Murray Trial Day 23, November 3, 2011
Court starts with Judge Pastor reading the jury instructions.
Judge tells the jurors the evidence that contain medical items will not be in the jury room but it will be brought to them by a bailiff if they ask.
Important points from jury instructions
- Pastor tells the jurors they must follow his instructions about the law even though they might not agree with it.
- Pastor says People need to prove guilt beyond reasonable doubt. He explains that it doesn’t need to eliminate all possible doubt.
- Pastor says what the attorneys say and ask aren’t evidence.
- Pastor says things can be proved by direct or circumstantial evidence. He says they are equal.
- Pastor says if they can come to 2 reasonable conclusions – one showing innocence and the other one showing guilt- they must find the defendant not guilty.
- Pastor says they can find the witness testimony truthful or not – in full or in partial.
- Pastor says people can forget or make mistakes and 2 people can witness the same thing but remember it differently.
- Pastor says in regards to expert witnesses their education, qualifications, the information they relied on while forming their opinion and why they made a certain statement should be considered.
- Pastor says character witness testimony can be considered and can create a reasonable doubt.
- Pastor tells the jurors not to be influenced by the fact that Murray didn’t testify.
- Pastor explains involuntary manslaughter. People claim that Murray did 1) committed a lawful act with criminal negligence and 2) failed to provide a legal duty with criminal negligence.
- Pastor tells that there could be more than one cause of death and it’s required that the actions of Murray must be a substantial factor in causing the death. It doesn’t need to be the only factor.
- Pastor says Michael could have failed to use reasonable care and may have contributed to death. However if Murray’s actions were substantial he’s still responsible for the death.
David Walgren Closing Statement
Walgren starts by thanking the jurors to their services.
Walgren mentions that CM does not need to be the sole cause of MJ’s death; he only needs to be a substantial factor.
Walgren says that CM caused MJ’s death and left Prince, Paris and Blanket without a father. “For Prince, Paris and Blanket this trial will not end today for them it will go on forever”.
Walgren mentions trust and the relationship between a doctor and patient and “do no harm”. Doctor decides what the proper care is for the patient. All the doctors testified said they would never do such thing. Walgren expresses that CM violated that trust between doctor and patient "each and every day."
CM was an employee for money. “MJ trusted CM. He trusted him with his life. He trusted CM with his individual life and the future lives of his children. CM would care for him as he slept so in the morning he could share a meal with his children”. “MJ paid with his life”.
On June 24, 2009 MJ performed at the Staples Center and gave a great performance. He was optimistic and looking for future. 12 short hours later he was laying dead in his bed palms up, had tilted to the side – dead - in his home.
MJ was a 50 year old man anxious about the upcoming tour. MJ wanted to satisfy his fans that have been loyal to him for so long, his family, and his children. MJ was a creative genius who was striving for perfection. He was looking to the future. He was making long term plans for both himself and his children to whom he was so dedicated.
MJ wanted to share his message with the world. He wanted to satisfy his fans. He wanted his children to see him perform.
For MJ his children were paramount. He wanted a house for his children so they wouldn’t be cooped up in a hotel. MJ wanted to do a movie based on Thriller and wanted to direct movies. MJ wanted to open a children's hospital. He wanted to give this to the world. He had plans and hopes and dreams.
The tour would have expanded around the world. He was excited his kids would get to see their dad perform in London. But none of this came to be because on June 25, 2009, MJ just 50 years old was pronounced dead. Paris had to see her dead in that situation and scream “daddy”, Prince was shocked. That’s what CM did to MJ and his kids.
Walgren mentions that CM is charged with IVM and Walgren goes over the law. Walgren says there could still be questions unanswered and they only need to answer 3 questions.
The law recognizes the special relationship between doctor and patient. Doctors have a legal duty of care to their patients and the failure to act on that duty would be IVM. Walgren goes over criminal negligence and causation.
Walgren mentions that the defense’s theory is MJ injected himself with Propofol and caused his death. Walgren says CM is criminally negligent if he could have foreseen what happened. By his own admission, Conrad Murray knew MJ liked to push his own Propofol. He should have never left him alone in a room full of drugs. Walgren says even if true, it was foreseeable.
