P V CM APRIL 7TH 2011

 

APPEARANCES: DEFENDANT CONRAD ROBERT MURRAY, PRESENT IN COURT AND BEING REPRESENTED BY EDWARD M. CHERNOFF, J. MICHAEL FLANAGAN, AND NAREG GOURJIAN, PRIVATELY RETAINED COUNSEL;

 

DEPUTY DISTRICT ATTORNEYS,   DAVID WALGREN AND DEBORAH BRAZIL,

 

(THE FOLLOWING PROCEEDINGS WERE HELD OUTSIDE THE PRESENCE OF THE JURY:)

JUROR QUESTIONNAIRE

 

THE COURT:   ON THE MURRAY CASE, WE HAVE COUNSEL. ARE DEFENSE COUNSEL IN THE BACK?

 

THE BAILIFF:   YES, YOUR HONOR.

 

THE COURT:   PEOPLE’S COUNSEL ARE HERE. THERE IS A REAL BRIEF MATTER I WOULD LIKE TO ADDRESS IN CHAMBERS REAL QUICKLY, IF WE MIGHT.

 

THE BAILIFF:   YES, YOUR HONOR.

 

THE COURT:   OKAY.   JUST A FEW MOMENTS, LADIES AND GENTLEMEN. THANK YOU.

 

 (THE FOLLOWING PROCEEDINGS WERE HELD IN CHAMBERS:)

 

 

 (THE IN CAMERA HEARING, PAGES 1204 HAS BEEN PREPARED UNDER SEPARATE COVER BY ORDER OF THE COURT; SAID TRANSCRIPT HAS BEEN LODGED WITH THE CLERK IN A SEALED ENVELOPE MARKED CONFIDENTIAL – MAY NOT BE EXAMINED WITHOUT A COURT ORDER.)

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(THE SEALED PROCEEDINGS CONCLUDED.)

 

                   

(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

 

THE COURT:   ON THE CONRAD MURRAY CASE, HE IS OUT OF THE ROOM FOR A MOMENT.   DEFENSE COUNSEL ARE PRESENT. PEOPLE’S COUNSEL ARE PRESENT, AND THE PUBLIC IS PRESENT. I JUST WANTED TO INDICATE, COUNSEL AND I WENT INTO CHAMBERS SO THAT I CAN LET THEM KNOW WE ARE RUNNING BEHIND IN TERMS OF JURY PROCESSING THIS MORNING. JURY SERVICES ADMINISTRATION ARE HAVING A LITTLE DIFFICULTY PROCESSING THE JURORS BECAUSE THERE WAS A PROBLEM WITH THE MESSAGE CALLING IN THE JURORS LAST NIGHT. SO THEY ARE ENDEAVORING TO DO IT AS QUICKLY AS POSSIBLE.   I THINK WE ARE RUNNING ABOUT A HALF AN HOUR BEHIND, AND I HAVEN’T EVEN DONE THE INTRO TO THE JURORS YET.   SO STAND BY.   AND AS SOON AS THEY ARE READY, WE WILL GO TO THE NEXT STAGE.   I AM SORRY FOR THE INCONVENIENCE.

 

 

(THE PROCEEDINGS RECESSED.)

 

MS. BRAZIL:   BACK ON THE RECORD BRIEFLY IN THE MURRAY MATTER. I WOULD LIKE TO MAKE A RECORD THAT I AM RETURNING THE S.D.T. ENVELOPE THAT I TOOK CUSTODY OF YESTERDAY.   IT’S THE 911 TAPE FROM BEVERLY HILLS POLICE DEPARTMENT.   I AM RETURNING IT TO THE COURT CLERK.

 

THE COURT:   OKAY.   WHAT ABOUT THE DEFENSE S.D.T?

 

MR. CHERNOFF:   I THINK WE HAVE IT IN HERE, JUDGE. WE WILL RETURN IT.   I JUST GOT TO LOOK.

 

THE COURT:   ALL RIGHT. FOR THE RECORD.   WHEN THAT HAPPENS, YOU CAN LET US KNOW. AND THE PEOPLE WANT TO BE EXCUSED FOR LITTLE BIT, AND THAT IS PERFECTLY OKAY.

 

MR. WALGREN:   THANK YOU.

 

MS. BRAZIL:   THANK YOU.

 

THE COURT:   OKAY.

 

(THE PROCEEDINGS RECESSED.)

 

(THE PROCEEDINGS RESUMED AT 9:17 A.M.)

 

 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE PRESENCE OF THE PROSPECTIVE JURORS ON THE 5TH FLOOR JURY ASSEMBLY ROOM:)

 

THE COURT:   LET ME CALL THE CASE OF THE PEOPLE OF THE STATE OF CALIFORNIA VERSUS CONRAD ROBERT MURRAY, S.A. 07/31/64.   DOCTOR MURRAY IS PRESENT IN COURT WITH HIS COUNSEL.   THE PEOPLE ARE REPRESENTED BY THEIR COUNSEL. DEPARTMENT 107 IS CONDUCTING ITS SESSION ON THE FIFTH FLOOR JURY ASSEMBLY ROOM OF THE CLARA SHORTRIDGE FOLTZ JUSTICE CENTER IN DOWNTOWN LOS ANGELES.   THIS IS AN OPEN PUBLIC COURTROOM.   WE HAVE A SIGNIFICANT NUMBER OF PERSPECTIVE JURORS AS WELL AS MEMBERS OF THE PUBLIC, INCLUDING MEMBERS OF THE MEDIA.   WE HAVE A CLOSE CIRCUIT TELEVISION HOOKUP. LADIES AND GENTLEMEN, THE CLOSE CIRCUIT TV IS SIMPLY THAT, CLOSE CIRCUIT.   IT’S NOT BEING BROADCAST ANYWHERE.   JUST FOR YOUR CONVENIENCE.   I AM NOT THAT ALL PHOTOGENIC.   YOU DON’T NEED TO LOOK AT THE HIGH DEF. PROBABLY JUST STICK WITH THE IN-PERSON REVIEW. LADIES AND GENTLEMEN, IN A FEW MOMENTS, MR. PORFIRIO RODRIGUEZ WHO IS THE COURT CLERK AND JUDICIAL ASSISTANT IN DEPARTMENT 107 IS GOING TO BE ADMINISTERING TO EACH OF THE PERSPECTIVE JURORS A JUROR OATH.   PLEASE LISTEN CAREFULLY TO THE TERMS AND WORDS OF THIS OATH. ONCE YOU ACCEPT THIS OATH, ANY ANSWERS THAT YOU PROVIDE TO US DURING THE ENTIRETY OF THIS CASE ARE PROVIDED UNDER PAIN AND PENALTY OF PERJURY.   THESE AREN’T JUST BALD BARE WORDS.   THEY HAVE SIGNIFICANT MEANING.   SO LISTEN CAREFULLY TO THEM. THANK YOU. MR. RODRIGUEZ, WOULD YOU ADMINISTER TO THE JURORS THE JUROR OATH.

