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MJ Prelim Hearing Day 3- 01/06/11 (Due to issue of Public Relations saying courtroom was full, **I was prevented from going into the courtroom at the start until 11:00am) Notes were taken by someone else for the first portion. So my notes don’t cover the CONCLUSION OF PARAMEDIC RICHARD SENEFF AND THE NEXT WITNESS AFTER HIM.


Parties present: Defendant- Conrad Murray (CM), all three defense counsel: Chernoff, Flannagan, Lowe


Both Prosecutors: Walgren and Brazil


Family Present: (I need to verify this because did any of them leave at the 11:00am break? For sure Katherine Jackson, Randy Jackson, LaToya Jackson; Family Friend, Majestik Magnificent; (was Joseph Jackson present for the entire morning when I wasn’t in there?) ·

DA witness, Harry Daliwal (HD), is placed under oath and testifies




· HD is employed by AT&T Mobility as an Area Retail Sales Manager (for 15 years and 9 months)


· Describes duties/services: HD oversees 8 retail stores


· Do you have familiarity with cell phone records maintained by ATT: yes, including text information records


· People’s exhibit 19(a 72-page document) is marked for identification- is shown to the witness


· Do you recognize it (people’s exhibit 19), and if so, how? Yes, I have reviewed it prior to coming to court. They are ATT cell phone records- exhibit is placed on the Elmo projector and a copy given to defense atty chernoff, who reviews it per his request, no objections from defense atty.


· DA refers HD to page 2- displayed on the ELMO


· Yes, page 2 provides subscriber information: verifying records (people’s exhibit 19) indicate that the cell phone belongs to CM, provides info on commence date of service/start as customer- corresponds to cell phone number (702) 862-0973- that people’s exhibit 19 IS the cell phone record of CM, contains cell calls, data information; yes, data information is all texts transmitted, email, internet access and data from the internet


· Yes, HD is familiar with iPhone- yes ATT does provide service for iPhone


· What is data is pushed? then DA Brazil re-phrases the question: can one set cell phone to have ATT push data into the phone? Yes, it can be set at intervals of every 15 min, 30 min, or data pushing can be done manually


· Yes, the activity is recorded on the cell phone data


· HD is directed to page 66- displayed on the ELMO: HD is asked to describe information contained on this page- what are the columns, from left to right:


· -item # is serial number on far left-assigned to activities chronologically


· -date when activity happened


· -time when activity happened


· DA asks why there is no info data in sent to, and HD says it’s not his area of expertise but that he has seen this happen


· -quantity- amount of data used in kilobytes


· -usage type- describes types of activity, example is SMS means a text message


· Yes, you can see received/sent texts, but not on this page (page 66)


· -charges incurred


· -service area (says TX for Texas, this is clarified by HD per DA asking)


· -cell identifier # location code


· DA Brazil directs HD’s attention to 06/25/09 on page 66


· Item #870 is the 1st activity recorded on CM’s cell phone that day? yes, it’s at 12:04am, it’s a data transmission, data received by CM..



· Item #871 is at 01:04am: data


· Item #873 is 03:04am: data


· DA says look all the way to #876 at 06:04am and asks HD is it significant to you: the times, in terms of types of activity? yes, it seems to be setting on the phone for data to be pushed through- it looks like it’s set every 60 minutes, and yes, whether person has their phone or not, it could be set previously to occur automatically


· Item #877: 06:31am: text message


· Then after this DA just cites the times and not the item number, she just says next


· 07:03am: data


· 07:29am: data


· 08:14am: data


· 08:36: text


· 08:54am: data


· Now to page 67:


· 09:00am: text originating from or sent to this is something the DA says, but she doesn’t clarify


· 09:11am: text Texas


· 09:35am: data


· 10:04am: data


· 10:15am: data


· 10:26am: text Texas


· 10:44am: data


· 11:08am: data


· 12:03pm: text Texas


· 12:04pm: text went to Texas


· 12:13pm: data


· 12:18pm: data


· 12:53pm: text. DA asks any geographic? California


· 01:23pm: text from or went to Nevada- DA phrased it this way, not indicating specifically if it was FROM or TO as a concrete answer


