THE DEFENSE RESTS: Michael Jackson's personal physician declines to testify in his own defense as both sides wrap up their cases, setting the stage for closing arguments on Thursday. 
Testimony drew to a close in the involuntary manslaughter trial of Michael Jackson's personal physician Tuesday (November 1) as the doctor announced he will not testify in his own defense. Dr. Conrad Murray waited until the last possible moment to declare his intention not to take the stand, telling the judge as late as Monday afternoon he had yet to make up his mind. After the final defense witness completed his testimony Tuesday, Murray took his time responding to the judge's question about his final decision. After informing Murray of his constitutional right to testify or to remain silent, Los Angeles County Superior Court Judge Michael Pastor asked the doctor, "What is your decision?" Murray paused, looked to his lead defense attorney Ed Chernoff and then to his left at two other lawyers. The audience in the packed courtroom, including the Jackson family, waited on the edge of their seats. The physician opened his mouth and began saying: "My decision is to not testify. . . ." Murray's response was interrupted by a prosecutor who objected, saying the doctor was giving a "narrative answer." The judge asked Murray again and he replied, "My decision is that I will not testify in this matter." Pastor, who previously told the doctor the right was his independent of any strategy by his attorneys, asked Murray if the decision was his alone. "You are making this decision based on your own free will?" Pastor asked. "Yes," Murray said. Chernoff added that he had conferred with his client about the decision "many times" and that the doctor understood his rights "very well." It is rare for criminal defendants to testify, and legal observers following the case have said it would be unlikely and unwise for Murray to choose to do so. The cardiologist probably would have been subject to blistering cross-examination by prosecutors on what witnesses have said were Murray's many cover-up attempts and egregious medical misjudgments. Yet Murray appeared to have seriously weighed the option, telling the judge Monday it "depends on how case progresses." With the doctor's announcement, Murray's defense rested its week-long case after having called to the stand a handful of character witnesses and two medical experts. 
(ABOVE: Prosecutor David Walgren, seen questioning a witness, Tuesday.) Their final witness, anesthesiologist Dr. Paul White, was forced to admit to prosecutors that Murray ignored medical protocol, violated the standard of care, and "should have called 911 earlier." (Murray delayed calling 911 for over 20 minutes after he found Jackson unresponsive but alive, according to his interview with police.) However, White said he believed Jackson accidentally took his own life. The now-retired anesthesiologist theorized that Murray had loaded a syringe with the surgical anesthetic propofol and left it where Jackson could have gained access to it. Then, White said, while Murray was inattentive during 35 to 40 minutes of phoning and e-mailing, Jackson might have climbed out of bed and injected the fatal syringe into his IV line. It was a theory that prosecutor David Walgren found far-reaching. "Under your scenario," the prosecutor said, "Michael Jackson was walking around the room, wheeling an IV stand . . . and Conrad Murray is somewhere on the phone?" According to lab results revealed in court on October 6, Michael Jackson's fingerprints were not found on any syringes, drug vials or other medical evidence taken from his mansion after his death. 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. In Tuesday's brief rebuttal case, prosecutors called back to the stand their chief medical expert, Dr. Steven Shafer, to counter White's contentions and reinforce his earlier testimony that Murray probably left an intravenous drip of the anesthetic propofol running into Jackson's veins after the singer's heart stopped. Shafer refuted White's testimony that levels of the drug found in Jackson's urine proved that scenario was wrong. In that analysis, White relied on an outdated 1988 study, Shafer said. In fact, more recent research on the drug supports his hypothesis on what happened in the hours leading up to the pop star's death, Shafer testified. The latest research also illustrated that Jackson could not have given himself an injection of the drug, the scenario White said was more likely, Shafer said. "Does it absolutely rule out the hypothesis put forth by Dr. White?" Deputy District Attorney Walgren asked. "Absolutely," Shafer replied. Shafer previously told jurors, during his October 20 testimony, that the defense's self-administration theory was a "crazy scenario." 
