📄 Redirect examination of Dr. Donald Dutton (part 1) — Thursday, January 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\12\REDIRECT-EXAMINATION-OF-DR-DON.DOC
TRIAL
▲ Day 2 of 167

Redirect examination of Dr. Donald Dutton (part 1)

Witness: Dr. Donald Dutton
Examiner: Scott Gordon
Called by: Prosecution • Date: Thursday, January 12, 1995 • Utterances: 101
Prosecutor Scott Gordon conducts a brief redirect of domestic violence expert Dr. Donald Dutton, rehabilitating key points after Bailey's cross-examination. Gordon elicits testimony connecting gifts and contrition to the battering cycle, explaining stalking and intrusion as extensions of dominance and control, and closing with the statistic that separation increases a woman's risk of being killed by a factor of six.
1

REDIRECT EXAMINATION

2

BY MR. GORDON:

3 Q:

A COUPLE QUESTIONS TO PUT YOU IN ANOTHER ROLE. I DON'T KNOW IF YOU ARE COMFORTABLE WITH THIS. LET'S TO GO MR. BAILEY'S HYPOTHETICAL CHANGING -- I DON'T KNOW IF THIS IS MORE ATTRACTIVE TO YOU OR NOT. WE ARE IN AN INTIMATE RELATIONSHIP, GIVING YOU THE PORSCHE, THE CONDOMINIUM, THE BRACELETS, ALL THESE WONDERFUL GIFTS. WOULD IT BE SIGNIFICANT TO YOU IF JUST PRIOR TO EACH OF THOSE GIFTS A CRITICAL INCIDENT OF BATTERING OR A BATTERING HAD OCCURRED?

4 A:

OH, YES, DEFINITELY.

5 Q:

WHY?

6 A:

WELL, BECAUSE THEN THE GIFT WOULD BE PART OF WHAT'S CALLED -- LENORE WALKER HERSELF CALLS IT THE CONTRITION PHASE, WHICH IS DOING ANYTHING, SAYING ANYTHING, GIVING ANYTHING TO GET THE RELATIONSHIP BACK ON EVEN KEEL AGAIN AND TO PREVENT THE WOMAN FROM LEAVING.

7 Q:

IN FACT, IN LENORE WALKER'S STUDIES WE HAVE TALKED ABOUT THERE IS DISCUSSION OF ALMOST EXCESSIVE GIVING AT THIS CONTRITION OR HONEYMOON PHASE, ISN'T THERE?

8 A:

YES.

9 Q:

ONE OF THE THREE PHASES OF A BATTERING?

10 A:

UH-HUH.

11 Q:

THE CRITICAL BATTERING OR THE BATTERING ITSELF?

12 A:

UH-HUH.

13 Q:

THE CONTRITION OR HONEYMOON?

14 A:

AND TENSION BUILDING.

15 Q:

AND THEN TENSION BUILDING?

16 A:

YES.

17 Q:

NOW, WE TALK ABOUT AND MR. BAILEY IS ASKING YOU QUESTIONS ABOUT THE DUAL PERSONALITY THAT SOMETIME EXISTS IN BATTERERS.

18 A:

YES.

19 Q:

DOES THAT MEAN IF I AM THE BATTERER I THINK I AM A 17-YEAR OLD HIGH SCHOOL STUDENT ON ONE DAY AND A 45-YEAR OLD WOMAN ON ANOTHER DAY, THAT KIND OF DUAL PERSONALITY?

20 A:

IT IS NOT DELUSIONAL THAT WAY. IT IS SIMPLY SOMEONE CHRONICALLY ANGRY AND ABUSIVE AT HOME CAN PRESENT IN PUBLIC COMPLETELY AFFABLY, NORMALLY, NONVIOLENTLY AND FREQUENTLY DO.

21 Q:

AND IN FACT THAT PUBLIC PERSONA OR PUBLIC FACE, IS THERE A CERTAIN KIND OF PERSONALITY YOU FIND THAT IS IN FACT PRESENTED BY BATTERERS?

22 A:

I WOULD SAY THERE IS A VARIETY OF PUBLIC FACES AND THE ONLY THING THAT REALLY DISTINGUISHES THEM IS THE FACT THAT THERE IS THIS VARIETY OF WHAT APPEAR TO BE NORMAL ACCEPTABLE PERSONALITIES IN PUBLIC WHICH ARE CONTRADICTED THROUGH BEHAVIOR AT HOME.

