URGENT TESTING SOUGHT OF JACKSON CASE EVIDENCE
Attorneys wanted specialist to determine quantities of substances in two syringes, IV bag
The Associated Press
updated 1 hour 0 minutes ago 2010-10-27T21:24:28
LOS ANGELES — Arguing that evidence is deteriorating, defense lawyers for the doctor charged in Michael Jackson's death are seeking urgent testing of two syringes and an IV bag found in the singer's mansion after his death.
Attorneys for Dr. Conrad Murray said during a 40-minute closed session with a judge that liquids in one of the syringes had already dried up and was now "salt," according to a transcript of the proceeding obtained Wednesday by The Associated Press.
Quantities of substances in the syringes and IV bag could be crucial to explaining how the singer died, the lawyers said at the Tuesday hearing.
Murray has pleaded not guilty to involuntary manslaughter. Authorities contend he administered a lethal dose of sedatives, including the anesthetic propofol, to Jackson in the bedroom of his rented mansion in June 2009.
Officials tested what was in the items and found traces of propofol and lidocaine, according to the transcript. But the amounts of the substances were not determined, and defense attorneys contend that may be significant in the case expected to hinge on technical and scientific data.
Superior Court Judge Michael Pastor declined to order testing on the substances Tuesday because he wanted defense attorneys to confer further with prosecutors.
The judge might order the testing late next week if the two sides can agree on how it will be conducted.
"I want to act as quickly as we can," Pastor told the attorneys.
Still, defense attorney Ed Chernoff struck an urgent tone, telling the judge, "We are doing it because the house is on fire. We need a hose."
Chernoff said substances in one broken syringe found at the mansion had dried up since June 2009, when Pastor ordered the evidence preserved. The tests sought by Murray's attorneys will destroy the samples and can only be performed once.
Prosecutor David Walgren questioned why defense attorneys had not raised the issue sooner.
"There are very technical, complex issues," he told the judge, adding he thought an agreement on the testing could eventually be reached.
Defense attorney J. Michael Flanagan told the judge his efforts to get the substances tested has been delayed because an expert in the Los Angeles County coroner's office had been on a lengthy vacation. He argued the tests should have been done after Jackson's death.
"It hasn't been done yet," Flanagan said. "It should have been done a year ago."
Tissue samples in Jackson's body were tested for levels of various substances and led to the coroner's determination that the pop singer died in part from acute propofol intoxication.
The anesthetic is supposed to be administered in hospital settings, but Murray told investigators he had been providing it to Jackson as a sleep aide and had been trying to wean him off the drug.
Chernoff has said the doctor did not give Jackson anything that should have killed him.
The tests are likely to be conducted by the coroner's office. A phone message left for coroner's Assistant Chief Ed Winter was not immediately returned.
Flanagan said the agency told him the makeup of the liquids in the syringes and IV bag were not tested because the values were not necessary to establish the cause of Jackson's death.
Flanagan said in the closed session that the results of the tests "would be very helpful information perhaps for both sides."
Chernoff told the judge results of the testing, which could take a month or more to complete, would not be used during a preliminary hearing scheduled to begin Jan. 4.
Prosecutors will lay out some of their evidence during the hearing, and Pastor will then decide whether there is enough evidence to order Murray to stand trial.
Stan Goldman said it was too early to know how the issue might impact Murray's case, but it probably gives his defense team an issue to try to create doubt in jurors' minds.
"It depends on the jury," he said. "You've suddenly gleaned a point that cannot be underestimated."
He said there didn't immediately appear to be any indication of impropriety with the evidence or testing.
But a jury possibly leaning toward acquitting Murray might be swayed by a defense argument that the evidence was either damaged or unavailable.
"It's gives them some arguments they didn't have before," Goldman said, adding he made similar arguments when he was a public defender. "Sometimes that's all you need."
First, really interesting fact...there´s a transcript from the hearing, so far, so good, and just the Associated Press obtained a copy???
Let´s analyze the article!
"Quantities of substances in the syringes and IV bag could be crucial to explaining how the singer died."
