SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DEPARTMENT 107 HON. MICHAEL E. PASTOR, JUDGE
THE PEOPLE OF THE STATE OF )
CALIFORNIA, )
)
PLAINTIFF, )
)
VS. ) NO. SA073164-01
)
CONRAD ROBERT MURRAY, )
)
DEFENDANT. )
)
___________________________________)
REPORTER’S TRANSCRIPT OF PROCEEDINGS
NOVEMBER 4, 2010
APPEARANCES:
FOR THE PEOPLE: STEVE COOLEY, DISTRICT ATTORNEY
BY: DAVID WALGREN, DEPUTY
210 WEST TEMPLE STREET
LOS ANGELES, CA 90012
FOR THE DEFENDANT: THE LAW FIRM OF JOSEPH H. LOW IV
BY: JOSEPH H. LOW IV, ESQ.
ONE WORLD TRADE CENTER, SUITE 2320
LONG BEACH, CA 90831
REPORTED BY: MAVIS THEODOROU, CSR #2812
OFFICIAL REPORTER
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1 CASE NO.: SA073164-01
2 CASE NAME: PEOPLE VS. CONRAD MURRAY
3 LOS ANGELES, CALIFORNIA THURSDAY, NOVEMBER 4, 2010
4 DEPARTMENT 107 HON. MICHAEL E. PASTOR, JUDGE
5 REPORTER: MAVIS THEODOROU, CSR #2812
6 TIME: 1:45 P.M.
7 APPEARANCES:
8 DEFENDANT CONRAD ROBERT MURRAY, NOT PRESENT,
9 REPRESENTED BY JOSEPH H. LOW IV, ESQ.;
10 PEOPLE REPRESENTED BY DAVID WALGREN, DEPUTY
11 DISTRICT ATTORNEY, FOR THE PEOPLE OF THE
12 STATE OF CALIFORNIA.
13
14 (AN IN CAMERA HEARING, PAGES 2-3, HAS
15 BEEN PREPARED UNDER SEPARATE COVER,
16 BY ORDER OF THE COURT; SAID TRANSCRIPT
17 HAS BEEN LODGED WITH THE CLERK IN A
18 SEALED ENVELOPE MARKED CONFIDENTIAL – MAY
19 NOT BE EXAMINED WITHOUT A COURT ORDER.)
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1 CASE NO.: SA073164-01
2 CASE NAME: PEOPLE VS. CONRAD MURRAY
3 LOS ANGELES, CALIFORNIA THURSDAY, NOVEMBER 4, 2010
4 DEPARTMENT 107 HON. MICHAEL E. PASTOR, JUDGE
5 REPORTER: MAVIS THEODOROU, CSR #2812
6 TIME: 12:15 P.M.
7 APPEARANCES:
8 DEFENDANT CONRAD ROBERY MURRAY, NOT
9 PRESENT; JOSEPH H. LOW IV, ESQ.,
10 REPRESENTING DEFENDANT (VIA SPEAKER
11 PHONE); PEOPLE REPRESENTED BY DAVID
12 WALGREN, DEPUTY DISTRICT ATTORNEY, FOR
13 THE PEOPLE OF THE STATE OF CALIFORNIA.
14
15 (FURTHER PROCEEDINGS WERE HELD IN
16 CAMERA AND WERE NOT ORDERED SEALED
17 BY THE COURT:)
18
19 THE COURT: SINCE MR. LOW WAS HERE, AND I THOUGHT
20 MR. WALGREN WOULD BE IN THE BUILDING, I THOUGHT THIS
21 WOULD BE A GOOD TIME TO GET A LITTLE UPDATE ON ANY
22 DISCOVERY ISSUES, SO I DON’T KNOW WHO WANTS TO SPEAK
23 FIRST.
24 MR. WALGREN: I COULD SPEAK IN REGARD TO THE
25 TESTING ISSUE THAT WAS BROUGHT UP THE LAST CHAMBERS
26 MEETING, YOUR HONOR.
27 IN THE INTERIM, MYSELF AND DEBRA BRAZIL MET
28 WITH THE TOXICOLOGIST FROM THE CORONER’S LAB. FIRST
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1 THING I WANT TO SAY IS THE TESTING, IF IT IS EVENTUALLY
2 DONE BY THE CORONER’S OFFICE, IS A LITTLE MORE
3 COMPLICATED AND INVOLVED THAN I THINK MR. FLANAGAN
4 UNDERSTOOD. THE CORONER’S OFFICE DOES HAVE SOME CONCERNS
5 ABOUT THE NATURE OF THIS TESTING.
6 MY UNDERSTANDING IS IT IS NOT SOMETHING THEY
7 NORMALLY DO, NOR DO THEY NECESSARILY HAVE A PARTICULAR
8 PROTOCOL FOR. WE DID MEET WITH THEM. THEY EXPRESSED
9 SOME OF THIS TO US.
10 I ADVISED THEM IT IS BETTER FOR EVERYONE —
11 COURT, DEFENSE AND PEOPLE — IF THEY WROTE THIS UP IN A
12 DOCUMENT SO WE COULD BE REAL CLEAR AND ON THE SAME PAGE
13 BEFORE WE TAKE THE NEXT STEP FORWARD. THE TWO
14 TOXICOLOGISTS, JAIME LINTEMOOT AND HER SUPERVISOR, DAN
15 ANDERSON, AGREED TO DO THAT. I KNOW THEY ARE WORKING ON
16 IT. THEY DON’T HAVE A FINAL DRAFT FOR ME TODAY.
17 I KNOW THEY GOT CALLED OUT, I BELIEVE, TO A
18 BODY DIG OUT IN SANTA CLARITA THAT WAS UNEXPECTED. BUT
19 IT IS MY UNDERSTANDING IT IS BASICALLY DONE, AND I SHOULD
20 HAVE IT TOMORROW; AT THE LATEST, MONDAY.
21 WHAT I EXPECT THAT TO FULLY LAY OUT IS THE
22 LIMITATIONS OF THE TESTING, THEIR CONCERNS ON THE
23 TESTING, THE RISKS THAT ALL PARTIES SHOULD KNOW REGARDING
24 THE TESTING, AND KIND OF THE PROTOCOL THEY WOULD FOLLOW
25 IF THEY WERE TO DO THE TESTING. SO I WAS WAITING FOR
26 THAT DOCUMENT. ONCE I RECEIVE THAT, I WAS GOING TO GIVE
27 A COPY TO THE DEFENSE AND THE COURT, THEN EXPECT THAT WE
28 COULD ALL MEET AND DISCUSS WHERE WE GO FROM THERE. THAT
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1 IS WHERE WE ARE AT.
