Judge Denies Murray's Bid For New Testing

Los Angeles - A judge today rejected a defense motion to test a tiny amount of residue remaining in the bottle of propofol that prosecutors said was administered to Michael Jackson the day the pop superstar died from an overdose of the powerful anesthetic.

Defense attorney J. Michael Flanagan argued that testing the milky white liquid remaining in the bottle for lidocaine and propofol was essential to confirming the validity of the prosecution's theory that Dr. Conrad Murray gave the singer an intravenous fatal dose of propofol on June 25, 2009, then left the singer to die.

Judge Michael Pastor denied the request, asking Flanagan why he did not move to have the vial tested prior to Murray's conviction for involuntary manslaughter two weeks ago.

"You're not involved in fishing -- you're involved in foraging," Pastor told Flanagan, adding that "there is no justification" for the court to allow further testing.

"You had this information during the trial ... and you didn't seek to have this exhibit tested," the judge said.

Dr. Steven Shafer, a prosecution expert witness, told jurors during the trial that Murray left Jackson on an IV drip of propofol and lidocaine, which eventually killed him.

Flanagan said if testing showed there was no lidocaine in the vial, then the defense theory that the singer self-administered a fatal dose of propofol from that vial would be bolstered.

"If we can show there was no lidocaine, it refutes the theory that a (long-lasting) infusion was given," Flanagan said outside court.

Such a result "could" have changed the outcome of the trial, he said.

"We want to confirm or negate the accuracy of the prosecution's theory," Flanagan said.

Pastor also rejected a defense request to order the vial refrigerated in the coroner's office for potential use during the appellate process.

The judge said the heat-sealed exhibit would remain in the custody of the clerk's office.

Pastor is scheduled to sentence Murray on Nov. 29. The 58-year-old Houston cardiologist could receive a minimum sentence of probation up to a maximum of four years in prison.

Flanagan said he planned to call character witnesses to testify on behalf of Murray during the sentencing hearing.

Flanagan told FOX 11's Hal Eisner that losing the case was the biggest disappointment in his career, and that he was disappointed that today's motion was denied.

Flanagan was also pretty candid about how he and lead Murray attorney, Ed Chernoff, had a falling out during the trial.