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Notice of Motion and Motion in Limine to Exclude Evidence of Strip Clubs as They Relate to Defendant Conrad Murry

Notice of Motion and Motion in Limine to Exclude Evidence of Strip Clubs as They Relate to Defendant Conrad Murry

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PEOPLE VS CONRAD MURRAY
PEOPLE VS CONRAD MURRAY

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Published by: TeamMichael on Apr 28, 2011
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03/16/2014

7

Defendant.

1 Edward Chernoff, Esq.

STRADLEY, CHERNOFF & ALFORD 2 917 Franklin Street, Suite 600 Houston, Texas 77002

3

4 Nareg Gourjian, Esq. (SBN 221861) GOURJIAN LAW GROUP, P.C.

5 101 North Brand Boulevard, Suite 1220 Glendale, California 91203

6 Telephone: (818) 956-0100

Facsimile: (818) 956-0123

8 Attorneys for Defendant CONRAD R. MURRAY

9

10

COpy

CONFORMED Copy OF ORIGlNAL F1LED

Los Angeles Superior Court

APR 072011

11

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

12

13 THE PEOPLE OF THE STATE OF CALIFORNIA,

14

Plaintiff,

15 16

vs.

17 CONRAD R MURRAY,

18

19 20 21

Case No. SA073164

NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DEFENDANT CONRAD R MURRAY

(Cal. Evid. Code §§ 350, 352 and 402)

22 TO: STEVE COOLEY, DISTRICT ATTORNEY OF LOS ANGELES COUNTY; and his

23 deputies David B. Walgren and Deborah S. Brazil; AND

24 TO: CLERK OF THE ABOVE-ENTITLED COURT:

25 PLEASE TAKE NOTICE that Defendant Conrad R. Murray, by and through counsel,

26 hereby moves this Court for an order excluding any reference, mention, evidence or

27 testimony of "strip clubs" or "gentlemens clubs" as they related to Dr. Murray pursuant to

28 Evidence Code Sections 350, 352 and 402.

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

-

..

1 This motion is made on the grounds that such evidence related to "strip clubs" or

2 "gentlemens clubs" is irrelevant and highly prejudicial.

3 The motion is based on this notice of motion, the memorandum of points and

4 authorities served and filed herewith, the pleadings and records on file herein, and upon

5 such other and further argument as may be presented to the Court at the hearing of this

6 matter.
7
8 Dated: April 5, 2011
9
10
11
12
13
14
15
16
17
18
19 Respectfully submitted,

Attorneys! ndant

Conrad R. ~ urray

20 21 22 23 24 25

26 27 28

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

1 MEMORANDUM OF POINTS AND AUTHORITIES

2 1.

3 INTRODUCTION

4 The prosecution seeks to introduce evidence related to Dr. Murray and his visits to

5 strip clubs. Specifically, the prosecution seeks to present to the jury evidence that Dr.

6 Murray met various third party witnesses at a strip club; and would also like to introduce

7 into evidence the amount of money Dr. Murray spent while frequenting the strip clubs.

8 There is absolutely no relevance whatsoever to all of this sexually scandalous information.

9 Dr. Murray admits he was friends with both individuals and there is no need to inquire 10 further into the substance of their relationship. This evidence has no rational bearing on

11 any issue in this matter and is presented merely to harass and discredit Dr. Murray. This

12 Court should exclude this evidence at trial because it is irrelevant and win substantially

13 prejudice Dr. Murray's defense. Further, and just as important, said evidence would

14 unnecessarily embarrass the third party witnesses without adding or detracting from their

15 credibility.

16 A party may preclude or limit the introduction of evidence by presenting a motion in

17 limineio the trial court. (Cal. Evid. Code §§ 350, 352.) In particular, an in lJ'minemotion is

18 essential to prevent the presentation of inadmissible testimony which may prejudice the

19 jury. (Hyatt v. Sierra Boat Co. (1978) 79 Cal.App.3d 325, 337 ("[tIhe advantage of such

20 motions is to avoid the obviously futile attempt to 'uming the bell' in the event a motion to

21 strike is granted".)

