DECEMBER 3RD 2010

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

 

FOR THE COUNTY OF LOS ANGELES

 

DEPARTMENT 107 HON. MICHAEL E. PASTOR, JUDGE

 

 

THE PEOPLE OF THE STATE OF )

CALIFORNIA, )

)

PLAINTIFF, )

)

VS. ) NO. SA073164-01

)

CONRAD ROBERT MURRAY, )

)

DEFENDANT. )

)

___________________________________)

 

 

REPORTER’S TRANSCRIPT OF IN CAMERA PROCEEDINGS

 

DECEMBER 3, 2010

 

 

 

 

APPEARANCES:

 

FOR PEOPLE: STEVE COOLEY, DISTRICT ATTORNEY

BY: DAVID WALGREN, DEPUTY

DEBORAH BRAZIL, DEPUTY

210 WEST TEMPLE STREET

LOS ANGELES, CA 90012

 

FOR DEFENDANT: (VIA SPEAKER PHONE)

STRADLEY, CHERNOFF & ALFORD

BY: EDWARD M. CHERNOFF, ESQ.

COMMERCIAL BANK BUILDING

917 FRANKLIN, SUITE 600

HOUSTON, TEXAS 77002

 

 

 

 

 

 

REPORTED BY: MAVIS THEODOROU, CSR #2812

OFFICIAL REPORTER

 

 

 

 

 

 

 

 

 

1

 

 

1 CASE NO.: SA073164-01

 

2 CASE NAME: PEOPLE VS. CONRAD MURRAY

 

3 LOS ANGELES, CALIFORNIA FRIDAY, DECEMBER 3, 2010

 

4 DEPARTMENT 107 HON. MICHAEL E. PASTOR, JUDGE

 

5 REPORTER: MAVIS THEODOROU, CSR #2812

 

6 TIME: 12:10 P.M.

 

7 APPEARANCES:

 

8 DEFENDANT CONRAD ROBERT MURRAY, NOT

 

9 PRESENT; REPRESENTED BY EDWARD CHERNOFF,

 

10 ESQ. (VIA SPEAKER PHONE); PEOPLE REPRESENTED

 

11 BY DAVID WALGREN AND DEBORAH BRAZIL, DEPUTIES

 

12 DISTRICT ATTORNEY, FOR THE PEOPLE OF THE

 

13 STATE OF CALIFORNIA.

 

14

 

15 (PROCEEDINGS WERE HELD IN CAMERA AND

 

16 WERE NOT ORDERED SEALED BY THE COURT:)

 

17

 

18 THE COURT: WE ARE ON THE RECORD IN PEOPLE VERSUS

 

19 CONRAD MURRAY. WE ARE IN CHAMBERS AND MS. THEODOROU, THE

 

20 COURT REPORTER, IS TAKING DOWN WHAT IS BEING SAID. MS.

 

21 BRAZIL AND MR. WALGREN ARE PRESENT IN CHAMBERS.

 

22 MR. CHERNOFF, YOU ARE ON THE LINE FROM

 

23 HOUSTON? MR. CHERNOFF, CAN YOU HEAR ME?

 

24 MR. CHERNOFF: I CAN.

 

25 THE COURT: MR. CHERNOFF, YOU ARE APPEARING

 

26 TELEPHONICALLY AND YOU ARE IN HOUSTON?

 

27 MR. CHERNOFF: I AM, JUDGE.

 

28 THE COURT: OKAY. ARE ANY OF YOUR COLLEAGUES WITH

 

 

 

 

2

 

 

1 YOU, OR JUST YOU?

 

2 MR. CHERNOFF: NO. IT’S JUST ME.

 

3 THE COURT: WE ARE HERE, I BELIEVE, AS A STATUS

 

4 UPDATE; IS THAT CORRECT?

 

5 MR. WALGREN: YES. I THINK WE SET THIS DATE

 

6 SOMETIME AGO AS A GENERAL STATUS DATE, YOUR HONOR. I’M

 

7 PREPARED TO —

 

8 THE COURT: MR. CHERNOFF, IS IT OKAY IF I HEARD

 