23 Q:

IS THIS ONE CALLED A NARCISSISTIC PERSONALITY DISORDER OR NARCISSISM THAT IS ENGAGED IN MUCH OF WHAT YOU HAVE TALKED ABOUT?

24 A:

WELL, THERE IS TYPICALLY THOUGHT TO BE THREE DIFFERENT KIND OF BATTERERS AND THERE IS ONE THAT IS CALLED EMOTIONALLY VOLATILE AND THE DSM3 AND DSM4, IT IS CALLED CLUSTER B EXTREME PERSONALITY, BORDERLINE PERSONALITY, NARCISSISTIC PERSONALITY AND WHAT IS CALLED AGGRESSIVE SADISTIC PERSONALITY.

25 Q:

WHAT DO YOU MEAN, "NARCISSISTIC PERSONALITY"?

26 A:

A NARCISSISTIC PERSONALITY WILL BE SOMEONE WHO HAS AN EXAGGERATED OR A GRANDIOSE VIEW OF THEIR OWN APPEARANCE WHO NEEDED A CONSTANT KIND OF REINFORCEMENT, WHO OVERREACTED TO ANY KIND OF SLIGHT CRITICISMS AND WAS INCAPABLE OF DEVELOPING EMPATHY WITH OTHER PEOPLE.

27 Q:

ALWAYS WANT TO BE CENTER OF THE ATTENTION?

28 A:

YEAH.

29 Q:

AND THAT PERSONALITY THEY PUT FORTH IN PUBLIC, IS THAT THE SAME, THIS INTIMATE PERSONALITY? COULD THAT INTIMATE PERSONALITY BE THE VIOLENT ONE?

30 A:

COULD BE.

31 Q:

MR. BAILEY ASKED YOU ABOUT SOME QUESTIONS ABOUT WALKING IN ON SOMEONE AND THE JEALOUSY THAT WOULD OCCUR.

32 A:

UH-HUH.

33 Q:

DO YOU REMEMBER THOSE QUESTIONS?

34 A:

YES.

35 Q:

IS FOLLOWING THE OBJECT OF CONTROL OR THE BATTERED WIFE OR STALKING SOMETHING YOU HAVE SEEN BEFORE?

36 A:

YES, IT IS.

37 Q:

IS THIS AN IMPORTANT BEHAVIOR?

38 A:

IT IS EXTREMELY IMPORTANT BEHAVIOR.

39 Q:

DO YOU SEE THAT KIND OF JEALOUSY, FOLLOWING, I'M WATCHING OVER YOU KIND OF BEHAVIOR A LOT IN THESE CASES?

40 A:

WE SEE IT FREQUENTLY. IT IS AN EXTENSION OF THE DOMINANCE CONTROL FACTOR THAT I PUT UP HERE ON THE BOARD. IN FACT, IF YOU WANT IT, IF I CAN REALLY ANSWER THIS, JUST PULL THIS DOWN, THIS IS THE FIRST HALF OF A SCALE THAT WE ARE USING IN OUR RESEARCH BECAUSE WE ARE STUDYING THIS VERY TOPIC, INTRUSIVENESS, AND WE HAVE TAKEN A LIST OF BEHAVIORS AND WE HAVE ASKED WOMEN WHO ARE ESTRANGED FROM MEN WITH WHOM THEY HAD BATTERING RELATIONSHIPS TO MAKE A LIST OF ALL THE THINGS THAT THIS PERSON DID, AND THAT IS JUST THE FIRST HALF OF THE SCALE AND HERE IS THE SECOND HALF OF THE SCALE.

41 Q:

AND HOW DOES THAT RELATE TO WHAT WE ARE TALKING ABOUT WITH REGARD TO STALKING?

42 A:

WELL, WHAT IT -- IT RELATES IN THIS WAY: MEN WHO ARE PARTICULARLY CONTROLLING AND DOMINATING WHEN THEY ARE IN THE RELATIONSHIP WITH THE WOMAN ARE THE ONES WHO ARE MOST LIKELY TO ENGAGE IN THESE KIND OF INTRUSIONS AFTER THAT RELATIONSHIP TERMINATES.

