Tobacco On Trial

Judge Gladys Kessler Monday ordered the written direct testimony of Frederick Gulson sealed, and the online PDF file removed from the government’s website.

Defendant BATCo had objected to the testimony’s use of quotations from the “Foyle Memorandum.” Those quotes were taken from Australia’s Eames/McCabe decision of March, 2003.

DOJ sources are unsure how this might affect Mr. Gulson’s testimony, which is set for Wednesday morning. Removing something from a government website is notoriously difficult. DOJ sources did not know how long it will take to remove the testimony. The order could be rescinded before removal is accomplished, as the order still doesn’t address the full “Resolution of The Defendants’ Objections.”

Dr. David Burns, who will continue his cross examination this morning, reported that his mission of mercy to Mr. Gulson’s hotel room last night went fine, and he hopes that Mr. Gulson is feeling better this morning.. Of course, he was cautioned in court not to discuss any testimony at all with Mr. Gulson during his “house call.”.

Text of Judge Kessler’s February 15, 2005 order follows:

ORDER #877

Upon consideration of BATCo’s Emergency Motion to Seal the Proffered Written Direct Testimony of Mr. Frederick T. Gulson Pending Resolution of The Defendants’ Objections, the Government’s Opposition, the Reply, and the entire record herein, it is this 15th day of February, 2005:

ORDERED that BATCo’s Motion is granted; and it is

FURTHER ORDERED that the Clerk of the Court place any paper copies of Mr. Gulson’s written direct testimony under seal until further order of the Court; and it is

FURTHER ORDERED that the Clerk of the Court remove Mr. Gulson’s written direct testimony from the public’s access via the ECF system until further order of the Court; and it is

FURTHER ORDERED that plaintiff shall remove Mr. Gulson’s written direct testimony from its website as soon as feasible until further order of the Court.

Date: February 15, 2005 _____/s/____________________________

Gladys Kessler

United States District Judge

This entry was posted on Wednesday, February 16th, 2005 at 9:11 am and is filed under Notes. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.