9 FROM MR. WALGREN FIRST?

 

10 MR. CHERNOFF: OF COURSE.

 

11 THE COURT: GO AHEAD, MR. WALGREN. GOOD AFTERNOON.

 

12 MR. WALGREN: GOOD AFTERNOON, YOUR HONOR.

 

13 IN RECENT WEEKS, MS. BRAZIL AND I HAVE BEEN

 

14 TRYING TO KIND OF NARROW THE WITNESS LIST AND DEFINE OUR

 

15 WITNESS LIST. THAT IS AN ONGOING PROCESS WE ARE STILL

 

16 WORKING ON. I HAD AN OPPORTUNITY TO SPEAK TO MR.

 

17 CHERNOFF, I BELIEVE IT WAS — WAS THAT YESTERDAY OR THE

 

18 DAY BEFORE?

 

19 MR. CHERNOFF: I BELIEVE IT WAS THE DAY BEFORE,

 

20 DAVID.

 

21 MR. WALGREN: YES. WE WERE TALKING ABOUT GENERAL

 

22 SCHEDULING. I THINK AT THIS POINT, SINCE THAT

 

23 CONVERSATION, I HAVE TALKED TO MS. BRAZIL FURTHER. WE

 

24 ARE PROBABLY LOOKING AT A WITNESS LIST OF SOMEWHERE IN

 

25 THE RANGE OF PROBABLY ABOUT 35, BUT THIS IS AN ONGOING

 

26 PROCESS THAT WE HOPE TO FINE-TUNE IN THE NEXT COUPLE

 

27 WEEKS. MR. CHERNOFF AND I SPOKE BRIEFLY ABOUT THE

 

28 GENERAL WITNESSES WE WILL BE CALLING, AT LEAST CERTAINLY

 

 

 

 

3

 

 

1 THE GENERAL TOPIC AREAS, AND NUMBER OF WITNESSES WE WILL

 

2 BE CALLING.

 

3 I DID WANT TO ADDRESS WITH THE COURT, I HAVE

 

4 SPOKEN TO THE VICTIM’S FAMILY. I’VE ALSO SPOKEN TO MR.

 

5 CHERNOFF, AND I WANTED TO INQUIRE OF THE COURT REGARDING

 

6 THE COURT’S SCHEDULE.

 

7 WE ARE RUNNING INTO SOME SITUATIONS WHERE,

 

8 NUMBER ONE, THERE IS A COUPLE OUTSTANDING DISCOVERY

 

9 ISSUES THAT WE PLAN TO INTRODUCE AT THE PRELIMINARY

 

10 HEARING THAT WE DO NOT HAVE YET. MOST IMMEDIATELY WHAT

 

11 COMES TO MIND IS THERE IS AN ANALYSIS BEING DONE ON THE

 

12 I-PHONE, DR. MURRAY’S I-PHONE, THAT WE EXPECT TO PRODUCE

 

13 EVIDENCE THAT WE WILL INTRODUCE AT THE PRELIMINARY

 

14 HEARING. THAT IS BEING DONE BY D.E.A. AGENTS BACK EAST.

 

15 THAT IS STILL GOING TO BE AT LEAST A COUPLE MORE WEEKS.

 

16 THEN WE WOULD REQUIRE REVIEW BY THE SPECIAL MASTER BEFORE

 

17 WE WOULD GET IT AND BE ABLE TO TURN IT OVER TO THE

 

18 DEFENSE.

 

19 THERE IS ALSO SOME OUTSTANDING CELL RECORDS

 

20 THAT MR. CHERNOFF HAS REQUESTED. OUR POINT PERSON ON

 

21 THAT IS DETECTIVE MARTINEZ, AND HE HAS BEEN IN CHINA FOR

 

22 THE PAST MONTH AND RETURNS SOMETIME, I BELIEVE, SOMETIME

 

23 NEXT WEEK, I BELIEVE, TO THE MIDDLE OF THE WEEK. AND IT

 

24 WON’T BE THEN UNTIL WE KNOW THE STATUS OF THE CELL PHONE

 

25 RECORDS OR IF WE WILL TRY TO PURSUE THEM BY OTHER MEANS.

 

