The court was only in session for 2½ days last week and the same this week. Next week there's Labour Day on Monday so another short week.
The court was in session yesterday, with an addiction expert appearing as a witness for AEG, his opinion is that Michael Jackson was addicted to opioids from 1993 till his death in 2009.
Meanwhile Katherine Jackson has appeared in a gossip magazine talking about Paris and the different upbringing she has provided for the children to that of their father.
Michael Jackson suffered a "quite extensive" drug addiction the last 15 years of his life, according to an addiction expert testifying Tuesday in the AEG Live wrongful death trial.
Dr. Conrad Murray told investigators he infused the singer with propofol for 60 consecutive nights to treat his insomnia so he could rest for rehearsals. The judge would not allow (Dr.) Levounis to testify if he thought Jackson was addicted to propofol.
Levounis, who returns to the stand for more testimony Wednesday, said addiction happens when a chemical "hijacks the pleasure-reward pathways" in your brain. "You remain addicted for the rest of your life," Levounis testified.
After a long weekend the court was back in session with Dr. Petros Levouni the head of the Psychiatry Department at Rutgers Medical School in New Jersey testifying. He is an addiction expert. Dr. Levouni testified Jackson was addicted to Opioids, in particular Demerol from 1993 to his death in 2009. Dr. Levounis said Jackson doctor shopped to keep his supply of medications when his doctors expressed concern with the amount he used. Jackson was secretive about the amount of medication he was taking and kept that information from his doctors.
Dr Levounis testified Jackson showed evidence of tolerance for Demerol so he took more. The Doctor also testified that Jackson would take more than the dosage recommended and there was evidence he was renewing prescriptions often. The Doctor testified that Jackson was Doctor shopping - that if he couldn't get the medication he wanted he could go to another doctor. Jackson tried to cut down on his drug use but relapses. In 1993 goes to rehab in England - evidence of Demerol use in 2003 and in 2009. Jackson showed evidence of physical and social consequences - he passed out at a meeting and his brother Randy tried many times to intervene. Finally, Jackson couldn't stop despite the fact he knew he was damaging his health...the desire was too powerful.
The last point Dr. Levounis made is that Jackson and several of his Doctors had very close friendships and that was a problem. In the doctor’s opinion the close relationships made it easier for Jackson to ask for medications and harder for the Doctors to say no.
Under Cross examination Dr. Levounis went over the time that he reviewed the materials sent to him for his expert testimony. Dr. Levounis testified that one of the symptoms is secrecy and yet Jackson announced to the world that he had an addiction and sought treatment. The final point under cross was that addiction is no longer used as a term to diagnose because not specific and the negative connotation. Now, people are diagnosed with substance use disorder.
On Wednesday, UCLA dental anesthesiologist Dr. Christine Quinn testified that she administered propofol to Jackson 10 times for dental procedures. Then in 2000, she said Jackson asked for it by name, but this time for insomnia.
Quinn told the jury Jackson said he had it before and it was the best sleep he ever had. She testified she told him that it was inappropriate for insomnia and turned him down.
And now jurors hear from Cherilyn Lee, who testified for prosecutors against Murray. The nurse and holistic medicine specialist testified that she, too, lectured Jackson just two months before his propofol overdose, but that Jackson said the sedation was safe as long as a doctor was monitoring him.
Addiction Expert Dr. Petros Levounis continued to give his opinion that Jackson was an opioid addict. He was followed by Dr. Christine Quinn a Dental Anaesthesiologist and lastly Dr. Cherilyn Lee began her testimony.
The first hour had Dr. Levounis going over all the records of Dr. Conrad Murray had his treatment of Jackson and his children back from 2009. Questioned by the Jackson Attorney Dr. Levounis said there is no evidence Jackson ever self-injected Demerol or took drugs for euphoria. Dr. Levounis said there was no evidence Dr. Murray was giving Jackson Demerol in 2009 but Dr. Klein was. Dr. Levounis also said that a person can be addicted to opiates without having to take them every few hours. Still have withdrawal symptoms. He said the term addiction is widely used in the field.
After the Lunch Break Dr. Christine Quinn testified. She is a Dental Anesthesiologist from UCLA school of Dentistry. She treated Jackson about 10 times from 1997 to February 2009. She would administer the anaesthesia for Jackson's dentist because Jackson had anxiety. She said in about 1998 (couldn't remember exact date) she received a call from Jackson. She returned the call and spoke to his assistant. She was told Jackson did not return phone calls. Dr. Quinn finally did speak to him and set up a meeting at the Beverly Hills Hotel. She agreed to meet Jackson at the hotel and brought her sister because she did not think it prudent to meet someone at a hotel suite.
The meeting was brief. She and Jackson stepped into another room to talk while Dr. Quinn's sister watched Prince who was about 2 years old. Jackson told Dr. Quinn he was having trouble sleeping. Asked if he called Propofol by name, the Doctor needed to refresh her memory. After checking her notes, she said he did call it Propofol. She said he asked her to administer Propofol outside of a dental setting. She told him that was an inappropriate use of the anaesthesia, he should talk to his doctor about the sleep problem. She told him that anaesthesia induced sleep is not restful sleep but he told her it was the best sleep he ever had. Jackson told Dr. Quinn he had tried other remedies but nothing worked. She said he never asked for Propofol again from her. She never spoke about the encounter except in the deposition and in court today, she said it was no one's business. She continued to treat Jackson with his dentist. The last appointment was February 2009. She read about Jackson's death from the Propofol overdose in news accounts.
On cross examination she told the Jackson attorney that Jackson's dentist used an anaesthesiologist because of his anxiety.
Next witness was Dr. Cherilyn Lee - a Nurse Practitioner and Holistic healthcare practitioner. She treated Jackson from February 2009 to April. At the first consultation on Feb 1, 2009 she asked Jackson about 200 questions including drug use where he said no, no smoking, and no alcohol. The paperwork had his name as David Mich and his chief complaint was fatigue in the middle of the day. He claimed he had some problems sleeping and for that he took Tylenol PM. Claimed he used Zanax, Atavan, and Ambien 12 years ago not since. Testified that with her natural products Jackson would only sleep about 5 hours a night. Continued to complain of fatigue.
On April 18th, Jackson talked to Lee about Diprivan - the commercial name for Propofol. He told Lee he just needed a good night sleep. She consulted a friend, a medical doctor, who told her it was an aesthetic used only in a medical setting. Lee went to her office to get her Physicians Desk reference to show Jackson the side effects of Propofol use and only in medical setting and ask him what would happen if he didn't wake up. Jackson kept insisting his Doctors had told him it was safe as long as he was monitored and that all he wanted was a good night sleep, he would not say which doctors. She kept insisting to Jackson, and getting more and more upset in her testimony, that it wasn't safe.
Lee started talking about how all medications have side effects and how doctors tell patients that they'll be safe on certain medications. Lee started to break down, saying it was a difficult subject because her mother had died in 2010 and she'd tried to warn her about all the medications that she'd been prescribed. Lee said she told her mother that she couldn't take all those medication. Her mother died, Lee said "because she believed her doctor." She started bawling, at one point putting her head in her hands. She said testifying was "so stressful for me because of what I have gone through." AEG Attorney Katharine Cahan suggested they recess and the judge agreed.
Lee continued to talk and cry as the jury shuffled out of the room. "I can’t do this anymore. I really can’t do this anymore," she said. "It is so unfair," Lee said. "I'm so tired." AEG Live defence attorney Sabrina Strong went up to witness box. Strong had been sitting in the audience, and she brought up two of Lee's relatives who had accompanied her to court. At least a couple jurors were still walking out, and plaintiff's lawyer Brian Panish complained about Strong trying to comfort Lee.
Panish said it wasn't appropriate for a lawyer to comfort a witness while the jury was in the room. He argued the point for several minutes. Judge Yvette Palazuelos pointedly asked Panish what he wanted her to do. Panish said Strong should be admonished. Palazuelos told Panish that if he wanted an admonishment, his team would have to write a brief to show it was appropriate. By this point Lee had been taken out of the courtroom and was being comforted by her relatives in the hallway. Lee was composed within a few minutes of leaving the courtroom and said she would return and be OK for tomorrow's testimony
Dr. Cherilyn Lee will continue to provide evidence tomorrow.
Could exposing Jackson as an addict backfire on AEG ? Will the jury think AEG should have known what he was likely doing, considering he went to rehab in 1993 or will the jury see Jackson was very secretive?
Jackson's fans said thanks to Thursday's witness, who defended the star in court. Nurse and holistic health practitioner Cherilyn Lee told the jury that Jackson was not a doctor shopper and that he simply was seeking the best doctors. She said he was on board with her plan for organic treatments to help him sleep.
Yet Lee testified that after 20 visits to Jackson's house as rehearsals were beginning for his comeback concerts, the star's request changed. He wanted an anesthesiologist to give him propofol.
