Quote from: "Sinderella"COURT – DAY 4
07/01/11
Judge :- Los Angeles County Superior Court Judge Michael Pastor
Prosecutor: Assistant Deputy D.A. David Walgren
Defence: Ed Chernoff
Family attending:-
Katherine Jackson
Joe Jackson
Janet Jackson
LaToya Jackson
Other:
Brian Oxman-not testifying outside causing shit.
Witnesses called:-
Detective Myers LAPD cont #11
Sade Anding(cocktail waitress)#12
Bridget Morgan (6questions asked only)#13
Nicole Alvarez(Dr Conrad Murray's Girlfriend)#14
Elissa Fleak (CSI toxicology UCLA)#15
Court convened at 9.25am[/b]
Witness #11: Detective Myers continues.
Cross by defense attorney Ed Chernoff
Q: Talk about when this whole case erupted.
Myers: This detective was out of town. (Objection)
Q: What day did you come back from out of town? (Objection overruled.)
Myers: June 29th, actually returned My partner, Det. Smith... He came back after first two trips back to Carolwood... (objection)
Q: What documents Det. Myers, have you reviewed? Did you review documents? Did you review notes, what documents did you review? (Objection beyond scope.) Did you have a chance to review documents before you testified?
Myers: Yes. I continue to update myself with all aspects of the case. I refresh my memory.
Q: You also review you notes?
Myers: Yes.
Q: And witness statements you typed up yourself?
Myers: Yes
Q: Were you present when the Carolwood house was searched? (Objection) why???
Chernoff is showing documents, showing defense C, D, E, and F.
Brazil has an objection to documents. These documents do not related to the scope to his testimony yesterday. Explains to Judge. Prosecution is still objecting about the documents.
(PIO Pat Kelly arrives.)
Q: On part of your investigation have your prepared any documents of a chronology of events.
Myers: Yes.
Q: Was it a chronology or a time line.
Myers: I've prepared various documents.
Q: Have you prepared what would be termed a timeline of events including phone calls?
Myers: You'll have to be more specific counsel as to your events.
Q: did you prepare this document?
A: (regarding defense exhibit D) Yes, I had input on that timeline.
Q: Chernoff asks can I show the detective this document? Did you have any input in the author of that timeline?Myers: Yes.
Q: Referring to Def E, do you know when you had input into that timeline?
Myers: This would be every early on in the investigation. I can't say precisely but the first week or two
Q: How about Def D?
Myers: I believe this was sometime later. I don't have an actual recollection. One month, 2 months later. I don't know.
Q: Was the processing from Def D of E, was that in related to your investigation.
Myers: As far as Def E, I think I may have authored it, and only on Def D I had input
Q: Det. Smith and Martinez has already interviewed witnesses at the house? (Objection scope.)What was your reason in this investigation? Were there assignments? (Same objection your Honour. Obj. beyond scope.)
Judge Pastor: Det. Meyer is being called for only a small scope and not a general purpose.
Q: Were you in charge of the investigation?
Myers: No.
Q: Was there a detective who was in charge of making assigning responsibilities?
Myers: "It was a collective effort." HAHAHAHAHA. In collaboration with MJ.
Q: Did Det. Smith make any of these phone calls?
Myers: Well, there was more than just phone calls.
Q: Did Det. Smith or Martinez interview any of those individuals that we heard about yesterday? (Objection relevance; sustained) We looked at a series of phone calls, and you explained some of the numbers and people that were attached, and these were all the phone calls that we made on the morning of the 25th?
Myers: Yes.
Q: Did anyone else investigate that activity, other than you?
Is the info you provide complete and total?
Myers:No
Was there a phone call made on June 25th that you did not investigate?
Myers: "A range?"
Q: You investigation did go no further than the mid afternoon for June 25?
Myers: No.
Judge Pastor: Refine please.
Q: Did you investigate phone calls AFTER that time frame?
Myers: There's been investigation into those other phone calls.
Judge Pastor: Mr. Low has to leave for another responsibility.
Q: have you interviewed any people involved in those phone calls.( Objection)
Judge Pastor: We have a problem. I think we need to move on.
Myers: Sade Anding was one of the people that I talked to and that she was the phone call of 11:51. Yes. Misstates. The call was to Miss Anding, not from.
Q: And this is the person you interviewed her in Texas?
Myers: Yes.
Q: And have you interviewed her again?
Myers: Yes.
Q: When?
Myers: Last night. STILL INTERVIEWING PEOPLE IN 2011????
Witness # 12 Sade Anding SAD ENDING
DDA: In Feb 2009 where employed?
Anding: Sullivan Steak house.
DDA Q: Where?
Anding: She was a cocktail waitress. "I was there for six months at that time; six-eight months.
DDA Q: Describe the steak house. Which part did you work as? (Objection relevance, sustained.)Restaurant or lounge? (Objection sustained.)
While working as a cocktail waitress, did you meet someone who identified himself as Conrad Murray.
Anding: Yes.
DDA Q: Do you see him? (Anding identifies Dr. Murray.) Do you recall when it was you first met Conrad Murray, what month?
Anding: It was after Valentine's Day. I just know I had started there two/three months [prior].
DDA Q: So the latter portion of February or the beginning of March?
Anding: Yes.
DDA Q: How did you meet? (Objection, overruled.)
