P V CM SEPT 21ST 2011

APPEARANCES: DEFENDANT CONRAD ROBERT MURRAY, PRESENT, REPRESENTED BY EDWARD M. CHERNOFF, J. MICHAEL FLANAGAN, AND NAREG GOURJIAN;

 

PEOPLE REPRESENTED BY DAVID WALGREN AND DEBORAH BRAZIL, DEPUTIES DISTRICT ATTORNEY,

 

THE COURT:   IN THE CONRAD MURRAY CASE, DR. MURRAY   IS PRESENT WITH HIS COUNSEL, MR. CHERNOFF, MR. GOURJIAN, AND MR. FLANAGAN.   THE PEOPLE BY THEIR COUNSEL, MR. WALGREN AND MS. BRAZIL.

MS. BENSON, THE COURT CLERK AND JUDICIAL ASSISTANT, TOLD ME A FEW MINUTES AGO COUNSEL WANTED JUST A LITTLE MORE TIME TO DISCUSS MATTERS.   I SAID THAT WAS FINE WITH ME.   BUT SINCE I CALLED THE CASE FOR 2:00 P.M., I WANTED TO CALL IT.   AND IF YOU NEED A FEW MORE MINUTES, WE WILL DO THAT. DO YOU NEED IT?

 

MR. WALGREN:   PLEASE, YOUR HONOR.

 

THE COURT:   ALL RIGHT.   LET ME KNOW WHEN YOU ARE READY.   I JUST WANTED TO BE HERE.   THANK YOU.

 

 (PAUSE IN PROCEEDINGS.)

 

THE COURT:   IN DR. MURRAY’S CASE, DR. MURRAY AND HIS SAME COUNSEL ARE PRESENT.   THE PEOPLE BY THEIR SAME

 COUNSEL. AN UPDATE?   THANK YOU.   MR. WALGREN?

 

MR. WALGREN:   YES, YOUR HONOR.   THERE IS A FAIR NUMBER WE HAVE AGREED ON.   THERE IS SOME ADDITIONAL —

 

THE COURT:   TALKING ABOUT WHAT?   JURORS?

 

MR. WALGREN:   YES.   I WASN’T GOING TO —

 

THE COURT:   WE CAN DISCUSS THAT AS WELL. WHAT ABOUT THE EVIDENCE CODE SECTION 402 MOTION THAT WAS FILED BY MR. GOURJIAN YESTERDAY?   I RECEIVED AND REVIEWED IT, AND I HAVE PLAYED THE ATTACHED DVD.   I DON’T KNOW IF THE PEOPLE HAVE HAD AN OPPORTUNITY TO FASHION A RESPONSE.

 

MR. WALGREN:   WE HAVE NOT, YOUR HONOR.

 

THE COURT:   THEN I THINK WE HAVE TO JUST PAUSE ON THAT AND GIVE COUNSEL AN APPROPRIATE AMOUNT OF TIME TO ADDRESS IT. IS THERE ANY UPDATE AS TO THE ISSUE INVOLVING DR. SHAFER AND THE CHILEAN STUDY?

 

MR. WALGREN:   WE PROVIDED SOME ADDITIONAL DISCOVERY ON THAT TODAY, A FORMAL ARTICLE AS WELL AS SOME SUPPORTING DOCUMENTATION.   SO THAT WAS JUST PROVIDED TO THE DEFENSE.

 

THE COURT:   HAS THE DEFENSE, MR. CHERNOFF, HAD THE OPPORTUNITY TO REVIEW THE MATERIAL?

 

MR. CHERNOFF:   I JUST GOT IT.

 

THE COURT:   MR. FLANAGAN, YOU NEED SOME TIME ON THAT?

 

MR. FLANAGAN:   JUST RECEIVED IT.   MAYBE WE CAN ADDRESS IT.

 

THE COURT:   NOT AT ALL UNUSUAL. WHAT ELSE OTHER THAN JURY RELATED ISSUES, MR. WALGREN, MS. BRAZIL?

 

MR. WALGREN:   I THINK THAT IS IT FOR TODAY, YOUR HONOR.   WE WERE PROVIDED A C.V. OF, I BELIEVE, A MEDICAL DOCTOR.   MR. FLANAGAN GAVE IT TO ME.   I’M NOT SURE.   I WAS UNCLEAR IF THEY ARE AWAITING A REPORT OR NOT EXPECTING A REPORT.   HE IS ASSISTING ME WITH THE TOXICOLOGY AND PATHOLOGY IN THIS CASE.   HE IS A CONSULTANT RIGHT NOW.   HE MAY BECOME A WITNESS.   WE ARE NOT SURE. I DON’T HAVE A REPORT FROM HIM.   WE JUST CONSULTED HIM THIS LAST MONDAY BECAUSE OF SOME OTHER TOXICOLOGY ISSUES, AND OUR TOXICOLOGIST WANTED US TO HAVE A PHARMACOKINETICIST AVAILABLE.   HE IS A PHARMACOKINETICIST/TOXICOLOGIST.   HE IS A MEDICAL DOCTOR   PRACTICING IN THE VALLEY, AND HE IS ASSISTING ME RIGHT NOW.   I DON’T KNOW IF WE WILL USE HIM AS A WITNESS.