Today’s session was delayed because Judge Yvette Palazuelos left a document at home and needed to collect it.
Nutrionist Dr. Cherilyn Lee continued giving her evidence under direct examination by AEG. She also apologized for being so emotional yesterday. Dr. Lee brought the Physicians Desk Reference to Jackson’s home to show him the side affects of Propofol. They include memory loss. She tried to convince Jackson by saying what if he forgot his lyrics? Jackson kept saying it was all that helped him sleep and he was told safe. Jackson wanted to be knocked out quickly and other medications that Dr. Lee had took time to work.
On April 18th Dr. Lee stayed with Jackson. He took the herbal medication to sleep at about 12:30am, he slept until about 4:00 or 4:30am. Jackson stood up on the bed when he woke up. He just stared at Dr.Lee then went to the bathroom. When he came back he said he needed Diprivan. He was agitated about rehearsal and said he needed to sleep. He again assured Dr. Lee he had been told it was safe if he is monitored. Jackson gave her a hug and escorted her Security who would take her home at that early hour. She never treated him again.
On Father's Day 2009 (June 21) she got a call from Jackson's security person. She heard Jackson in the back ground saying one side of his body is cold, he said the other side of his body is warm. Dr. Lee told Security to take him to the hospital. He died 4 days later.
Under cross examination, Dr. Lee said she first met Jackson on January 28, 2009 when she went to the house to see the children who had colds. She told the jury how impressed she was with the close relationship he had with the children. She said you could feel the love in the house. Jackson decided he would like her to treat him. She said Jackson really wanted to be healthy. He followed her holistic plan and felt better. She said from the time she started treating him January 28 to her last visit at the house early April 19 she never saw any medical equipment. She never saw evidence of another Doctor treating Jackson, she never saw Dr. Murray.
Jackson went to London for a press conference about his tour and when he came back he changed. He wasn’t' as jovial. She made a note in her medical records that March 24 was a very stressful day for Jackson. She got to the house and there were many cars. Jackson said he was stressed because of rehearsal and had to get a full night sleep. He wanted Diprivan (Propofol), said he took it before. He did not tell Dr. Lee who gave it to him. He asked her to find someone who would give it to him at the house. She said no. She told Jackson that any Doctor that would do that would only do it for money.
On April 19th he said it would not be a good day - long rehearsal. And he hadn't had a good night's sleep. Dr. Lee gathered her things, Jackson hugged her and she left. She never saw him again. After Jackson died, she heard so many terrible things about Jackson’s drug use so she came forward. She was shown a picture of Jackson days before he died where he looked very thin. She asked if they were sure it was him? Dr. Lee said if she were treating him she would be beyond concerned.
Dr. Lee wears a button that says she is so grateful that she attracts miracles. That is her mantra. Jackson wrote it down as greatful. Dr. Lee finished her testimony shortly after 12 noon. She mingled with many of the Jackson supporters outside the court. Many of the supporters were going up to Glendale Forest Lawn where Jackson is buried to celebrate his birthday.
That’s it for this week, it’s Labour weekend so the court is not in session again till next Tuesday.
Would her evidence indicate Dr. Murray started staying overnight after 19 April 2009. Also, if he'd ordered Propofol on 9 April could Jackson already been having Propofol when he asked Lee to find him a supplier?
Some of these witnesses seem wrapped up in their own little world.
Sunday was Murray's day off but why on 21 June 2009 did security phone her, rather than Murray, has that ever been explained? Why phone her at all, when Jackson had a number of qualified doctors? Did Jackson receive any medical treatment that day and was Murray informed?
Day 78 03 Sep 2013 Jackson’s vs AEG Extracted from tweets by Associated Press.
The Prequel
The day began with the attorneys discussing the next steps in the case. Marvin Putnam for the defence indicated AEG Live’s case will at the latest be finished by the end of next week, it may end this week. Putnam said he has only two or three more live witnesses and Friday will be a day of video testimony. There will be a rebuttal case by the family, but it is not clear how many witnesses will be called. Putnam for AEG said he may challenge some of those witnesses.
The attorneys have a fair amount of work to do on jury instructions and the verdict form before the end of the case. The lawyers and the judge also have to decide how long each side will have for closing arguments. Closings may be 4 hours apiece, or less. A lot of these details will get fleshed out in the next couple of weeks.
Also discussed was the testimony of the next witness for AEG Live. Dr. Paul Earley, an addiction medicine specialist published a study based on more than 20 case studies of people addicted to propofol, which was completed with funding from AEG. Plaintiff's attorneys (Jackson’s) will be able to ask more questions about the article, including whether it poses a conflict of interest.
Dr. Paul Earley's video testimony had previously been played to the jury by the family's attorney on Day 33 (19 Jun 2013) of the trial.
Day 78 03 Sep 2013 Jackson’s vs AEG Extracted from tweets by Associated Press.
No Jackson’s were present in court.
AEG called their next witness Dr. Paul Earley, an addiction medicine specialist. Earley published a study based on more than 20 case studies of people addicted to propofol (they were all medical professionals.). AEG Live paid to have the study completed. Earley said he compiled some of the materials before his involvement in the case. AEG Live defence attorney Kathryn Cahan asked about the study and how much AEG Live paid for its completion. Earley said in all, AEG paid about $53k for the study to get completed, including money to pay for a writer, statistician. Earley said AEG Live agreed to pay for the study because there wasn’t a lot of literature about propofol addiction. AEG wasn’t shown an advance copy of the article, which was published in March 2013 in a medical journal, Earley said.
Earley said despite AEG payments, he was giving an independent opinion. Earley said he had treated about 25 cases of propofol addiction during his 30-year career (all were medical professionals). Earley said he couldn’t offer an opinion on whether Jackson was addicted to Propofol, but he saw signs of abuse of the anaesthetic. Earley said he did believe that Michael Jackson’s life expectancy was reduced, but he couldn’t estimate by how much. He said Jackson’s prognosis for survival was grave due to his drug use, including Propofol and use of opioids, other medications. The doctor said with Propofol, small changes in the dose can make a big difference in the impact on the person, so caution was necessary.
Earley was shown a slide contrasting how people receive Propofol versus how they take an opioid medication. Propofol required 13 items for safe administration, versus a glass of water or a syringe for receiving opioid drugs. Earley reiterated that as long as the doctor knows what you’re taking and you’re monitored, receiving Propofol is safe.
After the lunch break, AEG Live defence attorney Kathryn Cahan asked Dr. Earley a few more questions about his AEG-funded study. Cahan asked Earley if he thought AEG funding his study was a conflict of interest. The doctor said no. Throughout his testimony, Earley was shown a large timeline showing the various times Jackson asked for or received Propofol in non-med settings. One of the instances noted was the time Jackson received Propofol in a German hotel room in 1997. Earley said one could argue that while that wasn’t an appropriate use of the medication, it was administered properly because of the supervision, equipment used.
The chart also included four times Jackson sought out Propofol for sleep: in 98/99 from Dr. Christine Quinn, in 2002 from Dr. Van Valin and two instances in 2009 from nurse practitioner Cherilyn Lee and Dr. Allan Metzger. Dr. Earley said Dr. William Van Valin II testified that in 2002, Jackson brought him a box of Propofol and asked him to give it to him. Earley said this was evidence that Jackson had the drug. Van Valin refused, saying Propofol was dangerous, according to the slides. Dr. Van Valin’s testimony will likely be played on Friday, when AEG Live will play numerous videos of witness depositions.
Earley said there were several risks to Jackson receiving Propofol in his home, including his risk to stop breathing due his large tongue. Jackson’s tongue could block his airway, as it did several times when Dr. David Adams gave Jackson Propofol during dental procedures. Dr. Earley also said Jackson had a high risk for blood clots because, at least on the day he died, Propofol was being given in a leg vein. The doctor said there’s a higher risk of clots or embolism anytime a leg vein is used to administer a drug such as propofol. Dr. Earley likened Jackson receiving propofol in his home to playing “Russian Roulette” each time he did it.
Plaintiff’s attorney Brian Panish objected to several questions posed to Earley about Propofol use, but judge allowed many of them. Judge Yvette Palazuelos did limit Cahan’s questions to new topics, she wouldn’t let her ask about opinions already given by other experts.
Earley was asked about Jackson’s opioid use, and he said Jackson had legitimate pain issues and that had to be considered. However, Earley said he didn’t see evidence that Jackson had appropriate follow-up treatment for his addiction. “Unfortunately because of his pain related problems, he was re-exposed to the drugs over and over again,” Earley said. Earley told the jury he wasn’t “saying that it’s Mr. Jackson’s fault that he became addicted to drugs.” The doctor said he is himself is a recovering opioid addict, and that it was a challenge to keep the disease in check. For instance, Earley said when he had surgery, he had to explain to the doctor not to give him opioid medications. Giving opioids to an addict, Earley said, turns on a switch in their brains and makes it very difficult for them to refuse the drug.