2 THE COURT: MR. FLANAGAN EXPRESSED THE REAL
3 CONCERNS ABOUT TIMING, AND HE INDICATED THIS MATTER IS
4 DESERVING OF IMMEDIATE ATTENTION BECAUSE OF THE POTENTIAL
5 FOR DETERIORATION OF THE EVIDENCE, AS I UNDERSTOOD IT.
6 IT WAS AT THAT POINT THAT MR. WALGREN AND I BOTH
7 INDICATED WE NEED TO GET A HANDLE ON EXACTLY WHAT IS
8 INVOLVED.
9 SO YOU ARE INDICATING, MR. WALGREN, IT IS NOT
10 ALL THAT EASY TO DISCUSS?
11 MR. WALGREN: NO, AND THAT IS WHY I THOUGHT IT BEST
12 IT BE IN A WRITTEN DOCUMENT WE COULD ALL REVIEW AND HAVE
13 THE SAME INFORMATION TO EVALUATE HOW WE GO FORWARD FROM
14 HERE.
15 THE COURT: IS THIS THE FIRST YOU ARE HEARING ABOUT
16 THIS, MR. LOW?
17 MR. LOW: IT IS THE FIRST I’M HEARING OF THE
18 UPDATE. IT SOUNDS LIKE SOUND REASONING BY MR. WALGREN.
19 I DON’T THINK WE HAVE ANY ISSUES ON GETTING THAT DONE.
20 THE COURT: DO YOU FEEL PRETTY COMFORTABLE YOU WILL
21 HAVE IT BY MONDAY?
22 MR. WALGREN: YES. YES. I ESTIMATE TOMORROW.
23 THE COURT: IS THAT THE 8TH?
24 MR. LOW: THAT IS THE 8TH.
25 THE COURT: THE 8TH OF NOVEMBER 2010.
26 MR. WALGREN: I MAY HAVE IT TOMORROW. I JUST DON’T
27 KNOW BECAUSE, LIKE I SAID, THEY ARE NOT EVEN IN THE
28 OFFICE RIGHT NOW.
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1 THE COURT: WE PROCEED ON THAT BASIS AND, IN ALL
2 LIKELIHOOD, WE WILL HAVE TO HAVE A PHONE CONVERSATION
3 ABOUT IT.
4 WITH REGARD TO DISCOVERY, WAS THERE ANYTHING
5 ELSE THAT WAS ON THE TABLE?
6 MR. WALGREN: I DON’T KNOW. I MEAN, I HAVE SPOKEN
7 TO MR. CHERNOFF INFORMALLY A FEW ITEMS. I’VE BEEN IN
8 COMMUNICATION WITH HIM. I DON’T THINK THAT WAS ANYTHING
9 THAT WAS DISCUSSED BACK HERE.
10 MR. LOW: I’M UNAWARE OF ANYTHING NOW THAT REQUIRES
11 YOUR ATTENTION, SIR.
12 MR. WALGREN: MR. CHERNOFF E-MAILED ME AS RECENTLY
13 AS TODAY ON A COUPLE THINGS WE ARE DISCUSSING. I DON’T
14 THINK THERE IS ANYTHING ELSE THAT NEEDS TO BE DISCUSSED
15 AS FAR AS THAT.
16 THE COURT: SHOULD WE ACTUALLY SET A TELEPHONE
17 CONFERENCE TIME SOMETIME NEXT WEEK?
18 MR. WALGREN: YES, I THINK SO.
19 THE COURT: I WANT THE DEFENSE TO REVIEW THIS