26 IN LIGHT OF THOSE CONCERNS, AND WE ARE HAVING

 

27 PROBLEMS — WE ANTICIPATE FURTHER PROBLEMS WITH THE

 

28 HOLIDAY SCHEDULE, GETTING ALL THE WITNESSES SUBPOENAED

 

 

 

 

4

 

 

1 AND INTO COURT. THE DATE WE SET WAS SO CLOSE TO THE

 

2 HOLIDAY PERIOD THAT THERE WOULD BE A PEOPLE’S SUGGESTION,

 

3 AND MR. CHERNOFF INDICATED IT WOULD BE FINE BY HIM, IF WE

 

4 COULD PUT THIS OUT A COUPLE WEEKS JUST TO GET OUT OF THAT

 

5 HOLIDAY PERIOD. I THINK IT WOULD END IN A MORE EFFICIENT

 

6 PRELIMINARY HEARING AND PROBABLY A QUICKER PRELIMINARY

 

7 HEARING WHERE WE WOULD HAVE MORE WITNESSES LINED UP AND

 

8 READY TO GO IS MY EXPECTATION.

 

9 BUT WITH THE WITNESSES WE ARE CALLING, WE ARE

 

10 CONCERNED ABOUT THE PROXIMITY TO THE HOLIDAY PERIOD AND

 

11 SO WE WOULD THINK IT WOULD BE MORE EFFICIENT TO MOVE IT

 

12 OUT A COUPLE WEEKS.

 

13 THE COURT: MR. CHERNOFF?

 

14 MR. CHERNOFF: ONE THING I MISSED. DID MR. WALGREN

 

15 SAY 35 WITNESSES?

 

16 MR. WALGREN: AS AN ESTIMATE, YES.

 

17 MR. CHERNOFF: OKAY.

 

18 MR. WALGREN: BUT THAT IS ONGOING.

 

19 MR. CHERNOFF: AS I TOLD MR. WALGREN, IT’S NOT MY

 

20 PARTY, BUT I’VE BEEN A PROSECUTOR AND I DON’T WANT TO BE

 

21 A HORSE’S REAR ON THIS ISSUE SO I’M NOT GOING TO MAKE

 

22 OBJECTION IF HE HAS SOME WITNESS ISSUES.

 

23 THE ONLY PROBLEM I HAVE IS THAT BECAUSE I’VE

 

24 BEEN TOLD IT IS GOING TO START JANUARY 4TH AND MY CLIENT

 

25 HAS BEEN TOLD THAT, WE HAVE HAD TO MAKE TRAVEL

 

26 ARRANGEMENTS TO DO THAT AND WE HAVE FINANCIAL CONCERNS

 

27 FROM THE DEFENSE SIDE. I HAVE A LEASE FOR THE MONTH OF

 

28 JANUARY IN CALIFORNIA. AND I HAVE PLANES ALREADY

 

 

 

 

5

 

 

1 SCHEDULED THAT I ASSUME I CAN GET SOME CREDIT FOR BUT I

 

2 DON’T KNOW HOW MUCH.

 

3 SO TO THAT EXTENT, YOU KNOW, THE ONLY THING I

 

4 WOULD LIKE IS TO GET SORT OF A BETTER IDEA ABOUT WHAT THE

 

5 TIME FRAME OF THIS HEARING WILL BE WITH 35 WITNESSES, AND

 

6 IS IT SOMETHING THAT WE CAN GET DONE IN JANUARY WHEN I

 

7 HAVE PAID FOR THAT MONTH TO LIVE IN CALIFORNIA FOR THIS

 

8 HEARING.

 

9 BUT OTHER THAN THAT, I SYMPATHIZE WITH MR.

 

10 WALGREN’S SITUATION. I’M SURE HE WOULD SYMPATHIZE WITH

 

11 ME IF I WAS IN THAT SITUATION. SO THAT IS MY VIEW OF IT.

 

12 THE COURT: WELL, MY VIEW OF IT IS WE START ON

 

13 JANUARY 4TH. I HAVE ADJUSTED MY SCHEDULE. I HAVE A LOAD

 

