Jackson V AEG – Det Martinez

 

Traduzione in Italiano



Jackson Family in court. Mrs Jackson. Rebbie(her daughter)

Jessica Stebbins attorney for  AEGLive objected to Rebbie’s presence in court, citing the Judge stated only Randy could be in court to support his mother, this is not correct. Panish explained various family members will be in court. One at a time and that Randy and other family members have commitments so cannot be in court everyday for next five months, Judge allowed Rebbie to remain in court to show support for her Mother(Mrs Katherine Jackson)

 

 

Jackson v aeg det martinez 5-2

ORLANDO MARTINEZ

 

(Detective for the Los Angeles Police Department, LAPD)

 

Plaintiff’s Witness.

 

Continued direct examination by Jackson attorney, Brian Panish.

 

 

Panish with Detective Martinez, continuing to present official document exhibits which show Conrad Murray was in desperate, dire straits financially — revealing a financial motive.

 

Murray’s Experian credit report: Mortgage with Bank for $1, 606, 000. Delinquent $95,166.

 

Murray’s Equifax credit report: Mortgage with Bank for $1, 644, 644. Delinquent $95,166.

 

Detective Martinez is not a forensic document authenticator. Murray’s credit reports were obtained only to check the health of his finances.

 

Next document: A Default Judgment for 233,000.

 

Panish moves on, asks Martinez about fingerprints on the propofol bottles.  Detective Martinez:  Some of the fingerprints were identified as Conrad Murray’s. Some of the fingerprints were unidentifiable.

 

Murray’s cell phone records from June 12th to June 26th. Drug Enforcement Administration (DEA) assisted in recovering data from Murray’s cell phone. Panish plays a recorded voicemail from June 20, 2009 sent by Frank Dileo to Murray.

 

Dileo: Dr. Murray, it’s Frank Dileo, Michael‘s manager. Please call me. I’m sure you’re aware he had an episode last night. He’s sick. I’m on my way back tomorrow. I think you need to get a blood test on him. We have to see what he’s doing.

 

In the course of his investigation, Detective Martinez found no blood test that was ever done on Michael Jackson between June 20th and the day he died.

 

Warranted search on Texas storage unit owned by Murray. Items located: 1.) May 1, 2008 letter from Doctor’s Hospital suspending Murray’s medical privileges, in treating of patients. 2.) Another letter to Murray citing issues of his disregard of medical policies and procedures. 3.) Another document citing problems with Murray’s practice of medicine. 4.) Notice to Murray that he had to pay his taxes.

 

Detective Martinez did not investigate the relationship between AEG and Conrad Murray, as it was not part of the crime he was investigating. He focused on the 12-hour period of care during the early morning hours of June 25, 2009.

 

Panish: Based on your years of experience, after viewing all of these documents and all you’ve seen, was there any doubt in your mind that Conrad Murray was in severe, desperate financial straits as of May-June-July 2009?

 

Detective Martinez: No, there’s no doubt.

 

Cross examination by Marvin Putnam.

 

Putnam refers to the interview Detective Martinez and other detective did with Murray on June 27, 2009. He asks Martinez if he hadn’t asked Murray about his relationship with AEG during the interview. Martinez: Very vaguely.

 

Detective Martinez with LAPD for 19 years, in Robbery/Homicide. Assigned to investigate death of Michael Jackson on June 25, 2009. Detective Dan Myres and Detective Smith — his partners on the case.

 

Putnam asks about Martinez being at the UCLA Medical Center on June 25, 2009. When he and his partners looked for Murray at the hospital, he was gone. They traced his cell phone to Santa Monica. Murray was not answering phone. Murray’s car was at Carolwood house.

 

Putnam: Regarding Panish’s question about Murray having spoken with AEG representatives at the hospital, how do you know that? Martinez: Based on my interview with him on the 27th, Murray said so.

 

Martinez went to the Carolwood house after the hospital.

 

Judge: While you were at the hospital, was the Carolwood location secured? Martinez: Yes, three detectives, on site security guards, police vehicle parked on street.

