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发表于 2011-5-1 23:40:35
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英文详细报道。明天翻译（谁有空可现在帮个忙）
Michael Jackson's onetime physician asks for delay in trial; feels 'sandbagged' by new theories
Attorneys for Dr. Conrad Murray asked a judge on Friday for a delay in the physician’s trial on charges of involuntary manslaughter, saying that they had been “sandbagged” with new scientific theories by prosecution witnesses on the eve of the trial.
Los Angeles County Superior Court Judge Michael Pastor said he would hold a hearing on the motion for a continuance Monday, but noted the time and expense the high-profile trial has already taken. The judge said the preparations have cost “funds in excess of six figures,” and that about two dozen cases have had to be rescheduled.
Defense attorneys said they needed the additional time because of new medical expert reports turned over by prosecutors.
In one of those reports, Dr. Steven Shafer, an anesthesiologist, concluded that it was impossible for Michael Jackson to have swallowed the fatal dose of the powerful anesthetic propofol, attorneys told the judge.
The opinion contradicts the defense’s contention that the singer was desperate for sleep so that he could be ready for rehearsals for his comeback tour and drank or injected himself with the drug while Murray was out of the room.
“Dr. Shafer says categorically, it’s not possible Michael Jackson orally ingested propofol, based on the science,” Deputy Dist. Atty. David Walgren told Pastor on Friday. Attorneys during the hearing did not go into detail about why the expert reached that conclusion or what the science behind the opinion was.
http://latimesblogs.latimes.com/lano...laughter-.html
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Trial of Michael Jackson's doctor could be delayed
NEW: Dr. Murray's lawyers ask for more time to prepare for the trial
NEW: The judge will decide Monday on the request
"I fully expected that was going to happen," the judge says
The defense concern began when the judge approved prosecutors' new experts
Los Angeles (CNN) -- Defense lawyers asked for a delay in the start of Dr. Conrad Murray's involuntary manslaughter trial Friday because, they said, they need more time to answer new theories raised by the prosecution.
Los Angeles County Superior Court Judge Michael Pastor scheduled a hearing for Monday morning to decide whether he will grant the continuance.
Testimony in the trial of Michael Jackson's doctor has been scheduled to start on May 9, with the jury to be chosen next week.
"I'm not saying what I'm prepared to do, because I need to hear and see more information," Judge Pastor said during a Friday afternoon hearing.
The possibility of a delay was raised during a hearing Friday morning when Pastor ruled prosecutors could call new expert witnesses, including one who would testify that there was no way Jackson could have self-ingested the drug that killed him.
Defense lawyer Ed Chernoff said he consulted with Dr. Murray after that hearing and they agreed they needed more time to prepare their expert testimony to counter the new prosecution expert.
"This is precisely the matter I fully expected that was going to happen when the defense said it wanted to go in 60 days," Pastor said.
Murray invoked his right to a speedy trial after January's preliminary hearing in which the prosecution's expert witness admitted he made a math mistake that supported the defense theory that Jackson may have given himself the fatal dose of propofol.
Propofol is a surgical anesthetic that the Los Angeles coroner ruled killed Jackson in combination with several sedatives found in his blood.
"I actually made a mistake on that," Dr. Richard Ruffalo testified during cross-examination, referring to his calculation of the levels of propofol in Jackson's stomach fluid.
Murray's lawyers suggest a frustrated and sleepless Jackson may have poured the surgical anesthetic propofol into his juice bottle while the doctor was out of his bedroom.
A new expert approved by Judge Pastor Friday will testify that he "concludes it was impossible for Michael Jackson to orally ingest" the fatal drug, prosecutor David Walgren said.
"Super expert Dr. Ruffalo prepared a 60-page report," Defense lawyer Michael Flanagan said in court Friday. "We got ready on that, but now the trial in this case will look nothing like the preliminary. I bet you they're not going to call Ruffalo."
The prosecution said the defense is always welcome to call the former prosecution expert.
"They are not calling their original 11 experts," Flanagan said. "They've got three brand new ones, which requires us to prepare all over again for these new theories and justifications of these theories."
The new experts will present "more detailed analysis, but not a new theory," Walgren said.
Judge Pastor said there had been a "massive investment of time and money" put toward the trial and a delay might be expensive. There are 171 potential jurors already "hardship qualified" for the trial, but a delay might require them to go through the process again.
http://www.cnn.com/2011/CRIME/04/29/...ion=cnn_latest
Murray's lawyers want Jackson trial delayed
By LINDA DEUTSCH
ASSOCIATED PRESS
April 29, 2011, 5:47PM
LOS ANGELES — Defense attorneys for the Houston doctor charged in Michael Jackson's death have asked a judge to delay the trial so they can prepare for newly named prosecution witnesses.
Superior Court Judge Michael Pastor did not immediately rule on the oral motion made Friday but instructed attorneys for Dr. Conrad Murray to file a formal motion by Sunday afternoon.
Pastor set a hearing for Monday to decide whether to delay the case just two days before jury selection was scheduled to resume and a week before opening statements were expected.
Murray's defense attorney Ed Chernoff told Pastor the cardiologist had agreed to a delay.
Murray has pleaded not guilty to involuntary manslaughter.
Chernoff and J. Michael Flanagan had argued that the new evidence against Murray should be barred from the trial because it arrived too late.
Deputy District Attorney David Walgren said that would be absurd and called the situation the defense team's own fault for refusing to delay the trial when he and the judge suggested it.
Among the new expert opinions proposed by prosecutors is that Jackson could not have caused his own death by swallowing the powerful anesthetic propofol because it is not absorbed through the intestines.
