Defense for Jackson doctor might seek trial delay

AP

By LINDA DEUTSCH, AP Special Correspondent Linda Deutsch, Ap Special Correspondent – 2 hrs 27 mins ago

LOS ANGELES – Lawyers for Michael Jackson's doctor told a judge Friday they may need a delay in his upcoming trial because prosecutors have disclosed new witnesses with surprising scientific theories the defense did not anticipate.

Attorneys Edward Chernoff and J. Michael Flanagan argued that the new evidence against Dr. Conrad Murray should be barred from the trial because it arrived too late.

Deputy District Attorney David Walgren said that would be absurd and called the situation the defense team's own fault for refusing to delay the trial when he and the judge suggested it.

Among the new expert opinions proposed by prosecutors is that Jackson could not have caused his own death by swallowing the powerful anesthetic propofol because it is not absorbed through the intestines.

At a preliminary hearing earlier this year, the defense posed the idea that Jackson, desperate for sleep, swallowed the drug while his doctor was out of the room. Propofol is normally is administered intravenously for surgery.

Superior Court Judge Michael Pastor said he would not exclude the expert testimony and declared he prosecution was not trying to "sandbag" the defense by disclosing the witness so close to the possible end of jury selection next week.

"This case involves sophisticated scientific issues," Pastor said, adding it was likely that new theories would arise during discovery of evidence.

"I'm not surprised by the situation," the judge said. "I anticipated these problems when I was advised that this case was going to proceed within 60 days after the preliminary hearing."

Murray, who has pleaded not guilty to involuntary manslaughter in the death of the pop superstar, has insisted on moving forward quickly.

Walgren said the prosecution, which originally listed 11 anticipated expert witnesses, has cut that down to four, most of them new.

"When the first experts got into this, it was not anticipated the defense would go with the theory that Michael killed himself," the prosecutor said. "This is a situation they created ... It was always our theory that Dr. Murray was incompetent, untruthful and caused the death of Michael Jackson."

With the new defense theory in play, prosecutors had to seek new scientific experts, he said.

Flanagan said he and Chernoff now need additional experts to respond to the newly added prosecution witnesses.

Chernoff was scheduled to report back to the judge later Friday. He said he would consult with Murray to determine whether to request a delay.

Jury selection, which began with a panel filling out written questionnaires, is set to continue May 4, with opening statements the following week.

Wow. Very interesting!!! This would be a blow to the defense for sure!!!!

Yeah, did you see TMZ article that defense is going to try to prove that Propofol can be ingested/digested or whatever by bringing in a veterinary expert and demonstrating or something like that on a pig?

Although, the fact that this article did not mention this makes me doubt what TMZ is saying...

I hope it's not true...for the pig's sake. That could be awful to possibly have to watch a little pig die (worst case scenario).

I wonder who the new witness is. I keep saying somethin' is a comin' with this trial. Good or bad, we're all going to learn some things from it.

Poor little piggy piggy...



Dr. Conrad Murray Wants To Test Propofol On A Pig During Trial
Venus | April 29, 2011 at 7:08 pm | Categories: 2011 Archive | URL: http://wp.me/p1i8PP-1G7

Dr. Conrad Murray's lawyers want to use a piglet to prove that Propofol can be ingested.

During today's court hearing, Judge Michael Pastor referenced attorney Michael Flanagan's suggestion to give a pig Propofol. Flanagan said he intended to use a vet as an expert witness -- presumably to discuss the ingestion of Propofol.

One of the defense's theories is that Michael Jackson fatally ingested Propofol while Dr. Murray was out of the bedroom.

The defense is also floating a theory -- that Michael may have fatally injected himself while Murray stepped out.

I wondered how long it would take for this to become a theory.

If they touch a live pig PETA will have their asses! They best NOT do that! No need to kill a defenseless animal for that bastard to prove he is innocent. Whomever had that idea deserves a kick in the balls. Sorry! I can't see Michael letting that happen!

That's animal testing. I don't think it should be allowed.

I agree Tracy. Dumbass idea. And of course they are going to say he injected himself. They are going to say whatever it takes to put doubt in the jurys mind. But to me, whether Michael did it, or someone came in and did it, he was on Murrays watch and it happened because of his neglect.

~PETA will have someones ass and the judge aint gonna want them picketing outside his court room.

Totally agree, ladies. Even though testing is done on pigs on a regular basis, it's certainly not done in a courtroom with the general public watching. PETA will definitely have someones' ass for that. If the judge allows it, it should at least be shown on film rather than right on front of the jurors and MJ's family. How inconsiderate to the family to make them watch that. Personally, I don't think it will happen. Too many repercussions.