Final Opinion on 2nd Appellate Court of California vs. Dr. Khristine Eroshevich and Howard K. Stern. I have not read it yet so will give my opinion after I read it and after I ask for on record statements.

March 28, 2018 Final Opinion from 2nd Appellate Court on California vs Stern (79)

For reference sake this article we had in October 2012 states most of the same things. That article was titled; Howard K Stern and Dr. Khristine Erosovich has Major loss as California Appeals Court Reverses and Remands back to Judge Robert Perry”. This latest opinion has added two more pages but so far as I read it is just the same as last year.

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

Am I the only one who thinks California should just let this go and not keep spending tax payers money of a selected case to prosecute?

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©Rose Turner
March 28, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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California Appeals Court today, October 18, 2012, Reveresed Judge Perry’s decision to dismiss charges against Howard K. Stern and ruled that the felony conviction MUST be reinstated on Dr. Khristine Erosovich.

Here is the main description and the download has now been FIXED!

Oct 18 2012 California Appeals Court Reverses Remands with Direction the Trial court Dismissing and/or lowering the Charges on Howard K. Stern and Dr. Khristine Eroshevich

10-18-2012-Appeals Court Reverses Decision and Remands back to Judge Perry (209)

The clear thing that sticks out if the first paragraph:

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern?s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders.

Next the Court gives some directions to Judge Perry Court of alternative positions to take to still dismiss the charges on Howard K. Stern:

We agree with the prosecution that Mr. Stern?s new trial motion could not be granted nor the charges dismissed on the ground the evidence was insufficient as a matter of law. But, as we will explain, what can occur to Mr. Stern once the remittitur issues is limited by the double jeopardy provisions of our Constitutions.

Here, we conclude the trial court incorrectly granted Mr. Stern?s new trial motion; the evidence was not insufficient as a matter of law. As will become clear, the former jeopardy effect of the erroneous order granting Mr. Stern?s new trial motion is the same as an acquittal. Similarly, we conclude the trial court dismissed the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law. Thus, we reverse the orders granting Mr. Stern?s new trial motion and dismissing the case pursuant to section 1385 as to both defendants. Once the remittitur issues, the trial court may take up the remaining new trial motion issues, dismiss on other grounds pursuant to section 1385, or even impose sentence. But, there is one thing the trial court may not do and that is to order Mr. Stern to be retried.

Some background on the proceedings are given by the Court of Appeals:

Dr. Kapoor was acquitted of all charges. As to count 3, the jury found defendants conspired between June 5, 2004, and September 10, 2006. As to count 1, the jurors found defendants conspired between September 11, 2006, and February 8, 2007. The jury found defendants conspired to commit two crimes. The first target offense was to obtain controlled substances by fraud, deceit or misrepresentation or concealment of a material fact. (Health & Saf. Code, § 11173, subd. (a)2.) The second target offense was to unlawfully give false names or addresses in prescriptions for controlled substances in violation of Health and Safety Code section 11174.3

Dr. Eroshevich was also convicted of two other charges. She was convicted in count 7 of obtaining controlled substances by fraud or misrepresentation in violation of Health and Safety Code section 11173, subdivision (a). Further, she was convicted as charged in count 9 of giving a false name or address in a controlled substance prescription in violation of Health and Safety Code section 11174.

Next we have a summary of the Trial Court’s Ruling of Judge Robert L. Perry:

Howard K. Stern

Preliminarily, the trial court found Ms. Marshall suffered from chronic pain syndrome; further, her “drug-seeking behavior” was primarily due to inadequate control of pain rather than addiction. The trial court was further persuaded the overriding purpose in procuring controlled substances in names other than Ms. Marshall?s true name was to protect her privacy. With respect to prescribing medications in a false name, the trial court concluded the law was vague as to what constitutes a false name. The trial court found no basis for charging a conspiracy ending on September 10 and a new one beginning the very next day on September 11, 2006. More significantly, the trial court found, “[T]here is [no] evidence in the record at all that Howard Stern lacked a good faith belief that the practice of obtaining prescription medicines for [Ms. Marshall] in names other than [her true name] could be against the law.” The trial court found Mr. Stern acted to protect Ms. Marshall?s privacy, as had most of the doctors and hospitals that had dealt with her. The trial court concluded: “When I consider all the evidence, and even viewing it in a light most favorable to upholding the verdict, I find it is clearly insufficient. Under these circumstances, I find no reasonable trier of fact could find that Howard Stern had a specific intent to violate either of these target crimes . . . and I do grant a motion for new trial to Mr. Stern on these [conspiracy] counts . . . .” Immediately after granting Mr. Stern?s new trial motion, the trial court stated: “[B]ut I?m going further. [¶] I find the evidence at trial was so lacking and insufficient to show a specific intent to join a conspiracy on the part of Howard Stern to commit these target crimes, that I do believe the interest of justice supports the dismissal of these counts as to Mr. Stern, and I so order. And this, of course, is under Penal Code section 1385 . . . .”

The minute order prepared for Mr. Stern sets forth the trial court?s reasons for dismissing counts 1 and 3 as required by section 1385: “On the court?s motion, counts 1 and 3 are dismissed due to insufficiency of the evidence. [¶] The court further clarifies that it is dismissing counts 1 and 3 in their entirety, which includes all hung target offenses, due to insufficiency of the evidence as a matter of law pursuant to Penal Code section 1385.”

Dr. Khristine Eroshevich

Having dismissed the conspiracy counts as to Mr. Stern, the trial court turned to Dr. Eroshevich?s motion. The trial court concluded: “I don?t think there was an agreement between the two of them to violate the law, and . . . I don?t think the conspiracy counts can stand [as to Dr. Eroshevich], and so I dismiss those as well . . . .” The clerk?s minutes for Dr. Eroshevich contain no statement of reasons for the dismissal. The minutes state concerning Dr. Eroshevich: “The cause is argued and the court grants defense motion to dismiss counts 1 and 3 pursuant to . . . section 1385 due to insufficiency of the evidence.” No other language pertinent to the dismissal of counts 1 and 3 as to Dr. Eroshevich is contained in the clerk?s minutes. We will later discuss the effect of the absence of any language in the trial court?s oral order or the clerk?s minutes concerning: the substantial evidence standard of review; having viewed the evidence in a light most favorable to the verdicts; and that no reasonable trier of fact could find guilt beyond a reasonable doubt. (People v. Hatch, supra, 22 Cal.4th at p. 273; People v. Salgado, supra, 88 Cal.App.4th at p. 10.)

