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Testimony Ends in Conrad Murray Trial

Prosecution and defense have rested their cases.

Updated: Wednesday, 02 Nov 2011, 12:45 PM PDT
Published : Tuesday, 01 Nov 2011, 10:27 AM PDT

Los Angeles - Testimony wrapped up Tuesday in the involuntary-manslaughter trial of Michael Jackson's personal physician, and the doctor announced he would not testify in his own defense against the charge, which stems from the singer's 2009 death from an overdose of the powerful anesthetic propofol.

"My decision is that I will not testify in this matter," Murray told Los Angeles Superior Court Judge Michael E. Pastor outside the jury's presence.

Murray made the announcement after he was advised by the judge that the decision on whether to testify was his alone. Pastor told Murray he has "the absolute, individual, constitutional right to testify."

The decision of whether to testify "does not belong to a defense lawyer," Pastor told Murray. "... If you want to testify, you will testify."

Murray -- who told the judge Monday that he wanted more time to speak to his lawyers before making a decision on whether to testify -- said he had conferred with his attorneys.

Murray's lead attorney, Edward Chernoff, told the judge that the issue had been discussed many times.

Murray, a 58-year-old cardiologist, faces up to four years in prison if convicted of the felony charge stemming from Jackson's death at age 50 on June 25, 2009.

Prosecutors allege Murray gave the singer a fatal intravenous dose of propofol, then spent about 45 minutes on the phone or sending emails instead of monitoring him. Jackson, who was in Los Angeles rehearsing for a series of 50 concerts in London dubbed "This Is It," died from acute propofol intoxication.

In his opening statement, Chernoff said the evidence would show Jackson "self-administered a dose of propofol" after Murray left the room, which "created a perfect storm" and "killed him instantly."

Murray told police he only left Jackson's side for about two minutes to use the bathroom after giving the singer a 25-milligram dose of propofol that was slowly infused over three to five minutes between 10:40 a.m. and 10:50 a.m.

Just before a mid-morning break in the trial, defense attorneys wrapped up their questioning of their 16th and final witness, propofol expert Dr. Paul White, and then rested their case as court resumed.

In a brief rebuttal case, the prosecution called its own propofol expert, Dr. Steven Shafer, back to the stand to refute White's conclusion that lidocaine found in Jackson's body should have been gone if he had received a three-hour infusion of propofol, as the prosecution contends.

Shafer said his simulations showed lidocaine going in concurrently with propofol, saying it was "completely consistent."

The anesthesiologist also said a 2002 study ruled out the defense's hypothesis -- which was based on an earlier study -- that the amount of propofol found in Jackson's urine would not have come close to the amount he should have if he had gotten an infusion. White had said the figure was consistent with Jackson giving himself a 25-milligram dose of propofol within about an hour after receiving the 25-milligram dose from Murray.

Jurors -- who heard from 49 witnesses during 22 days of testimony -- are due back in court Thursday, when they are expected to begin hearing closing arguments.

Attorneys spent the afternoon meeting with the judge to discuss jury instructions and the admission of exhibits.

 

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