DIRECT EXAMINATION BY MR. WALGREN:
Q DETECTIVE, WHERE DO YOU WORK?
A FOR CITY OF LOS ANGELES POLICE DEPARTMENT, ROBBERY/HOMICIDE DIVISION.
Q WHAT DO YOU DO?
A WORK HOMICIDE SPECIAL SECTION, INVESTIGATE MURDERS AND DEATHS.
Q YOU ARE A DETECTIVE?
A YES.
Q HOW LONG HAVE YOU BEEN A LOS ANGELES POLICE OFFICER?
A FOR ABOUT 16 AND-A-HALF YEARS.
Q HOW LONG HAVE YOU BEEN ASSIGNED TO ROBBERY/HOMICIDE DIVISION?
A SINCE MAY OF 2005.
Q WERE YOU ASSIGNED AS ONE OF THE LEAD INVESTIGATING OFFICERS IN THE CASE WE ARE DEALING WITH HERE INVOLVING THE DECEDENT, MICHAEL JACKSON?
A YES.
Q DID YOU ALSO IN THAT CAPACITY WORK WITH YOUR PARTNER, DETECTIVE DAN MYERS, AND DETECTIVE SCOTT SMITH?
A I DID.
Q NOW, ON JUNE 25, 2009, BEGINNING ON THAT DATE, WERE YOU ASSIGNED TO THIS CASE AND WORKING ON THIS CASE?
A YES.
Q FROM THE TIME THAT YOU WERE ASSIGNED THIS CASE ON JUNE 25, 2009, AND THE SUBSEQUENT DAYS, DID YOU MAKE EFFORTS TO MAKE CONTACT WITH THE DEFENDANT IN THIS CASE TO SEE IF YOU COULD SPEAK WITH HIM?
A I DID.
Q WHEN I SAY THE DEFENDANT, WOULD YOU IDENTIFY HIM IN COURT HERE TODAY?
A THAT WOULD BE DR. MURRAY WITH THE PAISLEY TIE AND BLACK SUIT.
THE COURT: POINTING TO AND IDENTIFYING THE DEFENDANT, DR. MURRAY.
Q BY MR. WALGREN:
ON JUNE 25, 2009, WERE YOU ABLE TO MAKE CONTACT WITH THE DEFENDANT?
A I WAS NOT.
Q AT SOME POINT ON JUNE 26, 2009, THAT WOULD BE THE FOLLOWING DAY, DID YOU CONTINUE YOUR EFFORT TO MAKE CONTACT WITH THE DEFENDANT?
A YES.
Q AT SOME POINT LATE ON JUNE 26, 2009, WERE YOU CONTACTED BY SOMEONE WHO REPRESENTED HIMSELF AS HIS ATTORNEY, MR. MICHAEL PENA?
A YES.
Q IS THAT THIS GENTLEMAN SEATED HERE TO MY LEFT?
A IT IS.
Q PREVIOUSLY IDENTIFIED AS MICHAEL PENA.
THE COURT: THAT IS CORRECT.
Q BY MR. WALGREN: DID YOU HAVE DISCUSSION WITH MR. PENA AND MAKE ARRANGEMENTS TO SIT DOWN AND MEET AND SPEAK WITH THE DEFENDANT?
A I DID.
Q THIS IS ON, WHAT, THE EVENING HOURS OF JUNE 26, 2009?
A THE LATE AFTERNOON HOURS.
Q WERE ARRANGEMENTS MADE TO THEN MEET THE FOLLOWING DAY, WHICH WOULD BE JUNE 27, 2009?
A HE SAID HE WOULD CALL ME WITH TIME AND LOCATION ON THE NEXT DAY, THE 27TH.
Q ON JUNE 27, THEN DID MR. PENA MAKE CONTACT WITH YOU?
A YES.
Q WERE ARRANGEMENTS MADE AT THAT TIME?
A THEY WERE.
Q DID YOU MEET THAT SAME DAY?
A YES.
Q WHERE DID YOU MEET?
A AT A HOTEL IN MARINA DEL REY.
Q WHO CHOSE THAT LOCATION?
A MR. PENA.
Q WHO ACCOMPANIED YOU TO THAT LOCATION?
A DETECTIVE SCOTT SMITH MET ME THERE.
Q AT THAT HOTEL IN MARINA DEL REY, DID YOU MAKE CONTACT THEN WITH MR. PENA?
A YES, I DID.
Q WHO, IF ANYBODY, ACCOMPANIED HIM?
A MR. CHERNOFF AND DR. MURRAY.
Q AT WHAT TIME DID THIS MEETING TAKE PLACE TO THE BEST OF YOUR RECOLLECTION?
A FOUR O’CLOCK IN THE AFTERNOON.
Q WHERE WITHIN THE HOTEL DID THIS MEETING TAKE PLACE?
A IT WAS LIKE A BOARD ROOM. A LONG TABLE WITH CHAIRS ALL AROUND IT.
Q THE PARTICIPANTS THEN WERE MR. PENA, MR. CHERNOFF, THE DEFENDANT DR. MURRAY, YOU, AND DETECTIVE SMITH?
A YES.
Q INSIDE THIS ROOM THEN, DID YOU BEGIN INTERVIEWING THE DEFENDANT WITH HIS TWO ATTORNEYS PRESENT?
A YES.
Q WAS THIS INTERVIEW RECORDED ON SOME KIND OF DIGITAL RECORDING DEVICE?
A IT WAS.
Q SUBSEQUENTLY, A TRANSCRIPT HAS BEEN PREPARED OF THAT DIGITAL RECORDING OF THE INTERVIEW?
A CORRECT.
Q NOW, DID YOU BEGIN, YOU OR DETECTIVE SMITH IN YOUR PRESENCE, BEGIN BY ASKING DR. MURRAY HOW HE BEGAN A RELATIONSHIP WITH THE DECEDENT, MICHAEL JACKSON?
A YES.
Q WHAT DID HE TELL YOU IN THAT REGARD?
A DR. MURRAY STATED THAT HE HAD MET MR. JACKSON IN 2006 AFTER A PATIENT’S SON HAD REFERRED MR. JACKSON TO HIM.
Q DID YOU SPECIFICALLY ASK DR. MURRAY IF HE HAD BEEN REFERRED AS A RESULT OF HIM BEING A CARDIOLOGIST AS OPPOSED TO JUST BEING A DOCTOR IN GENERAL?
A YES.
Q WHAT DID HE TELL YOU?
A AS A DOCTOR IN GENERAL.
Q WHAT DID HE TELL YOU IN THESE INITIAL CONTACTS IN 2006 OF WHAT THE NATURE WAS, IF ANY, OF HIS TREATMENT?
A HE TREATED MR. JACKSON AND HIS CHILDREN FOR A FLU.
Q THAT WAS IN LAS VEGAS, ACCORDING TO DR. MURRAY?
A YES.
Q GOING THEN FROM THIS INITIAL ENCOUNTER, THIS INITIAL MEETING IN 2006 TO THE PRESENT, AND THE PRESENT BEING THE TIME OF THIS INTERVIEW, JUNE 27, 2009, DID YOU QUESTION DR. MURRAY ABOUT HIS CARE IN THE MONTHS PRECEDING JUNE 2009?
A YES.
Q DID HE DESCRIBE TO YOU HOW THAT CAME TO BE?
A YES.
Q WHAT DID HE TELL YOU?
A DR. MURRAY SAID THAT HE RECEIVED A PHONE CALL FROM MR. JACKSON’S ASSISTANT, MICHAEL AMIR WILLIAMS, REQUESTING TO TREAT HIM FOR THE TOUR, THE “THIS IS IT” TOUR.
Q DID DR. MURRAY TELL YOU THAT DR. MURRAY WAS INFORMED THAT MICHAEL JACKSON WANTED DR. MURRAY TO ACCOMPANY HIM ON THIS LONDON TOUR?
A YES.
Q ACCORDING TO DR. MURRAY, IN THIS INITIAL ENCOUNTER REGARDING THE TOUR, DID DR. MURRAY INDICATE THAT ESSENTIALLY HE WOULD CONSIDER IT BUT HE NEEDED MORE DETAILS, OR WORDS TO THAT EFFECT?
A YES.
Q ACCORDING TO DR. MURRAY, FOLLOWING THAT INITIAL CALL BY MICHAEL AMIR WILLIAMS, DID HE INDICATE —
MR. CHERNOFF: OBJECT. LEADING.
THE COURT: IT IS FOUNDATIONAL AT THIS JUNCTURE.
MR. CHERNOFF: HE IS ASKING THINGS THAT DR. MURRAY SAID.
THE COURT: I DON’T KNOW IF WE HAVE GOT TO THAT POINT. SO GO AHEAD.
Q BY MR. WALGREN: FOLLOWING THIS INITIAL CONVERSATION WITH MICHAEL AMIR WILLIAMS, DID DR. MURRAY INDICATE THAT HE RECEIVED A SUBSEQUENT PHONE CALL FROM MICHAEL JACKSON?
MR. CHERNOFF: IT IS LEADING. IT IS ASKING FOR A YES OR NO.
THE COURT: THAT IS WHAT WE WILL GET, A YES OR NO, NOT THE SUBSTANCE AT THIS JUNCTURE. OVERRULED. GO AHEAD.
THE WITNESS: YES.
Q BY MR. WALGREN: DID HE DESCRIBE THAT SUBSEQUENT CONVERSATION TO YOU?
A YES.
Q WHAT DID HE TELL YOU IN THAT REGARD?
A HE SAID THAT MR. JACKSON CALLED HIM, WAS ELATED, WAS HAPPY THAT HE WAS GOING TO JOIN THE TEAM, JOIN THEM ON THEIR TOUR.
Q NOW, DID YOU SPECIFICALLY QUESTION DR. MURRAY THEN ABOUT HIS TREATMENT AT THE CAROLWOOD RESIDENCE IN LOS ANGELES AND THE BASIC CHARACTERISTICS OF THAT TREATMENT AND HOW IT HAD BEEN PROCEEDING?
A YES.
Q WHAT DID HE TELL YOU IN GENERAL TERMS?
A HE SAID, DR. MURRAY SAID, FOR A LITTLE OVER TWO MONTHS HE HAD BEEN TREATING MICHAEL, MR. JACKSON, OR ASSISTING HIM TO SLEEP NIGHTLY. HE SAID NIGHTLY, AND THEN ALSO SAID SIX DAYS A WEEK.
Q IS THIS DIFFERENT PARTS OF THE INTERVIEW?
A CORRECT.
Q SO AT ONE POINT, HE SAID EVERY NIGHT. AND AT ANOTHER POINT, HE SAID SIX NIGHTS A WEEK?
A YES.
Q HOW DID HE DESCRIBE THE ASSISTANCE HE WAS OFFERING EITHER SIX NIGHTS A WEEK OR SEVEN NIGHTS A WEEK TO HELP MR. JACKSON SLEEP?
A HE SAID THAT HE WOULD INJECT MR. JACKSON WITH PROPOFOL, 50 MILLIGRAMS PROPOFOL A NIGHT INJECTION, TO MAKE HIM GO TO SLEEP, THEN A DRIP INFUSION TO KEEP HIM UNDER.
Q DID HE SPECIFY THAT THIS WAS DURING THE NIGHTTIME?
A YES.
Q DID HE SPECIFY, AS YOU HAVE INDICATED, THAT HE WOULD GIVE AN INITIAL INFUSION OF PROPOFOL FOLLOWED BY A DRIP?
MR. CHERNOFF: OBJECTION. LEADING. ALSO ASKED AND ANSWERED.
THE COURT: THAT IS WHAT IT SEEMS TO BE. SUSTAINED.
Q BY MR. WALGREN: YOU MENTIONED 50 MILLIGRAMS. DID HE SAY IT WAS 50 MILLIGRAMS EVERY NIGHT?
A YES.
Q OR DID HE SAY THAT WAS THE MAXIMUM AMOUNT HE WOULD GIVE HIM?
A HE SAID THAT WAS THE MOST THAT HE WOULD GIVE.
Q AGAIN, I’M TRYING TO BE CLEAR. ACCORDING TO HIS WORDS, DID HE SAY THAT IS THE MAXIMUM AMOUNT HE WOULD GIVE IN A WHOLE EVENING OR IN ONE DOSAGE?
A I DON’T BELIEVE THAT HE SPECIFIED THE DIFFERENCE BETWEEN THE TWO.