(ABOVE: Prosecution expert Dr. Steven Shafer, seen in court, Tuesday.) During the prosecution's rebuttal, Shafer also addressed the standard of care issue. He said that in special cases such as that of Jackson, where a patient is treated in a remote location, the precautions should be far above the standard of care, not below. Noting that Jackson was given the drug propofol in his bedroom, he said, “If there was such a thing as bedroom-based anesthesia, the standard guidelines would be a minimum. There’s no tolerance for error because you have no backup.” Once Shafer finished on the stand, prosecutors also rested their case, setting the stage for closing arguments Thursday (November 3). Outside the jury's presence, the attorneys and the judge discussed instructions to be read to the panel before it begins deliberating. Prosecutors said they would offer jurors two separate theories of involuntary manslaughter: that Murray's conduct — using propofol — was a lawful act, but done in a criminally negligent manner; or that he failed to perform his legal duty as a physician. Over defense attorneys' objections, Pastor also accepted a jury instruction that goes to the question of whether Murray could be convicted even if jurors believe the defense's contention that Jackson injected himself. Jurors will be told that Murray is still criminally liable "if the defendant should have foreseen the possibility of harm that could result from his act." Three of the prosecution's witnesses (the coroner, a cardiologist, and a propofol expert) similarly told jurors that whether Jackson gave himself the drug or not, Murray was just as responsible. "[Murray] is responsible for every drop of propofol in that room," Dr. Shafer said. Defense attorneys will be able to highlight the testimony of five character witnesses -- which jurors will be told can be sufficient to create reasonable doubt -- to illustrate their claim that, throughout his career, Murray was always attentive, skillful, compassionate, knowledgeable, and cautious in the care of his patients. They can also consider whether the character witnesses demonstrated that Murray is not financially motivated. Prosecutors have cast him as greedy and eager to please Jackson. According to an attorney for the concert promoter AEG Live, Murray originally demanded $5 million to care for Jackson, as well as financial compensation for the concert's months-long hiatus, during which Jackson would not be performing. The physician eventually agreed to be paid $150,000 per month. Jackson died before signing Murray's contract. Although they won't have any direct testimony from the Houston-based cardiologist to consider, the jury will be able to review the doctor's lengthy police statement, in which he both detailed his treatments to Jackson and left out any references to his frequent phone use on the morning the singer died. It is just one of the more than 300 pieces of evidence that were presented during the trial, which so far has lasted six weeks. Sources - 1, 2, 3 _______________________________________________________ Conrad Murray "filming trial documentary" 
<(>(. . . Just felt like droppin' this mug-shot riiiight here. Heh.) The doctor at the center of the Michael Jackson manslaughter trial has been filming a blockbuster documentary on the case, according to reports. Dr. Conrad Murray has apparently sold the rights to his story to a production company who are filming him daily throughout the trial. The unidentified production company is said to be set to sell the footage as a package deal that will include a sit-down interview with Murray. A source said: "A news division that pays for the documentary will end up with a side deal of getting the sit-down with Conrad." The production outfit was reportedly aiming to sell the documentary for $1 million (£625,000). It was not clear how much would go to Murray. The source added: "They have already filmed a long interview in case he's taken into custody." A CNN representative said they had been offered the footage but had declined. A spokesperson for Murray's lawyer, J. Michael Flanagan, declined to comment, citing a gag order on the case. Source _______________________________________________________ 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 Murray's 17 "egregious" violations DAY 14 summary -- Dr. Shafer dismisses defense theories & shows 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" DAY 19 summary -- An addiction specialist & defense expert Dr. Paul White take the stand DAY 20 summary -- The defense's direct exam of Dr. White continues DAY 21 summary -- Dr. White endures a brutal cross-exam by prosecutor David Walgren The trial begins airing live at 11:45 EST most weekdays. You can watch along online, commercial free, HERE. _______________________________________________________ Like the summary says: Both sides are now completely finished. The case will finally go to the long-suffering jurors by the week's end!
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