APPEARANCES: DEFENDANT CONRAD ROBERT MURRAY, PRESENT, REPRESENTED BY EDWARD M. CHERNOFF, J. MICHAEL FLANAGAN, AND NAREG
PEOPLE REPRESENTED BY DAVID WALGREN AND DEBORAH BRAZIL, DEPUTIES DISTRICT ATTORNEY,
(THE FOLLOWING PROCEEDINGS WERE HELD IN CHAMBERS WITH ALL COUNSEL PRESENT.)
THE COURT: WE ARE IN CHAMBERS ON THE PUBLIC RECORD IN PEOPLE VERSUS CONRAD MURRAY. WE HAVE MR. WALGREN, MS. BRAZIL, MR. CHERNOFF, MR. GOURJIAN, AND MR. FLANAGAN. GOOD MORNING, EVERYONE. YESTERDAY, LATE AFTERNOON, AFTER COUNSEL HAD LEFT, THE COURT WAS ADVISED THAT THERE WAS A PROSPECTIVE OLDER JUROR WHO WAS HAVING MAJOR, MAJOR ISSUES WITH THE PROCEEDINGS. IT APPEARED HE WAS KIND OF OUT OF IT, AND HE INDICATED THAT HE HAD JUST SUFFERED A STROKE — NOT YESTERDAY — BUT WAS EXPERIENCING SOME PROBLEMS, AND I SAID HE SHOULD BEING EXCUSED. HE, FORTUNATELY, DID NOT REQUIRE MEDICAL ASSISTANCE. I BELIEVE HE MAY HAVE GOTTEN SOMEBODY ELSE TO TAKE HIM HOME, BUT I DIDN’T WANT TO KEEP HIM IN THE FACILITY ANY MORE. THIS IS JUROR WITH THE LAST FOUR DIGITS 6048 FROM WHAT I GATHER. DO YOU HAVE A LIST?
MS. BRAZIL: I DO. I KNOW COUNSEL WAS WRITING. I WANT TO SEE IF I HAVE THE RIGHT NUMBER.
THE COURT: 0648. I APOLOGIZE. 0648.
MR. CHERNOFF: IS THIS ONE THAT SAID, “YES, NO PROBLEM.”
THE COURT: RIGHT. I KNOW SOME OF YOU WERE WRITING DOWN NUMBERS. DO COUNSEL HAVE IT, OR IS IT POSSIBLE I HAVE THE WRONG LAST FOUR DIGITS?
MS. BRAZIL: I THINK IT IS POSSIBLE THE COURT HAS THE NUMBER. I HAVE 6048, RETIRED JUROR, DID NOT STATE HIS MONTHLY EXPENSES BUT CLAIMED HARDSHIP.
MR. FLANAGAN: THAT IS A DIFFERENT ONE. YOU ARE SAYING 0648?
THE COURT: IT IS VERY INTERESTING.
MR. FLANAGAN: THAT IS THE ONE WE HAD IN A COUPLE TIMES.
MS. BRAZIL: NEITHER YOURSELF NOR MR. CHERNOFF HAS A JUROR NO. 0648.
MR. CHERNOFF: WE HAVE 6058.
MR. WALGREN: IT SAYS 6048.
THE COURT: I THINK THE NUMBER ON THE RIGHT-HAND SIDE IS THE NUMBER THAT MAY BE THE JUROR BADGE THAT WAS ASSIGNED. REMEMBER, I TOLD YOU THERE WERE GOING TO BE ALL SORTS OF DIFFERENT NUMBERS, BUT I SHOW IT AS 0648. I’LL HAVE TO DOUBLE-CHECK. I’LL GET BACK TO YOU, BUT WOULD COUNSEL STIPULATE THEN THIS JUROR CAN BE EXCUSED ONCE WE GET THE RIGHT NUMBER BECAUSE OF THE HEALTH ISSUE AND THE FACT THE JUROR WAS NOT ABLE ON HIS OWN TO COMPLETE THE QUESTIONNAIRE. WOULD THE PEOPLE?
MR. WALGREN: YES.
THE COURT: DEFENSE?
MR. CHERNOFF: YES.
MR. FLANAGAN: MY NOTES INDICATE 6048 MAKES $15,000 A YEAR. HE IS RETIRED. AND ALTHOUGH HE WANTED TO BE EXCUSED, HE COULDN’T SHOW A REASON. YOU SAID HE HAD TO SERVE ANYWAY.
MR. WALGREN: IS THAT THE ONE WITH THE LARGE FAMILY OR LARGE NUMBER IN THE HOUSEHOLD?
MR. CHERNOFF: NO, IT WASN’T THE COMMUNE.
THE COURT: SEE, JUROR SERVICES WAS WRITING DOWN INFORMATION ABOUT THIS INDIVIDUAL. IT APPEARS AS THOUGH THE INDIVIDUAL IS 74 YEARS OLD, BORN IN TEXAS. 40 YEARS IN L.A., THOUGH.
MR. CHERNOFF: HE’S OKAY.
THE COURT: I’LL GET YOU THE SPECIFICS. I’M SORRY. I’M JUST GOING ON THE BASIS OF THE INFORMATION I HAVE. THAT WASN’T THE HARDSHIP QUESTIONNAIRE. THIS IS THE PART OF THE JUROR QUESTIONNAIRE, AND I’M GOING TO BE ORDERING THAT THIS PARTICULAR UNFILLED, UNCOMPLETED QUESTIONNAIRE BY THIS PARTICULAR JUROR HIMSELF BE DESTROYED SINCE IT IS NOT PART OF OUR RECORD. WOULD THE PEOPLE SO STIPULATE?
MR. WALGREN: YES, YOUR HONOR.
THE COURT: DEFENSE?
MR. FLANAGAN: YES.
MR. CHERNOFF: YES.
THE COURT: THANK YOU. I’LL GET THE RIGHT NUMBER ONCE I GO DOWN TO THE ASSEMBLY ROOM. I GAVE THE ORIENTATION SPEECH THIS MORNING, THE VERY BASIC WELCOME SPEECH. ALL THE JURORS SHOWED UP EARLY TODAY WITH THE RAIN, AND THE COLD, AND THE TERRIBLE TRAFFIC ACCIDENT ON THE 5 FREEWAY. BUT IT SEEMS TO BE BEAUTIFUL OUT RIGHT NOW. SO I THINK WE WILL HOPEFULLY HAVE THE SAME PLAN THIS MORNING.
