It called that scenario “absurd, improbable and unbelievable,” and provided an exhaustive reprise of scientific testimony about Jackson’s death. Murray told police he gave the singer an extremely small dose of propofol, a fact contradicted by scientists who reconstructed the events preceding the death.
Wass contended that one defense attorney, Michael Flanagan, failed to adequately cross-examine a scientist who testified to that issue. She said he and other lawyers also waited too long to ask for examination of residue in a propofol bottle found in Jackson’s room, Their motion was filed 11 days after conviction and was denied.
The appeal faulted the judge for refusing to admit as evidence some of Jackson’s previous medical records, his contract with concert promoter AEG, and his financial documents.
“The trial court abused its discretion by excluding all evidence of Jackson’s financial condition, including lawsuits pending against him because such evidence was relevant to establish Jackson’s state of mind on the day he died, which may have explained his conduct that morning and supported the defense theory of the case,” the appeal said.
The attorney general’s office, representing the prosecution, has 30 days to respond to the appeal. Wass then has another 20 days for her response.
Meanwhile, Murray may be summoned to testify in a civil lawsuit filed against AEG by Jackson’s mother, Katherine. Jury selection in that case is currently underway. She claims the concert promoter was negligent in hiring Murray to care for the singer.