However, the trial court denied Dr. Eroshevich?s motion for a new trial or to dismiss as to counts 7 and 9: “I choose not to disturb the jury?s verdict regarding [Dr.] Eroshevich on counts 7 and 9. There is no doubt in the court?s mind that based on the evidence [Dr.] Eroshevich acted out of a heart-felt desire to help her friend. Obtaining a prescription in the name of another person, Charlene Underwood, without [Ms.] Underwood?s knowledge or consent was clearly wrong and constituted a violation of the law. As a doctor[,] [Dr.] Eroshevich well knew she should not have done this and it is clear to the court that she acted with the required intent to defraud.” However, the trial court “vacated” the count 9 conviction on grounds it was not appropriate to punish Dr. Eroshevich twice for the same act. The trial court then reduced count 7 to a misdemeanor. The prosecution has not appealed the trial court?s orders with respect to counts 7 or 9.

However, DON’T get to excited here, the Appeals Court gave Judge Perry several options to dismiss the charges or other options but not that of a NEW TRIAL. This is becoming the cases that never ends!

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

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©Rose Turner
October 18, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Tags: Adam Braun Esq., Anna Nicole Smith, Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Daniel Smith, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, L. Lin Wood, Lin Wood, Los Angeles, Los Angeles District Attorney, misdemeanor with probation, Neil McCabe, Nicole White, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Rene Rose Esq., Renee Rose, Ron Rale Esq., Rose Speaks Face Book, Rose Speaks Twitter, Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

This is an unedited, draft entry. Please refer to the MSM (mainstream media) for 100% accuracy. If you are copying and pasting to other web sites before the edit, please be sure to include a link-back to this specific entry and this disclaimer with your copy. Thank you, Sprocket.

Deputy District Attorneys:
Deborah Brazil
David Walgren

Defense lawyers
J. Michael Flannigan
Joseph Low
Edward Chernoff

#21 Christopher Rogers LA Co coroner Chief forensic medicine.
##22 Dr. Richard Lewis Ruffalo Clinical Anesthesiologist

Christopher Rogers

LA Co coroner. position. Chief forensic medicine. Supervise doctors who work at coroner’s office, and occasionally do autopsies himself.

Manner of death?

Homicide

Homicide based on what?

It was based primarily based on the info we had on the medical care MJ receded. The care was substandard.

Cross by Flanagan.

Now tell me, how do drugs get in to the heart blood?

Well, in this setting, propofol has to be administered intravenously, and so that blood circulates throughout the body.
.
So, an injection? Yes. Iv? Yes. Orally Yes.

But in the event that propofol were taken orally, that’s one way it could appear in the stomach? Yes, that’s a way it could appear in the stomach.

And if this is the hypothetical, of ingestion of propofol by the decedent, and ingestion of lydocaine, by the decedent, this would not be a homicide?

I would think it would still be a homicide. Based on the quality y of the medical of care, I would still consider it a homicide even if the Dr. did not give the propofol…

REDIRECT

Let’s assume that Dr. left him alone with the patient and the patient self administered, (snip; I don’t get the full hypothetical) you would still (rule it a homicide based on the standard of care.)

Yes.

Recross Flanagan

So, even if Dr. Murray gave more than 25 mg between 1040 and 10:50 we still have the same result that MJ would be awake at 11 o’clock?

Yes, assuming there was a single dose.

And that he would also be dead by 11 o’clock? ???

Richard Lewis Ruffalo

Anesthesiologist.

And what’s a clinical pharmacologist? That’s someone who studies drugs and how they are used.

So, he thinks the numbers of the benzodiazapams from the heart blood, he thinks reflect an injection/ingestion of a HIGHER dose than what Dr. Murray states he gave.

To read the rest of the first part of day five and for all of the detailed information as to what Sprocket heard and saw visit Trials and Tribulations.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-6-part-i.html.

Postscript added by Sprocket 5:54 p.m.

This is an unedited, draft entry. Please refer to the MSM (mainstream media) for 100% accuracy. If you are copying and pasting to other web sites before the edit, please be sure to include a link-back to this specific entry and this disclaimer with your copy. Thank you, Sprocket.

Focusing on just those that you mentioned, who now become an extreme departure of care.

Yes.

So each individual, when you put them together, it becomes so egregious, that it becomes extreme. That any physician should know should be trained in the basics of life support.

Overall, identified several points of extreme deviation of care.

And addressed the one handed CPR on the bed. “Totally useless.”

One handed behind the back? It’s totally useless. You can’t get enough pressure to push down on the chest. We use that in neonatal. Describes what you should do with an adult in the bed. Describes how you get them out of the bed easily. Even if you claim you can’t move the person from the bed, the proper training would be to protect the head, slide the individual off the bed, and then be able to start chest compression.

Even if they are morbidly obese, you can generally do that…

Cross by Flannigan

45x what it is in the hospital blood. That doesn’t go with your theory.

Yes, I made a mistake.

Now if we have 45x whets in the stomach than what’s in the blood. then we have evidence of oral ingestion.

We may have to check with the coroner, to check with what the numbers mean. Now, it doesn’t make sense unless he ingested it orally.

So, we’re back to it being orally? Well, we’ll have to talk to the coroner.

It’s a big difference isn’t’ it?

I totally agree.

REDIRECT

Assuming self administration as Mr. F included, would any of your opinions change in your standard of care?

No. You don’t walk away from a patient. (explains in detail. Addicts, that is the first tip off, you don’t walk away, just like a heroin addict.)

The people rest their case.

No defense presented except a statement

Judge Pastor: Is the Attorney General present? (did JP ask that? I think they said they were!)

JP said he was ready to rule on that request (from the medical board).

This court has reviewed all the evidence the def motion to dismiss is denied. Appear 2 me of the evidence the offense has been committed, in order Dr Murray be held there for.

Ms. Saunders Medical board.

We’re appearing on behalf of director of the medical board, to provide justice and that as a condition of bail, that the defendant have restrictions on him as a condition of his bail not to be able to practice…

After trial, that this order to this defendant not practice and to show that an order of the safely to the public has been met.

