Elissa Fleak

Elissa Fleak

(LA County Coroner Investigator)

ELISSA FLEAK,CALLED ON BEHALF OF THE PEOPLE, HAVING BEEN FIRST DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:

 

THE CLERK:   PLEASE BE SEATED.   PLEASE STATE YOUR NAME FOR THE RECORD.   SPELL YOUR FIRST AND LAST NAMES.

 

THE WITNESS:   ELISSA FLEAK.   E-L-I-S-S-A, F-L-E-A-K.

 

THE COURT:   MS. FLEAK, GOOD AFTERNOON.   LET ME PROVIDE YOU WITH SOME INSTRUCTIONS WHICH I GIVE TO ALL WITNESSES. THE FIRST, PLEASE SIT BACK AND RELAX. THE SECOND, PLEASE SPEAK IN A LOUD VOICE. YOU HAVE A MICROPHONE IN FRONT OF YOU, AND IT IS FINE. YOU DON’T HAVE TO SPEAK RIGHT ON TOP OF IT. AND THE THIRD, WHILE A LOT OF US ARE USED TO SPEAKING OVER EACH IN OUR DAILY LIVES, IN COURT WE NEED TO HEAR ONE PERSON AT ONE TIME.   PLEASE WAIT UNTIL YOU HEAR AN ENTIRE QUESTION BEFORE YOU EVEN START TO ANSWER. IS THAT OKAY?

 

THE WITNESS:   YES.

 

THE COURT:   THANK YOU, MR. WALGREN.

                                   

DIRECT EXAMINATION BY MR. WALGREN:

 

Q         GOOD AFTERNOON, MA’AM.

A         GOOD AFTERNOON.

 

Q         WHERE ARE YOU EMPLOYED?

A         THE LOS ANGELES COUNTY CORONER.

 

Q        WHAT DO YOU DO FOR THE LOS ANGELES COUNTY CORONER?

A         I AM A CORONER INVESTIGATOR.

 

Q         WHAT IS A CORONER INVESTIGATOR?

A         WE DO DEATH INVESTIGATIONS AT SCENE, BODY EXAMS, NOTIFY FAMILIES OF DEATHS, COLLECT PROPERTY, WRITE REPORTS FOR THE PATHOLOGISTS IN THE DEPARTMENT.

 

Q         IN THAT CAPACITY, IS YOUR ROLE TO ASSIST THE INVESTIGATION IN DETERMINING CAUSE OF DEATH AS AN INVESTIGATOR?

A         YES, IT IS.

 

Q         HOW LONG HAVE YOU BEEN A CORONER’S INVESTIGATOR?

A         EIGHT YEARS.

 

Q         WERE YOU WORKING IN THAT CAPACITY ON JUNE 25, 2009?

A         YES, I WAS.

 

Q         ON THAT DATE, DID YOU LEARN OF THE PRONOUNCEMENT OF DEATH OF ENTERTAINER MICHAEL JACKSON?

A         YES, I DID.

 

Q         IN RESPONSE TO YOUR LEARNING OF THAT INFORMATION, AT SOME TIME ON THAT DATE, JUNE 25, DID YOU RESPOND TO THE UCLA MEDICAL CENTER?

A         YES.

Q         DO YOU RECALL WHAT TIME YOU RESPONDED TO THE UCLA MEDICAL CENTER?

A         CAN I CHECK MY NOTES?

 

Q         IF THAT WOULD REFRESH YOUR RECOLLECTION.

A        THE EXACT MINUTE I CAN GIVE YOU.   (EXAMINING DOCUMENT)   YES, I ARRIVED AT THE HOSPITAL AT 17:20 HOURS.

 

Q         AT UCLA?

A         YES.

 

Q         THAT IS 5:20 P.M.?

A         CORRECT.

 

Q         AT YOUR ARRIVAL TO THE UCLA MEDICAL CENTER, DID YOU MAKE HAVE AN OPPORTUNITY TO MAKE OBSERVATIONS OF THE DECEDENT?

A         YES, I DID.

 

Q         THAT IS MICHAEL JACKSON?

A         YES, I DID.

 

Q         WHAT WAS YOUR PURPOSE IN MAKING THOSE OBSERVATIONS?

A         TO PERFORM AN EXTERNAL BODY EXAMINATION, SEE IF THERE WAS ANY WOUNDS, ANYTHING I COULD INFER TO THE CAUSE OF DEATH FOR MY REPORT.

 

Q         YOU ARE LOOKING STRICTLY EXTERNALLY, JUST LOOKING AT THE BODY?

A         CORRECT.

 

Q         YOU ARE LOOKING FOR WOUNDS, OBVIOUS TRAUMA, GUNSHOT, KNIFE WOUND, ANYTHING OF THAT NATURE?

A         YES.

 

Q         DID YOU FIND ANY OBVIOUS SIGNS OF CAUSE OF DEATH?

A         NO, NOT AT THAT TIME.

 

Q       AND WHILE AT THE HOSPITAL, DID YOU OBTAIN FROM THE UCLA MEDICAL PERSONNEL FOUR VIALS OF BLOOD TAKEN FROM PATIENT MICHAEL JACKSON?

A         YES.

 

Q         WAS THAT RECEIVED BY YOU AND BEARING LABEL WITH THE NAME TRAUMA, FOLLOWED BY SOME NUMBERS, GERSHWIN?

A         YES, IT WAS.

 

Q         AS WELL AS A MEDICAL RECORD NO. 39759444?

A         59444, CORRECT.

 

THE COURT:   ONE MOMENT, PLEASE.

 

(PAUSE IN PROCEEDINGS.)

 

THE COURT:   I’M SORRY FOR THE INTERRUPTION.

 

MR. WALGREN:   MAY I PROCEED, YOUR HONOR?

 

THE COURT:   YES.   THANKS.

Q         BY MR. WALGREN:   AND, INVESTIGATOR FLEAK, WERE THOSE VIALS OF BLOOD SUBSEQUENTLY LOGGED IN AS MEDICAL EVIDENCE AT THE CORONER’S OFFICE?

A         YES.

 

Q         AND THE PURPOSE OF THAT WAS TO PRESERVE THEM IN THE CORONER’S OFFICE FOR ANY FUTURE TESTING THAT MAY BE CONDUCTED?

A         CORRECT, FOR TOXICOLOGY PURPOSES.

 

Q         ON THAT SAME DAY OF JUNE 25, 2009, DID YOU ALSO RESPOND TO THE LOCATION OF 100 NORTH CAROLWOOD IN LOS ANGELES?

A         YES, FOLLOWING MY EMERGENCY ROOM VISIT, I THEN WENT TO THE HOUSE.

 

Q         WHAT WAS YOUR PURPOSE IN GOING TO THE HOUSE?

A         TO PERFORM A SCENE INVESTIGATION.   TO OBSERVE WHERE THE PERSON LOST CONSCIOUSNESS, DIED, AND WHAT THE DETAILS AND CIRCUMSTANCES WERE.

 

Q        WHEN YOU WENT TO THE LOCATION OF 100 NORTH CAROLWOOD, WERE YOU EVENTUALLY LET INTO THE UPSTAIRS BEDROOM AREA WHERE YOU WERE INFORMED THE PATIENT HAD BEEN FOUND BY PARAMEDICS?

A         YES.

 

Q         DID YOU THEN BEGIN YOUR ON-SCENE INVESTIGATION OF THAT PARTICULAR LOCATION; SPECIFICALLY, THAT BEDROOM AREA?

A         CORRECT.

 

Q         SHOWING YOU WHAT WAS EARLIER MARKED PEOPLE’S 9 FOR IDENTIFICATION, DO YOU RECOGNIZE — WELL, LET ME BEGIN WITH PEOPLE’S 11 FOR IDENTIFICATION.   CAN YOU SEE THAT, INVESTIGATOR FLEAK?

A         YES.

 

Q         DO YOU RECOGNIZE WHAT IS SHOWN THERE?

A         YES, I DO.

 

Q         CAN YOU DESCRIBE THAT BRIEFLY?

A         THAT IS WHERE I WAS TOLD THE DECEDENT WAS BEING TREATED AND WAS FOUND BY PARAMEDICS BEFORE BEING TAKEN TO THE HOSPITAL.   THAT IS THE ROOM HE WAS IN.

 

Q         LOOKING AT PEOPLE’S 13, DO YOU RECOGNIZE THE AREA SHOWN THERE?

A         YES.   THOSE ARE THE TWO TABLES.   THERE IS A NIGHTSTAND.   IF YOU ARE FACING AT THE FOOT OF THE BED, THOSE ARE TO THE LEFT.

 

Q         LASTLY, SHOWING YOU WHAT WAS PREVIOUSLY MARKED PEOPLE’S 9 FOR IDENTIFICATION, CAN YOU SEE THAT FROM YOUR LOCATION, INVESTIGATOR FLEAK?

A         YES.

 

Q         DO YOU RECOGNIZE WHAT IS PORTRAYED IN THAT DIAGRAM?

A         YES, THE DIAGRAM OF THE SECOND FLOOR OF THE HOUSE.

 

Q         THAT DEPICTS THE BEDROOM THAT YOU HAVE JUST DESCRIBED IN THE PREVIOUS TWO PHOTOGRAPHS?

A         YES.

 

Q         THIS WOULD BE THE BED, AND THE NIGHTSTAND, AND TABLES THAT YOU JUST DESCRIBED IN THE PREVIOUS PHOTOGRAPH?

A         YES.

 

Q         I’M INDICATING ON THE DIAGRAM IN THE CENTER AS YOU LOOK AT THE DIAGRAM, TO THE RIGHT, THE SECOND FLOOR BEDROOM BED, CORRECT?

A         YES, THE TWO NIGHTSTANDS.

 

Q         NOW, AT THIS POINT IN THE INVESTIGATION THEN, DID YOU BEGIN TAKING PHOTOGRAPHS AND VIA PHOTOGRAPHS DOCUMENTING SOME OF THE ITEMS YOU FOUND RELEVANT AS TO HOW IT MAY PERTAIN TO CAUSE OF DEATH?

A         YES, I DID.

 

Q         I WANT TO SPECIFICALLY BEGIN WITH ANY PRESCRIPTION MEDICATIONS.   DID YOU RECOVER ANY PRESCRIPTION MEDICATIONS THAT YOU RECOVERED AT THAT

LOCATION?

A         YES.   I COLLECTED SEVERAL PILL BOTTLES FROM THE TABLE DIRECTLY NEXT TO THE BED.   SEVEN PILL BOTTLES EXACTLY.

 

Q         DID YOU DOCUMENT IN SOME INVENTORY WHAT THOSE PILL BOTTLES WERE?

A         YES, I DID.

 

Q         IS THAT CONTAINED ON A DOCUMENT YOU PREPARED CALLED A CORONER’S 3A FORM?

A         YES.

 

Q         DO YOU RECALL, AS YOU SIT THERE TODAY, EXACTLY WHICH PRESCRIPTION MEDICINE YOU RECOVERED?

A         I DO.

 

THE COURT:   YOU HAVE SOME DOCUMENTS IN FRONT OF YOU.   IF YOU NEED TO REFRESH YOUR MEMORY, LET US KNOW.

 

THE WITNESS:   OKAY.

 

THE COURT:   BY THE SAME TOKEN, YOU SHOULD BE TESTIFYING FROM YOUR MEMORY.

 

THE WITNESS:   OKAY.

 

Q         BY MR. WALGREN:   WHAT DID YOU RECOVER IN REGARDS TO ANY PRESCRIPTION MEDICATIONS?

A         FLOMAX, TRAZADONE, LORAZEPAM.

