Tim Lopez

 

Tim Lopez
(APPLIED PHARMACY SERVICES)

DIRECT EXAMONATION BY MS. BRAZIL:

 

Q           MR. LOPEZ, HOW ARE YOU EMPLOYED?

 

A           I AM A PHARMACIST.

 

Q           HOW LONG HAVE YOU BEEN A PHARMACIST?

 

A           ALMOST 15 YEARS.

 

Q           IN ADDITION TO YOUR OCCUPATION AS A PHARMACIST, ARE YOU ALSO A BUSINESS OWNER?

 

A           YES, I RUN MY OWN BUSINESS.

 

Q           WHAT BUSINESS IS THAT?

 

A           APPLIED PHARMACY SERVICES.

 

Q           AND WHERE IS APPLIED PHARMACY SERVICES LOCATED?

 

A           LAS VEGAS, NEVADA.

 

Q           WOULD YOU DESCRIBE, PLEASE, YOUR DUTIES AND RESPONSIBILITIES AS IT RELATES TO YOUR PHARMACY POSITION AND YOUR BUSINESS OWNER POSITION OF APPLIED PHARMACY?

 

A           I DO THE NORMAL FUNCTIONS OF A PHARMACIST WHICH FALL WITHIN THE PROFESSION, AND I ALSO WHILE I AM DOING THAT TAKE CARE OF FINANCIAL MATTERS THAT HAVE TO DO WITH RUNNING A BUSINESS.

 

Q           MR. LOPEZ, DESCRIBE YOUR CLIENTELE, PLEASE.

 

A           MY CLIENTELE IS PATIENTS THAT HAVE BEEN DIRECTED TO MY FACILITY BY A PHYSICIAN THAT I HAVE EITHER SPOKEN TO OR MARKETED MY THINGS THAT I CAN DO.   WE RARELY HAVE PEOPLE JUST WALK IN AND ASK ME QUESTIONS LIKE YOU WOULD SEE AT A REGULAR PHARMACY.

 

Q           SO HOW ARE — HOW IS YOUR APPLIED PHARMACY SERVICES DIFFERENT THAN, SAY, FOR EXAMPLE, A CORNER PHARMACY SUCH AS CVS OR WALGREEN’S?

 

A           WE ARE KNOWN AS A COMPOUNDED PHARMACY WHICH ROUGHLY MEANS THAT MEDICINES ARE MADE SPECIFICALLY FOR PATIENTS RATHER THAN ONE SIZE FITS ALL THAT YOU WOULD SEE IN REGULAR RETAIL PHARMACIES.

 

Q           SO YOU SPECIALIZE?

 

A           YES.

 

Q           CAN YOU GIVE ME AN EXAMPLE OF ONE OF THE SPECIALIZATIONS THAT YOU MIGHT UNDERTAKE FOR A CUSTOMER?

 

A           LET’S SAY YOUR PET NEEDS A PARTICULAR MEDICATION IN A PARTICULAR DOSE THAT IS NOT AVAILABLE, WE WOULD FORMULATE IT TO BE THAT DOSE.   AND IF NECESSARY, PUT A FLAVORING IN THERE TO MAKE IT MORE PALATABLE FOR THE PET.

 

Q           AND THAT WOULD BE BECAUSE OFTENTIMES PETS ARE PRESCRIBED THE SAME TYPE OF MEDICATION THAT A HUMAN BEING WOULD BE PRESCRIBED FOR A PARTICULAR AILMENT, CORRECT?

 

A           YES.

 

Q           DO YOU TYPICALLY DEAL WITH PHYSICIANS WHO CONTACT YOU DIRECTLY TO DISCUSS A PARTICULAR NEED FOR MEDICATION THAT YOU MIGHT BE ABLE TO PROVIDE FOR THEM?

 

A           YES.

 

Q           DIRECTING YOUR ATTENTION TO NOVEMBER OF 2008, DID YOU RECEIVE A TELEPHONE CALL FROM A PERSON WHO IDENTIFIED HIMSELF AS CONRAD MURRAY?

 

A          YES, I DID.

 

Q           OTHER THAN HIS NAME, HOW DID CONRAD MURRAY IDENTIFY HIMSELF TO YOU IN THAT CONVERSATION?

 

A           HE IDENTIFIED HIMSELF AS A CARDIOLOGIST IN LAS VEGAS.   HE SAID THAT HE WAS AFRICAN-AMERICAN AND THAT A LOT OF HIS PATIENT CLIENTELE WERE AFRICAN-AMERICAN, THAT THEY SUFFERED FROM A CONDITION KNOWN AS VITILIGO.   AND HE WAS INQUIRING ABOUT A CHEMICAL THAT IS USED TO TREAT THAT PARTICULAR AILMENT.

 

Q           WHAT WAS THE NAME OF THAT CHEMICAL?

 

A           BENOQUIN.

 

Q           DID CONRAD MURRAY — HE, OF COURSE, IDENTIFIED HIMSELF AS A PHYSICIAN, CORRECT?

 

A           YES.

 

Q           AND DID DOCTOR MURRAY HAVE SPECIFIC QUESTIONS FOR YOU RELATED TO THE BENOQUIN PRODUCT?

 

A           HE ASKED ME WHAT PERCENTAGE IT COMES IN.   I TOLD HIM IT WAS 20 PERCENT.

 

Q           I’M SORRY TO INTERRUPT YOU. BUT WOULD THAT PERCENTAGE RELATE TO THE STRENGTH OF THE PRODUCT?

 

A           YES.

 

Q           DID CONRAD MURRAY HAVE A PARTICULAR STRENGTH THAT HE WAS INTERESTED IN?

 

A           THAT STRENGTH.

 

Q           20 PERCENT?

 

A           YES.

 

Q           SO YOU HAD A DISCUSSION WITH DOCTOR MURRAY CONCERNING THE AVAILABILITY OF BENOQUIN CREAM, CORRECT?

 

A           YES.   I TOOK HIS CONTACT NUMBER, AND I TOLD HIM I WOULD DO A SEARCH FOR IT TO SEE THE AVAILABILITY OF IT.

 

Q           IS THAT BECAUSE YOU DON’T KEEP THAT PRODUCT ON HAND AT YOUR PHARMACY?

 

A           CORRECT.

 

Q           WOULD THAT BE TYPICAL THAT YOU WOULD NEED TO DISCUSS A PRODUCT WITH A POTENTIAL CLIENT, AND THEN YOU WOULD CHECK YOUR SOURCES TO SEE IF YOU COULD OBTAIN THE NECESSARY INGREDIENTS TO CREATE WHATEVER THE PRODUCT IS THAT IS DESIRED?

 

A           YES.

 

Q           AND DID YOU CONDUCT A SEARCH FROM YOUR SUPPLIERS FOR THAT PRODUCT?

 

A           I MADE A FEW PHONE CALLS, AND IT WASN’T AVAILABLE.

 

Q           WHAT DID YOU DO NEXT WITH RESPECT TO THAT CONVERSATION IN NOVEMBER THAT YOU HAD WITH CONRAD MURRAY?

 

A           DOCTOR MURRAY DIDN’T CALL ME BACK.   SO I DIDN’T FOLLOW UP WITH IT EITHER.

 

Q           SO WHEN YOU SAY YOU DIDN’T FOLLOW UP, DO YOU MEAN BY THAT THAT YOU DIDN’T CONTACT DOCTOR MURRAY AND ADVISE HIM THAT YOU WERE UNABLE TO OBTAIN THE BENOQUIN?

 

A           CORRECT.

 

Q           WHEN WAS THE NEXT CONTACT THAT YOU HAD WITH DOCTOR MURRAY?

 

A           I RECEIVED A CALL IN MARCH OF 2009, AND DOCTOR MURRAY IDENTIFIED HIMSELF IN A SIMILAR MANNER.

 

Q           AND YOU ARE REFERRING TO BY NAME?

 

A           BY NAME, AGAIN TOLD ME HE WAS A PHYSICIAN IN LAS VEGAS.   HE ASKED ME IF I WAS THE SAME PERSON HE SPOKE TO PREVIOUSLY, AND I TOLD HIM I WAS.   HE ASKED ME IF, WHY I DIDN’T CALL HIM BACK.

 

Q           REFERRING TO WHY YOU DIDN’T CALL HIM BACK AND FOLLOW UP ON HIS PREVIOUSLY REQUEST FOR THE BENOQUIN?

 

A           YES.

 

Q           WHAT DID YOU SAY?

 

A           I EXPLAINED TO HIM THAT IN NOVEMBER OF 2008, MY PHARMACY WAS IN A MOVING TRANSITION.   WE HAD JUST MOVED FROM ONE LOCATION TO ANOTHER, AND I MAY HAVE LOST HIS CONTACT INFORMATION DURING THAT MOVE.

 

Q           AND DID HE IDENTIFY FOR YOU THE PURPOSE OF HIS TELEPHONE CALL TO YOU IN MARCH OF 2009?

 

A           YES.   IT WAS SIMILAR IN NATURE INQUIRING ABOUT BENOQUIN 20 PERCENT AND ITS AVAILABILITY.

 

Q           AND AT THIS POINT IN TIME, WHAT DID YOU DO, IF ANYTHING, IN RESPONSE TO HIS REQUEST FOR INFORMATION ON THE BENOQUIN?

 

A           I TOOK HIS CONTACT NUMBER AGAIN.   I TOLD HIM — I’D PROMISED HIM I WOULD CALL HIM BACK.   I FOLLOWED THROUGH A LITTLE MORE THOROUGHLY, AND I CHECKED THE SOURCES OF AVAILABILITY FOR IT.

 

Q           AND DID YOU, IN FACT, CALL DOCTOR MURRAY BACK REGARDING THE BENOQUIN CREAM?

 

A           YES, I DID.

 

Q           APPROXIMATELY WHEN WAS THAT?

 

A           AROUND APRIL 1 OR SO.

 

Q           AND DID YOU ADVISE DOCTOR MURRAY THAT YOU HAD BEEN SUCCESSFUL IN LOCATING THE PRODUCTS NECESSARY TO CREATE THE COMPOUND OF BENOQUIN CREAM IN THE PERCENT THAT HE REQUESTED?

 

A           I TOLD HIM THAT I FOUND A SUPPLIER THAT HAD A LIMITED QUANTITY; AND THAT IF I NEEDED ANY QUANTITIES BEYOND THAT, IT WOULD BE CONSIDERED A SPECIAL ORDER.

 

Q           AND WHAT IS THE QUANTITY THAT YOU WERE ABLE TO MAKE AND OFFER TO DOCTOR MURRAY AT THIS POINT IN TIME?

 

A           HE INFORMED ME THAT HE WOULD LIKE IT IN, PACKAGED IN 30 GRAM TUBES WHICH IS ROUGHLY AN OUNCE.   AND I CALCULATED IT TO BE — WITH THE AVAILABLE MATERIAL, I COULD PROBABLY MAKE 40, 30 GRAM TUBES.

