Naturelle
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I sure hope Walgren has contacted Shafer over this weekend to go over this.
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<oRedMaryFlint;3523093 said:They're trying to steer a "reasonable" middle ground -- say that Murray did some things wrong, took some chances, but that he had the situation under control and nothing would have gone wrong but for the crazy addict celebrity. Defense theory #1254837 is that Murray was using conscious sedation, which he is certified in, to treat insomnia. That is why White emphasizes that there are common off-label uses for medications and defends that Chinese study as "interesting" and worthy of further study. That is why White sticks hard and fast to the idea that Murray gave only 25 mg of propofol at a time, and there couldn't have been a drip. And that is why Michael "has" to be an addict, to introduce a rogue factor into the conscientious doctor's plans and make it all go south. The jury is supposed to focus on the idea of death by crazy happenstance, with poor Murray doing his best to manage a difficult patient and winding up caught in a bad situation. This is meant to engender enough sympathy for the jury to let Murray off or at least to garner the lightest sentence possible if he's convicted.
And the defense can just forget about it. Walgren will flatten them on cross.
<oelusive moonwalker;3523142 said:Re the recording. they implied mj self medicated as murray had sundays off. but the recording was made on a sunday morn and he worked 6 nights a week having s.unday night off. maybe the pros will play it again at the end and ask the jury how mj
could self inject in that sort of state. as u would have to presume murray was making mj like that when he gave benzos etc.
one issue re whites testimony he seemed adament that theres no way i.v loraz would get into the stomach except for if it was taken via a tablet.yet shaffer explained that its vety normal to get in there.so someones lieing. also i feel to understand why the pros havnt brought up the fact that the stomach was ruptured which would put a stop to any talk about how it got there. because with what white has said and with shaffers mess of a loraz graph it was a clever play by the defence to ask what sounds more reasonable ie mj taking pills or murray doing it by shaffers graph.
To someone who takes everything white says literally his testimony was compelling so its now up to walgren to bring up all those inconsistances.
elusive moonwalker;3523153 said:So chernoff seems to have an issue with the jury instructions according to tweets from abc. hopefully thats a good thing
and they say the judge said u can have rebbutal and sub rebuttal by the defence and then rebuttal to that by the pros again! so this could go on forever!
<obowen9999;3523155 said:The more I think about White's testimony, the more I think it'll be easy for Walgren to rip it to shreds. White testified that to get to the blood levels found at time of death, Michael had to have taken 8 Lorazapam pills (which he also testified is enough to kill someone) then 4/5 hours later, while Murray was out of the room for 2 minutes, he loaded a syringe with 25mg of propofol (no lidacain?) and self injected! How on earth would Michael have been able to do that with all that Lorazapam in him - especially within 2 minutes? It's ludacris!
This is all almost irrelevant anyway - lets not forget that the charge is for gross negligence (not for murder). The negligence hasn't really been disputed by the defence - just the dosage. It's just smoke & mirrors. I just pray the jury is savy enough to see through it all.
<oelusive moonwalker;3523161 said:I dont think its about arguing the science. it more about showing whites selective usage of murrays words and things like how he lied about the iv set up for eg in order to make shaffers claims look false.
<omyosotis;3523174 said:I'm not sure why everyone seemed to be concentrating on the empty 100ml bottle of propofol...the empty bottle was not the only one found. (ie whatever was given doesn't need to add up to exactly 100mls).
From Fleaks' testimony, other partially used bottles were found, so presumably Murray could have used these that day and packed them away at the same time as the empty bottle?
