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Kelly Soo Park To Get Her Hard Drives Back Before November 10th. Stephen Bernard, New Defense Counsel, Moves The Case Forward.
By Lonce LaMon - September 15, 2011

Another pretrial conference finally took place yesterday morning in the case of The People vs Kelly Soo Park in Downtown Los Angeles at the Clara Shortridge Foltz Criminal Justice Center. Kelly is accused of murdering aspiring actress and model Juliana Redding in March of 2008. 

It is speculated that Dr. Munir Uwaydah, an orthopedic surgeon who has fled the country and is believed to be currently living in Lebanon, manipulated and masterminded the murder while driven by his excessive greed in exploiting and defrauding the California workers' compensation system. 
 
Juliana Redding had been a girlfriend of Dr. Uwaydah.  Suspiction swirls around Uwaydah's relationship with Juliana's father, a pharmacist named Greg Redding. The pharmacist backed out of a deal to do business with Uwaydah just days before Juliana Redding was found dead in her Santa Monica apartment. Kelly Soo Park received large payments totaling in the hundreds of thousands of dollars just before and after the murder.
 
 
Kelly Soo Park, center, gazes at a box of documents at the top of the stairs which descend down to Clara Shortridge Foltz Criminal Justice Center on Temple Street at Broadway in Downtown Los Angeles.  Photo by Lonce LaMon
 
Stephen Bernard, Kelly's present defense counsel, took over the case in July, just two months ago, after former counsels Kay Rackauckas and Jennifer Keller resigned after receiving a $100,000 payment in the form of a check from Frontline Medical, a medical firm of which Munir Uwaydah is a predominant owner.
 
"We don't want the money," Kay Rackauckas said in court last Summer.  Since there in an "ongoing investigation" of Frontline Medical for extensive workers' compensation fraud, the $100,000 from Frontline to pay for Kelly Soo's defense, was discussed in court as potentially ill-gotten money.
 
Now, Stephen Bernard is asking for time to prepare for trial and is also trying to move the ball down field on certain motions.  Yesterday he sought to convince the court that it has been a ridiculously long time--over a year now-- that the prosecution and law enforcement has held onto Kelly Soo's hard drives.  And he won his argument by convincing the Court that time has run out and that there's no reason to hold up Kelly Soo's personal business records, along with other merely personal items such as photographs, which have nothing to do with the fraud investigation, and are on her confiscated hard drives.
 
Stephen Bernard, right, Kelly Soo Park's defense attorney, pauses at the top of the stairs at Clara Shortridge Foltz Criminal Justice Center with part of Kelly Soo's entourage.   Photo by Lonce LaMon
 
Bernard called the preponderence of evidence on the hard drives "exculpatory evidence". 
 
Stephen Bernard:  The business records of Kelly Soo Park have nothing to do with the fraud investigation. These are her filings, tax returns. These records are separate from any motion as part of any criminal investigation.  One can look at her businesses online.  They have nothing to do with this case. 
 
But the prosecution, led by Alan Jackson, at one point argued that Bernard's arguments "were not going to fly". He retorted that the hard drives undermine the ongoing investigation. 
 
However, Bernard continued by informing that information technology companies, such as Data Chasers, routinely mirror hard drives and can duplicate data.  He pressed that the greater value of the data on Kelly Soo's hard drive was "exculpatory data" and that she had a right to it. 
 
But further discussion from Judge Kathleen Kennedy explored the idea if Kelly Soo was prepared to differentiate the contents of her hard drive.  Stephen Bernard stated each side could pay for their own expert and that they could even do a protective order.
 
Stephen Bernard ascends the stairs at Clara Shortridge Foltz Criminal Justice Center after court on September 14th right behind Kelly Soo.  Photo by Lonce LaMon.   
 
Alan Jackson, D.A.:  Is she capable of parsing out some files from certain files?
 
The prosecution asserts that some of Kelly Soo Park's businesses are inextricably intertwined with Dr. Munir Uwaydah.  The Bubble Bakery is Kelly Soo's business and so is Sherwood Financial.  But the alleged involvement of Uwaydah in these businesses is what is creating the blurry line of where Kelly Soo ends and Uwaydah begins. It was at the address in Oxnard of both of these businesses that Lebanese businessman Khaled Ghandour was fraudulently served in the court fraud that was committed by Uwaydah in 2009 in the Santa Monica branch of the Los Angeles Superior Court.
 
Stephen Bernard: There's no excuse for them holding that information for over a year.  It's gone on too long.  We're trying to prepare on a murder case.
 
Stephen Bernard, of the law firm Bernard & Barnard located on Wilshire Boulevard in West Los Angeles, is a mature veteran attorney with white hair that covers his whole head and is thinning but is not balding. He appeared in the court room in a dark suit with a blue shirt and sat with his client at the end of the table before the bench.  Kelly Soo wore a long grey vest that was almost like a skirt with a white stretch top with three-quarter length sleeves. 
 
Alan Jackson, the deputy D.A., is a strikingly slim man with dark brown hair.  Jackson turned over some CDs to Kelly Soo in the court room.  Many boxes of discovery evidence were there, as well.
 
Judge Kathleen Kennedy:  I will go in chambers with the detective and will see how to proceed.
 
The judge was talking about Detective Karen Thompson of the Santa Monica Police Department.  So, the honorable Kathleen Kennedy left the court room and from there everybody waited.
 
Kelly Soo had her entourage of 12 to 13 people with her. There were the usual bodies and faces, along with Deborah Von Cleave, a former employee of Frontline Medical.  There was also the man I call "the middle line-backer" because of his impressive size, appearance of Herculean strength, and the width of his shoulders.
 
Stephen Bernard on the sidewalk at 210 E. Temple Street after court on September 14th.  On the right shown from behind is "the middle linebacker".   Photo by Lonce LaMon. 
 
The judge eventually returned.
 
Judge Kathleen Kennedy:  The detective showed me something called a file tree. It was Greek to me.
 
Stephen Bernard:  It was Greek to us.
 
Judge Kathleen Kennedy: Just having the name on the file gives us nothing but a name.  It gives us nothing other than the fact that there are files. It does not help the court.
 
Any files in an ongoing investigation are not discoverable.  Any files the prosecution is going to use are discoverable.  And anything discoverable has to be turned over.
 
It seems to me that this cannot stay in limbo forever. 
 
Stephen Bernard then suggested using some kind of file data expert. 
 
Judge Kathleen Kennedy:  I don't think the prosecution or police can just keep these computers forever.  That's not a tenable position.  You're going to have to do something.  You have to differentiate between these files.
 
Alan Jackson, D.A.:  I think you're right.
 
Then Alan Jackson conceded to the fact his department had to take action now and differentiate the files.  They had to come up with a reasonable belief if they labeled something as not being discoverable.
 
Alan Jackson, D.A.: There are hundreds of hundreds of thousands of files.
 
Then, this writer overheard someone from within Kelly Soo Park's entourage in the audience seats whisper, "He's such a liar." 
 
Kelly Soo Park carries unassembled boxes out of the court house on September 14th.  She will have all her hard drives returned before her next conference on November 10th.  Photo by Lonce LaMon
 
Steven Bernard:  Thank you.  I'd like to set another status conference.
 
The next status conference was set for November 10th, Thursday, at 9:00 am.  And the judge reminded the prosecution before allowing the court to adjourn that the hard drives must be returned to Kelly Soo Park before November 10th.
 
 
 
 
 

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