Walgren says misleading statements can show guilt. Dr. Murray made misleading statements when he failed to tell paramedics and doctors he administered Propofol. That is consciousness of guilt. “That is putting CM first”. Walgren says CM was intentionally giving false statements.
Walgren goes over the background of the case. CM had signed a contract. He was going to get $150,000 a month and housing. CM sent letters to his patients saying he was taking a sabbatical and ceasing practicing medicine “indefinitely”.
Walgren goes over the shipments of medicine and he told jurors that CM ordered more than four gallons of Propofol and had it shipped to his girlfriend's apartment in LA.
Walgren mentions May 10 recording. CM says he realized there was a problem in June but the recording was 1.5 months ago. Murray couldn't bother to keep records ... but had no problem recording a drugged up MJ and then for some reason keeping it.
Even in vulnerable state MJ talks about the future and his desires. He’s talking about a children’s hospital. He has no reason to believe that anyone will hear him; he’s talking about his true feelings and his true desires.
2 days after that recording, CM orders the largest shipment of drugs. Walgren says that they couldn’t find the other propofol bottles with search warrants.
At a meeting in early June, Murray assures everyone MJ is doing just fine. On June 19, 2009, director Kenny Ortega is so concerned about MJ's health and sent him home. Ortega sends an urgent email to Randy Phillips saying MJ is in a bad state. Ortega tried to reach CM but couldn’t. June 20th meeting CM was upset that MJ was sent home. CM insists MJ is doing fine ... lashing out at Ortega for sending MJ home from rehearsal. Murray sternly told Ortega to mind his own business. “Unfortunately, that's what happened”.
On June 21, 2009, MJ was complaining he was half hot and half cold. FM called a nurse who told them MJ needed to go to the hospital.
On June 23 MJ performed at the Staples Center. By all accounts it was a great performance. There was light at the end of the tunnel. MJ's last rehearsal on June 24 was, again, a success. Everyone was excited that the tour was going to finally happen. MJ was particularly excited about the "illusion" that was to be performed the next day. Walgren goes over MJ’s final goodbyes with Ortega and Phillips.
CM’s version of events changed. June 25th he said he witnessed the arrest. After MJ's death an arrangement was made to meet with CM at Marina del Rey. CM was there with his lawyers. At this point, investigators knew very little. The cause of the death had not yet been determined. Detectives were working in the dark. They sat down to listen to Conrad Murray to listen to what he had to say. Detectives did not have medical knowledge. CM told detectives he was giving MJ Propofol. When detectives ask how frequently did this happen? Murray tells them every day. CM admitted he gave MJ 50 mg Propofol injections followed by a drip almost every night for two months.
During his interview, CM told cops he was worried about giving MJ Propofol at 10:00 am because MJ had to be up at noon -- 2 hours later. CM says he agreed to give Propofol when MJ said he didn’t need to get up at noon. This suggests that CM intended to give MJ a drip, because a 25 mg injection would only put someone to sleep for 5 minutes. CM intended to knock him out.
Walgren says CM didn’t call 911 and it’s bizarre and he aimed to protect himself. CM never called 911 because, as he claimed, speaking to an operator would be negligent ... so what does he do instead? He calls Michael Amir Williams and leaves him a message. Setting aside all the other bizarre behavior, all he needed to say was, "Call 911..." but he didn't. CM knew what he did and his actions killed MJ. Walgren says CM intentionally didn’t call 911.
Walgren goes over CM’s phone records and emails. Walgren asks jurors if they believe MJ was paying him $150,000 and awake and complaining and CM was away on the phone. Walgren suggests that CM was able to spend all that time on the phone because MJ was asleep on a drip.
Walgren asks why CM called his female friend Sade Anding at that time. What was so pressing to call her? Sade Anding heard voices in the background at the exact time Murray drops the phone. “Was Conrad Murray in another room? How long was MJ in that condition? Was MJ calling for help? Did he gasp? Did he choke? We don't know ... and we'll never know.”
