The trial of Michael Jackson's doctor: Live Report
(AFP) – 14 hours ago
LOS ANGELES — 1630/2330 GMT: With testimony concluded for the day, Agence France-Presse is closing this Live Report.
1617/2317 GMT: The trial was adjourned for the day, set to resume at 8:45 am (1545 GMT) Wednesday.
1614/2314 GMT: Brazil asks Gongaware about a meeting at Jackson's house in early June 2009 with Jackson, Ortega, Phillips and Murray.
"The meeting was to get Michael fully engaged."
He describes the tone of the meeting as "great."
"Michael was not at all defensive," Gongaware tells the court. The meeting was about how to get "everything he (Jackson) needs to get to where he wants to be. His health, eating habits, rehearsal habits, his engagement with the whole process."
The witness adds that Murray was "very engaged" at the meeting.
1613/2313 GMT: As a result of Jackson's request, Gongaware contacted Murray, who wanted to the job, but he demanded $5 million a year.
Gongaware's response to the request was "no way," because Jackson "could not afford it."
Gongaware says he then ended negotiations with Murray, but Jackson was insistent and told Gongaware to offer Murray $150,000 a month.
Murray accepted once he knew the offer came directly from Jackson, Gongaware tells the court. Murray told Gongaware not to worry about the fact he was not licensed in Great Britain, but added that he would need housing in London.
1610/2310 GMT: Gongaware describes a meeting at which Jackson arrived late because he had been at an appointment with his doctor, "Dr Klein."
He says at this meeting Jackson was "a little bit off, his speech was slightly slurred and he was a little slower than I knew him to be."
Jackson told Gongaware that he wanted to hire Murray to be his personal physician for the tour.
Gongaware says he told Jackson he didn't know Murray and would rather hire a doctor in London where they were going. Jackson's response was to point to his body and say, "This is the machine... we have to take care of the machine."
"This is what I want," Jackson told Gongaware. "I want Dr Murray."
1603/2303 GMT: Gongaware says he was present at rehearsals at Center Stages in Burbank and describes Jackson as "excited. He wanted to work."
Brazil asks, "Did he seem happy?" Gongaware says Jackson did. The singer was also enthusiastic at other rehearsals, the witness says.
1550/2250 GMT: Initially AEG Live contracted 31 shows at London's O2 arena for the tour, Gongaware tells the court.
Asked about the number of shows, Gongaware says it was set at 31 because Prince, the artist, had done 21 shows at the arena and Jackson wanted to do 10 more.
Brazil asks about the public response when the first 10 shows were announced. "Blew out. Sold out instantly," Gongaware says. "As we put shows up they sold out instantly."
He also says that after 50 shows sold out, there was still 250,000 people waiting to get tickets.
1546/2244 GMT: Paul Gongaware is sworn in.
Deputy District Attorney Deborah Brazil asks Gongaware about his job. He says that as co-ceo of AEG Live Concerts West, he produces and promotes concert tours, something he has been doing for 35 years.
He worked with Jackson on previous tours and was the producer and promoter of the upcoming "This Is It" tour, he tells the court.
He says Jackson appeared "totally engaged" and excited about the tour.
1538/2238 GMT: The cross-examination of Ortega finishes and the prosecution calls Paul Gongaware, who worked for Jackson?s concert promoter, AEG Live.
1528/2228: Murray's lawyer asks if Jackson was intimately involved in all parts of the show -- the choreography, the songs.
Chernoff: He was the boss?
Ortega: Yes.
Chernoff: It was his show?
Ortega: Yes.
Asked about the rehearsal where Ortega became alarmed about Jackson's state, the choreographer agrees Jackson's condition scared him. Chernoff asks if he ever thought Jackson might be on drugs. Ortega says yes, he did.
1527/2227 GMT: Chernoff asks Ortega if he was fighting with Murray during the June 20 meeting. Ortega says no. But he says that "what Dr Murray was saying to me was not exactly what had occurred."
Ortega is asked if he remembers telling Karen Faye, Jackson's makeup artist, "not to placate Michael Jackson." He says he did not. Chernoff asks if Ortega would have been personally impacted if Jackson had been unable to perform.
