Jan 07 2011

Murray Pretrial Hearings – 01/07/2011

Seven @ 4:51 pm

Day 4: 01/07/2011

MORNING:

SOURCE: http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-4-part-i.html

NOTE from Sprocket at T & T:

This is an unedited, DRAFT entry. I’ve posted this without edit to give you news as quickly as possible, so please understand there are typos and could be some information that is not as clear as the MSM reports, or 100% accurate. – Sprocket

9:25 am starting early.

Detective Yers:

Cross by Ed Chernoff:

Talk about when this whole case erupted. This detective was out of town. Obj beyond scope. sust.
What day did you come back from out of town overruled.

June 29th, actually returned ??? My partner, Det. Smith…

He came back after first two rips back to Carolwood… obj sustained.
What documents Det Meyrs have you reviewed? did you revei documents did you review nottes, what documents did you review. Obj beyond scope.

Did you have a chance to review documents befofe you testified. Yes.

I continue to update myself with all aspects of the case. I refresh my memory
You also review you notes? Yes. And witness statements you typed up yourself? yes
Were you present when the carolwood house was searched?
Obj beyond scope sustained.
Chernoff is showing documents, showing deense C D E F

Brazil has an objection to documents. These documents do not related to the scope to his testimony yesterday. Explans to Judge. Prosecution is still objecting about the documents.

PIO Pat Kelly arrives.

Still arguing whether or not these documents can be shown to the detective. They are market to be identified, C D E F…but that’s it for now.

They continue to argue. Pros Mentions over 7,000 pages of discovery.

Sustain objection. on relevance 352.

On part of your investigation have your prepared any documents of a chronology of events. yes. Was it a chronology or a time line. I’ve prepared various documents.

Have you prepared what would be termed a timeline of events including hone calls. You’ll have to be more specific counselor as to your events.

Chernoff. asks did you prepare this document. (Def D) Yes, I had input on that timeline.

Defense E… Brazil objects to the three page document.

JP We can move on.

Chernoff can show the detective this document.

Did you have any input in the author of that timeline? Yes.

Referring to Def E, do you know when you had input into that timeline? This would be every early on in the investigation. I can’t say precisely but the first week or two

How about Def D. I believe this was sometime later. I dont’ have an actual recollection.

1 month 2 months later. I don’t know.

Was the processing from Def D of E, was that in related to your investigation. As far as Def E, I think I may have authored it. and only on Def D I had input (??)

Det. Smith and Maritnez has already interviewed witnesses at the house? obj scope.

What was your reason in this investigation? Were there assignments? Same obj your honor.

Obj. beyond scope.
JP: Det. Meyer is being called for only a small scope and not a general purpose.

Were you in charge of the investigation.? No.

Was there a detective who was in charge of making assigning responsibilities? (I miss the name of the commander I think he states.)

Mentions the detectives…. “It was a collective effort.”

Did Det. Smith make any of these phone calls?

Well, there was more than just phone calls. (Q? A?)

Did Det Smith or Martinez interview any of those individuals that we heard about yesterday. obj relevance?sust

We looked at a series of phone calls, and you explained some of the numbers and people that were attache, And these were all the phone calls that we made on the morning of the 25th? Yes.

Did anyone else investigate that activity, other than you? Obj. Relevance sust.
Is the info you provide is complete and total? Objection vague. Sustained. Refine question.

Was there a phone call made on June 25th that you did not investiate? “A range?” Myers asks.
You investigation did go no further than the mid afternoon for June 25? No.

Was five more phone calls, was it two hours more? Was it up to midnight? How far did you investigate phone calls? How long a period of time? Obj. sustained.
JP Refine please.

Chernoff, lists calls he testified about. And you investigated phone calls AFTER that time frame?

Answer: It was? Confusion.
Objection vague. overruled.
Thres’ been investigation into those other hone calls.
Asks about the notes for tose phone calls. Obj out of scope sust.
sust ained.

Chernoff is trying to get more information. Apologizes to judge and says he wil move on.

Pastor

Mr. Low has to leave for another responsibilit.

Chernoff asks if he interviewed any people involved in those phone calls . Meyers did take to people but is not sure if it was on the first or second trip to texas.

He did speak to Saday Andie. (interview)
Obje sustained. JP We have a problem I think we need to move on.

Saday Andie was one of the people that he talked to and that she was the phone call of 11:51. Yes. Misstates. The call was to mis Andie not from.
And this is the persn ou interviewd her in Texas. yes.
And have you interviewed her again. yes.
When? last night.

Brazik no redirect.
People call Shaday Andie.

# 12 Sade Anding:

In feb 2009 where employed Sullivan Steak house. Where? (Tx?)

She was a coctail waitnress. I ws there for six months at that time six eight months.

Describe the steak house. Which part did you work as relevance. sustained.

Restaurant or lounge? obje sustained.

While working as a cocktail waitress, did you meet someone who identifed hiself as conrand Murray. Yes. doy u see him. Identifies the witness.

Do you recall when it was you first met Conrad Murray. What month. It was after valentines day. I just know I had starteed there two three months.

So the latter portion of Feb or the beginning of March? Yes.

How did you meet ? obj overrulled.

Met him at the restaurant?

obje sustained

When yo met Conrad Murray at sulliv was he working there. or.????

She met him at the restaurant.

Did your first meeting with at the restaurant. stand out in your mind Obj sustained Was there something unusual about yoru meeting.