 

Q           MR. LOPEZ, WILL YOU BE ABLE TO ESTIMATE FOR ME ROUGHLY THE SIZE OF THE TUBE THAT YOU ARE REFERRING TO USING SOME OBJECT OR DESCRIPTOR?

 

A           PROBABLY THE LENGTH OF A PEN.   AND, OF COURSE, IT’S GOT A DIAMETER MAYBE AN INCH DIAMETER.

 

Q           SIMILAR TO A TUBE OF TOOTHPASTE?

 

A           YES.

 

THE COURT:   WELL, OF COURSE, DEPENDS ON THE SIZE OF THE TOOTHPASTE.

MS. BRAZIL:   THAT’S CORRECT, YOUR HONOR.

 

Q           MR. LOPEZ, DID DOCTOR MURRAY PLACE AN ORDER AS PER THE DISCUSSION THAT YOU HAD WITH HIM?

 

A           YES.   HE ORDERED THE QUANTITY I HAD, 40 OF THE 30 GRAM TUBES OF BENOQUIN 20 PERCENT.

 

Q           AND THIS ORDER PLACED BY DOCTOR MURRAY WAS TELEPHONIC, CORRECT?

 

A           YES.

 

Q           IN YOUR PRACTICE IN GENERAL AND SPECIFICALLY WITH REGARD TO YOUR CONTRACT, CONTACT WITH DOCTOR MURRAY, DESCRIBE FOR ME THE PROCESS YOU GO THROUGH TO VERIFY THAT THE PERSON THAT YOU ARE SPEAKING WITH ON THE PHONE IS, IN FACT, A PHYSICIAN AND AUTHORIZED TO PLACE AN ORDER FROM YOUR PHARMACY?

 

A           WE VERIFY — I VERIFY HIS MEDICAL DEGREE, WHETHER IT’S AN M.D. OR D.O.

 

Q           I’M SORRY. WHAT IS D.O?

 

A           DOCTOR OF OSTEOPATHIC MEDICINE.

 

Q           OR DOCTOR OF VETERINARIAN MEDICINE?

 

A           WELL, YES.   OR D.V.M, DOCTOR OF VETERINARY MEDICINE.   SOMETIMES P.A, PHYSICIANS ASSISTANT CAN CALL IN. BUT USUALLY, I DETERMINE WHAT THEIR DESIGNATION IS, NAME OF THEIR CLINIC, ADDRESS, PHONE NUMBER, FAX NUMBER, THEIR LICENSE NUMBER, AND THEIR DEA NUMBER.

 

Q           WHAT IS DEA NUMBER?

 

A          THAT IS THEIR, WITH THE DRUG ENFORCEMENT AGENCY.   THEY ARE REGISTERED.   THEY ARE AUTHORIZED TO USE CONTROLLED DRUGS FOR THEIR PATIENTS.

 

Q           DID DOCTOR MURRAY PROVIDE YOU WITH ALL OF THE REQUESTED INFORMATION?

 

A           YES.

 

Q           WITH REGARD TO THE MEDICAL LICENSE, WHAT STATE DID DOCTOR MURRAY’S MEDICAL LICENSE INFORMATION EMANATE FROM?

 

A           NEVADA.

 

Q           AND YOU VERIFIED ALL OF THIS INFORMATION PRIOR TO ACCEPTING DOCTOR MURRAY’S FIRST ORDER, CORRECT?

 

A           YES.

 

Q           WHEN DOCTOR MURRAY PLACED THIS INITIAL ORDER WITH YOU FOR THE BENOQUIN PRODUCT, DID HE SPECIFY TO YOU WHO HIS PATIENT WOULD BE USING THIS PRODUCT?

 

A           YES.   HIS PATIENTS WERE HIS AFRICAN, AFRICAN-AMERICAN PATIENTS.   AND HE SAID HE WOULD ADMINISTER THE MEDICINE AND MONITOR THEM, THEIR PROGRESS, AND HOW IT WAS USED.

 

Q           DID DOCTOR MURRAY EVER REVEAL TO YOU SPECIFIC NAMES OF THESE PATIENTS WHO WOULD BE USING THIS PRODUCT THAT HE ORDERED?

 

A           NO.

 

Q           AND IS THAT COMMON THAT YOU DON’T DISCUSS A SPECIFIC NAME OF A PATIENT WHEN A PHYSICIAN PLACES AN ORDER FOR A PRODUCT?

 

A           WHEN IT’S USED ON A TRIAL BASIS, IT’S NORMAL.

 

Q           WHEN WAS THE NEXT DATE OF CONTACT THAT YOU HAD WITH DOCTOR MURRAY?

 

A           DOCTOR MURRAY CAME INTO THE OFFICE TO PICK UP HIS INITIAL ORDER.

 

Q           THAT WOULD BE THE ORDER WE JUST DISCUSSED, CORRECT?

 

A           YES, THE BENOQUIN. HE CAME INTO THE OFFICE.   I WALKED UP TO THE WINDOW, INTRODUCED MYSELF, SHOOK HIS HAND, AND BASICALLY TOLD HIM IF THERE IS ANY PROBLEMS WITH THE CREAM, IF THERE IS ANY CHANGES THAT NEEDED TO BE DONE, LET ME KNOW.   WE CAN CHANGE FORMULATIONS OR WHATEVER WAS NECESSARY TO MAKE IT WHAT HE WANTED.   WE CAN DO THAT.

 

Q           AND DID HE INDICATE TO YOU THAT HE WOULD TRY THE CREAM AND THEN LET YOU KNOW HOW IT WORKED OUT FOR HIM?

 

A          YES.   HE PAID FOR HIS ORDER, AND THEN HE SAID HE WILL CONTACT ME AND LET ME KNOW HOW IT GOES.

 

Q           WHAT METHOD DID HE USE TO PAY FOR THIS ORDER?

 

A           HE USED A COMPANY CHECK.

 

Q           WAS THERE ANY DISCUSSION AT THIS POINT IN TIME WHEN DOCTOR MURRAY IS IN YOUR A.P.S. PHARMACY OFFICES WHERE DOCTOR MURRAY HAD ANY DISCUSSION WITH YOU REGARDING THE DELIVERY OF ANY SUBSEQUENT ORDERS THAT YOU MIGHT MAKE TO HIM?

 

A           YES.   HE ASKED ME IF IT WAS POSSIBLE TO HAVE ANY ORDERS IN THE FUTURE DELIVERED TO HIS OFFICE, AND I TOLD HIM THAT WE COULD ACCOMMODATE THAT.

 

Q           DID YOU DISCUSS AT THIS POINT IN TIME ANY METHOD OF PAYMENT THAT YOU WOULD NEED TO HAVE ON FILE IN ORDER TO FACILITATE ORDERS THAT WOULD BE DELIVERED?

 

A           I TOLD HIM THAT NORMALLY WE REQUIRE A CREDIT CARD ON FILE SO THAT BEFORE WE RELEASE THE ORDER WE COULD BILL IT.

 

Q           AND DID HE AGREE TO THAT?

 

A           YES.

 

Q           MR. LOPEZ, DO YOU SEE CONRAD MURRAY IN COURT TODAY?

 

A           YES, I DO.

 

Q           WOULD YOU PLEASE INDICATE WHERE HE IS SEATED?

 

A           OVER THERE (INDICATING).

 

THE COURT:   POINTING TO AND IDENTIFYING DOCTOR MURRAY, THE DEFENDANT.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, I’D LIKE TO MOVE NOW TO THE NEXT CONTACT, IF ANY, THAT YOU HAD WITH DOCTOR MURRAY. WHAT DATE WAS THAT?

 

A           SEVERAL DAYS, APRIL 3.   COUPLE DAYS AFTER HE CAME TO THE OFFICE, HE CALLED ME TO LET ME KNOW THAT HE WAS HAPPY WITH THE CREAM.

 

Q           DID DOCTOR MURRAY INQUIRE ABOUT ANY ADDITIONAL SERVICES THAT YOUR COMPANY MIGHT BE ABLE TO PROVIDE FOR HIM?

 

A           YES.   HE ASKED ME IF THE PHARMACY WAS ABLE TO PROVIDE MEDICINES FOR OFFICE SUPPLY FOR HIS OTHER CLINICS.

 

Q           AND WHAT WAS YOUR RESPONSE?

 

A           I SAID WE COULD.

 

Q           AT THIS POINT, DID DOCTOR MURRAY ASK YOU ABOUT ANY MEDICATION IN PARTICULAR?

 

A           HE SPECIFICALLY ASKED ABOUT PROPOFOL AND ABOUT SALINE BAGS.

 

Q           GOING BACK TO THE PROPOFOL FOR A MOMENT, DID DOCTOR MURRAY INDICATE TO YOU WHAT STRENGTHS OR ANY OTHER SPECIFICATIONS ABOUT PROPOFOL DURING YOUR CONVERSATION?

 

A           HE TOLD ME WHAT PACKAGE SIZES HE WAS LOOKING FOR, AND HE ASKED ME TO RESEARCH, NO. 1, THAT I CAN PURCHASE IT FOR HIM AND, NO. 2, WHAT WOULD THE PRICE BE FOR HIM TO PURCHASE.

 

Q           SO ON THE APRIL 3 TELEPHONE CALL, DOCTOR MURRAY INQUIRES ABOUT THE PRICE OF VERY SPECIFIC PROPOFOL THAT HE WAS INTERESTED IN AND WHETHER OR NOT YOU WOULD BE ABLE TO SUPPLY THAT TO HIM; AND HE ALSO INQUIRED ABOUT THE PRICE AND AVAILABILITY OF SALINE BAGS, CORRECT?

 

A           YES.

 

Q           WOULD THOSE SALINE BAGS BE THE TYPE OF BAGS THAT ONE WOULD USE INTRAVENOUSLY TO ADMINISTER MEDICATION OR TO DISPENSE SALINE?

 

A           YES.

 

Q           WERE YOU ABLE TO PROVIDE DOCTOR MURRAY WITH THE INFORMATION THAT HE REQUESTED DURING THAT TELEPHONE CALL?

 

A           NOT DURING THAT CALL.   IN A SUBSEQUENT CALL, I WAS ABLE TO GIVE HIM THE INFORMATION THAT HE NEEDED.

 

Q           WHAT WAS THE NEXT DATE OF CONTACT THAT YOU HAD WITH DOCTOR MURRAY AFTER THIS TELEPHONE CALL CONCERNING PROPOFOL?

 

A           APRIL 6, HE PLACED AN ORDER FOR PROPOFOL AND FOR NORMAL SALINE BAGS.

 

Q           AND WHEN YOU SAY “HE,” YOU ARE REFERRING TO DOCTOR MURRAY, CORRECT?

 

A           DOCTOR MURRAY, YES.

 

Q           AND WAS THIS A TELEPHONIC ORDER PLACED BY DOCTOR MURRAY TO YOU?

 

A           YES, IT WAS.

 

Q           WHAT WAS THE QUANTITY OF PROPOFOL THAT DOCTOR MURRAY ORDERED?