Q BUT AS FAR AS WHETHER IT WAS A SINGLE DOSAGE OR A SINGLE DOSAGE FOLLOWED BY A CONTINUOUS DRIP, DID HE GIVE YOU DETAILS REGARDING THAT?
A NO.
Q BUT I MEAN AS FAR AS WHAT HE DID ON A NIGHTLY BASIS, DID HE TELL YOU WHETHER IT WAS TYPICALLY A SINGLE DOSAGE, OR DID HE TELL YOU IT WAS A SINGLE DOSAGE FOLLOWED BY A DRIP?
A HE TOLD ME IT WAS A DOSAGE TO PUT HIM UNDER, AND THEN A DRIP TO KEEP HIM UNDER.
Q NOW, THROUGHOUT THIS INTERVIEW, AGAIN WERE BOTH MR. CHERNOFF AND MR. PENA PRESENT?
A YES.
Q THROUGHOUT THIS INTERVIEW, AT VARIOUS POINTS IN THE INTERVIEW DID DR. MURRAY EVER EXPRESS TO YOU THAT HE WAS CONCERNED ABOUT A DEPENDENCY ISSUE REGARDING MICHAEL JACKSON AND PROPOFOL?
A YES, HE DID.
Q DID HE REFERENCE THAT ON MORE THAN ONE OCCASION IN THE INTERVIEW?
A YES, HE DID.
Q GOING SPECIFICALLY TO THE DAYS JUST PRIOR TO JUNE 25, 2009, DID DR. MURRAY EXPLAIN THOSE LAST REMAINING EVENINGS OF TREATMENT OF MICHAEL JACKSON?
A HE DID.
Q DID HE, AT LEAST IN HIS WORDS, EXPLAIN WHAT HE WAS ATTEMPTING TO DO THOSE LAST EVENINGS?
A YES.
Q WHAT DID HE TELL YOU?
A HE FELT THAT MR. JACKSON HAD DEVELOPED A DEPENDENCY UPON THE PROPOFOL. SO WITH MR. JACKSON’S PERMISSION, HE DECIDED TO WEAN HIM OFF. THE TERM HE USED, WEAN HIM OFF THE PROPOFOL AND INDUCE SOME OTHER AGENTS.
Q NOW, PRIOR TO DESCRIBING THESE EVENINGS, IN THIS INTERVIEW HAD DR. MURRAY TOLD YOU HE HAD BEEN GIVING MICHAEL JACKSON PROPOFOL EVERY NIGHT FOR TWO MONTHS?
A I’M SORRY. ONE MORE TIME.
Q PRIOR TO GETTING INTO THESE LAST COUPLE DAYS OF DR. MURRAY’S TREATMENT, DID HE IN THIS INTERVIEW TELL YOU HE HAD BEEN GIVING MICHAEL JACKSON PROPOFOL EVERY SINGLE NIGHT FOR TWO MONTHS?
A YES.
Q NOW, IN THESE LAST THREE DAYS THEN, THE FIRST NIGHT ACCORDING TO DR. MURRAY HE WAS ATTEMPTING TO WEAN MICHAEL JACKSON OFF PROPOFOL, WHAT DID DR. MURRAY TELL YOU HE DID?
A DR. MURRAY SAID THAT HE LOWERED THE AMOUNT OF PROPOFOL THAT HE USUALLY GAVE MR. JACKSON, AND HE ALSO INTRODUCED MIDAZOLAM AND LORAZEPAM TO HELP MR. JACKSON SLEEP.
Q SO THE FIRST — LET’S GO TO THE FIRST NIGHT THAT, ACCORDING TO DR. MURRAY, HE IS TRYING TO WEAN MICHAEL JACKSON OFF PROPOFOL. WAS IT THAT FIRST NIGHT IN THIS WEANING PROCESS PER DR. MURRAY THAT HE GAVE A REDUCED AMOUNT OF PROPOFOL?
A YES.
Q BUT HE GAVE THE REDUCED AMOUNT OF PROPOFOL BUT FOLLOWED WITH LORAZEPAM AND DIAZEPAM?
A MIDAZOLAM.
Q EXCUSE ME. MIDAZOLAM?
A YES.
Q HOW ABOUT THE FOLLOWING NIGHT. NOW, THE SECOND NIGHT OF ATTEMPTING TO WEAN HIM OFF THE PROPOFOL, ACCORDING TO DR. MURRAY, WHAT DID HE DO?
A DR. MURRAY SAID THAT HE DID NOT INTRODUCE ANY PROPOFOL AND ONLY USED THE LORAZEPAM AND THE MIDAZOLAM.
Q GOING THEN TO WHAT WILL BE THE THIRD NIGHT, ACCORDING TO DR. MURRAY, THIS WILL BE THE EARLY MORNING HOURS OF JUNE 25, 2009.
A YES, THE DAY OF HIS DEATH.
Q ON THAT DATE, JUNE 25, 2009, ACCORDING TO DR. MURRAY, DID HE RESPOND TO THE CAROLWOOD RESIDENCE FOLLOWING MICHAEL JACKSON’S REHEARSALS?
A YES.
Q WHAT TIME DID HE ARRIVE AT THE CAROLWOOD RESIDENCE, ACCORDING TO DR. MURRAY?
A DR. MURRAY STATED HE ARRIVED AROUND 12:50 A.M.
Q WHO ARRIVED AT THE RESIDENCE FIRST, DR. MURRAY OR MICHAEL JACKSON, ACCORDING TO DR. MURRAY?
A DR. MURRAY.
Q WHAT HAPPENED? WHAT DID DR. MURRAY DO AT THE RESIDENCE UPON HIS ARRIVAL?
A HE WENT TO — HE SAID MR. JACKSON HAD TWO ROOMS, AND HE WENT TO THE ROOM WHERE HE ALWAYS TREATED MR. JACKSON AND WAITED.
Q DID HE DESCRIBE THAT ROOM TO YOU?
A LATER ON IN THE INTERVIEW, YES.
Q IS THAT THE ROOM WHERE THE PARAMEDICS HAVE TESTIFIED THEY FOUND THE DECEDENT?
A CORRECT.
Q DID DR. MURRAY INDICATE WHAT TIME MICHAEL JACKSON ARRIVED?
A DR. MURRAY INDICATED THAT HE ARRIVED AT AROUND ONE O’CLOCK IN THE MORNING OR 1:05 IN THE MORNING.
Q WHAT HAPPENED AT THAT POINT, ACCORDING TO DR. MURRAY?
A DR. MURRAY SAID MR. JACKSON CAME UPSTAIRS. THEY HAD A BRIEF DISCUSSION ON HOW MR. JACKSON’S NIGHT WENT, THEN MR. JACKSON WENT AND SHOWERED AND CHANGED.
Q WHAT HAPPENED NEXT?
A DR. MURRAY RUBBED MR. JACKSON’S FEET AND RUBBED SOME SKIN LOTION ON MR. JACKSON’S BACK.
Q DID HE INDICATE THAT WAS FOR A DERMATOLOGICAL CONDITION?
A YES.
Q FOLLOWING THAT, ACCORDING TO DR. MURRAY, DID HE BEGIN USING AN I.V.?
A YES.
Q FOR WHAT PURPOSE, ACCORDING TO DR. MURRAY?
A DR. MURRAY SAID HE PUT AN I.V. IN MR. JACKSON’S EITHER RIGHT OR LEFT LEG BELOW THE KNEE FOR HYDRATION.
Q DURING THE TIME THAT THIS IS GOING ON, ACCORDING TO DR. MURRAY IS ANYONE ELSE IN THE ROOM OTHER THAN DR. MURRAY AND MICHAEL JACKSON?
A WE ASKED THAT QUESTION MULTIPLE TIMES, AND NO ONE ELSE WAS IN THE ROOM.
Q FOLLOWING OF THE PLACEMENT OF THE I.V. FOR HYDRATION, DID DR. MURRAY THEN DESCRIBE WHAT DRUGS, IF ANY, HE GAVE MICHAEL JACKSON?
A YES.
Q ACCORDING TO DR. MURRAY, WHAT IS THE FIRST THING THAT MICHAEL JACKSON WAS GIVEN?
A AT AROUND TWO O’CLOCK, DR. MURRAY GAVE MR. JACKSON TWO MILLIGRAMS OF LORAZEPAM DILUTED WITH SALINE. HE DESCRIBED THAT HE PUSHED IT SLOWLY, WHICH IS OVER THE COURSE OF TWO OR THREE MINUTES.
Q PRIOR TO THE LORAZEPAM, DID HE MENTION ANYTHING ABOUT GIVING HIM A VALIUM?
A YES, TEN MILLIGRAM PILL OF VALIUM ORALLY.
Q ACCORDING TO DR. MURRAY, WAS THE VALIUM, THE TEN MILLIGRAMS ORALLY, THE FIRST THING GIVEN TO MICHAEL JACKSON?
A YES.
Q I’M SORRY. THEN YOU SAID AT 2:00 A.M., ACCORDING TO DR. MURRAY, WHAT DID HE GIVE HIM?
A TWO MILLIGRAMS OF LORAZEPAM. IT WAS DILUTED WITH SALINE, AND HE PUSHED IT OVER THE COURSE OF TWO TO THREE MINUTES.
Q SO HE INDICATED THIS WAS DONE WITH THE SYRINGE?
A YES.
Q DID HE INDICATE WHETHER THIS WAS AGAIN DIRECTLY INTO AN ARM OR LEG, OR WAS IT USING THE I.V. PORT?
A IT WAS USING THE I.V. PORT.
Q THIS WAS SLOWLY PUSHED USING THE SYRINGE OVER A PERIOD OF ABOUT TWO TO THREE MINUTES, ACCORDING TO DR. MURRAY?
A CORRECT.
Q FOLLOWING THIS, THE VALIUM AND THE 2:00 A.M. SLOW PUSH OF LORAZEPAM, ACCORDING TO DR. MURRAY WHAT OCCURRED NEXT?
A MR. JACKSON REMAINED AWAKE FOR APPROXIMATELY ANOTHER HOUR, UPON WHICH DR. MURRAY INTRODUCED TWO MILLIGRAMS OF MIDAZOLAM VIA THE SAME METHOD, PUSHED SLOWLY INTO THE I.V. OR INTO MR. JACKSON OVER THE COURSE OF TWO TO THREE MINUTES.
Q AND ACCORDING TO DR. MURRAY, THIS WAS AROUND 3:00 A.M.?
A YES.
Q AT VARIOUS POINTS IN THIS INTERVIEW, DOES DR. MURRAY INDICATE HE LOOKED AT HIS WATCH?
A YES.
Q AT VARIOUS POINTS IN THE INTERVIEW, DOES HE INDICATE HE LOOKED TO CHECK THE TIME?
A YES.
Q AND AGAIN, THIS INTERVIEW IS TAKING PLACE JUST TWO DAYS AFTER THE INCIDENT?
A CORRECT.
Q SO AT 3:00 A.M., HE GIVES TWO MILLIGRAMS OF MIDAZOLAM, ALSO INJECTED SLOWLY?
A CORRECT.
Q INITIALLY, ACCORDING TO DR. MURRAY, DID MICHAEL JACKSON FALL ASLEEP OR REMAIN AWAKE?
A DR. MURRAY SAID AT AROUND 3:20, MR. JACKSON FELL ASLEEP FOR ABOUT TEN TO 12 MINUTES.
Q IN STATING THAT HE FELL ASLEEP FOR TEN TO 12 MINUTES, WAS THAT ONE OF THE POINTS WHERE DR. MURRAY SAID HE HAD BEEN LOOKING AT HIS WATCH?
A CORRECT.
Q AFTER, FOLLOWING TEN TO 12 MINUTES OF SLEEP, WHAT HAPPENED, ACCORDING TO DR. MURRAY?
A MR. JACKSON AWOKE AGAIN.
Q WHAT ATTEMPTS, IF ANY, WERE MADE AT THAT POINT TO ASSIST MICHAEL JACKSON IN GOING TO SLEEP?
A I BELIEVE DR. MURRAY TURNED DOWN THE LIGHTS, TURNED DOWN THE MUSIC, ENCOURAGED MR. JACKSON TO MEDITATE.
Q AT 4:30, WHAT HAPPENED, ACCORDING TO DR. MURRAY?