Obj vague. JP do you have an offer of proof? EC: I do your honor. Approach the bench.

Still at bench.

Just like the prosecution was trying to prevent the defense from asking questions of Detective Myers, the defense is trying to prevent the prosecution from asking questions of Ms. Anding.

It’s 10 am and we wait. This is a long sidebar. OVerrulled!
From that first meeting w Dr. Murray did you see him with some freuency. obj sust.

When you first meet him did you see him on other occasions.
Did Dr. Murray referr to you as his girlfriend.
Were you Conrad M girifriend. ?

Obj.

Yes.
Ms. Anding, in June 2009, was your telephone number 837 366 3832? Yes.
On June 25th 2009 did you rec a phone call from conrad m yes.
What time was it your time in houston when Dr. I know it was 12 30 about
It was in the afternoon yes.
you were on your way out? sust.
did Drm telephoen you on your cell hone residenc or land line ? cell phone.
What didhe say when he first spoke
He told me he it was conrad he sahd hi and how are you.
Did you recongnie his voice.yes.
He identifed himself and ask you how hou were.
did he tell you how he was doing.
He told me I was doing well, then I cut him off and I started talking.
I sid, well, let me tell you about my day.
she basicall interrupted him.

Just taked about how doiwn and that I had a job. (cant hear her at all!)

Before that time Id seen him was in May. what day? May 23rd.
In was (Hourston)

So you interrput Drm and start chatting about your day and goin on in your life. yes.
I had heard another phone go off?
then mumbling voies and then the phone cut off.?

I do NOT have this correct.

For a while into the conversation, you realized that he wasn’t there because he wasn’t saying anything to you (five minutes????)
obj sustained.
Do you kave any way of nowing when he stopped listeing to you? NO.
Did you ever sy anything specific when you relaized that he wasn’t saying anything?

“Just, helo helo hello are you there are you there (but she didn’t get any response back from Dr. Murray.)

When you heard hte mumbling on the other end, did you recognize the voice? (as Dr. M?) No.

You said you tried to call Dr. Murrays phone bakc and you got response and you got no response back? was that unusual? Yes.

Last time I talked to Dr. Murray ws when LAPD came to my house.
It was sometime in 2009.

She was attending an event when the police came in houston? Yes.

Did you go to a sporting event? Yes. A baseball game.

At some time did you learn that police that wanted to speak to you. I called Conrad Murray and told him that the police came to my house.

He said that he was sorry to have put me in that position.

He made a request for her to call an attorney afterword.

Asked if she poke to Dr. Murray’s atty the next day obj sustained

Mr. Chernoff.

Ms Anding how are you when did you get to LA did you fly yourself in.

(No.)

She flew into LA on County dime, spent the night last night and will fly out today.

Was there anything else that you told Ms. Barazil today that you did not say previously?

No.

That’s it.

Bridget Morgan. next witness.

Chernoff: This is Mr. Low’s witness and he walked away with all our stuff.

JP: We were notified about Mr. Low’s other commitment.

JP TIME OUT! (attorneys were arguing about notification I think Walgren keeps saying, I called you) Do we know if Mr. Low can be called back.

JP: Let’s take 15 minutes.

12:06 pm

I’m in the cafeteria, wolfing down my lunch before I do some editing then posting the testimony of the last three witnesses, the last being Nicole Alavrez. I don’t think I’ve heard as many “I don’t recall” answers in my life!

Continuation of morning session:

#13 BRIDGETTE MORGAN:

Brazil direct

Do you recognize Conrad Murray? Yes. Identifies the witness.

Ms. Morgan, when did you first meet Dr. Murray? In 2003.

Where? At a club. (snip) Developed a social relationship with him.

Ms. Morgan, I ask you what your telephone number was in June 2009? Exhibit 20 on ELMO. 310 xxx 5868 (not sure if this is right)

Brazil points out phone number and agrees that’s it.

Did you call Conrad Murray on June 25th? Yes.

Did you actually speak to Dr. Murray when you made that call to him? No.

#14 NICOLE ALVAREZ:

Sidebar at bench.

Someone, an attorney for Alvarez introduced.

She looks like she might be from the Dominican Republic.

Identifies Dr. Murray for the record.

When did you first meet. I don’t recall exactly, around 2005. Met him in Las Vegas.
Specifically ? I met him in a club.
Were you employed at the club? Yes I was.
What position? obj sust.
When you met Conrad Murray in the club, was he a guest, or was he an employee. I believe from my understanding he was a guest.

When you met Dr Murray, did he introudce himself or did you introduce yourself? Or was ther some othe way? I don’t recall exactly how that came about.

After you met him the first time, did you maintain contact with him via phone or in person. YES
did you give him your phone number when you met him at the club I don’t recall exactly.

When you met him where were you living at the time Los Angeles.

Did you communte from LA to Las V. to your job Yes.

Developed an intimate relationship. When? I don’t recall exactly.

How long after you met did you start an personal relationship with him? Quite some time had past. I can’t recall how long. It’s something that developed over time.

Over tha time, would you see him in person? At times. Not all times.
Did that relationship develop in Las Vegas? Yes. Did it also develop in Los Angeles. ….es.

Your present addres since 2005 haalwasy live in Los angels. Yes.

Would it be correct to sy you were invovled in a personal relationship on 2009? I assume so yes.

2007? I can’t recall.

When you delveloped this relationship, did he inform you that he was still married?
At some point during the relationship did you find out that

Obj sustained.

during months of april, may, june of 2009, was Dr. Murray living at your residence? Can you clarify the question please?

