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January 19, 2019
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Dr. Uwaydah Workers' Compensation Fraud Case Back In LA Court May 15th. Defense Gets Their Way With First Witnesses On The Stand In Evidentiary Hearing.
By Lonce Lamonte - May 9, 2018

Proceedings in the Criminal Organization Munir Uwaydah case for workers’ compensation fraud will come back to criminal court in downtown Los Angeles next Tuesday, May 15th 2018.  Then, the Evidentiary Hearing driven by the defense’s motion for alleged attorney-client privilege violations by the prosecution will continue after having taken a recess on May 3rd but having begun on April 2nd 2018.

The court reporters now just refer to this case as the People vs. Turley, and so does the court clerk.  It’s Paul Turley, D.C., defense attorney Benjamin Gluck’s current client, who’s the pawn who has taken the fall for Dr. Munir Uwaydah, a spinal surgeon, to the tune of 25 months in jail and months of follow-up unemployment.   But, let it not be forgotten this is the case of Criminal Organization Munir Uwaydah, as it was Uwaydah who ran everything, controlled it all, and still controls it all from his gilded cage in Beirut, Lebanon.  

Munir fled Los Angeles and the U.S. in June of 2010 right on the wake of Kelly Soo Park’s arrest for the murder of aspiring actress and model Juliana Redding.  He now still lives in Beirut after nearly eight years on the lam while leaving his disciples behind to serve jail time and multiple felony charges.

Back on Monday morning, April 2nd, Benjamin Gluck showed up to the court room door in his fine suit, a nice blue shirt and a maroon tie hauling a dolly with four file boxes stacked on it.  Following up behind him, the stunning and statuesque Vicki Podberesky, defense lawyer for Maria Turley, arrived with her own dolly of multiple boxes.  Then Benjamin left and came back shortly thereafter with another load of four file boxes followed by his court-consort, lawyer Nicole Van Dyk, hauling a box of her own.  Then came Gabriela Rivera, a young, lovely, highly credentialed Bird firmer (meaning she’s from the law firm of Bird Marella), and the lawyers just kept on arriving.

Benjamin Gluck, never to be repressed, had to throw out a quip, “Boxes full of justice.”

Then a preponderance of the defendants appeared.  Kelly Soo Park, relaxed and serene five years hence of being acquitted of murder, arrived in her usual casual, chic regality.  She wore a white shirt, black jacket and slender, dark blue jeans.  Ronnie Wayne Case came in torn-up jeans again wearing blue shoes.  Marisa Schermbeck Nelson, the prosecution’s hopeful star witness, arrived in her black sweater and pants with her signature, needle-nosed high heels.  Her petite lawyer, Amy Jacks, sat down in the back of the court room clad in her beige fish-net stockings.

The court was ready.  Gluck was ready to go with his first three witnesses, all Uwaydah lawyers: Harry Nelson, Richard Green, and Bo Thoreen.  They were waiting in the wings to testify.   But lead prosecutor, Dayan Mathai, was not so hot to trot.   He wanted his motion to consolidate the new charges in his new complaints (from October of 2017) with the remaining charges from the September 2015 complaints to be heard immediately along with Gary Kaufman’s (Tatiana Torres Arnold’s lawyer’s) motion to dismiss.  Dayan Mathai had understood from prior communications in court that these motions would go first.

He argued further that in order to go forward with the alleged violation of attorney-client privilege testimony, the defendants other than Paul Turley had to put in writing the basis of their claim of privilege.  They had to file a declaration per the court’s order, and only Paul Turley had, thus far, done so. 

Thus, arguments erupted from Gluck and Winston McKesson.  McKesson has represented Peter Nelson, Uwaydah’s former physician assistant, for only the last six months.  Mathai insisted on addressing what he called the threshold issue of “Is there even a privilege; and what’s the basis of that privilege?”  He wanted Marisa to butt in line and get precipitously on the stand to say it was all Uwaydah; he controlled everything; nobody had any privilege but Uwaydah as everybody else was a pawn.  And Mathai went on.

Dayan Mathai:  We have present subpoenaed witnesses who will also address that issue, that threshold issue of is there actually a privilege in this case that’s a bona fide good faith claim of privilege, and especially as to Paul Turley.  The People have witnesses prepared to address the court to show that there is actually no privilege in the documents that are at issue in this case before you, your honor. 

Dayan Mathai clearly did not want the three Uwaydah lawyers to get up on the stand first and state at the onset they represented Paul Turley or Peter Nelson, and then view documents as exhibits obtained by the defense through discovery from the prosecution that were their work product and other confidential communications.

As Benjamin Gluck has ranted for a year, Dayan Mathai has been kicking the can down the road on this Evidentiary Hearing and now it has mushroomed to include a motion to dismiss plus other conflagrations against the prosecution.  He can’t kick it any more.  It has snowballed. 

The prosecution has to stay alive under even heavier artillery so they can be heard on their motion to recuse Benjamin Gluck for egregious conflicts of interest.  Gluck has represented Dr. Uwaydah personally, plus Uwaydah’s numerous shell companies along with more than half the defendants in this case.  Gluck has been the village bicycle: everybody has ridden him.  So, the conflicts go every which way creating due-process and constitutional rights violations.

But Benjamin isn’t so easy to get rid of.  He rules the roost of the defense, a flank of defense lawyers who are over-the-top in their level of skill and competence.   Judge Fidler allowed the lawyers waiting in the wings to testify first.  Gluck called his first witness:  Harry Nelson.

To be continued…




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