Michael Jackson Case: Coroner's Death Investigator Acknowledges Mistakes

Michael Jackson Death Investigator Acknowledges Mistakes
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By LINDA DEUTSCH, The Associated Press

LOS ANGELES — A coroner's investigator acknowledged Thursday that she made mistakes while collecting medications and other evidence from Michael Jackson's bedroom after he died, but she minimized the issues by saying no investigation is perfect.

Investigator Elissa Fleak was aggressively cross-examined by defense attorney Ed Chernoff as he tried to expose flaws in the way medical evidence was handled by authorities in the case against Dr. Conrad Murray.

Chernoff pointed to pictures that he said indicated things had been moved in the room. The images showed an IV pole and saline bag in two different locations. A bottle of medicine Fleak said she had found on the floor was photographed on a nightstand.

In addition, Chernoff said Fleak didn't note that she had found a bottle of the powerful anesthetic propofol inside an IV bag until March 2011, nearly two years after the singer's death.

"Would you agree with me that you made a substantial number of mistakes in your investigation?" Chernoff asked.

"No," Fleak said.

Jurors at times leaned forward to look at the photos projected on a large screen. Some took notes on the testimony.

Deputy District Attorney David Walgren attempted to minimize the missteps.

"Ms. Fleak, did you conduct a perfect investigation in this case?" he asked.

"No," she said.

"Have you ever conducted a perfect investigation?" Walgren asked.

"No," said the witness.

"Are there always things you would have done differently in hindsight?' he asked.

"Yes,'" Fleak replied, saying she had tried to be as accurate and truthful as possible.

Fleak was assigned to the investigation on June 25, 2009, when Jackson died and she went to his rented mansion to collect evidence. Four days later, after Murray, the singer's personal physician, had talked to police, she returned to follow leads the doctor had provided, including a description of medications hidden in a closet.

"Returning to the scene is not typical," she said, "and there was a lot more medical evidence."

Chernoff questioned whether Fleak had heard testimony by bodyguard Alberto Alvarez, who said during a preliminary hearing in January that he saw the propofol bottle inside the IV bag. He repeated the detail for jurors last week and said Murray told him to put the IV bag into another bag before calling 911.

Authorities say Jackson died of acute propofol intoxication combined with other sedatives administered by Murray. Defense attorneys have an alternate theory: The King of Pop gave himself the fatal dose when the cardiologist left the singer's bedroom.

Murray has pleaded not guilty to involuntary manslaughter.

Fingerprint evidence stipulated to by both sides did not appear to bolster the defense theory. Jackson's fingerprints were not found on any medicine bottles. One of Murray's prints was found on a 100 milliliter vial of propofol, a much larger dose than the doctor said he gave Jackson on the day he died.

In testimony Wednesday, Fleak detailed numerous medications that were found in Jackson's bedroom and closet.

By the end of the day, more than three dozen bottles of medicine were lined up in two jagged rows on the edge of the prosecution table, directly in front of jurors.

___

AP Entertainment Writer Anthony McCartney contributed to this report.

