SUMMARY TAKEN FROM OFFICIAL COURT TRANSCRIPTS OF HEARING JUNE 24TH 2011
MURRAY NOT PRESENT: FLANAGAN AND GOURJIAN REPRESENTING
PEOPLE REPRESENTED BY WALGREN AND BRAZIL:
$$ONY PRESENTED BY BOSTWICK(please see notes of previous hearing for all details)
FLANAGAN INFORMS THE COURT MURRAY WILL NOT BE HERE, NO AVAILABLE TODAY!
COURT RECEIVED DOCUMENTATION THAT MURRAY WANTS THE MATTER TAKEN OF CALENDER FOR THE PURPOSES OF ANY MOTION TO QUASH IN VIEW OF THE FACT THE COUNSEL ENTERED INTO SOME AGREEMENT.
BOSTWICK: TELLS THE COURT, AFTER LAST HEARING THEY ENTERED INTO TALKS WITH DEFENSE TO MAKE THE SUBPOENA LESS BROAD, ON THE ADVICE OF THE COURT; A NEW ORDER WAS FILED 22ND JUNE. DEFENSE HAS CUT BACK THE DAY OF REHEARSAL OF JUNE 15TH TO JUNE 24TH, ITS IMPOSSIBLE FOR OUR CLIENT TO IDENTIFY PRECISELY THOSE DAYS, THE AGREEMENT REQUIRES A PROTECTIVE ORDER SO DEFENSE AND PROSECUTION CAN LOOK AT THE BOXES OF INFORMATION AND SOME MATERIAL, IF IT IS NOT REHEARSAL, IF IT INCLUDES PRESS RELEASE, OR PRESS CONFERENCE THAT TOOK PLACE IN LONDON THEN THEY ARE NOT GOING TO GET IT, THEY ARE RESTRICTED AT WHAT THEY CAN LOOK AT!! THE ONLY PROBLEM IS THEY MAY WANT TO LOOK AT SOMETHING AND OUR CLIENT MAY HAVE TO LOOK AT IT FIRST TO SEE IF IT IS REHEARSAL, THIS IS A TWO STAGE PROCESS: DEFENSE CAN MAKE A LOG OF WHAT IT IS THEY WANT, PROSECUTION CAN BE THERE, THEN OUR CLIENT WILL MAKE OBJECTIONS AND RENEW PART OF THE PORTION TO THE MOTION TO QUASH, BUT IT WILL BE HIGHLY RESTRICTIVE TO WHAT IT WAS BEFORE, WE WILL BE HAVING A FIGHT ABOUT WHAT THEY ARE ASKING FOR NO ONE IS TO TALK ABOUT WHAT THEY HAVE SEEN OR LOOKED AT, AND WHAT THE PROCEDURE WAS,, IT IS UNDER STRICT CONFIDENTIALITY CLAUSE. WE REQUIRE FROM THE COURT SIGNIFICANT PROTECTIONS HOPING THE COURT WILL CHOOSE TO SEE WHATEVER THEY HAVE LOGGED.
COURT: I READ THE MATERIAL HOW THE BOXES ARE STORED, NOT MARKED OR CATALOGED, LIKE IN ONES GARAGE, IS THERE SOME ORGANIZATION,
BOSTWICK: ALMOST NONE, THIS IS A UNIQUE SITUATION, LIKE SPIDERMAN MOVIE OR WHAT IS BEING FILMED, MEN IN BLACK III WE HAVE EVERYTHING LOGGED, BUT THIS MATERIAL WAS DOWNTOWN IN DIFFERENT FORMS, AEG AND OTHERS BEGAN TO WORK ON IT BEFORE WE ACQUIRED ANY RIGHTS TO IT. SO SONY DIDN’T HAVE TO DO ANYTHING TO IT OR CHANGE IT, ONCE SONY HAD RIGHTS WE HAD INDEPENDENT CONTRACTORS WORK ON IT, LIKE KENNY, PEOPLE OTHER THEN SONY DID THE EDITING AND CUTTING, THEY HAD THE MISH MASH OF MATERIAL TO MAKE THE FILM. WHEN IT WAS FINISHED THEY JUST PUT IT INTO BOXES GAVE IT BACK TO SONY, WE DID JUST THE COLORIZATIONS AND OTHER THINGS FOR THE FINAL FILM, THAT’S HOW IT CAME TOGETHER, NOT LIKE A NORMAL MOVIE. THERE ARE 21 BOXES THAT INCLUDE ALL MATERIAL WHICH CLEARLY APPEAR TO BE REPRODUCED OR DUPLICATES OF SOME OF THE MATERIAL IN BOXES. THERE HAS NEVER BEEN COMPLETE INVENTORY OF EVERYTHING AND LOG MADE, MOVIE WAS PUT TOGETHER SO FAST, IT’S SIMPLY GONE;
COURT: DEFENSE INDICATES TIME PERIOD JUNE 15TH TO 24TH WHAT IS COVERED IN THAT TIME PERIOD?
