Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Saturday, April 30, 2011

Defence of doctor Jackson could seek delays in trial (AP)


LOS ANGELES--lawyers for Dr Michael Jackson told a judge Friday that they might need a delay in his neighbor that trial because prosecutors revealed new witnesses with scientific theories surprising defence had not anticipated.


Lawyers Edward Chernoff and j. Michael Flanagan argued that the fresh evidence against Dr. Conrad Murray should be prevented from trial because it arrived too late.


Deputy District Attorney David Walgren said it would be absurd and called the situation of the fault of the defence team for having refused to delay the trial when he and the judge suggested.


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.


Judge of the superior court Michael pastor said he would not exclude the expert evidence and prosecution said there was no "sable" defence attempt by disclosing the end jury selection possible so close witness next week.


"This case concerns sophisticated scientific questions," pastor said, adding that it is likely that new theories would arise upon the discovery of the evidence.


"I am not surprised by the situation", said the judge. "I expected these issues when I informed me that the case would proceed within 60 days after the preliminary hearing.


Murray, who has pleaded not guilty of homicide involuntary guilty of the death of pop superstar, insisted on quickly.


Walgren, said the prosecution, including 11 listed originally scheduled of the expert witnesses, which up to four, most of them cut new.


"When the first expert in this, he expected that the defence would be to go with the theory that Michael committed suicide," said the Attorney. "This is a situation that they created...". It was always our theory that Dr. Murray was incompetent, misleading and caused the death of Michael Jackson. ?


With the new theory of the defence in game, prosecutors had to seek new scientific experts, he said.


Flanagan said that he and Chernoff now need additional experts to meet the witnesses for the prosecution newly added.


Chernoff was to report to the judge later Friday. He said that he would consult with Murray to determine whether to ask for time.


Selection of the jury, which began with a panel of complete questionnaires written, expected to continue on 4 may, with opening statements the following week.

Defence of doctor Jackson seeks trial delay (AP)


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."