Jan 10 2011

Murray Pretrial Hearings – 01/10/11 (MORNING)

Seven @ 7:39 pm

Day 5: 01/10/2011 (MORNING)

SOURCE: http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-5-part-i.html

NOTE from Sprocket at T & T:

This is an unedited, draft entry. Please refer to the MSM (mainstream media) for 100% accuracy. If you are copying and pasting to other web sites before the edit, please be sure to include a link-back to this specific entry and this disclaimer with your copy. Thank you, Sprocket.

True Peace is not merely the absence of tension; it is the presence of Justice. -MLK

True Peace is not merely the absence of tension; it is the presence of Justice. -MLK

• • •

Testimony is scheduled to resume at 10:00 a.m. today. However, there is a hearing at 9:00 a.m. to go over motions or other matters with the attorneys. The District Attorney’s office has been tight lipped about what witnesses are going to take the stand next. It’s anyone’s guess but my guess would be either more coroner investigators/lab analysts, the coroner himself or the detective who interviewed Dr. Murray with his counsel present.

I can’t remember who told me this (I think it was In Session’s correspondent Beth Karas but I’m NOT positive) but one of Dr. Murray’s attorneys is J. Michael Flanagan. Apparently, Flanagan is noted for achieving an acquittal for a defendant in another case involving propofol.

I’m on the 9th floor, waiting to get into the overflow courtroom.

Finally got into Department 109, the new courtroom for the media overflow. This courtroom is an exact replica of Pastor’s courtroom. I was down at the other end of the hall to watch the Jackson family enter the courtroom. Jackson’s mother, father, La Toya and Jermaine are the faces I recognized.

The overflow room is almost empty. Pat Kelly from the PIO finally arrived. The screen is angled differently than in Department 110, towards the far right corner. So there are certain seats in the back row that are obstructed by the video equipment. I’m in a plastic chair near the door, right in line with the screen. Michael, who produced the first Spector trial for In Sessions is in the back row along with some other reporters I don’t recognize.

It’s past 9 a.m. and we don’t have sound or picture. We’re probably missing motion arguments. A quick thank you to all the new T&T readers from all over the globe.

9:14 a.m. Still waiting for a feed.

Finally the feed has come on. break into middle. Bailiffs said 9:30 a.m. but they were wrong.

I’m not going to be talking about the content of the Jpeg or voice mail.

Chernoff… Have had investigators look at Dr. Murray’s phone for data. And to make sure no personal attorney/client privilege has been (released?) A special master was appointed.

Pastor asks for Chernoff to explain the master process and what it entailed.

So this is all about investigating Dr. Murray’s phone very recently, and ensuring no atty/client information is released.

Walgren said he would only be introducing a limited amt of information (at this hearing) . Chernoff is objecting to some content (voice mails? Jpegs?)

Pastor says we can go into chambers and I can make a ruling.

JP: All this material was obtained by the court late, late this afternoon.

Walgren feels all this can be all done very quickly. Pastor is not crazy about burning CD’s. He states he’s techo-challenged.

Walgren: We will be calling toxicologists to the stand today or tomorrow. There will be summary report of that finding that will be introduced. No problem from the defense about that.

Counsel now goes into chambers with the court reporter.

I see Ms. Brazil still at the counsel table. She’s wearing an all black outfit. Brazil has very short, like a pixie cut blond hair. She’s also very slim and (I’m guessing) about 5’4” tall. That’s just a guess. I could be way off. I’ve seen her before in the Lily Burk prelim. She usually wears a pantsuit and her clothes are perfectly tailored.

While the parties are in chambers, Pat passes around the sign-in sheet to see what media is here every day. One of the reporters came in late and I was getting them up to date on what little we heard from 9:14 a.m. until counsel went into chambers.

There are only seven of us inside Dept 109. The camera is still live in Department 107 and I can barely make out Dr. Murray at the defense table.

9:42 a.m. We’re still waiting.

9:55 a.m. Long in chambers conference.

9:58 a.m. They’re coming out of chambers. Chernoff and Flanagan were in there with Walgren. I can see the defense team, but I can only see Brazil at the prosecution table. Angle of the camera can’t get all of that table and the witness stand.

I “hope” we get audio on time.

I think I finally see Walgren at the prosecution table. I see Chernoff and I think Low talking, standing at defense table.

10:02 a.m. No Judge Pastor on the bench yet.

Some reporters are reading a newspaper while we wait in the overflow room. If we were in the courtroom, we wouldn’t be allowed to do that.

I “think” I see Ms. Benson talking to defense counsel. Now she’s speaking to prosecutors. Ms. Benson is Judge Pastor’s clerk. Now she’s heading back into Pastor’s chambers.