 

A           HE ORDERED ONE CARTON OF 100 MILLILITER VIALS.   THERE’S TEN OF THEM INSIDE THE CARTON, AND HE ORDERED ONE CARTON OF 20 MILLILITER VIALS WHICH THERE IS 25 OF THEM IN THERE.

 

Q           SO HE ORDERED 2 SPECIFIC FORMULATIONS OF PROPOFOL, CORRECT?

 

A           YES.

 

Q           LET’S START WITH THE FIRST ONE. YOU SAID THAT HE ORDERED A VOLUME OF A HUNDRED MILLILITER, AND IT WAS PACKAGED IN A PACKAGE OF TEN. IS THAT ACCURATE?

 

A           YES.

 

Q           SO DESCRIBE FOR ME, PLEASE, THE MANNER IN WHICH THAT SPECIFIC PROPOFOL ORDER WAS PACKAGED?

 

A           IT COMES FROM OUR SUPPLIER IN A SEALED CARTON.   AND WE, WE ARE, WE ARE GOING TO DELIVER IT TO HIS OFFICE IN LAS VEGAS.

 

Q           LET ME STOP YOU FOR A MINUTE AND ASK YOU A SPECIFIC QUESTION. SO THERE ARE TEN INDIVIDUAL VIALS. AND ARE THEY WRAPPED IN PLASTIC AND THEN PLACED IN A BOX?

 

A           THEY ARE IN A SEALED BOX.   AND WHETHER THERE IS PLASTIC, I DON’T KNOW.   I DON’T REMEMBER.

 

Q           SO THAT ONE ORDER OF PROPOFOL CONTAINS TEN SINGLE DOSE VIALS OF 100 MILLILITER STRENGTH, CORRECT?

 

A           100 MILLILITER VOLUME, YES.

 

Q           UNDERSTOOD. AND THEN YOU INDICATED THAT THERE WAS A SECOND AND DIFFERENT ORDER OF PROPOFOL, CORRECT?

 

A           YES.   IT’S A 20 MILLILITER VIAL, AND IT HAS 25 OF THOSE VIALS IN THE CARTON.

 

Q           25 INDIVIDUAL VIALS?

 

A           YES.

 

Q           IN THAT PACKAGE, CORRECT?

 

A           AND THAT IS ALSO SEALED.

 

Q           WHICH IS A LARGER SIZE?   THE 100 MILLILITER OR THE 20 MILLILITER VIAL?

 

A           VOLUME WISE AND DRUG, TOTAL DRUG, THE 100 MILLILITER SIZES.   THERE IS MORE DRUG, AND THERE IS MORE VOLUME.

 

Q           SO ON APRIL 6, 2009, DOCTOR MURRAY ORDERED TEN OF THE LARGER VIALS OF PROPOFOL AND 25 OF THE SMALLER VIALS OF PROPOFOL; IS THAT ACCURATE?

 

A           YES.

 

Q           WHAT ELSE, IF ANYTHING, DID DOCTOR MURRAY ORDER ON APRIL 6, 2009?

 

A           HE ORDERED SALINE BAGS, 9 NORMAL SALINE BAGS.   AND HE ORDERED — HE DUPLICATED HIS PREVIOUS ORDER OF BENOQUIN, 40 OF THE 30 GRAM TUBES.

 

Q           WHEN YOU SAY 40, THAT’S 40 TUBES?

 

A           40 TUBES OF 30 GRAMS.

 

Q           DID DOCTOR MURRAY INDICATE TO YOU HOW IT IS THAT HE WOULD LIKE TO EITHER PICK UP OR HAVE THESE ITEMS DELIVERED TO HIM?

 

A           HE ASKED US TO DELIVER IT TO HIS OFFICE IN LAS VEGAS.

 

Q           THAT WOULD BE HIS OFFICE ON EAST FLAMINGO ROAD, CORRECT?

 

A           YES.

 

Q           AND DID YOU COMPLY WITH HIS REQUEST?

 

A           YES, WE DID.

 

Q           WHAT TYPE OF DELIVERY SERVICE DID YOU USE?

 

A           I HAVE A COURIER THAT I HAVE BEEN USING FOR 8 YEARS, AND I CALLED HIM AND HAD HIM TAKE THEM DOWN THERE.

 

Q           DID THE COURIER CONTACT YOU BY TELEPHONE FROM DOCTOR MURRAY’S OFFICE WHEN THAT ORDER WAS DELIVERED?

 

A           YES.

 

Q           WHAT WAS THE PURPOSE FOR THE COURIER CONTACTING YOU FROM DOCTOR MURRAY’S OFFICE?

 

A           DOCTOR MURRAY WANTED TO KNOW IF WE CAN TAKE BACK PARTIAL OF THAT ORDER WE SENT TO HIM AND HAVE IT DELIVERED TO A LOCATION IN SANTA MONICA.

 

Q           THAT WOULD BE PART OF THE PROPOFOL AND THE BENOQUIN AND THE SALINE SOLUTION ORDER, CORRECT?

 

A           YES.

 

Q           AND WHAT WAS YOUR RESPONSE TO THAT QUESTION?

 

A           I SAID IT WAS NO PROBLEM.   HE GAVE AN ADDRESS TO THE COURIER.   HE WAS TALKING THROUGH THE COURIER TO ME WHILE I WAS ON THE PHONE.   AND HE STATED THAT HE HAD A CLINIC IN THE LOS ANGELES AREA, SANTA MONICA AND THAT HE WOULD LIKE TO HAVE THE MEDICINE DELIVERED TO THAT FACILITY.

 

Q           DOCTOR MURRAY INDICATED TO YOU THAT HE SAW PATIENTS AT THE ADDRESS IN LOS ANGELES THAT HE WISHED TO HAVE THESE MEDICAL ITEMS DELIVERED TO, CORRECT?

 

A           YES.

 

Q           DID DOCTOR MURRAY INDICATE TO YOU THAT THESE MEDICATIONS WOULD BE UNDER HIS CONTROL ONCE THEY WERE SHIPPED AND DELIVERED TO THIS ADDRESS IN LOS ANGELES?

 

A           YES.   HE SAID THAT HE WOULD BE UNDER CONTROL OF EVERYTHING THAT WAS SENT.

 

Q           AND THAT ADDRESS WAS CONRAD MURRAY, M.D, CARE OF NICOLE ALVAREZ AT 1540, 6TH STREET, SUITE 404, SANTA MONICA, CALIFORNIA, 90401?

 

A           CORRECT.

 

Q           DID THE COURIER RETURN TO YOUR OFFICE WITH A PORTION OF THAT ORDER DISCUSSED WITH DOCTOR MURRAY?

 

A           YES.   I WAS TOLD THAT SEVERAL BOTTLES OF PROPOFOL WERE TAKEN OUT AT THE OFFICE.

 

Q           AND THE REMAINDER CAME BACK TO YOUR OFFICE?

 

A           YES.

 

Q           AND WHAT, IF ANYTHING, DID YOUR OFFICE DO WITH THE REMAINDER OF THAT ORDER? WAS IT SHIPPED TO SANTA MONICA AS PER DOCTOR MURRAY’S REQUEST?

 

A           WE PACKED IT AND SHIPPED IT.

 

Q           I’D LIKE TO TURN YOUR ATTENTION NOW TO APRIL 28, 2009. DID CONRAD MURRAY PLACE A VERBAL ORDER WITH YOU ON THAT DATE?

 

A           YES.   HE ORDERED TWO SEPARATE ORDERS OF PROPOFOL.

 

Q           LET’S START WITH THE FIRST ORDER, PLEASE. DID HE ORDER ANY 100 MILLILITER PROPOFOL?

 

A           YES.   HE ORDERED FOUR BOXES.

 

Q           AND EACH OF THOSE BOXES CONTAINED HOW MANY INDIVIDUAL VIALS?

 

A           EACH BOX HAS 10, 100 M.L. VIALS.

 

Q           SO THE 100 M.L. VOLUME CONSISTED OF AN ORDER OF 40 INDIVIDUAL VIALS, CORRECT?

 

A           YES.

 

Q           AND ARE THESE PACKAGING THE SAME MANNER AS YOU DESCRIBED PREVIOUSLY, THAT BEING THE INDIVIDUAL BOTTLES THEN CONTAINED IN A SEALED BOX?   WOULD THAT BE ACCURATE?

 

A           YES.

 

Q           WHAT WAS THE COMPOSITION OF THE SECOND PROPOFOL ORDER THAT CONRAD MURRAY PLACED ON APRIL 28, 2009?

 

A          IT WAS ONE BOX OF THE 20 MILLILITER VIAL, 25 PER PACK.

 

Q           SO THAT ORDER CONTAINED 25 INDIVIDUAL VIALS PACKAGED IN THE SAME MANNER PREVIOUSLY DESCRIBED, CORRECT?

 

A           YES.

 

Q           DID DOCTOR MURRAY INSTRUCT YOU AS TO WHERE THIS ORDER SHOULD BE DELIVERED?

 

 A           YES.   HE TOLD US TO DELIVER IT TO THE SANTA MONICA ADDRESS.

 

Q           ON OR ABOUT APRIL 30 OF 2009, DID DOCTOR MURRAY PLACE ANOTHER ORDER WITH YOU?

 

A           YES, HE DID.

 

Q           PRIOR TO PLACING THE ORDER, DID DOCTOR MURRAY INQUIRE ABOUT ADDITIONAL SEDATIVE DRUGS?

 

A           YES, HE DID.

 

Q           WHICH DRUGS?

 

A           LORAZEPAM AND MIDAZOLAM.

 

Q           WAS DOCTOR MURRAY’S INQUIRY FOCUSED ON INJECTABLE FORMS OF THESE TWO SEDATIVE DRUGS?

 

A           YES.

 

Q           AND EACH OF THEM, THE LORAZEPAM AND MEDAZEPAM, ARE THEY AVAILABLE IN INJECTABLE FORM?

 

A           YES.

 

Q           ARE EITHER OF THOSE OR BOTH OF THEM AVAILABLE IN ANY OTHER FORM?

 

A           LORAZEPAM IS ALSO AN ORAL MEDICATION.

 

Q           DID DOCTOR MURRAY INDICATE TO YOU THAT HE HAD A NEED FOR LORAZEPAM AND MIDAZOLAM SEDATIVE INJECTABLES?

 

A           YES, HE DID.

 

Q           WHAT ORDERS, IF ANY, DID HE PLACE OF THOSE TWO SEDATIVE DRUGS?

 

A           HE PLACED AN ORDER OF A TRAY OF LORAZEPAM, 10 M.L. VIALS, TEN OF THEM, DURING ONE OF THOSE.   AND HE ORDERED TWO TRAYS OF MIDAZOLAM.   THEY COME IN 2 M.L. VIALS.   THERE IS TEN IN EACH TRAY.

 

Q           THAT WOULD BE A TOTAL OF 20 VIALS OF MIDAZOLAM, CORRECT?

 

A           YES.

 

Q           AND A TOTAL OF 10 VIALS OF THE LORAZEPAM, CORRECT?

 

A           YES.

