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Lawdork brings us today’s preview of the case:
On Friday, the American Foundation for Equal Rights sends word that, testimony of plaintiff witnesses will continue in the Perry v. Schwarzenegger trial over the constitutionality of Proposition 8. This is the fifth day of a trial that could last well into three weeks, based on the announcement from the Plaintiffs’ lawyers today that they expect to wrap up their case, assuming the pace of the first four days continues, by next Wednesday.
Up on Friday are:
* Michael Lamb, Ph.D, a Professor and Head of the Department of Social and Developmental Psychology at Cambridge University, who will testify about gay and lesbian parenting and its impact on the adjustment of children and adolescents, and the benefits to children and adolescents if their same-sex parents were allowed to marry.
* Helen Zia, a lesbian author who will testify about her sexual orientation, her experiences with discrimination, and the effects of being denied the right to marry her longtime partner.
* M.V. Lee Badgett, Ph.D., a professor of economics at the University of Massachusetts, Amherst, to testify about the private harms caused by Prop. 8 and the impact of same-sex marriage on the marriages of different-sex couples.
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What’s the story with the taping? I know the Supremes banned access to the tape being put on You Tube. I also know that the Prop 8 creeps what the tapes that have been made so far destroyed.
Will any further taping be made?
The defense attorney tried to get taping stopped yesterday just before the morning break, however Judge Walker stated that the taping would continue for his review even though broadcast of the taping has been removed as an option.
Here is a copy of the transcript of this transaction from the first blog of Day 4:
Cooper: Clarification. Court was asking for withdrawal of this case from recording program.
Walker: no, that’s not been altered.
Cooper: We have put in a request to court, asking that recording be halted. We believe this would require reporting to be halted.
Walker: I don’t believe so. Local rule permits the recording for purposes of taking the recording for use in chambers. That is customarily done when we have these overflow courtrooms. I think it would be quite helpful for me to have that recording. That’s the purpose for which recording to be made going forward. Not for purposes of public broadcasting or televising. Taking of photographs or recording for those purposes. Recording is not being made for those purposes.
Well that’s a relief. The Prop 8 creeps will still try to have the tapes destroyed.
Liveblogging over at prop8trialtracker.com is reporting that the Judge has closed the courtroom to lawyers only for the moment. Not sure yet why or for how long.
Ah, luckily it was temporary and the live feed is back on.
emptywheels liveblogging here
Liveblogging the Prop 8 Trial: Day Five Friday AM (18)
Taping continues for Judge Vaughn Walker’s exclusive use in chambers when deciding the case, he ruled yesterday on a motion by defendant-intervenors asking that the “illegal taping be stopped.” Walker ruled that the taping wasn’t illegal after SCOTUS’s ruling, since the Local Rule on broadcast thus applied instead of the expanded modified pilot program.
The local rule states that taping may not be made for broadcast anywhere outside the courthouse and that taping for any other purpose is prohibited. This local rule, under which taping now operates, allows re-broadcast within the courthouse (closed circuit to media room and overflow courtroom) AND for the judge’s review in chambers during his consideration of the case and development of his decision.
Therefore, per Walker, this is not illegal taping and will continue.
Defendant-intervenors’ counsel, at the pres briefing in the media room after yesterday’s session, continued to characterize the ongoing taping as illegal, by the way. They obviously fear a FOIA case asking that the tapes be put on the public record and become accessible.
This morning’s first 30 minutes were closed while arguments were made and briefs submitted regarding the defendant-intervenors’ magistrate-sealed exhibits, both public and private communications of ProtectMarriage.com they do not want discussed or introduced at trial.
Thanks for the information, Teddy. And thank you so much for all of the work you’ve done to keep us all informed about what’s going on in the trial! Your work is invaluable.