Murray Trial Day 7 October 5, 2011

Sally Hirschberg (SH) Testimony

Prosecutor Walgren Direct

SH states that she is employed with SeaCoast Medical, a medical and pharmaceutical distributor and they sell medical supplies. SH states she is an account rep and she has been employed there for 10 years. SH states that they have an account record of medical order records held by Conrad Murray.

SH states that she holds records for a Conrad Murray on Flamingo Road in Las Vegas. SH states that records reflect a Consuelo Ng, was the account rep that SH worked with who represented Murray. SH states that Murray's account was created in December 2006, and that the address was always the address in Las Vegas. SH states that an order was placed 12/16/08, and then there is a lull in activity until 4/14/09. SH states that prior to 4/09, even though there was no activity, there were phone conversations between she and Connie Ng, with Murray requesting an infusion IV set. SH states that 3/25/09, Murray via Ng requested a case of Safe Site infusion IV sets. SH states that on 3/26/09, the account had a credit card declined, so the infusion set was not shipped. SH states that on 3/31/09, nothing yet had been resolved as far as payment. SH states that with regard to the infusion sets, 24 come in a case.

SH states that on 4/13/09, she spoke to Ng, Ng asked her to send the infusion sets to a residential address in CA, but SH did not agree, it brought up a red flag in her opinion. SH states that on 4/14/09, the invoice shows that the products ordered were a case of sodium chloride solution, a blood pressure cuff, some parts for the blood pressure cuff, components for infusion sets, a tubing device, 20 gauge 1 inch 3 cc syringe needles, IV catheters 25 gauge (50 in a box), transparent dressing a type of bandage, set of syringes 30 cc (40 in pkg), IV catheters, ultrasound equipment, electrode gauze (would attach to EKG machine), alcohol prep pads, gauze sponge, drape sheet (fabric cover that would drape over patient), saline bags (48), sodium chloride bags, and that the order was processed to a credit card belonging to Conrad Murray. SH states that latex gloves, IV components for infusion sets, XL administration sets, exam paper for the bed, exam gloves were also ordered. 

SH states that on 4/16/09, lidocaine 1% 25 of them were shipped. SH states that on 4/21/09, blood pressure cuff and components, medex injection adapters, IV catheters were ordered and shipped on 4/24/09 as well the pump IV set. SH states that on 5/12/09, her records reflect that 25 1% 30 lidocaine, more medex T connectors, a child's blood pressure cuff, tape, tourniquets, more medex catheters, blood pressure cuff for adult, shipped on 5/12/09. SH states that the blood pressure cuff is packaged inside a plastic bag and then in a white box, manufactured by Starline. SH states that alcohol pads, 10 cc syringes (100 in a box), saline bags, 10 cc syringes 22 gauge (100 in a box), hypodermic needles (50 in a box) were ordered.

SH states that on 5/19/09, Murray's order is more infusion connectors, blood pressure device for a child, IV catheters (50 in a box), urine pads, external catheter medium for urine collection, urine collection bags were ordered.

SH states that on June 1, 2009, an ambu-bag, and an airway kit was ordered. SH states that this is the first time an ambu-bag was ever ordered, and that the airway kit price is $2.02 per kit. When asked SH states that the airway kit has six in a package. 

SH states that on 6/15/09, she talked to Ng about urine bags, that Ng wanted a small urine bag, and SH told her she was not aware that small urine bags were made. SH states that she later talked to Ng, who had contacted the manufacturer directly, and that small urine collection bags were not made. SH states that on 6/22/09, Murray's invoice order includes catheters external wide band (small) was backordered and not shipped, urine bags, which were shipped, leg bags for catheters (medium) were ordered but not shipped. SH states that she told Ng that there would be increased cost, as Ng requested the order was shipped overnight. 

SH states that she spoke to Ng on 6/26/09 at 9:26 am PST, and that SH cancelled the order per Ng's request. 

Chernoff Cross

SH states that Murray's company, Global CardioVascular has been doing business with SeaCoast since 2006. 