A MR. JACKSON BEGAN TO COMPLAIN TO HIM THAT HE COULDN’T SLEEP AND THAT HE WOULD HAVE TO CANCEL HIS REHEARSALS AND CANCEL HIS SHOWS IF HE COULDN’T GET ANY SLEEP BECAUSE HE COULDN’T PERFORM.
Q AT AROUND FIVE O’CLOCK, AGAIN ACCORDING TO DR. MURRAY, DID HE GIVE HIM SOME ADDITIONAL DRUGS?
A YES.
Q WHAT DID HE GIVE HIM?
A DR. MURRAY SAID HE GAVE HIM ANOTHER TWO MILLIGRAMS OF THE LORAZEPAM.
Q DID HE EXPLAIN HOW THIS WAS DONE?
A THE SAME, PUSHED SLOWLY.
Q ACCORDING TO DR. MURRAY, DID THIS PUT MICHAEL JACKSON TO SLEEP?
A IT DID NOT.
Q ACCORDING TO DR. MURRAY, WHAT DID HE DO NEXT?
A CAN I GLANCE AT MY NOTES?
Q IF IT WOULD REFRESH YOUR RECOLLECTION.
THE COURT: PLEASE.
THE WITNESS: (EXAMINING DOCUMENT) AFTER THE 5:00 A.M. TWO MILLIGRAMS OF LORAZEPAM, MY RECOLLECTION IS REFRESHED.
Q BY MR. WALGREN: WHAT HAPPENED THEN?
A MR. JACKSON BEGAN TO COMPLAIN SOME MORE ABOUT HOW HE WOULD HAVE TO CANCEL HIS SHOWS.
Q JUMPING AHEAD, AT 7:30 A.M., DID DR. MURRAY INDICATE HE GAVE MORE DRUGS TO MICHAEL JACKSON?
A YES.
Q SO FROM 5:00 A.M. WHEN THE TWO MILLIGRAMS OF LORAZEPAM WERE GIVEN AND, ACCORDING TO DR. MURRAY, MICHAEL JACKSON IS STILL AWAKE, FROM 5:00 TO 7:30 A.M., WHAT IS HAPPENING ACCORDING TO DR. MURRAY?
A MR. JACKSON IS STILL AWAKE AND STILL COMPLAINING THAT HE CAN’T SLEEP, AND DR. MURRAY HAS SAID THAT HE WAS HAVING PRESSURE PLACED ON HIM TO HELP MICHAEL — EXCUSE ME — TO HELP MR. JACKSON SLEEP.
Q THAT IS WHAT DR. MURRAY SAID?
A CORRECT.
Q SO AT 7:30 A.M., AGAIN ACCORDING TO DR. MURRAY, WHAT DID HE DO?
A DR. MURRAY GAVE ANOTHER TWO MILLIGRAMS OF MIDAZOLAM, PUSHED SLOWLY.
Q DID THIS HAVE ANY EFFECT, ACCORDING TO DR. MURRAY?
A IT DID NOT.
Q GOING FORWARD THEN TO 10:00 A.M. ON JUNE 25, 2009, AT THAT TIME, ACCORDING TO DR. MURRAY, WHAT IS HAPPENING?
A MR. JACKSON IS STILL AWAKE AND STILL COMPLAINING TO HIM THAT HE NEEDS TO SLEEP. AND MR. JACKSON SPECIFICALLY ASKED FOR MILK, WHICH IS HIS NICKNAME FOR PROPOFOL.
Q AT AROUND 10:40 OR 10:50, ACCORDING TO DR. MURRAY, DID HE GIVE PROPOFOL TO MICHAEL JACKSON?
A YES.
Q AGAIN, ACCORDING TO DR. MURRAY, DID HE LOOK AT HIS WATCH TO KNOW THE APPROXIMATE TIME THAT HE GAVE THIS PROPOFOL?
A YES. DR. MURRAY SAID THAT HE HAD TO CALCULATE HOW MUCH TIME HAD PASSED FROM THE PREVIOUS MEDICINE THAT HE HAD GIVEN HIM BECAUSE THEY MAY STILL BE ON BOARD. THAT WAS HIS TERM, ON BOARD. Q SO AT 10:40 OR 10:50 A.M., ACCORDING TO DR. MURRAY, HOW MUCH PROPOFOL DID HE GIVE MICHAEL JACKSON?
A DR. MURRAY SAID HE HALVED HIS NORMAL DOSE, GAVE HIM 25 MILLIGRAMS OVER THE COURSE OF 25 MINUTES.
Q AND DID HE DESCRIBE HOW HE GAVE THIS 25 MILLIGRAMS OVER 25 MINUTES?
A YES.
Q WHAT DID HE SAY?
A HE SAID IT WAS AN INJECTION TO PUT MR. JACKSON TO SLEEP, AND A SLOW DRIP TO KEEP HIM SLEEPING.
Q AGAIN, IN REGARD TO THE TIME THAT THE PROPOFOL WAS GIVEN AT 10:40 OR 10:50 A.M., DR. MURRAY IS INDICATING TO YOU HE WAS LOOKING AT THE TIME, LOOKING AT HIS WATCH?
A CORRECT.
Q AFTER GIVING HIM THE 25 MILLIGRAMS OF PROPOFOL, ACCORDING TO DR. MURRAY, DID MICHAEL JACKSON FALL ASLEEP?
A YES.
Q DID HE INDICATE THAT WAS AROUND 11:00 A.M.?
A YES.
Q WHAT DID DR. MURRAY DO, ACCORDING TO DR. MURRAY, AFTER MICHAEL JACKSON FELL ASLEEP AROUND 11:00 A.M.?
A DR. MURRAY SAID THAT HE MONITORED HIM FOR A WHILE. MR. JACKSON WAS NOT SNORING, BUT SLEEPING, SO HE MONITORED HIM UNTIL HE FELT COMFORTABLE WITH MR. JACKSON’S CONDITION.
Q DID HE INDICATE HOW LONG HE MONITORED HIM IN THAT CONDITION?
A MAY I USE MY NOTES TO REFRESH MY RECOLLECTION?
THE COURT: YES.
THE WITNESS: THANK YOU. (EXAMINING DOCUMENT)
Q BY MR. WALGREN: LET ME JUST ASK YOU THIS, DETECTIVE. AFTER HE SAW HIM FALL ASLEEP AROUND ELEVEN O’CLOCK IN THE MORNING, AT SOME POINT DID HE FEEL COMFORTABLE TO LEAVE THE PATIENT?
A YES.
Q DID HE TELL YOU, DR. MURRAY TELL YOU, HE DID, IN FACT, LEAVE THE PATIENT ALONE IN THE ROOM?
A YES, HE DID.
Q WHAT DID HE TELL YOU HE DID?
A HE WENT TO GO RELIEVE HIMSELF IN THE RESTROOM.
Q DID HE DESCRIBE TO YOU WHICH RESTROOM HE USED?
A YES.
MR. WALGREN: MAY I HAVE ONE MOMENT, YOUR HONOR?
THE COURT: SURE.
Q BY MR. WALGREN: DETECTIVE, SHOWING YOU PEOPLE’S 9 FOR IDENTIFICATION, DO YOU RECOGNIZE THAT DIAGRAM?
A I DO.
Q YOU HAVE PHYSICALLY GONE TO THE RESIDENCE. DOES THIS DEPICT THE UPSTAIRS BEDROOM IN QUESTION AT 100 NORTH CAROLWOOD?
A IT DOES.
Q DO YOU SEE THE BED LOCATED IN THE BEDROOM THAT HAS BEEN REFERENCED PREVIOUSLY THROUGHOUT THIS HEARING?
A I DO.
Q IS THE BATHROOM THAT THE DOCTOR STATED HE USED, IS THAT DEPICTED IN PEOPLE’S 9?
A IT IS.
Q CAN YOU POINT THAT OUT, PLEASE?
A (INDICATING)
Q YOU ARE INDICATING TO THE FAR RIGHT OF PEOPLE’S 9?
A CORRECT.
Q IF I COULD, FROM THE BEDROOM WHERE MICHAEL JACKSON WAS, AND ON PEOPLE’S 9 PROCEEDING FROM LEFT TO RIGHT, IS THIS THE LARGE ROOM THAT WAS REFERRED TO AS THE CLOSET WHERE I’M POINTING HERE?
A YES.
Q AND SO ONE WOULD HAVE TO WALK THROUGH THE CORRIDOR BETWEEN THE BEDROOM AND THE CLOSET, AND THEN WALK THROUGH THE CLOSET THROUGH THE DOORWAY INTO THE BATHROOM AREA?
A CORRECT.
Q HOW LONG DID DR. MURRAY SAY HE WAS GONE AWAY FROM THE PATIENT WHILE HE USED THE RESTROOM?
A DR. MURRAY SAID APPROXIMATELY TWO MINUTES.
Q I WANT TO DIRECT YOUR ATTENTION TO THE TRANSCRIPT, PAGE 63. LET ME ASK YOU, AS YOU SIT HERE TODAY, DO YOU RECALL THE EXACT WORDS OF DR. MURRAY ONCE HE RETURNED FROM THE RESTROOM?
A IN A GENERAL SENSE.
Q WOULD IT REFRESH YOUR RECOLLECTION IF YOU LOOKED AT THE TRANSCRIPT ON PAGE 63?
A YES.
Q DO YOU HAVE THAT WITH YOU?
A I DO.
Q LOOKING AT PAGE 63, BEGINNING ON LINE 22.
A YES.
Q THAT IS REFERENCING, AGAIN THIS IS ON PAGE 63, LINE 22, IS THAT DR. MURRAY SPEAKING?
A IT IS.
Q THAT IS FOLLOWING HIS, ACCORDING TO HIS WORDS, TWO MINUTES IN THE RESTROOM?
A CORRECT.
MR. CHERNOFF: AFTER PROPER REFRESHMENT, HE NEEDS TO TESTIFY FROM HIS OWN MEMORY AFTER REFRESHING HIS RECOLLECTION, NOT FROM WHAT IS ON A TRANSCRIPT THAT HASN’T BEEN OFFERED IN EVIDENCE, UNLESS THEY WANT TO OFFER IT IN EVIDENCE.
THE COURT: THE OBJECTION IS SUSTAINED. THE LAST ANSWER IS STRICKEN.
MR. WALGREN: THE LAST QUESTION, WAS THAT THE STATEMENT REFERENCING AFTER HE WAS OUT OF THE ROOM FOR TWO MINUTES?
THE COURT: RIGHT. YOU CAN REASK IT, BUT IT IS ALREADY THERE.
Q BY MR. WALGREN: ACCORDING TO DR. MURRAY, WHEN HE RETURNED FROM HIS TWO-MINUTE ABSENCE, WHAT DID HE SAY HE OBSERVED?
A HE SAID THAT HE WAS STUNNED TO SEE THAT MR. JACKSON WAS NOT BREATHING BECAUSE HE WAS LOOKING FOR HIS, I GUESS, THE BREATHING MOTION.
Q I WANT TO BE PRECISE WHAT HE SAID. SO IF IT WOULD REFRESH YOUR RECOLLECTION TO LOOK AT THE TRANSCRIPT, IF YOU COULD DO SO, PAGE 63, BEGINNING ON
LINE 22.
A (EXAMINING DOCUMENT) GOT IT.
Q DOES THAT REFRESH YOUR RECOLLECTION?
A YES.
Q WHAT DID HE SAY?
A HE SAID HE WAS STUNNED TO SEE HE WASN’T BREATHING BECAUSE HE ALWAYS WANTS TO LOOK AT HIS DIAPHRAGMATIC MOTION.
Q TO LOOK AT HIS CHEST AND LOOK AT THE DIAPHRAGMATIC MOTION?
A YES.
Q WHAT IS THE FIRST THING, ACCORDING TO DR. MURRAY, THAT HE DID UPON FINDING MICHAEL JACKSON NOT BREATHING?
A HE BEGAN TO DO CPR. HE SAID HE STARTED CHEST COMPRESSIONS ON MR. JACKSON.
Q AGAIN, ACCORDING TO DR. MURRAY, IS THIS SOMETIME SHORTLY AFTER 11:00 A.M. IN THE MORNING?
A YES.
Q FOLLOWING CHEST COMPRESSIONS, WHAT DID DR. MURRAY DO, ACCORDING TO DR. MURRAY?
A MOUTH-TO-MOUTH.
Q WHERE WAS THE PATIENT, MICHAEL JACKSON, AT THE TIME HE IS DOING THESE CHEST COMPRESSIONS AND 8 MOUTH-TO-MOUTH, ACCORDING TO DR. MURRAY?