Plaintiff’s attorney Kevin Boyle took over for cross-examination. Boyle’s questioning was quite spirited, he pointedly questioned Earley on AEG funding the Propofol study and his writings on Jackson. Earley wrote a blog post in 2009 titled, “Michael Jackson: Addiction in the Privileged.” Boyle showed the post to the jury. Boyle questioned if Earley had already made up his mind about Jackson before AEG called him to be an expert in the case. The doctor said no.
Boyle also used a modified timeline that AEG used during its examination, adding the date of May 6, 2009, when AEG exec Paul Gongaware wrote that Conrad Murray’s deal was “done at $150k a month.” That was a couple weeks after Jackson asked for Propofol from Lee and Metzger. Boyle asked if there was any evidence Jackson asked for Propofol after May 6. “No evidence,” Earley said. “Sounds like he got it.” Boyle then asked Earley to confirm that Jackson found his Propofol from “the doctor hired by AEG Live.” The question was immediately stricken.
Several of Boyle’s questions and comments were stricken by the judge as argumentative throughout his 45-minutes of questioning. For instance, Boyle asked if Earley was glad Mrs. Jackson wasn’t in the audience today. The question was stricken.
Earley said that his blog doesn’t imply that Jackson was an addict. Boyle was incredulous and asked Earley if he was really saying that with a straight face. That comment was stricken. Earley said he wrote his blog in the hopes that the Jackson family would see it and use it to underscore the dangers of addiction. Boyle also showed the jury Earley’s article that was paid for using AEG Live’s support. The attorney asked several questions about it. He noted that the first page states the authors didn’t have a conflict of interest. Earley re-iterated he didn’t think one exists.
Boyle questioned Earley on whether he told his research partner (another doctor) that he was being paid as an expert in a lawsuit. Earley said he told his research partner that he was doing research for AEG Live and may have mentioned it was a case. The doctor said his partner didn’t express any concern about Earley’s role in the case or AEG Live’s payments to get the article done. AEG apparently didn't inform Earley he would be called to testify until March 2013. Article was accepted for publication 2 months before. Boyle asked Earley how many medical journal articles are funded by concert promoters. Earley said he wasn’t aware of any others.
The court recessed for the day. Boyle’s cross-examination will resume Wednesday.
Day 78 03 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.
More details from Dr. Paul Earley’s testimony.
Dr. Earley was contacted by AEG because of research he had done on propofol while treating many medical professionals with addictions. The final draft of his study was ready to be published in January 2013. Dr. Early Testified that AEG had no information of study conclusions. Also in January 2013 Dr. Earley's status changed from consultant to AEG to an expert witness. Now he could review Jackson's and court records.
Dr. said there was not enough evidence that Jackson was addicted to Propofol but he was seeking out doctors for the medication. The propofol was having negative effects on his life and on a medical scale of life expectancy he said Jackson condition was grave. He used a slide in court to show the 4 reasons he felt Jackson’s condition was grave.
1. inappropriate use of Propofol.
2. Opioid Addiction
3. Drug synergy between the Propofol and other drugs he used.
4. Obstacles for a successful recovery.
The first version of his study was ready to submit the the medical journal in October 2012. The final version was 3 revisions later. The Journal Editors questioned Dr. Earley who AEG Live was after the submission. He responded an entertaiment company he was doing work for. He testified no conflict of interest because he was doing research on medical professionals who were addicted to propofol not Lackson or his case.
Jackson had a large tongue and with Propofol the tongue could cover wind pipe. Earley saw the autopsy report. There was no sign of a breathing tube on his body or at his house. Dr. Earley talked about Jackson’s addiction to opioids from 1993 until his death. He did go to rehab in 1993 but there was no real follow. He spoke about his own battle with addiction 30 years ago and his medical license and the legal system became more important than drug. He outlined 7 factors/obstacles Jackson faced - duration of addiction - no evidence of him saying no to pain medication- failed attempts - secrecy - hard for celebrities to get into treatment and then have the support after rehab - continued pain and available prescriptions.
Dr. Earley said he is surprised when someone is addicted to both opioids and Propofol. The Propofol is not easy to get and not easily administered. He said although about 70% of addicts have insomnia Propofol is not a cure.
Although Jackson's use of Propofol at home and in a hotel was never recorded on his medical records, Dr. Earley testified there was not enough evidence that Jackson was addicted to Propofol.
Attorneys for concert promoter AEG Live claim that Jackson's habit was so unusual, even those closest to the star were unaware that Dr. Conrad Murray was infusing Jackson with propofol as an insomnia treatment in the two months before Jackson died of an overdose.
Earley testified there was even more that put Jackson at risk of death. He said that Jackson was addicted to opioids and the mix is potentially lethal. Earley pointed to multiple incidents when Jackson stopped breathing while under sedation.
Day 79 04 Sep 2013 Jackson’s vs AEG Extracted from tweets by Associated Press.
Dr. Paul Earley continued to be cross examined by Kevin Boyle for the family, it was said to be a bit
more subdued than yesterday’s but was still very pointed. Earley said he had written two or three peer-reviewed articles. He said some were published in European journals. Boyle then showed Earley the conflict of interest policy for the journal where the AEG-funded article ran. The policy states potential conflicts of interest should be disclosed on the cover sheet when the article is submitted. Earley said he did disclose that AEG Live paid for the research funding as spelled out in the policy. AEG’s payments were listed on the article’s seventh page. Earley said he had no control over where the disclosure was listed, that was the journal’s decision. He testified he was not trying to hide the AEG connection saying that was ridiculous. The journal article focused on case studies of 22 medical professionals who had Propofol addiction. Boyle asked if they were all alive. Dr. Earley said he didn’t know and he couldn’t contact the people in the study due to medical privacy laws.
Boyle showed Earley the ethical guidelines of the American Society of Addiction Medicine, which state members should only provide general information about addiction and not offer diagnosis on celebrities or other public figures. Boyle questioned whether Earley’s blog posts on Michael Jackson violated those guidelines. Earley said he didn’t think they did. Earley wrote a second blog post in Dec. 2011 that had the headline: “Murray Convicted -- Addiction Wins.” Earley said he wrote the post to draw attention to an article written by friend and journalist William C. Moyers.
Boyle pressed Earley on his use of the term addiction, again asking whether he’d made up his mind about Jackson’s case by then. Earley said he hadn't made up his mind about Jackson and was merely trying to draw attention to the problem of addiction. Boyle: “You were referring to Michael Jackson.” “I was referring to the addiction problem, so the answer is no,” Earley said. By this point, Earley was already doing research for AEG Live, although the company hadn’t agreed to fund his study by then. Earley posted the blog without consulting or asking AEG for permission.Boyle asked about Earley’s payments on the case. The doctor estimated he’d been paid $80-90k on the case, not including his testimony. After more AEG questions Earley exasperated said he was tired of this!
Boyle asked if Earley was relying on his own experiences as the basis for his opinions in the case. The doctor said only to a small extent. Earley was very candid about his addiction, saying he was at one point nearly homeless and had to relinquish his medical licence. He was criminally charged with writing prescriptions to himself under false names and went into treatment. His work in the addiction medical field grew out of his recovery and rehabilitation. His issues were in the early 1980s, he said. Earley said his drugs of abuse were oxycodone, heroin, codeine and hydrocodone. Boyle repeatedly commended him on his recovery. The attorney asked Early whether in the depths of his addiction, his prognosis was grave. “Yes it was,” Earley responded.
Earley said in response to one question about his recovery that while he survived, many of his colleagues with addiction have not. The doctor said it was a miracle, by the “grace of God” that he survived. Many of his patients have been addicted physicians. Boyle asked the doctor whether during his addiction, he had a concert promoter involved in his life, medical care. Earley said he didn’t. Boyle asked about the role of a family’s love in the recovery of an addict. Earley said it was important in his early stages of recovery. “Michael had a lot to live for,” Earley said of Jackson and his love for his children, which could have aided in a recovery. Boyle asked whether Jackson having full time access to a doctor like Conrad Murray would be a trigger for his addiction. Earley said Jackson had access to the doctor, but it was the doctor’s responsibility to be a gatekeeper to drugs and medications.
In general, there were a lot of delays in testimony today. Lots of sidebars and objections and some charts that had to be quickly redone. One such delay happened when Boyle asked Earley to find the entry for Propofol in the 2009 edition of the Physicians’ Desk Reference. The Physicians’ Desk Reference, AKA PDR, has detailed entries on many drugs. It’s the book Cherilyn Lee used to discuss Propofol with Jackson. Earley couldn’t find the entry in the PDR so Boyle asked partner Brian Panish to locate it. He couldn’t find it either. It turns out another lawyer, Michael Koskoff, had ripped out the pages on Propofol while questioning another witness, Dr. Levounis.