 

Q           PRIOR TO ACCEPTING DOCTOR MURRAY’S ORDER FOR THESE TWO ITEMS, DID YOU AGAIN VERIFY HIS DEA NUMBER AND THE RELEVANT INFORMATION AS YOU DID ON THE PREVIOUS ORDERS?

 

A           YES, I DID.

 

Q           DID DOCTOR MURRAY INSTRUCT YOU AS TO WHERE THESE ITEMS, THE LORAZEPAM AND THE MIDAZOLAM SHOULD BE SENT TO?

 

A           HE REQUESTED THEM TO BE SENT TO SANTA MONICA.

 

Q           DID YOU COMPLY WITH THAT REQUEST?

 

A           YES, I DID.

 

Q           MOVING NOW TO THE BEGINNING OF MAY, DID YOU HAVE CONVERSATIONS WITH DOCTOR MURRAY CONCERNING MEDICATIONS DURING THAT TIME PERIOD?

 

A           YES, I DID.

 

Q           DID YOU DISCUSS BENOQUIN CREAM?

 

A           YES, WE DID.

 

Q           DESCRIBE THAT CONVERSATION WITH DOCTOR MURRAY, PLEASE.

 

A           THERE WERE SEVERAL ISSUES.   THE FIRST ONE WAS HE WANTED TO KNOW IF THERE WAS A FORMULATION THAT WAS LESS GREASY. SECONDLY, HE ASKED ME CAN IT BE PACKAGED IN A LARGER CONTAINER.   WE WERE DOING 30 GRAM CONTAINERS.   HE WANTED TO KNOW COULD IT BE PUT IN A LARGER ONE.   AND LASTLY, REGARDING THE BENOQUIN, HE WANTED TO KNOW IF THE PACKAGING COULD LOOK BETTER.

 

Q          THAT WOULD BE THE TUBING?

 

A           THE TUBE, YES, THE ACTUAL, THE ACTUAL PACKAGE THAT’S RECEIVED.

 

Q           SO YOU HAD A CONVERSATION WITH DOCTOR MURRAY AND ADDRESSED EACH OF THESE CONCERNS OR INQUIRIES THAT HE HAD REGARDING THE BENOQUIN CREAM, CORRECT?

 

A           YES.

 

Q           DID DOCTOR MURRAY INQUIRE ABOUT ANY OTHER TYPE OF CREAM PRODUCTS WITH YOU AT THIS POINT IN TIME?

 

A           YES.   HE ASKED ME A QUESTION ABOUT ANOTHER BLEACHING AGENT CALLED HYDROQUINONE.

 

Q           AND DID YOU PROVIDE HIM WITH INFORMATION IN RESPONSE TO HIS QUESTIONS PRESUMABLY AS TO THE AVAILABILITY, PRICING, ET CETERA?

 

A           AND WHAT’S — YES.   AND WHAT STRENGTHS DOES IT COME IN.   WHAT STRENGTHS CAN WE MAKE IT IN.

 

Q           DID DOCTOR MURRAY INDICATE TO YOU THAT HE HAD A NEED OR WAS PLANNING TO PURCHASE THOSE ITEMS FROM YOU?

 

A           YES.   HE DESCRIBED THE SAME PATIENT POPULATION AND WANTED TO TRY THAT AS WELL, HYDROQUINONE.

 

Q           DURING THE SAME CONVERSATION IN EARLY MAY, DID DOCTOR MURRAY INQUIRE ABOUT WHAT YOU MIGHT CALL ENERGY FORMULATIONS?

 

A           YES.   WE HAD A BRIEF CONVERSATION ABOUT SOME SORT OF FORMULATION THAT WOULD GIVE INCREASED WAKEFULNESS OR MORE ENERGY.

 

Q           THOSE WERE THE QUESTIONS OR THOSE WERE THE CRITERIA THAT DOCTOR MURRAY POSED TO YOU IN ORDER TO INITIATE A DISCUSSION OF HIS NEED, CORRECT?

 

A           YES.

 

Q           AND WHAT WAS YOUR RESPONSE OR YOUR SUGGESTIONS TO DOCTOR MURRAY’S INQUIRE?

 

A           I SUGGESTED MANY DIFFERENT DRUGS THAT HAVE A SIDE EFFECT AS ALERTNESS, AND HE SAID HE WANTED IT TO BE SIMPLE.   AND HE DIDN’T WANT IT TO BE A NARCOTIC OR NOTHING LIKE THAT.   HE WANTED IT TO BE JUST AS NATURAL AS POSSIBLE.

 

Q           WOULD THE LAY PERSON TRANSLATION OF THAT BE OVER-THE-COUNTER PRODUCT VERSUS A PRESCRIBED PRODUCT OR MEDICATION?

 

A           YES.

 

Q           AND SO DOCTOR MURRAY INDICATED TO YOU THAT HE DIDN’T WANT A PRESCRIPTION FOR ANYTHING.   HE JUST WANTED SOMETHING THAT WAS NATURAL AND PERHAPS OVER-THE-COUNTER?

 

A           YES.

 

Q           AND WHAT SUGGESTIONS, IF ANY, DID YOU PROVIDE TO HIM IN RESPONSE TO HIS REFINED CRITERIA?

 

A          I SAID IT HAD TO BE SOMETHING WITH CAFFEINE IN IT.   HE COULDN’T GET AWAY FROM THAT.   I SUGGESTED ANOTHER SUPPLEMENT CALLED L-CARNITINE.   WE — AT THAT PARTICULAR TIME, WE WERE JUST BOUNCING IDEAS OFF OF EACH OTHER.   I DIDN’T COME TO ANY CONCLUSION AT THAT TIME.

 

Q           DID DOCTOR MURRAY INDICATE TO YOU DURING THE INQUIRY ABOUT THE ENERGY FORMULATION THAT IT WAS HE HIMSELF WHO WAS IN NEED OF AN ENERGY FORMULATION?

 

A           YES.

 

Q           SO YOU HAD A DISCUSSION WITH HIM, PROVIDED SOME SUGGESTIONS. DID YOU COME TO ANY DECISION OR RESOLUTION WITH DOCTOR MURRAY AS TO HOW YOU MIGHT MEET HIS NEEDS?

 

A           NOT AT THIS TIME, NO.

 

Q           SO YOU GAVE HIM SOME IDEAS.   AND WHAT? HE INDICATED HE WOULD THINK ABOUT IT AND GET BACK TO YOU?

 

A           YEAH.   HE SAID, KEEP THINKING ABOUT IT.   SO I KEPT THINKING ABOUT IT.

 

Q           AND YOU HAD A LATER CONVERSATION WITH HIM ABOUT IT?

 

A           YES.

 

Q           STILL FOCUSED ON THIS CONVERSATION, DID DOCTOR MURRAY INDICATE TO YOU THE NEED FOR ANY OTHER MEDICAL ITEMS?

 

A           HE SAID HIS PATIENTS WERE COMPLAINING OF INJECTION, INJECTION PAIN FROM A NEEDLE INJECTION.   AND HE WANTED TO KNOW IF I COULD MAKE A TOPICAL ANESTHETIC. HE WAS SPECIFIC THAT HE WANTED IT IN A CREAM BASE.   I SUGGESTED A COMMERCIAL AVAILABLE CREAM.   BUT HE SUGGESTED THAT HE JUST WANTED A LIDOCAINE-ONLY CREAM.

 

Q           DOES LIDOCAINE COME IN AN ADDITIONAL FORM OTHER THAN A TOPICAL CREAM?

 

A           IT COMES IN A GEL.

 

Q           DOES IT ALSO COME IN AN INJECTABLE FORM?

 

A           YES, IT DOES.

 

Q           SO YOU PROVIDED HIM WITH SOME SUGGESTIONS CONCERNING PRODUCTS THAT WOULD ALLEVIATE OR ADDRESS INJECTION SITE PAIN, CORRECT?

 

A           YES.

 

Q           WHAT WAS THE NEXT DATE THAT DOCTOR MURRAY ACTUALLY CONTACTED YOU AND PLACED AN ORDER FOR PRODUCT?

 

A           AROUND MAY 12.

Q           TELEPHONIC ORDER AGAIN?

 

A           YES.

 

Q           SO YOU SPEAK WITH DOCTOR MURRAY ON MAY 12. AND DESCRIBE FOR ME, PLEASE, THE ITEMS THAT HE ORDERED ON THAT DATE.

 

A           HE ORDERED FOUR BOXES OF THE PROPOFOL, 100 MILLILITER, TEN VIALS IN EACH BOX.

 

Q           THAT WOULD BE A TOTAL OF 40 VIALS?

 

A           YES.

 

Q           AND THAT IS THE LARGER SIZE, CORRECT?

 

A           YES. HE ORDERED ONE BOX OF THE 20 MILLILITER VIAL, 25 OF THEM. HE ORDERED TWO TRAYS OF MIDAZOLAM, TWO MILLILITER, 10 IN EACH TRAY.

 

Q           THAT WOULD BE A TOTAL OF 20 VIALS OF THE SEDATIVE MIDAZOLAM, CORRECT?

 

A           YES. WE, HE ORDERED A LIDOCAINE 2 PERCENT CREAM THAT I MADE FOR HIM FOR THE INJECTION SITE PAIN, 60 GRAMS. AND HE ORDERED ONE TRAY OF FLUMAZENIL, 5 M.L. VIAL, TEN OF THEM.

 

Q           THAT WOULD BE TEN VIALS OF THE INJECTABLE —

 

A           FLUMAZENIL.

 

Q           — DRUG FLUMAZENIL, CORRECT?

 

A           YES.

 

Q           AND WHAT IS THE PURPOSE OF FLUMAZENIL?

 

A           IT COULD EITHER — IT’S USED TO PARTIALLY OR COMPLETELY REVERSE SEDATIVE ACTIONS OF BENZODIAZEPINES.

 

Q           AND MIDAZOLAM AND LORAZEPAMS ARE BENZODIAZEPINES, CORRECT?

 

A           YES.

 

Q           AT THE CONCLUSION OF THESE ITEMS PLACED BY DOCTOR MURRAY, DID HE AGAIN INDICATE TO YOU THAT HE WOULD LIKE THESE ITEMS SHIPPED TO THE SANTA MONICA ADDRESS?

 

A           YES.

 

Q           AND DID YOU FULFILL HIS REQUEST?

 

A           YES, I DID.

 

Q           TURNING NOW TO THE DATE OF MAY 14, 2009, DID YOU HAVE ANOTHER TELEPHONIC CONVERSATION WHERE DOCTOR MURRAY DISCUSSED PRODUCT AND PLACE AN ORDER WITH YOU?

 

A           WE BRIEFLY SPOKE ABOUT THE ENERGY FORMULATION AGAIN.   AGAIN, JUST BOUNCED IDEAS BACK ON IT. WE SPECIFICALLY SPOKE ABOUT THE BENOQUIN.   HE WANTED ME TO CHANGE THE VEHICLE, THE BASE, IF YOU WILL, OF WHAT THE DRUG SITS IN TO MAKE IT LESS GREASY, TO MAKE IT ABSORB BETTER, TO MAKE IT LESS STICKY ON THE SKIN.   SO I WORKED ON DIFFERENT FORMULATIONS TO PROVIDE THAT FOR HIM. AND HE, ALSO, DOCTOR MURRAY ALSO SAID THAT THE LIDOCAINE 2 PERCENT WAS NOT STRONG ENOUGH.