Come to order 10:08 a.m.
In camera proceeding concerning certain documentation. court has determined that certain materials contained on computer files are privileges and are not discloseable to the people, and significant materials are NOt as Mr. Chernoff acknowledged. Our expert burned a new file and gave it to the people.

Next witness will address these matters.

Walgren requests 20 minutes to review amended materials. Judge Pastor gives him 15 minutes. Recess.

10:31 a.m. I’m back inside the courtroom. I “think” I recognize the reporter next to me from the Anthony Pellicano wiretapping trial (Federal case) but I’m not positive.

Judge takes bench.

Walgren is ready to proceed

Walgren asks to approach because he says he’s confused about one area.

Everyone goes to the bench.

#17 STEPHEN J. MARX

Stiplate that iPhone is the phone recovered on July 28th, 2009. All stpulate.

Back to July 28th, 2009 Computer forensic examiner in the DEA. Now since retired. Was employed 7-8 years. responsible for extracting compter evidence and present it for evidence (at trial).

Conducted an examination of the iPhone./ Yes i did.

Familiar wit the term screen shot. As it relates to an iphone? It will save whats been on the screen in the memory of the iPhone.

By what format is it saved ? Jpeg.

Placed somewhere specifically on the iPhone. On the phone or in space.. Both. (explains)

Unalocated space vs allocated space. allocated on a device that it is actively using. And it wil recall that data. Unallocated, it has determined that it no longer needs the data that’s saved there and it can be overwritten in time.

Once in allocated space, as new files coem in they will eventuall y overwrite? (short answer Yes.) It wil lbe set up to be written by new data.

Did conduct analyssis of this iPhone as related ot the unallocated space. Yes.
Did you find some screen shots. Yes I did.

In analysing thes screen shots, is there a way to determin the date at which the person looked at that particular screen shot.? Some of them yes, some contain the date of the image.

Complete analysis that was done, ther was a large number of screen shots discovered. Yes there was but only a limited nmber was to which he was able to sign a date? Thats correct.

Showing exhibit. to defense cou

People’s 46 through 50, showing to Defense counsel.

Darn. We won’t be able to see these exhibits.

Chernoff : I have seen them and I have no objections.

People’s 46.

Can you describe what’s being shown in people’s 46? This is an expanle of what we are dicussing. This reflects on this screen sot, that was most recently uptated on June? July 26th? Yes.

Does this reflect 7:03, am that someone was viewing this screen shot? Yes.

People’s 46, focusing on June 25th, 2009 at 9:45 am, does that reflect that this person was reviewing this screen shot at that time? Yes it does.

Did you also recover an email> Yes I did?

Where on the iphone was that recovered. That was in the database where the phone stores email.

Part of a thread reverred to as a series of communications. (ans)

Email june 25th 2009, with the greeting of Hi Conrad, with signature, Bob taylor, of Bob taylor’s Insurance of London. See the header there Mr. Marx? Yes I do.

Came from a sender based in London England? Y
5:54 am, that time is that the time interpereted in Los Angeles? Based on that header as sent from UK, 5:54 am in Los Angeles. (ans) q again

Yes, correct.

Reviewd contents of that email Yes I have.

I have reviewd …

specific inquires regarding the health of MJ?

That’s correct.

In that email, let me freez this (image on elmo) and a copy to the witness The time you recovered the email from the iPhone, were the substance of the contents as displayed in People 48. Depends on the allocation method I used to bring it up. but yes, that’s the substance.

You’re the only doctor that’s been consulted during the period, and that your records go back to 2006 when you first met MJ ?

Infor questions about MJ health.

Were you able to conirm through your data dicover strike that.
Were you able to botain a screen shot to determine that that email was read? Yes I was.

Peoples 50 for identification.

up on elmo

Do you see the from bo b taylor and to Conrad. June 25 2009, 5.54 am. and you can see the top half of the conrad.

So this reveals to you that this screen was viewed by the possessor of that iPhone. that’s correct.

Locate that there was a resonse to that email?

People’s 49

Was this was the responsive email? yes it is.

Subject is the previous same
From Conrad (says email) yes it is.
to bob taylor. yes.

indicates its’ a reply to email yes it is.

Sent 11:17 o8 am.
PDT? Yes.
Time in LA is 11:17 am?

Yes it is.
Substance of email, dear bob signed Conrad Murray.

That autorization of release of medical records, to get insurance.

He was denied the autorization ot release them. (the medical records)

As far as the statements of his health published by the press, let me say they are all volicious to say the ??? Signed conrad murray.

