Murray Trial (Synopsis) | Day 3

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Chernoff, the defense attorney looked at the easel that contained all the small events that happened before Alvarez dialed 911, which they determined to have been 12:20PM. There were 14 items on his board. He just had to ask, “Did you do all this in one and a half minutes?” Like a sharp whip, Alvarez replied, “I’m very efficient, Sir.”

June 30, 2011, Day Three of the Conrad Murray trial, the jury saw the prosecution call two witnesses to the stand - Alberto Alvarez and Kai Chase.
ALBERTO ALVAREZ
Mr. Alvarez is the Director of Logistics and a member of MJ’s security detail. He has been employed by the Jackson Family sporadically since 2004 until he was hired on full-time at the end of December 2008. In the days preceding MJ’s death he was responsible for shuttling the artist to rehearsal venues and assisting the security detail. This morning’s witness examination was conducted by Deputy District Attorney David Walgren.

Some of the most damaging testimony to date was offered in court by Mr. Alvarez, this morning. He was the first member of the security detail to arrive at MJ’s side after the artist was discovered unconscious the day he died. During questioning, he was able to recall a step by step account of the critical moments prior to MJ being transported to the hospital. Under questioning, he appeared to have excellent recall of the chaotic moments.

Mr. Alvarez testified that on the afternoon June 25, 2009, the day of MJ’s death, he was sitting inside the security trailer when he got a call from Michael Amir Williams. Corroborating phone records showed that the call was received by his phone at 12:18PM  but went straight to voicemail. There were two calls placed from his phone to Mr. William’s phone both timed at 12:18. Then, there was another call recorded also on 12:18PM lasting 88 seconds, now determined to have been the conversation between him and Mr. Williams.

Something had gone wrong and Alvarez was commanded by Williams to enter the house and go upstairs. "Alberto, where are you?", Williams asked. "In the security trailer", he replied. "Get up quietly and go to the front of the house". “Run”, Williams asked him.

He said that it was very unusual for the security detail to stay long inside much less go upstairs. In the last 6 months, he said he only went upstairs twice to escort MJ’s hair-dresser. So, before he went upstairs, Alvarez asked him, “Are you giving me permission to go upstairs?” Williams answered in the affirmative.

When he entered MJ’s room, he observed Dr. Murray giving the artist chest compressions. At some point, the the doctor looked up and said, “Alberto, we have to get an ambulance”. As he walked closer Paris and Prince followed behind him. Upon seeing the artist in that condition, Paris screamed - “Daddy” and started crying. The doctor implored, “Don’t let them see their father like this.” He also told Alvarez that the artist “... had a reaction.”

Laying right before him was a terrible sight. He said that MJ had his mouth and eyes open. Attached to his penis was a plastic bag, later described by the defense attorney as a “condom catheter”, a devise used so a person does not have to get up to urinate. There were tubes in his nose, for the oxygen. On his leg was a tube and a catheter for the I.V.

The 911 was made at 12:20PM by Alvarez himself.
LISTEN TO THE 911 CALL

The following medical equipment and devices were determined to have been in the room:

Ambu Bag
Condom Catheter
Pulse Altimeter
Oxygen Tanks
IV Stand with 2 bags on it
Several vials of pharmaceutical products

Before the paramedics arrived, Dr. Murray gave Alvarez a number of vials and said, “here do something with these.” He directed Alvarez to put them in a bag. Alvarez held a brown bag open where the doctor placed all the vials. Alvarez was then asked to place the bag in another blue bag.

Alvarez was also instructed to remove an IV bag from the stand. What he saw next was something he thought unusual. Inside the IV bag was a 100 ml vial of Propofol. It was set a quarter sideways inside the bag. At the bottom of the IV bag contained what he described as “white substance”. We now deduce that vial to be Propofol, which is also known as “milk of amnesia”.

They were at the hospital for several hours after MJ was transported. He testified to having a conversation with Dr. Murray who thanked him for his help. To which he replied, “We tried our best.” He was also later approached by the doctor who asked to take him home. He didn’t answer, requiring the doctor to direct the question to Williams who was standing within earshot. The doctor was told that the police had taken their keys.

The next line of questioning sought to give the jury a perspective of how things have changed for Mr. Alvarez since MJ’s death. “Has anything good come out of this?”, Walgren asked. he testified to having been offered money including $200,000 by National Geographic for an interview. There were several he said. The highest being $500,000. All of which he turned down. He told the court that he has experienced financial difficulties since and hasn’t been able to get constant work. He used the phrase “financially wiped-out.”

The defense had their hands full this afternoon. Alvarez appeared to have been a credible witness. He was articulate, precise and appeared to be truthful. He was also a security guard for the stars which meant that he was screened beginning with a background check. He even elicited laughter from the court when the prosecution showed as exhibit a drawing he produced depicting an IV Bag. “Is this your drawing” the defense asked pointing at a piece art reminiscent of grade school. “I’m embarrassed to say, but yes”, lightening the mood in the court room.

The defense had to find inconsistencies in his statements to cast doubt on Alvarez’ testimony. The cross-examination was conducted by defense attorney Edward Chernoff.

