LOS ANGELES--in eleventh motion, counsel for the defence for Dr. Michael Jackson has asked a judge Friday to delay his trial so that they can prepare to newly disclosed witnesses for the prosecution.
Judge of the superior court Michael Pastor did not immediately rule on the motion of counsel for Dr. Conrad Murray to file a formal request to Sunday afternoon but oral.
He gave the prosecution until 6 p.m. Monday to respond before a hearing later in the morning.
Pasteur was taken by surprise by the motion, saying that he never expected to be dealing with such a development only a few days before jury selection would resume, followed by opening statements on May 9.
"This Court has spent funds more six figures on this matter", he said, adding he had delayed the 20 other cases, including three tests for the death penalty, to clear the way for the trial of Murray.
Pasteur ordered Murray to attend the hearing on Monday.
He also noted that 171 prospective jurors filled out questionnaires and were told to return for further questioning on May 4. In a separate session in the Office of the judge, prosecutors agreed to dismiss 30 of these prospects for cause, probably because they expressed feelings on the matter.
Counsel for the defence of Murray Ed Chernoff said Pasteur that Houston-based cardiologist had agreed to the delay. Murray pleaded not guilty to manslaughter in the death of the pop star.
The judge and prosecutors already expressed concerns about the defence lawyers who need more time to prepare. But Chernoff was adamant that his client wanted a trial within the statutory time limit of 60 days after the preliminary hearing.
That changed Friday when the defence says that the prosecution had revealed that he could call further witnesses with scientific theories surprising defence had not foreseen. The defence requested to prevent the witnesses, but the judge refused.
Chernoff and Attorney j. Michael Flanagan, said they were not willing to cross-examine the witnesses again and should align their own rebuttal evidence experts.
Deputy District Attorney David Walgren, stated that the situation was the fault of the defence team for having refused to delay the trial when he and the judge suggested. He had no immediate response to the request of the defence.
Among the new expert opinions proposed by prosecutors are that Jackson could not bring his own death by swallowing the powerful anesthetic propofol because it is not absorbed by the intestines.
A preliminary hearing earlier this year, the Defense asked the idea that Jackson, desperately need sleep, swallowed the drug, while her doctor was out of the room. Propofol is normally administered intravenously for surgery.
Walgren said that Central theory of the Crown remained the same.
"It was always our theory," he said, "that Dr. Murray was incompetent, misleading and caused the death of Michael Jackson."
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