Jurors won't see the This Is It announcement

26/09/2011 15:19

 

Jurors in the trial of Conrad Murray will not see footage of a news conference at which Michael Jackson announced the This Is It Tour in London, the judge ruled today.

One of Murray's attorneys, Nareg Gourjian, told Los Angeles Superior Court Judge Michael E. Pastor that it was "readily apparent from watching the video that Mr. Jackson was under the influence" and that he had committed to a final series of 10 concerts -- not the 50 that were later arranged.

Deputy District Attorney David Walgren countered that the March 5, 2009, video was "absolutely irrelevant" and depicted Jackson's physical and mental condition at a news conference at the 02 Arena in London months before June 25, 2009.

The judge agreed that the footage was irrelevant to the trial.

Just before wrapping up the brief hearing, Pastor urged attorneys to "get some rest."

The video would show jurors' "Michael Jackson's state of mind and demeanor" and support the testimony by his makeup artist, Karen Faye, whose testimony is still in doubt, that Jackson was furious the number of scheduled shows was increased from the initial 10 to 50, Murray's lawyer Nareg Gourjian told the judge.

The London announcement was delayed 90 minutes "because Michael Jackson was passed out and could not get off the sofa," according to Gourjian's claim.

Los Angeles County Deputy District Attorney David Walgren objected to the video, arguing that evidence about Jackson's mental and physical condition four months before June 25, 2009 is not relevant.

Pastor agreed with the prosecution.

The first prosecution witness Tuesday is expected to be Kenny Ortega, who was the producer of Jackson's This Is It Tour.

Murray's lawyer. M. Flanagan said, "I don't think anybody's putting on exactly the case they want to present, there are rules of evidence we have to comply with. We're going to do the best we can with the rules that are put down on us, and we'll put on a good case."

Pastor also denied the prosecution's request Monday to tell jurors about investigators' failed efforts to re-interview Murray from June 30, 2009 - July 21, 2009, after his disappearance from June 25 to 27.

Pastor ruled that there were "too many variables in phone calls that are being placed" and the efforts to re-interview Murray were not face-to-face communications.

The judge indicated he may rethink that decision if Murray's lawyers argue during the trial that police did not do a thorough investigation of the case.

Murray, 58, is accused of administering propofol, a powerful anesthetic, to Jackson to help him sleep and not properly monitor him. A practice that violated the standard of care.

Murray has been free on $75,000 bail since being charged in February 2010.

After finding there was enough evidence to require Murray to stand trial, Pastor ordered to Murray to "immediately cease and desist" practicing medicine in California while the criminal proceedings are pending.

Attorneys of both sides are set to give opening statements Tuesday to a seven-man, five-woman panel that was sworn in Friday.