Updated: The trial will resume Wednesday

17/10/2011 00:00

Los Angeles Superior Court Judge Michael Pastor delayed resumption of the trial of Conrad Murray until Wednesday in part to give defense attorneys time to analyze new testing that coroner's officials recently conducted.

Superior Court Judge Michael Pastor address jurors on Tuesday, Sept. 27, 2011, at the trial of Conrad Murray, the doctor accused of killing Michael Jackson.

Testimony had been canceled on Monday so that the prosecution's final witness, Dr. Steven Shafer, could deal with family affairs after his father died last week.

Judge Pastor agreed to delay the case against Murray for another day after defense attorneys said they needed time to prepare for how to deal with testing the coroner's office conducted last week on the level of the sedative lorazepam in Jackson's system.

The new defense's theory is that Jackson swallowed eight lorazepam pills and also administered propofol to himself through an IV bag in his leg (and they claim Murray wasn't in the room when all this happened). Murray's lawyers say this "perfect storm" of drugs is what lead to Jackson's death. Murray's attorneys have suggested that authorities ignored the effects lorazapam may have had on Jackson and said their own testing suggested he had taken eight pills on June 25, 2009.

Coroner's officials determined that the death was caused from a lethal dose of the anesthetic propofol.

Deputy District Attorney David Walgren said the defense lab's results combine two numbers to make it seem like there was more lorazepam in Jackson's system than may have been present. He said the coroner's tests show a much smaller amount was actually in Jackson's system and are inconsistent with the theory that he swallowed several pills.

Lead defense attorney Ed Chernoff said he had numerous questions about the coroner's testing and had asked the agency to conduct the same test before the trial began but was told it couldn't be done. He said he didn't yet know what impact it will have on how Murray's defense case is presented.

Defense attorneys are expected to begin calling their own witnesses, including experts, later this week.

Pastor agreed it was an issue that defense attorneys needed time to address. He ordered attorneys to give him an update at a hearing Tuesday afternoon.

Judge Michael Pastor granted another delay of the trial for two reasons: the defense has requested a day to review new toxicology evidence of Jackson's stomach contents recently handed over by the prosecution. The judge also wants to give the state's final witness, Dr. Steven Shafer, more time to deal with the death of his father. Testimony will now resume Wednesday morning.

There was a hearing held this morning to discuss a schedule update and other issues. After being fined $60 by the judge for being late Friday, prosecutors arrived ahead of schedule by about seven minutes, prompting Defense Attorney Flanagan to exclaim, "You're early!"

Prosecutor Deborah Brazil pointed to the clock and said, "Maybe we'll get a credit."

Murray was not present in the courtroom, but he was represented by his full team of defense attorneys.

Judge Pastor asked for an update after receiving word from prosecutors that Dr. Shafer, the State's, anesthesiologist/pharmacologist, was not available today because his father passed away. Deputy District Attorney David Walgren said Shafer will be ready to testify tomorrow morning.

The judge told Walgren that he did not intend for this case to add to the stress that Shafer and his family are going through after their loss and asked Walgren if his witness needed more time.

Defense Attorney Ed Chernoff then raised an issue with the court expressing his concern over a new toxicology report they received from prosecutors.

"We don't know what it means," Chernoff said.

Chernoff also said he didn't know enough about the content of the report to properly cross-examine Shafer on the topic, claiming the prosecution waited too long to test Jackson's stomach contents.

Walgren claimed that regardless of the timing the test results are relevant to the issues at trial.

There was "a much smaller amount of lorazepam in the stomach that is totally inconsistent with oral consumption of lorazepam tablets," said Walgren.Walgren said the toxicology report is meant to counter the defense's claim that Michael Jackson ingested eight lorazepam tablets.

Judge Pastor ruled court will resume at 8:45AM on Wednesday. He also requested the attorneys to meet with him on Tuesday at 1:30PM.

Update

The judge said Tuesday that if the prosecution's final witness finishes his testimony Wednesday, there will be no testimony on Thursday. Defense attorneys for Murray say their witnesses aren't available until Friday.

The defense plans to call 15 witnesses, including the head of AEG Live, the company that promoted the This Is It Tour. Other witnesses will include police detectives who have not testified, character witnesses and experts.

MJFS - AP - cnn