Murray Trial Day 23, November 3, 2011
Morning Session
Court starts with Judge Pastor reading the jury instructions.
Judge tells the jurors the evidence that contain medical items will not be in the jury room but it will be brought to them by a bailiff if they ask.
Important points from jury instructions
- Pastor tells the jurors they must follow his instructions about the law even though they might not agree with it.
- Pastor says People need to prove guilt beyond reasonable doubt. He explains that it doesn’t need to eliminate all possible doubt.
- Pastor says what the attorneys say and ask aren’t evidence.
- Pastor says things can be proved by direct or circumstantial evidence. He says they are equal.
- Pastor says if they can come to 2 reasonable conclusions – one showing innocence and the other one showing guilt- they must find the defendant not guilty.
- Pastor says they can find the witness testimony truthful or not – in full or in partial.
- Pastor says people can forget or make mistakes and 2 people can witness the same thing but remember it differently.
- Pastor says in regards to expert witnesses their education, qualifications, the information they relied on while forming their opinion and why they made a certain statement should be considered.
- Pastor says character witness testimony can be considered and can create a reasonable doubt.
- Pastor tells the jurors not to be influenced by the fact that Murray didn’t testify.
- Pastor explains involuntary manslaughter. People claim that Murray did 1) committed a lawful act with criminal negligence and 2) failed to provide a legal duty with criminal negligence.
- Pastor tells that there could be more than one cause of death and it’s required that the actions of Murray must be a substantial factor in causing the death. It doesn’t need to be the only factor.
- Pastor says Michael could have failed to use reasonable care and may have contributed to death. However if Murray’s actions were substantial he’s still responsible for the death.
David Walgren Closing Statement
Walgren starts by thanking the jurors to their services.
Walgren mentions that CM does not need to be the sole cause of MJ’s death; he only needs to be a substantial factor.
Walgren says that CM caused MJ’s death and left Prince, Paris and Blanket without a father. “For Prince, Paris and Blanket this trial will not end today for them it will go on forever”.
Walgren mentions trust and the relationship between a doctor and patient and “do no harm”. Doctor decides what the proper care is for the patient. All the doctors testified said they would never do such thing. Walgren expresses that CM violated that trust between doctor and patient "each and every day."
CM was an employee for money. “MJ trusted CM. He trusted him with his life. He trusted CM with his individual life and the future lives of his children. CM would care for him as he slept so in the morning he could share a meal with his children”. “MJ paid with his life”.
On June 24, 2009 MJ performed at the Staples Center and gave a great performance. He was optimistic and looking for future. 12 short hours later he was laying dead in his bed palms up, had tilted to the side – dead - in his home.
MJ was a 50 year old man anxious about the upcoming tour. MJ wanted to satisfy his fans that have been loyal to him for so long, his family, and his children. MJ was a creative genius who was striving for perfection. He was looking to the future. He was making long term plans for both himself and his children to whom he was so dedicated.
MJ wanted to share his message with the world. He wanted to satisfy his fans. He wanted his children to see him perform.
For MJ his children were paramount. He wanted a house for his children so they wouldn’t be cooped up in a hotel. MJ wanted to do a movie based on Thriller and wanted to direct movies. MJ wanted to open a children's hospital. He wanted to give this to the world. He had plans and hopes and dreams.
The tour would have expanded around the world. He was excited his kids would get to see their dad perform in London. But none of this came to be because on June 25, 2009, MJ just 50 years old was pronounced dead. Paris had to see her dead in that situation and scream “daddy”, Prince was shocked. That’s what CM did to MJ and his kids.
Walgren mentions that CM is charged with IVM and Walgren goes over the law. Walgren says there could still be questions unanswered and they only need to answer 3 questions.
The law recognizes the special relationship between doctor and patient. Doctors have a legal duty of care to their patients and the failure to act on that duty would be IVM. Walgren goes over criminal negligence and causation.
Walgren mentions that the defense’s theory is MJ injected himself with Propofol and caused his death. Walgren says CM is criminally negligent if he could have foreseen what happened. By his own admission, Conrad Murray knew MJ liked to push his own Propofol. He should have never left him alone in a room full of drugs. Walgren says even if true, it was foreseeable.
Walgren says misleading statements can show guilt. Dr. Murray made misleading statements when he failed to tell paramedics and doctors he administered Propofol. That is consciousness of guilt. “That is putting CM first”. Walgren says CM was intentionally giving false statements.
Walgren goes over the background of the case. CM had signed a contract. He was going to get $150,000 a month and housing. CM sent letters to his patients saying he was taking a sabbatical and ceasing practicing medicine “indefinitely”.