Lest start with april 2009? was CM living at your residence? I’m trying to answer accurately. I wouldn’t describe it as permanent residence.

How would you describe it? I would assume in Las Vegas.

How

Do you have a son with dr Murray? Yes. Born in March, 2009.

In April 2009, how much time was Dr. Murray was spending in LA? I don’t recall how much time. One night a month? No. It was quite frequent.

One week? at times.

Two weeks? At times.

Three weeks? I’m not comfortable with three weeks.

I think you’re asking me to give you an example, correct?

I’m asking you how freqently Dr. Murray was staying at your residence?

I think it’s fair to say that he was staying 2 weeks out of the month.

When he was not there, where did he stay.? I do not know.

When he left your house you didn’t know where he stayed?

Questions about her just giving birth, in April, and
She is fighting answering every question. I can’t keep up.

When I mentioned two weeks, it wasn’t two consecutive weeks. So I can not say that I saw him consecutively for two weeks every single day.

So he would come, (during april,) Dr M would stay overnight 2-3-4 days at a time, go someplace else you’re not shure where, and then he would return and stay again.

A: That sounds about right. 2-3 days but not 3-4 days.

Well, I don’t have expectations of Dr. Murrya, so that’s fair to say.

That’s just a reule that i live by.

When Dr. M would spend 2-3 days with you, would you let you know that we would be away from you and your son for a period of time. obj 252 sustained.

During Month of April, 2009, you would not know if Dr Murray would be at your house

Could you repeat the question.

You were not sure from one day to the next you were not sure if Dr M would be there from one day to the next.? Can you repeat the question?

JP: You’ve got to pay attention.

Ms. Alv, according to your memory Dr, M would spend a few days at your residence and come back. Correct.

Did you have any idea if you knew when he would be there or away from your residence. I would not have an idea.

In May of 2009, did dr M maintain the same type of schedule, as in April
That’s fair to say.”

Did Dr M spend the same amount of time in Mas as in April as to the same stretch of time. (Yes.)

In June of 2009, did (maintain the same amount of time,… That’s fair to say.

In May, did he tell you when he would be returning? No.

In June (same question. No..

During that time, would you be in telephone contact iwth him. ? would he let you know where he was Yes, Yes.

But you spoke with him every day. I never said I spoke to him every day.

more questions I miss.

What month in 2009, would you say that Dr Murray spent the most amount of time in LA wiht you. I’d say, June of 2009.

Did Dr M spend more time at your residence in June than in May? Brazil mentions her child…. Not June, but in March, he started to spend more time in LA than before.

Was he paying your rent in March 2009? (I don’t get answer) It was around 2,500 per month. (Not positive about that amount.)

He wasn’t responsible for my rent. Everything was in my name. I was responsible for my rent. If he wanted to help me that was up to him.

He helped her at times but, she was working as an actress, shooting various projects.

At that time, I was working more than ever.

During March of 2009, was Dr. Murray working with Mr. Jackson as his personal physician? March, 2009, I can’t recall exactly.

When did you become aware that he was working for Mr. Jackson? I can’t recall exactly.

Were your pregnant with your son? Noooooo, I was not pregnant.

She learned prior to the time she got pregnant. Actually, I learned way before I got pregnant. I can’t remember an exact date.

Can you give me a year? If I back track by month, it was very early on when she was pregnant. 1 month.

Ms. Alvarez, you take te time that you need. When did you first learn that you were pregnant? She can’t answer. I can see her hands in her lap and she’s counting on her fingers! Oh. My. G!

NA: “June of….”
DB: 2008?

When did you first learn that Dr. M was working for Mr. Jackson? I don’t recall.

In June of 2008 were you spending time with Dr Murray? At times.

At that time did he tell you he was working for Mr. Jackson? I don’t recall.

When you were working in Las Vegas, did at some time he tell you he was working for Michael Jackson? That’s fair to say at some point that I became aware that he was working for Michael Jackson.

(When was that?) From my recollection, it was here in Los Angeles.

When he was staying with you, did you become aware that he was providing care for Michael Jackson at Carolwood Drive? No. Your asking me, did Dr. Murray ever tell you that he was providing care for Mr J in his home?

(I roll my eyes. I can’t believe this.)

Let me make it simple for you. (Asks question in a simpler way.) Yes. That was my assumption.

(Lord.)

Did he ever tell you (that he was providing care for Michael Jackson)? I knew he was his personal physician.
What did he tell you? Absolutely nothing. snip He’s a professional man, and I know my place and it’s not my position to know his patients, his business or his wearabouts or anything of that sort. snip I was aware that, when Dr. Murray was in LA, he was at times to my belief, with Michael. As to what capacity, I (didn’t know anything about that.)

(Do you) know if he was treating anyone else while in LA? Not to my knowledge.

Describe to me, Dr. Murray’s schedule, during the time that he was staying with you in April. Did he go (to Michael’s house) during the day, did he go in the evening? During the best of my recollection, it would be in the night time.

So Dr. Murray would be there with you in the day? You had a baby…? Fair to say.

What time did he leave your residence? I would say, approximately on average, I used to put my son to sleep at 9 o’clock. It was never at the same time, on an average it would be 9 o’clock sometimes ten.

And when would he return? The next day? Yes.
What time did he return? It was always different times, it was never the same. I would say usually it was in the morning. 7, 8 , 9, 10… there wasn’t a regular pattern. There wasn’t a time that he would DEFINITELY return every morning.