The defense asked many questions, seemingly probing for a weakness in the armor. Most of the answers did not vary from the earlier testimonies. But Chernoff had keyed in on the moments between the moment Alvarez got a call from Williams until he called 911. During the questioning he wrote 14 specific actions that Alvarez testified to have done.

The easel filled up with a written representation of the various things Alvarez did before calling emergency.

1.   I WALKED IN THE ROOM
2.   IN SHOCK
3.   REACHED FOR PHONE
4.   ESCORTED CHILDREN
5.   COMFORTED CHILDREN
6.   WALKED TO DOOR
7.   CLOSED DOOR
8.   DR. MURPHY SAID “BAD REACTION”
9.   FROZEN
10. PICKED UP PLASTIC BAG
11. PUT PLASTIC BAG INTO “BROWN BAG”
12. WALKED TO IN STAND - COUPLE STEPS
13. TOOK DOWN IN BAG
14. PUT IN BAG IN BLUE BAG

At some point during the re-direct Chernoff asked, “You did all this in one and a half minutes?” To which he retorted, “I’m efficient, Sir.” The defense was trying to show the jury that either it was physically impossible or that he had the times confused. He even placed the easel in a location that was hindering the view of the jury, requiring the judge to ask if he was done with it so it can be moved.

The next line of questioning brought up the fact that the “white substance” was not mentioned to the police until after Alvarez saw a show on CNN discussing it. Defense was also able to draw out that the he didn’t say anything about putting vials in the bag the day he was first interviewed by the police on June 25, 2009.

“Can you think of any reason why you wouldn’t conspire with Dr. Murray?”

Objection.

Sustained.

KAI CHASE

Ms. Chase is the Personal Chef of MJ and his family. She was trained in France at a Culinary School of Cordon Bleu. She was at the artist’s residence when MJ was discovered unconscious. She was examined by Deputy District Attorney Deborah Brazil.

The prosecution set out to show the jury a picture of a man who lived a healthy lifestyle and an artist who was particular about the food he ate. He had a routine that called for a serving of granola, almonds and milk breakfast. He had a favorite smoothie drink called an “Organic Beet Juice Blast” that he had regularly.

Ms. Chase testified that she usually arrives at the Jackson Residence between 8:00AM - 8:30AM six days a week. She would enter through the front gate by calling on the security through a call box. She would then be escorted inside the compound by the security team. On the day MJ was found unconscioius, she could not recall who escorted her but remembered that she was let into the home by MJ’s children.

Upon her arrival, Ms. Chase would proceed to prepare for the day’s meals. Several times a week she would do her marketing and acquire the foodstuff that she will use in the coming days to prepare the meals.

Through the testimony of other witnesses, it was established that Dr. Murray stays overnight at the Jackson residence several days a week. Ms. Chase said that it was not uncommon for the doctor to come downstairs to the kitchen in the morning to get the juice for the artist.

On the 24th of June 2009, the day before MJ’s death, she arrived at the residence at the same time and engaged her work the same way she did every day. She prepared all the dishes including an “Ahi Tuna Salad” that the artist brought with him to the rehearsal that day. She also prepared a “Tuscan White Bean Soup” that evening and left it in the refrigerator in case the artist returned that evening hungry. She noted that she returned the next morning and the soup was still there.

On the 25th of June, the day of MJ’s death, she arrived at the residence between 8:00AM to 8:30AM. She prepared breakfast and then went to do her marketing and returned at 10:30AM. Asked by the prosecutor whether or not there was anything unusual happening when she returned. She said that she didn’t feel anything unusual and that it was a happy home. She proceeded to prepare that day’s lunch menu knowing that the artist prefers having lunch at around 12:30PM.

At around 12:05 -12:10, she heard the frantic calls of Dr. Murray who was rushing down the stairs from the upstairs bedroom. She characterized his state as “nervous, frantic and shouting.” He yelled at her, “Get help. Get security. Get Prince.” She proceeded to grab Prince. The prosecution asked how she was able to determine the time. She said that she had her phone in her Chef’s Bistro Apron pocket.

On the prosecutor’s prompting, she said that “ … her heart was still broken. It was a devastating day for me.” She made the disclosure that several foreign television programs had paid for her appearance on their show. She appeared on cooking shows around the world including France, Germany and others. In total she said she was paid $7,000.

She also appeared on shows here in the US including the Today Show, Good Morning America, Larry King and others but did not receive compensation for her appearances.

On cross-examination, Mr. Chernoff confirmed her earlier testimony by essentially asking the same questions, perhaps looking to find variances in her story. Then, he shifted to a series of well placed questions. He first established that there were no land lines inside the home. Then, he asked, “If something happened to you (at the residence), who would you call? She said that she would call Michael Amir Williams, MJ’s Personal Assistant. She said that she didn’t have any other phone numbers and that everything went through M. Williams.

Chernoff then asked why she didn’t call 911. She said that the doctor screamed. “Get help. Get security. Get Prince.” She said that she got Prince, MJ’s son. What did you do after? I went back to the kitchen and went back to work.

R|J’s Note: The defense did not ask whether or not there was fire on the stove. But since this was happening right around the time the artist usually has lunch, it infers that she was preparing a meal.