Thursday, September 29, 2011

Photos from Alberto Alvarez's Testimony



Above is a drawing of the bag Alberto Alvarez saw--this drawing was requested by Prosecutor David Walgren.



Above is a photo of the actual IV bag and vial of propofol re-created as Alvarez saw it, at eye-level, over two years ago. He states it was diagonally in the bag, not vertical. So far there is no clear indication about tubing.



Above is a photo of the actual IV bag that contained the propofol vial within the IV saline bag. Note the trace of what appears to be propofol in the far corners of the bag toward the end of the bag.



Above is a photo indicated the "nub" and what appears to be the slit in the bag. The slit was confirmed to be vertical rather than horizontal.



Above is a photo that Alberto Alvarez stated he did NOT recall drawing.




Above is a depiction, drawn by Alvarez, of the pulse-ox machine. He notes it did not have needles attached to it, but did have wires.




Above is a photo of the same normal saline bag (0.9% NaCl) as the one Murray cut.



http://www.exelint.com/iv_administration_sets2.php

For this tubing, 15 drops would equal one milliliter. This is important because propofol is typically given via a manual pump that gives less than a milliliter a minute. If Murray was trying to run the propofol at a rate of 50 mcg/kg/min, which is the maximum rate one would run propofol in the ICU with a patient on a ventilator machine and in fact conscious, and assuming Michael weighed 60 kg, then Murray would need to give 0.3 mL a minute or roughly 7 drops a minute which I would think would be very difficult to achieve using gravity rather than a pump. This tubing came with the option to vent (use with a bottle or not) and does not use a Luer Lock to connect. (Number 20981).



Above is the actual saline bag and propofol vial found by Elisa Fleak, coroner investigator. She did remove the bottle from the saline bag for photographic purposes. This was in the Costco bag. This photo was taken a few days after Michael was killed.

Wednesday, September 28, 2011

Thoughts from Day Two of the Conrad Murray Trial

I want to highlight some points, in no specific order, from today's testimony that I was able to jot down.

Paul Gongaware claims he heard Michael yell in the background of a phone conversation "give him 150!!!"--he assumed Michael meant give Murray $150,000 a month--but Frank DiLeo (now deceased) claims he was the one who did the negotiating with Murray and was initially given a requested salary by Murray that was "enough to buy a hospital". It seems now we know that number was $5 million for his services. I am not completely sure I believe Gongaware, on the "150" comment, but regardless, Murray did not seem to like it, either. Kathy Jorrie, an attorney for AEG, said she was the one responsible for drawing up the AEG contract between Murray, Michael and AEG. She said she spoke directly with Murray and he directly negotiated with her--basically serving as his own attorney. She spoke to him June 23rd/24th either via email or phone. She said he had requested changes to previous drafts of the contract, such as the new request for a doctor rather than a nurse for assistance, in case he needed time off. (There was no mention of another doctor's name, such as David Adams who Murray claims was to go to London though Adams vehemently denies this.) Murray also requested that if his services were terminated he would not have to refund any of his last monthly income paid. He also lied and said he had four clinics he ran--he apparently had two, if even that. The contract that was to be signed by all three parties was only signed by Conrad Murray. Negotiations for the contract had began in May with Timm Wooley, I believe. There are emails available of the discussions between these two men. I will try to post them at some point.

Jorrie also spoke to Murray about Michael's medical records. She told Murray he needed to provide them for the last 5 years for the London insurance broker (Lloyd's of London). He stated he had been his doctor three out of those five years and given Michael's excellent health, he had few documents in his file for him. Come June 25th, however, Murray flatly denied Lloyd's any access to Michael's medical records, without reason. He denied all the media claims about Michael's health, as well.

Murray wanted to be paid even during months Michael was not actively touring. He also requested a "CPR machine" for the O2 venue, not for LA or the London home. A CPR machine, whether it be a machine that does compressions or a defibrillator, would not be the necessary equipment needed for what Murray was doing to Michael. He would have needed a ventilator, a manual pump, an EKG machine, a pulse-ox WITH an alarm, etc. etc. He needed equipment to sustain life, not attempt to revive someone who already has the odds set against them, which is typically what occurs when someone goes into respiratory or cardiac arrest. Murray needed to PREVENT such, not be ready to TREAT such.

Sadly, given AEG was to be paid their advancements before Michael was to receive his income from "This Is It"--and was basically responsible financially for everything--Murray stood to possibly collect more in income than Michael himself.

We know Michael had apparently known Murray since 2007 or so--he was introduced to Michael by one of Michael's bodyguard whose father was a patient of Murray's. Murray apparently first treated one of Michael's children with some minor ailment and then saw Michael for minor ailments. We know Michael had a prescription from Murray for Restoril (temazepam) for insomnia filled on 22nd December 2008. There were no other prescriptions filled from Murray for Michael until a prescription a lorazepam (oral, 2 mg) was filled on April 28th, again for insomnia. Murray lived in Las Vegas and Houston--Michael at this time now lived in LA since late 2008. When did Michael meet up again with Murray? Was it in March or April? We know Michael consulted with Cherilyn Lee in January and February about being tired (he, at that time, did not complain about insomnia). I ask this because Murray obviously knew Michael suffered from insomnia since at least December 2008, if not before. As stated earlier, Michael suffered from insomnia nearly his entire life, at least adult life. His insomnia became problematic when he went on tour because of the difficulty in "turning-off" after performing. Murray began ordering propofol well before Michael apparently asked him to administer it to him (Michael approached Lee and supposedly Metzger about propofol later on in April). On the same day Michael had the prescription for oral lorazepam filled (April 28th), Murray placed a call to Applied Pharmacy to order IV formulations of both lorazepam and midazolam--before Michael apparently ever consented for Murray to provide him with any intravenous medications. This is a very troubling situation.

We still do not know why Murray began ordering propofol on April 6th--a month before negations began for Murray to be Michael's doctor. Murray then ordered IV benzodiazepines April 28th--medications he would be more familiar with than propofol (and, overall are safer and can actually promote sleep though they still should not have been used for insomnia). We all now know about the taped conversation that took place on the morning of May 10th where it seems Michael may have been under the influence of midazolam and/or lorazepam. Two days later, Murray ordered flumazenil which reverses the sedative effects of benzodiazepines. Given his large quantity ordered, one has to wonder if Murray did not decide to sedate Michael with these benzos for "sleep" and then, in turn, to wake him up, use flumazenil to awake him and get his day started. Here is some information about flumazenil:

Adverse Reactions
>10%: Gastrointestinal: Vomiting, nausea
1% to 10%:
Cardiovascular: Vasodilation (1% to 3%), palpitation
Central nervous system: Dizziness (10%), agitation (3% to 9%), emotional lability (1% to 3%), fatigue (1% to 3%), headache (1% to 3%)
Gastrointestinal: Xerostomia
Local: Pain at injection site (3% to 9%)
Neuromuscular & skeletal: Tremor, weakness, paresthesia (1% to 3%)
Ocular: Abnormal vision, blurred vision (3% to 9%)
Respiratory: Dyspnea, hyperventilation (3% to 9%)
Miscellaneous: Diaphoresis (sweating)
<1%: Abnormal hearing, altered blood pressure increased/decreased, confusion, sensation of coldness, bradycardia, chest pain, generalized seizure, hiccups, hypertension, junctional tachycardia, shivering, somnolence, tachycardia, thick tongue, ventricular tachycardia, withdrawal syndrome
Postmarketing and/or case reports: Fear, panic attacks


Maybe this new regimen is what introduced the Valium to be taken daily (though it was not). Let's also not forget the ephedrine (from the ephedrine/caffeine capsules Murray asked for for himself) found in Michael's body which would have likely caused--you guessed it--insomnia.

An interesting note here is even though the reversal of sedation may sounds a bit traumatic, it does NOT reverse amnesia. From the same source above, "Amnesia: Does not consistently reverse amnesia; patient may not recall verbal instructions after procedure." In this case, Michael would likely have problems recalling his emergence from sedation each morning...

If Michael had been receiving propofol only, as in, a drip or even multiple boluses during the night, and survived by some miracle of God, he would have woken up with no hangover or ill-effect. However, he would have that "hangover" effect from benzos and be would likely need some recovery time whether reversed off the benzos or not. If any doctor were to cause withdrawal symptoms (which I do not think were present, somehow), it would have been Conrad Murray.

I cannot help but recall the marked improvement in Michael on June 23rd and 24th--this seems to indicate to me that it had something to do with Murray and his "treatment". If whatever he did then worked for Michael (Michael supposedly slept fine on the 23rd with lorazepam and/or midazolam only), then why did that suddenly not work on the 24th/morning of the 25th? Michael had energy on the 23rd and 24th, he was feeling good, he was nothing like he was a days prior when Ortega states Michael was "out of it" and cold. Murray had to have changed something and knows what he changed, and it seems he changed things for the better--what happened that made him change things so drastically on June 25th? I do not think he gave him more medications on the 23rd--so why did he literally pump Michael with medications less than 24 hours later?

I recall that Murray took a book to read while he was supposedly monitoring Michael (reading a book while serving as personal monitoring equipment would not be adequate). The book was a study guide to receiving his board certification in cardiology. I found this a bit odd given Murray was giving up his cardiologist practices to be with Michael for 1, maybe 3 years. Though he should not have been reading any books while sedating Michael, I think the best book for him to have been reading would be a book on insomnia and/or anesthetics. Seems more appropriate, does it not?

Arnold Klein was discussed...again. Please see my previous blog again for all the dates when Michael went to visit Klein and/or his associates. I keep hearing the media say Michael was going to see Klein 3 and 4 times a week in June. This is not correct. Michael saw Klein 6 times during the month of June. He saw him on the 16th and 22nd of June. There is some mention of Demerol being given on the 16th by the defense and this somehow had a part in Michael's death. One shot of Demerol on June 16th would in no way have an effect in any form and certainly no effect concerning his death on June 25th. Michael saw Klein on the 22nd but it seems that this date did not cause any problems for the 23rd or 24th.

I will say it again that Michael did not have any traceable opioids in his body when he died (Demerol, oxycodone, hydrocodone, Percocet, morphine, Dilaudid, etc. etc.). There were none in the house. This, by all scientific means, would indicate they had no direct or indirect cause in his death.

Love him or hate him, Arnold Klein willfully turned his records over to police (Murray on the other hand had nothing to offer for 2009); he was also visited by the DEA and they found no issues, Michael-related or not. The DEA means business, too, for the record.

I know Michael Amir Williams (Michael's personal assistant) and Faheem Muhammad both said that at times Michael would appear "slow" and speak slowly after leaving Klein's office. Both also said he did not, ever, sound like the conversation played during opening statements. I know some (Dr. Sanjay Gupta) have remarked that those who receive botox and fillers do not have to receive pain or anxiety medications. I am not a dermatologist--neither is Gupta. I know when people go to the dentist, some may be treated for anxiety and others may not for the same procedures. Numerous doctors have stated that Michael was needle-phobic, including Klein and Mark Lester. I cannot help but think that some sort of sedation would be required for someone who may not be calm or still during a process which requires needles being injected into the face and/or scalp. This is something I wish someone like Klein could elaborate on more. Also, as far as I know, no patients have died while under Arnold Klein's care.

I will post this one again, too:

http://www.thegrio.com/entertainment/jackson-judge-defense-spar-over-witnesses-in-case.php

"Flanagan said one defense expert is likely to claim Jackson was addicted to Demerol and was suffering from withdrawal when he died.

Brazil said there was no evidence of that, and Pastor questioned how an expert could come to that conclusion without making any notes."


I was shocked today that the prosecution did not really allow Williams to elaborate more on why he chose to lie to Murray when Murray asked to go back to the house to pick up some creams that "Michael did not want the world to know about". Well, for starters, now that Michael was deceased, Michael was not here to care anymore about creams and what not. It was made clear in the January hearing that Williams lied to Murray about police taking the keys because he did not trust Murray and felt the situation was odd. Recall from Cooper's testimony in January that if Murray wished to resume care of Michael (this is after EMTs were given approval to pronounce him dead at the home) Murray HAD to accompany Michael to the nearest hospital--he could not stay behind at the house. Even after he attempted to get back to the house for "creams" he made the comment that he needed to get something to eat--I believe food would be the last thing on my mind after someone had just died, and died on my time. This sounds like another way of Murray trying to retrieve his supplies but regardless, the mention of food after Michael's death was not only appalling but disgusting, whether he was really hungry or not. We know Murray went back to Houston, the same town he had called two workers to remove items from a storage shed. Take your pick on what they removed since the two cannot agree on what was taken. Seems the police were looking for medications, but if any had been there, it was too late. They did find, at his office, 27 tablets of phentermine (a weight loss drug) and a tablet of clonazepam (another benzodiazepine). I cannot imagine Murray using all those propofol vials and would think they had to had been stored somewhere, obviously other than Michael's home or even Nicole Alvarez's apartment.