 

THE CLERK:   YES, YOUR HONOR. ALL PROSPECTIVE JURORS, PLEASE RISE.   RAISE YOUR RIGHT HAND. DO YOU AND EACH OF YOU UNDERSTAND AND AGREE THAT YOU WILL ACCURATELY AND TRUTHFULLY ANSWER UNDER PENALTY OF PERJURY ALL QUESTIONS PROPOUNDED TO YOU CONCERNING YOUR QUALIFICATIONS AND COMPETENCY TO SERVE AS A TRIAL JUROR IN THE MATTER PENDING BEFORE THIS COURT AND THAT FAILURE TO DO SO MAY SUBJECT YOU TO CRIMINAL PROSECUTION? YOU MAY ANSWER I DO.

 

 

 

 

(THE PROSPECTIVE JURORS RESPONDED I DO.)

 

                    THE CLERK:   THANK YOU. NOW PLEASE BE SEATED.

 

 

THE COURT:   THANK YOU, MR. RODRIGUEZ. GOOD MORNING. LADIES AND GENTLEMEN, EVERY MORNING IN LOS ANGELES COUNTY A SUPERIOR COURT JUDGE OR COMMISSIONER DELIVERS AN ORIENTATION TO THE PERSPECTIVE JURORS.   I CAME DOWN HERE THIS MORNING WITH OUR FAMILY FROM DEPARTMENT 107 READY TO DO THAT.   BUT APPARENTLY, THERE WAS A LITTLE LOGISTICAL PROBLEM.   SOME OF YOU MAY HAVE SEEN US, AND WE GOT THROWN OUT.   SO I DO WANT TO TAKE A MOMENT TO THANK YOU FOR YOUR JURY SERVICE. I KNOW HISTORICALLY WE DON’T SEE JURORS LINING UP READY TO SERVE ON CASES.   YOU ARE BUSY, IMPORTANT PEOPLE.   YOU HAVE GOT ALL SORTS OF RESPONSIBILITIES TO YOUR JOBS, YOUR PROFESSIONS, AND YOUR FAMILIES.   AND THERE ARE PROBABLY INFINITELY OTHER PLACES YOU’D RATHER BE THAN HERE. AND YOU GOT PUT ON JURY CALL ON SUNDAY, AND YOU CALLED IN SUNDAY NIGHT AND GOT THE GOOD WORD.   AND YOU CALLED IN MONDAY AND GOT THE GOOD WORD; CALLED IN TUESDAY AND GOT THE GOOD WORD.   SOME OF YOU ARE SMILING BECAUSE YOU MIGHT HAVE FELT EMPOWERED AT THAT POINT IN TIME BECAUSE YOU SKATED.   AND YOU CALLED IN YESTERDAY, AND YOU GOT THE WORD YOU HAD TO COME YESTERDAY.   I CAN SEE BY YOUR

 

FACES YOU ARE SMILING. JURY SERVICE USUALLY ISN’T AT THE TOP OF YOUR AGENDA BECAUSE OF YOUR RESPONSIBILITIES, AND THESE ARE TOUGH ECONOMIC TIMES.   SO WE ALL RECOGNIZE THAT, AND WE REALLY DO GENUINELY THANK EACH OF YOU FOR YOUR WILLINGNESS TO SERVE. JURY SERVICE IS AN OBLIGATION OF CITIZENSHIP.   A LOT OF US TAKE VERY HANDILY EVERYTHING THAT THIS COUNTRY HAS TO OFFER US.   IT OFFERS US VALUES. IT OFFERS US OPPORTUNITIES.   WE COME HERE FROM DISTANT LANDS TO TAKE ADVANTAGE OF THOSE OPPORTUNITIES, AND WE STAY HERE IF WE WERE BORN HERE FOR THAT SAME REASON. BUT WHEN IT COMES TIME TO MAKE A SACRIFICE, A LOT OF US FORGET THAT THERE ARE OBLIGATIONS OF CITIZENSHIP AND LIVING IN THIS COUNTRY WHICH IS THE GREATEST COUNTRY IN THE WORLD. DO WE HAVE OUR PROBLEMS?   UNDOUBTEDLY.   DO WE HAVE FLAWS?   NO QUESTION ABOUT IT.   BUT FOR MANY, IT’S STILL THE LAND OF UNBRIDLED OPPORTUNITY, AND THAT SHOULD GUIDE US. WE ALSO SHOULD UNDERSTAND THAT JURY DUTY IS AN OBLIGATION OF CITIZENSHIP.   AND THERE ARE YOUNG MEN AND YOUNG WOMEN RIGHT NOW ALL AROUND THIS WORLD SERVING US.   I THINK IF GIVEN THE CHOICE, THEY’D RATHER BE ON JURY DUTY. SO WE AGAIN THANK YOU FOR YOUR WILLINGNESS TO SERVE. THIS IS THE CASE OF THE PEOPLE OF THE STATE OF CALIFORNIA VERSUS CONRAD ROBERT MURRAY, CASE S.A. 07/31/64.   IN THIS CASE, THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE PLAINTIFF, AND THEY HAVE CHARGED THE DEFENDANT CONRAD ROBERT MURRAY WITH A VIOLATION OF PENAL CODE SECTION 192 SUBDIVISION B, INVOLUNTARY MANSLAUGHTER, ON THE DATE OF JUNE 25, 2009, THE ALLEGED VICTIM MICHAEL JOSEPH JACKSON.

 

THIS CASE INVOLVES THE PROSECUTION INSTITUTED BY THE PEOPLE AS TO DOCTOR MURRAY FOR THE DEATH OF THE ENTERTAINER MICHAEL JACKSON. LADIES AND GENTLEMEN, BY A SHOW OF HANDS, WHO AMONG YOU HAS NEVER HEARD ANYTHING ABOUT THIS CASE? IF YOU HAVE NOT HEARD ANYTHING ABOUT THIS CASE, PLEASE RAISE YOUR HAND?

 

THE BAILIFF:   NONE ON THIS SIDE, YOUR HONOR.

 

THE COURT:   NO ONE.   OKAY. LADIES AND GENTLEMEN, WE DO NOT EXPECT THAT YOU WERE JUST DROPPED ON THIS PLANET FROM PLUTO.   SO THIS IS A CASE THAT HAS RECEIVED A LOT OF ATTENTION. WE ARE CONDUCTING COURT IN THE JURY ASSEMBLY ROOM FOR YOUR CONVENIENCE AND TO AVOID YOUR HAVING TO TROOP THROUGH THE HALLWAYS AND UNDERGO A LOT OF UNNECESSARY FREQUENT FLYER MILEAGE.   SO THIS IS ACTUALLY A COURT SESSION.   MEMBERS OF THE PUBLIC ARE PRESENT. AND WE ARE CONDUCTING IT HERE FOR YOUR EASE AND CONVENIENCE.   AND THEN FURTHER PROCEEDINGS ARE GOING TO BE CONDUCTED IN DEPARTMENT 107 OF THE SUPERIOR COURT IN OUR USUAL HOME WHICH IS ON THE 9TH FLOOR OF THIS BUILDING.

 

LET ME INTRODUCE TO YOU THE PARTICIPANTS IN THIS CASE, IF I MAY.   THE DEFENDANT IN THIS CASE IS DOCTOR CONRAD ROBERT MURRAY. DOCTOR MURRAY, WOULD YOU STAND, PLEASE. DEFENDANT

 

MURRAY:   GOOD MORNING, LADIES AND GENTLEMEN.

 

THE COURT:   DOCTOR MURRAY IS REPRESENTED BY THREE COUNSEL.   FIRST OF ALL, MR. EDWARD CHERNOFF. MR. CHERNOFF.