Anding: Met him at the restaurant? (Objection, sustained.)
DDA Q: When you met Conrad Murray at Sullivan Steak House was he working there, or ????
Anding: met him at the restaurant.
DDA Q: Did your first meeting with [Murray] at the restaurant stand out in your mind? (Objection, sustained.) Was there something unusual about your meeting? (Objection, vague.)
Judge Pastor: Do you have an offer of proof?
DDA (EC): I do your honor. Approach the bench.
DDA Q: From that first meeting with Dr. Murray, did you see him with some frequency?
When you first meet him did you see him on other occasions?
Did Dr. Murray refer to you as his girlfriend? Were you Conrad Murray's girlfriend?
Anding: Yes.
DDA Q: Ms. Anding, in June 2009, was your telephone number (837) 366-3832?
Anding: Yes.
DDA Q: On June 25th 2009 did you receive a phone call from Conrad Murray?
Anding: Yes.
DDA Q: What time was it your time in Houston [when Dr. Murray called]?
Anding: I know it was 12:30 about. It was in the afternoon yes.
DDA Q: You were on your way out? (Objection sustained.) Did Dr. Murray telephone you on your cell phone, residence or landline?
Anding: Cell phone.
DDA Q: What did he say when he first spoke?
Anding: He told me he it was Conrad; he said "Hi," and "How are you?"
DDA Q: Did you recognize his voice?
Anding: Yes.
DDA Q: He identified himself and asked you how you were. Did he tell you how he was doing?
Anding: He told me I was doing well, then I cut him off and I started talking. I said, "Well, let me tell you about my day."
Just talked about how down and that I had a job. Before that time I'd seen him was in May.
DDA Q: What day?
Anding: May 23rd. In Houston.
DDA Q: Referring back to June 25 phone call,So you interrupt Dr. Murray and start chatting about your day and going on in your life?
Anding: Yes.
Anding said that she heard another phone go off. Then mumbling voices and then the sound was muffled
DDA Q: For a while into the conversation, you realized that he wasn't there because he wasn't saying anything to you?
Do you have any way of knowing when he stopped listening to you?
Anding: No.
DDA Q: Did you ever say anything specific when you realized that he wasn't saying anything?
Anding: "Just hello, hello, hello. Are you there are you there? (But she didn't get any response back from Dr. Murray.)
DDA Q: When you heard the mumbling on the other end, did you recognize the voice [as being Dr. Murray]?
Anding: No.
DDA Q: You said you tried to call Dr. Murray's phone back and you got a response and but you got no response back? Was that unusual?
Anding: Yes. Last time I talked to Dr. Murray was when LAPD came to my house. It was sometime in 2009.
DDA Q: She was attending an event when the police came in Houston?
Anding: Yes.
DDA Q: Did you go to a sporting event?
Anding: Yes. A baseball game.
DDA Q: At some time did you learn that police that wanted to speak to you?
Anding: I called Conrad Murray and told him that the police came to my house. He said that he was sorry to have put me in that position. He made a request for her to call an attorney afterward.
DDA Q: Asked if she spoke to Dr. Murray's attorney the next day. (Objection sustained.)
Defense cross-examination Chernoff.
Q: Ms. Anding, how are you? when did you get to LA? Did you fly yourself in?
Anding: No. (She flew into LA on County's dime, spent the night last night and will fly out today (Friday).
Q: Was there anything else that you told Ms. Brazil today that you did not say previously?
Anding: No.
Chernoff: That's it.
[b]Witness #13: Bridget Morgan.[/b]
Chernoff: This is Mr. Low's witness and he walked away with all our stuff. (HAHAHAHAHA)
Morgan questioning begins. DDA Brazil direct.
DDA Q: Do you recognize Conrad Murray?
Morgan: Yes. (Identifies the defendant.)
DDA Q: Ms. Morgan, when did you first meet Dr. Murray?
Morgan: In 2003.
DDA Q: Where?
Morgan: At a club. Developed a social relationship with him.
DDA Q: Ms. Morgan, I ask you what your telephone number was in June 2009? [Exhibit 20 on ELMO.] (310) xxx-5868
DDA Q: Did you call Conrad Murray on June 25th?
Morgan: Yes.
DDA Q: Did you actually speak to Dr. Murray when you made that call to him?
Morgan: No.
Witness #14—Nicole Alvarez
Alvarez identifies Dr. Murray for the record.
DDA Q: When did you first meet?
Alvarez: I don't recall exactly, around 2005.Met him in Las Vegas.
DDA asks where.
Alvarez: Specifically? I met him in a club.
DDA Q: Were you employed at the club?
Alvarez: Yes I was.
DDA Q: What position? Objected to.
When you met Conrad Murray in the club, was he a guest, or was he an employee?
Alvarez: I believe from my understanding he was a guest.
DDA Q: When you met Dr. Murray, did he introduce himself or did you introduce yourself? Or was there some other way?
Alvarez: I don't recall exactly how that came about.
DDA Q: After you met him the first time, did you maintain contact with him via phone or in person?
Alvarez: Yes.
DDA Q: Did you give him your phone number when you met him at the club?
Alvarez: I don't recall exactly.
DDA Q: When you met him where were you living at the time in Los Angeles?
Alvarez: Yes.
DDA Q: Did you commute from LA to Las Vegas to your job?
Alvarez: Yes.