Were you able to confirm that this email was sent from the iPhone.

Was able to determine that it was created on the iPhone.

Goes over the detail of these phone records and verification questions.

Nothing furhter.

Chernoff Cross.

In additon to the emails we have seen today. were there were forwarded emails attached from the insurance broker yes there were.

Did they seem to be sent back and forth regarding company officials rep MJ and AEG. Question about if the communication was with someone (I miss the name) from AEG.

From

Clerical issue. Walgren restate numbering issue.

goes over the Exhibit numbers and what they are specifically.

People call #18 Tim Lopez

(I check with reporter next to me who believes it was Conrad Murray denying the release of his medical records of MJ)

Ms. Brazil direct. Employed. a pharmacist. 15 years. Business owner.

Applied Pharmacy Services. Located (Las Vegas, Nevada.)

Describes his duties as owner.

Clientell patients that have been directed by a doctor/facility.

How is your’s than for say a corner pharmacy? We known as a (comounding) medicine only.

They specialize. Yes.

Let’s say your pet needs a specific medication and it’s not available in a particular (dose/size).

Do you deal with physicians directly to proide a particular medication their patient might need? Yes.

June ??? received phone call. From conrad murray. He identified himself as african american and that most of hispatients were african amerc and that someo f this patients suffer from viliago. Asking about bedoquin product. Strength it comes in. Murray interested in the 20% strentth.

Took contact number and do a search for the ability to get it.

That’s because you don’t stock that % ? Yes.
He conducted asearch from his suppliers for that product. He couldn’t find it.

Dr. Murray didn’t call me back so I didn’t follow up. Didn’t tell him that he was unable to obtain the benoquin.

Received a call in March, 2009. From Dr. Murray. Asked if I was the same person spoked ot preveious. I said I was. Inquired as to why he didn’t call bac. I explained that i n2008 my pharmacy was in a move transition and that I lost phone records.

He was calling again about benoquin 20% and it’s availablityy.

Took his contact iformation again and checked a little more throughly. Did call him back abour the drug, April 21st. Told him he had been successful.

I told him that I found a supplier and that if he needed more beyond that he couldn’t get it.

He told me that he would like it in packages of 30 gram tubes.
Will you be able to estimate for me the size of a tube you were able to obtain.

About the length of a pen,

similar to about a tube of toothpaste? Yes.

Did D.r Murray place an order. Yes. He ordered 40 of the 30 gram, 20%.

In your practice in general, in specifically. Describe the process that you go through to ensure that the person is a physcian and allowed to order the medication.

I go through and check if the doctor is an MD, DO, or DVM.
Get phone, DEA number, Doctor number. Explains DEA number.

Did Dr. Murry provide you with all the required information>

Where did his license originate from? Nevada.

Whne he placed this order from you, did he specificy who is patient was?

He said his patient was african american and that he would instruct in the dispersal of it’s use.

Is that common ? When it’s used on a trial basis, that’s normal.

Dr. Murray came in and picked up his initial order.

Came up to the window, met him, shook his hand and explained that if there was anything we needed to do to change the formulation etc. He said he would pay for hte order and let me know. He paid for the order via company check.

Is there any time that he discussed subjequent delivery?

Yes, he asked if he could have (orders) delivered to his office.

Another Q.

Identifies the witness.

Next contact he had with Dr. Murray. Several days after April 3rd, he came in to tell me he was happy with the cream.

Did he ask if you were able to provide medications for his other clinics. Yes.
He asked about propofol and saline bags.

Did he asked about what strength propofol?

He asked about the specific price of propofol that you would be able to provide and saline bags.

Were able to provide him with the informtaiton.?

Subsequent phone calls, I was able to give him the relevant informaiton.

After that, he placed an order for propofol and saline bags. Telephone order.

What was the quantity of po
1 carton of 100ml bottles. Ten inside the carton. and

2 specific formultions of propofol? Yes.

1 bottle of 100mil, and it ws packaged in a package of 10.

from supplier in a sealed carton. We deliver to his office in Las Vegas.

There are 10 individual vials, and they are sealed.
That one order, cotains 10 vials = 100 ml volume.

20 milleter vial, and has 25 indiviuals vials in that pack.

Which is a larger size? The 100 mil is larger.

What else did he order?
Nine saline bags. And renewed the benoquin.

He asked us to deliver to his office in Las Vegas.

Did you comply with his request/ Yes.
I used a courrier service.

Did the corrier of the office call you when the delivery? Yes.

Dr. Murray asked if part of the order could be delivered in Santa Monica.

I said it was no problem. He gave an address to the courier. Said he had a clinic in the Los Angeles facility.

