[b]Declaration of Brian Oxman In Opposition to Plaintiff’s Objection to Subpoenas (Released Dec 20 2004)[/b] Excepts (excuse any typos): (pg 6) Plaintiff has filed an Objection to Subpoenas in response to Mr. Jackson’s Motion to Compel Compliance with Subpoena to ____________. In addition, plaintiff has added a new objection regarding Mr. Jackson’s subpoena of the _________ and ___________ records from ___________. Plaintiff’s objections are without foundation because: (1). There is no physician-patient privilege in criminal proceedings, and the complaining mother’s _______ records from [redacted info] are relevant because she has placed her mental and physical conditions in issue by claiming injuries as a result of Mr. Jackson’s conduct. (2) The subpoena to the __________ is relevant because __________ is a government informant who has placed his reliability as a government employee in issue by the prosecution vouching for his voracity, and he has apparently committed __________ by failing to disclose his _________ income on his _____________; (3) Plaintiff has no standing to assert the individual privacy rights of witnesses, and plaintiff again fails to address the fact the court issued an order finding the ________ subpoena “material and relevant” on October 22 2004.
————————– (pg 7 footnote): 2. Attorney Zonen stated under penalty of perjury “I have reviewed each of the subpoenas duces tecum issued by defendant to various entities, a copy of which his counsel sent to the Doe family in compliance with the court’s order dated November 29 2004.” (Zonen Dec., p. 3, lines 6-8). On November 29, 2004, the court ruled that it was not modifying the portions of July 9 2004, Teal Order that required the recipient of subpoenas to maintain their confidentiality. Despite knowing the Teal Order prohibited disclosure of the subpoenas to plaintiff. Attorney Zonen knowingly violated the July 9 2004 Order by reviewing the subpoenas turned over to him from the Doe family. Not only did Attorney Zonen and the entire District Attorney’s office aid and abet the Doe family to violate the July 9 2004 Order, but also they directly violated the July 9 2004 Order by viewing material they knew they were not supposed to receive.
——————— (pg 12) 24. The plaintiff’s objections are without foundation. The plain fact is the complaining mother has been prescribed ___________ to control her _____________ and she has not been taking them. The records from ________ will demonstrate both her ________ and her failure to take her _______________.
————————— (pg 12-13)
26. However, it is not the fabrication of her pregnancy that concerns Mr. Jackson. Rather, is the _____________, ______________ history, and prior injuries revealed in those records that concern Mr. Jackson. ___________ records recount prior _________ history, along with the current impact of those injuries, and because the complaining witness’s ________________________ and allegations of injuries Mr. Jackson caused, Mr. Jackson has a right to those records, including when she does and not take her____________.
——————- (pg 13) 30. Laboratory tests for the complaining witnesses are critical in this case because the prosecution has claimed that Mr. Jackson was part of a vast conspiracy to dump a urine sample jar so that alcohol would not be detected in the older son’s urine. {redacted line}. There was sufficient urine to test on the occasion in question, and the laboratory reports will demonstrate that fact. 31. The defense believes additional and other urine samples from both the mother and her children will demonstrate __________________. It is the complaining witnesses who raised these issues and opened the door to the examination of _______ records. Mr. Jackson is entitled to subpoena those records. DOWNLOAD: :nav
Declaration of Brian Oxman: Opposition to Prosecution Objections to Subpoenas
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