PV CM SEPT 15TH 2011

APPEARANCES: DEFENDANT CONRAD ROBERT MURRAY, NOT PRESENT, REPRESENTED BY NAREG GOURJIAN,

 

PEOPLE REPRESENTED BY DAVID WALGREN AND DEBORAH BRAZIL, DEPUTIES DISTRICT ATTORNEY

 

THE COURT:   IN THE CASE OF PEOPLE VERSUS CONRAD ROBERT MURRAY, SA073164, DR. MURRAY IS NOT PRESENT IN COURT.   HIS COUNSEL, MR. GOURJIAN, IS PRESENT.   ON BEHALF OF THE PEOPLE, THEIR COUNSEL, MR. WALGREN AND MS. BRAZIL PRESENT. GOOD MORNING.

MR. GOURJIAN, DO YOU ANTICIPATE OTHER COUNSEL BEING HERE TODAY?

 

MR. GOURJIAN:   I DO NOT, YOUR HONOR.

 

THE COURT:   I SET THE MATTER FOR A STATUS UPDATE. AS WE KNOW, ALL OF THE QUESTIONNAIRES WERE COMPLETED BY FRIDAY LATE AFTERNOON, AND IT WAS AT THAT TIME WHEN THE COURT RELEASED THE BLANK QUESTIONNAIRE TO THE PUBLIC. EARLY OR MID MONDAY MORNING, THE COURT FINALLY WAS ABLE TO OBTAIN THE JUROR INFORMATION LISTS. THE LISTS REFLECT CERTAIN IDENTIFYING INFORMATION ABOUT JURORS, AND THE COURT RELEASED TO THE PEOPLE THE ANONYMOUS RANDOM LIST, WHICH IS THE SIGNIFICANT LIST FOR OUR PURPOSES SINCE THE PARTIES STIPULATED THAT THE JURORS WOULD BE ANONYMOUS IN THIS CASE.  THE RANDOM ANONYMOUS LIST IS THE KEY LIST. THE OTHER ANONYMOUS LIST SIMPLY HAS THE JURORS LISTED ANONYMOUSLY BY WHAT WOULD BE THEIR NAME, AND IT REALLY DOESN’T HAVE ANY APPLICABILITY TO THE JURY SELECTION PROCESS. THE OTHER LISTS THAT ARE GENERATED ACTUALLY HAVE THE NAMES OF THE JURORS ON THEM.   THOSE AREN’T LISTS WHICH THE COURT FEELS SHOULD BE PROVIDED.   THEY REALLY DON’T HAVE RELEVANCE TO WHAT IS GOING ON. MID MONDAY MORNING, THE COURT RELEASED TO THE PEOPLE A COPY OF THAT RANDOM ANONYMOUS LIST INDICATING THE ORDER IN WHICH JURORS WOULD BE SEATED AS WELL AS ALL 145 COMPLETED QUESTIONNAIRES, AND YESTERDAY THE COURT RECEIVED BACK FROM THE PEOPLE THE ORIGINAL MATERIALS AS WELL AS ONE COPY.   THERE MAY HAVE BEEN SOME MISUNDERSTANDING BECAUSE I WANTED TWO COPIES. MR. GOURJIAN, DID YOU GET THE MATERIALS?

 

MR. GOURJIAN:   WE DID, YOUR HONOR.   WE RECEIVED AN E-MAIL FROM MR. WALGREN AT ABOUT 12:00 O’CLOCK YESTERDAY AFTERNOON.   I BELIEVE I PICKED THEM UP BY TWO O’CLOCK, SO WE HAVE THEM.

 

THE COURT:   MR. WALGREN, YOU PROVIDED TO THE DEFENSE IN THIS CASE THAT RANDOM ANONYMOUS LIST AS WELL AS ALL OF THE COMPLETED QUESTIONNAIRES?

 

MR. WALGREN:   I’M NOT SURE IF THE LIST WAS IN THE BOX OR NOT.

 

MR. GOURJIAN:   YOUR HONOR, I DON’T BELIEVE WE GOT THE LIST.   WE GOT THE QUESTIONNAIRES.

 

MR. WALGREN:   WE WILL GET THAT TO HIM THIS MORNING.