 

Q           THAT WOULD BE LIDOCAINE CREAM?

 

A           TOPICAL CREAM, YES.

 

Q           WHAT, IF ANYTHING, DID YOU DISCUSS REGARDING ADDRESSING THAT ISSUE FOR HIM?

 

A           I MADE IT A 4 PERCENT CREAM FOR HIM.

 

Q           AND YOU INDICATED THAT YOU ATTEMPTED TO ADDRESS DOCTOR MURRAY’S ISSUES WITH THE BENOQUIN CREAM. AND DID YOU PREPARE SAMPLES WITH VARIATIONS TO ADDRESS HIS CONCERNS?

 

A           I SENT HIM 3, 10 GRAM SAMPLES IN VARIOUS BASES SO HE COULD DETERMINE WHICH ONE IS BEST SUITED FOR HIS NEEDS.

 

Q           WHAT ORDER DID HE SPECIFICALLY PLACE WITH YOU, WHAT PRODUCTS ON MAY 14, 2009?

 

A           A 4 PERCENT LIDOCAINE CREAM, 60 GRAMS.   ONE BENOQUIN 20 PERCENT IN WHAT WE CALL A H.R.T. BASE.   ONE BENOQUIN 20 PERCENT CREAM IN WHICH WE CALL LIPODERM BASE. AND ONE BENOQUIN PERCENT CREAM IN WHAT WE CALL A P.L.O. BASE.

 

Q           NOW WITH REGARD TO THIS ORDER, DID YOU HAVE DISCUSSION THAT WAS IN SOME WAY DIFFERENT THAN YOUR PREVIOUS DISCUSSIONS WITH DOCTOR MURRAY CONCERNING SHIPMENT OF THESE ITEMS?

 

A           AT THE TIME, I WAS PLANNING ON A TRIP.   SO I WAS GOING TO LOS ANGELES ANYWAYS AROUND THIS TIME, AND I WAS GOING TO THE AIRPORT.   SO I SUGGESTED TO HIM THAT I COULD SAVE HIM ON THE SHIPPING, AND I COULD DELIVER THIS DIRECTLY TO HIM.

 

Q           IN LOS ANGELES?

 

A           IN LOS ANGELES.

 

Q           AND WHAT WAS DOCTOR MURRAY’S RESPONSE TO THAT OFFER FROM YOU?

 

A           HE INSISTED THAT WASN’T NECESSARY.   HE SAID, JUST FEDEX IT THE WAY WE NORMALLY DO.

 

Q           AND THAT WOULD BE TO THE SANTA MONICA ADDRESS, CORRECT?

 

A           YES.

 

Q           AND YOU, IN FACT, CARRIED OUT DOCTOR MURRAY’S INSTRUCTION AND SHIPPED THIS ORDER TO THAT ADDRESS?

 

A           YES.

 

Q           TURNING NOW TO JUNE 1, 2009, DID YOU HAVE A CONVERSATION WITH DOCTOR MURRAY PICKING UP ON THE ENERGY REQUEST THAT HE HAD MADE WITH YOU SOME WEEKS PRIOR?

 

A           YES, I DID. AND I TOLD HIM THERE WAS ESSENTIALLY THREE PRODUCTS THAT ARE COMMERCIALLY AVAILABLE OVER THE COUNTER THAT I COULD POSSIBLY PUT THEM IN A COMBINATION.   SO IT’S IN ONE CAPSULE, AND HE COULD TRY THAT TO SEE IF THAT SATISFIED WHAT HE WAS TRYING TO ACCOMPLISH.

 

Q           WAS THAT AGREEABLE TO DOCTOR MURRAY?

 

A           YES, IT WAS.

 

Q           AND DID YOU, IN FACT, PREPARE AN ENERGY FORMULATION OF OVER-THE-COUNTER PRODUCTS SUCH AS CAFFEINE, ASPIRIN, AND EPHEDRINE AND CREATE CAPSULES AND PROVIDE THEM?

A           HE — YES.   I TOLD HIM THE MINIMUM I COULD MAKE WAS 30 AT A TIME.

 

Q           THAT WOULD BE 30 CAPSULES?

 

A           30 CAPSULES.   SO I MADE THAT FORMULATION OF 30 CAPSULES.

 

Q           WERE THOSE ITEMS INCLUDED IN A SHIPMENT THAT WAS PLACED LATER ON IN JUNE?

 

A           YES.

 

Q           AND DID YOU INCLUDE THESE ENERGY FORMULATIONS ON AN INVOICE, OR DID YOU JUST INCLUDE THEM IN THE SHIPMENT FOR DOCTOR MURRAY TO TRY?

 

A           I INCLUDED THEM IN THE SHIPMENT.

 

Q           I’D LIKE TO TURN NOW TO THE NEXT TELEPHONIC ORDER THAT CONRAD MURRAY PLACED TO YOU FOR DRUGS. WOULD THAT BE ON JUNE 10, 2009?

 

A           YES.

 

Q           SPECIFICALLY, WHAT DID CONRAD MURRAY ORDER ON THAT DATE?

 

A           HE ORDERED ONE TRAY OF LIDOCAINE, ONE PERCENT INJECTABLE, 30 M.L. VIALS, 25 OF THEM IN EACH TRAY. HE ORDERED 4 PROPOFOL, FOUR BOXES OF PROPOFOL, 100 MILLILITER VIAL, TEN IN EACH BOX. HE ORDERED TWO PROPOFOL OF THE 20 MILLILITER VIAL, 25 IN EACH BOX. HE ORDERED 20 —

 

Q           LET ME STOP YOU THERE FOR JUST A MOMENT, PLEASE. SO THE PROPOFOL, DOCTOR MURRAY ORDERED 40 INDIVIDUAL VIALS OF THE 100 MILLILITER PRODUCT AND 25 VIALS OF THE 20 MILLILITER PROPOFOL — EXCUSE ME — 2 — HE ORDERED 2, A QUANTITY OF 2 OF THE 20 MILLILITER WHICH WOULD BE A TOTAL OF 50 VIALS, CORRECT?

 

A           THAT’S CORRECT.

 

Q           AND WHAT WAS THE NEXT PRODUCT THAT YOU WERE MOVING TO?

 

A           20 TUBES, 60 GRAM TUBES OF HYDROQUINONE 8 PERCENT.   AND 20, 60 GRAM TUBES OF BENOQUIN 20 PERCENT. AND 30 CAPSULES OF THE EPHEDRINE CAFFEINE ASPIRIN.

 

Q           THAT WOULD BE THE ENERGY FORMULATION YOU SPOKE OF A MOMENT AGO, CORRECT?

 

A           YES, YES.

 

Q           WITH REGARD TO DELIVERY OF THESE ITEMS, WHERE DID THESE ITEMS, WHERE WERE THESE TIMES SHIPPED TO?

 

A           THEY WERE SHIPPED TO SANTA MONICA.

 

Q           TURNING NOW TO JUNE 15, 2009, DID DOCTOR MURRAY CALL YOU AND PLACE ANOTHER ORDER?

 

A           YES, HE DID.

 

Q           PRIOR TO PLACING THE ORDER, DID HE COMMENT TO YOU REGARDING THE ENERGY FORMULA THAT YOU HAD SENT TO HIM ON JUNE 10, 2009?

 

A           YES, HE DID.

 

Q           WHAT DID HE COMMENT ON WITH REGARD TO THAT PRODUCT?

 

A           HE SAID HE WAS HAPPY WITH THE RESULT, AND HE INQUIRED ABOUT PRICING.

 

Q           AND DID YOU PROVIDE HIM WITH THAT INFORMATION?

 

A           I DON’T REMEMBER IF I DID OR DIDN’T.

 

Q           WHAT OTHER ITEMS DID DOCTOR MURRAY ORDER ON JUNE 15, 2009?

 

A           HE ORDERED ONE TRAY OF LORAZEPAM TEN MILLILITER VIAL, TEN OF THEM PER TRAY.

 

Q           THIS WOULD BE THE INJECTABLE FORMULA?

 

A           INJECTABLE FORMULA.

 

Q           INJECTABLE SINCE IT’S IN A VIAL?

 

A           YES.

 

Q           WHAT ELSE?

 

A           HE ORDERED TWO TRAYS OF INJECTABLE MIDAZOLAM 2 MILLILITER VIALS, TEN PER TRAY.

 

Q           ALSO INJECTABLE FORMULA?

 

A           YES.

 

Q          SO THAT WOULD BE 20 INDIVIDUAL VIALS OF THE SEDATIVE MIDAZOLAM, CORRECT?

 

A           YES.

 

Q           DID HE ALSO ORDER SALINE BAGS AT THAT TIME?

 

A           HE ORDERED 12 NORMAL SALINE BAGS.

 

Q           AND WHERE WERE THESE ITEMS SHIPPED TO?

 

A           SANTA MONICA.

 

Q           MR. LOPEZ, DURING ANY OF THE ORDERS THAT CONRAD MURRAY PLACED TO YOU, OTHER THAN A DISCUSSION OF THE ENERGY FORMULATION WHEREBY CONRAD MURRAY INDICATED THAT THAT WAS FOR HIS OWN USE, DID DOCTOR MURRAY EVER DISCLOSE TO YOU THE NAME OF ANY PATIENT THAT THE MEDICATIONS THAT HE HAD ORDERED WOULD BE USED BY?

 

A           NO.

 

Q           TURNING NOW TO JUNE 25, 2009, DID YOU HEAR ON THE NEWS THAT MICHAEL JACKSON HAD DIED?

 

A           YES.

 

Q           AT THE TIME THAT YOU HEARD OF THE DEATH OF MICHAEL JACKSON, DO YOU RECALL WHEN WAS THE LAST TIME THAT YOU HAD A CONVERSATION WITH CONRAD MURRAY?

 

A           IT WAS EITHER THE 23RD OR THE 24TH.

 

Q           DID DOCTOR MURRAY CALL YOU, OR DID YOU CALL HIM?

 

A           HE CALLED THE PHARMACY.

 

Q           WAS IT EARLY IN THE DAY?   LATE IN THE DAY?

 

A           VERY LATE IN THE DAY.   WE CLOSE AT 5:00.   IT WAS VERY NEAR CLOSING TIME.

 

Q           DESCRIBE THAT CONVERSATION THAT YOU HAD WITH DOCTOR MURRAY, PLEASE, ON THAT DATE?

 

A           HE WAS VERY INAUDIBLE.   IT SOUNDED TO ME LIKE HE WAS DRIVING IN A CAR WITH A WINDOW DOWN, AND I REALLY COULDN’T UNDERSTAND WHAT HE WAS SAYING JUST BASED ON THE NOISE.

 

Q           SO IT WAS A BRIEF CONVERSATION?

