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Hier noch ein Fan-Wiedergabe (Sharon) von der gestrigen Anhörung.
eport for 4/29/11
Mr. Chernoff of the defense stated they receieved 80 pages from the prosecution containing 4 new scientific theories which were past the expertise of the experts they had secured for their witness list. Chernoff said they are simply not able to address as trial being set to begin on May 9th.
Sorry this is a to be continued full report... I'll be back to edit and type more which I anticipate doing tonight.
Chernoff asked jdge Pastor to exclude the new witnesses adding they did not have time to address the new theories which attacks those the defense had previously sstated He said the defenses theories were presented to the prosecution the 1st week of March around the 6th and three weeks later they receiived report of another expert which he estimated as #15 on the prosecutions witness list, then said they now have new experts. Chernoff asserted the prosecution had to have known that they wouldn't have time.
Walgren countered Chernoff's remarks stating "this is absurd" and that the people stated before todaythat the case would have to be held over. He said the defense insisted the case continue and they were put on notice repetitively. He said of course we sought out expert opinion, that they were turned over in Aprl and the current issue was the exact situation they had warned the defense about. Walgren continued by stating the defense insisted to go forward. He said there were no new theories and that their theory has always been that Conrad Murray was untruthful, incompetent, and caused the deat- of M. Jackso. He said we simply don't have discovery from defense.
At judge Pastor's inquiry Walgren replied that they were planning on calling the new witnesses during case in chief. He said their testimony is responsive of the defenses theories but broader going further to say it to be expansive and detailed scientific analysis. At Chernoff's correction to Walgren stating there were 2 new witnesses he adjusted a statement to the judge by stating there were 3 new expert witnesses.**** Names may not be spelled correct*** Larson, Schaefer and Chavez.
Flanagan of the defense held up a large stack of papers stating this is Chavez then another saying in addition to Larson.He continued saying we were able to deal with Larson. He said one of their experts wont be available in May, that he'd just gotten through reading the brand new theories of negligence and scientific theories. He said they were all ready to go. He went further to state no expert other than Schaefer has ever said propofol cannot go through ingestion and the mentioning of some being shoved up piglet rears that didn't go to sleep., there was mention of Lorazapan and other new theories they'd have to address. He said it's inconceivable.Flanagan protested they'd worked very hardand were up to date and that with the 2 new witnesses they'd need new experts in pharmacology and microbiology.
Judge Pastor said he didn't have any written notifications addressing the situation but that he was not surprisedsaying he anticipated the defense would not be ready.
Flanagan protested asserting they were ready based on first year of reports of the case....
***Pausing to post this then I'll edit in more***
Flanagan said the criteria they had was to give the prosecution their reports, that they would be fined 1500 a day when they were well within the 30 days of going to trial.He said and now the prosecution gets 3 new expert witnesses, 5 or 6 new justifications for new intentions and that the defense would be back to square 1 if Schaefer and Chavez testifies.
Walgren said the prosecution had warned them. He said it was literally impossible for Michael Jackson to orally consume propofol. He said the new witness testimony is not new theories, that it is a cornerstone of their case and science and how it would have taken place.
Chernoff said Walgren had 9 months and didn't hire pre iminent expert, not during the preliminary, not after, that they had all the time in the world and didn't do it. He told judge Pastor that the only remedy was for him to exclude the new experts.
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Judge Pastor said he would not exclude and that he did not find the prosecutions actions as willful. He said it involves significant analysis, that the issues raised in extensive prelim they continued to express concern over in case and the people advised based on what the defense would be filing they would respond. He said he did not see how the people acted in bad faith or sand bagged.
I'm sorry you guys, my sleep this week is way off and I have to wake very early in morn. If you like I can pick up from here tomorrow early evening- just please let me know?
I also wanted to inform you that they discussed the footage of This Is It being subpoenad from Sony and was told they would not have before trial began and couldn't get to them until if I recall coorectly around the 4th. Chernoff or Flanagan asked Judge Pastor to make the prosecution wait before calling Kenny Ortega to testify until after they'd had time to review the raw footage once Sony had turned it over to them. Judge Pastor said if the subpoena was issued for a certain date for the material to be delivered then he would not address that issue until then and that Sony would need to comply with the subpoena. He declined the defenses request to make the prosecution wait for Otrtega's testimony after Walgren informed the court they would have to juggle a lot of things around to accomodate the defenses request adding that Ortega would be out of town at some point and it would be difficult to move their witnesses around.
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