· 02:19pm: data


· Then DA starts rattling off times and types really fast, more times and items to item #903 to further pages, too fast for me to write it all down


· HD’s attention is then directed backwards to pages 1-24 of the cell phone records- what type of activity is reflected? Cell phone usage, calls made to and from the #, per HD


· HD’s attention is directed to 06/25/09, pages 21, 22,23


· The first page: page 21: HD’s attention is directed to top column and DA asks HD to describe what these columns are:


· -item #


· -date


· -time



· -#s called


· -calls to (incoming/out) à those were HD’s words


· -minutes used


· -usage type: what kind of call: day, nights/weekend


· -charge


· -roaming type (home or other network)


· -switch code (he’s not familiar with what this is)


· -which carrier (service area)


· -location code


· -identifier #


· DA again refers to 06/25/09:


· Item# 319: 09:23am, incoming call, lasts 22 minutes


· Item# 320, 321, 322, 323, 324, 325, page 21, 326, 327, 328: all reflect calls made on 06/25/09


· People’s exhibit 20(a color-coded call log) is marked for identification and is placed on the ELMO for courtroom to see, after defense atty chernoff reviewed it and indicated no objections; DA gives a copy to HD for viewing from the witness stand


· Yes, HD recognizes it and yes, HD examined it before court proceedings


· DA points out yellow-colored rows of calls in people’s exhibit 20


· 09:23am: from (702) 290-2909 to CM’s cell phone number ending in 0973, lasting 22 minutes


· 10:14am: call from (713) 699- 4955 to CM’s cell phone number ending in 0973, lasting 2 minutes


· 11:07am: call from (619) 994-3233 to CM’s cell phone number ending in 0973, lasting 1 minute


· 11:18am: call from (702) 862-0973 (CM’s) to (702) 866-6802, lasting 32 minutes


· 11:49am: call from CM’s number ending in 0973 to (702) 808-4989, lasting 3 minutes


· 11:51am: call from CM’s number ending in 0973 to (832) 366-3832, lasting 11 minutes


· 12:12pm: call from CM’s number ending in 0973 to (562) 881-2570, lasting 1 minute


· 12:15pm: call from (562) 881-2570 to CM’s number


· Do they accurately reflect cell phone activity contained in CM’s record? Yes




· Is there a way for attorney’s to retrieve the content of text messages? Yes, however I’m not familiar with that


· Can ATT retrieve content of voicemail messages from iPhone? Yes, but I’m not an expert


· Witness Daliwal is administered the standard witness admonishment and is excused by all counsel as a witness


· PEOPLE’S WITNESS: Jeff Strohm (JS), is placed under oath and testifies- DA BRAZIL DIRECT EXAMINATION:


· JS answers that he is employed at Sprint Nextel Communications as the Custodian Of Records and outlines his duties: responsible for testifying, responds to legal demands, (gave other info re: duties)


· People’s exhibit 21(a 35-page document) is marked for identification, with defense attorney chernoff indicating no objection, chernoff had already seen it


· Yes, JS states that he is familiar with people’s exhibit 21 and indicates that it is records for cell phone number (702) 809-3747, and that it provides subscriber information and call details for CM


· DA directs JS’s attention to entries on people’s exhibit 21 for date of 06/25/09, page 123:


· DA has JS describe the information contained in header at top of page 123 from left column:


· -the horizontal entry is a particular phone call


· -calling # (the initiating #) [dialing out]


· -called # (received the phone call)


· -dialed digits (the #s actually input into the handset)


· – _m_r is the mobile # inbound/outbound routed


· -start date of call


· -end date of call


· -duration on network


· -repoll # : reference to group of cell phone towers- demographic area like L.A.


