Lawyers 'seek Jackson trial delay'
Published 29/04/2011 | 21:52
Lawyers for Michael Jackson's doctor have told a judge they may need a delay in his upcoming trial because prosecutors have disclosed new witnesses with surprising scientific theories the defence did not anticipate.
Edward Chernoff and J Michael Flanagan argued that the new evidence against Dr Conrad Murray should be barred from the trial because it arrived too late.
Deputy district attorney David Walgren said that would be absurd and called the situation the defence team's own fault for refusing to delay the trial when he and the judge suggested it.
Among the new expert opinions proposed by prosecutors is that Jackson could not have caused his own death by swallowing the powerful anesthetic propofol because it is not absorbed through the intestines.
At a preliminary hearing earlier this year, the defence posed the idea that Jackson, desperate for sleep, swallowed the drug while his doctor was out of the room. Propofol is normally administered intravenously for surgery.
Superior Court Judge Michael Pastor said he would not exclude the expert testimony and declared he prosecution was not trying to "sandbag" the defence by disclosing the witness so close to the possible end of jury selection next week.
"This case involves sophisticated scientific issues," Judge Pastor said, adding it was likely that new theories would arise during discovery of evidence.
"I'm not surprised by the situation," the judge said. "I anticipated these problems when I was advised that this case was going to proceed within 60 days after the preliminary hearing."
Murray, who has pleaded not guilty to involuntary manslaughter in the death of the pop superstar, has insisted on moving forward quickly.
Mr Flanagan said he and Mr Chernoff now need additional experts to respond to the newly added prosecution witnesses.