When he returned, what would he do, normally? He would relax, go to the gym, and sleep….sleep for a large majority of the day.

Did you have dinner together? Yes.

So that was typical routine for him that he would leave 9 10 o’clock, and that he would return some time the next morning. That would be fair to say.

Questions now about the London tour and upcoming trip.

She knew that Dr. Murray would be going to England. She was invited to go along with him. Doesn’t recall when she was invited.

Were you excited about the trip? Definitely! Definitely.

Did you know how long you would be gone? He never told me exactly how long (we would be gone), I knew it would be …….that we would be home for the holidays.

She had not made any plans. (question to give up her apt. or not) for the trip. The baby is mentioned. I was concerned. I wanted to go. I had a baby.

The baby might have prevented you from going on the trip? Childcare, traveling.

She just wasn’t sure that it was in the best interests of the child, correct? (Yes.)

So he had made arrangements for her to go….

In May to June, he said that there would be packages coming to the house? Yes. He didn’t really say anything, other than if the packages came, to bring them inside. But if they came to my unit, I would bring them inside the unit. So, (he said) just to be ware that they were coming, to bring them inside and to put hem aside for him.

Did he tell you what they were? No.

Did he tell you that they were important ? No. He would just let me know, out of respect to me, that there was a delivery coming…

Describe your aptartment and deliveries.

Did you recieve packages at your residence that were addressed to Dr. Conrad Murray? Yes.
Was it on a regular basis? I don’t recall it being on a regular basis, I just know it had been a few times.

What type of things were they? I don’t know what they were.
Did you ever open any packages that came to Dr. Conrad Murray? Absolutely not.

Some of the packages were left in the lobby? I can recall one or two times where I was going for a walk with my child….and I would always check and sometimes there would be something there.

She testifies there would be mail addressed to him, addressed to him in her mail box, but there would be packages left in a common area.

And sometimes packages left at her doorstep? Yes. snip He would always inform me if there was something coming as I recall.

Did he ever tell you what these packages were or what they were for? No.
Did you ever ask? No.

Exhibits.

I can’t believe she is struggling to answer these questions. They’re not difficult.

Like to show you a series of documents and see if you recognize them. Exhibit people’s 22.

This is a FedEX receipt dated …. do you see 1540 Sixth street? (Yes, her address in 2009)

Do you recognize that signature? It very well could be, it looks like my signature. (Holy cow.)

Do you see where it says recipient, care of Nicole Alvary? (Yes.)

Do you see where it says Applied Pharmacy Services? (Yes. But she didn’t necessarily pay any attention to that.)

Another question I miss. Answer: You have to think of the big picture here. I have a lot of things going on. I sign for it. I may have glanced at at it, and maybe read a paper in detail, for something that as for me. (But if it was for Dr. Murray she didn’t pay much attention.)

But you would have just confirmed that it belongs to you or Conrad Murray? That’s correct.

Exhibit 23
FedEx receipt April 29 2009 Addressed to her apt on 6th street. Signed for by a P. Maria.

Do you know a P Maria that resided at that residence? No. I’m the only one who resided at that residence.

Goes over the part of the receipt that says C/O Nicole Alvery. The witness verifies that her name is spelled wrong with a Y instead of a Z.

May 1st, 2009 Fed Ex receipt to her apt. c/o her from the same pharmacy to Dr. Conrad Murray. “That’s correct”

May 13th 2009, Fed Ex, receipt. She doesn’t recognize the signature on that receipt.

Same shipper applied Pharmacy Services. There’s not a doorman…

Was there anyone beside her who was living or staying with her? Did your mom or someone helping you with the baby. Absolutely. There was always someone coming (helping out).

So, possibly one of those people could have signed for a package that could have signed for it? Obj. Sustained.

Did anyone tell you that was a guest at your apt sign for a package? Not that I recall.

Another May 15th. FedEx Package to Dr. Murray c/o her.

Question as to if there were packages left that she did not sign for. She says, perhaps, yes, that she would come home and there would be a package left.

Another package, same shipper. I miss the date. This one she answers, “Perhaps she did that.”

Another package; same shipper Applied Pharmacy Services. Same thing. “I thinks that’s correct.”

Is Conrad Murray currently staying at your apartment? Yes.

Do you recognize Mr. Chernoff sitting here to my left? Yes.
Did you contact Ed Chernoff, for legal advice after MJ died? No.
There would be no reason to contact Mr. Ed Chernoff for personal reasons.

Why did you contact Mr. Chernoff? I contacted Ed Chernoff after I had received a subpoena.
Why did you do that? I thought it would be a reasonable thing to do. I think any thinking person would do that.

I don’t recall exactly how the exchange (as to how she reached out to Ed Chernoff via Conrad) for legal advice. I just wanted to know what it (the subpoena) was.

Did he explain that to you? I don’t know. I don’t think he did?
He made a referral. He just put me in touch with Joseph Low. Mr. Chernoff gave you Mr. Low’s phone number?

Did you come to court as requested back in 2009? Absolutely. And Mr. Low came with you? Yes.

You also reached out to in 2010 to an attorney. I believe so, yes.
And who was that attorney? She is vague; I can’t hear the answer.

Was that Mr. Penna? (sp?) I think so…

Another question I totally miss.

Brazil takes a moment to confer with Walgren.

When you began an intimate and personal relationship with Conrad Murray, were you aware that he had six other children? Objection!