 

Q        GO SLOWLY, PLEASE. FLOMAX?

A         FLOMAX, TRAZADONE, LORAZEPAM, CLONAZEPAM.

 

Q         CLONAZEPAM?

A         CORRECT.

 

Q         FEEL FREE TO REFRESH YOUR RECOLLECTION.

A        I DO NEED TO USE MY NOTES.

 

THE COURT:   GO AHEAD.

 

THE WITNESS:   DIAZEPAM.

 

Q         BY MR. WALGREN:   OKAY.

A         LORAZEPAM.

 

Q         OKAY.

A         TEMAZEPAM.

 

Q         OKAY.

A         TRAZADONE.

 

Q         OKAY.

A         AND TIZANIDINE.

 

Q         THAT IS T-I-Z-A-N-I-D-I-N-E?

A         CORRECT.   THEN I ALSO COLLECTED SEVERAL 19   BOTTLES, TUBES OF LOTION.

 

Q         WHAT WERE THOSE LOTIONS?

A         HYDROQUINONE.   A TUBE OF LIDOCAINE LOTION.

 

22               Q         OKAY.

A         THAT WAS IT ON THE NIGHTSTANDS.

 

Q         HOW ABOUT BENOQUIN?   WAS THAT ONE OF THEM?

A         YES.   THERE WAS A BOTTLE OF BENOQUIN.

 

Q         IS THAT LISTED ON YOUR 3A FORM?

A         YES.

 

Q         THAT WAS A LOTION IN A TUBE?

A         YES, IT WAS.

 

Q         DID YOU DOCUMENT IN THAT SAME 3A FORM WHO THE PRESCRIBING PHYSICIAN WAS OF THOSE VARIOUS MEDICATIONS?

A         YES.   I TOOK THOSE ALL FROM THE PRESCRIPTION LABELS ON THE BOTTLES.

 

Q         WHO WAS THE PRESCRIBING PHYSICIAN OF THE DIAZEPAM?

A         DR. MURRAY.

 

Q         WHO WAS THE PRESCRIBING PHYSICIAN OF THE FLOMAX?

A         MURRAY.

 

Q         WHO WAS THE PRESCRIBING PHYSICIAN OF THE LOTION OF LIDOCAINE?

A         DR. MURRAY.

 

Q         WHO WAS THE PRESCRIBING PHYSICIAN ON THE BOTTLE OF LORAZEPAM?

A         DR. MURRAY.

 

Q         WHO WAS THE PRESCRIBING PHYSICIAN ON THE BOTTLE OF TEMAZEPAM?

A         DR. MURRAY.

 

Q         AND THEN REGARDING THE CLONAZEPAM, THAT WAS A DR. METZGER?

A         YES.

Q         AS WELL AS ON THE TRAZADONE, THAT WAS A DR. METZGER?

A         YES.

 

Q         AND THE TIZANIDINE WAS A DR. KLEIN; IS THAT RIGHT?

A         YES.

 

Q         NOW, LET ME SHOW YOU A COUPLE OF PHOTOGRAPHS. TWO PHOTOGRAPHS. I ASK THE FIRST ONE THAT APPEARS TO BE A NIGHTSTAND NEXT TO THE BED BE MARKED 29 FOR IDENTIFICATION.

 

THE COURT:   YES.

 

MR. WALGREN:   FOLLOWED BY WHAT APPEARS TO BE A CLOSE-UP OF THE TABLE JUST NEXT TO THE NIGHTSTAND.   MAY THAT BE MARKED PEOPLE’S 30 FOR IDENTIFICATION.

 

THE COURT:   YES.

 

(THE ABOVE-MENTIONED ITEMS WERE MARKED FOR IDENTIFICATION AS PEOPLE’S EXHIBITS NOS. 29 AND 30.)

 

Q         BY MR. WALGREN:   INVESTIGATOR FLEAK, GOING BACK TO PEOPLE’S 13, YOU SEE THE TWO SEPARATE TABLES ON PEOPLE’S 13 NEXT TO THE BED?

A         YES.

 

Q         YOU HAVE DIRECTLY ADJACENT TO THE BED IS THIS TABLE HERE, AND THEN THERE IS A SECOND TABLE JUST TO THE SIDE OF THAT; IS THAT RIGHT?

A         YES.

 

Q         SHOWING YOU PEOPLE’S 29 FOR IDENTIFICATION, WHAT IS DEPICTED THERE, INVESTIGATOR FLEAK?

A         THE PRESCRIPTION PILL BOTTLES.   THREE OF THEM ARE ON THE TOP SHELF OF THAT TABLE.   AND THEN THERE IS A BASKET ON THE LOWER SHELF WITH AN EMPTY JUICE BOTTLE

 

Q         THIS BASKET HERE?

A         YES.   THERE ARE PRESCRIPTION PILL BOTTLES IN THAT BASKET AS WELL.

 

Q         AS YOU LOOK AT THE PHOTOGRAPH, THAT BASKET IS ON THE LOWER RIGHT SHELF OF THAT TABLE?

A         YES.

 

Q         ON THE UPPER SHELF, YOU HAVE THREE PRESCRIPTION MEDICINE BOTTLES, AND A BOTTLE OF — IS THAT ASPIRIN?

A         OVER-THE-COUNTER ASPIRIN AND ANOTHER EMPTY BOTTLE OF JUICE. JUICE BOTTLE.

 

Q         THEN LOOKING AT PEOPLE’S 30, WHICH WOULD BE THE TABLE ADJACENT TO THAT NIGHTSTAND, ALTHOUGH IT IS A LITTLE WASHED OUT IN THIS PHOTOGRAPH, INVESTIGATOR FLEAK, WAS THAT THE TUBE OF LOTION THAT I’M POINTING TO ON THE RIGHT-MOST PORTION OF THAT TABLE AS YOU LOOK AT THE PHOTOGRAPH?

A         THAT IS THE TUBE OF LIDOCAINE LOTION.

 

Q         IN THIS SAME TABLE AREA, DID YOU ALSO RECOVER A SYRINGE?

A         YES.   THERE WAS A SYRINGE ON THE TABLE AS WELL AND A NEEDLE ON THE GROUND ON THE LEFT SIDE OF THE BED.

 

Q         WHEN YOU SAY SYRINGE, WHAT ARE YOU REFERRING TO?

A         THE PLUNGER AND THE TOP PART OF THE SYRINGE, THE PLASTIC.

 

Q         THE PLASTIC APPARATUS?

A         CORRECT.

 

Q         TO WHICH YOU WOULD ATTACH A NEEDLE?

A         YES.

 

MR. WALGREN:   YOUR HONOR, I HAVE A PHOTOGRAPH OF A SYRINGE NEXT TO A NAKED JUICE BOTTLE.   MAY THIS BE MARKED PEOPLE’S 31 FOR IDENTIFICATION.

 

THE COURT:   YES.

MR. WALGREN:   AS WELL AS A PHOTOGRAPH OF AN OXYGEN TANK AND AMBU BAG ON THE FLOOR, PEOPLE’S 32.

 

THE COURT:   YES.

 

MR. WALGREN:   AS WELL AS A CLOSE-UP OF THAT SAME AMBU BAG, PEOPLE’S 33, PLEASE.

 

THE COURT:   YES.

 

(THE ABOVE-MENTIONED ITEMS WERE MARKED FOR IDENTIFICATION AS PEOPLE’S EXHIBITS NOS. 31-33.)

 

MR. WALGREN:   SHOWING THESE TO DEFENSE COUNSEL.

 

MR. CHERNOFF:   NO OBJECTION, JUDGE.

 

THE COURT:   THANK YOU, MR. CHERNOFF.

 

Q            BY MR. WALGREN:   INVESTIGATOR FLEAK, LOOKING FIRST AT PEOPLE’S 31 FOR IDENTIFICATION, PLEASE DESCRIBE WHAT IS SHOWN THERE?

A         THAT IS THE SYRINGE WITH THE PLUNGER COMPLETELY DEPRESSED.

 

Q         AND LOOKING NOW TO THE FLOOR, WHICH IS SHOWN IN PEOPLE’S 32, WOULD YOU PLEASE DESCRIBE WHAT IS SHOWN THERE?

A         THAT IS THE AMBU BAG WITH A CONNECTED TUBING.

 

Q        COULD YOU USE THE LASER POINTER THERE.   IF YOU COULD POINT OUT WHERE YOU SEE THE AMBU BAG?

A         THE BLUE AMBU BAG HERE ON THE FLOOR JUST BENEATH.   THAT IS THE NEEDLE, THE SYRINGE OR A NEEDLE. HE BAG, THEN THE CLEAR TUBING THAT GOES TO A NASAL, PLASTIC NASAL APPARATUS.

 

Q         IS THAT A NASAL CANULA?

A         CANULA, YES.   AND OXYGEN TANK RIGHT NEXT TO THE BED.

 

Q         LOOKING AT THIS CLOSE-UP PHOTOGRAPH OF THE SAME AMBU BAG AND THE NEEDLE YOU DESCRIBED, IS THAT A CLOSE-UP OF WHAT YOU JUST MENTIONED?

A         YES.   THAT’S HOW I SAW IT.

 

Q         IS THAT DESCRIBED IN SOME OF THE CORONER DOCUMENTS AS A BROKEN SYRINGE?

A         I DID DESCRIBE IT AS A BROKEN SYRINGE BECAUSE THE TWO PIECES WERE SEPARATED.   THE NEEDLE WAS SEPARATE FROM THE ACTUAL PLASTIC, THE PLUNGER APPARATUS.   IT IS NOT BROKEN.   I SHOULD HAVE DESCRIBED THEM AS NOT  CONNECTED.

 

Q         SO THERE WAS A SYRINGE ON THE NIGHTSTAND WITHOUT A NEEDLE ATTACHED?

A        CORRECT.

 

Q         THEN THERE WAS A NEEDLE ON THE FLOOR?

A         RIGHT.

 

Q         DO YOU HAVE ANY INDEPENDENT KNOWLEDGE THAT THOSE WENT TOGETHER?

A         NO.

 

Q         SO IT IS JUST A SEPARATE SYRINGE.   THERE WAS A SYRINGE AND A NEEDLE ON THE FLOOR THAT MAY HAVE BEEN TOGETHER AT ONE POINT AND MAY NOT HAVE BEEN?

A         RIGHT.

 

Q         BUT THEY ARE IN THE CONDITION AS YOU DESCRIBED IN THESE PHOTOS WHEN YOU ARRIVED AT SCENE?

A         YES.

 

Q         NOW, WAS THERE ALSO AN I.V. STAND?

 

THE COURT:   JUST A MOMENT, PLEASE.   SOMEBODY IS BROADCASTING. I’M SORRY FOR THAT INTERRUPTION.

 

Q         BY MR. WALGREN:   DID YOU ALSO RECOVER — EXCUSE ME — WAS THERE ALSO AN I.V. STAND WITH AN I.V. KIT ATTACHED TO IT AT THE SCENE?

A         YES, THAT WAS IN THE ROOM.   IF YOU ARE FACING THE BED, AT THE FOOT OF THE BED IT WAS TO THE RIGHT, TO YOUR RIGHT.

 

Q         IF YOU ARE AT THE FOOT OF THE BED LOOKING TOWARD THE HEAD OF THE BED, IT WOULD BE TO YOUR RIGHT?

A         TO YOUR RIGHT.

 

MR. WALGREN:   I HAVE A PHOTOGRAPH HERE, YOUR HONOR, I’D LIKE MARKED 34 FOR IDENTIFICATION.

 

THE COURT:   YES.