At a preliminary hearing earlier this year, the defense posed the idea that Jackson, desperate for sleep, swallowed the drug while his doctor was out of the room. Propofol is normally is administered intravenously for surgery.
Superior Court Judge Michael Pastor said he would not exclude the expert testimony and declared he prosecution was not trying to "sandbag" the defense by disclosing the witness so close to the possible end of jury selection next week.
"This case involves sophisticated scientific issues," Pastor said, adding it was likely that new theories would arise during discovery of evidence.
"I'm not surprised by the situation," the judge said. "I anticipated these problems when I was advised that this case was going to proceed within 60 days after the preliminary hearing."
Murray, who has pleaded not guilty to involuntary manslaughter in the death of the pop superstar, has insisted on moving forward quickly.
Walgren said the prosecution, which originally listed 11 anticipated expert witnesses, has cut that down to four, most of them new.
"When the first experts got into this, it was not anticipated the defense would go with the theory that Michael killed himself," the prosecutor said. "This is a situation they created ... It was always our theory that Dr. Murray was incompetent, untruthful and caused the death of Michael Jackson."
With the new defense theory in play, prosecutors had to seek new scientific experts, he said.
Flanagan said he and Chernoff now need additional experts to respond to the newly added prosecution witnesses.
http://www.chron.com/disp/story.mpl/nation/7543658.html
Report for 4/29/11
Mr. Chernoff of the defense stated they receieved 80 pages from the prosecution containing 4 new scientific theories which were past the expertise of the experts they had secured for their witness list. Chernoff said they are simply not able to address as trial being set to begin on May 9th.
Sorry this is a to be continued full report... I'll be back to edit and type more which I anticipate doing tonight.
Chernoff asked jdge Pastor to exclude the new witnesses adding they did not have time to address the new theories which attacks those the defense had previously sstated He said the defenses theories were presented to the prosecution the 1st week of March around the 6th and three weeks later they receiived report of another expert which he estimated as #15 on the prosecutions witness list, then said they now have new experts. Chernoff asserted the prosecution had to have known that they wouldn't have time.
Walgren countered Chernoff's remarks stating "this is absurd" and that the people stated before todaythat the case would have to be held over. He said the defense insisted the case continue and they were put on notice repetitively. He said of course we sought out expert opinion, that they were turned over in Aprl and the current issue was the exact situation they had warned the defense about. Walgren continued by stating the defense insisted to go forward. He said there were no new theories and that their theory has always been that Conrad Murray was untruthful, incompetent, and caused the deat- of M. Jackso. He said we simply don't have discovery from defense.
At judge Pastor's inquiry Walgren replied that they were planning on calling the new witnesses during case in chief. He said their testimony is responsive of the defenses theories but broader going further to say it to be expansive and detailed scientific analysis. At Chernoff's correction to Walgren stating there were 2 new witnesses he adjusted a statement to the judge by stating there were 3 new expert witnesses.**** Names may not be spelled correct*** Larson, Schaefer and Chavez.
Flanagan of the defense held up a large stack of papers stating this is Chavez then another saying in addition to Larson.He continued saying we were able to deal with Larson. He said one of their experts wont be available in May, that he'd just gotten through reading the brand new theories of negligence and scientific theories. He said they were all ready to go. He went further to state no expert other than Schaefer has ever said propofol cannot go through ingestion and the mentioning of some being shoved up piglet rears that didn't go to sleep., there was mention of Lorazapan and other new theories they'd have to address. He said it's inconceivable.Flanagan protested they'd worked very hardand were up to date and that with the 2 new witnesses they'd need new experts in pharmacology and microbiology.
Judge Pastor said he didn't have any written notifications addressing the situation but that he was not surprisedsaying he anticipated the defense would not be ready.
Flanagan protested asserting they were ready based on first year of reports of the case....
***Pausing to post this then I'll edit in more***
Flanagan said the criteria they had was to give the prosecution their reports, that they would be fined 1500 a day when they were well within the 30 days of going to trial.He said and now the prosecution gets 3 new expert witnesses, 5 or 6 new justifications for new intentions and that the defense would be back to square 1 if Schaefer and Chavez testifies.
Walgren said the prosecution had warned them. He said it was literally impossible for Michael Jackson to orally consume propofol. He said the new witness testimony is not new theories, that it is a cornerstone of their case and science and how it would have taken place.
Chernoff said Walgren had 9 months and didn't hire pre iminent expert, not during the preliminary, not after, that they had all the time in the world and didn't do it. He told judge Pastor that the only remedy was for him to exclude the new experts.
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Judge Pastor said he would not exclude and that he did not find the prosecutions actions as willful. He said it involves significant analysis, that the issues raised in extensive prelim they continued to express concern over in case and the people advised based on what the defense would be filing they would respond. He said he did not see how the people acted in bad faith or sand bagged.
I'm sorry you guys, my sleep this week is way off and I have to wake very early in morn. If you like I can pick up from here tomorrow early evening- just please let me know?
I also wanted to inform you that they discussed the footage of This Is It being subpoenad from Sony and was told they would not have before trial began and couldn't get to them until if I recall coorectly around the 4th. Chernoff or Flanagan asked Judge Pastor to make the prosecution wait before calling Kenny Ortega to testify until after they'd had time to review the raw footage once Sony had turned it over to them. Judge Pastor said if the subpoena was issued for a certain date for the material to be delivered then he would not address that issue until then and that Sony would need to comply with the subpoena. He declined the defenses request to make the prosecution wait for Otrtega's testimony after Walgren informed the court they would have to juggle a lot of things around to accomodate the defenses request adding that Ortega would be out of town at some point and it would be difficult to move their witnesses around.
Goodnight yall!
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