Courts, Murray and Wikileaks

The weekend was spent producing a site for the purpose of compiling information about the Dr. Conrad Murray Trial. We launched the site called “Murray’s Tribulations” last night but had to take it off-line within an hour after discovering some links were mysteriously being directed to the wrong site or were not working properly (disruptive technologies galore). We’ll launch that site before the end of this week.

I’ve gotten quite fascinated by the Murray case that I now see it as an effective way to learn about the subtleties of litigation work. One of the questions that I was trying to answer was whether or not a system could be created so the same level of advocacy could be advanced by a person in a trial setting even if they do not have a background in the law. In other words, if a person had to bring an action to court as the litigator because he or she does not have money, could that person produce the same level of work as an experienced litigator? The jury is out on that one, but the idea of a wannabe litigator walking in a trial court and winning a complex case is a long shot. Apart from the technical aspects of litigation, such as knowing the local rules of court and evidence rules, a person must have a particular set of traits and skill-sets unique to trial lawyers. Unfortunately, that does not bode well for the majority of Americans as it means that the system is stacked in favor of those who have the financial means.

An important realization came to me several months ago that I wasn’t going to be able to go to law school. If I want to become a litigator, I’ll have to find an alternative way to become a lawyer in a short amount of time. Thus, I spend hours upon hours watching the Conrad Murray Trials, trying to dissect the case and discover the formula for winning cases. It has renewed my purpose and focused my efforts towards pursuits that are consistent with our goals. We'll just have to refine our approach so we can get more done with less.

Accordingly, the success of ROBERTS|JUSTICE will depend on being able to do two things very well. First, we must be able to do exceptional litigation work. Second, we must become a great provider of news and information. So, our mission is evolving into a hybrid that includes the following elements:

• To be the most trusted source of news and information about the US criminal-justice system.
• To uncover and expose abuses in the criminal-justice system and in government.
• To reform the US criminal-justice system.
• To serve as advocates for those who are aggrieved and could not afford.
• To ensure the government's adherence to the US Constitution.

Achieving this goal is not going to be easy. Consider what the US Justice Department and other government organizations around the world are now doing to Wikileaks. Under the mounting weight of pressure and disruptions they’ve just announced that they have lost 95% of their revenues because their bank accounts have been closed. As a result, they have made plans to curtail their services, meaning less embarrassing information about the government will be released. That can’t possibly be good for America.

I am very much familiar with the considerable armada used by the government to suppress potentially embarrassing information. That’s precisely where I find myself today. Until recently, I had in my possession information about the FBI and their corrupt relationship with judges and the judicial system. Now, all my possessions are gone, all I have are two bags of belongings. Gone were all the case files and information that the government does not want the public to see. Using government assets, they have sabotaged just about every opportunity that came my way, throwing me a bone here and there so I can have barely enough, so I do not starve.

So, to Wikileaks, I say this: You are most definitely making the framers of the Constitution proud. Keep at it. Keep hammering. Keep embarrassing the hell out of the government. They derive their powers from those who give them consent. It isn’t the other way around.

The Jackson Connection

My connection with Michael Jackson goes all the way back to my days in Manila. I was first exposed to his work around the time I first started learning how to dance. I was at a party one evening and one of my mischievous friends pushed me in the middle of the dance floor, in front of a girl who was already dancing. It would have been too embarrassing for me to retreat that I took on the challenge with all the ridiculous abilities possessed in my being. I remember flailing my arms in every conceivable direction and folding my legs so my foot was pointing backwards and then stepping forward and skipping. That was my version of a free-flow dance - indigenous style. Nobody had an inkling it was actually the first time I had ever danced in my life. I was so nervous that I could not even remember much about the 3 minutes of debauchery I perpetrated on the dance floor that evening. But I do remember listening to some of MJ’s tunes at the party.

Fast forward to October 2011 and here we are watching the testimony of witnesses, trying to piece together the circumstances surrounding his death. There were no prior plans to actually blog about it, much less to do a thoughtful piece. But things usually land on our laps, gently prodding us to figure out why we’ve met up with the information. I was surfing the net and ended up on CNN’s homepage and eventually the live feed from the Los Angeles courthouse. I started taking notes and as of this writing I’ve accumulated 148 pages of shorthand and difficult to decipher handwritten notes reminiscent of college lectures. What a great opportunity it turned out for me to learn from some of the country’s best attorneys.