MR. CHERNOFF: JUDGE, LET’S SAY 60 OR 50 OR WHATEVER SAY, “NO PROBLEM,” ARE WE DONE THEN?
THE COURT: COUNSEL, I’M NOT SO SURE. IT MAY BE CLOSE. YOU HAVE BEFORE YOU 58 SIGNED QUESTIONNAIRES. WE HAD 59 YESTERDAY. WE STARTED OFF WITH 39. THEN THERE WERE 20 PEOPLE I DENIED HARDSHIP EXCUSES, SO WE WERE AT 59. WE LOST THE ONE GENTLEMAN YESTERDAY AFTERNOON. SO WE HAVE 58 COMPLETED QUESTIONNAIRES. I’VE GONE THROUGH THEM. I WENT THROUGH THEM YESTERDAY EVENING. THERE ARE CERTAIN RESPONSES TO CERTAIN QUESTIONS WHICH MIGHT RAISE CAUSE ISSUES. THAT IS WHY THE ATTORNEYS NEED TO GET TOGETHER AND GO OVER THEM. IT KIND OF DEPENDS ON WHAT KIND OF RESPONSE WE GET.
MR. FLANAGAN: HOW MANY OF THOSE QUESTIONNAIRES DO YOU THINK DON’T RAISE AN OBVIOUS CAUSE ISSUE TO YOU, OR OBVIOUS POTENTIAL CAUSE ISSUE?
THE COURT: THAT IS TOUGH FOR ME TO SAY. WHAT I COULD MENTION IS THAT WE MIGHT BE CLOSE TO THE ORIGINAL NUMBER OF THE 40. I DON’T KNOW. YOU WILL HAVE TO TAKE A LOOK AND SEE YOURSELF. THERE ARE PEOPLE WHO HAVE EXPRESSED CERTAIN VIEWPOINTS THAT MIGHT CAUSE CONCERN. SO IF WE GET A SIMILAR TYPE OF TALLY TODAY, THAT MAY BE A LITTLE UNCOMFORTABLE. WE WILL HAVE TO REGROUP. I’VE BEEN ADVISED BY JUROR SERVICES THAT IT WOULD BE IMPOSSIBLE TO RESUME SCREENING BASICALLY NEXT WEEK, AND CERTAINLY NOT MONDAY AND TUESDAY. MONDAY AND TUESDAY ARE THE HEAVIEST DAYS FOR TRIALS IN THIS BUILDING. WE CAN HAVE A SIGNIFICANT NUMBER OF TRIALS, ESPECIALLY WITH LARGE PANELS. THE JUROR SERVICES SIMPLY CANNOT DEVOTE A JURY ROOM TO JURORS, AND THEY DON’T HAVE THE REQUISITE NUMBER OF PROSPECTIVE JURORS COMING IN TO SATISFY US.
THE SCENARIO MIGHT BE, IF WE HAVE TO GET TO THAT POINT, THAT WE LITERALLY PUT OVER JURY SELECTION UNTIL THE WEDNESDAY OR THURSDAY IN THE FIRST WEEK IN APRIL. BASICALLY, IN ESSENCE, TWO WEEKS FROM YESTERDAY. THAT IS WHY WE JUST HAVE TO SEE WHAT HAPPENS TODAY. IT IS NOT A SCENARIO I HAD ENVISIONED NOR WOULD WANT, BUT THIS IS THE REALITY. BUT THINGS CAN CHANGE ON A DAILY BASIS. I HAVE NO IDEA ABOUT THE RESPONSE RATE FROM THIS PARTICULAR PANEL. WE WILL KNOW A LITTLE LATER. I’LL COME ON OUT AND GREET THE PUBLIC AND MAKE THE SAME BASIC STATEMENTS ABOUT CONDUCT AND ABOUT MOVING TO THE FIFTH FLOOR THAT I MADE YESTERDAY, AND WE SHOULD BE MOVING IN MAYBE THE NEXT 15, 20 MINUTES OR SO. SOMEWHERE AROUND 9:00-ISH. WE WILL KEEP YOU INFORMED. ALL RIGHT.
MR. WALGREN: THANK YOU YOUR HONOR.
THE COURT: THANK YOU ALL.
MR. GOURJIAN: THANK YOU.
(FURTHER IN CAMERA PROCEEDINGS, PAGES 307-310, HAVE 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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(8:50 A.M., FURTHER PROCEEDINGS WERE HELD IN OPEN COURT.)
THE COURT: IN THE CASE OF PEOPLE VERSUS CONRAD ROBERT MURRAY, CASE SA073164, DR. MURRAY IS PRESENT WITH HIS THREE COUNSEL. THE PEOPLE ARE REPRESENTED BY THEIR TWO COUNSEL, AND I WISH EVERYONE GOOD MORNING, ESPECIALLY TO THOSE IN THE AUDIENCE WHO HAVE TO BEAR WITH US. I INDICATED TO COUNSEL I ONCE AGAIN DELIVERED THE BASIC WELCOME ORIENTATION TO PROSPECTIVE JURORS WHICH IS SOMETHING THAT HAPPENS EVERY DAY IN THE LOS ANGELES SUPERIOR COURTS. THEY ARE ALL THERE, AGAIN APPROXIMATELY 160. SO THE JUROR SERVICES STAFF ARE PROCESSING THE PROSPECTIVE JURORS AND SHOULD BE READY WITH US IN A SHORT PERIOD OF TIME.