Kevin Boyle’s examination after lunch focused on the times that Jackson requested Propofol over sleep _ they said in court it was four times. That wouldn't include anaesthesiologist Dr. David Adams, who Jackson approached in 2009 but didn’t discuss Propofol by name. Boyle showed a chart listing those requests by Jackson, adding the May 6, 2009 date that AEG executive Paul Gongaware said Murray’s deal was done. Boyle’s point was that Jackson didn’t request Propofol from anyone else after Murray was working with Jackson on the “This Is It” tour.
AEG’s lawyers point to Murray ordering Propofol before that date. Boyle later noted Gongaware’s testimony about talking to Murray about working on the tour and his request for $5 million. That happened 3 to 5 weeks before the May email indicating Murray’s deal was done.
Kathryn Cahan for AEG showed Earley and the jury a chart that listed Murray’s first treatments of Jackson in 2006, and propofol shipments from April-June 2009. Earley said in response to a question by Cahan that before Jackson’s death, Propofol addiction was virtually unknown by the public. Cahan asked the doctor about his blog posts. He said he didn’t think they were an issue because he wasn’t making any diagnoses. Earley was asked whether Jackson should have avoided doctors. He said no… he needed treatment… but he needed to disclose all his conditions.
Kevin Boyle for the family took back over and asked some questions about Earley’s co-author on his AEG-funded Propofol study. The co-author had his medical licence suspended due to some addiction-related legal problems, he wasn’t working in medicine at the time the study was written. Earley said his co-author has since had his licence reinstated and is working in New York. Boyle also asked Earley about whether he had any control over how AEG used his study in the case. The doctor said no. Earley said he also didn’t have control over how the plaintiff’s used his research, or any other research that’s been published. Boyle likened AEG’s payments to Earley’s research as similar to private money turning into a nuclear weapon. “This is a small study. I’m not building the atom bomb,” Earley responded.
At the end of his questioning Boyle asked Earley about his opinion that you can’t blame an addict for their addiction. “In medicine, we don’t talk about blame,” Earley said. This opinion was played earlier in the case for the jury. Boyle ended by asking Earley if he was aware that Murray ordered more than four gallons of Propofol for Jackson. The doctor said he was.
The court session ended, the court will sit again on Friday.
Day 79 04 Sep 2013 Jackson’s vs AEG Extracted from tweets by Associated Press.
Dr. Paul Earley continued to be cross examined by Kevin Boyle for the family, it was said to be a bit
more subdued than yesterday’s but was still very pointed. Earley said he had written two or three peer-reviewed articles. He said some were published in European journals. Boyle then showed Earley the conflict of interest policy for the journal where the AEG-funded article ran. The policy states potential conflicts of interest should be disclosed on the cover sheet when the article is submitted. Earley said he did disclose that AEG Live paid for the research funding as spelled out in the policy. AEG’s payments were listed on the article’s seventh page. Earley said he had no control over where the disclosure was listed, that was the journal’s decision. He testified he was not trying to hide the AEG connection saying that was ridiculous. The journal article focused on case studies of 22 medical professionals who had Propofol addiction. Boyle asked if they were all alive. Dr. Earley said he didn’t know and he couldn’t contact the people in the study due to medical privacy laws.
Boyle showed Earley the ethical guidelines of the American Society of Addiction Medicine, which state members should only provide general information about addiction and not offer diagnosis on celebrities or other public figures. Boyle questioned whether Earley’s blog posts on Michael Jackson violated those guidelines. Earley said he didn’t think they did. Earley wrote a second blog post in Dec. 2011 that had the headline: “Murray Convicted -- Addiction Wins.” Earley said he wrote the post to draw attention to an article written by friend and journalist William C. Moyers.
Boyle pressed Earley on his use of the term addiction, again asking whether he’d made up his mind about Jackson’s case by then. Earley said he hadn't made up his mind about Jackson and was merely trying to draw attention to the problem of addiction. Boyle: “You were referring to Michael Jackson.” “I was referring to the addiction problem, so the answer is no,” Earley said. By this point, Earley was already doing research for AEG Live, although the company hadn’t agreed to fund his study by then. Earley posted the blog without consulting or asking AEG for permission.Boyle asked about Earley’s payments on the case. The doctor estimated he’d been paid $80-90k on the case, not including his testimony. After more AEG questions Earley exasperated said he was tired of this!
Boyle asked if Earley was relying on his own experiences as the basis for his opinions in the case. The doctor said only to a small extent. Earley was very candid about his addiction, saying he was at one point nearly homeless and had to relinquish his medical licence. He was criminally charged with writing prescriptions to himself under false names and went into treatment. His work in the addiction medical field grew out of his recovery and rehabilitation. His issues were in the early 1980s, he said. Earley said his drugs of abuse were oxycodone, heroin, codeine and hydrocodone. Boyle repeatedly commended him on his recovery. The attorney asked Early whether in the depths of his addiction, his prognosis was grave. “Yes it was,” Earley responded.
Earley said in response to one question about his recovery that while he survived, many of his colleagues with addiction have not. The doctor said it was a miracle, by the “grace of God” that he survived. Many of his patients have been addicted physicians. Boyle asked the doctor whether during his addiction, he had a concert promoter involved in his life, medical care. Earley said he didn’t. Boyle asked about the role of a family’s love in the recovery of an addict. Earley said it was important in his early stages of recovery. “Michael had a lot to live for,” Earley said of Jackson and his love for his children, which could have aided in a recovery. Boyle asked whether Jackson having full time access to a doctor like Conrad Murray would be a trigger for his addiction. Earley said Jackson had access to the doctor, but it was the doctor’s responsibility to be a gatekeeper to drugs and medications.
In general, there were a lot of delays in testimony today. Lots of sidebars and objections and some charts that had to be quickly redone. One such delay happened when Boyle asked Earley to find the entry for Propofol in the 2009 edition of the Physicians’ Desk Reference. The Physicians’ Desk Reference, AKA PDR, has detailed entries on many drugs. It’s the book Cherilyn Lee used to discuss Propofol with Jackson. Earley couldn’t find the entry in the PDR so Boyle asked partner Brian Panish to locate it. He couldn’t find it either. It turns out another lawyer, Michael Koskoff, had ripped out the pages on Propofol while questioning another witness, Dr. Levounis.
Kevin Boyle’s examination after lunch focused on the times that Jackson requested Propofol over sleep _ they said in court it was four times. That wouldn't include anaesthesiologist Dr. David Adams, who Jackson approached in 2009 but didn’t discuss Propofol by name. Boyle showed a chart listing those requests by Jackson, adding the May 6, 2009 date that AEG executive Paul Gongaware said Murray’s deal was done. Boyle’s point was that Jackson didn’t request Propofol from anyone else after Murray was working with Jackson on the “This Is It” tour.
AEG’s lawyers point to Murray ordering Propofol before that date. Boyle later noted Gongaware’s testimony about talking to Murray about working on the tour and his request for $5 million. That happened 3 to 5 weeks before the May email indicating Murray’s deal was done.
Kathryn Cahan for AEG showed Earley and the jury a chart that listed Murray’s first treatments of Jackson in 2006, and propofol shipments from April-June 2009. Earley said in response to a question by Cahan that before Jackson’s death, Propofol addiction was virtually unknown by the public. Cahan asked the doctor about his blog posts. He said he didn’t think they were an issue because he wasn’t making any diagnoses. Earley was asked whether Jackson should have avoided doctors. He said no… he needed treatment… but he needed to disclose all his conditions.
Kevin Boyle for the family took back over and asked some questions about Earley’s co-author on his AEG-funded Propofol study. The co-author had his medical licence suspended due to some addiction-related legal problems, he wasn’t working in medicine at the time the study was written. Earley said his co-author has since had his licence reinstated and is working in New York. Boyle also asked Earley about whether he had any control over how AEG used his study in the case. The doctor said no. Earley said he also didn’t have control over how the plaintiff’s used his research, or any other research that’s been published. Boyle likened AEG’s payments to Earley’s research as similar to private money turning into a nuclear weapon. “This is a small study. I’m not building the atom bomb,” Earley responded.
At the end of his questioning Boyle asked Earley about his opinion that you can’t blame an addict for their addiction. “In medicine, we don’t talk about blame,” Earley said. This opinion was played earlier in the case for the jury. Boyle ended by asking Earley if he was aware that Murray ordered more than four gallons of Propofol for Jackson. The doctor said he was.
The court session ended, the court will sit again on Friday.
Enough time to read your last post. I really hope you didn't waste 3 hours typing that shit out.
Day 79 04 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.
Some more details of Dr. Paul Earley’s testimony.
Dr. Earley was in treatment for 9 months and got clean.
During morning session DPR did not have Propofol in the book. In the courtroom Boyle was handed a note. The page with propofol had been torn out in a dramatic moment earlier in the trial. Laughs in the courtroom.