In the criminal-justice system, the small "M" - for manslaughter - carries severe consequences enough to take a piece of a person’s life away, incarceration being the most probable. For the juror’s careful consideration is the fate of an individual who “The People” have accused of causing the artist’s death. This makes the advocacy inside the courtroom some of the most riveting. There were great exchanges - rapid fire witness examinations from both the prosecution and the defense - questioning and redirecting to get the witness to say something favorable to their case. With my laptop as my screen and earphones for listening, it took but an instant to understand that I was ringside for one of the great court battles of the year. For a student of the law such as myself, the cafe I frequented became my virtual classroom. 

Around the second week of the trial, I heard testimony that made me consider a number of important issues. For instance, the chief coroner, Dr. Christopher Rogers reported that MJ had 0.169 ug/ul of Lorazepam in his blood work. Through careful questioning the defense helped me determine that the amount would equate to 9-10 pills. Oddly, Dr. Murray had stated previously to having administered 4 pills the evening before MJ’s death. That begs this question. Was it even probable that Dr. Murray handed MJ 9-10 pills? And, why didn’t the coroner find a enough digested Lorazepam in his stomach to be consistent with that amount? That along with many other questions became the basis for the decision to create a “Special Report Series” about this trial. Such work can be time consuming, requiring us to research and investigate contradictory information being offered to the court. For instance, did you know that the date tag on one of MJ’s coroner pictures was erroneously dated? That seems ministerial and could easily be corrected. But, if that’s the case what other pieces of information on the coroner’s report was erroneously recorded and should be corrected? Is it enough to ultimately affect the results of this case?

You now get a sense why this needs a more thoughtful approach than mere blogging will afford us. Despite the fact that this is actually our first attempt at legal analysis, we will put our most devoted effort to this project. Unlike Leonardo’s Mona Lisa (took 4 years) and the other projects we have on the hopper, we will endeavor to publish it with the least amount of delay.

Tuesday Brief (October 11, 2011)

We got hit by a double whammy last week. I contracted a form of coughing cold that slowed me down a little bit. I tried to follow the Conrad Murray Trials and made copious notes while it was happening live. Half the time I was nodding off, the results of lack of sleep and physical fatigue. Fortunately, I was able to find a site that posts segments of the trial, which I could now utilize for this series. That should get us caught up in a few days, before the defense starts calling its witnesses to the stand.

The other reason is that our system (R|J Blog) was being tampered with remotely. I have taken screen shots of some very strange and disruptive things happening to our computer and stored information. For a long time, I’ve suspected a sort of screening system preventing people from viewing our site in its entirety. We have now found evidence of this being done to our referring site - www.robertlacambra.com. We’ve also discovered evidence of tempering on our YouTube and Twitter pages causing data to be altered and viewers deprived of our information. We’ll report on this as we continue our series on the FBI. We’ll include screen shots we’ve taken documenting various altered states.

Have a great rest of the week.

Murray Trial (Synopsis) | Day 4

I felt he was dead, Maam. (Fireman Martin Blount to Prosecutor Deborah Brazil)

September 30, 2011 - Day 4 of the Murray Trial.
Prosecution calls to the stand Robert William Johnson, Robert Russell, Richard Senneff, Martin Blount and Richelle Cooper, MD. Dr. Cooper's testimony will resume on Monday. R|J will have a synopsis of her testimony after the conclusion of her appearance.

ROBERT WILLIAM JOHNSON
Mr. Johnson is the Director of Regulatory Affairs for Nonin Medical, a Plymouth MN based manufacturer of medical equipment. He is responsible for regulatory compliance, clinical research, quality assurance and product approval with the FDA and other regulatory organizations worldwide. Nonin Medical is the manufacturer of the pulse oximeter found in the bedroom of Michael Jackson the day he was discovered unconscious. Mr. Johnson was examined on the witness stand by District Attorney David Walgren.

The primary objective of any prosecuting team is to attach the blame exclusively on the suspect so named on their complaint. Because this is a criminal proceeding and the standards require the showing of “beyond a reasonable doubt”, all uncertainty as to who is ultimately at fault must be removed. This means depriving the defense the chance of deflecting blame and passing it on to anyone else. Since this case have a medical dimension, the question of faulty equipment or an erroneously prepared instruction manual has to be resolved so the jury can arrive at one and only one conclusion - that the doctor, with the actions he took is solely responsible for the artist’s death.