SH states that it is not unusual for Murray's practice to order lidocaine or infusion pump sets, but not often. SH states that her records go back to July, 2007. SH states that 7/20/07, a horizon pump set was ordered, and it was the same set that was ordered in April 24, 2009. SH states that on October 5, 2007 a horizon pump set, the same set that was ordered on 6/24/08. SH states that just by looking at certain items, she is able to identify them, others she cannot.

SH reaffirms that on April 25, and May 12 a set of IV administrations were ordered, and that there are 50 per case. 

Stephen Marx Testimony

Prosecutor Walgren Direct

SM states that he was employed in the computer forensics lab for the DEA in June, 2009. SM states he had at that time, he had worked there for 5 and a half years. SM states that he is familiar with the iPhone, and that it is basically a mobile computer. SM states that he analyzed Conrad Murray's iPhone.

SM states that he did a forensic analysis on the iPhone on 7/28/09. SM states that he found screenshots on the phone dated 6/25/09, the first screenshot shows that at 7:03 am the phone was viewed for data. SM states that at 9:45 am, the screenshot indicates that the phone was viewed for data. SM states that the screenshot shows that Connie Ng was sending emails to Murray's phone on 6/25/09. SM states he was able to determine the contents of the emails.

SM states that there was an email sent from Connie Ng to Conrad Murray, indicated by a screenshot on CM's iPhone on 6/24/09 at 5:33 pm, and the subject was Omar Arnold - Progress Notes. SM states that the body of the email states "here are his progress notes, please let me know if you can't open it" with attachments. SM states that the attachment is written notes reflecting various dates, 11/19/08, insomnia, anxiety, 12/08, 3/07, with notes attached. SM states that there is a medical record reflected for Omar Arnold, and various handwritten notes, including primary MD Conrad Murray, indicating c/o meaning complained of. SM states that other handwritten medical notes and dates are reflected, including 1/1/07, and the last reflecting handwritten notes but no date mentioned. 

SM states the next email from Connie Ng to Conrad Murray was sent on 6/24/09 at 5:34 pm - Omar Arnold - 2D - Echo. SM states the report date states 1/17/07, another stating 3/26/07 entitled Echocardiograph dated 1/17/07. SM states that the next email is headed MRI Paul Forance, stating that Ng has Forance's MRI results. SM states the next email is regarding another MRI, dated 11/13/07 SM states that the next email is from Connie Ng to Murray, header states Omar Arnold Medication Log, on 6/24/09 at 5:38 pm. 

SM states the Murray's iPhone received an email on 6/25/09 at 5:54 am. SM states that the email that the email had been read. SM states that the email was from Bob Taylor, begins with Hi Conrad, and that the email has a London phone number and a London street address on it. 

SM states that the body of the email is about issues of well being, press reports of the Artist, and issues of full disclosure of an insurance policy forMichael Jackson

SM states that the iPhone reflects that Murray responded to Bob Taylor in the UK on 6/25/09 at 11:17 am, and the body states "Dear Bob, I am in receipt of your email. I spoke with Mr. Jackson and requested release of his medical records in order for you to procure a cancellation policy for his show, however the request was denied. I therefore request that AEG consult with kindly with Mr. Jackson for its relevance because he is under the impression that he is already secured in the US. As far as the statements published by the press, let me say they're all fallacious to the best of my knowledge. Sincerely, Conrad Murray"

SM states that there was a voicemail on the iPhone on 6/20/09 from Frank Dileo. Dileo voicemail is played, and states, "Dr. Murray this is Frank Dileo, Michael's manager, I'm the short guy with no hair. I'm sure you know Michael had an episode last night, he's sick. ...I think you need to get a blood test on him, we gotta see what he's doing.

SM states that there is an app on the iPhone called iTalk, and a recorded at 9:05 am on 5/10/09. Prosecutor Walgren then plays Michael Jacksonwith extremely slurred speech, for a little over 4 minutes. 