After lunch the drugs found at Jackson’s house in 2009 were discussed. The list of drugs found at the house but not in Jackson's body according to the Coroner report was Lidocaine and Ephedrine. Used to try to help Jackson. From there they moved on to Demerol. Dr. Earley said he was only aware of 3 cases that a person died of an overdose given by a doctor. Attorney Boyle tried to make the case that dying from Demerol administered by a doctor was rarer than being trampled by an elephant or hit by tsunami.
With a graph showing Jackson Demerol Injection from Dr. Klein, in the last couple months of Jackson’s life. He went only 4 days until May 5th. Attorney Boyle made the point that on May 6th AEG Executive Paul Gongaware sent Dr. Murray the email "Done" $150,000. Then Earley was questioned if Propofol can mask the symptoms of Demerol withdrawal. He said it can mask some of those symptoms
On redirect by AEG attorney Cahan, Earley says he didn't see the Gongaware email until court on Tuesday. They put back up the Propofol slide with info added:
Jan 2006 Jackson starts to see Dr. Murray.
04 Feb 2009 Jackson tells Dr. Salvit Murray is his personal physician.
06 Apr 2009 Dr. Murray makes the first order for Propofol.
28 Apr 2009 Murray orders more.
12 May 2009 Orders more.
06 Jun 20099 More Propofol ordered.
Dr. Earley said he learned of the Propofol toxic in news reports. He said he had begun seeing Propofol cases in medical professionals in 2008. He started cataloguing cases to look at them at a later date and possibly do a study at a later date. Dr. Earley said he started study before lawsuit filed, AEG could have influence of it if he was time traveller
On Recross by Kevin Boyle Dr. Earley was questioned about the Study. He was asked about a conflict of interest with AEG funding, he says didn't affect result. Findings were very uncommon addiction for medical professionals, 1.6% are addicted. Half use other drugs, more women are addicted and there is a rapid decline. Addicts commonly are depressed and have had child trauma
Earley told the details of his addiction. Used for about 5 years. Wrote prescriptions with other names for self and was arrested. He went to drug court and was sentenced to the program where he is now. His licence was suspended but he got it back. Program is why alive.
Weeks after Jackson's death, Earley wrote in a blog titled, "Michael Jackson: Addiction in the Priveleged." Later he wrote, "Murray Convicted - Addiction Wins."
That term "addict" drew fire from the Jackson attorneys, who pointed out Earley never examined Jackson. They played an earlier statement from a video deposition in which Earley said, "If one dies of a propofol problem, it's not a far stretch to assume that addiction is the causation there."
Another dispute centered on Earley's opinion that Jackson's life expectancy was grave because of his addiction to the painkiller Demerol. It is a point that could minimize what jurors might award Katherine Jackson if they find AEG liable for hiring Dr. Conrad Murray.
Earley conceded that he didn't know of anyone dying from Demerol injections from a doctor, but he knew of three deaths from improper administration by a doctor of propofol.
The attorney’s and Judge will today be dealing with various motions. On Friday AEG is expected to play to the jury video testimony. AEG’s motion for dismissal will know be heard on Monday.
Day 79 04 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.
Some more details of Dr. Paul Earley’s testimony.
Dr. Earley was in treatment for 9 months and got clean.
During morning session DPR did not have Propofol in the book. In the courtroom Boyle was handed a note. The page with propofol had been torn out in a dramatic moment earlier in the trial. Laughs in the courtroom.
After lunch the drugs found at Jackson’s house in 2009 were discussed. The list of drugs found at the house but not in Jackson's body according to the Coroner report was Lidocaine and Ephedrine. Used to try to help Jackson. From there they moved on to Demerol. Dr. Earley said he was only aware of 3 cases that a person died of an overdose given by a doctor. Attorney Boyle tried to make the case that dying from Demerol administered by a doctor was rarer than being trampled by an elephant or hit by tsunami.
With a graph showing Jackson Demerol Injection from Dr. Klein, in the last couple months of Jackson’s life. He went only 4 days until May 5th. Attorney Boyle made the point that on May 6th AEG Executive Paul Gongaware sent Dr. Murray the email "Done" $150,000. Then Earley was questioned if Propofol can mask the symptoms of Demerol withdrawal. He said it can mask some of those symptoms
On redirect by AEG attorney Cahan, Earley says he didn't see the Gongaware email until court on Tuesday. They put back up the Propofol slide with info added:
Jan 2006 Jackson starts to see Dr. Murray.
04 Feb 2009 Jackson tells Dr. Salvit Murray is his personal physician.
06 Apr 2009 Dr. Murray makes the first order for Propofol.
28 Apr 2009 Murray orders more.
12 May 2009 Orders more.
06 Jun 20099 More Propofol ordered.
Dr. Earley said he learned of the Propofol toxic in news reports. He said he had begun seeing Propofol cases in medical professionals in 2008. He started cataloguing cases to look at them at a later date and possibly do a study at a later date. Dr. Earley said he started study before lawsuit filed, AEG could have influence of it if he was time traveller
On Recross by Kevin Boyle Dr. Earley was questioned about the Study. He was asked about a conflict of interest with AEG funding, he says didn't affect result. Findings were very uncommon addiction for medical professionals, 1.6% are addicted. Half use other drugs, more women are addicted and there is a rapid decline. Addicts commonly are depressed and have had child trauma
Earley told the details of his addiction. Used for about 5 years. Wrote prescriptions with other names for self and was arrested. He went to drug court and was sentenced to the program where he is now. His licence was suspended but he got it back. Program is why alive.
Dr. Earley was excused.
Daft Punk should seriously consider this as a re-release:
reading about the plaintiffs cross examination of witnesses I get the impression that they feel that they are losing the argument and are getting desperate and overly combative.
reading about the plaintiffs cross examination of witnesses I get the impression that they feel that they are losing the argument and are getting desperate and overly combative.
Maybe the attorney's for the family think it works well with the Jury, but from reported groans by the jury and admonishments from the judge they may be misjudging the situation.
Maybe the attorney's for the family think it works well with the Jury, but from reported groans by the jury and admonishments from the judge they may be misjudging the situation.
Because you'll be lucky to find a person in America that isn't awestruck by fame.
Comments
The court was only in session for 2½ days last week and the same this week. Next week there's Labour Day on Monday so another short week.
The court was in session yesterday, with an addiction expert appearing as a witness for AEG, his opinion is that Michael Jackson was addicted to opioids from 1993 till his death in 2009.
Meanwhile Katherine Jackson has appeared in a gossip magazine talking about Paris and the different upbringing she has provided for the children to that of their father.
No Jackson’s were present today.
After a long weekend the court was back in session with Dr. Petros Levouni the head of the Psychiatry Department at Rutgers Medical School in New Jersey testifying. He is an addiction expert. Dr. Levouni testified Jackson was addicted to Opioids, in particular Demerol from 1993 to his death in 2009. Dr. Levounis said Jackson doctor shopped to keep his supply of medications when his doctors expressed concern with the amount he used. Jackson was secretive about the amount of medication he was taking and kept that information from his doctors.
Dr Levounis testified Jackson showed evidence of tolerance for Demerol so he took more. The Doctor also testified that Jackson would take more than the dosage recommended and there was evidence he was renewing prescriptions often. The Doctor testified that Jackson was Doctor shopping - that if he couldn't get the medication he wanted he could go to another doctor. Jackson tried to cut down on his drug use but relapses. In 1993 goes to rehab in England - evidence of Demerol use in 2003 and in 2009. Jackson showed evidence of physical and social consequences - he passed out at a meeting and his brother Randy tried many times to intervene. Finally, Jackson couldn't stop despite the fact he knew he was damaging his health...the desire was too powerful.
The last point Dr. Levounis made is that Jackson and several of his Doctors had very close friendships and that was a problem. In the doctor’s opinion the close relationships made it easier for Jackson to ask for medications and harder for the Doctors to say no.
Under Cross examination Dr. Levounis went over the time that he reviewed the materials sent to him for his expert testimony. Dr. Levounis testified that one of the symptoms is secrecy and yet Jackson announced to the world that he had an addiction and sought treatment. The final point under cross was that addiction is no longer used as a term to diagnose because not specific and the negative connotation. Now, people are diagnosed with substance use disorder.
Dr. Levounis will continue to testify tomorrow.
No Jackson family were present today.
Addiction Expert Dr. Petros Levounis continued to give his opinion that Jackson was an opioid addict. He was followed by Dr. Christine Quinn a Dental Anaesthesiologist and lastly Dr. Cherilyn Lee began her testimony.