Walgreen began his examination by asking Johnson about his background, laying the foundation for a series of medical equipment related questions. He then showed the jury “People’s Exhibit 33”, a picture of the Nonin 4500 Pulse Oximeter, an instrument that measures a patients pulse and blood oxygen saturation level.

“Is that the Nonin 4500? What is that model for? How many models of pulse altimeters do you have?”

He worked up a crescendo, asking the same question of other models. He went up the ladder, introducing the jury to more and more expensive equipment that featured a higher level of sophistication. Little by little, it became clear why he called Johnson to the stand. It was to show that Dr. Murray did not have the right equipment to properly monitor MJ. The artist slept next door to him. And it came down to a $275 piece of equipment that measured pulse rate but did not have an audible alarm. Furthermore, the Nonin 4500 Pulse Altimeter was only meant for “spot checking”, Johnson said. Without asking it directly, he posed the question to the jury. Had an alarm been heard the moment MJ’s heart stopped, could the artist be alive today?

The defense’s Flanagan had to clear the question about the adequacy of the Nonin 4500. It goes to the competence and the judgment of the doctor. “What do you mean by spot checking? Does it detect change? What do you mean by continuous? Is there a time limitation?”

Spot checking means that the instrument is only supposed to be used for limited consultation to determine a pulse rate every now and again. It is not supposed to be left on a patient for extended periods of time. The data it was designed to provide can be acquired in about 10 seconds. Johnson said that he was not comfortable having the instrument used longer than that and on a continuous basis.

That’s when Flanagan threw in his hay-maker: “But if you are looking continuously (more than 10 seconds), its adequate?” Yes, Johnson replied. “No more further”, Flanagan replied and promptly sat down.

ROBERT RUSSELL
Mr. Russel is a National Service Manager and a previous heart patient of Dr. Murray. He was in the middle of his recovery from a “stent implant operation” when Dr. Murray announced that he was going on a “sabbatical” to care for Michael Jackson. He was told that the doctor will be a part of MJ’s staff traveling with him on a concert tour in Europe. He was examined on the stand by Deputy District Attorney Deborah Brazil.

Russell began his testimony by saying that Dr. Conrad had saved his life. Around March 2009 Russell suffered a heart attack and came under the care of Dr. Murray. At the hospital Russell had made up his mind to put on his clothes and leave but was stopped by the doctor who said that “(he) was moments from death.”

The treatment included a “stent placement operation” that later tests determined to have been successful. A recovery regimen to help him develop a stronger heart was soon prescribed. The regimen was to last for 7 weeks and included a heart stimulation program that progressively increased in intensity until the heart is able to simulate the equivalent exertion of finishing a marathon.

The timing of Dr. Murray’s departure was a sore sticking point to Russell. His situation was precarious. Close to the doctor’s planned departure to Europe, he was yet to be referred to another cardiologist. There were also missed appointments, the last being on the 22nd of June 2009. Asked by the prosecutor how he felt, he said, “he felt abandoned.” The feelings percolated, finally leading to a phone call expressing his frustration. In fact, he threatened to file a lawsuit against the doctor opening up the action with a restraining order prohibiting the him from leaving the US.

Defense attorney Chernoff’s questioning started with a show of confidence.

“Mr. Russell, we have never met before. Have we?” It turned out, they have not.

It raises this question: If Russell’s testimony was so damaging why wasn’t he deposed by Chernoff himself? That is a difference between a good attorney and a great attorney. A juror could be mislead by this question, however. The prosecution should have asked during redirect whether or not there was another person from Chernoff’s team who questioned him before the trial.

The line of questioning brought the jury back to those positive statements made by Russell earlier during the prosecutor’s questioning. The lingering thought left for the jury to consider was the fact that the doctor saved Russell’s life.

RICHARD SENNEFF
Mr. Senneff is a member of the Los Angeles Fire Department. Cumulatively, he has 27 years experience working as a Fireman/Paramedic. He is responsible for preparing the paramedic’s report. He was also the first emergency responder to arrive at the side of Michael Jackson. He was examined by Deputy District Attorney Deborah Brazil.