It would have affected everyone, Ortega replies. "It would have made it impossible for me to do my job."
1521/2221 GMT: The defense gets a chance to question Ortega, and the tone is quite different.
During cross-examination, Chernoff Ortega if he knew why Jackson wasn't showing up to rehearsals. Ortega said his email to the producers was based on "real concerns" that they would not make the "goals of the tour."
Asked what the impact of canceling the tour would be on Jackson, Ortega says: "Creatively he would have been devastated. He really wanted to do this tour... Professionally, I'm sure it would have not been a good thing."
1513/2213 GMT: Prosecutors show another video, this one of Jackson's last ever performance, a rehearsal of Earth Song on June 24 at the Staples Center.
Jackson, in a black jacket, moves about the stage as he sings, at one point kicking up his knee in time to the music.
Ortega tells the court Jackson stepped off the stage and watched the next part of the rehearsal with him so Jackson could observe the lighting.
"In your conversations with Michael, did you and Michael discuss professional plans beyond this tour?" Walgren asks. Ortega says the singer did. "Michael hoped that after the London dates that he would be able to take 'This is It' out into the world, perhaps even into the United States, and after that, to make movies."
The prosecution finishes it questioning of Ortega.
1506/2206 GMT: Testimony resumes with prosecution showing footage of Jackson rehearsing the song "The Way You Make Me Feel" on June 23, two days before Jackson's death.
The singer moves easily about the stage and dances in sync with his back-up dancers, who Ortega says are aged between 18 and 24.
Ortega agrees the video reflects Jackson's demeanor from that day.
1446/2146 GMT: The trial pauses for a 15-minute break.
1445/2145 GMT: During a rehearsal on June 24, the day before Jackson's death, after two successful days of rehearsing, Jackson asked Ortega if he was happy, the choreographer says.
Ortega said he was happy and asked the singer if he was happy. Jackson told Ortega he was "very happy" and felt like they were realizing their dream, Ortega tells the court.
They also discussed an illusion for the show Jackson was "excited" about, Ortega says.
"Michael was very happy... I told him that I loved him, he told me that he loved me more." Jackson gave him a hug and they parted.
1443/2143 GMT: At rehearsals on June 23, Jackson entered full of enthusiasm, Ortega says. "He was a different Michael."
The next day he was the same, "A full participant in both rehearsals and other areas of production."
1440/2140 GMT: Ortega says he was asked to attend a meeting at Jackson's house about the singer's condition on June 20.
Ortega says Murray confronted him at the meeting and was upset that Jackson had been prevented from rehearsing the previous night.
The choreographer says Murray told him to stop trying to be an amateur doctor and psychologist and that Jackson was physically and emotionally capable of handling all his responsiblities for the show."
Ortega says his response to this was shock, "because Michael did not appear to me to be physically or emotionally stable."
Jackson himself then insisted he was capable of doing the shows, assured Ortega he was fine and hugged him, Ortega tells the court.
1434/2134 GMT: Ortega is asked about an email he sent expressing his concerns about Jackson's condition in the wake of the June 19 rehearsal.
In the email, shown to the court, Ortega wrote that he feared the singer needed urgent treatment.
Jackson was "trembling, rambling and obsessing" and needed to psychologically evaluated and receive help from a "strong therapist" if he was going to make the tour.
The email also noted the singer had lost weight and questioned who was taking care of him.
Ortega wrote he fed and wrapped Jackson in blankets to warm his chills. Ortega wrote that after bringing Murray "into the fold" and using a "tough love" approach to get Jackson to attend rehearsals, Jackson might be unable to "rise to the occasion due to real emotional stuff."
In the email, Ortega said Jackson desperately wanted the tour to go ahead., but that he was like a "lost boy."
1425/2125 GMT: Ortega says he first met Murray at Jackson's house in April or May 2009.
The doctor would attend the rehearsals on a "very limited basis."
In mid to late June 2009, there were several days when Jackson did not show up for rehearsals, Ortega says.
"It became this continued absence and I was only told that it was 'scheduling.'"
But Jackson did attend a rehersal on Friday June 19, 2009, however, his behavior concerned Ortega.