 

Putnam: Were any family members at Carolwood house when you arrived the night of the 25th, after leaving the hospital. Detective Martinez: When I arrived, Michael’s children were there, Randy Jackson. Later, I believe Michael’s father and mother, Rebbie and LaToya Jackson arrived.

 

Putnam refers to the mapping of the Carolwood house, done by the detectives as part of the investigation. He goes through a lengthy naming of all the rooms in the house, first and second floors. Putnam: Was there a “mess” in any of the rooms on the first floor like the “state of disarray” in the master bedroom were the incident occurred? Detective Martinez: No. Putnam: So downstairs was “all pristine and clean” and the upstairs looked like this (referring to an LAPD evidence photo). Martinez: Yes.

 

Putnam then shows a photo of the master bath “in disarray” and makes the same comparative inference about the downstairs being neat and clean and the upstairs being in disarray. Like night and day.

 

Putnam: How much time were just your officers — not the family, not security — securing the house? Martinez: From about 2:30pm until about midnight on June 25th. Putnam: So other than the times you were there on the 25th 26th and the 29th, family members and security were allowed to come in and out of the house? Martinez: Yes.

 

Detective Martinez obtained a search warrant to go back into the house the next day, on the 26th of June, based on information from the coroner‘s office and from Jeffrey Phillips (on the 26th). Putnam shows exhibit of the sealing order with Martinez’s notation that staff was not allowed upstairs, other than the chef, Kai Chase, to drop off food. He found this out when he interviewed the staff.

 

Putnam: Someone told you on the 26th that there were other things around, that they had found while looking through luggage. So you had an understanding that people were going through things before you arrived on the 26th? Martinez: Yes.

 

Judge wants to know if these were law enforcement people. Putnam says he’s getting to that question.

 

Detective Martinez: Family members and friends of the Jackson family.

 

Putnam: Do you know if they’d been doing that prior to you arriving on the 25th?

Detective Martinez: Security told me that had not happened.

Putnam: Hadn’t happened? So they hadn’t been going through stuff on the 25th, but they had gone through stuff prior to your arrival on the 26th?

Detective Martinez: That’s correct.

Putnam: The reason I’m asking is because that state of disarray we saw, that was prior to anyone going through stuff?

Detective Martinez: Yes.

 

Putnam: Did any family members hand anything over to you to be investigated?

Detective Martinez: Not to me, but to chief coroner/investigator Winter, who gave it to me.

 

As of the 26th the investigation was for cause of death. It had not yet been turned into a criminal investigation.

 

Detective Martinez was finally contacted by Conrad Murray’s lawyers to set up the June 27th interview with Murray by the detectives. The interview was recorded and transcribed. Murray said he was Michael Jackson’s personal doctor. Murray mentioned that he had left his medical bag in the foyer closet in master bedroom. Martinez went in with a search warrant and found the bag with propofol bottles. Martinez had known about the propofol prior to the interview. He had found a vile of it under the nightstand on the 25th.

 

Putnam: So prior to Murray telling you “there‘s a bag of propofol, you should go look at it“, you hadn’t found that bag of propofol?

 

Panish: Objection. Vague.

 

Judge: Sustained.

 

Putnam: As a result of the interview, you found the bag with all that propofol in it?

Martinez: There were bags.

Putnam: That’s something you hadn’t found previously?

Martinez: Yes.

 

(afternoon break)


Typed by ToMJRespectIsDue

Detective Orlando Martinez on the Stand, Cross by AEG

 

After the interview with Conrad Murray, Detective Martinez went to the CarolWood estate where the investigation continued. Just as the day before Martinez confirmed the images he was shown in the photos these are the photos that were taken to help Martinez build a case and determine motive.

 

As early as April 6th 2009, Murray was ordering propofol in Las Vegas and then shipped it to Santa Monica. This was determined through the department’s investigation via search warrants and subpoenas.