 

MR. WALGREN:   AND ADDITIONALLY, A COUPLE CHAIRS SHOWING ITEMS ON THEM.   FOR IDENTIFICATION.

 

THE COURT:   YES.

 

MR. WALGREN:   SHOWING THOSE TO DEFENSE COUNSEL. ALL THESE PHOTOS HAVE BEEN PROVIDED TO DEFENSE COUNSEL PREVIOUSLY.

 

MR. CHERNOFF:   AND THEY HAVE.   THEY JUST HAD A BUNCH OF WATERMARKS ON THEM.   I JUST WANTED TO TAKE A LOOK AT THEM VERY, VERY BRIEFLY.

 

MR. FLANAGAN:   THE ONES WE WERE PROVIDED ARE VERY SMALL AND OBSTRUCTED.

 

(DEFENSE COUNSEL CONFER.)

 

 MR. CHERNOFF:   NO OBJECTION TO 34 AND 35.

 

(THE ABOVE-MENTIONED ITEMS WERE MARKED FOR IDENTIFICATION AS PEOPLE’S EXHIBITS NOS. 34 AND 35.)

 

Q         BY MR. WALGREN:   INVESTIGATOR FLEAK, SHOWING YOU PEOPLE’S 34 FOR IDENTIFICATION, DOES THAT DEPICT THE NIGHTSTAND AND THE I.V. KIT ATTACHED?

A         AN I.V. STAND, YES.

 

Q         I’M SORRY.   THE I.V. STAND AND THE I.V. KIT THAT ATTACHES TO IT.

A         YES.

 

Q         COULD YOU POINT THAT OUT WITH THE LASER POINTER?

A         THE STAND IS THE METAL POLE WITH THE HOOK AT THE TOP.   SALINE BAG IS HERE.   THERE IS TUBING DOWN TO THIS AREA WHERE THERE IS A FORK OR A CLAMP IN THE TUBING WHICH HAS A SYRINGE IN IT.   THEN TUBING CONTINUES DOWN AND IS CLOSED.

 

Q         AND IN ADDITION TO YOUR OBSERVATIONS OF WHAT YOU ALREADY DESCRIBED AS THE I.V. STAND AND ATTACHED KIT, DID YOU LOCATE AT THAT TIME A JUG THAT APPEARED TO BE A JUG OF URINE?

A         YES, THERE WAS.   AGAIN, IF YOU ARE FACING — IF YOU ARE AT THE FOOT OF THE BED FACING THE HEAD OF THE BED, THERE WAS A CHAIR BEHIND AND TO THE LEFT OF YOU THAT HAD A BOTTLE OF URINE AND SEVERAL URINE PADS.

 

Q         I’M SHOWING YOU NOW PEOPLE’S 35.   USING THE LASER POINTER, CAN YOU LET US KNOW IF THAT IS DEPICTED IN PEOPLE’S 35?

A         IT IS VERY HARD TO SEE.   YES, I CAN SEE IT NOW.   THAT WOULD BE THE BOTTLE.   THOSE ARE THE UNOPENED URINE PADS, AND THE BED WAS OVER HERE (INDICATING).

 

Q         IS THAT LIKE A MEDICAL CONTAINER, MEDICAL TYPE CONTAINER FOR HOLDING URINE?

A         CORRECT.

 

Q         ON THIS SAME DATE, JUNE 25, DID YOU ALSO RECOVER AN OPEN BOX OF DISPOSABLE HYPODERMIC NEEDLES?

A         YES.

 

Q         WHERE WAS THAT?

A         THAT WAS ON THE — THE HYPODERMIC?   THAT WAS ON THE NIGHTSTANDS, ON THE TWO TABLES AS WELL.

 

Q         HOW ABOUT I.V. CATHETERS.   DID YOU RECOVER ANY I.V. CATHETERS?

A         YES.   THOSE WERE ON THE NIGHTSTAND AS WELL.

 

Q         THIS IS ALL DOCUMENTED IN THE 3A FORM?

A         YES, IT IS.   THE 3 NARRATIVE AND THE 3A FORM.

 

Q         DID YOU ALSO RECOVER A BOTTLE OF FLUMAZENIL ON THAT DATE OF JUNE 25, 2009?

A         YES.   I COLLECTED AN EMPTY VIAL OF FLUMAZENIL AND AN EMPTY VIAL OF PROPOFOL FROM THE GROUND TO THE LEFT OF THE BED BENEATH THE TABLES, THE TWO NIGHTSTANDS.

 

Q         IF YOU COULD, LOOKING AT PEOPLE’S 13, DOES THAT DEPICT THE TWO TABLES YOU ARE REFERENCING?

A         YES.

 

Q         AGAIN, IT IS THE TABLE IMMEDIATELY ADJACENT TO THE BED AS WELL AS THE ONE NEXT TO THAT TABLE?

A         YES.

 

Q         AND DID YOU DOCUMENT THROUGH PHOTOGRAPHS THE LOCATION OF THE PROPOFOL BOTTLE?

A         YES.

 

MR. WALGREN:   I HAVE A SERIES OF PHOTOGRAPHS HERE, YOUR HONOR, I’D ASK BE MARKED RESPECTIVELY PEOPLE’S 36, 21   37, AND 38.

 

THE COURT:   YES.

 

MR. WALGREN:   SHOWING THEM TO DEFENSE COUNSEL.

 

MR. CHERNOFF:   THANK YOU, JUDGE.   NO OBJECTION.

 

THE COURT:   THANK YOU, MR. CHERNOFF.

 

(THE ABOVE-MENTIONED ITEMS WERE MARKED FOR IDENTIFICATION AS PEOPLE’S EXHIBITS NOS. 36-38.)

 

 

Q         BY MR. WALGREN:   INVESTIGATOR FLEAK, WAS THIS AN EMPTY, FULL, PARTIALLY FULL BOTTLE OF PROPOFOL?   WHAT WAS THE STATUS OF IT?

A         IT WAS EMPTY.

 

Q         SHOWING YOU PEOPLE’S 36 FOR IDENTIFICATION, DOES THAT SHOW THE BOTTLE ON THE FLOOR UNDER THE TABLE THAT WOULD BE ESSENTIALLY ADJACENT TO THE NIGHTSTAND?

A         YES, THAT IS THE PROPOFOL VIAL.

 

Q         AND SHOWING YOU PEOPLE’S 37, IS THAT A MORE FOCUSED DIRECT VIEW OF THAT SAME BOTTLE?

A         YES.

 

Q         FOLLOWED BY PEOPLE’S 38, SHOWING IT TO BE A 200 MILLIGRAM BOTTLE OF PROPOFOL?

A         YES.

 

Q         NOW, DID YOU RETURN TO THE LOCATION OF 100 NORTH CAROLWOOD ON JUNE 29, 2009?

A         YES.

 

Q         DID YOU ON THAT DAY RESPOND TO THE LOCATION AND CONTINUE YOUR INVESTIGATION?

A         YES.

 

Q         SHOWING YOU THE DIAGRAM OF THE UPSTAIRS BEDROOM AREA EARLIER MARKED PEOPLE’S 9, LOOKING AT THE BEDROOM AREA WHERE WE FOCUSED YOUR TESTIMONY THUS FAR NEAR THE BED AND SURROUNDING THE NIGHTSTAND AND TABLE, DESCRIBE, IF YOU WILL, IF YOU WERE TO WALK FROM WHERE I AM HERE WITH THE LASER POINTER FROM THE NIGHTSTAND, IF YOU WERE TO WALK THROUGH THIS CORRIDOR INTO THIS NEXT ROOM LABELED BEDROOM 2 CLOSET, CAN YOU DESCRIBE THAT ROOM, THE BEDROOM 2 CLOSET?

A         YES, IT IS AN ATTACHED ROOM LINED WITH WOODEN CABINETS.   ALMOST, VERY TALL, ALMOST TO THE CEILING, WARDROBE LIKE CLOSETS.

 

Q         THIS IS ESSENTIALLY A CLOSET, BUT ESSENTIALLY THE SIZE OF AN AVERAGE BEDROOM?

A         YES.

 

Q         AND WHEN YOU WENT IN ON JUNE 29, 2009, WERE YOU LARGELY IN THIS BEDROOM 2 CLOSET AREA?

A         YES.

 

Q         ON JUNE 29, THEN IN THIS CLOSET AREA, DID YOU RECOVER ITEMS THAT WERE SUBSEQUENTLY LOGGED INTO MEDICAL EVIDENCE?

A         YES.

 

Q         BEFORE I GO INTO THAT AREA, REGARDING THE SYRINGE FROM THE NIGHTSTAND AS WELL AS THE NEEDLE ON THE FLOOR, WAS THAT SUBSEQUENTLY LOGGED BY CORONER’S INVESTIGATORS AS MEDICAL EVIDENCE NO. 1?

A         YES.   OUR CRIMINALIST LABELED IT AS THAT AS WELL.

 

Q         ON JUNE 29, 2009, WAS THE I.V. BAG AND I.V. KIT YOU TESTIFIED TO, WAS THAT COLLECTED AND LOGGED AS MEDICAL EVIDENCE NO. 2?

A         CORRECT.

 

Q         SO FOCUSING NOW ON THE CLOSET AREA OF THE ROOM YOU DESCRIBED, I HAVE A SERIES OF PHOTOGRAPHS. YOUR HONOR, I’LL MARK THESE AT THIS TIME BEGINNING WITH — AND THESE WILL FOCUS, I BELIEVE, ON THIS CLOSET AREA — PEOPLE’S 39, 40, 41, 42, 43, 44, AND 45, YOUR HONOR.

 

THE COURT:   MARKED.

 

MR. WALGREN:   SHOWING THEM TO DEFENSE COUNSEL.

 

MR. CHERNOFF:   NO OBJECTIONS.

 

THE COURT:   THANK YOU.

 

(THE ABOVE-MENTIONED ITEMS WERE MARKED FOR IDENTIFICATION AS PEOPLE’S EXHIBITS NOS. 39-45.)

Q         BY MR. WALGREN:   BEGINNING WITH PHOTOGRAPH CONTAINED IN PEOPLE’S 39, DO YOU RECOGNIZE WHAT IS SHOWN THERE, INVESTIGATOR FLEAK?

A         YES.

 

Q         LET ME ZOOM OUT FOR A MOMENT.   JUST TO MAKE SURE WE ARE PROPERLY ORIENTED, DO YOU SEE THE WOOD CABINET AREA DIRECTLY CENTERED ON PEOPLE’S 39?

A         YES.

 

Q         AND TO THE RIGHT OF THAT, YOU SEE THIS DOORWAY HERE?

 

A         YES, THAT IS THE ENTRANCE FROM THE BEDROOM.

 

Q         SO WHAT WE ARE LOOKING INTO IS THE BEDROOM WHERE YOU WERE INFORMED MICHAEL JACKSON HAD DIED OR WHERE THE INCIDENT HAD TAKEN PLACE?

A         YES.

 

Q         DOES THIS CABINET DEPICTED HERE, PEOPLE’S 39, SHOW ITEMS OF EVIDENCE THAT YOU COLLECTED AND LOGGED ON JUNE 29, 2009?

A         YES.   IN THE TOP SHELF IS THE MEDICAL EVIDENCE I COLLECTED ON THE 29TH.

 

Q         IN THIS PARTICULAR PICTURE, THE CABINET DOORS ARE PROPPED OPEN TO ALLOW FOR PHOTOGRAPHING THE ITEMS IN THE CONDITION YOU FOUND THEM IN?

A         YES.

