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Judge Denies Christensen's Bid for a New Trial
The National Law Journal
October 29, 2008
A federal judge has denied a set of motions for a new trial filed by Terry Christensen, the lawyer who was convicted two months ago on charges of hiring private investigator Anthony Pellicano to wiretap his opponent in a high-profile child support case.
Christensen, the former managing partner of what is now Glaser, Weil, Fink, Jacobs & Shapiro, was convicted on charges of conspiracy to commit wiretapping and aiding and abetting a wiretap. Prosecutors had alleged that he paid Pellicano more than $100,000 to wiretap Lisa Bonder Kerkorian, the ex-wife of his client, billionaire Kirk Kerkorian.
In one motion, Christensen said that he should be entitled to a new trial because one of the jurors was wrongfully removed during deliberations. At the time, U.S. District Judge Dale Fischer of the Central District of California had removed the juror because he had refused to deliberate and had questioned the validity of federal wiretapping laws.
Christensen, in his motion, said the juror had disagreed with his fellow jurors.
In a separate motion, Christensen claimed he deserved a new trial because federal prosecutors had violated their discovery obligations numerous times. Federal prosecutors, in court papers responding to those claims, denied the discovery allegations and argued that the removed juror lied during deliberations and voir dire -- both justifications for his removal.
Patricia Glaser, a partner at Glaser, Weil, Fink, Jacobs & Shapiro, who represents Christensen, said she would raise the same issues in her planned appeal of Christensen's conviction.
"We believe the court made the correct decision," said Thom Mrozek, a spokesman for the U.S. Attorney's Office for the Central District of California, which prosecuted the case.
Christensen is scheduled to be sentenced on Nov. 17.