· -1st cell- the specific cell phone tower at the beginning of the phone call


· -last cell- the specific cell phone tower at the end of the phone call


· Did you review these calls from 07:01am to 01:08pm? Yes


· DA referred to exhibit 20 (the color-coded call log) on the ELMO- have you seen it? yes, per JS


· Did you examine the call from/call to/duration information for the blue-colored boxes? Yes


· Do they accurately reflect the Sprint/Nextel activity of CM? yes


· In the first blue box: 07:01am: from (702) 809-3747 (CM’s) to (702) 240-0266, lasting 25 seconds


· 08:49am: from (702) 683-5217 to CM’s number ending in 3747, lasting 53 seconds


· 10:22am: from (713) 857-0124 to CM’s number ending in 3747, lasting 111 seconds


· 10:34am: from CM’s number ending in 3747 to (619) 994-3233, lasting 8.5 minutes (517 seconds)


· 11:26am: from (310) 590-9566 to CM’s number ending in 3747, lasting 7 seconds


· 01:08pm: from CM to (310) 310-8070, lasting 2 minutes


· On people’s exhibit 20, the time of 08:49am has two entries: one lasting 53 seconds and one lasting 48 seconds. The witness, JS, is asked to describe this: there are two 08:49 calls- one is routed but they represent one call and part is inbound, but the 53 seconds entry is more accurate time; later a reference is made to people’s exhibit 21…???


· ***DEFENSE ATTORNEY CHERNOFF** defense atty asks what a routed call is- JS defines it as a call being bridged- this is the routed aspect, meaning when a person is not getting connected due to not being in a good service area, so the call is being bridged and you see both the routing taking place to help get the call actually connected and then once connected, the inbound aspect of the call kicks in, but it’s really only once call. No, person doesn’t know that the call is being routed- neither the caller nor the call recipient knows.


· Lunch break until 01:15pm. I did not write down the exact time for lunch break but he has not ever gone past 12noon that I can recall.


· Court resumes at 01:20pm




· RC is a UCLA doctor: specifically an Emergency Medical Physician. Has been an attending physician since 1998


· Yes, on 06/25/09, RC was an Emergency Medical Physician


· Do you recall being consulted by Base Station Radio Nurse? Yes. [re: Carolwood call re: MJ]


· RC indicates that the Radio Nurse radios back and forth between Base Station and paramedics


· Yes, RC is consulted as needed


· On 06/25/09: yes, RC involved in consulting with, advising Radio Nurse re: Mj


· What was your understanding of his physical condition prior to his arrival: RC says unresponsive, aystolic, not breathing, + at this point RC orally recited what the paramedics did to revive MJ


· No, RC has not seen the teletype of the paramedics


· Yes, RC has seen the Run Sheet of the Radio Nurse, which the Radio Nurse receives (it’s a base [station?] hospital form)


· RC says that she can’t say for sure that the time of the 911 call for the arrest (later clarified to be cardiac) was around 12:18 but yes, 12:18pm time is estimated time of cardiac arrest per summary of what the Radio Nurse recorded


· No, RC does not know original source of the 12:18pm cardiac arrest time information


· RC was told that there has been no response to attempts to resuscitation- and RC defined what pronounced is


· Yes, RC made permission to pronounce at 12:57pm [this was while MJ still at Carolwood under original care of paramedics, with CM there.]


· But RC says that she didn’t know it was MJ


· RC says that she was made aware of presence of personal doctor


· Yes, RC was one who gave permission for CM to assume personal responsibility/care of MJ [while still at Carolwood] as bicarbonate administered/transport to hospital [at that time]


· 01:13pm, yes RC is present in the Emergency Room when MJ arrived. Per DA question: RC had team in place, then met CM and asked what happened.


