The defense called their last two witnesses, Thursday (October 27). Deputy District Attorney David Walgren went toe-to-toe with defense "addiction specialist" Robert Waldman in a testy cross-examination. Plus: defense lawyers made an 11th hour disclosure that their scientific expert, Dr. Paul White, devised a new computer simulation on propofol administration, causing another delay in the trial.
(ABOVE: Defense witness Robert Waldman, left, and prosecutor David Walgren, right, seen in court Thursday.)
LOS ANGELES — The battle of scientific experts in the trial of Michael Jackson's doctor took a new turn late Thursday (October 27) as defense lawyers made an 11th hour disclosure that their scientific expert has devised a new computer simulation shedding light on what killed the pop superstar.
Prosecutors told the judge they were surprised by the new development and need time to study the software program used by Dr. Paul White, the defense expert on the anesthetic propofol. The judge agreed.
He said White could conclude his defense testimony Friday but he would give the prosecution the weekend to analyze the computer data before the star witness of Dr. Conrad Murray's defense is cross-examined.
The new twist means another delay in the trial's conclusion, the judge said, and he worried aloud, "I just don't know if we are going to start losing jurors."
"This jury is extraordinarily dedicated to the case," he said. "But they have lives and commitments."
Jurors were told at the outset that they would be finished with the trial Friday, Pastor said. Now, he said, he's not sure when the trial will conclude.
The defense, meanwhile, sought to shift blame to another doctor and a drug different from the anesthetic that killed Jackson. Murray's lawyers called an expert to claim that the star was addicted to a Demerol in the months before his death.
They suggested the singer's withdrawal from the painkiller triggered the insomnia that Murray was trying to resolve when he gave Jackson propofol.
Earlier this week, Michael Jackson's former physician, Dr. Allan Metzger, testified that Jackson suffered from insomnia for about "15 to 20 years." The singer's insomnia, Metzger said, was only exacerbated on tour, as the adrenaline from a concert would keep Jackson up all hours.
"After performing, he could not come down," Metzger said. (LOL, so was MJ going through "withdrawals" for over two decades then? SMH.)
Murray's attorneys called White to the stand late in the day to cast doubt on a colleague's earlier testimony that Murray was responsible for Jackson's death.
Court recessed before White gave his central opinion. He did say he was "perplexed" after reading documents in the case about whether Murray administered the propofol dose that killed Jackson.
White noted that Murray described to police a very low dose of the drug. If that was true, White said, "I would not have expected Michael Jackson to have died."
White said if Murray did in fact put Jackson on an IV drip of propofol and leave him unattended, he could not justify it. White did not immediately offer an alternate theory of what happened.
Authorities contend Murray delivered the lethal dose and then abandoned his patient by leaving his side. Murray, prosecutors say, botched resuscitation efforts and delayed calling 911 for over 20 minutes.
Dr. Steven Shafer -- White's fellow anesthesiologist -- told jurors that Murray had committed 17 "egregious" violations of the standard of care in treating Jackson, any of which could have either led to the singer's serious injury or death.
"Is it your opinion that Conrad Murray was a direct cause, not just a substantial factor but a direct cause of Michael Jackson's death?" prosecutor David Walgren asked, Thursday (October 20).
"Yes," Shafer replied. "He is responsible for every drop of propofol in that room."
Murray has pleaded not guilty to involuntary manslaughter in Jackson's death. If convicted, he faces a maximum of four years in prison and the loss of his medical license.
(ABOVE: Defense expert Dr. Paul White, seen in court Thursday.)
There was no mention of propofol during the testimony of Dr. Robert Waldman, the defense's addiction expert who said he studied the records of Dr. Arnold Klein, Jackson's longtime dermatologist, in concluding the star was dependent on Demerol. Records showed Klein used Demerol on Jackson for various cosmetic procedures (including Botox and Restylane facial fillers).
There was no evidence of Demerol, or it's long-living metabolite, in Jackson's blood. There was also no evidence of Demerol in two urine samples, which toxicologist Daniel Anderson previously stated would show if the drug had passed through someone's body. The average life-span of the longest Demerol metabolite is roughly a week.
The coroner ruled that Jackson died of "acute propofol intoxication."
Waldman said he relied on Dr. Klein's records from March to June 2009, as well as media reports on Jackson as part of the "public record." (WTF. You're going to diagnose someone through media reports? On the witness stand? Really?)
Waldman said he did not review the police interview of Murray about his treatment of the star.
Under questioning by Murray's lead lawyer, Ed Chernoff, Waldman said, "I believe there is evidence that [Jackson] was dependent on Demerol, possibly."
Throughout the trial, the defense has raised Dr. Klein's name at every turn, although and the judge ruled the dermatologist may not be called as a witness because his care of Jackson is not at issue.