 

Q         GOING TO PEOPLE’S 40 FOR IDENTIFICATION, IS THAT A CLOSE-UP OF THE SAME ITEMS?

A         YES.

 

Q         IT APPEARS TO BE SOME BAGS AS WELL AS SOME PLASTIC BAGS CONTAINING ITEMS; IS THAT RIGHT?

A         YES.

 

Q         DID YOU REMOVE THOSE ITEMS FROM THAT CABINET AND INVENTORY THEM ON THAT DAY?

YES, I DID.

 

Q         GOING TO PEOPLE’S 41, IS THIS A PICTURE OF SOME OF THE ITEMS AFTER THEY HAD BEEN REMOVED FROM THE CABINET AREA AND LAID OUT ON A NEARBY TABLE?

A         YES, THAT IS.

 

Q         I WANT YOU TO JUST LOOK AT THIS PHOTOGRAPH FOR A MINUTE.   IF YOU COULD BEGIN AT THE LEFT-MOST PORTION OF THIS PHOTOGRAPH WHERE I’M POINTING AT THIS BLACK BAG, CAN YOU BASICALLY DESCRIBE IN SIMPLE TERMS

WHAT THAT IS.

A         IT IS A BLACK SQUARE BAG WITH A ZIPPER.

 

Q         WAS THAT RECOVERED FROM THE CABINET AREA THAT YOU PREVIOUSLY TESTIFIED ABOUT?

A         YES.

 

Q         THEN GOING FROM LEFT TO RIGHT, THIS DARK BLUE BAG APPEARS TO BE LARGER IN SIZE.   WHAT WAS THAT?

A         A LARGE BLUE BAG WITH A ZIPPER LABELED COSTCO ON THE OUTSIDE.

 

Q         PROCEEDING AGAIN FROM LEFT TO RIGHT, THIS   APPEARS TO BE A DUAL COLORED BAG.   WHAT COLOR IS THAT BAG?

A         IT IS A LIGHT BLUE AND BROWN COLORED BAG.

 

Q         WAS THAT THE SAME ZIPPER TYPE BAG?

A         YES.   THAT WAS ACTUALLY LABELED BABY ESSENTIALS, LIKE A BABY BAG.   HAD A ZIPPER AND SIDE POCKETS.

 

Q         AND THEN DEPICTED TO THE RIGHT OF THAT BABY ESSENTIALS BROWN AND BLUE BAG, WHAT ARE THESE ITEMS IN GENERAL TERMS THAT ARE SHOWN HERE IN PLASTIC BAGS?

A         MISCELLANEOUS MEDICAL SUPPLIES.

 

Q         AS WELL AS CREAMS?

A         YES.   THERE WAS A PLASTIC BAG FULL OF BENOQUIN TUBES OF LOTION.

 

Q        WHAT YOU ARE REFERENCING AS FAR AS PLASTIC BAGS, THEY ARE ALMOST WASHED OUT IN THIS PHOTOGRAPH, ARE THESE TWO BAGS TO THE RIGHT OF THE BABY ESSENTIALS BAG?

A         YES.   THOSE ARE THE BOTTLES OF LOTION, TUBES OF LOTION.

 

Q         AGAIN, DID YOU THEN EMPTY THE CONTENTS OF THESE INDIVIDUAL BAGS AND INVENTORY THEIR CONTENTS?

A         YES, I DID.

 

Q         I WANT TO BEGIN WITH THE SMALL BLACK BAG THAT YOU HAVE IDENTIFIED IN THE PREVIOUS PHOTOGRAPH, PHOTOGRAPH MARKED PEOPLE’S 42 FOR IDENTIFICATION.   DOES THAT DEPICT THE SMALL BLACK BAG THAT YOU MENTIONED?

A         THAT IS A PICTURE OF THE INSIDE.

 

Q         IT IS ESSENTIALLY THE BAG IS UNZIPPED AND WE ARE LOOKING INTO THE BAG TO REVEAL ITS CONTENTS?

A         YES.

 

Q         THE UPPER-MOST PORTION OF THAT BAG, THIS BOX HERE, WHAT IS THAT?

A         A BLOOD PRESSURE CUFF.

 

Q         THEN THERE APPEARS TO BE THREE SEPARATE BOTTLES INSIDE THE BAG.   WHAT WERE THOSE?

A         THE THREE BOTTLES OF LIDOCAINE WERE IN THE BLACK BAG.   THREE VIALS.

 

Q         DID YOU INDICATE IN YOUR INVENTORY AS TO WHETHER OR NOT ANY OF THE BOTTLES WERE EMPTY OR FULL?

A         I DID.   I’D HAVE TO CHECK MY NOTES.

 

Q         WOULD IT REFRESH YOUR RECOLLECTION TO LOOK AT YOUR NOTES?

A         YES.

 

Q         COULD YOU, PLEASE?

A         (EXAMINING DOCUMENT)   TWO OF THEM WERE EMPTY, AND ONE OF THEM HAD REMAINING LIQUID.   I DIDN’T QUANTIFY HOW MUCH LIQUID WAS IN IT.

 

Q         DID YOU INDICATE WHETHER IT HAD BEEN IN AN UNSEALED CONDITION OR HAD BEEN OPENED PREVIOUSLY?

A         YES, ALL THREE OF THEM HAD BEEN OPENED.   THEY WERE 30-MILLILITER VIALS.

 

Q         NOW, AGAIN FROM THAT ORIGINAL PHOTOGRAPH AS WE ARE GOING FROM LEFT TO RIGHT, YOU TALK ABOUT THE SMALL BLACK BAG.   I WANT TO TALK ABOUT THE LARGE DARK BLUE COSTCO BAG.   DID YOU INVENTORY THAT BAG?

A         YES.

 

Q         AGAIN, IF AT ANY TIME FOR ACCURACY YOU NEED TO REFRESH YOUR RECOLLECTION, LET US KNOW.

A         I DO NEED TO CHECK MY NOTES FOR WHAT WAS IN WHAT BAG.

 

Q         AGAIN, FOCUSING ON THE LARGE BLUE COSTCO BAG, INSIDE THAT BAG DID YOU FIND A SALINE BAG THAT HAD BEEN APPARENTLY CUT OPEN?

A         YES.

 

Q         DID YOU FIND ANYTHING WITHIN THAT SALINE BAG?

A         YES.   THERE WAS A BOTTLE OF 100-MILLILITER VIAL OF PROPOFOL IN THE CUT-OPEN I.V. BAG.

 

Q         SHOWING YOU PEOPLE’S 45 FOR IDENTIFICATION, DOES THIS SHOW A PICTURE OF THE SALINE BAG YOU MENTIONED AS WELL AS THE PROPOFOL BOTTLE YOU FOUND WITHIN THAT BAG?

 

A         YES.

 

Q        IF I ZOOM IN ON THIS PICTURE, DOES THIS DEPICT THE CUT WITHIN THAT SALINE BAG GOING FROM TOP TO BOTTOM IF THE I.V. BOTTLED HAD BEEN HANGING ON AN I.V. STAND?

 

MR. FLANAGAN:   OBJECT TO THESE QUESTIONS.   ASSUMING FACTS NOT IN EVIDENCE.

 

THE COURT:   SUSTAINED.   THE ANSWER IS STRICKEN. REASK.

 

Q         BY MR. WALGREN:   I’D ASK YOU TO DESCRIBE IN THIS AREA THAT I’M POINTING, WHAT IS SHOWN THERE?

A         THERE IS A SLIT IN THE BAG.

 

Q         THIS PROPOFOL BOTTLE, DID YOU TAKE THIS PHOTOGRAPH OR DIRECT THAT THIS PHOTOGRAPH BE TAKEN WITH THIS PROPOFOL BOTTLE LAYING ON TOP OF THIS CUT OR I.V. BAG WITH THE SLIT IN IT?

 

A         YES, I DID.

 

Q         THAT IS THE PROPOFOL BOTTLE THAT WAS CONTAINED WITHIN THE I.V. BAG?

A         IT WAS INSIDE THE BAG, YES.

 

Q         AGAIN, WE ARE JUST FOCUSING ON THE CONTENTS OF THE COSTCO BAG AT THIS TIME. IN ADDITION TO THE I.V. BAG WITH THE SLIT IN IT AND THE 100 MILLILITER PROPOFOL BOTTLE YOU JUST MENTIONED, WHAT WAS THE NEXT ITEM YOU INVENTORIED?

A         I FOUND A SECOND BAG OF PROPOFOL, SMALLER, A 20-MILLILITER VIAL, AND ONE VIAL OF LORAZEPAM.

 

Q         HANG ON ONE SECOND. THE 20-MILLILITER PROPOFOL BOTTLE — LET ME GO BACK TO THE 100-MILLILITER BOTTLE THAT WAS INSIDE THE I.V. BAG.   HAD THAT BEEN OPENED?

A         IT WAS OPEN AND HAD LIQUID IN IT.

 

Q         YOU SAID YOU FOUND ANOTHER 20-MILLILITER PROPOFOL BOTTLE?

A         YES.

 

Q         AND THE CONDITION OF ITS CONTENTS?

A         OPEN WITH LIQUID IN IT.

 

Q         THE NEXT ITEM YOU INVENTORIED, TEN-MILLILITER LORAZEPAM VIAL.   WHAT WAS ITS CONDITION?

A         OPEN WITH LIQUID IN IT.

 

Q         THE NEXT ITEM YOU INVENTORIED?

A         TWO VIALS OF MIDAZOLAM.

 

Q         M-I-D-A-Z-O-L-A-M?

 

A         YES, TEN-MILLILITER VIALS.

 

Q         TWO SEPARATE?

 

A         BOTH OPEN.   BOTH HAD LIQUID IN THEM.

 

Q         AND IN ADDITION TO THE TWO BOTTLES OF PROPOFOL, THE BOTTLE OF LORAZEPAM, AND THE TWO BOTTLES OF MIDAZOLAM, AS WELL AS THE I.V. BAG, WAS THERE ANY OTHER ITEMS IN THERE THAT YOU INVENTORIED AS COMING FROM THE

BLUE COSTCO BAG?

A         YES.

 

Q         WHAT WAS THAT?

A         THERE WAS A BLOODY PIECE OF GAUZE, SQUARE PIECE OF GAUZE, A BAG OF MISCELLANEOUS MEDICAL PACKAGING THAT HAD BEEN CRUMPLED UP, SUPPLY PACKAGING, AND A PULSE ONYX MONITOR OR A FINGER PULSE MONITOR.

 

Q         DID YOU ALSO DO THE SAME INVENTORY OF THE LIGHT BLUE AND BROWN BABY ESSENTIALS BAG?

A         YES, I DID.

 

Q         IF YOU COULD, WHAT WAS THE FIRST ITEM YOU INVENTORIED FROM THAT LIGHT BROWN AND BLUE BAG?

A         TWO 100-MILLILITER VIALS OF PROPOFOL.   THEY WERE UNOPENED.

 

Q         NEXT?

 

A         FOUR 20-MILLILITER VIALS OF PROPOFOL, UNOPENED.

 

Q         NEXT?

A         THREE 20-MILLILITER BOTTLES OF PROPOFOL, OPENED WITH LIQUID.

 

Q         ALL THREE HAD BEEN OPENED?

A         THOSE THREE WERE OPEN.

 

THE COURT:   AGAIN, LET’S WAIT A MOMENT BEFORE SPEAKING OVER EACH OTHER.

 

Q         BY MR. WALGREN:   THANK YOU, YOUR HONOR. AFTER THOSE THREE OPENED 20-MILLILITER PROPOFOL BOTTLES, WHAT WAS THE NEXT ITEM YOU INVENTORIED

AS COMING FROM THE BROWN AND LIGHT BLUE BAG?