Of course, it always depends on the quantities of substances, that´s one of the main evidences in every death case.....Ö_ö
According to the autopsy report, there should have been an alleged "lethal dose of Propofol" in MJ´s system, findable in his heart blood, femoral blood, hospital blood ("Trauma, Gershwin"), vitreous, liver, gastric contents, urine and urine scene.
If we consider the fact, that Propofol is a very short acting anesthetic, leaving the system completely within hours, the alleged "lethal dose" must have been 10 to 20 times higher than 25 mg (2,5 ml)!!!
Beside that, the quantities of substantes in syringes and an IV bag don´t say anything, if there´s no proof, that they were used for administration!!!
"Authorities contend he administered a lethal dose of sedatives, including the anesthetic propofol, to Jackson in the bedroom of his rented mansion in June 2009."
Yeah, the so called 'Benzodiazepine effect'.....to get the record straight, the last time, Lorazepam should have been administered to MJ, was at 5.30 am, about 5 hours, before Propofol should have been given to MJ.
Lorazepam (2 ml, diluted!!!) would have left his system til then....and Midazolam (2 ml diluted), which should have been given at 7.30 am, about 3 hours before Propofol should have been administered.....is also a very short acting Benzodiazepine and leaves the body within 2 to 3 hours!!!
Despite that, Midazolam is usually given to patients to mitigate the dose of Propofol.
A short story from my own experience.....I had a minor surgery two weeks ago, I got 2 ml Midazolam, felt just "high" and like flying, and then, about 10 minutes later, 100 to 120 mg Propofol was administered to my body....and guess what? I´m still ALIVE!!! ;)
"Officials tested what was in the items and found traces of propofol and lidocaine, according to the transcript. But the amounts of the substances were not determined, and defense attorneys contend that may be significant in the case expected to hinge on technical and scientific data."
Umm.....Ö_Ö
They JUST tested the items, but "forgot" to determine the amount of the different substances???? If it wouldn´t be that sad, it would be really funny! ;)
Nothing more to add....period!!! ;)
"Superior Court Judge Michael Pastor declined to order testing on the substances Tuesday because he wanted defense attorneys to confer further with prosecutors.
The judge might order the testing late next week if the two sides can agree on how it will be conducted."
Okay....the judge wants the prosecutors and Murray´s legal team to find a conclusion, otherwise he might make a decision for additional testings.
Does he think, the items will get better, the longer they wait???
"The tests sought by Murray's attorneys will destroy the samples and can only be performed once.
Prosecutor David Walgren questioned why defense attorneys had not raised the issue sooner.
'There are very technical, complex issues," he told the judge, adding he thought an agreement on the testing could eventually be reached.' "
There´s just one question.....why wasn´t that tested before??? It´s an investitagor´s first duty to order all tests shortly after an alleged crime is committed, to prevent possible questions afterwards!!!
So.....
"Defense attorney J. Michael Flanagan told the judge his efforts to get the substances tested has been delayed because an expert in the Los Angeles County coroner's office had been on a lengthy vacation. He argued the tests should have been done after Jackson's death.
'It hasn't been done yet,' Flanagan said. 'It should have been done a year ago.' "
Michael Flanagan is absolutely correct.....and by the way, the one and only expert, who whould have been able to do the test, was on a lengthy vacation???? The Coroner´s Departement doesn´t want to tell us seriously, that there´s just ONE expert to be able to do those special tests.....do they??? ;)
"Stan Goldman said it was too early to know how the issue might impact Murray's case, but it probably gives his defense team an issue to try to create doubt in jurors' minds.
'It depends on the jury," he said. "You've suddenly gleaned a point that cannot be underestimated.' "
Honestly, this case, the alleged "MJ murder case" won´t take place in a courtroom, because nearly everything around it happened in public as yet, and I´m quite sure, that won´t change until the trial begins.
So Murray´s legal team hopes, an indepependant jury would have as much doubts as necessary to question Dr. Murray´s guilt.....doesn´t it remind you of another trial, some years ago? ;)
" 'It's gives them some arguments they didn't have before," Goldman said, adding he made similar arguments when he was a public defender. "Sometimes that's all you need.' '
I couldn´t agree more.....'innocent until proven guilty', and with those sloppy done investigations, it´s more than likely, that Dr. Murray will leave the court as a free man! ;)
Have a wonderful day! :)
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