14 OF OTHER CASES, AND THEY HAVE BEEN POSTPONED AND DELAYED.

 

15 I CAN APPRECIATE THE FACT THAT THERE MAY BE

 

16 WITNESS AVAILABILITY ISSUES, BUT I THINK WHAT WE DO IS

 

17 WHAT WE CAN AS EARLY AS WE CAN. AND IF THERE HAVE TO BE

 

18 SOME BREAKS, WE HAVE THAT PREVIOUS WAIVER FROM DR. MURRAY

 

19 OF CONTINUOUS PRELIM FOR UP TO TEN DAYS.

 

20 MR. WALGREN, I HAVE A VERY REAL CONCERN IF I

 

21 PUT THIS OVER. IT IS GOING TO IMPACT TERRIBLY MY OTHER

 

22 CASES.

 

23 MR. WALGREN: I UNDERSTAND, YOUR HONOR.

 

24 THE COURT: AND AS MR. CHERNOFF ASKED, I DON’T KNOW

 

25 WHAT 35 WITNESSES MEANS IN TERMS OF TIME. WE TALKED

 

26 ABOUT AN APPROXIMATE ESTIMATE OF THREE WEEKS. I DON’T

 

27 KNOW IF THAT IS STILL REALISTIC IN VIEW OF YOUR WITNESS

 

28 ISSUES, BUT I HAVE TO START ON THE 4TH OF JANUARY. IF I

 

 

 

 

6

 

 

1 DON’T, I’M GOING TO GET INVOLVED IN OTHER CASES. I CAN’T

 

2 KEEP OPEN MY COURT. SO I THINK IT IS SOMETHING WE CAN

 

3 WORK AROUND, BUT COULD YOU GIVE ME ANY MORE OF A REFINED

 

4 IDEA OF YOUR TIME ESTIMATE?

 

5 MR. WALGREN: I WOULD LIKE TO THINK IT IS CLOSER TO

 

6 TWO WEEKS THAN THREE WEEKS. I’LL SAY THAT. OBVIOUSLY, I

 

7 HAVE NO ESTIMATE ON THE CROSS-EXAMINATION SO THAT IS WIDE

 

8 OPEN. BUT I WOULD THINK WE ARE LOOKING AT TWO WEEKS

 

9 RATHER THAN THREE.

 

10 THE COURT: MR. CHERNOFF?

 

11 MR. CHERNOFF: YOU ACTUALLY HAVE A LIST?

 

12 MR. WALGREN: NO.

 

13 THE COURT: OKAY.

 

14 MR. WALGREN: WE JUST TALKED GENERALLY.

 

15 THE COURT: YOU KNOW, I APPRECIATE WHAT YOU ARE

 

16 SAYING, MR. CHERNOFF. AND, QUITE FRANKLY, TRYING TO GET

 

17 MONEY BACK FOR TICKETS IS NOT GOING TO BE PRODUCTIVE. IT

 

18 IS NOT GOING TO WORK. I THINK WE START ON JANUARY 4TH.

 

19 ARE YOU GOING TO HAVE PEOPLE YOU CAN CALL IN?

 

20 MR. WALGREN: WE WILL MAKE EVERY EFFORT, YOUR

 

21 HONOR. THAT IS A ZERO OF THREE DATE, HOWEVER. I MEAN,

 

22 WE WOULDN’T WANT TO DO ANYTHING TO MAKE INCONVENIENCES

 

23 FOR THE COURT’S CALENDAR, BUT WE WOULD RESERVE THE RIGHT

 

24 TO TRAIL A COUPLE DAYS IF PEOPLE ARE IN A REAL JAM.

 

25 IMPORTANT WITNESSES WILL BE JUST RETURNING INTO TOWN. IT

 

26 IS REALLY SO CLOSE TO THE HOLIDAYS, IT CREATES A LOT OF

 

27 PROBLEMS. WE HAVE AIR FARE ISSUES, PEOPLE TRAVELING FOR

 

28 THE HOLIDAYS. IT IS GOING TO BE DIFFICULT. WE MIGHT

 