 

Counsel (AEG) wants to go over Michael’s room again and talk about the various medical equipment like IV stands, ambu bags oxygen tanks that were discovered in the room. Counsel (AEG) asked if the detective ever determined how Murray obtained the equipment and Det. Martinez says that Conrad Murray rented the equipment from a medical company in California. When asked who paid for the equipment, Murray is the person who supposedly paid for the items and he was also paying for the propofol to be shipped to California

 

July 24st 2009 Murray was declared a suspect and on August 24th coroner’s report was completed and Michael’s death declared a homicide. Murray was charged with involuntary manslaughter on February 28th 2010

 

Thru a search warrant and physical search of Dr. Murray’s storage unit, Det. Martinez learned that Dr. Murray was being cited by Sunrise Hospital in Las Vegas because his patient medical records were not up to date.  He was also failing to respond to hospital calls within the 20 minute time frame; many times he would return the calls around an hour or so later. The frequency of these occurrences caused the hospital to send warning letters and when those warnings were ignored, the hospital decided to suspend his privileges. AEG attorney asked if this type of information would be obtainable by someone without a certain classification by going to the medical board.

 

AEG went on to ask, if it was at all possible to easily access evidence whether or not Murray at any point during his career, was sued for medical malpractice.  Martinez says no that there is no national database and that you would have to know the doctor’s malpractice insurance company.

 

Martinez though got a call from someone that had in fact sued Murray because this patient had heard that Det. Martinez was investigating Conrad Murray. However, he says that he did not obtain the court documents or include the incident into evidence because it was not pertinent to the current investigation.

 

AEG then rhetorically asks if Murray  went through a criminal trial for involuntary manslaughter , asked was he found guilty, asked whether he was sentenced to the max of four years and concludes by acknowledging that Murray is currently on appeal attempting to have his conviction overturned. Detective Orlando Martinez, agrees and says correct.

 

Redirect of Orlando Martinez by Jackson Attorney Brian Panish

Panish asks Martinez, if AEG counsel had just spoke to him about the law in regards to getting Murrays financial background records. He goes on to point out that Martinez would be able to obtain a credit report from the reporting bureau if the consumer gives his written consent and in this case the consumer would be Conrad Murray. So if Conrad Murray signed a written consent to Mr. Putnam or AEG either of these entities could get his credit report, yes… Det. Martinez replies, yes. Panish is showing that once again obtaining information about Murray’s finances and lack thereof was an easy task for AEG. Panish then shows Martinez an exhibit; a form entitled “acknowledgement and authorization”, this is a type of authorization form that potential employees and actual employees sign all over the country for their employers to do a background check.

 

*AEG counsel objects, stating that no one has ever seen this form. Panish says your honor, it’s an AEG form. The judge then overrules and Panish continues*

 

The consumer authorization shown was a blank AEG form given as an example which states that AEG can use this signed form at its leisure to obtain a background check and that doing so, was in fact legal and not subject to court orders/subpoena as AEG counsel previously stated. Once again AEG could have had Murray sign one of these authorization forms as part of his contract and AEG of course knows this.

 

Mr. Panish now wants to talk about the medical board and says that counsel (AEG) wants to insinuate that Murray was a good doctor, do you (Martinez) believe that Murray was a good doctor. Mr. Panish says isn’t it true you (Martinez) had found out that Murray had already killed someone and that counsel (AEG) had just asked about this.

 

*AEG lawyers Objects*

 

Panish again says isn’t it true that you (Martinez) found that Dr. Murray had in fact killed someone else before Mr. Jackson and that counsel (AEG) just asked about that.

 

*AEG objects on misstate and judge overrules.*

 

Detective Martinez responds correct. Mr. Panish goes on to point out that Dr. Murray never told the detective the name of his malpractice insurance company, the detective responds no. Mr. Panish says its nothing for you to ask which malpractice insurance the doctor carries, AEG could ask Mr. Putnam could ask and Panish says even me. So talks in regards to whether or not Murray had been involved in medical malpractice or not, that this information could not be found out because Murray’s malpractice insurance carrier was unknown, is complete rubbish. There are alternative channels to obtain this vital information. Mr. Panish added that this medical board info may not be readily available to the public but entities like an AEG have capabilities that the average do not, ignorance on any aspect of Dr. Conrad Murray’s history is unacceptable. Panish re-introduces evidence which showed that Murray had his doctor privileges suspended from Sunrise Medical Center in Las Vegas for ten months for not calling back on time and updating patient medical records. Mr. Panish also reminds the court that Murray no longer has a medical license and then enters a medical board questionnaire that Murray himself filled out and signed into evidence. On the questionnaire, Murray is asked to list all hospitals where he had his staff privileges denied suspended limited revoked or non-renewed and Dr. Murray answers:

 

Valerie Medical Hospital in Shadow Lane, Las Vegas –suspension of coronary peripheral international from 2000 – the present

 

Sunrise Hospital – suspension of coronary peripheral international from January 2001 – May 2001 and  suspended again in 2008 for ten months and then again 2010, in connection with Michael’s murder.

