📄 Cross-examination of Dr. Werner Spitz (part 2) — Friday, November 8, 1996
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▲ Day 12 of 57

Cross-examination of Dr. Werner Spitz (part 2)

Witness: Dr. Werner Spitz
Examiner: Edward Medvene
Called by: Defense • Date: Friday, November 8, 1996 • Utterances: 233
Robert Baker cross-examines defense forensic pathologist Dr. Werner Spitz, challenging the foundation of his opinions about the murder timeline and sequence of Ron Goldman's wounds. Baker methodically attacks Spitz for rendering opinions about the crime scene and victim positioning without having reviewed key photographic evidence, and presses him on whether a severed aorta would have incapacitated Goldman within seconds rather than allowing a prolonged struggle.
1 Q:

Now, Dr. Spitz, as suggested, you've been to the crime scene?

2 A:

Have I been to the crime scene?

3 Q:

You have been there?

4 A:

Yes, I have.

5 Q:

You're aware that the area where Mr. Goldman's body was found, in that dirt area over to the right, as you face the condominium facing west is about six feet by four feet, correct?

6 A:

Yes.

7 Q:

And the area where Ms. Nicole Brown Simpson's body was found would add another 36 inches to that width and would be approximately the same length, so would add another three feet by four feet, correct?

8 A:

Yes.

9 Q:

And so that is a very, very closed-in area; is it not?

10 A:

Yes, it is.

11 Q:

And during the -- we have on the -- on the monitor, sir, a diagram of that area.

Now, at the time the killing of Ms. Simpson was taking place, and you say, with her confronting the assailant in front of her, whatever happened after that, that caused her to fall and strike the right side of her head and her mouth. And then the assailant, getting behind her and then the four stab wounds on the left side of the face?

12 A:

Of the neck.

13 Q:

Neck, pardon me. Preceding the fatal wound to the neck that, in your opinion, took less than 15 seconds, right?

14 A:

Yes.

15 Q:

Okay. And then, was it your opinion in your reconstruction that you had done, in your mind, sir, that Mr. Goldman was in that closed-in area during that 15 second altercation?

16 A:

I think he probably was, but --

17 Q:

Okay.

18 A:

I really don't know that he was, but I think he probably was; or was arriving at that time.

Well, I'm not sure. I'm not sure.

19 Q:

You actually don't know 'cause you certainly weren't on the north side of the fence, looking. This is your opinion based upon your reconstruction; is it not?

20 A:

Yes. My reconstruction is primarily based on wounds and not on the overall field of criminalistics.

21 Q:

Well, Dr. Spitz, I take it that before you come into court, you raise your right hand and swear under penalty of perjury that you're going to render your opinion, that you want to take into account, every piece of information that you can so that your opinions are as accurate as possible, true?

22 A:

No. My oath relates to my giving truthful testimony to the best of my ability, based on my area of expertise.

KEY QUOTE
23 Q:

I take it, before you come in here and tell this jury that the whole struggle took a minute and 15 seconds or less, you want to review and analyze all of the information that is available to you so that you can render the best possible opinions that you have, true?

24 A:

Of course.

25 MR. MEDVENE:

Objection. It's been asked and answered.

26 MR. BAKER:

I agree. It's been asked.

27 THE COURT:

Well that's too productive.

28 Q:

(BY MR. BAKER) Now, Dr. Spitz, in terms of the gate, that is the front gate, sir, do you know whether that gate was locked or unlocked before you rendered the opinion that Mr. Goldman was in the closed-in area at the time the altercation with Nicole Brown Simpson took place?

29 MR. MEDVENE:

Objection, Your Honor. It misstates his testimony. He didn't say he was in the area or not. He said he didn't know.

30 MR. BAKER:

He said he believed he was in the area.

31 THE COURT:

Sustained.

32 Q:

(BY MR. BAKER) Did you just tell us, sir, that your best opinion was that you believed Mr. Goldman was within the closed-in area that you've depicted, by both the dirt and the walkway at the time the altercation took place with Ms. Nicole Brown Simpson and the assailant or assailants?

33 A:

You're asking me whether I said that?

