📄 Direct examination of Lakshmanan Sathyavagiswaran (afternoon, part 3) — Thursday, June 8, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\8\DIRECT-EXAMINATION-OF-LAKSHMAN.DOC
TRIAL
▲ Day 91 of 167

Direct examination of Lakshmanan Sathyavagiswaran (afternoon, part 3)

Witness: Dr. Lakshmanan Sathyavagiswaran
Examiner: Brian Kelberg
Called by: Prosecution • Date: Thursday, June 8, 1995 • Utterances: 37
Kelberg uses the opening of the Goldman autopsy segment to lay foundation for Dr. Lakshmanan's independence as a reviewing expert — establishing that testifying on another physician's autopsy is routine for the Chief Medical Examiner, that he has done so hundreds of times, and that he forms his own opinions that sometimes differ from the original surgeon's. The segment ends with a recess called to allow the exhibit boards to be reorganized for the Goldman material.
1 THE COURT:

Mr. Kelberg.

2 MR. KELBERG:

Thank you, your Honor.

3 MR. KELBERG:

Doctor, before we move into the autopsy of Ronald Goldman, I want to ask you a few questions about this process that you have undertaken in reviewing all of the autopsy materials in both cases. Doctor, is it an uncommon experience for you to review autopsy materials in cases for which you were not the actual autopsy surgeon?

4 DR. LAKSHMANAN:

It's not at all uncommon in my capacity.

5 MR. KELBERG:

How does this come about?

6 DR. LAKSHMANAN:

I--I review cases and close cases for doctors who are no longer with the department. I review cases for case--for purposes of court testimony taken in conjunction with photographic review for doctors who have either passed away or no longer are with the department so that the department responds to the needs of the criminal justice system as far as testimony goes for forensic expertise, forensic pathology expertise. We--I--I also--I review files whenever I get queries from law enforcement agencies.

7 MR. KELBERG:

I'm sorry. When you get--

8 DR. LAKSHMANAN:

Queries.

9 MR. KELBERG:

Inquiries?

10 DR. LAKSHMANAN:

Inquiries from law enforcement agencies, from families of the people who have died. So you have to review these files for various reasons. And I've done depositions for--on reports of other physicians. And so basically there are many reasons why I do this quite commonly, reviewing other doctor's reports and review photographs. Sometimes the doctors close the case and there will be questions raised and I have to review the whole file and the photographs and microscopic studies to look into some new information brought to our attention and reopen the case. So there are many reasons why I have to evaluate the case.

11 MR. KELBERG:

Doctor, can you approximate how many times you have testified as a forensic pathologist on a case for which you were not the original autopsy surgeon?

12 DR. LAKSHMANAN:

Hundreds of times.

13 MR. KELBERG:

Doctor, have you ever had to spend the kind of time that you have spent in this case when you have done this similar process in these other cases?

14 MR. SHAPIRO:

Objection to the form of the question.

15 THE COURT:

Overruled.

16 DR. LAKSHMANAN:

No.

17 MR. KELBERG:

Is the process nevertheless--setting aside the amount of time, is the process you have undertaken here any different than the process you undertake in these other cases when you are called to testify on a case for which you were not the original autopsy surgeon?

18 DR. LAKSHMANAN:

The process is no different. You have to go through the same process. You have to review the report, you have to review the photographs. And sometimes if the report doesn't have the medical--let's say somebody who has been hospitalized, we need the medical information, you need to look at the medical information. So the process is not different. But here, I have to do a certain few other--some other work in addition to what I normally do.

19 MR. KELBERG:

Doctor, in your experience of testifying in cases for which you were not the original autopsy surgeon, have you reached independent opinions from any opinions expressed in any report from the actual autopsy surgeon which was different than the original autopsy surgeon's opinion?

20 DR. LAKSHMANAN:

Is this for testimony or is it for changing the cause of death and manner of death? In what context do you want me to answer that question?

21 MR. KELBERG:

First of all, in the context in which you review these cases where you will be testifying for the medical examiner who actually performed the autopsy, do you have as a reason for doing so the need to independently, that is on your own, from your review of the materials, form opinions on issues like cause and manner of death?

22 DR. LAKSHMANAN:

Yes.

23 MR. KELBERG:

And have you done that process where at the end, your opinion differed from any opinion expressed by the actual medical examiner who performed the autopsy?

24 DR. LAKSHMANAN:

Sometimes it's happened.

25 MR. KELBERG:

Is there any feeling that you have that what you are really doing is merely puppeting an opinion that was expressed in a report from the actual medical examiner rather than being an independent assessment by you of these issues?

26 DR. LAKSHMANAN:

I make an independent assessment. My opinion most of the time will concur with the opinion of the medical examiner. If my opinion is different, I state my opinion. If my findings are different when I do independent review of photographs as I've done in this case, I have given you my independent measurements and opinion. I have couched my opinions based on what I can support with my independent review. And as I told you earlier when I came to this court, I'm here to tell the truth as I see it and anything I review.

KEY QUOTE
27 MR. KELBERG:

Doctor, is the process you have undertaken in this case and these other cases where you were not the original autopsy surgeon similar in nature to what forensic pathologists who are retained by people charged with crimes do when they evaluate issues of forensic pathology in a criminal homicide case?

28 DR. LAKSHMANAN:

Yes.

29 MR. KELBERG:

Doctor, we're going to move into the autopsy of Ronald Goldman.

30 MR. KELBERG:

Your Honor, I have a series of exhibits I'd ask to be marked. May I have just a moment with Mr. Shapiro, please?

31 THE COURT:

You may. Would this be a good place to take a break?

32 MR. KELBERG:

Any time the Court would wish to do so is fine.

33 THE COURT:

I mean, do you need time to arrange your exhibits and reorganize the boards?

34 MR. KELBERG:

We will need to use the ones we have been using to the back and get the ones that have been to the back to the front.

35 THE COURT:

All right. Given the number and size of these exhibits, perhaps we should take the break now.

36 MR. KELBERG:

Whatever you wish.

37 THE COURT:

All right. Ladies and gentlemen, we're going to take a--our 15-minute recess, our first 15-minute recess for the Thursday afternoon. Please remember all of my admonitions to you. We'll stand in recess for 15.

Temperature

procedural

Key Quotes (3)

Dr. Lakshmanan Sathyavagiswaran
Hundreds of times.
Establishes that reviewing and testifying on another doctor's autopsy is a routine, well-practiced function of his role — not a special accommodation invented for this case.
Dr. Lakshmanan Sathyavagiswaran
I make an independent assessment. My opinion most of the time will concur with the opinion of the medical examiner. If my opinion is different, I state my opinion.
Directly rebuts any suggestion that he is merely ratifying Dr. Irwin Golden's conclusions; he asserts intellectual independence and implies his measurements and findings stand on their own.
Dr. Lakshmanan Sathyavagiswaran
I'm here to tell the truth as I see it and anything I review.
A credibility anchor statement, volunteered by the witness, positioning him as an objective fact-finder rather than a prosecution advocate.

Notable Exchanges (1)

Brian KelbergDr. Lakshmanan Sathyavagiswaran
Kelberg asks whether Lakshmanan is 'merely puppeting an opinion' from Golden's report. The doctor rejects the framing explicitly, describing his independent review of photographs and measurements, and noting he will state a different opinion when his findings diverge.
strategic

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 6331 • 37 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JUN 8, 1995 📄 Direct examination of Lakshman
JUN 8, 1995 KRT DvH TD