DDA Q: Developed an intimate relationship? When?
Alvarez: I don't recall exactly.
DDA Q: How long after you met did you start a personal relationship with him?
Alvarez: Quite some time had past. I can't recall how long. It's something that developed over time.
DDA Q: Over that time, would you see him in person?
Alvarez: At times. Not all times.
DDA Q: Did that relationship develop in Las Vegas?
Alvarez: Yes.
DDA Q: Did it also develop in Los Angeles?
Alvarez: Yes.
DDA Q: Your present address since 2005 have you always lived in Los Angeles?
Alvarez: Yes.
DDA Q: Would it be correct to say you were involved in a personal relationship in 2009?
Alvarez: I assume so yes.
DDA Q: In 2007?
Alvarez: I can't recall.
DDA Q: When you developed this relationship, did he inform you that he was still married?
Alvarez:No
During months of April, May, June of 2009, was Dr. Murray living at your residence?
Alvarez: Can you clarify the question please?
DDA Q: Let's start with April 2009? Was Dr. Murray living at your residence?
Alvarez: I'm trying to answer accurately. I wouldn't describe it as permanent residence.
DDA Q: How would you describe it? Did you know where he lived?
Alvarez: I would assumed in Las Vegas
DDA Q: Do you have a son with Dr. Murray?
Alvarez: Yes. Born in March, 2009.
DDA Q: In April 2009, how much time was Dr. Murray was spending in LA?
Alvarez: I don't recall how much time.
DDA Q: One night a month?
Alvarez: No. It was quite frequent.
DDA Q: One week?
Alvarez: At times.
DDA Q: Two weeks?
Alvarez: At times.
DDA Q: Three weeks?
Alvarez: I'm not comfortable with three weeks. (DDA asks another question to describe how often he was staying at her residence.) I think you're asking me to give you an example, correct?
DDA Q: I'm asking you how frequently Dr. Murray was staying at your residence?
Alvarez: I think it's fair to say that he was staying 2 weeks out of the month.
DDA Q: When he was not there, where did he stay?
Alvarez: I do not know.
DDA Q: When he left your house you didn't know where he stayed?
Alvarez: No.
DDA questions about her just giving birth in April, and she is fighting/deflecting answering every questions.
Alvarez: When I mentioned two weeks, it wasn't two consecutive weeks. So I cannot say that I saw him consecutively for two weeks every single day.
DDA Q: So he would come during April, Dr Murray would stay overnight two, three, four days at a time, go someplace else you're not sure where, and then he would return and stay again?
Alvarez: That sounds about right. Two, three days, but not three, four days.
(Question again about not knowing where he stayed when he wasn't with her.) Well, I don't have expectations of Dr. Murray, so that's fair to say. That's just a rule that i live by.
DDA Q: When Dr. Murray would spend two, three days with you, would he let you know that he would be away from you and your son for a period of time?
Alvarez:Don't recall, probably
During the month of April, 2009, you would not know if Dr Murray would be at your house?
Alvarez: Could you repeat the question? ??????
DDA Q: You were not sure from one day to the next, you were not sure if Dr Murray would be there from one day to the next.?
Alvarez: Can you repeat the question?
WHAT'S HARD TO UNDERSTAND HERE ?????
DDA Q: Miss Alvarez according to your memory, Dr. Murray would spend a few days at your residence and come back?
Alvarez: Correct.
DDA Q: Did you have any idea if you knew when he would be there or away from your residence?
Alvarez: I would not have an idea.
DDA Q: In May of 2009, did Dr. Murray maintain the same type of schedule, as in April?
Alvarez: That's fair to say.
DDA Q: Did Dr. Murray spend the same amount of time in May as in April as to the same stretch of time?
Alvarez: Yes.
DDA Q: In June of 2009, did he maintain the same amount of time?
Alvarez: That's fair to say.
DDA Q: In May, did he tell you when he would be returning?
Alvarez: No.
DDA Q: In June did he tell you when he would be returning?
Alvarez: No.
DDA Q: During that time, would you be in telephone contact with him?
Alvarez: Yes.
DDA Q: Would he let you know where he was?
Alvarez: Yes.
DDA Q: But you spoke with him every day?
Alvarez: I never said I spoke to him every day.
DDA Q: What month in 2009 would you say that Dr. Murray spent the most amount of time in LA with you?
Alvarez: I'd say, June of 2009.
DDA Q: Did Dr Murray spend more time at your residence in June than in May?
Alvarez:Don't recall
Did Dr. Murray spend more time at your residence in June than in May?
Alvarez: Not June, but in March, he started to spend more time in LA than before.
DDA Q: Was he paying your rent in March 2009?
Alvarez:No, It was around 2,500 per month. Not too sure...He wasn't responsible for my rent. Everything was in my name. I was responsible for my rent. If he wanted to help me that was up to him.
DDA Q: During March of 2009, was Dr. Murray working with Mr. Jackson as his personal physician?
Alvarez: March, 2009, I can't recall exactly.
DDA Q: When did you become aware that he was working for Mr. Jackson?
Alvarez: I can't recall exactly.
DDA Q: Were your pregnant with your son?
Alvarez: Noooooo, I was not pregnant.
"Actually, I learned way before I got pregnant. I can't remember an exact date."
DDA Q: Can you give me a year?
Alvarez: If I back track by month, it was very early on when i was pregnant. One month.
