Murray Trial Day 6 October 4 , 2011

Morning Session

Stacey Ruggels (SR) Testimony

Brazil Direct

SR has worked for CM since 1997. June 25. 10:34 AM phone call. She talked to CM for 8.5 minutes. 11:07AM she called CM back. She spoke to him again. 

Chenoff Cross

Defense asks what the conversation was about. SR says she called CM to let CM know that she had sent the email. It was brief call. 

Defense asks if she helped CM to open an office in Houston in 2005. CM wanted to open an office for his father's memory. Her duty was to look for places to open office. They opened the office in July 10, 2006. 

After the Houston office opened he would go every other week - one week Houston one week in Las Vegas.

Type of patients in Houston office are people that are on fixed income and cannot afford to see physicians. Houston was a high volume office, CM saw a lot of patients. CM did not profit from the Houston office, there was very minimal income coming from that office. 

SR learned CM was going to work for MJ April 2009. She was involved with trying get another cardiologist for CM's place. 

Brazil Redirect

Brazil asks how many offices Murray had as of June 2009. CM only had 2 offices in Las Vegas and Houston.

Michelle Bella Testimony

Brazil Direct

Bella met CM in February 2008. She met CM in a Las Vegas club that she was working. CM gave her his phone number. She called CM. CM called her as well. CM sent her text messages and she had sent him text messages. 

June 25th CM sent her a text message. June 16th she received a voice mail from CM. 

Brazil wants to play the June 16 voice mail. Objection. Side Bar. 

Brazil asks if CM told her if he was MJ's doctor. She says yes. CM also mentioned working for MJ on the voice mail. On the voice mail did CM said he hoped to meet with her in the club? She says yes but the answer is stricken.

No defense recross

Sade Anding (SA) Testimony

Brazil Direct 

She lives in Houston Texas and worked as a waitress. CM gave her his phone number when they met Feb 2009. After that first meeting and phonecall they spent time together and communicted by calling each other. They exchanged text messages as well. They maintained regular contact and got to know each other better. 

June 25. CM called her. She was in Houston. The call was 11:51 AM. CM said "Hello it's CM. How are you doing?" She asked "how he was doing?" and said "I haven't talked to you in a while". SA had seen CM in May in Houston and went to dinner. CM said "Well.." and paused. SA said "let me tell you about my day". CM didn't respond. She realized that CM was no longer saying anything on the phone. SA says she realized 5 to 6 minutes into the phone call CM wasn't saying anything back to her. SA said "Hello Hello" she didn't hear anything. SA pressed the phone to her ear and heard mumbling of voices. It was like the phone was in CM's pocket. She also heard coughing. 

She did not recognize who the mumling voice was. She said "hello hello are you there hello" several times. She didn't receive any response from CM. SA hang up the phone can tried to call back and text multiple times but there was no replies. 
SA later learned that MJ was dead. 

Brazil tries to ask about the next phonecall she had with CM after MJ was dead. Objection. Sidebar. 

July 23, 2009. SA's father told her that LAPD detectives was in Houston and wanted to speak with her. SA called CM and talked to him. She told that LAPD detectives wanted to talk to her. CM said "why they are calling you? I'm sorry they are contacting you. I'm going to give you my lawyer's number. Make sure that when you speak to LAPD to have my lawyer present".

Defense Chernoff Cross

Chernoff goes over June 25th phonecall. Chernoff asks if the voices she heard could be CM. SA answers yes. Defense asks how long she was on the phone before she hang up after she realized CM wasn't responding. SA says 3 to 4 minutes. 

Nicole Alvarez (NA) Testimony

Brazil Direct

NA met CM at 2005 in a club at Las Vegas. They exchanged phone numbers and kept in contact. A few months later their relationship became something beyond friendship. She was in a relationship with CM in 2009 and gave birth to a son in March 2009. She had been living in her apartment for 3-4 years. 

CM told her that he was MJ's personal physician in 2008. NA says that she was interested and excited about hearing that CM was MJ's doctor. NA says that she didn't ask questions as she respected CM's profession.

NA says that she met MJ around 2008. She was introduced by CM. CM arranged the meeting as a surprise to NA. She was speechless when she met MJ. She met MJ at his home. At the time she met MJ, he was the only patient of CM's that she met. NA says after MJ's death she met some of CM's patient in Houston. 