· What did he [CM] say to you? RC says that CM said that MJ had not been ill, that MJ had been working hard, dehydrated, had trouble sleeping, and that he was given 2mg of lorazapam


· RC asked what medications given and said that CM said: 2mg of lorazapam, 2mg of lorazapam, and then this is when CM witnessed arrest, meaning CM saw MJ die


· No, CM did not mention other medications


· Yes, RC did ask about reported past drug use regarding valium and flomax and these two medications were CM’s response to if other medications were regularly taken by MJ, along with CM saying no reported chest pains prior to arrest. Per DA question: RC indicates that valium is a benzodiazapene, and that flomax is usually for urinary problems, enlarged prostate.(she said other things along this line)


· Per a question of DA regarding observation of MJ: RC says that there was no signs of life, fixated/dialated eyes, no spontaneous respiration/circulation(?), no palpable pulse; yes, dead in layperson’s term


· Yes, [ER] team attempted to revive MJ in spite of MJ appearing to be dead- RC says: 1) confirmed intubation correct, 2) ventilated him, 3) ultrasound to see if any cardiac wall movement: there as some movement but not what would be considered good heart movement; 4) no palpable pulse detected, 5) no signs of further trauma, 6) CPR administered, 7) drugs: IV fluids given


· Yes, continuous cardiac monitoring


· Yes, between compressions they checked for independent heart/breathing activity


· No, no spontaneous pulse was felt by RC


· 01:21pm- a weak femoral pulse was reported but RC says she doesn’t recall by whom it was reported


· Yes, CM was present during the report of a weak femoral pulse


· Yes, additional drugs were given: epinephrine, sodium bicarbonate, (one other drug I missed), dopamine drip, epi drip, bicarb drip


· Were these effective? No, no spontaneous circulation resulted from attempts. How long did this care last? From 01:13pm to 02:26pm pronounced


· Who pronounced MJ dead? I did (RC)


· Had there been any notable changes before pronouncement? No


· Was blood drawn from MJ? Yes


· Any labeling system used? Yes. [Relevant medical record information was included in labeling]


· Gershwin was the generated name for MJ (a critical patient)- per a unique labeling system used and this was MJ’s, along with a medical record number accompanying the Gershwin trauma designation (something was shown to her to have her recite numbers) (wm0241? goes with Gershwin, not clear on that) PLUS the medical record number of 39759444


· What is a condom catheter? RC defined it. it is placed on the penis to collect urine from urinary tract


· DA asked why condom catheter would be used? If patient is sedated in operating room- this is one example RC cited


· Did you observe a condom catheter on MJ? Yes


· Did CM mention administering propofol to MJ? No


· Did CM mention any other benzodiazapene other than lorazapam? No


· In your career, have you seen a personal doctor administer propofol in a home? No


· Are you familiar with propofol? Yes


· How do you use propofol? I use it when a patient needs to be sedated for a painful procedure and for patients who are intubated, generally head-trauma patients


· No, never seen or heard of it used in a home setting- RC gave examples of when/where propofol used




· Yes, I (RC) use propofol on patients, no, I am not an anesthesiologist.. But a doctor can use propofol


· Yes, if there is a pulse, attempts of resuscitation are warranted (no MJ did not have a pulse)


· Nurse Scribe Note is shown to RC. It cites 13:21pm for a weak femoral pulse reported and RC didn’t feel it herself when she herself tried so at 13:22pm she ordered CPR to continue


· Yes, CM was present in the ER. But CM was only initially allowed to be hands-on with MJ. But at 13:21pm RC does not recall if CM was hands-on at that point


· So during resuscitation attempts, yes, RC did continue to ask CM questions about MJ, starting from the point of their arrival


· What do you see when you witness an arrest? It means CM saw MJ stop breathing, [so the assumption would be that CM] checked pulse and [should have] began CPR- this is RC’s interpretation of what CM saw/should have done


· Is the term witness an arrest an art of medicine term? It’s common to be used


· Did CM say that he witnessed the arrest? RC indicates that it was in the report and that CM had said it to her and she didn’t ask him for details because she had an understanding of what it meant. ( But defense attorney was implying that it’s HER (RC’s) own understanding, as if she was not at all correct about CM actually seeing the arrest???)



· Yes, RC asked if MJ was taking any drugs on a regular basis. Defense attorney asked why RC was ask: RC says because I had a dead 50-year old and needed to know why, needed history.