 

MR. CHERNOFF:   GOOD MORNING.

THE COURT:   MR. J. MICHAEL FLANAGAN.

MR. FLANAGAN:   GOOD MORNING.

THE COURT:   MR. NAREG GOURJIAN.

MR. GOURJIAN:   GOOD MORNING.

 

THE COURT:   THANK YOU, GENTLEMEN.   YOU MAY BE SEATED. THE PEOPLE OF THE STATE OF CALIFORNIA, AS THE PLAINTIFF, ARE REPRESENTED BY DEPUTY DISTRICT ATTORNEYS, DEPUTY DISTRICT ATTORNEY MR. DAVID WALGREN.

 

MR. WALGREN:   GOOD MORNING.

 

THE COURT:   AND DEPUTY DISTRICT ATTORNEY MISS DEBORAH BRAZIL.

 

MS. BRAZIL:   GOOD MORNING.

 

THE COURT:   THANK YOU. LADIES AND GENTLEMEN, THIS CASE IS A CRIMINAL CASE.   AND WE ARE BEGINNING WITH YOU IN TERMS OF WHAT’S CALLED VOIR DIRE.   VOIR DIRE IS THE QUESTIONING OF JURORS. AS I INDICATED BEFORE AND I AM GOING TO REITERATE, ANY QUESTIONS THAT YOU PROVIDE TO US DURING THE ENTIRETY OF THIS CASE, AS IT’S PENDING BEFORE US WHETHER ORALLY OR IN WRITING, ARE PROVIDED UNDER PAIN AND PENALTY OF PERJURY.   AND THAT ALWAYS SHOULD GUIDE YOU. LET ME INDICATE SOME INFORMATION ABOUT THIS. WE ARE IN THE MIDSTS OF .   THIS CASE IS GOING TO TAKE APPROXIMATELY 2 MONTHS, AND IT IS GOING TO RESUME ON THE 4TH OF MAY 2009. WHAT WE ARE GOING TO BE DOING TODAY IS WE ARE GOING TO BE PROVIDING YOU WITH SOME OPPORTUNITIES TO SHARE SOME INFORMATION WITH US.   THE FIRST INFORMATION WE WOULD BE ASKING YOU TO SHARE WITH US PROVIDED UNDER PAIN AND PENALTY OF PERJURY IS WHETHER YOU ARE ABLE TO SERVE ON THIS CASE DURING THE TIME PERIOD INDICATED. AND WHAT WE ARE GOING TO DO IS WE ARE GOING TO HAVE THE QUESTIONING PROCESS TODAY.   AND FOR THOSE JURORS WHO ARE ABLE TO SERVE, THOSE JURORS WILL BE PROVIDED WITH A QUESTIONNAIRE WHICH THEY WILL FILL OUT IN THIS ROOM TODAY AND THEN BE EXCUSED UNTIL MAY 4, 2009. SO ONCE YOU HAVE COMPLETED THE QUESTIONNAIRE, YOU WILL BE EXCUSED AND ORDERED TO COME BACK TO DEPARTMENT 30, I BELIEVE, NEXT DOOR.   THE JURY SERVICES PEOPLE WILL HAVE THAT INFORMATION FOR YOU.   ON MAY 4, 2009, FOR THE RESUMPTION OF IN THE COURT.

 

THE ACTUAL CASE IN TERMS OF THE PRESENTATION OF EVIDENCE WILL BEGIN ON MONDAY, MAY 9, 2011.   SO YOU WOULD BE COMING BACK ON MAY 4, 2011.   WE WOULD COMPLETE THE PROCESS, AND THE PRESENTATION OF EVIDENCE WOULD BEGIN THE FOLLOWING MONDAY WHICH IS MAY 9, 2011. THE TIME ESTIMATE ON THIS CASE IS THROUGH   THE VERY END OF JUNE.   SO WE ARE SAYING JULY 1, 2011. IT’S A LONG CASE.   YOU WILL BE COMING BACK ON MAY 4 FOR A DAY OR SO OF COMPLETION OF JURY QUESTIONING.   THE EVIDENCE WOULD BEGIN ON MAY 9.   AND THE EVIDENCE IS GOING TO TAKE APPROXIMATELY 8 WEEKS THROUGH APPROXIMATELY THE 1ST OF JULY 2011 WHICH IS THE FRIDAY RIGHT BEFORE LABOR DAY. SO ONCE AGAIN, SO I MAKE IT REALLY CLEAR, WE COME BACK, IF YOU ARE ABLE TO SERVE, ON MAY 4.   IF YOU ARE CHOSEN AS A JUROR IN THE CASE, YOU WOULD BEGIN HEARING AND SEEING EVIDENCE ON MAY 9 WITH A TIME ESTIMATE IN THIS CASE THROUGH THE 1ST OF JULY 2011. THE FIRST STAGE OF THE PROCEEDINGS, AS I INDICATED IS GOING TO BE YOUR FILLING OUT A VERY SIMPLE FORM AS TO WHETHER YOU ARE ABLE TO SERVE ON THE CASE DURING THE TIME PERIOD INDICATED.   TODAY, COMING BACK MAY 4, THEN AGAIN ON MAY 9 THROUGH THE 1ST OF JULY.

 

IF YOU ARE ABLE TO SERVE, THERE’S A BIG BOLD CHECKMARK BOX.   ALL YOU PUT IS A YES.   YOU CHECK THE YES THAT YOU ARE ABLE TO SERVE.   YOU CAN STOP RIGHT THEN.   AND IN TERMS OF FILLING OUT THAT, OF THE FORM, YOU HAVE TO SIGN THE LAST PAGE UNDER PENALTY OF PERJURY.   AND THAT’S ALL YOU HAVE TO DO IF YOU ARE ABLE TO SERVE DURING THAT TIME PERIOD. IF YOU WOULD BE CLAIMING AN EXTREME HARDSHIP IN SERVING ON THE CASE DURING THAT TIMEFRAME, FINANCIAL HARDSHIP, BUSINESS, TEACHING, STUDENT, VACATIONS, BUSINESS WISE, TRAVEL PLANS, ET CETERA, OR SOME OTHER EXTREME HARDSHIP THAT IS PERSONAL TO YOU, THERE ARE VARIOUS PORTIONS OF THAT LITTLE QUESTIONNAIRE WHERE YOU CAN INDICATE THE REASON WHY YOU ARE CLAIMING A HARDSHIP. IF IT’S FINANCIAL, YOU CHECK THAT.   AND YOU INDICATE THE BASIS FOR FINANCIAL HARDSHIP IN TERMS OF INCOME, SUPPORT, ET CETERA. IF IT’S MEDICAL, YOU CAN PUT THAT IN THERE. IF IT’S A PREPLANNED BUSINESS TRIP OR A VACATION, YOU CAN PUT THAT IN THERE.   IF YOU ARE A STUDENT OR TEACHER AND HAVE THAT RESPONSIBILITY, YOU PUT THAT IN THERE AS WELL. ONCE WE GET ALL OF THOSE SIGNED QUESTIONNAIRES, THEY ALL HAVE TO BE SIGNED UNDER PENALTY OF PERJURY AS WELL.   IF YOU ARE CLAIMING A HARDSHIP, YOU ARE MAKING THOSE REPRESENTATIONS UNDER PENALTY OF PERJURY.

