September 19, 2011


     ~September 15

  • Both the defense and the prosecution are in receipt of 145 jury questionnaires where potential jury answered various questions relevant to the case.
  • Prosecution witness Dr. Steven Shafer is in Israel, he will return on Saturday. Prosecution is waiting to receive some materials from Dr. Shaffer. When they receive it, they will share it with the defense team
  • Prosecution has several discovery issues. (1) Prosecution was informed by the defense that the urine testing was completed but they were waiting on a formal report. Prosecution awaits to receive that report from the defense    (2) Defense shared with the prosecution a disk with 30-40 photos. One of those pictures couldn’t be opened. Defense indicated that they will provide a viewable copy to the prosecution team (3) Prosecution received from the defense team a handwritten transcript of an Mike Henson interview. The handwriting isn’t legible so prosecution requested a typed-copy of it
  • Prosecutor David Walgren stated that Applied Pharmacy owner Tim Lopez, who delivered Propofol to Conrad Murray has moved to Thailand after he testified in Preliminary Trial in January 2011. Prosecution is ready to establish due diligence. Prosecution request that Mr. Lopez’s pretrial testimony read to the court during the upcoming Trial.
  • David Walgren request that Karen Faye’s testimony as to Michael’s health ruled inadmissible since the said testimony heavily relies on hear say
  • The People also request a ruling on Dr. Pustilnik who is a deputy medical examiner from Galveston, Texas. In April 2011, Dr. Pustilnik took a tour of LA County Coroner’s office and wrote a report about his observations. The Prosecution feels that the report is irrelevant to the case, cause of death, toxicology, coroner’s findings etc defense team declared that that Dr. Pustilnik has no additional commentary if he is called to testify live. Prosecution request Dr. Pustilnik’s report ruled inadmissible.
  • Narej Gourjian declared that these are matters that Michael Flanagan was attending. He suggested that the court reschedule a hearing next week so Mr. Flanagan can personally address these issues
  • On Monday (September 19) at 9AM the court will discuss above matters
  • On Wednesday (September 21) at 2PM the court will discuss cause issues. Conrad Murray is required to attend this hearing
  • On Friday (September 23) at 8:00AM voir dire process will began where 145 jurors will show up and both prosecution and defense will select 18 jurors
  ~September 19
  • Hearing lasted only 10 minutes
  • Tim Lopez is located and he WILL testify in trial
  • Defense provided the prosecution with typed Mike Henson interview
  • Defense will share with prsecution results of urine test later today
  • Karen Faye issue was deferred to another day. Prosecution ask that IF the defense call her as witness, she testify on her observations, not hearsay
  • Defense is no longer calling Dr. Steven Pustilnik as a witness


Voir dire (speak the truth) is the process of selecting a jury in a trial

This Friday, 145 veniremen (potential jury) will attend voir dire process which completes the jury selection for the trial. Judge Michael Pastor, the Prosecutors and the Defense will ask questions to the potential jurors and at the end of the process, they will select 18 jurors

      During voir dire, there are two ways a juror can be disqualified:
  • He or she can be struck ‘For Cause’
  • He or she can be struck by a ‘Premptory Strike’

Premptory Strike can be used for virtually any reason at all. One of the lawyers may not like a potential juror’s level of enthusiasm or hair, eye color, fashion sense, etc. As long as a Peremptory Strike is not based on race, religion, or gender, etc. the striking attorney can use it however they see fit; removing people that he/she feels aren’t going to be helpful to his side of the case. The striking attorney is NOT required to explain why a certain person was struck. Each attorney may exercise a limited number of “preemptory strikes” for no reason. I presume that the judge will decide on a number on Wednesday.

Strike for Cause can be made when an attorney feels that there is some aspect of the law that a potential juror cannot or will not follow. For instance, a potential juror who states that they will hold it against the Defendant if he doesn’t testify will be struck for Cause based on his inability to honor the 5th Amendment right against self-incrimination.

The questions that will be asked to potential jurors are tailored to the case being tried.
The idea is to empanel an impartial jury, following the law while deciding on the case.
At the end of voir dire process, 18 jurors who are accepted by both the prosecution and the defense will be sworn in as the jury to hear and decide on the Conrad Murray Trial.

Related Links:
Conrad Murray Jury Selection, Day 1 and Day 2


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