Cross-examination of Dr. Donald Dutton (part 2)

📄 Cross-examination of Dr. Donald Dutton (part 2) — Thursday, January 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\12\CROSS-EXAMINATION-OF-DR-DONALD.DOC

TRIAL

▲ Day 2 of 167

◀ Recross-examination of Dr. Donald Dutton Redirect examination of Dr. Donald Dutton (part 2) ▶

Witness: Dr. Donald Dutton
Examiner: F. Lee Bailey
Called by: Prosecution • Date: Thursday, January 12, 1995 • Utterances: 3

F. Lee Bailey's cross-examination of Dr. Button ends abruptly after Judge Ito indicates that a letter Bailey intended to use would not be helpful to his ruling. Bailey immediately withdraws the letter and passes the witness with no further questions.

# 1 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 2 THE COURT:

COUNSEL, THIS LETTER IS NOT GOING TO BE REALLY HELPFUL TO ME IN MAKING THE DETERMINATION.

KEY QUOTE

# 3 MR. BAILEY:

WE WITHDRAW IT, YOUR HONOR. NO FURTHER QUESTIONS, JUDGE.

KEY QUOTE

Temperature

procedural

Key Quotes (2)

Lance A. Ito

COUNSEL, THIS LETTER IS NOT GOING TO BE REALLY HELPFUL TO ME IN MAKING THE DETERMINATION.

The judge signals the evidence is inadmissible or irrelevant before Bailey can even use it, forcing him to abandon the line of questioning entirely.

F. Lee Bailey

WE WITHDRAW IT, YOUR HONOR. NO FURTHER QUESTIONS, JUDGE.

Bailey cuts his losses immediately rather than pressing the point, ending the cross-examination on a deflated note.

Evidence (1)

Informal

An unspecified letter Bailey intended to use during cross-examination

withdrawn after judge indicated it would not be helpful

Notable Exchanges (1)

Lance A. Ito•F. Lee Bailey

Judge preemptively signals the letter has no evidentiary value; Bailey withdraws it without argument and ends cross.

deflating

Objections

None recorded

Proceeding 4381 • 3 utterances • Prosecution witness

Criminal Trial

Department 103