One point that is continuously hit home is that Murray failed to call 911. He calls Williams and tells him to call him back right away and in closing has the time to tell him "thank you". Murray had at least 2 cell phones with him, but again, no call to 911. Williams calls him back and Murray says he has had a "bad reaction". Murray tells EMTs Michael is "fine" and apparently he was "just talking to him" (wrong, he was talking to others on the phone and Michael supposedly died...instantly...remember?). We also recall the cardiologist from UCLA stating Murray "witnessed the patient arrest"--but wait!? Chernoff said Michael died...instantly.

For starters, if Michael died instantly, where are his fingerprints syringes and bottles? They were not on the syringe by the table. Neither were Murray's but he should have had on gloves. How did Michael end up in the supine position in the bed if he died...instantly? How did he get up and move about with an IV pole on the other side of his bed and with a condom catheter on (and a full, distended bladder)? Why were his limbs blue, as was reported earlier by EMTs (which likely means there was low blood pressure some time before cardiac arrest)? Why would Michael mix lidocaine and propofol together in a syringe to drink it? Would he actually drink it from a syringe? What kind of timeframe did Michael supposedly pull this off? Where did those tablets in the stomach supposedly go? Wow, there are so many inconsistencies I could just keep on going but I am already getting a headache so I will stop on this topic.

Whatever Murray did that morning was obviously very different than before, because this time, Michael died. He had survived whatever had happened before, without any use of any equipment, not even so much as blood pressure monitoring. Whatever Murray may have done may not have been safe, but something must have dramatically changed for Michael to go from vibrant and alive to dead just hours later.

To close this blog out, I wanted to go back and mention Kenny Ortega's email to Randy Phillips (recall his name being said over and over by Chernoff?). I believe most people know who Randy Phillips is (CEO of AEG Live) and know he is certainly a shady figure in this scheme of things-as in, Michael's death. Instead of becoming concerned, Phillips apparently tells Murray what Ortega has said regarding his concerns about Michael's mental and physical health (and the possible cancellation of the tour). I would have thought that Phillips may have wondered about Murray's "care", if there was by chance something about his care that was causing Michael health problems. Instead, this meeting is called and Ortega is told to back off--it was the complete opposite of what should have occurred. Why did Phillips apparently "side up" with Murray in regard to Michael feeling unwell and possibly being ill? If I were Phillips, I would have been thinking of having Murray's services terminated and having Michael choose a new doctor. It still makes no sense to me whatsoever that people who, by all means, witnessed Michael's health deteriorating from excellent to dead did not do anything to stop the deterioration but rather paved the way for it--those people being Conrad Murray, Randy Phillips and possibly others. It is not that these people did not see it or were in denial--they saw it and refused to do anything about it and refused to let others intervene--with one of them, Murray, actually causing the deterioration first-hand. Instead of getting rid of Murray, it was Klein who was subjected to being banished though he had no ties to AEG whatsoever and Michael was about to stop seeing him anyway as he was about to depart to London in days and had not even been seeing him that often anymore. If AEG and/or Murray could tell Michael not to see Klein anymore, they certainly had enough control to tell Murray to take a hike. It also seems odd that the role of "personal assistant" seemed to shift from Williams to Murray, with Murray now scheduling things for Michael (per Gongaware). This just makes no sense--well, no sense in court but it seems to make sense to those who have investigated Michael's death for two years and will continue to investigate to search for the truth.

Tuesday, September 27, 2011

Day One of the Conrad Murray Trial

I will go over some key elements that I was able to hear myself though I am sure there will be missing. This will not be a complete analysis of today's testimony but the rest of it will have to come another day when transcripts are made available at some point.

Lorazepam:

I thought many times before that maybe, just maybe, Conrad Murray had hoped to blame Michael's death on lorazepam initially though it is rare that someone dies from lorazepam without some other contributing factor (Michael did have a chronic lung disease which could have possibly been a factor). Without some inkling of propofol being used, it would have never been tested for by toxicologists as it is not something commonly used in a household (or as a death weapon). Initially, Murray admitted giving Michael lorazepam only to paramedics and UCLA staff. I always wondered had he been able to go back and remove those bags, the ones he claimed contained "creams Michael would not want the world to know about", AKA creams to treat vitiligo, would he have never mentioned propofol? Remember, these bags were the same ones that had all the intravenous medications in them, the ones Murray were shocked to learn during his interview with police that they had not actually been found when Carolwood was searched. (More information on this will be included in the January hearing testimony from Michael's security and personal assistant.)

Then, I thought, well, maybe not, because nurse Cherilyn Lee knew about the propofol (Michael had asked her about the drug but there is no clear connection that Murray knew Lee had been asked about it by Michael though later on he accused her of administering propofol to him which is a bold-faced lie). There is also some indication that Murray asked anesthesiologist David Adams about giving Michael propofol--however, it is unclear yet if Adams knew that Murray was using propofol for "sleep" and wanted him to do the same (which if that were the case, why would Murray be basically handing over his job to someone else?). There are the receipts from Applied Pharmacy Services, too, though perhaps Murray did not think those would be traced if propofol was never brought to the forefront.

However, with the defense's opening statements, the notion of "death by lorazepam" came like a thief in the night, and in such a horribly illogical way. I guess withdrawing of Demerol, drinking and self-injecting propofol were not enough excuses. Anyway, Ed Chernoff stated that while Murray was out of the room, no more than 2 minutes to use the restroom (strike one, he admits he abandoned his patient) he not only gave himself propofol (take your pick as to if it were drank or injected, perhaps he thinks it was somehow both) but he also chugged down 8 tablets of lorazepam and then...drum roll please...died instantly.

First, you do not die instantly from oral forms of medication. It would have taken at around 30 minutes for the lorazepam tablets to take an effect. Secondly, the autopsy report states the following on page 7:

GASTROINTESTINAL SYSTEM:

The esophagus is intact throughout. The stomach is not distended. It contains 70 grams of dark fluid. There are a few mucosal hemorrhages, but no ulceration. Portions of tablets and capsules cannot be discerned in the stomach.


If he died...instantly...after taking tablets then there would have to have some traces of those tablets, if not complete, whole tablets still available. I was seriously stunned that the defense would make such a claim because it is, well, impossible. There is more evidence for life on Mars than for Michael taking 8 lorazepam tablets and them being absorbed in literally seconds.

On April 28th, Michael had a prescription from Murray filled at CVS for 30 - 2 mg lorazepam tablets. There were 9 tablets remaining so 21 were missing. First, why did Murray write for this script if Michael was being drugged by him nightly? Second, how would the defense know it was 8 tablets taken when a) Murray did not see this happen, b) no one else was in the room besides Michael who is now dead and c) there were no tablets to count in the stomach?

I then recalled something important--Christopher Rogers and Richard Ruffalo's testimony about the lorazepam found in Michael's system. This is what they stated about the lorazepam found in the blood:

Flanagan: FIRST OF ALL, THE 0.162 LEVEL OF LORAZEPAM, I BELIEVE THAT IS NANOGRAMS PER MILLILITER. THAT IS A SIGNIFICANT AMOUNT OF LORAZEPAM, ISN'T IT?

Rogers: YES. I WOULD EXPECT IT TO HAVE A PHARMACOLOGIC EFFECT.
-----------------------------------------------------
Walgren: WELL, LET ME JUST ASK YOU. CAN YOU TELL US GENERALLY ON PEOPLE'S 68 WHAT OBSERVATIONS, CONCLUSIONS, YOU MADE BASED ON THE VALUES LISTED THERE AS IT RELATES TO THE VARIOUS BENZODIAZEPINES?

Ruffalo: WELL, THE MOST IMPORTANT ONE IS LORAZEPAM, ALSO KNOWN AS ATIVAN IS ITS MAJOR TRADE NAME. UNFORTUNATELY, WE DON'T HAVE A HOSPITAL VALUE THAT WOULD HAVE BEEN MORE HELPFUL, BUT WE DO HAVE THE HEART AND FEMORAL LEVELS. AND CLEARLY, THOSE LEVELS ARE SUBJECT TO A VERY SMALL DEGREE OF REDISTRIBUTION BECAUSE IT IS A MORE WATER-LUGGING DRUG. IT DOESN'T HAVE AS MUCH REDISTRIBUTION PHENOMENA AS SOMETHING LIKE PROPOFOL OR EVEN ITS FIRST COUSIN, WHICH IS DIAZEPAM OR VALIUM. SO IT IS A LITTLE LESS SUSCEPTIBLE TO THAT. IF YOU WERE TO COMPARE ANTEMORTEM BLOOD LEVELS AND ASSUME THEY ARE EQUIVALENT, FOR EXAMPLE, THOSE WOULD BE EXCEEDINGLY HIGH BLOOD LEVELS, THE EQUIVALENT OF TAKING ANYWHERE FROM SEVEN TO 12 MILLIGRAMS OF LORAZEPAM EITHER ORALLY OR I.V. OR I.M. SO IT TELLS US THAT THERE IS A SIGNIFICANT AMOUNT OF LORAZEPAM IN THE BLOOD. IT IS WHAT WE CALL A VERY, VERY HIGH LEVEL. NOT LETHAL, BUT VERY, VERY HIGH. (That) WOULD INDUCE, DEPENDING UPON THE PATIENT'S TOLERANCE TO THE DRUG, YOU KNOW, SIGNIFICANT DEGREE OF SEDATION.

So, from this we see a couple things. First, the lorazepam level, which was very high, was also evenly distributed in the body it seems based on the two blood levels taken. This could not happen instantly as Chernoff would like for it to occur.

I also now can see how the defense came up with the "8 tablets" claim. For every 2 mg or oral lorazepam taken, the resulting blood level is approximately 20 ng/mL. Michael's blood level was 169 ng/mL and 162 ng/mL, depending on the source. To achieve that level, it would take approximately 16 mg (or eight 2 mg tablets) to get there. But again, what Chernoff forgot was oral lorazepam blood levels peak about 90-120 minutes after the dose is taken. Thus, Chernoff's claim that Michael killed himself with lorazepam is not only false but completely and totally false based on proven science. The only lorazepam in his body was placed there by Murray, via the intravenous route, and it was certainly more than 4 mg and given well after 5:30 a.m.--as Murray claims. Chernoff may not be the brightest attorney but certainly it does not help when your client is a pathological liar.

Demerol and Dr. Arnold Klein:

We saw the defense attack Dr. Arnold Klein who will not be testifying during the trial. People following this case knew this was in the works so it is nothing new.

First, here is a breakdown of all the visits Michael had with either Dr. Klein or one of his two partners:

March: 23rd

April: 6th, 9th, 13th, 15th, 17th, 21st, 22nd, 23rd, 25th, 27th, 28th, 30th

May: 4th, 5th, 6th, 15th (15th w/ Dr. Reyter), 19th, 20th, 21st ( 19th-21st w/ Dr. Rish)

June: 1st, 3rd, 4th, 10th, 16th, 22nd

The appointments above did NOT always include Demerol injections (some injections were of Botox, some of Restylane, etc.). In a TMZ interview Klein stated he would sometimes give Demerol for sedation/pain control for minimally invasive procedures to the face but he would also switch it up and give 2 Percocets sometimes as well, rather than the Demerol. This information above does not support an "addiction" to Demerol. It does not support Klein having a role in Michael's death. It does not support there being an ability for Michael to be "withdrawing" from Demerol, either. Klein saw Michael at the times above. Murray supposedly saw Michael every day, or at least 6 nights a week, for hours at a time. Who is facing the homicide charge? Certainly the right doctor is...

As a constant reminder-- there was no Demerol in the house, no Demerol in the body, no Demerol in the toxicology exams and none involved in his death--this is the TRUTH. Check the autopsy report--it pretty much sums everything up in a nice, clear manner--and does not lie.