34 Q:

Yeah. Do you believe that Mr. Goldman was in that area when that altercation and struggle and ultimate demise of Ms. Brown Simpson took place?

35 MR. MEDVENE:

Objection, Your Honor.

36 DR. WERNER SPITZ:

I believe --

37 MR. MEDVENE:

Excuse me. Objection calls for conclusion, lack of foundation. Witness said he wasn't there. He's just testifying from wounds.

38 THE COURT:

Overruled. The witness testified on direct examination as to certain conclusions and defense has a right to cross-examine him.

39 Q:

(BY MR. BAKER) Go ahead, sir.

40 A:

I personally believe that he may have been there, but I'm not basing that opinion on any scientific evidence or any material evidence that I really have. My area of expertise are injuries.

KEY QUOTE
41 Q:

All right. Now, but you've opined here not only about injuries. You opined about how long it took to get the injuries. You've opined about what angles the assailant was. You've opined about how the knife wounds were inflicted. And you weren't there when you opined about all of those things, correct, sir?

42 A:

No. No, all I did -- I testified to is appearance of injury, types of injury, how injuries were inflicted, how long it took to inflict the injuries, how much blood was lost from injuries, and this kind of thing.

Every time you want to characterize my testimony, you'd have to submit that it is -- my testimony intended to convey information about wounds; about injuries, not whether who was present or how long interaction took place before the first wound was inflicted. That, I do not know.

43 Q:

Now, sir, did -- the gate was locked and Ms. Nicole Brown Simpson had to open the gate to allow Mr. Goldman in the gate. They would have been approximately how far from each other, if Mr. Goldman's inside the gate an Nicole Brown Simpson is down from the first step where her body was found.

44 MR. MEDVENE:

Objection, Your Honor. It assumes facts not in evidence.

45 THE COURT:

Sustained. I don't think this witness is competent to answer that.

46 Q:

(BY MR. BAKER) Well, in terms of -- you've testified as to where you thought the assailant was. You've testified as to you thought the assailant was in front of, behind. You've testified that Nicole Brown Simpson was killed first because if she wasn't killed first, she would run away.

Those are all your opinions, correct?

47 A:

Yes.

48 Q:

And in your opinions, and you sure don't know whether Nicole Brown Simpson were to run away or not, do -- you weren't there and you've never met her; isn't that true?

49 A:

That's correct.

50 Q:

And you've testified that the assailant was in front and then around behind, and you weren't there and you don't know whether the assailant was or wasn't in front of her, do you?

51 A:

Yes, I do know that he was in front of her when the hand wounds were inflicted. And I -- when I say -- let me repeat when I say in front of her, I do not mean at a 90-degree angle or parallel to her. What I mean is somewhere in the front semi-circle.

52 Q:

And you don't know that it took any 15 seconds from the first defensive wounds, to the last because you weren't there, isn't that true, sir?

53 A:

No.

54 Q:

Okay. So you know that?

55 A:

I know -- that's not the best way to say it. I know that to sustain these type of injuries that Ms. Simpson had would take less than 15 seconds.

56 Q:

Okay. And that -- I mean you sat up here and you demonstrated umpf, umpf, umpf about three times with your hand and, you know, do you, Dr. Spitz, that's how fast the assailant did it because you were there and you saw him, right?

57 MR. MEDVENE:

Objection.

58 THE COURT:

It's argumentative.

59 Q:

(BY MR. BAKER) You don't know, sir, how fast the wounds were inflicted, do you, now, do you?

Would you just answer my --

60 A:

Yes, I do know.

61 Q:

Now, let's, in terms of your opinions relative to Mr. Goldman, as I understand it, sir, you believe that the wounds to the left flank was either the first wound or very early, correct?

62 A:

Yes.

63 Q:

And that is the wounds that entered the left flank, and we'll put the diagram --well, let me, wait a minute. I apologize.

Let's talk a little bit about the anatomy of a human being. In the anatomy of a 25-year-old young man, we have, as you described, the peritoneal cavity where you have the intestine, you have the large intestine, the small intestine, you have the duodenum, spleen, and that is --

64 A:

The liver.