Since the defendant held over, that there are restrictions on his license are in effect we further request that he be prevented from practicing here in California.

Judge Pastor: Increase the bail, court denies the request. Satisfied that the bail presently set, which is three times the presumptive bail (is sufficient (. Certainly recognize posture. court does have the ability to reconsider, I have done so and I am satisfied and shall remain.

This hearing has been a significant hearing as far as presentation and evidence and the rights of the defense to explore evidence presented and to underline the sufficiency of any case. The cross has been extensive probing and vigorous. There is no erroneous issue of a depravity issue.

So as I balance all of these factors under Eldridge and People vs. Ramirez, due process has been afforded Dr. Murray.

Circumstances have changed have changed dramatically, court finds extraordinary mandates to approving the request by the medical board.

So, he’s restricting the license or banning it all together. cites a case the overall consideration of the protection of the public, and I’m satisfied that non intervention at this time, does impose a danger to public safety.

In this case there is a direct nexus and connection between the actions of Dr. Murray, and a homicide. …and the fitness and competence to practice medicine.

In undertaking an issue of restrictions ct recognizes the standard of proof is not simple probable cause, the standard of proof the ct must utilize, there is clear and convincing proof that there is a certainly that sanctions are appropriate.

Immediately cease and desist from practicing in the state of California is now suspended by this court as a condition of bail.

They are to notify the appropriate authorities in other states within the next 24 hours.

Provide represite proof to this court, in the next 24 hours. to any and all licensing agencies where Dr. M holds a license.

Dr. Murray is not to practice in any other jurisdiction, in less he is so license.

Arraignment will be set two weeks from today. January 25th, at 8L30 A. M.

Nothing else?

Sprocket goes into detail, it is a great read and gives more information then what the main stream media has time to give. Be sure to keep up with all of the trials covered by Trials and Tribulation.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-6-part-ii.html

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl who is in charge of the community has made it easier to join and be part of the discussion.

©Sprocket
January 13, 2011
Used with the permission of Sprocket Trials & Tribulations
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our true crime writer, Sprocket, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: (antianxiety), (antidepressant), (Ativan), (Restoril, a sleep aid), Alveraz, applied forensic scientists, Applied Pharmacy Services, Arizona Cal State, attorney Ed Chernoff, Benoquin, benzodiazepine, Beth Karas, Betsy Ross, Beverly Hills, Board certified in criminalistic, bottles of medicine, Brian Oxman, Brian Oxman Esq., Bridgette Morgan, California Attorney General Jerry Brown, California Medical Board, cardiologist, Cardiologist fellow, Celebrity Trials, Chernoff & Alford, Christopher Rogers, Clonazepam, Co-director Co-creator THIS IS IT tour, Computer forensic examiner, Conrad Murray rips off Medicare, CPR, CPR on a bed, CPR on bed, CPR with one hand, Criminal Neglect, criminologist., Dan Myers, David Adams, David Walgren, David Walgren Esq., DDA Debrah Brazil, DEA, Debrah Brazil, Defense attorneys, Defense lawyers, Deputy District Attorney David Walgren, Deputy District attorneys, Detective Dan Myers, Detective LAPD, Detective LAPD Dan Myers, Diazepam, Dr. Conrad Murray, Dr. David Adams, Dr. Klein, Dr. Metzger, Dr. Murray Ed Chernoff Esq., Dr. Murray’s Girlfriend, Dr. Richard Lewis Ruffalo, Dr. Richard Lewis Ruffalo Clinical Anesthesiologist, Edward Chernoff, Edward Chernoff failure to advise the paramedics, Elissa Fleak, England, Exhibit numbers, failure to advise to treating doctors, failure to maintain any appropriate medical records, FedEx, FedEx tracing, Flomax, Girlfriend of Dr. Murray, Glendale California High Profile Trials, Hollywood, Hollywood Criminal Justice, homicide detective, Houston Texas, In Session, Involuntary Manslaughter, iPhone, IV at 2 am, IV. At 5 am, J. Michael Flanigan, Jackson was an Addict, Jaime Lintemoot, Jeff Strohm, Joe Jackson, Joe Jackson attorney, Joseph Low, Judge Michael Pastor, June 25 2009, Katherine Jackson, known addict dangerous drugs, LA coroner Christopher Rogers, LA County Coroner Investigator, LA robbery homicide, laboratory summary report, LAPD, LAPD Dan Myers, LAPD detective, LAPD robbery homicide, Las Vegas federal prosecutor, Lidocaine lotion, London, London England, Lorazepam, Los Angeles County Coroner’s office, Los Angeles Superior Court Judge, Los Angeles Superior Court Judge Michael Pastor, maintain any appropriate medical records, Martin Blount, medication used for vitiligo, Michael Amir Williams, Michael Flanagan Esq., Michael Penia, Micheal Jackson’s oldest son, Midazolam, Ms. Saunders Medical board, Murray is the fall guy, Murray responsible for Jackson’s death, name missed, Nicole Alvarez, one handed CPR, Orlando Martinez, overdose of propofol, prescribed by Dr. Klein, prescribed by Dr. Murray., prescription anesthesia drug, prescription medication, Propofol, Prosecution Witnesses, prostatic hypertrophy, Sade Anding, saline bags, Senior criminologist., Sproket, Stephen J. Marx, Temazepam, Tim Lopez, Trazodone, Trials and Tribulations, UCLA, UCLA Emergency, used in hospitals during surgery, Valium, vitaliago, ‘This Is It’

Please refer to the MSM (mainstream media) for 100% accuracy. If you are copying and pasting to other web sites before the edit, please be sure to include a link-back to this specific entry and this disclaimer with your copy. Thank you, Sprocket.

Deputy District Attorneys:
Deborah Brazil
David Walgren

Defense lawyers
J. Michael Flannigan
Joseph Low
Edward Chernoff

Witness #17 Stephen J. Marx, computer forensic examiner
Witness #18 Tim Lopez Las Vegas specialty pharmacy owner
#19 Jaime Lintemoot Senior criminologist. LA co dept of coroner’s office.
#20 Orlando Martinez city of LA robbery homicide.