· Defense attorney asked if she knew what timeframe and dosages of the lorazapam administering were and RC said no, and no, she didn’t ask CM


· Did you ask CM when MJ took valium? No. defense atty said you didn’t care? RC didn’t answer.. I think there was an objection by the people but I didn’t write it down


· Do you use propofol? Yes, and RC then gives common usages (again.)


· To sedate a patient of MJ’s size, would it be about 60mg? RC didn’t say yes- she said 1mg per Kg [of body weight] is generally sufficient for most patients for procedural sedation


· Would you expect 60mg to put MJ into unconscious state? (!! I missed her answer for some reason but if I recall she did not commit to a concrete yes or no)


· No, I wouldn’t expect 25mg [of propofol] to put him under complete unconsciousness/sedation and RC did confirm that it differs with each patient


· 10 to 20 minutes for 60mg [of propofol] in MJ and 25mg may be 5 or 10 minutes of sedation in MJ- these were answers per defense atty questions about how long sedation effects last.


· If CM gave 25mg [of propofol] to MJ at 10:40am, would you expect it to last 40 minutes? No


· If 25mg was given somewhere between 10:40am and 10:50am, should that have [sedation] effect till 12noon? RC says something to the effect that if there were no other problems, no, she wouldn’t expect MJ to still be under but she said she’d be concerned about all other meds given and other factors


· If CM told you that propofol was given, would this have altered your treatment of MJ? No


· Yes, onset of effects of propofol is quick, like 1 minute


· Yes, the elimination of propofol [from the body, or in terms of its effects] is generally 10 to 20 minutes if not given on an ongoing [continuous] basis, as in a drip


· In the vent that propofol was given to a 60kg man, at between/approximately 10:40am to 10:50am about 25mg, and then that man arrests at 12noon, would you link the propofol? RC said that she would consider other meds given and then she said something about them being awake(??) and then she said if no other meds given, then no, she wouldn’t link the propofol


· Defense atty asked about time effects of lorazapam and RC indicates that it’s longer [in terms of sedation effects in comparison to propofol is what it seems defense atty was implicating here.]


· If a single 1x dose of propofol is given, no, I would not expect a sedation effect an hour later- this was an answer per defense atty question




· Says defense atty flannagan gave lots of hypotheticals like asking RC to assume that propofol was given at 10:40/10:50am to MJ, that it was only 25mg, and then what effect there might be at 12noon- it was asking her to assume that ONLY THIS WAS DONE: yes.


· DA asked RC to define additive effect


· Yes, if person given propofol after other meds that have ongoing additive effects [it] could cause cardiac arrest


· And no, RC was not given the history of all medications given that morning by CM from CM


· *****RC indicated specific monitoring people and equipment protocol [at UCLA] that propofol warrants: cardiac monitor, a pulse monitor, carbon dioxide monitor, airway monitor equipment; AND a person [professional specifically trained in this capacity] to monitor the sedation itself***




· Defense atty asks if information regarding ALL drugs ever taken by MJ was really necessary, he used 100mg Demerol reference at some point but I was still writing from last of DA question so I am not clear on what timeframe he was referencing Demerol!!!!


· Once again defense atty asks if CM had told RC about the use of propofol, then would it have affected course of treatment of MJ: no per RC


· ***DA RE-RE-DIRECT EXAMINATION (this is the term used by the Court) BY DA WALGREN***



· RC didn’t you want to know ALL history information, including other benzodiazapenes given, especially because of additive effects: YES per RC. Yes, I would have wanted to know about propofol, other benzodiazapenes given.


· Wouldn’t you want, expect, assume [that the] truth was being given to you from another doctor? YES


· Richelle Cooper is administered the standard witness admonishment and is excused as a witness by all counsel (by the way, all witnesses up to this point have been excused by all counsel but I haven’t stated that.)


