Prosecution Witnesses: None
Accredited Press inside the courtroom: Harriet Ryan of the Los Angeles Times
There was no testimony presented today. One of the jurors, Juror #1 was taken to the emergency room last night and did not come to court today. Court is in recess until 9:00 am, January 5th, 2009 for counsel and 10:00 am for the jurors. Spector, Rachelle Short and their bodyguard were not in court today. Spector was informed of the ill juror and he waived his right to appear.
Outside the presence of the jury, both sides extensively argued motions on how broad the scope of cross examination the defense can perform on coroner Dr. Pena. The defense's position is that it is their right to cross examine Dr. Pena on statements he made during the first trial but were not presented into evidence in the second trial, to show his bias and impeach his testimony. The prosecution contends the defense cannot cross examine Dr. Pena outside the scope of his testimony in this trial. The defense has not yet completed their motion for the court on this issue.
will testify to on the stand. In Two things were settled today. First, Fidler ordered that a 402 hearing will be held to determine what questions Weinberg will ask Dr. Pena regarding manner of death and his investigation into that. The prosecution feels that this is an "end run" tactic for the defense to bring into the case testimony on a psychological autopsy. Fidler has stated that until he rules on this issue, no questions can be asked by the defense.
Although the people wanted the 402 hearing to occur today, the defense requested the hearing be held after the holidays. Fidler agreed to this request. Alan Jackson again asked the court to order the defense to turn over their discovery on expert witness Dr. Sieden. Judge Fidler ordered Weinberg to meet with the prosecution team sometime today and give them an oral statement of what his expert witness, Dr. Sieden will testify to. In addition, he must follow that up with a written statement by next Tuesday.
Scout Kitty Update
Ever since Scout came home late last night, he had been behaving out of sorts. He was wobbly on his legs, bumping into things and appeared disoriented. We took him back to his doctor who decided to remove the neck cone and put a stretch bandage over his incision and stitches. Apparently, the cone prevented Scout from feeling where he was with his whiskers. Since the cone was removed, his balance and orientation is much better. When we discovered the injury a few days ago, he had one watery eye and had been sneezing quite a bit. Today, the doctor discovered he now has a fever when he didn't before. We are worried about rabies and/or the possibility of a viral infection in his lungs. He also received more pain medication today. It's a wait and see at this point if the antibiotics will clear up the eye and lung issues. He was too sleepy to open his eyes for the camera a little while ago.