I can’t remember who told me this (I think it was In Session’s correspondent Beth Karas but I’m NOT positive) but one of Dr. Murray’s attorneys is J. Michael Flanagan. Apparently, Flanagan is noted for achieving an acquittal for a defendant in another case involving propofol.

DDA Walgren: We will be calling toxicologists to the stand today or tomorrow. There will be summary report of that finding that will be introduced. No problem from the defense about that.

DDA stipulate that iPhone is the phone recovered on July 28th, 2009. All stipulate.

DDA discussed Marx’ background, employment on July 28th, 2009 Computer forensic examiner in the DEA. Now since retired. Was employed 7-8 years. responsible for extracting computer evidence and present it for evidence (at trial).

DDA Q: Did conduct analysis of this iPhone as related to the unallocated space.

Marx: Yes.

DDA Q: Did you find some screen shots?

Marx: Yes I did.

(Sprocket note: Clerical issue. Walgren restate numbering issue. Goes over the Exhibit numbers and what they are specifically. I check with reporter next to me who believes it was Conrad Murray denying the release of his medical records regarding Michael Jackson.)

DDA Q: (Ms. Brazil direct.) Through questioning, establishes Lopez’ background. Employed as a pharmacist for 15 years. Business owner of Applied Pharmacy Services, located in Las Vegas, Nevada. Describes his duties as owner; clientele is patients that have been directed by a doctor/facility.

Through questioning, DDA establishes that in June (Sprocket note: year illegible may be 2008) received a phone call from Conrad Murray. He identified himself as African American and that most of his patients were African American and that some of these patients suffer from vitaliago. He was asking about bedoquin product, regarding the strength it comes in. Murray was interested in the 20% strength.

DDA Q: Did he ask if you were able to provide medications for his other clinics?

Lopez: Yes. He asked about propofol and saline bags.

Sprocket then goes through the amount of supplies and medicines ordered from Lopez and shipping information including FedEx tracing.

Cross by defense attorney Low.

Q: Is it fair to say as a pharmacist, part of your job is to provide prescription medication to doctors?

Lopez: Yes.

Q: There are a lot of laws and rules and regs your supposed to (comply with)?

Lopez (paraphrasing): Before you [can] be a good pharmacist, is following the rules, is before filling a new prescription, you need to verify the validity … of the license.

To read the rest of the first part of day five and for all of the detailed information as to what Sprocket heard and saw visit Trials and Tribulations.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-5-part-i.html.

1/12/11 6:30 am partial edit by Sprocket & bolding to highlight testimony.

This is an unedited, draft entry. Please refer to the MSM (mainstream media) for 100% accuracy. If you are copying and pasting to other web sites before the edit, please be sure to include a link-back to this specific entry and this disclaimer with your copy. Thank you, Sprocket.

JAIME LINTEMOOT

LA co dept of coroner’s office. Senior criminologist. What is a senior criminologist. As a criminologist. my job is to study science as it pertains to the law. How long employed as criminologist? About 9 years.

have received formal education Yes. She describes DS in forensic chem. from Arizona Cal State applied forensic scientists. Board certified in criminalistics

Prior to 2005 office did not have a method to determine propofol (in the body). She did research and established a method to find propofol (in bodies).

She had to find a drug that mimic the drug standard. Do duplication studies. Had to determine recovery, many things that go into establishing this method.

Prepared an 8 page report detailing her findings. Peoples 68.

A laboratory summary report was prepared that detailed all her findings. She specifically handled the propofol. Yes.

Cross by Flanagan.

Why is it different from the femoral blood?

obj calls for speculation.

It is not uncommon for us to have different numbers from femoral blood and heart blood. If going overall level, will rely on femoral blood (vs. heart blood).

Orlando Martinez

Work city of LA robbery homicide. What do you homicide section investigate deaths. 16 years. Since May of 2005

One of lead investigating officers?

Yes.

Were you assigned and working on this case? yes.

Did you make efforts to make contact with the defendant in this case? I did

Was able to make contact on June 29th?

At some point on June 26th, made contact with Michael Penia?

Made arrangements to sit down and meet with the defendant…

Dr. Murray said he received a phone call from Michael Amir Williams requesting to treat him for the tour.
did Dr M tell you that MJ wanted him to accompany him on this London tour? Yes.

Sprocket goes into detail of this detective interview with Dr. Murray about the last night and day of Michael Jackson’s life.

Cross.

Chernoff. You left out a lot in your discussion.

Now talking about the offering a job on the THIS IS IT tour. …do you recall that Dr. Murray told you about a period of time and that MJ called Dr. M in order to obtain a Doctor that would provide MJ with propofol, Dr. David Adams. That other doctor was David Adams.

Sprocket goes into detail about the cross exam of detective Martinez it is a great read and gives more information then what the main stream media has time to give. Be sure to keep up with all of the trials covered by Trials and Tribulation.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-5-part-ii.html.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

©Sprocket
January 12, 2011
Used with the permission of Sprocket Trials & Tribulations.
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our true crime writer, Sprocket, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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PART ONE EDIT TIMES
Friday, January 7, 2011 (notes edited January 7, 2011 by Caligirl9 at 4 p.m.)
Correction edit by Sprocket 1/8, 9 p.m.

Deputy District Attorneys:
Debrah Brazil
David Walgren

Defense lawyers
J. Michael Flanigan
Joseph Low
Edward Chernoff

Witness #12: Detective Dan Myers LAPD detective.
Witness # 13 Sade Anding Girlfriend of Dr. Murray
Witness #14: Bridgette Morgan
Witness #15: Nicole Alvarez Girlfriend of Dr. Murray
Witness #16: Elissa Fleak LA County Coroner Investigator

Detective Myers continues

Cross by defense attorney Ed Chernoff

Myers: Sade Anding was one of the people that he talked to and that she was the phone call of 11:51. Yes. Misstates. The call was to Miss Anding, not from.

Direct of Sade Anding from Houston Texas

DDA Q: From that first meeting with Dr. Murray, did you see him with some frequency? (Objection sustained.) When you first meet him did you see him on other occasions? Did Dr. Murray refer to you as his girlfriend? Were you Conrad Murray’s girlfriend?

Anding: Yes.

DDA Q: What time was it your time in Houston [when Dr. Murray called]?

Anding: I know it was 12:30 about. It was in the afternoon yes.