 

A           VERY BRIEF, AND I TOLD HIM I WOULD CALL HIM THE NEXT DAY TO FIND OUT WHAT HE, YOU KNOW, WHAT THE CALL WAS ABOUT.

 

Q          AND DID YOU EVER CALL HIM?

 

A           NO.

 

Q           WAS THAT THE LAST TIME YOU SPOKE WITH CONRAD MURRAY?

 

A           YES.

 

Q           I’D LIKE TO NOW GO OVER SOME DOCUMENTS WITH YOU, MR. LOPEZ.

 

MS. BRAZIL:   YOUR HONOR, I HAVE WHAT APPEARS TO BE AN INVOICE. I’D ASK THAT IT BE MARKED PEOPLE’S 52, PLEASE.

 

THE COURT:   YES.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, FROM YOUR POSITION ON THE WITNESS STAND, ARE YOU ABLE TO SEE THE DOCUMENT MARKED AS EXHIBIT 52 THAT I PLACED ON THE PROJECTOR?

 

A           YES, MA’AM.

 

Q           WHAT IS THIS DOCUMENT?

 

A           THIS IS A SALES RECEIPT FOR AN ORDER FROM DOCTOR MURRAY.

 

Q           AND THAT’S APPLIED PHARMACY SERVICES. YOU RECOGNIZE THIS IS YOUR INVOICE AND SALES RECEIPT, CORRECT?

 

A           YES.

 

Q           AND THE DATE APRIL 1, 2009?

 

A           YES.

 

Q           WHAT ORDER, WHAT DESCRIPTION DOES THIS INVOICE REFLECT AS THE PURCHASE BY CONRAD MURRAY?

 

A           WELL, WE INITIALLY PUT THE NUMBER THAT’S THE 66 NUMBER.   THAT’S A PRESCRIPTION NUMBER GENERATED BY THE PHARMACY SOFTWARE SYSTEM.   WE ORIGINALLY PUT HIS INITIAL ORDER IN AS A PRESCRIPTION.   SO THAT NUMBER WOULD REFLECT THE 40, 30 GRAM TUBES OF BENOQUIN 20 PERCENT.

 

Q           SO THIS FIRST RECEIPT TRACKS HIS FIRST ORDER THAT HE PICKED UP IN PERSON, AND THAT WOULD BE THE BENOQUIN CREAM, CORRECT?

 

A           YES.

 

MS. BRAZIL:   YOUR HONOR, I HAVE ANOTHER INVOICE.   I WOULD ASK IT BE MARKED 53, PLEASE.

 

THE COURT:   YES.

 

BY MS. BRAZIL:

 Q           MR. LOPEZ, AGAIN DO YOU RECOGNIZE EXHIBIT 53 AS AN APPLIED PHARMACY INVOICE?

 

A           YES.

 

Q           AND IT REFLECTS THE DATE OF APRIL 6, 2009?

 

A           YES.

 

Q           AND THIS INVOICE ALSO REFLECTS THE CUSTOMER CONRAD MURRAY, CORRECT?

 

A           YES.

 

Q           AND THIS INVOICE REFLECTS HIS FIRST PURCHASES FOR PROPOFOL.   AND THAT WOULD BE IN THE 100 MILLILITER WHERE HE ORDERED A CASE, A TRAY CONTAINING TEN INDIVIDUAL VIALS AND ANOTHER TRAY OF A DIFFERENT VOLUME CONTAINING 25 INDIVIDUAL VIALS AND THEN ADDITIONAL ORDER OF BENOQUIN AND SALINE SOLUTION, CORRECT?

 

A           YES.

 

MS. BRAZIL:   NEXT, YOUR HONOR, I HAVE AN EXHIBIT 54, PLEASE.

 

THE COURT:   YES.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, TAKE A LOOK AT THE EXHIBIT ON THE SCREEN NOW.

WHAT IS THIS DOCUMENT?

 

A           THAT’S A FEDEX BILL OF WHAT’S, SHOWING THAT I SENT A PACKAGE TO AN ADDRESS.

 

Q           DO YOU SEE WHERE MY LASER IS POINTED TO THE SHIPPER ACCOUNT NUMBER? IS THAT THE APPLIED PHARMACY ACCOUNT NUMBER WITH FEDEX FOR ALL OF YOUR DELIVERIES WHEN FEDEX IS THE COURIER?

 

A           YES, IT IS.

 

Q           AND THIS DOCUMENT, DOES IT REFLECT THE SHIPPING CONCERNING THE PROPOFOL REFLECTED IN EXHIBIT 53?

 

A           YES.

 

Q           AND IT INDICATES THAT IT WAS SHIPPED TO NICOLE ALVAREY ENDING IN A Y, PERHAPS A MISSPELLING HERE. IT SHOULD BE NICOLE ALVAREZ.

 

MR. LOW:   OBJECTION.

 

THE COURT:   I AM GOING TO SUSTAIN THE OBJECTION AS OPPOSED TO EDITORIALIZING. RE-ASK, MISS BRAZIL.

 

MS. BRAZIL:   THANK YOU, YOUR HONOR.

Q           DO YOU SEE HERE WHERE IT’S SHIPPED TO NICOLE ALVAREY?

 

A           YES.

 

Q           IS THAT A MISSPELLING?

 

A           I BELIEVE IT IS.

 

Q           AND WHAT SHOULD BE THE CORRECT SPELLING OF THE LAST NAME?

 

A           A Z. AT THE END INSTEAD OF A Y.

 

Q           FOR ALVAREZ?

 

A           YES.

 

Q           THAT WOULD BE THE INFORMATION THAT CONRAD MURRAY PROVIDED TO YOUR COURIER AND TO YOU WITH INSTRUCTIONS AS TO WHERE HIS PRODUCT ORDER FROM YOU SHOULD BE DELIVERED; IS THAT CORRECT?

 

A           YES.

 

Q          AND THE ADDRESS REFLECTED HERE WOULD BE THE 6TH STREET ADDRESS, APARTMENT 404, IN SANTA MONICA, CALIFORNIA, AS DICTATED TO YOU BY CONRAD MURRAY, CORRECT?

 

A           YES.

 

Q           AND THE BOTTOM PORTION HERE IS THE VERIFICATION BY FEDERAL EXPRESS THAT THIS PACKAGE WAS SIGNED FOR BY AN A. NICOLE AND THE SIGNATURE BELOW IT INDICATING THE LOCATION IT WAS DELIVERED, THE DATE, AND THE DELIVERY TIME, CORRECT?

 

 

A           YES.

 

MS. BRAZIL:   NEXT, YOUR HONOR, EXHIBIT 55.

 

THE COURT:   YES.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, DO YOU RECOGNIZE EXHIBIT 55 TO BE ANOTHER ONE OF APPLIED PHARMACY’S RECEIPTS?

 

A           YES.

 

Q           AND THIS INVOICE REFLECTS THE DATE OF APRIL 26. WOULD THAT BE REFLECTIVE OF DOCTOR MURRAY’S NEXT ORDER OF PROPOFOL? THIS TIME HE ORDERED A QUANTITY OF FOUR TRAYS OF PROPOFOL OF THE 100 MILLILITER VOLUME AND ONE TRAY OF THE 20 MILLILITER. AND THAT WAS AGAIN SHIPPED TO CONRAD MURRAY AT HIS REQUEST, CORRECT?

 

A           YES.

 

MS. BRAZIL:   EXHIBIT 56.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, DO YOU RECOGNIZE EXHIBIT 56 AS ANOTHER ONE OF APPLIED PHARMACY FEDEX RECEIPTS THAT CORRESPONDS WITH EXHIBIT NUMBER 55, THE ORDER OF PROPOFOL PLACED BY DOCTOR MURRAY AND SHIPPED TO HIM CARE OF NICOLE ALVAREY, AGAIN THE 6TH STREET LOCATION IN SANTA MONICA?

 

A           YES.

 

Q           INDICATES IT WAS SIGNED FOR BY A, LOOKS LIKE, P. MARIA AND A SIGNATURE BELOW THAT INDICATING DELIVERY DATE 4-29-2009, 12:07?

 

A           YES.

 

MS. BRAZIL:   EXHIBIT 57, YOUR HONOR.

 

THE COURT:   YES.

 

BY MS. BRAZIL:

Q           DOCTOR LOPEZ — EXCUSE ME — MR. LOPEZ, TAKE A LOOK AT EXHIBIT 57. IS THAT ANOTHER ONE OF APPLIED PHARMACY’S RECEIPTS?

 

A           YES.

 

Q           OR RATHER INVOICES?

 

A           YES.

 

Q           AND THIS WOULD BE AN INVOICE ALSO REFLECTING AN ORDER PLACED BY CONRAD MURRAY. AND THIS WOULD BE FOR THE BENZODIAZEPINES, SPECIFICALLY LORAZEPAM AND MIDAZOLAM, CORRECT?

 

A           YES.

 

THE COURT:   MAY I HAVE DATE, PLEASE?

 

MS. BRAZIL:   THANK YOU, YOUR HONOR.   SORRY.

Q           MR. LOPEZ, THIS WOULD BE APRIL 30, 2009?

 

A           YES.

 

MS. BRAZIL:   EXHIBIT 58, PLEASE.

 

THE COURT:   CORRECT.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, EXHIBIT 58, IS THIS A FEDEX TRACKING RECEIPT THAT CORRESPONDS WITH THE SHIPMENT PLACED ON 4-30-2009 AGAIN WITH YOUR SHIPPER ACCOUNT NUMBER? IT REFLECTS THE RECIPIENT WOULD BE NICOLE ALVAREZ SENT IN CARE OF HER TO CONRAD MURRAY AT THE 6TH STREET LOCATION IN SANTA MONICA, AND IT INDICATES THAT IT WAS DELIVERED BY FEDERAL EXPRESS ON MAY 1, 2009?

 

A           YES, YES.

 

MS. BRAZIL:   59, PLEASE, YOUR HONOR.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, TAKE A LOOK AT THIS DOCUMENT. IS THIS ANOTHER APPLIED PHARMACY RECEIPT WITH THE DATE OF 5-12-2009 INDICATING A PURCHASE MADE BY CONRAD MURRAY, M.D? ARE YOU ABLE TO SEE THE ITEMS THAT ARE REFLECTED IN THE DESCRIPTION PORTION?

 

A           I HAVE A COPY IN FRONT OF MR..

 

Q           DID YOU BRING THOSE DOCUMENTS WITH YOU IN COURT TODAY?

 

A           YES.

 

Q           THIS RECEIPT DATED 5-12-2009 REFLECTS TWO ORDERS OF PROPOFOL AGAIN IN THE 100 MILLILITER AND THE 20 MILLILITER VOLUME AS WELL AS MIDAZOLAM, FLUMAZENIL, AND LIDOCAINE CREAM; IS THAT CORRECT?

 

A           THIS IS DATED 5-12?

 

Q           YES.   5-12-09.

 

A           IT’S FOUR OF THE HUNDRED MILLILITER.