20 DOCUMENTATION AND TALK TO THE PEOPLE ABOUT IT, BUT I
21 DON’T WANT TO LOSE TIME IF THERE IS SOMETHING THAT IS
22 COMPELLING.
23 MR. WALGREN: I’LL JUST SAY THE PEOPLE DON’T
24 CONCEDE ANYTHING IN REGARD TO MR. FLANAGAN’S STATED
25 CONCERNS ON TIMING.
26 PEOPLE’S POSITION IS THIS REQUEST COULD HAVE
27 BEEN MADE BY THE DEFENSE MUCH SOONER. SO HAVING SAID
28 THAT, I’LL JUST SAY THAT WE ARE TALKING. THERE IS GOING
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1 TO BE NO PROBLEM. THERE IS NO PROBLEM OF ANY DEGRADATION
2 IN THE MATTER OF SOME DAYS. I’VE SPOKEN DIRECTLY TO THE
3 CORONER’S OFFICE ABOUT IT, BUT PROPOFOL IS A UNIQUE
4 PROPERTY THAT DOES DEGRADE.
5 MR. LOW: BEING A FORMER CHEMIST, I USED TO BE A
6 CANCER RESEARCHER, I CAN AGREE WITH MR. WALGREN THAT WE
7 ARE TALKING DAYS HERE, NOT MONTHS. SO I THINK WE CAN
8 CERTAINLY WORK WITH MR. WALGREN BECAUSE YOU WANT TO GET
9 DOCUMENTATION THAT WILL PROVIDE FOR AN ACCURATE TEST SO
10 THAT IT DOESN’T BECOME A DIFFERENT ISSUE LATER.
11 I THINK TAKING THE TIME TO MAKE SURE WE ALL
12 UNDERSTAND WHAT THAT PROTOCOL WOULD ENTAIL AND WHO IS
13 BEST SUITED TO CONDUCT THAT PROTOCOL IS A GOOD IDEA. I
14 THINK WE SHOULD DO IT FROM THE DEFENSE END AS WELL SO WE
15 ALL HAVE TO COME TO AGREEMENT ON IT. AND I THINK TAKING
16 TIME TO REFLECT UPON THAT IS IMPORTANT. SO I THINK THAT
17 I CAN AGREE WITH MR. WALGREN. WE CAN GET THAT DONE IN A
18 NUMBER OF DAYS.
19 THE COURT: I HAVE NO PROBLEM WITH THIS, ESPECIALLY
20 SINCE THE PARTIES HAVE INDICATED THAT THE TESTING ISSUE,
21 WHILE IT IS EXTREMELY IMPORTANT, IS NOT RELEVANT TO ANY
22 PRELIMINARY HEARING, FROM WHAT I GATHER FROM WHAT I
23 HEARD.
24 MR. WALGREN: NO, NOR DO THE PEOPLE NECESSARILY
25 CONCEDE IT IS RELEVANT TO ANYTHING OR IMPORTANT.
26 THE COURT: I UNDERSTAND THAT POSITION. I’M JUST
27 WONDERING, NEVERTHELESS, IF I SHOULD SET A DATE AND TIME
28 WHEN WE SPEAK OVER THE PHONE TO GET AN UPDATE.
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1 MR. LOW: I THINK THAT IS A GOOD IDEA SINCE I’D