ONCE AGAIN, FOR THOSE WHO MAY NOT HAVE BEEN HERE YESTERDAY, LET ME INDICATE THAT THE INTRODUCTION OF THIS CASE WILL TAKE PLACE IN THE FIFTH FLOOR JURY ASSEMBLY ROOM. IT WILL BE AN OPEN, PUBLIC COURTROOM. ALL OF THE PARTIES IN THIS CASE AND OUR STAFF WILL BE THERE. MEMBERS OF THE PUBLIC WILL BE THERE, AND THE COURT WILL INTRODUCE THE CASE. PLEASE BEAR IN MIND AND FOLLOW TO THE LETTER THESE ADMONITIONS. YOU ARE NOT TO IN ANY WAY CONTACT OR COMMUNICATE WITH THE PROSPECTIVE JURORS. YOU ARE NOT TO SAY ANYTHING TO THEM, TALK TO THEM, HAVE ANY VERBAL OR NONVERBAL COMMUNICATION WITH THEM. YOU ARE NOT TO REACT TO ANYTHING THAT TRANSPIRES DURING THE PROCEEDINGS. WE WITH WELCOMING THE PUBLIC, BUT WE RECOGNIZE THAT JURORS MUST REMAIN UNTAINTED BY ANYTHING THAT GOES ON IN THAT JURY ROOM DURING THE INTRODUCTION AND VOIR DIRE PROCESS. AFTER I COMPLETE THE INTRODUCTION, ALL OF US WILL LEAVE AND THEN THE JURORS WILL FILL OUT THE HARDSHIP QUESTIONNAIRE AND WE WILL FOLLOW THE SAME PROCEDURE WE DID YESTERDAY, WHICH IS TO HAVE THE JURORS FILL OUT THOSE QUESTIONNAIRES AND THEY WILL BE RETURNED TO US AS QUICKLYAS POSSIBLE. THE ATTORNEYS AND I WILL GO OVER THE HARDSHIP QUESTIONNAIRES AND MAKE A DETERMINATION OF WHICH JURORS WILL GO TO THE NEXT STEP. THE NEXT STEP WILL BE JURORS FILLING OUT THE 29-PAGE QUESTIONNAIRE. IT WENT VERY SMOOTHLY YESTERDAY, AND I HOPE IT WILL GO AS SMOOTHLY TODAY. SO THAT IS THE PLAN. MS. HEARN, IS THERE ANYTHING ELSE I SHOULD BE ADDRESSING?
MS. HEARN: ADMONISHING THE PUBLIC REGARDING JUROR CONTACT.
THE COURT: I THOUGHT I DID. I’LL GO FURTHER. MAY HAVE JUST RESTRICTED IT TO THE JURY ROOM. AT NO TIME, AT NO PLACE, SHOULD ANY NON-JUROR BE APPROACHING ANY JUROR AND SPEAKING TO THAT JUROR, ENGAGING IN ANY VERBAL OR NONVERBAL COMMUNICATION, NOR SHOULD ANY NON-JUROR BE HANDING TO A PROSPECTIVE JUROR IN THIS CASE ANY BUSINESS CARD OR OTHERWISE PROVIDING TO THE JUROR ANY INFORMATION SO THAT AT A LATER POINT IN TIME THAT PROSPECTIVE JUROR CAN CONTACT A PERSON OR AN ENTITY. WE DON’T WANT ANY OF THAT GOING ON. WOULD THERE BE ANYTHING ELSE? THAT IS WHAT I HAD MISSED.
MS. HEARN: THANK YOU.
THE COURT: COUNSEL, DO YOU HAVE ANYTHING TO ADD? DO THE PEOPLE?
MR. WALGREN: NO, YOUR HONOR.
THE COURT: DO THE DEFENSE?
MR. CHERNOFF: NO, JUDGE. THANK YOU.
THE COURT: BEAR WITH US FOR A FEW MOMENTS. AT THE APPROPRIATE TIME, THE STAFF AND THE SHERIFF WILL BE ESCORTING MEMBERS OF THE PUBLIC TO THE ASSEMBLY ROOM AND WE WILL BE JOINING THEM. THEN AFTER THOSE PROCEEDINGS ARE CONCLUDED, WE WILL REGROUP HERE FOR FURTHER PROCEEDINGS. THANKS, ALL OF YOU.
(PAUSE IN PROCEEDINGS.)
(AN IN CHAMBERS CONFERENCE, PAGES 314-320, 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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(9:15 A.M., FURTHER PROCEEDINGS WERE HELD IN THE JURY ASSEMBLY ROOM, WITH ALL PARTIES AND PROSPECTIVE JURORS PRESENT.)
THE COURT: LET ME CALL THE CASE OF PEOPLE VERSUS CONRAD ROBERT MURRAY. DR. MURRAY IS PRESENT IN COURT WITH HIS THREE COUNSEL. THE PEOPLE BY THEIR TWO COUNSEL. THIS IS DEPARTMENT 107 CONDUCTING COURT PROCEEDINGS IN THE JURY ASSEMBLY ROOM ON THE FIFTH FLOOR OF THE CLARA SHORTRIDGE FOLTZ CRIMINAL JUSTICE CENTER IN DOWNTOWN LOS ANGELES. THIS IS A PUBLIC, OPEN COURTROOM. WE HAVE A SIGNIFICANT NUMBER OF PROSPECTIVE JURORS HERE TODAY AS WELL AS THE MEMBERS OF THE PUBLIC, INCLUDING MEMBERS OF THE MEDIA.
THERE ARE TELEVISION SCREENS. LET ME INDICATE, LADIES AND GENTLEMEN, THESE SCREENS ARE CLOSED-CIRCUIT SCREENS JUST TO MAKE IT A LITTLE EASIER FOR YOU TO VIEW. THEY ARE NOT BEING BROADCAST ANYWHERE ELSE. IN A FEW MOMENTS, MS. SAMMIE BENSON, WHO IS THE COURT CLERK AND JUDICIAL ASSISTANT IN DEPARTMENT 107, IS GOING TO BE ADMINISTERING AN OATH OF JUROR SERVICE TO EACH OF THE PROSPECTIVE JURORS CALLED TO SERVE TODAY. LISTEN CAREFULLY, PLEASE, TO THE WORDS OF THE OATH. THEY ARE NOT BARE, BALD WORDS. THEY HAVE SIGNIFICANT MEANING. ONCE YOU TAKE THE OATH, ANY AND ALL ANSWERS YOU PROVIDE TO US, WHETHER IN WRITTEN FORM OR IN ORAL FORM, ARE PROVIDED UNDER PAIN AND PENALTY OF PERJURY. SO PLEASE LISTEN TO THE OATH. AT THIS TIME I’LL ASK MS. BENSON, THE COURT CLERK AND JUDICIAL ASSISTANT, TO ADMINISTER THE OATH TO PROSPECTIVE JURORS.
THE CLERK: WILL ALL JURORS PLEASE RISE. PLEASE LISTEN TO THE FOLLOWING STATEMENT: 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 NOW PENDING BEFORE THIS COURT, AND THAT FAILURE TO DO SO MAY SUBJECT YOU TO CRIMINAL PROSECUTION. IF YOU AGREE WITH THIS, PLEASE ANSWER BY SAYING YES.
THE PROSPECTIVE JURORS: YES.
THE CLERK: YOU MAY BE SEATED.
