Redirect examination of Dr. Michael Baden

📄 Redirect examination of Dr. Michael Baden — Friday, August 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\AUG\11\REDIRECT-EXAMINATION-OF-DR-MIC.DOC

TRIAL

▲ Day 134 of 167

◀ Cross-examination of Dr. Michael Baden (part 3) Recross-examination of Dr. Michael Baden ▶

Witness: Dr. Michael Baden
Examiner: Robert Shapiro
Called by: Defense • Date: Friday, August 11, 1995 • Utterances: 18

Shapiro uses redirect to rehabilitate Baden's credibility and land a pointed implication: it is virtually unheard of for a medical examiner who performed an autopsy to not be called as a witness — and Dr. Irwin Golden, who conducted the autopsies in this case, was not called by the prosecution. The exchange is brief but strategically pointed, ending with Kelberg attempting to blunt the damage by getting Baden to confirm the fact on the record himself.

# 1 MR. SHAPIRO:

Thank you very much, your Honor. Good afternoon, ladies and gentlemen, and thank you for your patience.

REDIRECT EXAMINATION BY MR. SHAPIRO

# 2 MR. SHAPIRO:

Dr. Baden, you were asked by Mr. Kelberg whether or not you in your experience have been retained for purposes of consultation by both the Defense and the Prosecution, and you answered you had; is that correct?

# 3 DR. BADEN:

Yes, Mr. Shapiro.

# 4 MR. SHAPIRO:

And then you answered in response to his question that it was your opinion that if your findings were different than the person who was asking you to investigate--for example, if Mr. Kelberg asked you to investigate, your findings were different than his theory, your opinion is, you would not be called as a witness; is that correct?

# 5 DR. BADEN:

Yes.

# 6 MR. SHAPIRO:

You have been a forensic pathologist for how many years?

# 7 DR. BADEN:

Umm, over 30 years.

# 8 MR. SHAPIRO:

You have headed medical offices?

# 9 DR. BADEN:

Yes.

# 10 MR. SHAPIRO:

You have testified around the country and internationally?

# 11 DR. BADEN:

Yes.

# 12 MR. SHAPIRO:

On how many occasions in the last 30 years are you aware of a situation where a medical examiner did an autopsy, came to conclusions, was available to testify and was not called as a witness in a case?

# 13 MR. KELBERG:

Objection. Argumentative.

# 14 THE COURT:

Overruled.

# 15 DR. BADEN:

As I sit here, I can't think of a single instance.

KEY QUOTE

# 16 MR. KELBERG:

And you're aware that Dr. Golden was not called in this case; are you not?

KEY QUOTE

# 17 DR. BADEN:

Yes.

# 18 MR. SHAPIRO:

Thank you. Nothing further.

Temperature

tense

Key Quotes (2)

Dr. Michael Baden

As I sit here, I can't think of a single instance.

Baden testifies it is essentially unprecedented for a medical examiner who performed an autopsy to be withheld from the witness stand — directly indicting the prosecution's decision not to call Dr. Golden.

Brian Kelberg

And you're aware that Dr. Golden was not called in this case; are you not?

Kelberg breaks in to preempt Shapiro's closing implication by making Baden state the fact plainly, attempting to neutralize or own the point rather than let it hang unanswered.

Notable Exchanges (1)

Robert Shapiro•Dr. Michael Baden•Brian Kelberg

Shapiro walks Baden through a rhetorical buildup — 30 years of experience, heading medical offices, testifying internationally — before asking how often a medical examiner who did an autopsy goes uncalled. Baden says never. Kelberg then steps in to make Baden confirm that Dr. Golden was not called, trying to control the damage.

strategic

Credibility Attacks (1)

⚔ prosecution (implied)

adverse inference argument

Shapiro uses Baden's testimony to suggest the prosecution suppressed Dr. Golden as a witness because his findings did not support their theory — a classic missing witness inference play.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7275 • 18 utterances • Defense witness

Criminal Trial

Department 103