Evidentiary Hearing Possibilities

Sharon B. Sidney

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Wednesday, February 2, 2011

Evidentiary Hearing Possibilities



Conrad Murray added the claim that he was an innocent man into his plea of not guilty to judge Pastor at his arraignment hearing and once a date was set for trial judge Pastor placed the evidentiary hearing on calendar for Feb. 7<SUP>th</SUP>. After much debate between the judge and attorneys on which day would work best it seems the time most convenient for them was the least convenient for Conrad Murray who had questionably already filed a waiver of personal appearance that would allow him to not be present during the week of the 7<SUP>th</SUP> due to his “plans” to be in Houston, Texas. At the proceeding Dr. Murray went further to give up his right to appear at future proceedings as well and allowed the courts to have procedures continue even as if he had appeared. This of course means that defense attorneys for Murray can make determinations concerning his trial without his consent when he is not required to be present which is akin to having given someone power of attorney.

Judge Pastor informed the court that he anticipates having a larger jury pool and more jury alternates than usual with no plans on allowing attorneys to prescreen them due to time issues. He also stated that he does not want to waste time and that he will be conducting one or two other trails within this period.

During the arraignment the people also informed judge Pastor that they had not received any evidentiary evidence from the defense. Judge Pastor informed both parties they must file full discovery at least thirty days before trial date and that he wants timeline readiness and motions from media concerning cameras in the courtroom to be heard on the 7<SUP>th</SUP>.

What was not discussed is whether or not Conrad Murray had pre planned not to attend his evidentiary hearing ahead of time due to the possibility that the defense has no evidence to present. Furthermore we did not hear if the judge would consider omitting having a jury altogether since he’s not wanting to “waste time.”

With Conrad Murray having waived his rights to be present and all things being as if he had appeared his attorneys can consent on his behalf to waive his right to a jury trial.

It is not improbable that the attorneys may deem it feasible to simply allow judge Pastor to make the ruling on whether or not Conrad Murray is guilty of accidental manslaughter. By opting not to have a jury attorneys could argue the unnecessary hard ship such a trial would place on jurors and the expense it would bare as well as how time could be saved from not selecting a panel of jurors.

Many parties have been outraged with their attorneys for giving up their rights to a trial by jury on a day they were not present and without their knowledgeable consent due to “waivers of personal appearances” and have only come to find their fates placed in the hands of one man or woman on the judge stand.

Murray however may be delighted at the thought of not having to appear or be heard by a jury of his peers. Think about it, Mr. Chernoff, Murrays attny. said in his closing remarks that a jury of Murray’s peers had not given their professional opinions on what Murray had done concerning care for Michael Jackson. If while in Murray’s perhaps convenient absence Chernoff waives Murrays right for a trial by jurors, Conrad Murray would then be primed to claim he has no other recourse but to plea bargain by claiming he’d lost his right to be heard by a jury of his peers which his defense has already stated is something he is in need of.

With a hurried judge not wanting to “waste time,“ a defense team yet to present “any evidentiary evidence” and a prosecution with the pressure of having to prepare for trial without any discovery, a larger than usual jury selection, questions to prepare for and no opportunity to pre scan jurors how could the people uphold the need to fight for justice in the Conrad Murray trial if pressured to consent to a motion of foregoing jurors?

Perhaps this case is one that the Department of Justice should look into to, not only to see if the court is prepping the situation where Conrad Murray would deceitfully lose his right that he has requested to a trial by jury but also to see if fraud is taking place if said parties have secretly conspired and agreed to relinquish his rights of such.

It would be wise for Michael Jackson’s family, fans and supporters as well as media representatives to be present and watching what transpires in court on the 7<SUP>th</SUP>.

Please pray!

Posted by Spirit & Truth

http://sharonbsidney.blogspot.com/
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So basicaly They're [Murray] are pulling every straw that they can. Using 'time' to alter the whole picture in the courtroom, etc. IMHO with Murray Not being there every date - it shows his guilt even more so.
 
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Murray is guitly, that's clear for everybody...he just wants the best bargain...
 
What kind of ****** justice is this? It's a joke. I am so upset.
 
To me, it sounds like they're trying to sneakily close this case without Murray having to face the full legal consequences of his actions. No surprise. It's just one more reason for me not to trust people where Michael is concerned. Like I didn't have enough reasons already.
 
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It does seen like that. I have a bad feeling he's going to get away with just a slap on the wrist. I really think he has some powerful people looking out for him.
 
this is just an opinion and theres no chance there wont be a jury trial.

with no plans on allowing attorneys to prescreen them due to time issues.
i highly doubt that.
 