65 Q:

-- The liver is all -- And it's from about the diaphragm down in the abdomen, correct?

66 A:

Yes.

67 Q:

And that is encased in that thin cell, fine-like membrane called the peritoneum, true?

68 A:

Yes.

69 Q:

And the organs contained therein -- are called the -- or the area is called the peritoneal cavity, true?

70 A:

Yes.

71 Q:

In the area behind the peritoneum is called the retroperitoneal space, true?

72 A:

Yes.

73 Q:

Now, in the retroperitoneal space -- Phil, you want to put up that side-view, if you can?

From the retroperitoneal space, we have -- that's a side-view and it shows -- (indicating to TV screen) -- This would be the lungs up in here and the thoracic lungs and thoracic cavity, right where I'm pointing, with the red?

74 A:

This is the heart.

75 Q:

Well, but that's all in the thoracic cavity, right?

76 A:

Yes.

77 Q:

Okay.

78 A:

The lung has been taken out.

79 Q:

In the lower -- below that is the peritoneal cavity?

80 A:

You know, this is -- I have some difficulty with this picture because this is over simplification of the anatomy for a high school student.

81 Q:

Well, that's about my level of education.

KEY QUOTE
82 A:

Yeah, but not mine.

83 Q:

Okay.

84 (Laughter.)
85 (Laughter.)
86 A:

The kidneys are retroperitoneal.

87 Q:

And that space, the retroperitoneal space is relatively dense. You would agree with that?

I mean it's filled with fat, muscle, kidneys, correct?

There is no, like, cavity, there. It is all solid?

88 A:

Well, it's not -- It contains -- It contains, yes, fat; a little fat. I mean, Ron Goldman didn't have a lot of fat. It contains loose tissue. I don't know how to describe --

89 Q:

All your back muscles are back there in the retroperitoneal.

90 MR. MEDVENE:

Excuse me, the witness was answering the question.

91 Q:

(BY MR. BAKER) I'm sorry. Go ahead.

92 A:

No, the back muscles that we know as back muscles, those strong muscles that allow us to lift, those are outside of that. Those are behind there. The muscles that I showed surrounding the vertebral column, those were on my diagram.

93 Q:

Let's use your diagram, then. I'll get it for you, sir.

I've got this one.

94 MR. MEDVENE:

There's a front and a back, Bob.

95 Q:

(BY MR. BAKER) Maybe you better get it. I can't find --

96 A:

Should be this one. This is from the view.

97 Q:

Okay. All right.

98 A:

The other one is a view from the front.

99 Q:

Okay.

Now, the density of the area, the retroperitoneal area is more dense, that is, in terms of space for blood to accumulate than the peritoneal cavity, you'd agree with that?

100 (Indicating.)
101 A:

Could you -- excuse me, but could you say it again?

102 Q:

I'd be happy to.

In terms of, let's just call it space, there is more area for blood to accumulate if there is blood bleeding in the peritoneal cavity than there is in the retroperitoneal space. You would agree with that?

103 A:

Yes.

104 Q:

Okay. And would you further agree, sir, that in terms of blood loss and blood leakage that blood being a fluid, follows the normal fluid dynamics of any fluid, that is; it will take the path of least resistance. You would agree with that?

105 A:

Yes.

106 Q:

All right.

Now, the thing that we know about the flank wounds to Mr. Goldman from the autopsy -- by the way, sir, you did rely upon the autopsy report and the work of the L.A. County coroner's office in arriving at your opinion and conclusions in this case, did you not?

107 (Indicating to boards.)
108 A:

Yes.

109 Q:

As I understand it, you correct me if I'm in error, you did not view any piece of evidence, would that be true?

110 A:

Well, Yes, I did view evidence. I think the autopsy report is evidence. I think the photographs are evidence.

111 Q:

Okay.

112 A:

I think that it is evidence that, with everything else I reviewed to get it such in my mind that I would see totally clear, I also called Dr. Golden and -- who did the autopsies and talked it over with me.

113 Q:

When we took your deposition, you hadn't talked to Dr. Golden?

114 A:

No, I didn't. I talked to him afterwards.

