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 • Lines: 18

On redirect, Shapiro asks Baden how often, in his experience, a medical examiner who performed an autopsy, reached conclusions, and was available to testify was not called as a witness. Baden says he cannot think of a single instance. The exchange ends after Kelberg asks Baden to confirm that Dr. Golden was not called in this case, and Baden answers yes.

# 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

procedural

Key Quotes (2)

Dr. Michael Baden

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

Baden says that, as he sits there, he cannot recall a single instance matching Shapiro's question.

Brian Kelberg

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

Kelberg asks Baden to confirm that Dr. Golden was not called in this case.

Notable Exchanges (1)

Robert Shapiro•Dr. Michael Baden•Brian Kelberg

Shapiro walks Baden through a rhetorical buildup — over 30 years of experience, heading medical offices, and testifying around the country and internationally — before asking how often a medical examiner who performed an autopsy, reached conclusions, and was available to testify was not called as a witness. Baden says that, as he sits there, he cannot think of a single instance. Kelberg then asks Baden to confirm that Dr. Golden was not called, and Baden answers yes.

strategic

Credibility Attacks (1)

⚔ prosecution (implied)

adverse inference argument

The exchange links Baden's inability to recall a comparable instance with his confirmation that Dr. Golden was not called in this case.

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7275 • 18 lines • Defense witness

Criminal Trial

Department 103