BARD - D4vd Preliminary Hearing RECAP: What Does The Defense Have?

**SPEAKER_1** (0:00)
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**SPEAKER_3** (1:02)
This is Beyond A Reasonable Doubt with your hosts, Mark Geragos and Gary Smith.

**Lauren Conlin** (1:10)
That's right, Gary.

**Mark Geragos** (1:11)
And once again, I want to start with Gary Smith. We're really giving Gary some quality family time, aren't we? Why is he taking you away from your quality family time?

**Lauren Conlin** (1:21)
It's okay. It's okay. We have a lot to talk about, so I was ready for this, and it's Gary's, I think he's got a birthday in the family, so it works out.

**Mark Geragos** (1:32)
And you were in LA. I didn't even see you once.

**Lauren Conlin** (1:38)
I don't even know if you were there. I have no idea if you were there.

**Mark Geragos** (1:41)
And what were you covering in LA, Lauren?

**Lauren Conlin** (1:45)
Well, Mark, I think you know, but let's tell everyone. I was covering the David preliminary hearings, and there is going to be at least a half a day on Monday, but I am told it should wrap by then. So our LA Magazine reporter, Taylor, will be covering that from LA, but I will be assisting remotely, and we're going to do a live at lunch to give everybody just a rundown of what's going on. But I have to tell you, I just finished listening while I was running errands to you and Harvey on Two Angry Men.
I disagree with you both. I mean, mainly you. I'm mainly you.

**Mark Geragos** (2:26)
I know it's mainly me. I get it. Because you're in there and you got sucked in, and I get it. That's what happens.

**Lauren Conlin** (2:35)
Not sucked in.

**Mark Geragos** (2:36)
You got sucked into the idea of exactly what the prosecution was hoping to do. But go on. I want you to make your...

**Lauren Conlin** (2:46)
Let me say one thing to you.
So you played a clip that I had recorded for you guys, and I had told you we were all waiting for this rift between the Emmy's office, the DA's office, LAPD, because the medical examiner previously put out a statement saying, when basically the LAPD got this autopsy sealed, they did not agree with it. The Emmy's office is like, no, we pride ourselves on transparency, all this stuff. During questioning by both the defense and the prosecution, the lag between them releasing the autopsy was based on toxicology. So are you telling me that he committed perjury on the stand because that's what he said?

**SPEAKER_6** (3:35)
What are you guys saying?

**Mark Geragos** (3:36)
What I'm telling you is that not once, but twice, the DA's office went to a superior court judge. They were thwarted the first time. They were successful the second time. And it took a third judge to unseal the autopsy report. And all you've got to do is go and look at the press releases, which is on the coroner's office website. They took the unprecedented move of slamming, if you will, the investigating agency for not being transparent and for shutting them down.
The idea that there was no riff is ludicrous, number one. Number two, the person who was testifying is not the person who authored the press release. It was his boss. The person who's testifying is not dissimilar from a lying pathologist that I had in a trial who I was showing some of these press releases in a completely unrelated trial who said, I don't know. I've never seen it. I don't get it. He doesn't know the politics of it. And if I'm not mistaken, one fun fact was that there was a trainee who was doing the autopsy. Oh, yeah.