115 Q:

I want to talk to you about -- a little bit about, you didn't review any physical piece of evidence. I mean, you looked at the reports. You looked at the photographs. But as far as reviewing, for example, the tissue that you showed us in one of the photographs, you didn't review that tissue, did you?

116 A:

No. I saw the piece of tissue on the picture and then I spoke to Golden about it.

117 Q:

Okay. All right.

Now, in terms of the drawing that is on the board, this exploded area is a little bit inaccurate. Because it shows a space between the aorta and this would be the lining of the peritoneal cavity or the peritoneum, correct?

118 A:

Well, it's not -- it's inaccurate and not inaccurate. It's the peritoneal, as I testified right over the aorta. It dresses the aorta. It is practically -- it's not adherent, but it lies against it.

119 Q:

And --

120 A:

Right here, there is a small space because I wanted to show how -- (Indicating to drawing showing aorta) -- I want to make it clear that the arrow goes through -- I thought it was clearer this way.

121 Q:

Fine. Then all I'm trying to get you to agree with me, and I think you have, is that the peritoneum, that is the lining of the peritoneal cavity, lies adjacent to the aorta?

122 A:

Yes, it does.

123 Q:

And rests upon it or one or the other?

124 A:

Yes.

125 Q:

Okay. Now.

THE COURT REPORTER: Excuse me. Does this have a number?

126 MR. MEDVENE:

2025.

127 Q:

In the autopsy property -- property of Mr. Goldman, in the photo that you showed us, there is a one-half inch measured by Dr. Golden, a one-half inch entry wound, and a one-half inch exit wound, right?

128 A:

That's correct.

129 (Indicating to 2025.)
130 Q:

And the opening at the left flank of Mr. Goldman was how big, sir?

131 A:

You mean the wounds in the skin?

132 Q:

Yes, sir.

133 A:

I can't say that I recall. I can't say that I recall, but I'll look it up.

134 Q:

It's three-quarters of an inch, I believe.

135 A:

I think you may be right.

136 Q:

So -- and the wounds where it perforates the aorta, is five-and-a-half inches from the entrance wound which is three-quarters of an inch, true?

137 A:

Yes.

138 Q:

So what we have is we have a knife that is at least five and a half inches long. We have a knife that has a blade that probably goes at least a half inch wide and was a half inch wide at the end of the blade, correct?

139 A:

No.

140 Q:

It had to be a half an inch wide going through the aorta, right?

141 A:

No.

142 Q:

When it went through the aorta, that blade had, of necessity, to go through the peritoneal lining, did it not?

143 A:

You mean the tip of the blade had to go through the peritoneal; is that what you're asking me?

144 Q:

The blade entered and put a slice or a rent to use your medical terms, in the peritoneum at the same, virtually simultaneously with entering one side of the aorta, coming out the other side of the aorta and having the peritoneum lining adjacent to it, right?

145 A:

Yes, it did and I testified to that.

146 Q:

Okay.

147 A:

I said that earlier.

148 Q:

Okay.

Now, in terms, sir, of your construction of this being the first wounds, you were of the view that that was the first wound and that as you testified, that the whole incident took somewhere around a minute, right?

149 MR. MEDVENE:

Objection, Your Honor. Misstates the evidence. He didn't say it was the first wounds necessarily, he said the flank wound was the first wound or the thigh wound, I think.

150 MR. BAKER:

Well --

151 Q:

(BY MR. BAKER) The sequence reading from your deposition page 24, line 22, of injuries from Goldman, I believe is that the injury to the posterior abdominal area is either first or very early on?

152 A:

That's correct.

153 Q:

Okay.

Now, if that -- this -- if that was true, when you had the perforation of the aorta -- Phil, will you put up the circulatory system, if we can, on the monitor?

154 (Mr. P. Baker complies.)
155 Q:

(BY MR. BAKER) As I understand it, and I agree, you have more education than I do, the blood, after it leaves the heart, goes on the arch, comes down the aorta and bifurcates into the femoral arteries, right?

156 A:

Yes, that's correct.

