Bosco shield law

📄 Bosco shield law — Monday, July 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\31\BOSCO-SHIELD-LAW.DOC

TRIAL

▲ Day 125 of 167

◀ Call to order: Bosco Witness scheduling: Peratis ▶

Date: Monday, July 31, 1995 • Utterances: 28

Judge Ito meets briefly with newly retained counsel for Mr. Bosco (Esinski and Sullivan) to schedule a shield law hearing. Counsel has not yet spoken with their client and requests time to prepare; the hearing is set for the following day at 4:00-4:15 PM. The proceeding also establishes that Bosco's counsel lacks copies of the article and subpoena at issue.

# 1 THE COURT:

All right. I understand we have counsel for Mr. Bosco, Miss Esinski and Mr. Sullivan, correct?

# 2 MR. SULLIVAN:

That's correct, your Honor.

# 3 MS. ESINSKI:

Good afternoon, your Honor.

# 4 THE COURT:

All right. Good afternoon, counsel. Would you state and spell your names for the record, please.

# 5 MR. SULLIVAN:

Yes, your Honor. Last name is Sullivan, S-U-L-L-I-V-A-N.

# 6 MS. ESINSKI:

Your Honor, Halina Esinski, first name is spelled Halina, H-A-L-I-N-A, last name E-S-I-N-S-K-I.

# 7 THE COURT:

All right. Good afternoon, counsel. Thank you for making yourselves available on such short notice.

# 8 MS. ESINSKI:

Good afternoon, your Honor. At this time, we've just been retained and we have not even had a chance to speak with our client, your Honor, because he has been in the courtroom. We would like a little bit of time--

# 9 THE COURT:

Well, take him out of the courtroom.

# 10 MS. ESINSKI:

We would like a little bit of time. Because the shield law is involved in this matter, we would like a little bit of time to be able to brief him and then to have a hearing on the matter. It's at the Court's disposition as to when you would like to hear that matter, but can we put it over to another date as opposed to this afternoon?

# 11 THE COURT:

Sure. How much time do you think you need?

# 12 MS. ESINSKI:

Well, we'd like to submit something in writing by tomorrow, maybe be heard after the court session on Wednesday afternoon. Would that fit in with your schedule?

# 13 THE COURT:

I think we have the continuation--would you be available tomorrow at 4:00 or 4:15?

# 14 MS. ESINSKI:

We could, your Honor, your Honor.

# 15 MR. SULLIVAN:

That would be fine.

# 16 THE COURT:

Okay.

# 17 MR. SHAPIRO:

That's acceptable.

# 18 THE COURT:

And, Miss Esinski, Mr. Sullivan, have you had the opportunity to confer with Mr. Shapiro regarding the issues that they seek to raise with your client?

# 19 MS. ESINSKI:

Just very briefly, your Honor. We've just--

# 20 THE COURT:

All right. Then I'm going to direct counsel as soon as we break on this issue then to confer--to meet and confer to see if there's any narrowing down we can do on the issues involved.

# 21 MS. ESINSKI:

Thank you, your Honor.

# 22 THE COURT:

All right. Is there anything else that we can take up as to the Bosco issue? All right. I've been provided with--counsel, do you have a copy of the article that's referred to?

# 23 MS. ESINSKI:

Your Honor, we don't have a copy of the article or a copy of the subpoena. We have nothing.

KEY QUOTE

# 24 THE COURT:

Okay:

# 25 MR. SHAPIRO:

I gave a copy to Mr. Mirell. So I'll arrange to give her a copy.

# 26 THE COURT:

All right. I think my staff has a copy of the article in question.

# 27 MS. ESINSKI:

Thank you, your Honor.

# 28 THE COURT:

All right.

Temperature

procedural

Key Quotes (3)

Ms. Esinski

we've just been retained and we have not even had a chance to speak with our client, your Honor, because he has been in the courtroom.

Establishes that Bosco's counsel is brand new to the matter and needs time to prepare before any hearing on shield law issues.

Ms. Esinski

Because the shield law is involved in this matter, we would like a little bit of time to be able to brief him and then to have a hearing on the matter.

Identifies the core legal issue — journalist shield law protections — that will be the subject of the upcoming hearing.

Ms. Esinski

Your Honor, we don't have a copy of the article or a copy of the subpoena. We have nothing.

Underscores how unprepared counsel is at this stage, having been retained moments earlier.

Evidence (1)

Informal

A news article referenced in the subpoena served on Mr. Bosco

discussed; Shapiro arranged to provide a copy to Bosco's counsel via Mr. Mirell

Notable Exchanges (2)

Ms. Esinski•Lance A. Ito

Esinski requests a continuance to consult with client and brief the shield law issues; Ito accommodates by setting the hearing for the next day at 4:00 PM.

cooperative

Lance A. Ito•Ms. Esinski

Ito directs Esinski and Sullivan to meet and confer with Shapiro to narrow the issues before the hearing.

procedural

Objections

None recorded

Proceeding 7075 • 28 utterances

Criminal Trial

Department 103