A         TWO 30-MILLILITER BOTTLES OF LIDOCAINE.

 

Q         AND THEIR CONDITION?

A         OPEN WITH LIQUID IN THEM.

 

Q         NEXT?

A         ONE 30-MILLILITER VIAL OF LIDOCAINE, UNOPENED.

 

Q         NEXT?

A         ONE TEN-MILLILITER VIAL OF MIDAZOLAM, OPEN WITH LIQUID.

 

Q         NEXT?

A         TWO TEN-MILLILITER VIALS OF MIDAZOLAM.   THEY WERE UNOPENED.

 

Q         NEXT?

A         THREE VIALS OF FLUMAZENIL, FIVE MILLILITER.THEY WERE UNOPENED.

 

Q         NEXT?

A         ONE FIVE-MILLILITER VIAL OF FLUMAZENIL THAT WAS OPEN WITH LIQUID.

 

Q         NEXT?

A         ONE BOTTLE OF LORAZEPAM, FOUR MILLILITER, WITH REMAINING LIQUID.

 

Q         OKAY, AND NEXT?

A         AND ONE FOUR-MILLILITER VIAL OF LORAZEPAM THAT WAS UNOPENED.

 

Q         NOW, IN REGARDS SPECIFICALLY TO THIS BROWN AND LIGHT BLUE BAG, IN ADDITION TO THOSE VARIOUS BOTTLES AND VIALS, WERE THERE OTHER ITEMS THAT YOU INVENTORIED AS COMING FROM THAT BAG?

A         YES.

 

Q         WHAT WAS THAT?

A         THE RED PILL BOTTLE WITH NO LABEL THAT CONTAINED 14 CAPSULES, RED AND BLACK CAPSULES, DETERMINED TO BE EPHEDRINE AND CAFFEINE PILLS.

 

Q         OKAY.

A         ANOTHER TUBE OF BENOQUIN, THE TUBE OF LOTION, OVER-THE-COUNTER EYE DROPS, FIVE BUSINESS CARDS OF DR. MURRAY, BUSINESS CARDS.

Q         EACH OF THOSE FIVE BUSINESS CARDS IN THE LIGHT BLUE AND BROWN BAG WAS A BUSINESS CARD FOR DR. CONRAD MURRAY?

A         YES.

 

Q         AND ANYTHING ELSE?

A         AN I.V. CLAMP AND A BLUE STRIP OF RUBBER.

 

Q         DID YOU RECOGNIZE THE BLUE RUBBER STRIP AS SOME TYPE OF MEDICAL EQUIPMENT?

A         YES, USED LIKE A TOURNIQUET WHEN TAKING BLOOD AND USING A NEEDLE TO ENTER THE ARM, TAKE BLOOD OR ADMINISTER SOMETHING.

 

Q         SOMETHING THAT WOULD BE TIED AROUND THE ARM TO RESTRICT BLOOD FLOW SO YOU COULD FIND A VEIN AND LOCATE AN I.V. SPOT?

A         YES.

 

Q         INVESTIGATOR FLEAK, IN TOTAL, LOOKING AT THE CONTENTS OF BOTH THE DARK BLUE COSTCO BAG AS WELL AS THE BROWN AND LIGHT BLUE BABY ESSENTIALS BAG, IS IT ACCURATE TO SAY THERE WERE, IN WHATEVER CONDITION THEY MAY HAVE BEEN, THERE WERE ELEVEN BOTTLES OF PROPOFOL?

 

A         CORRECT.

 

Q         AND IN ADDITION TO THE ONE EMPTY BOTTLE OF PROPOFOL FOUND ON THE FLOOR ON JUNE 25, 2009, THAT WOULD BE A TOTAL OF 12 BOTTLES OF PROPOFOL?

 

A         YES.

 

Q         IN REGARD TO THE CONTENTS OF THE BROWN AND LIGHT BLUE BAG AS WELL AS THE SMALL BLACK ZIPPER BAG, IS IT TRUE THERE WERE SIX BOTTLES OF LIDOCAINE?

A         I’D HAVE TO COUNT.

 

Q         COULD YOU, PLEASE.

A         (EXAMINING DOCUMENT)   SIX, CORRECT.

 

Q         IN ADDITION TO THE LIDOCAINE LOTION THAT YOU MENTIONED?

A         YES.

 

Q         AND IN ADDITION TO THE OTHER VARIOUS MEDICATIONS AND BENZODIAZEPINES THAT YOU MENTIONED?

A         RIGHT.

 

MR. WALGREN:   MAY I HAVE A MOMENT, YOUR HONOR?

 

THE COURT:   PLEASE.

 

Q         BY MR. WALGREN:   INVESTIGATOR FLEAK, JUST BRIEFLY SHOWING YOU PEOPLE’S 43, LOOKING AT PEOPLE’S 43 DOES THAT SHOW SOME OF THE CONTENTS THAT WERE RECOVERED FROM THE BROWN AND LIGHT BLUE BABY ESSENTIALS BAG?

A         YES.

 

Q         IN THIS PICTURE, AT LEAST IT DEPICTS FOUR BOTTLES OF THE TWO HUNDRED MILLIGRAMS OF PROPOFOL?

A         YES.

 

Q         TWO BOTTLES OF FLUMAZENIL AS WELL AS A BOTTLE OF MIDAZOLAM AND A BOTTLE OF LORAZEPAM?

A         YES.

 

Q         LOOKING AT PEOPLE’S 44, DOES THIS DEPICT SOME OF THE ADDITIONAL CONTENTS OF THE BROWN AND LIGHT BLUE BABY ESSENTIALS BAG?

A         YES.

 

Q         AND AGAIN, THE LARGER BOTTLE, 100-MILLILITER, DEPICTING TWO BOTTLES OF PROPOFOL THAT SIZE?

A         YES.

 

Q         AS WELL AS ANOTHER BOTTLE OF FLUMAZENIL; IS THAT RIGHT?

A         YES.   I CAN’T TELL WHAT THAT ONE IS.

 

Q         IF I CAN ZOOM IN, CAN YOU SEE FLUMAZENIL?

A         YES.   TWO 200-MILLIGRAM BOTTLES OF PROPOFOL.

 

THE COURT:   I’M SORRY.   MILLIGRAMS OR MILLILITERS?

 

THE WITNESS:   ML.

 

THE COURT:  WHICH IS?

 

THE WITNESS:   MILLILITER.

 

Q         BY MR. WALGREN:   200-MILLIGRAM/20-MILLILITER; IS THAT RIGHT?

A         I REFER TO ALL MY NOTES AS ML.   IT PROBABLY IS MG PER ML.   MILLIGRAMS PER MILLILITER.

 

Q         BUT THE SMALLER OF THE TWO BOTTLES AS RELATES TO PEOPLE’S 44, YOU HAVE THE LARGER BOTTLE HERE?

A         THOSE ARE 100 ML, YES.

 

Q         AND THEN THE SMALLER SIZE, 20 ML?

A         YES.

 

Q         AS WELL AS ANOTHER BOTTLE OF LORAZEPAM AND MIDAZOLAM?

A         YES.

 

Q         PEOPLE’S 43 AND 44, THAT IS NOT AN EXHAUSTIVE LIST OF THE ITEMS RECOVERED, BUT ARE THOSE REPRESENTATIVE PHOTOS OF SOME OF THE ITEMS YOU RECOVERED?

A         YES.

 

MR. WALGREN:   THANK YOU.   I HAVE NOTHING FURTHER, YOUR HONOR.

THE COURT:   MR. WALGREN, THANK YOU.

 

CROSS-EXAMINATION, MR. FLANAGAN.

 

MR. FLANAGAN:  YES.

 

CROSS-EXAMINATION BY MR. FLANAGAN:

 

Q         INVESTIGATOR FLEAK, YOU MADE A SEARCH OF THE BEDROOM ON THE 25TH IN THE EVENING?

A         YES.

 

Q         THAT IS WHERE YOU OBTAINED ALL OF THE PICTURES OF THE BED AND THE ITEMS SURROUNDING THE BED?

A         THERE WERE PICTURES TAKEN ON THE 25TH AND THE 29TH.

 

Q         NOW, THE PICTURES ON THE 29TH, WERE THEY TAKEN OF THE BED AREA?

A        THERE WERE SOME TAKEN IN THAT ROOM AS WELL.

 

Q         ON THE 29TH, YOU WENT BACK PRIMARILY TO LOOK IN THE CLOSET; ISN’T THAT CORRECT?

A         I WAS TOLD BY DETECTIVES THAT ADDITIONAL INFORMATION — THEY PERFORMED AN INTERVIEW AND HAD ADDITIONAL INFORMATION ABOUT POSSIBLE MEDICAL EVIDENCE THAT WAS AT THE HOUSE.

 

Q         THEY TOLD YOU THAT DR. MURRAY GAVE THEM THE LOCATION AND WHAT THEY COULD FIND?

A         I DON’T BELIEVE THEY SAID IT LIKE THAT.

 

Q         DID THEY TELL YOU THAT THE INTERVIEW THAT THEY HAD HAD –

 

MR. WALGREN:   OBJECTION.   BEYOND THE SCOPE. RELEVANCE.

 

THE COURT:   LET’S ALLOW THE WHOLE QUESTION TO BE ASKED.

 

Q         BY MR. FLANAGAN:   DID THEY TELL YOU THE INTERVIEW THEY HAD AND THE INFORMATION THEY HAD WAS FROM DR. MURRAY?

A         YES.

 

MR. WALGREN:   OBJECTION.   BEYOND THE SCOPE. RELEVANCE.   CALLS FOR SPECULATION.

 

THE COURT:   SUSTAINED.   THE ANSWER IS STRICKEN.

 

Q         BY MR. FLANAGAN:   DID THEY TELL YOU WHAT INFORMATION THEY HAD THAT YOU ACTED ON?

 

MR. WALGREN:   OBJECTION.   RELEVANCE.   BEYOND THE SCOPE.

 

THE COURT:   SUSTAINED.

 

Q         BY MR. FLANAGAN:   WHY DID YOU GO BACK ON THE 29TH?

A         I WAS TOLD THERE WAS ADDITIONAL MEDICAL EVIDENCE AT THE HOUSE.

 

Q        WHO TOLD YOU THAT?

 

A         DETECTIVE SMITH.

 

Q         DID HE TELL YOU WHAT WAS THERE AT THE HOUSE?

A         NO.

Q         DID HE TELL YOU WHERE TO LOOK FOR IT?

A         NO.

 

Q         DID HE TELL YOU WHERE TO LOOK?

A         YES.

 

Q         HE TOLD YOU SPECIFICALLY TO LOOK IN THE CLOSET?

A         CORRECT, IN THAT CLOSET ROOM.

 

Q         HAD YOU LOOKED IN THAT ROOM ON THE 25TH?

A         I HAD NOT.   I BELIEVE I HAD GLANCED, SCANNED THE ROOM, BUT I DID NOT SEARCH IT.

 

Q         SO YOU WENT BACK AND SEARCHED FOR PURPOSES OF FINDING EVIDENCE THAT MR. SMITH OR DETECTIVE SMITH SAID WOULD BE THERE?

A         YES.

 

Q         WE HAVE SEEN PHOTOGRAPHS OF A SHELF WITH THE BLUE BAG, THE COSTCO BAG, THE BLACK SQUARE BAG.   DID YOU SEARCH ANY OF THE OTHER ITEMS, ANY OF THE OTHER DRAWERS?

A        YES.