THE COURT: I RECOGNIZE YOU FROM JUST A FEW MINUTES EARLIER, LADIES AND GENTLEMEN, WHEN COURT STAFF WAS HERE TO PROVIDE YOU WITH THE WELCOMING TO JUROR SERVICE. AND MY COMMENTS THEN ALSO APPLY NOW.
WELCOME TO JURY SERVICE. WE GENUINELY APPRECIATE YOUR APPEARANCE. LADIES AND GENTLEMEN, YOUR SERVICES ARE REQUIRED TODAY AS PROSPECTIVE JURORS IN A CRIMINAL CASE. THE TITLE OF THE CASE IS THE PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF, VERSUS CONRAD ROBERT MURRAY, DEFENDANT. IT IS CASE NO. SA073164. IN THIS CASE, THE PEOPLE, THE STATE OF CALIFORNIA, AS PLAINTIFF, HAVE CHARGED THE DEFENDANT, CONRAD ROBERT MURRAY, WITH A VIOLATION OF PENAL CODE SECTION 192(B), WHICH ALLEGES THAT ON THE DATE OF JUNE 25, 2009, IN THE COUNTY OF LOS ANGELES, THE DEFENDANT DID UNLAWFULLY AND WITHOUT MALICE AFORETHOUGHT KILL MICHAEL JACKSON. TO THIS CHARGE, DR. MURRAY HAS ENTERED A PLEA OF NOT GUILTY. THIS IS A TOTAL DENIAL OF HAVING COMMITTED THE CHARGE.
THIS IS THE TIME AND PLACE SET FOR A JURY TRIAL IN THIS MATTER, AND IT WILL BE FOR A JURY OF 12 PERSONS TO DETERMINE WHETHER OR NOT DR. MURRAY IS TO BE FOUND GUILTY OR NOT GUILTY OF THE CHARGE. THIS INCIDENT INVOLVES A CHARGE SURROUNDING THE DEATH OF ENTERTAINER MICHAEL JACKSON. MY QUESTION TO THOSE OF YOU ASSEMBLED AS PROSPECTIVE JURORS IS, BY A SHOW OF HANDS, PLEASE INDICATE IF YOU HAVE NOT HEARD ABOUT THIS CASE. IF YOU HAVE NOT HEARD ABOUT THIS CASE, PLEASE RAISE YOUR HAND.
SERGEANT PARRA: ONE PROSPECTIVE JUROR.
THE COURT: THANK YOU. LADIES AND GENTLEMEN, WE ARE BEGINNING THE PROCESS OF JURY SELECTION IN THIS CASE. I WANT TO AT THIS POINT IN TIME PROVIDE YOU WITH AN INTRODUCTION TO THE PARTICIPANTS IN THIS CASE. FIRST, LET ME INTRODUCE THE PROSECUTION TEAM IN THIS CASE. DEPUTY DISTRICT ATTORNEY MR. DAVID WALGREN.
MR. WALGREN: GOOD MORNING.
THE PROSPECTIVE JURORS: GOOD MORNING.
THE COURT: DEPUTY DISTRICT ATTORNEY MS. DEBORAH BRAZIL.
MS. BRAZIL: GOOD MORNING.
THE PROSPECTIVE JURORS: GOOD MORNING.
THE COURT: THE DEFENDANT IN THE CASE, DR. CONRAD ROBERT MURRAY.
THE DEFENDANT: GOOD MORNING, LADIES AND GENTLEMEN.
THE PROSPECTIVE JURORS: GOOD MORNING.
THE COURT: DR. MURRAY IS REPRESENTED BY HIS COUNSEL, MR. EDWARD CHERNOFF.
MR. CHERNOFF: GOOD MORNING.
THE PROSPECTIVE JURORS: GOOD MORNING.
THE COURT: MR. J. MICHAEL FLANAGAN.
MR. FLANAGAN: GOOD MORNING, LADIES AND GENTLEMEN.
THE PROSPECTIVE JURORS: GOOD MORNING.
THE COURT: AND MR. NAREG GOURJIAN.
MR. GOURJIAN: GOOD MORNING.
THE COURT: THANK YOU. LADIES AND GENTLEMEN, LET ME GIVE YOU AN IDEA OF HOW WE ARE GOING TO PROCEED WITH THE PROCESS TODAY. WE ACTUALLY ARE A COURTROOM IN THE JURY ASSEMBLY ROOM. WE HAVE DECIDED TO COME TO YOU BECAUSE IT WILL MAKE THINGS A LITTLE EASIER FOR YOU NOT HAVING TO NAVIGATE THE REALLY HORRIBLE ELEVATORS IN THIS BUILDING, AND I COMMEND YOU FOR BEING HERE ON TIME THIS MORNING. I DON’T KNOW HOW YOU DID IT WITH THE RAIN. OF COURSE, TRAFFIC, GETTING THROUGH SECURITY, HAVING TO USE THOSE ELEVATORS, AND YOU DID IT. WE ARE VERY GRATEFUL. WE DON’T WANT TO HAVE YOU UNDERTAKE ANY MORE RESPONSIBILITY OR UNDERGO ANY MORE ROAD BLOCKS. THAT IS WHY WE DECIDED TO COME TO YOU. THIS IS AN OPEN, PUBLIC COURTROOM RIGHT NOW. WE ARE GOING TO BEGIN WITH THE PROCESS OF JURY SELECTION IN THIS CASE. LET ME EXPLAIN TO YOU THAT THE TIME ESTIMATE IN THIS CASE IS BETWEEN 40 AND 45 COURT DAYS. THAT IS 40 TO 45 COURT DAYS.