Demerol and Insomnia:

Chernoff would like for people to believe Michael was suffering from insomnia due to Demerol withdrawal. That is incorrect. For starters, Michael suffered from insomnia his entire life, at least his entire adult life . He was a night person by nature and his mind just would not "turn off". I am still trying to locate the interview in which he says this--it was done sometime in the early 1980s, I believe at Hayvenhurst. I will post it when I find it. Here is also an interview where he states the same thing in 1996:

http://www.allmichaeljackson.com/interviews/mollymeldrum.html

Michael also describes how touring is "hell" for him because of the exhaustion and insomnia he suffers from the adrenaline rush of performing:

http://www.youtube.com/watch?v=eD_LE6HJqZw

I am not sure when a Demerol withdrawal would begin to occur but I am assuming it would be so many hours after the last use, as the drug is very short-acting:

http://www.nlm.nih.gov/medlineplus/ency/article/000949.htm

You will see in the link above that insomnia is an early symptom of withdrawal--as in, it would occur hours or maybe a couple days after the last exposure. Withdrawals to a drug would NOT, ever, begin to be experienced MONTHS after exposure. Withdrawals typically last days or possibly a week, again, depending on the drug. Withdrawal do not last for months, either, and it would not have a additive or synergistic effect with sedatives as Chernoff would like to hope. Also, with Demerol specifically, there is a grave risk of seizures because of the stimulant effect of the metabolite normepiridine. This is why Demerol is rarely used anymore for patients, especially in the elderly. If someone is abusing this drug, it seems highly likely they would at some point suffer from seizures. I have never heard of Michael having any issues with seizures to date.

Because the opioid panel in the toxicology screening was negative, that tells us that Michael likely had not had any Demerol for approximately a week or longer (this is derived off the half-lives of Demerol and its metabolite normepiridine). He also was not experiencing many of the symptoms above (though in the January hearing the defense tried to force Ortega to say Michael was sweating--Ortega flatly denied this). Michael's problems with being cold, sluggish and not completely coherent is a direct result of Murray's administration of sedatives, namely midazolam and lorazepam, at night, likely every night for some time.

This link provides a good explanation of dependence vs. addiction:

http://www.novusdetox.com/opiate-opioid-withdrawal.php

Calling 911 Would Constitute Neglect?

Murray said he would have been neglecting Michael had he called 911. What does Murray consider all of his previous actions before? They were by no means beneficial.

The Pulse-Oximeter

Another important element that came to light today was the pulse-oximeter Murray had, which he may or may not have used, was a basic model that did NOT feature an alarm. Apparently the oxygen tank was also empty--on that very day--but I will have to get that information confirmed. The nasal cannula was already useless but to not even have any oxygen? I am literally shaking my head right now...

Murray and his "Groupies":

Chernoff mentioned that many of Murray's patients can attest to him taking great care of them. If he could take care of them so well, some possibly for little or no fee, then what happened when it came to taking care of Michael? Michael was, sadly, a cash-cow for Murray. Chernoff stated that Murray is a smart man--well, if he is smart, like I assume he is, how did he disregard what was common-physician-sense when it came to treating insomnia with anesthetics? I kept hearing the mention of the money, the $150,000 a month, that Murray was to be paid. This is being mentioned as a motive for Murray to give into Michael's requests--but no one has mentioned yet that a) Murray never received a penny from AEG (at least, not while Michael was alive) and b) if you are wanting such a income, would you not do everything to make sure your patient survived even if your treatment is off-kilter? Even through his botched treatment for insomnia--there is still no excuse for Murray not having the means to preserve life, like a way to ventilate Michael or maintain his blood pressure--or even monitor his heart-rate. Those were simple measures that Murray, for whatever reasons, failed to obtain when, as a doctor, he knew what he was risking, as in, risking another human's life all in the name of "sleep".

"Weaning"--it is a term some of us have heard many times. Simply put, you do not wean someone off something that does not create tolerance or withdrawal. To date, there is no conclusive evidence that propofol causes withdrawal or tolerance--key components to physical addiction. Murray was not weaning anything.

The iTalk Recording:

Lastly, I wanted to touch on that audio recording of Michael from May 10th, 2009 recorded at 9:00 a.m. First, this was NOT a phone call. Murray used an application on his phone called "iTalk"--it transforms your phone into a personal voice recording device, like an old cassette tape recorder.

Now, why Murray recorded Michael--I can only speculate, but whatever the reason, I can only see it being for malicious reasons.

I keep hearing the media state the recording must have been from him being under or having been under the influence of propofol. This is incorrect. When someone is placed under propofol, and propofol alone, they are quickly out and quickly back--as if nothing happened. There is no "hangover" or lingering sedative properties. That is part of the reason propofol is not only abused but so hard to detect when abused--the after-effects are essentially non-existent.

When I heard the tape, my first thought was "Versed"--Versed is the trade name for midazolam. Midazolam is one of the many drugs Murray gave to Michael, along with its cousin, lorazepam or Ativan. Murray first ordered lorazepam and midazolam on April 28th (that might ring a bell as that is also the date Michael also had his oral lorazepam filled at CVS). Benzodiazepines are similar to alcohol in their effects, either when used in excess or used for procedural sedation. Speech can be slurred and rambling, for example. With propofol, midazolam and lorazepam there can be amnesia that occurs for some time, even while conscious, especially with Versed. Versed is used especially for this reason because the person can remain awake but not remember the trauma that comes along with a procedure. In fact, when people go to same-day surgery clinics, they are typically told not to sign any legal documents are make any important decisions for at least 24 hours because of the effects of Versed.

It is very likely that Micahel did not know that he was being recorded that morning. He likely would not have been able to recall what he was saying--though his statements would have been genuine statements, including those about wanting a "Michael Jackson Children's Hospital". In this situation, Versed basically served as a truth serum of sorts...

So far, people like Raymone Bain and Kathy Hilton have expressed never seeing or hearing Michael in such a state. Bain even thought it may not be Michael and she had spoken to him over a 7 year period in the 2000s. She told Jane Velez Mitchell others she has spoke to who had known Michael for 20 and 30 years had never heard Michael sound like that before, either.

I will say that is unequivocally Michael Jackson--in his most pure and honest form. Even while in such a vulnerable state, his genuine concern for children was still first on his mind--as always. It is hard to listen to the tape because it creates a picture of a man, a man in need, a man in some sort of distress and even to some point, agony. Michael was in a sort of agony because he wanted to be able to sleep, he wanted to be able to rest, so he could literally heal the world and make his children and fans happy and proud. He was finally bouncing back from 2005--though maybe not quite in the way he wanted to as touring was not easy for him to do from the exhaustion. Murray took it upon himself to drug him, regardless of what Michael may or may not have said to him. Michael was in no state to be making any decisions when given anything anyway and did not have any sort of medical training. It is so difficult to think, here Michael lay on what very likely became his death bed, talking about his shows, talking about wanting to help children, while the man who put him in that state for money, for greed and for power taped him. To me, that tape was in some ways like another strip search, per 1993. This time, instead of having to bare his genitals, he bared his soul in a manner in which it should never been. How people could still think this man ever hurt a child, I will never understand. I can see the innocence in his eyes but now we hear it in his voice in a manner in which apparently no one had ever heard it before. To me, that tells me with Murray's arrival--things changed. That state he was put in by Murray on that morning was not normal for him. And again, sadly, it is almost certain Michael would have never known he was in such a state because of the retro-amnesic effects of benzodiazepines.

I cannot say anything "good" came from that tape, but at least some type of truth did. Michael was a man with his heart in the right place. Sadly, his trust was in the wrong place--placed into Conrad Murray's uncaring hands.

Sunday, September 18, 2011

Kai Chase's Hearing Testimony--01/05/2011

January 5th, 2011

Kai Chase

DIRECT EXAMINATION: MS. BRAZIL

Kai Chase is a chef. She is still a chef (as of January 2011 and is still presumably a chef). She was employed as Michael's chef. She began working for Michael toward the end of March 2009. She confirms she was employed as a chef for Michael and his children as well. She states her responsibilities were to provide breakfast, lunch and dinner for Michael and his children. She states she would prepare meals for others on occasion, such as guests, friends and employees.

Brazil: WHAT WOULD YOUR TYPICAL ROUTINE BE ON A DAILY BASIS WHILE WORKING FOR MR. JACKSON?

Chase: THE TYPICAL ROUTINE I HAD WAS COMING IN THE MORNING AT EIGHT O'CLOCK, PREPARING BREAKFAST FOR THE CHILDREN, GETTING THEM READY FOR THEIR BREAKFAST, FOR SCHOOL, THEN GOING INTO THE LUNCH, PREPARING LUNCH AND THEN DINNER FOR THE FAMILY.

Chase confirms she reported for duty at 100 North Carolwood Drive in Los Angeles.

Chase confirms she prepared meals for Conrad Murray. She also identifies him for the record.

Chase confirms she prepared breakfast for Michael in addition to preparing breakfast for the children. Chase states that Michael's breakfasts at times consisted of "granola, organic fresh juice, and things of that nature".

Brazil: ON A TYPICAL DAY, WOULD MR. JACKSON HIMSELF COME AND EAT HIS BREAKFAST, OR WOULD SOMEONE TAKE HIS BREAKFAST TO HIM?

Chase: ON OCCASION, HE WOULD SIT WITH HIS CHILDREN FOR BREAKFAST. AND TYPICALLY, DR. MURRAY WOULD COME DOWN AND BRING JUICES FOR HIM AND TAKE THEM TO HIM.

Chase confirms Murray picked up Michael's breakfast more often than he came downstairs for it himself.

Chase confirms she was working for Michael on June 24th, 2008. She states she arrived that morning between 8:00 a.m. and 8:30 a.m.

Chase states she herself and the children were at the residence when she arrived. She assumes Michael was at the residence. She states she saw Michael that afternoon. She saw Murray that morning (June 24th).

Chase states that on the morning of June 24th, Murray came downstairs to retrieve juices for Michael. Chase confirms again Murray would come to the kitchen.

Brazil: DR. MURRAY WOULD COME DOWN TO THE KITCHEN; IS THAT CORRECT?

Chase states "yes".

Brazil: HE WOULD TAKE IT BACK UPSTAIRS TO THE BEDROOM AREA WHERE MR. JACKSON WOULD BE LOCATED?

Chase: IF THAT IS WHERE HE WAS. HE WOULD TAKE IT UPSTAIRS, YES.

Chase agrees Murray typically came down for juice for Michael before noon.

Chase confirms she prepared lunch for Michael and his children. She prepared ahi tuna salad for them. Chase states they ate their lunch at the dining room table. Chase states she spoke to Michael on June 24th just prior to him eating lunch. She states he came into the kitchen and told her "good afternoon". She replied to him he looked "good today". He asked her if lunch was ready and she responded it was. He told her they would be seated at the dining room table.

Chase is asked if she saw Murray at lunchtime on June 24th. She replies she did not. Chase states she did see him leave the residence between 10:00 a.m. and 10:30 a.m.

Brazil: LATER IN THE DAY, IN THE AFTERNOON, DID YOU PREPARE ANY TYPE OF MEAL OR SNACKS FOR ANY OTHER INDIVIDUALS?

Chase: I PREPARED MR. JACKSON A SNACK FOR HIS REHEARSALS LATER ON THAT LATE AFTERNOON.

Brazil: WERE THOSE REHEARSALS HELD AT THE RESIDENCE ON CAROLWOOD DRIVE?

Chase: THAT DAY, YES. (Rehearsals were held at the Staples Center.)

Chase states she prepared Michael dinner later that night (June 24th). Chase states Michael requested the same tuna salad he had had for lunch to take with him to rehearsals. She states she did not prepare him anything else.

Brazil: WHEN YOU PREPARED DINNERS WHILE AT THE JACKSON RESIDENCE, WOULD IT BE YOUR CUSTOM TO PREPARE DINNER AND TO PUT IN THE REFRIGERATOR FOR MR. JACKSON OR ANYONE ELSE TO EAT AFTER REHEARSAL OR LATER IN THE EVENING AFTER YOU HAD LEFT?

Chase: WELL, IT WAS A REQUEST TO HAVE MR. JACKSON'S MEALS PREPARED FOR HIM WHEN HE RETURNED HOME FROM REHEARSAL AND POSSIBLY DR. MURRAY AS WELL.