 

Q         WAS ALL OF THE STUFF THAT YOU FOUND, THAT YOU TOOK INTO YOUR CUSTODY, ALL CONTAINED IN THAT ONE LITTLE AREA WHERE THE COSTCO BAG, THE BLACK BAG, AND THE LIGHT BLUE AND TAN BAG WAS?

A         THOSE THREE BAGS WERE FROM THAT CABINET, YES.

 

Q         THERE WAS NOTHING ELSE THAT YOU SEIZED OTHER THAN THAT?

A         THERE WAS A BAG OF TUBES OF LOTION AND OTHER THINGS THAT WERE IN THE PHOTOGRAPH.

 

Q         NOW, WHEN YOU WENT THROUGH AND YOU SEARCHED ALL THE DRAWERS, CABINETS IN THAT ROOM, DID YOU EVER FIND A TRASH BAG?

A         WHAT TYPE OF TRASH BAG?

 

Q         LIKE A GROCERY PLASTIC BAG.

A         NO.   IN THE BLUE COSTCO BAG, THERE WAS A BAG OF MISCELLANEOUS MEDICAL PACKAGING THAT WAS CRUMPLED UP IN A PLASTIC BAG, BUT IT WAS NOT A GROCERY BAG, I DON’T BELIEVE.

Q         WHAT KIND OF BAG WAS IT?

A         A CLEAR PLASTIC BAG.

 

Q         LIKE A BAGGIE?

 

MR. WALGREN:   OBJECTION.   VAGUE.

 

MR. FLANAGAN:   I THINK EVERYBODY KNOWS WHAT A PLASTIC BAG IS, A BAGGIE.

 

THE WITNESS:   A GALLON SIZE.

 

Q         BY MR. FLANAGAN:   YOU KNOW WHAT A BAGGIE IS?

A         NO.

 

Q         LIKE A SANDWICH BAGGIE.   YOU CAN BUY BAGGIES IN THE STORE, THE LITTLE ONES YOU PUT SANDWICHES IN.

A         THERE IS MEDICAL PLASTIC BAGS.   THERE IS EVIDENCE PLASTIC BAGS.

 

Q         WHAT KIND OF PLASTIC BAG WAS IT?

A         A CLEAR PLASTIC BAG ABOUT THE SIZE OF A GALLON SIZE.

 

Q         WHAT TYPE OF TOP DID IT HAVE ON IT?

A         NO TOP.   THERE WAS NO ZIPPER, NO SEAL AT THE TOP.   JUST AN OPEN, SMOOTH EDGE PLASTIC BAG.

 

Q         AND YOU SAID THERE WAS PACKAGING, LIKE PAPER PACKAGING?

A         CRUMPLED UP PLASTICS, LIKE A SYRINGE, DISPOSABLE SYRINGE, DISPOSABLE CATHETERS, THE PACKAGING THAT SURROUNDS EACH ONE OF THOSE.   TISSUE, LIKE KLEENEX TISSUE CRUMPLED UP.

 

Q         ANYTHING THAT HAD ANY BIOLOGICAL MATTER ON IT THAT YOU WERE AWARE OF?

A         THE ONE GAUZE THAT DID HAVE BLOOD ON IT, I COLLECTED SEPARATELY.

 

Q         AND WAS THAT IN THAT BAG?

A         THAT WAS — I HAVE TO CHECK MY NOTES. (EXAMINING DOCUMENT)   I DO NOT REMEMBER IF THAT WAS IN THAT PLASTIC BAG OR SEPARATE.   IT WAS IN THE BLUE COSTCO BAG, BUT I DON’T REMEMBER SPECIFICALLY IF IT WAS CRUMPLED UP IN THAT PLASTIC BAGGIE.

 

Q         WHAT DID THE FINGER PULSE MONITOR LOOK LIKE?

A         SMALL BLACK SQUARE WITH A LANYARD ATTACHED TO IT THAT’S RED.   IT WAS LABELED ONYX.

 

Q         THAT IS HOW YOU KNEW IT WAS A PULSE MONITOR?

A         I’VE SEEN THEM BEFORE.

 

Q         NOW, IN THAT BLUE COSTCO BAG, YOU DESCRIBED AN I.V. BAG THAT HAD BEEN CUT OPEN AND THE 100-MILLILITER BOTTLE OF PROPOFOL WAS INSIDE OF IT?

A         YES.

 

Q         AND YOU SAY IT WAS OPEN AND HAD LIQUID IN IT; IS THAT CORRECT?

A         YES.

 

Q         HOW MUCH LIQUID?

A         I DIDN’T QUANTIFY THE LIQUID IN ANY OF THE 21   VIALS.

 

Q         WITHOUT ASKING YOU EXACTLY TO QUANTIFY, WAS IT HALF FULL?

A         I DON’T REMEMBER.

 

Q         IT WAS MORE THAN A RESIDUE?

A         I DON’T REMEMBER.

 

Q        THE 20-MILLILITER PROPOFOL BOTTLE, THAT WAS ALSO IN THAT BAG?

A         IT WAS IN THE BLUE COSTCO BAG.   IT WAS NOT IN THE I.V. SALINE BAG.

 

Q         WOULD YOU DESCRIBE IT AS EMPTY WITH RESIDUE OR SIGNIFICANT AMOUNT?

A         I DON’T REMEMBER.

Q         THE TEN-MILLILITER BOTTLE OF LORAZEPAM, DO YOU RECALL, IT SAYS HERE, PRINTED, RESIDUAL.   WHAT DO YOUR NOTES MEAN THERE?

A         IT WAS FINGERPRINTED AND THERE WAS RESIDUAL LIQUID IN THE VIAL.

 

Q         WHEN YOU SAY RESIDUAL LIQUID, ARE YOU TALKING ABOUT AN EMPTY BOTTLE WITH JUST RESIDUE OR TALKING ABOUT SIGNIFICANT, SUCH AS A QUARTER FULL, HALF FULL?

A         I’M NOT QUANTIFYING IT.   THERE WAS LIQUID IN THE BOTTLE.   THERE WERE SO MANY VIALS, I DON’T REMEMBER WHICH ONES WERE MORE FULL OR LESS FULL, AND I DIDN’T DOCUMENT THAT AT THE TIME.

 

Q         BUT YOU FINGERPRINTED?

A         I DID NOT FINGERPRINT THEM.

 

Q         I GUESS THE PLUS YOU HAVE ON YOUR NOTES MEANS IT WAS LIQUID IN IT?

 

MR. WALGREN:   OBJECTION.   MISSTATES THE TESTIMONY.

 

Q         BY MR. FLANAGAN:   TELL ME.

 

THE COURT:   OVERRULED.   WHAT DOES THAT MEAN?

 

THE WITNESS:   WHAT WAS THE QUESTION?

 

Q        BY MR. FLANAGAN:   LIKE THE 100-MILLILITER PROPOFOL, IT SAYS OPEN, THEN THERE IS A PLUS IN A CIRCLE, LIQUID, PRINTED IN YOUR NOTES.   TELL ME WHAT THAT ALL MEANS.

A         THE BOTTLE WAS OPEN.   IT WAS POSITIVE FOR LIQUID.   IT HAD LIQUID IN IT, AND IT WAS FINGERPRINTED. AT THIS TIME I BELIEVE IT WAS POSSIBLY GOING TO BE FINGERPRINTED.   WE DID NOT FINGERPRINT THEM YET WHEN I TOOK THOSE.

 

Q         THE OTHER BOTTLES, THE 20-MILLILITER BOTTLE AND TEN-MILLILITER MIDAZOLAM, IT DOESN’T SAY POSITIVE FOR LIQUID.   YOU USE THE TERM RESIDUAL.   DOES THAT MEAN SOMETHING DIFFERENT?

A         NOT IN MY MIND, NO.   JUST IT WAS POSITIVE FOR LIQUID, RESIDUAL LIQUID.   THAT WAS JUST HOW I WAS TAKING NOTES.

 

Q         AND THE BLACK SQUARE BAG, THE FIRST THING THAT YOU GOT LISTED THERE IS A CROSS-OUT HERE.   THAT IS TWO OR THREE 30-MILLILITER BOTTLES?

A         YOU ARE REFERRING TO MY NOTES?

 

Q         YES, YOUR NOTES.   THE NEXT PAGE FROM THE ONE WE WERE JUST GOING THROUGH.

A         IT IS JUST A NUMBER 2.

 

Q         IT IS A NUMBER 2?

A         THE COSTCO BLUE BAG AT THE TIME, THAT WAS THE FIRST BAG I HAD GONE THROUGH.   THE SECOND BAG WAS THE BLACK SQUARE BAG.

 

Q         YES.   THE BLACK SQUARE BAG IS THE ONE I’M TALKING ABOUT.

A         AND THE NUMBER CROSSED OUT, I DON’T REMEMBER WHY I CROSSED THAT NUMBER OUT.

 

SO IT IS TWO 30-MILLILITER VIALS, LIDOCAINE. THEN IT SAYS OPEN, EMPTY.   THAT MEANS ALL 30 MILLILITERS WERE GONE?

A         YES.

 

Q         OUT OF THOSE TWO VIALS?

A         YES.   EMPTY MEANS THERE WAS NO LIQUID IN IT THAT I COULD SEE.

 

Q         AND THE OTHER ONE WAS ONE 30-MILLILITER VIAL AND IT HAD LIQUID IN IT?

A         YES.

 

Q         YOU DON’T RECALL HOW MUCH?

A         NO.

 

Q         AND THEN ALSO IN THAT BLACK SQUARE BAG WAS THE BLOOD PRESSURE CUFF?

A         YES.

 

Q         WHAT IS THE SECOND THING THAT YOU FOUND IN THERE?

 

MR. WALGREN:   OBJECTION.   VAGUE.

 

THE COURT:   SUSTAINED.

 

MR. FLANAGAN:   WELL, IT IS LISTED RIGHT UNDER THE BLOOD PRESSURE CUFF.   I CAN’T READ HER WRITING.

 

THE WITNESS:   IT SAYS ONE BLACK BAG.   I WAS REFERRING — I SEPARATED IN MY NOTES MEDICAL EVIDENCE AND PHYSICAL EVIDENCE BECAUSE THAT IS HOW OUR OFFICE LOGGED IT.   IT JUST MEANT THE BLACK BAG ITSELF.

 

Q         BY MR. FLANAGAN:   THAT IS THE BLACK BAG THAT THE WHOLE THING WAS IN?

 

THE COURT:   JUST A MOMENT.   WE ARE SPEAKING OVER EACH OTHER.   THANK YOU.

 

Q         BY MR. FLANAGAN:   THEN THE NEXT ONE, THE LIGHT BLUE AND BROWN BAG LOCATED IN THE CLOSET, THAT WAS A MIXTURE OF OPEN BOTTLES AND CLOSED BOTTLES?

A         CORRECT.

 

Q         DID THEY ALL HAVE LIQUID IN THEM?

A        I’D HAVE TO REVIEW MY NOTES.   (EXAMINING DOCUMENT)   YES.

 

Q         SO SOME OF THE BOTTLES WHICH WERE PROPOFOL, LIDOCAINE, MIDAZOLAM, FLUMAZENIL, SOME OF THEM WERE INTACT AND CLOSED, AND SOME OF THEM WERE PARTIALLY USED?

A         CORRECT.

 

Q         THE I.V. FROM THE I.V. BAG, I THINK IT IS THE LAST PAGE OF YOUR WORKSHEET HERE.   THE I.V. BAG FROM THE I.V. STAND.   NOW, THE I.V. BAG, DID IT HAVE LIQUID IN IT?

A         YES, IT DID.

