P V CM Jan 5th 2011






MJ Prelim Hearing Day 2-


Parties present: Defendant- Conrad Murray (CM), all three defense counsel: Chernoff, Flannagan, Lowe, (an additional attorney later identified as Michael Payne???, couldn’t really hear him say his name)


Both Prosecutors: Walgren and Brazil


Family Present: Katherine Jackson, Joseph Jackson, Randy Jackson, Rebbie Jackson, LaToya Jackson, Janet Jackson; Other extended family members, Family Friend: Majestik Magnificent.



All counsel announce ready to proceed with Prelim today.


People’s witness, Alberto Alvarez (AA), is placed under oath and testifies-


People begin with their direct examination of Alberto Alvarez


· Alberto Alvarez employed by MJ as Director of Logistics since about 2004/2005- job entails doing Advances and route surveys: going to venues in advance to ensure safety,clearance, and to ensure that all is ready/prepared before MJ arrives.


· AA first met CM around Jan 2009 at MJ home, but can’t recall exact date


· Regularly saw CM from months of April thru June 2009 about five to six times per week, starting in afternoons, including overnights


· Yes, AA did do ADVANCE on June 24th 2009 for Staples Center arrival of MJ, performing walk-through of the venue to ensure who was present, to ensure no paparazzi, to ensure that whatever MJ requested was in his dressing room


· Yes, AA greeted MJ upon his arrival at Staples Center, transporting him using golf cart to dressing room, AA said he did this himself


· AA was assigned to backstage area during June 24th rehearsals, says not much interaction with MJ during rehearsals


· Described MJ’s demeanor on this date as happy; having a cheerful mood; MJ still in good spirits per AA at conclusion of rehearsals


· At conclusion of rehearsals, departure to Carolwood home before MJ and did arrive before MJ, left Staples Center after Midnight


· Yes, upon arrival at Carolwood, AA did see CM’s car already parked in driveway- as AA identifies using People’s exhibit #4 (marked for identification on 01/04/11)


· AA was parking the vehicle he was in when MJ arrived home, opening front door. Yes, AA part of group who helped take in MJ’s items into the home, said goodnight to MJ, security then did debriefing and AA left to go home


· AA returned to Carolwood later on June 25th between 10:15am and 10:20am and did check-in at security office (trailer), per normal/standard procedure


· At approx 12:17pm, AA received telephone call from Michael Amir Williams (MAW), and AA recited his phone number at that time as (909) 273-4846 per the DA asking


· No, AA did not speak to MAW on the first call, it was a missed call- went to voicemail. AA re-dialed MAW 2x before reaching MAW


· AA said that MAW asked him if he was still on the property (Carolwood), told AA to go to the front of the house, but to not do it abruptly, to walk, not run- at this point the DA shows people’s exhibit 1(aerial view of Carolwood home, marked for identification on 01/04/11) so that AA can point out front of house where he entered


· While AA walking to the front door, AA remains on the phone with MAW, then MAW told AA to jog and AA did so. AA said door was initially locked- said he looked through the glass of the front door and saw Paris , the Nanny (Rosalyn M.), Kai Chase (chef), AND as AA looked upwards, he also saw CM in upstairs area beyond wood railing of landing area, CM leaning over, looking downstairs- at this point, people’s exhibit 6 (view of home from inside front entrance, with view of where CM could be seen- marked for identification on 01/04/11) is displayed


· AA said Nanny saw him and she opened the front door and he said he told MAW he was inside and MAW told him to run up the stairs, which AA did


· At top of stairs, AA saw CM (people’s exhibit 9- a diagram of upstairs area)- is shown at this point- marked for identification on 01/04/11- so AA came upstairs, CM was in hallway walking into the bedroom towards entry doors labeled foyer on people’s exhibit 9


· AA walked into same room as soon as CM called him in, CM entered first


· While coming up stairs, YES, AA said he saw Prince going downstairs from the second floor


· Yes, CM did say something when AA saw CM: Come, come quick. was what CM said to AA, and yes, AA was still on the phone with MAW and at this point AA said he hung up the phone with MAW


· Upon entry into bedroom, AA said he saw CM on right side of bed, CM was already giving chest compressions to MJ


· Yes, AA saw MJ, MJ was on the bed with feet towards direction of the balcony, per label on people’s exhibit 9


· Per DA asking what AA’s observations were: AA said that MJ was flat on his back, hands to side, face slightly to the left towards foyer, eyes open, mouth open


· AA said CM giving chest compression with one hand on the bed


· DA asked if MJ’s kids enter at some point: yes, right after AA came in and observed CM doing chest compressions, AA said that CM said to AA: We need to get him to the hospital.. Then Paris entered and screamed daddy, and started crying according to AA, and AA says that CM told him to get them (the children) out, don’t let them see their father like this. and AA said he escorted them out, said he told the children we’ll take care of this.


