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The brief act of gallantry led the plaintiffs' attorney, Robert G. Schock, to ask Judge Ronni MacLaren for a mistrial? How could the potential jurors not be biased after witnessing the defendant's bold action, Schock argued. Despite the best efforts of Lilja's attorney, Barry C. Marsh of Hinshaw Still & Hinshaw LLP, to argue against the mistrial motion, the judge agreed with Schock, arguing the jurors' bias would be "incurable." MacLaren dismissed the 35 jurors and set a new trial date for April 2. Lilja could not be reached for comment and the offices of Hinshaw Still & Hinshaw refused to comment on active litigation. The physician lent his frenetic drumming to The Offspring between 1984 and 1987. In an interview 30 years after Lilja left the band , Offspring frontman Dexter Holland described his former bandmate as a "great guy with a pretty warped sense of humor." "This guy was dying to get into medical school," Holland said. "In fact, he was so intent on getting into medical school that he didn't really even practice with us much." Lilja was replaced by Ron Welty.

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