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Dr. Paul White in court. 10/28/11 | myFOXla.com

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Judge Fines Murray Defense Expert For Comment

Updated: Wednesday, 16 Nov 2011, 10:39 AM PST
Published : Wednesday, 16 Nov 2011, 10:39 AM PST

Los Angeles - A defense expert in the trial of Michael Jackson's personal physician was ordered today to pay a $250 sanction for telling jurors he had been asked by the judge not to testify about his own conversations with the singer's doctor.

Los Angeles Superior Court Judge Michael E. Pastor found that Dr. Paul White, the defense's expert on propofol, violated a court order during his Oct. 31 testimony before the jury that heard the involuntary manslaughter case against Dr. Conrad Murray.

Shortly after the judge warned White not to speak about his conversations with Murray, White told jurors that he had been asked by the judge not to comment on anything he learned from speaking with Jackson's doctor.

"I find that there was a violation of a lawful court order in this case," the judge said.

The judge said he had initially considered a $1,000 sanction against White, but decided to lower the amount after hearing from White and one of Murray's attorneys, J. Michael Flanagan.

White told the judge he had done his best to answer questions that were posed to him and had no idea he was violating a court order by mentioning what the judge had told him.

Flanagan told the judge that he did not think the admonition was "crystal clear," noting that he had unsuccessfully asked to be able to talk to White before he resumed his testimony.

"There wasn't any intentional deception here or violation of the court order," Flanagan said.

Deputy District Attorney David Walgren countered that White "blurted out" the statement after he had already been admonished not to discuss anything about his conversations with Murray and that it was "intentional" and "deliberate."

The judge said White has until Dec. 16 to pay the $250.

Pastor said he had decided not to go forward with proceedings against White involving a media report alleging he had used the word "scumbag" during a court break Oct. 20 -- the day the prosecution's key propofol witness, Dr. Steven Shafer, was on the stand. The judge said he found that was "not direct contempt" and did not want to further address the issue.

Meanwhile, possible contempt proceedings are set Nov. 29 for Matt Alford, who is a partner in the law firm of Murray's lead attorney, Edward Chernoff.

Alford had been ordered Sept. 30 to return to court for further proceedings after Alford spoke about the case with Ann Curry of NBC's "Today" show during the trial.

During the interview, Alford criticized testimony by one of Jackson's security guards, Alberto Alvarez, and said "his story has continued to evolve over time."

Alford failed to show up for a scheduled court hearing Tuesday. The judge said he would order -- but hold -- a body attachment for Matt Alford after hearing that a telephone message had been left for the court that he was in trial in Houston.

The judge said he expected to get "written verification" about where Chernoff is engaged in trial and what efforts he made to try to notify the bench officer in Houston about his court date in Los Angeles.

Following the interview, the judge issued a strong warning to attorneys and told them that they and their support staffs were not permitted to comment on any aspects of the case.

Murray remains jailed while awaiting sentencing Nov. 29. Jurors convicted the 58-year-old cardiologist of involuntary manslaughter in Jackson's June 25, 2009, death from propofol intoxication.

 

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