· When AA returned into bedroom, yes, he said he asked CM what happened


· Yes, AA did notice tubing near MJ’s groin area this is how DA said it but AA said he saw MJ’s penis out with an apparatus . attached. DA asked AA if he knew what a .catheter is and AA said if he was shown.


· Yes, AA saw I.V.


· Per AA asking CM what happened, CM said that MJ had a bad reaction, AA said he was frozen and looked around the room at this point


· AA says CM grabbed a handful of bottles and told AA to put the bottles into a bag. AA saw a plastic bag on chair, he grabbed bag and took it to CM and had CM put the bottles inside the bag


· Per AA, CM grabbed the bottles from the nightstand, using one hand, stretched them out to AA, now CM was kneeling at that point


· AA describes the bag as clear, see thru, like a grocery type bag, per DA asking AA to describe bag


· AA at the foot of the bed per DA asking him where he was


· AA held open the bag, CM placed the bottles in the bag and AA said yes, I know they were bottles because I saw them, per DA asking if he knew they were bottles.


· CM then pointed in a different direction and told A to put them (bottles in clear plastic bag) inside a brown bag, to the left of the chair facing the bed. AA dropped the clear plastic bag inside the brown bag, which he said looked like a re-usable canvas, lunch type bag; with a blue bag next to it


· DA asked what was done next: CM instructed AA to remove the IV bag from IV stand


· AA says NO, 911 had not been called yet, per DA asking him if 911 had been called yet… PLUS NO, CM had not told/asked AA to call 911 yet


· AA said CM pointed to IV stand, and said remove that bag and place it in the blue bag. Yes, AA said he did this


· DA asked AA if he noticed anything about the IV bag: yes, because it was at his eye level, this is what AA said. Yes, inside there was a bottle inside the bag, this is answer per DA asking if something was inside bag and AA said that at the bottom of IV bag was a milk-like substance, it looked like milk


· DA asked if there was still another IV bag hanging from the IV stand after removal of the first one: yes per AA and NO, CM did not tell him to remove that second bag


· THEN after all this is when CM told AA to call 911, after putting away bottles and IV bag.


· People’s exhibit 14(the audio CD of the 911 call from 06/25/09) is marked for identification


· People’s exhibit 15(the transcript for above-referenced 911 audio CD) is marked for identification


· All Counsel (attorneys) orally stipulate that the court reporter does not need to record the contents of the 911 audio CD as it is played in open court at this point


· Copy of the transcript is placed on Elmo overhead for all to see and defense counsel chernoff asks for what purpose, a kind of objection, and court allows it


· After playing of 911 audio CD, the DA resumes direct examination of AA


· Yes, per AA that was his own voice on the 911 audio CD (people’s exhibit 14)


· NO, per AA, he says he does not know what happened to those bags with the bottles and IV


· AA can’t recall if CM’s one-handed chest compressions continued after the 911 call was made


· Yes, AA told police that it was one-handed compressions


· After the 911 response staff told AA to get MJ onto the floor, AA was going to grab MJ by the legs but hesitated because he saw the IV in MJ’s leg; but AA said that CM grabbed MJ by upper body and that AA did grab MJ by the legs to move him; AA said that CM placed an apparatus on MJ’s finger


· DA asked AA if he knew what a pulse oxymeter is, at this point AA described what the apparatus was that was placed on MJ’s finger


· Yes, per DA question, AA said he had seen this same apparatus a few days before when CM had come to security trailer to ask for batteries- AA said that CM had the oxymeter with him- Isaac Mohammad was also in the trailer at this time- the oxymeter was what was on MJ’s bed. and AA described it.