DDA Q: What did he say when he first spoke?

Anding: He told me he it was Conrad; he said “Hi,” and “How are you?”

DDA Q: Did you recognize his voice?

Anding: Yes.

DDA Q: [Referring back to June 25 phone call] So you interrupt Dr. Murray and start chatting about your day and going on in your life?

Anding: Yes

12:06 pm

I’m in the cafeteria, wolfing down my lunch before I do some editing then posting the testimony of the last three witnesses, the last being Nicole Alvarez. I don’t think I’ve heard as many “I don’t recall” answers in my life!

DDA Q: Let’s start with April 2009? Was Dr. Murray living at your residence?

Alvarez: I’m trying to answer accurately. I wouldn’t describe it as permanent residence.

DDA Q: Do you have a son with Dr. Murray?

Alvarez: Yes. Born in March, 2009.

Alvarez knew that Dr. Murray would be going to England. She was invited to go along with him. Doesn’t recall when she was invited.

DDA Q: Were you excited about the trip?

Alvarez: Definitely! Definitely.

The rest covers Alvarez’s testimony about packages deliver to her address and Sprocket take on this witness.

To read the rest of the first part of day four and for all of the detailed information as to what Sprocket heard and saw visit Trials and Tribulations.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-4-part-i.html.

PART TWO EDITS AND TIMES
January 7, 2011 afternoon session. Edited by Caligirl 9 at 5 p.m.
Correction edits by Sprocket 1/8 @ 9 p.m.

Direct of Elissa Fleak

DDA Q Did you document who prescribed?

Fleak: reports diazepam (Valium), Flomax, Lidocaine lotion, lorazepam (Ativan), temazepam (Restoril, a sleep aid) prescribed by Dr. Murray. [ed. note: A cardiologist prescribing a med for prostatic hypertrophy?] Clonazepam (antianxiety), trazodone (antidepressant) by a Dr. Metzger, name missed prescribed by Dr. Klein [ed. note: presume Benoquin as it’s a medication used for vitiligo]

The rest of the coverage of this witness is about photos of Jackson’s rented home and evidence, very worth while reading and visit Trials and Tribulations.

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-4-part-ii.html.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

©Sprocket
January 11, 2011
Used with the permission of Sprocket Trials & Tribulations
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our true crime writer, Sprocket, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: (antianxiety), (antidepressant), (Ativan), (Restoril, a sleep aid), Alveraz, attorney Ed Chernoff, Benoquin, benzodiazepine, Betsy Ross, Beverly Hills, bottles of medicine, Brian Oxman, Brian Oxman Esq., Bridgette Morgan, California Attorney General Jerry Brown, cardiologist, Cardiologist fellow, Celebrity Trials, Chernoff & Alford, Clonazepam, Co-director Co-creator THIS IS IT tour, Conrad Murray rips off Medicare, CPR, CPR on a bed, CPR with one hand, Criminal Neglect, Dan Myers, David Walgren, David Walgren Esq., DDA Debrah Brazil, Debrah Brazil, Defense attorneys, Defense lawyers, Deputy District Attorney David Walgren, Deputy District attorneys, Detective Dan Myers, Detective LAPD, Detective LAPD Dan Myers, Diazepam, Dr. Conrad Murray, Dr. Klein, Dr. Metzger, Dr. Murray Ed Chernoff Esq., Dr. Murray's Girlfriend, Edward Chernoff, Edward Chernoff failure to advise the paramedics, Elissa Fleak, failure to advise to treating doctors, failure to maintain any appropriate medical records, Flomax, Girlfriend of Dr. Murray, Glendale California High Profile Trials, Hollywood, Hollywood Criminal Justice, Houston Texas, Involuntary Manslaughter, IV at 2 am, IV. At 5 am, J. Michael Flanigan, Jackson was an Addict, Jeff Strohm, Joe Jackson, Joe Jackson attorney, Joseph Low, Judge Michael Pastor, June 25 2009, Katherine Jackson, known addict dangerous drugs, LA County Coroner Investigator, LAPD, LAPD Dan Myers, LAPD detective, Las Vegas federal prosecutor, Lidocaine lotion, Lorazepam, Los Angeles Superior Court Judge, Los Angeles Superior Court Judge Michael Pastor, maintain any appropriate medical records, Martin Blount, medication used for vitiligo, Michael Flanagan Esq., Micheal Jackson’s oldest son, Midazolam, Murray is the fall guy, Murray responsible for Jackson’s death, name missed, Nicole Alvarez, overdose of propofol, prescribed by Dr. Klein, prescribed by Dr. Murray., prescription anesthesia drug, Propofol, Prosecution Witnesses, prostatic hypertrophy, Sade Anding, Sproket, Temazepam, Trazodone, Trials and Tribulations, UCLA, UCLA Emergency, used in hospitals during surgery, Valium, ‘This Is It’

As I have read through the 39 page transcript of the criminal hearing from January 6, 2011, I notice several things I will comment on and ask you what are your thoughts to Judge Perry in this hearing? I will then close this chapter of the saga with some personal thoughts.

On the hearing on January 6, 2011 the appearances in front of Judge Robert L. Perry were:

THE STATE OF California. Renee Rose, Sean Carney, & David Barkhurst Deputy District Attorneys for Los Angeles County..

Bradley Brunon attorney at law and his client defendant Dr. Khristine Eroshevich

Steven Sadow & Christopher Smith with their client defendant Howard K. Stern.

Judge Robert Perry first outlined the charges brought by the prosecution, summarized those charges as follows: “The District Attorney brought an extremely complex criminal prosecution in this matter involving three conspiracy counts and eight substantive counts against three Defendants which allege criminal acts over a period of approximately three years. The theory of the case was that the defendants wrongfully obtained excessive quantities of prescription drugs for Anna Nicole Smith, who was alleged to be addicted to said drugs. The charges involved allegations of furnishing statutes and violations of obtaining prescriptions by fraud or in false names. The three defendants collectively faced a potential of 23 guilty verdicts. The jury returned six guilty verdicts, four against Eroshevich, two against Howard stern. Dr. Kapoor, the lead defendant, was acquitted on all counts.