The call was received by Fire Station 71 Bel Air in Beverly Hills at 12:22PM on the afternoon of June 25, 2011. The call was for a man who suffered a cardiac arrest. CPR was being administered by individuals at the residence.

Senneff told the court that the emergency team was at the front gate of 100 Carrolton (Jackson Residence) at 12:26PM as timed by Seneff. The gate was already opening for them and they were directed by the security. He was the first to arrive upstairs where he found MJ on the bed with Dr. Murray and Alberto Alvarez performing CPR. The patient was wearing pajamas (top & bottom) and a surgical cap. He thought that the artist appeared underweight and thin.

It took them no more than 10 minutes to get by MJ's bedside. He testified to the following observations about the artist:

• Skin was cool to the touch
• Eyes were open, dry and dilated
• Mouth was open
• He had no vital signs
• He was attached to a heart monitor and was flat-lined
• He had a Captography count of 16

Dr. Murray informed Senneff of the following:

• The cardiac episode occurred one minute before the call (later corrected)
• He was treating MJ for dehydration and exhaustion
• He gave MJ Lorazepam so he can sleep

The team of responders that went upstairs comprised of:

• Brett Herring: He performed chest compressions with two hands.
• Martin Blount: He administered the Ambu Bag and performed an intubation procedure
• Mark Goodwin: He was operated the EKG machine
• Jeff Mills: He was an observer standing by to assist
• Gary Brigandy: Not known

The prosecution was able to show that the fire/paramedic team’s actions were exactly what could be reasonably expected of them under those conditions. Based on the time marks, they arrived at the property in 4 minutes and proceeded to administer emergency care and did not stop until they arrived at the UCLA Medical Center despite signs that the patient had long expired. In all they timed their treatment of MJ to have lasted 42 minutes.

Mr. Gorjian cross-examination included re-stating all the steps and procedures taken by the fire/paramedic team from the time they arrived until the body was brought to the UCLA Medical Hospital. He was trying to uncover or point out to any mistakes or negligent omissions that could have worsened MJ’s situation. He brought up points that may or may not have any consequences to the final outcome. For instance, he asked Seneff whether he was aware that MJ suffered a fractured rib as a result of the chest compressions. Senneff said that “(he) was not aware of that.” Furthermore, he recalled Seneff’s testimony that they gave MJ chest compressions while walking down the stairs. Gorjian pointed to the American Heart Association (AHA) guidelines which stated that compressions should be done where the patient was found, and precisely not when the patient is being carried down the stairs. He also corrected Senneff’s earlier testimony that Dr. Murray told him the cardiac arrest occurred “a minute before the 911 call”. They agreed that it occurred 20 minutes to 1 hour before the 911 call, which conformed to the testimony he delivered at the preliminary hearing.

Seneff testified that from the time they arrived until they were able to deliver MJ to the UCLA Medical Center the emergency team administered the following drugs:

• 4 units of Epinephrine
• 2 units of Atropine
• 2 units of Sodium Bicarbonate

Senneff also testified that Dr. Murray asked him if he could administer Magnesium to MJ. He said that he didn’t have Magnesium in his medical starter kit. The most significant piece of testimony came from Senneff, himself. He said that Dr. Murray did tell him that he had administered Propofol to the artist.

R|J NOTE: We were surprised that the defense did not key in on this statement which goes to the character of the doctor. The effects of repeating that for the jury more than once is very difficult to determine. However, one of the things that the defense could have done was explain to the jury that nothing could have been done even if the doctor mentioned he had administered Propofol. The outcome would have been the same.

MARTIN BLOUNT
Mr. Blount is 20 year veteran of the Los Angeles Fire Department. He was a part of the group of Fire/Paramedic team that treated Michael Jackson at the artist’s residence. Deputy District Attorney Deborah Brazil conducted the examination.

Blount’s testimony about the events that happened between the time they left the firehouse until the time they brought MJ to the ambulance was a re-statement of the facts brought up by Seneff except for some minor variances. He was one of five Fire/Paramedics that huddled around MJ trying to revive and was privy to the conversations with the doctor.

Blount was asked by Prosecutor Brazil to share what he saw when he entered the room. Blount said, “I felt he was dead, Maam.” He also saw Alvarez and Dr. Murray who he characterized as being flustered, frantic and sweating profusely. Attached to the artist he saw a long tube and a nasal cannula attached to his nasal passages. He also observed an I.V. needle attached to his right leg. He then asked the doctor if the artist ingested any recreational drugs. The doctor said, “No.”