Ortega describes Jackson as "chilled, lost and a little incoherent. I did feel that he was not well at all."
Jackson wanted to sit with Ortega and just watch the rehearsal.
"He just seemed, he wasn't there like he...like there was something wrong." Ortega says he had never previously seen Jackson in that state.
1414/2114 GMT: Ortega describes the "This Is It" tour as "a big arena production" with a 3D movie screen, which had been Jackson's idea.
Rehearsals would typically start in the late afternoon or evening and last for five to seven hours.
1407/2107 GMT: Ortega tells the court that Jackson was "very excited" when he called to ask him to work on the "This Is It" tour.
Ortega was to be co-creator and co-director along with Jackson, he says. They began working on together on the tour in mid-April 2009, at first seeing each other three to four days a week and later, five days a week.
1402/2102 GMT: Ortega describes his job as a film and television director and stage choreographer and says he has been working in the field since the 1970s.
He says he first met Jackson in 1990 and worked on several of the pop star's productions.
Ortega describes creating shows with Jackson as "extremely creative, enjoyable, fun, inspirational."
"Michael and I would meet and begin at the beginning and have an entire creative process sculpting out the ideas."
He said Jackson did the choreography himself or worked with other choreographers to create the dances.
1359/2059 GMT: Choreographer Kenneth Ortega takes the stand and is sworn in.
1356/2056 GMT: Chernoff says the levels of lorazepam found in Jackson's stomach was four times greater than that found in his blood which indicated he had taken up to 8 pills on his own without his doctor's permission or knowledge.
He then "self-administered an additional dose of propofol and it killed him like that, there was no way to save him."
His death was a tragedy, Chernoff says, but Murray is not responsible. He urges the jury acquit him, saying Murray is "not perfect... but in this criminal court, we believe he is not guilty."
1350/2050 GMT: Chernoff, continuing his assertion that Jackson administered the lethal dose of propofol himself, tells the jury that 25 mg of propofol would "dissipate in ten minutes."
He says the amount found in Jackson's body was consistent with major invasive surgery, an amount larger than 100 mgs.
The defense lawyer says his witness, Dr White, would testify that "in his expert opinion, Dr Murray could not have killed Michael Jackson, he could not be responsible for this death. All the amounts Dr Murray gave were not capable of causing that death."
"The science will prove there had to have been more propofol delivered to Michael Jackson when Dr Murray left the room."
1344/2044 GMT: The judge and jury are back from their lunch break and Chernoff resumes the defense's opening statement.
After he finishes, the prosecution is expected to call as its first witness, Kenny Ortega, the choreographer who was the co-creator and co-director of the "This Is It" comeback tour Jackson was working on when he died.
1202/1902 GMT: The trial breaks for its noon recess. The hearing will resume at 1:30 pm.
1159/1859 GMT: Chernoff says he wants the jury to know exactly what propofol is and what it isn't.
Dr Paul White, an expert in propofol, will say propofol is normally used as an intravenous drug.
"It is not a poison, it has one job to do and that is to put people to sleep," Chernoff says. "What Dr White will tell you is this: when you perform invasive surgery and you use the amount of propofol necessary, propofol is both powerful and dangerous."
For someone of Jackson's size, 150 lbs, for invasive surgery, they would require more than 130 mg. That amount would cause a "sincere risk" that the patient would not wake up. But with the25 mg Murray says he gave Jackson, there was no risk of breathing difficulties or cardiac problems.
1152/1852 GMT: On the day he died, Jackson told Murray around 10:40 am, after he hadn't slept for 10 hours, that if he didn't get some sleep he wouldn't be able to complete his rehearsal and he would disappoint his fans.
He would fail if he did not get some propofol, Chernoff says.
Murray agreed to give him just a 25 mg injection of propofol mixed with lidocaine. Murray told investigators that when he gave this to Jackson the singer went to sleep. He checked his pulse and blood oxygen and both were normal. He left only when he felt comfortable, Chernoff insisits.
"By the time that Dr Murray left that room there was zero propofol in his (Jackson's) system."
1147/1847 GMT: Chernoff says the defense will present evidence about Jackson's treatments from his dermatologist, Dr Arnold Klein, who he would sometimes visit three or four times a week.
