Dr. Conrad Murray, who is currently serving a four-year prison sentence following his involuntary manslaughter conviction in the case of Michael Jackson's death, filed an appeal motion Monday morning, CNN reports. Murray is requesting that the appeals court order a test of the 100 milliliter bottle of Propofol that prosecutors say contained the fatal dose of anesthetic given to Jackson.
The defense is looking to see if the bottle contained Lidocaine. If the bottle contains 10% Lidocaine, it will support the prosecution's assertion that Murray rigged the IV drip and then left the room. However, if Lidocaine is not present, it would call this theory into question. The motion states, "If the residue is 100% Propofol, it would absolutely refute [Dr. Steven] Shafer's final contention that was used to prove an IV Propofol infusion."
To counter the prosecution's theory, the defense states that Jackson accidentally self-administered the lethal dose of Propofol in order to get enough rest to perform his comeback concerts, which he feared would be canceled.
"The amount of Propofol Murray claims he gave Jackson does in fact comport with the amount of Propofol found in Jackson's blood at autopsy," Murray's lawyer J. Michael Flanagan tells CNN. "There was no Propofol infusion on the morning of Jackson's death. The analysis of the residue in Exhibit 30 will prove the truth once and for all."
This is Murray's third time requesting the bottle be tested. Two previous trial judges have dismissed the motion on the ground that he should have requested the testing before the trial.
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