my habit to make notes. I didn't make notes before, for some unknown reason. I don't know why there was so much overwhelming material that I didn't make notes, but ....

KEY QUOTE

# 14 Q:

Let me ask you, Doctor, you were consulted by the prosecution during the criminal case, were you not, sir?

# 15 A:

No. I was consulted. I was called by the prosecution during the criminal case to request permission to use pictures from my book.

KEY QUOTE

# 16 Q:

Now, throughout the criminal case, throughout your retention in this case, in a complex matter, you say where there's so much information, you never took a note until this weekend; is that correct?

# 17 A:

Yes.

# 18 Q:

All right. Now, let me ask you in terms of your review in arriving at your opinions, you read and reviewed the autopsy reports in some detail, correct?

# 19 A:

Yes.

# 20 Q:

And is there anything that you disagree within the autopsy report?

# 21 MR. MEDVENE:

Objection. Compound.

# 22 MR. BAKER:

Either one.

# 23 MR. MEDVENE:

Objection. Compound, Your Honor and it's vague and ambiguous. The autopsy reports are 30 or more pages.

# 24 THE COURT:

You may answer yes or no as a preliminary hearing answer.

# 25 DR. WERNER SPITZ:

No, I don't disagree with anything that's in the autopsy report.

# 26 Q:

(BY MR. BAKER) The autopsy reports, as your counsel for plaintiffs just mentioned, are 20, 25 pages; are they not?

# 27 A:

Whatever they are.

# 28 Q:

Your usual autopsy report is a page or two; is it not?

# 29 A:

Yes.

# 30 Q:

So these have somewhat more detail than your customary autopsy report, you would agree, correct?

# 31 A:

Possibly. I'm not even sure of that. I know that 25 pages as appeared to one and a half or two pages sounds a bit different.

# 32 Q:

Sounds a lot different?

# 33 A:

Of course, but your including in the 25, 20 or 25 pages, I think you said diagrams and results of toxicological analyses and investigative reporting. I don't include all that. Mine is a -- my reports are single space densely typed. And when they are two pages like this, they -- I mean, you could extend that into easily six, seven pages if you typed it a little differently.

# 34 Q:

Now, in Ron Goldman's report, there's 18 pages of single space, typed written report, then 6 pages of addendum for 24 pages before the forms or diagrams are even shown. You would agree with that, correct?

# 35 A:

Yes. And you would also agree, Dr. Spitz, that when an autopsy surgeon pathologist is reporting, they put in their reports in the anatomical summary on page 1, in the order of importance, their findings. You would agree with that, true?

# 36 MR. MEDVENE:

Objection. Calls for conclusion, Your Honor.

# 37 THE COURT:

You may ask whether or not that is the case in this instance.

# 38 MR. MEDVENE:

If the Court, please, he may be -- he's opening an area that we discussed, which is fine with us, if he knows.

# 39 THE COURT:

I don't know what your talking about.

# 40 MR. MEDVENE:

I didn't want to make a speaking objection. Can we approach, Your Honor?

# 41 THE COURT:

You may.

Temperature

tense

Key Quotes (3)

Werner Spitz

Yes, I did. That's correct. I did make some notes over the weekend to refresh my memory on certain points... I didn't make notes before, for some unknown reason. I don't know why there was so much overwhelming material that I didn't make notes, but....

Baker extracts an admission that Spitz, a retained expert in a high-profile case, never documented anything until the night before cross-examination — a significant credibility blow.

Werner Spitz

No. I was consulted. I was called by the prosecution during the criminal case to request permission to use pictures from my book.

Spitz clarifies the nature of his criminal-trial involvement, deflecting Baker's implication of deeper prosecution ties.

Werner Spitz

Mine is a -- my reports are single space densely typed. And when they are two pages like this, they -- I mean, you could extend that into easily six, seven pages if you typed it a little differently.

Spitz attempts to defend his shorter reports against Baker's implicit comparison to the Goldman autopsy's 24-page detail, but the explanation sounds defensive.

Evidence (2)

Informal

Ron Goldman autopsy report — 18 pages single-spaced narrative plus 6-page addendum, totaling 24 pages before diagrams

discussed, used to challenge Spitz's methodology comparison

Informal

Werner Spitz's own forensic pathology textbook (photographs)

referenced to clarify Spitz's relationship to the criminal prosecution

Notable Exchanges (2)

Robert Baker•Werner Spitz

Baker methodically extracts that Spitz — a retained expert across both criminal and civil proceedings — took no notes at all until the weekend before cross-examination, despite describing the case as having 'overwhelming material.'

strategic

Robert Baker•Werner Spitz

Baker walks Spitz through the Goldman autopsy's 24-page length versus Spitz's typical 1-2 page reports, drawing an implicit contrast in rigor; Spitz defends his style but the comparison lingers.

challenging

Light Moments (1)

Robert Baker

Baker opens by asking if Spitz enjoyed 'our southern California weekend weather over the weekend,' a bit of small talk before pivoting to an attack on the same weekend's note-taking.

Credibility Attacks (2)

⚔ Werner Spitz

impeachment by omission / lack of preparation

Baker establishes that Spitz took no notes throughout the entire case — criminal and civil — until the weekend immediately before cross-examination, undermining his reliability as a thorough expert witness.

⚔ Werner Spitz

methodology comparison

Baker contrasts Spitz's typical 1-2 page autopsy reports with the Goldman report's 24-page detail, implying Spitz's work product is less thorough than the coroner's.

Objections

3 objections (0 sustained, 0 overruled)

Proceeding 8221 • 41 utterances • Defense witness

Civil Trial

Department 103