After placing MJ on the floor, yes, AA did notice Faheem enter


· Yes, per DA question, AA did exchange words with Faheem: AA said that he said to Faheem, this is not looking good. **At this point is when AA said that CM asked does anyone know CPR, and AA said that he and Faheem looked at each other as if to say you do it.



· AA walked over to CM, CM told AA to start CPR so AA started CPR with two hands and said CM did mouth-to mouth resuscitation- *** AA said that CM said that THIS IS THE FIRST TIME HE HAS DONE MOUTH-TO-MOUTH but that he has to do it because MJ is his friend- this was AA ‘s answer to DA question if CM said or did anything when AA went to help with CPR per CM’s request


· Per AA eventually paramedics arrived to begin care of MJ


· Yes, AA was present when MJ was moved by paramedics towards foot of the bed area. (later this is different according to paramedic.)


· AA said he was in and out of the bedroom- he went downstairs to let MAQ in and then to check on children


· DA asks if there was any indication that MJ was alive? Defense attorney objects and said this is for expert to be asked, sustained by the Court so DA re-phrased question and asked if MJ was breathing: No, per AA


· Yes, per AA MJ’s eyes were open, mouth was open, body limp when they had picked up MJ


· DA asked did MJ seem to be alive or dead? AA said dead sir


· AA said he was coming back up the stairs as the paramedics were taking MJ down on a stretcher type device


· AA was watching over the children at this point to ensure that they didn’t see MJ taken out by paramedics-


· Yes, AA followed ambulance in one of the vehicles


· Yes, AA remained at UCLA hospital

Yes, AA was at hospital when he became aware that MJ had been pronounced dead


· DA asks if at some point did CM approach him (AA)- yes, CM did, to say thank you for all you did, we tried our best and also to ask if AA could take him home.


· AA felt that they did not have authority to do so and MAW was nearby and CM had approached MAW too.


· No, AA said he never saw CM again after hospital


· AA said they left hospital after clearing issues of what the family was going to do- said he left with MAW, Derrick Cleveland, and Faheem- (they went to Carolwood)


· AA said he only remained at Carolwood for a short time because he was instructed to take the children’s dog (Labrador ) to Hayvenhurst home, which he did- said there was no leash for the dog so he used his belt


· Court places proceedings on a break at about 10:35am


· Resumes at 10:50am


· **Defense Attorney Chernoff begins CROSS-EXAMINATION


· Starts by asking AA if it was a shift that he was on on 06/24/09


· When did you place MJ on the floor: AA said while on the 911 call; you said MJ was limp? Yes, per AA. AA said he had grabbed MJ by the ankles/calf area per Defense atty asking AA where AA picked up MJ, now AA said that prior to moving MJ to the floor, CM removed the IV from MJ


· Defense atty now reviews AA’s previous testimony under DA’s direct examination regarding what was happening while he was on the phone with MAW on that 06/25/09 morning, and testimony from when he left security trailer to go into the home.


Defense atty reviews AA’s testimony under DA’s direct examination regarding bottles, bags, IV




· Per Defense atty asking, yes, AA says day was sunny and that MJ’s room was dimly lit, yes, less bright than this courtroom


· No, AA can’t recall where CM’s other hand was (when he arrived in the room and saw CM doing chest compressions)


· Defense questions AA regarding how and when his anxiety level started to rise as day progressed, starting with confirming that day started out calm and non-eventful, before MAW’s call- AA concurs that yes, his anxiety, concerns and worry increased from time of MAW’s call to approaching the front door of home and beyond, throughout the morning


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Yes, kc saw nanny in den where Prince was, yes, kc saw Faheem outside in the courtyard area that day. she mentioned seeing other staff.


· Asked kc if she has a time estimate from the time she saw CM to time of arrival of paramedics: no.


· How much time from btwn time she got instructions from CM to actually getting Prince and she said 2 minutes, but earlier I believe she had said 2 seconds.




· Reviewed kc’s testimony of time prep for breakfast for Mj and timeframe of when she saw CM on the stairs when he called to her.


· Defense atty Lowe- RE- CROSS-EXAM:


· Asked what made them (kc, kids, housekeepers) start crying: she makes a comment about seeing a gurney at some point, that there was a bad energy in the home environment, not typical of this home, that you could sense something wrong- (she had not mentioned seeing the gurney before)


· Kc is given standard witness admonishment to not discuss case with others outside attys and is excused.