· ***DA WITNESS, DOCTOR THAO NGUYEN (TN) is placed under oath and testifies*** DA WALGREN DIRECT EXAMINATION


· TN is a cardiology fellow at UCLA- which means a physician-in-training, in her 4th year in cardiology- TN gave further details of her status


· Yes, TN was working as a cardiologist fellow in the CCU (Cardiac Care Unit) at UCLA on 06/25/09


· Yes, I am a medical doctor


· On 06/25/09- as a fellow TN is responsible for the unit [CCU]


· On 06/25/09, yes TN was called to the ER by doctor richelle cooper


· Yes doctor richelle cooper was there when TN arrived in ER


· Yes doctor richelle cooper introduced TN to CM


· Yes, TN approached CM to ask about MJ and to ask what happened


· CM answered: I am a doctor, patient was preparing for a tour, he was tired, was having difficulty sleeping, and required medicines


· TN did ask CM what did you give MJ and CM answered 4mg of Adivan IV (the lorazapam)


· Did you ask CM any additional questions? Yes, TN says she asked CM did you give any other medications, sedatives, narcotics? CM answered NO


· Did you (TN) try to reverse the effects of the Adivan? No.


· What else did you (TN) ask CM? TN said she asked CM what happened after you (CM) gave the medication and CM answered he later found patient not breathing


· TN said that CM did not know timeframe for finding the patient down and that CM did not have a concept of time, no watch. And no timeframe from finding MJ down to calling 911. And CM had no timeframe from giving IV to time that MJ’s breathing stopped


· TN said that CM asked/told her don’t give up easily [on trying to save MJ] and to try to save the patient


· No, CM never mentioned other medications


· No, CM never mentioned giving propofol


· No, CM never mentioned giving other diazapenes


· Yes, TN did a procedure specific to her position/training: she placed a balloon pump- a device that’s placed in the aorta to decrease the demands on the heart and to increase oxygen supply to the heart- ( in stating this, she indicates drug induced cardiac arrest and this is re-addressed later)


· No, TN was not optimistic that this [balloon pump insertion/efforts] would work


· TN says that if this measure failed to resuscitate that there was already an understanding with CM that it would be called [declare MJ dead] and since it failed, we called it.


· TN indicates that it was at 01:35pm that the conversation about the understanding with CM and the balloon pump took place [re: calling it if this measure failed] TN indicated that it was CM who had made this request to have such an understanding


· At 02:40pm the Court places the Prelim proceedings on break (witness TN is admonished to not discuss case with anyone outside of attys on this case)


· (this time I did not write down what time proceedings resumed, but it was about a 15 minute break)


· ***DEFENSE ATTORNEY FLANNAGAN- CROSS-EXAMINATION- Doctor TN acknowledges that she remains under oath and resumes testimony


· TN defines Adivan as a benzodiazapene (lorazapam) for anxiety


· Is it also used to induce sleep? Yes, it is indicated for insomnia


· In MJ, how long should 4mg of Adivan last? It’s hard to tell- factors to consider are background of patient, tolerance, not just body weight


· How much do you give a 50 year old 136lb patient for insomnia? for a normal person, TN said she’d want to know their exposure to benzodiazapenes first because she wouldn’t want to jump right to it. defense atty persisted on this question? And TN indicated that she would start with 1mg and NOT by IV either, but by PO (by mouth), and then first monitor results from 1mg dose; would not start with 4mg IV


· Defense atty asked how long [effects] would last? TN said for 4mg: a couple of hours, depending on patient’s background and if the patient is naïve or new to it


· Do you know anything about blood levels of lorazapam- to know what to expect based upon a certain dose per kg of weight? And TN answered that it is not what they typically measure, we don’t check that. defense atty asked this same question for propofol: TN answers no.


· Defense atty asked her about her testimony concerning no concept of time TN said those were CM’s words, not her conclusion, these were CM’s answers


· Did you have a general impression of CM’s emotional state when talking to CM: TN said CM appeared devastated. per his facial expressions


· Did you feel you could have a calm conversation with CM? yes, CM spoke calmly, it was his body language- this was her answer to defense atty asking her why she said CM appeared to be devastated, what specifically gave TN that impression.


