Coroner investigator Elissa Fleak testifies again - Day 9 -

Coroner investigator Elissa Fleak took the stand today to testify about the fingerprint found in Michael Jackson's bedroom. As previously been said, the fingerprint on the syringes, vials and other medical paraphernalia did not belong to Michael Jackson, prosecution said in court Thursday, disproving the defense theory that Michael Jackson had given himself the propofol.

The fingerprint belonged to the coroner’s investigator, Elissa Fleak, who testified Thursday that she couldn’t say how it got there.

“I typically wear gloves. I always wear gloves at crime scenes,” she said.

In the barrel of the syringe, a toxicologist testified Thursday, was a small amount of propofol mixed with lidocaine, a drug used to numb the burning sensation created by the anesthetic. The only other print identified was a partial print belonging to Murray on a bottle of propofol that Fleak said was found inside an IV bag.

Fingerprints found on a second bottle of propofol and two IV bags couldn’t be matched to Murray, Jackson, his security guard, personal chef, investigators or a paramedic, according to a summary of test results read by prosecutors. No fingerprints could be lifted from other items of evidence, including nine additional bottles of propofol, a syringe, IV tubing and drug vials.

Although it proved to be less than a smoking gun for the defense, the syringe with Fleak’s fingerprint instead became the cornerstone of a defense attorney’s attack on the investigator’s handling of the scene and evidence. In cross-examination, Ed Chernoff, an attorney for Murray, accused Fleak of being sloppy in her investigation and collection of evidence.

“Ms. Fleak, would you agree with me that you made a substantial number of mistakes in this investigation?” Chernoff asked.

“No,” she responded.

Chernoff put pressure on the investigator about the propofol bottle with Murray’s print that she said was found inside an IV bag — evidence that would corroborate the testimony of a key prosecution witness, a security guard, who said he removed a similar item from an IV stand at Jackson’s bedside per the doctor’s orders.

Alberto Alvarez, the guard, said the doctor enlisted him in gathering the bag and other medical evidence before calling 911 — conduct prosecutors say shows the doctor’s attempt to cover up his actions.

Chernoff noted that the investigator took no photos of the bottle inside the bag, or documented the state of the two items in her notes until this year, suggesting that Fleak “revised” her notes to square with Alvarez’s testimony.

While conceding she did not document the evidence as it appeared when she found it, Fleak denied she ever talked to prosecutors about any of their other witnesses. Later, under questioning by a prosecutor, the investigator said that although she had not done a perfect job, no investigation was perfect.

“Have you done your best to be as truthful and accurate as far as the role you played in this case, the observations you made and the items you recovered?” Deputy Dist. Atty. David Walgren asked.

“Yes,” she said.

Fleak also testified Thursday about the medical records she subpoenaed from the doctor about his care for Jackson. The last of the records turned over by the doctor dated from 2008 and made no mention of propofol.

Murray had no records for the nightly care he provided Jackson in the three months leading up to the star’s death. Murray told police he injected Jackson with propofol nearly every night.

Under questioning by Murray’s attorney, Fleak said she also subpoenaed records from eight other doctors and a nurse about Jackson’s care.

"Would you agree with me that you made a substantial number of mistakes in your investigation?" Mr Chernoff asked her.

Ms Fleak denied that suggestion but acknowledged that her original hand-written notes were destroyed when they were transferred into an official report.

"I do that in all my cases," she added.

Mr Chernoff questioned Ms Fleak on her assertion that a bottle of propofol was found inside an IV bag.

Investigators found the propofol bottle and IV bag stashed inside a shopping bag in a closet area four days after Jackson's death, Ms Fleak said.

Prosecutors and defence attorneys agree that Murray's fingerprint was on the propofol bottle.

Ms Fleak admitted that her original notes did not mention finding the propofol bottle inside the IV bag, and that the first time she placed that in her notes was earlier this year.

Security guard Alberto Alvarez, one of the first members of Jackson's staff on the scene after the singer stopped breathing, has testified that he saw a vial of a drug with a milky substance - which prosecutors say was propofol - inside an IV bag. Mr Alvarez said he put them in a shopping bag at Murray's urging.

Ms Fleak denied suggestions by Mr Chernoff that she had changed her findings to make them fit Mr Alvarez's story, at the urging of prosecutors.

"I've never talked to prosecutors about another witness," she said.

Ms Fleak said she photographed the IV bag and the propofol bottle, after taking the bottle out of the bag, to show they were found together.

MJFS - sources: latimes / reuters