Prosecutors say Murray changed story

Deputy District Attorneys David Walgren and Deborah Brazilfiled a motion Monday to California Superior Court judge Michael Pastor, that could prevent two expert defense witnesses from testifying in the upcoming trial of Murray.

They said he apparently made the new assertions in conversation with two doctors who will testify on his behalf in the case.

The accounts were revealed in letters from the experts, Dr. Paul White, an anesthesiologist, and Dr. Joseph Haraszti, a Pasadena-based psychiatrist and hospital director.

Prosecutors contend that Dr. Paul White and Dr. Joseph Haraszti should not be able to testify in the trial unless and until Murray takes the stand.

They believe Murray spoke to the experts after a preliminary hearing in January that focused on his statements to police after June 25, 2009.

The motion claims that White met and spoke with Murray after which the anesthesiologist penned a report that included information that the defendant had never given police. Another analysis done by Haraszti also "references new information, apparently obtained from Conrad Murray", prosecutors contend.

The motion quoted Murray as telling the experts he left Jackson's bedroom to make a phone call, even though he initially said he left Jackson to go to the bathroom.

Experts also said Murray claimed to have experience using propofol as a sedative, even though Murray didn't make such a claim in police interviews.

The motion also says Murray claims for the first time that Jackson took propofol in fruit juice while the doctor wasn't looking. The prosecutors said that was speculation.

J. Michael Flanagan, an attorney for Murray, said his client did not really change his story but instead explained some facts to Dr. White.

Murray had forgotten some details when he spoke to police, Flanagan explained, adding his client had decided to make some phone calls after going to the bathroom.

In addition, the time sequence of events was slightly different when Murray thought about it later, Flanagan said.

Los Angeles County District Attorney Steve Cooley and his deputies claim that it would be unfair to have these experts present analyses that use information from Murray that investigators never received, unless the primary source of that information, Murray, is first compelled to answer questions.

"This is simply a backdoor attempt to introduce the defendant's new, self-serving statements without being subject to cross-examination," the prosecutors write in Monday's court filing. "Further, such expert opinions are unreliable and lack foundation, since they are based on untested hearsay".

"Such information conflicts with what the defendant told the police in his prior interviews", the motion states.

The only way the statements would be admissible, prosecutors said, is if Murray testifies in his own defense and is subject to cross-examination. They said the reports from both doctors contain numerous examples of new statements in conflict with Murray's previous accounts.

A hearing on motions is scheduled for Thursday. Jury selection resumes on May 4.

Opening statements and testimony are scheduled to begin May 9.

MJFS

Sources: AP / CNN