2 LIKE TO SAY THAT WE HAVE A DATE IN THE CASE TO HAVE A
3 CONVERSATION.
4 THE COURT: WE CAN EITHER DO IT BEFORE THIS COMING
5 WEDNESDAY, WHICH IS THE 10TH, OR AFTER THE 15TH OF
6 NOVEMBER. SO EITHER THE BEGINNING OR MIDDLE OF NEXT
7 WEEK, AND I REALIZE YOU MAY HAVE PERSONAL AND
8 PROFESSIONAL RESPONSIBILITIES, OR THE BEGINNING OR MIDDLE
9 OF THE WEEK THEREAFTER. WE HAVE THE VETERAN’S DAY
10 HOLIDAY ON THE 11TH, WHICH IS THURSDAY, AND I’LL BE OFF
11 THURSDAY, FRIDAY, AND MONDAY.
12 SO MY FEELING IS WE SHOULD HAVE A STATUS
13 REPORT AS QUICKLY AS REASONABLY POSSIBLE.
14 MR. LOW: WOULD THIS BE ALL RIGHT. WHAT IF WE
15 TENTATIVELY MAKE IT FOR WEDNESDAY.
16 MR. WALGREN: WEDNESDAY, THE —
17 MR. LOW: SHOULD BE THE 10TH.
18 MR. WALGREN: OKAY.
19 MR. LOW: THAT WOULD GIVE MY TEAM, IF I COULD SAY
20 THAT, AND MR. WALGREN AND HIS TEAM A CHANCE IF WE CAN’T
21 GET IT WORKED OUT DOCUMENT-WISE, THEN MAYBE WE DON’T HAVE
22 TO SPEND THE COURT’S TIME. I’LL TRY TO KEEP YOU FROM
23 DOING A LOT OF DISCOVERY REFEREE STUFF. IF WE CAN’T FIX
24 IT UP, THE LAWYERS ON MY SIDE HAVE A DATE WHERE THEY CAN
25 TALK TO YOU IF THEY NEED TO.
26 THE COURT: I DON’T HAVE A PROBLEM. I JUST
27 REMEMBERED THAT WEDNESDAY AFTERNOON, I HAVE A SEMINAR ALL
28 AFTERNOON. I COULD BE AVAILABLE AT NOON. I HAVE A
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1 JUDGES’ MEETING AT NOON, AND I CAN CERTAINLY WORK AROUND
2 THAT IF YOU WANTED TO CALL IN AND WE COULD HAVE A
3 CONFERENCE CALL AT 12:00 NOON ON WEDNESDAY, IF YOU WANT,
4 OR EARLIER IN THE DAY.
5 MR. LOW: EARLIER IS GOOD. TUESDAY EVENING IS
6 GOOD.
7 MR. WALGREN: I CAN DO WHATEVER WORKS FOR EVERYONE.
8 I MAY NOT BE IN THE BUILDING, BUT I COULD CERTAINLY CALL
9 IN. SO WHATEVER DAY WORKS WITH THE UNDERSTANDING THAT
10 I’LL PROBABLY HAVE TO TELEPHONE IT IN IF IT IS NEXT WEEK.
11 THE COURT: YOU TELL ME IF YOU THINK IT IS BETTER
12 TO CALENDAR THIS FOR TUESDAY OR WEDNESDAY OF NEXT WEEK OR
13 THE FOLLOWING TUESDAY.
14 MR. WALGREN: LET ME ASK MR. LOW. DO YOU WANT TO
15 BE IN RECEIPT OF THE DOCUMENT FOR A FEW DAYS BEFORE YOU
16 MEET, OR DO YOU WANT TO MEET AS SOON AS POSSIBLE WITH THE
17 UNDERSTANDING YOU MAY HAVE ONLY HAD THE DOCUMENT FOR A
18 FEW MINUTES EVEN?
19 MR. LOW: I PREFER TO HAVE IT FOR A FEW DAYS. I
20 LIKE TO BE PREPARED, ESPECIALLY ON SCIENTIFIC ISSUES. I
21 THINK MY TEAM SHOULD BE AS WELL. IT MIGHT GO FASTER THAT
22 WAY, IF YOU KNOW WHAT I MEAN.
23 THE COURT: THE PEOPLE MAY NOT BE GETTING IT UNTIL
24 MONDAY AND THIS IS ALWAYS A POTENTIAL OF A LITTLE BIT OF