She can't remember when she was pregnant and she can't recall when she learned her 'bf' was working for the most famous man in the world...er?
DDA Q: Ms. Alvarez, you take the time that you need. When did you first learn that you were pregnant?
(she is counting on her fingers)
Alvarez: "June of....urm"
DDA Q: 2008? When did you first learn that Dr. Murray was working for Mr. Jackson?
Alvarez: I don't recall. WHAT?
DDA Q: In June of 2008 were you spending time with Dr Murray?
Alvarez: At times.
2008? Wasn't he put in place 11days before?
DDA Q: At that time did he tell you he was working for Mr. Jackson?
Alvarez: I don't recall. YOU WOULD REMEMBER THIS CONVERSATION
DDA Q: When you were working in Las Vegas, did at some time he tell you he was working for Michael Jackson?
Alvarez: That's fair to say at some point that I became aware that he was working for Michael Jackson.
DDA Q: When was that?
Alvarez: From my recollection, it was here in Los Angeles.
DDA Q: When he was staying with you, did you become aware that he was providing care for Michael Jackson at Carolwood Drive?
Alvarez: No. You're asking me?
DDA Q: Did Dr. Murray ever tell you that he was providing care for Mr. Jackson in his home?
Alvarez: what do you mean?
DDA Q: Let me make it simple for you.
VAUGE AS SHIT
DDA Q: Did he ever tell you (that he was providing care for Michael Jackson)?
Alvarez: I knew he was his personal physician.
DDA Q: What did he tell you?
Alvarez: Absolutely nothing. He's a professional man, and I know my place and it's not my position to know his patients, his business or his whearabouts or anything of that sort. I was aware that, when Dr. Murray was in LA, he was at times to my belief, with Michael. As to what capacity, I [didn't know anything about that].
DDA Q: (Do you) know if he was treating anyone else while in LA?
Alvarez: Not to my knowledge.
DDA Q: Describe to me, Dr. Murray's schedule, during the time that he was staying with you in April. Did he go (to Michael's house) during the day, did he go in the evening?
Alvarez: During the best of my recollection, it would be in the night time.
DDA Q: So Dr. Murray would be there with you in the day? You had a baby together right?
Alvarez: Fair to say.
DDA Q: What time did he leave your residence?
Alvarez: I would say, approximately on average, I used to put my son to sleep at 9 o'clock. It was never at the same time, on an average it would be 9 o'clock sometimes ten.
DDA Q: And when would he return? The next day?
Alvarez: Yes.
DDA Q: What time did he return?
Alvarez: It was always different times, it was never the same. I would say usually it was in the morning. 7, 8 , 9, 10... there wasn't a regular pattern. There wasn't a time that he would DEFINITELY return every morning.
DDA Q: When he returned, what would he do, normally?
Alvarez: He would relax, go to the gym, and sleep....sleep for a large majority of the day.
DDA Q: Did you have dinner together?
Alvarez: Yes.
DDA Q: So that was typical routine for him that he would leave 9 o'clock, and that he would return some time the next morning.
Alvarez: That would be fair to say.
(DDA questions now about the London tour and upcoming trip.)
Alvarez knew that Dr. Murray would be going to England. She was invited to go along with him. Doesn't recall when she was invited???
DDA Q: Were you excited about the trip?
Alvarez: Definitely! Definitely.
DDA Q: Did you know how long you would be gone?
Alvarez: He never told me exactly how long (we would be gone), I knew it would be .......that we would be home for the holidays.
She had not made any plans (regarding a question to give up her apartment or not) for the trip. The baby is mentioned. "I was concerned. I wanted to go. I had a baby. "
DDA Q: The baby might have prevented you from going on the trip? Childcare, traveling.
Alvarez: Yes.
so he'd planned it for her to go with him..did MJ know about this...lol
DDA Q: In May to June, he said that there would be packages coming to the house?
Alvarez: Yes. He didn't really say anything, other than if the packages came, to bring them inside. But if they came to my unit, I would bring them inside the unit. So, (he said) just to be ware that they were coming, to bring them inside and to put hem aside for him.
DDA Q: Did he tell you what they were?
Alvarez: No.
DDA Q: Did he tell you that they were important?
Alvarez: No. He would just let me know, out of respect to me, that there was a delivery coming...
DDA Q: Describe your apartment and deliveries. Did you receive packages at your residence that were addressed to Dr. Conrad Murray?
Alvarez: Yes.
DDA Q: Was it on a regular basis?
Alvarez: I don't recall it being on a regular basis, I just know it had been a few times.
DDA Q: What type of things were they?
Alvarez: I don't know what they were.
DDA Q: Did you ever open any packages that came to Dr. Conrad Murray?
Alvarez: Absolutely not.
DDA Q: Some of the packages were left in the lobby?
Alvarez: I can recall one or two times where I was going for a walk with my child... and I would always check and sometimes there would be something there.
She testifies there would be mail addressed to him, addressed to him in her mail box, but there would be packages left in a common area.
DDA Q: And sometimes packages left at her doorstep?
Alvarez: Yes. He would always inform me if there was something coming as I recall.
DDA Q: Did he ever tell you what these packages were or what they were for?
Alvarez: No.
DDA Q: Did you ever ask?
Alvarez: No.
(shows witness exhibits.)
why is she having problems answering?