NA says she accompanied CM to MJ's residence 2-3 times. MJ wanted to see her son. She went to MJ's residence after March 2009. 

NA knew that CM had practices Las Vegas and Houston. NA says CM didn't mention having a medical practice in California.

NA says that she still lives with CM. CM in 2009 was living in her residence and was paying her rent of $2500 and provided financial support. 
NA says she's an actress. Brazil asks where NA was working in May and June 2009. NA says she was maintaining her instrument (herself), going on casting calls, auditioning and refining her craft. 

April 2009. CM was living with NA but not on full time basis. CM was maintaining his practices and knew that CM was MJ's personal physician. CM would leave at night time to go to MJ. NA knew that CM was working for MJ, she didn't know at what capacity. 

CM's routine. CM would leave around 9 PM and return in the morning sometimes it would be early morning (6-7 AM) and later he started to come around 8-9-10 AM. CM would go very frequently with a few off days.

May 2009. CM's activities would be similar to the April 2009. NA at times called CM while he was working MJ , she says the calls were brief. 
June 2009 CM's schedule was similar. NA knew that MJ getting ready for his concert tour. NA didn't ask CM about the show and rehearsals because she thought she would see the show as she would be accompanying CM to London. She learned they would be going to London in March 2009. 

NA wasn't aware of the negotiation details but she knew that they were arranging places for them to live. NA says that she don't recall reveiving CM's contract through fax. Brazil reminds her about her preliminary hearing in which she said she saw the AEG contract. NA says she never read the details. Brazil goes over the preliminary hearing testimony and readsthat NA received a fax and looked to the contract and she looked and knew that CM would be paid $150,000. NA says as of now she doesn't recall that moment. NA says that if she said that's what happened then it's true. 

NA didn't know when they were going to London. NA knew that they would be gone until November. 

mid morning break 

Direct continued

April, May, June CM was living with NA's apartment and was providing care to MJ. At the same time packages addressed to CM were being delivering to her house. CM would tell her that he's expecting packages. CM didn't tell her what was in the packages. NA says she didn't know what the packages contained. NA says she didn't open the packages. NA signed for the packages. CM also received mail at her address. Some packages was left at her door and sometimes they were left in the common area. NA would make sure that CM knew that he had a package. 

Brazil enters Fedex receipts into evidence dated April 8th, April 29th, May 1st, May 13th, May 15th, June 11 and June 16th. 

June 25th. 1:08 PM. CM called NA's home number. CM told her he was on the way to the hospital with MJ. CM didn't want her to be alarmed. She received phonecalls from CM in the late afternoon. CM came to her house in the late afternoon. 

No defense cross

Tim Lopez (TL) Testimony

Brazil Direct

Tim Lopez owner and pharmacist of Applied Pharmacy. Applied pharmacy is a specialized pharmacy that made compounds. 

TL received a phone call from CM at November 2008. CM told that he had patient having Vitiligo and needed Benoquine. TL needed to look to the raw materials to see if he can make the Benoquine. TL told CM he would look into it and let him know. During their office move TL lost CM's information and didn't call him back. 

March 2009. TL received a phonecall from CM. CM asked why TL didn't call him back. TL told him that they were in the middle of the move and lost his phone number. TL got his contact information again and promised that he would keep in touch. 

TL looked for the compounds to create Benoquine. CM asked what strentgh TL could make the cream, he said he can make the standard 20% strength. TL said they can make 40 of 30gr tubes. CM placed an order. CM was also told about preordering and he needed to pay up front. CM said he had many African American patients that suffer from Vitiligo and this was a trial basis to see how the medicine worked. CM told he had multiple clinics and would use the cream overseas as well. CM would have come to TL's office to pick it up and pay with a company check for $1,200 

CM provided TL with his medical office in Las Vegas and he told him his DEA licence number and his medical license number. TL verified CM's medical license and DEA number. 

TL says as the cream was asked for a "trial basis" and under doctor control he didn't need to know the patient's name. TL says he would need to know the name of the patient once they are prescribed the cream for home use. 

When CM came to pick up the cream, he discussed if the cream could be delievered to his office. TL said they could. TL also said they needed to have credit card on account for future orders. CM gave him his credit card number. 