 

THE COURT:   THAT IS A VERY IMPORTANT DOCUMENT. PLEASE.   ALL RIGHT.

 

MR. WALGREN:   WE HAVE AN ADDITIONAL COPY OF THE QUESTIONNAIRES FOR THE COURT.

 

THE COURT:   THANK YOU, BECAUSE I NEEDED TWO. IT IS CRITICALLY IMPORTANT THAT THE DEFENSE GET THIS RANDOM LIST.

 

MR. WALGREN:   THEY WILL HAVE IT IN MINUTES, YOUR HONOR.

 

THE COURT:   THANK YOU. IS THERE ANYTHING NEW ON THE CHILEAN STUDY FRONT?

 

MR. WALGREN:   NO, BUT WE WILL HAVE MATERIALS FOR THE DEFENSE.   MR. SHAFER — DR. SHAFER, AS I THINK I INDICATED BEFORE, IS ACTUALLY IN ISRAEL.   I BELIEVE HE RETURNS SATURDAY MORNING.   WE EXPECT TO HAVE ALL THE ADDITIONAL INFORMATION NECESSARY WITHIN DAYS. THERE ARE SOME OTHER ISSUES WE WANTED TO RAISE, YOUR HONOR.

 

THE COURT:   LET ME ASK THE DEFENSE.   IS THE DEFENSE STILL MEETING ITS ONGOING DISCOVERY OBLIGATIONS, MR. GOURJIAN?

 

MR. GOURJIAN:   WE ARE, YOUR HONOR.

 

THE COURT:   IS THERE ANYTHING NEW AND DIFFERENT ON THE TESTING FRONT?

 

MR. GOURJIAN:   NOT THAT I’M AWARE OF.

 

MR. WALGREN:   THERE ARE A FEW ISSUES. NUMBER ONE, AS THE COURT CHARACTERIZED THE TESTING FRONT, MR. FLANAGAN AND I BELIEVE MR. CHERNOFF INFORMED US SOMETIME LAST WEEK THAT THEY HAD RESULTS FROM THE URINE TESTING, BUT I THINK THEY INDICATED THEY ARE WAITING FOR A FORMAL REPORT ON THAT.   WE ARE WAITING FOR THOSE RESULTS.   WE DON’T HAVE THAT DISCOVERY. ADDITIONALLY, A PHOTO WAS PROVIDED TO US ON DISK BY THE DEFENSE, AND THE FILE IS UNVIEWABLE OR CORRUPTED, I INDICATED TO COUNSEL, AND I BELIEVE THEY WILL GET US A NEW COPY OF THAT.

 

THE COURT:   A PHOTO?

 

MR. WALGREN:   A SINGULAR PHOTO.   THE DEFENSE PROVIDED A DISK WITH 30, 40 PHOTOS.   ONE CAN’T BE OPENED. THE DEFENSE IS AWARE OF WHICH ONE I’M REFERRING TO.   THEY INDICATED THEY WILL GET US A COPY THAT CAN BE VIEWED. ADDITIONALLY, ON DISCOVERY, WE WERE PROVIDED HANDWRITTEN NOTES BY MR. FLANAGAN REGARDING MIKE HENSON, AN INTERVIEW WITH MIKE HENSON.   IT IS A VERY BRIEF REPORT.   AND THROUGH NO FAULT OF ANYBODY, IT IS NOT AT ALL LEGIBLE.   I’VE ASKED FOR THAT TO BE COMMITTED TO SOME SORT OF TYPED FORM OR WRITTEN MORE CLEARLY.   I JUST CAN’T READ EVERYTHING IN MR. FLANAGAN’S NOTES REGARDING THAT INTERVIEW.