 

Q         DID YOU HAVE THAT FINGERPRINTED?

MR. WALGREN:   OBJECTION.   BEYOND THE SCOPE.

 

Q        BY MR. FLANAGAN:   DID YOU REQUEST IT TO BE PRINTED?

 

THE COURT:   THE OBJECTION IS OVERRULED.   YOU MAY ANSWER.

 

THE WITNESS:   I DON’T REMEMBER.

 

Q         BY MR. FLANAGAN:   AND THIS I.V. BAG HAD SOME TUBING COMING DOWN FROM IT?

A         YES.

 

Q         IN THAT TUBING, THERE WAS A SYRINGE?

A         HALFWAY DOWN THE TUBING, THERE WAS A CLAMP, A V-SHAPED CLAMP.   AND IN ONE OF THE HEADS OF THE CLAMP THERE WAS A SYRINGE.   IT WAS NOT DIRECTLY IN THE TUBING.

 

Q         AND DID THAT SYRINGE HAVE A RESIDUE?

 

MR. WALGREN:   ASSUMES FACTS NOT IN EVIDENCE, YOUR HONOR, THAT SHE MADE THAT OBSERVATION.

 

THE COURT:   OVERRULED.   IF YOU RECALL, DID YOU OBSERVE IT?

 

THE WITNESS:   I DID OBSERVE IT.   THE PLUNGER WAS DEPRESSED.   I DON’T KNOW.   I DON’T REMEMBER IF THERE WAS A SMALL AMOUNT OF LIQUID OR NO LIQUID AT ALL IN THE SYRINGE.

 

Q         BY MR. FLANAGAN:   WAS THE PLUNGER COMPLETELY PRESSED?

A         I DON’T REMEMBER EXACTLY WHERE IT WAS.

 

Q         AS OF THIS TIME, YOU DO NOT RECALL A RESIDUE?

A         I DON’T REMEMBER.

 

Q         NOW, WAS THERE MORE I.V. TUBING BELOW THAT V-PORT?

A         YES.

 

Q         AND DO YOU RECALL WHETHER IT HAD ANY LIQUID IN IT?

A         I DON’T REMEMBER.

 

Q         THE I.V. TUBING ABOVE THE INJECTION PORT OR THE V-PORT, DID IT HAVE LIQUID IN IT?

A         YES.

 

Q         AND DID YOU NOTICE THE LIQUID, WHETHER IT WAS CLEAR?

A        YES, THE LIQUID WAS CLEAR.

 

Q         WHAT ABOUT THE TUBING BELOW THE INJECTION PORT, WAS THAT CLEAR?

A         I DON’T REMEMBER.

 

Q         AND WAS THE I.V. BAG CLEAR?

A         YES.

 

Q         IT DIDN’T HAVE A MILKY APPEARANCE TO IT?

A         NO.

 

THE COURT:   DOUBLE NEGATIVE.

 

THE WITNESS:   IT DID NOT HAVE A MILKY APPEARANCE.

 

Q         BY MR. FLANAGAN:   AND THIS IS THE ONE THING THAT WAS FOUND IN THE BEDROOM?

A         IT WAS FOUND ON THE I.V. STAND.

 

MR. WALGREN:   OBJECTION.   MISSTATES THE TESTIMONY.

 

THE COURT:   SUSTAINED.   THE ANSWER IS STRICKEN.

 

Q         BY MR. FLANAGAN:   YOU WENT BACK ON THE 29TH. ON THAT DAY, IS THIS THE ONLY THING YOU SEIZED FROM THE BEDROOM?

A         YES.

 

Q         I DON’T UNDERSTAND THE LAST LINE OF YOUR NOTE THERE.   DOES THAT SAY COVERED IN FINGERPRINT?

A         FINGERPRINT RESIDUE.

 

Q         WHAT IS THAT?

 

A         IT HAD THE BLACK DUSTING.   IT WAS FINGERPRINTED.

 

Q         SO IT HAD THE APPEARANCE OF HAVING BEEN PRINTED?

A         YES.

 

Q         DID THE SYRINGE HAVE THE APPEARANCE OF HAVING BEEN PRINTED?

A        I DON’T REMEMBER.

 

Q         WHAT ABOUT THE TUBING.   DID THAT HAVE THE APPEARANCE OF HAVING BEEN TESTED?

A         NO.   IT DID NOT HAVE THE BLACK FINGERPRINT DUST ON IT.

 

Q         THE ONLY FINGERPRINT DUST YOU REMEMBER IS FROM THE I.V. BAG ITSELF?

A         CORRECT.

 

Q         DO YOU HAVE A RECOLLECTION OF HOW FULL IT WAS, THE I.V. BAG?

A         THREE-QUARTERS, HALF TO THREE-QUARTERS.   IT APPEARED TO HAVE THREE-QUARTERS WHEN IT WAS HANGING.

 

Q         NOW, YOU WERE THERE ON THE 25TH, AND YOU FOUND QUITE A FEW THINGS.

COULD I HAVE — ARE THESE PUT IN HERE IN THE ORDER YOU LOOKED AT THEM?

 

MR. WALGREN:   MORE OR LESS.

 

THE COURT:   MR. FLANAGAN, ARE YOU GOING TO NEED MORE THAN A FEW MINUTES?

 

MR. FLANAGAN:   NO.   I DON’T THINK SO.

 

THE COURT:   I DON’T MEAN TO LOOK AT THE EXHIBITS. WE ARE ABOUT TIME FOR OUR MIDAFTERNOON BREAK.   I DON’T KNOW IF THIS IS A CONVENIENT TIME, OR DO YOU WANT TO WRAP SOMETHING UP?

 

MR. FLANAGAN:   THIS IS FINE.

 

THE COURT:   THIS WOULD BE A CONVENIENT TIME.   IF WE MAY, LET’S TAKE THE MIDAFTERNOON BREAK AT THIS TIME.   MS. FLEAK, PLEASE COME BACK AT 3:00 P.M.   WE WILL BE READY FOR YOU AT 3:00 P.M.

 

(RECESS.)

 

THE COURT:   IN DR. MURRAY’S CASE, DR. MURRAY IS PRESENT WITH HIS COUNSEL.   THE PEOPLE BY THEIR COUNSEL.   MS. FLEAK IS ONCE AGAIN ON THE WITNESS STAND.   MS. FLEAK, GOOD MORNING.

 

THE WITNESS:   GOOD AFTERNOON.

 

THE COURT:   YOU UNDERSTAND YOU ARE STILL UNDER OATH AND STILL SWORN TO TELL THE TRUTH?

 

THE WITNESS:   YES.

 

THE COURT:   RESUMPTION OF CROSS, PLEASE, MR. FLANAGAN.

 

Q         BY MR. FLANAGAN:   JUST BRIEFLY, BACK ON THE COSTCO BAG, EVERYTHING IN THAT BAG, OTHER THAN THE PULSE MONITOR, APPEARED TO HAVE BEEN USED AND PERHAPS WAS TRASH; IS THAT CORRECT?

 

MR. WALGREN:   OBJECTION.   VAGUE.

 

THE WITNESS:   NO, NOT EVERYTHING ELSE.   THERE WAS THE VIAL, THE MEDICAL EVIDENCE, AND THERE WAS – YOU MEAN, DO YOU WANT ME TO GO THROUGH ITEM BY ITEM?

 

Q         BY MR. FLANAGAN:   THE COSTCO BLUE BAG?

A         THERE WERE THE VIALS, THE MEDICATIONS.

 

Q         BUT IT ALL APPEARED TO BE USED?

A         IT APPEARED CRUMPLED UP.   I DON’T KNOW IF IT WAS USED OR NOT.

 

Q         WHAT WAS CRUMPLED UP?

A         THE PACKAGING IN THAT CLEAR PLASTIC BAG THAT WAS INSIDE.

 

Q         YOU DESCRIBED THAT AS THE BAG OF MEDICAL GARBAGE?

A         YES.

 

Q         AND THEN THERE IS THE PIECE OF GAUZE, THE BLOODY PIECE OF COTTON WITH SOME BLOOD ON IT?

A         YES.

 

Q         CLEARLY USED?

A         THAT WAS, YES.

 

Q         ALL OF THE THINGS, ALL OF THE VIALS THAT YOU DESCRIBED WHICH YOU FOUND IN THAT BAG HAD BEEN USED; IS THAT CORRECT?

 

A         THEY WERE, YES.   THEY WERE OPEN, AND THERE WAS LIQUID IN THEM.

 

Q         SO THAT BAG BASICALLY WOULD HAVE CONTAINED WHAT YOU MIGHT DESCRIBE AS TRASH; IS THAT CORRECT?

 

MR. WALGREN:   OBJECTION.   VAGUE AS TO THE SPECIFIC ITEMS WE ARE DISCUSSING.

 

THE COURT:   I’LL SUSTAIN THE OBJECTION.

 

Q         BY MR. FLANAGAN:   IN THE MAIN ROOM — DO YOU HAVE THAT POINTER, THE LASER?

A         YES.

 

Q         WHERE WAS THE I.V. BAG ON THE STAND THAT HAD THE SYRINGE IN IT?   WHERE WAS THAT IN THAT ROOM?

A         IN THIS CORNER (INDICATING).

 

THE COURT:   PEOPLE’S?

 

MR. CHERNOFF:   IT IS 9.

 

THE COURT:   THANK YOU.

 

Q         BY MR. FLANAGAN:   WHY WASN’T THAT TAKEN ON THE 25TH?

A         AT THE TIME I WAS NOT LOOKING FOR ANYTHING THAT WAS BEING ADMINISTERED INTRAVENOUSLY.   I FOUND THE VIALS OF PROPOFOL AND FLUMAZENIL.   IF ANYTHING, I THOUGHT THEY WERE INJECTABLES.   I’M USED TO TYPICALLY LOOKING FOR PILLS, ANYTHING THAT INVOLVES MEDICATIONS, OR IN MY FORM OF WORK WE ENCOUNTER PILL BOTTLES A LOT.   I WAS FOCUSED ON THAT.  I DIDN’T KNOW WHAT PROPOFOL WAS AT THE TIME THAT I WAS THERE.   I DIDN’T EXPECT — I DIDN’T KNOW IT WAS ADMINISTERED INTRAVENOUSLY.   I DIDN’T THINK TO COLLECT THE SALINE BAG. WHEN I LOOKED AT THE I.V. BAG, I THOUGHT IT WAS POSSIBLY FOR REHYDRATION.   I DID NOT KNOW IT WAS USED TO ADMINISTER THE DRUGS THAT WERE THERE.

 

Q         SO YOU SAW A BUNCH OF I.V. DRUGS THERE?

 

MR. WALGREN:   OBJECTION.

 

THE WITNESS:   I SAW VIALS OF MEDICATIONS.

 

THE COURT:   OVERRULED.

 

Q         BY MR. FLANAGAN:   THERE WAS A SYRINGE ON THE TABLE THAT YOU DESCRIBED IN YOUR SEARCH?

A         YES.

 

Q         YOU TOOK THAT?

A         I DID.

 

Q         THERE WAS A NEEDLE THAT YOU DESCRIBED AS PART OF THAT.   I THINK YOU REFERRED TO IT AS A BROKEN SYRINGE?

A         I DID REFER TO IT AS BROKEN.   I SHOULD HAVE DESCRIBED IT AS SEPARATE.   THE SYRINGE PLUNGER, PLASTIC APPARATUS, AND NEEDLE THAT WAS THERE ON THE GROUND.

 

Q         IS IT BROKEN OR NOT?