157 Q:

And the blood pressure in the aorta is at a minimum. The blood pressure that the human being would have, that is if it was -- if that human being was frightened and it was up to 200 over 140 at the time that the heart pumped, the left side of the heart pumped, you would have 200 milliliters of pressure in the aorta before the knife went through the aorta, correct?

158 A:

Yes.

159 Q:

And if, in fact, the knife went through the aorta, then went through the other side of the aorta, and went into the peritoneum, you would have to agree, because you just testified that the density of the tissue in the retroperitoneal space is greater than the density of the tissue in the peritoneal cavity, that the first place blood would go is into the peritoneal cavity, true, sir?

160 MR. MEDVENE:

If the Court please, we object. The question's compound and it assumes facts. He made a statement.

161 THE COURT:

He's asking an anatomical question. If it's incorrect, the doctor can tell him it's incorrect.

162 MR. MEDVENE:

All right, your Honor

163 DR. WERNER SPITZ:

No, sir, I don't think I testified about density of tissues in the retroperitoneum versus the peritoneum.

164 Q:

(BY MR. BAKER) I see.

165 A:

I said that there is loose tissue in the retroperitoneum in the abdominal cavity. They are --

166 Q:

Is the answer to my question simply no?

167 MR. MEDVENE:

Excuse me. The witness is in the middle.

168 THE COURT:

Finish your answer.

169 DR. WERNER SPITZ:

In the abdominal cavity, there are all kinds of organs. I don't know that anybody ever measured the density of the retroperitoneal content versus the density of the abdominal content.

170 Q:

(BY MR. BAKER) Just let me ask you to assume hypothetically, sir, hypothetically, let's just assume that the contents of the retroperitoneal space are denser than the contents in the peritoneal cavity. Let's further assume that the rent or cut into the aorta goes in one side, out the other side into the peritoneal cavity.

You would agree, that if that is true, the blood would go into -- more blood would go into the peritoneal cavity than would go into the retroperitoneal space?

171 A:

No. I would definitely not agree to that.

172 MR. MEDVENE:

Objection.

173 DR. WERNER SPITZ:

Let me just give you an example --

174 Q:

(BY MR. BAKER) No you've answered the question.

175 A:

-- Why, I don't agree with you.

176 Q:

You answered the question.

177 A:

Okay.

178 Q:

If this were the first wound, Mr. Goldman would be incapacitated within a matter of seconds. You would agree with that?

179 A:

Probably.

180 Q:

Because what happens is, if this is the first wound, you have an enormous loss of blood in terms of blood recirculating to the heart and then being pumped up the carotid arteries to put oxygenated blood to the brain, correct?

181 A:

Well, he would lose consciousness very quickly because the brain would not get, although it would get blood, but it would not get enough blood. The brain is very susceptible of oxygen deprivation.

182 Q:

And, Doctor, you're certainly familiar with some people get what they call positional hypotension; that is, people with low blood pressure stand up and they start to faint, correct?

183 A:

Yes.

184 Q:

And that's because they have not adequate oxygenated blood going to the brain, true?

185 A:

Presumably.

186 Q:

Well, it's presumably true; isn't it? Okay.

In other words, so Mr. Goldman, upon being inflicted with this right flank pain -- right flank wound, I'll strike it again.

Left flank wound that goes through the aorta, is going to have an immediate loss of blood pressure and an immediate -- and by immediate, I mean within five or ten seconds, he is going to have a -- he's going to know that something's seriously wrong. He's going to go semi-conscious and then within ten seconds, he's going to be down on one knee. And within 15 seconds, he's going to be down. You would agree with that?

187 A:

No.

188 Q:

Well, let's go through, now, the wounds to the -- if the fatal wounds -- if the sequence is the wound to the internal jugular vein, Mr. Goldman would have the ability to fight for a period of time. You would agree with that?

189 A:

Yes.

190 Q:

And the reason he would have an ability to fight for a period of time is because, as you suggested earlier, the veins are not under the same pressure as the arteries, true?

191 A:

Yes.

192 Q:

And, in fact, he could fight for ten or 15 minutes with the internal jugular vein severed, correct?

193 A:

I don't know if he could fight for ten or 15 minutes with the internal jugular severed, but he could continue being active and doing things for some time.

