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MS. MARTA WALLER: And good afternoon. I’m Marta Waller in the KTLA newsroom. We are bringing you gavel-to-gavel coverage of the Phil Spector murder trial. As you know we got started a little late today. The jury did not come into court until 1:30 this afternoon. And today I am joined by a special guest. This is Marshall W. Waller, attorney. He is also my brother. Thank you for joining me this afternoon. I appreciate it.
MR. Marshall W. Waller: – –
MS. WALLER: It’s kind of fun to work with my brother for–we never get to do this.
MR. WALLER: It is good to have a brother in the family who’s a lawyer.
MS. WALLER: Yes, it does help. Every now and then I can say, okay, I have to press you into service. You know, what’s your experience with witnesses in any kind of trial–when you have one who’s too anxious to be there or not anxious at all?
MR. WALLER: Well, that was a really long question!
MS. WALLER: I know, but I’m trying to set it up because you haven’t seen the whole–you haven’t seen the whole trial.
MR. WALLER: Here’s my thoughts on that. As you know, I’ve been a divorce lawyer for twenty-six years and as such, I am a professional cynic and I’m a paid skeptic. It’s really hard to tell. We don’t know. We’re never going to know why people come out of the woodwork and why they want to testify when before they didn’t want to testify. We don’t know why people now don’t want to testify when before they were willing to testify. You can read anything you want into it. We’re obviously now in a position to draw any conclusions about that. I think everybody who is watching this trial is able to draw whatever conclusions they want to and whatever conclusions they think are important. That’s what’s so interesting about what’s happening here with this whole internet thing that you’re doing with this trial. Everybody who’s watching this is just like the jurors.
MS. WALLER: Right.
MR. WALLER: They are sitting there. They are watching it and they can evaluate the witnesses as well, and that’s something that everybody has to take into account–the prosecution and the defense. They know and they’re advisers. You know, they have experts that come in and advise them what to expect. A lot of times they have mock trials. They’ll hire people to come in and pretend to be jurors and they’ll display the entire case for them because they want to get a sense of what’s happening, if there’s enough money involved. And in that context you really have to evaluate why people are there. I can assure you that at the end of the trial all the defense witnesses are going to be portrayed by the prosecution as being here to make a buck, to make a book, to get a movie deal, to do who knows what, and therefore you can’t relay upon their testimony. And the defense is going to do the same thing with the prosecution witnesses. And frankly, everybody just has to look at the people as they testify and make the best decisions and determinations they can for themselves.
MS. WALLER: And hope that the jurors are able to take all the information and go into the jury room at the end and sort through it and still get along well enough with each other to listen to each other when they look at the evidence?
MR. WALLER: Oh, they absolutely will. This jury–any jury–they’re going to go into that room and the judge is going to make sure they’re going to go into that room and do this. We’ve all seen enough of this judge. He’s not someone to be trifled with. He’s not going to allow a mistrial. He’s not going to allow any strangeness with regard to the jury occur. These people are going to into the jury room. They’re going to elect a foreman. They’re going to sit down. They’re going to start talking about it just like you would at the dining room table. And who knows what they’re going to say. They’re going to talk about, did you see this person? Did you see that person? It’s going to be names and name-calling and speculation and who knows what, and that’s just how it goes. That’s how a jury trial goes. You put your fate into the hands of these twelve people and hope that you’ve done your job the best you can as an attorney, because once they’ve got the case, they’ve got the case.
MS. WALLER: And it’s theirs?
MR. WALLER: Yeah.
MS. WALLER: Nothing more that you can say. Well, I would like to thank you for coming and joining me. I appreciate it. You have bailed me out today and I have no doubt I’ll be calling you again.
MR. WALLER: Oh, I hope so. I had a lot of fun.
MS. WALLER: Good. This was–and it’s a different perspective and it’s an interesting perspective.
MR. WALLER: Next time don’t call me at like 9:00 in the morning. It’s just a miracle I had this suit on.
MS. WALLER: A T-shirt would have worked just fine. And again, my brother Marshall W. Waller. He was a former trial attorney and litigator.
MR. WALLER: I’m still a trial attorney.
MS. WALLER: Still a trial attorney. A divorce attorney, family practice, certified family practice specialist.
MR. WALLER: You’re not very good at that whole marketing thing are you?
MS. WALLER: I don’t know. I’m not great at the marketing thing. Okay, you say it: You are–
MR. WALLER: I’m a certified family law specialist. I am a divorce lawyer.
MS. WALLER: And a trial attorney litigator.
MR. WALLER: Did I ever represent you?
MS. WALLER: No.
MR. WALLER: Okay.
MS. WALLER: And a sometime legal analyst for the Phil Spector trial.
MR. WALLER: Absolutely.
MS. WALLER: And will probably be joining me again. Thank you very much. We’ll have a wrap-up for you tonight on Prime News with Hal Fishman and Lela Feinstein. Court resumes tomorrow morning at 9:30 a.m. here on KTLA.com. I’m Marta Waller from the KTLA newsroom. Thank you very much for joining us. Have a good evening.