Defense Witness Contradicts Simpson On Cuts
SANTA MONICA, Calif. Dec. 17 (Noon) -- Defense expert pathologist Dr. Michael Baden faced a contentious cross-examination Tuesday morning in the O.J. Simpson civil trial, refusing to back off his testimony that the killings could have taken up to fifteen minutes and that there could have been two assailants. But Baden contradicted Simpson on an important point: exactly when Simpson received cuts and scratches on his left hand.
At the start of the afternoon session, an alternate juror was dismissed. Sources said the juror, a Hispanic male, had mentioned on Christmas cards that he was on the panel, violating the judge's order not to discuss the case.
Plaintiffs' attorney Edward Medvene is currently finishing his recross-examination of Baden. Michael Gladden, who approached Simpson for an autograph at the Los Angeles airport the night of the murders, is due to take the stand later in the day. The defense is also scheduled to read into the record criminal trial testimony from Michael Norris, another airport witness, and William Blasini, who saw no blood or fingerprint dust when he looked into Simpson's Bronco while it was in a police impound lot.
The timing of when Simpson received some of the cuts and scratches on his left hand became an issue in the trial once again because Baden contradicted Simpson's earlier testimony. On the stand in November, Simpson told jurors that he only had one cut on his left hand when he returned from Chicago the day after the murders. (When Simpson's doctor, Robert Huizenga, examined him two days after his return, Simpson had three cuts and seven abrasions on his left hand.) The ex-football star told jurors that the rest of the cuts must have occurred after he came back from Chicago. But Baden testified that when he examined Simpson on June 17, five days after the murders, Simpson told him he received some of the cuts before he went to Chicago.
"Is it true Mr. Simpson told you he received some of those marks on his hand June 12 in Los Angeles prior to his trip to Chicago?" Medvene asked.
"Yes," Baden replied.
The plaintiffs sharply attacked Baden on his testimony Monday that Goldman likely stood for five minutes after receiving the wound on the left side of his neck. Baden based his theory on the fact that Goldman's bottom left pant leg and shoe were soaked with blood. But Medvene pointed out that Goldman had very little blood on the left side of his shirt, on his stomach, and on the top left side of his pants.
"Now sir, you're suggesting to us that blood from the jugular is going to go down the side of the shirt and leave [a small] amount of blood, and then somehow it's going to soak in, in that kind of fashion?" Medvene asked, pointing to a photograph showing Goldman's blood drenched pant leg.
"Yes," Baden replied, noting that the amount of blood that soaks into clothing depends on factors such as the type of fabric and how tight the clothes are against the body.
Fingernails were a point of attack as well, as the plaintiffs tried to counter Baden's assertion that the large gouge on Simpson's middle finger was cut by glass. Medvene noted that an attacker, grabbing the victim from behind, might have been subjected to scratching.
"It's certainly possible the victim could have attempted to scratch and pull the assailant [away] from the victim's throat, isn't that true sir?" Medvene asked.
"Yes," Baden replied.
Medvene continued: "Is it correct sir that it was your opinion that the injuries on Mr. Simpson's hand could have been the result of a struggle between Mr. Simpson and another human being, yes or no, sir?"
"It's not that that's my opinion, but it could have happened that way, yes," Baden said.
Baden and Medvene clashed several times because Baden refused to provide a one-word yes-or-no answers to questions. At one point Baden criticized Medvene for asking a question with too many facts in it. Baden also continued to provide long winded answers to yes-or-no questions -- which did not sit well with Judge Hiroshi Fujisaki.
"Excuse me, will you listen to the question and answer the question instead of arguing with the lawyer?" Judge Fujisaki admonished Baden.
-Robert Schmidt
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