At each appointment, Jackson would receive a shot of demerol, (a painkiller).
"Dr Arnold Klein addicted Michael Jackson to demerol," Chernoff told the jury. And one of the most "insidious" side effects of demerol is "an inability to sleep, and for some paitents it's an absolute inability."
The jury would hear from a doctor who would say that the insomnia Jackson was suffering was from the demerol withdrawal, Chernoff said.
1144/1844 GMT: Chernoff tells the jury Jackson did not die because of Murray's treatment but because "Dr Murray stopped" giving Jackson the drugs he demanded.
1142/1842 GMT: Chernoff insists Murray was actually trying to wean Jackson off propofol at the time of the singer's death.
He says Murray had refused to give propofol to Jackson on the day he died because he was on the third day of a weaning process that appeared to be working.
When Jackson began begging for propofol, Murray could not understand why he wasn't sleeping and searched his bed to see if the medicine was leaking.
1135/1835 GMT: Chernoff says that when Murray began working as Jackson's doctor, the singer told Murray he could only sleep if he was on propofol and had always done this on tour.
Jackson's nickname for the drug was "his milk." Jackson told Murray he had to give it with lidocaine, which Jackson called, "anti-burn" to stop it from burning.
Chernoff says Murray was concerned about the powerful drug and believed that Jackson was going to use it irrespective of Murray, so Murray agreed to provide the singer with propofol.
1131/1831 GMT: Chernoff describes Murray as cooperative with police, answering questions without consulting with his lawyers.
"Dr Murray said to these police offices, 'I don't know what killed Michael Jackson. I want to know also.'"
1127/1827 GMT: Murray had no idea of the extent of Jackson's sleep problems when he began treating him, Chernoff says.
Jackson did not suffer from insomnia but "an absolute, total and thorough inability to sleep. Not for minutes, not for hours -- but for days."
1125/1825 GMT: Chernoff says that if Murray's patients couldn't pay, he wouldn't charge them.
"He would buy prescriptions for patients," the defense says.
1121/1821 GMT: Murray wipes away tears as Chernoff describes the doctor and Jackson as "friends first."
The lawyer says the jury would "learn about who Murray really is," not just "greedy" and out for money as the prosecution alleges.
"Dr Murray is no celebrity doctor. He is a cardiologist. He literally saves lives. That's who he is."
1115/1815 GMT: Murray's lawyer says Jackson, who was frustrated because he could not sleep and frustrated because his doctor refused to give him a drug that he wanted, "did an act that caused his own death."
Chernoff says Jackson swallowed 8 2mg lorazepam pills, which he called enough to put "six of you to sleep," while Murray was not around.
With the propofol, Jackson "created a perfect storm in his body that killed him instantly."
"He died so fast he did not even have time to close his eyes."
1110/1810 GMT: Chernoff puts up on a poster board outlining the questions the defense is asking.
The first question is "How did Micheal Jackson get to this point?" with Jackson's first name, Michael, misspelled.
1107/1807 GMT: Chernoff insists Jackson caused his own death by overdosing against Murray's advice.
1100/1800 GMT: The judge and jury return to the courtroom and Murray's lawyer, Edward Chernoff, begins his opening statement.
1045/1745 GMT: Outside the court, Barry Friedberg, a 62-year-old anesthesiologist, accuses Murray of being "a sociopath" who was not adaquetely monitoring Jackson.
"Leaving Jackson, who desperately wanted to sleep and was desperately asking for propofol, is like leaving a pyromaniac in a room packed with matches," Friedberg says.
1042/1042 GMT: The prosecution has finished its opening statement and the court is taking a break.
The trial is set to resume shortly with the opening statement from the defense.
1041/1741 GMT: "Conrad Murray abandoned Michael when he needed help," the state insists.
"The evidence will show that Conrad Murray figuratively and literally abandoned Michael Jackson on June 25, 2009," Walgren says.
"He left this vulnerable man filled with valium, midazolam, lorazepam and propofol with no medical monitoring equipment or resuscitation equipment. He left him there to fend for himself. It not only violates every standard of care but decency from one human being to another."