· Did you ask CM when he gave the lorazapam? TN said that CM did not know the time, that CM could not estimate the time


· Defense atty reviewed questions/answers re: no concept of time and the lorazapam


· Defense atty asks questions along the lines of was there confusion, activity at this time [when CM answered about no concept of time? TN answered something to the effect that there was orderly activity


· Per defense atty question, TN answers that there were 5 or 6 people present working on MJ in the ER while she is having that talk, asking questions with CM at around 01:35pm


· Yes, TN does believe that she had CM’s attention [during these conversations] because CM maintained eye-contact with TN. TN states that CM was by left leg of MJ, with his back towards MJ and TN was facing MJ


· Per question of defense atty, TN says that Dr. Cruz did not come down until TN called him down; yes it was Dr. Cruz who worked as a team with her to insert the balloon pump and it was Dr. Cruz’s idea per the request of CM to not give up easily on saving MJ


· Is it common to do balloon when there is no pulse? No but there were no other options left


· Did you use any drugs to reverse the effects of the lorazapam when you found out about it? No. why not? TN said that she asked dr. richelle cooper if it had been reversed and dr. richelle cooper said no. TN further states that based on window of time for reversal to be effective was lost- which would have been when the patient was found down, at the earliest sign of distress, not when the patient is dead


· CM didn’t give the order for the balloon pump, did he? No. CM was not in charge? No.


· Because of something defense atty said/asked ( I missed it.), TN said that for use of the balloon, an indication could be drug-induced cardiac failure. But then defense atty tried to say then why not the flumazanil to reverse? The people object, sustained. Somehow TN was allowed to say that the use of the balloon could help by decreasing the demand on the heart, which has nothing to do with the drug, and the balloon use is also indicated when there is a pulse; so defense atty asked: was there a pulse though? No. ( I have to verify this spelling of flumazanil again- it is in these notes, much earlier though, with correct spelling)




· Do you have any confusion about what CM told you? no


· DA asked TN to define PO (which is term TN used when stating that she would first start with 1mg of Adivan and not 4mg IV). PO means per oral, by mouth- TN reiterates that she would not start with IV because it’s unsafe


· The witness, TN is administered the standard admonishment and is excused by all counsel


· ***DA WITNESS Dan Myers (DM) is placed under oath and testifies*** DA BRAZIL DIRECT EXAMINATION:


· DM is a Los Angeles Police Department Senior Homicide Detective in Robbery/Homicide division- 23 years with LAPD


· Yes, DM was/is the lead investigator


· Did you examine CM cell phone records as part of your investigation? Yes


· Yes, it is correct that CM had two cell phones- one through ATT and one through Sprint/Nextel


· Yes, DM reviewed cell phone records from midnight of 06/24/09 through to the conclusion of 06/25/09


· Yes, DM contacted the numbers on CM’s cell phone records


· Why? DM says: to identify the persons spoken with [by CM on those subject dates]


· The DA displays people’s exhibit 20 on the ELMO


· Refers DM to 07:01am, at 07:01am a call from CM to (702) 240-8265


· Yes, on 11/17/09 DM contacted (702) 240-0266 and determined that the owner of this number is Andrew Butler and that it is Andrew Butler’s residence number


· Did you ask Andrew Butler if he knew CM as a friend or as a physician? Yes


· Yes, DM did ask Butler if CM called him on subject date(s) but Butler did not recall getting a phone call from CM


· 08:49am: a call from (702) 683-5217 to CM’s number ending in 3747- did you dial that number? Yes. Yes DM spoke to Antointette Gill on 11/17/09 and yes Antoinette Gill verified that this is her number


· Did you ask her if she knew CM? yes


· Antoinette Gill said CM is a friend and doctor


· Did you ask her if she received a call from CM on subject date?? She said she called CM to inquire about a letter she had received that said he won’t be her doctor


· 09:23am: a call from (702) 290-2909 to CM’s number ending in 0973: yes DM determined who uses this number. DM spoke to Marissa Boni, who indicated that she was a friend of CM’s daughter, shenell


