Oral argument summary - Dr Gary Michelson criminal case, Ex-Forbes billionaire, Spine, patent

Appellant spoke first. Jonathan Michaels spoke for a couple of minutes. The Justices interrupted and asked a few questions. Then the Justices asked the Attorney General representative to speak. The Justices asked him what type of case was this. The AG stated it was "larceny by trick." AG said that defendants marked up price of land by 40% to 50%. Justice asked AG how much defendants "stole." AG said paraphrased "count 3 was for a $759,000 purchase." Again Justices asked him how much defendants "stole." Justice rephrased the question "Do you have any proof what the defendants paid for the land?" AG said "no." AG then said paraphrased "Powers was only supposed to take a 6% commission." Of course we all know there was no such oral or written agreement. Justice then asked, said "you have no document, no physical evidence of what was stolen." AG admitted that Gary gave an agreed upon amount of money i.e. $759,000 and received the agreed upon land. I believe the Justices wanted the AG to admit that the state had no proof of anything being stolen as they had no evidence of what defendants paid for the properties. If you don't know what they paid for the property, you can't prove if they made a profit or had a loss.

The Justices did not bring up the fact that the one standing claim should be a misdemeanor which should then be dismissed under the new proposition as both defendants did not have a record.

As per the Appeals case file the exhibits were returned to the county clerk four days before oral argument. That means Justices already read the briefs and saw the evidence. It appears their minds were 99% made up before oral argument which is normal. The actual opinion is due at the latest February 1, 2016. Below is the case file, docket.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=2097149&doc_no=B261156

Based on the evidence and law that I've seen the defendants are of course innocent. We can only pray that the court will be fair. This case should have been dismissed in the lower courts. I think the superior court judge just didn't want to do that because of pressure from the DA's office because Gary Michelson gave Cooley money. Gary Michelson also took Cooley and his office out to lunch to "thank them for their work on this case" per Gary Michelson in court.

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