WE ARE GOING TO BE UNDERTAKING THE BEGINNING OF THE JURY SELECTION PROCESS TODAY. FOR THOSE PROSPECTIVE JURORS WHO ARE ABLE TO SERVE ON THIS CASE, THOSE JURORS WILL COME BACK FOR RESUMPTION OF JURY SELECTION ON MAY THE 4TH, 2011, WHICH IS A WEDNESDAY. BETWEEN NOW AND MAY 4TH, FOR THOSE JURORS WHO ARE ABLE TO SERVE ON THIS CASE, YOU CAN GET BACK TO YOUR OTHER IMPORTANT RESPONSIBILITIES IN LIFE, RETURNING ON MAY THE 4TH, 2011, FOR THE RESUMPTION OF JURY SELECTION PROCEEDINGS. WE EXPECT THAT THE PRESENTATION OF BEGINNING JURY INSTRUCTIONS, THE OPENING STATEMENTS OF COUNSEL, AND THE COMMENCEMENT OF THE EVIDENCE IN THE CASE WILL START ON MONDAY, MAY THE 9TH, 2011. SO BEGINNING JURY INSTRUCTIONS, AND OPENING STATEMENTS OF THE ATTORNEYS, AND EVIDENCE WILL BEGIN ON MAY 9, 2011. AND THE TIME ESTIMATE IN THIS CASE IS THAT JURORS WOULD REALISTICALLY BE EXPECTED TO SERVE THROUGH THE 1ST OF JULY. SO ONCE AGAIN, JURORS WOULD BE COMING BACK ON MAY 4TH FOR FURTHER JURY SELECTION PROCEEDINGS. WE WOULD BE PICKING A JURY. FOR THOSE JURORS WHO ARE ON THE JURY OR WHO ARE ALTERNATES, THE OTHER PROCEEDINGS IN THE CASE WILL START ON THE 9TH OF MAY OF 2011, AND THE CASE BEING APPROXIMATELY 40 TO 45 DAYS IN LENGTH WOULD TAKE US THROUGH THE 1ST OF JULY OF 2011. SO THAT IS THE BLOCK OF TIME. TODAY, MAY 4TH FOR A FEW DAYS, RESUMING ON MAY THE 9TH THROUGH THE 1ST OF JULY OF 2011. SO THAT IS THE BLOCK OF TIME. I’LL REPEAT IT. THERE IS A LOT OF DIFFERENT NUMBERS IN THERE.
THE TRIAL ITSELF, ABOUT 40 TO 45 DAYS, RESUMING JURY SELECTION ON MAY 4TH. OTHER SIGNIFICANT ASPECTS OF THE TRIAL RESUMING MAY 9, TAKING US THROUGH THE 1ST OF JULY OF 2011. DURING THAT TIME FRAME, WE ARE GOING TO BE DARK AND NOT IN SESSION ON MAY 30, 2011. MAY 30 IS MEMORIAL DAY. IT IS A STATE AND FEDERAL HOLIDAY. WE WILL NOT BE IN SESSION ON MAY 30. WE ALSO WILL NOT BE IN SESSION ON THE 13TH OF JUNE. THERE MAY BE OTHER DAYS BETWEEN MAY 4TH AND JULY 1ST WHEN WE ARE NOT SESSION DEPENDING UPON SCHEDULING. WE WILL TRY TO GIVE YOU AS MUCH ADVANCE NOTICE AS WE CAN. SO THAT IS THE BLOCK OF TIME INVOLVED IN THIS CASE. AFTER THE ATTORNEYS AND I AND DR. MURRAY LEAVE THIS MORNING, THE JURY COMMISSIONER STAFF WILL BE ADVISING YOU ABOUT CERTAIN QUESTIONNAIRES THAT WILL BE HANDED OUT TO YOU. AT FIRST, YOU WILL BE HANDED WHAT IS CALLED A HARDSHIP QUESTIONNAIRE. THIS IS A THREE-PAGE DOCUMENT WHICH ASKS UNDER PENALTY OF PERJURY IF YOU ARE ABLE TO SERVE ON THIS CASE; OR, IF YOU ARE NOT, IF YOU ARE CLAIMING A HARDSHIP, THE NATURE OF THE HARDSHIP. WHEN YOU GET THE QUESTIONNAIRE, IF YOU ARE ABLE TO SERVE ON THE CASE AND ARE NOT CLAIMING ANY HARDSHIP IN SERVING THROUGH THAT DATE OF JULY 1ST, JUST CHECK THE BIG YES COLUMN, AND I ENCOURAGE YOU TO CHECK THE YES COLUMN. YOU CAN JUST STOP RIGHT THERE ON THOSE PAGES. TURN TO THE LAST PAGE, AND THE JURY COMMISSIONER’S OFFICE REPRESENTATIVES WILL TELL YOU THIS TURN TO THE LAST PAGE, AND YOU SIGN THAT UNDER PENALTY OF PERJURY. THAT ENDS YOUR RESPONSIBILITY TO THAT QUESTIONNAIRE IF YOU ARE ABLE TO SERVE. IF YOU ARE NOT ABLE TO SERVE ON THE CASE AND ARE CLAIMING A HARDSHIP, YOU MUST ANSWER QUESTIONS AND AGAIN THOSE QUESTIONS ARE UNDER PENALTY OF PERJURY. IS IT INCOME OR FINANCIAL HARDSHIP. YOU WILL BE REQUIRED TO PROVIDE CERTAIN INFORMATION ABOUT THAT TO JUSTIFY BEING EXCUSED FOR HARDSHIP.
ALL JURORS ARE EXPECTED TO SERVE AS PART OF THEIR CIVIC OBLIGATIONS AS CITIZENS OF THIS COUNTRY, UNLESS THERE IS AN EXTREME HARDSHIP. SO IF YOU ARE CLAIMING A HARDSHIP, AND IT IS FINANCIALLY BASED, YOU WILL BE ASKED TO FILL OUT VARIOUS QUESTIONS REGARDING THOSE FINANCIAL ISSUES. IF THERE IS ANOTHER TYPE OF HARDSHIP, FULL-TIME STUDENT WHO CANNOT ADJUST HIS OR HER SCHEDULE, FULL-TIME TEACHER WHO CANNOT ADJUST HIS OR HER SCHEDULE, OTHER RESPONSIBILITIES, PREPLANNED VACATION WITH TICKETS, PREPLANNED BUSINESS TRIP, YOU INDICATE THE BASIS YOU ARE CLAIMING AS AN EXTREME HARDSHIP. NOW, THERE IS A CATCH-ALL QUESTION AT THE END WHICH ASKS FOR ANY OTHER HARDSHIP YOU WOULD BE CLAIMING THAT MAY NOT BE LISTED. IF THERE IS ANOTHER HARDSHIP YOU ARE CLAIMING WHICH IS NOT LISTED, YOU FILL IN THAT PARTICULAR PORTION OF THE QUESTIONNAIRE. ALL OF YOU MUST SIGN UNDER PENALTY OF PERJURY THE LAST PAGE OF THE QUESTIONNAIRE. THAT LAST PAGE WILL ASK FOR YOUR SIGNATURE. IT WILL BE REMOVED. IT IS NOT PART OF THE PUBLIC RECORD IN THIS CASE. ALL OF THESE PROCEEDINGS, LADIES AND GENTLEMEN, ARE PUBLIC PROCEEDINGS AND THAT INCLUDES THE ANSWERS TO THE QUESTIONNAIRE.