Sidebar at the bench.

It’s 11:45 am. This direct exam felt like pulling teeth.

Dr. Conrad is the father of your son? Absolutely.

No more questions.

Cross Planet/? (I’m sure I have that attorney’s name wrong.) No cross.

KFI reporter Eric Leonard rushes out of the room to go report on air.

We still wait for the side bar.

AFTERNOON:

SOURCE: http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-4-part-ii.html

NOTE from Sprocket at T & T:

This is an unedited, DRAFT entry. I’ve posted this without edit to give you news as quickly as possible, so please understand there are typos and could be some information that is not as clear as the MSM reports, or 100% accurate. -Sprocket

It’s 1:30 and we see the courtroom.

Nicole did say “Gentlemen’s Club.” as to where she worked and met him. I missed the “Gentleman” part of the answer!

Witness #15—Elissa Fleak, LA County Coroner’s Investigator

DDA established where witness is employed and what job entails—she is an LA County Coroner Investigator. Performs investigations at scenes, notify family, write reports for pathologists, and assist investigation. Eight years (in job).Was working in that capacity in June 2009.

DDA Q: Learned of the death of entertainer Michael Jackson?

Fleak: Yes I did.

DDA Q: In response to learning that information did you respond to UCLA medical center?
What time did you respond?

Fleak: Can I check my notes?

DDA Q: Yes.

Fleak: I arrived at hospital at 17:20 hours.

DDA Q: At UCLA ?

Fleak: Yes.

DDA Q: 5: 20 pm?

Fleak: Correct.

DDA Q: At your arrival to UCLA did you make physical observations of the decedent?

Fleak describes what she did and what her duties were: To perform an external body examination. “Anything I could infer, to the cause of death for my report.

DDA Q: Looking for wounds, knife wounds?

Fleak: Yes. Did not find anything at that time.

Investigator Fleak obtained 4 vials of blood from UCLA staff labeled Gershwin. [ed. note: recall explanation pseudonym from yesterday’s testimony]

DDA gives label number. Fleak replies, “Yes. Correct.”

DDA Q: Were those vials of blood logged into the coroner’s office?

Fleak: Yes.

DDA Q: Was to preserve them?

Fleak: Yes for toxicology purposes.

DDA: On that date did you respond to that location of 100 N Carolwood, LA?

Fleak: Yes. After ER room, I went to the house to observe the scene investigation.
She specifically did an investigation of that bedroom area.

(DDA puts up exhibit on the ELMO. Fleak identified where she was told the decedent was before taken to the hospital. Photo of the two tables, night stands; she identifies them.)

DDA Q: People’s 9. Recognize?

Fleak: Yes. The diagram of the second floor of the house.

DDA Q: Depicts the bedroom you just described?

Fleak: Yes.

DDA Q: At this point did you begin taking photographs and documenting some of the items you found relevant to pertaining to cause of death.

Fleak: Yes.

DDA Q: Begin with any prescription?

Fleak: Yes, I began with several pill bottles on the nightstand right next to the bed.

DDA Q: Did you document inventory?

Fleak: Yes I did.

DDA Q: Documented on a Coroner’s 3A form?

Fleak: Yes I did.

DDA Q: Do you remember what prescriptions you recovered?

Fleak: Yes I do.

DDA Q: What did you recover?

Fleak: Flomax, clonazapam, diazapam, lorazapam, tomazapam, trazadone, and tiziandine. [ed. note: will research and clarify for accuracy]

Also collected several pill bottles, tubes of lotion: Hydroquinone,  Tube of Lidocane lotion that was it on the nightstand [ed. note: Lidocaine lotion may have been used to reduce pain when starting IV].

DDA Q: How about Benoquin?

Fleak: Yes. There was Benoquin.

DDA Q: Lotion in a tube?

Fleak: Yes it was.

DDA Q: Did you document who prescribed?

Fleak: reports diazepam (Valium), Flomax, Lidocaine lotion, lorazepam (Ativan), temazepam (Restoril, a sleep aid) prescribed by Dr. Murray. [ed. note: A cardiologist prescribing a med for prostatic hypertrophy?] Clonazepam (antianxiety), trazodone (antidepressant) by a Dr. Metzger, name missed prescribed by Dr. Klein [ed. note: presume Benoquin as it’s a medication used for vitiligo]

DDA shows Investigator Fleak photos of a night stand, close up of table next to night stand,

DDA Q: Do you see the two separate tables? (Shows photo. Line of questioning and answers describes another photo of area where prescription bottles were, in a basket in the lower shelf of one of the tables, as well as other areas of the table.

(There is a tube of Lidocaine lotion on table. There was a syringe on the table and one on the ground, next to the bed.)

The plunger and the top part of the syringe (to which you would attach a needle)?

Fleak: Yes.

DDA shows new photos of syringes, of oxygen tank, other items, taking Investigator Fleak through identifying photos with more items, including an IV bag with connected tubing.

Fleak described some of the equipment. Blue “Ambu” bag goes to a nasal cannula. [ed. note: Actually it would be connected directly to oxygen tubing and not a nasal cannula.]

Fleak notes “I did describe it as a broken’ syringe because the two pieces are separated from each other. I should have …they’re not broken.”

Syringe on the table, needle on the floor. DDA asks Fleak if they may have been together they may not have been. Fleak answers correct.

DDA Q: Was there also an IV stand—(interrupted)
Sprocket note: I think someone was knocking at door—bailiff got up.)

