Who's on the stand today?
Any clue as to how the rest of the week is going to play out. I know Karen Faye will be back on the witness stand on Friday, but what's on the schedule between now and Friday?
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That concludes Day 36 of testimony. What are your thoughts so far? Hope to see you all tomorrow!
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Judge adjourned session until 9:45 am PT tomorrow when Dr. Matheson will resume testimony. Attorneys to argue motion before that.
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"The fact that Mr. Phillips realizes that's important, to me he realizes there's a potential for conflict in this scenario."
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As to Phillips writing Dr. Murray is extremely successful and doesn't need this gig, Dr. Matheson reacted:
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"We wouldn't normally put an athlete back in the game while their health was declining," Dr. Matheson explained.
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Phillips' response 'I will call you when I figure this out' showed that Phillips was in charge, Dr. Matheson said.
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But it also showed it wasn't working, MJ was still weak and showing psychological problems, Dr. Matheson explained.
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Ortega's reference that 'we brought Dr. Murray into the fold' shows Dr. Matheson that there's a full alignment with the way they thought.
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Phillips responded "we have a real problem here," which Dr. Matheson said showed Phillips recognized there was a problem with MJ.
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"Basket case is a strong word, doubt is pervasive is fairly strong statement," Dr. Matheson said.
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Regarding chain email "Trouble at the Front":
Dr Matheson said he was intrigued Hougdahl needed to qualify he wasn't being 'a drama queen'
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"Doctors should be able to make independent medical decision on what the best care is for the patient," Dr. Matheson expressed.
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Bloss: What impact would that have on Dr. Murray?
Dr. Matheson: He wouldn't have a job and he wouldn't have an income
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"If MJ was unable to rehearse or perform, the show would stop completely," Dr. Matheson said.
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The pressure increases as you get close to the end of the game, for example, Dr. Matheson said.
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"The result of a conflict of interest could be a bad medical decision," Dr. Matheson explained.
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"The email shows lack of independent decision," Dr. Matheson said about Phillips' email.
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As to Phillips' email saying AEG was paying doc salary email:
"That very directly relates to the intent to control the doctors' decision."
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Dr. Matheson said the email pointed some health concerns that needed attentoion, questioned if physician was making independent decisions.
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Bloss talked about emails exchanged. On 6/14/09 Ortega asked who was responsible for MJ's nourishment, advised doctor didn't allow rehearsal
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"That conflicts which priority is primary: MJ or producer of shows," Dr. Matheson explained.
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Dr. Matheson: It can produce bias in thinking, the doctor wants to retain that payment and please the producer paying him.
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Dr. Matheson said the contract was subject to immediate termination if show was canceled or postponed.
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"When doctors take on roles, you want them to make independent medical decisions not tied to secondary interests," Dr. Matheson explained.
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"I think Dr. Murray needed to be paid certain amount of money, because he owed a lot of money," Dr. Matheson said.
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"It's a lot of money to be paid to a physician, particularly a physician who was deeply indebted," Dr. Matheson testified.
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"The contract was negotiated," Dr. Matheson opined. "I think Dr. Murray was operating under the assumption the contract was enforced."
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Dr. Matheson: "I think in this case the conflict of interest led to poor medical decisions."
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"When MJ was deteriorating, I think that conflict of interest played out," Dr. Matheson said.
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"Contract made him answerable to AEG," Dr. Matheson said. "It could be canceled if the tour were canceled or terminated.
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Dr. Matheson said he believes Dr. Murray was in a conflicting position, promised payment he was to receive to get MJ ready.
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Bloss: Do you believe there was conflict of interest between MJ and AEG?
Dr Matheson: Yes, I do. I believe they created conflict of interest
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"I think Mr. Jackson's performance was highly physical, similar to what an athlete does," Dr. Matheson expressed.
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Dr Matheson never worked in music industry but said one of the most obvious relations between sports/musicians is the 3 way party scenario
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Dr. Matheson never testified as a witness before. He's been paid $500/hour, got information with colleagues on what to charge.
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Dr. Matheson said Dr. Rice loved football, and her quote was that if she were a man, she would play football.
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Dr. Matheson worked with former Secretary of State Condoleezza Rice at Stanford in the conflict of interest area.
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"When someone stands to gain, it stands to affect their decision-making," Dr. Matheson explained.
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Dr. Matheson said conflict of interest is circumstances that create risks that decisions may be unduly influenced for secondary interest.
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"The minute you have a three way party there may be conflict of interest," Dr. Matheson opined.
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"In clinical practice it's you and patient," Dr. Matheson said. "But in team practice you have 3 way parties: patients, coach, agent, etc"
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He has worked with Canadian hockey team, Olympic games as medical officer and looked after university teams prior to Stanford.
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Dr. Matheson was recruited to Stanford to take care of their sports medicine program and their athletes.
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Sports medicine is the care of athlete involved in competitive endeavors and physical activity, nutrition and health, Dr. Matheson explained
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Dr. Matheson work splits between teaching, research and medical care. He has written about 150 articles for professional publications.
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Dr. Matheson is a physician, works at Stanford University, Professor in the School of Medicine, sports medicine.
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That concluded Dr. Earley's video deposition. Next plaintiff called Dr. Gordon Matheson, a conflict of interest specialist.