 

Q           YES.   SORRY.   FOUR INDIVIDUAL TRAYS OF THE 100 MILLILITER PROPOFOL.

 

A           RIGHT.   AND ONE TRAY OF THE 20 MILLILITER.

 

Q           YES.

 

A           OKAY.

 

MS. BRAZIL:   EXHIBIT 60, PLEASE.

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, DOES EXHIBIT 60 REFLECT THE FEDERAL EXPRESS SHIPPING DOCUMENTATION CONCERNING THE APPLIED PHARMACY SHIPMENT DATED 5-12-09, THE PROPOFOL AND THE MIDAZOLAM AND FLUMAZENIL AND LIDOCAINE THAT WE JUST SPOKE ABOUT?

 

A           YES.

 

Q           AND IT REFLECTS AGAIN AN ORDER PLACED BY DOCTOR MURRAY DELIVERED AT HIS DIRECTION TO NICOLE ALVAREZ IN SANTA MONICA, AND IT INDICATES THAT IT WAS SIGNED BY SOMEONE PERHAPS P. MASON; DELIVERY DATE 5-13-2009?

 

A           YES.

 

MS. BRAZIL:   EXHIBIT 61, PLEASE.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, DIRECTING YOUR ATTENTION TO EXHIBIT 61, AN A.P.S. SALES RECEIPT DATED MAY 14, 2009. WHAT IS THE SUBJECT OF THIS DELIVERY? AGAIN, IT HAS THE R.X. NUMBER?

 

A           THAT REPRESENTS THE LIDOCAINE 4 PERCENT CREAM.

 

Q           AND THIS LIDOCAINE CREAM ORDER WAS ALSO SHIPPED TO THE SANTA MONICA ADDRESS?

 

A           YES.

 

MS. BRAZIL:   EXHIBIT 62, PLEASE.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           EXHIBIT 62 REFLECTS THE SHIPMENT OF THAT LIDOCAINE CREAM AGAIN TO DOCTOR MURRAY CARE OF NICOLE ALVAREY AT THE 6TH STREET APARTMENT DELIVERED ON 5-15-2009 BY FEDEX, CORRECT?

 

A           YES.

 

MS. BRAZIL:   63, PLEASE.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, DO YOU RECOGNIZE PEOPLE’S 63 AS ONE OF YOUR SALES RECEIPTS DATED JUNE 10, 2009, REFLECTING A PURCHASE OF LIDOCAINE, PROPOFOL, HYDROQUINONE CREAM, AND BENOQUIN CREAM?

 

A           YES.

 

MS. BRAZIL:   64, PLEASE.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           AND AGAIN, MR. LOPEZ, PEOPLE’S 64 REFLECTING THE FEDEX RECEIPT CORRESPONDING WITH THE SALES INVOICE TO CONRAD MURRAY DATED JUNE 10, 2009, SHIPPED FROM APPLIED PHARMACY SERVICES TO DOCTOR MURRAY AT THE 6TH STREET LOCATION SIGNED FOR BY — IT APPEARS TO HAVE THE NAME N. NICOLE AND THE SIGNATURE BELOW THAT, DELIVERY DATE JUNE 11, 2009, CORRECT?

 

A           YES.

 

MS. BRAZIL:   65, PLEASE.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           MR. LOPEZ, EXHIBIT 65, ANOTHER APPLIED PHARMACY SALES RECEIPT DATED JUNE 15, 2009, REFLECTING A PURCHASE BY DOCTOR MURRAY OF THE BENZODIAZEPINES, LORAZEPAM, MIDAZOLAM, AS WELL AS SALINE SOLUTION, CORRECT?

 

A           YES.

 

MS. BRAZIL:   66, PLEASE, YOUR HONOR.

 

THE COURT:   MARKED.

 

BY MS. BRAZIL:

Q           FINALLY, MR. LOPEZ, EXHIBIT 66 REFLECTS THE FEDEX DOCUMENTATION SUPPORTING YOUR FINAL DELIVERY JUNE 15, 2009, TO DOCTOR MURRAY AGAIN CARE OF NICOLE ALVAREZ AT THE 6TH STREET LOCATION DELIVERED ON JUNE 16, 2009, CORRECT?

 

A           YES.

 

Q           MR. LOPEZ, HOW MANY VIALS IN TOTAL OF LIDOCAINE INJECTABLE AGENT DID CONRAD MURRAY PLACE WITH APPLIED PHARMACY SERVICES?

 

A           25 OF THE 30 M.L. VIALS.

 

Q           AND IN TOTAL, HOW MANY VIALS OF LORAZEPAM SEDATIVE WAS SOLD TO DOCTOR CONRAD MURRAY?

 

A           20 OF THE 10 M.L. VIALS.

 

Q           SAME QUESTION CONCERNING THE NUMBER OF MIDAZOLAM VIALS SOLD TO CONRAD MURRAY.

 

A           60 OF THE 2 MILLILITER VIALS.

 

Q           AND FROM YOUR TESTIMONY, WE KNOW THAT DOCTOR MURRAY BOUGHT TWO SEPARATE TYPES OF PROPOFOL. STARTING FIRST WITH THE SMALLER VIALS, WHAT IS THE TOTAL NUMBER OF VIALS OF PROPOFOL THAT CONRAD MURRAY PLACED WITH YOU AND THAT YOU DELIVERED TO HIM BETWEEN THE MONTHS OF APRIL, MAY, AND JUNE OF 2009?

 

A           125 VIALS OF 20 MILLILITER.

 

Q           AND THE LARGER PROPOFOL BOTTLES, TOTAL NUMBER?

 

A           130 VIALS OF 10, HUNDRED MILLILITER?

 

MS. BRAZIL:   THANK YOU, MR. LOPEZ. I HAVE NO FURTHER QUESTIONS.

 

THE COURT:   MISS BRAZIL, THANK YOU.

 

CROSS-EXAMINATION, MR. LOW.

 

CROSS-EXAMINATION BY MR. LOW:

Q           MR. LOPEZ, IS IT FAIR TO SAY THAT AS A PHARMACIST, PART OF YOUR JOB IS TO PROVIDE PRESCRIPTION MEDICATIONS TO THE DOCTORS WHO NEED THEM?

 

A           YES.

 

Q           AND AS A RESULT OF FULFILLING THAT JOB, THERE’S A LOT OF RULES AND REGULATIONS AND EVEN LAWS THAT YOU ARE SUPPOSED TO BE AWARE OF?

 

A           YES.

 

Q           YOU GET TRAINED ON THOSE?

 

A           YES.

 

Q           THAT’S PART OF THE LICENSING THAT YOU HAVE TO GO THROUGH IN ORDER TO BECOME A PHARMACIST?

 

A           YES.

 

Q           NOT TO MENTION A LOT OF EDUCATION?

 

A           YES.

 

Q           AND AS A RESULT, FOR YOU TO BE A GOOD PHARMACIST, YOU FOLLOW THOSE RULES AND LAWS AS BEST YOU CAN?

 

A           YES.

 

Q           AND ONE OF THOSE RULES, IF YOU WILL, OR PROCEDURES THAT YOU WANT TO FOLLOW IS BEFORE FILLING OR FULFILLING A NEW PRESCRIPTION, YOU ARE GOING TO HAVE TO ASCERTAIN THE VALIDITY AND VERACITY OF THE LICENSING OF THE PERSON ORDERING THEM?

 

A           CORRECT.

 

Q           IN OTHER WORDS, SOMEBODY ON THE STREET WITH NO M.D. OR IS NOT A DOCTOR, THEY JUST CANNOT CALL YOU U AND SAY “GEE, MR. LOPEZ, I’D LIKE SOME MEDICINE; WILL YOU SEND IT TO ME?”   THEY CANNOT DO THAT?

 

A           THAT’S CORRECT.

 

Q           AND YOU ARE REQUIRED TO CHECK CREDENTIALS AND MAKE SURE, IN FACT, THE PERSON ORDERING FROM YOU HAS THEM?

 

A           YES.

 

Q           AND LIKE A GOOD PHARMACIST, YOU DID THAT IN THE CASE OF DOCTOR MURRAY?

 

A           YES.

 

Q           AND ALL THE CREDENTIALS THAT DOCTOR MURRAY PROVIDED TO YOU CHECKED OUT PROPERLY?

 

A           YES.

 

Q           AND SO BASED ON WHAT IS INCUMBENT UPON YOU, YOU DID YOUR JOB VERY WELL?

 

A           YES.

 

Q           OKAY.   NOW SIR, IS IT TRUE, THOUGH, THAT THERE ARE NOT RESTRICTIONS UPON YOU AS TO WHERE YOU CAN SEND THESE MEDICINES; IS THAT TRUE, SIR?

 

A           CAN YOU BE MORE SPECIFIC?

 

Q           YES, SIR. IN OTHER WORDS, WHEN YOU ARE PROVIDED AN ADDRESS AFTER A DOCTOR HAS CHECKED OUT THE PROPER CREDENTIALS AND ADDRESS TO SEND THOSE MEDICINES TO, YOU DO NOT HAVE THE SAME RIGOROUS STANDARDS AND LAWS AND PROTOCOLS THAT TELL YOU WHERE AND WHERE YOU CANNOT SEND THOSE MEDICINES; IS THAT TRUE, SIR?

 

A           I CAN SEND THEM WHERE HE DIRECTS ME TO SEND THEM.

 

Q           YES, SIR. AND YOU DON’T HAVE TO DO ANY CHECKING WHATSOEVER AS TO WHERE IT’S GOING; IS THAT CORRECT, SIR?

 

A           THAT’S A BROAD QUESTION.   THERE IS SOME DUE DILIGENCE.

 

Q           WHICH IS WHAT, SIR?

 

A           ESTABLISH THAT HE IS WHO HE IS.

 

Q           YES, SIR.AND YOU’VE ALREADY DONE THAT, CORRECT?

 

A           RIGHT.

 

Q           BUT AS FAR AS WHERE YOU ARE NOT GOING TO SHIP IT TO, YOU DON’T HAVE ANY ADDITIONAL DUE DILIGENCE, DO YOU, SIR?

 

A           I HAVE NO REASON TO THINK OTHERWISE AFTER I HAVE ESTABLISHED HE HAS A VIABLE CLINIC IN LAS VEGAS.

 

Q           WELL, THAT IS MY QUESTION, I GUESS. IS IT YOUR UNDERSTANDING, SIR, THAT THE ONLY PLACE THAT YOU CAN SHIP MEDICINES TO ARE CLINICS?

 

A           NO.

 

Q           SO AGAIN, YOU ARE NOT REQUIRED TO ASCERTAIN BEFORE YOU MAKE ANY SHIPMENTS WHERE THOSE MEDICINES GO TO, ARE YOU, SIR?

 

A           IF IT’S GOING TO A PATIENT, IT GOES TO THEIR HOUSE.   IF IT GOES TO WHERE A DOCTOR DIRECTS IT, IT’S EITHER GOING TO GO TO HIS CLINIC OR TO A PATIENT’S HOUSE.