DDA Q: [Regarding location of IV stand] If you were facing at the bed, at the foot of the bed, the head of the bed it would be to your right?

Fleak: Yes. [ed. note: This makes sense, as the IV was positioned in Jackson’s left leg.]

(Sprocket note: I’m starting to yawn. I got less than four hours of sleep last night. It’s going to be a long two hours now.

DDA is showing Investigator Fleak photos of nightstand and IV stand and IV kit attached and asks her to identify.

Fleak. Yes. She describes where everything is. “It’s a saline bag” [ed. note: IV solution]

DDA Q: In addition to observations of what you described, did you locate a jug that appears to be a jug of urine?

Fleak: There was a chair behind and to the left of you that had a bottle of urine and several urine pads.

DDA identifies Peoples 35.Fleak identifies the items in the photo.

DDA Q: Medical-type container for holding urine?

Fleak: Correct.

DDA Q: Recovered an open box of disposable hypodermic needles?

Fleak: Yes. It was on the two tables as well.

DDA Q: Recovered IV catheters?

Fleak: Yes.

DDA Q: Is it all documented in your form?

Fleak: Yes it is.

DDA Q: Recovered an empty vial of Propofol and (garbled; could be midazolam

or lorazepam, both of which were given and are given IV)?

Fleak replies vials were found between the two nightstands.DDA presents more photographs for Investigator Fleak

DDA Q: Was this an empty full, partially full bottle of Propofol?

Fleak: It was empty. (She verifies where the Propofol vial was on the floor.)

DDA Q: 200 mg bottle of Propofol?

Fleak: Yes.

DDA Q: Now did you return to the location of 100 N Carollwood on June 29th 2009?

Fleak: Yes.

DDA Q: Continued your investigation?

Fleak: Yes.

DDA shows Fleak some photos for clarification.

DDA Q: Describe if you will, if you would walk from this area, bedroom 2 closed.

Fleak: It’s an attached room lined with wooden closets lined with wood.

DDA Q: About the size of a regular room?

Fleak: Yes.

(She went into this closet area to investigate.)

DDA Q: Recovered items that were logged into evidence? Fleak says yes.

Was that logged (the syringes) as medical evidence #1?

Fleak: Yes.

Describes how items were logged into evidence and the numbers given.

People’s 39, 40, 41, 42 43 44 45 photos presented and Fleak describes.

Ppl 39. This is the closet area. Wooden cabinet area. Shows evidence that she collected on 29th. Showing ppls 40 close up of same items. Some bags as well as some plastic bags containing items.

DDA Q: Did you remove those items from that cabinet and inventory them on that day?

Fleak: Yes I did.

DDA Q: Is this a photo of some of those items after being laid out on a table?

Fleak: Yes it is.
DDA Q: Describe items.

Fleak: Black square bag with a zipper, recovered from cabinet area. One dark blue bag with a zipper with “Costco” on the outside. Light blue and brown colored bag with a zipper with “baby essentials” bag; misc. medical supplies.

DDA Q: As well as creams?

Fleak: Yes bag full of Benoquin lotions. Yes, those are bottles, tubes of lotions.

DDA Q: Did you empty and inventory the contents of these items?

Fleak: Yes I did.

DDA Q: This box, a black pressure cuff? Bottles?

Fleak: Three bottles of Lidocaine. Vials of Lidocaine. [ed. note: Differs from Lidocaine cream/lotion in that this solution is added to Propofol to reduce pain upon injection.]

Fleak checks notes to remember if the bottles were full or not. “Two were empty and one of them had some liquid in it. All three of them had been opened.” They were 30 milliliter bottles. Large dark blue Costco bag.

DDA Q: Did you find saline bag that had been apparently cut open?

Fleak: Yes I did.

DDA Q: Find anything in that saline bag?

Fleak: A bottle of Propofol inside that cut-open bag.

DDA shows Fleak a photo.

Flea: Yes (that’s what she found).

DDA Q: Can you describe what I’m showing; can you describe?

Fleak: It’s a slit in the bag.

DDA Q: Did you take this photograph? That was the Propofol bottle that was inside the IV bag?

Fleak: Yes.

DDA Q: In addition the IV bag with the slit in and the 100 mg. Propofol you mentioned, what else did you find?

Fleak: 20 ml bottle of Propofol bottle. Back to 100 ml bottle; it was open and had liquid in it. Twenty ml. open with liquid in it. Ten ml. lorazepam (Ativan) bottle open with liquid in it.Two bottles of midazalom (Versed) 10 ml both open, both had liquid in them.

DDA Q: Was there any other items in there?

Fleak: A bloody piece of gauze, a bag of miscellaneous packaging, medical packaging and a finger pulse monitor.

Fleak also did same inventory of the light blue and brown “baby essentials” bag.

2 100ml bottles of Propofol
2 20 ml bottles of Propofol unopened
(3?) bottles of 20
3 20 ml bottles of Lidocaine opened
1 30 mil bottle of Lidocaine unopened
20 ml bottle of diazepam opened
(Sprocket note: I can’t keep up.)

more unopened. 5 mi diazepam opened.
1 4ml (Sprocket note: I missed) opened
1 4ml of diazepam unopened.

DDA Q: Where there other items?

Fleak replies: Red pill bottle with no label that contained 14 capsules turned out to be ephedrine. Over-the-counter night drops. Five bus cards of Dr. Murray. An IV clamp. A blue strip of rubber.