 

ADDITIONALLY, REGARDING TIM LOPEZ, YOUR HONOR, HE IS THE PHARMACIST THAT SHIPPED PROPOFOL TO DR. MURRAY’S GIRL FRIEND, NICOLE ALVAREZ.   HE TESTIFIED AT THE PRELIMINARY HEARING, THE COURT WILL RECALL. FOLLOWING THE PRELIMINARY HEARING, HE HAS RELOCATED TO THAILAND.   WE WILL VERY LIKELY BE RELYING ON HIS FORMER TESTIMONY.   WE ARE PREPARED TO ESTABLISH DUE DILIGENCE AND MEET ALL THE REQUISITE REQUIREMENTS, BUT WE HAVE NOT HAD CONTACT WITH HIM SINCE HE HAS RELOCATED TO THAILAND AND WE WILL BE ABLE TO ESTABLISH EVERYTHING. WE WOULD ASK TO SCHEDULE THAT FOR A HEARING POTENTIALLY MONDAY OR TUESDAY TO GET A RULING ON THAT SOONER RATHER THAN LATER.   BUT AGAIN, WE MOST LIKELY WILL BE RELYING ON HIS FORMER TESTIMONY AND HAVING THAT READ INTO THE RECORD AT THE TRIAL.

 

ADDITIONALLY, YOUR HONOR, JUST SO THE COURT IS AWARE, WE WILL BE REQUIRING SOME SORT OF 402 REGARDING KAREN FAYE.   I KNOW THE COURT HAD RULED HER TESTIMONY RELEVANT AS TO MICHAEL JACKSON’S HEALTH DURING THE LAST WEEK OF HIS LIFE .FOLLOWING THE COURT’S RULING, THE PEOPLE’S ADDITIONAL REVIEW OF HER STATEMENTS AND MATERIALS, THERE IS A VOLUMINOUS AMOUNT OF HEARSAY UPON WHICH SHE SEEMS TO BE RELYING.   BEFORE SHE TAKES THE STAND OR BEFORE HER TESTIMONY IS REFERENCED IN AN OPENING STATEMENT, WE THINK WE AT LEAST IN SOME MANNER NEED TO DEAL WITH THAT WITH THE COURT AND DEFENSE COUNSEL AS TO WHAT IS ADMISSIBLEAND INADMISSIBLE. AND LASTLY, YOUR HONOR, THE PEOPLE ARE REQUESTING TODAY WE WOULD LIKE THE COURT TO RULE ON THE DEFERRED ISSUE OF DR. PUSTILNIK.   IF THE COURT RECALLS, HE IS A DEPUTY MEDICAL EXAMINER FROM GALVESTON, TEXAS. AND IN APRIL OF THIS YEAR, HE ESSENTIALLY TOOK A TOUR OF    THE CORONER’S OFFICE AND WROTE A REPORT BASED ON HIS OPINIONS OF THE CORONER’S OFFICE.   THE PEOPLE OBJECTED AS TO LACK OF RELEVANCE OR NO OPINIONS AS IT RELATES TO THIS CASE, OR NO OPINIONS AS TO CAUSE OF DEATH, TOXICOLOGY, THE CORONER’S FINDINGS, ET CETERA.   WE FOUND IT TO BE COMPLETELY INADMISSIBLE, IRRELEVANT, AND OBJECTIONABLE UNDER 352. THE COURT AT THE TIME INDICATED IT WAS, AT LEAST FROM ITS KNOWLEDGE OF THE INFORMATION, WAS IN AGREEMENT WITH THE PEOPLE.   HOWEVER, IF THE COURT RECALLS, THE DEFENSE OBJECTED TO THE REPORT BEING PART OF THE PUBLIC RECORD.   IT WAS DEFERRED.   AT THAT HEARING THE DEFENSE ALSO MADE IT CLEAR TO THE COURT THERE WAS NOTHING ADDITIONAL. DR. PUSTILNIK WOULD ADD, IF HE TESTIFIED LIVE, THAT EVERYTHING WAS CONTAINED IN THAT REPORT.   WHAT WE WOULD ASK IS THAT WE SUBMIT A COPY OF THE REPORT TO THE COURT TODAY FOR THE COURT TO REVIEW, AND WE THINK THE COURT CAN RULE.   AND I THINK IF THE DEFENSE HAD ANY OBJECTIONS, IT WOULD BE APPROPRIATE THAT THE REPORT THEN WOULD JUST BE SEALED UNTIL THE OUTCOME OF THE TRIAL. BUT WE WOULD LIKE A RULING AT THIS TIME BECAUSE WE THINK IT IS IRRELEVANT AND AGAIN INADMISSIBLE UNDER 352.   WE WOULD LIKE TO GET A RULING BEFORE WE PROCEED FURTHER.

 

THE COURT:   MR. GOURJIAN, IS THAT MR. FLANAGAN’SSUBJECT AREA OR YOURS?