Klein -- who was investigated by the DEA -- has not been charged with any wrongdoing.
But Klein's handwritten notes on his visits with Jackson were introduced through Waldman, who said Klein was giving Jackson "stiff," "above average" doses of Demerol for cosmetic procedures spanning from March through June 2009. Jackson last visited Klein's Beverly Hills clinic three days before his death.
Waldman told jurors the escalating doses showed Jackson may have developed a tolerance to the drug. He said a withdrawal symptom from the drug is insomnia. (Again, MJ had insomnia for about two decades -- he didn't suddenly develop a sleep problem in March-June 2009.)
On cross-examination, prosecutor David Walgren tangled with the expert, who was hostile to most of his questions.
"Are you board certified in addiction medicine?" the prosecutor asked.
"No," Waldman replied.
The prosecutor also elicited from Waldman that the law requires physicians to keep accurate and detailed records, which Murray did not.
The doctor also said all drugs should be kept in a locked cabinet or safe where they could not be stolen or diverted by anyone.
Waldman said every doctor also must document when the drugs are stored and when they are used. Murray told police he kept no records on his treatment of Jackson.
The prosecutor then asked Waldman whether or not he would diagnose Jackson as addicted to Demerol based on Dr. Klein's medical records alone.
After a combative back-and-forth exchange, Waldman eventually conceded: "Probably not."
Prosecution witness Dr. Steven Shafer previously stated that Klein's records did not substantiate an addiction to Demerol. Rather, Jackson simply "liked" the drug for painful, invasive procedures, Shafer said.
After more persistent questioning, Waldman also acknowledged that some of the symptoms of Demerol withdrawal were the same as those seen in patients withdrawing from the sedatives lorazepam and diazepam. Murray had been giving Jackson both drugs to help him sleep.
The prosecutor pointed out during re-cross examination that the defense's chart on Jackson's visits to Dr. Klein's clinic (as well as the amount of painkiller he received at the clinic) were inaccurate.
In particular, the defense's chart claimed that Jackson received a 200mg shot of Demerol on April 2, 2009, as well as a 300mg shot of Demerol on April 29, 2009. According to Klein's medical records, no Demerol shots were given during either appointment.
White is expected to be the final defense witness.
Several prosecution experts have said the propofol self-administration defense theory is improbable, and a key expert said he ruled it out completely, arguing the more likely scenario was that Murray gave Jackson a much higher dose than he has acknowledged.
White and Waldman do not necessarily have to convince jurors that Jackson gave himself the fatal dose, but merely provide them with enough reasonable doubt about the prosecution's case against Murray.
Three of Murray's medical peers previously testified that, whether Jackson gave himself the drug or not, Murray was still responsible for the death of his patient, because it was a foreseeable risk.
Michael Jackson's fingerprints were not on any syringes, drug vials or other medical evidence taken from his mansion after his death, according to lab results presented in court (October 6).
Technicians found only a single fingerprint, matching Murray's index finger, on a vial of the anesthetic removed from an intravenous stand at Jackson's bedside.
Sources - 1, 2
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Click the links below to read about the trial so far:
DAY 1 summary -- Prosecution & defense give opening statements
DAY 2 summary -- MJ's personal assistant & security chief testify
DAY 3 summary -- MJ's bodyguard & personal chef testify about frantic morning of his death
DAY 4 summary -- Paramedics testify that Murray lied & was seen hiding potential evidence
DAY 5 summary -- Fierce female doctors testify that Murray lied, never mentioned propofol
DAY 6 summary -- Murray's "girlfriends" testify re: propofol shipments & critical phone calls
DAY 7 summary -- Court hears the full, four-minute MJ audiotape
DAY 8 summary -- The coroner investigator and toxicologist take the stand
DAY 9 summary -- Court hears the the first half of Murray's two-hour police interview
DAY 10 summary -- MJ's autopsy photo is shown & coroner deals a major blow to the defense
DAY 11 summary -- Murray's med. peers blast him in court & the defense drops critical theory
DAY 12 summary -- A UCLA sleep expert calls Murray's actions "unethical, disturbing"
DAY 13 summary -- Propofol expert Dr. Shafer lists 17 "egregious" violations Murray committed
DAY 14 summary -- Dr. Shafer dismisses defense theories & demonstrates how he thinks MJ died
DAY 15 summary -- The defense challenges Dr. Shafer on cross examination
DAY 16 summary -- The prosecution rests. Defense calls former MJ doctor and nurse to stand
DAY 17 summary -- Former MJ nurse resumes testimony & defense calls CEO of AEG Live
DAY 18 summary -- 5 of Murray's former patients testify as "character witnesses"
The trial begins airing live at 11:45 EST every weekday. You can watch along online, commercial free, HERE.
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