Conrad Murray Trial - Day 1 - Defense Opening Statement (Cont)

After the lunch break, Ed Chernoff resumes his opening statement for the defense:

Dr. White will tell you that both administration of Propofol is a matter of degree. Like with other medicines - with Tylenol, taking 1 might get rid of headache, but taking too many might get rid of your liver.

Propofol dissipates. Clinical effects disappear much more quickly than other drugs, regardless how much someone is given. When given 25mg, it will dissipate and not be in the blood in ten minutes. Same is true for larger amounts - after 10 mins, nothing is left. [I'm wondering why any was found at all, then.]

The amount found in toxicology is consistent with major surgery, invasive surgery. We believe experts, both state and defense, will say that is an amount larger than 100mg. You'll hear testimony from a coroner investigator of what was at the scene, things that were found.

We will demonstrate that it was not only improbable that there was a drip, but that it was impossible. So the question you will have in jury room will be, "How did Michael Jackson get more Propofol?" This is what you will wrestle with.

An act cannot be cause of death unless it's a "substantial factor." This is the language we believe you will have in jury room - you will be told that an act can only be a cause of death if it is the natural and probable consequence of the act, one a reasonable person is likely to know might happen if nothing intervenes.

We believe Dr. White will tell you that Murray could not have killed Jackson, could not be responsible for his death; that the amounts Murray gave weren't capable of causing death; that the precautions taken were sufficient; that if Murray had given such amount, it would not be measurable after ten minutes. Science will prove that there had to be more Propofol taken by Jackson when Murray left the room. If the drugs Jackson received on the 25th were exactly what Murray reported, would that have killed Jackson? Every one of them will tell you no, that there had to be more delivered/provided/taken by Jackson after Murray left that room.

The defense believes the delivery of that Propofol was by Michael Jackson himself.

We believe what happened with the Lorazepam shows the state of mind Jackson was in. It was in great, high amounts in his system. Murray gave him 4mg. If he'd given enough to Jackson to reach the level found in toxicology, he'd have to have given Jackson a huge number of shots [didn't catch the number per hour]. Amount in Jackson's stomach was four times greater than in his bloodstream. He had to have swallowed them for it to show up in his stomach, not by injection.

Because Murray wouldn't give him the Propofol he wanted, Jackson swallowed up to 8 pills on his own without permission from his doctor. When Murray left the room, Jackson self-administered an additional dose of Propofol, and it killed him instantly - no way to save him.

This is an emotional case. The whole thing is tragic, Chernoff says, but the evidence is not going to show Dr. Murray did it. He is an imperfect man, as we all are, but in this criminal court, he is not guilty. [End of Defense Opening Statement]