 

MR. GOURJIAN:   IT IS, YOUR HONOR.

 

THE COURT:   IT IS YOURS?

 

MR. GOURJIAN:   NO, IT IS NOT, YOUR HONOR. A LOT OF THE ISSUES RAISED TODAY ARE PRIMARILY MR. FLANAGAN’S ISSUES AND RESPONSIBILITIES.   SO MY REQUEST WOULD BE IF WE CAN COME BACK POSSIBLY NEXT TUESDAY OR WEDNESDAY AND ADDRESS ALL OF THE PEOPLE’S   CONCERNS.

 

THE COURT:   I WANT TO DO THIS AS SOON AS WE CAN BECAUSE WEDNESDAY WE ARE GOING TO BE DISCUSSING FOR CAUSE ISSUES.   I WAS HOPING WE COULD COME BACK WEDNESDAY AND DISCUSS FOR CAUSE AND ADVANCE IT BECAUSE WE HAVE POTENTIALLY A LOT OF PHONE CALLS TO MAKE.

 

MR. WALGREN:   ON THESE ISSUES, YOUR HONOR, WE WOULD ASK TO COME BACK TOMORROW, THAT IS POSSIBLE.   I THINK A LOT OF THESE THINGS NEED TO BE CLEARED UP.

 

THE COURT:   I’M NOT HERE TOMORROW.   I THINK MONDAY.

 

MR. GOURJIAN:   THAT IS FINE WITH US, YOUR HONOR.

 

THE COURT:   I WOULD DO IT IF I WERE GOING TO BE HERE, BUT I’M NOT HERE.   MONDAY MORNING, THE 19TH.

 

MR. WALGREN:   YES.

 

THE COURT:   WE ARE OPEN MONDAY, THE 19TH.   SO NINE O’CLOCK?

 

MR. WALGREN:   THAT IS FINE WITH THE PEOPLE, YOUR HONOR.

 

MR. GOURJIAN:   FINE WITH US, YOUR HONOR.

 

THE COURT:   SO WE WILL ADDRESS AT THAT TIME ANY ISSUE REGARDING DR. PUSTILNIK.   HOW MANY PAGES IS THE REPORT?

 

MR. WALGREN:   I BELIEVE IT IS FOUR.   I DON’T HAVE A COPY WITH ME, BUT I THINK THE COURT —

 

THE COURT:   I WILL WAIT UNTIL MONDAY WHEN MR. FLANAGAN IS HERE TO ADDRESS HOW WE PROCEED.   BUT LET’S PLAN ON DISCUSSING THE ISSUE OF DR. PUSTILNIK AND ANY ADMISSIBILITY QUESTIONS, THE ISSUE INVOLVING KAREN FAYE, THE ISSUE INVOLVING DUE DILIGENCE OR THE LACK THEREOF AS TO TIM LOPEZ. I DON’T KNOW WHETHER THE DEFENSE HAS HEARD BEFORE ABOUT THIS ISSUE.   IS THIS THE FIRST TIME?

 

MR. GOURJIAN:   FIRST TIME, YOUR HONOR.

 

THE COURT:   MAYBE THE PEOPLE CAN MEET AFTER WE GET DONE TODAY AND AMPLIFY.   I DON’T KNOW, BASED UPON THAT, WHAT THE POSITION WILL BE WITH THE DEFENSE.   BUT THE PEOPLE ARE PREPARED TO CALL WITNESSES THEN ON MONDAY —

 

MR. WALGREN:   YES.

 

THE COURT:   — TO ADDRESS IT.   HOW MANY?

 

MR. WALGREN:   I BELIEVE TWO.

 

MS. BRAZIL:   TWO.

 

THE COURT:   IF THE DEFENSE AND THE PEOPLE CAN MEET AND CONFER REGARDING THE HANDWRITTEN NOTES SO THAT THERE CAN BE SOME TYPEWRITTEN CONVERSION, I WOULD APPRECIATE IT. THE UNREVIEWABLE PHOTOGRAPH ON THE DISK AND UPDATES AS TO DR. SHAFER AND ANY ONGOING URINE TESTING BY THE DEFENSE. CAN WE MEET ON WEDNESDAY, THE 21ST, TO DISCUSS FOR CAUSE ISSUES?   I SURE WOULD LIKE TO.

