Deputy District Attorney David Walgren holds a bottle found
by Los Angeles County coroner investigator Elissa Fleak,
left, during her testimony at Dr. Conrad Murray's trial
over Michael Jackson's death in Los Angeles. (AP
Photo/Mario Anzuoni, Pool)
A coroner's investigator has acknowledged that she made
mistakes while collecting medications and other evidence from
Michael Jackson's bedroom after he died, but she minimized the
issues by saying no investigation is perfect.
Investigator Elissa Fleak was aggressively cross-examined by
defence attorney Ed Chernoff as he tried to expose flaws in
the way medical evidence was handled by authorities in the
case against Dr. Conrad Murray.
Chernoff pointed to pictures that he said indicated things
had been moved in the room. The images showed an IV pole and
saline bag in two different locations. A bottle of medicine
Fleak said she had found on the floor was photographed on a
nightstand.
In addition, Chernoff said Fleak didn't note that she had
found a bottle of the powerful anaesthetic propofol inside an
IV bag until March 2011, nearly two years after the singer's
death.
"Would you agree with me that you made a substantial number
of mistakes in your investigation?" Chernoff asked.
"No," Fleak said.
Jurors at times leaned forward to look at the photos
projected on a large screen. Some took notes on the
testimony.
Deputy District Attorney David Walgren attempted to minimize
the missteps.
"Ms. Fleak, did you conduct a perfect investigation in this
case?" he asked.
"No," she said.
"Have you ever conducted a perfect investigation?" Walgren
asked.
"No," said the witness.
"Are there always things you would have done differently in
hindsight?' he asked.
"Yes,'" Fleak replied, saying she had tried to be as accurate
and truthful as possible.
Fleak was assigned to the investigation on June 25, 2009,
when Jackson died and she went to his rented mansion to
collect evidence. Four days later, after Murray, the singer's
personal physician, had talked to police, she returned to
follow leads the doctor had provided, including a description
of medications hidden in a closet.
"Returning to the scene is not typical," she said, "and there
was a lot more medical evidence."
Chernoff questioned whether Fleak had heard testimony by
bodyguard Alberto Alvarez, who said during a preliminary
hearing in January that he saw the propofol bottle inside the
IV bag. He repeated the detail for jurors last week and said
Murray told him to put the IV bag into another bag before
calling 911.
Authorities say Jackson died of acute propofol intoxication
combined with other sedatives administered by Murray. Defense
attorneys have an alternate theory: The King of Pop gave
himself the fatal dose when the cardiologist left the
singer's bedroom.
Murray has pleaded not guilty to involuntary manslaughter.
Fingerprint evidence stipulated to by both sides did not
appear to bolster the defense theory. Jackson's fingerprints
were not found on any medicine bottles. One of Murray's
prints was found on a 100 milliliter vial of propofol, a much
larger dose than the doctor said he gave Jackson on the day
he died.
Later in the day, coroner's chief toxicologist Dan Anderson
testified that propofol was found in Jackson's blood, urine
and liver when he died.
Jackson showed no signs of opiates or the painkiller Demerol,
Anderson said.
He said drugs detected in significant amounts were propofol,
lidocaine and lorazepam, a sedative that Murray said he gave
to try to get Jackson to sleep before he administered
propofol.
Anderson said lorazepam was found at the high therapeutic
level, but he did not characterize the amount of propofol.
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