Posted: Tue., Apr. 15, 2008, 9:59am PT

Pellicano trial temporarily halted

Arneson's attorney calls for mistrial

The Anthony Pellicano trial was brought to an abrupt halt Tuesday as the defense for one co-defendant called for a mistrial.

Chad Hummel, the attorney representing former LAPD Sgt. Mark Arneson, filed the motion, arguing that the government had access to and used statements that Arneson made during a 1999 Internal Affairs hearing that brought up his illegal database searches for the P.I.

Arneson had been under the impression that those confidential statements wouldn’t be used against him during any future criminal proceedings; Hummel argued that prosecutors brought up information Arneson provided when they cross-examined him on Friday.

Hummel contended that he would never have allowed Arneson to testify had he known that the prosecution would use the former cop’s words against him. He also never knew the government had the statements in their possession and thus requested a dismissal.

Assistant U.S. attorney Daniel Saunders denied that the government had heard the Infernal Affairs testimony and argued that any questions asked to Arneson on Friday were never answered, thus making the motion for a mistrial irrelevant.

At first, Judge Dale S. Fischer wouldn’t grant the hearing for the mistrial and ordered Hummel to call another witness or put Arneson on the stand again.

But she finally budged when Hummel threatened to appeal to the 9th Circuit if the judge didn’t grant a hearing. The hearing took place later that morning.

As a result, the jury was sent home until at least Wednesday.

Hummel was set to call high-profile Hollywood attorney Bert Fields to the stand to discuss his close relationship with Pellicano, but he’ll now have to wait until tomorrow, if at all, depending on whether Hummel gets his way.

There’s no court set for Thursday due to the Jewish holiday.


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