· Yes, DM did call (702) 290-2909. Yes, and DM spoke to Marissa Boni, who said she knew CM and Marissa Boni said that number is her friend’s number (shenell’s)


· 10:14am: (713) 699-4955 a call to CM’s number ending in 0973. Yes DM contacted this number in November 2009 to identify the owner of the number and verified that it belongs to Acres Home Heart And Cardiology Clinic, CM’s in Texas


· 10:22am: a call to CM’s number ending in 3747 from (713) 857-0124. Yes DM called that number in January 2010. It belongs to Joan Prishad and yes, she verified that it belonged to her


· Did you ask her if she called CM: she said that she was in the post-operating room preparing to perform a procedure on CM’s patient and needed feedback regarding that patient’s medication and that she first contacted CM’s clinic and they gave her CM’s cell number


· Yes, DM asked Joan Prishad if she talked to CM: yes, they discussed that patient’s care


· Did you ask her if CM was able to assist her and DM says that Joan Prishad said: yes. Joan Prishad told DM that CM recalled this patient, the procedure previously done, the treatment, and the medication, and told her what to do.DM said something to the effect that she seemed to be impressed that CM could remember with such detail, clarity..yes, CM was able to recall ALL of this regarding that patient


· 10:34am: from CM’s number ending in 3747 to (619) 994-3223. Yes, DM called that number around roughly January 2010. Yes DM verified that the number belonged to Stacy Howe-Roggles (spelling?). yes DM spoke to her. Yes DM asked her if she spoke to CM on 06/25/09: yes.


· Did she say she knew CM? yes, she was his personal assistant. Yes DM asked if she recalled this phone call: yes and said it was regarding CM telling her to draft a letter about his activities in upcoming tour in London.


· Did you ask if CM appeared distracted? Yes. DM said that Stacy Howe-Roggles said CM did not appear to be distracted during that call


· 11:07am: call from CM’s number (702) 862-0973 to (619) 994-3223, this is another Stacy Howe-Roggles call


· 11:18am: call from CM’s number (702) 862-0973 to (702) 866-6802, lasting 32 minutes. This is CM’s practice in Nevada, located at 2110 East Flamingo Rd., #301, Global Cardiovascular and Associates.(need to verify that I got that address completely correct.yep, verified it on the internet)


· 11:26am: a call from (310) 590-9566 to CM’s number ending in 3747. Yes, DM called this number. Yes, DM spoke to Bridgette Morgan but can’t recall the date.


· Did you ask if she knew CM? yes. Yes Bridgette Morgan knows CM and yes she verified that this is her number


· 11:49am: a call from CM’s number ending in 0973 to (702) 808-4989. Yes, DM called this number and spoke to Robert Russell. Yes, DM did ask Robert Russell to verify that this is his number- it is. yes, he did ask Robert Russell if he knew CM: yes. CM is his cardiologist


· 11:51am: a call from CM’s number ending in 0973 to (832) 366-3832. Yes, DM contacted this number. Yes DM spoke to Sade Anding, who did verify that this is her number.



· Did you ask her if she knew CM? yes. Yes she does know CM. did you ask her if call was done on 06/25/0 yes, she did receive a call from CM and yes she spoke to him on the phone


· 12:12pm: a call from CM’s number ending in 0973 to (562) 881-2570. Yes, DM verified that this is Michael Amir William’s number


· 01:08pm: a call from CM’s number ending in 3747 to (310) 310-8070.


· Did you call that number and did you determine whose number it is? yes, DM did call the number and determined that it belonged to Nicole Alvarez. Did you contact Nicole Alvarez? Yes. Did you ascertain if she knows CM? yes, Nicole Alvarez said that CM is the father of her child.


· Detective Dan Myers is administered the standard witness admonishment and is ordered to return to court on 01/07/11


· At 03:50pm, the court and counsel have sidebar on the record


· The Court recesses the Preliminary hearing proceedings at approximately 03:58pm. All counsel and CM are ordered back to court on 01/07/11- 09:30





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