A MR. JACKSON WAS STILL ON THE BED.
Q DID HE THEN SWITCH FROM MOUTH-TO-MOUTH BACK TO COMPRESSIONS?
A YES.
Q DID YOU HAVE DR. MURRAY DESCRIBE TO YOU HOW HE WAS DOING THESE CHEST COMPRESSIONS WHILE MICHAEL JACKSON WAS ON THE BED?
A I DID.
Q WHAT DID HE TELL YOU?
A HE DESCRIBED THAT HE HAD ONE HAND UNDER MR. JACKSON’S BACK, AND I DON’T RECALL IF IT WAS THE RIGHT OR LEFT HAND, AND THE OTHER HAND ON TOP OF HIS CHEST. SO ONE HAND WOULD BE SUPPORTING HIS BACK, THE OTHER ON TOP OF HIS CHEST PUSHING DOWN, COMPRESSING.
Q WAS DR. MURRAY ASKED AT THAT TIME, OR DID HE EXPLAIN WHY HE DIDN’T SIMPLY MOVE MICHAEL JACKSON ONTO THE FLOOR?
A YES.
Q WHAT DID DR. MURRAY SAY?
A DR. MURRAY SAID HE COULD NOT MOVE HIM TO THE FLOOR BY HIMSELF.
Q HOW TALL DID DR. MURRAY TELL YOU HE WAS?
A SIX-FIVE.
Q HOW MUCH DID HE TELL YOU HE WEIGHED?
A 220 POUNDS.
Q YOU ARE AWARE MICHAEL JACKSON WEIGHED APPROXIMATELY 136 POUNDS AT THIS TIME OF AUTOPSY?
MR. CHERNOFF: CALLING FOR SPECULATION.
THE COURT: SUSTAINED AS TO THE FORM OF THE QUESTION.
Q BY MR. WALGREN: WERE YOU AWARE HOW MUCH MICHAEL JACKSON WEIGHED AT THE TIME OF AUTOPSY?
A YES.
Q HOW MUCH?
MR. CHERNOFF: OBJECTION. CALLS FOR SPECULATION.
THE COURT: IT WOULD APPEAR TO CALL FOR HEARSAY.
MR. CHERNOFF: AND HEARSAY.
THE COURT: SUSTAINED.
Q BY MR. WALGREN: BUT DR. MURRAY TOLD YOU HE WAS NOT CAPABLE OF MOVING MICHAEL JACKSON OFF THE BED?
MR. CHERNOFF: ASKED AND ANSWERED.
THE COURT: SUSTAINED.
Q BY MR. WALGREN: AT THIS POINT IN TIME, AT THIS POINT IN THE INTERVIEW, DID DR. MURRAY OFFER UP A REASON WHY HE DID NOT CALL THE 911 OPERATOR?
A YES.
Q WHAT DID HE TELL YOU?
A HE SAID HE WAS CARING FOR HIS PATIENT AND DID NOT WANT TO NEGLECT HIM.
Q DID HE INDICATE THAT CALLING THE 911 OPERATOR WOULD BE TO NEGLECT HIS PATIENT?
A YES.
Q HOWEVER, DID HE SAY HE THEN TOOK TIME TO MAKE A PHONE CALL, CORRECT?
MR. CHERNOFF: OBJECTION. LEADING.
THE COURT: SUSTAINED.
Q BY MR. WALGREN: AFTER HE TOLD YOU THAT CALLING 911 WOULD BE TO NEGLECT HIS PATIENT, DID HE TELL YOU HE TOOK TIME TO MAKE A PHONE CALL?
A YES.
Q JUST PRIOR TO MAKING THIS PHONE CALL, DID HE DESCRIBE, IN FACT, THAT HE WAS HOLDING HIS CELL PHONE WHILE DOING ONE-HANDED CHEST COMPRESSIONS?
A YES.
Q WHO DID DR. MURRAY CALL, ACCORDING TO DR. MURRAY?
A HE CALLED BROTHER MICHAEL AMIR WILLIAMS.
Q WHAT DID HE SAY TO MR. WILLIAMS?
A HE TOLD MR. WILLIAMS HE HAD AN EMERGENCY AND TO SEND SECURITY UP TO THE ROOM RIGHT AWAY.
Q NOW, DID YOU ASK HIM WHY, OR DID YOU ASK HIM IF HE ASKED MR. WILLIAMS TO CALL 911?
A YES.
Q WHAT DID DR. MURRAY SAY IN REGARD TO THAT?
A HE SAID THAT HE DID NOT ASK MR. WILLIAMS TO CALL 911 BECAUSE HE WOULD THEN WANT TO KNOW WHAT IT WAS ABOUT, AND HE WAS CARING FOR MR. JACKSON.
Q FOLLOWING THE CALL TO MICHAEL AMIR WILLIAMS, DID DR. MURRAY INDICATE HE CONTINUED WITH CPR AND MOUTH-TO-MOUTH?
A YES.
Q AT SOME POINT, ACCORDING TO DR. MURRAY, DID HE INJECT MICHAEL JACKSON WITH FLUMAZENIL?
A YES.
Q DO YOU RECALL HOW MUCH FLUMAZENIL DR. MURRAY GAVE MICHAEL JACKSON, ACCORDING TO DR. MURRAY?
A YES.
Q HOW MUCH?
A 0.2 MILLIGRAMS.
Q NOW, AT SOME POINT, ACCORDING TO DR. MURRAY, DID HE LEAVE THE ROOM AND GO OUT ONTO THE SECOND LEVEL AREA?
A YES.
Q WHAT DID HE TELL YOU ABOUT THAT?
A DR. MURRAY SAID THAT AFTER A COUPLE MINUTES WHEN NO ONE HAD COME UPSTAIRS, NOBODY FROM SECURITY HAD COME UPSTAIRS, HE LEFT THE PATIENT, WENT OUT TO THE WALKWAY, THE LANDING, MADE A LEFT, WENT DOWN THE STAIRS TO THE KITCHEN, SAW THE CHEF AND TOLD THE CHEF, “I HAVE AN EMERGENCY. SEND SECURITY UP.”
Q AT SOME POINT IN THE INTERVIEW, DID DR. MURRAY ACKNOWLEDGE THE ARRIVAL OF ALBERTO ALVAREZ TO THE ROOM?
A YES.
Q AT THAT POINT, ACCORDING TO DR. MURRAY, WAS MICHAEL JACKSON STILL ON THE BED?
A YES. MR. JACKSON WAS STILL ON THE BED.
Q ACCORDING TO DR. MURRAY, AT SOME POINT DID HE HAVE ALBERTO ALVAREZ CALL 911?
A YES.
Q WAS THAT THE FIRST TIME, ACCORDING TO DR. MURRAY, THAT HE REQUESTED ANYONE TO CALL 911?
MR. CHERNOFF: OBJECTION. LEADING HIS WITNESS.
THE COURT: OVERRULED.
THE WITNESS: YES.
Q BY MR. WALGREN: AT SOME POINT DID THE PARAMEDICS ARRIVE, ACCORDING TO DR. MURRAY?
MR. CHERNOFF: LEADING AS WELL.
THE COURT: OVERRULED.
THE WITNESS: YES.
Q BY MR. WALGREN: NOW, DURING THIS INTERVIEW, AND LET ME ASK YOU, HOW LONG DID THIS INTERVIEW LAST, APPROXIMATELY?
A I BELIEVE IT WAS ABOUT HALF AN HOUR.
Q HALF AN HOUR?
A I BELIEVE SO.
Q HOW MANY PAGES OF TRANSCRIPT DO YOU HAVE?
A 130 SOME ODD.
Q COULD IT HAVE BEEN LONGER THAN THAT?
A YEAH, IT COULD HAVE. MAY I CHECK? MAY I LOOK AT THE TRANSCRIPT TO REFRESH START TIME AND END TIMES?
Q DOES IT REFLECT START TIME AND END TIMES?
A IT DOES.
Q IF THAT WOULD REFRESH YOUR RECOLLECTION.
THE COURT: GO AHEAD, PLEASE.
THE WITNESS: (EXAMINING DOCUMENT) WELL, ACCORDING TO THE TIMES THAT I SAY INTO THE MICROPHONE, IT WOULD BE 20 MINUTES UNLESS I MISSPOKE AND SAID 16:22 INSTEAD OF 17:22 AS AN END TIME.
Q BY MR. WALGREN: AT THE BEGINNING OF THE INTERVIEW, DOES IT NOT SAY IT IS 4:02?
A CORRECT.
Q YOU THINK YOU MAY HAVE STATED THE WRONG TIME?
A CORRECT.
Q IF YOU HAD AUDIO RECORDING, IT WOULD REFLECT THE PRECISE TIME?
A YES.
Q NOW, DURING THIS INTERVIEW, DID DR. MURRAY INDICATE THE NUMBER OF SYRINGES ACCORDING TO HIM THAT HE USED DURING THIS EVENING OF JUNE 25, 2009?
A YES.
Q HOW MANY SYRINGES, ACCORDING TO DR. MURRAY, DID HE USE?
A AT MINIMUM, THREE.
Q NOW, AT SOME POINT DID YOU BEGIN QUESTIONING DR. MURRAY ABOUT WHERE HIS MEDICAL EQUIPMENT OR DRUGS FROM THAT EVENING WERE LOCATED?
A YES.
Q DID YOU ASK HIM TO DESCRIBE VARIOUS BAGS THAT HE USED IN TREATING MICHAEL JACKSON?
A YES.
Q DID YOU SPECIFICALLY ASK HIM WHERE THEY WERE AT THAT TIME? IN OTHER WORDS, AT THE TIME OF YOUR INTERVIEWING HIM ON JUNE 27, 2009, DID YOU ASK HIM WHERE THE BAGS WERE LOCATED?
A YES, I DID.
Q IN RESPONSE TO THAT QUESTION, DID HE SEEM SURPRISED TO YOU?
A YES.
Q WAS THAT AN INDICATION TO YOU HE FELT HE HAD ALREADY RECOVERED THOSE BAGS?
A YES. THAT IS THE IMPRESSION I GOT.
Q DID HE THEN TELL YOU WHERE THE BAGS WERE LOCATED?
A HE DID.
Q WHERE DID HE SAY THEY WERE LOCATED?
A IF YOU LOOK AT PEOPLE’S 9, IN THE BEDROOM CLOSET. THE WALL TO THE LEFT IN THE ROOM IN A CUBBY AT THE TOP OF THE CLOSET. Q DO YOU HAVE THE LASER POINTER THERE. CAN YOU INDICATE? A IN THE BEDROOM CLOSET ALONG THIS WALL (INDICATING).
Q THE WALL THAT WOULD SEPARATE THE BEDROOM AND THE CLOSET, THERE IS CABINETRY THERE?
A YES. CORRECT, ABOVE THE CABINETS THAT HOLD CLOTHING, THERE IS CLOTHES CABINETS AND UP THERE.
Q IS THAT WHERE THE THREE BAGS AS WELL AS THE ZIPLOC BAGGIES WERE SUBSEQUENTLY LOCATED?
A YES.
Q AT ANY POINT DURING THIS INTERVIEW OF DR. MURRAY, DID HE INDICATE THAT HE USED LIDOCAINE AS A, QUOTE UNQUOTE, ANTI-BURN WHEN ADMINISTERING PROPOFOL?
A YES.
Q DID HE EVER GIVE YOU ANY RATIO OR AMOUNT OF LIDOCAINE HE USED IN PROPORTION TO THE PROPOFOL, OR JUST SAY HE DILUTED IT WITH LIDOCAINE?
A HE JUST SAID HE DILUTED IT WITH LIDOCAINE. NO RATIO.
Q IN YOUR INVESTIGATION OF THIS CASE, DID YOU MAKE A REQUEST OF THE DEFENSE FOR PARTICULAR MEDICAL RECORDS AS IT RELATED TO THE TREATMENT OF MICHAEL JACKSON AT THE CAROLWOOD RESIDENCE?
A YES.
Q WERE YOU EVER PROVIDED MEDICAL RECORDS AS IT RELATED TO DR. MURRAY’S TREATMENT OF —
MR. CHERNOFF: RELEVANCE.
Q BY MR. WALGREN: — OF MICHAEL JACKSON —
MR. CHERNOFF: OBJECTION. RELEVANCE.
Q BY MR. WALGREN — AT THE CAROLWOOD RESIDENCE?