43 Q:

NOW, WHEN YOU SAY "INTRUSIONS," COULD THAT BE FOLLOWING SOMEONE?

44 A:

IT COULD BE.

45 Q:

GOING TO SOMEONE'S HOUSE?

46 A:

UNWARRANTED GOING TO THAT PERSON'S HOUSE, YES.

47 Q:

HOW ABOUT CALLING THEN ALL THE TIME UNWANTED?

48 A:

IF IT IS UNWANTED, YES, DEFINITELY.

49 Q:

SENDING THEM GIFTS OR GIVING THEM THINGS TO LET THEM KNOW THAT YOU ARE THINKING OF THEM AND WATCHING THEM?

50 A:

THE KEY HERE IS THAT THE WOMAN HAS MADE SOME KIND OF INDICATION THAT SHE DOESN'T WANT THIS AND THE MAN CONTINUES TO INTRUDE ON THE WOMAN'S LIFE.

51 Q:

IT IS INTERESTING -- WELL, YOU WERE ANSWERING MR. BAILEY'S QUESTIONS ABOUT THIS JEALOUSY. YOU SAID THIS KIND OF INTERACTION BETWEEN THE BATTERER AND THE MAN MIGHT NOT HAVE ANYTHING TO DO WITH CONTROL. YOU SEEMED TO INFER THAT HE MIGHT HAVE SOME REAL PROBLEMS OF JEALOUSY WITH THE WOMAN?

52 A:

UH-HUH.

53 Q:

IS THAT YES, SIR?

54 A:

THAT IS A YES.

55 Q:

WHY?

56 A:

WHY IS THE MAN MORE OF AN ISSUE THAN THE WOMAN?

57 Q:

THE HYPOTHETICAL HE GAVE YOU WHERE THIS MAN CAME ON HIS WIFE AND HE HAD SEEN SOMETHING OCCUR AND HE RELATED FRIENDLY TO THE MAN, THAT MIGHT NOT MEAN A LOT TO THE MAN, BUT IT MIGHT MEAN SOMETHING TO THE WOMAN?

58 A:

MY OWN SORT OF TAKE ON THAT IS MEN WHO ARE -- THE KIND OF MEN WHO I AM LOOKING AT THAT ARE ABUSIVE, THEIR PREDOMINANT RAGE, IS WITH A WOMAN. THEY ARE FREQUENTLY BUDDIES WITH MEN. THEY GET ALONG FINE WITH MEN. WOMEN ARE KIND OF LIKE A LIGHTENING ROD FOR ALL THE EMOTIONAL STORMS IN THEIR LIFE. FREQUENTLY UNLIKELY TO DISPLAY ANY KIND OF RAGE TOWARD A MAN.

59 Q:

AND WHEN THEY DO DISPLAY THIS RAGE, IS IT USUALLY IN PUBLIC OR WHEN THEY GET PRIVATE -- TO THAT PRIVATE PERSONALITY?

60 A:

TOWARD THE WOMAN IT WOULD BE IN PRIVATE.

61 Q:

NOW, WE TALKED ABOUT THIS HYPOTHETICAL ABOUT SOME KIND OF DOCUMENT, THIS PROMISE. IS THE PROMISE THE KIND OF THING THAT COULD OCCUR, THIS KIND OF PROMISE OF GENEROSITY, WITHIN THIS CONTRITION PHASE?

62 A:

YES, IT IS.

63 Q:

AND THEN NOTHING HAPPENING IN A BATTERED WOMAN'S LIFE BECAUSE NOTHING IS REPORTED, DOES THAT MEAN NOTHING IS HAPPENING?

64 A:

OH, NO. THAT MEANS SHE IS NOT REPORTING ANYTHING.

65 Q:

DO BATTERED WOMEN LEARN IN ANY WAY NOT TO REPORT?

