📄 Sidebar: autopsy report questioning — Tuesday, November 12, 1996
Address:
C:\DEPT103\CIVIL\1996\NOV\12\SIDEBAR-AUTOPSY-REPORT-QUESTIO.DOC
TRIAL
▲ Day 13 of 57

Sidebar: autopsy report questioning

Date: Tuesday, November 12, 1996 • Utterances: 18
Plaintiff's counsel Medvene argues that Baker's cross-examination of expert witness Dr. Spitz has opened the door to testimony about Dr. Spitz's post-deposition conversations with autopsy surgeon Dr. Golden, which allegedly confirmed Spitz's conclusions. Judge Fujisaki rejects this, ruling that Baker is only asking about what the autopsy report itself says and in what order, not challenging Dr. Golden's views — and that Spitz cannot rehabilitate his opinion based on conversations that occurred after his deposition.
1 (The following proceedings were held at the bench:)
2 MR. MEDVENE:

Mr. Baker, what the autopsy report says, the autopsy report makes reference to the aorta wound.

3 THE COURT:

To what?

4 MR. MEDVENE:

The wound to the aorta and the blood flow.

What the question is: Doesn't the autopsy report indicate certain findings and isn't that, in your experience, what the autopsy surgeon found?

This witness knows more on what the autopsy surgeon found 'cause he actually spoke to them this morning.

Your Honor ruled in a vacuum that he could not make reference to the conversations with Dr. Golden. It would be unfair to ask this witness what doesn't the autopsy surgeon indicate, X, when the witness knows from conversations with the autopsy surgeon the significance of what he wrote and why he wrote what he wrote.

And what I'm saying is I think Mr. Baker's opening the area, which is fine, but the witness ought to be able to answer within -- if it's within Mr. Baker's question, what he learned from the autopsy surgeon as it's pertinent to Mr. Baker's question.

In other words, the autopsy report says certain things. Dr. Spitz interprets them certain ways and formed certain conclusions. He then spoke to the autopsy surgeon who confirmed, as I understand it, Dr. Spitz conclusions.

What Mr. Baker I think is trying to elicit is the autopsy report doesn't say everything that Dr. Spitz is saying, and isn't it true that the autopsy surgeon, in affect, doesn't believe what Dr. Spitz is saying, which is untrue; based on Dr. Spitz's conversation with the autopsy surgeon.

So what I'm saying is we think Mr. Baker has opened up the area of Dr. Spitz conversation with Dr. Golden.

5 MR. BAKER:

I don't understand what he's talking about. In an autopsy report, in the anatomical summary, every -- and the autopsy report list the most important first. That's what I'm talking about. I'm not talking about any conversation he had with Golden whatsoever.

6 THE COURT:

Well, as I said before, you can ask him about this particular autopsy report. We haven't established that there's a national uniform autopsy protocol.

7 MR. BAKER:

That's what I'm trying to do.

8 THE COURT:

But I don't want to get into the protocol autopsy.

9 MR. BAKER:

We're not -- the purpose of this is that No. 1 on the list, in the anatomical summary and then is in virtually every autopsy, is the primary cause of death, this and this one. It's the severance of the internal jugular vein for Ron Goldman. There's some evidence because that -- because of the order and that's all I'm going -- then I'm moving on.

10 MR. MEDVENE:

We think the witness --

11 THE COURT:

I don't think you've opened up to any avenue to Dr. Golden. If there's something that's contradicted in the autopsy report, maybe you might consider Dr. Golden as a rebuttal witness. But at this point, I don't see how I can permit this witness from testifying as to his conversations about Doctor -- with Dr. Golden after his deposition.

12 MR. MEDVENE:

But if what he's trying to elicit is that Dr. Golden felt that the aorta wound had no significance and there was no bleeding, that's not accurate.

13 THE COURT:

He's trying to establish that the autopsy report says what it says in the order in which it says.

14 MR. MEDVENE:

There's no problem with that. But he's asking, as a background question, doesn't the person writing the report -- wouldn't ordinarily do A, B, and C.

15 THE COURT:

Yeah, so.

16 MR. MEDVENE:

Okay.

17 THE COURT:

You can't rehabilitate his opinion on the autopsy report from a conversation that was had after the deposition.

KEY QUOTE
18 MR. MEDVENE:

All right, Your Honor.

Temperature

tense

Key Quotes (3)

Edward Medvene
What Mr. Baker I think is trying to elicit is the autopsy report doesn't say everything that Dr. Spitz is saying, and isn't it true that the autopsy surgeon, in affect, doesn't believe what Dr. Spitz is saying, which is untrue; based on Dr. Spitz's conversation with the autopsy surgeon.
Frames the evidentiary dispute — Medvene claims Baker is trying to use the report's silence to imply Dr. Golden disagreed with Spitz, when in fact Golden confirmed Spitz's conclusions.
Hiroshi Fujisaki
You can't rehabilitate his opinion on the autopsy report from a conversation that was had after the deposition.
The core ruling: post-deposition communications cannot be used to shore up a witness's trial testimony.
Robert Baker
No. 1 on the list, in the anatomical summary and then is in virtually every autopsy, is the primary cause of death, this and this one. It's the severance of the internal jugular vein for Ron Goldman.
Baker's actual cross-examination point — that the autopsy report lists the jugular vein severance first, implying it was the primary cause of death, not the aorta wound Spitz emphasized.

Evidence (1)

Informal
Ron Goldman autopsy report, specifically the anatomical summary and ordering of wounds (jugular vein vs. aorta)
disputed — Baker cross-examining on report ordering; Medvene seeking to introduce Spitz's conversation with Dr. Golden about the report

Notable Exchanges (2)

Edward MedveneHiroshi Fujisaki
Medvene argues Baker opened the door to Dr. Spitz's post-deposition conversation with Dr. Golden; Fujisaki firmly closes that door, suggesting Golden could be called as a rebuttal witness instead.
strategic
Robert BakerEdward Medvene
Baker flatly says he has no idea what Medvene is talking about — he is only asking about the ordering convention in autopsy reports, not anything about Golden.
dismissive

Credibility Attacks (1)

⚔ Werner Spitz
impeachment via document
Baker using the ordering of wounds in the autopsy report's anatomical summary to suggest the jugular vein — not the aorta — was the primary cause of death, undermining Spitz's emphasis on the aorta wound.

Objections

None recorded
Proceeding 8222 • 18 utterances
Civil Trial
Department 103
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📂 NOV 12, 1996 📄 Sidebar: autopsy report questi
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