 

Panish then says if someone tried to say that Murray had never been suspended before would they be incorrect and/or lying, the detective responds yes.

 

The detective is asked about his suspicions about Murray when they started and he says when he saw Murray in the room with Mrs. Jackson

 

The detective goes on to say that, his suspicions were increased when he searched Conrad Murray’s car after impounding it and obtaining a search warrant. Because he found a contract stating that Murray was to get paid $150,000 a month and had Randy Phillip’s business card with private cell number on the back of the card; these findings prompted him to want to investigate Murray financially for motive. Mr. Panish asked the detective if he was aware that Michael’s beautiful home which included the furnishings was rented, the detective says yes. Mr. Panish asked if he knew that rent was paid for by AEG, the detective says no.

 

Panish asks if when the detective entered the CarolWood estate was Michael’s bedroom locked and then Martinez replies, yes. One bedroom had been open, the fire place on and the TV was on and the radio on playing Cds, Mr. Panish adds that this would allude that someone was in there and the detective responds that is correct. When asked whose room was this, detective replied it was Mr. Jackson’s room when he was not on medication; the latter about when Michael slept in his room is the detective’s assumption. Michael was found in an adjacent room, not his bedroom.

 

The discussion turns to the day the detective was able to speak with Michael’s Mom and noted she and the kids were visibly upset still. Mrs. Jackson graciously answered the detectives question without a lawyer present. Mrs. Jackson said that she Loved her son and then candidly spoke about Michael’s use of prescription drugs at times and this only when the pain which caused stress, go too much.  The detective said t was good to have it out there as he heard the rumors but did not want to be disrespectful.

 

The detective said he had interviewed AEG employees whom had attorneys with them and told him they had no knowledge that Michael used prescription drugs off and on throughout his life.  The detective reviewed the whole case file of AEG employee interviews and not one acknowledged that they not so much as even heard a rumor about the prescription use. Panish asked if the detective was in possession of any emails that AEG sent Murray and he was only given one. And that email was regarding a meeting on June 20th 2009. Mr. Panish asked if the detective had ever heard that Conrad Murray wanted 5 million dollars to be to be Michael’s physician. The detective says that either Mr. Phillips or Mr. Gongaware told his partners that Murray wanted $5 million dollars for caring for Michael.

 

Mr. Panish asked if there is anywhere in the penal code section that having a messy room is against the law, the detective says no. Panish then says a person’s room not being clean, could be an indication of someone not feeling well and can’t get to it and the Martinez says at times. Panish asked if he noticed there as mobbing boxes in Michael house and Martinez yes, did you know that Michael was moving to London Martinez says yes in a week or to week.

 

The detective said that he learned that Murray had been giving Michael propofol for two months before he died. Panish then asks if the detective remembers questions about Murray, being Michael long time private physician and the detective says yes. Mr. Panish asks what did he find out about that and Martinez says that, Murray treated Michael and his kids intermittently 2006. In opening Panish already established, that from ’06 to ’08 that Murray saw Michael a total of 7 times only.

 

After the card with Phillips number on it and the contract was found in Murray’s BMW, the detective requested to interview Dr. Murray again. Mr. Panish asked if Det. Martinez was able to do so and the detective said the request was denied. Mr. Panish asked if this request could have been forced and he said no.

 

Mr. Panish asks the detective as a result of his investigation did he find that Dr. Murray gave Michael propofol and benzodiazepines and Martinez replies yes.  Mr. Panish says with the judgments and such would it be fare to say that Dr. Murray as of May and June of 2009 was in debt over $1 million dollars the detective replies yes. Panish then says with all the of questions that counsel (AEG) asked you, does it change your mind in May and June of 2009 that Dr. Murray was in severe financial distress, the detective replies no.  Panish then ask of all the questions that counsel (AEG) has asked you does it change your mind that Dr. Conrad Murray’s course of action that resulted in death was finances and money as the motivating factor for Dr. Murray’s downfall, the detective replies no they(AEG) do not change mind. Mr. Panish then says thank you I have no further questions.