 

ONCE THOSE ARE COMPLETED, THOSE RESPONSES ARE DELIVERED TO ME AND THE ATTORNEYS.   WE GO THROUGH THEM, AND WE’LL BE MAKING A DETERMINATION OF THOSE JURORS WHO ARE AND ARE NOT GOING TO CONTINUE SERVING ON THE CASE. FOR THOSE JURORS WHO ARE NOT GOING TO CONTINUE TO SERVE ON THE CASE, THOSE JURORS WILL BE EXCUSED IN THIS FACILITY, NOT IN THIS PARTICULAR ROOM, BUT WILL REMAIN IN THE FOLTZ CRIMINAL JUSTICE CENTER.   AND YOU WILL BE GOING TO A DIFFERENT FLOOR TO PERHAPS GO ON OUT ON OTHER CASES THAT ARE SET FOR TODAY AS WELL.   JUROR SERVICES AREN’T OVER.   JUST ON THIS PARTICULAR CASE. FOR THOSE JURORS WHO ARE GOING TO REMAIN AS JURORS IN THIS CASE, YOU WILL BE GIVEN THAT QUESTIONNAIRE WHICH IS A DETAILED QUESTIONNAIRE WHICH YOU WILL FILL OUT IN HERE. A COUPLE THINGS ABOUT THE QUESTIONNAIRE.   IT IS A PUBLIC DOCUMENT.   YOUR QUESTIONS AND THE ANSWERS ARE PUBLIC.   YOUR IDENTITIES ARE CONFIDENTIAL AND ANONYMOUS. YOU WILL BE SIGNING THE QUESTIONNAIRE ON THE LAST PAGE UNDER PENALTY OF PERJURY BY PUTTING YOUR SIGNATURE.   THAT IS REMOVED FROM THE PUBLIC DOCUMENT.   YOUR NAMES AND IDENTITIES ARE NOT A MATTER OF PUBLIC RECORD.

 

THE PARTIES, THE ATTORNEYS, THE PUBLIC DOES NOT KNOW WHO YOU ARE.   THAT INFORMATION IS KEPT CONFIDENTIAL.   THAT IS WHY WE WANT YOU TO BE AS OPEN AND AS CANDID AS POSSIBLE ON THIS QUESTIONNAIRE. FILLING OUT THE QUESTIONNAIRE IN THIS WAY MAKES THINGS GO A LOT EASIER WHEN IT COMES TIME TO THE VERBAL QUESTIONING IN THE COURTROOM.   IT MAKES IT GO MUCH QUICKER, AND IT’S MUCH MORE COMPLETE BECAUSE WE HAVE THE WRITTEN ANSWERS AND DON’T HAVE TO RE-ASK EVERY SINGLE THING. SO PLEASE, IF YOU ARE GOING TO COMPLETE THE QUESTIONNAIRE, APPROACH IT WITH THE DEDICATION THAT YOU SHOULD.   THINK ABOUT THE QUESTIONS.   THINK ABOUT YOUR ANSWERS AND BE COMPLETE ABOUT THEM. IF THERE IS SOMETHING YOU DON’T UNDERSTAND, PUT A LITTLE QUESTION MARK, AND WE’LL FOLLOW UP ON IT.   IF THERE IS SOMETHING PARTICULARLY SENSITIVE TO YOU, YOU CAN MARK THE ANSWER CONFIDENTIAL. NOW IT TAKES A LOT OF TIME WHEN YOU DO THAT BECAUSE WHAT WE DO THEN IS WE HAVE TO ASK YOU IN THE OPEN

 

COURTROOM TO APPROACH THE SIDEBAR, AND WE ADDRESS THAT AT THE SIDE.   AND WE ARE GOING TO GET THE INFORMATION AT THAT POINT IN ANY CASE. BUT I WANT TO LET YOU KNOW THAT IF THERE IS SOMETHING PARTICULARLY CONFIDENTIAL, WE STILL NEED TO KNOW ABOUT IT.   WE WILL JUST FIND OUT ABOUT IT AT A LATER POINT IN TIME. I WANT TO STRESS TO YOU THE TWO THINGS:   THE DOCUMENT IS A PUBLIC DOCUMENT, BUT IT’S FILLED OUT CONFIDENTIALLY AND ANONYMOUSLY SO YOUR IDENTIFYING INFORMATION IS NOT A MATTER OF PUBLIC RECORD.   YOU ARE IDENTIFIED BY A NUMBER. WHAT WE DO IS WHEN IT COMES TIME TO ORDER JURORS TO COME INTO COURT, WE RANDOMIZE THE JURY POOL.   WE HAVE HAD TWO OTHER JURY POOLS ON DIFFERENT DAYS.   THEY DON’T GET ANYMORE PRIORITY THAN YOU AND YOU THAN THEY.   WE TAKE THE ELIGIBLE JURORS — AND IT’S DONE BY COMPUTER — AND IT’S RANDOMIZED SO IT HAS NOTHING TO DO WHEN YOU ARE CALLED OR YOUR NAME OR IDENTIFYING NUMBER, WHATSOEVER. IT’S A COMPUTER PROGRAM THAT WILL INDICATE TO US WHERE YOU ARE IN THE JURY SELECTION PROCESS. SO AGAIN, IF YOU ARE ABLE AND ELIGIBLE TO SERVE, YOU WOULD BE FILLING OUT THE QUESTIONNAIRE IN DETAIL.   YOU WOULD FINISH IT.   YOU WOULD LEAVE.   YOU WOULD BE COMING BACK ON THE 4TH OF MAY FOR RESUMPTION OF JURY SELECTION.   AND THEN ON THE 9TH OF MAY, IF YOU ARE SELECTED AS A JUROR WITH A TIME ESTIMATE THROUGH THE 1ST OF JULY 2011. LET ME READ TO YOU AN ADMONITION IN WRITING, AND I HAVE GOT A COPY OF IT.   AND EACH OF YOU WILL HAVE A COPY OF THIS ORDER ADMONITION WHEN YOU LEAVE TODAY DURING THE TIME PERIOD THAT YOU ARE A ELIGIBLE JUROR IN THIS CASE.   AND BECAUSE IT IS SO IMPORTANT, I AM GOING TO READ IT TO YOU NOW.   AND EACH OF YOU IS ACTUALLY GOING TO GET A COPY OF THIS QUESTIONNAIRE, I MEAN, THIS ADMONITION FORM. IT’S ON BOTH SIDES OF THE PAGE.   SO PLEASE DON’T THINK YOU ARE OVER WITH WHEN YOU HAVE JUST GONE THROUGH THE FIRST PAGE.   TURN IT OVER.

 

PEOPLE VERSUS CONRAD ROBERT MURRAY, CASE NUMBER S.A. 07/31/64, ADMONITIONS, ORDERS TO PERSPECTIVE JURORS.

 

LADIES AND GENTLEMEN, YOU HAVE BEEN SUMMONED TO SERVE AS PROSPECTIVE JURORS IN THE CAPTIONED CASE.   LET ME ADVISE YOU OF THE FOLLOWING ADMONITIONS, ORDERS THAT APPLY TO YOUR CONDUCT FOR THE DURATION OF THE CASE UNTIL YOU ARE DISCHARGED FROM JURY SERVICE.