A         IT WAS NOT CRACKED.   IT WAS NOT BROKEN.   THE ACTUAL PIECE WAS NOT DEFECTIVE IN ANY WAY.   THEY WERE JUST SEPARATE, THE NEEDLE AND THE SYRINGE PLUNGER.

 

Q         SO AS YOU SITTING HERE NOW, YOU WOULD NOT HAVE DESCRIBED IT AT A BROKEN SYRINGE?

A         NO, I WOULDN’T.

 

Q         WHY DID YOU COLLECT THAT?

A         THOSE WERE ON THE GROUND NEAR THE GLASS VIALS OF MEDICATION.

 

Q         WAS IT NEAR THE EMPTY BOTTLE?   THERE WAS AN EMPTY BOTTLE OF PROPOFOL ON THE GROUND?

A         ON THE GROUND.

 

Q         DID YOU ASK THAT THESE ITEMS BE FINGERPRINTED?

 

MR. WALGREN:   OBJECTION.   ASSUMES FACTS NOT IN EVIDENCE THAT THAT IS HER ROLE.

 

THE COURT:   I’LL OVERRULE THE OBJECTION.

 

THE WITNESS:   I DON’T REMEMBER.

 

Q         BY MR. FLANAGAN:   IS IT PART OF YOUR ROLE TO GET FINGERPRINTS, TO ASK FOR THINGS TO BE PRINTED?

A         NO.

 

Q         SO YOU JUST COLLECT AND PUT AWAY OR MAINTAIN CUSTODY.   IS THAT YOUR ROLE?

A         IN A COMPLETE DEATH INVESTIGATION, WE HAVE MANY MORE ROLES AND RESPONSIBILITIES THAN JUST COLLECTING THE EVIDENCE, KEEPING CUSTODY OF THE EVIDENCE, AND LOGGING IT.

 

Q         WHAT ELSE DO YOU DO?

A         A CORONER INVESTIGATOR PERFORMS A SCENE INVESTIGATION, A BODY EXAM, NOTIFIES THE NEXT OF KIN OF THE DEATH, TAKES CONTROL OF THE DECEDENT’S PROPERTY, WRITES A REPORT FOR THE MEDICAL PATHOLOGISTS.

 

Q         AND ON THAT DAY, JUNE 25, DID YOU NOTICE THE I.V. POLE WITH THE HANGING I.V. BAG WITH THE SYRINGE IN IT?

A         YES, I DID.

 

Q         WHY WOULD YOU NOT TAKE THAT INTO CUSTODY?

 

MR. WALGREN:   OBJECTION.   ASKED AND ANSWERED.

 

THE COURT:   SUSTAINED.

 

Q         BY MR. FLANAGAN:   DID YOU NOTICE ON THE TABLE SOME JUICE BOTTLES?

A         YES.

 

Q         WHAT TYPE OF JUICE WAS IN THERE?

A         THEY WERE LABELED THE NAKED COMPANY.

 

Q         WERE THEY EMPTY?

A         YES.

 

Q         WAS THERE ANY RESIDUE IN ANY OF THEM?

A         I DON’T REMEMBER.   I DID NOT COLLECT THOSE JUICE BOTTLES, AND I DID NOT DOCUMENT WHAT WAS IN THEM.

 

Q         YOU LEFT THEM THERE AT THE SCENE?

A         YES.

 

Q         THOSE JUICE BOTTLES THAT YOU FOUND, WERE THEY IN EASY REACH OF THE PERSON WHO WAS LAYING ON THAT BED?

A         THEY WERE ON THE TABLES NEXT TO THE BED.

 

Q         THE SYRINGE, WAS THAT WITHIN EASY REACH OF THE PERSON LAYING ON THAT BED?

 

MR. WALGREN:   OBJECTION.   CALLS FOR SPECULATION.

 

THE COURT:   SUSTAINED.

 

Q         BY MR. FLANAGAN:   HOW FAR WAS THE SYRINGE FROM THE BED?

A         A COUPLE FEET.

 

Q         THE WIDTH OF THE PODIUM?

A         APPROXIMATELY, YES.

 

THE COURT:   A COUPLE FEET.

 

Q         BY MR. FLANAGAN:   THE NEEDLE ON THE FLOOR, HOW FAR WAS THAT FROM THE BED?

A         APPROXIMATELY ONE FOOT FROM THE BED.   CLOSER TO THE FOOT OF THE BED.

 

Q         AND THE EMPTY BOTTLE OF PROPOFOL THAT WAS ON THE FLOOR, HOW FAR FROM THE BED WAS THAT?

A         I DON’T KNOW IF IT WAS CLOSER TO ONE FOOT OR A COUPLE FEET.

 

Q         SO VERY CLOSE PROXIMITY?

A         YES.

 

Q         DID YOU TAKE THE AMBU BAG INTO CUSTODY?

A         NO, I DID NOT.

 

Q         THE OPEN BOX OF DISPOSABLE NEEDLES —

A         YES.

 

Q         — HOW CLOSE WAS THAT TO THE BED?

A         IT WAS ON THE TABLE AS WELL, A COUPLE FEET.

 

Q         SO LIKE IF YOU WERE ON THE BED, COULD YOU REACH THEM?

 

MR. WALGREN:   OBJECTION.   CALLS FOR SPECULATION.

 

THE COURT:   SUSTAINED.   IT WOULD BE IRRELEVANT.

 

Q         BY MR. FLANAGAN:   IF A PERSON ABOUT 136 POUNDS, FIVE-NINE WAS ON THE BED, HE SHOULD BE ABLE TO REACH THEM?

 

MR. WALGREN:   OBJECTION.   CALLS FOR SPECULATION, YOUR HONOR.

 

THE COURT:   SUSTAINED.

 

Q         BY MR. FLANAGAN:   WHERE WAS THE EMPTY BOTTLE OF FLUMAZENIL FOUND?

A         ON THE FLOOR BENEATH THE TABLES.

 

Q         THIS PROPOFOL BOTTLE THAT WAS FOUND ON THE FLOOR ADJACENT TO THE BED, DID IT HAVE A RESIDUE IN IT?

A         BOTH VIALS ON THE FLOOR WERE EMPTY.   NO LIQUID THAT I COULD SEE.

 

Q         DID YOU CHECK THEM FOR RESIDUE?

A         THERE WAS NOTHING THAT I COULD SEE, AND I DO NOT CHECK THE INSIDE OF THOSE VIALS.

 

Q         WHEN YOU SEIZED THESE ITEMS, WHERE DID YOU TAKE THEM?

A         TO THE CORONER’S OFFICE.

 

Q         WHAT DID YOU DO WITH THEM AT THE CORONER’S OFFICE?

A         I BOOKED AND LOGGED THEM ACCORDING TO OUR PROTOCOL.

 

Q         DID YOU INSPECT THEM?

A         AS FAR AS THE LABELS ON THEM?

 

Q         YES.

A         YES.

 

Q         DID YOU INSPECT THEM FOR THEIR CONTENTS TO DETERMINE THE PORTIONS?

A         NO.

 

MR. FLANAGAN:   I HAVE NOTHING FURTHER.

 

THE COURT:   MR. FLANAGAN, THANK YOU.

 

MR. WALGREN, REDIRECT EXAM.

 

MR. WALGREN:   NO.   THANK YOU, YOUR HONOR.

 

THE COURT:   MAY MS. FLEAK BE EXCUSED, MR. WALGREN?

 

MR. WALGREN:   YES, YOUR HONOR.

 

THE COURT:   MR. FLANAGAN?

 

MR. FLANAGAN:   YES.

 

THE COURT:   MS. FLEAK, I WANT TO THANK YOU FOR YOUR TESTIMONY.   PLEASE DO NOT DISCUSS YOUR TESTIMONY OR THE FACTS OF THE CASE WITH ANYONE OTHER THAN MEMBERS OF THE RESPECTIVE LEGAL TEAMS UNTIL WE FINISH THE PRELIMINARY HEARING. YOU MAY STEP DOWN AND LEAVE.   YOU ARE EXCUSED.

 

THE WITNESS:   THANK YOU.

 

THE COURT:   MAY I SEE THE ATTORNEYS, PLEASE.   WE ARE OFF THE RECORD.

 

                    (OFF-THE-RECORD DISCUSSION.)

 

THE COURT:   COUNSEL AND I HAVE BEEN CONFERRING.   IT IS MY UNDERSTANDING, MR. WALGREN, THAT THE PEOPLE DO OR DO NOT HAVE ANY ADDITIONAL WITNESSES THIS AFTERNOON.

 

MR. WALGREN:   NO ADDITIONAL WITNESSES TODAY, YOUR HONOR.

 

THE COURT:   THERE ARE WITNESSES WHO ARE GOING TO BE FLYING INTO LOS ANGELES FOR MONDAY MORNING?

 

MR. WALGREN:   YES, YOUR HONOR.   WE ARE ON SCHEDULE BASED ON OUR EARLIER ESTIMATES.

 

THE COURT:   YOU SAID WE ARE AHEAD OF SCHEDULE.

 

MR. WALGREN:   I DID.

 

THE COURT:   SO COUNSEL AND I HAVE DISCUSSED RECESSING UNTIL NINE O’CLOCK A.M. THIS COMING MONDAY MORNING.   WE ARE GOING TO BE DISCUSSING SOME EVIDENTIARY MATTERS PERHAPS, WITH THE RESUMPTION OF THE ACTUAL EVIDENCE AT 10:00 A.M. SO THAT COUNSEL HAVE AN OPPORTUNITY TO REVIEW SOME LEGAL ISSUES IN THIS CASE. IS THAT RIGHT, MR. WALGREN?

 

MR. WALGREN:   YES.

 

THE COURT:   MR. CHERNOFF?

 

MR. CHERNOFF:   YES, JUDGE.

 

THE COURT:   THANK YOU. COUNSEL AND DR. MURRAY, YOU ARE ORDERED BACK AT NINE O’CLOCK A.M. FOR FURTHER PROCEEDINGS IN THIS CASE, AND WE EXPECT TO START WITH THE EVIDENCE AT 10:00 A.M. MONDAY MORNING. IS THERE ANYTHING ELSE TODAY, MR. WALGREN?

 

MR. WALGREN:   NOT TODAY, YOUR HONOR.

 

THE COURT:   MS. BRAZIL?

 

MS. BRAZIL:   NO.   THANK YOU, YOUR HONOR.

 

THE COURT:   MR. CHERNOFF?

 

MR. CHERNOFF:   NO.   THANK YOU, YOUR HONOR.

 

THE COURT:   MR. FLANAGAN?

 

MR. FLANAGAN:   NO, YOUR HONOR.

 

THE COURT:   MR. LOW.

 

MR. LOW:   SIR, NO, SIR.

 

THE COURT:   I WISH EVERYONE A HAPPY WEEKEND.   WE WILL SEE EVERYONE AT 9:00 A.M. ON MONDAY.   WE ARE IN RECESS AND ADJOURNED.

 

MR. WALGREN:   THANK YOU, YOUR HONOR.

 

(FURTHER PROCEEDINGS WERE HELD IN CAMERA.   THE IN CAMERA HEARING, PAGES

868-871,   HAS BEEN PREPARED UNDER SEPARATE COVER, BY ORDER OF THE COURT; SAID TRANSCRIPT HAS BEEN LODGED WITH THE CLERK IN A SEALED ENVELOPE MARKED CONFIDENTIAL – MAY NOT BE EXAMINED WITHOUT A COURT ORDER.)

 

                                                                                                                         

(THE PROCEEDINGS WERE CONTINUED TO 9:00 A.M., JANUARY 10, 2011.)

(THE NEXT PAGE NUMBER IS 873.)