Dr. Murray (middle) in court |
Lab results presented Thursday at Dr. Conrad Murray’s involuntary manslaughter trial show that Michael Jackson’s fingerprints were not found on medical evidence taken from his bedroom at a rented Holmby Hills mansion.
But investigators were not able to lift prints from several pieces of medical evidence — nine bottles of propofol, a syringe, IV tubes and sedative vials — and a set of mystery prints was found on other items. Prosecutors read a statement, written with defence attorneys, that informed jurors a lack of prints didn’t necessarily mean the evidence wasn’t handled.
Who touched the medication bottles and other medical evidence is important because prosecutors are trying to prove Dr. Murray administered the powerful anesthetic propofol, then failed to monitor his patient. But the defence argued that it was Jackson, not Murray, who administered a fatal dose of propofol June 25, 2009 — the day the King of Pop died.
A coroner’s report cited “acute propofol intoxication” in Jackson’s death. Defence attorneys hammered LA county coroner’s investigator Elissa Fleak, the first witness on the stand Thursday, with questions about the investigation in Jackson’s bedroom.
Dr. Murray’s defence attorney, Ed Chernoff, questioned whether a “substantial number of mistakes’’ had been made during the investigation in Jackson’s bedroom. Fleak denied doing anything wrong, but said she handled a syringe found on the bedroom floor.
I found that out later,” Fleak said of a thumbprint she apparently left on the syringe. She noted that she typically wears gloves during investigations. She said the print may have gotten on the syringe when she was moving a nightstand and glass table next to Jackson’s bed to photograph a propofol bottle on the floor. “I don’t remember if I was wearing gloves when the tables were moved,’’ she said. Chernoff asked her, “You don’t consider any of that a mistake?’’ “A mistake? No,’’ Fleak responded.
Deputy DA David Walgren picked up on the questioning, asking Fleak whether she conducted a “perfect investigation.” She said, “No,” and added that there are always things she would have done differently.Coroner’s toxicologist Dan Anderson also took the stand Thursday. He testified to the propofol found in Jackson’s system in several different tests.
Jurors have heard about and seen pictures of the drugs throughout the trial’s first eight days — propofol, lidocaine, lorazepam and others. They’ve also heard testimony from one of Jackson’s security guards, who claimed that a frantic Murray demanded he hide bottles of medicine when the two were in Jackson’s bedroom just minutes before paramedics responded to the estate.
The medical evidence testimony came a day after jurors heard the King of Pop — his words barely intelligible on a recording extracted from Murray’s iPhone — expressing his desire to wow fans during an upcoming tour. Prosecutors claim Jackson was under the influence of drugs at the time the recording was made — about six weeks before his death.
Jackson also described plans to build a children’s hospital after the “This Is It” concert series in London.
“That will be remembered more than my performances,” Jackson said on the recording as family members and the jury listened in court. “My performance will be up there helping my children and always be my dream. I love them. I love them because I didn’t have a childhood… I feel their pain. I feel their hurt. I can deal with it. ‘Heal the World,’ ‘We are the World,’ ‘Will You be There,’ ‘The Lost Children,’ these are the songs I’ve written because I hurt, you know, I hurt.’’
Prosecutors were attempting to show that Dr. Murray should have realized by listening to Jackson’s slurred and laboured speech on May 10, 2009 that something was wrong. A few hours after playing the recording, Deputy District Attorney David Walgren methodically arranged drug bottles for display in the courtroom.
During opening statements, defence attorney Ed Chernoff pointed out Jackson’s drive to please his fans. That ambition ultimately prompted him to give himself a fatal dose of medication, Chernoff argued, saying Jackson’s doctor was trying to wean him off propofol.
“Michael Jackson started begging,’’ Chernoff said. “When Michael Jackson told Dr. Murray, ‘I have to sleep. They will cancel my performance,’ he meant it.” Jackson created “a perfect storm” of drugs in his system, Chernoff said.
Meanwhile, the first week of testimony in the involuntary manslaughter trial of Dr. Conrad Murray has wrapped up and was centered on his actions the day Michael Jackson died in June 2009.
After repeated prodding, Senneff testified, Murray revealed a few details about his actions, saying he had only given Jackson a dose of the sedative lorazepam to help him sleep.
In addition, there were bottles of medicine on Jackson’s nightstand, and Murray finally offered that he was treating the singer for dehydration and exhaustion.
Senneff said Murray never mentioned that he had also been giving Jackson doses of the anesthetic propofol and other sedatives, a key omission that prosecutors say shows he repeatedly tried to conceal his actions during the struggle to save the pop superstar.
Murray, 58, has pleaded not guilty. If convicted, he could face up to four years in prison and lose his medical licence.
Prosecutors contend the Houston-based cardiologist repeatedly lied to medics and emergency room doctors about medications he had been giving Jackson in the singer’s bedroom. They claim Murray administered a fatal dose of propofol and other sedatives.
Defence lawyers claim Jackson gave himself the fatal dose after his doctor left the room.
Senneff said that within moments three other paramedics arrived and were helping work to revive Jackson. After trying multiple heart-starting medications and other efforts, Jackson was still lifeless.
“Did you ever see any sign of life in Mr. Jackson during the entire time you were attempting to save him,” prosecutor Deborah Brazil asked.
“No I did not,” Senneff said.
Another paramedic dispatched to the room, Martin Blount, agreed. He told jurors that they thought Jackson was dead soon after they arrived in the room.
Blount also said he saw three open bottles of lidocaine on the floor of the room but noted that Murray never mentioned giving Jackson the painkiller. He told jurors he saw the doctor scoop up the vials and drop them in a black bag.
Between the paramedics’ testimony, Superior Court Judge Michael Pastor threatened Murray’s lawyers with a contempt charge over an interview the law partner of lead defense counsel Ed Chernoff did Friday with “The Today Show.” In the interview, attorney Matt Alford criticized a key prosecution witness, Jackson’s bodyguard Alberto Alvarez.
Alvarez testified Thursday that Murray ordered him to place vials of medication in a bag before calling 911. Defence attorneys have repeatedly challenged his account.
Prosecutors complained and Pastor watched the interview during a break. He told attorneys he was shocked and had watched the interview “with my mouth open.” The interview was done hours after the judge warned attorneys not to comment about the case outside court. He ordered Alford to appear for a contempt hearing on Nov. 15 and described him as a witness after Chernoff told Pastor to hold him in contempt instead of his partner. All the discussions about the interview were held outside the presence of jurors, who are under strict orders to avoid media coverage about the case.
By Uduma Kalu with aaagency reports
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