In the next part Judge Robert Perry gives us a rundown of the charges the Jury either found not guilty or found Howard K. Stern and Dr. Eroshevich on with first a statement that in the Court’s opinion “It is the court’s view that the verdict was a stunning repudiation of the prosecution’s case.”

Mr. Stern was acquitted on all eight substantive counts. Stern and Eroshevich were convicted of two conspiracies, count 1, a conspiracy alleged to have commenced on September 11th of 2006, that continued until Ms. Smith’s death on — in February of 2007. Count 3, which was alleged to have commenced on June 5th of 2004, which continued until September 10th of 2006, the day before the count conspiracy was alleged to have commenced. Regarding the conspiracies, the jury found that Stern and Eroshevich CONSPIRED to commit two target crimes: One, to obtain a controlled substance by fraud in VIOLATION of Health and Safety Code section 11173(a), and a second target crime to unlawfully give a false name in a prescription for a controlled substance in violation of Health and Safety Code section 11174. Eroshevich was also convicted of two substantive Counts, Counts 7 and 9. Count 7 pertained to the charge of obtaining a controlled substance by fraud in violation of 11173(a) of the Health and Safety Code. Count 9 charged a violation of giving a false name in a prescription for a controlled substance in violation of 15 11174. Both counts involved a single prescription for Hydrocodone, otherwise known as vicodin, written on November 24th, 2006, by Eroshevich in the name Charlene Underwood.

Judge Perry then gives us the breakdown on the charges the jury deadlocked on and what the vote was by the jury:

“The jury also hung in a split of 6 to 6 for Eroshevich on counts 5 and involving the same event, the prescription for Charlene Underwood. Count 5 charged a violation of unlawfully prescribing a controlled substance, in violation of Health and Safety Code section 11153(a). Count 11 charged a crime of unlawfully prescribing a controlled substance to an addict in VIOLATION of 11156. In addition, the jury deadlocked on certain target crimes alleged in the conspiracies in Counts 1 and 3. The jury hung 5 to 7, 5 would be in favor of guilt, in favor of acquittal, for the target crime of unlawfully prescribing, administering, or dispensing a controlled substance to an addict. As to Count 1, that would be a violation of Health and Safety Code Section 11156, the jury hung 10 to 2 in favor of conviction for the target crimes on Count 1 of unlawfully prescribing a controlled substance in violation of Health and Safety Code section 11153, and excessively prescribing or administering drugs in violation of business and profession code section 725(a). As to the Count 3 conspiracy, the jury found not true that the Defendants conspired to prescribe drugs to an addict in violation of Health and Safety Code section 11156. They — the jury found, or held rather – rather hung 7 to 5 for the unlawful prescribing of a controlled substance, 11153(a), and unlawfully prescribing a controlled substance to a person not under a physician’s treatment for a pathology other than addiction to a controlled substance, a violation of Health and Safety Code Section 11154(A) and (B). The jury also found — or hung 5 to 7 in favor of acquittal for the target crime on Count 3 of excessively prescribing or administering drugs in violation of business and profession code section 24 725(a).“

“The court must view the evidence in a light most favorable to the prosecution. I have concerns about the conspiracy counts, in particular as to Mr. Stern and whether there is specific intent in the evidence to show that he had a specific intent to violate the two target crimes of which he stands convicted in both counts.” At this part of the hearing Judge Perry asked Steve Sadow to address those issues and what the evidence presented at trial.

I like the part that Sadow thanked the AP reporter and quoting from an article that appeared on January 6, 2011 saying: “I have to give due credit to the esteemed and honorable reporter Ms. Deutch for her article today. I don’t know if the Court saw it. But she found a quote that your Honor — a statement your Honor had made — and thank you, Linda. And that’s Howard K. Stern. What the evidence in this case showed is that he and Dr. Eroshevich had an agreement that prescriptions for Anna Nicole would be written in Howard’s name, and that’s all the evidence shows. There is no evidence that Howard knew of any other name, not Ben Stern, not Charlene Underwood, not any other name. He didn’t pick them up, he didn’t have anything to do with obtaining them. There was never a witness who connected any of those names to him or brought to South — to the Keys. That’s what we have.”

Steve Sadow went on to say; “We all had either the fortune or misfortune to sit through two and a half months of facts. The Court instructed the jury, and did so because all of the parties agreed, that if a defendant had a good faith belief that his or her actions were legal, he or she is not guilty of conspiracy. And I really think that’s the crux of where we are because if you look at the evidence in any light, the evidence does not show that Howard K. Stern specifically intended to break the law insofar as these two target offenses, and that he, in fact, had a good faith belief that his actions were legal.”

One of the strongest arguments I think Sadow brought to the Court’s attention is that Howard K. Stern was honest about using his name to Danny Santiago stating: “And based on the evidence here, there is not a single indication that Mr. Stern believed it was illegal to do so and didn’t have a good faith belief that it was okay. They’ve been doing it for Anna since 2000 in Michelle Chase, in Jane brown. They went on and continued to do it in the Bahamas the same way. Howard knew it was going to Anna. Dr. Eroshevich knew it was going to Anna. There was never any question about that. When agent Santiago goes to see Mr. Stern on October the 12th, in a non-custodial setting, Mr. Stern says, Absolutely, it was in my name. It was written for privacy. There wasn’t any question about it. Now, that’s not evidence of a guilty intent. That’s evidence of someone who believes that what he did was legal.”

Judge Perry brought up the question about that pesky black bag stating; “Well, the argument was made that because Mr. Stern had a bag of prescription medication that ended up in the hotel room, that that was some indication of knowledge.” To which Mr. Sadow countered with; “All his name. All Howard K. Stern’s name. Not one other name was in that bag, and that was the beginning of the trial. So we — you know, we have always acknowledged, always admitted, Howard has always done so, he knew they were being written in his name. The question is, did he specifically intend to break the law? Did he know it was illegal to do so? And I’m suggesting that the evidence is insufficient as a matter of law to have convicted on that.”

Judge Perry then turned to Dr. Eroshevich’s attorney Bradley Brunon and asked: “If the evidence fails to support Stern’s involvement in a conspiracy, is it your view that the conspiracy charge against Dr. Eroshevich would fall?” To which Brunon responded in part that; “Yes, your Honor. There would have to be mutuality of intent in the conspiracy and it takes at least two people. And if one of them isn’t criminally culpable, then the other one, I would say, couldn’t be just as a matter of law.”