66 A:

WELL, OCCASIONALLY I MEAN WHEN -- ONE OF THE THINGS THAT CAN HAPPEN WITH SOME BATTERED WOMEN IS IF THEY REPORT SOMETHING AND IT GETS FOUND OUT, THE HUSBAND DISCOVERS IT AND IT BECOMES A CAUSE OF FUTURE CONSTERNATION, THEN SHE REALLY STOPS TALKING AND STOPS EVEN WRITING A DIARY. OR IF SHE KEEPS A DIARY SHE REALLY KEEPS IT UNDER LOCK AND KEY. SHE HAS GOT TO BE VERY CAREFUL THAT HE IS NOT GOING TO FIND OUT WHAT SHE IS SAYING. THAT IS DANGEROUS FOR HER.

67 Q:

BATTERED WOMEN ARE HYPER VIGILANT, CORRECT?

68 A:

YES.

69 Q:

THEY WATCH EVERYTHING THEY SAY, DO, WHERE THEY GO, WHAT THEY DO, BECAUSE THEY KNOW A LOT OF THOSE INNOCUOUS THINGS MIGHT BE TRIGGERS?

70 A:

THAT'S RIGHT.

71 Q:

MR. BAILEY WAS ASKING YOU QUESTIONS ABOUT DETERMINING IF A SPOUSAL HOMICIDE MIGHT OCCUR WITHIN YOUR FIELD.

72 A:

UH-HUH.

73 Q:

LET ME ASK YOU THIS, SIR: DOES YOUR FIELD LOOK AT WHY THEY OCCUR?

74 A:

YES.

75 Q:

AND IS JEALOUSY AND ESTRANGEMENT A BIG REASON?

76 A:

YES, THEY ARE THE MAIN REASONS.

77 Q:

TERRIFYING LOVE IS A BOOK WRITTEN BY DR. WALKER, CORRECT?

78 A:

YES.

79 Q:

YOU ARE FAMILIAR WITH THAT, SIR?

80 A:

YES.

81 Q:

AND IN FACT IN THAT BOOK DOESN'T SHE SAY THAT SEPARATION CREATES A PERIOD OF UNPRECEDENTED DANGER?

82 MR. BAILEY:

COUNSEL, WOULD YOU RETURN THE COURTESY AND GIVE ME THE PAGE NUMBER?

83 MR. GORDON:

CERTAINLY, SIR. 65.

84 DR. DONALD DUTTON:

THAT'S RIGHT. AND ALL EMPIRICAL STUDIES THAT HAVE BEEN DONE ON INTIMATE HOMICIDE SAY EXACTLY THE SAME THING.

85 MR. GORDON:

COULD I HAVE JUST A MOMENT, YOUR HONOR?

86 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEYS.)
87 Q:

BY MR. GORDON: NOW, ONE QUESTION. WITH REGARD TO THIS PERIOD OF WHERE A WOMAN DOESN'T DISCLOSE, WOULD IT BE SIGNIFICANT IF SHE WAS CHRONICLING HER OWN ABUSE PRIVATELY?

88 A:

IF SHE WAS --

89 Q:

CHRONICALLY, KEEPING RECORDS OF HER OWN ABUSE PRIVATELY?

90 A:

YES.

91 Q:

WHY WOULD THAT BE SIGNIFICANT?

92 A:

WELL, IT WOULD SAY TO ME THAT SHE WAS, FIRST OF ALL, BEING HYPER VIGILANT IN TERMS OF HER DISCLOSURES. I MEAN, SHE WAS KIND OF LIKE KEEPING A SECRET, SECRET, SECRET DIARY, AND IT MIGHT ALSO MEAN THAT SHE WAS PLANNING -- PUTTING EVIDENCE IN PLACE BECAUSE SHE WAS PLANNING SOME KIND OF LEGAL ACTION.

93 Q:

COULD IT BE BECAUSE SHE WAS AFRAID?

94 A:

CERTAINLY SHE IS AFRAID. THAT IS WHY SHE IS KEEPING IT SO SECRET.

95 Q:

HAVE YOU EVER HEARD OF A CASE WHERE A WOMAN HAS EXPRESSED FEAR, IN FACT EXPRESSED FEAR OF BEING POSSIBLY KILLED BY THE BATTERER AND YET NOT LEFT?

96 A:

YES.

97 Q:

WHY IS THAT?

