Conrad Murray Trial, Day 15: Defense Grills Propofol Expert on Cross-Examination

Chernoff gets snappish and sarcastic as he tries to rattle Dr. Steven Shafer

For the past two days, Dr. Steven Shafer — one of the world's foremost experts on propofol — has torn into Dr. Conrad Murray, disputing Murray's version of Michael Jackson's death and rattling off a list of 17 "egregious deviations" that Murray had committed while treating the singer.

On Friday, it was Shafer's turn to sweat it out, as Murray's defense team got their chance to cross-examine him. And defense attorney Ed Chernoff took every opportunity to shake Shafer up, questioning the equipment he had used the day before to demonstrate how Jackson might have died, and dismissing Shafer's testimony as mere "opinion."

The day ended with Shafer telling defense that there was no measurement of the propofol in Jackson's brain included in his coroner's report — which should spark a robust discussion when court resumes on Monday. 

Until then, read below for a full rundown on the day's proceedings,

UPDATE, 2:26 p.m. PT

Propofol expert Dr. Steven Shafer — who spent the last two days eviscerating Dr. Conrad Murray as an expert witness for the prosecution — was handed over to Murray's defense team for cross-examination Friday, as defense attorney Ed Chernoff attempted to shake Shafer's certainty.

On Thursday, Shafer set up an infusion rig in court to demonstrate how he thought Murray had allegedly administered the dose of propofol that killed Michael Jackson. Chernoff spent the first part of the cross-examination questioning the authenticity of Shafer's re-creation.

Chernoff questioned Shafer on how he could be sure that the IV line he used was identical to the one used to administer the dose of propofol that killed Jackson. Shafer noted that, for the propofol to be administered in that setting, the line would need to have an air vent, and the model he used to demonstrate was the only vented model on the web site for Seacoast Medical, where Murray purchased IV lines.

Shafer also conceded that the propofol bottle he used in Thursday's demonstration had different dimensions than the one found in Jackson's bedroom.

At one point, Chernoff became testy with Shafer, snapping, "You do understand the difference between opinion and fact, don't you? You do understand that everything you've said in the last two days is your opinion, don't you?"

Chernoff added, "Would you be at all surprised if other medical experts disagree with you?"

That earned an objection from the prosecution team, which Judge Michael Pastor sustained.

Although the competing attorneys and Dr. Shafer maintained a fair level of civility, and earlier in the afternoon even shared a couple laughs, the cross-examination continued to seethe with tension as Chernoff made it clear he felt Shafer had focused on all possible negatives in Murray’s behavior.

Judge Pastor several times called Chernoff’s queries “argumentative” even before the defense rose to object.

Chernoff drew out details about the work of Shafer’s first wife Audrey, who shared a specialty in anesthesia with Shafer and formerly friendly, now alienated colleague Dr. Paul White. Citing a dismissal Shafer made of White’s view of using propofol orally, Chernoff said, “You preferred to shove it down his professional throat?”

As fatigue and tension slowly mounted, Judge Pastor rebuked both lead attorneys for cross-talking during objections: “It seems nobody pays attention, which is okay, except not in here where it’s not okay.”

The day closed with Shafer asserting that the coroner’s report gave no measurement of how much propofol had reached Jackson’s brain, as he court recessed until Monday, which promised to bring further, probably increased acrimony between Chernoff and Dr. Shafer as cross-examination continues.

Previously…

In a surprising last-minute change up, Conrad Murray's defense team has made a substitution in its cross-examination plans of Dr. Steven Shafer, the propofol expert and prosecution witness who spent two days of testimony explaining why he thinks Murray is responsible for Michael Jackson's death.

CNN.com reports that Michael Flanagan, the defense attorney most knowledgeable about propofol, will no longer be questioning Shafer when the defense team begins its case on Friday. Instead, lead defense attorney Ed Chernoff will question Shafer. No reason was given for the change.

Read more: Conrad Murray Trial, Day 14: Propofol Expert Lays Into Doctor Again

The Los Angeles County coroner ruled Michael Jackson died of "acute propofol intoxication," and that sedatives were also a factor. Prosecutors contend Murray is criminally liable for Jackson's June 25, 2009 death because he recklessly administered the propofol, a potent surgical anesthetic drug, and was negligent in properly monitoring Jackson.

Friday's court proceedings will start at a later than usual time — 12:45 p.m. — because a funeral is being held for Shafer's father, according to RadarOnline.com.

Thursday's testimony from Shafer included his assertion that Jackson died specifically because of the IV drip Murray set up to administer propofol to him, and because Murray wasn't by Jackson's side throughout the propofol drip.

If Murray had monitored Jackson properly, Shafer said, he would have noted a change in breathing and could have shut off the IV drip and restored Jackson's breathing to normal.

Read more: Michael Jackson, Conrad Murray and the Stripper

Murray's defense team, which abandoned its original assertion that Jackson swallowed a fatal dose of propofol himself, is expected to instead try to make the jury believe Jackson administered the propofol to himself via a syringe. Shafer called their theory "crazy."

"People just don't wake up hell-bent to grab the next dose in a syringe, draw it up and shove it in their IV again," Shafer said. "It's just a crazy scenario."

Shafer's testimony also contradicted the earlier account of Dr. Paul White — the anesthesiologist expert who will testify for the defense and who is a 30-year colleague and friend of Shafer's.

White earlier in the year prepared a report that said Jackson could have died from ingesting propofol, a theory Shafer picked apart on the stand Thursday. That led to a "heated" discussion between White and attorney Chernoff, according to CNN.

The defense's cross-examination of Shafer will start Friday's court proceedings, and the defense will follow by calling its own witnesses.

CNN reports the trial is expected to go to the jury for deliberations next week.

Murray faces up to four years in prison and loss of his medical license if convicted, though a new California law could mean his sentence would be reduced to two years and be served in a county jail.

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