Prosecutors ask to admit evidence that Murray did not cooperate with law enforcement; court releases copies of jurors' answers
Updated: 2011-09-24
Prosecutors in the the Murray's trial filed a motion to ask the Los Angeles Superior Court Judge Michael Pastor that the jury hears evidence that authorities tried in vain to get in touch with Murray to figure out what happened to Michael Jackson on June 25, 2009 and his refusal to cooperate is evidence of a guilty conscience, Tmz reported.
Prosecutors say both the LAPD and the L.A. County Coroner tried on 4 separate occasions -- from June 30, 2009 - July 21, 2009 -- to contact Murray but never received a return call.
By falling the radar, prosecutors believe therefore it shows a consciousness of guilt and they want this evidence before the jury.
The judge has not yet ruled on the motion.
Murray's lawyers have asked the judge to block the testimony, arguing it "would create substantial danger of undue prejudice, undue waste of time, confuse the issues, or mislead the jury."
Los Angeles County Superior Court Judge Michael Pastor may consider the issue at a hearing Monday morning, a day before opening statements are delivered in Murray's trial.
Murray's lawyers argued in a court filing Friday that the prosecution ignored Murray's "willingness to engage in various conversations and to take part in lengthy interviews conducted by law enforcement and medical personnel," including after is disapearence between 25 and 27 June, when he voluntarily spent two hours answering police questions.
"In fact, it was only after Dr. Murray learned that information was 'anonymously' leaked to the public that Dr. Murray decided to invoke his right to remain silent," Murray's lawyers said.
A prosecution filing detailed email and phone mail attempts by the county coroner and a police detective to request meetings with Murray after the first interview.
Then, Murray's lawyers, after saying that actually Murray denied his willingness to speak with law enforcement when he invoked his right to remain silent, left to imply that the not replying by their client didn't mean he was trying to escape from the law enforcement, since apparently, according to them, contact someone through email and phone mail wouldn't be a true form of contact, as they argued, "In actuality, law enforcement never contacted Dr. Murray during this time," Murray's lawyers in their filing said. "Law enforcement's efforts consisted merely of a handful of unanswered voice mails and emails that were left with Dr. Murray's counsel and with his office. There is no indication whatsoever that Dr. Murray acted evasively."
Twelve jurors and five alternates will report to court Tuesday morning to hear opening statements in the case against Murray. A sixth alternate juror was dismissed just minutes after she was sworn in Friday.
Judge Pastor sealed the reason for her dismissal, but court spectators overheard the woman acknowledging that she had dealings with one of Murray's lawyers several years ago. She failed to mention that during the jury selection process, but a man who had just been dismissed as a prospective juror gave the information to court officials.
"It seems like a good jury panel," Murray's lawyer Michael Flanagan said after the jury was seated Friday.
The jury consists of seven men and five women, include six who are white, five who listed their ethnicity as Mexican or hispanic and one who identified himself as African-American.
Flanagan said they paid little attention to juror's ethnicity, but instead focused on their answers to the 32-page jury questionnaire.
The court released copies of their answers late Friday, giving a glimpse at the 12 Los Angeles County residents who will be part of the jury in Murray's trial:
- Juror #127 Mexican-American female, 54 years old, property manager, she has a daughter who was an alcohol and drug user 5 years ago, and she thinks famous people -- notably Paris, Britney and Lindsay -- are treated differently in court. She loved MJ's music as a girl.
- Juror #145 White male, 45, partner in management consulting firm, wife is pediatric nurse at a hospital, he's served twice on a jury before (murder and rape cases), watched This is It on Netflix.
- Juror #61 White female, 57, unemployed, worked in past for Red Cross, divorced, listens to NPR, followed the OJ Simpson cases, her younger brother uses drugs, served 5 times on a jury.
- Juror #70 White male, 54, college professor of animation and art, created characters for motion pictures at Disney, followed OJ trial, convicted of DUI, thinks celebs are not treated the same by police and can bend rules. MJ fan.
- Juror #44 Cuban/Mexican-White, watches History Channel, Pawn Stars, Sons of Anarchy and Modern Family, listens to Howard Stern, family members with alcohol addiction, served on a civil jury, fan of MJ, especially Thriller.
- Juror #49 White female, 43, head of communications for international marketing firm, watches NCIS and Hawaii Five-0, and motor sports/speed channel, worked in medical marketing, juror in criminal child sexual abuse case involving incest, does not think cops are more lenient with celebs.
- Juror #100 white female, 48, paralegal for 30 years, watches Big Brother, Survivor, Amazing Race, watched Casey Anthony trial, brother is an EMT, people of wealth and fame treated differently in court system.
- Juror #52 Mexican male, 51, USPS letter carrier, watches Law and Order, wife is back-office medical assistant, fan of MJ.
- Juror #99 Hispanic male, 42, school bus driver, father was addicted to alcohol, father-in-law died from alcohol abuse, served on a jury, MJ fan.
- Juror #38 Hispanic female, 36, customer service rep, filed for bankruptcy, listens to Ryan Seacrest on radio, watched Casey Anthony trial because it involved a child, former employer is a doctor, father was an absent alcoholic, shot in a drive-by shooting in 1993, on a DUI jury, MJ fan.
- Juror #128 African American male, 54, technical director for TV, cousin is a judge and another cousin who's a lawyer, his dad died of alcoholism, juror on 3 cases, loved the Jackson 5 as a kid, now likes Jay Z.
- Juror #108 male "Wasp," 32, book seller, watches So You Think You Can Dance, Project Runway, girlfriend, in U.S. Army National Guard, grandparents attended AA, brother got DUI recently, thrown from a horse once, juror in civil trial, trained actor, MJ fan.
One juror, a retired cartoon animator, said he once met Michael Jackson.
Opening statements are scheduled on Tuesday, September 27.
MJFS - sources: TMZ / CNN