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Dr Earley: Being around physicians triggered drug craving inadvertently and power was inverted. MJ was in the power seat cause of his status
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Dr. Earley: I saw nothing on the record showing that in the last two months of his life any doctor, but Dr. Murray, gave him Propofol
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"Unfortunately, doctors became a source of drugs for him," Dr. Earley opined. "Having doctor with him, prescription pad, was dangerous."
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"Addiction memory is a expression I coined," Dr. Earley said. "The brain learns automatically how to maintain the addiction."
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Dr. Earley said he remembered some statements in the record that MJ wanted his children to see him perform, wanted to be a good parent.
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Dr Earley: Universally was stated in the record MJ's dedication/compassion to his children, wanting the best for them, desire to be good dad
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Dr Earley: Everyone gets motivation from different source. Some by professional reasons, other by family, getting their pride/name back
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Dr. Earley testified some people can overcome addiction with very little initial motivation.
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"There was secrecy, hiding, one doctor not talking to another, that's the kind of stuff we saw," Dr. Earley said.
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"No, I don't believe it's proper to blame the addict," Dr. Earley expressed.
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Dr. Earley: However, it doesn't mean addict doesn't have to take charge of recovery at some point
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Dr. Earley: I will stand strongly against someone saying it was the addict's fault.
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Boyle: Was MJ's death all his own fault?
Dr. Earley: I dedicated my career to take care of addicted people in this planet.
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"Addiction is a biological disease, once it gets going overrides a lot of decision making," Dr. Earley explained.
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Dr Earley: I'm not inferring the family was getting/giving him drugs. There's zero evidence of that, they wanted nothing but the best 4 him
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"The problem comes from the issue of power," the expert testified. "It's much more difficult to treat a patriarch than the patriarch's son."
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One intervention failed because Michael Jackson appeared quite healthy, Dr. Earley said.
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Dr. Earley testified he saw no evidence the family gave MJ drugs."I'm completely clear his family wanted nothing but to help him."
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Dr. Earley said he would've given MJ skills called drug refusal, unearth tragic secrecy surrounding his life, which contributed to his death
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Dr Earley would prescribe naltrexone, alternative ways to manage pain. He would close down access to opioid, contact every doctor, pharmacy
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He would also explain the need for prolonged period of rehab, more than 3 months and less than year treatment.
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Dr. Earley said if he were to treat MJ, he would have tried to understand if family could stand behind him not obtaining drugs.
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MJ was extremely secretive regarding his style, would not talk about drug use to all physicians treating him, Dr. Earley testified.
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Also, the fact MJ was providing financial resources to family made it harder for an intervention, Dr. Earley opined.
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Dr. Earley: His legendary status caused people to, unfortunately, set aside boundaries
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"MJ was taking opioids for a prolonged period of time," Dr. Earley said, which decreased his prognosis.
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Detox is difficult, slow but safe and preferred.
"I don't make my medical decisions based on corporate decision," Dr. Earley testified.
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"Benzodiazepine requires cautious, careful taper," Dr. Earley said. Some individuals are very sensitive, it's very difficult to get off."
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Occasionally, Dr. Earley had to give sedative drugs because patients are agitated and irritable.
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"When people are addicted to Propofol, you just stop it," Dr. Earley said. "Discontinuing it is not life threatening."
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Dr. Earley said he did not see any record that Dr. Murray treated MJ with suboxone.
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"I saw evidence MJ was treated with buprenorphine, I think by doctor Saunders," Dr. Earley said, but couldn't remember the dates.
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Dr. Earley explained the current practice to treat opioid dependency is to use a drug called buprenorphine (suboxone).
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Dr. Earley: Discontinuing opioids cold turkey is not life threatening, it can be done. Before we had detox drug, that's what I would do.
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Dr. Earley: Chills is very generic symptom and could mean anything: flu, cold, low blood sugar, lots of different reasons people have chills
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"When you take away the Propofol, you have insomnia," Dr. Earley explained. People can be irritable, don't have chills, some had seizures.
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Dr. Earley: MJ most likely had some baseline insomnia, which was worsen by the use of benzodiazepine and Propofol use
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Dr. Earley said the withdrawal of Propofol can cause depression, insomnia and irritability.
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Dr. Earley conducted a case study with 22 Propofol dependent individuals. The study was funded by AEG Live.
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"I'd like to say I wouldn't have done what other doctors did" Dr. Earley testified."Prescribing MJ's Propofol ultimately caused his death"
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Dr. Earley said Michael was a man whose reputation, skills, wonder exceeded 99% of the people in the planet, so it was hard to say no to him
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Other contributing factors for opioid dependency: psychological issues, early life trauma, access to drug, alcohol abuse.
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It matters whether your parents had substance abuse or dependency disorder, but not true in 100 percent of the cases, Dr. Earley said
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Opioids dependency start when they're used, Dr. Earley explained. He said the single largest contributor is genetic.
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However, Dr. Earley said he didn't think there was sufficient data to reach a conclusive opinion about MJ being addicted to Propofol.
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After reviewing MJ's medical record, Dr. Earley opined: "There's evidence of addiction to opioids dating back to early 1990s."
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Dr. Earley opined that benzodiazepines alone were not the cause of MJ's death, but the synergy with propofol was fatal.
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Kevin Boyle: Do you think Demerol addiction caused MJ's death?
Dr. Earley: I do not
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There was no morning session today. Afternoon began with resumption of video deposition of Dr. Paul Earley played last week.
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Day 36 of Jackson family vs AEG trial just ended. Katherine Jackson was in court, wearing a polka dot jacket, for the afternoon only session
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