Murray's trial postponed until September

A Los Angeles County Superior Court judge agreed Monday to push back the involuntary manslaughter trial of Murray until September, with judge saying defense lawyers needed additional preparation time to effectively represent their client. Superior Court Judge Michael Pastor said he was more concerned with justice for Murray than with the speed of the proceedings.

Judge Michael Pastor made the ruling at the request of defense attorneys representing Murray.

The attorneys said they could not be ready for trial, which was set to begin with opening statements next week, because of eleventh-hour prosecution experts debunking their theory Michael Jackson injected himself with Propofol.

Prosecutors contended the latest medical experts proposed no new theories, and the defense caused the situation by invoking Murray’s right to a speedy trial.

They told the judge last week that one of their experts reached the conclusion that it would have been impossible for Jackson to have caused his own death by orally ingesting the drug propofol, an argument that defense attorneys made during preliminary hearings.

Superior Court Judge Michael Pastor declared he's suspending this week's jury screening process and dismissing all potential panelists who filled out lengthy questionnaires.

The 171 potential jurors who had filled out lengthy questionnaires about the case in March will be excused, and a new panel will be selected beginning Sept. 8, the judge said. Opening statements will begin later that month.

Pastor said the delay was necessary for “fundamental fairness”. The judge decided to put the trial back by a full four months to ensure that any other pending issues are properly dealt with.

The trial had been due to start next Monday, but LA Superior Court Judge Michael Pastor said he would dismiss all the prospective jurors who have already filled out questionnaires in preparation for the long-awaited trial.

It was in the "interests of justice that the parties be fully prepared", he said, adding that he regretted having to start the jury selection process from scratch.

"I don't like the idea of re-starting jury selection. The court is very mindful of judicial efficiency and the expense that has occurred. But first and foremost is justice", he said.

Prosecutors allege that Murray "abandoned his patient" after administering the powerful sedative propofol to help Jackson sleep, and then tried to cover it up after in the morning of June 25, 2009.

After preliminary hearings in January the trial was initially set for March 28, but was then pushed back with opening statements due May 9. There have already been some jury selection sessions, and more had been planned this week.

Murray's lawyers asked on Friday for a two-week delay, but the judge decided on a longer postponement to ensure everything would be ready.

Murray was in court for the decision Monday.

A new batch of potential jurors will be summoned to court on or around September 8, the judge said. "I would like to have this case on a relatively short leash", he said, while calling another pre-trial hearing for June 3.

Murray's main lawyer Edward Chernoff had sought to prevent the prosecution from calling the two new expert witnesses, claiming they would promote "new theories" not discussed during the six days of hearings in January.

Prosecutor David Walgren said last Friday that the pair, including a top anesthesiologist expected to testify that Jackson could not have ingested propofol, would merely clarify already established arguments.

Earlier in April the judge ruled that the prosecution will be allowed to show final footage and autopsy photos that show he was not suicidal.

Prosecutors say the footage of Jackson rehearsing before his "This is it" tour show him creatively engaged and the autopsy photos show he was in good health.

The defense, which has said Jackson took an extra dose of the powerful sedative propofol without Murray's knowledge, argued against showing the images, saying they would inflame emotions.

Murray, who had insisted on a speedy trial, waived that right and agreed to start jury selection anew on Sept. 8.

Attorneys for Murray filed a motion Sunday complaining about the last-minute addition of expert witnesses to the prosecution case and saying they needed at least two weeks to find experts of their own and have them prepare reports.

They also are trying to get raw footage from Jackson's posthumous concert movie, "This Is It." Prosecutors plan to use clips to show Jackson was in good health as supported by the autopsy report, too.

Pastor said he did not think two weeks was sufficient for the defense to accomplish its goals.

Prospective jurors who filled out questionnaires and were to return to court Tuesday will be thanked and told their services are no longer needed, the judge said.

"The court is very mindful of judicial efficiency and the expense that has occurred in this case", Pastor said. "But first and foremost is justice, the continuance in this case is absolutely essential".

Pastor said he didn't like the idea of picking a new jury but said it was "preferable to having this continuing drama."

Deputy District Attorney David Walgren said he had no objection to a delay. He had been urging a later start date all along.

Murray has pleaded not guilty as he is accused of negligence in administering the hospital anesthetic propofol to Jackson in his home. He also administered him other sedatives, one of them, lorazepam, that should never be used in concomitance with propofol, contributed at the death. The coroner filed the case as a homicide, intended as "death to the hands of another".

The Murray defense has posed the theory that Jackson, who was desperate for sleep, swallowed more propofol than the doctor gave him. The drug normally is administered intravenously.

The prosecution presented new reports last week from two experts who say it's impossible to overdose by taking the drug orally because it would not be absorbed into the intestines.

Murray, who had been adamant about wanting a trial within 60 days of his preliminary hearing, was asked by the judge if he was giving up that right to allow his lawyers to effectively represent him.

"Yes," Murray said. "I believe it's in the best interest of all parties."

"But do you feel it is in your best interest?" asked the judge.

"Yes," said the defendant.

Lawyers estimated opening statements would begin Sept. 20.

MJFS

Sources: AP / latimes.com