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While it does seem as if something sneaky is being put into play, I honestly cannot imagine that THIS trial would not be tried in front of a jury.

How can anyone believe that the lawyers will do anything without murray's agreement and consent? How could he plea bargain? This came up before. I thought that IVM was the lowest you could go. What could he possibly plea bargain down to?

It's an opinion piece. It is an interesting perspective but it is not gospel and it doesn't mean it will happen this way.
 
At least when it comes to trial, Murray will be compelled to turn up. He seems to spend a lot of his time not being where he 'ought' to be.
 
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During the arraignment the people also informed judge Pastor that they had not received any evidentiary evidence from the defense.

thats cause they havnt worked out which defence to go with yet!
 
thats cause they havnt worked out which defence to go with yet!

true...now with Murray's Houston girlfriend saying he was talking to her and she heard a cough that puts Murray right there in the room with his distressed patient. Why didn't he call 911? His attorneys don't have a clue how to defend this fool
 
Pretty much the standard advice, lawyers to give to their clients if they want a SPEEDY trial. Stuff like jury selection and evidential hearing, the defendent is not required to attend court.
The United Sates has it's 6th amemdment law which states the defendant has the right to a public trial tried by a jury in a public court (government court), in that particular state/county where the offence has been commited. Therefore, Murray will be tried by jury.
 
Read my articld "Should Investigators Be Investigated." There are a lot of cover ups taking place and things that make no sense happening with this trial. I don't know how to stress that more.

Someone said they doubted the jury members would not be pre screened before the questions issued by attorneys. Look up the transcripts from the araignment. The judge has already made that statement.

Is there a guarantee this is what's taking place? Absolutely not but this would be the perfect set up for it to occur.

Yes, Murray has the right to a jury of his peers but his waiving his rights and absence from court would give the attorneys and judge the right to give up his right. Listen, lots of people lost their rights to a jury of their peers without ever even knowing it because their attorneys gave them up when they were not present.

The judge has in effect prepared the way to get the public on his side cause who'd want to miss work for jury duty and truly a jury of his peers would mean a panel of Drs. and what Drs. have the time to be on a jury... So should they pose the question at the evidentiary hearing and the judge asks can you trust me to make the determination of Murrays innocense or guilt and save our city the stress it will be in the hands of Murrays attny. to say yes or no because when Murray is not there since waiving his rights what his attny says is the same as if he had said it. That's a fact.

The fans need to make sure truth comes to light and no corrupt cover up takes place without a fight. There needs to be cameras in thye courtroom so whatever they do the world will know and their evil will not flourish in darkness.

Fans need to be there because who else will fight for truth and justice?

I'm searching for truth and I assure you it needs to be found. I don't know what is taking place but there is corruption evident and I don't know how far it spreads.

One thing you can be sure of two things I don't take lightly one and foremost is God and the other is Michael Jackson - if I say it I mean it.

The way evil prospers is when people turn a blind eye. If these people realize they can be caught if this is in fact what they are up to then they should be fearful. If we turn our heads thinking it's useless or that they can't do those things then we may be shocked to see that is exactly what happened and only then will it be too late to do anything. The fans in L.A. who can need to come out to the next hearing. The cameras need to be inside the courtroom and they don't need one single opportunity to flourish in darkness.
 
A 'jury of peers' literally speaking would be composed of doctors. We all know that is not the case or only women would be on juries when the defendant is a woman or all truck drivers if the defendant is a truck driver and so on. So it has been ruled that a jury be composed of a broad sample of the population.

Doesn't a request for a trial by a judge aka a bench trial, also have to be approved by the prosecution?

And with bench trial, should the ruling go against the defendant, aren't the possibilities for appeal essentially eliminated?

There might be a lot of people who like to sit in on a trial such as this one!

Either way, guess we'll know soon enough.

Oh, if you have a link for the transcripts, could you kindly post it? Thanks!
 
Well it seems whatever they had planned for the evidentiary hearing did not happen...

Jury selection which was listed to start on the 28th has now moved back to the 24th. Is that a coincidence or did the court realize more eyes than they wanted were watching? Had the court left the date on the 28th it seems they would not have had proper time to select a jury panel and comply with law concerning Murray's right to a speedy trial...

You may have read the trial date has been moved ahead concerning jury selection since some media agents have published this. The truth is as you can see jury selections have been moved back.
 
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