22

23 n.

24 EVIDENCE THAT DR. MURRAY MET MS. ALVAREZ AND MS. BELLA

25 AT A STRIP CLUBS IS IRRELEVANT.

26 Only relevant evidence is admissible. (Cal. Evid. Code § 350.) Relevant evidence is

27 defined as that which has any tendency to prove or disprove any disputed fact that is of 28 consequence to the determination of the action. (Cal. Evid. Code § 210.) Evidence that is

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

1 irrelevant must be excluded. (Evid. Code § 350.)

2 As applied to this case, evidence that Dr. Murray met Ms. Alvarez and Ms. Bella at a

3 strip club does not tend to prove or disprove any fact "of consequence." Such evidence

4 clearly has no rational bearing on any issues presented in this action, and any introduction 5 of such evidence carries the obvious, unavoidable, and completely unnecessary danger that 6 it will ignite the jury's passions and prejudices. Simply put, there is no reason that the

7 prosecution should be permitted to place before the jury evidence of the fact that Dr. Murray 8 visited a strip club or how much money Dr. Murray spent while there, and to do so would

9 violate his right to a fair trial.

10

11 Ill.

12 THE PREJUDICIAL EFFECT OF SUCH EVIDENCE

13 OUTWEIGHS ANY PROBATIVE VALUE.

14 Even if testimony regarding Dr. Murray's visits to strip clubs is somehow relevant to

15 the charge of manslaughter alleged in this criminal matter, this evidence should be

16 excluded because its probative value is substantially outweighed by the probability that its 17 admission would create substantial danger of undue prejudice, undue waste of time,

18 confuse the issues, or mislead the jury. (Cal. Evidence Code § 352.) The primary issue in

19 this case is straightforward - whether Dr. Murray acted in a reckless manner in caring for

20 Mr. Jackson. Thus, evidence of where Dr. Murray met these witnesses, and how much

21 money he spent at the time, is not in any way probative of the prosecution's claims. The

22 prosecution only attempts to offer this evidence at trial in an effort to prejudice the jUry

23 against Dr. Murray. Accordingly, under Section 352, this Court should bar the prosecution 24 from offering any evidence of Dr. Murray's visits to strip clubs, the money spent at strip

25 clubs or the people he met at strip clubs.

26 / / / 27 / / / 28 / / I

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

1 IV.

2 CONCLUSION

3 For the foregoing reasons, Dr. Murray respectfully requests that any reference,

4 mention, evidence or testimony of "strip clubs" or "gentlemens clubs" in any regard be

5 excluded from trial.

6

7 Dated: April 5, 2011

Respectfully submitted,

8

9

10 11 12

13

14

15 16 17 18

19

20

21 22 23 24 25 26 27 28

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

...

)

) 8S.:

)

1 2

3 STATE OF CALIFORNIA

PROOF OF SERVICE BY PERSONAL DELIVERY

4 COUNTY OF LOS ANGELES

5 I am employed in the County of Los Angeles, State of California. I am over the age

of 18 and not a party to the within action. My business address is 101 N. Brand Blvd., 6 Suite 1220, Glendale, CA 91203.

7 On Aprill2011, I served on interested parties in said action the within:

8 NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF

DEFENDANT CONRAD R. MURRAY'S FINANCIAL CONDITION

9

by hand delivering a true copy thereof to: 10

David Walgren, D.D.A.

11 Office of the Los Angeles County District

Attorney h

12 210 W. Temple St., 17t Floor Los Angeles, CA 90012

13

14

I am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal 15 Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date 16 1S more than 1 day after date of deposit for mailing in affidavit.

17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

18 ~

Executed on April ~, 2011, at Glendale, California. 19

20

21 22 23 24 25 26 27

N areg Gourjian

(Type or print name)

28

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF "STRIP CLUBS" AS THEY RELATE TO DR. CONRAD MURRAY

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