Chase states she prepared a Tuscan white bean soup for Michael and/or Murray to eat after rehearsals. She states she left the soup in the refrigerator. Kai states she left the residence on the 24th at approximately 10:00 p.m.

Chase agrees she is familiar with what kind of car Murray drove when he arrived at Carolwood.

Chase: I BELIEVE IT WAS A CHARCOAL GRAY BMW 650 CONVERTIBLE.

Chase states she did not see Murray's car parked at the residence when she left.

Chase states she arrived at the residence between 8:00 a.m. and 8:30 a.m. on June 25th, 2009. Chase states she entered the residence through the service entrance on the side of the house, which was typical of her routine as the entrance is near the kitchen. She states upon her arrival she began preparing breakfast for the children which included granola and almond milk and setting place mats for them to begin their breakfast. She then began preparing juices for Michael and his breakfast as well. Chase states that the soup/items prepared the night before were still in the refrigerator, "untouched".

Chase states that after preparing breakfast she began preparing lunch.

Brazil: DID YOU REMAIN AT THE RESIDENCE OR GO TO THE MARKET?

Chase: I WENT TO THE MARKET WHICH WAS DOWN THE STREET, SO IT TOOK ME ABOUT 30 MINUTES TO COME BACK. THEN I STARTED PREPARING THE LUNCH.

Chase states she went to the market between 9:00 a.m. and 9:30 a.m. She states she returned at approximately 9:45 a.m. She states upon her arrival back to the residence she began preparing lunch. She states nothing unusual was going on at the residence when she returned.

Chase confirms the normal time for lunch for Michael and his children was 12:30 p.m. She states this time was pretty consistent.
Chase states contrary to normal custom, Murray did not pick up the juice she had prepared on the morning of the 25th. Chase states the first time she saw Murray on the 25th was between 12:05 p.m. and 12:10 p.m. Chase states she is certain of the time based on her being a chef, given a part of her job is to prepare meals for a certain time period. She states she checked her cell phone to make sure she was on-time. She states she was making sure she was on track to meet the 12:30 p.m. timeframe.

Brazil: DESCRIBE THE CIRCUMSTANCES THAT YOU SAW DR. MURRAY SHORTLY AFTER 12:00 NOON ON JUNE 25, 2009?

Chase: DR. MURRAY CAME DOWN THE STAIRWELL THAT LED INTO THE KITCHEN PARTIALLY, IN A PANIC AND SCREAMED TO GET HELP, TO GET PRINCE, AND TO CALL FOR SECURITY.

Chase states she immediately dropped what she was doing and ran into the den where the children were playing to retrieve Prince.

Brazil: WHAT DID YOU SAY TO PRINCE?

Murray: I SAID TO PRINCE, "HURRY. DR. MURRAY IS ASKING FOR YOU. I THINK THERE MAY BE SOMETHING WRONG WITH YOUR DAD."

Brazil: WHAT DID YOU SEE PRINCE DO?

Chase: PRINCE AND I THEN CAME TOGETHER BACK INTO THE KITCHEN, RUNNING INTO THE KITCHEN. PRINCE WENT TO GO TO DR. MURRAY, AND I WENT BACK TO WORK.

Chase states at this time Murray was at the top of the stairwell. Chase states when Prince went upstairs, she remained in the kitchen.

Chase states she began to hear the housekeepers cry. The housekeepers were in an open area between the kitchen and a hallway.

Brazil: WAS THE NEXT THING THAT YOU SAW OR HEARD?

Chase: I APPROACHED THE HOUSEKEEPERS, ASKED WHAT THE CAUSE WAS OF THE TEARS, AND THEY HAD MENTIONED THERE MAY BE SOMETHING WRONG WITH MR. JACKSON.

Chase confirms one of the housekeepers told her the statement above.

Chase states shortly after seeing the crying housekeepers she saw Prince. She states she saw Prince with his siblings in the foyer on the first floor near the kitchen.

Chase states at this point she, all three children, the housekeepers, and a nanny were present in the area between the kitchen and the den. Chase states they began consoling each other, praying and holding hands.

Brazil: WHAT WAS THE NEXT THING THAT HAPPENED?

Chase: PARAMEDICS HAD ARRIVED. I HAD SEEN PARAMEDICS RUNNING UP THE STAIRS AND SECURITY RUNNING UP THE STAIRS.

Chase says she was in the foyer when paramedics arrived. Chase states she never went up the stairs when paramedics arrived. Chase states she remained at the residence up until 1:00 p.m. It was at that time she was asked to leave by security. Chase says she did not see the paramedics leave before her departure.

Brazil begins to show Chase some photographs.

The first photograph is of the kitchen area of the Carolwood residence. Via a pointer, Chase indicates where she was in the kitchen when she saw Murray.

Chase indicates she was at the corner of a island in the kitchen when she was instructed by Murray to summons Prince and call security.

Chase states there is a stairway that leads to the kitchen. She assumes they lead to the upstairs but never went up the stairs herself. She states she does not know what is on the second floor.

Chase indicates via a pointer that Murray was between the third and fourth banister posts on the staircase when he descended them for Prince and security. Chase states Murray was leaning over the banister area of the stairs when he called out to her.

Brazil: WHEN DR. MURRAY CALLED OUT TO YOU AND INSTRUCTED YOU TO GET PRINCE AND GET SECURITY, DID HE EVER ASK YOU OR INSTRUCT YOU TO CALL 911?

Chase: NO.

Chase states she did not see and does not know what Murray did after he called for her to get Prince and get security.

Chase is asked to look at another photograph and state for the record where Murray was located on the stairs when asking for Prince and security.

Chase confirms as soon as Murray came down and instructed her to get Prince and security, she went into the den area with the children. Chase states how she got to the den via the kitchen. There is some discussion about directions and the railing on the stairs.

Brazil: MS. CHASE, WHEN DR. MURRAY CAME DOWNSTAIRS AT APPROXIMATELY 12:00 OR 12:05 ON JUNE 25, 2009 AND INSTRUCTED YOU TO GET PRINCE AND GET SECURITY, DID YOU HAVE ANY DIFFICULTY UNDERSTANDING ANYTHING THAT HE SAID TO YOU?

Chase: INITIALLY. THERE WAS MUSIC PLAYING IN THE HOME, AND IT WAS A LITTLE DIFFICULT TO UNDERSTAND HIS ACCENT, BUT HE HAD SHOUTED SEVERAL TIMES.

Brazil: WHEN HE SHOUTED TO YOU, DID HE EVER SHOUT, "CALL 911"?

Chase: NO, HE DID NOT.

Chase confirms she is certain he did not ask for her to call 911. She states he remained at the top portion of the stairs.

Chase states Murray "seemed in a panic" when he asked for Prince and security. She is then asked if she ever saw Murray again after June 25th, 2009. She states she did not.

Chase confirms that another staircase in one of the photographs shown leads up to the upstairs but is a different staircase than the one in the kitchen. Brazil ends her direct examination of Chase.

CROSS-EXAMINATION: MR. LOW

Low introduces himself to Chase as they had not met previously. He then begins his questioning.

Chase states she worked for Michael in March. She was "let go" in May but brought back in June.

Chase confirms her duties as a chef as previously mentioned which included preparing means for others other than the Jackson family, including Murray.

Chase agrees that Michael was "proud" of her cooking.

Low: NOW, IS IT TRUE THAT MR. JACKSON KIND OF HAD A PARTICULAR DIET, IN THAT HE LIKED VERY HEALTHY FOOD?

Chase: NO, MR. JACKSON REQUIRED HEALTHY FOOD. I WAS HIRED TO COOK HEALTHY ORGANIC MEALS FOR MR. JACKSON AND HIS CHILDREN.

Chase confirms she was told "we need you to cook healthy food for Michael Jackson".

Low: IN FACT, DR. MURRAY HAD SOME COMMENTS OR CONTRIBUTION. IN FACT, YOU HAVE SPOKEN TO HIM A NUMBER OF TIMES ABOUT WHAT THAT DIET MIGHT CONSIST OF?

Chase states he did "briefly".

Chase states Michael was required to eat well because of the tour.

Low attempts to ask Chase why it was "required" that the food be healthy.

Chase: BECAUSE HE WANTED TO BE HEALTHY, WANTED HIS CHILDREN TO EAT HEALTHY AND ORGANIC.

Low asks who required the meals prepared be healthy but Chase misunderstand the question and states "the children" were the ones who required such. Low attempts to re-ask the question of who required the meals to be healthy and if anyone other than Michael required her to prepare the food healthy. She states "no".

Chase confirms she had not been to the second floor because there was no reason for her to be up there given she is a chef and her role places her in the kitchen. She states that working for high-powered clients, she uses her professional judgment and understands the need for privacy.

Chase confirms she did not go into a bedroom in the Carolwood residence.

Chase states people did have access to the second floor. Those people included the children but no one else.

Low: SO IS IT FAIR TO SAY YOU HAVE NEVER SEEN SOMEONE, SAY, LIKE DR. CONRAD MURRAY ASCEND THE STAIRS AND GO UP TO THE SECOND LEVEL?

Chase: THE AREA WHERE I WORKED WAS THE KITCHEN AREA. SO IF THERE WAS ANYONE OTHER THAN HIS CHILDREN, THEY WOULD COME DOWN INTO THE KITCHEN. THAT IS WHAT I WOULD SEE, COMING DOWN INTO THE KITCHEN.

Low: NOW, HAD YOU EVER SEEN DR. CONRAD MURRAY COME DOWN THOSE SAME SET OF STAIRS PRIOR TO JUNE 25, 2009?

Chase concurs.

Low: ABOUT HOW MANY TIMES DO YOU THINK DURING THE COURSE OF YOUR EMPLOYMENT THERE?

Chase: WELL, EVERY DAY, EVERY OTHER DAY, SOMETHING LIKE THAT.

Low asks Chase if Murray ever came down the stairs with anything else. She states he did--he would come down with oxygen tanks.

Low: WHEN YOU SAY OXYGEN TANKS, CAN YOU DESCRIBE WHAT YOU SAW OR WHAT THAT LOOKED LIKE?

Chase: THEY WERE METAL TANKS. BLACK, GREEN.

Chase confirms they had a valve on top and maybe hoses. She confirms they were similar to the oxygen tanks sometimes seen used by the elderly, which are at times portable and on wheels.

Chase states she believes Michael was 49 at the time of his death (he was 50). She states she was unaware of any health issues that required him to have "a regular dose of oxygen".

Chase confirms again she used the side service entrance to enter the residence when she arrived at work. She states the door would be locked. She states she unlocked the door by "security and I would knock, and the children would answer the door". She clarifies the children or whomever was in the home would open the door for her, not security themselves. Chase confirms every time she came to work, someone had to let her into the house. She did not have a key to the door and does not know if anyone had a key to the door.

Low shifts focus onto June 25th. Chase confirms that Murray coming down the stairs was her first indication as to something being wrong with Michael.

Chase states Murray looked as if he was in a panic, as if time was of the essence. She felt what he had to say was important and agreed it was important, the situation and his requests were important.

Low: AND ONE OF THE THINGS HE SAID WAS THAT HE WANTED TO FIND THE KIDS; IS THAT TRUE?

Chase: HE ASKED ME TO GET SECURITY AND TO GET PRINCE.

Low: SO WE HAVE TWO THINGS HE WANTS RIGHT NOW. SECURITY IS NUMBER ONE; IS THIS CORRECT?

Chase concurs, and concurs that Prince was second. She states Murray did not say why he required security and Prince and she did not ask him, either. She states after that point he did not ask anything else of her. She states Murray did not ask her to "call security on the phone".

(Side note--why would Murray, the personal physician, be asking Chase, the chef, to get security when he had not one but two cell phones with him that morning and should have been able to call them and 911 as well? It was minutes later Murray called Michael's personal assistant who was not at the residence. He never called 911 himself.)

Chase states Murray did not ask anything else of her and it took about 2 seconds to retrieve Prince after dropping everything she was doing.

Low: THEN WHAT DID YOU DO, MA'AM?

Chase: PRINCE AND I RAN BACK INTO THE KITCHEN, AND I PROCEEDED TO GO BACK TO MY WORK.

Chase is asked why she decided not to call security. She states it was because "Prince was in her eyesight". Low repeats the question.