 

Cross of Orlando Martinez by AEG Counsel

Counsel says Conrad Murray was certainly in debt long before May & June of 2009 and Michael as still alive then, right…the detective says yes. Counsel says that Mr. Panish asked about suspensions and then asks if he understands the difference between having a hospital suspension and a license suspension. The detective said yes the difference is having hospital privileges suspended and a license suspension means that you can’t practice in the state.

 

Counsel asks were told that Dr. Conrad Murray was giving Michael Jackson propofol for 2months, the detective responds yes. As an investigator did you suspect that it had been longer than 2 months, the detective says yes. How much longer adds counsel, as early as April 6th said Detective Orlando Martinez.

 

Counsel asks the detective weren’t there questions and information that he received from AEG Live that he asked for and didn’t have to subpoena, detective says yes. Asked did he get all the documents he asked for and was he able to talk with anyone that he wanted to at AEG Live and the detective said that is correct. Counsel said that the DA also talked with people at AEG Live and got documents from them and at times the DA offered Martinez to come along on those interviews and at times he would go.

 

Counsel then asks about the medical malpractice and the detective now says his office received the call about Murray’s former patient. AEG counsel then submits a statement form which was taken by Martinez’s colleague, Detective Meyers; this intake was done in April of 2010. On the form it stated that the patient had died of a heart attack however the coroner declared it as natural causes, counsel asks if the detective read the document clearly and Martinez replies yea I was wrong.

 

The detective gets asked if his suspicions about the Murray receiving $150,000 a month were based on the source of the money or that Murray would do something anything for the money. Detective said that at the time it didn’t matter to the investigation about the source of the money; it was whether Murray would do anything for the money, bend the rules, due harm to make sure that he got the money. Counsel says, so it’s not that the money was coming from AEG Live, so if for example the money was being paid by Michael Jackson, your suspicions were because he was getting paid this type of money… The detective says yes, it was the suspicion that Murray would do anything in relation to medical care given because of the tour. Counsel has no further questions.

 

Redirect of Orlando Martinez by Jackson Attorney Brian Panish

Panish asks as far as the contract goes, Murray started May 1st 2009. Panish then says the fact that there wasn’t a lawsuit, in regards to the former client; it doesn’t mean that Murray wasn’t liable for malpractice. Martinez’s responds the lawsuit didn’t happen because they simply ran out of time and there are strict laws about this in the state of Nevada.

Panish says counsel talks about the differences in suspension yet as an interventionist cardiologist they perform their work in a hospital and that you do need hospital privileges because without them you can’t give catheters angiograms and angioplasties etc. and the detective agreed, yes that is correct.

 

Panish says so in terms of when Murray was giving propofol the start date you are just assuming it was earlier, the detective replies yes circumstantial evidence. Panish says well in April propofol was bought in Nevada hen was it shipped to California; Martinez says that he would have to look at the UPS record, but it was within the week.

 

Mr. Panish asks in regards to the documents counsel talked about AEG produced to you, how many documents, rather how many emails in regards to Murray did they produce to you,  as counsel have said that you received everything in reference to Murray; Martinez says to the police department that was one email. Panish then says you don’t know do you, if AEG has other emails that they didn’t produce to the police department and Martinez says no I do not.

 

Is there any question in your mind after being on the stand all these hours today and the past few days, that Dr. Murray was in financial trouble, is there any doubt in your mind that Dr. Conrad Murray done this because of a need for financial gain and the detective replies no there isn’t.

End of Examination

 

Putnam states he may call Detective Martinez back in the future

 

Judge Yvette Palazuelos releases Detective Orlando Martinez from the stand and closes the court. The judge also states that court will be closed Friday May 3rd and that the court will resume on Monday.

 

Detective Martinez court transcripts from Murray Prelim here<
Video testimony here from Murray Trial<<

 

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