The first hour had Dr. Levounis going over all the records of Dr. Conrad Murray had his treatment of Jackson and his children back from 2009. Questioned by the Jackson Attorney Dr. Levounis said there is no evidence Jackson ever self-injected Demerol or took drugs for euphoria. Dr. Levounis said there was no evidence Dr. Murray was giving Jackson Demerol in 2009 but Dr. Klein was. Dr. Levounis also said that a person can be addicted to opiates without having to take them every few hours. Still have withdrawal symptoms. He said the term addiction is widely used in the field.
After the Lunch Break Dr. Christine Quinn testified. She is a Dental Anesthesiologist from UCLA school of Dentistry. She treated Jackson about 10 times from 1997 to February 2009. She would administer the anaesthesia for Jackson's dentist because Jackson had anxiety. She said in about 1998 (couldn't remember exact date) she received a call from Jackson. She returned the call and spoke to his assistant. She was told Jackson did not return phone calls. Dr. Quinn finally did speak to him and set up a meeting at the Beverly Hills Hotel. She agreed to meet Jackson at the hotel and brought her sister because she did not think it prudent to meet someone at a hotel suite.
The meeting was brief. She and Jackson stepped into another room to talk while Dr. Quinn's sister watched Prince who was about 2 years old. Jackson told Dr. Quinn he was having trouble sleeping. Asked if he called Propofol by name, the Doctor needed to refresh her memory. After checking her notes, she said he did call it Propofol. She said he asked her to administer Propofol outside of a dental setting. She told him that was an inappropriate use of the anaesthesia, he should talk to his doctor about the sleep problem. She told him that anaesthesia induced sleep is not restful sleep but he told her it was the best sleep he ever had. Jackson told Dr. Quinn he had tried other remedies but nothing worked. She said he never asked for Propofol again from her. She never spoke about the encounter except in the deposition and in court today, she said it was no one's business. She continued to treat Jackson with his dentist. The last appointment was February 2009. She read about Jackson's death from the Propofol overdose in news accounts.
On cross examination she told the Jackson attorney that Jackson's dentist used an anaesthesiologist because of his anxiety.
Next witness was Dr. Cherilyn Lee - a Nurse Practitioner and Holistic healthcare practitioner. She treated Jackson from February 2009 to April. At the first consultation on Feb 1, 2009 she asked Jackson about 200 questions including drug use where he said no, no smoking, and no alcohol. The paperwork had his name as David Mich and his chief complaint was fatigue in the middle of the day. He claimed he had some problems sleeping and for that he took Tylenol PM. Claimed he used Zanax, Atavan, and Ambien 12 years ago not since. Testified that with her natural products Jackson would only sleep about 5 hours a night. Continued to complain of fatigue.
On April 18th, Jackson talked to Lee about Diprivan - the commercial name for Propofol. He told Lee he just needed a good night sleep. She consulted a friend, a medical doctor, who told her it was an aesthetic used only in a medical setting. Lee went to her office to get her Physicians Desk reference to show Jackson the side effects of Propofol use and only in medical setting and ask him what would happen if he didn't wake up. Jackson kept insisting his Doctors had told him it was safe as long as he was monitored and that all he wanted was a good night sleep, he would not say which doctors. She kept insisting to Jackson, and getting more and more upset in her testimony, that it wasn't safe.
Lee started talking about how all medications have side effects and how doctors tell patients that they'll be safe on certain medications. Lee started to break down, saying it was a difficult subject because her mother had died in 2010 and she'd tried to warn her about all the medications that she'd been prescribed. Lee said she told her mother that she couldn't take all those medication. Her mother died, Lee said "because she believed her doctor." She started bawling, at one point putting her head in her hands. She said testifying was "so stressful for me because of what I have gone through." AEG Attorney Katharine Cahan suggested they recess and the judge agreed.
Lee continued to talk and cry as the jury shuffled out of the room. "I can’t do this anymore. I really can’t do this anymore," she said. "It is so unfair," Lee said. "I'm so tired." AEG Live defence attorney Sabrina Strong went up to witness box. Strong had been sitting in the audience, and she brought up two of Lee's relatives who had accompanied her to court. At least a couple jurors were still walking out, and plaintiff's lawyer Brian Panish complained about Strong trying to comfort Lee.
Panish said it wasn't appropriate for a lawyer to comfort a witness while the jury was in the room. He argued the point for several minutes. Judge Yvette Palazuelos pointedly asked Panish what he wanted her to do. Panish said Strong should be admonished. Palazuelos told Panish that if he wanted an admonishment, his team would have to write a brief to show it was appropriate. By this point Lee had been taken out of the courtroom and was being comforted by her relatives in the hallway. Lee was composed within a few minutes of leaving the courtroom and said she would return and be OK for tomorrow's testimony
Dr. Cherilyn Lee will continue to provide evidence tomorrow.
Today’s session was delayed because Judge Yvette Palazuelos left a document at home and needed to collect it.
Nutrionist Dr. Cherilyn Lee continued giving her evidence under direct examination by AEG. She also apologized for being so emotional yesterday. Dr. Lee brought the Physicians Desk Reference to Jackson’s home to show him the side affects of Propofol. They include memory loss. She tried to convince Jackson by saying what if he forgot his lyrics? Jackson kept saying it was all that helped him sleep and he was told safe. Jackson wanted to be knocked out quickly and other medications that Dr. Lee had took time to work.
On April 18th Dr. Lee stayed with Jackson. He took the herbal medication to sleep at about 12:30am, he slept until about 4:00 or 4:30am. Jackson stood up on the bed when he woke up. He just stared at Dr.Lee then went to the bathroom. When he came back he said he needed Diprivan. He was agitated about rehearsal and said he needed to sleep. He again assured Dr. Lee he had been told it was safe if he is monitored. Jackson gave her a hug and escorted her Security who would take her home at that early hour. She never treated him again.
On Father's Day 2009 (June 21) she got a call from Jackson's security person. She heard Jackson in the back ground saying one side of his body is cold, he said the other side of his body is warm. Dr. Lee told Security to take him to the hospital. He died 4 days later.
Under cross examination, Dr. Lee said she first met Jackson on January 28, 2009 when she went to the house to see the children who had colds. She told the jury how impressed she was with the close relationship he had with the children. She said you could feel the love in the house. Jackson decided he would like her to treat him. She said Jackson really wanted to be healthy. He followed her holistic plan and felt better. She said from the time she started treating him January 28 to her last visit at the house early April 19 she never saw any medical equipment. She never saw evidence of another Doctor treating Jackson, she never saw Dr. Murray.
Jackson went to London for a press conference about his tour and when he came back he changed. He wasn’t' as jovial. She made a note in her medical records that March 24 was a very stressful day for Jackson. She got to the house and there were many cars. Jackson said he was stressed because of rehearsal and had to get a full night sleep. He wanted Diprivan (Propofol), said he took it before. He did not tell Dr. Lee who gave it to him. He asked her to find someone who would give it to him at the house. She said no. She told Jackson that any Doctor that would do that would only do it for money.
On April 19th he said it would not be a good day - long rehearsal. And he hadn't had a good night's sleep. Dr. Lee gathered her things, Jackson hugged her and she left. She never saw him again. After Jackson died, she heard so many terrible things about Jackson’s drug use so she came forward. She was shown a picture of Jackson days before he died where he looked very thin. She asked if they were sure it was him? Dr. Lee said if she were treating him she would be beyond concerned.
Dr. Lee wears a button that says she is so grateful that she attracts miracles. That is her mantra. Jackson wrote it down as greatful. Dr. Lee finished her testimony shortly after 12 noon. She mingled with many of the Jackson supporters outside the court. Many of the supporters were going up to Glendale Forest Lawn where Jackson is buried to celebrate his birthday.
That’s it for this week, it’s Labour weekend so the court is not in session again till next Tuesday.
Some of these witnesses seem wrapped up in their own little world.
Sunday was Murray's day off but why on 21 June 2009 did security phone her, rather than Murray, has that ever been explained? Why phone her at all, when Jackson had a number of qualified doctors? Did Jackson receive any medical treatment that day and was Murray informed?
The Prequel
The day began with the attorneys discussing the next steps in the case. Marvin Putnam for the defence indicated AEG Live’s case will at the latest be finished by the end of next week, it may end this week. Putnam said he has only two or three more live witnesses and Friday will be a day of video testimony. There will be a rebuttal case by the family, but it is not clear how many witnesses will be called. Putnam for AEG said he may challenge some of those witnesses.
The attorneys have a fair amount of work to do on jury instructions and the verdict form before the end of the case. The lawyers and the judge also have to decide how long each side will have for closing arguments. Closings may be 4 hours apiece, or less. A lot of these details will get fleshed out in the next couple of weeks.
Also discussed was the testimony of the next witness for AEG Live. Dr. Paul Earley, an addiction medicine specialist published a study based on more than 20 case studies of people addicted to propofol, which was completed with funding from AEG. Plaintiff's attorneys (Jackson’s) will be able to ask more questions about the article, including whether it poses a conflict of interest.