THE COURT: JUST A MINUTE. I’M SORRY.
MR. CHERNOFF: OBJECTION. RELEVANCE, JUDGE.
THE COURT: I’LL SUSTAIN THE OBJECTION.
MR. WALGREN: MAY WE APPROACH, YOUR HONOR?
THE COURT: YES.
(THE FOLLOWING PROCEEDINGS WERE HELD AT SIDEBAR:)
MR. WALGREN: THE PEOPLE FEEL IT IS HIGHLY RELEVANT, YOUR HONOR, WHETHER HE MAINTAINED MEDICAL RECORDS AS ANY COMPETENT DOCTOR WOULD. THERE WAS A REQUEST MADE TO PROVIDE MEDICAL RECORDS. AND THE MEDICAL RECORDS THAT WERE FORTHCOMING HAD ACTUALLY NOTHING TO DO WITH THIS TREATMENT IN 2009. AND THE EXPERT WILL TESTIFY TO THE OBLIGATION TO KEEP MEDICAL RECORDS. I THINK IT IS ABSOLUTELY RELEVANT.
MR. CHERNOFF: THIS WITNESS NEVER OBTAINED ANY MEDICAL RECORDS SO HE CAN’T TESTIFY TO THAT. IT IS HEARSAY. WHAT THIS WITNESS CAN TESTIFY TO IS REQUESTS FROM THE DEFENSE COUNSEL. THE MEDICAL RECORDS WERE REQUESTED BY THE CORONER ALONE. THEY WERE GIVEN TO THE CORONER. NOW, WHETHER THEY ARE INADEQUATE OR NOT IS FOR THE CORONER TO TESTIFY TO, NOT THIS WITNESS.
MR. WALGREN: THIS WITNESS ALSO REQUESTED MEDICAL RECORDS.
THE COURT: MEDICAL RECORDS ARE BEING REQUESTED OF DR. MURRAY PERSONALLY, OR OF THE DEFENSE TEAM, OR WHAT?
MR. WALGREN: I MEAN, THEY ARE DOING AN INTERVIEW WITH DR. MURRAY.
MR. CHERNOFF: ACCORDING TO ORLANDO MARTINEZ, HE CALLED ME. HE SAID HE LEFT A MESSAGE AND SCOTT SMITH ON VARIOUS ISSUES. BUT THE MEDICAL RECORDS WERE NEVER REQUESTED FROM DR. MURRAY EXCEPT BY THE CORONER WHO RECEIVED THE MEDICAL RECORDS. IF THEY ARE INSUFFICIENT OR THEY ARE INADEQUATE, OBVIOUSLY THAT IS RELEVANT BUT THIS IS NOT THE WITNESS TO TESTIFY ABOUT THEM.
THE COURT: WELL, I WANT TO KNOW IF ONE OF THE LAPD DETECTIVES SPECIFICALLY ASKED DR. MURRAY.
MR. WALGREN: THE REQUEST WAS MADE THROUGH HIS ATTORNEY. I CAN CLARIFY THAT.
THE COURT: I MEAN, I DON’T KNOW WHAT THAT MEANS IF THE DEFENSE ATTORNEY DOESN’T COMPLY AS OPPOSED TO DR. MURRAY.
MR. WALGREN: THE POINT IS, HE WAS NOT PROVIDING MEDICAL RECORDS. HE REQUESTED THEM. HE WAS NOT PROVIDED THEM. THAT IS THE EXTENT OF THE LINE OF QUESTIONING.
MR. CHERNOFF: IF THE QUESTION IS, DID YOU EVER OBTAIN MEDICAL RECORDS WITH REGARD TO DR. MURRAY’S ANALYSIS, DR. MURRAY’S TREATMENT OF MICHAEL JACKSON AS PART OF YOUR INVESTIGATION, AND HE SAYS, “NO,” I UNDERSTAND HE WOULD KNOW THAT. BUT HE DOESN’T KNOW ABOUT ANY CONVERSATION I HAD WITH DR. MURRAY. HE DIDN’T TALK TO DR. MURRAY SPECIFICALLY. THE MEDICAL RECORDS — THERE WAS NEVER ANY AGREEMENT TO SEND MEDICAL RECORDS. THEY WENT TO THE CORONER’S OFFICE.
THE COURT: I’M SUSTAINING THE OBJECTION. THE ISSUE, ONCE AGAIN, IS IT IS ONE THING IF THERE IS A DIRECT REQUEST OF DR. MURRAY AND THERE WERE NONCOMPLIANCE FOR WHATEVER REASON. IF IT IS BEING PHRASED AS A REQUEST TO THE DEFENSE TEAM, THERE MAY BE A HOST OF REASONS, STRATEGIC AND TACTICAL REASONS, WHY THE DEFENSE TEAM CHOSE NOT TO.
(THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)
THE COURT: SUSTAINED.
Q BY MR. WALGREN: DETECTIVE MARTINEZ, IN YOUR ROLE AS ONE OF LEAD INVESTIGATORS IN THIS CASE, HAVE YOU EVER SEEN MEDICAL RECORDS OF DR. MURRAY PERTAINING SPECIFICALLY TO THE CARE OF MICHAEL JACKSON AT THE CAROLWOOD RESIDENCE IN JUNE 2009, IN THE MONTHS PRECEDING THAT?
A NO.
Q DURING THIS INTERVIEW WITH DR. MURRAY, DID HE EVER MENTION TO YOU IN ANY MANNER THAT HE MADE PHONE CALLS DURING THE EVENING WHEN HE WAS CARING FOR MICHAEL JACKSON?
A NO, HE DID NOT.
Q DID HE EVER MENTION SENDING AN E-MAIL WHILE HE WAS CARING FOR MICHAEL JACKSON?
A NO, HE DID NOT.
Q DID HE EVER MENTION SENDING OR RECEIVING TEXT MESSAGES WHILE HE WAS CARING FOR MICHAEL JACKSON?
A NO, HE DID NOT.
Q AT SOME POINT IN THE INTERVIEW, DID DR. MURRAY INDICATE OR REFERENCE THAT HE HAD REQUESTED AN AUTOPSY BE PERFORMED?
A YES.
Q DID YOU FOLLOW UP THAT INFORMATION WITH DR. RICHELLE COOPER FROM UCLA TO SEE IF THAT WAS A TRUTHFUL STATEMENT?
A I DID.
Q WHAT DID DR. COOPER TELL YOU IN REGARD TO A REQUEST FOR AN AUTOPSY?
A DR. COOPER SAID THAT WOULD BE HER AUTHORITY AND SHE WOULD NOT — SHE DID NOT AND WOULD NOT HAVE ASKED MR. MURRAY TO SIGN A DEATH CERTIFICATE. AND SINCE SHE WAS THE PHYSICIAN IN CHARGE AND DID NOT KNOW THE CAUSE OF DEATH, SHE WANTED AN AUTOPSY.
Q AND THAT WAS HER CALL?
A YES.
MR. WALGREN: THANK YOU. NOTHING FURTHER, YOUR HONOR.
THE COURT: MR. WALGREN, THANK YOU.
CROSS-EXAMINATION.
MR. CHERNOFF: JUST A SECOND, JUDGE, PLEASE.
(DEFENSE TEAM CONFER.)
CROSS-EXAMINATION
BY MR. CHERNOFF:
Q DETECTIVE MARTINEZ, I’M GOING JUMP AROUND A LITTLE BIT BECAUSE I HAVE A LOT TO TALK ABOUT WITH YOU.
A NO PROBLEM, SIR.
Q YOU LEFT OUT A LOT IN THE DISCUSSION YOU HAD WITH DR. MURRAY, DIDN’T YOU? YOU DIDN’T TALK ABOUT EVERYTHING?
A CORRECT.
Q IN FACT, THE CONVERSATION THAT YOU HAD WITH DR. MURRAY WAS TWO HOURS AND 47 MINUTES. DOES THAT SOUND ABOUT RIGHT?
A THE TIME SAID — THE TIME ON THE TRANSCRIPT WAS 20 MINUTES. HOWEVER, IT DID SEEM LIKE IT WAS A MUCH LONGER INTERVIEW. WHEN I LISTENED TO THE AUDIOTAPE, I DID NOT LOOK AT THE START AND END TIME TO SEE EXACTLY HOW LONG, BUT IT WAS A PRETTY LONG INTERVIEW.
Q OKAY. IT IS UNDERSTANDABLE. I WAS THERE WITH YOU.
A YES.
Q IT SEEMED A LOT LONGER TO ME.
A YES.
Q PRIOR TO TESTIFYING TODAY, YOU LOOKED AT YOUR NOTES?
A YES, SIR.
Q DID YOU READ THE TRANSCRIPT?
A YES, I DID.
Q THAT TRANSCRIPT WAS DONE OF THE INTERVIEW. IT WAS WRITTEN DOWN, HOPEFULLY VERBATIM, OF WHAT WAS DISCUSSED IN THE INTERVIEW, AT THE CONVERSATION ON THE 27TH OF JUNE, RIGHT?
A YES, SIR.
Q THAT WAS ACTUALLY PUT TOGETHER BY INTERNAL AFFAIRS?
A CORRECT.
Q BASED ON THE RECORDING THAT YOU MADE OF THAT TRANSCRIPT?
A YES, SIR.
Q DID YOU READ THAT BEFORE TESTIFYING TODAY?
A I DID.
Q ALL RIGHT. WE WILL GET INTO SOME OF THE SPECIFICS ABOUT WHAT YOU TESTIFIED TO WITH REGARD TO THAT CONVERSATION. FIRST, LET’S TALK ABOUT HOW THIS ALL TRANSPIRED. YOU SAID THAT DR. MURRAY’S LAWYER, MR. PENA, CALLED YOU SOMETIME ON FRIDAY; IS THAT RIGHT?
A CORRECT.
Q DID YOU HAPPEN TO CALL DR. MURRAY YOURSELF, OR DID SOMEONE CALL DR. MURRAY AND ASK TO INTERVIEW HIM?
A I CALLED AND TEXTED HIM SEVERAL TIMES, LEFT MESSAGES, BUT NEVER SPOKE WITH HIM.
Q YOU DID THAT ON FRIDAY?
A ON THURSDAY AND FRIDAY.
Q WHEN ON THURSDAY?
A WHEN ON THURSDAY?
Q YES.
A AFTER I GOT HIS PHONE NUMBERS FROM DETECTIVES PORCHE AND BEHNKE, WHICH PROBABLY WOULD HAVE BEEN AROUND 2:00-ISH.
Q 2:00-ISH. ARE YOU SURE ABOUT THAT? DO YOU WANT TO LOOK AT YOUR NOTES AND FIGURE OUT IF THAT IS THE CASE?
A IT WOULD BE AFTER I ARRIVED AT THE HOSPITAL. IF I COULD LOOK AT THE CHRONO, I COULD TELL YOU WHAT TIME I ARRIVED. THE FIRST ONES I ENCOUNTERED WERE BEHNKE AND PORCHE.
Q COULD IT HAVE BEEN LATER?
A COULD HAVE BEEN.
Q LET’S SAY, HYPOTHETICALLY, YOU ARRIVED AT 4:00. LET’S ASSUME YOUR CHRONO SAYS THAT.
A OKAY.
Q YOU KNOW THAT DR. MURRAY WAS STILL AT THE HOSPITAL?
A AS SOON AS I ARRIVED, I SPENT ABOUT – MYSELF AND DETECTIVE SMITH — SPENT ABOUT LESS THAN TEN MINUTES WITH DETECTIVES PORCHE AND BEHNKE. AND THEN WE SPOKE WITH MR. ALVAREZ AND SENT PORCHE AND BEHNKE TO FIND DR. MURRAY FOR US.
Q YOU KNEW DR. MURRAY WAS STILL IN THE HOSPITAL AT THAT TIME WHEN THEY WENT LOOKING FOR HIM?
A THEY WERE UNABLE TO FIND HIM.
Q YOU DO KNOW, RIGHT, THAT THE STATEMENT THAT DR. MURRAY MADE ON THE 27TH OF JUNE WAS HIS SECOND STATEMENT. YOU DO KNOW THAT, RIGHT?
A YES.
Q HE MADE A STATEMENT AT THE HOSPITAL?
A TO DETECTIVES PORCHE AND BEHNKE.
Q IT WASN’T TWO-AND-A-HALF HOURS, BUT HE MADE A STATEMENT TO PORCHE AND BEHNKE, RIGHT?