Said he saw patiens at the LA location that he wanted to have the medications sent there. Yes.

Yes, he said they (med’s) would be under his control.
Verifies the address of Nicole’s apartment in Santa Monica.

Tthe courier returned to the Pharmacy with that location. The remainder came back to the pharmacy.

Shipped to SM per Dr. Murray’s request.

On next date, ordered 2 separate orders of propofol.

ordered 4 boxes. Each box has 10 10m.

Packaging the same manner as before.

Second orer on april 28th 2009
25 individual vials.

Where that order ot be delivered to SM address.
Yes.

Another order. Prior to order, Did dr murray

lorazapam and ??/
Wanted inject dilazapam in injectable forms?

Are any of those available in any other form?

Also available in oral lorazapam.

Did he also placed an order for a tray, of lorazapam vials and two trays of diazapam.

total of 20 diazapam yes.
total of 10 of lorazapam yes.

Still verified his DEA numbers.

Instructed him to mail these to SM and he complied with that request.

Did you have a conversation with Dr. Murray.
Discussed the bedoquin cream. Wanted to knwo if there was a formula that was less greasy. and wanted to know if they could put it in a larger package and if it could “look better.”

Did Dr. M inquire about about hydroquinine? (??)
Asked about what strengths needed. Described same patient population and wahted to try that.

He Inquired about energy formulations. Some formulations that would give increased wakefulness. I suggested many drugs that had a side effect of alertness. He didn’t want it to be non-narcotic and as natural as possible.

He didn’t want something perscription, he wanted something over the counter. Told him it had to have something with caffeiene in it, he couldn’t get away from that.

Discussed something else. I missed it.

Did he say that it was he himself that was in neeed of some energy formulation? You gave him some ideas and that you would get back to him.

(Yes.)

He said his patient were complaining of injection pain. And wanted to know if I could make a topical analgesic. He indicated he wanted a lidocaine only.

does it come in a cream? It comes in a gel
It also comes in an injectable form ? yes it does.

So some roducts to reduce injection site pain. Yes.

Telephonic order May 12th. New.

Ordered 4 boxes of propolfol 100 mil in each box.
1 box of 20ml vial 25mi
tow trays of diazlpam
lidocane 2% cream I made for him, 60 grams.

1 tray of floazinal? Used to reverse benzodaiazipines.

Did he want these items shipped ot SM request?

May 14th 2009.
Another phone conversation discuss placement order.

Briefly dicussed benequin, wanted to change vehicle of waht it sits in to make it less greasy and sticky on the skin. Worked on different formuatons to make that work.

the lidocane 2% was not strong enough. What did you do.

I made it 4%.

Did you prepare samples to address his concern?
Sent him3 10 gram samples to see which one best suited his needs.

What products his

4% lidocane cream 60 ram
1 bedoquine in spec
1 bedoquin in specifc base
1 bedoquin in specific base

At the time, I was planning a trip, so I was going to the airport, I could save him on the shipping. and Waht was Dr. murrays respoinse.

HE said that wasn’t necessary, just ship it FedEx to SM address.

Turing now to June 1st 2009. conversation

picking up on energy request he had made some weeks prior.

Essentially 3 products available over the counter and could put them in 1 capsule. Was that agreeable to Dr. Murray yes it was.

Did you caffenee, asprin and ephedrine.?

Yes. Made 30 capsules. Made that formulation.

Were those iems include placed later on in june.
Yes it was.
did you include these energy on a diff invoice.?
I included htem with the shipment.

June 10, 2009 another

1 tray of lidocaine injectbal
25 ????
4 boxes of propofol 10mil (40 individual vials)
2 propofol 20 mi, total of 50 bottles
20 2 60 gram ???
benoquin
30? capsules of energy formulation.

Where shipped to?
Santa Monica.

Tune June 15th 2009
Placed another order.

Comment Idid he) about the energy formula?
He was happy with the results and required aobut Pricing(?)

other items
1 trya lorazapam 10 lite vial injectable
2 trays inectable dilazapam injectablue 20 vials
Saline bags? Ordered 12 normal saline bags.

Where were these items shipped to ?
Santa Monica.

During any of these orders, did Dr. Murray ever disclose the name of any patient that the order would be used by.

June 25th, 2009, did you hear on the news that Michael Jackson had died?

Do you rememer the last time you had a conversation w/Dr. M.

23 or 24th.
Dr Murray.

It sounded like Dr. Murray was driving the car with the window down…it was very noisy it was brief conversation. Never talked to him again after that.

Invoice. People’s 52.
Sales receipt for an order from Dr. Murray.