Low: I UNDERSTAND THAT. WHAT ABOUT THE PART ABOUT CALLING SECURITY. WHY DID YOU DECIDE NOT TO DO THAT?

Chase: WELL, DR. MURRAY WAS IN A PANIC. PRINCE WAS IN MY EYESIGHT. I FIGURED THAT WOULD BE THE BEST THING TO DO INSTEAD OF GOING OUTSIDE TO GO GET SECURITY. I DIDN'T KNOW WHAT WAS TAKING PLACE. I JUST KNEW SOMETHING WAS VERY URGENT.

Low against asks why Chase did not call security. She states again it was because Prince was in her line of vision and states if she were to go outside of the house and locate security it could have taken longer. She states she felt the best choice was to get Prince and take him to Murray. She states she brought Prince into the area and then went back to work. Chase states she believes Prince and Murray were together when she began working again.

Low asks for a moment to confer with his counsel.


Low asks Chase about Sister Rose or Rosalind. Chase confirms seeing her the morning of the 25th with the children in the den. Chase confirms she saw Faheem Muhammad on the morning of the 25th outside in the courtyard but nowhere else. She states she also saw Alberto Alvarez outside in the courtyard. She states she did not see them leave the home. Chase confirms that being in the kitchen she has limited view of the rest of the house outside of the kitchen.

Chase is asked if she knows Michael Amir (Williams). She states she does. She states she does not recall seeing him on the 25th.

Low asks Chase about her cell phone. She confirms she keeps it in her right pocket of her bistro apron. She states her cell phone has the time listed digitally. Low attempts to ask her if she is estimating the time to have been between 12:05 p.m. and 12:10 p.m. She states she was not looking at her phone when Murray was at the stairs.

Chase: AFTER I LOOKED AT MY PHONE, IT WAS NO MORE THAN A FEW MINUTES UNTIL I SAW DR. MURRAY, YES. IT WAS AROUND THAT TIME FRAME.

Chase is asked to estimate the time that went by until paramedics arrived. She states that being in the kitchen she is unsure of when the paramedics arrived given her limited view of the house.

Low: CAN YOU GIVE US AN IDEA THEN FROM THE TIME YOU SAW DR. MURRAY TO THE TIME YOU WERE ABLE TO LOCATE PRINCE, COMMUNICATE WITH PRINCE, AND BRING PRINCE BACK INTO YOUR WORK STATION, WHICH IS THE KITCHEN, CAN YOU GIVE US A BALLPARK ON TIME FOR THAT?

Chase: TWO MINUTES.

Chase states she is unsure who let the paramedics into the house. He concludes his cross-examination.

REDIRECT EXAMINATION: MS. BRAZIL

Chase state she would typically begin preparing juices for Michael around 8:30 a.m. each morning. She again states Murray would typically come down around 10:00 a.m. for the juices.

Chase again confirms looking at her phone at approximately 12:05 p.m. and then seeing Murray at the stairs minutes later. Chase agrees she believes it was less than 5 minutes later.

Brazil: WHEN YOU RAN TO THE STAIR AREA NEAR THE KITCHEN, WERE YOU ABLE TO SEE DR. MURRAY? WAS HE STILL IN YOUR EYESIGHT?

Chase: HE WAS STILL A LITTLE IN MY EYESIGHT, YES.

Chase state she was told to "Get Prince, get security" and thus chose to get Prince because he was in the other room. Chase states Murray did not say to get Prince "or" security, nor did he say get Prince "and" get security. The answer is then stricken because of an objection for leading the witness. Chase again confirms she chose to get Prince over security because Prince was within her eyesight and security was located outside. Brazil finishes her re-direct examination.

RECROSS-EXAMINATION: MR. LOW

Chase confirms Murray's sense of urgency transferred upon her as well confirms the chain of events that followed were due to that sense of urgency.

Low: BECAUSE YOU COULD TELL FROM DR. MURRAY'S DEMEANOR THERE WAS SOMETHING WRONG THERE?

Chase: THAT IS NOT WHEN WE STARTED CRYING, NO.

Chase confirms it was later on that they began crying. She agrees she had not been upstairs to see what was wrong, though.

Low asks if she had never been to the foyer to see the paramedics arrive. She states that is false. She states she saw an empty gurney. She states the housekeepers first began to cry. She states there was an energy in the house that something was wrong.

Chase: WELL, IT WAS A FEELING OF -- IT WAS JUST YOU WERE UNCERTAIN OF WHAT WAS GOING ON, BUT YOU KNEW SOMETHING DIDN'T FEEL RIGHT. THE HOME WAS A HAPPY HOME. THERE WAS MUSIC ALWAYS PLAYING, AND THERE WAS A GREAT SENSE OF GOOD FEELING. KIDS WERE PLAYING, AND DOGS AND CATS AND ANIMALS AND EVERYTHING. IT KIND OF JUST SAT STILL AT THAT POINT.

Chase confirms that the happy environment was a reason she liked working there.

Chase again states she does not know what Murray was doing after he called for Prince.

Low finishes his re-cross examination and the witness is excused.

Stephen Marks' Hearing Testimony--01/10/2011

January 10th, 2011

Stephen Marks

Walgren begins by offering a stipulation regarding the iPhone about to be discussed in Marks' testimony. The stipulation is the iPhone which is about to be discussed is the iPhone taken from Murray on July 28th, 2009, with a phone number of (702) ***-0973. This is the same iPhone Murray had with him on June 25th, 2009. The stipulation is granted.

DIRECT EXAMINATION: MR. WALGREN

Marks states he was a computer forensics examiner in July of 2009. He has since retired. He was employed by the DEA (Drug Enforcement Agency)in Norton, Virginia for 7 years. Marks states his job was to extract evidence from digital devices and then organize it for use by investigators. Marks confirms he has testified previously in such regard, testifying as an expert in the field of computer forensic examination.

Marks confirms he conducted an analysis for Murray's iPhone mentioned above. Walgren begins asking Marks about screenshots and how such pertains to an iPhone.

Marks: AS IT RELATES TO AN I-PHONE, THE OPERATING SYSTEM OF AN I-PHONE WILL SAVE WHAT'S DISPLAYED ON THE SCREEN INTO MEMORY FOR REASONS OF POSSIBLY RECALLING IT. IT'S A TEMPORARY SAVING OF AN IMAGE OF WHAT'S ON THE SCREEN.

Walgren clarifies that "an image" pertains to what someone physically sees when looking at their iPhone, and this image is saved to the memory of the phone.

Marks confirms this image in typically saved in a .jpeg format, as many photos are in this same format.

Walgren: OKAY. AND IS IT PLACED SOMEWHERE SPECIFICALLY ON THE I-PHONE, OR IS IT JUST FLOATING AROUND IN AN OPEN MEMORY SPACE? OR WHERE IS IT?

Marks: BOTH. IT DEPENDS UPON WHETHER THE OPERATING SYSTEM IS MAKING IT AVAILABLE FOR RECALL OR WHETHER IT'S AN IMAGE WHICH HAS BEEN SAVED PREVIOUSLY BUT IS NO LONGER IN USE.

Marks is asked about "allocated space" and states he is familiar with the term.

Marks: YES. ALLOCATED SPACE IS SPACE ON A DIGITAL DEVICE WHICH THE OPERATING SYSTEM IS ACTIVELY USING. IN OTHER WORDS, IF YOU HAVE A STORAGE AREA, THE OPERATING SYSTEM WILL KEEP TRACK OF WHAT'S STORED IN PARTICULAR AREAS WITHIN THAT. AND IT WILL RECALL THAT DATA. UNALLOCATED SPACE IS SPACE WHERE THE OPERATING SYSTEM HAS DETERMINED THAT IT NO LONGER NEEDS THE DATA WHICH IS SAVED THERE AND IN ITS INDEX MARKS IT AS NO LONGER BEING NECESSARY. AND IT WILL BE OVERRIDDEN IN TIME.

Walgren asks Marks if once a screenshot is placed into an unallocated space, would it be overridden eventually? Marks states it is dependent upon the storage on the device, but yes, it would. It will be set up to eventually be overridden if in unallocated space. Marks states the larger the storage area for unallocated space on the phone, the less chance of being overridden.

Marks confirms he conducted an analysis of Murray's iPhone, including an analysis of the unallocated space on the phone. Marks confirms he was able to locate some screenshots.

Marks confirms that some screenshots contain a date. Makrs states some may actually contain a graphic depiction of the date on the screenshot itself. He states for others, if the screenshot coincides with data, sometimes a date can be attached to it that way as well.

Marks confirms there were a large number of screenshots available on Murray's iPhone, but there was a limited number for which he could assign dates.

Walgren shows several exhibits to the defense for which there is no objection.

The first exhibit (People's 46) is a screenshot that was recovered from the allocated space of the iPhone. The screenshot was most recently updated on June 25th, 2009 at 7:03 a.m. This particular screenshot contains the actual date.

Walgren: OKAY. AND BASED ON YOUR TESTIMONY THEN, DOES THIS REFLECT THAT AT 7:03 OR SOMETIME THEREAFTER THE PERSON IN POSSESSION OF THIS I-PHONE WAS VIEWING THIS SCREENSHOT THAT WE SEE HERE IN PEOPLE'S 46?

Marks confirms this to be accurate.

Walgren moves onto the next exhibit which is People's 47. Marks confirms it is a screenshot with a date of June 25th, 2009 at 9:45 a.m., signifying the phone was viewed at that time or later.

Marks states he was able to recover an email during that time. Marks states the email was located in the email database on the phone.

Walgren: OKAY. AND DID THAT E-MAIL ALSO REFLECT AN EXCHANGE OF E-MAILS ALL DATED OR THE RELEVANT ONES DATED JUNE 25, 2009?

Marks: YES. THAT E-MAIL WAS REFERRED TO AS A THREAD WHICH WOULD BE A SERIES OF LINKED COMMUNICATIONS.

Marks is asked to focus his attention upon an email (People's 48) with a date of June 25th, with the greeting "Hi, Conrad" and a an electronic signature from Bob Taylor of Robertson Taylor Insurance Brokers in London. Marks confirms the email was sent from London. Marks confirms the email was sent at 5:54 a.m. Los Angeles time. Marks confirms he was able to retrieve the contents of the email.

Walgren: OKAY. AND IT APPEARS TO BE FROM AN INSURANCE BROKER REGARDING THE UPCOMING TOUR?

Marks: I DON'T KNOW IF HE IS AN INSURANCE BROKER. I KNOW THAT THE SUBJECT MATTER IS THE INSURANCE FOR THE CANCELLATION POLICY, YES.

Marks confirms the email appears to have included "specific inquires" regarding the health of Michael Jackson.

Marks and Walgren discuss how the contents may have been displayed. Marks states the email being discussed would be visible to the reader, the actual verbiage, though a user may use differing applications to view the actual words.

Walgren: AND THAT INCLUDES THE SENTENCE, "YOU CONFIRM THAT AS FAR AS YOU ARE AWARE YOU ARE THE ONLY DOCTOR CONSULTED DURING THE THREE-YEAR PERIOD."

Marks confirms he sees the line reference above.

Walgren: AND PROCEEDING THAT SENTENCE WAS, "I HAVE ADVISED THE INSURERS THAT YOUR RECORDS GO BACK FROM THE PRESENT TIME TO 2006 WHEN YOU FIRST MET WITH M.J. IN NEVADA"; IS THAT RIGHT?

Marks confirms this to be true. Marks confirms there to be a series of questions pertaining to press reports regarding Michael's health. Marks confirms he was able to detect the email was read. The screenshot of the email being read is labeled as People's 50.

Marks states he does see in People's 50 the line, "From Bob Taylor and the to Conrad" as well as the time of 5:54 a.m. Marks confirms the date of June 25th and he can see the greeting "Hi, Conrad".

Marks again confirms the email was read and there was a response to the email.

Walgren: DIRECTING YOUR ATTENTION TO WHAT WAS MARKED PEOPLE'S 49 FOR IDENTIFICATION, WAS THIS THE RESPONSE OF E-MAIL THAT YOU HE OBTAINED FROM YOUR FORENSIC ANALYSIS OF THE I-PHONE?

Marks concurs and agrees the email contains the same subject line which was "Artist Insurance".