 

MR. WALGREN:   HOW ABOUT THE AFTERNOON, YOUR HONOR?

 

THE COURT:   I HAVE A MAJOR, MAJOR HEARING IN THE AFTERNOON.   I DON’T KNOW HOW LONG THAT WOULD TAKE US.   I THINK WE COULD AT LEAST START.   THAT WILL GIVE YOU A LITTLE MORE TIME.   SO TWO O’CLOCK.   I HAVE A SEARCH WARRANT MATTER AT 1:30.   SO LET US SET THIS FOR CAUSE ISSUES. I WOULD EXPECT THAT DR. MURRAY WILL BE IN TOWN.   I DON’T KNOW, MR. GOURJIAN, BUT FOR PURPOSES OF ANY FOR CAUSE ISSUES, I THINK DR. MURRAY SHOULD BE HERE. SO MAKE THOSE ARRANGEMENTS, PLEASE.   2:00 P.M., THE NEXT APPEARANCE FOR DR. MURRAY, FOR CAUSE ISSUES AS TO JURORS AND THE JUROR QUESTIONNAIRES. NOW, THE DEFENSE WILL HAVE THE RANDOM ANONYMOUS LIST.   DID YOU GET A COPY OF MY COVER MEMO?

 

MR. GOURJIAN:   I DID NOT, YOUR HONOR.   ALL WE RECEIVED WERE JUST COPIES OF THE QUESTIONNAIRES.   I’LL MEET WITH MR. WALGREN AFTER THE HEARING, YOUR HONOR.

 

THE COURT:   WE SHOULD HAVE GIVEN YOU A COPY OF THAT.   WE CAN GIVE IT TO YOU RIGHT NOW BECAUSE IT IS A MATTER OF PUBLIC RECORD.   YOU UNDERSTAND HOW THIS RANDOM LIST IS STRUCTURED?

 

MR. GOURJIAN:   YES, YOUR HONOR.

 

THE COURT:   THE KEY NUMBER IS THE NUMBER ON THE FAR LEFT CORNER.   THAT SHOWS THE ORDER IN WHICH THE JURORS WILL BE SEATED.   AND I PERSONALLY WROTE ON EACH JUROR’S QUESTIONNAIRE THE CORRESPONDING SEAT NUMBER AND IT IS CIRCLED IN THE LEFT-HAND PORTION OF THE JUROR QUESTIONNAIRE, SO THAT WILL HELP YOU DETERMINE WHO’S COMING UP. SO WE MEET AT 9:00 A.M. ON MONDAY, THE 19TH, FOR THESE FURTHER PROCEEDINGS.   AND WE MEET AGAIN AT 2:00 P.M. ON WEDNESDAY, THE 21ST, AND THEREAFTER WITH VOIR DIRE TO COMMENCE 8:00 A.M. ON THE 23RD.

 

MR. WALGREN:   NOT 8:00 A.M. ON THE 23RD.

 

THE COURT:   YES.

 

MR. WALGREN:   WE ARE GOING TO START AT 8:00?

 

THE COURT:   YES.   YES, WE ARE.   JURORS ARE ORDERED BACK AT 8:00 A.M.   BUSY DAY. AND WE WILL BE DISCUSSING SOME LOGISTICAL ISSUES ABOUT THAT DATE, BUT I WANT TO TELL YOU THAT THEY ARE ORDERED BACK AT 8:00 A.M. SO WITH REGARD TO MONDAY, ANYTHING ELSE OUT THERE, MR. WALGREN, MS. BRAZIL?

 

MR. WALGREN:   NOT AT THIS TIME, YOUR HONOR.

 

THE COURT:   MR. GOURJIAN?

 

MR. GOURJIAN:   NO, YOUR HONOR.

 

THE COURT:   WE WILL SEE YOU AT 9:00 A.M. ON THAT DATE THEN.

 

MR. WALGREN:   THANK YOU, YOUR HONOR.

 

MR. GOURJIAN:   THANK YOU.

 

THE COURT:   BOND TO STAND.   HAVE A GOOD DAY.

 

(NEXT PROCEEDINGS 9:00 A.M., SEPTEMBER 19, 2011.)