Alan Jackson cross examines Dr. Michael Baden in May 2007 and August 2007 during the Phil Spector trial.
00:00:00 – Dr. Michael Baden’s Testimony in the Phil Spector Trial
00:03:13 – Pretrial Hearing – Defense Attorney Plourd Introduces Baden
00:06:53 – Pretrial Hearing – Alan Jackson – Cross Examination
00:33:40 – Voir Dire – Alan Jackson Questions New Defense Theory
00:51:15 – Discovery Violations Argued
00:59:01 – Judge Fidler scolds defense for “knowing & deliberate violation”
01:05:15 – Baden’s Direct Exam Conclusion
01:05:35 – Dr. Baden – Cross Examination by Alan Jackson
*Dr. Michael Baden’s Testimony (2007 Phil Spector Trial)*
_I. The Discovery Violation Dispute (Spinal Transection Theory)_
• *The “Aha” Moment:* Dr. Baden testified that he realized only days prior (on a Sunday) that the victim’s spinal cord was likely not fully severed at the moment of the gunshot, but rather during transport.
◦ *Medical Basis:* He argued the heavy weight of the lungs (1,800g) due to aspirated blood proved the victim continued breathing after the shot, which is impossible with a fully severed spine.
• *The Violation:* The defense (Attorney Plourd) knew of this new opinion on Sunday but did not disclose it to the prosecution until the testimony began on Tuesday.
• *Judicial Ruling:* Judge Fidler ruled this a “deliberate and knowing violation” of discovery rules intended to gain a “tactical advantage”. The remedy chosen was a specific jury instruction regarding the violation rather than striking the testimony.
_II. Forensic Evidence regarding the Shooter_
• *Manner of Death:* Baden opined the wound was self-inflicted, potentially reckless behavior (“playing with the weapon”) rather than purely suicidal, though he could not determine her intent.
• *Intraoral Wound:* He testified that intraoral (mouth) gunshot wounds are almost exclusively self-inflicted and extremely rare in homicides unless multiple assailants are involved.
• *The Fingernail Evidence:*
◦ Baden identified a missing piece of “French manicure” (white acrylic) from the victim’s thumb.
◦ Theory: He argued this damage was caused by the thumb striking the trigger guard during recoil, indicating her thumb was on the trigger.
• *Blood Spatter & Clothing:*
◦ *Spector’s Clothing:* Baden noted the absence of high-velocity blood or tissue on Spector’s white jacket and pants, arguing a shooter within arm’s reach would have significant spatter.
◦ *The Black Jacket (Victim):* The defense argued tissue found on the victim’s jacket buttons indicated her arm was positioned near her mouth.
_III. Prosecution Cross-Examination & Impeachment_
• *Conflict of Interest:* The prosecution highlighted Baden’s marriage to Linda Kenney Baden (Spector’s attorney) and his $110,000 fee, suggesting a lack of independence.
• *Lack of Documentation:* Baden admitted to keeping no handwritten notes and producing only a single short report (Feb 14, 2007) despite years of work, which the prosecution argued was a tactic to limit discovery.
• *”Twisted” Evidence:* The prosecution argued the defense manipulated the victim’s jacket on a mannequin—twisting the sleeve inward—to force the buttons to face the mouth, creating a photo opportunity that did not reflect natural anatomy.
• *Spector’s History:* Baden acknowledged awareness of Spector’s history of holding women at gunpoint (Melvin, Jennings, Ogden) but stated it did not change the physical evidence of who pulled the trigger in this specific instance.
_Other courtCHOPT Playlists:_
*Kevin Spacey Trial:* https://www.youtube.com/watch?v=swjOpNGojxk