The most thought-provoking part of his testimony came when he told the court how he saw the doctor scoop up three open bottles of Lidocaine, and placed it in a bag. He described Lidocaine as a “heart drug.”

During cross-examination, the defense asked a number of clarifying questions, essentially  restating the testimony of Senneff and Blount. Blount recounted a moment when the doctor told the team that he felt a Femoral Pulse in the artist’s groin region, causing them to halt the compression to check for a pulse. It appeared to have been a false reading but they continued attempts at reviving the artist. They did so until MJ was transported to the UCLA Medical Hospital.

R|J NOTE: Blount’s testimony is the first time we discovered a discrepancy in the recounting of details. Alvarez said that an I.V. tube was attached to MJ’s left leg. Blount said that it was on the right leg. The obvious question is, were there two I.V.’s inserted, one on each leg? There were two I.V. bags on the stand before Alvarez took one down. This should be should be clarified.

RICHELLE COOPER, MD
Dr. Cooper’s questioning will continue on Monday. We will have a full synopsis after her testimony is complete.

Murray Trial (Synopsis) | Day 3

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.

Murray Trial (Synopsis) | Day 2

“I am an employee but I am a fan first. I would sneak in to see things.” (Michael Amir Williams, MJ’s Personal Assistant)

Called to the stand by the prosecution this morning, the 28th of September 2011, were four individuals - Paul Gongaware, Kathy Jorrie, Michael Amir Williams and Faheem Muhammad. Following is a synopsis of the questioning that were conducted inside the courtroom.

PAUL GONGAWARE
Mr. Gongaware is an executive from AEG Live, the company that was promoting Michael Jackson’s “This Is It Tour.” He served the dual capacity of promoter and manager.

The prosecution painted a picture of a company that exercised adequate care for the well-being of Michael Jackson. Assistant Deputy Prosecutor Deborah Brazil showed that they scheduled an average calendar of approximately 9 shows per month.

Mr. Gongoware was asked about his role in negotiating the employment of Conrad Murray, MD. There were two conversations regarding employment. The first was a call initiated by Mr. Gongaware inquiring about how much it would cost MJ to hire him. Dr. Murray said his services will cost MJ $5 Million because he had to close his practice that included offices in California, Nevada, Texas and Hawaii. Mr. Gongaware answered that it was not at all possible, using the phrase “no way” he terminated the negotiations.

In learning this, MJ said that he needed a physician to take care of the “machine”, referring to his body. He later instructed Mr. Gongaware to call Dr. Murray and re-open employment negotiations. In the conversation, he told Dr. Murray that “he was authorized to make him an offer and it comes directly from the artist.” The offer was $150,000 per month to which Dr. Murray said, “I’ll take it.”

On cross-examination, the defense attorney, Edward Chernoff tried to cast doubt on the character of Mr.Gongaware by pointing to another case against him and his company, AEG Live. He asked Mr. Gongaware if he was here with his attorney. Objection, called out the prosecution. It was sustained by the judge. Are you being sued? Objection. You work for AEG Live? Yes. Is Katherine Jackson, suing AEG Live? Do you know why they were being sued for? Objection, called out the prosecution. It was a great moment of lawyering, making the jury think a little harder about Mr. Gongaware.

KATHY JORRIE
Ms. Jorrie is an attorney and a partner at the firm Luce Forward who drafted the “Contract for Services”, specifically an “Independent Contract” between the parties that included Conrad Murray MD, his company GCA, AEG Live and Michael Jackson. She was examined on the stand by Deputy District Attorney Deborah Brazil.

Ms. Jorrie testified that she had two telephonic conversations with Dr. Murray - on June 18 and on June 23, 2009. The questions raised tried to establish MJ’s level of health. She explained that the contract specified a number of medical equipment including a CPR machine and others. She was curious enough to ask, why all that medical equipment was needed? Dr. Murray said that MJ was going to have a series of concerts in London and wanted to make sure that he brought his own equipment. Given MJ’s age, “he wanted to make sure that he had a CPR machine” and that “he wouldn’t take a chance.”