194 Q:

Okay. I don't want to be -- to go as far as to say 15 minutes.

Phil, put up the diagram, please, of the closed-in area at the Bundy crime scene.

195 (P. Baker complies, displays diagram.)
196 Q:

Have you seen the photos of the closed-in area, sir?

197 A:

Yes.

198 Q:

And have you seen the -- Thank you.

MR. P. BAKER: That's exhibit 867 on the screen and exhibit 1342 on the board:

199 Q:

(BY MR. BAKER) Now --

200 A:

I'm sorry these pictures I have not seen before.

201 Q:

You've never seen these?

202 A:

No.

203 (Indicating to 1342.)
204 Q:

Were you aware that there was blood smears on the whole of the gate right at the commencement of the closed-in --

205 A:

Am I aware there are some blood splatters.

All right.

I'm not aware of large volumes Of blood. I'm aware of some blood splatters and I mean, in terms of quantity that's an insignificant amount of blood. But in terms of other values, in terms of other points to -- for the use of these splatters for reconstruction of the events here for criminalists that I'm not aware of.

206 Q:

Well, so I'm to understand then, Dr. Spitz, that in arriving at your opinion, that Ron Goldman from the first wounds to him being incapacitated and in route to death, was one minute or thereabouts, you never looked at photos in the closed-in area; is that true?

207 A:

Yeah. My testimony is one minute or less.

KEY QUOTE
208 Q:

Okay. Or less?

209 A:

Yes. And that is based on the wounds and not on the area where the body was found -- the bodies are found other than what I gleaned when I went to the scene.

210 Q:

Okay. Now, would you be kind enough, sir, to go over and look at the top two photographs on the right and tell me if you see blood pooling?

For example, the top photograph on the right, if you see blood pooling the right, sir?

211 A:

On the right?

212 (Indicating to top right of exhibit 1342.)
213 A:

I don't see blood pooling. I see some blood here.

214 Q:

Well, right below your pen; is that blood pooling or is it not?

215 A:

This?

Do you mean this?

216 Q:

That's what I mean.

217 A:

I don't know what that is.

218 Q:

Don't know what that is. Okay.

219 A:

I've never seven it before so I cannot tell you.

220 Q:

Do you see the boot that Mr. Goldman had in the lower right hand?

221 A:

Yes.

222 Q:

And you would agree, would you not, sir, that there is blood and dirt on that boot?

223 A:

Yes. Well, I don't know if it's blood. It looks like it could be blood.

224 Q:

And you don't have any -- well, strike that.

Do you think that is indicative that there was a significant amount of blood that was in that closed-in area that got in the dirt, and then when he was struggling and fighting for his life in the closed-in area got on his boot?

225 A:

You know, I cannot --

226 Q:

Do you have an opinion at all?

227 A:

If this is blood, I don't know where this blood came from and if blood could have got on him in the area where Nicole Simpson was.

228 (Indicating to photo of Ron Goldman's shoe.)
229 Q:

Really? I do know where the area of where Nicole Brown's. One was an area of tile?

230 A:

There was tile with a lot of blood on it.

231 Q:

There was blood up into the crevice in those boots, is there not, assuming that is blood?

232 A:

There is blood on the photo of this shoe. That's what -- I don't know that it is, but if you tell me that it is, then I have to believe you.

233 Q:

Well, it --

Temperature

tense

Key Quotes (5)

Dr. Spitz
My oath relates to my giving truthful testimony to the best of my ability, based on my area of expertise.
Spitz attempts to limit the scope of his sworn duty to his forensic expertise, deflecting Baker's broader challenge that he should account for all available evidence before opining.
Dr. Spitz
I personally believe that he may have been there, but I'm not basing that opinion on any scientific evidence or any material evidence that I really have. My area of expertise are injuries.
Spitz concedes his opinion about Goldman's position during Nicole's murder is not grounded in scientific or physical evidence — a significant concession undermining his reconstruction.
Robert Baker
Well, that's about my level of education.
Baker's self-deprecating response after Spitz criticized the anatomy diagram as a 'high school' oversimplification — disarming and humanizing, drawing laughter from the courtroom.
Dr. Spitz
Yeah. My testimony is one minute or less. And that is based on the wounds and not on the area where the bodies are found other than what I gleaned when I went to the scene.
Spitz confirms he rendered a definitive timeline opinion without reviewing the crime scene photographs — a key foundation Baker was undermining.
Dr. Spitz
I've never seen it before so I cannot tell you.
Spitz admits he had never seen the crime scene photos of the closed-in area, directly before being shown what appears to be blood pooling and blood on Goldman's boot — a damaging revelation about the limits of his preparation.