BOTWICK: DEFENSE WILL LOOK AT LABEL TO SEE IF IT LOOKS LIKE SOMETHING THEY MAY USE. ONE CAN LOOK AT THAT FOOTAGE TO SEE IF IT’S FOR THOSE DAYS. BUT FIRST SOMEONE FROM SONY WILL LOOK TO SEE IF IT COVERS REHEARSAL, IF NOT THEN IT DOES NOT QUALIFY:
COURT: YOU MENTION LABEL:
BOSTWICK: THERE ARE LABELS ON THE BOXES, ITS DIFFICULT TO SAY, IT SAYS THINGS LIKE FINAL CUT, DOCUMENTS OF PRESS CONFERENCE, HARD DRIVE, 1 OR 2 OR 3, SOMEBODYS DVD’S, THINGS LIKE THAT I DON’T KNOW WHAT THEY MEAN I WOULD BE SPECULATING.
COURT: ASKS DEFENSE TO SPEAK?
GOURJIAN: WHAT IS IMPORTANT HERE IS THAT WE HAVE LIMITED OUR REQUEST FROM 3 MONTHS TO 3 WEEKS;
COURT: BUT I SAID LAST TIME IT SHOULD BE TWO DAYS TIME FRAME
GOURJIAN: WE WILL LET YOU KNOW, THERE MAY BE NOTHING SIGNIFICANT ON THOSE DAYS
COURT: WHY IS JUNE 15 SO IMPORTANT, WHY NOT 24TH OR 14TH OR 16TH, I UNDERSTAND ALL THE PARTIES ARE COOPERATING, BUT WHY NOT TWO DAYS BEFORE 24TH
GOUJIAN: BASED ON DISCUSSION WITH OUR CLIENT ONE WEEK BEFORE MICHAELS DEATH WAS VERY IMPORTANT AND RELEVANT, WE NEED MATERIAL FOR THIS DATE; BASED ON OUR DISCUSSIONS IF ANYTHING DOES EXIST, WOULD BE RELEVANT AND ADMISSIBLE. IT WOULD BE ON THESE DAYS.
COURT: WEEK PRIOR WOULD BE 17TH?
GOURJIAN: WE NEED MONDAY OF THAT WEEK SOMETHING HAPPENED.
(FLANAGAN AND GOURJIAN CONFER)
FLANAGAIN: YOU HONOR THERE WAS A CONFERENCE AT MICHAEL HOME ON THE 20TH, THERE WAS ANOTHER RELEVANT OCCURRENCE ON THE 16TH THE PRODUCERS WERE COMPLAINING ABOUT MICHAEL NOT COOPERATING AND MISSING PRACTICE, THAT HE WAS NOT WELL AT PRACTICE, WE HAVE DOCUMENTS UP TILL THE 15TH, SO NEED TO INSPECT FOOTAGE FROM THAT DATE.
COURT: I HAVE NOT INDICATED I AM ALLOWING THE WHOLE FILM I MADE A SPECIFIC JUDGMENT CALL UNDER EVIDENCE CODE SECTIONS 350 AND 352. ANYTHING OUTSIDE OF 2 OR 3 DAYS WOULD NOT BE RELEVANT
FLANAGAN: IF WE ARE LIMITED THE ENTIRE FILM IS A WRITING WHICH IS RELEVANT.
COURT: YOU WANT WHOLE FILM.
FLANAGAN: IF WE ARE LIMITED, THE ENTIRE FILM IS WRITING AND THE MATERIAL THAT WENT INTO MAKING THE FILM,
COURT: YOU WANT THE WHOLE FILM?
FLANAGAN: THE REMAINING PART! WE ARE ASKING FOR INSPECTION?