At this point Mr. Brunon brought up “the elephant in the room” throughout the trial saying: “There’s the additional problem that the Court very clearly, very forcefully and very early in the trial said, we’re not going to litigate Ms. Smith’s Death. And yet, it became kind of a subtle thing, a light motif. We started off very early on with the toxicologist talking about the drugs found in her body at autopsy, obviously a postmortem event. That was followed by Birkhead and others concerning about the ultimate outcome to her health in taking these medications. So it became kind of the elephant in the room.” He further brought up the millions of dollars at stake stating: “[T]hat Mr. stern was trying to drug her into a tractable state where he could make way with Marshal millions, that turned out not to be the case.”

The fact of being a celebrity was addressed by Brunon in stating; “the Journal carried a rather extensive article about the medical data leaks from institutions and doctors that go beyond celebrities to expose thousands, and I think I can cite this simply for the fact that it’s common knowledge — we talked about it during the course of the trial — that celebrities seem to be fair game to anyone that thinks they can make some money off of exposing some secret in their life.” Following this was this exchange with Judge Perry and Brunon:

“THE COURT: I remember the issue involving Farrah Fawcett and her admission at UCLA. and how people were all over themselves trying to find out what she was there for and getting copies of her records.

Mr. BRUNON: And the woman was in terminal condition, and yet someone profited by it.”

It appears that Bunon hints that a medical malpractice suit would have been more appropriate then a criminal trial when he said; “I alluded in my pleadings to the issue that kind of malpractice crept into this, Dr. Eroshevich didn’t practice psychiatry correctly; therefore, she’s guilty of writing bad prescriptions. It had some relevance, but not the relevancy that it was given. I mean, Dr. Botello physically shuddered when he had to consider the photo of Dr. Eroshevich and Ms. Smith in the bathtub … It really wasn’t an issue in the case. In the case — the forgery case”

After the Deputy District Attorney Sean Carney responded the Court said in part: “I did a little review of the schedule of prescriptions. And I looked at it with the idea of finding what the evidence was as to prescriptions that Howard Stern had allegedly picked up that were prescribed by Eroshevich. And I found in my review, and I think that’s what the evidence supports, that stern picked up prescriptions that Eroshevich had issued for Vickie Marshal. There were a number, maybe eight or nine. I can give you the dates if it’s necessary. That he picked up one prescription for Ambien for Anna smith, and then he picked up on four occasions prescriptions in the name Howard Stern.” Then Judge Perry went on to comment on what good pleadings Carney had written saying: “I thought you were correct in your pleading — of course, I think you do excellent pleading work — in that you thought it was a slightly higher standard for the court on its own motion to dismiss.”

Of course the retrying of the hung charges and that either side could appeal came up.

Judge Perry issued his verbal ruling in a thoughtful and precise way that I believe will hold up under any appeal with a multi-page decision. At the end to this detail explanation Judge Perry stated; “Let me make clear that I am dismissing on my own motion in furtherance of justice counts 1 and 2 (corrected to 3) in this case as to all target crimes finding the evidence insufficient. I think that that needed to be said. All right.”

The only thing left was if the D. A. was going to retry Khristine Eroshevich on the counts that there was a hung jury with the D. A. is to let Judge Perry know in writing and that they had sixty days to file a notice and appeal on Judge Perry’s decision.

I am sure one of you has the charging document, [juries written decisions on all charges], or if not perhaps we can find one. I remember reading it right after the trial in October 2010.

I have been reading and talking to some of you about feeling sorry for Howard K. Stern losing four years of his life here. True, but that said, Stern made a conscious decision to enter into the chaos that appears Anna Nicole Smith’s life which entangled all who came to care for her.

I could whine about the three plus years of my life gone and the fact that 90% of the internet including members of Rose Speaks.com turned against me for not being willing to go to jail. I chose not to because simply there was nothing to hide, and unlike other co-defendants I did not have a robbery or had my hard drive in a bank box. They did not lie about what happened to them, but I did have my emails and hard drives. I simply knew that the truth would prevail that many had great lawyers in this and that I just had to batten down the hatches for however long this storm lasted. I chose to enter the chaos of having a blog that covered “All Things Anna Nicole Smith” so I did throw myself into the peripheral chaos by not closing this site and/or not stopping coverage of this horrible ongoing saga.

Who does my heart ache for and will for a very long time? First two moderators of Rose Speaks.com who did nothing and yet ended up in jail on ridiculous contempt charges. Recordings came out during the discovery that had one “witness” taped by a lawyer in two phone calls about putting Lyndal Harrington in jail, anything to get to me for this person’s own personal vendetta. She was willing to take down Bonnie Stern, Lyndal Harrington and Teresa Stephens if the lawyers promised that I would be brought down. What kind of sick person does that? As I told the lawyer I could only listen to one of the two tape phone calls but that my phone records as well as the time line would prove I never was the “brains” behind robberies, hiding of hard drives and filing a bankruptcy even suggesting that I had that kind of power over others is ludicrous. My prayer is that Karma is a bitch and you know who you are. Hint, it happened in the spring of 2009. So it was NOT QV or Havana or any of the people you might think it was. The complete ability to hate so much that you are willing to sacrifice three people you knew were innocent, to get to someone you just wanted to destroy is unconscionadle. Someone you never met and did nothing to you but try to be a support system during what you said, and now I believe was no more than a made up crises. I don’t think I even want to get in the head of someone like that to see the darkness there.

Besides those two moderators my heart bleeds for Howard K. Stern’s parents, Leon and Bea Stern. They sent their son, the baby of the family, to obtain a top notch education and secured his earning ability only to have him end up with one client. They had nothing to say about the chaos surrounding Anna Nicole Smith flooding into their lives and upon her death to cause what must have been a living hell for them for the next four years. These were just parents, who loved their son and stood by him. Any of us as parents would do the same thing. They had no control over what their lives became and due to their age, I am sure the price emotionally and physically is one none of us can even begin to imagine.

So my tears will be for the two moderators that went to jail and for Howard’s parents, those four people did not deserve to find themselves in the midst of this as none of us should have been entangled. This should have been a simple three hour hearing and court decision where Anna Nicole Smith wanted and intended to be buried not four years of hell.