The conversation also touched on the list of documentation required to execute a “cancellation insurance” that was being put in place to protect the parties in case there is a cancellation of any concert events . The documents being requested included a 5-year medical history of MJ. This is when she told the court that Dr. Murray has been MJ’s doctor for only 3 years. Overall, Dr. Murray spoke of MJ’s health in glowing terms.

The defense cross-examination, under J. Michael Flanagan tried to raise the question of a pre-existing condition that may have gone undetected and only exacerbated by the demands of touring. For instance, he asked two questions which where both objected to. He asked, Did Mr. Jackson tell you that he loses 10% of his weight when he performs? And that clothing changes during the concert required that his clothes got smaller and smaller. The objections were sustained and Mr. Jorrie didn’t have to answer.

Along the same line of questioning Flanagan asked if there was anything unusual about performers bringing their own physicians on tour. There was also a question about why Dr. Murray wanted to modify the contract that initially specified a nurse to an assistant. She said that the doctor wanted the flexibility of hiring another physician to attend to MJ in the event he is not able to.

MICHAEL AMIR WILLIAMS
Mr. Williams is MJ’s Personal Assistant. He was a graduate of USC and was originally hired on as the video librarian until he was promoted to his current position. He oversaw the staff, the housekeepers and the security detail. He was examined by Deputy District Attorney David Walgren

Mr. Williams accompanied MJ to the last rehearsal at the Staples Center on the 24th of June. He provided the court with one of the most poignant lines of the trial. When asked if he ever saw MJ perform, he said “I am an employee but I am a fan first. I would sneak in to see things.” He testified that they returned home at around midnight the night before MJ died.

Defense’s Chernoff started slow but worked at carefully impeaching Mr. Williams’ character. Mr. Williams’ testimony was not particularly destructive to the defense. It did not provide any testimony that pointed to Dr. Murray as the ultimate cause of the death. There was no smoking gun. This will be sorted out during the expert witness phase when medical professionals and chemists who can speak to the effects of all the drugs that MJ was thought to have been taking for months, particularly those that were allegedly prescribed by Dr. Arnold Klein and others.

Mr. Williams told the court about a conversation that he characterized as odd. They were already at the hospital and may have known that MJ had died. He was approached by Dr. Murray who said that MJ had a jar of cream in his room that he probably wouldn’t want the world to see. He said that the doctor needed to return to the house.

All the things that were happening caused him to have a conversation with Faheem Muhammad, the Chief of Security, as he searched for a way to evade a potentially charged moment with Dr, Murray who he expected will demand that he take him home. Mr, Chernoff asked him, “The cream. It was so important to you that you concocted a lied with Mr. Muhammad to tell the Dr. that the police had taken your keys.” To which he responded, “Yes”. The follow-up question asked why it took him two months to tell the police about the cream.

By making up a lie, the whole testimony and everything else he said may now be questionable. Expect the defense to return to this moment during closing arguments if more damaging information attributed to Williams is introduced at the trial.

More names where introduced in this portion of the trial. We begin to learn of other individuals who may or may not have supplied MJ medication including a Dr. David Adams, a Tome Tome (to be confirmed), a Nurse Sherry Lynne Lee, A Jason Fifer in addition to a Dr. Arnold Klein and Dr. Conrad Murray. This lays out the theory of a cocktail of medication, outside of the ones given by Dr. Murray, that may have caused the bad reaction.

FAHEEM MUHAMMAD
Mr. Muhammad is the Chief of Security for the Jackson Family. He is personally responsible for transporting MJ and his entourage to and from different locations. He sends out an advance party and plans a travel route, including creating decoys and diversions to confuse the paparazzi and fans that may attempt to follow MJ.

The prosecution painted a picture of a competent security man who was doing a competent job. He was asked how the last rehearsal went and he said that MJ “looked good” and used the words “high energy” to describe the performance.

He was not at the property when Dr. Murray discovered that MJ was unconscious. He testified to have been on the way to the bank with his wife when he received the phone call from Mr. Williams who instructed him to return home and to go upstairs to see what just occurred. Upon arriving at the property, he testified that it was unusual for them to go upstairs so he asked Mr. Williams his permission by phone.

When he arrived MJ was on the floor, his eyes and mouth were open and he appeared dead. He assisted Dr. Murray in administering CPR until the paramedics arrived.

