Monday, February 14, 2011

Is Anyone Ready?

Feb 7th was suppose to have been an evidentiary hearing for the Conrad Murray trial however neither the prosecution nor defense was prepared with any evidence. Also, at the opening of the evidentiary hearing judge Pastor rescheduled the calendar date for trial proceedings to begin from the 28th of March to the 24th of March .

Mr. Chernoff, Murray’s attorney told judge Pastor that his team did not know what the prosecution was going to present stating they had over fifty witnesses, saying that was a “phantom” and they were in need of “a real witness list” and wanted more specifics and not just a resuscitation of every person the police spoke to. Chernoff said the defense is working on their witness list and experts but it’s hard to frame a list without knowing what they are facing. The prosecution countered by saying they’d presented 72 CD’s, DVD’s and 8000 pages asserting the defense should know, whereas the prosecution claimed to have received “nothing” from the defense. Mr. Chernoff seemed to be on edge as he was rocking in his chair at this point wiping his face and looking stressed. Judge Pastor asked if defense wanted to be heard and Chernoff said no.

Judge Pastor went on to permit cameras into the courtroom as requested by the media with some restrictions. He had no opposition from either side of counsel save defense request per it not be on jury selection. Pastor stated he wanted the most unobtrusive filming to be conducted and referenced some of the hidden cameras on other floors within the building.

Judge Pastor is expecting to screen 100-120 jurors a day based on hardship, willingness and ability to serve. It seems jurors will be given a questionnaire from the court to fill out while in the building and answers can then be swiftly reviewed by attorneys. The prosecution and defense should then be allowed to ask potential jurors ten questions each to aide them in making their selections.

Since no evidence was given on the 7th the judge directed the prosecution to present their evidence to the defense by Friday, Feb. 11th and the defense by Tuesday, Feb. 15th by 1:30 p.m. which is the date for the next calendar hearing.
Judge Pastor informed counsel that he did not want any surprises and there was some dispute as to a cut off time when defense can present evidence. Judge Pastor had originally given Chernoff 30 days before trial to present evidence in which Chernoff had agreed to comply but due to the trial date having moved closer Pastor inquired on having their next hearing on the 23rd. The prosecution informed Judge Pastor he’d be gone that whole week whereas Chernoff reiterated he would follow court orders but not based on prosecution's schedule. Pastor stated they should look to the 15th for at least some of the discover and that he wanted to do something on or about the 30th day which would be the absolute last day of discovery.

Before the day ended Chernoff requested a sidebar whereas judge Pastor informed him they were still on record and allowed sidebar to proceed. Before recessing judge Pastor sternly informed counsel the case would be tried on evidence in the courtroom not on interviews in the hallways or blog posts however he did not elaborate on what he meant by such an obscure statement.

Rather than the evidentiary hearing producing evidence by either party it seems it simply left it evident that perhaps neither party is ready.
 

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