What does it reflect?

66# generated by the software.
First receipt tracks his first order of the bedoquin cream.

Another order, another receipt.

date april 6th, 2009
yes
reflects the customer conrad murray? yes.
reflects first purchases for propofol.

10 vials of propofol
25 individual vials
benoquin
saline

Another exhibit
FedEx bill shows that I sent a package to the SM address.

Is that the applied pharmacy account number with FedEx?

Does it reflect the shipping of prpopfol, in exhibit 53?

Yes.
Verifies the misspelling on the FedEx invoice of Nicole’s last name.
Verifies the address, etc.

Next exhibit 55.
Another applied pharmacy receipt.
Date April 26th, 2009, Dr M next order o

4 trays of propofol 100 mil
1 tray of 20 mil
shipped to CM at his request.

Do you recognize another receipt FedEx receipt that corresponds to the above shipment. Signed for looks like a P. Maria.
Verifies all the information on the FedEx receipt.

Exhibit 57 Another Applied Pharm. receipt. Yes. or rather Invoices? Yes.
Benzodiapa
Dated April 30th 2009
lorazapam
diazapam.

Next exhibit FedEx tracing receipt corresponds with the above invoice, verifying the name, address, etc.

Exhibit 59
Another applied pharm receipt
5/12 2009 purchase by murray, md.

Receipt reflects
2 orders 100 mil and 20 mil and lorazapam, diazapam

4 individual trays of the propofol and 1 tray of the 25 (ans)

Exhibit 60 reflects FedEx shipping invoice.
Verifies that it goes with the above order. Looks like it’s signed b someone named P. Mason.

Exhibit 61 APS sales receipt 5.14 2009
Subject of delivery
Lidocaine 4% cream.
was also shipped to SM address? yes.

Exhibit 62 reflects FedEx invoice.

Exhibit 63
Recog peoples 63 as one of your sales June 10, 2009

lists items on invoce too fast.
Yes.

Fed 64 reflecting FedEx receipt corresponding with above exhibit.
Signature appears to be Nicole’s.

Exhibit 65 AP sales receipt.
Reads off contents of invoice quickly.

Exhibit 66 FedEx receipt.

Final delivered June 16th, 2009

(Please note that CaliGirl9 will hopefully help me clean up the medical terms)

How many vials of lidocaine injectiable did Dr. Mu

25 of the 30

How many vials of the lorazapam

Ten (trays?)

60 of the 2 liter of diazapam.

Propofol: smaller vials total #? 125 vials of thd

Larger? 130 vials.

Cross by Low.

Is it fari to sy as a pharmisst, part of your job is to provide prescirption medicaiton to doctors? Yes.

There are a lot of laws and rules and regs your supposed to (comply with)?

Before you be a good pharmcist, is follow the rules, is before filling a new perscription, you need to verifiy the validity and veracity of the license.

No one can just call up and get some medicine sent. That’s correct.

Like a good pharmacisit you did that in the case of Dr. Murrya, Yes.
And everything checked out. Yes.

Is it ture sure, there are not restrictions on where these meds can be sent?
Can you repeat that?

Do you not have the smae laws and protocols as to where you send it?

I just send it to where he direct.

That question is broad.

Other than that, you have no other due dilligence.?

(Apparently, there are no other verifications that he needs to do, prior to shipping those medicaitons.)

Now, you can’t ship them to someone who should not have them…correct. So when you ship them you don’t have any restrictions as to only shipping that drug to a hospital do you? No.

I just know that he’s a licensed physician. (?and that he’s allowed ot deliver).

Asks aobut the first order, shipped to his clinic via is own courier.

And the courier, Juda, said he thought Dr. Murray was one of the nicest people he had ever met? That’s correct.

Very common, is it not, that when Dr’s order they don’t put the patient’s name, and that’s for privacy. Soemtimes until the procedure is done, only the dr knows who the patient might be.

At this time, Dr. Murrya did not tell you who his patients were In (Santa Monica)? (No.?)

Asks questions about a patient’s privacy, and about a high-profile patient, and that there would people peole out there who could get this information and write their story.

So, if someone was going to make sure to ensure that patient’s privacy, you wouldn’t send that to a high profile person’s house now would you?

Obj. sustained.

More question about high profile clients, and selling information. Obj. sustained.

11:59 a.m. still going strong.

Also another Dr. that you were selling propofol to? No.
How aboud David ????

No.

The larger ones that held 100ml.

How could you open those vials? How could you get the solution out of the vial?

A needle.

I suppose there is another device (I miss the rest of the answer.

That’s it no redirect.

Back at 1:15 p.m.

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