1032/1732 GMT: Walgren outlines more ways that Murray's use of propofol was inappropriate, including a lack of resuscitative equipment.
Significantly, Murray did not tell the paramedics about the propofol when they arrived.
They could not find a pulse on Jackson, but Murray, who as a doctor outranked them, insisted he could.
He told the paramedics struggling to save Jackson's life that the singer had been given lorazepam, but did not tell them about the anesthetic.
He made no mention of propofol, neither to the paramedics nor to the doctors at the hospital where Jackson was pronounced dead.
1023/1723 GMT: Walgren says Murray exhibited a "gross lack of any standard of care" and that medical experts will show that using propofol in Jackson's home represented an extreme violation of the standard of care and gross negligence on Murray's part.
Proper use of the drug requires constant monitoring of the patient's heart rate, pulse and blood oxygen, Walgren tells the court.
But the state asserts that Murray was not monitoring Jackson. An oxygen tank found near Jackson's bed was empty. A blood pressure cuff was unused, and Murray's blood oxygen measuring device had no alarm, making it effectively "useless," according to Walgren.
1018/1718 GMT: Murray told detectives he did not call the paramedics because "to speak to 911 operator would be to neglect him (Jackson)," Walgren says.
But, the prosecutor adds, Murray did not ask Jackson's assistant to call 911 after he contacted him concerned about the singer's reaction to the drugs he had received.
1008/1708 GMT: It was Murray's usual practice to administer propofol to Jackson to help him fall asleep, Walgren said.
On June 25, 2009, Murray was "very busy on the phone," at one point assuring insurers that all press reports and concerns about Michael's health were "fallacious."
At 11:51 am, Murray was on the phone with his girlfriend, Sade Anding, when she heard commotion in the background and the line went dead. Walgren asserts that this is probably the point at which Murray realized Jackson was dead, but no one called 911 until 12:20 pm, after Murray had instructed a bodyguard to remove vials of drugs and the IV bag from the IV stand by Jackson's bed.
0953/1653 GMT: Walgren told the court that at a rehearsal in June, Kenny Ortega, the manager of Jackson's proposed This Is It tour, expressed concerns about Jackson who appeared to be trembling, suffering from chills, the cold, and was rambling.
Murray told Ortega and others that Jackson was "physically and emotionally fine."
"Don't let it be your concern, I am the doctor," Murray said.
Days later Jackson was taking part in successful rehearsals at the Staples Center in Los Angeles and looking forward to the tour, the court heard.
0946/1646 GMT: "We also know that Conrad Murray sought out a pharmacist and made arrangements to purchase very large quantities of propofol on a regular basis."
Shortly before Jackson's death, Murray had ordered 15.5 liters (4.09 gallons) of the powerful anesthetic, Walgren says.
0942/1642 GMT: Prosecutors play a dramatic tape of Jackson describing his comeback tour while under the influence of propofol, slurring his words.
0939/1139 GMT: After treating Jackson's children for minor ailments in Las Vegas in 2006, Murrary was taken on as Jackson's personal doctor.
He asked for $5 million for a year of medical services, Walgren says. He was instead offered $150,000 a month. The contract was never signed, but Murray was so keen to take the job he quit his medical practice.
0937/1637 GMT: The prosecutor tells the court that Jackson was excited about a massive comeback tour, which had been set to begin in London.
He was looking forward to having his three children, Prince, Paris and "Blanket" see him perform.
0926/1626 GMT: Walgren outlines for the jury how Jackson died in his second floor bedroom of his rented Los Angeles home on June 25, 2009.
A coroner ruled that the death was a homicide after levels of the anesthetic propofol were found in Jackson's body similar to levels of general anesthesia along with benzodiazepenes.
Walgren insists the evidence would show that the "acts and omissions of Michael Jackson's personal doctor Conrad Murray directly led to his premature death at the age of 50."
Murray "repeatedly acted with gross negilience, repeatedly denied appropriate care to his patient Michael Jackson and that is was Dr Murray's repeated incompetent and unskilled acts that led to Michael Jackson's death on June 25 2009."
0920/1620 GMT: "Michael Jackson literally put his life in the hands of Conrad Murray...Michael Jackson trusted his life to the medical skills of Conrad Murray.