 

YOU ARE NOT TO TALK ABOUT THIS CASE OR THE PEOPLE OR SUBJECTS MENTIONED OR INVOLVED IN IT WITH ANYONE ELSE, INCLUDING, BUT NOT LIMITED TO YOUR FAMILY, FRIENDS, NEIGHBORS, COWORKERS, SPIRITUAL

 

LEADERS, OR ADVISORS, THERAPISTS, MEMBERS OF THE MEDIA, SPECTATORS, OR EVEN TOTAL STRANGERS.   DO NOT SPEAK TO OR OTHERWISE COMMUNICATE WITH THE DEFENDANT, THE ATTORNEYS, ANY WITNESS, OR ANY SPECTATOR AT ANYTIME OR PLACE.   DO NOT TALK ABOUT THESE SUBJECTS WITH ANY OTHER PERSPECTIVE JUROR UNTIL YOU ARE PERMITTED TO DO SO.

 

DO NOT SHARE INFORMATION ABOUT ANY OF THESE SUBJECTS IN PERSON IN WRITING, BY E-MAIL, OVER THE INTERNET, OVER THE TELEPHONE, OR BY ANY OTHER MEANS OF COMMUNICATION WHATSOEVER.

 

YOU KNOW, THERE WAS A DAY NOT TOO LONG AGO WHEN IT WAS GOOD ENOUGH DON’T WATCH TV.   AND IT SEEMS LIKE EVERYDAY THERE IS SOME NEW TECHNOLOGY.   SO I HAVE HAD TO AMEND THIS ABOUT 14 TIMES AND HAVE THE KICKER AT THE END. OR BY ANY OTHER MEANS OF COMMUNICATION WHATSOEVER. THAT’S TELEPATHIC OR ANYTHING ELSE THAT COMES.

 

YOU MUST NOT ALLOW ANYTHING THAT HAPPENS OUTSIDE OF THE EVIDENCE PRESENTED IN THE COURTROOM TO AFFECT YOUR OPINIONS OR DECISIONS.   DO NOT CONDUCT ON YOUR OWN OR THROUGH ANOTHER PERSON ANY

 

 

 

INVESTIGATION OF THE FACTS OR THE LAW.   DO NOT READ, LISTEN TO, OR WATCH ANY REPORT OR COMMENTARY ABOUT THIS CASE FROM ANY SOURCE.   DO NOT VIEW OR LISTEN TO ANY TELEVISION OR RADIO PROGRAM, MOVIE, BOOK, OR NEWSPAPER OR MAGAZINE ARTICLE REGARDING ANY ASPECTS OF THE CASE.   DO NOT ACCESS ANY INTERNET WEBSITES, INCLUDING, BUT NOT LIMITED TO ANY SEARCH ENGINES OR POST ANY MESSAGES OR ACCESS ANY BLOGS, INCLUDING, BUT NOT LIMITED TO ANY MESSAGES OR BLOGS ON ANY SOCIAL-NETWORKING SITE OR SEND OR READ ANY TEXTS OR TWEETS AS TO ANY ASPECTS OF THIS CASE OR THE PERSONS OR SUBJECTS MENTIONED OR INVOLVED IN IT.

 

DO NOT DO ANY RESEARCH ON YOUR OWN OR THROUGH ANOTHER PERSON REGARDING ANYTHING ABOUT THIS CASE.   DO NOT CONSULT A DICTIONARY OR A BIBLE REGARDING ANYTHING ABOUT THIS CASE.   DO NOT PERFORM ANY EXPERIMENTS OR VISIT THE SCENE OF ANY EVENT INVOLVED IN THE CASE.   IF YOU HAPPEN TO PASS BY THE SCENE, DO NOT STOP OR INVESTIGATE.

 

DO NOT LISTEN TO ANYONE WHO TRIES TO TALK TO YOU ABOUT THE CASE OR ANY PERSON OR SUBJECT MENTIONED OR INVOLVED IN IT.   IF SOMEONE ASKS YOU ABOUT ANY OF THESE SUBJECTS, TELL HIM OR HER THAT YOU CANNOT AND WILL NOT DO SO.   IF THAT PERSON KEEPS TALKING ABOUT SUCH A MATTER, YOU MUST END THE CONVERSATION.  

 

DO NOT ALLOW ANYONE TO HAND YOU A BUSINESS CARD OR OTHERWISE PROVIDE YOU WITH INFORMATION SO THAT AT A LATER TIME YOU CAN CONTACT ANY PERSON OR ORGANIZATION ABOUT THE CASE.   PLEASE IMMEDIATELY BRING ANY SUCH INCIDENT OR ENCOUNTER TO THE ATTENTION OF THE COURTROOM STAFF.

 

IF YOU ARE SELECTED AS A JUROR IN THIS CASE, AFTER THE TRIAL HAS ENDED AND YOU HAVE BEEN RELEASED AS A JUROR, YOU MAY DISCUSS THE CASE WITH ANYONE ELSE.   HOWEVER, YOU MUST WAIT AT LEAST 90 DAYS BEFORE NEGOTIATING OR AGREEING TO ACCEPT ANY PAYMENT OR OTHER BENEFIT IN EXCHANGE FOR PROVIDING ANY INFORMATION ABOUT THE CASE.

 

FOR THE DURATION OF THE CASE UNTIL YOU ARE DISCHARGED FROM JURY SERVICE, IF YOU BECOME AWARE OF ANY INFORMATION ABOUT THE CASE OR THE PERSONS OR SUBJECTS MENTIONED OR INVOLVED IN IT FROM ANY SOURCE OUTSIDE OF THE TRIAL, EVEN UNINTENTIONALLY INADVERTENTLY OR ACCIDENTALLY, DO NOT SHARE THIS INFORMATION WITH ANY OTHER PERSPECTIVE JUROR AND IMMEDIATELY NOTIFY THE COURTROOM STAFF.

 

PLEASE UNDERSTAND THAT ANY DISOBEDIENCE OF THESE ORDERS WILL NOT BE TOLERATED.   A VIOLATION OF ANY ORDER CAN IMPACT THE INTEGRITY OF THE TRIAL AND UNDERMINE OUR SYSTEM OF CRIMINAL JUSTICE.   SUCH A VIOLATION CAN RESULT IN DIRECT AND PERSONAL NEGATIVE CONSEQUENCES TO YOU AS WELL.   IT CAN RESULT IN YOUR BEING HELD IN CONTEMPT OF COURT, SENTENCED TO JAIL, AND/OR FINED.   WITH THIS IN MIND, PLEASE TAKE THE HIGH ROAD AND FOLLOW TO THE LETTER EACH OF THESE ADMONITIONS, ORDERS. THANK YOU FOR YOUR ATTENTION AND CONSIDERATION.

MRS. GOMEZ, HAVE I MISSED ANYTHING?

 

MRS. GOMEZ:   NO, YOUR HONOR.

 

THE COURT:   LADIES AND GENTLEMEN, I LEAVE YOU IN EXTRAORDINARILY CAPABLE HANDS OF THE JURY SERVICES REPRESENTATIVES AND THANK YOU AGAIN FOR YOUR WILLINGNESS TO SERVE. AT THIS TIME, DEPARTMENT 107 OF THE LOS ANGELES SUPERIOR COURT IS IN RECESS.   AND WE WILL RESUME FOR FURTHER PROCEEDINGS ON THE 9TH FLOOR OF THE BUILDING. THANKS AGAIN.