DDA Q: Like to show you a series of documents and see if you recognize them. Exhibit people's 22.
This is a FedEX receipt dated .... do you see 1540 Sixth Street? Alvarez: Yes, her address in 2009.
DDA Q: Do you recognize that signature? Alvarez: It very well could be, not sure,it looks like my signature. WHAT?!
DDA Q: Do you see where it says recipient, care of Nicole Alvary?
Alvarez: Yes.
DDA Q: Do you see where it says Applied Pharmacy Services?
Alvarez: Yes. But she didn't necessarily pay any attention to that.
Alvarez: You have to think of the big picture here. I have a lot of things going on. I sign for it. I may have glanced at it, and maybe read a paper in detail, for something that as for me.
DDA Q: But you would have just confirmed that it belongs to you or Conrad Murray?
Alvarez: That's correct.
(DDA shows Exhibit 23, a FedEx receipt dated April 29, 2009, addressed to her apartment on 6th street. Signed for by a P. Maria.)
DDA Q: Do you know a P. Maria that resided at that residence?
Alvarez: No. I'm the only one who resided at that residence. LOL
DDA goes over the part of the receipt that says C/O Nicole Alvery. The witness verifies that her name is spelled wrong with a Y instead of a Z.
DDA shows a May 1st, 2009 Fed Ex receipt to Alvarez' apartment, c/o her from the same pharmacy to Dr. Conrad Murray.
Alvarez: That's correct.
DDA shows witness a FedEx receipt dated May 13th 2009. Alvarez doesn't recognize the signature on that receipt. DDA notes same shipper applied Pharmacy Services. Alvarez says there's not a doorman...
Is this yours?
Alvarez:Can't be sure,no
DDA Q: Was there anyone beside her who was living or staying with her? Did your mom or someone helping you with the baby.
Alvarez: Absolutely. There was always someone coming (helping out).
DDA Q: So, possibly one of those people could have signed for a package that could have signed for it? (Objection, sustained.)
Did anyone tell you that was a guest at your apartment sign for a package? Alvarez: Not that I recall.
DDA shows another FedEx package to Dr. Murray c/o her dated May 15.
DDA question as to if there were packages left that she did not sign for. Alvarez says, perhaps, yes, that she would come home and there would be a package left.
DDA shows another package, same shipper. Alvarez: "Perhaps she did that."
Another package; same shipper—Applied Pharmacy Services. Same thing. Alvarez says "I think that's correct."
DDA Q: Is Conrad Murray currently staying at your apartment? Alvarez: Yes.
DDA Q: Do you recognize Mr. Chernoff sitting here to my left? Alvarez: Yes.
DDA Q: Did you contact Ed Chernoff, for legal advice after Michael Jackson died?
Alvarez: No. There would be no reason to contact Mr. Ed Chernoff for personal reasons.
DDA Q: Why did you contact Mr. Chernoff? Alvarez: I contacted Ed Chernoff after I had received a subpoena.
DDA Q: Why did you do that? Alvarez: I thought it would be a reasonable thing to do. I think any thinking person would do that.
I don't recall exactly how the exchange for legal advice. I just wanted to know what it (the subpoena) was.
DDA Q: Did he explain that to you?
Alvarez: I don't know. I don't think he did? He made a referral. He just put me in touch with Joseph Low.
DDA Q: Mr. Chernoff gave you Mr. Low's phone number? Did you come to court as requested back in 2009?Alvarez: Absolutely.
DDA Q: And Mr. Low came with you? Alvarez: Yes.
DDA Q: You also reached out to in 2010 to an attorney. Alvarez: I believe so, yes.
DDA Q: When you began an intimate and personal relationship with Conrad Murray, were you aware that he had six other children? (Objection)
Alvarez:Don't recall
DDA Q: Dr. Conrad Murray is the father of your son?
Alvarez: Absolutely
Witness #15—Elissa Fleak, LA County Coroner's Investigator
DDA established where witness is employed and what job entails—she is an LA County Coroner Investigator. Performs investigations at scenes, notify family, write reports for pathologists, and assist investigation. Eight years (in job). Was working in that capacity in June 2009.
DDA Q: Learned of the death of entertainer Michael Jackson? Fleak: Yes I did.
DDA Q: In response to learning that information did you respond to UCLA medical center?
What time did you respond? Fleak: Can I check my notes?
DDA Q: Yes. Fleak: I arrived at hospital at 17:20 hours.
DDA Q: At UCLA ? Fleak: Yes.
DDA Q: 5: 20 pm?Fleak: Correct.
DDA Q: At your arrival to UCLA did you make physical observations of the decedent?
Fleak describes what she did and what her duties were: To perform an external body examination. "Anything I could infer, to the cause of death for my report.
DDA Q: Looking for wounds, knife wounds?
Fleak: Yes. Did not find anything at that time.
Investigator Fleak obtained 4 vials of blood from UCLA staff labeled Gershwin. [ed. note: recall explanation pseudonym from yesterday's testimony]
DDA gives label number. Fleak replies, "Yes. Correct."
DDA Q: Were those vials of blood logged into the coroner's office? Fleak: Yes.
DDA Q: Was to preserve them? Fleak: Yes for toxicology purposes.
DDA: On that date did you respond to that location of 100 N Carolwood, LA?
Fleak: Yes. After ER room, I went to the house to observe the scene investigation.