A YES.
Q AND THERE AT THE HOSPITAL, HE TOLD THEM THAT HE GAVE MICHAEL JACKSON A SEDATIVE?
A I’D HAVE TO LOOK AT THEIR TYPED NOTES.
Q IF THEIR NOTES STATED THAT, YOU WOULD HAVE NO REASON TO DISAGREE WITH THAT?
A CORRECT. I WASN’T PRESENT FOR THAT INTERVIEW.
Q SO WHEN YOU SPOKE TO PORCHE AND BEHNKE AT THE HOSPITAL, DID THEY TELL YOU AT THAT TIME, “DR. MURRAY HAS MADE A STATEMENT”?
A THEY TOLD US THEY HAD SPOKEN WITH HIM BRIEFLY AND THAT WAS IT. THEY WERE NOT HANDLING THE CASE, SO IT WOULD NOT BE THEIR PLACE TO TAKE A STATEMENT.
Q THEY TOLD YOU THEY HAD SPOKEN TO HIM, RIGHT?
A YES, SIR.
Q AND SOME TIME AFTER THAT POINT, LATER IN THE INVESTIGATION AT THE HOSPITAL, YOU CALLED DR. MURRAY YOURSELF?
A CORRECT.
Q DID YOU GET THE OPPORTUNITY TO LEAVE A MESSAGE ON HIS VOICEMAIL, OR WAS HIS VOICEMAIL FULL?
A I LEFT ONE MESSAGE, AND THEN IT FILLED UP. THAT IS WHEN I STARTED TEXT MESSAGING.
Q IT WAS THE VERY NEXT DAY THAT YOU HEARD FROM MICHAEL PENA, RIGHT?
A YES, SIR.
Q YOU KNOW, AND YOU KNEW FROM TALKING TO MR. PENA HERE ON THE PHONE THAT HE WAS IN HOUSTON, TEXAS?
A YES, SIR.
Q IN FACT, DR. MURRAY HAD AN OFFICE IN HOUSTON, TEXAS?
A YES.
Q MICHAEL PENA SAID, “DR. MURRAY WANTS TO TALK TO YOU. HE WANTS TO COME IN AND TALK”?
A YES.
Q “BUT WE HAVE TO FLY IN FROM HOUSTON, TEXAS.” HE TOLD YOU THAT, RIGHT?
A YES, SIR.
Q THAT IS EXACTLY WHAT MICHAEL PENA AND I DID THAT EVENING, FRIDAY EVENING. WE CAME IN THAT EVENING, DIDN’T WE?
A YES.
Q THE NEXT MORNING, MICHAEL PENA CALLED YOU AND SAID, “LET’S MEET AND TALK WITH DR. MURRAY HERE AT THE HOTEL.” HE TOLD THAT YOU, RIGHT?
A YES, SIR.
Q HE TOLD YOU, AS I RECALL, TWO O’CLOCK?
THE COURT: WELL, I DON’T THINK YOU SHOULD BE TESTIFYING, MR. CHERNOFF.
Q BY MR. CHERNOFF: DO YOU REMEMBER HIM SAYING TWO O’CLOCK?
A I DON’T RECALL TWO O’CLOCK. I REMEMBER AGREEING FOR FOUR O’CLOCK. I DON’T RECALL TWO O’CLOCK.
Q WE DID MEET AT 4:00, BUT YOU MOVED IT TO 4:00, DIDN’T YOU?
A I DON’T RECALL THAT, SIR.
Q DO YOU REMEMBER THAT YOU HAD THINGS TO DO AT THE CAROLWOOD ADDRESS. YOU WERE GOING TO BE LATE?
A I DIDN’T RESPOND TO THE CAROLWOOD ADDRESS ON THAT DAY, BUT I DID DO OTHER STUFF RELATED TO THE CASE.
Q NOW, PRIOR TO INTERVIEWING DR. MURRAY, YOU AND SCOTT SMITH HAD BEEN DOING SOME INVESTIGATION. IS THAT FAIR TO SAY?
A YES, SIR.
Q YOU, FOR INSTANCE, HAD ALREADY SPOKEN TO FAHEEM MUHAMMAD?
A YES, SIR.
Q YOU HAD ALREADY SPOKEN TO ALBERTO ALVAREZ?
A YES, SIR.
Q YOU HAD VISITED CAROLWOOD TWICE. ONCE ON THE 25TH, AND ANOTHER ON THE 26TH, RIGHT?
A CORRECT.
Q YOU WALKED THROUGH THE BEDROOMS, RIGHT?
A YES, SIR.
Q YOU SAW SYRINGES, AND YOU KNEW ABOUT BOTTLES AND VIALS AND PILLS THAT WERE COLLECTED, RIGHT?
A YES.
Q SCOTT SMITH ATTENDED THE AUTOPSY ON THE 26TH?
A YES, SIR.
Q SO YOU HAD THE CORONER’S NOTES. YOU HAD ALL THAT INFORMATION FROM THE CORONER, RIGHT?
A I DIDN’T HAVE A COPY OF THEIR NOTES. I JUST HAD NAMES OF THE MEDICINE THEY HAD RECOVERED.
Q YOU KNEW SCOTT SMITH DID ATTEND THE AUTOPSY. DO YOU RECALL THAT?
A YES.
Q YOU HAD SPOKEN TO ROSALIND MUHAMMAD, WHO WAS THE NANNY, RIGHT?
A CORRECT.
Q AND THE PARAMEDICS, ANY OF THE PARAMEDICS OR DOCTORS?
A I BELIEVE WE SPOKE WITH THE HEAD NURSE. I DON’T THINK WE SPOKE WITH THE PARAMEDICS OR THE DOCTORS AT THAT POINT.
Q YOU DO RECALL SPEAKING TO THE HOUSEKEEPERS?
A YES.
Q YOU HAD ALL THIS INFORMATION BEFORE YOU SPOKE TO DR. MURRAY, RIGHT?
A CORRECT.
Q AND DR. MURRAY HAD NONE OF THAT INFORMATION. YOU DIDN’T TELL HIM ABOUT ALL THAT, DID YOU?
A I DID NOT.
Q SO IT WAS YOUR INTERVIEW, RIGHT?
A YES.
Q IT WAS YOUR JOB TO TALK TO DR. MURRAY ABOUT WHAT HAPPENED, RIGHT?
A YES.
Q NOW, ONE OF THE THINGS — AND DURING THE INTERVIEW, DR. MURRAY DIDN’T REFUSE TO ANSWER ANY QUESTIONS, DID HE?
A NO, HE DID NOT.
Q HE NEVER STOPPED THE INTERVIEW AND TURNED TO HIS LAWYER AND HAD TO LEAVE THE ROOM TO DISCUSS WHAT THE QUESTION WAS ABOUT. YOU DON’T REMEMBER ANY OF THAT EVER HAPPENING?
A I DO NOT.
Q WE DIDN’T RUSH YOU IN YOUR QUESTIONING?
A CORRECT.
Q IN FACT, AT THE END, I SAID, “IS THAT ALL YOU WANT TO TALK ABOUT?” REMEMBER? AND YOU SAID, YES, THAT WAS IT, RIGHT?
A I REMEMBER, SIR.
Q YOU CHOSE THE END OF THE INTERVIEW?
A YES.
Q YOU CHOSE THE QUESTIONS THAT WERE GOING TO BE ASKED?
A CORRECT.
Q NOW, YOU SAID IN YOUR DIRECT THAT DR. MURRAY DIDN’T MENTION ANY PHONE CALLS OR E-MAILS THAT HE MIGHT HAVE MADE THAT EVENING. THAT’S RIGHT. THAT’S WHAT YOU SAID, RIGHT?
A OTHER THAN TO MICHAEL AMIR, CORRECT.
Q YOU DIDN’T ASK HIM ANYTHING ABOUT ANY OTHER PHONE CALLS, DID YOU?
A I DID NOT.
Q YOU RECEIVED HIS PHONE LOGS LATER, A WEEK LATER, RIGHT? YOU WANTED HIS CELL PHONE RECORD A WEEK LATER?
A I DON’T REMEMBER HOW LONG LATER, BUT AFTERWARDS WE DID.
Q YOU DIDN’T ASK HIM ABOUT ANY E-MAILS?
A I DID NOT.
Q YOU ARE NOT SUGGESTING, ARE YOU, THAT DR. MURRAY WOULD HAVE LIED IF YOU HAD ASKED HIM. YOU JUST DIDN’T ASK HIM, RIGHT?
A I DID NOT ASK THAT QUESTION.
Q DO YOU RECALL DURING THE INTERVIEW ONE OF THE THINGS THAT YOU TESTIFIED ON DIRECT THAT YOU WERE TALKING ABOUT HOW YOU TRIED TO VERIFY WHETHER DR. MURRAY HAD REQUESTED AN AUTOPSY. DO YOU REMEMBER THAT?
A I REMEMBER THAT.
Q AND YOU DIDN’T SAY YOU VERIFIED OR DIDN’T VERIFY. WHAT YOU SAID IS THAT DR. COOPER SAID, “THAT WAS MY CALL”?
A CORRECT.
Q BUT AT THE TIME OF THE INTERVIEW, YOU ACTUALLY TOLD DR. MURRAY, “YOU KNOW WHAT. THAT’S WHAT THEY SAID AT THE HOSPITAL, THAT YOU REQUESTED AN INTERVIEW”?
MR. WALGREN: MISSTATES THE TESTIMONY.
THE COURT: INTERVIEW OR AUTOPSY?
Q BY MR. CHERNOFF: ISN’T THAT WHAT YOU SAID?
THE COURT: I DON’T KNOW. YOU SAID REQUESTED AN INTERVIEW OR REQUESTED AN AUTOPSY?
MR. CHERNOFF: DID I SAY INTERVIEW?
THE COURT: YES.
MR. CHERNOFF: I’M SORRY. NO, NO.
THE COURT: REASK THE QUESTION, PLEASE.
Q BY MR. CHERNOFF: YOU TOLD DR. MURRAY THAT YOU HAD HEARD THAT HE HAD REQUESTED AN AUTOPSY?
A I BELIEVE I TOLD HIM I HAD HEARD FROM OTHER SOURCES THAT HE HAD REQUESTED AN AUTOPSY.
Q YOU HAVE NO REASON TO BELIEVE, OTHER THAN DR. COOPER, THAT DR. MURRAY — AND THIS IS A DOUBLE NEGATIVE.I KNOW YOU HATE THAT, JUDGE.
THE COURT: THEN DON’T ASK IT.
MR. CHERNOFF: I DON’T KNOW HOW TO ASK THIS.
THE COURT: JUST DIRECTLY.
Q BY MR. CHERNOFF: YOU HAVE NO REASON TO BELIEVE THAT DR. MURRAY DID NOT ASK FOR AN AUTOPSY. YOU DON’T KNOW WHETHER HE ASKED FOR AN AUTOPSY OR NOT, RIGHT?
A WELL, ACCORDING TO DR. COOPER, HE DID NOT. IF YOU WOULD LIKE ME TO EXPLAIN WHO MY OTHER SOURCES ARE.
Q BUT NOT ACCORDING TO OTHER SOURCES, RIGHT?
A WELL —
Q IS THAT A YES OR A NO?
A IT IS NOT A YES OR NO QUESTION BECAUSE THE OTHER SOURCE IS FROM DR. MURRAY’S MOUTH. I KNOW IT DOESN’T MAKE SENSE.
THE COURT: IT DOESN’T AT ALL.
THE WITNESS: MAY I ELABORATE?
THE COURT: MR. CHERNOFF, MAY THE WITNESS EXPLAIN. I HAVE QUADRUPLE NEGATIVES HERE. IT IS VERY DIFFICULT TO COMPREHEND. GO AHEAD.
THE WITNESS: DETECTIVE PORCHE AND BEHNKE. SO MY OTHER SOURCE WAS THE TWO DETECTIVES WHO SPOKE TO DR. MURRAY. SO THAT IS WHAT I MEAN BY IT STILL CAME FROM HIM THAT HE HAD REQUESTED THE AUTOPSY, BUT I HEARD IT FROM THE DETECTIVES, NOT FROM HIS OWN MOUTH. DID YOU UNDERSTAND THAT, YOUR HONOR?
THE COURT: YES.