 

(THE PROCEEDINGS RECESSED AT 9:35 A.M.)

 

(THE PROCEEDINGS RESUMED AT 10:35 A.M.)

 

                 

 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE CHAMBERS OF DEPARTMENT 107:)

 

THE COURT:   ON THE CONRAD MURRAY CASE, WE ARE IN CHAMBERS.   MR. WALGREN AND MISS BRAZIL, MR. FLANAGAN AND MR. CHERNOFF ARE PRESENT. I HAVE JUST BEEN HANDED THE HARDSHIP QUESTIONNAIRES.   THERE ARE 29 PEOPLE OUT OF THE GROUP WHO INDICATED AN ABILITY TO STAY.

 

MR. CHERNOFF:   NICE GOING.

 

THE COURT:   LET ME READ THEM IN.   THESE ARE THE   LAST FOUR DIGITS AT THIS JUNCTURE.   WE ONLY HAVE THE LAST FOUR DIGITS.

 

MS. BRAZIL:   THE COURT IS READING THE ONES THAT?

 

THE COURT:   I AM READING THE ONES WHO SAID ABLE TO SERVE.   AS FAR AS I AM CONCERNED, I STOP RIGHT THERE. SOME OF THEM ACTUALLY CHECKED OFF “NO” BUT THEN CHANGED IT, INDICATED THEY WILL CANCEL RESERVATIONS. 7134, 6198, 7132, 2262, 4609, 5522, 9449, 4952, 5935, 4729, 1855, 1842, 5082, 8113, 6140, 6061, 5941, 3280, 9742, 8355, 1217, 8072, 7650, 3139, 0667, 5338, 0204, 7488, 7240.   THAT’S IT. DOES THAT COME TO 29?   MISS BRAZIL IS GOOD AT THE MATH.

 

MS. BRAZIL:   YES.

 

THE COURT:   WILL COUNSEL STIPULATE THESE JURORS ARE OF THE POOL? PEOPLE?

 

 

MR. WALGREN:   YES, YOUR HONOR.

THE COURT:   DEFENSE?

MR. CHERNOFF:   YES.

 

THE COURT:   LET ME GIVE IT TO MRS. JOHNSON.

 

                 

(THE IN CAMERA HEARING, PAGES 1226-1267 HAS BEEN PREPARED UNDER

SEPARATE COVER BY ORDER OF THE COURT; SAID TRANSCRIPT HAS BEEN LODGED WITH THE CLERK IN A SEALED ENVELOPE MARKED CONFIDENTIAL – MAY NOT BE EXAMINED WITHOUT A COURT ORDER.)

 

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(THE SEALED PROCEEDINGS CONCLUDED:)

 

THE COURT:   BUT NOW WITH REGARD TO FUTURE PROCEEDINGS AND SCHEDULE, DISCOVERY ISSUES, MOTIONS, ET CETERA, WHEN NEXT SHOULD WE REGROUP?

 

MR. WALGREN:   WE ARE GOING TO FILE A 1402 TODAY, YOUR HONOR.   I JUST NEED TO ACTUALLY GET UPSTAIRS AND PRINT IT.   I CAN BRING IT DOWN SHORTLY.   WE WILL BE FILING MORE IN THE COMING DAYS OF THIS WEEK AND THE BEGINNING OF NEXT WEEK PROBABLY. SO THE ONE WILL BE FILED TODAY REGARDING MOTIONS.   I DON’T KNOW WHAT THE DEFENSE STATUS IS ON FILING MOTIONS.

 

MR. GOURJIAN:   YOUR HONOR, WE HAVE GOT SEVERAL THAT WE ARE GOING TO BE FILING TODAY AS WELL.   I BELIEVE IT’S THERE’S ABOUT 6 OR 7 THAT I WILL PROVIDE TO MR. WALGREN RIGHT NOW.

 

MR. FLANAGAN:   WHAT IS THE SUBJECT OF YOUR’S, DAVE?

MR. WALGREN:   HIS INTERVIEW.

MR. FLANAGAN:   IS HIS WHAT?

MR. WALGREN:   HIS INTERVIEW.

 

THE COURT:   DOCTOR MURRAY’S INTERVIEW IN TERMS OF WHAT IS ADMISSIBLE AND WHAT IS NOT?

 

MR. WALGREN:   YES.

 

THE COURT:   AND I DON’T KNOW THE SUBSTANCE OF ANY DEFENSE MOTIONS.   I TAKE IT THEY WOULD INCLUDE CERTAIN OF THE ISSUES WE HAVE BEEN DEALING WITH NOW.

 

MR. CHERNOFF:   YES.

MR. GOURJIAN:   YES.

 

THE COURT:   AND THE ISSUES ABOUT THE FINANCES AND ABOUT —

 

MR. GOURJIAN:   CERTAIN FINANCES.   WE ANTICIPATE FILING 2 OR 3 MORE, YOUR HONOR, THAT I AM WORKING ON RIGHT NOW.

 

THE COURT:   WHAT IS THE LATEST WITH REGARD TO THE FINGERPRINT ISSUE?

 

MR. CHERNOFF:   WE ARE TRYING — WE ARE GOING TO GET THE FINGERPRINTS TODAY.   ORLANDO MARTINEZ PICKED THEM UP AGAIN, AND NOW WE HAVE GOT TO GO DOWN THERE AND GET A COPY.   AND WE TALKED TO MELISSA POPOVIC WHO IS OVER THERE. THEY DOWNLOADED A COPY OF IT.   SO WE ARE GOING TO PICK THAT UP TODAY.   THAT IS THE STATUS.

 

THE COURT:   WHEN DO COUNSEL SUGGEST I DEAL WITH ISSUES?   I’D PREFER NOT TO DEAL WITH THEM ONE A DAY.   I WOULD LIKE TO HAVE A NUMBER OF THEM, HAVE A PRODUCTIVE DAY BUT AS QUICKLY AS POSSIBLE BECAUSE WE ARE EATING UP TIME.

 

MR. WALGREN:   I AM JUST LOOKING AT WHAT WE HAVE HERE.

 

MR. CHERNOFF:   WHAT ABOUT — THE ONLY THING I GOT GOING ON, I HAVE A BIKE RIDE THAT I AM MAKING WITH MY SON ON THE 16TH OF APRIL.   I CAN’T GET IN THE NEXT DAY.   BUT OTHER THAN THAT, WHATEVER YOU WANT TO DO, I AM GOOD.

 

THE COURT:   IS THE 16TH A SATURDAY?

MR. CHERNOFF:   SUNDAY.

THE COURT:   OH, OKAY.

MR. CHERNOFF:   IT’S A TWO-DAY RIDE.   SATURDAY, IT ENDS ON SUNDAY.

 

THE COURT:   TELL ME REALISTICALLY WHEN WE SHOULD SCHEDULE ANOTHER APPEARANCE?

 

MR. CHERNOFF:   REASON I BRUNG THAT UP, I WAS THINKING THAT SOMETIME THAT WEEK WOULD BE REASONABLE.

 

THE COURT:   THAT GIVES YOU NEXT WEEK TO DEAL WITH ISSUES.

MR. CHERNOFF:   RIGHT.

THE COURT:   WHAT DO YOU THINK, MR. WALGREN, MISS BRAZIL?