Full and part full bottles found
Propofol:Light blue baby essentials bag : 2 x full 100ml Propofol and 7 x 20 mls, 3 opened with various levels
Black bag: 3 bottles lidocaine - 2 empty 1 half full
<oOnirMJ;3523182 said:No, it is even more ludacris! They are saying that MJ self injected 25mg of propofol mixed 1:1 with 25mg of lidacain. Because at the autopsy they found that 50mg of lidacain was administered to MJ that night. (according to the defense, 25 by Murray and 25 by MJ!)
elusive moonwalker;3523189 said:Yeah so not only does mj draw up lidocaine and dip in two mins and inject which takes around 30 secs in itself he does that all in the same sort of state as we heard in the audio. an ontop of that it means mj woke up at the exact moment murray left the room.
sophie;3523201 said:i knew they would go into urine levels of propofol. defense used free propofol for their model, not metabolites. i wonder if prosecution will now get hold of urine hydrol values for rebuttal. maybe they can show there was a bit more than 25mg of propofolthe good thing about the defence theory is that it doesn't support what murray said in his police interview:
• he claimed he gave an iv drip after the initial bolus
• he claimed he found mj not breathing but with a heartbeat
• also self-injection would have been easier in a drip scenario:
mj could have opened the roller clamp; in a bolus scenario he would have needed to draw up propofol and lidocaine into a syringe
i agree we'll probably hear more about the audio recording. there must have been a reason why they played it during opening.some problems with the high lorazepam levels found at time of death:
• according to the defense scenario mj had high lorazepam concentrations from 8am till time of death
• if mj was awake in spite of these high lorazepam levels he must have had considerable tolerance to lorazepam!
• how had mj developed such tolerance to lorazepam in the first place? lee had treated mj up till march, she had run blood tests, and she never mentioned there were any problems with benzos
• why did murray inject mj with intravenous lorazepam in addition to the oral lorazepam murray had precribed himself??
• if we assume mj was awake at noon, would he have been sufficiently alert to self administer propofol? patients under the influence of lorazepam are groggy
more problems with the defence self-injection theory:large amount of urine in bladder:
• why did mj not try and relieve himself when he was waking up from sedation?
• this is also a problem with the supposed 10:50am bolus, why did mj not relieve himself before murray gave him this bolus?
position of iv site:
• if mj self administered he must have moved to reach the iv site, but since propofol has such short onset of action murray wouldnt have "found" him in the same position he had left him when he went for his 2min break; why didn't murray mention this in his police interview or to the emts?
the phone call with sade anding:
• anding overheard mumbling and coughing at shortly before noon
• this implies mj was still alive at this time and murray was at mj's bedside when mj died
• since mj must have died within minutes of the lethal bolus (not ten minutes later!) this places murray at the scene when the bolus was administered: anding was on the phone for several minutes and overheard commotion, coughing, mumblinganother issue prosecution should focus on are the empty flumazenil vials:for what did murray need all this flumazenil??
OK, well Wendy2004 et al, you are doing a great job at rebuttal. I really hope the prosecution does just as well as you, I am pretty confident they well. More my concern/ worry is that the jury will be able to understand all of these points, they require alot of thinking!, and I am concerned that the jury now are quite tired / confused / wanting this to all be over - and that might impact on things ....
^^Oh he has. Notice that before when we said that Walgren is going to ask XYZ on cross, he did. So if we know what to ask and do, imagine Walgren who is there everyday, paying attention, and has experts to confer with will certainly have all his bases covered.
This is one of the few times when i am wishing for a Monday to come. Good that Walgren will be crushing White on Monday my birthday. That is a good enough gift for me!
Yes, I'm sure they are tired (jury) But yet, it's a lot better to have hope, than not? The issues are, did or did not Murray violate the most basic standards of care, or did he not? And, did or did not Michael cause his own death? But yet, there are the undeniable failures of standards of care, by Murray? That is really what the jury has to decide.
I choose to be optimistic, until I'm proven otherwise?
<oivy;3523274 said:I was at work yesterday and couldn't watch any of the testimony. I just went over bouee's summary to edit them and somethings are every interesting.
if I'm not mistaken white doesn't say that Michael filled the syringe himself. so it means that there was a ready propofol +lidocaine syringe by his bedside?
and then Michael taking 8 pills at 7 am (or some pills at 6 and some pills at 8).
well doesn't both of them would require Murray to leave Michael a lot more than he said he did?