Fleak recognized the rubber as used for a tourniquet.
DDA Q: In total, looking at contents of both bags, is accurate to say, there were 11 bottles of Propofol?

Fleak: correct

DDA Q: In addition to the one empty bottle on the floor of Propofol there were a total of 12 bottles of Propofol. Is it true there were six bottles of Lidocaine?

Fleak: I’d have to count.

DDA Q: Could you please?

Fleak: Six, correct.

DDA Q: In addition to the Lidocaine lotion. Correct.

Another photo exhibit. Photo of some of the contents of the “baby essentials” bag.
Describes the items that were all in the photo…medicines.

DDA: Nothing further.

Defense CROSS FLANAGAN:

Q: You made a search of the bedroom on 25th in the evening?

Fleak: Yes.

Q: And that’s where you obtained all of the photos and the bed and the surrounding the bed?

Fleak: Some were taken on the 29th. I was told by detectives additional information medical evidence at the house.

Q: They told you Dr. Murray told them a location and what they had? Did they tell you the interview that they had was from Dr. Murray?

Fleak: Yes. (Objection, sustained, reply stricken from record.)

Q: Did they tell you what information they had that you—(Objection, sustained).
Why did you go back on the 29th?

Fleak: I was told there was additional evidence at the house.

Q: Detective smith. Did he tell you what there was?

Fleak: No.

Q: Did he tell you where to look?

Fleak: Yes. In that closet room.

Q: Had you looked in that room on the 25th?

Fleak: I did not. I may have glanced in the room but I did not search it.

Q: So you went back looking for evidence that Detective Smith said would be there.

Fleak: Yes.

Q: Did you search any of the other items, any of the other drawers?

Fleak: Yes.

Q: Was all of the stuff that you found that you took into your custody, was all in that one little area? (lists the bag)

Fleak: Those three bags were found in that cabinet, yes.

Q: When you went through and searched all the drawers and cabinets in that room, did you ever find a trash bag?

Fleak: What type of trash bag? Like a grocery trash bag? No.In the plastic bag, there was something that was crumpled up…

(Discussion about bag and baggies.)

It was clear plastic bag about a gallon. There was no zipper, it was just open at the top.

There was clumpled-up plastics, like disposable syringes, the packaging surrounding syringes, tissues, crumpled up.

Q: Like anything that had biological material on it?
(Sprocket note: missed answer. I’m almost falling asleep.)
Fleak: It was in the Costco plastic bag, but I don’t remember specifically if it was crumpled up.

Defense now questions about the IV bag with the Propofol bottle in it, questioning Fleak about how much was left in the bottle. She didn’t inventory for amount any bottles that were opened.

Notes printed, residual. She means the bag was fingerprinted. She doesn’t remember how many bottles were full or less full, she didn’t document that at the time.

Q: You fingerprinted?

Fleak: I didn’t fingerprint. Notes mean the bottle was open, it had liquid in it and it was fingerprinted.

At this time, I believe it was possible to be fingerprinted. We are not fingerprinted at that time when I wrote my notes.

Q: You didn’t use the term positive for liquid you just have residual?

Fleak: “In my mind it means the same thing. It was just how I was taking notes.”

Q: The black square bags. On things you have listed, it’s crossed out.

Fleak: It ‘s just a number 2.

Q: The first item was the first bag. (Sprocket note: I’m not getting this.)

Fleak: I don’t know why I crossed that number out. Twovials… Empty means there was on liquid in it that I could see.

Clarifies her notes how she listed the items.

Q: The Costco bag was a mixture of partially used and full bottles? Did they all have liquid in them?

Fleak: Yes.

Q: Some were partially used?

Fleak: Correct.

Q: The IV from the IV bag. Last page of your worksheet. “IV bag from the IV stand.”
Did it have liquid in it?

Fleak: Yes.
Q: Did you have it fingerprinted?

Fleak: I don’t remember.

Q: This IV bag had some tubing coming down from it.

Fleak: Yes. And in the tubing hand an IV in it?
Halfway from the tubing there was a clamp and that clamp had a syringe in it.
The plunger was depressed. I don’t remember if there was a small amount of liquid in the syringe.

Q: Was the plunger completely depressed?

Fleak: I don’t remember exactly where it was.

Q: Was there residue?

Fleak: I don’t remember?

Q: Was there more tubing below that IV port?

Fleak: Yes.

Q: Did that tubing have liquid in it?

Fleak: I don’t remember.

Q: Did the tubing above it have liquid in it?

Fleak: Yes.

Q: Was that clear?

Fleak: Yes

Q: Was the IV bag clear?

Fleak: Yes.

Q: Did it have a milky appearance to it?

Fleak: It was clear. [ed. Note: this is setting up the “Jackson self-injected” theory. Defense attorney was asking for location of ports, or openings, in the IV tubing, and the location of those ports, theorizing a port was close enough for Jackson to use and then clear the tubing above with saline.]

Q: When you went back on the 29th, was this the only thing you collected from the bedroom?

Fleak: Yes.

(Sprocket note: missing some of this exchange)
Q: One of the items, I think this bag, fingerprint dusted, the only [thing] you remember is from the IV bag itself?

Fleak: Yes. Remembers that the IV bag had about 1/2 to 3/4 full when it was hanging.

Q: You were there on the 25th, and you found quite a few things. Can I have the photographs?

The break was called at 2:46pm

3:03 pm

Resumption of cross of Coroner Investigator.

