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Updated: Monday, 17 Oct 2011, 11:56 PM PDT
Published : Monday, 17 Oct 2011, 10:11 AM PDT
Los Angeles - Jurors in the involuntary manslaughter trial of Michael Jackson's personal physician will have another day off tomorrow -- this time to allow the defense to consult with its experts involving a study done last week at the prosecution's behest.
Los Angeles Superior Court Judge Michael E. Pastor agreed to allow Dr. Conrad Murray's attorneys time to discuss with its experts the new study done by the Los Angeles County coroner's office on Jackson's stomach contents.
The seven-man, five-woman jury had the day off today because the prosecution's final witness, Dr. Steven Shafer, needed the day off as a result of his father's death last week.
Pastor instructed attorneys to return to court for another hearing Tuesday afternoon and said he planned to recess the trial until Wednesday morning. He said jurors would be instructed to call the court after 3 p.m. Tuesday to double-check the schedule.
Deputy District Attorney David Walgren told the judge the new study involving Jackson's stomach contents and the drug lorazepam was commissioned as a result of the defense's cross-examination of the coroner's supervising criminalist, Dan Anderson.
The prosecutor said he understood that the test results turned over Friday showed that it was "totally inconsistent" with the defense's claim that Jackson had given himself eight lorazepam tablets, and that the defense had brought the issue before the jury.
"Frankly, as of today, we don't know what it means," one of Murray's attorneys, Edward Chernoff, told the judge, describing it as a "brand new toxicology report."
"We have to have the ability to address it," Chernoff said, suggesting that the prosecution instead bring up the issue in its rebuttal case once the defense rests its portion of the case.
The judge noted that Murray's attorneys told him they hadn't had enough time to address the matter, saying he does not like generally to just tell lawyers to address an issue in their rebuttal case.
Murray, a 58-year-old cardiologist, is charged with a felony count of involuntary manslaughter stemming from Jackson's June 25, 2009, death as he was in Los Angeles to prepare for his upcoming series of 50 concerts, dubbed "This Is It," in England.
Toxicological testing done by the coroner's office determined that Jackson's death was caused by acute propofol intoxication, with "benzodiazepene effect" as a contributing condition, a deputy medical examiner testified last week. Dr. Christopher Rogers told jurors that the sedatives lorazepam and midazolam were found in Jackson's system, along with propofol.
Prosecutors contend that Murray gave the pop legend a fatal dose of the powerful sedative propofol, then left him unattended to make phone calls and send emails.
Defense attorneys say Murray left Jackson's side only for about two minutes to use the bathroom and insist that he was trying to wean the singer off propofol, which Jackson called his "milk" and used to combat insomnia.