Q BY MR. CHERNOFF: LET’S TALK ABOUT THE DAYS PRECEDING JUNE 25. ACTUALLY, LET’S TALK ABOUT THE MONTHS PRECEDING. YOU STARTED THE WHOLE DIRECT EXAMINATION OF YOUR TESTIMONY BY STATING THAT MICHAEL AMIR IS THE ONE THAT DR. MURRAY SAID OFFERED HIM A JOB ON THE “THIS IS IT” TOUR, OR CALLED HIM UP ON BEHALF OF MICHAEL. IS THAT WHAT YOU TESTIFIED TO?
A YES.
Q YOU AREN’T LEAVING ANYTHING OUT OF THERE, RIGHT? MAYBE?
A I DON’T THINK SO.
Q DO YOU RECALL THAT DR. MURRAY TOLD YOU ABOUT A PERIOD OF TIME WHEN MICHAEL JACKSON VISITED LAS VEGAS AND CALLED DR. MURRAY, HOPING TO GET HIM TO OBTAIN A DOCTOR FOR HIM. DO YOU REMEMBER THAT CONVERSATION?
A OH, YES, BUT THAT IS NOT ONE OF THE QUESTIONS I WAS ASKED ABOUT. I REMEMBER THAT CONVERSATION.
Q DO YOU REMEMBER THIS DOCTOR THAT MICHAELJACKSON WANTED WAS TO PROVIDE MICHAEL JACKSON PROPOFOL. DO YOU REMEMBER THAT?
A I DO.
Q AND THAT DOCTOR WHO CAME TO THE SCENE TO GIVE MICHAEL JACKSON PROPOFOL MADE MICHAEL JACKSON SO HAPPY, DO YOU RECALL THAT MICHAEL JACKSON OFFERED THEM BOTH A JOB ON THE “THIS IS IT” TOUR?
A YES.
Q THAT DOCTOR’S NAME WAS DR. DAVID ADAMS?
A THAT IS CORRECT.
Q THERE WAS NO, I GUESS, INTERVIEWING BY DR. MURRAY FOR THAT JOB. THAT WAS SOMETHING THAT MICHAEL JACKSON OFFERED HIM AT THAT TIME. THAT IS WHAT DR. MURRAY TOLD YOU, RIGHT? IS THAT WHAT DR. MURRAY TOLD YOU?
A YOU ARE CORRECT. I REMEMBER AFTERWARDS IN THE OFFICE, THAT IS WHEN HE FIRST MENTIONED THE TOUR.THAT IS CORRECT.
Q YOU HAD IMPLIED IN FRONT OF THE JUDGE THAT DR. MURRAY TOOK THIS JOB, OR HE TOLD YOU HE TOOK THIS JOB, BECAUSE HE WAS HIRED TO GIVE PROPOFOL TO MICHAEL JACKSON. IS THAT YOUR IMPLICATION?
A I —
MR. WALGREN: OBJECTION. ARGUMENTATIVE. I’M OBJECTING. ARGUMENTATIVE.
THE COURT: LET’S JUST TONE IT DOWN, PLEASE. THE OBJECTION IS SUSTAINED. THE LAST ANSWER IS STRICKEN.
Q BY MR. CHERNOFF: IN FACT, DR. MURRAY SAID TO YOU THAT HE DID NOT SIGN UP FOR THIS. HE FOUND OUT ABOUT MICHAEL JACKSON’S DESIRE FOR PROPOFOL AFTER THE FACT. THAT’S WHAT HE TOLD YOU?
A CORRECT.
Q YOU LEFT THAT OFF IN YOUR TESTIMONY. WHY?
A I’M JUST ANSWERING QUESTIONS THAT ARE POSED.
Q NOW YOU ARE ANSWERING MINE.
A CORRECT.
Q YOU DO RECALL DR. MURRAY TELLING YOU THAT HE WAS WORRIED ABOUT MICHAEL JACKSON’S USE OF THIS PROPOFOL?
A YES.
Q AND YOU DO RECALL DR. MURRAY SAYING TO YOU, “I NEED TO TRY TO FIND A WAY TO GET HIM OFF OF THIS. THIS WAS NOT NATURAL, WAS NOT NORMAL”?
A YES.
Q YOU DO REMEMBER THAT DR. MURRAY FIRST STARTED PROVIDING MICHAEL JACKSON PROPOFOL BECAUSE MICHAEL JACKSON ASKED FOR IT SPECIFICALLY OVER AND OVER, RIGHT?
A YES.
Q BECAUSE HE WAS FRIGHTENED ABOUT THIS TOUR. HE COULDN’T SLEEP, AND HE NEEDED TO SLEEP. AND FINALLY, DR. MURRAY ACQUIESCED. HE AGREED, RIGHT?
A CAN YOU REPHRASE THE QUESTION.
Q MICHAEL JACKSON CONVINCED DR. MURRAY TO GIVE HIM PROPOFOL. THAT’S WHAT DR. MURRAY TOLD YOU, RIGHT?
A I DON’T REMEMBER HIM SAYING CONVINCED, BUT I KNOW HE ASKED HIM TO GIVE IT TO HIM.
Q DO YOU REMEMBER DR. MURRAY TELLING YOU MICHAEL JACKSON KNEW PROPOFOL?
A YES.
Q HE HAD A NICKNAME FOR PROPOFOL, RIGHT?
A YES.
Q HE CALLED IT HIS MILK?
A RIGHT.
Q HE HAD A NICKNAME FOR LIDOCAINE. DO YOU REMEMBER THAT?
A YES.
Q HE CALLED IT HIS ANTI-BURN, RIGHT?
A CORRECT.
Q HE WAS FAMILIAR WITH IT. YOU KNOW DR. DAVID ADAMS SAID THE SAME THING, RIGHT?
A I KNOW.
Q DR. DAVID ADAMS SAID HE CALLED IT THAT, TOO?
A I DID NOT INTERVIEW DR. DAVID ADAMS.
Q WHO DID?
A SCOTT SMITH, DAN.
Q AND HE KNEW AND MICHAEL JACKSON KNEW ALL ABOUT PROPOFOL, THE USE OF PROPOFOL, THE NICKNAMES. ALL OF THAT WAS BEFORE DR. MURRAY CAME ON THE SCENE?
MR. WALGREN: OBJECTION. CALLS FOR SPECULATION.
Q BY MR. CHERNOFF: ISN’T THAT WHAT DR. MURRAY TOLD YOU?
THE COURT: OVERRULED ON THAT BASIS.
THE WITNESS: YES, THAT’S WHAT HE SAID.
Q BY MR. CHERNOFF: NOW, I WANT TO MAKE SURE WE UNDERSTAND THIS INTERVIEW HAPPENED TWO DAYS AFTER MICHAEL JACKSON’S DEATH, RIGHT?
A YES.
Q IT WAS DURING THIS INTERVIEW AS WELL IN ADDITION TO WHAT WE HAVE BEEN TALKING ABOUT THAT DR. MURRAY TOLD YOU THAT MICHAEL JACKSON OFTEN ASKED IF HE COULD PUSH IN THE PROPOFOL HIMSELF. HE TOLD YOU THAT, RIGHT?
MR. WALGREN: DO WE HAVE A PAGE REFERENCE?
MR. CHERNOFF: OKAY.
THE COURT: TAKE A MOMENT, PLEASE.
MR. CHERNOFF: SURE.
Q PAGE 44 IN THE TRANSCRIPT. DO YOU HAVE THE TRANSCRIPT IN FRONT OF YOU?
A I DO.
Q PAGE 44.
A (EXAMINING DOCUMENT)
THE COURT: THE PEOPLE WANTED THE PAGE. ARE YOU ON IT?
MR. WALGREN: YES. THANK YOU, YOUR HONOR.
THE COURT: SO YOU CAN ASK THE QUESTION, MR. CHERNOFF.
Q BY MR. CHERNOFF: ALL RIGHT. DOES THAT REFRESH YOUR RECOLLECTION?
A YES, IT DOES.
Q MY JACKSON TOLD DR. MURRAY, ACCORDING TO DR. MURRAY, HE LIKED TO PUSH IT IN HIMSELF, RIGHT?
A YES.
Q AND HE TOLD DR. MURRAY THAT OTHER DOCTORS LET HIM DO THAT?
A CORRECT.
Q BUT THAT DR. MURRAY SAID, “I TOLD HIM I WOULDN’T LET HIM DO THAT”?
A CORRECT.
Q THREE DAYS BEFORE MICHAEL JACKSON DIED, DR. MURRAY TOLD YOU THAT HE WAS TRYING TO WEAN MICHAEL JACKSON OFF OF THE DRUG, RIGHT?
A YES.
Q HE TOLD YOU THAT, YOU HAD SAID IN YOUR TESTIMONY, THAT ON THE DAY THAT MICHAEL JACKSON DIED, AND IF I JUMP AROUND, PLEASE FORGIVE ME. I’LL GET BACK THERE. BUT ON THE DAY THAT MICHAEL JACKSON DIED, HE GAVE HALF HIS NORMAL AMOUNT?
A CORRECT.
Q YOU SAID THAT WAS 25 MILLIGRAMS, ACCORDING TO DR. MURRAY, RIGHT?
A ACCORDING TO DR. MURRAY.
Q THAT WAS NOT THE FIRST TIME HE HAS GIVEN HALF THE NORMAL AMOUNT, RIGHT?
A I DON’T RECALL HIM TELLING ME IF THAT WAS THE FIRST TIME.
Q THREE DAYS PRIOR, RIGHT?
A CORRECT.
Q DR. MURRAY TOLD YOU THAT HE TRIED 25 MILLIGRAMS ON THAT DAY?
MR. WALGREN: YOUR HONOR, PAGE REFERENCE?
THE COURT: PLEASE.
Q BY MR. CHERNOFF: DO YOU REMEMBER THAT OR NOT?
A I RECALL HIM SAYING THAT HE HAD GIVEN A LESSER AMOUNT. I DO NOT RECALL HIM SAYING HE HAD GIVEN 25 MILLIGRAMS.
Q AND THE DAY BEFORE THE 25TH, HE GAVE HIM NO PROPOFOL AT ALL?
A CORRECT.
Q DO YOU REMEMBER THAT?
A CORRECT.
Q AND MICHAEL JACKSON SLEPT. THAT IS WHAT DR. TOLD YOU. HE SLEPT THE DAY BEFORE WITHOUT PROPOFOL?
A CORRECT.
Q DR. MURRAY TOLD YOU IT MADE HIM FEEL OPTIMISTIC THAT HE COULD HELP MICHAEL JACKSON. DO YOU REMEMBER THAT CONVERSATION?
A THAT I’D HAVE TO REFRESH MY RECOLLECTION.
Q YOU DO REMEMBER, THOUGH, THE DAY OF THE 25TH, THE MORNING, EARLY MORNING OF THE 25TH, THAT DR. MURRAY AND MICHAEL JACKSON WERE GOING TO ATTEMPT THIS AGAIN. THEY WERE GOING TO TRY TO DO THIS WITHOUT PROPOFOL. DO YOU REMEMBER THAT CONVERSATION?
A YES.
Q AND IT WAS ONLY AFTER REPEATED ATTEMPTS, DR. MURRAY TOLD YOU REPEATED ATTEMPTS WITH LORAZEPAM, RIGHT?
A HE TOLD US HE USED LORAZEPAM.
Q WHICH YOU NOW KNOW WAS FOUND IN MICHAEL JACKSON, RIGHT?
A CORRECT.
Q THAT IS THE TRUTH. LORAZEPAM WAS IN MICHAEL JACKSON, RIGHT?
A YES.
Q HE TOLD YOU HE TRIED MIDAZOLAM, RIGHT?
A YES.
Q WHICH YOU NOW KNOW WAS FOUND IN MICHAEL JACKSON?
A CORRECT.
Q IN A SMALL AMOUNT, BUT IT WAS THERE SOMEWHERE?
A CORRECT.
Q BUT AFTER REPEATED ATTEMPTS, MICHAEL JACKSON WOULDN’T SLEEP. THAT IS WHAT HE TOLD YOU?
A THAT’S WHAT HE TOLD ME.
Q IT WAS MICHAEL JACKSON WHO BEGGED, “PLEASE. I’LL HAVE TO CANCEL MY REHEARSAL. SEVEN DAYS OUT FROM THE TOUR. I DON’T WANT TO CANCEL. I HAVE TO GET SOME SLEEP.” THAT IS WHAT DR. MURRAY TOLD YOU HAPPENED IN THAT BEDROOM, RIGHT?