Marks confirms the email was from Conrad Murray ("FROM CONRAD MURRAY BEING DOCTOR DOT MURRAY AT G.C.A. AT SBC GLOBAL DOT NET") to Bob Taylor. Marks confirms the reply sent by Murray was sent at 11:17 a.m. Los Angeles time as of June 25th, 2009.

Marks confirms the email begins with "Dear Bob" and is signed with "Sincerely, Conrad Murrray".

Walgren: "THAT AUTHORIZATION FOR RELEASE OF HIS MEDICAL RECORDS IN ORDER TO ASSIST YOU TO PROCURE CANCELLATION INSURANCE POLICY FOR HIS SHOW. HOWEVER, AUTHORIZATION WAS DENIED." GOES ON TO SAY, "IN REGARDING TO THE PRESS INQUIRIES, AS FAR AS THE STATEMENTS OF HIS HEALTH PUBLISHED BY THE PRESS, LET ME SAY THEY'RE ALL FALICOUS TO THE BEST OF MY KNOWLEDGE. SINCERELY, CONRAD MURRAY."

Marks is able to confirm the email sent apparently by Murray was sent at 11:17 a.m. and was created by and sent from the iPhone per a screenshot.

Marks confirms that People's 50 (this is later found to be a mistake, it should be marked as People's 51) is a screenshot for the screen one would use to enter information for an email.

Walgren: AND THE TEXT, YOU CAN SEE WHAT APPEARS TO BE THE BOTTOM HALF OF THE GREETING, "DEAR BOB?"

Marks states "yes".

Walgren: STARTING WITH "I'M IN RECEIPT OF YOUR E-MAIL?"

Marks confirms this to be true. He also confirms the information in the screenshot matches up to the full-email that was recovered.

Walgren: AND THIS KEYBOARD VISIBLE HERE, IS THAT THE KEYBOARD THAT POPS UP ON AN I-PHONE WHEN YOU WANT TO USE YOUR FINGERS TO SEND AN E-MAIL?

Marks confirms this to be accurate. He continues...

Marks: I SHOULD ALSO ADD TO MY PREVIOUS STATEMENT THAT I FOUND A REPLY TO THIS. SO IT DOES APPEAR THAT IT WAS SENT.

Walgren again confirms they are discussing the email that was sent at 11:17 a.m. Walgren concludes his direct examination.

CROSS-EXAMINATION: MR. CHERNOFF

Chernoff asks Marks if there were forwarded emails attached to the email from the insurance broker. Marks confirms this to be true.

Chernoff: AND THE E-MAILS THAT WILL WERE ATTACHED THAT WERE FORWARDED, DID YOU OBSERVE THAT THEY WERE, THEY SEEMED TO BE SENT BACK AND FORTH TO ACCOMPANY INDIVIDUALS REGARDING MICHAEL JACKSON'S INSURANCE ISSUES?

Marks concurs.

Chernoff asks if these individuals were with AEG but Marks is not able to specifically recall. Marks is asked if he recalls someone by the name of Sean Trell in any of the emails but states he cannot recall the name and would need to review the emails to be able to answer. Chernoff asks Marks if the emails are available to him to which he states they are available to him. Chernoff concludes his cross-examination.

Upon re-direct examination Walgren clarifies misstating an evidence item.

He clarifies the following:

People's 46 was the timestamp of 7:03 a.m.

People's 47 was the timestamp of 9:45 a.m.

People's 48 was the email from Bob Taylor sent at 5:54 a.m.

People's 49 is the response by Conrad Murray at 11:17 a.m.

People's 50 is the screenshot reflecting the reading of the email mentioned above.

Walgren states he may have called People's 51 People's 50 by mistake earlier. People's 51 is a screenshot showing the keyboard and the responsive email being sent from Murray to Taylor.

Walgren has nothing further. Chernoff declines to re-cross Marks. Marks is excused.

Saturday, September 17, 2011

Kenny Ortega's Hearing Testimony--01/04/11

January 4th, 2011

Kenny Ortega

DIRECT EXAMINATION: MR. WALGREN

Kenneth (Kenny) Ortega is a director and choreographer who works in film, TV and theatrical productions. He has worked as a choreographer for over 30 years and as a director over 20 years. Ortega states he first met Michael in 1991 as he was approached by Michael to work with him as the director for his "Dangerous" tour. Ortega accepted the offer to work on the Dangerous tour as a director working with choreography. Ortega states that Michael was "always the lead choreographer" but they worked with other choreographers as well.

Ortega says he remained in contact with Michael between 1991-2009. He states that most of the time that they saw each other, it was when they were either starting up or in the process of rehearsing a production. Ortega states he and Michael had talked in advance of starting "This Is It" because Michael was "looking for something, wanting to do the right thing at the right time, not just do something because he could, because it was being offered to him". Ortega said Michael would call sometimes and they had dinner a few times as well. He also states Michael came to see a concert with his children that Ortega himself had directed. Ortega agrees the time they spent together was mostly for professional reasons.

Ortega states discussions about the direction and choreography for "This Is it" began in April, 2009. Ortega agrees he joined "This Is It" at that time as well. Ortega states he and Michael co-directed and co-created the stage productions.

Walgren: BEGINNING IN ABOUT APRIL 2009, HOW FREQUENTLY DID YOU SEE MICHAEL JACKSON?

Ortega: MAYBE THREE OR FOUR DAYS A WEEK IN THE BEGINNING WHEN WE STARTED THE CREATIVE DISCUSSIONS, AND FOUR TO FIVE DAYS A WEEK ONCE WE GOT INTO PRODUCTION, INTO REHEARSALS.

Ortega confirms the latter frequency occurred until June 25th.

Walgren: CAN YOU DESCRIBE FOR THE COURT MICHAEL'S GENERAL DEMEANOR AND VIEW ON THIS UPCOMING TOUR?

Ortega: HE CALLED AND INVITED ME TO BE A PART OF IT, AND HE SAID TO ME, "THIS IS IT. I FEEL GREAT ABOUT THIS. THERE IS GREAT REASON TO DO THIS. I BELIEVE IN IT, AND IWOULD LIKE YOU TO BE THERE WITH ME" AND HE WAS JUST EXTREMELY EXCITED ABOUT IT. HE BELIEVED THAT THIS WAS SOMETHING, YOU KNOW, REALLY RIGHT AND EXCITING, THAT HAD TREMENDOUS POTENTIAL TO BE CREATIVE AND IMPORTANT AND IN THE BEGINNING, I THINK, YOU KNOW, MICHAEL MORE THAN ANYTHING, YOU KNOW, REALLY SHARED HIS REASONS FOR WANTING TO DO IT WITH ME. BEFORE WE TALKED ABOUT WHAT WE WERE GOING TO DO, YOU KNOW, THAT THERE WERE IMPORTANT REASONS THAT HE CHOSE TO DO IT NOW.

Ortega is asked what those "reasons" were and he replies that Michael felt it was a good time to tour again, especially given his children's ages and their ability to now appreciate what he did as a performer and entertainer. Ortega also states Michael wanted to do it for his fans, to perform again for them, and to use "This Is It" as a platform to bring about awareness for the planet, the environment and the people within it.

Ortega is asked if Michael ever shared any plans beyond that of the tour with him. He states that yes, he did, during the midst of rehearsals.

Ortega: ...MICHAEL ASKED ME IF I HAD EVER BEEN TO INDIA, AND I SAID, "NO. IT WAS ALWAYS A PLACE I WANTED TO VISIT" AND HE SAID, "WELL, WE WILL GO THERE AND WHATEVER YOU ARE DOING, YOU'LL HAVE TO DROP IT. I WANT YOU TO COME. I WANT YOU TO SEE. IT IS A BEAUTIFUL PLACE." HE ASKED ME IF I HAD EVER BEEN TO JAPAN. I SAID, "YES, I REALLY LOVED THE CULTURE AND PEOPLE." HE SAID, YOU KNOW, "WE MUST GO BACK TO ALL OF THESE PLACES, TAKE THE SHOW BACK TO ALL OF THESE PLACES" AND THAT WE TALKED ABOUT IT. MICHAEL FELT THAT AFTER THE 50 SHOWS --

Chernoff objects and the Court sustains the objection based on narration.

Walgren asks Ortega if there was any professional post-tour plans discussed between Ortega and Michael. Ortega confirms there were plans discussed with him.

Ortega: AFTER MICHAEL FINISHED TOURING, HE WANTED TO COME BACK AND WORK WITH ME AS A DIRECTOR ON MOTION PICTURES...MICHAEL REALLY LOVED FILM-MAKING, ALWAYS HAS, AND WANTED TO SPEND THE NEXT YEARS DEVELOPING MOTION PICTURE IDEAS AND WANTED ME TO BE A PART OF THAT.

Ortega confirms he was part of the rehearsals that began at Center Stage Studio in Burbank. Ortega agrees this is where rehearsals officially began for the "This Is It" tour. Ortega confirms Michael was part of the actual rehearsals at Center Stage. Ortega states he believes these particular rehearsals began around the very beginning of May or possibly the end of April.

Ortega confirms that in June the rehearsals were moved to the Forum in Los Angeles. Ortega confirms these were "more large-scale rehearsals".

Ortega confirms rehearsals were moved again to the Staples Center. Ortega confirms these were even "more large-scale" than that of the rehearsals at the Forum. Ortega confirms he was on-site at the Staples Center rehearsals essentially every day. Ortega has difficulty recalling when the rehearsals began at the Staples Center. He believes they took place for three weeks at the Forum so he suspects that rehearsals were at the Staples Center the last week during which Michael was alive.

Walgren: YOU TESTIFIED THAT MICHAEL WAS VERY ENERGETIC, EXCITED ABOUT THIS TOUR. WAS HE EXHIBITING THAT SAME DEMEANOR AT THE TIME PERIOD WE ARE TALKING ABOUT WHEN REHEARSALS WERE TAKING PLACE AT THE STAPLES CENTER?

Ortega: PART OF THAT TIME.

Ortega is asked about the general schedule for the rehearsals. He states that different crew (ex. band, dancers, Michael himself, etc.) came in at different times. Ortega states Michael would typically arrive at rehearsals late in the afternoon with rehearsals going into the late evening hours. Ortega states he believes Michael's participation in the rehearsals was 6 hours, maximum, in duration, about 4 times a week. Ortega confirms these were physical rehearsals in which Michael physically took part, including dancing.

Ortega confirms Michael was involved in every decision creatively. He states Michael made the executive decisions on everything "creative" with the show. Ortega states he was there to offer suggestions but Michael gave the "last word" on creative elements.

Walgren: NOW, MR. ORTEGA, I WANT TO GO FORWARD TO FRIDAY, JUNE 19, 2009. DO YOU REMEMBER AN INCIDENT TAKING PLACE AT REHEARSALS ON THAT DATE, JUNE 19, 2009?

Ortega confirms he does recall an incident taking place.

Ortega states he was at rehearsals and it had been a good day at rehearsals. He states when Michael arrived he "didn't appear well at all".

Walgren: WHAT DID YOU PHYSICALLY OBSERVE YOURSELF?

Ortega: I, ALONG WITH OTHERS, OBSERVED THAT MICHAEL WAS CHILLED AND SOFT-SPOKEN. AND HE SEEMED, YOU KNOW, JUST NOT WELL.

Ortega states that Michael did not indicate to him that he did not feel well. Ortega gathered the impression Michael was not well via physical observation of Michael.

Ortega states he had concerns about Michael when he noted his appearance. Ortega felt he was not in a condition suitable for rehearsals, that he "did not seem well enough to be there".

Walgren: DID MICHAEL, IN FACT, THEN REHEARSE ON THAT DATE OF JUNE 19, 2009?

Ortega states he did not. Walgren asks what did Michael do instead.

Ortega: HE OPTED OUT OF REHEARSALS, DID NOT WANT TO GO HOME AT FIRST, AND ASKED IF I WOULD HAVE THE CHOREOGRAPHER STEP ON STAGE AND GO THROUGH HIS MOVEMENTS AND THAT HE WANTED TO SIT OUT AND WATCH REHEARSAL WITH ME AT HIS SIDE.

Ortega states initially they did observe rehearsals from the arena seating area.

Walgren: THEN WHAT HAPPENED?