<obouee;3523293 said:He ddn't say anything about who filled the syringe, but when talking about Dr Shafer's multiple self injections he did say that drawing propofol was difficult, so drawing it several times was something he might not be able to do himself
He was specific that the pills were taken before 8 am, around 7 I think he said. He said also that it was not necessarily 8 pills together, could have been 3 pills here, another 2 pills there , etc... so yes that implied that Murray was away ...
During the opening arguments, Michael took them at 10, now it's 7, maybe he took the pills at different times during the night, and Murray has to be out of the room during the self injection, that according to White, happened between 11 30 and 12. Makes you wonder when Murray actually was in the room.
<oelusive moonwalker;3523311 said:From what i remember white never said mj didnt fill the syringes himself. it was just implied assumed that mj filled the syringe cause nothing else was said saying the opposite during his testimony. im sure if the defence wanted to imply one was already filled they would have come right out and said it
<ocinzia;3523379 said:But that would have really highlighted murray's negligence and abandonment...imagine leaving a 'loaded' syringe where a patient can reach it and then leaving him alone with it So if they don't say anything they hope it slides under the radar.
I believe he means that it would be physically difficult to draw out of a non vented bottle...you have to push an equal amount of air in corresponding to the amount you want to draw out. It is possible to draw fluid out without doing that but it is more difficult as there is much more resistance, control of syringe is compromised and really if someone doesn't know how to do it, it is difficult. Is this what you're asking?
Edited to ask: I don't understand where the 200mg "in the blood" comes from? Not from tox report..what am I missing? Is it something from Schafer's testimony?
sophie;3523335 said:you mean blood levels? 2.6 ug/ml in femoral blood
the amount given at noon: 25mg according to the defense
another 25mg at 10:50am according to the defense
<osophie;3523391 said:maybe they can still get the metabolite for rebuttal. i have seen propofol death case reports where it was used to estimate the amount of propofol administered. i don't know what is the better method to estimate the amount, to use free propofol or the propofol glucoronide. not all metabolites can be quantified, some references say the propofol glucoronide makes about 50% of all metabolites, this could possibly be argued. but the percentage of free propofol can possibly be argued as well.
edit: sorry, needed to look at your post again. i think they only got the free propofol. not the metabolite. defense based their model on the free propofol. that was my understanding.
thanks, yes you are right, lorazepam does not redistribute.
yes, that's a clear indication murray was aware of a large amount of lorazepam.
but i'm also talking of the empty flumazenil vials found in his hidden bags. it was not the first time he had administered flumazenil
<otwinklEE;3523406 said:It indeed is, it shows that Murray had to use Flumazenil before, according to Shafer it reverts the effects of Benzodiazepine's, so him using Flumazenil before does indicate that Murray was giving larger/dangerous /possibly even lethal amounts of lorazepam before June 25. I hope Walgren's looked into this matter or will look into this matter. No matter how short Murray's actual jailtime will be, he should not be getting away. Walgren needs to make sure Murray gets convicted.
wendy2004;3523536 said:Last post for tonight.