 

 

 

7

 

 

1 HAVE TO TRAIL WITHIN THAT PERIOD, BUT WE WILL CERTAINLY

 

2 MAKE IT HAPPEN.

 

3 THE COURT: OKAY.

 

4 MR. CHERNOFF: JUDGE, COULD YOU PARAPHRASE WHAT MR.

 

5 WALGREN SAID. I JUST COULDN’T HEAR HIM.

 

6 THE COURT: YOU KNOW WHAT. RATHER THAN PARAPHRASE,

 

7 I JUST THINK MR. WALGREN MAY WANT TO GET A LITTLE CLOSER

 

8 TO THE TELEPHONE AND REPEAT IT HIMSELF.

 

9 MR. CHERNOFF: I’M SORRY, DAVID. I HAD PEOPLE

 

10 WALKING OUTSIDE MY OFFICE AND WE HAVE WOOD FLOORS. I

 

11 COULDN’T HEAR YOU. COULD YOU TELL ME AGAIN WHAT YOU WERE

 

12 SAYING?

 

13 MR. WALGREN: YES. I WAS SAYING THAT JANUARY 4TH

 

14 DATE IS A ZERO OF THREE DATE. WE RESERVE THE RIGHT TO

 

15 TRAIL TO THE THIRD DAY, IF NEED BE. THAT IS NOT OUR

 

16 GOAL, NOT WHAT WE ARE SETTING OUT TO DO, BUT WE ARE IN A

 

17 REAL JAM WITH THE PROXIMITY TO THE HOLIDAYS AND PEOPLE’S

 

18 TRAVEL PLANS. WE MAY NEED THOSE DAYS TO INSURE PEOPLE

 

19 ARE BACK IN TOWN. IF IT IS NOT CONTINUED A COUPLE WEEKS,

 

20 I’M JUST SAYING I CAN’T GUARANTEE TODAY THAT WE WILL

 

21 ANNOUNCE READY ON THE ZERO OF THREE DAY.

 

22 MR. CHERNOFF: I UNDERSTAND WHAT YOU ARE SAYING.

 

23 THE COURT: FROM MY POINT, WE NEED SOME ADVANCE

 

24 NOTICE IF THAT IS GOING TO BE THE CASE, AND MR. WALGREN

 

25 AND MS. BRAZIL CERTAINLY KNOW THE PROVISIONS OF PENAL

 

26 CODE SECTION 1050 IF YOU WANT TO TRAIL WITHIN THAT

 

27 PERIOD.

 

28 WHAT I DON’T WANT TO HAPPEN IS WHAT I DON’T

 

 

 

 

8

 

 

1 THINK COUNSEL WANT TO HAPPEN. THAT IS, THAT WE COME HERE

 

2 ON THE 4TH OF JANUARY ONLY TO FIND OUT THAT NOTHING IS

 

3 GOING TO HAPPEN ON THAT DAY. SO IF THERE IS A 1050 FILED

 

4 AND WE HAVE TO TRAIL IT, WE LET EVERYBODY KNOW SO WE

 

5 DON’T GET INTO LOGISTICAL AND STRATEGIC ISSUES. THERE

 

6 ARE GOING TO BE A LOT OF PEOPLE HERE, I THINK, ON THAT

 

7 DAY.

 

8 MR. WALGREN: MAY I INQUIRE?

 

9 THE COURT: YES.

 

10 MR. WALGREN: WOULD IT HARM THE COURT’S CALENDAR IF

 

11 WE TRAIL IT TO ZERO OF THREE. THAT WOULD TAKE US TO

 

12 FRIDAY, THE 7TH. WHAT IF WE SET THAT MONDAY, THE 10TH,

 

13 AS THE START DATE? THAT IS REALLY JUST — WE SET THAT AS

 

14 ZERO OF TWO OR SOMETHING LIKE THAT, BUT WITH THE

 

15 UNDERSTANDING WE START ON THE 10TH, THAT MONDAY. THAT

 

16 WOULD GIVE US AN EXTRA WEEKEND TO GET PEOPLE INTO TOWN,

 

