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COpy

1 Edward Chernoff, Esq.

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

3

CONFORMED COpy OF ORIGINAL FILED

Los Angeles Superior Court

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

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APR 07 2011

John Pt.. vli:1'''_'' J;;At:!I,;Wve Officer/Clerk

By ~~ ,Deputy

8 Attorneys for Defendant CONRAD R. MURRAY

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

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Defendant.

NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT CONRAD R. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR

(Cal. Evid. Code §§ 350, 352 and 402)

13 THE PEOPLE OF THE STATE OF CALIFORNIA,

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Case No. SA073164

Plaintiff,

15 16 17 CONRAD R. MURRAY,

vs.

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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 concerning Defendant Conrad R. Murray's children and his extramarital affair

28 with Nicole Alvarez pursuant to Evidence Code Sections 350,352 and 402.

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT C. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT C. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR

1 This motion is made on the grounds that such evidence related to Dr. Murray's

2 children and extramarital affair 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.
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8 Dated: April 5, 2011
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27 Respectfully submitted,

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1 MEMORANDUM OF POINTS AND AUTHORITIES

2 I.

3 INTRODUCTION

4 The prosecution seeks to introduce evidence related to Dr. Murray's children, and his

5 purported sexual relations with Nicole Alvarez and other women. Certainly, this evidence

6 has no rational bearing on any issue in this matter and is presented merely to harass and

7 discredit Dr. Murray. This Court should exclude this evidence at trial because it is irrelevant

8 and will substantially prejudice Dr. Murray's defense.

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

10 limine to the trial court. (Cal. Evid. Code §§ 350, 352.) In particular, an in limine motion is

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

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

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

14 strike is granted".)

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16 II.

17 EVIDENCE OF DR. MURRAY'S CHILDREN AND PURPORTED AFFAIR IS NOT

18 RELEVANT UNDER EVIDENCE CODE SECTION 350 AND IS UNDULY PREJUDICIAL

19 UNDER EVIDENCE CODE SECTION 352.

20 Evidence Code Sections 350 and 352 allow only relevant evidence and give the court

21 discretion to exclude evidence when its probative value is substantially outweighed by the 22 probability that its admission will (a) necessitate undue consumption of time or (b) create 23 substantial danger of undue prejudice, of confusing the issues, or of misleadjnq the jury.

24 The prosecution's case involves the treatment and care of Michael Jackson provided

25 by Dr. Murray. It is not about the existence and number of children Dr. Murray has, or about

26 his personal sexual relationship with women. The prosecution seeks to introduce this

27 evidence solely to inflame the passions of the jury. Such evidence is not relevant under

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT C. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR

1 Evid. Code § 350 and should be excluded under Evid. Code § 352, as its admission would

2 unduly prejudice the jury and confuse the issues of this case.

3

4 III.

5 CONCLUSION

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

7 mention, evidence or testimony of his sexual relations or purported affairs, and his children

8 be excluded from trial.

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10 Dated: April 5, 2011 11

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Respectfully submitted,

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT C. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR

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3 STATE OF CALIFORNIA

PROOF OF SERVICE BY PERSONAL DELIVERY

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Nareg Gourjian

ature)

4 COUNTY OF LQS ANGELES

)

) ss.:

)

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 April ~, 2011, 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

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by hand delivering a true copy thereof to: 10

David Walgren, D.D.A.

11 Office of the Los Angeles County District Attorney

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

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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.

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

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(Type or print name)

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NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF DEFENDANT C. MURRAY'S CHILDREN AND EXTRAMARITAL AFFAIR