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Yes, it would mean Murray must’ve left Michael alone more times than he claimed. And it also means the defense has no real idea IF or WHEN any pills were taken. Michael’s prints not being found on the lorazepam bottle would indicate if any pills were taken, he absorbed them by osmosis. And White saying lorazepam found in the stomach can only come from oral injestion is up for debate since Shafer says it can also get into the stomach even if given by way of I.V. administration. One of them is wrong. <o></o
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The issue with the syringe is interesting. Either they hope it will slide under the radar or they aren’t sure yet which scenario they want to use; which one would work best for them and make Murray look less like an idiot. Did Michael, under the influence of loraz, go through all these hoops to fill a syringe and manipulate all this medical equipment in a short amount of time, leaving NO indication that he moved? OR did Murray leave a loaded syringe near a patient who he now wants to claim was addicted and desperate? Neither scenario looks good for him.<o></o
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The loaded syringe is a problem for the defense becuz IF Murray left it loaded then 1) Murray has met another level of foreseeable consequences of IVM by leaving it within MJ’s reach and 2) why was it loaded unless he was intending to use MORE propofol. And why would he do that if he claims MJ was asleep after 25mg UNLESS he originally drew up more than 25mg of propofol into the syringe (50mg with lidocaine 1:1 ratio)…like he normally did to put MJ to sleep. Dose and drip? <o></o
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Regardless, I doubt Walgren will let them get away with claiming MJ self-administered without offering where and how MJ could have done this in a way which would leave him virtually in the same spot as Murray left him; nothing out of place…and with no fingerprints on the syringe? <o></o
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If Murray saw anything that would have led him to believe Michael got ahold of propofol and self-administered he did not mention it in his interview. He did not indicate anything was out of the ordinary except that Michael was mysteriously not breathing. If tubing was out of MJ’s leg or a syringe was in the port that shouldn’t have been there, he said nothing. If he thought someone had been in the room and did something while he was out of the room, he said nothing. <o></o
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So, it seems the defense HAS officially gone back to the 10:40 – 10:50am timeline after shifting it an hour later to cover Murray being on the phone. <o></o
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Looks like we have to go back to the call and email list to determine what Murray was doing around 10:40 – 10:50am. When the timeline was shifted to 11:50am all our theories and questions shifted as well. We now have to go back if Murray claims his propofol injection was at the earlier time.<o></o
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Agree. I hope we get more info about the urine and this “free propofol” explanation on cross or rebuttal. And yes, the empty flumazenil vials means Murray was using it a lot more than just on 6/25.
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Agree.
One last thing, it was interesting to hear White downplay his own work by saying how each person is different so the models (which Shafer came up with based on White’s data) aren’t necessarily fixed. Well, if the models mean nothing, why do they come with the packaging? :blink: It’s a starting point to say what SHOULD be done and offers a variable range for what is KNOWN to be most harmful and least harmful depending on the person. There IS a range that’s meant to be guide. And that guide is based on FACTUAL data and research. To act like, well, it doesn’t REALLY mean much (becuz it’s being used against Murray), is borderline irresponsible. He seriusly needs to be careful about crossing the line in hopes of helping the defense. It seems he’s trying to toe the line of what’s proper while STILL offering an opinion in Murray’s favor. However, if he isn’t careful, he’s going to cross over to the darkside and tarnish his credibility. We will see just how far Dr. White is willing to go when Walgren cross examines him. <o></o
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wendy2004;3523524 said:Then there’s Soundmind’s theory that maybe Murray was using the flumazenil as part of Michael’s waking-up routine to ward off the effects of the benzos he was giving along with the propofol.
Worst case scenario: Murray was having a problem many mornings with those benzos and needed the flumazenil to reverse the effects before Michael awoke. I know some fans have wondered how Murray could have done things perfectly on other nights and then royally screwed up on this one particular night? Well, it’s possible things went wrong many times but we will never know and Michael probably never knew either. All he knews is that he woke up. He would have no way of knowing if Murray almost lost him during the night…and so his trust in Murray continued until the one time he didn't wake up.
wendy2004;3523524 said:Drip: What’s kinda karmic here is the one scenario that would explain everything…the amount of propofol in the blood, respiratory failure prior to cardiac arrest, and allow Murray the easiest explanation as to how MJ could have accidentally self-administered is the one scenario Murray and his defense continue to deny; not that it would make him less guilty of IVM to admit this now, imo. It would only make worse the idea that he was on the phone and possibly out of the room.
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The defense keep saying that the propofol bottle run out exactly when MJ died. But we saw in dr. Shafer presentation that almost half bottle can go into the IV tubing, because Murray was using wide tube. Maybe MJ didn't recieve all 1000 mg (100 mL). Maybe he recieved just part of it and the rest was in IV tubing that Murray hide and remove from the scene. MJ could died at any time during that drip. That could explain why is propofol level in the urine lower.