Walgren goes over the shipments of medicine and he told jurors that CM ordered more than four gallons of Propofol and had it shipped to his girlfriend's apartment in LA.
Walgren mentions May 10 recording. CM says he realized there was a problem in June but the recording was 1.5 months ago. Murray couldn't bother to keep records ... but had no problem recording a drugged up MJ and then for some reason keeping it.
Even in vulnerable state MJ talks about the future and his desires. He’s talking about a children’s hospital. He has no reason to believe that anyone will hear him; he’s talking about his true feelings and his true desires.
2 days after that recording, CM orders the largest shipment of drugs. Walgren says that they couldn’t find the other propofol bottles with search warrants.
At a meeting in early June, Murray assures everyone MJ is doing just fine. On June 19, 2009, director Kenny Ortega is so concerned about MJ's health and sent him home. Ortega sends an urgent email to Randy Phillips saying MJ is in a bad state. Ortega tried to reach CM but couldn’t. June 20th meeting CM was upset that MJ was sent home. CM insists MJ is doing fine ... lashing out at Ortega for sending MJ home from rehearsal. Murray sternly told Ortega to mind his own business. “Unfortunately, that's what happened”.
On June 21, 2009, MJ was complaining he was half hot and half cold. FM called a nurse who told them MJ needed to go to the hospital.
On June 23 MJ performed at the Staples Center. By all accounts it was a great performance. There was light at the end of the tunnel. MJ's last rehearsal on June 24 was, again, a success. Everyone was excited that the tour was going to finally happen. MJ was particularly excited about the "illusion" that was to be performed the next day. Walgren goes over MJ’s final goodbyes with Ortega and Phillips.
CM’s version of events changed. June 25th he said he witnessed the arrest. After MJ's death an arrangement was made to meet with CM at Marina del Rey. CM was there with his lawyers. At this point, investigators knew very little. The cause of the death had not yet been determined. Detectives were working in the dark. They sat down to listen to Conrad Murray to listen to what he had to say. Detectives did not have medical knowledge. CM told detectives he was giving MJ Propofol. When detectives ask how frequently did this happen? Murray tells them every day. CM admitted he gave MJ 50 mg Propofol injections followed by a drip almost every night for two months.
During his interview, CM told cops he was worried about giving MJ Propofol at 10:00 am because MJ had to be up at noon -- 2 hours later. CM says he agreed to give Propofol when MJ said he didn’t need to get up at noon. This suggests that CM intended to give MJ a drip, because a 25 mg injection would only put someone to sleep for 5 minutes. CM intended to knock him out.
Walgren says CM didn’t call 911 and it’s bizarre and he aimed to protect himself. CM never called 911 because, as he claimed, speaking to an operator would be negligent ... so what does he do instead? He calls Michael Amir Williams and leaves him a message. Setting aside all the other bizarre behavior, all he needed to say was, "Call 911..." but he didn't. CM knew what he did and his actions killed MJ. Walgren says CM intentionally didn’t call 911.
Walgren goes over CM’s phone records and emails. Walgren asks jurors if they believe MJ was paying him $150,000 and awake and complaining and CM was away on the phone. Walgren suggests that CM was able to spend all that time on the phone because MJ was asleep on a drip.
Walgren asks why CM called his female friend Sade Anding at that time. What was so pressing to call her? Sade Anding heard voices in the background at the exact time Murray drops the phone. “Was Conrad Murray in another room? How long was MJ in that condition? Was MJ calling for help? Did he gasp? Did he choke? We don't know ... and we'll never know.”
Alberto Alvarez comes to the home. CM grabs vials of medicine and instructs him to put them in a bag. Only then does CM asks him to call 911. It took 20 + minutes to call 911. FM finds the children crying. Paramedics responded in 4 minutes. They were a mile and a half away. Walgren says CM put himself first and put MJ last. Blount was able to get ventilation quickly but it was too late.
As paramedics transport MJ to the ambulance, Senneff finds Murray is picking stuff off the floor and putting it in a trash bag. Walgren asks the jurors to why? They were trying to get MJ to the hospital but CM was in the room alone picking up stuff. Walgren mentions CM’s cargo pants pockets.
In the hospital doctors ask CM what drugs administered ... again CM never mentioned Propofol. After MJ was pronounced dead, CM is concerned about retrieving a "cream" which he claimed MJ didn't want people to know about. Walgren says CM knows that his bags, drugs, syringes were at the house. CM was not concerned about a cream... he was worried about himself.