 

THE COURT:   STILL HAVE ONGOING DISCOVERY AS TO BOTH PARTIES IN THIS CASE. WITH REGARD TO THE EVIDENCE CODE SECTION 402 MOTION TO ADMIT EVIDENCE OF A PRESS CONFERENCE, WE ARE SIMPLY GOING TO DEFER IT BECAUSE COUNSEL NEED AN ADDITIONAL AMOUNT OF TIME FOR PREPARATION. WITH REGARD TO ANY ISSUES INVOLVING THE BASIS UPON WHICH ONE OF THE PEOPLE’S EXPERTS WILL BE RELYING FOR ANY OPINION, NAMELY DR. SHAFER AND A STUDENT PARTICIPATION STUDY IN CHILI, THAT WILL BE DEFERRED SO COUNSEL CAN FURTHER PREPARE ON THAT. ARE THERE ANY OTHER ONGOING DISCOVERY RELATED ISSUES FOR THE DEFENSE, MR. CHERNOFF, MR. FLANAGAN?

 

MR. CHERNOFF:   WE JUST HAVE RECEIVED WHAT WE CONSIDER TO BE EXCULPATORY INFORMATION WHICH PROSECUTION PROVIDED US TODAY.   WE MAY NEED TO ADDRESS, DIG INTO THAT JUST A LITTLE BIT TO DETERMINE WHERE IT CAME FROM, WHEN IT ARRIVED, WHAT OTHER DOCUMENTS ARE ATTACHED TO IT, BUT WE JUST GOT IT TODAY. I JUST TOOK A LOOK AT IT.   I DON’T WANT TO PUT MR. WALGREN ON THE SPOT ON THAT.   THAT HAS TO BE AN ISSUE WE WILL HAVE TO ADDRESS.

 

THE COURT:   FINE.   ANYTHING ELSE COME TO MIND?

 

MR. CHERNOFF:   NO.

 

THE COURT:   FOR THE PEOPLE?

 

MR. WALGREN:   I DON’T BELIEVE SO TODAY, YOUR HONOR.

 

THE COURT:   COUNSEL, WE ARE GOING TO GO INTO CHAMBERS AND DISCUSS ISSUES REGARDING JURY SELECTION.   IS THAT OUR UNDERSTANDING?

 

MR. CHERNOFF:   YES.

 

THE COURT:   THESE ARE CONFIDENTIAL DISCUSSIONS. WHILE THEY WILL BE ON THE RECORD, THE RECORD WILL REMAIN CONFIDENTIAL UNTIL AND UNLESS THE COURT ORDERS OTHERWISE. THE ISSUE IS WHETHER THERE IS GOING TO BE ANYTHING TO ADDRESS TOMORROW.   WE MAY STILL BE DISCUSSING JUROR ISSUES BECAUSE I NEED TO GET A VERY GOOD IDEA OF THE NUMBER OF JURORS WHO WE ARE GOING TO BE EXPECTING. SO WHAT ABOUT OTHER ISSUES?   IS THERE ANYTHING ELSE WE SHOULD BE DOING BEFORE JURY SELECTION BEGINS ON FRIDAY MORNING?

 

MR. WALGREN:   I DON’T KNOW AT THIS TIME, YOUR HONOR.   OUR TIME HAS BEEN EXPENDED LARGELY ON THE QUESTIONNAIRE THE LAST FEW DAYS.

 

THE COURT:   RIGHT NOW, I DON’T KNOW IF WE ARE GOING   TO BE RESUMING MATTERS TOMORROW MORNING.   WE WILL HAVE A BETTER IDEA HOW JURY SELECTION GOES AFTER WE MEET AND CONFER TODAY.   IT IS POSSIBLE BY THE END OF TODAY, WE MAY SCHEDULE A SESSION TOMORROW.   AND DEPENDING UPON THE DEFENSE POSTURE AND DR. BROWN’S POSITION, DR. BROWN EITHER CAN OR CANNOT WAIVE HIS APPEARANCE BASED UPON REPRESENTATIONS OF COUNSEL.   (SIC.)

 

WHAT WE WILL DO IS WE WILL ORDER BACK COUNSEL AND DR. MURRAY FOR FRIDAY MORNING AT PROMPTLY EIGHT O’CLOCK A.M., WHICH IS WHEN WE INTEND TO COMMENCE JURY SELECTION IN THE COURTROOM.   FRIDAY, EIGHT O’CLOCK.   AND WE WON’T KNOW UNTIL LATER THIS AFTERNOON.   BOND TO STAND. SO BEFORE WE GO INTO CHAMBERS, IS THERE ANYTHING ELSE, MR. WALGREN, MS. BRAZIL?

 

MR. WALGREN:   THAT WORKS FINE, YOUR HONOR. I THINK YOU MAY HAVE SAID DR. BROWN INSTEAD OF DR. MURRAY.

 

THE COURT:   I’M SORRY.   DR. MURRAY.

 

MR. CHERNOFF:   TOO MANY DOCTORS.   TOO LITTLE TIME.

 

THE COURT:   IN THIS CASE, UNFORTUNATELY THAT IS THE CASE. ANYTHING ELSE FOR THE DEFENSE?

 

MR. CHERNOFF:   NO.   WE ARE READY TO GO WHENEVER YOU WANT.

 

THE COURT:   THANK YOU, EVERYBODY.   WE ARE IN RECESS POTENTIALLY UNTIL TOMORROW.   DEFINITELY UNTIL FRIDAY.

 

(THE IN CHAMBERS CONFERENCE 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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 (NEXT HEARING 1:00 P.M., SEPTEMBER 22, 2011.)