Shafer did this (turn off saline) because that is what Murray said he did in the police interview. And White pointed out several things during his testimony that Shafer had said that are not consistent with Murray's police interview. Like others have said, he is selective. If it works for him to say "Shafer got it wrong, that's not what Murray did, because that's not what Murray said", then he uses this excuse. But when he wants to show something himself it's ok for him to assume that Murray lied in that same interview.
it could make sense if propofol was used for induction, and lorazepam was used for maintaining sedation. midazolam could have been used to smooth out the sedation curve betwen propofol and lorazepam: midazolam has rapid onset (almost as rapid as propofol), but sedation lasts longer, for about half an hour. lorazepam takes much longer to peak than midazolam, about 20min.Dr Shafer also said that mixing lorazepam and midazolam made no sense, since they do the same thing, the only difference is the time they stay in the system.
The thing is that defense test did not differenciate between free lorazepam and its metabollite, Dr. Shaffer said the metabollite is expected in the stomach but that Pacific Tox. converted the lorazepam glucoronide to lorazepam, so there's no way to know if there was originally free lorazepam or if all the lorazepam came from IV administration.Lorazepam in the stomach :
De White said that the mere fact that there was free lorazepam in the stomach showed that there was oral consumption, even if it was a vert small quantity
Just a few thoughts , comparing Dr White's and DR Shafer's testimonies
Dr Shafer said there's no such thing as "safe" mild sedation (ie without equipment), since you don't know how the patient will react. Dr White spent a great deal of time saying you couldn't predict a patient's reaction.
Dr Shafer said 25 mg was the limit where a patient can go into apnea, and you have to assume that your patient is in the lowest limit.
:no: the defense doesn't make sense... or I should say :yes: , it doesn't sound bad for us
I didn't see this mentioned - Dr. White said that 40 mg Lorazepam (and I think it would be pretty much the same for 36 mg) are lethal or would at least put someone in a coma for a couple of hours. Just saying, because people didn't get why I and a few other people got so upset about the 40 mg during Shafer's testimony. And were wondering why a doctor would give a dose that could kill someone and THEN on top of that gives Propofol.
I know it's just a model, but you need models to explain the high Lorazepam concentration, Murray would never tell anyone what he actually did. And if you don't think that Michael took 8 pills at once about 4 hours before his death, Murray must have given it to him. And then the model probably isn't too far from the truth. The 2 Lorazepam bottles they found, one was empty, in the other on were 9 1/2 pills, which suggests he didn't take many at all (I think they were both prescribed in the last 2 - 3 months before his death, it was 30 pills each), and the half of a tablet even suggests he might have only taken half doses instead of one pill. Why would someone with that "habit" suddenly take 8 at once?
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edited to add: also both Lee and Murray's statement says that Michael said nothing works , only thing that works is Propofol. With that reality I think it's quite unlikely that he would even consider taking Lorazepam on his own. In his mind those things didn't work.
one thing I agree with White is that Shafer didn't account for the residual levels of Lorazepam. remember we mentioned it before at least from Murray's statement MJ was given Lorazepam the 2 days before and with what 12-16 hours half life it should be in his system. So probably needed less than 40 mg given.
Then Shafer's simulation was based on MJ coming home and wanting to sleep. Shafer being the rational person came up with a scenario that would give MJ 2 mg and then assume he couldn't sleep and give him another 2 mg and another and another.
He probably couldn't phantom Murray giving him a lot higher dose all together at a later time. White's scenario achieves the same levels with 16mg at a later time. and with Murray rushing to Flumanezil, I think Murray knew he had given MJ too much Lorazepam.
edited to add: also both Lee and Murray's statement says that Michael said nothing works , only thing that works is Propofol. With that reality I think it's quite unlikely that he would even consider taking Lorazepam on his own. In his mind those things didn't work.