In Session Koch: “We also have Dr. Baden’s motion, which I think we are ready to address.” Greenberg: “The motion is a discovery motion in many respects . . . the fact is we’ve got evidence that Dr. Baden formed his opinion before he ever did any autopsy; that is what Mark Furhman, of all people, said on TV the other day. Judge White said the prosecution was supposed to look into Dr. Baden’s interaction with FOX, and how that all came about. My understanding is he was paid to do this autopsy for FOX . . . at the risk of dispelling the notion that they are absolutely fair and balanced, my understanding is that a producer will say ‘We are doing a show about this, and we need somebody to take this angle.’ That seems to be what happened in this case.” In short, Greenberg is afraid that Dr. Blum’s findings might have been influenced by Dr. Baden.
In Session Colleen Griffin responds for the State. “I don’t know of any case where somebody’s been barred from testifying because they might be subject to cross-examination . . . additionally, just out of fairness, we believe two of the proposed experts that the defendant is going to have testify can be impeached by prior statements they have made . . . I just don’t think there’s any legal basis whatsoever for this motion, and we ask that it be denied.”