"The evidence will show that that misplaced trust had far too high a price to pay ... it cost Michael Jackson his life," says Deputy District attorney David Walgren.
0918/1618 GMT: Proscecutors begin opening statements.
0915/1615 GMT: Opening statements, which were due to begin at 8:45 local time, have not yet begun.
Outside the court a group of Jackson supporters "Call for Love" display banners signed by fans from around the world.
"We have 30 banners here, from Italy, Russia, England, Chile, Africa, from all continents... It's a reminder of how wide his influence is," says radio worker Rita Bosico, 46.
0905/1605 GMT: CNN reports that Murray was brought into the court via an underground entrance to avoid the crowd outside, but when he reached the 9th floor of the courthouse a woman ran down the hall and lunged at him . She was restrained by police and escorted from the building.
0900/1600 GMT: Conrad Murray's pastor Lewis Logan tells local news that he spoke to the defendant early today and Murray was "resolute" and felt faith.
"He sounded very strong on the phone. He was in church on Sunday and we had prayers with him. He is calm and humble about this."
Logan says Murray was confident the "process would bring out the facts. He wants justice to be done."
0847/1147 GMT: Someone in the crowd shouts, "Murderer!" as Conrad Murray makes his way into the building.
0846/1546 GMT: Randy Jackson has also entered the courtroom, so have Tito, Jermaine, eldest sister Rebbie and their parents.
0842/1542 GMT: A group of Jackson supporters link hands to pray outside the court.
"Justice for Michael, Jesus is Lord, we shall have victory," they pray. "Vindicate Michael's name and bring the truth out."
0836/1536 GMT: Jackson's sister Janet has entered the courtroom in a black dress. La Toya also enters, clutching a sunflower.
0831/1531 GMT: Michael Jackson's family including his parents Katherine and Joe and siblings Jermaine, La Toya and Tito have arrived at the court.
The crowd chants 'Justice for Michael' as they exit their car and head towards the court entrance.
Conrad Murray has entered the court.
0820/1520 GMT: Dozens of of Jackson's fervently loyal supporters are waving placards that read "Justice is overdue for Jackson - can you feel it?" while members of the group Justice4MJ say the manslaughter trial is "ridiculous."
"He should have been charged with second degree murder," Erin Jacobs says, cofounder of the global association.
The crowd also includes a smattering of Murray supporters, including his personal assistant Stacey Ruggles, 44. She says she worked with Murray for 16 years and will be a witness at the trial.
"I was on the phone with him the day Michael Jackson died."
"We are here to support Michael Jackson AND Conrad Murray," she says. "Michael Jackson's wish for all of us was peace and love and so for Conrad Murray, that created their friendship ... He shouldn't have been charged."
0814/1514 GMT: Police say there are at least 300 people outside the court, including about 60 lining up for a public draw for only six places available in court for the public.
0806/1506 GMT: Welcome to AFP's live coverage of the trial of Michael Jackson's personal doctor Conrad Murray, who is charged with involuntary manslaughter in the 2009 death of the 50-year-old pop legend.
A crowd of several hundred has gathered outside the Los Angeles courtroom where the highly-anticipated televised hearing gets underway shortly.
Murray, who was employed as the singer's $150,000-a-month personal physician, is accused of giving the troubled star a lethal dose of the surgical anesthetic propofol and then failing to monitor him as he died from what a coroner labeled "acute propofol intoxication."
Lawyers for Murray, who has pleaded not guilty, claim the self-styled 'King of Pop,' a chronic insomniac, was so desperate for sleep that he drank the drug, which he called 'milk,' while the doctor wasn't looking.
The trial will reveal new details about the final days and death of Jackson at his rented mansion in the Holmby Hills area of Los Angeles on the eve of an ambitious make-or-break comeback bid.
Murray, 58, faces up to four years in prison if convicted. Trial judge Michael Pastor has barred any mention of Jackson?s high-profile 2005 child molestation case, at which he was acquitted, or the singer?s financial situation. The trial is expected to last five weeks and could include testimony from the singer?s eldest children, Prince Michael, 14, and Paris, 13, as well as Jackson?s siblings and parents.
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