Dr. Paul Earley's video testimony had previously been played to the jury by the family's attorney on Day 33 (19 Jun 2013) of the trial.
No Jackson’s were present in court.
AEG called their next witness Dr. Paul Earley, an addiction medicine specialist. Earley published a study based on more than 20 case studies of people addicted to propofol (they were all medical professionals.). AEG Live paid to have the study completed. Earley said he compiled some of the materials before his involvement in the case. AEG Live defence attorney Kathryn Cahan asked about the study and how much AEG Live paid for its completion. Earley said in all, AEG paid about $53k for the study to get completed, including money to pay for a writer, statistician. Earley said AEG Live agreed to pay for the study because there wasn’t a lot of literature about propofol addiction. AEG wasn’t shown an advance copy of the article, which was published in March 2013 in a medical journal, Earley said.
Earley said despite AEG payments, he was giving an independent opinion. Earley said he had treated about 25 cases of propofol addiction during his 30-year career (all were medical professionals). Earley said he couldn’t offer an opinion on whether Jackson was addicted to Propofol, but he saw signs of abuse of the anaesthetic. Earley said he did believe that Michael Jackson’s life expectancy was reduced, but he couldn’t estimate by how much. He said Jackson’s prognosis for survival was grave due to his drug use, including Propofol and use of opioids, other medications. The doctor said with Propofol, small changes in the dose can make a big difference in the impact on the person, so caution was necessary.
Earley was shown a slide contrasting how people receive Propofol versus how they take an opioid medication. Propofol required 13 items for safe administration, versus a glass of water or a syringe for receiving opioid drugs. Earley reiterated that as long as the doctor knows what you’re taking and you’re monitored, receiving Propofol is safe.
After the lunch break, AEG Live defence attorney Kathryn Cahan asked Dr. Earley a few more questions about his AEG-funded study. Cahan asked Earley if he thought AEG funding his study was a conflict of interest. The doctor said no. Throughout his testimony, Earley was shown a large timeline showing the various times Jackson asked for or received Propofol in non-med settings. One of the instances noted was the time Jackson received Propofol in a German hotel room in 1997. Earley said one could argue that while that wasn’t an appropriate use of the medication, it was administered properly because of the supervision, equipment used.
The chart also included four times Jackson sought out Propofol for sleep: in 98/99 from Dr. Christine Quinn, in 2002 from Dr. Van Valin and two instances in 2009 from nurse practitioner Cherilyn Lee and Dr. Allan Metzger. Dr. Earley said Dr. William Van Valin II testified that in 2002, Jackson brought him a box of Propofol and asked him to give it to him. Earley said this was evidence that Jackson had the drug. Van Valin refused, saying Propofol was dangerous, according to the slides. Dr. Van Valin’s testimony will likely be played on Friday, when AEG Live will play numerous videos of witness depositions.
Earley said there were several risks to Jackson receiving Propofol in his home, including his risk to stop breathing due his large tongue. Jackson’s tongue could block his airway, as it did several times when Dr. David Adams gave Jackson Propofol during dental procedures. Dr. Earley also said Jackson had a high risk for blood clots because, at least on the day he died, Propofol was being given in a leg vein. The doctor said there’s a higher risk of clots or embolism anytime a leg vein is used to administer a drug such as propofol. Dr. Earley likened Jackson receiving propofol in his home to playing “Russian Roulette” each time he did it.
Plaintiff’s attorney Brian Panish objected to several questions posed to Earley about Propofol use, but judge allowed many of them. Judge Yvette Palazuelos did limit Cahan’s questions to new topics, she wouldn’t let her ask about opinions already given by other experts.
Earley was asked about Jackson’s opioid use, and he said Jackson had legitimate pain issues and that had to be considered. However, Earley said he didn’t see evidence that Jackson had appropriate follow-up treatment for his addiction. “Unfortunately because of his pain related problems, he was re-exposed to the drugs over and over again,” Earley said. Earley told the jury he wasn’t “saying that it’s Mr. Jackson’s fault that he became addicted to drugs.” The doctor said he is himself is a recovering opioid addict, and that it was a challenge to keep the disease in check. For instance, Earley said when he had surgery, he had to explain to the doctor not to give him opioid medications. Giving opioids to an addict, Earley said, turns on a switch in their brains and makes it very difficult for them to refuse the drug.
Plaintiff’s attorney Kevin Boyle took over for cross-examination. Boyle’s questioning was quite spirited, he pointedly questioned Earley on AEG funding the Propofol study and his writings on Jackson. Earley wrote a blog post in 2009 titled, “Michael Jackson: Addiction in the Privileged.” Boyle showed the post to the jury. Boyle questioned if Earley had already made up his mind about Jackson before AEG called him to be an expert in the case. The doctor said no.
Boyle also used a modified timeline that AEG used during its examination, adding the date of May 6, 2009, when AEG exec Paul Gongaware wrote that Conrad Murray’s deal was “done at $150k a month.” That was a couple weeks after Jackson asked for Propofol from Lee and Metzger. Boyle asked if there was any evidence Jackson asked for Propofol after May 6. “No evidence,” Earley said. “Sounds like he got it.” Boyle then asked Earley to confirm that Jackson found his Propofol from “the doctor hired by AEG Live.” The question was immediately stricken.
Several of Boyle’s questions and comments were stricken by the judge as argumentative throughout his 45-minutes of questioning. For instance, Boyle asked if Earley was glad Mrs. Jackson wasn’t in the audience today. The question was stricken.
Earley said that his blog doesn’t imply that Jackson was an addict. Boyle was incredulous and asked Earley if he was really saying that with a straight face. That comment was stricken. Earley said he wrote his blog in the hopes that the Jackson family would see it and use it to underscore the dangers of addiction. Boyle also showed the jury Earley’s article that was paid for using AEG Live’s support. The attorney asked several questions about it. He noted that the first page states the authors didn’t have a conflict of interest. Earley re-iterated he didn’t think one exists.
Boyle questioned Earley on whether he told his research partner (another doctor) that he was being paid as an expert in a lawsuit. Earley said he told his research partner that he was doing research for AEG Live and may have mentioned it was a case. The doctor said his partner didn’t express any concern about Earley’s role in the case or AEG Live’s payments to get the article done. AEG apparently didn't inform Earley he would be called to testify until March 2013. Article was accepted for publication 2 months before. Boyle asked Earley how many medical journal articles are funded by concert promoters. Earley said he wasn’t aware of any others.
The court recessed for the day. Boyle’s cross-examination will resume Wednesday.
More details from Dr. Paul Earley’s testimony.
Dr. Earley was contacted by AEG because of research he had done on propofol while treating many medical professionals with addictions. The final draft of his study was ready to be published in January 2013. Dr. Early Testified that AEG had no information of study conclusions. Also in January 2013 Dr. Earley's status changed from consultant to AEG to an expert witness. Now he could review Jackson's and court records.
Dr. said there was not enough evidence that Jackson was addicted to Propofol but he was seeking out doctors for the medication. The propofol was having negative effects on his life and on a medical scale of life expectancy he said Jackson condition was grave. He used a slide in court to show the 4 reasons he felt Jackson’s condition was grave.
2. Opioid Addiction
3. Drug synergy between the Propofol and other drugs he used.
4. Obstacles for a successful recovery.
The first version of his study was ready to submit the the medical journal in October 2012. The final version was 3 revisions later. The Journal Editors questioned Dr. Earley who AEG Live was after the submission. He responded an entertaiment company he was doing work for. He testified no conflict of interest because he was doing research on medical professionals who were addicted to propofol not Lackson or his case.
Jackson had a large tongue and with Propofol the tongue could cover wind pipe. Earley saw the autopsy report. There was no sign of a breathing tube on his body or at his house. Dr. Earley talked about Jackson’s addiction to opioids from 1993 until his death. He did go to rehab in 1993 but there was no real follow. He spoke about his own battle with addiction 30 years ago and his medical license and the legal system became more important than drug. He outlined 7 factors/obstacles Jackson faced - duration of addiction - no evidence of him saying no to pain medication- failed attempts - secrecy - hard for celebrities to get into treatment and then have the support after rehab - continued pain and available prescriptions.
Dr. Earley said he is surprised when someone is addicted to both opioids and Propofol. The Propofol is not easy to get and not easily administered. He said although about 70% of addicts have insomnia Propofol is not a cure.
Although Jackson's use of Propofol at home and in a hotel was never recorded on his medical records, Dr. Earley testified there was not enough evidence that Jackson was addicted to Propofol.