Fleak: “There was a vial, with some medications.”
Q: They all appeared to be used?

(Sprocket note: did not hear answer)
Q: What was crumpled up?

Fleak: The packaging.
Q: You described that as a bag of medical garbage?

Fleak: Yes.

Q: All of these things, all of the vials, hand been used? Is that correct?

Fleak: Yes.

Q: They were open and they had liquid in them?

Fleak: All those things as trash? (Objection, sustained.)

Q: In the main room, where was the IV bag on the stand that had the syringe in it? In that room? In this corner. (She’s pointing to an exhibit on the screen with a laser pointer.)

Why wasn’t that taken on the 25th?

Fleak: I wasn’t taking anything that was injectable. I’m usually looking for pill bottles. At the time I didn’t know what Propofol was when I was there. I didn’t know it was injected intravenously. I didn’t know it would be used to administer the drugs that were there.

Q: So you saw the IV drugs there?

Fleak: I saw bottles of medications.

Q: Asks about the “broken” syringe.

Fleak: I should have described it as “separate.” It was not cracked it was not broken it was not defective in any way. They were just separate—the needle and the plunger.

Q: As you sit here now you would have described it as a broken syringe?

Fleak: No I wouldn’t it.

Q: Why did you collect that?

Fleak: It was on the ground near the bottle on the ground.

Q: Did you ask for these things to be fingerprinted?

Fleak: I don’t remember?

Q: Is it part of your role to ask for things to be fingerprinted?

Fleak: No.

Q: So (what is your role?) you collect and put away? Maintain custody?

Fleak: In a complete death investigation we have more responsibilities than just collecting and logging evidence. (A coroner’s investigator) performs a body investigation, notifies families, performs a death scene investigation… (She mentioned a few more tasks).

Q: On that day, did you notice the IV with the pole with the IV syringe?

Fleak: Yes I did.

Q: Why did you not take that into custody? (Objection, asked and answered. )

Did you notice on the table some juice bottles? They were labeled the Naked Juice company.

Were they empty?

Fleak: Yes.

(Missed question)

Fleak: I did not collect those juice bottles and I did not document what was in them.

Q: You left them there at the scene?

Fleak: Yes. They were on the table next to the bed.

Q: And the syringe, was it in reachable distance of the bed? (Objection! Sustained!)
[ed. note; here we go!] How far was the syringe from the bed?

Fleak: About 2 feet.

Q: And the syringe? (Miss answer)

Q: Bottle of Propofol, how far was that?

Fleak: I don’t know if it was one foot, or..??? (Sprocket note: I missed last part of answer.)

Q: Defense attorney asks, something about what about a 136 pound, 5’9” man, could they have reached it? (Objection! Calls for speculation! Sustained!)

Did you take the Ambu bag into custody?

Fleak: No I did not.

Q: The open box of disposable needles how close was that to the table?

Fleak: Couple feet.

Q: So if that was on the table so you could reach that? (Objection! Sustained.)

We lost our feed.

It came back.

Fleak: Both vials on the floor were empty. No liquid that I could see. I could not see and I did not check the inside of those vials.

Q: When you seized these items, where did you take them?

Fleak: To the coroner’s office.

Q: What did you do with them? B

Fleak: booked them into evidence.

Q: Did you inspect them?

Fleak: As far as the labels… (Sprocket note: I think that’s her answer.)

Q: Did you inspect them, as far as the portions?

Fleak: No.

That’s it for cross. No redirect.

Judge asks to see the attorneys at side bar.

No additional witnesses today. The prosecution is ahead of schedule. 9:00 a.m. Monday to discuss evidentiary matters. 10 a.m. for testimony.

4 Responses to “Murray Pretrial Hearings – 01/07/2011”

  1. Patty says:

    The defense is a joke.Michael’s body weight, heavily sedated, and his gonna just up and inject himself. Are these people for real. 12 bottles of this drug. There is so much just not right with this case.The pharmacy should definately be facing something for sending this to a home residence. They know this is a surgical drug.
    So Klein ws basically treating his Vitiligo. Did I understand that correctly?
    I want to say thank you for doing this. I come home from work and this is the first place I log on to. You sit there in that courtroom listening to all those gruesome details so you are able to give us the accurate information. Thank you dear heart. You have no idea what this means to many of us. Do we have any idea how many witnesses the defens plans on putting up there??
    I still do not understand why the DA did not take this straight to a grand jury.

  2. carina for mjj-777.com says:

    THERE IS A POST ON tmz on 3/26/2010:Drug stach found at Michael Jackson´s,”A recently released warrant details what cops found.. .” Judge for your self.The list is long.
    Now they are looking for any trace of propofol in the iv tubing below the clamp.Whatever they find it is impossible for Michael to had the time and skill after all those other meds. They
    impair attention and fine coordination even if they do not achieve sleep.Elissa Flieks did not perform a forensic search and therefor requirements for many details was lower.And murray had opportunity to meddle with evidenca which he did.

  3. Solar says:

    It’s clear that the defense is trying to create confusion and will metaphorically pound on the table to divert attention.

    The defense has had more than ample time to concoct a “story,” and an ever changing one, including putting words in MJ’s mouth while the “doctor” continued to push a series of chemicals into MJ’s body, similar to that of a lethal injection used in executions, but topped off with the more powerful propofol.

    Keep focused.

    It’s NOT incompetence.

    It’s PREMEDITATED.

  4. Lorraine says:

    Thank you so much for the Pretrial Hearings!

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