Alberto Alvarez comes to the home. CM grabs vials of medicine and instructs him to put them in a bag. Only then does CM asks him to call 911. It took 20 + minutes to call 911. FM finds the children crying. Paramedics responded in 4 minutes. They were a mile and a half away. Walgren says CM put himself first and put MJ last. Blount was able to get ventilation quickly but it was too late.
As paramedics transport MJ to the ambulance, Senneff finds Murray is picking stuff off the floor and putting it in a trash bag. Walgren asks the jurors to why? They were trying to get MJ to the hospital but CM was in the room alone picking up stuff. Walgren mentions CM’s cargo pantspockets.
In the hospital doctors ask CM what drugs administered ... again CM never mentioned Propofol. After MJ was pronounced dead, CM is concerned about retrieving a "cream" which he claimed MJ didn't want people to know about. Walgren says CM knows that his bags, drugs, syringes were at the house. CM was not concerned about a cream... he was worried about himself.
Walgren mentions that detectives found the bags because CM told them where they were. Walgren says CM went into this interview assuming the police had found his bags. He came forward for the self preservation of CM. CM thought his bags were discovered. He knew the toxicology report was about to be completed. He came forward to get ahead of the story. Unfortunately his story doesn't match up with the evidence.
Walgren switches to standard of care. “Every single doctor has told you they would never have done what Murray did.”
Propofol should be used in a highly monitored setting. No one had ever heard of anyone using Propofol in a bedroom EVER until CM. There’s no backup. It's an egregious violation of medical care. It's gross criminal negligence. Walgren says the setting is direct cause for MJ’s death.
Propofol is not used for insomnia. The article the defense used is written after MJ’s death.
Walgren mentions the equipment needed and being able to use them. None of the required equipments was there. Again this was criminal negligence.
Walgren goes over the abandonment and the patient should not be left alone because things can happen very quickly. Murray's preoccupation with emails, texts and calls constitute abandonment.
Walgren says benzos contributed. Walgren mentions what White said about variability and that’s why all the precautions was needed because you cannot know how a patient would react.
CM kept record in the previous years but he didn’t do for his last 2 months treatment. CM chose not to keep any medical records because he didn't want his bizarre treatment to be documented.
CM deceived the paramedics and the doctors at UCLA Medical Center.
Walgren says there had been some speculation with scenarios as they had no medical records. Dr. Steven Shafer said the most likely scenario is that Murray gave Jackson a drip. It's based on the evidence such as the propofol shipments, a cut saline bag, Propofol bottle with CM’s finger prints on it and a spike tear. It’s not unusual Murray admitted he did that every night, a 50 mg injection followed by a drip.
Walgren says it was perhaps MJ’s idea to put the bottle in the saline bag to hide it.
Walgren says drip theory explains the blood levels and phone evidence. Walgren says CM was an employee and it’s unrealistic to think that MJ was lying there complaining and CM was ignoring him and being on the phone. MJ wasn't complaining he couldn't fall asleep because he was asleep because CM put him on a drip.
White’s theories of self injection and lorazepam pills happened during not in 2 minutes but during other times of abandonment.
CM's former patients say he was a good doctor. They were all treated in a hospital for heart conditions CM was trained to do. Walgren mentions we didn’t hear from CM’s current patients and how they felt about receiving the letter and feeling abandoned.
Walgren plays defense's own witness Dr. Allan Metzger’s statement that he said there no amount of money would get him to agree to give Propofol in a bedroom. Lee’s statement is played in which she says MJ told him he would be safe as long as he’s monitored by a doctor.
Walgren says there’s no evidence to suggest that MJ seek propofol without a doctor present. MJ was not reckless. He had a life ahead of him. He had 3 children he loved dearly. He wanted Propofol to sleep but he also wanted a doctor monitoring him at all time to be safe.
Walgren mentions that Lorazepam is a controlled substance and it should be kept under lock and key and their usage has to be recorded.