I need to finish here with the paramedic’s testimony- it starts here. I will finish that in the morning. J



Firefighter/Paramedic (I will refer to paramedics as Para) Richard Seneff (RS) is placed under oath and testifies




· 25 years as firefighter and since 1982 as a paramedic (26 years), describes job description


· Was employed at the Bel Air Fire Station 71 on the day of MJ’s death, on the corners of Beverly Glen/Sunset Blvd


· Yes, RS was part of response team to MJ’s home for 911 call


· People’s exhibit 18(teletype received for firefighters/paramedics to respond- gives general info re: location, date, time, demographics about patient (age, gender, nature of emergency/condition)- teletype indicates 12:21pm received call, 12:22pm they are dispatched, arrived at Carolwood at 12:26pm


· Security people in dark suits escorted paramedics team inside home


· Paramedics team accompanying Seneff: Mark Goodwin, Martin Blunt, Brent Heron, Jeff Miller, Gary Burgandy, Bob Lamell (spelling is by phonetics only, Seneff did NOT spell these names out)


· Seneff was the first para to enter the home, to go upstairs


· The people display people’s exhibit 11 (bedroom photo- previously already marked for identification)


· RS saw CM when he walked into the bedroom standing by nightstand side of bed, reaching over the patient


· RS describes MJ as thin, pale patient, wearing pajamas with a night cap on


· RS says he saw CM attempting to move patient to the floor with NO one assisting. But RS eventually says that he doesn’t recall if the security present was actually helping to move MJ


· Yes, CM did intro himself as the patients doctor ( but the word cardiologist was not mentioned per RS)


· Did you observe medical equipment, heart monitor- RS only observed IV stand


· Yes, RS was trying to find out from CM what was going on, yes he started asking CM


· Yes, RS asked CM what was MJ’s underlying condition, 2x, but the first time CM did not answer at all and then upon RS second inquiry, CM said that there isn’t any (underlying condition)


· Yes RS DID pursue this line of questioning, as the DA asks him if he does because RS says it’s unusual for there to be a personal doctor with an IV stand plus MJ looked under weight, pale- RS thought MJ was a hospice patient


· RS asked again if there was an underlying condition and finally CM said dehydration


· RS asked CM if MJ was taking medication and CM said no, none


· But RS repeated question because RS said it didn’t add up- and eventually CM said yes, lorazapam (not clear on spelling because I don’t know..) and RS asked CM if that’s it? and CM said yes that’s it.


· Did CM ever tell you that he gave propofol to MJ, no never.


· Did you ask CM how long MJ was down like this? and CM answered it just happened this question was repeated and the same answer was given by CM


· RS indicates that para Heron helped with lifting MJ and indicated that MJ was cool to the touch


· MJ’s eyes were dry, no moisture left


· MJ was flatlined (asystoli), with very little EKG (electrical) heart activity with occasional blips, or PEA (pulses electrical activity- this is like your body’s own pacemaker trying to get things in the body going again)


· Is asystoli something that is congruent with just happened? no, per RS


· RS indicates that MJ’s hands and feet were blue, with no respiration; red blood cells not red anymore- all indications that TIME HAD ELAPSED, no oxygen flow.


· MJ’s pupils were dialated- no oxygen to that area


· In your opinion was the patient deceased? RS states- Yes, based on all the number of factors just described


· RS is asked to describe what life-saving efforts/activities were performed by himself and accompanying paramedic staff:


· Paramedic Blunt was securing airway, doing intubation


· Paramedic Heron doing chest compressions


· RS working on IV


· (there was another para working on hooking up elec monitoring equip of some sort but I missed the name and description)


· All of the above is occurring at the foot of the bed


· Were MJ’s pupils Blown, fully dialated? Yes, that’s what it was with MJ’s eyes


· Based on your (RS’s) 27 years of experience, how long has the patient been down? There are lots of variables RS mentions, but his gut feeling is that this did not just happen, some time had elapsed, with at least 20 minutes having gone by, not hours


· Yes, there was IV hooked up to left calf/leg area- it appeared to be a standard saline bag


· Epinephrine was administered to attempt to kick-start the heart


· Atropine was administered- a description of this takes the brakes off the heart to accelerate it but it uses a different route than the epinephrine.