 

MR. WALGREN:   THE WEEK OF THE 18TH?   IS THAT WHAT WE ARE TALKING ABOUT THAT WE WOULD LITIGATE THESE?

 

THE COURT:   CAN I GET MY —

MR. CHERNOFF:   JUST NOT THE 18TH WHICH IS ONE DAY.

 

THE COURT:   LET ME GET MY CALENDAR BECAUSE I AM GOING TO BE OPEN FOR TRIAL.   I CAN’T SEEM TO DO MY OWN. SO I AM GOING TO GET TRIALS, AND I HAVE GOT TO COORDINATE IT WITH THIS CASE OBVIOUSLY.

 

MR. WALGREN:  HOW ABOUT APRIL 19, TUESDAY?

 

THE COURT:   WE ALSO SHOULD GIVE YOU THE TIME NEXT WEEK TO — YOU ARE GOING TO BE GOING THROUGH THE QUESTIONNAIRES.   YOU ARE GOING TO GET THE QUESTIONNAIRES PROBABLY TODAY OR TOMORROW, AND THEY WILL RUN THE RANDOM TODAY.   SO WE’LL KNOW.

 

MR. CHERNOFF:   1 THROUGH 130.

THE COURT:   WE HAVE A LOT.

MR. CHERNOFF:   WE’LL KNOW TODAY.

 

 

THE COURT:   YOU ARE GOING TO KNOW WHO IS IN WHATORDER, AND THEY ARE GOING TO BE RANDOMIZED.   YOU COULD HAVE JUROR NO. 1 FROM TODAY’S GROUP AND THE NEXT PERSON COULD BE FROM THE FIRST GROUP.   YOU WILL KNOW WHO IS UPCOMING.   YOU NEED TO GO THROUGH THESE QUESTIONNAIRES.   I HAVE GONE THROUGH A LOT OF THE QUESTIONNAIRES. AND YOU LOOK AT SOME QUESTIONNAIRES, AND THERE ARE MORE BLANKS THAN THERE ARE FILLED-IN RESPONSES. THERE ARE QUESTION MARKS.   THE QUESTION IS, THE QUESTION WE HAVE IS HOW MUCH EVIDENT, HOW MUCH MAINTENANCE WE NEED TO GIVE BECAUSE THAT WINDS UP TAKING A TREMENDOUS AMOUNTOF TIME. I HAVE GOT TO GO BASICALLY THROUGH 6, 10, 15 QUESTIONS WITH AN INDIVIDUAL JUROR WHO IS MOST LIKELY HAVING A LANGUAGE PROBLEM.   I WOULD HOPE THE PARTIES WOULD BE ABLE TO CHAT A LITTLE BIT AND SEE IF THEY CAN AGREE ON PEOPLE FOR CAUSE.   THERE ARE A LOT OF PEOPLE WHO SEEM TO FALL IN THAT CATEGORY, AND THERE MAY BE PEOPLE WHO FALL IN FOR CAUSE FOR CATEGORIES BECAUSE OF DEFINITE OPINIONS ABOUT CERTAIN ISSUES.   YOU HAVE GOT THAT ON YOUR PLATE AS WELL.

 

MY PLAN WAS TO SEE THE NUMBER OF JURORS WHO HAVE PASSED THE VARIOUS STAGES AND ARE NOT CHALLENGED FOR CAUSE AND BRING IN A CERTAIN NUMBER FOR MAY 4, NOT EVERYBODY, BECAUSE I DON’T THINK YOU ARE GOING TO GO THROUGH ANYWHERE NEAR EVERYBODY.   AND MAYBE THE FIRST 65 OR 70.   DEPENDS ON HOW MANY WE CAN FIT IN THE CENTER SECTION AND 27 SEATS IN FRONT.

 

THOSE PEOPLE WOULD COME IN FRONT.   WE WOULD PROBABLY BE DEALING WITH PROSPECTIVE JURORS IN COURT PROBABLY AROUND 75, GIVE OR TAKE.   WE WOULD HAVE ANOTHER 25 WAITING IN ANOTHER COURTROOM FACILITIES OVERFLOW.   LET — THE REMAINDER OF THE JURORS WE WOULD NOT HAVE COME IN ON MAY 4.   WE WOULD CONTACT THEM AND HAVE THEM CONTACT THE EVENING BEFORE AND HAVE THEM COME IN ON MAY 5.   I WOULD HOPE AND PRAY WE COULD HAVE A JURY ON MAY 4.

 

MR. CHERNOFF:   IF IT’S APPARENT FROM THE JURY QUESTIONNAIRES WE HAVE CAUSE ISSUES, LET’S SAY, WE AGREE TO THAT.

 

THE COURT:   THAT IS THE EASIEST.

 

MR. CHERNOFF:   YOU ARE NOT GOING TO CALL ANY OF THOSE PEOPLE UP.   THEY ARE NOT COMING DOWN.

 

THE COURT:   WE WOULD SAY THIS, THANK YOU, YOU ARE EXCUSED.

 

MR. CHERNOFF:   THE ONES WE WOULD GET THEN WILL BE IN ORDER BASED ON THE NUMBERS THAT APPEAR.

 

THE COURT:   I REALIZE THERE MAY BE FOR-CAUSE PEOPLE WHO ARE NO. 1, NO. 5.   AT THIS POINT, WE ARE NOT GOING TO FIDDLE WITH THAT LIST.

 

MR. CHERNOFF:   BUT IF NUMBER 1 IS STRUCK FOR CAUSE, NO. 2 BECOMES NO. 1.

 

THE COURT:   THAT IS RIGHT.

 

MR. FLANAGAN:   STIPULATED FOR CAUSE ARE GOING TO BE ELIMINATED.

 

THE COURT:   I CAN’T SAY WHETHER I NECESSARILY WOULD AGREE WITH THE PARTIES, BUT THERE ARE TIMES WHEN PARTIES AGREE AND I SAY NO.   IF THE PARTIES SAY THERE IS CAUSE, I WILL TAKE A LOOK.

 

MR. CHERNOFF:   AT SOME POINT, WE SHOULD PROBABLY GET TOGETHER AND TALK ABOUT THE CAUSES.

 

THE COURT:   THAT IS WHAT I MEAN.   WE HAVE A LITTLE BIT OF TIME BECAUSE WE ARE EXCUSING THE JURORS UNTIL THE 4TH OF MAY.   BUT IT’S A VERY, VERY LABOR INTENSIVE FOR OUR STAFF TO BE CONTACTING BY PHONE INDIVIDUAL JURORS AND SAYING, “THANK YOU VERY MUCH, YOU ARE EXCUSED.   YOU DON’T HAVE ANY FURTHER RESPONSIBILITIES.” SOMETIMES THE JURORS DON’T HAVE ANSWER MACHINES OR VOICEMAILS, ET CETERA.   SO IT CAN TAKE A LONG PERIOD OF TIME.   SOMETIMES WE DON’T GET CORRECT PHONE NUMBER INFORMATION.   WE HAVE TO SEND THEM A LETTER.   AND THEN THERE WILL BE JURORS WE WANT TO PUT ON CALL OR TO THE NEXT DAY.   SO MAYBE IN A COUPLE WEEKS FOR THAT.

 

MR. CHERNOFF:   CAN YOU ADVISE THEM TO CALL IN?