She specifically did an investigation of that bedroom area.
(DDA puts up exhibit on the ELMO. Fleak identified where she was told the decedent was before taken to the hospital. Photo of the two tables, night stands; she identifies them.)
DDA Q: People's 9. Recognize?
Fleak: Yes. The diagram of the second floor of the house.
DDA Q: Depicts the bedroom you just described? Fleak: Yes.
DDA Q: At this point did you begin taking photographs and documenting some of the items you found relevant to pertaining to cause of death. Fleak: Yes.
DDA Q: Begin with any prescription?
Fleak: Yes, I began with several pill bottles on the nightstand right next to the bed.
DDA Q: Did you document inventory?Fleak: Yes I did.
DDA Q: Documented on a Coroner's 3A form?Fleak: Yes I did.
DDA Q: Do you remember what prescriptions you recovered? Fleak: Yes I do.
DDA Q: What did you recover?
Fleak: Flomax, clonazapam, diazapam, lorazapam, tomazapam, trazadone, and tiziandine.
Also collected several pill bottles, tubes of lotion. Hydrocodone note: Vicodin]. Tube of Lidocane lotion that was it on the nightstand [ed. note: Lidocaine lotion may have been used to reduce pain when starting IV].
DDA Q: How about Benoquin? Fleak: Yes. There was Benoquin.
DDA Q: Lotion in a tube? Fleak: Yes it was.
DDA Q: Did you document who prescribed?
Fleak: diazepam (Valium), Flomax, Lidocaine lotion, lorazepam (Ativan), temazepam (Restoril, a sleep aid) prescribed by Dr. Murray. [ed. note: A cardiologist prescribing a med for prostatic hypertrophy?] Clonazepam (antianxiety), trazodone (antidepressant) by a Dr. Metzger,and prescribed by Dr. Klein [ed. note: Benoquin is a medication used for vitiligo]
DDA shows Investigator Fleak photos of a night stand, close up of table next to night stand,
DDA Q: Do you see the two separate tables? (Shows photo. Line of questioning and answers describes another photo of area where prescription bottles were, in a basket in the lower shelf of one of the tables, as well as other areas of the table.
(There is a tube of Lidocaine lotion on table. There was a syringe on the table and one on the ground, next to the bed.)
The plunger and the top part of the syringe (to which you would attach a needle)?Fleak: Yes.
DDA shows new photos of syringes, of oxygen tank, other items, taking Investigator Fleak through identifying photos with more items, including an IV bag with connected tubing.
Fleak described some of the equipment. Blue "Ambu" bag goes to a nasal cannula. [ed. note: Actually it would be connected directly to oxygen tubing and not a nasal cannula.]
Fleak notes "I did describe it as a broken' syringe because the two pieces are separated from each other. I should have ...they're not broken."
Syringe on the table, needle on the floor. DDA asks Fleak if they may have been together they may not have been. Fleak: correct.
DDA Q: [Regarding location of IV stand] If you were facing at the bed, at the foot of the bed, the head of the bed it would be to your right?
Fleak: Yes. [note: The IV was positioned in Jackson's left leg.//apparently]
DDA is showing Investigator Fleak photos of nightstand and IV stand and IV kit attached and asks her to identify.
Fleak. Yes. She describes where everything is. "It's a saline bag"
DDA Q: In addition to observations of what you described, did you locate a jug that appears to be a jug of urine?
Fleak: There was a chair behind and to the left of you that had a bottle of urine and several urine pads.
DDA identifies Peoples 35.Fleak identifies the items in the photo.
DDA Q: Medical-type container for holding urine? Fleak: Correct.
DDA Q: Recovered an open box of disposable hypodermic needles? Fleak: Yes. It was on the two tables as well.
DDA Q: Recovered IV catheters? Fleak: Yes.
DDA Q: Is it all documented in your form? Fleak: Yes it is.
DDA Q: Recovered an empty vial of Propofol and (garbled; could be midazolam
or lorazepam, both of which were given and are given IV)?
Fleak replies vials were found between the two nightstands. DDA presents more photographs for Investigator Fleak
DDA Q: Was this an empty full, partially full bottle of Propofol?
Fleak: It was empty. (She verifies where the Propofol vial was on the floor.)
DDA Q: 200 mg bottle of Propofol? Fleak: Yes.
DDA Q: Now did you return to the location of 100 N Carollwood on June 29th 2009?
Fleak: Yes.
DDA Q: Continued your investigation? Fleak: Yes.
DDA shows Fleak some photos for clarification.
DDA Q: Describe if you will, if you would walk from this area, bedroom 2 closed.
Fleak: It's an attached room lined with wooden closets lined with wood.
DDA Q: About the size of a regular room? Fleak: Yes.
(She went into this closet area to investigate.)
DDA Q: Recovered items that were logged into evidence? Fleak says yes.
Was that logged (the syringes) as medical evidence #1? Fleak: Yes.
Describes how items were logged into evidence and the numbers given.
People's 39, 40, 41, 42 43 44 45 photos presented and Fleak describes.
Ppl 39. This is the closet area. Wooden cabinet area. Shows evidence that she collected on 29th. Showing ppls 40 close up of same items. Some bags as well as some plastic bags containing items.
DDA Q: Did you remove those items from that cabinet and inventory them on that day?
Fleak: Yes I did.