· Yes, RS says compressions and provision of air via intubation continued


· RS mentions capnography: means to read the carbon dioxide (exhaled air/breath)- yes, this was utilized to determine how effective oxygen is being provided to the patient (MJ)


· Yes, the intubation performed very quickly, this is an answer per a question of the DA


· What was the capnography reading, but RS could not recall what it was without being able to reference his 902m- a medical services report that is created for each patient that they interact with (RS wrote this report)


· RS refreshed his memory by reviewing his 902m report and answered that MJ’s initial capnography number was ***16*** and RS indicated that the NORMAL RANGE numbers are 35 or 38 or 40


· — ——–stopped here for RS testimony and sent this portion to Bret.


· RS indicated that, at times, it increased to 26, meaning the ET tube (for intubation) was in the right place for getting good airway flow


· Court takes a break on 02:47pm


· Court resumes at 02:59pm


· RS acknowledges that he remains under oath


· Re: capnography- yes, it reached 26, to indicate good intubation of patient


· IV already in place was used for the atropine


· RS then described how that above-referenced IV, which was already on MJ- how it was modified to suit the paramedic’s needs (the current one was a needle system) and the paramedics use a needle-less system so they had to remove the saline lock, hub system. to use the current IV


· RS had to review his report to answer how many rounds of epinephrine and atropine: 2 rounds by that point


· No, the EKG did not change after the above-referenced rounds


· Yes, leg IV was compromised because the medical/starter kit was open, the defendant took out some meds, used IV port and injected some meds and he ended up pulling out the IV!!!!


· So RS had to start another IV as a result of CM compromising the IV


· Paramedic Mark Goodwin was trying to get IV in both of MJ’s arms too by inserting needle multiple times, multiple locations, puncturing.


· No, Mark Goodwin was not able to get a good IV in either arm


· Yes, at some point, RS got an IV in the left jugular


· Then additional rounds of atropine and epinephrine began and this is better (left jugular) because it’s a larger vein and a more direct route to the heart



· No, no results from the above-referenced rounds


· Did you ever feel a pulse? No. did any of the team indicate ever feeling a pulse? No


· Only CM claimed to feel a pulse, BUT RS is not sure WHERE CM said this, but later in testimony (about 1 minute) RS said CM said it was a femoral pulse but RS checked this and said felt nothing


· Yes, RS was in contact with UCLA Base Station at the hospital because paramedics are not doctors


· Yes, RS is relaying to UCLA all life-saving efforts/attempts made


· At 12:57pm, UCLA advised that all future attempts to review MJ would be futile, RS was asked this and RS said that he is not sure of the exact time but yes, 12:57pm is approximate time- (this is while MJ and paramedics are still in the home)


· After the above statement was made to RS, RS said we have a very high profile, VIP, and that they would be more comfortable at the hospital. Yes, RS did mention to UCLA that CM was present, and UCLA said to call it, and that CM said that he is not comfortable with calling it so CM insisted on going to the hospital, and UCLA asked if CM was willing to assume full care/responsibility of call, then at this point RS gave the phone to CM, CM assumed the call, and gave the phone back to RS, and then more atropine/epinephrine rounds started and CM had to accompany MJ in the ambulance since he had assumed full care/responsibility


· Yes, RS helped with getting MJ out of the house, RS described this activity, used a flat to get MJ downstairs, then placed MJ on a gurney that was already downstairs


· RS went back upstairs to retrieve any of their equipment


· Yes, RS saw CM in the room (upon returning upstairs), CM in the room by a nightstand holding bag, picking things up, but RS not sure what CM was picking up


· Upon your return upstairs, did you see any medical equipment, ventilator, other than paramedic equipment? RS indicates only seeing IV stand and oxygen tank


· Yes, RS accompanies MJ in the back of ambulance. RS is in back of ambulance with Michael’s head between his knees to ensure control/securing of intubation apparatus in MJ


· Paramedics Goodwin, Blunt, and CM are also in the same ambulance


· it was unbelievable to say the least, was RS’s answer to DA’s question about others following the ambulance, lots of people, vehicles.. it was just insane