YOU SHOULD UNDERSTAND THAT THE ONLY INFORMATION ON THE QUESTIONNAIRE THAT DEALS WITH YOU IS NUMERICAL. IT HAS TO DO WITH JUROR IDENTIFICATION NUMBERS. THE QUESTIONNAIRE HAS A SIGNATURE PAGE. THAT IS REMOVED. THAT PORTION THAT HAS A SIGNATURE PAGE IS REMOVED. THAT IS NOT PART OF THE PUBLIC RECORD. IF YOU ARE ABLE TO SERVE ON THIS CASE, IN THIS COURT’S DECISION, AND IT IS MY CALL, YOU MAY BE CLAIMING A HARDSHIP AND ULTIMATELY I’M GOING REVIEW IT. I’LL DISCUSS IT WITH THE ATTORNEYS, BUT IT IS MY CALL AND I’LL DETERMINE IF THE COURT FINDS THAT ANY REQUEST FOR HARDSHIP SHOULD BE GRANTED OR EXCUSED. IF I FIND THAT THE REQUEST SHOULD BE NOT HONORED BY ME, I WILL DENY YOUR REQUEST AND YOU WILL BE IN THE POOL OF PROSPECTIVE JURORS. WE WILL KNOW THAT MIDMORNING OR SO AS QUICKLY AS WE CAN.
IF YOU HAVE GONE THROUGH THE HARDSHIP STAGE AND HAVE NOT BEEN EXCUSED, THEN YOU WILL BE CONSIDERED AS PROSPECTIVE JURORS IN THIS CASE. AT THAT POINT YOU WILL BE PROVIDED WITH A 29-PAGE QUESTIONNAIRE WHICH ASKS FOR A LOT OF INFORMATION. THAT QUESTIONNAIRE AS WELL IS FILLED OUT UNDER PAIN AND PENALTY OF PERJURY. THAT
QUESTIONNAIRE IS PART OF THE PUBLIC RECORD IN THIS CASE. THE ONLY INFORMATION ON THAT QUESTIONNAIRE IN TERMS OF IDENTIFICATION IS NUMERICAL. IT HAS TO DO WITH DIGITS OF BADGE NUMBERS AND ANOTHER NUMBER THAT WILL BE GIVEN YOU. IT IS SO LONG, IT MAKES YOUR SOCIAL SECURITY NUMBER LOOK MEMORABLE. SO THE IMPORTANT THING TO UNDERSTAND IS THE QUESTIONNAIRE IS A PUBLIC DOCUMENT, BUT YOU WILL REMAIN ANONYMOUS. YOUR NAMES WILL BE CONFIDENTIAL ABSENT FURTHER ORDER OF THIS COURT. WHEN YOU COMPLETE THE QUESTIONNAIRE, YOU WILL SIGN THE LAST PAGE, WHICH IS A CERTIFICATION UNDER PENALTY OF PERJURY THAT YOUR ANSWERS ARE TRUE AND CORRECT. THAT SIGNED PAGE WITH YOUR NAME ON IT IS REMOVED. IT IS NOT PART OF THE PUBLIC RECORD IN THIS CASE. THAT IS WHY WE EXPECT AND, QUITE FRANKLY, INSIST ON TOTALLY OPEN, CANDID ANSWERS.
YOU WILL NOTE THAT THERE IS AN INTRODUCTORY PAGE TO THE QUESTIONNAIRE WHICH WILL GIVE YOU SOME DIRECTIONS ABOUT THE QUESTIONNAIRE IN TERMS OF A PARTICULAR QUESTION. IF YOU FEEL UNCOMFORTABLE IN ANSWERING IT, YOU CAN PUT A REQUEST FOR CONFIDENTIALITY. I MUST TELL YOU IF YOU MAKE SUCH A REQUEST, WE PROCEED AND WE ASK YOU QUESTIONS AT SIDEBAR, BUT THAT INFORMATION IS ALSO PUBLIC INFORMATION UNLESS I DETERMINE OTHERWISE. BUT YOU CAN REQUEST CONFIDENTIALITY. BUT, REMEMBER, NONE OF THIS IS CONNECTED TO YOU BY NAME UNLESS THE COURT DETERMINES OTHERWISE. IF YOU DON’T UNDERSTAND A QUESTION, JUST PUT A LITTLE QUESTION MARK THAT YOU DON’T UNDERSTAND IT AND AT A LATER POINT IN TIME WE WILL EXPLAIN IT. YOU CAN’T BE CONSULTING WITH ANYBODY, NOT FRIENDS OR FAMILY, NOT MEMBERS OF THE STAFF, OR FELLOW JURORS, ABOUT ANY QUESTIONS OR ANSWERS. THIS IS YOUR OWN WORK PRODUCT. SO PLEASE BEAR THAT IN MIND THAT YOU HAVE TO SIGN UNDER PENALTY OF PERJURY THAT IT IS YOUR OWN WORK PRODUCT AND YOU HAVEN’T RECEIVED ANY ASSISTANCE IN COMPLETING IT.
I DO ENCOURAGE YOU TO SERVE AND ENCOURAGE YOU TO APPROACH THE QUESTIONNAIRE WITH THE KIND OF INTEGRITY WHICH I’M SURE GUIDES YOUR EVERYDAY LIVES. SO THAT IS HOW WE EXPECT TO PROCEED. THE GOOD NEWS IS YOU WILL BE GIVEN REFRESHMENTS AND SNACKS. WE HAD PROSPECTIVE JURORS YESTERDAY, AND I TOLD THEM THAT THEY ALSO WOULD BE GETTING LUNCH. AND YOU ALSO WILL BE GETTING LUNCH IF YOU ARE GOING TO BE COMPLETING THE LONG QUESTIONNAIRE. AND I TOLD THEM NOT TO EXPECT TOO MUCH. IT WOULDN’T BE ONE OF THE GREAT CULINARY EXPERIENCES OF THEIR LIVES. QUITE FRANKLY, I WAS MISTAKEN. THE FOOD WAS REALLY, REALLY GOOD. A WONDERFUL SANDWICH. IF THERE ARE VEGANS AND
GLUTEN INTOLERANT FOLKS, WE CAN MAKE THOSE ARRANGEMENTS TO THROW THE MEAT AND CHEESE AT YOU RATHER THAN THE BREAD. THERE ARE SALADS. THERE ARE COOKIES, DRINKS. MY HEAVENS, WHAT MORE CAN YOU ASK FOR, LADIES AND GENTLEMEN, FROM THE L.A. SUPERIOR COURT. THE FOOD ACTUALLY HAD BREAD THAT WAS AMAZING.
SO FOR THOSE OF YOU WHO REFUSE IT, BY ALL MEANS JUST PUT A LITTLE NOTE ON THERE, “SEND IT TO PASTOR,” AND HE WILL EAT IT. I’M NOT MAKING LIGHT BECAUSE THIS IS A VERY, VERY IMPORTANT PROCEEDING FOR THOSE INVOLVED. I AM SURE YOU UNDERSTAND THAT. I’M SURE YOU UNDERSTAND YOUR IMPORTANT RESPONSIBILITY. YOU ARE THE FOUNDATION OF OUR CRIMINAL JUSTICE SYSTEM, LADIES AND GENTLEMEN, AND OUR DEMOCRACY. THERE ARE SO MANY COUNTRIES AROUND THIS PLANET THAT DO NOT HAVE THE RIGHT TO A JURY TRIAL. WE DO. IT IS ONE OF OUR CHERISHED VALUES AND FREEDOMS. AS I MENTIONED TO YOU THIS MORNING, AND IT BEARS REPEATING, WE HAVE AMERICANS, YOUNG MEN, YOUNG WOMEN, AND NOT SO YOUNG MEN AND NOT SO YOUNG WOMEN, RIGHT NOW STANDING UP FOR THOSE FREEDOMS, REPRESENTING ALL OF US AND THEY DESERVE OUR AMAZING SUPPORT. THEY ARE DOING IT FOR US.
WE ASK THAT YOU RECOGNIZE YOUR RESPONSIBILITY AS CITIZENS TO DO WHATEVER YOU CAN FOR THIS COUNTRY AND FOR THE REST OF US. SO PLEASE BEAR ALL OF THOSE THOUGHTS IN MIND AS YOU GO THROUGH THE PROCESS. FOR THOSE OF YOU WHO HAVE WILLINGNESS TO SERVE AND WHOM I’VE DETERMINED CAN SERVE, WHEN YOU LEAVE TODAY AND WHEN YOU ARE ORDERED BACK ON MAY THE FOURTH, YOU ARE GOING TO BE GIVEN SOME INFORMATION SHEETS. AND ATTACHED TO THE INFORMATION SHEETS IS GOING TO BE A COURT ORDER WHICH I’M SHOWING YOU. IT IS ON TWO SIDES OF A PAPER SO DON’T THINK YOU HAVE FINISHED IT WHEN YOU JUST READ SIDE ONE. TURN IT OVER.
I’M GOING TO DELIVER THESE ORDERS AND ADMONITIONS TO YOU NOW BECAUSE THEY ARE SO IMPORTANT. THEY ARE GOING TO BE IN WRITTEN FORM FOR YOU AS WELL. IT IS TITLED “ADMONITIONS/ORDERS TO PROSPECTIVE 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 ANYBODY ELSE, INCLUDING, BUT NOT LIMITED TO, YOUR FAMILY, FRIENDS, NEIGHBORS, CO-WORKERS, SPIRITUAL LEADERS OR ADVISERS, 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 ANY TIME OR PLACE.
DO NOT TALK ABOUT THESE SUBJECTS WITH ANY OTHER PROSPECTIVE 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 TELEPHONE, ON THE INTERNET, OR BY ANY OTHER MEANS OF COMMUNICATION WHATSOEVER. YOU KNOW, UP AND TILL A FEW YEARS AGO — I’M DIGRESSING — UP AND TILL A FEW YEARS AGO, WE COULD FEEL COMFORTABLE IN SAYING DON’T COMMUNICATE IN WRITING OR BY TELEPHONE. WELL, WE ALL KNOW WHAT HAS HAPPENED IN THE PAST FEW YEARS. THERE ISN’T A DAY THAT GOES BY THAT WE AREN’T AMAZED BY SOME NEW TECHNOLOGICAL DEVELOPMENT. THAT IS WHY I ADDED THE LAST PHRASE, OR BY ANY OTHER MEANS OF COMMUNICATION WHATSOEVER, BECAUSE I DON’T KNOW WHAT IS COMING DOWN THE PIKE. 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 — YOU CAN GO TO SEE THE MOVIE, BUT FOLLOW THESE ADMONITIONS — 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 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 CASE OR ANY PERSON OR SUBJECT MENTIONED OR INVOLVED IN IT. I 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 STHAT 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 PROSPECTIVE 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 I 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.
MS. GOMEZ, IS THERE ANY OTHER INFORMATION I SHOULD SHARE?
MS. GOMEZ: NO, YOUR HONOR. THANK YOU.
THE COURT: LADIES AND GENTLEMEN, AGAIN THANK YOU. I LEAVE YOU NOW IN THE CAPABLE HANDS OF THE JURY COMMISSIONER AND HER STAFF. AND AGAIN, THANK YOU FOR YOUR WILLINGNESS TO BE PROSPECTIVE JURORS. DEPARTMENT 107 IS NOW IN RECESS AND WE WILL RESUME ON THE NINTH FLOOR OF THE CRIMINAL COURTS BUILDING. THANK YOU.
(FURTHER PROCEEDINGS WERE HELD IN CAMERA.)
(AN IN CAMERA CONFERENCE, PAGES 340-425, 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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(FURTHER PROCEEDINGS WERE HELD IN OPEN COURT WITH ALL PARTIES PRESENT.)
THE COURT: IN DR. MURRAY’S CASE, DR. MURRAY IS PRESENT WITH HIS THREE COUNSEL. THE PEOPLE BY THEIR COUNSEL. THANK YOU, EVERYONE, FOR YOUR PATIENCE. I’VE BEEN MEETING AND CONFERRING WITH COUNSEL AND HAVE COME TO THE CONCLUSION THAT WE SIMPLY DO NOT HAVE A SUFFICIENT NUMBER OF PRESCREENED HARDSHIP QUALIFIED JURORS TO PROCEED WITH JURY SELECTION AT THIS JUNCTURE. THAT WE DO NEED AN ADDITIONAL DAY OF HARDSHIP SCREENING OF JURORS. WE HAD MENTIONED IF WE DID NOT CONCLUDE HARDSHIP SCREENING TODAY, WE WOULD BE ABLE TO RESUME ON MONDAY. AND IN SPEAKING WITH JUROR SERVICES, THAT IS JUST NOT GOING TO HAPPEN. MONDAYS, TUESDAYS, AND WEDNESDAYS ARE EXTRAORDINARILY BUSY IN THIS BUILDING IN TERMS OF CASES BEING SENT OUT FOR TRIAL AND THE OCCUPANCY OF THE JURY ASSEMBLY ROOMS.