COURT: THAT IS FISHING THE COURT HAS RESPONSIBILITY IN THAT REGARD. IM CONCERNED ABOUT THE TIMING OF ALL THIS, I HAVE SET FORTH JURY SELECTION FOR SEPTEMBER 8TH. MY CONCERN IS THE MATTER BE CONTINUED TO JULY 27TH AND WE HAVE ALL INFORMATION
BOSTWICK: WE CAN DO IT FASTER THEN THAT
COURT: DO YOU HAVE A FEEL OF HOW WELL THEY HAVE GONE THROUGH MATERIAL
BOSTWICK: NO, I HAVE JUST SEEN THE LABELS
FLANAGAN: WE ARE FROM 3 MONTHS TO TEN DAYS, TIME IS SHORTENED TREMENDOUSLY
BOSTWICK: THERE ARE SOME BOXES THAT DO NOT FALL INTO THERE SUBPOENA, PRESS CONFERENCE ETC., DUPLICATES, IT WOULD BE LESS THEN TOTAL HUNDRED HOURS, WE CAN BEGIN THE PROCESS TUESDAY THIS MONTH
COURT: PROSECUTION YOUR THOUGHTS?
WALGREN: WE ARE NOT SUBJECT TO SUBPOENA, 1, WE ARE STRUCK BY THE DATES REQUESTED, WE THOUGHT IT WAS LIMITED TO 2 DAYS, 2. PEOPLE WANT TO VIEW ESSENTIAL MATERIAL TOO, WE REQUEST STIPULATIONS TO INCLUDE PEOPLE SAME RIGHTS, WE ARE AVAILABLE TUESDAY, 3. THERE IS AN AGREEMENT TO DEFER WE ARE NOT HAPPY WITH DEFERRING,, COURT COST??? COURT SHOULD RULE WHO WILL BE LIABLE FOR COST TO GO DOWN THIS PATH, WE DON’T WANT TO RECEIVE A BILL FROM SONY FOR $80,000, ADDITIONALLY IS IT CORRECT THE TIME FRAME OF FOOTAGE IS NOW 10 DAYS. THE VAGUENESS OF THE LABELS AND DISORGANIZED STATE COULD BE A LENGTHY PROCESS, IM JUST RELYING ON WHAT I HAVE HEARD HERE.PEOPLE HAVE SPOKEN TO MR CHERNOFF AND RECEIVED A CONTINUED DATE FOR 3 WEEKS BASED ON SCHEDULING ISSUES, WE HAVE NO OBJECTION TO THAT, THE OTHER ISSUE IS BACK TO COST, VIEWING THE MATERIAL; THEY ARE IN FORMAT THAT COULD BE READABLE.
COURT: WHEN I WAS GOING TO SET THE 60 DAYS TIME FRAME FOR TRAIL I KNEW THIS COULD NOT BE DONE, THAT’S WHY I SET IF FOR SEPTEMBER 8TH, I REARRANGED ALL SORTS OF CASES AND HEARING, INCLUDING CAPITAL CASE
BOSTWICK: EVEN IF WE HAVE NARROWED DOWN THE DATES REQUESTED ITS IMPOSSIBLE TO SAY HOW LONG THIS WILL TAKE, ITS PROBABLE 40HRS THAT IS AN ESTIMATE THAT I HAVE, I THINK IT COULD BE DONE, WE CAN PROBABLY DO ABOUT 7 OR 8 HOURS A DAY,
COURT: YOU SAID TUESDAY IS THAT TAKING INTO ACCOUNT THE 40 HOUR TIME FRAME?
BOSTWICK: NO, WHAT WILL HAPPEN IS DEFENSE WILL BE THERE; THEY WILL DECIDE BASED ON THE LABELS, SONY WILL LOOK AT IT IN A ROOM BEFORE ALLOWING THEM TO LOOK AT IT. THERE MAY BE THINGS CLEAR AFTER THIS PROCESS.
COURT: IS THERE GOING TO BE A PRELIMINARY REVIEW BY SONY
BOSTWICK: NO
COURT: SONYS POSITION ON THE PEOPLES REQUEST TO BE PRESENT AT THE SAME TIME?
WALGREN: IT IS YOUR HONOR
BRAZIL: YES
BOSTWICK: UNLESS PEOPLE ARE WILLING TO SIGN OFF SAME STIPULATION THE COURT SIGNS AN ORDER NOTHING CAN HAPPEN, ONCE ORDER IS SIGNED WE CAN BEGIN TUESDAY
FLANAGAN: WE CAN INERLINEATE ON THE STIPULATION
COURT: SOMEONE HAS TO DRAFT IT
(DEFENSE COUNSEL CONFER)
GOURJIAN: WE OBJECT TO PEOPLE BEING THERE! THEY ARE NOT PART TO THE SUBPOENA, THIS IS NO DIFFERENT THEN A SUBPOENA DUCES TECUM
COURT:IS IT AWFULLY DIFFERENT?