98 A:

WELL, I'VE HEARD OF CASES -- I'VE HEARD OF SOME WOMEN WHO ARE AFRAID TO STAY WITH THEM AND AFRAID TO LEAVE THEM BOTH AND THEY ARE CAUGHT BETWEEN TWO OPPOSING FEARS AND THE DECISION THEY MAKE IS THAT THEY ARE PROBABLY GOING TO BE SAFER TO STAY AND RIDE IT OUT THAT IF THEY LEAVE THEY ARE GOING TO DEAD FOR SURE.

99 Q:

IS IT IN FACT CORRECT THAT THAT ACT OF SEPARATION WE TALKED ABOUT EARLIER, IT MIGHT BE EVEN A SMALL ACT, BUT WHEN THAT ESTRANGEMENT OR SEPARATION OCCURS, THAT IS THE MOST DANGEROUS TIME FOR SUCH A WOMAN?

100 A:

THE RISK RATIO MAGNIFIES HER CHANCES OF BEING KILLED BY A FACTOR OF 6.

KEY QUOTE
101 MR. GORDON:

I HAVE NO FURTHER QUESTIONS. THANK YOU, SIR.

Temperature

tense

Key Quotes (4)

Dr. Donald Dutton
THE RISK RATIO MAGNIFIES HER CHANCES OF BEING KILLED BY A FACTOR OF 6.
The closing line of the redirect — a stark statistical punctuation on the prosecution's domestic violence narrative, directly implicating the period of Nicole's estrangement from O.J.
Dr. Donald Dutton
WOMEN ARE KIND OF LIKE A LIGHTENING ROD FOR ALL THE EMOTIONAL STORMS IN THEIR LIFE. FREQUENTLY UNLIKELY TO DISPLAY ANY KIND OF RAGE TOWARD A MAN.
Counters Bailey's cross-examination implication that jealousy of a male rival was the trigger — Dutton reframes the rage as directed at the woman, not the man.
Dr. Donald Dutton
THEY ARE PROBABLY GOING TO BE SAFER TO STAY AND RIDE IT OUT THAT IF THEY LEAVE THEY ARE GOING TO BE DEAD FOR SURE.
Explains why Nicole did not leave O.J. despite expressed fear of being killed — directly addresses a defense theme that lack of departure undermines the abuse narrative.
Dr. Donald Dutton
IT MIGHT ALSO MEAN THAT SHE WAS PLANNING -- PUTTING EVIDENCE IN PLACE BECAUSE SHE WAS PLANNING SOME KIND OF LEGAL ACTION.
Refers implicitly to Nicole's secret diary documenting abuse — frames her private record-keeping as the behavior of a frightened, hyper-vigilant woman, not a fabricator.

Evidence (3)

Informal
Intrusiveness scale used in Dutton's research — a two-part checklist of post-separation controlling behaviors reported by women estranged from batterers
discussed, physically displayed to jury (pulled down from board)
Informal
'Terrifying Love' by Dr. Lenore Walker, page 65 — states that separation creates a period of unprecedented danger
discussed, page number cited by Gordon at Bailey's request
Informal
Nicole Brown Simpson's private diary documenting abuse
referenced implicitly — Gordon asks whether a woman secretly chronicling her own abuse would be significant

Notable Exchanges (3)

Scott GordonDr. Donald Dutton
Gordon walks Dutton through the three phases of the battering cycle (tension-building, battering, contrition/honeymoon) and ties lavish gift-giving by O.J. to the contrition phase following incidents — directly recontextualizing Bailey's cross about the Porsche, condo, and jewelry.
strategic
Scott GordonDr. Donald Dutton
Gordon elicits the 'factor of 6' risk statistic at separation as his final question — a deliberate rhetorical close designed to leave the jury with a number rather than an argument.
strategic
F. Lee BaileyScott Gordon
Bailey interrupts to request a page number for the Walker book citation; Gordon provides it immediately (page 65). Momentary but shows Bailey monitoring prosecution's use of literature.
procedural

Credibility Attacks (1)

⚔ F. Lee Bailey (cross-examination themes)
rehabilitation of prior cross-examination
Gordon systematically re-examined each of Bailey's hypotheticals — the gift-giving, the dual personality, the jealousy of a male rival — and used Dutton to reframe each one as consistent with, rather than contradicting, a batterer profile.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 4379 • 101 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JAN 12, 1995 📄 Redirect examination of Dr. Do
JAN 12, 1995 KRT DvH TD