27 September 2011

Conrad Murray Trial - Day 1 - State's Opening Statement

The Conrad Murray trial began today. Murray is charged with involuntary manslaughter based on gross negligence in his extreme deviation from standard of medical care of Michael Jackson. I'm live blogging as we go, so please forgive any typos. Will try to catch/correct as time permits. Please note that I am not in the courtroom (using a live stream).

David Walgren delivers the state's opening statement. Walgren says that Michael Jackson "literally put his life in the hands of Conrad Murray."  "That misplaced trust, in the hands of Conrad Murray, cost Michael Jackson his life."

Propofol and other drugs were administered by Murray on the date of Jackson's death. Levels of Propofol were similar to those for general anesthesia. Lorazepam also present in significant amount and heightened effects of Propofol.

The investigation centered on the day before and day of death. The day before, Jackson was strong and practicing "The Earth Song" at rehearsals. The next day, he was dead. What happened during that time frame? The actions of Murray directly led to Jackson's premature death.

Murray repeatedly acted with gross negligence and denied appropriate care to his patient. His repeated incompetent and unskilled acts led to Jackson's death.

Jackson was preparing for the "This Is It" tour, to begin in London. He wanted his children to have the opportunity to see him perform before a large crowd. Rehearsals began in May 2009 in Burbank with various members of production team. They then moved to The Forum for most of June, then moved to Staples Center.

Murray was a medical doctor. Was not anesthesiologist, was not board certified as cardiology specialist, nor any other specialty. Murray and Jackson met in Vegas in 2006. Murray treated Michael and his children for various minor ailments in Vegas. They maintained contact.

Offer was made for Murray to accompany Jackson on his tour. Murray wanted $5 million, but that was rejected and a counteroffer of $150k per month was offered and accepted instead. The contract, however, was never signed by all parties. Conrad Murray signed it June 24, 2009, but neither AEG nor Jackson reps had signed it.

Murray sent a goodbye mail to his clients saying that, due to a once in a lifetime opportunity, he was suspending his practice of medicine indefinitely.

What is Propofol? It's a general anesthetic. It's not a sleep aid or sleep agent - it's a general anesthetic. It is a wonderful drug if used by someone who knows what they're doing. It has a quick onset of sedation and rapid return to consciousness with minimal postoperative nausea.

Unfavorable properties must be respected by doctor administering such a dangerous drug, including respiratory and cardiovascular depression. If not knowledgeable and prepared, those dangers can become deadly quickly. Continuous monitoring is mandatory, according to the included prescribing information.

Propofol comes in 100ml and 20ml vials. For each ml, there are 10mg propofol. Murray sought out pharmacy, was not honest with pharmacist. Told him he had a clinic in CA, but it was actually the apartment of his girlfriend. Shipments began from Applied Pharmacy in Vegas to the apt of that girlfriend on April 6, 2009.

In that April 6th shipment were 10 of the 100ml vials and 25 of the 20ml vials. On April 28th, there was a shipment of 40 of the 100 ml vials and 25 of the 20ml vials. On April 30th, a shipment of 10 vials of lorazepam and 20 of midazolam.

May 10, 2009, Murray made voice recording on his iPhone. On that recording are the voices of both Jackson and Murray. The recording documents Jackson highly under the influence, with Murray nearby, recording on his phone. It reveals Murray's knowledge of Jackson's state on May 10th.

Walgren plays clip:

Audio is Jackson describing that he wants people to come to his show and leave thinking it was the greatest show and he was the greatest entertainer ever, and he wanted to take the money and set up the biggest children's hospital in the world. His speech is extremely slow and slurred.

Despite seeing Jackson in that state, Murray orders even more medication - a total of 45,000 mg of propofol. June 10th, Murray orders additional 50,000 mg of propofol. From April to June, he ordered 155,000 mg or 15.5 liters/4.09 gallons of propofol, all within span of 80 days. Based on those shipments, that equals dosing of 1937.50 mg of propofol per DAY.

June 19 2009, Jackson showed up in poor shape for rehearsal - chills, trembling, cold, rambling. Kenny Ortega was concerned. Had never seen Jackson in that state before. Jackson did not rehearse that day. Ortega put a blanket around him, massaged his feet to try to warm him. Jackson ended up going home because of his poor physical state.

Meeting was called at Jackson's house among Murray, Ortega and others the next day concerning Jackson's health. Murray scolded Ortega for his concern, told him to leave the doctoring to him.

Rehearsals did not take place 21st or 22nd, but did resume June 23rd. Video from that day shows Michael appearing strong, looking forward to the tour. The next day, same thing. Michael was excited because the next day they were going to practice an illusion for the show. He never returned to Staples Center.

Murray spent the night at Jackson's house every night for almost 2 months. In his own words, his purpose was to put Michael to sleep with Propofol.

Walgren shows the jury a diagram of Jackson's home, along with photos of rooms in the house, including Jackson's bedroom and the bed in which he died.

What transpired from 1:00am until Jackson's death the next day? Law enforcement investigation shows Murray very busy on the phone that night/morning, including phone calls, emails, text messages. There was an email from the insurance broker in London trying to collect medical records so they can get the insurance set up. Murray responded at 11:17am on June 25th, saying that reports about Jackson's poor health were "fallacious."

Walgren shows chart of phone calls made/taken by Murray that morning. For the couple of hours prior to his noticing Jackson dead, there was heavy phone use. At 12:12, Murray calls Michael Williams and leaves a voicemail to call right away. Williams returns call, and Murray tells him Jackson had a "bad reaction" to the medication. No mention of anyone calling 911.