The cross-examination focused on making sure the jurors did not think that Dr. Murray was trying to hide anything. Up until this point the testimony about the cream were based solely on statements of both Mr. Williams and Mr. Muhammad. Chernoff asked how he may have known that Dr. Murray left the hospital to cast doubt on the possibility that he returned to the property. Through questions, he was able to bring up the fact that Dr. Murray rode with the ambulance and did not have his car with him. He also showed several images and clips showing Dr. Murray inside the confines of the hospital.

The prosecution started showing the court images of medical equipment that were inside MJ’s room - oxygen bottles and an I.V. Stand. Questioning also included the trips that MJ made to Dr. Kleins office, even repeating a conversation between Mr. Muhammad and MJ. The frequency of the visits were such that MJ even asked Mr. Muhammad, “You must think I’m crazy?” for going to Dr. Klein’s office so frequently. To which he replied, “No, Sir. I don’t think you are crazy.” He told the court that MJ told him he had some sort of skin disease.

There were questions about the integrity of the surveillance videos around the property. Defense asked him about the set up and where the cameras were located. “All your comings and goings are recorded?” “Yes”, Muhammad replied. “On the 27th, the police asked you to take out he surveillance tape … you helped an LAPD Technician. Did you see the amount of tape that was downloaded?” No, he said.

Kidnapped Dugard sues federal gov't

... he sequestered Jaycee in ragged sheds and tent-like structure in his backyard - removed from any semblance of normalcy and functioning society - where he raped Jaycee hundreds of times and over the course of many years. (Complaint - Dugard v. US, filed in US District Court Northern California District)

Jaycee Dugard was 11-years old when she was abducted in 1991 and held as a sex-slave for 18 years by parolee Philip Garrido and his wife. In the number of years it took to become an adult, she was kept in an elaborate tent and shed complex in Garrido’s backyard, away from prying eyes in the City of Antioch California. There she was raped and held against her will and where she later bore two children fathered by Garrido. The first of which she gave birth to at the tender age of 14.

On Thursday, she filed an action in the US District Court in Northern California against the federal government and its agencies - the United States Parole Commission (USPC), United States Probation Office (USPO), the Federal Bureau of Prisons (BOP) for an unspecified amount of damages.

The action invoked the “Federal Tort Act” and specified 28 USC Section 2671 and Section 1346(b). The complaint alleges that the federal government and its agents committed “gross negligence” including “flagrant errors in Garrido’s supervision (while on parole) resulting in Jaycee’s continued captivity and torture” It further stated the following:

1. Defendant ignored facts establishing that Garrido would harm again.
2. Defendant failed to report Garrido’s multiple parole violations.
3. Defendant ignored existence of Garrido’s backyard sheds.
4. Defendant ignored requirements to see Garrido once a month.
5. Defendant ignored requirements to furnish state authorities with information about Garrido.

The action specified the following Causes of Action:

1. Negligent Supervision (of Garrido while on parole).
2. Negligent failure to consider all relevant information in reaching parole decision (resulting in the early release of Garrido from a previous sex-crime sentence)
3. Failure to conduct mental health examination (of Garrido).
4. Negligence in treating Garrido’s mental health problems.
5. Negligent failure to provide information regarding Garrido to the state authorities.

The complaint pointed to Garrido’s early release from prison as a major factor in Dugard’s abduction. Garrido had been serving a 50-year sentence for another sex-crime when she was kidnapped. He was committed to prison until 2027, but because of actions by the federal government “bordering on complicity” he was released on parole in 1988.

The complaint alleges that while Garrido was out, he habitually violated the conditions of his parole. At the time, he was a subject to the US Parole Commission's “Zero Tolerance Policy”, but nevertheless tested positive for methamphetamine, amphetamines and marijuana. He also tested positive for alcohol, registering a reading of 0.45%, enough to induce a person into comma or even cause death. But perhaps more telling of future events were the reports of him making threatening statements to women, which should have caused the parole officers assigned to take action including rescind his parole. At one point the counselor assigned to his case was concerned enough to make the recommendation that he be placed on electronic monitoring.

Jaycee Dugard and her minor children will be represented by the Los Angeles law firm of Kinsella, Weitzman, Iser, Kump and Aldisert.

FILED COMPLAINT (DUGARD v. US)
WEBSITE OF KINSELLA, WEITZMAN (KWIKA)
CNN ARTICLE
LA TIMES ARTICLE
AMERICAN BAR ASSOC ARTICLE