This is really interesting
http://www.teammichaeljackson.com/tmj_003.htm
Walgren: The People [Prosecution] have not received Discovery, statements, or reports… but only a witness list. The Defense has had enough time to time to prepare these. A large number of witnesses do not appear on our Discovery.
Chernoff: We do not have witness statements or specialist reports. We are having a meeting tomorrow, and in couple days, when we have these, then we will get them to the Prosecution by the 28th
Judge: You do not have witness statements? Have you spoken to witnesses?
Chernoff: We have mental impressions and thoughts [from witnesses], but not statements.
Judge quoted a Penal Code Section regarding the Prosecution being able to have all Discovery [from the Defense] 28 days prior to trial, but it can be earlier.
Chernoff: We have put down notes/memos, but we have not converted them into written form. We have documents of our findings, but it is not Discovery. If you order us to take witness statements then we will. We don’t have them now. We have had conversations, but not in writing,
Judge: So you are producing witnesses without statements? Penal code 1054.3 A states that the Defense is required to provide to the Prosecution the names, addresses of witnesses who you are calling, written, recorded reports of experts, a physical and mental examination of the defendant, real evidence at the trial. So you have nothing called for in this Penal Code Section?
Chernoff: We are aware, but no expert reports or statements are present. Once we have them then we will turn them over to the Prosecution. Thursday we have meetings… when we have them we will turn them over.
Walgren: 1054 is designed to avoid this. This is gamesmanship. We have provided immediately what we had. This is unfair to the People [Prosecution] to be produced with the Defense Discovery so near to the trial. We need time to fairly process [Discovery] so we can have a fair trial.
Chernoff: We understand. (repeated the same from before, blah blah)
Judge: Your responsibility stands beyond meetings. You were provided reports, were notes taken?
Chernoff: Memos were prepared by myself. Flanagan spoke to ?? I don’t know if notes were taken by him. My guess is we will have it by the end of the week. We are not hiding anything. Walgren says no surprises, yet he has already spoken to one of the experts we are speaking with, yet he says he is in the dark. We have 91 witnesses from the Prosecution I have gone through and I don’t have most of their witness statements.
Judge: Law requires 28 days before proceeding are due to commence. I have 107 witness names mentioned. They may not all be called… going to wait for the Discovery. ?
Chernoff: Yes