Defense witness Dr. Paul White sanctioned for his testimony

“White deliberately referenced banned testimony during the trial of Dr. Conrad Murray,” said Judge Michael Pastor.

The testimony involved conversations between White and Murray. Pastor, who initially considered a $1,000 sanction, issued an order that White was not to testify on anything he learned from speaking with the Houston-based cardiologist.

The judge also considered, but did not take action regarding, comments White allegedly made to a reporter during testimony from the prosecution's propofol expert. White allegedly said, "What a scumbag," as Dr. Steven Shafer testified, E! Entertainment reported.

Pastor had considered a $1,000 fine.

Murray's lawyer J. Michael Flanagan argued at Wednesday's hearing that White was inexperienced as a witness. But prosecutor David Walgreen accused White of purposely trying to sabotage the case.

"I had no idea your honor had told me not to go into this area," White told the judge. "I apologize profusely."

White portrayed himself as a novice at testifying.

"This is not something I do for a living," he said. "I did my best to answer questions as truthfully and honestly as I could."

At the trial White admitted that his usual fee for his testimony is $3,500 a day.

Superior Court Judge Michael Pastor said his instructions to White and the lawyers were clear and repeated many times in chambers and in open court. He said White openly disobeyed.

Flanagan replied by criticizing the judge's rulings during the trial and said, "You didn't give me an opportunity to explain to him in more detail how you felt about the situation."

The judge snapped, "It's not about me, Mr. Flanagan."

White drew frequent prosecution objections during his testimony on Oct. 31 when he seemed to be referring to things Murray told him in confidence.

Pastor told White outside the jury's presence to stop trying to sneak in references to private conversations he had with Murray. The witness had suggested his opinions were partially based on what Murray told him, but those talks were not submitted as evidence.

"It's deliberate and I don't like it," Pastor said at the time. "It's not going to happen again."

But it did, when White told jurors: "I'd like to talk to you about this, but the judge told me I couldn't."

At that point, Pastor threatened to find the doctor in contempt of court and fine him $1,000 but Wednesday issued a civil sanction of $250 and gave White until Dec. 16 to pay the fine or appeal.

Outside court, White told reporters he was disappointed by his experience during the trial.

"Any fine at all is inappropriate," said White outside court. "It's not that I can't pay 250, but I didn't think I did anything wrong. I tried to avoid things I was not supposed to say in court, namely things I acquired during my conversations with Dr. Murray. I was astounded by the response."

White was asked to share his thoughts on the trial.

"My honest thoughts? Enlightening. Disappointing," he said with his attorney by his side. "I'm glad it's over.

"I was brought up a certain way to believe the justice system works, and I tried to be honest in court. The experience was one I would never want to repeat or recommend to my colleagues."

Murray committed errors, but his actions were not those of a criminal, White said. The case should have been handled by a medical board, not the criminal courts, White added.

He also was asked whether being allowed to testify about his conversations with Murray would have made a difference in the trial. Murray did not take the stand in his own defense.

"I would have advised Murray to take the stand, myself, because I think there's information that didn't get presented," he said. "His information would have been enlightening to the jury."

The judge also wanted to hear from a member of Murray's defense team Tuesday, but attorney Matt Alford failed to show up for the hearing. Alford conducted an interview outside the courtroom during the trial, which prompted Pastor to issue a gag order.

Alford's secretary left a message for the court that he was at a trial in Houston. His hearing was rescheduled to Nov. 29, the same day Murray is expected to be sentenced after he was found guilty on November 7 and taken away in handcuffs.

"This is not a crime involving a mistake of judgment. ... This was a crime where the end result was the death of a human being,"

Pastor said in explaining his decision to remand Murray to police custody. "That factor demonstrates rather dramatically that the public should be protected."