Transcript and Audio of the recording

[/B]MJ: Elvis didn't do it. Beatles didn't do it. We have to be phenomenal. When people leave this show, when people leave my show, I want them to say, "I've never seen nothing like this in my life. Go. Go. I've never seen nothing like this. Go. It's amazing. He's the greatest entertainer in the world" I'm taking that money, a million children, children's hospital, the biggest in the world, Michel Jackson's Children's Hospital. Gonna have a movie theatre, game room. Children are depressed. The -- in the hospitals, no game room, no movie theatre. They're sick because they're depressed. Their mind is depressing them. I want to give them that. I care about them, them angels. God wants me to do it. God want me to do it. I'm gonna do it , Conrad.
CM: I know you would
MJ: Don't have enough hope, no more hope. That's the next generation that's gonna save our planet, starting with -- we'll talk about it. United States, Europe. Prague, my babies. They walk around with no mother. They drop them off, they leave -- a psychological degradation of that . They reach out to me -- please take me with you.
CM: Mmnh.mmmnh
MJ : I want to do that for them.
CM: Mmnh mmmnh
MJ: I'm gonna do that for them. That will be remembered more than my performances. My performances will be up there helping my children and always be my dream. I love them. I love them because I didn't have a childhood. I had no childhood. I feel their pain. I feel their hurt. I can deal with it. Heal The World, We Are The World, Will You Be There, The Lost Children. These are the songs I've written because I hurt. You know I hurt.
CM are you okay
MJ I'm asleep


Gourjian Cross

SM states that the recording of Michael Jackson was on May 10, 2009 which is a Sunday. SM states that the email regarding the insurance email was CC'd to several other people, including a John, Paul and a Tim. SM states that a thread of emails, a series of linked communications appeared on Murray's iPhone. SM states that he recognizes Email from Justin Burns to Ian France on 6/22/09, discussing Michael's physical well being, as well as a return email on 6/24/09 discussing insurance health requirements. SM states that there is an email from Paul Gongaware on 6/24/09, it was also sent to Murray, Randy Phillips, etc. discussing a meeting at MJ's house. SM states that an email sent from Bob Taylor to Paul Gongaware, stating that there are concerns with the Artist's (MJ's) insurance. SM states that there is an email from Bob Taylor on 6/25 on 1:54 pm. 

Walgren Redirect

SM states that in order to use iTalk, you need to open it manually. SM states that regarding that within the multiple emails, there is concern about obtaining a five year medical history.

Murray Trial Day 7 October 5 2011

Elissa Fleak Testimony 

Walgren Direct

Fleak states she has worked for the LA County Coroner for 8 years. Fleak states she went to UCLA to examine MJ and the circumstances of his death at 5:20 pm on June 25, 2009. Fleak states she examined MJ and documented his physical condition in a private room at UCLA.

Fleak states that she took the picture of MJ on the gurney, deceased. Fleak states that there were other pictures taken of MJ, but this was the first picture she took (the one that was shown on the first day of testimony). Fleak states that initially there were no obvious causes of death.

Fleak states she took four bottles of blood from MJ and turned them into the coroner's lab for further toxicology testing. Fleak states that at 7:10 pm on 6/25, she went to MJ's Carolwood home. Fleak states that in the bedroom where MJ died, she located a 20 ml bottle of propofol on the floor next to the left side of the bed. Fleak states that she found the propofol bottles under a glass/metal table to the left of the nightstand, which is directly left of the bed. 

Fleak is asked to identify items she found in the bedroom:
- A propofol bottle with few drops of fluid, Fleaks affirms it is the same bottle.
- An empty bottle of flumanezil nearly emptyfound near propofol bottle, Fleak affirms
- Prescription bottles: Diazepam, Lorazepam and Flomax, Fleak affirms
-Diazepam- prescribed to MJ, Murray prescribed to MJ on 6/20, 10 mg tablet
-Flomax - prescribed to MJ, Murray prescribed to MJ on 6/23
-Lorazepam - Murray prescribed on 4/28/09, 2 mg Fleak affirms all prescriptions

Fleak states additional prescriptions were found on the lower shelf of the table. Fleak states she found Trazadone, Flomazepam, and another drug. 
Tizanadine - to Omar Arnold by Arnold Klein, 6/7/09
Flomazepam -to Mick Jackson, 1 mg tablet, Dr. Alan Metzger, 4/18/09
Trazadone -to Mick Jackson, 50 mg tablet, Dr. Alan Metzger 4/18/09
Temazapam -to MJ by Murray, filled 12/22/08
Hydroquinone - Applied Pharmacy name on it
Benoquin - Applied Pharmacy name on it
Lidocaine 4% - Applied Pharmacy, Conrad Murray's name on it

Fleak affirms that all of the above medications were found on the nightstand in the bedroom where MJ died. Fleak states that an ambu bag was found on the floor and an oxygen tanks, one on a rolling dolly, were all found in the room. Fleak states that alcohol prep pads, IV catheters, latex gloves, a 10 cc syringe with no needle attached to it, were also found on a nightstand in the room.