17 AND IT WOULD ONLY REALLY BE ONE ADDITIONAL DAY THAN WE

 

18 ARE ALREADY ENTITLED TO.

 

19 THE COURT: I THINK YOU HAVE TO FILE A 1050 SO IT

 

20 DOESN’T APPEAR AS THOUGH THIS COURT IS JUST SORT OF BLASE

 

21 ABOUT THE WHOLE THING, BUT WE STILL REQUIRE A TIME WAIVER

 

22 FROM DR. MURRAY TO GET TO THAT POINT. I DON’T HAVE A

 

23 PROBLEM GOING OVER THAT WEEK. I HAD ACTUALLY INTENDED TO

 

24 TAKE A COUPLE DAYS OFF AROUND M.L.K. WEEKEND, BUT THAT IS

 

25 NOT ALL THAT IMPORTANT FOR ME. I JUST WANT TO GET THIS

 

26 CASE GOING.

 

27 MR. WALGREN: IS THE COURT’S SCHEDULE SUCH THAT WE

 

28 ARE GOING TO BE HAVING FULL DAYS BACK-TO-BACK?

 

 

 

 

9

 

 

1 THE COURT: YES. THERE MAY BE DAYS WHEN I HAVE

 

2 SOME MOTIONS ON OTHER CASES, BUT I HAVE TRIED TO CLEAR

 

3 OFF AS MUCH TIME AS I CAN.

 

4 AND AS I POINTED OUT AT THE BEGINNING, I HAVE

 

5 TRIALS SET, INCLUDING TWO CAPITAL CASES, AND THEY ARE

 

6 ACTUALLY WAITING. AND I HAVE GOT OTHER CASES AS WELL,

 

7 VERY COMPLICATED CASES, AND THEY HAVE BEEN APPEARING IN

 

8 LAST WEEK OR SO. AND I’VE BEEN TELLING THESE DEFENDANTS

 

9 AND THESE COUNSEL THAT WE ARE GOING TO HAVE TO JUST KIND

 

10 OF WAIT UNTIL WE HAVE A BETTER IDEA AT THE BEGINNING OF

 

11 JANUARY. THAT IS WHY IT IS CRITICALLY IMPORTANT THAT I

 

12 GET GOING.

 

13 YOU KNOW, MR. WALGREN, I THINK IF IT IS GOING

 

14 TO BE THIS TYPE OF MOTION, YOU REALLY SHOULD FORMALIZE IT

 

15 SO IT IS OUT THERE AND COUNSEL AND THE PUBLIC UNDERSTAND

 

16 IT BECAUSE I REALLY WANT TO GET A MOVE ON THIS CASE.

 

17 I DON’T KNOW IF YOU DO WANT TO AT LEAST START

 

18 SOMETHING ON THE 4TH, BUT THAT IS GOING TO BE UP TO YOU.

 

19 MR. CHERNOFF, THIS WOULD MEAN I’D NEED TO

 

20 HAVE DR. MURRAY IN COURT — SEE, THAT IS THE THING — TO

 

21 GET A TIME WAIVER BECAUSE RIGHT NOW THE TIME WAIVER IS

 

22 ONLY THROUGH FRIDAY, THE 7TH.

 

23 MR. WALGREN: RIGHT. THE 4TH IS ZERO OF THREE, SO

 

24 IT WOULD BE FRIDAY, THE 7TH.

 

25 THE COURT: I KIND OF FEEL BAD ABOUT THAT, TOO. I

 

26 DON’T WANT PEOPLE JUST COMING DOWN HERE FOR THAT, BUT I’M

 

27 NOT SO SURE THERE IS ANY WAY AROUND IT.

 

28 MR. CHERNOFF: WELL, OF COURSE, WE JUST NEED SOME

 

 

 

 

10

 

 

1 SOLIDIFICATION HERE. BUT WHEN GIVEN THE OPPORTUNITY TO

 

2 CHOOSE BETWEEN FRIDAY AND MONDAY, I DON’T THINK DR.

 

3 MURRAY WILL HAVE A PROBLEM WITH ALLOWING THE START ON A

 

