Dr. White ends testimony; Dr. Steven Shafer recalled as rebuttal; Murray won't testify - Day 22 -

01/11/2011 00:00

Anesthesiologist Dr. Paul White completed his testimony Tuesday.

Propofol expert Dr. Paul White, the defense's last witness, said on Tuesday that it is not always necessary to have all the commonly accepted monitoring equipment on hand. He cited plastic surgery centres as an example.

After the end of his testimony, Dr White was surrounded by Jackson fans chanting and holding placards, apparently waiting for a car to take him away outside the front of the court.

He declined to speak to reporters, saying he would do so once the trial is over.

A Michael Jackson fan was removed from the courthouse after yelling "Murderer, Murderer" at Murray as he walked down the hallway during a recess late Tuesday morning.

Prosecutors briefly recalled their anesthesiology expert, Dr. Steven Shafer, for a rebuttal to defense propofol expert Dr. Paul White before resting their case Tuesday morning.

Dr. Shafer was questioned by Walgren and cross-examined by defense counsel J. Michael Flanagan for 28 minutes.

White argued that high amounts of unchanged Propofol found in Michael Jackson's urine suggest he most likely died from a quick injection rather than a slow drip. But Dr. Shafer introduced a 2002 study that showed patients who received Propopfol through a drip in the OR had nearly the same levels.

"If there was such a thing as bedroom-based anesthesia, the standard guidelines would be considered a minimum," Dr. Shafer testified on Tuesday.

"Because there's no back-up, there's no tolerance for error. If you have an error, you'll have a mortality."

Murray told a judge Tuesday that he would not testify in his own defense at the trial. Defense lawyers told Pastor they had no more witnesses.

Judge Pastor then reminded Murray he had an "absolute, individual, constitutional right to testify in this case." Murray said, "My decision is that I will not testify in this matter."

His lawyers were split on wheter he should have taken the stand. Tmz reported that lead attorney Ed Chernoff was adamant on the fact that Murray had not to testify, while Michael Flanagan felt that Murray had to take the stand because without his testimony the jury would have convicted him. However, Murray followed Chernoff's advise, who is also is lead attorney.

The judge also asked if he understood the decision was his alone to make.

"Have you made up your mind," Pastor asked.

Murray paused, looked at all his lawyers, seemed to sigh and said, "My decision is I will not testify in this matter." Judge Pastor then asked whether he had made his decision "freely and voluntarily," Murray replied, "Yes."

The judge asked lead attorney Ed Chernoff if he had conferred with Murray about his rights and Chernoff said yes.

"The court finds the defendant has knowingly, freely and explicitly waived his right to testify," the judge said. "I certainly will respect that decision."

Murray had left open the possibility of testifying on Monday, when he told the judge that he had not made a final decision.

Murray's announcement Tuesday was made outside the presence of jurors.

"Ladies and gentlemen, you've seen and heard all of the evidence in this case," judge Pastor told the jury. Then he dismissed the jury until Thursday at 9:00 AM PDT, giving the lawyers a day to prepare closing arguments.

Los Angeles County Superior Court Judge Michael Pastor will meet with lawyers for both sides Tuesday afternoon to discuss what exhibits will be admitted into evidence and what instructions he will give to jurors before they begin deliberations Thursday afternoon.

MJFS - tmz - cnn - abc