· The DA is allowed to substitute the original people’s exhibit 18 with one that has no watermarks and this is allowed with no objections from the defense. The new one has RS’s written notes on it, including notation of the 12:57pm time that UCLA said call it


· RS’s written notes are on the new people’s exhibit 18, reflecting what CM had informed him about which meds (lorazapam), what underlying condition dehydration. (this is information from earlier testimony)


· Per handwritten notes, on the scene at 12:25pm, (these notes place on Elmo)


· 13:07 left for the hospital


· 13:13 arrival at UCLA


· No, MJ never changed from flatline, aystoli status. No pulse ever, no response to any reviving attempts while transporting


· Upon arrival, CM asked to cover MJ’s face with a towel


· Yes, RS told UCLA doctor of their (the paramedics’) efforts


· Did you see CM speaking on cell phone while in route in ambulance: yes, but RS didn’t know who it was


· RS described CM as spinning, nervous, moving around, hyperkinetic, multi-tasking at high rate of speed


No, CM still had never advised them of giving MJ propofol




· Attorney lowe starts to go on and on and on about the experiences that paramedics have to endure, going into what horrible things are encountered out there!! dead people, injuries, etc.,


· Yes, RS did ask if there was an advanced life directive (like a do not resuscitate clause)


· No, security did not give him a name upon paramedics arrival at MJ’s home, but describes an African-american man who said to RS (upon seeing RS) that somebody should do CPR as RS got out of the truck and then RS said to the security person who’d just said this: someone should start.


· Defense atty reviews what RS saw upon arrival in MJ’s bedroom


· No, RS did not see CM doing CPR, it was CM taking MJ by the shoulders to move him to the floor- (yes, MJ did make it to the floor and then a paramedic staff goes to help- I am noting this because so much testimony has not always been clear as to whether MJ was moved to the floor before the arrival of the paramedics or at the point of their arrival or if ever.)


· Defense atty reviews where RS saw the IV stand, which is said to have been about 1 foot away


· (RS notes that at the time all of this is happening, he did not know this was Michael Jackson, this was in response to Defense atty asking him if he knew.)


· Reviews what RS saw on MJ, how MJ looked- this is from previous testimony, he repeated it exactly the same


· RS repeated the opinion that MJ appeared to be a Hospice patient


· Defense atty quoted the date of July 1, 2009 regarding statement RS made that MJ was extremely ill-looking- the language RS used about MJ was more severe- that MJ looked terminally ill, like a cancer patient almost to the end (of his/her life)


· Defense atty asked if RS could recognize MJ, no. defense atty asked: before 06/25/0, had you ever seen a picture of MJ: yes. Did this person look like MJ? The people object, relevance: sustained, so RS did not answer


· Did CM tell RS he wanted MJ intubated when MJ had been moved to the floor? Yes


· No, RS can’t recall if there were any other drugs, recreations drugs involved– (why would he say the word involved? Did I hear that right??)


· Defense atty reviews RS’s testimony from direct examination by the people


· Now RS acknowledges that CM did say also exhaustion along with the dehydration issue mentioned as underlying condition


· No, the above statement wouldn’t initially change the course of treatment for cardiac arrest, but is important to know and helps explain underweight status of MJ


· Reviews airway clearing testimony re: capnography again


· Here RS says that compressions were started first as the ET tube (for intubation) was being prepared for intubation


· No, we did not defibrillator Michael because we didn’t see ?ventricular fibrillation defibrillator not appropriate for Michael (in MJ’s condition/state)


· Yes, bicarbonate was eventually used after epinephrine, atropine (RS indicates a total of 3 rounds of all this)


· Defense atty reviews testimony regarding RS calling UCLA Base Station- RS says patient becomes the UCLA Base Station patient once they call UCLA


· It becomes UCLA’s call (regarding care and decisions), with some discretion to the firefighters/paramedics if circumstances involve, for example, incineration, rigamortis, etc.,- in terms of the firefighters/paramedics being able to take the patient straight to the morgue versus directly to the hospital


· At approximately 04:15pm, court and counsel meet at sidebar on the record


· Court recesses the Prelim at 04:20pm


· To resume at 09:15am


· RS is administered standard witness admonishment re: do not speak to others (outside of case attorneys), and is ordered to return to court on 01/06/11 by 09:15am




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