DDA Q: Is this a photo of some of those items after being laid out on a table? Fleak: Yes it is.
DDA Q: Describe items.
Fleak: Black square bag with a zipper, recovered from cabinet area. One dark blue bag with a zipper with "Costco" on the outside. Light blue and brown colored bag with a zipper with "baby essentials" bag; misc. medical supplies.
DDA Q: As well as creams? Fleak: Yes bag full of Benoquin lotions. Yes, those are bottles, tubes of lotions.
DDA Q: Did you empty and inventory the contents of these items? Fleak: Yes I did.
DDA Q: This box, a black pressure cuff? Bottles?
Fleak: Three bottles of Lidocaine. Vials of Lidocaine. [ed. note: Differs from Lidocaine cream/lotion in that this solution is added to Propofol to reduce pain upon injection.]
Fleak checks notes to remember if the bottles were full or not. "Two were empty and one of them had some liquid in it. All three of them had been opened." They were 30 milliliter bottles. Large dark blue Costco bag.
DDA Q: Did you find saline bag that had been apparently cut open? Fleak: Yes I did.
DDA Q: Find anything in that saline bag? Fleak: A bottle of Propofol inside that cut-open bag.
DDA shows Fleak a photo.Flea: Yes (that's what she found).
DDA Q: Can you describe what I'm showing; can you describe?
Fleak: It's a slit in the bag.
DDA Q: Did you take this photograph? That was the Propofol bottle that was inside the IV bag? Fleak: Yes.
DDA Q: In addition the IV bag with the slit in and the 100 mg. Propofol you mentioned, what else did you find?
Fleak: 20 ml bottle of Propofol bottle. Back to 100 ml bottle; it was open and had liquid in it. Twenty ml. open with liquid in it. Ten ml. lorazepam (Ativan) bottle open with liquid in it. Two bottles of midazalom (Versed) 10 ml both open, both had liquid in them.
DDA Q: Was there any other items in there?
Fleak: A bloody piece of gauze, a bag of miscellaneous packaging, medical packaging and a finger pulse monitor.
Inventory of the light blue and brown "baby essentials" bag.
2 100ml bottles of Propofol
2 20 ml bottles of Propofol unopened
(3?) bottles of 20
3 20 ml bottles of Lidocaine opened
1 30 mil bottle of Lidocaine unopened
20 ml bottle of diazepam opened
(Sprocket note: I can't keep up.)
more unopened. 5 mi diazepam opened.
1 4ml (Sprocket note: I missed) opened
1 4ml of diazepam unopened.
DDA Q: Where there other items?
Fleak replies: Red pill bottle with no label that contained 14 capsules turned out to be ephedrine. Over-the-counter night drops. Five bus cards of Dr. Murray. An IV clamp. A blue strip of rubber.
Fleak recognized the rubber as used for a tourniquet.
DDA Q: In total, looking at contents of both bags, is accurate to say, there were 11 bottles of Propofol?
Fleak: correct
DDA Q: In addition to the one empty bottle on the floor of Propofol there were a total of 12 bottles of Propofol. Is it true there were six bottles of Lidocaine?
Fleak: I'd have to count.
DDA Q: Could you please?Fleak: Six, correct.
DDA Q: In addition to the Lidocaine lotion. Correct.
Another photo exhibit. Photo of some of the contents of the "baby essentials" bag.
Describes the items that were all in the photo...medicines.
DDA: Nothing further.
Defense CROSS FLANAGAN.
Q: You made a search of the bedroom on 25th in the evening? Fleak: Yes.
Q: And that's where you obtained all of the photos and the bed and the surrounding the bed?
Fleak: Some were taken on the 29th. I was told by detectives additional information medical evidence at the house.
Q: They told you Dr. Murray told them a location and what they had? Did they tell you the interview that they had was from Dr. Murray?
Fleak: Yes. (Objection, sustained, reply stricken from record.)
Q: Did they tell you what information they had that you—(Objection, sustained).
Why did you go back on the 29th?
Fleak: I was told there was additional evidence at the house.
Q: Detective smith. Did he tell you what there was?
Fleak: No.
Q: Did he tell you where to look?
Fleak: Yes. In that closet room.
Q: Had you looked in that room on the 25th?
Fleak: I did not. I may have glanced in the room but I did not search it.
(note: Please recall the house was not sealed off for upto 4days after the 'death' had occurred. Everyone including the Jackson's went back and forwards through the house until it was deemed a crime scene.If no one searched the bedroom on June 25th how the hell are they sure they were not put there between the 25th and 29th ?? exactly....they aren't)
Q: So you went back looking for evidence that Detective Smith said would be there.
Fleak: Yes.
Q: Did you search any of the other items, any of the other drawers?Fleak: Yes.
Q: Was all of the stuff that you found that you took into your custody, was all in that one little area? (lists the bag)
Fleak: Those three bags were found in that cabinet, yes.
Q: When you went through and searched all the drawers and cabinets in that room, did you ever find a trash bag?
Fleak: What type of trash bag? Like a grocery trash bag? No. In the plastic bag, there was something that was crumpled up...
(Discussion about bag and baggies.)
It was clear plastic bag about a gallon. There was no zipper, it was just open at the top.
There was clumpled-up plastics, like disposable syringes, the packaging surrounding syringes, tissues, crumpled up.
Q: Like anything that had biological material on it?