4 MONDAY. BUT WITH REGARD TO — I MEAN, IF IT IS GOING TO

 

5 BE PUSHED FROM THE 4TH TO THE 7TH ON A 1050 ANYWAY, I

 

6 DON’T THINK HE WILL HAVE A PROBLEM WITH IT. I GUESS WE

 

7 JUST NEED TO HAVE SOME CERTAINTY IN THAT REGARD, NUMBER

 

8 OF WITNESSES, WHEN WE CAN BE READY, HOW LONG IT WOULD

 

9 TAKE.

 

10 THE COURT: I’M LOSING SOME DAYS I WASN’T PLANNING

 

11 ON LOSING BECAUSE I THOUGHT I HAD MADE IT REALLY CLEAR I

 

12 WANTED IT TO BEGIN ON THE 4TH OF JANUARY.

 

13 MR. WALGREN: WE ARE STILL GOING TO AIM FOR THAT,

 

14 YOUR HONOR.

 

15 THE COURT: DO WE REGROUP IN ANOTHER WEEK OR SO AND

 

16 SEE IF WE CAN GET SOMETHING GOING ON THE 4TH, MR.

 

17 WALGREN? DO YOU THINK REALISTICALLY YOU WILL HAVE ANY

 

18 MORE INFORMATION ABOUT WITNESS SCHEDULING?

 

19 MR. WALGREN: IN TWO WEEKS, I SHOULD BE ABLE TO

 

20 GIVE A GOOD, FIRM ANSWER.

 

21 THE COURT: HOW ABOUT THAT, MR. CHERNOFF?

 

22 MR. CHERNOFF: YES, THAT IS FINE.

 

23 DAVID, DO YOU SUPPOSE, THOUGH, THAT YOU ARE

 

24 GOING TO GIVE ME SOONER IDEA ABOUT THE 35 WITNESSES?

 

25 NAMES?

 

26 MR. WALGREN: YES. I DIDN’T INTEND ON TYPING UP A

 

27 FORMAL WITNESS LIST.

 

28 MR. CHERNOFF: WE CAN DO IT BY PHONE. THAT IS NO

 

 

 

 

11

 

 

1 PROBLEM. I BELIEVE WE ARE SUPPOSED TO TALK ON WEDNESDAY

 

2 ANYWAY. DO YOU THINK WE CAN DO IT BY WEDNESDAY, TALK

 

3 ABOUT IT ON WEDNESDAY?

 

4 MR. WALGREN: WE COULD PROBABLY GIVE YOU A LITTLE

 

5 MORE DETAIL, BUT IT PROBABLY WOULDN’T BE UNTIL THE NEXT

 

6 WEEK. IT IS JUST AN ONGOING PROCESS OF TRYING TO WHITTLE

 

7 THE LIST DOWN AND TRYING TO MAKE THIS AS EFFICIENT AS

 

8 POSSIBLE.

 

9 THE COURT: SO DO WE PLAN ON HAVING A TELEPHONE

 

10 CONFERENCE TWO WEEKS FROM TODAY, WHICH WOULD BE THE 17TH

 

11 OF DECEMBER AT NOON AND HAVING A MUCH BETTER IDEA?

 

12 MR. CHERNOFF, HOW WOULD THAT BE FOR YOU?

 

13 MR. CHERNOFF: THAT WOULD BE FINE. BE FINE.

 

14 THE COURT: MS. BRAZIL, MR. WALGREN?

 

15 MR. WALGREN: I THINK THAT IS FINE.

 

16 MS. BRAZIL: YES, YOUR HONOR.

 

17 THE COURT: THAT IS THE PLAN. AND, YOU KNOW, I

 

18 THINK I’M COMFORTABLE IF YOU ARE, MR. CHERNOFF, WITH

 

19 HAVING DR. MURRAY APPEAR BY TELEPHONE IF HE KNOWS IT IS

 

20 ON THE RECORD. I DON’T WANT TO DRAG DR. MURRAY DOWN IN

 

21 COURT EITHER ON THE 17TH OR ON THE 4TH IF IT IS NOT GOING

 

22 TO GO ON THAT DAY. I THINK YOU HAVE BEEN SENSITIVE TO

 