GOURJIAN: IT IS YOUR HONOR, WHAT WE WORKED OUT HERE IS BETWEEN SONY AND US, THIS IS NO DIFFERENT THEN OTHER CASES WHERE RECORDS ARE PRODUCED BY SDT, IT THEN GOES TO THE COURTS INSPECTION, THE ONLY TIME PEOPLE GET IT IS UNDER 1054, BECAUSE THERE MAY BE IMPEACHMENT EVIDENCE THAT IS COVERED, PEOPLE SHOULD NOT BE PERMITTED TO BE THERE PURSUANT TO OUR SUBPOENA THAT WAS SENT TO SONY
COURT: I AM NOT GOING TO SUPERCED FORM OVER SUBSTANCE; DO YOU WANT TO ISSUE A SUBPOENA MR WALGREN? IT SEEMS SILLY AND WASTE OF TIME. I THINK THE COURT SHOULD APPOINT A MASTER, GIVE CERTAIN PARAMETERS AND SPECIAL MASTER WOULD REVIEW AND PROVIDE TO COURT, THIS IS A STIPULATION OUTSIDE OF THE SDT, WHILE SOME MAY THINK I HAVE RULED ON THE MOTION TO QUASH, I HAVE NOT!! I HAVE REQUESTED PARTIES MEET AND CONFER AND I THINK PEOPLE SHOULD BE A PART OF THAT, I DON’T THINK THIS IMPLICATES DR MURRAY, ANY DISCUSSIONS THAT MAY OCCUR ARE NOT IN FRONT OF DR MURRAY, IT IS MONUMENTAL WASTE OF TIME FOR DEFENSE TO REVIEW THEN DEPENDING WHAT IS SHOWN, THEN ENTITLE THE PEOPLE, ITS BACK AND FORTH, I THINK ITS SAFE TO SAY PEOPLE SHOULD ISSUE A SUBPOENA DUCES TECUM SO PEOPLE CAN SIGN OFF ON IT. I AM LEAVING IT UP TO THE PEOPLE, SONY AND DR MURRAYS TEAM TO MODIFY THE STIPULATIONS, ITS NOT COMPLICATED YOU CAN ADD VERBIAGE.
WALGREN: IF ITS OK WITH THE COURT WE WOULD LIKE TO ENTER INTO STIPULATION WITH SONY, THAT THE PEOPLE ACCORD THE SAME VIEWING RIGHTS AND PRIVILEGES AS OUTLINED, THERE ARE SOME FACTS IN THE FIRST THAT I DON’T KNOW IF PEOPLE WOULD BE PREPARED TO SIGN,
COURT: I DON’T THINK I HAVE BEEN IN THIS SITUATION BEFORE, THAT IS A CIVIL ARENA, NOT CRIMINAL
BOSTWICK: I HAVE BEEN INVOLVED IN THREE CRIMINAL CASES THERE HAVE BEEN SUBPOENA WHERE THE PROSECUTION WAS NOT PREPARED TO PAY ANY COST IN THOSE CASES, MR WALGREN HAS A GOOD IDEA IN ONE SENSE, EXCEPT WE ARE UNCOMFORTABLE WITH MERE STIPULATIONS, WE NEED TO MAKE SURE WHATEVER IS STIPULATED INCLUDES CONFIDENTIALITY AND THE COURT ORDER THAT
COURT: ABSOLUTELY, STIPULATION WILL BE FORERUNNER TO COURT ORDER. BEFORE I CONTINUE THE DATE I WANT US TO HAVE A DATE OF JULY 27TH TO GET AN UPDATE, MR WALGREN ARE YOU WILLING TO MOVE TRIAL DATE
WALGREN: YES
COURT: I HAVE 1050 TO VIEW THE PROGRESS OF THE CASE AT THIS POINT. I WANT TO KEEP A SHORTENED LEASH
WALGREN: DO DEFENSE AND SONY KNOW IF THE MATERIAL WILL BE VIEW ON CONSECUTIVE DAYS>
COURT: WILL YOU BE THERE MR BOSTWICK?
BOSTWICK: YES, AND IT WILL BE CONSECUTIVE DAYS
COURT: OK, YOU WILL START TUESDAY 28TH,FURTHER PROCEEDINGS SET FOR JULY 12TH 8:30AM AND FURTHER OBJECTIONS TO BE FILED BY JULY 8TH NOON
(THEN THERE WERE OFF THE RECORD DISCUSSIONS)
CASE ENDED
Statement-in-lieu-of-reply-by-third-parties
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