 

THE COURT:   YOU KNOW WHAT, THE PROBLEM WITH CALLING IN IS — I WILL SEE IF WE CAN DO IT.   BUT NOW THESE JURORS ARE OUR RESPONSIBILITY IN THIS COURTROOM, SEE.   THEY ARE NOT THE RESPONSIBILITY OF JUROR SERVICES. I WILL SEE IF THERE IS SOME CALL-IN SYSTEM WE CAN ESTABLISH.   MAYBE THEY CAN GET US A NUMBER.   WE HAVE DONE IT BEFORE WITH JURORS.   I MEAN, IT’S JUST, IT’S INTENSIVE.   WE HAVE OUR STAFF BASICALLY MAKING PHONE CALLS, BUT WE HAVE GOT TO DOCUMENT IT BECAUSE WE HAVE GOT TO MAKE SURE WE GIVE THEM THE CORRECT INFORMATION.   WE WILL TAKE CARE OF IT. WHAT I AM SAYING, WE WILL NEED AS MUCH LEAD TIME AS WE CAN GET.   YOU GOT TO GO THROUGH THESE QUESTIONNAIRES.   YOU HAVE DRAFTED QUESTIONS.   THEY ARE COMPLICATED.   I HAVE BEEN DEVOTING A LONG TIME TO THEM.

 

MR. CHERNOFF:   WE HAVE THE 402 ISSUES WE HAVE TO HASH OUT.   AND THEN WE HAVE GOT THE CAUSATION ISSUES WE HAVE TO HASH OUT.

 

MR. FLANAGAN:   WE SHOULD BE MEETING WITH THE D.A.’S OFFICE BEFORE THAT NEXT APPEARANCE.

 

THE COURT:   YOU SHOULD BE MEETING ON DISCOVERY ISSUES, WHATEVER YOU NEED TO, AND ALSO ON THE

 

QUESTIONNAIRE.

 

BACK TO JUROR 8582.

 

                  (THE IN CAMERA HEARING PAGE 1275 HAS BEEN PREPARED UNDER SEPARATE COVER BY ORDER OF THE COURT; SAID TRANSCRIPT HAS BEEN LODGED WITH THE CLERK IN A SEALED ENVELOPE MARKED CONFIDENTIAL – MAY NOT BE EXAMINED WITHOUT A COURT ORDER.)

 

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 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

 

THE COURT:   IN THE CASE OF PEOPLE VERSUS CONRAD MURRAY.IS DOCTOR MURRAY IN THE BACK?

 

MR. CHERNOFF:   HE WAS JUST BEHIND ME.

 

THE COURT:   WE GOT MR. CHERNOFF AND MISS BRAZIL AND MR. WALGREN.

 

MR. CHERNOFF:   MR. CHERNOFF, MR. GOURJIAN.

 

THE COURT:   DOCTOR MURRAY IS PRESENT AND MR. FLANAGAN AS WELL. AND WE ARE IN OPEN COURT TO GIVE EVERYONE AN UPDATE. COUNSEL AND I HAVE GONE THROUGH HARDSHIP QUESTIONNAIRES THAT WERE SUBMITTED TODAY, AND A SIGNIFICANT NUMBER OF PERSPECTIVE JURORS WERE EXCUSED FOR HARDSHIP.   A SIGNIFICANT NUMBER OF JURORS ARE PART OF THE POOL, AND THEY HAVE BEEN PROVIDED WITH QUESTIONNAIRES. SO I AM ORDERING UNSEALED THE BLANK QUESTIONNAIRE IN THIS CASE.   IT IS AVAILABLE IN THE PUBLIC DOMAIN.   THE PUBLIC INFORMATION OFFICE REPRESENTATIVES WERE SUPPOSED TO BE AVAILABLE TO PICK IT UP.

 

THE CLERK:   I HAVE THEM COMING OVER.

 

THE COURT:   THEY ARE COMING OVER.   THEY WILL BE ABLE TO INTERACT WITH THOSE MEMBERS OF THE PUBLIC WHO WANT ACCESS WITH THE QUESTIONNAIRE.   IT’S OUT THERE. WE ARE COMING BACK ON THE 21ST OF APRIL 2011 FOR FURTHER PROCEEDINGS IN THIS CASE.   THOSE PROCEEDINGS ARE GOING TO INVOLVE IN LIMINE MOTIONS WHICH ARE EVIDENTIARY MOTIONS.   I BELIEVE THE DEFENSE HAS FILED CERTAIN MOTIONS ALREADY.   THE PEOPLE INTEND TO FILE AT LEAST ONE TODAY AND OTHERS. THOSE WILL BE MATTERS OF THE PUBLIC RECORD. WE ARE GOING TO ADDRESS THOSE MOTIONS ON THE 21ST OF APRIL AND POTENTIALLY THE 22ND.   AND IN THE MEANTIME, I’D ASK COUNSEL TO MEET AND CONFER AS TO ANY JURY ISSUES IN THISCASE, SPECIFICALLY, ANY STIPULATIONS THAT COUNSEL MAY HAVE TO EXCUSE CERTAIN JURORS FOR CAUSE IF THAT IS, IN FACT, WHAT THEY AGREE TO.   ULTIMATELY, IT’S GOING TO BE MY DECISION. ATTORNEYS ARE GOING TO BE MEETING AND CONFERRING.   SIGNED QUESTIONNAIRES ARE TO REMAIN SEALED ABSENT FURTHER COURT ORDER, AS I INDICATED, CERTAINLY NOT BEFORE A PARTICULAR JUROR IS QUESTIONED.   AND I MAY BE EVALUATING THAT.   BUT THOSE SIGNED QUESTIONNAIRES ARE IN A VERY DIFFERENT POSTURE THAN THE BLANK QUESTIONNAIRE ITSELF.

 

SO COUNSEL AND DOCTOR MURRAY AS A CONDITION OF BOND ARE ORDERED TO COME BACK AT 8:30 A.M. ON THURSDAY, 21ST OF APRIL 2011.   WE PLAN ON DEVOTING THAT DATE TO THIS CASE AND POTENTIALLY THE 22ND SO EVERYONE CAN MAKE THOSE ARRANGEMENTS. IF THERE IS SOMETHING THAT HAPPENS BETWEEN NOW AND THE 21ST, YOU KNOW WHERE TO FIND ME BECAUSE WE WANT TO BE PRODUCTIVE AND DEAL WITH ONGOING DISCOVERY ISSUES. I UNDERSTAND COUNSEL HAVE BEEN COOPERATING AND PROVIDING ONGOING DISCOVERY.   BUT I CONTINUE TO ORDER COUNSEL TO MEET OBLIGATIONS UNDER 1054 OF THE PENAL CODE AND BE ON TOP OF EVERYTHING ELSE. ANYTHING FURTHER, MR. WALGREN, MISS BRAZIL?

 

MR. WALGREN:   NO.  THANK YOU, YOUR HONOR.

MS. BRAZIL:   NO.   THANK YOU, YOUR HONOR.

THE COURT:   MR. CHERNOFF?

MR. CHERNOFF:   NO, JUDGE.

 

THE COURT:   DOCTOR MURRAY, BOND TO STAND.   SEE YOU IN A COUPLE WEEKS. THANK YOU.   HAVE A GOOD DAY.                   15

 

(THE PROCEEDINGS RECESSED AT 12:00 O’CLOCK NOON UNTIL APRIL 8, 2011.)