THE JURY COMMISSIONER’S OFFICE HAS LET ME KNOW THAT IT WOULD BE A LOGISTICAL PROBLEM FOR US TO CONTINUE WITH JURY SELECTION ON A MONDAY, TUESDAY OR WEDNESDAY. I HAVE MENTIONED THAT AT LENGTH TO COUNSEL AND HAVE INDICATED THAT IN VIEW OF THE FACT THAT THURSDAY OF NEXT WEEK IS A STATE HOLIDAY FOR CESAR CHAVEZ MEMORIAL DAY, THAT NEXT WEEK SIMPLY IS NOT A GOOD TIME TO RESUME. THAT WE WOULD HAVE TO GO TO THE FOLLOWING WEEK, AND THE FOLLOWING THURSDAY WOULD BE THE FIRST AVAILABLE DAY TO RESUME WHEN WE COULD HAVE A LITTLE BIT OF CONTROL OVER THE JURY SELECTION PROCESS. THAT IS THE 7TH OF APRIL 2011 AT 8:30 A.M. IN THIS DEPARTMENT WITH RESUMPTION OF JURY SELECTION.
I WOULD RATHER ERR ON THE SIDE OF HAVING A SUFFICIENT NUMBER OF JURORS THAN RUN INTO A PROBLEM OF NOT HAVING ENOUGH JURORS AND BEING FACED WITH FURTHER DELAY AND INCONVENIENCE TO THE PARTIES AND EVERYBODY ELSE INVOLVED IN THIS CASE. SO I HAVE EXPLAINED THAT TO COUNSEL, AND MY UNDERSTANDING IS COUNSEL ACKNOWLEDGE THE SITUATION AND ARE OKAY WITH IT. FOR THE PEOPLE?
MR. WALGREN: YES, YOUR HONOR.
THE COURT: FOR THE DEFENSE?
MR. CHERNOFF: WE UNDERSTAND, JUDGE.
THE COURT: THANK YOU. SO WHAT WE ARE GOING TO DO IS RESUME WITH JURY SELECTION, HOPEFULLY, FOLLOWING THE SAME LOGISTICAL PLAN AT 8:30 A.M. ON THURSDAY, THE 7TH OF APRIL 2011. WE WILL START OFF IN THIS DEPARTMENT AND GO TO ANOTHER LOCATION THEREAFTER. IT MAY NOT BE THAT SAME LOCATION. IT MAY BE ANOTHER LOCATION, BUT I’LL LET YOU KNOW AT 8:30 A.M. SO THAT IS THE SITUATION. AND AGAIN, I DO BELIEVE IT IS OF OVERRIDING IMPORTANCE THAT WE HAVE A SUFFICIENT NUMBER OF JURORS SO AS TO AVOID INCONVENIENCE DURING THE SELECTION PROCESS. WE ARE GOING TO BE REGROUPING AT 1:30 P.M. ON MONDAY, THE 28TH OF MARCH, 2011, FOR FURTHER PROCEEDINGS AND HEARING. AND IT IS MY UNDERSTANDING FROM THE DEFENSE TEAM THAT, ONCE AGAIN, DR. MURRAY WOULD WAIVE HIS APPEARANCE FOR THAT TYPE OF PROCEEDING OR ANY OTHER NON-JURY SELECTION OR SPECIFIC TRIAL RELATED PROCEEDING SO THAT HE CAN DEAL WITH THE REST OF HIS LIFE.
THE DEFENDANT: THANK YOU, YOUR HONOR.
THE COURT: IS THAT YOUR REQUEST, DR. MURRAY?
THE DEFENDANT: YES.
THE COURT: YOU, ONCE AGAIN, AUTHORIZE YOUR ATTORNEYS TO APPEAR ON YOUR BEHALF PURSUANT TO 977 OF THE PENAL CODE?
THE DEFENDANT: YES.
THE COURT: YOU KNOW, YOUR BOND WOULD STAND DURING THIS TIME FRAME. SO EVERY TIME THE CASE IS ORDERED, THE COURT STILL WOULD HAVE JURISDICTION OVER YOU.
THE DEFENDANT: YES.
THE COURT: DR. MURRAY’S APPEARANCE IS WAIVED FOR THIS MONDAY, THE 28TH. BOND TO STAND DURING ALL PROCEEDINGS. AND, DR. MURRAY, YOU ARE ORDERED TO COME BACK TO RESUME WITH JURY SELECTION PROCESS BY 8:30 A.M. ON 7 APRIL 2011. IS THAT ACKNOWLEDGED, SIR?
THE DEFENDANT: YES, YOUR HONOR.
THE COURT: ALL RIGHT. OTHER THAN THE APPEARANCE ON MONDAY, ANYTHING ELSE TO ADDRESS AT THIS JUNCTURE, MR. WALGREN?
MR. WALGREN: NO, YOUR HONOR.
THE COURT: MS. BRAZIL?
MS. BRAZIL: NO. THANK YOU, YOUR HONOR.
THE COURT: FOR THE DEFENSE TEAM?
MR. CHERNOFF: NO, JUDGE.
THE COURT: MR. GOURJIAN, MR. FLANAGAN?
MR. GOURJIAN: NO.
MR. FLANAGAN: NO.
THE COURT: AGAIN, TO THOSE IN THE AUDIENCE, THANK YOU FOR YOUR PATIENCE DURING THE DAY. IT IS A LONG PROCESS, AND COUNSEL AND I HAVE BEEN WORKING NON-STOP OVER THE QUALIFICATION FOR THE HARDSHIP LIST. AS I INDICATED, IN VIEW OF THE FACT THAT WE ARE NOT COMPLETE WITH THE JURY HARDSHIP SCREENING PROCESS AND STILL HAVE OTHER WORK TO DO, THE BLANK QUESTIONNAIRES WILL REMAIN SEALED PURSUANT TO MY EARLIER ORDERS THROUGHOUT AT LEAST THE 7TH OF APRIL 2011. THANK YOU. HAVE A GOOD ONE.
(THE PROCEEDINGS WERE CONTINUED TO 8:30 A.M., APRIL 7, 2011.)
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