I will not be saying anything else about anything connected to Anna Nicole Smith except for the Supreme Court hearing and the South Carolina trial; and of course if California is willing to throw more money with what seems to me to be idiocy any Appeal in criminal court they file. I will be updating the download page with all of the paperwork pending before the Supreme Court in the next few days for reference reading for all of you.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

©Rose Turner
January 11, 2011
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

Please also read our Terms of Use and our Privacy Policy.

Tags: Adam Braun Esq., Anna Nicole Show, Anna Nicole Smith, Anna Nicole Smith's Will, Anna Nicole Smith's Will and Estate, AP interview, Bahamas, bestseller., Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Britney Spears, Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Dale Tate, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Conrad Murray, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, E Online!, Edward M. Chernoff Esq., Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, flamboyant fruit cake, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, investigative agencies, J. Chris Smith Esq., J. Christopher Smith Esq., J. Christopher “Chris” Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, Judge Robert Perry OJ Simpson, Linda Deutsch, Los Angeles District Attorney, Mariah Carey, Michael Jackson, misdemeanor with probation, Neil McCabe, Nicole White, O. J. Simpson, OJ Simpson’s Trial, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Radar Online, Rene Rose Esq., Renee Rose, Ron Rale Esq., Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the Sadow Factor, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

Part I Edited by Caligirl9 on January 7, 2011 at 7:40 p.m.
Correction edit by Sprocket 1/8, 9:00 p.m.

Prosecution Witnesses
#6 Richard Senneff
#7 Paramedic Martin Blount
#8 AT&T Harry Daliwal
#9 Sprint Nextel communications Jeff Strohm
#10 UCLA Emergency medicine physician Dr. Richelle Cooper
#11 Cardiologist fellow, UCLA Dr. Thao Nguyen
#12 Detective LAPD Dan Myers

Deputy District attorneys
David Walgren
DDA Debrah Brazil

Defense attorneys
J. Michael Flanigan
Joseph Low
Edward Chernoff

Richard Senneff still on the stand under cross by [Joseph] Low.

…Q: Left off where the hospital gave you the choice to call it (the death).

Senneff: That’s not correct. When we give our third round of meds we update vital sings of any changes. Read all the information. There was no change in the patient.

They (UCLA) said, “We’d like to call it.” It’s their call…

…Q: Was there at some point did Dr. Murray say that he had found a pulse?

Senneff: Yes he did. (Murray claimed he felt a pulse in the femoral artery; this large artery is in the leg close to the groin.)

As soon as he said it, the first thing I did was look at the monitor….

… REDIRECT

DDA. Mr. [David]Walgren

DDA Q: Asking about femoral pulse during treatment.

Senneff: When Dr. Murray said he felt a pulse, not one of the other paramedics had felt a pulse. There can be a “false” pulse during CPR compressions. They stopped compressions for a few seconds, and then resumed. He did not feel a pulse….

… DDA Q: Your opinion of this patient was based on the surroundings, the IV, the look of the patient, quite thin and pale, the doctor being there. In fact, it was your opinion that the patient was dead.

…. DDA Q: You thought it was inaccurate that the doctor said the patient had just gone down with the call?

Senneff: Yes sir.

DDA Q: (Re-verifies with the witness) That you are comfortable with a time that the patient went down prior to your arrival?

Senneff: “20 minutes to an hour.”….

Witness #7—Paramedic Martin Blount

….. Dr. Murray was the one who opened the door and requested help. He noticed that Dr. Murray was sweating profusely…. … He did hear Dr. Murray being asked if the patient had been given any drugs and Dr. Murray said no. Dr. Murray explained that the reason there was an IV was because the patient had been dehydrated….

…Blount noticed the IV wasn’t operating properly, so they were looking for a site on the arms to insert a new IV. Blount said, “To me, the temperature of Jackson’s skin was cool.”…

… He observed that the patient’s eyes were “blown” [ed. note: blown means large and unresponsive to light]. It was Blount’s opinion, from observing the body, that the patient was dead….

… CROSS by Low

Going over his testimony of questions that Dr. Murray was asked. Questioning Blount about how long he thought Michael Jackson had been down, Blount verifying that it was his impression that the patient looked deceased when he first came in the room. Verifies that he testified that he thought the patient’s skin was cool….

… REDIRECT

DDA Q: If someone has no viable heart rhythm, then blood cannot be circulating through the body one of the things that happens is the veins collapse and they can be difficult to access.

Blount: Correct.

Witness #8— Harry Daliwal

DDA Debrah Brazil direct.

…Daliwal…. Access over phone records, text messages.

Witness #9 Jeff Strohm

Strohm: I work for Sprint Nextel communications where I am a custodian of records. As a custodian I’m responsible for testifying.

Responsible for various types of legal commands.

Sprocket goes into the details of times of texts and calls from these two witnesses, be sure and keep up with Sprocket and this trial at Trials and Tribulations:

To read the rest of Sprocket’s article on day three part one of her coverage of the preliminary hearing of Dr. Conrad Murray in the death of Michael Jackson visit her site, Trials and Tribulations at the below link:

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-3-part-i.html.

Part II
Thursday, January 6 notes, edited and ed. notes by Caligirl9 on January 7, 2011 @ 6 p.m.
Correction edit by Sprocket 1/8, 9 p.m.

…Witness #10—Dr. Richelle Cooper: UCLA Emergency medicine physician.

…. The patient had no sign of life. The pupils were fixed and dilated. The patient was dead on arrival to UCLA. Despite that condition, they attempted to revive the patient. No pulse; no other signs of trauma. Proceeded to administer other drugs. Patient is still being ventilated and CPR is continuing and cardiac monitors on the patient….

… CROSS: Defense Attorney Flannagan

Witness #11—Dr. Thao Nguyen, cardiologist fellow, UCLA

Witness #12—Dan Myers: Detective LAPD

To read the rest of Sprocket’s article on day three part two of her coverage of the preliminary hearing of Dr. Conrad Murray in the death of Michael Jackson visit her site, Trials and Tribulations at the below link:

http://sprocket-trials.blogspot.com/2011/01/dr-conrad-murray-prelim-day-3-part-ii.html.

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©Sprocket
January 10, 2011
Used with the permission of Sprocket Trials & Tribulations
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