 

Q           CERTAINLY.   NOW LET ME GIVE YOU AN EXAMPLE TO HELP YOU OUT A LITTLE BIT IF I CAN. IF DOCTOR MURRAY OR SOME OTHER DOCTOR SAID “I’D LIKE TO ORDER SOME PRESCRIPTION MEDICATIONS, BUT I WANT TO SHIP THEM TO SOMEBODY WHO SHOULD NOT HAVE THEM,” YOU CERTAINLY WOULD NOT DO THAT, WOULD YOU?

 

A           NO, I WOULDN’T.

 

Q           BUT ONE THING YOU DO, “DOC, IF I SEND IT TO THESE LOCATIONS, IS IT SOMEPLACE YOU ARE GOING TO SEE THEM AND YOU ARE GOING TO HAVE CONTROL OVER THEM?”   IS THAT CORRECT?

 

A           THAT’S CORRECT.

 

Q           AND IF THE DOC SAYS “YES, I CAN GET MAIL THERE, OR I CAN RECEIVE THEM THERE,” THAT IS GOOD ENOUGH, ISN’T IT?

 

A           YES.

 

Q           SO WHEN SENDING A DRUG LIKE PROPOFOL, YOU HAVE NO RESTRICTIONS OR, IF YOU WILL, NO REQUIREMENTS TO SEND THEM TO, SAY, A HOSPITAL ONLY, DO YOU, SIR?

 

A           NO.

 

Q           IN FACT, WHAT DOCTOR MURRAY OR ANY OTHER DOCTOR IS GOING TO DO WITH THAT PROPOFOL OR HOW THEY ARE GOING TO USE IT, THAT’S NOT EVEN UP TO YOU, IS IT, SIR?

 

A           IT’S NOT.

 

Q           YOU DON’T HAVE ANY DISCRETION THERE, DO YOU, SIR?

 

A           I JUST KNOW HE’S A LICENSED PHYSICIAN, AND HE HAS THE CAPACITY TO USE THE DRUG.

 

Q           YES, SIR. NOW ON AT ONE SUCH TIME THAT YOU DID DELIVER SOME OF THE MEDICATIONS WE HAVE BEEN SPEAKING ABOUT, THEY GOT DELIVERED, WELL, IN PERSON?

 

A           YES.

 

Q           BY ONE OF YOUR EMPLOYEES?

 

A           YES.

 

Q           AND USUALLY, THAT’S NOT A BAD IDEA WHEN STARTING A NEW RELATIONSHIP BECAUSE YOU GET A FEEL FOR THE PEOPLE YOU ARE DEALING WITH, CORRECT?

 

A           CORRECT.

 

Q           BECAUSE YOU WANT TO BE SAFE?

 

A           YES.

 

Q           BECAUSE YOU WANT TO WORK WITH ONLY DOCTORS WHO HAVE HIGH STANDARDS AND ARE GOING TO USE THE MEDICINES PROPERLY?

 

A           CORRECT.

 

Q           AND YOU DID THAT, DIDN’T YOU?

 

A           YES.

 

Q           AND THAT PERSON, A GENTLEMEN BY THE NAME OF JUKKA, CAME BACK TO YOU AND SAID THAT HE THOUGHT DOCTOR MURRAY WAS ONE OF THE NICEST PEOPLE HE HAD EVER MET?

 

A           YES.

 

Q           IN FACT, HE SAID EVERYBODY ELSE THAT HE DELIVERS TO TREATS HIM PRETTY BAD; BUT DOCTOR MURRAY TREATED HIM PRETTY NICE?

 

A           THAT’S CORRECT.

 

Q           AND HE THOUGHT THAT WAS REALLY UNUSUAL?

 

A           YES.

 

Q           NOW, SIR, IT’S VERY COMMON, IS IT NOT, THAT WHEN DOCTORS ARE ORDERING PRESCRIPTIONS FROM YOU, SIR, THAT THEY DO NOT INCLUDE THE PATIENT’S NAME?

 

A           YES.

 

Q           AND THE REASON WHY THIS IS IS THAT, AS YOU CAN IMAGINE, MANY PATIENTS WANT THEIR PRIVACY HONORED?

 

A           MORE SO FOR — IT DEPENDS WHAT THE DRUG IS. IF IT’S FOR PROCEDURAL USE, THE DOCTOR WON’T EVEN KNOW WHO THE PATIENT IS UNTIL THE PROCEDURE IS DONE.

 

Q           YES, SIR. SOMETIMES THEY, THE DOCTOR ORDERING THE PROVISIONS IS STOCKING UP BECAUSE THEY CAN USE THEM FOR A VARIETY OF DIFFERENT PATIENTS, CORRECT?

 

A           YES, CORRECT.

 

Q           AND IN THIS PARTICULAR CASE, DOCTOR MURRAY NEVER TOLD YOU HOW MANY PATIENTS HE HAD IN THE CALIFORNIA AREA, CORRECT?

 

A           CORRECT.

 

Q           BUT IN ADDITION TO THAT, IT’S ALSO IMPORTANT FOR THOSE WORKING IN THE HEALTH CARE INDUSTRY TO ALWAYS INSURE THAT THEY HONOR AND FOLLOW THE HIPAA REGULATIONS. YOU KNOW, THE ONES THAT SAY YOU HAVE TO KEEP THE PATIENT’S PRIVACY AT THE UTMOST SECRET; IS THAT CORRECT?

 

A           CORRECT.

 

Q           AND EVEN MORE THAN THAT, YOU CAN IMAGINE, I WOULD SUPPOSE, THAT A DOCTOR WHO HAD THE ENORMOUS RESPONSIBILITY OF GUARDING THE SECRETS OF A HIGH PROFILE ENTERTAINER’S PRIVATE MEDICAL CONCERNS MAY REQUIRE HIM TO EVEN BE MORE CONSIDERATE ABOUT THOSE PRIVACY ISSUES?

 

A           THAT’S CORRECT.

 

Q           BECAUSE THERE ARE THOSE OUT THERE WHO WOULD PAY OR DO A LOT OF ODD THINGS TO TRY AND GET THIS TYPE OF INFORMATION SO THAT THEY CAN WRITE THEIR STORIES AND STIR THE POT; IS THAT TRUE?

 

A           TRUE.

 

Q           SO YOU CAN IMAGINE THAT IF SOMEBODY IS GOING WANT TO MAKE SURE THAT THEY GUARD THAT PRIVACY OF THAT HIGH PROFILE ENTERTAINER, YOU ARE NOT GOING TO HAVE PRESCRIPTIONS SENT TO THAT PERSON’S HOUSE, ARE THEY?

 

A           NO.

 

MS. BRAZIL:   OBJECTION.   CALLS FOR SPECULATION.

 

THE COURT:   JUST A MOMENT. WHAT?

 

MS. BRAZIL:   CALLS FOR SPECULATION.

 

THE COURT:   SUSTAINED. THE LAST ANSWER IS STRICKEN.

 

BY MR. LOW:

Q           WELL, SIR, YOU CERTAINLY WOULD NOT WANT TO SEND PRESCRIPTIONS RIGHT TO THE HOUSE OF A HIGH PROFILE PERSON’S HOUSE, WOULD YOU, SIR?

 

MS. BRAZIL:   OBJECTION.   RELEVANCE.

 

THE COURT:   SUSTAINED.

 

BY MR. LOW:

Q           SIR, LET ME SEE IF I CAN ASK IT THIS WAY NOW. IF YOU WERE TO GO THROUGH AND USE FEDEX PEOPLE, FEDEX MOVERS, UPS DRIVERS, COURIERS AND HAVE THEM GO OUT TO THE HOUSE OF A HIGH PROFILE PERSON, CELEBRITY, WOULD YOU BE CONCERNED IF ANY ONE OF THOSE PEOPLE MIGHT, IF YOU WILL, BETRAY AND SELL THAT INFORMATION OF WHAT THEY JUST DELIVERED TO THAT HIGH PROFILE PERSON’S HOUSE?

 

MS. BRAZIL:   OBJECTION.   RELEVANCE.

 

THE COURT:   SUSTAINED.   IT WOULD CALL FOR SPECULATION, IMPROPER OPINION, AND IT’S IRRELEVANT ON THOSE BASES. THANK YOU.

 

MR. LOW:   YES.   THANK YOU.

 

THE COURT:   YOU ARE WELCOMED.

 

BY MR. LOW:

Q           SIR, DOCTOR MURRAY WAS NOT THE ONLY DOCTOR THAT YOU WERE SELLING PROPOFOL TO DURING THIS TIME PERIOD? ISN’T IT ALSO TRUE YOU WERE SELLING PROPOFOL TO A DOCTOR DAVID ADAMS?

 

A           THAT’S NOT TRUE.

 

Q           WAS THERE SOME OTHER DOCTOR BESIDES DOCTOR CONRAD MURRAY YOU WERE SELLING PROPOFOL TO?

 

A           NO.

 

Q           AND IN ADDITION, CAN I ASK YOU A LITTLE BIT, SIR, ABOUT WHAT YOUR UNDERSTANDING IS ABOUT THE VIALS AND THAT SOME OF THE PROPOFOL WERE CONTAINED IN?

 

A           SURE.

 

Q           SPECIFICALLY, THE LARGER ONES THAT HELD A HUNDRED MILLILITERS, HOW COULD YOU OPEN THOSE VIALS IF YOU WANTED TO; OR HOW COULD YOU TAKE THE SOLUTION OR CHEMICAL OUT OF THEM IF YOU WANTED TO?

 

A           YOU MEAN PHYSICALLY TAKE THE CHEMICAL, THE SOLUTION OUT OF THE VIAL?

 

Q           YES, SIR.

 

A           WITH A NEEDLE.

 

Q           ANY OTHER WAY, SIR?

 

A           I GUESS THERE IS A DEVICE TO POP THE TOP OFF?

 

A           YES, THERE IS, ISN’T THERE?

 

 

MR. LOW:   THAT IS ALL WE HAVE. THANK YOU, SIR.

 

THE COURT:   MR. LOW, THANK YOU.

 

REDIRECT, MISS BRAZIL?

 

MS. BRAZIL:   NOTHING. THANK YOU, YOUR HONOR.

 

THE COURT:   MAY MR. LOPEZ BE EXCUSED IN JUST A MINUTE AND LEAVE, MISS BRAZIL?

 

MS. BRAZIL:   YES.

 

THE COURT:   MR. LOW?

 

MR. LOW:   YES, SIR. THANK YOU.

 

THE COURT:   THANK YOU, MR. LOW. MR. LOPEZ, THANKS FOR YOUR TESTIMONY.   SIR, PLEASE DON’T DISCUSS YOUR TESTIMONY OR THE FACTS OF THE CASE WITH ANYONE OTHER THAN MEMBERS OF THE RESPECTIVE LEGAL TEAMS UNTIL WE HAVE FINISHED THE PRELIMINARY HEARING.

 

THE WITNESS:   OKAY.

 

THE COURT:   AND IN A FEW MOMENTS, YOU MAY STEP DOWN AND LEAVE.   YOU ARE EXCUSED.