Not seen on TV: Sidebar secrets revealed
reveron1958
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Not seen on TV: Sidebar secrets revealed<br /><br />Sidebar conferences are usually a closely-guarded secret until the end of a trial. The huddled discussions that take place at the bench are not meant to be heard by anyone except for the judge and attorneys taking part in them. <br /><br />But in the case against Dr. Conrad Murray, daily transcripts of these private talks, offering a peek behind the scenes, are available to the public for a fee. In Session got the documents and thought you might like to know what those hush-hush conversations are all about.<br /><br />Most of the time, the discussions center on logistics. In a recent sidebar, the judge expressed his concern that new evidence presented by the defense would delay the case and cause some jurors to drop out.<br /><br />“I cannot have a continuing issue with new discovery in the middle of the case for both parties and seemingly no end to the case when it comes to the defense, and potential rebuttal, potential surrebuttal. I need to move this,” said Judge Michael Pastor.<br /><br />Despite the judge’s reservations, court recessed early last Friday so prosecutor David Walgren could prepare for what is expected to be the most hotly contested issue in the case against Murray: Did Michael Jackson give himself the lethal dose of propofol? If any of the jurors believe he did, it could improve Murray’s chances of an acquittal.<br /><br />The question has pitted two old friends against one another. When defense expert Dr. Paul White took the witness stand, he revealed no hint of a rivalry between him and the state’s expert Dr. Steven Shafer. In fact, when White was mistakenly called “Dr. Shafer” more than once, he appeared gracious and considered it a “compliment.” White made it a point to call Shafer, a “friend” during his testimony, betraying none of the drama that had taken place behind the scenes just a few days before.<br /><br />Transcripts of those discussions in chambers tell a different story. White was quoted in an E! Online article, calling Shafer a “scumbag.” The comment so outraged Walgren that he went to the judge and rattled off a number of complaints:<br /><br />“Using the word 'scumbag' apparently to describe Dr. Shafer, turning to the audience full of media, making comment, I’d also note in television news stories I have seen…when they pan in on him, the rolling of the eyes and facial expressions...There is a gag order in effect, and here you have him talking apparently to E! Online, voicing his opinion about witnesses and or me. I think something needs to be done about it. I think it’s totally unprofessional, I think it’s a violation of the gag order,” Walgren complained.<br /><br />It was up to defense attorney Ed Chernoff to explain, “I’m not justifying it, but his professional standing was, he felt, was attacked by Shafer, that dismissive statement that he made. I’m not justifying it. I’m saying that is the reason, what precipitated this.”<br /><br />Chernoff tried to reassure the judge, “If I had known that people were talking to him in the hallway and I saw that, I would have stopped it.”<br /><br />That did nothing to appease Walgren.<br /><br />“This has been a recurring issue. And, on the first day the court informed counsel to admonish Dr. White not to make facial expressions, things of that nature, and to stay in his seat. It was about 20 minutes later, he (White) is crawling across the floor when I’m doing my direct examination and the Court had to advise him to return to his seat...I think he should be removed from the courtroom,” demanded the prosecutor.<br /><br />Chernoff stepped in to assuage the judge, who concluded his gag order may have been violated.<br /><br />“I’m going to talk to him. I’m embarrassed by this,” said Chernoff. “You should hold me personally responsible.”<br /><br />Chernoff, again, tried to explain the reason for White’s comments.<br /><br />“He is personally hurt by his 20-year-old friend saying, basically being dismissive of him. But that is no excuse. I’m just telling you what is going through his mind,” referring to Shafer’s testimony criticizing White’s theory that Jackson may have ingested propofol.<br /><br />Following the discussion, the judge said he would re-admonish White before the jury was brought in and he advised Chernoff that he intended to inquire about the matter during the recess.<br /><br />“Well, can you do it at sidebar?” asked Chernoff. “Do you have to do it in front, embarrass him (White) in front of the entire press?”<br /><br />“He has done it publicly,” the prosecutor shot back.<br /><br />“David, I understand you are upset,” Chernoff said, “I don’t want to stoke the fire. I haven’t even spoken to him.”<br /><br />White was not spared the public rebuke. He was scolded by Pastor in front of a battery of reporters, and while White denied making the scumbag remark, he conceded he did make other comments.<br /><br />“I was asked that by a reporter, and my response was I guess I could say, of course when someone makes derogatory comments about you in court, it has an effect on you. I was very disappointed in Dr. Shafer’s remark,” said White.<br /><br />White may have channeled some of his disappointment in helping Chernoff cross-examine Shafer.<br /><br />“You certainly do consider that what you have claimed occurred in this case was an extraordinary claim?” asked Chernoff.<br /><br />“Not at all,” said Shafer.<br /><br />“You understand that Dr. Murray is literally on trial for his life?”<br /><br />The question from Chernoff prompted the prosecutor to request a sidebar.<br /><br />“On trial for his life?” asked the judge in the huddle.<br /><br />“I would ask the jury be admonished they are not going to be considering sentence, anything of that nature. That is a totally inappropriate comment to make,” said Walgren.<br /><br />“It is not about the sentence. It is a felony conviction that you are attempting to do. How could you say that is not?” Chernoff responded.<br /><br />“On trial for his life? That is a tad hyperbolic, Mr. Chernoff, you know it,” the judge whispered.<br /><br />The huddle broke up and the attorneys resumed their places after the judge agreed to tell the jury that the lawyers’ statements were not evidence.<br /><br />The defense showed no sign of backing off. In the follow up exchange, Chernoff grilled Shafer about his study directing human volunteers to drink propofol in an effort to prove the drug had no effect when orally ingested.<br /><br />“You had to shove it down his (White’s) professional throat,” said Chernoff.<br /><br />“Objection.”<br /><br />The pattern continued. More questions, followed by repeated objections.<br /><br />“Wait a minute,” said the judge. “May I see counsel for a moment please?”<br /><br />The following sidebar was over quickly. <br /><br />“What I’m going to say is, cut it out. Thank you,” said the judge.<br /><br />http://www.hlntv.com/article/2011/11/02/not-seen-tv-sidebar-secrets-revealed
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