Defense expert Dr. Paul White presented was junk science. It was garbage. It was sad for science and for truth seeking. White has been consistent to blame MJ. When he’s debunked by Dr.Shafer, he goes and picks another theory.
Walgren goes over what White said about the Beagle study under direct and cross. During direct by Flanagan White says it was his idea. During Walgren’s cross he says he had nothing to do anything with it and didn’t study it.
White during testimony said he would not administer Propofol in a home setting, a pulse oximeter without an alarm has no value, he wouldn’t leave a patient that liked to push to Propofol alone and he would have called 911 earlier.
Walgren says White didn’t do the models, didn’t provide any information for the models, he didn’t read the article and he’s not an expert in this area. Walgren says he didn’t research or studied. Walgren says the theories constantly changed.
Walgren mentions the IV tubing is very compact and concealable. Walgren later plays the video of Flanagan asking White if he has another IV line and White pulling one out of his pocket. Walgren says the IV line was concealable.
Walgren mentions the 1988 article was old and the 2002 article confirms Shafer’s theory of IV drip and debunks the defense’s self administration theory.
MJ trusted CM. He trusted him with his life. He paid with his life. CM lied, deceived, obscured but more importantly. CM acted with negligence and he looked out for himself. That's not what a doctor does. CM action directly caused MJ's death. But the People do not need to prove that because all it needs to be proven is that CM is a substantial factor in death. Even if you accept defense's facts CM should still be held responsible.
Walgren ask the jury to find Murray guilty of manslaughter because he abandoned his patient. "Justice demands a guilty verdict," he concluded.
Murray Trial Day 23 , November 3 2011
Ed Chernoff Closing arguments
- Walgren's argument is exactly why we have a jury trial in America.
- Walgren gave bits and pieces of statements from witnesses regarding propofol, rather than the whole context.
- Defense team has never stated that Conrad Murray did not make mistakes. But this case is not a medical board hearing or a civil lawsuit. For a crime to be proven, the prosecution has to show that Conrad Murray actually killed MJ. Prosecution must show criminal negligence, but also the specific act was the cause of death, otherwise this is not a crime.
- What defense believes is that Murray found MJ in distress, at 12 pm. The very first thing Murray did was try to revive MJ. At 11:51 Sade Anding received a phone call from Murray. From Anding's testimony defense believes she listened for about 2 minutes before hanging up. From 11:18 am until 12 noon, Murray was on the phone. If Murray had found MJ anywhere between 11:18 am and noon, the same thing would have happened that Sade Anding reported when she was on the phone with him (Murray would have dropped the phone and tried to revive MJ). Defense states that from 11:18 am to 12 noon, Murray never found MJ not breathing.
- The nature of propofol, is a 10 minute drug. The only way to keep propofol actually working after that is through an IV drip or IV injection. The prosecution spent 6 weeks trying to prove a drip theory, because the evidence proves that Murray injected propofol into MJ's IV prior to him leaving the room. The prosecution wants the jury to convict Conrad Murray for Michael Jackson's actions.
-Alberto Alvarez stated that he has had a hard time finding steady employment since MJ died, and that he was offered $500,000 for his story. Alvarez stated when he first talked to police, all he claimed he did was call 911. But when Alvarez spoke to police in August 2009, he then stated he comforted the children, he hid evidence for Murray and he comforted the children. The story became monumentally more compelling and valuable. Chernoff asks the jury if they honestly believe that Alberto Alvarez, after this trial is over, is not going to cash in on MJ's death story?
-Alvarez stated that he grabbed MJ's legs, Murray got MJ's shoulders and they took him and placed him on the floor. Alvarez stated that Murray asked him to take the IV bag off the stand and that there was a milky substance in the bag, but when tested there was nothing in the bag. Chernoff reminds the jury that the EMT's stated that they found MJ on the floor not the bed.
-The problem with prosecution theory starts with Alvarez inconsistencies, but moves on to Elyssa Fleak, and that she never mentioned a bottle in a bag originally. In the notes that she didn't destroy, there is no mention of a propofol bottle inside a cut IV bag, and there are no photos of it either. Fleak only mentions it 18 months later in testimony.
