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Defense Expert: Murray Deviated From Standard of Care

FOX 11 News video report.

Updated: Monday, 31 Oct 2011, 6:04 PM PDT
Published : Monday, 31 Oct 2011, 7:19 AM PDT

Los Angeles - Michael Jackson's personal physician deviated from the accepted standard of care in the months leading up to the singer's death and on the day the entertainer died, a key defense witness acknowledged today.

Testifying in Dr. Conrad Murray's involuntary manslaughter trial, Dr. Paul White told jurors he had never heard of anyone administering the powerful anesthetic propofol in a patient's bedroom and had never done it himself. He said he would not administer propofol in a home setting.

"Without careful bedside monitoring, it could be dangerous," the veteran anesthesiologist testified when Deputy District Attorney David Walgren asked if it would be extremely dangerous to administer propofol with an IV drip for about two months.

In his interview with two Los Angeles police detectives two days after Jackson's death, Murray said the highest amount of propofol he had been giving Jackson before "starting the (IV) drip on him" was 50 milligrams. But he said he gave the singer 25 milligrams -- half of the previous dose -- the day of his death because he had already given him other medication and had been trying to wean him off propofol.

Murray told police he monitored Jackson carefully for a time, left the bedroom for about two minutes to use the bathroom and then returned to find Jackson was not breathing.

The defense has contended that Jackson gave himself the fatal dose of propofol while Murray was out of the room.

In his third day on the stand, White said he believed that Jackson injected himself with a syringe that Murray had already drawn up -- likely while the doctor was on a series of phone calls that Murray did not discuss with police.

White also said that given Murray's statement that Jackson had expressed familiarity with propofol and how to use it, a doctor should be careful about giving such a patient access to the medication

"It would certainly make me careful about allowing access to (propofol)," he said. "... No, I would not leave the room."

When asked if it was an extreme deviation from the standard of care for Murray not to keep medical records of his treatment of the singer, White answered, "I think it's a deviation from the standard of care. ... I would say it's perhaps between minor and serious, not extreme in my opinion."

White also conceded that if he had been in Murray's position, he would have "immediately" called for help when he discovered that the singer had stopped breathing, adding that he could not justify any delay in making such a call.

But he added, "I think he should have called 911 sooner. ... I do not, however, think it would have made any difference in the outcome of this case." Under renewed questioning by defense attorney J. Michael Flanagan, the defense expert said propofol intoxication usually occurs as the drug is being administered or shortly thereafter.

White said it could have been a simple oversight by Murray not to mention to paramedics and emergency room doctors that he had given propofol to the singer. White added later that it wouldn't have changed either the treatment of Jackson or the outcome.

Dr. Steven Shafer, an anesthesiologist who testified during the prosecution's case, said earlier in the trial that Murray's failure to keep medical records and to call 911 for help were among 17 "egregious" violations by the doctor during his treatment of Jackson, and that Murray's failure to notify emergency personnel that Jackson had been given propofol showed that he was putting himself, not his patient, first.

White said he speculated earlier this year in "preliminary thoughts" after first being consulted that Jackson may have died from drinking propofol or self-ingesting the drug, but said he has since ruled out the theory that Jackson swallowed the anesthetic.

He has disputed Shafer's theory that Jackson was being given an infusion or "drip" of propofol that was continuing even as the singer was dying.

White testified last week that he believed the evidence showed the entertainer had rapidly given himself 25 milligrams of propofol less than an hour after Murray slowly infused 25 milligrams of the anesthetic into his system. He also said Jackson had taken eight tablets of the sedative lorazepam in the hours leading up to his June 25, 2009, death from acute propofol intoxication.

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

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 was in Los Angeles rehearsing for a series of 50 concerts in London dubbed "This Is It."

In his opening statement, defense attorney Edward Chernoff countered that 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.

Today's exchange between Walgren and White got testy at times.

When the prosecutor asked who was responsible for bringing propofol into Jackson's home, the defense witness responded, "Well, Conrad Murray certainly purchased propofol. I understand Michael Jackson had his own supply as well."

Los Angeles Superior Court Judge Michael E. Pastor sent the jury out of the courtroom, then chastised White for making comments that were linked to the expert's own conversations with Murray -- which are not in evidence. He noted that White had been admonished by Murray's attorneys not to bring up his subsequent discussions with Jackson's physician.

"It's clearly deliberate. It's not going to happen again," the judge said. "He's trying at every juncture to add in other material ... I don't like it."

Just before a lunch break and again outside the jury's presence, the judge scolded White for telling jurors he would like to explain something to them but that the judge told him that he couldn't.

"That is a direct violation of my order and, quite frankly, constitutes contempt of court," Pastor said, noting that he was prepared to fine White $1,000, but would give him an opportunity to address the issue Nov. 16.

The defense's expert on propofol had already been ordered by the judge to come to court next month for a possible contempt hearing for making comments to the media about the case outside the courtroom -- against strict rules set down by the judge.

On the stand today, White said he has been paid about $11,000 for his work for Murray's defense.

White is expected to be followed on the stand by an expert who developed models used by the defense during White's testimony about the amount of propofol found in Jackson's urine.

As the court session drew to a close outside the jury's presence, the judge again informed Murray of his "absolute right to testify" as well as his "right to remain silent."

"I will still need more time to talk to my counsel about it," Murray said.

The judge noted that he would be asking Murray again for his decision.

The prosecution is expected to call one of its key witnesses, Dr. Steven Shafer, back to the stand in its rebuttal case, with the evidence expected to be wrapped up Tuesday, the judge said.

 

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