Walgren mentions that detectives found the bags because CM told them where they were. Walgren says CM went into this interview assuming the police had found his bags. He came forward for the self preservation of CM. CM thought his bags were discovered. He knew the toxicology report was about to be completed. He came forward to get ahead of the story. Unfortunately his story doesn't match up with the evidence.
Walgren switches to standard of care. “Every single doctor has told you they would never have done what Murray did.”
Propofol should be used in a highly monitored setting. No one had ever heard of anyone using Propofol in a bedroom EVER until CM. There’s no backup. It's an egregious violation of medical care. It's gross criminal negligence. Walgren says the setting is direct cause for MJ’s death.
Propofol is not used for insomnia. The article the defense used is written after MJ’s death.
Walgren mentions the equipment needed and being able to use them. None of the required equipments was there. Again this was criminal negligence.
Walgren goes over the abandonment and the patient should not be left alone because things can happen very quickly. Murray's preoccupation with emails, texts and calls constitute abandonment.
Walgren says benzos contributed. Walgren mentions what White said about variability and that’s why all the precautions was needed because you cannot know how a patient would react.
CM kept record in the previous years but he didn’t do for his last 2 months treatment. CM chose not to keep any medical records because he didn't want his bizarre treatment to be documented.
CM deceived the paramedics and the doctors at UCLA Medical Center.
Walgren says there had been some speculation with scenarios as they had no medical records. Dr. Steven Shafer said the most likely scenario is that Murray gave Jackson a drip. It's based on the evidence such as the propofol shipments, a cut saline bag, Propofol bottle with CM’s finger prints on it and a spike tear. It’s not unusual Murray admitted he did that every night, a 50 mg injection followed by a drip.
Walgren says it was perhaps MJ’s idea to put the bottle in the saline bag to hide it.
Walgren says drip theory explains the blood levels and phone evidence. Walgren says CM was an employee and it’s unrealistic to think that MJ was lying there complaining and CM was ignoring him and being on the phone. MJ wasn't complaining he couldn't fall asleep because he was asleep because CM put him on a drip.
White’s theories of self injection and lorazepam pills happened during not in 2 minutes but during other times of abandonment.
CM's former patients say he was a good doctor. They were all treated in a hospital for heart conditions CM was trained to do. Walgren mentions we didn’t hear from CM’s current patients and how they felt about receiving the letter and feeling abandoned.
Walgren plays defense's own witness Dr. Allan Metzger’s statement that he said there no amount of money would get him to agree to give Propofol in a bedroom. Lee’s statement is played in which she says MJ told him he would be safe as long as he’s monitored by a doctor.
Walgren says there’s no evidence to suggest that MJ seek propofol without a doctor present. MJ was not reckless. He had a life ahead of him. He had 3 children he loved dearly. He wanted Propofol to sleep but he also wanted a doctor monitoring him at all time to be safe.
Walgren mentions that Lorazepam is a controlled substance and it should be kept under lock and key and their usage has to be recorded.
Defense expert Dr. Paul White presented was junk science. It was garbage. It was sad for science and for truth seeking. White has been consistent to blame MJ. When he’s debunked by Dr.Shafer, he goes and picks another theory.
Walgren goes over what White said about the Beagle study under direct and cross. During direct by Flanagan White says it was his idea. During Walgren’s cross he says he had nothing to do anything with it and didn’t study it.
White during testimony said he would not administer Propofol in a home setting, a pulse oximeter without an alarm has no value, he wouldn’t leave a patient that liked to push to Propofol alone and he would have called 911 earlier.
Walgren says White didn’t do the models, didn’t provide any information for the models, he didn’t read the article and he’s not an expert in this area. Walgren says he didn’t research or studied. Walgren says the theories constantly changed.
Walgren mentions the IV tubing is very compact and concealable. Walgren later plays the video of Flanagan asking White if he has another IV line and White pulling one out of his pocket. Walgren says the IV line was concealable.
Walgren mentions the 1988 article was old and the 2002 article confirms Shafer’s theory of IV drip and debunks the defense’s self administration theory.
MJ trusted CM. He trusted him with his life. He paid with his life. CM lied, deceived, obscured but more importantly. CM acted with negligence and he looked out for himself. That's not what a doctor does. CM action directly caused MJ's death. But the People do not need to prove that because all it needs to be proven is that CM is a substantial factor in death. Even if you accept defense's facts CM should still be held responsible.
Walgren ask the jury to find Murray guilty of manslaughter because he abandoned his patient. "Justice demands a guilty verdict," he concluded.
lunch break