23 THAT AS WELL.

 

24 MR. CHERNOFF: RIGHT, AND OKAY. I GUESS WE WILL

 

25 KNOW BY THE 17TH, THEN, IS WHAT I THINK I’M HEARING,

 

26 RIGHT?

 

27 MR. WALGREN: RIGHT.

 

28 THE COURT: I HOPE MR. WALGREN ACTUALLY WILL BE

 

 

 

 

12

 

 

1 ABLE TO CONTACT YOU BEFORE THAT SO IT WON’T COME AS A BIG

 

2 SURPRISE. FOR WHAT IT’S WORTH, AND IT MAY BE VERY

 

3 LITTLE, I VERY MUCH WANT THIS TO BEGIN ON THE 4TH EVEN IF

 

4 IT MEANS THAT WE MAY HAVE TO TAKE A DAY OR SO OFF. BUT

 

5 AT LEAST IF I CAN START ON THE 4TH, I’M NOT GOING TO GET

 

6 MYSELF IN A SCHEDULING ISSUE BECAUSE IF I’M HERE ON THE

 

7 3RD OF JANUARY, I’M GOING TO GET A TRIAL FOR A WEEK.

 

8 THERE IS NO WAY I CAN STAY OPEN. EVEN IF THEY SAY, “OH,

 

9 IT’S A THREE TO FOUR OR FIVE-DAY CASE,” WE ALL KNOW WHAT

 

10 CAN HAPPEN. AND I DON’T WANT TO BE IN AN EMBARRASSING

 

11 SITUATION WHERE I’M IN TRIAL AND IT IMPACTS THIS CASE.

 

12 THAT IS THE REALITY OF BEING IN A KIND OF A HEAVY VOLUME

 

13 ENVIRONMENT LIKE THE CRIMINAL COURT BUILDING.

 

14 SO PLEASE DO YOUR BEST, MR. WALGREN AND MS.

 

15 BRAZIL, TO SEE IF WE CAN AT LEAST BEGIN ON THE 4TH.

 

16 MR. WALGREN: WE WILL, YOUR HONOR, BUT I DO WANT TO

 

17 SAY PART OF OUR CONCERN —

 

18 MR. CHERNOFF: I’M SORRY, DAVID. GO AHEAD.

 

19 MR. WALGREN: WE ABSOLUTELY WILL MAKE EVERY EFFORT.

 

20 BUT PART OF OUR CONCERN HERE WAS TRYING TO GET MORE

 

21 BACK-TO-BACK DAYS, AND PART OF THAT CONCERN WAS FOR MR.

 

22 CHERNOFF WHO IS COMING OUT FROM HOUSTON.

 

23 SO I MEAN IF THE PREFERENCE IS TO START THAT

 

24 DAY WITH THE UNDERSTANDING WE MAY NEED TO TAKE A COUPLE

 

25 DAYS OFF, THAT IS FINE. WE ARE GOING TO MAKE EFFORTS TO

 

26 START ON THE DAY THE COURT HAS DESIGNATED.

 

27 THE COURT: MR. CHERNOFF, WHY DON’T YOU TALK TO MR.

 

28 WALGREN AND MS. BRAZIL ABOUT VARIOUS PREFERENCES, NONE OF

 

 

 

 

13

 

 

1 WHICH MAY BE ALL THAT WONDERFUL, BUT I CERTAINLY HAVE

 

2 HEARD WHAT YOU HAVE SAID ABOUT YOUR SCHEDULING AND THE

 

3 FINANCIAL DEMANDS AND I’M CERTAINLY SENSITIVE TO THAT.

 

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1 (AN EX PARTE HEARING, PAGES 15-22,

 

2 HAS BEEN PREPARED UNDER SEPARATE COVER,

 

3 BY ORDER OF THE COURT; SAID TRANSCRIPT

 

4 HAS BEEN LODGED WITH THE CLERK IN A

 

5 SEALED ENVELOPE MARKED CONFIDENTIAL – MAY

 

6 NOT BE EXAMINED WITHOUT A COURT ORDER.)

 

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