Evidence (5)

Exhibit 2025
Autopsy photograph of Ron Goldman showing half-inch entry and exit wounds at the aorta
discussed during anatomy and wound-depth questioning
Exhibit 867
Diagram of the closed-in area at the Bundy crime scene
displayed on monitor during spatial reconstruction questioning
Exhibit 1342
Photographs of the closed-in area at Bundy, including images of blood smears on the gate and blood on Goldman's boot
shown to Spitz who admitted he had never seen these photos before
Informal
Spitz's anatomical drawings of the aorta and retroperitoneal area used during direct examination
referenced and reused during cross to discuss blood flow dynamics
Informal
Circulatory system diagram displayed on monitor
used by Baker to illustrate blood pressure and aortic blood flow

Notable Exchanges (4)

Robert BakerDr. Spitz
Baker presses Spitz on whether a severed aorta as the first wound would have caused Goldman to collapse within 10-15 seconds, denying a prolonged struggle. Spitz resists the conclusion, saying simply 'No,' and the exchange becomes a battle of medical hypotheticals.
strategic
Robert BakerDr. Spitz
Baker confronts Spitz with Exhibit 1342 — crime scene photos of the closed-in area — and Spitz admits he has never seen them before, undermining the evidentiary basis for his one-minute timeline opinion.
devastating
Robert BakerDr. Spitz
Baker catches that Spitz spoke to Dr. Golden (the coroner who performed the autopsies) after his deposition but before trial testimony, implying his opinions were supplemented post-deposition.
revealing
Robert BakerDr. SpitzEdward Medvene
Baker tries to get Spitz to agree that blood from a perforated aorta would flow into the peritoneal cavity rather than the retroperitoneal space. Spitz flatly disagrees ('No. I would definitely not agree to that'), and Medvene objects mid-witness-answer multiple times.
heated

Light Moments (2)

Robert Baker / Dr. Spitz
Baker called the anatomy diagram 'about my level of education' after Spitz criticized it as a 'high school' oversimplification. Spitz responded 'Yeah, but not mine,' drawing laughter from the courtroom.
Hiroshi Fujisaki
Judge Fujisaki responded to both sides agreeing on an objection with 'Well that's too productive' — a dry, sardonic remark.

Credibility Attacks (3)

⚔ Dr. Spitz
failure to review key evidence
Baker established that Spitz never reviewed the crime scene photos of the closed-in area (Exhibit 1342) or the physical evidence before rendering his one-minute timeline opinion.
⚔ Dr. Spitz
post-deposition supplementation
Baker noted that Spitz had not spoken to coroner Dr. Golden at the time of his deposition but did so afterward, suggesting his trial testimony had been bolstered after the fact.
⚔ Dr. Spitz
opinions beyond stated expertise
Baker repeatedly highlighted the contradiction between Spitz claiming his expertise was limited to wound analysis while having opined broadly on victim positioning, assailant angles, and struggle timelines.

Witness Demeanor

(Laughter.) [twice, following the high school education exchange]
(Indicating.) [multiple times — Spitz pointing to boards, diagrams, and photos during anatomy testimony]
Witness interrupts and corrects Baker mid-question multiple times (e.g., 'Of the neck,' correcting 'face'; 'This is the heart,' correcting Baker's anatomy narration)

Objections

7 objections (3 sustained, 2 overruled)
Proceeding 8200 • 233 utterances • Defense witness
Civil Trial
Department 103
⚖️ Start
📂 NOV 8, 1996 📄 Cross-examination of Dr. Werne
NOV 8, 1996 KRT DvH TD