The defense anticipates Golden will be called upon to testify the cause of death, the manner in which the wounds were inflicted, and how the autopsy examination results might aid in determining the time of death. The defense argues that it is entitled to fully examine Golden's professional competence and his credibility. The prosecution argues that it is entitled to fully examine Golden's professional competence and credibility. The prosecution adds that Evidence Code Section 352 should be invoke to preclude such cross examination of Golden because the probative value is severely diminished by the passage of time, the apples and oranges aspect of comparing gunshot wounds to knife wounds and the these are two incidents out of approximately 6,000 autopsy examinations conducted by Golden over a fifteen year career, The prosecution adds that if the court allows such cross examination, the prosecution will be compelled to bring in the 6,000 plus other cases where no errors were noted. In the two instances where it is alleged that Golden made mistakes, those mistakes were documented by addenda to the original medical examiner's report.
Mistakes do, however, go to professional competence.
In balancing the right of an adverse party to fully cross examine an expert witness versus the very limited value of two later corrected mistakes made five years ago, the balance in this situation tips in favor to the right to fully cross examine. The clerk of the court is directed to serve a copy of this ruling upon the parties immediately by facsimile and upon their appearance in court 11 April 1995.