A YES, MR. JACKSON’S BEDROOM.
Q THEN AND ONLY THEN DID DR. MURRAY PROVIDE THE 25 MILLIGRAMS, RIGHT?
MR. WALGREN: OBJECTION. CALLS FOR SPECULATION.
Q BY MR. CHERNOFF: IS THAT WHAT DR. MURRAY TOLD YOU?
THE COURT: WITH THAT IN MIND, IS THAT WHAT DR. MURRAY TOLD YOU?
THE WITNESS: YES.
Q BY MR. CHERNOFF: AND NOW DR. MURRAY NEVER TOLD YOU THAT HE GAVE MR. JACKSON A DRIP ON THE 25TH, DID HE?
A I BELIEVE THAT WHEN HE WAS EXPLAINING HOW HE DID IT, HE SAID HE WOULD GIVE HIM A SHOT TO PUT HIM UNDER AND USE A DRIP INFUSION. IF YOU LET ME LOOK AT MY NOTES, I’LL TELL YOU THE PAGE NUMBER.
Q I’M MORE INTERESTED IN THE TRANSCRIPT.
A THE NOTES HAVE THE PAGE NUMBER OF THE TRANSCRIPT.
Q OKAY. SURE. GO AHEAD.
A (EXAMINING DOCUMENT) IF YOU LOOK ON PAGE 62, COUNSEL, THE QUESTION I ASKED IS LINES 12 THROUGH 16, AND HIS ANSWER IS 17 THROUGH 20.
Q WHAT HE TOLD YOU IS WHAT HE DID NORMALLY FOR THE 50 DAYS PRIOR TO THAT TIME. THAT HE USED A DRIP, RIGHT? THAT IS WHAT HE NORMALLY DID, RIGHT?
A MY QUESTION TO HIM WAS, “HOW DO YOU DO IT?”
Q AND HE TOLD THAT YOU, “NORMALLY, I GIVE A DRIP AFTER A SHOT OF 50 MILLIGRAMS.” DO YOU REMEMBER THAT CONVERSATION?
A I DON’T SEE “NORMALLY.”
Q LET ME ASK YOU THIS, SINCE YOU HAVE THE TRANSCRIPT IN FRONT OF YOU. IS IT YOUR TESTIMONY TODAY, RIGHT NOW, THAT DR. MURRAY TOLD YOU AT OUR INTERVIEW THAT HE GAVE MICHAEL JACKSON A DRIP OF PROPOFOL ON THE 25TH. IS THAT YOUR TESTIMONY?
A THAT IS THE WAY I RECALL IT, SIR.
Q THAT IS YOUR TESTIMONY TODAY?
A YES.
Q LET ME SHOW YOU DEFENSE C. THIS IS ALREADY MARKED. DID YOU PREPARE THAT DOCUMENT YOURSELF?
A YES, I DID.
Q IN THAT DOCUMENT IS A CHRONOLOGY OF THE DRUGS, RIGHT?
A YES.
Q IS THAT RIGHT?
A CORRECT.
Q IN THAT CHRONOLOGY, YOU ALSO ONCE AGAIN SAID THAT DR. MURRAY SAID HE GAVE A DRIP?
A CORRECT.
Q SO THEN YOU THOUGHT HE SAID THAT, TOO?
A YES, I DID.
Q IN DEFENSE C, IN THIS CHRONOLOGY — I’M SORRY. WHEN WAS THIS CREATED?
A AFTER THE INTERVIEW. IT WAS A CHRONOLOGY THAT I TYPE UP TO GIVE TO THE DEPARTMENT OF CORONER AS TO DR. MURRAY’S STATEMENT OF WHAT HE PROVIDED, TIMES AND AMOUNTS.
Q THAT WAS MY NEXT QUESTION. YOU GAVE IT TO THE CORONER?
A YES.
Q DID YOU GIVE THE CORONER ANYTHING ELSE BESIDES THAT? DID YOU GIVE HIM THE TRANSCRIPT?
A YES, I DID.
Q DO YOU REMEMBER A CONVERSATIONS BEING HAD WITH DR. MURRAY DURING THAT TWO-AND-A-HALF HOURS ABOUT A WITNESSED ARREST, A DEFINITION OF WHAT WITNESSED ARREST WAS?
A NO. ABOUT THE DEFINITION, I DON’T RECALL THAT. I APOLOGIZE.
Q YOU DON’T REMEMBER THAT, OR YOU SAID YOU READ YOUR TRANSCRIPT. IS THERE ANYTHING IN THE TRANSCRIPT ABOUT THAT THAT YOU RECALL?
A I REMEMBER DR. MURRAY SAYING THAT HE BELIEVED THAT IT HAD JUST HAPPENED BECAUSE HE WAS ONLY GONE FOR A COUPLE MINUTES.
Q DO YOU REMEMBER DR. MURRAY TELLING YOU THAT TO THAT EXTENT IT WAS A WITNESSED ARREST?
MR. WALGREN: PAGE AND LINE?
Q BY MR. CHERNOFF: HE WAS ONLY GONE FOR A SHORT PERIOD OF TIME?
MR. WALGREN: MAY I HAVE A PAGE REFERENCE, PLEASE?
THE COURT: PLEASE.
(DEFENSE TEAM CONFER.)
MR. CHERNOFF: PAGE 74.
THE WITNESS: (EXAMINING DOCUMENT) THAT DOES REFRESH MY RECOLLECTION.
Q BY MR. CHERNOFF: YOU RECALL THEN TALKING TO HIM ABOUT WHAT HE CONSIDERS A WITNESSED ARREST?
A A WITNESSED STATE, YES.
Q HE CONSIDERS A WITNESSED ARREST IN THE SENSE THAT HE HAD NOT BEEN GONE FOR A LONG TIME BEFORE HE GOT BACK TO THE BED. NOT THAT HE WATCHED IT OCCUR, RIGHT?
A CORRECT.
MR. CHERNOFF: MAY I HAVE A SECOND, JUDGE?
THE COURT: PLEASE.
(DEFENSE TEAM CONFER.)
MR. CHERNOFF: WE ARE JUST GOING THROUGH THE TRANSCRIPT, JUDGE. I’LL HAVE MR. LOW DO IT TO SPEED THINGS UP.
THE COURT: THANK YOU.
Q BY MR. CHERNOFF: YOU WERE AWARE, ARE YOU, THAT THE CORONER, WHILE YOU WERE DOING AN INVESTIGATION, THE CORONER WAS DOING THEIR OWN INVESTIGATION?
A CORONER’S INVESTIGATOR WERE JOINT. WE WERE SHARING INFORMATION.
Q THEY WERE TALKING TO PEOPLE. THEY WERE TALKING TO DOCTORS. THEY WERE TALKING TO WITNESSES AND SO WERE YOU?
A YES.
Q BY ANY CHANCE, DID YOU HAVE OCCASION TO TALK TO ANY DOCTORS, OR WAS IT JUST THE CORONER THAT DID THAT?
MR. WALGREN: OBJECTION. RELEVANCE. BEYOND THE SCOPE.
THE COURT: SUSTAINED. THAT IS DISCOVERY.
Q BY MR. CHERNOFF: DID YOU HEAR IS MY QUESTION. DID YOU TAKE WHAT DR. MURRAY TOLD YOU ABOUT MICHAEL JACKSON’S PAST HISTORY WITH PROPOFOL, SELF-INJECTING, ALL OF THAT, DID YOU TAKE THAT ANY FURTHER INTO THAT CONVERSATION WITH DR. MURRAY?
MR. WALGREN: OBJECTION.
Q BY MR. CHERNOFF: DID YOU ASK ANYBODY ABOUT THAT WHEN YOU DID YOUR INVESTIGATION?
MR. WALGREN: OBJECTION. RELEVANCE. BEYOND THE SCOPE.
THE COURT: SUSTAINED.
Q BY MR. CHERNOFF: THE SKIN LOTION THAT YOU FOUND, THAT WAS BENOQUIN?
A YES.
Q THE I.V. FOR HYDRATION THAT YOU SAID THAT DR. MURRAY TOLD YOU THAT HE GAVE TO MICHAEL JACKSON, HE ALSO TOLD YOU THAT WHAT HE GAVE HIM WAS SALINE?
A YES.
Q YOU TESTIFIED THAT SPEAKING OF IT BEING YOUR INTERVIEW, YOU SAID YOU ASKED THE DOCTOR IF THERE WERE ANY MEDICAL BAGS OR ANY MEDICAL ITEMS AT THE RESIDENCE, RIGHT?
A CORRECT.
Q AND YOU TESTIFIED THAT ONE OF THE THINGS YOU DID IS YOU WENT BACK TO THE RESIDENCE, BACK TO CAROLWOOD ON THE 29TH TO LOOK FOR THOSE ITEMS. DID YOU GO?
A YES.
Q IT WAS NOT JUST YOU. IT WAS ALSO PEOPLE FROM THE CORONER’S OFFICE?
A CORRECT.
Q SO TWO DAYS AFTER THE FACT, YOU WENT BACK TO CAROLWOOD TO LOOK FOR THE ITEMS THAT DR. MURRAY SAID WERE THERE?
A RIGHT.
THE COURT: TWO DAYS?
MR. CHERNOFF: TWO DAYS.
Q TWO DAYS AFTER THE INTERVIEW, YOU WENT BACK TO LOOK FOR THESE ITEMS?
A ON THE MONDAY AFTER THE SATURDAY.
Q YOU FOUND THE ITEMS, THE EXACT ITEMS THAT DR. MURRAY SAID WERE THERE AT THE RESIDENCE, RIGHT?
A YES.
Q AND IN EXACTLY THE PLACE DR. MURRAY TOLD YOU YOU WOULD FIND THEM, RIGHT?
A YES.
MR. CHERNOFF: I’LL PASS THE WITNESS. WAIT. NEVER MIND. HOLD ON A SECOND. I HAVE A QUESTION HERE.
(DEFENSE TEAM CONFER.)
MR. CHERNOFF: OKAY. THANK YOU, JUDGE.
THE COURT: ANY FURTHER QUESTIONS AT THIS TIME, MR. CHERNOFF?
MR. CHERNOFF: NO, JUDGE. THANK YOU.
THE COURT: REDIRECT EXAM, MR. WALGREN.
MR. WALGREN: VERY BRIEFLY.
REDIRECT EXAMINATION BY MR. WALGREN:
Q DETECTIVE MARTINEZ, MR. CHERNOFF ASKED YOU ABOUT THIS INCIDENT IN, I BELIEVE IT WAS, MARCH OR APRIL OF 2009 IN LAS VEGAS, AS RELAYED BY DR. MURRAY REGARDING DR. ADAMS. DO YOU KNOW WHAT I’M REFERRING TO?
A YES.
Q AND ACCORDING TO DR. MURRAY, AT THE TIME WITH DR. ADAMS, MICHAEL JACKSON WAS GIVEN PROPOFOL; IS THAT CORRECT?
A YES.
Q AND IN WHOSE OFFICE WAS MICHAEL JACKSON KNOWINGLY GIVEN PROPOFOL?
A DR. MURRAY’S OFFICE.
Q DID DR. MURRAY ALSO INDICATE THAT HE ALLOWED HIS OFFICE TO BE USED FOR THAT BECAUSE, AMONG OTHER THINGS, HE HAD A CRASH CART AND NECESSARY MEDICAL EQUIPMENT THERE?
A YES.
Q AND IN REGARD TO THE CAROLWOOD RESIDENCE, DID DR. MURRAY MENTION ANY OTHER MEDICAL EQUIPMENT BEING PRESENT OTHER THAN OXYGEN AND A PULSE OXIMETER?
A HE DID NOT.
MR. WALGREN: THANK YOU. NOTHING FURTHER.
THE COURT: MR. WALGREN, THANK YOU.
RECROSS-EXAM, MR. CHERNOFF?
MR. CHERNOFF: NO. THANK YOU, JUDGE.
THE COURT: THANK YOU. MAY DETECTIVE MARTINEZ STEP DOWN, MR. WALGREN?
MR. WALGREN: YES. THANK YOU, YOUR HONOR.
THE COURT: MR. CHERNOFF?
MR. CHERNOFF: YES. HE IS AVAILABLE AS A WITNESS, IF NECESSARY?
THE COURT: I THINK HE WILL REMAIN SO. DETECTIVE, THANK YOU, SIR. YOU MAY STEP DOWN. MAY I SEE THE ATTORNEYS, PLEASE.