-Detective Smith, who Chernoff claims is a methodical, consummate professional, took notes of a smaller bottle of Lorazepam with an IV bag inside a bag fromt eh room where MJ died but did not remember seeing a vial of propofol inside a cut IV bag. Chernoff says that the reason Smith never saw it is because it never existed.
-April, 2011: Alvarez is interviewed by LAPD, and draws a picture of the IV bag. Chernoff states that the tubing, the IV bag, insinuating that LAPD coached Alvarez into drawing a bag that was similar to the bags the LAPD had at the interview. Chernoff states that the prosecution's theory was solidified then.
-Chernoff questions Dr. Shafer's testimony: stating that the IV tubing was hung to prove the prosecution's theory that Murray used an IV drip. Chernoff states that the short tubing used for testimony is used for an IV drip, the short tubing that Murray claims he used would be for IV injection. Chernoff states that Shafer testified he was wrong the next day, even though Murray's life is on the line. Chernoff states that the short tubing is proven to be used by Murray from medical records that show Murray ordered the short tubing only, and no long tubing, therefore showing that Murray did in fact, use an injection IV rather than a drip IV.
-Chernoff states that Dr. Shafer is a pharmacokineticist first and an anesthesiologist second. Chernoff stated that the prosecution turned Shafer into a cop, and that Shafer stated what he believed he happened as if it were true, but it's merely opinion.
-Chernoff on Dr. White: White is completely honest and said when needed, I don't have those qualifications to comment on certain testimony, but Shafer never said that. Chernoff states that White knows more about propofol than Shafer will ever, ever know. White just tried to tell the jury the truth, for $11,000. Chernoff states that Shafer gave simulations, one right after another, and none of them have anything to do with the case except for one, and that one is because the defense asked him to do it. Shafer showed a rapid bolus demonstration, when nobody from the defense ever asked him to do that. Shafer worked backwards on his theory (from concentration to dose), and when someone does that, there are a million different outcomes.
-MJ could not have died from what Murray admitted he did (25 mg injection to IV) and Shafer admitted that. Chernoff questions whether Shafer is a scientist or a prosecution advocate.
-Chernoff states that prosecution cannot prove a crime. When Chernoff asked Shafer about oral Lorazepam ingestion, Shafer stated that MJ's stomach held 1/300th of a tablet. Chernoff states that defense knows MJ orally ingested Lorazepam, and that's Shafer's exhibits are nothing representative of any proof, it represents nothing.
-Chernoff states that there are two reasonable scenarios about Lorazepam. First is MJ went into his bathroom and swallowed Lorazepam and Murray didn't know. Chernoff states that if this case were about anyone else, Murray wouldn't be on trial.
-Chernoff states that Murray's patients were willing to come to court and testify in front of cameras for him. People that know Murray believe that he could never have a disregard for human life as prosecution has claimed.
-Chernoff states that if Murray is such a liar, why did he tell LAPD he had been giving MJ propofol for 60 days straight?
-Definition of criminal negligence: prosecution has shown negligence, in many different respects. Three aspects of criminal negligence (as stated on jury instructions) #1 With the act (of propofol in a home), is it the direct cause of MJ's death, and #3, is it the natural probable consequence of the act (the death).
-Chernoff states that it's easy in hindsight to say that Murray is a lousy doctor, but the prosecution witness doctors have never walked in Murray's shoes. It's easy to judge when people have a miniscule amount of compassion, but do not question his motives. Murray's biggest personality defect is his also his greatest strength; he thought he could help MJ, he thought he could help him sleep. But Murray was wrong, he was a little fish in a big dirty pond.
-Chernoff states that Murray had no idea why when he came back in the room, MJ looked like he was dead. Chernoff states that Murray should not have been expected to call 911 first, but to try to revive the patient (MJ) first. Chernoff states that Dr. Steinberg stated that maybe two minutes for revival, after that, it's a felony not to call 911.