Alberto Alvarez gets to the bedroom and sees Jackson in his bed, appearing to be dead, with Murray doing CPR with one hand. Jackson has a catheter in his penis. Murray directs Alvarez to grab vials of medicine and put in a bag, along with the IV bag. This was corroborated by LE during search - they found empty saline bag, slit top to bottom, with Propofol vial inside.

Alvarez was then told to call 911. He called at 12:20pm. Call was not made at 11:56 when Sade Anding put the phone down during their call, nor at 12:15 when Murray called Williams. Emergency response were on scene immediately after call, but it was too late. They did all they could to try to resuscitate him. Pupils dilated, no pulse. Murray said it had only just happened, that he had just been talking to him. When asked what he'd given him, Murray only said Lorazepam - never once revealed he'd given Propofol.

Murray rode along in ambulance and took over care en route. At ER, he was asked by doctors what Jackson had taken and what he'd given him. Murray said Flomax and Lorazepam. Said the only thing he'd given him was Valium. Never once told anyone there that he had given him Propofol.

Propofol bottle was found on floor of home, along with syringe on nightstand that tested positive for Propofol and Lidocaine. There were other prescription drug bottles there as well. There was also a Cardiology Board Review book found (text one would study to pass the exam to be board-certified in that specialty).

Initially, detectives were unsure what might've caused Jackson's death since toxicology had not yet been done. Murray met with detectives and told them he was Jackson's personal physician and was accompanying him on his tour. He told them that for over 2 months, he was giving Michael Jackson nightly doses of Propofol. In the two days since Jackson's death, it was the first time he ever mentioned to anyone that he'd administered Propofol.

Murray says he put IV in Jackson's leg to hydrate him. Valium at 1:30am; Lorazepam at 2:00am; Midazolam at 3:00am. At 4:30am he was still wide awake, and Murray says Jackson told him he had to get some sleep, even if it meant missing rehearsal, so Murray says he gave Jackson 25mg of Propofol, which would've put Jackson to sleep (according to experts) for about 10 mins.

However, Walgren says since Jackson told Murray to cancel the noon rehearsal and let him sleep, Murray gave him more than 25mg. Based on shipments of Propofol to Murray, he had been regularly giving him far more than 25 mg.

Murray said he went to the restroom and, when he came back, Jackson wasn't breathing. Medical experts call this "medical abandonment" (leaving patient on such medications unattended).

Evidence shows phone records detailing phone calls around this time, the same time he indicates he gave the Propofol. He was emailing insurance brokers saying poor health reports were fallacious, even while Jackson lay in the bed heavily sedated.

Murray said he didn't tell Williams to call 911 because he would've wanted to know what was going on and Murray had a patient he needed to work on, didn't want to waste time explaining.
Walgren says Murray acted with "gross neglicence," an element of involuntary manslaughter, in his actions/inactions regarding Jackson. Propofol is utilized in hospital setting, with appropriate equipment/personnel to revive a patient if something goes wrong - it's not for use outside that setting. Propofol is not an agent to relieve insomnia. Using it as such is an extreme deviation from the standard of care and is grossly negligent.

There was no monitoring equipment used for Jackson as is required when administering Propofol. What appears to be a pristine, unused blood pressure cuff was found. Murray was using the cheapest pulse oximeter without a monitoring screen. It would have at least sounded alarm when oxygen levels became dangerously low.

Propofol requires immediate access to all standard emergency resuscitation equipment - crash cart, automatic defibrillator, emergency respiratory rescue (trach tube, etc.).

Benzodiazepenes combined with Propofol heighten the effects of Propofol and add to the danger. Again, all with no monitoring equipment. Extreme deviation from the standard of care amounting to gross negligence.

In addition, no informed consent signed by patient indicating they are aware of risks. Another extreme deviation from standard of care. Charting and documentation absent - extreme deviation of standard of care. Basic common sense requires 911 be called immediately, but not done - another extreme deviation from standard of care that amounts to gross negligence.

Walgren says there was no doctor-patient relationship wherein doctor advises the patient and refuses to provide inappropriate care, and even walk away if necessary. Instead, it was employer-employee relationship, where Murray wasn't working for the health of Jackson but for $150k per month. He was an employee and acted as such, did not act as medical professional. Egregious and unethical violation of standard of care.

Walgren says Murray deceived paramedics. Never mentioned Propofol, even as they worked to bring him back to life. Extreme, unethical, unconscienable violation of standard of care. Same when asked specifically by emergency room doctors - he made no mention of Propofol.

Doctors will tell you that Murray's actions (or lack thereof) represent unskilled, non-medically trained professional. His breaches of duties directly resulted in Jackson's death. Gave Jackson unlimited access to Propofol without regard to Jackson's safety or life. He acted with an extreme departure from standard of care that resulted in Jackson's death.

Murray had a legal duty of care to use his best judgment, to "do no harm" to Jackson. Instead, with eye on lucrative contract, he agreed to provide Jackson with massive doses of Propofol on regular basis. Murray figuratively and literally abandoned Jackson on June 25, 2009. He left a vulnerable man, filled with all those medications, with no monitoring equipment - left him there to fend for himself. It violates not just every medical standard, but decency of one human being to another.

Murray's gross negligence and unskilled hands, along with desire for lucrative contract, led Murray to not only abandon his patient but all principles of medical care. His actions and omissions to act directly caused Jackson's death. State asks for guilty verdict of involuntary manslaughter based on Murray's gross negligence.

1 comment: