Judge Olmedo rules that Tom Mesereau and Sharon Appelbaum leaked to Scientology
Evidentiary hearing, June 7, after the second break
Judge Olmedo back on the bench.
Judge: With regard to notice, the People brought to the court's attention the concerns on May 10, and the court set an evidentiary hearing I believe that same day. So that was set for May 31. Notice was sent out to all counsel.
On May 31 all the parties were here, and because jury still deliberating, court continued this hearing a week later.
So while all counsel were present on May 31, could have conferred with each other if they wanted to.
As to the discovery materials, the transcripts have always been available to both sides. So the court does find that there is adequate notice.
And the defense position is that there was no protective order and it was shared with defendants with a common interest.
So the court that notice was properly given and any request to continue or for further notice, that's not what notice means. Any request to continue is denied.
The court did give notice to the Marsy's Law attorney, a different attorney. But also did give notice to Vicki Podberesky but made it clear the court was not compelling her to appear.
As such, Ms. Podberesky and CSI were afforded an opportunity to address the court but they chose not to avail themselves of that opportunity.
The court finds that the words used by the court repeatedly constituted an order and the defense violated that order, and the attorneys who violated that were Mr. Mesereau and Ms. Appelbaum. We base that on Mr. Cohen denied sharing it and didn't know how Ms. Podberesky obtained it. Ms. Holley said it was a previous team, Ms. Goldstein didn't have knowledge of it. Mr. Mueller said he shared the info with Mr. Mesereau and Ms. Appelbaum so the court find circumstantial evidence that they shared the material and will make sanctions.
As it relates to People request to order CSI or Ms. Podberesky return or destroy items. I am not aware of any authority that gives me the power over a non-party.
She has a written order.
Last questions for each side.
People, as for discovery logs, the court is collectively marking them as court's exhibit 4. I'm attaching that to my order, do you have any concern or objection to that being public, do you want that exhibit being sealed?
Mueller: I don't believe there's anything in those that is not always a matter of public record.
Judge: It's just a description.
Mueller: I think it's fine to attach.
Judge: And then for Mr. Crowley and Ms. Matthai, I assume you are going to appeal, do you want me to stay payment of sanctions while you appeal.
Matthai: References the judge's order, which looks lengthy. She's saying that the documents be turned over to us, and we will agree not to share them with anyone else, that's number 1. And I'm concerned with having the transcripts in the record. She's referring to a May 12, 2023, and May 10. Also hearings that the court referred to, even though my clients were not counsel. (Wants a record included that they had left.)
Judge says in a criminal case all of the transcripts are already in the record. Says that she can coordinate with Mueller about the documents.
Judge: So I will get this to the clerk.
(She never said an amount on the sanctions. A bailiff is telling us that the judge stayed the amount pending appeal.)
So, the judge has ruled the Mesereau and Appelbaum leaked the documents to Scientology, and has sanctioned them. Well, that’s something.
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