-Chernoff states that Murray injected MJ with Flumanezil, runs down and gets Kai Chase, and then says that Chase got Prince I (MJ's oldest son), not Murray.
-Chernoff states that Steinberg stated that Murray performed substandard CPR, but it's based on testimony that the compressions were done on the bed. Chernoff states that compressions with Murray's hand behind MJ's back, and one hand compressing MJ's chest is not a violation of standard of care. Chernoff states that the prosecution stated Murray deviated from care from the standard of care because he did not provide sufficient for MJ, but Chernoff states that an ambubag was on the floor. Chernoff states that every single thing Murray did, the prosecution claimed that it was a deviation from the standard of care.
-Chernoff states that the prosecution brought in MJ's kids to gain sympathy. He states that the prosecution brought in Nicole Alvarez for no reason. He states that the prosecution wants to paint a perfect villain and a perfect victim, but there are neither. Chernoff states that the only reason that the fact that Murray helped with the press release at the time of MJ's death was because the defense brought it into testimony.
-Chernoff states that it is believable that Murray wanted to back to MJ's house from the hospital the day MJ died because his car was there, and it was believable that he wanted to go eat. What is not believable is that Murray wanted to go back to the house to get some cream, that Amir Williams was so disturbed by that, that he locked the house down, but never mentioned it to the police.
-Chernoff plays the voicemail from Frank Dileo to Conrad Murray again (6/19/09 stating that MJ had an episode, he was sick and Murray should get a blood test on MJ)
-Chernoff states that MJ was under tremendous, abnormal, impossible pressure from AEG. Chernoff concedes that giving propofol in the home was not an appropriate thing to do. But Murray gave an uncontrolled substance, not Demerol, to MJ. Chernoff states that when Murray went home, the other life of MJ took over.
-Chernoff repeats Steinberg's testimony that Murray giving propofol to MJ was "like a baby on a countertop". Chernoff states that this was insulting MJ, as if MJ was a baby, couldn't make contracts for himself, couldn't raise his children for himself, because he was just a baby. Chernoff asks if Murray was supposed to watch MJ all the time to save him from himself?
-Chernoff states to take this case away from MJ, in a psych unit, and some patient kills himself, overdoses. If jury is going to hold Murray responsible, don't do it because it's MJ. This is not a reality show, it's reality, and it's how it affects a real person and the people who love him.
David Walgren Rebuttal Closing
-Walgren states that they are not on trial because the victim is MJ.
-Criminal gross negligence, giving propofol, which is known for respiratory depression, as a one man operation, no safety measures, nothing. Bizarre, unethical, unconscionable behavior that has never been seen before, and that is why Murray is on trial.
- Murray's patients who were witnesses had the benefit of a hospital, a team, monitors and were being treated for heart conditions, MJ did not have any of those benefits. MJ was being treated for insomnia that Murray knew nothing about.
-Walgren questions why the witnesses that were called who were Murray's patients were patients from over a decade ago. Walgren questions why none of Murray's current patients were called to testify.
Walgren: "Poor Conrad Murray. Everyone is just working against him." Defense blamed Elyssa Fleak, Alberto Alvarez, Shafer, AEG, Randy Phillips, Michael Amir Williams, Kai Chase. "Poor Conrad Murray." Walgren states that witness Mr. Ruben states that Murray was grieving, Walgren states that is because it's about Murray and nobody else.
Walgren states defense contends that Alvarez and Fleak are lying, Shafer is a cop, Kai Chase failed to get security, and "if allowed more time I'm sure they would find a way to blame Michael's son, Prince." Everyone is to blame except for Conrad Murray, according to defense. If Alvarez wanted to lie, he could have done a lot better than a bizarre story with an IV bag and propofol inside of it. Walgren states defense is claiming it's a conspiracy between LAPD, bodyguards, and others to pin this on Murray. Poor Conrad Murray. Everything Conrad Murray did in his treatment was bizarre. Waited 20 minutes to call 911, bizarre. Gave propofol in home setting for 60 days, bizarre. Lied to EMT's and UCLA doctors about giving propofol, bizarre. Is it surprising that Murray had some usual setup for the saline bag? Walgren states nobody knows, but that MJ was sensitive to getting all of the medical stuff cleaned up each day so the children did not see it. Everything Murray did was bizarre, and none of it was consistent with a trained competent medical doctor, who was putting his patient first.