Fleak states that there was an IV catheter underneath the ambu-bag, to the left. Fleak states that she recovered a bottle of Bayer aspirin and other medical items, such as needles and supplies. Fleak states that there was a wooden chair with a jug of urine sitting on it with medical pads sitting next to it. Fleak states that all of the items were recovered on 6/25, except for the IV tubing and bag. Fleak states that she left Carolwood at 8:20 pm on 6/25, and returned on 6/29/09, to search for further medical evidence. 

Fleak identifies that there is a large closet which adjoins the bedroom that MJ died in. Fleak states that she recovered items from the top of the closet area, including various bags, gloves and items. Fleak states a small black bag, a blue Costco bag, light/blue bag, a box of gloves and tubes of various lotion were recovered. Fleak states that the black bag had contents of a blood pressure cuff inside of a manufacturer Starline box. Fleak states that 3 bottles of lidocaine were found, 2 were essentially empty, 1 was half full and found inside the same black bag as the pressure cuff. Fleak states that the Costco bag contained a plastic grocery bag, a pulse oximeter, various items and a cut open saline bag with a 100 ml propofol inside the saline bag, Fleak states that she removed the propofol bottle from the saline bag to photograph them. Fleak states that the empty propofol bottle found within the saline bag was a 20 ml bottle. 

Fleak states a 10 vial of bottle of Lorazepam was found inside the Costco bag. Fleak states that 2 individual bottles, each 10 ml in size, of Midazolam were found inside the Costco bag. Fleak states that a small bloody cotton gauze pad was in the Costco bag. Fleak states that a pulse oximeter was inside the Costco bag as well as a plastic bag with various medical items in it. Fleak states that inside the plastic bag, an IV administration was found, a urinary bag was found, a wide band bag was found, Tegaderm transparent dressing was found, IV catheter empty packaging was found, various alcohol prep pads were found, Tegaderm dressing backings were found, 10 ml disposable syringe with needle packaging was found, 2 individual straps were found, a dark blue and light blue vinyl top were found, a needle or IV catheter top were found, as well as miscellaneous plastic debris were found inside the Costco bag. 

Fleak states that the light blue baby essentials bag contained 2 100 ml propofol bottles which were full, 7 20 ml propofol bottles, 3 were opened with various levels of liquid in them, 3 lidocaine bottle unopened, 2 unopened, 3 10 ml vials Midazolam, 2 unopened, 4 bottles of Flumanezil 5 ml in size, 2 bottles of Lorazepam, 1 unopened, 1 half full, 1 bottle from Applied Pharmacy combination of ephedrine, aspirin and caffeine, Bausch and Lomb eye drops, Medex bag containing IV tubing and syringes, a blue tourniquet, Murray's business cards were all found inside the Costco bag.

Fleak states that on 6/29 she recovered the IV bag and tubing from the Carolwood home. Fleak states that 18 tubes of Benoquin cream were recovered from the cabinet next to the bags already mentioned. Fleak states that she recovered a saline bag on 6/29 that she had observed on 6/25. Fleak states that she recovered IV tubing with a spike at one end, with a roller clamp on 6/29, as well as a Y connector with attached tubing, s capped syringe inside a sharpie container.

(during this time Walgren places all the items on the table for the jury to see) 

Fleak states that on July 1, 2009, she sent a subpoena seeking all relevant medical records of MJ to Ed Chernoff, Murray's attorney. Walgren wants to ask questions about the records Fleak received from Murray via Chernoff. Objection. Sidebar. 

Court is adjourned for the day