25 A PROBLEM.
26 MR. LOW: LET’S WAIT THEN. THAT IS FINE.
27 THE COURT: DO YOU WANT TO WAIT UNTIL THE FOLLOWING
28 TUESDAY?
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1 MR. WALGREN: YES. I COULD DO THE FOLLOWING MONDAY
2 OR TUESDAY.
3 THE COURT: I WON’T BE HERE THAT MONDAY, THE 15TH.
4 THIS IS IMPORTANT, AND I WANT EVERYBODY TO BE UP TO SPEED
5 BUT I ALSO WANT TO GET IT MOVING.
6 MR. WALGREN: THE FOLLOWING TUESDAY IS FINE, IF
7 THAT IS FINE WITH THE DEFENSE.
8 MR. LOW: WE WILL AGREE TO THAT.
9 THE COURT: THE 16TH. HOW ABOUT AT NOON, WE HAVE A
10 CONFERENCE CALL?
11 MR. LOW: YES, SIR.
12 THE COURT: I DON’T KNOW WHO CAN SET IT UP.
13 MR. LOW: WE HAVE PHONE EQUIPMENT TO DO THAT. I’M
14 SURE YOU DO AS WELL. WE DO HAVE IT IF YOU NEED US TO DO
15 THAT. WHAT WE WILL DO IS CALL MR. WALGREN, GET HIM ON
16 THE LINE, ON A SECURE LINE, AND CALL YOUR OFFICE OR CALL
17 YOUR CHAMBERS.
18 THE COURT: WE WILL HAVE IT REPORTED. I WANT
19 EVERYBODY TO KNOW THAT UP FRONT THAT WE ARE NOT
20 EAVESDROPPING, AND I’LL INDICATE THAT AT THE TIME BECAUSE
21 I WANT THIS ON THE RECORD. IT IS, OBVIOUSLY, IMPORTANT.
22 MR. LOW: DO YOU HAVE A SPEAKER PHONE HERE?
23 THE COURT: YES.
24 MR. LOW: GREAT.
25 THE COURT: WOULD YOU ANTICIPATE MR. FLANAGAN AND
26 MR. CHERNOFF ALSO WILL BE ON THE PHONE?
27 MR. LOW: I SHOULD SAY YES, BUT PROBABLY NOT.
28 THE COURT: OKAY. THEN CAN YOU MAKE ANY
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1 REPRESENTATION ABOUT THEIR —
2 MR. LOW: I’LL BE PREPARED. WHOEVER IS ON THE
3 PHONE WILL BE PREPARED TO ANSWER AND HAVE A DECISION. IT
4 WON’T BE SOME FOOL LIKE ME WHO SAYS, “I DON’T KNOW.” LET
5 ME ASK SOMEBODY.
6 THE COURT: I HOPE BETWEEN NOW AND THEN THE
7 DEFENSE AND THE PROSECUTION TEAM WILL BE IN CONTACT SO WE
8 DON’T HAVE ANY SURPRISES.
9 MR. WALGREN: CERTAINLY, YES. THEY WILL HAVE THE
10 DOCUMENT WELL AHEAD OF THAT DATE. THEN WHETHER WE HAVE
11 AN AGREEMENT ON ANYTHING IS ANOTHER QUESTION. THEY WILL
12 CERTAINLY HAVE THE DOCUMENT, HOPEFULLY BY MONDAY.
13 THE COURT: AND, HOPEFULLY, HAVE TALKED ABOUT IT SO
14 WE DON’T HAVE A LINGERING DISCUSSION.
15
16 (FURTHER PROCEEDINGS WERE HELD
17 IN CHAMBERS, OUTSIDE THE PRESENCE
18 OF DEFENDANT.)
19
20 (THE IN CAMERA HEARING, PAGES 13-41,
21 HAS BEEN PREPARED UNDER SEPARATE COVER,
22 BY ORDER OF THE COURT; SAID TRANSCRIPT
23 HAS BEEN LODGED WITH THE CLERK IN A
24 SEALED ENVELOPE MARKED CONFIDENTIAL – MAY
25 NOT BE EXAMINED WITHOUT A COURT ORDER.)
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