Walgren states defense blames MJ, that Murray left him alone. MJ sought out propofol to sleep, but only one doctor said yes to administering it. Poor Conrad Murray. MJ is dead. Poor Conrad Murray. Nobody knows what it's like to walk in his shoes. Walgren: "You got that right. Because I haven't seen a doctor in this case that said they would ever do what Conrad Murray did. Ever. Including the defense experts."
Walgren states that defense closing arguments said nothing about Dr. White's testimony because it was junk science. Shafer on the other hand, did this pro bono, and showed true science to show how MJ died.
Walgren states that Murray had a legal duty to provide the standard of care for his patient, MJ. If Murray hadn't have left the room, this wouldn't have happened. If Murray had attached a monitoring system to MJ, this wouldn't have happened. If Murray knew how to effectively revive a patient, this wouldn't have happened. The law says that causation only be a natural and probable consequence. If you administer propofol in a bedroom, a natural and probable consequence is that there could be death. It's a respiratory depressant, it has unpredictable effects as both Shafer and White says, it's dependent on your fasting, how much food you ate, other drugs in the system, how dehydrated you are. It is entirely foreseeable and predicatable that death would occur. White, defense witness stated that if he had a patient that liked to push propofol, he would not leave him alone.
Walgren states that Alvarez could have easily made up easier lies. There's no evidence that Alvarez had any animosity toward Murray, thought he was a good doctor until MJ died. Alvarez nor Fleak have any position in this case, no reason to lie.
Walgren states that Shafer provided all graphs and data to the defense at their request. Shafer told the truth.
Walgren states MJ's fingerprints were not on the syringe. Alvarez fingerprints aren't on the saline bag. Conrad Murray's fingerprint is on the propofol bottle found in the saline bag.
Walgren asks the jury to evaluate the lies Murray told: Murray lied to Ortega, Gongaware, Phillips, Jorrie that MJ was in great health. Murray emailed Bob Taylor in London and lied about MJ's health. MJ lied to EMT's , to UCLA Dr. Cooper and Dr. Nguyen. Murray lied to Tim Lopez, about the propofol being shipped to his clinic rather than Nicole Alvarez apartment. Murray lied when he said he insisted on an autopsy, when he played no role in that whatsoever. Murray lied when he said he got a social group together for the family at UCLA, when it is UCLA protocol. Murray lied when he said he pulled Katherine Jackson aside and asked if there was anything he could do, she asked what happened, and he said he didn't know. Poor Conrad Murray.
Walgren states law is clear about causation. Defense theory does not fit causation. Murray said he knew MJ was dependent on propofol, Murray said MJ liked to push the drug, and Murray was the one who gave MJ the valium, midazolam, lorazepam and the propofol and abandoned Michael Jackson.
Walgren concedes that the People cannot prove exactly what happened behind the doors. But jury knows what happened every night, propofol being shipped, and that MJ died. It was a foreseeable and predictable consequence, and what is unusual is that MJ lived as long as he did receiving propofol in this setting.
Walgren states that if Murray was so concerned, why did he record Michael in his bedroom? This was supposed to be a relationship based on trust, and MJ clearly trusted Murray. Murray brought propofol into the house, administered, abandoned MJ, failed monitoring, failed to call 911, Murray is responsible. Murray is criminally negligent not because this is MJ, but because he behaved in a criminally negligent way. Murray was a substantial factor in MJ's death.
Walgren asks to jury to consider all evidence, and that he trusts that the jury will find that Murray was criminally negligent, because this was a pharmaceutical experiment in a bedroom. Walgren asks the jury to come back with the only right and true verdict in this case, and the only just verdict in this case. Walgren asks that the jury come back with a guilty verdict for the solitary count of involuntary manslaughter based on Murray's actions and his actions alone.