April 2009. CM called TL and said he was happy with the cream. CM asked if the pharmacy was able to order other stuff for his offices. CM asked him to find pricing and availability of normal saline IV bags and Propofol. 

TL says he didn't sell Propofol before CM asked him about him. CM wanted 100ml and 20ml sizes. TL found out the pricing information for Propofol. CM placed an order on April 6th on the phone. 10 bottles of 100ml Propofol and 25 bottles of 20ml Propofol.

The first shipment was sent to CM's Vegas office. CM removed some items and asked if the rest can be shipped to his office in LA. 

April 28 order. 40 bottles of 100ml Propofol and 25 bottles of 20ml Propofol. 

Lunch Break


Afternoon Session 

Brazil Direct Continued

April 30. CM inquired about availability of Lorazepam and Midazolam in injectible form. Lorazepam is also available in a pill format. 10 vials of 10ml Lorazepam, 20 vials of 2ml Midazolam.

First 2 weeks of May. TL discussed several items with CM. CM had a concern with the base of Benoquin, wanted it to be less greasy. TL said he could do several formulas. CM also asked if it could be done in a larger packaging size. CM wanted packaging to look better. 

CM wanted energy formulations for boost. CM didn't want any narcotics or prescription drugs , he wanted natural products. CM said this was for wakefulness and energy. TL said he would look into it. 

CM said his patients were complaining about injection site pain. CM wanted a topical anesthetic that only had lidocaine cream in it. TL did a mix for him that had 2% Lidocaine. Such creams are rub onto the skin before injecting a needle. 

May 12 receipt. 40 vials of 100ml Propofol. 25 vials of 20ml Propofol. 20 vials of 2ml Midazolam. 10 vials of 0.5 ml Flumazenil . Lidocaine cream 30 gr. 

May 14. TL talked with CM about Lidocaine cream. CM wasn't getting the desired responde with thr 4% cream and wanted him to increase the strenght to 4 %. CM asked about the energy formulation. TL suggested several items to CM and agreed to do more research on it. TL also said that he would change the base of the Benoquin cream and would send CM 3 samples and CM would determine which one he liked better. CM asked TL about Hydroquinone cream (used for Vitiligo) and CM was interested in receiving a sample.

TL was driving to LA airport that weekend. Rather than charging CM delivery fees, TL offerred to drive the items to CM's office in LA. CM said there was no need for it and he can just ship them as he always does.

May 14 order. Lidocaine cream 4%.

June 1. TL had another talk about energy formulations. CM requested TL send some samples so that he can try them. TL shipped these items with June 10 order. 

June 10. 25 vials 30ml Lidocaine . 40 vials of 100ml Propofol . 50 vials of 20ml Propofol. Hydroquinone 60 gr 20 tubes. Benoquin 60 gr 20 tubes. 

June 15. CM said he was happy with the energy formulation. 10 vials 10ml Lorazepam , 20 vials 2 ml Midazolam . Saline IV 1000ml 12 bags. 
CM never told him tha he was the doctor for MJ. CM never mentioned any name of his patients. 

June 23 -24. TL talked with CM on the phone. There was a lot of background noise and he couldn't understand what CM said. TL said he would call him back. TL didn't call CM. On June 25 he learned that MJ died. 

Brazil asks total number of Propofol bottles. 255 bottles of Propofol. 20 vials of Lorazepam. 60 vials of Midazolam. 

Gourjian cross

TL put in the DEA number in their system. There was no red flags. CM was authorized to make these orders. 

Benoquin is not controlled substance. Propofol is not controlled substance. 

Gourjian asks if there's a regulation that says he could only ship to clinics and/or hospitals. TL says he doesn't know any regulations. 

Gourjian tries to ask what TL's delivery person said about CM (all positive and nice things). It's is sustained as it's hearsay. 

Gourjian asks if the medicines are for an office use, they won't disclose the patient names when ordering. TL says yes as they wouldn't know who the patient will be. Gourjian asks if this will also apply to high profile patients.

Brazil redirect

Talks about confidentiality. Asks if a physican tells the patient's identity if TL would keep it private. TL says yes.

Court ends early due to some scheduling issues