Ortega: I JUST FELT THAT HE WAS -- HE JUST APPEARED, YOU KNOW, REALLY LOST. IT WAS SCARY. I DIDN'T KNOW WHAT WAS WRONG, BUT I KNEW THAT THERE WAS SOMETHING GOING ON. I COULDN'T PUT MY FINGER ON IT, BUT IT FELT SCARY AND I SAID, "MICHAEL, YOU KNOW, DO YOU REALLY FEEL THIS IS THE BEST PLACE FOR YOU TO BE?" AND I SAID, "OR WOULD YOU RATHER GO HOME, BE WITH FAMILY?" HE SAID, YOU KNOW, "WOULD YOU BE OKAY WITH THAT?" I SAID, "ABSOLUTELY. OF COURSE, I WOULD BE OKAY WITH THAT." AND SO THEN HE LEFT.

Walgren: HAD YOU SEEN MICHAEL IN THAT KIND OF CONDITION PREVIOUSLY?

Ortega: NO.

Ortega is then asked about a meeting that took place at Michael's residence at 100 North Carolwood Drive in Los Angeles. Ortega confirms he attended that meeting. Ortega states he believes he was told about the meeting by Paul Gongaware, Production Manager. Ortega states he did not know what the meeting was about.

Ortega: MICHAEL WAS THERE. DR. MURRAY WAS THERE.

Walgren asks Ortega to identify Murray in court for the record and then continues asking who else was present during the meeting.

Ortega: FRANK DI LEO, MICHAEL'S MANAGER AND RANDY PHILLIPS.

Walgren asks Ortega if he had met Murray before the meeting. He states he had. Ortega states he first met Murray at the house where he was introduced by Michael. Ortega says he believes his introduction to Murray occurred sometime in April or May, 2009.

Walgren asks Ortega what initially occurred at the meeting.

Ortega: IT QUICKLY BECAME CLEAR THAT THE MEETING WASABOUT ME AND THAT THE DOCTOR --

Walgren: DR. MURRAY?

Ortega: DR. MURRAY WAS UPSET THAT I HAD SENT MICHAEL HOME AND DIDN'T ALLOW HIM TO REHEARSE THE NIGHT BEFORE WHICH, OF COURSE, WASN'T WHAT HAPPENED AND ALSO BECAUSE I HAD VOICED MY CONCERNS ABOUT MICHAEL'S HEALTH THAT EVENING OR STATE THAT EVENING, THAT DR. MURRAY TOLD ME THAT THIS WAS NOT MY RESPONSIBILITY AND ASKED ME TO NOT ACT LIKE A DOCTOR OR A PSYCHOLOGIST, AND TO BE THE DIRECTOR OF THE SHOW AND TO LEAVE MICHAEL'S HEALTH TO HIM.

Walgren: OKAY. WHAT WAS DR. MURRAY'S DEMEANOR AS HE IS SAYING THESE THINGS TO YOU?

Ortega: SCOLDING.

Ortega is asked if he tried to explain the situation and states he did, that he tried to explain it was not about preventing Michael from going on stage.

Ortega: YEAH. I TRIED TO EXPLAIN THAT IT WASN'T ABOUT PREVENTING MICHAEL FROM GOING ON STAGE. THAT IT WAS A CHOICE THAT WE MADE TOGETHER. THAT IN MY OPINION I DIDN'T FEEL MICHAEL WAS HEALTHY ENOUGH TO BE ON STAGE. IT COULD HAVE PUT HIM IN DANGER OR OTHERS. AND THAT MICHAEL'S LEAVING WAS MICHAEL'S CHOICE AND NOT MINE. YOU KNOW, THAT I SUPPORTED IT, BUT IT WAS MICHAEL'S CHOICE.

Walgren asks Ortega if Murray elaborated any about what role Ortega should have versus the role Murray had.

Ortega: JUST THAT IT WAS BETTER FOR ALL THAT I FOCUS ON DIRECTING THE SHOW AND NOT CONCERNING MYSELF WITH MICHAEL'S HEALTH BECAUSE HE SAID MICHAEL WAS PHYSICALLY AND EMOTIONALLY FINE AND WAS CAPABLE OF HANDLING ALL OF HIS RESPONSIBILITIES WITH THE SHOW, AND THAT SHOULD NOT BE MY CONCERN.

Ortega confirms this is what Murray told him.

Ortega states it was a "long weekend" and there were no rehearsals scheduled for June 20th. He states rehearsals resumed on Tuesday, June 23rd at the Staples Center.

Walgren asks Ortega how that rehearsal went. Ortega states it went over "fantastic". He states Michael was in great form and was like his original self, "the Michael we all knew and loved". He states Michael was excited and took the reins and was there not only to rehearse but also to answer creative questions. He states he was in a delightful mood and reiterates the day was "fantastic".

Ortega states that the June 24th rehearsal was "similar" to the rehearsal June 23rd--he was active in rehearsal and the production. Ortega confirms this would be Michael's last rehearsal.

Walgren: DO YOU RECALL A CONVERSATION YOU HAD WITH MICHAEL AT THE CONCLUSION OF THE REHEARSAL WHERE HE ASKED YOU IF YOU WERE HAPPY?

Ortega: WE HAD TWO WONDERFUL DAYS OF REHEARSALS. SO MUCH CAME TOGETHER IN THOSE TWO DAYS. I WAS FEELING SO GOOD AND SO CONFIDENT, AND I THINK IT WAS FELT EVERYWHERE IN THE ENTIRE ROOM. MICHAEL ASKED ME IF I WAS HAPPY, AND I SAID "I'M VERY HAPPY." AND I ASKED HIM IF HE WAS HAPPY, AND HE SAID HE WAS VERY, VERY HAPPY. THAT HE FELT THE DREAM, YOU KNOW, THERE. HE ASKED ME TO THANK EVERYONE ON THE CREW AND ALL THE ARTISTS FOR ALL THEIR HARD WORK OVER THE LAST COUPLE OF NIGHTS, AND TELL EVERYBODY HE LOVED THEM AND APPRECIATED THE HARD WORK THEY WERE PUTTING IN. AND I TALKED TO HIM ABOUT WHAT THE NEXT DAY'S REHEARSAL WAS, AND HE WAS EXCITED BECAUSE WE WERE GOING TO REHEARSE AN ILLUSION.

Ortega explains the illusion was part of the tour and the equipment for the illusion was coming into the station the next day. After the discussion about the illusion, Ortega said they said their goodnights and wrapped rehearsals up shortly thereafter.

Ortega states he learned of the events on June 25th while at rehearsals at the Staples Center. He believes he learned of the events via a telephone call from Paul Gongaware.

Walgren asks Ortega if he had asked Gongaware to share something, information or a message, with Michael. Ortega clarifies the question.

Ortega: NO. THAT WAS EARLIER. THAT WASN'T AT THAT POINT WHEN I RECEIVED THAT CALL.

Walgren: I'M SORRY. EARLIER ON THURSDAY, JUNE 25, DID YOU SPEAK TO RANDY PHILLIPS?

Ortega states he did. Walgren asks Ortega what he told Phillips.

Ortega: I WAS ON MY WAY TO REHEARSAL, AND I KNEW THAT RANDY WAS PICKING MICHAEL UP THAT DAY. THEY WERE MEETING FOR SOME REASON, THEN HE WAS GOING TO BRING HIM TO REHEARSAL. I SAID, "PLEASE LET MICHAEL KNOW HOW EXCITED, HOW GREAT I FEEL ABOUT THE LAST COUPLE OF DAYS AND HOW MUCH I'M LOOKING FORWARD TO HIM, YOU KNOW, REHEARSING THIS AFTERNOON." AND RANDY SAID TO ME, "I THOUGHT YOU WERE CALLING FOR A DIFFERENT REASON. I'M AT THE HOUSE, AND THERE IS AN AMBULANCE LEAVING THE PROPERTY."

Walgren completes his direct examination of Ortega.

CROSS-EXAMINATION: BY MR. CHERNOFF

Chernoff asks Ortega if he has good reputation as a choreographer in the community. Ortega states he would think he does. Chernoff asks if the survival of the success of the show would affect or enhance his reputation as a choreographer. Ortega believes so. Chernoff then asks if it had been a bad show, if "This Is It" had been a failure, if it would have also affected his reputation. Ortega disagrees. Chernoff then begins to ask about the assembling of dancers to which Ortega notifies him he was not the choreographer for the show. Ortega states he was the director and creator along with Michael. Chernoff again asks if the show had turned out to be poor, could this affect his reputation? Ortega states it could have, but he did not worry about such in this situation.

Chernoff: YOU TALKED ABOUT THIS MEETING THAT WAS HELD ON JUNE 20, AND YOU SAID THAT IT WAS HELD BECAUSE OF YOU. THAT WAS YOUR IMPRESSION; IS THAT RIGHT?

Ortega: WELL, THE PART OF THE MEETING THAT I WAS THERE FOR WAS ABOUT ME.

Chernoff: DID YOU THINK IT WAS CALLED BECAUSE OF YOU?

Ortega states he felt it was and upon his arrival it became "all about" him. Ortega states he did not know who called the meeting.

Chernoff tries to state Paul Gongaware was at the meeting but Ortega corrects him stating he was not at the meeting. Ortega confirms DiLeo was at the meeting. Ortega confirms DiLeo was Michael's manager.

Chernoff: WHAT ABOUT RANDY PHILLIPS. WHO IS RANDY PHILLIPS?

Ortega: RANDY PHILLIPS WAS THE PROMOTER FOR "THIS IS IT."

Chernoff asks if Phillips was an elite within the company AEG. Ortega confirms he is.

Chernoff: NOW, YOU SAID THAT ON THE 19TH, YOU OBSERVED MICHAEL JACKSON TO BE SWEATING AND COLD. IS THAT WHAT YOU SAID?

Ortega: NOT SWEATING. CHILLED.

Chernoff and Ortega wage words about whether or not Ortega had ever seen Michael appearing ill.

Chernoff: IS THIS THE FIRST TIME HE HAD EVER COME TO THE REHEARSALS AND LOOKED LIKE HE COULDN'T PERFORM?

Ortega states "yes".

Chernoff: AND YOU HAD NO REASON TO SUSPECT, YOU ARE SAYING, PRIOR TO THAT TIME THAT HE WAS SICKLY OR HAD ANY PROBLEMS THAT WOULD MAKE IT DIFFICULT FOR HIM TO PERFORM?

Ortega: YOU KNOW, I CAN'T ANSWER THAT IN A SIMPLE YES OR NO. IF YOU WANT TO REPHRASE IT.

Chernoff declines to rephrase and tells Ortega he can answer however he wishes.

Ortega: FOR THE MOST PART, I BELIEVED THAT WE WERE HEADED TO GREATNESS AND THAT MICHAEL'S VISION WAS GOING TO BE ACCOMPLISHED, AND THAT THERE WERE TIMES WHERE I, YOU KNOW, QUESTIONED IT, YOU KNOW.

Chernoff asks why he questioned there were times he was uncertain at times.

Ortega: JUST BECAUSE MICHAEL WASN'T ALWAYS -- DIDN'T ALWAYS SHOW UP. HE HAD A PERIOD OF TIME WHERE HE WAS SORT OF MISSING AND JUST CREATED ANXIETY FOR ME BECAUSE I WAS THERE TO, YOU KNOW, HONOR THIS COMMITMENT. AND IT WAS DIFFICULT TO MOVE FORWARD WITHOUT MICHAEL'S INVOLVEMENT BECAUSE HE WAS THE PERSON THAT HAD TO MAKE DECISIONS.

Ortega confirms he needed Michael's help and he was not there at times. Ortega states he did not know why he was not showing up to rehearsals.

Ortega confirms Michael was shaking, cold and soft-spoken.

Chernoff: WAS THERE ANYTHING ELSE YOU OBSERVED DURING THAT TIME THAT YOU COULD HELP US UNDERSTAND HOW HE WAS?

Ortega: HE JUST SEEMED LIKE SORT OF, YOU KNOW, IN HIMSELF, YOU KNOW. HE JUST SEEMED TO BE IN A STATE THAT DIDN'T SEEM LIKE HE WAS, YOU KNOW, PRESENT LIKE HE NORMALLY WAS.

Ortega is asked if he appeared to be in pain or was nauseous. He states he was not sure, he was confused and troubled by his state. Ortega states he was "thrown" by Michael's appearance on the 19th.