Dr. Paul Earley continued to be cross examined by Kevin Boyle for the family, it was said to be a bit
more subdued than yesterday’s but was still very pointed. Earley said he had written two or three peer-reviewed articles. He said some were published in European journals. Boyle then showed Earley the conflict of interest policy for the journal where the AEG-funded article ran. The policy states potential conflicts of interest should be disclosed on the cover sheet when the article is submitted. Earley said he did disclose that AEG Live paid for the research funding as spelled out in the policy. AEG’s payments were listed on the article’s seventh page. Earley said he had no control over where the disclosure was listed, that was the journal’s decision. He testified he was not trying to hide the AEG connection saying that was ridiculous. The journal article focused on case studies of 22 medical professionals who had Propofol addiction. Boyle asked if they were all alive. Dr. Earley said he didn’t know and he couldn’t contact the people in the study due to medical privacy laws.
Boyle showed Earley the ethical guidelines of the American Society of Addiction Medicine, which state members should only provide general information about addiction and not offer diagnosis on celebrities or other public figures. Boyle questioned whether Earley’s blog posts on Michael Jackson violated those guidelines. Earley said he didn’t think they did. Earley wrote a second blog post in Dec. 2011 that had the headline: “Murray Convicted -- Addiction Wins.” Earley said he wrote the post to draw attention to an article written by friend and journalist William C. Moyers.
Boyle pressed Earley on his use of the term addiction, again asking whether he’d made up his mind about Jackson’s case by then. Earley said he hadn't made up his mind about Jackson and was merely trying to draw attention to the problem of addiction. Boyle: “You were referring to Michael Jackson.” “I was referring to the addiction problem, so the answer is no,” Earley said. By this point, Earley was already doing research for AEG Live, although the company hadn’t agreed to fund his study by then. Earley posted the blog without consulting or asking AEG for permission.Boyle asked about Earley’s payments on the case. The doctor estimated he’d been paid $80-90k on the case, not including his testimony. After more AEG questions Earley exasperated said he was tired of this!
Boyle asked if Earley was relying on his own experiences as the basis for his opinions in the case. The doctor said only to a small extent. Earley was very candid about his addiction, saying he was at one point nearly homeless and had to relinquish his medical licence. He was criminally charged with writing prescriptions to himself under false names and went into treatment. His work in the addiction medical field grew out of his recovery and rehabilitation. His issues were in the early 1980s, he said. Earley said his drugs of abuse were oxycodone, heroin, codeine and hydrocodone. Boyle repeatedly commended him on his recovery. The attorney asked Early whether in the depths of his addiction, his prognosis was grave. “Yes it was,” Earley responded.
Earley said in response to one question about his recovery that while he survived, many of his colleagues with addiction have not. The doctor said it was a miracle, by the “grace of God” that he survived. Many of his patients have been addicted physicians. Boyle asked the doctor whether during his addiction, he had a concert promoter involved in his life, medical care. Earley said he didn’t. Boyle asked about the role of a family’s love in the recovery of an addict. Earley said it was important in his early stages of recovery. “Michael had a lot to live for,” Earley said of Jackson and his love for his children, which could have aided in a recovery. Boyle asked whether Jackson having full time access to a doctor like Conrad Murray would be a trigger for his addiction. Earley said Jackson had access to the doctor, but it was the doctor’s responsibility to be a gatekeeper to drugs and medications.
In general, there were a lot of delays in testimony today. Lots of sidebars and objections and some charts that had to be quickly redone. One such delay happened when Boyle asked Earley to find the entry for Propofol in the 2009 edition of the Physicians’ Desk Reference. The Physicians’ Desk Reference, AKA PDR, has detailed entries on many drugs. It’s the book Cherilyn Lee used to discuss Propofol with Jackson. Earley couldn’t find the entry in the PDR so Boyle asked partner Brian Panish to locate it. He couldn’t find it either. It turns out another lawyer, Michael Koskoff, had ripped out the pages on Propofol while questioning another witness, Dr. Levounis.
Kevin Boyle’s examination after lunch focused on the times that Jackson requested Propofol over sleep _ they said in court it was four times. That wouldn't include anaesthesiologist Dr. David Adams, who Jackson approached in 2009 but didn’t discuss Propofol by name. Boyle showed a chart listing those requests by Jackson, adding the May 6, 2009 date that AEG executive Paul Gongaware said Murray’s deal was done. Boyle’s point was that Jackson didn’t request Propofol from anyone else after Murray was working with Jackson on the “This Is It” tour.
AEG’s lawyers point to Murray ordering Propofol before that date. Boyle later noted Gongaware’s testimony about talking to Murray about working on the tour and his request for $5 million. That happened 3 to 5 weeks before the May email indicating Murray’s deal was done.
Kathryn Cahan for AEG showed Earley and the jury a chart that listed Murray’s first treatments of Jackson in 2006, and propofol shipments from April-June 2009. Earley said in response to a question by Cahan that before Jackson’s death, Propofol addiction was virtually unknown by the public. Cahan asked the doctor about his blog posts. He said he didn’t think they were an issue because he wasn’t making any diagnoses. Earley was asked whether Jackson should have avoided doctors. He said no… he needed treatment… but he needed to disclose all his conditions.
Kevin Boyle for the family took back over and asked some questions about Earley’s co-author on his AEG-funded Propofol study. The co-author had his medical licence suspended due to some addiction-related legal problems, he wasn’t working in medicine at the time the study was written. Earley said his co-author has since had his licence reinstated and is working in New York. Boyle also asked Earley about whether he had any control over how AEG used his study in the case. The doctor said no. Earley said he also didn’t have control over how the plaintiff’s used his research, or any other research that’s been published. Boyle likened AEG’s payments to Earley’s research as similar to private money turning into a nuclear weapon. “This is a small study. I’m not building the atom bomb,” Earley responded.
At the end of his questioning Boyle asked Earley about his opinion that you can’t blame an addict for their addiction. “In medicine, we don’t talk about blame,” Earley said. This opinion was played earlier in the case for the jury. Boyle ended by asking Earley if he was aware that Murray ordered more than four gallons of Propofol for Jackson. The doctor said he was.
The court session ended, the court will sit again on Friday.
Enough time to read your last post. I really hope you didn't waste 3 hours typing that shit out.
Some more details of Dr. Paul Earley’s testimony.
Dr. Earley was in treatment for 9 months and got clean.
During morning session DPR did not have Propofol in the book. In the courtroom Boyle was handed a note. The page with propofol had been torn out in a dramatic moment earlier in the trial. Laughs in the courtroom.
After lunch the drugs found at Jackson’s house in 2009 were discussed. The list of drugs found at the house but not in Jackson's body according to the Coroner report was Lidocaine and Ephedrine. Used to try to help Jackson. From there they moved on to Demerol. Dr. Earley said he was only aware of 3 cases that a person died of an overdose given by a doctor. Attorney Boyle tried to make the case that dying from Demerol administered by a doctor was rarer than being trampled by an elephant or hit by tsunami.
With a graph showing Jackson Demerol Injection from Dr. Klein, in the last couple months of Jackson’s life. He went only 4 days until May 5th. Attorney Boyle made the point that on May 6th AEG Executive Paul Gongaware sent Dr. Murray the email "Done" $150,000. Then Earley was questioned if Propofol can mask the symptoms of Demerol withdrawal. He said it can mask some of those symptoms
On redirect by AEG attorney Cahan, Earley says he didn't see the Gongaware email until court on Tuesday. They put back up the Propofol slide with info added:
04 Feb 2009 Jackson tells Dr. Salvit Murray is his personal physician.
06 Apr 2009 Dr. Murray makes the first order for Propofol.
28 Apr 2009 Murray orders more.
12 May 2009 Orders more.
06 Jun 20099 More Propofol ordered.
Dr. Earley said he learned of the Propofol toxic in news reports. He said he had begun seeing Propofol cases in medical professionals in 2008. He started cataloguing cases to look at them at a later date and possibly do a study at a later date. Dr. Earley said he started study before lawsuit filed, AEG could have influence of it if he was time traveller
On Recross by Kevin Boyle Dr. Earley was questioned about the Study. He was asked about a conflict of interest with AEG funding, he says didn't affect result. Findings were very uncommon addiction for medical professionals, 1.6% are addicted. Half use other drugs, more women are addicted and there is a rapid decline. Addicts commonly are depressed and have had child trauma
Earley told the details of his addiction. Used for about 5 years. Wrote prescriptions with other names for self and was arrested. He went to drug court and was sentenced to the program where he is now. His licence was suspended but he got it back. Program is why alive.
Dr. Earley was excused.
Plaintiffs question AEG witness' credibility
Daft Punk should seriously consider this as a re-release:
https://www.youtube.com/watch?v=bps8wbqGiI4
He was a pervert, but who really gives a shit when you can dance?
Oh, I guess you do.
reading about the plaintiffs cross examination of witnesses I get the impression that they feel that they are losing the argument and are getting desperate and overly combative.
Maybe the attorney's for the family think it works well with the Jury, but from reported groans by the jury and admonishments from the judge they may be misjudging the situation.
Because you'll be lucky to find a person in America that isn't awestruck by fame.