Fleak: It was in the Costco plastic bag, but I don't remember specifically if it was crumpled up.
Defense now questions about the IV bag with the Propofol bottle in it, questioning Fleak about how much was left in the bottle. She didn't inventory for amount any bottles that were opened.
Q: You fingerprinted? Fleak: I didn't fingerprint. Notes mean the bottle was open, it had liquid in it and it was fingerprinted.
At this time, I believe it was possible to be fingerprinted. We are not fingerprinted at that time when I wrote my notes.
Q: You didn't use the term positive for liquid you just have residual?
Fleak: "In my mind it means the same thing. It was just how I was taking notes."
Q: The black square bags. On things you have listed, it's crossed out. Fleak: It 's just a number 2.
Fleak: I don't know why I crossed that number out. Two vials... Empty means there was on liquid in it that I could see.
Q: The Costco bag was a mixture of partially used and full bottles? Did they all have liquid in them? Fleak: Yes.
Q: Some were partially used? Fleak: Correct.
Q: The IV from the IV bag. Last page of your worksheet. "IV bag from the IV stand."
Did it have liquid in it? Fleak: Yes.
Q: Did you have it fingerprinted? Fleak: I don't remember.
Q: This IV bag had some tubing coming down from it. Fleak: Yes.
Q:And in the tubing had an IV in it?
Fleak:Halfway from the tubing there was a clamp and that clamp had a syringe in it.
The plunger was depressed. I don't remember if there was a small amount of liquid in the syringe.
Q: Was the plunger completely depressed? Fleak: I don't remember exactly where it was.
Q: Was there residue? Fleak: I don't remember?
Q: Was there more tubing below that IV port? Fleak: Yes.
Q: Did that tubing have liquid in it? Fleak: I don't remember.
Q: Did the tubing above it have liquid in it? Fleak: Yes.
Q: Was that clear?Fleak: Yes
Q: Was the IV bag clear? Fleak: Yes.
Q: Did it have a milky appearance to it? Fleak: It was clear.
Q: When you went back on the 29th, was this the only thing you collected from the bedroom?
Fleak: Yes.
Q: One of the items, I think this bag, fingerprint dusted, the only [thing] you remember is from the IV bag itself?
Fleak: Yes. Remembers that the IV bag had about 1/2 to 3/4 full when it was hanging.
Q:It was open? Fleak:yes
Fleak: "There was a vial, with some medications."
Q: What was crumpled up? Fleak: The packaging.
Q: You described that as a bag of medical garbage? Fleak: Yes.
Q: All of these things, all of the vials, hand been used? Is that correct? Fleak: Yes.
Q: They were open and they had liquid in them? Fleak: yes
Q: In the main room, where was the IV bag on the stand that had the syringe in it? In that room? In this corner. (She's pointing to an exhibit on the screen with a laser pointer.)
Why wasn't that taken on the 25th?
Fleak: I wasn't taking anything that was injectable. I'm usually looking for pill bottles. At the time I didn't know what Propofol was when I was there. I didn't know it was injected intravenously. I didn't know it would be used to administer the drugs that were there.
Q: So you saw the IV drugs there?
Fleak: I saw bottles of medications.
Q: Asks about the "broken" syringe.
Fleak: I should have described it as "separate." It was not cracked it was not broken it was not defective in any way. They were just separate—the needle and the plunger.
Q: As you sit here now you would have described it as a broken syringe? Fleak: No I wouldn't
Q: Why did you collect that? Fleak: It was on the ground near the bottle on the ground.
Q: Did you ask for these things to be fingerprinted? Fleak: I don't remember?
Q: Is it part of your role to ask for things to be fingerprinted? Fleak: No.
Q: So (what is your role?) you collect and put away? Maintain custody?
Fleak: In a complete death investigation we have more responsibilities than just collecting and logging evidence. (A coroner's investigator) performs a body investigation, notifies families, performs a death scene investigation...
Q: On that day, did you notice the IV with the pole with the IV syringe?
Fleak: Yes I did.
Did you notice on the table some juice bottles? They were labeled the Naked Juice company.
Were they empty?
Fleak: Yes.
Fleak: I did not collect those juice bottles and I did not document what was in them.
Q: You left them there at the scene? Fleak: Yes. They were on the table next to the bed.
Q: And the syringe, was it in reachable distance of the bed?
How far was the syringe from the bed? Fleak: About 2 feet.
Q: Bottle of Propofol, how far was that? Fleak: I don't know if it was one foot or more
Q: Defense attorney asks, something about what about a 136 pound, 5'9" man, could they have reached it.
(isn't MJ 5'11?)
Did you take the Ambu bag into custody? Fleak: No I did not.
Q: The open box of disposable needles how close was that to the table? Fleak: Couple feet.
Q: So if that was on the table so you could reach that?
Fleak: Both vials on the floor were empty. No liquid that I could see. I could not see and I did not check the inside of those vials.
Q: When you seized these items, where did you take them? Fleak: To the coroner's office.
Q: What did you do with them? Fleak: booked them into evidence.
Q: Did you inspect them? Fleak: As far as the labels...
Q: Did you inspect them, as far as the portions? Fleak: No.
No additional witnesses today. The prosecution is ahead of schedule.
Back in at 9:00 a.m. Monday to discuss evidentiary matters. 10 a.m. for testimony.