Chernoff: NOW, LET'S GO BACK TO THE MEETING ON THE 20TH. YOU WOULD AGREE WITH ME THAT THE NUMBER OF PEOPLE AND THE PEOPLE THAT WERE PRESENT AT THAT MEETING WAS NOTEXACTLY INDICATIVE OF A MEETING YOU HAD WHEN SOMEONE GETS SICK FOR ONE DAY. YOU HAD A LOT OF PEOPLE THERE TALKING ABOUT MICHAEL JACKSON'S CONDITION, RIGHT?

Walgren objects. Chernoff re-asks the question.

Chernoff: YOU HAD A LOT OF PEOPLE THERE AT THAT MEETING ON JUNE 20, INCLUDING THE HEAD OF PRODUCTION AT A.E.G., RIGHT?

Ortega: FIRST OF ALL, I DON'T KNOW THAT RANDY IS THE HEAD OF PRODUCTION AT A.E.G. THERE WAS MICHAEL, MYSELF, DR. MURRAY, RANDY PHILLIPS, AND MICHAEL'S MANAGER.

Chernoff attempts to ask Ortega who is Phillip's superior or boss. Ortega states he does not know but it may be someone named "Phil Liwiky" (Perhaps he was thinking of Tim Leiweke and/or Phil Anschutz.)

Chernoff: THE CONVERSATION AT THE MEETING ON JUNE 20, AS YOU RECALL, WAS ABOUT THE FACT THAT JACKSON HAD BEEN SICK ON FREQUENT OCCASIONS AND HAD BEEN MISSING REHEARSALS. DO YOU REMEMBER THAT CONVERSATION?

Ortega states he does not recall such.

Chernoff: DO YOU REMEMBER THREE WEEKS PRIOR TO THAT MEETING YOU HAD THE SAME TYPE OF MEETING AT MR. JACKSON'S RESIDENCE ON CAROLWOOD AND THE SAME MEMBERS WERE PRESENT AT THAT MEETING. DO YOU REMEMBER THAT?

Ortega states he does not.

Chernoff: YOU DON'T REMEMBER RANDY PHILLIPS, GONGAWARE, DI LEO, AND DR. MURRAY PRESENT THREE WEEKS PRIOR?

Ortega again states he does not recall such.

Chernoff asks Ortega if he began directing "This Is It" toward the end of April. Ortega states it was more like the middle of April.

Chernoff asks how many rehearsals Michael missed from mid-April until June 19th.

Ortega: HE MISSED A NUMBER OF REHEARSALS IN A PERIOD. IT WASN'T -- IT WAS LATER IN REHEARSAL THAT HE SUDDENLY WAS MISSING FROM REHEARSALS.

Ortega confirms there was some discussion with AEG and others about Michael missing those rehearsals. Ortega states he believes there was some concern, at least from his perspective.

Chernoff: ON THE 19TH, THOUGH, THAT WAS THE FIRST TIME THAT YOU HAD EVER SEEN HIM IN THAT PARTICULAR CONDITION, RIGHT?

Ortega confirms this to be true.

Chernoff asks Ortega if he has ever had any experience with drug withdrawal, as in, seeing someone go through it. Ortega denies ever having experience with such.

Chernoff: DO YOU RECALL AT THE MEETING ON THE 20TH YELLING AT MICHAEL JACKSON, TELLING HIM HE NEEDED TO GET BACK INTO THE SHOW, TO START SHOWING UP, TO START OPERATING BETTER? DO YOU REMEMBER THAT CONVERSATION?

Ortega states he does not recall such.

Chernoff asks Ortega if he recalls having a discussion with Karen Faye, Michael's make-up and hair artist.

Chernoff asks Ortega if he recalls having a conversation with Faye after the meeting held on the 20th about the meeting itself that occurred at Carolwood. Ortega states he cannot recall having a meeting or discussion with her that meeting.

Chernoff: DO YOU RECALL TELLING KAREN FAY THAT YOU READ MICHAEL JACKSON THE RIOT ACT?

Walgren objects but the objections is overruled.

Ortega states "no".
Chernoff: IF SHE WERE TO REMEMBER THAT, SHE WOULD HAVE MISREMEMBERED THAT?

Walgren objects and sustains the objection.

Chernoff asks Ortega if he recalls advising Faye not to "placate" Michael. Ortega states he does not know what "placate" means. Chernoff asks Ortega if he ever advised Faye how to treat Michael after June 20th. He states he did not. Chernoff is asked to re-ask his questions and Ortega states he does not recall discussing anything with Faye regarding how she should treat Michael.

Chernoff asks Ortega when Michael left rehearsals on the 19th. Ortega states mid-evening but states he cannot recall a time, that the times would fluctuate. Chernoff asks if it was midnight or 1:00 a.m. Ortega estimates it was around 8:00 p.m. or 9:00 p.m.

Chernoff: DO YOU RECALL WHAT TIME HE SHOWED UP FOR THAT MEETING?

Ortega states it was a few hours before.

Ortega states Michael stayed about 2-3 hours at rehearsals on the 19th.

Ortega is asked when the meeting on the 20th was called. He states he believes it was in the afternoon or late morning. He believes he received the call to attend the meeting sometime earlier that morning.

Ortega denies that the meeting appeared to be an emergency meeting. He states he was simply told to show up for a meeting.

Ortega confirms that when he began working with Michael, "This Is It" was already scheduled to be 50 shows. He states he does not know how many were scheduled earlier. Ortega states he recalls hearing something to the effect that the number of shows had been increased "by popular demand" to perhaps 30 shows. Ortega states he does recall having a conversation with Michael about the increase in the number of shows. Ortega states he cannot recall when that discussion took place. Ortega states Michael was excited "by the historic proportions of doing 50 shows".

Chernoff: LET ME SEE IF I CAN NARROW IT DOWN FOR YOU. DO YOU THINK THAT YOUR INVOLVEMENT IN THE SHOW WAS DIRECTLY RELATED TO THE INCREASE IN THE SHOWS?

Ortega: NO, ABSOLUTELY NOT. TICKET SALES, I BELIEVE, WERE WHAT CAUSED IT.

Chernoff clarifies he does not meant to imply the increase in shows was related to Ortega's hiring but rather he was hired to help because the number of shows had increased to 50 shows.

Ortega: I WAS HIRED. MICHAEL WANTED ME FROM THE MOMENT THAT HE DECIDED THAT HE WANTED TO DO THE SHOWS.

Chernoff asks Ortega if he was aware that the tour was announced in February (Michael took part in a press conference in March while the actual "This Is It" contract (or letter of intent) with AEG was signed in late January). Chernoff asks if there was anyone else in Ortega's position or role within "This Is It" before he was hired.

Walgren objects but is overruled. Ortega states he does not remember when he was actually invited to be a part of the tour. He does state there was some time between his hiring and then announcement of the tour.

Ortega confirms he had involvement in the "This Is It" documentary. He confirms he was part of the production of the movie. Chernoff confirms there was rough footage of "This Is It".

Chernoff asks when filming began for "This Is It"?

Ortega: WE DIDN'T FILM FOR THAT DOCUMENTARY, EVER. MICHAEL USED CAMERAS TO CAPTURE THE REHEARSAL PROCESS FOR HIS OWN PERSONAL USE AS A DIRECTOR AND CREATOR AND CHOREOGRAPHER AND ARTIST. AND THE FILMING OF THE INTERVIEWS PORTION OF "THIS IS IT" WERE TO BE USED FOR A POTENTIAL LATER THEATRICAL SHOOT OF THE SHOW, SHOWS IN LONDON.

Chernoff: SO LET ME REPHRASE THE QUESTION. WHEN WAS FILMING STARTED ON MICHAEL JACKSON'S REHEARSALS FOR THE DOCUMENTARY?

Ortega: WE NEVER STARTED SHOOTING ANYTHING FOR THE DOCUMENTARY. THE DOCUMENTARY WAS NEVER A PLAN.

Chernoff: SO ARE YOU SAYING THAT FROM APRIL, MAY AND JUNE, THERE IS CAMERA FOOTAGE OF ALMOST EVERY SINGLE REHEARSAL?

Ortega: THOSE WERE FOR MICHAEL'S PERSONAL USE AND FOR OUR USE TOGETHER TO OBSERVE REHEARSALS.

Chernoff: SO THEY EXIST SOMEWHERE, THAT FOOTAGE?

Ortega concurs. Chernoff asks where.

Ortega: THERE WEREN'T ALWAYS CAMERAS ROLLING. THE CAMERAS DIDN'T START ROLLING -- WELL, SOMETIMES HE HAD A PRIVATE CAMERA ROLLING, AND SOMETIMES WE HAD CAMERAS ROLLING AT REHEARSAL. IT WAS ALWAYS IF HE ASKED IT. IT WAS PER HIS REQUEST. FOR NO ONE ELSE.

(If this was Michael's personal footage, why did AEG own it upon his death rather than the Michael Jackson Estate? I am under the impression the footage belonged to AEG and was sold to Sony, with the Estate earning profits from the film but not having any rights at any time.)

Chernoff asks where that footage is but Walgren objects. Ortega states he does not know.

Ortega is asked if he did any filming himself and states he did not. He denies knowing whether or not choreographer Travis Payne did any of his own filming.

Chernoff asks when Ortega called Gongaware on June 25th. Ortega states it was Gongaware who called him that afternoon to let him know Michael had passed.

Chernoff attempts to ask what Gongaware had told Ortega on the phone regarding calling him for "another reason". However, this was actually Phillips who made this statement. Chernoff does not recall this notion and ends his cross-examination.

REDIRECT EXAMINATION: MR. WALGREN

Walgren: MR. ORTEGA, JUST A COUPLE OF QUESTIONS. MR. CHERNOFF ASKED YOU ABOUT MICHAEL JACKSON MISSING SOME REHEARSALS, AND YOU HAD STATED IN ONE OF YOUR ANSWERS THAT IN REFERENCE TO MID APRIL TO JUNE 19, AS MR. CHERNOFF PHRASED IT, YOU SAID, WELL, HE MISSED SOME SHOWS BUT IT WAS IN A PERIOD OF TIME WITHIN THOSE DATES. IS THAT ACCURATE?

Ortega states there was a period where it was "accumulated days" that Michael had missed rehearsals. He states the period of time was a week. Ortega states it was early to mid-June.

Walgren: SO EARLY JUNE FOR ABOUT A WEEK, MICHAEL MISSED A SERIES OF REHEARSALS?

Ortega concurs.

Walgren: SO THIS WAS NOT A RECURRING PATTERN AT LEAST FROM WHAT YOU OBSERVED THROUGHOUT REHEARSALS, BUT A PERIOD OF TIME THE BEGINNING WEEK OF JUNE?

Ortega again confirms this to be accurate.

Ortega again confirms he had already met Murray before the missed rehearsals.

Ortega is asked again about yelling at Michael during the meeting held on the 20th. He states it was "emotional".

(Side note--why was there an "emotional" discussion between Michael and Ortega if the meeting was about Ortega and his interference with Murray's job as a physician?)

Walgren: DESCRIBE YOUR INTERACTION WITH HIM?

Ortega: I'D BE HAPPY TO. HE SAID, "I KNOW YOU LOVE ME AND CARE FOR ME, AND I KNOW YOU'RE LOOKING OUT FOR MY BEST INTEREST, BUT YOU DON'T HAVE TO WORRY. I'M FINE. I CAN TAKE THE REINS. I CAN HANDLE THIS." AND IT WAS MICHAEL'S VOICE THAT CALMED ME AND THAT STEPPED ME BACK, AND THAT I RESPECTFULLY, YOU KNOW, ACCEPTED AS OKAY, YOU KNOW. AND THAT HE GAVE ME A BIG HUG, AND HE SAID, "DON'T WORRY. THERE IS NOTHING TO WORRY ABOUT. WE CAN DO THIS. WE WILL DO THIS." AND, YOU KNOW, IF THERE WAS ANY VOICES, IT WASN'T YELLING. IT WAS ABOUT CARING.

Walgren asks if this was between him and Michael and Ortega states it was. Walgren then concludes his re-direct examination.

RECROSS-EXAMINATION: MR. CHERNOFF

Chernoff asks if Michael was set to rehearse on the 25th. Ortega states he was, he was to arrive that afternoon. Ortega states there was a schedule, rather than Michael picking when to arrive. Ortega states he believes Michael was to arrive that afternoon at approximately 4:00 p.m. or 4:30 p.m. Chernoff concludes his re-cross examination and Ortega is excused.