Before You Go

Michael Jackson
Michael Jackson(01 of20)
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Michael Jackson as part of the Jackson Five. (credit:AP File Photo)
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FILE - In this Feb. 26, 1986 file picture, Grammy winners Dionne Warwick, Stevie Wonder, Quincy Jones, Michael Jackson and Lionel Richie pose together backstage at the Grammy Awards show in Los Angeles. Jackson has died in Los Angeles at the age of 50 on Thursday, June 25, 2009. (credit:AP File Photo)
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FILE - In this Dec. 1, 1984, file photo, pop artist Michael Jackson, center, is shown onstage at opening night of his Victory Tour at Dodger Stadium in Los Angeles. (credit:AP File Photo)
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Singer Michael Jackson, performs during "Victory Tour" in this July 1984 file photo taken in the USA. Bidders from around the world bought up Michael Jackson memorabilia worth nearly $1 million at an auction on the anniversary of his death, Friday June 25, 2010 including $190,000 for the Swarovski-crystal-studded glove he wore on his 1984 Victory Tour. (credit:AP File Photo)
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FILE - In this Aug. 25, 1993 file photo, American pop star Michael Jackson performs during his "Dangerous" tour in Bangkok. Ein New Yorker Bundesrichter hat die Millionenklage eines Konzertveranstalters gegen Michael Jackson abgewiesen. Richter Harold Baer gab am Donnerstag, 19. August 2010, einem entsprechenden Antrag der Nachlassverwalter des verstorbenen Popstars statt (credit:AP File Photo)
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FILE - In this Dec. 30, 1992, file photo, Michael Jackson sings "Black or White" while Guns n' Roses Slash plays the guitar during his Danergous World tour in Japan at Tokyo's indoor stadium. (credit:AP File Photo)
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FILE - In this Jan. 31, 1993 file picture, Michael Jackson performs during the halftime show at the Super Bowl XXVII in Pasadena, Calif. Jackson, the sensationally gifted "King of Pop" who emerged from childhood superstardom to become the entertainment world's most influential singer and dancer before his life and career deteriorated in a freakish series of scandals, died Thursday, June 25, 2009. (credit:AP File Photo)
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Larry Feldman, center, attorney for the 14-year-old boy that accused Michael Jackson of alledgedly molesting him, a decade ago answers reporters questions, in this Jan. 25, 1994 photo, outside Santa Monica Superior Court. (credit:AP File Photo)
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Michael Jackson waves to fans as he arrives to the Santa Barbara County Courthouse in Santa Maria, Calif., Monday, June 13, 2005. (credit:AP)
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Michael Jackson prepares to enter Santa Barbara County Superior Court in Santa Maria, Calif., with his brother Randy Jackson, right, to hear the verdict read in his child molestation case Monday, June 13, 2005. (credit:AP)
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Michael Jackson blows a kiss to his fans as he leaves the Santa Barbara County Courthouse in Santa Maria, Calif., Monday, June 13, 2005. The jury in the Jackson child molestation case found the pop star not guilty on all counts. (credit:AP)
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The body of musical legend Michael Jackson leaves in a Los Angeles County helicopter from the UCLA Medical Center on June 25, 2009 in Los Angeles, California. Jackson died after suffering a cardiac arrest, sending shockwaves sweeping across the world and tributes pouring in for the tortured music icon revered as the 'King of Pop.' (credit:Getty)
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Jackie Howe (R) of Flint, Michigan, her daughter Taylor, age 13, and son Piper (bottom), age 4, embrance as supporters of recently deceased pop star Michael Jackson hold a candlelight vigil for the singer outside of 'Hitsville USA', the nickname given to Motown Records' first headquarters now the Motown Historical Museum on June 28, 2009 in Detroit, Michigan. Jackson died at UCLA Medical Center after going into cardiac arrest at his rented home on June 25 in Los Angeles, California at the age of 50. (credit:Getty)
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Israeli fans of Michael Jackson mourn during a memorial service for the pop legend in Tel Aviv on June 28, 2009. Michael Jackson died on June 25, 2009 after suffering a cardiac arrest, sending shockwaves sweeping across the world and tributes pouring in for the tortured music icon revered as the 'King of Pop.' (credit:Getty)
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FILE - In this Jan. 25, 2011 file photo, Dr. Conrad Murray, singer Michael Jackson's personal physician, appears in Los Angeles Superior Court where Murray pleaded not guilty to a charge of involuntary manslaughter in the pop star's 2009 death. In an 11th hour appeal Friday, Sept. 2, 2011, Murray's attorneys sought to overturn a judge's refusal to sequester jurors, arguing they would be "poisoned" by publicity unless they were kept in isolation during the involuntary manslaughter trial. (credit:AP File Photo)
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In this Thursday, Aug. 25, 2011, file photo, the attorneys for Michael Jackson's Doctor, Conrad Murray, Ed Chernoff, left, and Mike Flanagan, right speak to media after a hearing in Los Angeles. In an 11th hour appeal Friday, Sept. 2, 2011, Chernoff and Flanagan sought to overturn a judge's refusal to sequester jurors, arguing they would be "poisoned" by publicity unless they were kept in isolation during the involuntary manslaughter trial. (credit:AP)
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Michael Jackson fan Bristre Clayton of Las Vegas stands outside court during the trial of Conrad Murray, Michael Jackson's doctor who has been charged with involuntary manslaughter in the pop icon's death, in Los Angeles, Tuesday, Sept. 27, 2011. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter. (credit:AP)
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Paul Gongaware, Co-CEO of AEG Live and Concerts West, gestures while on the stand for the prosecution in the involuntary manslaughter trial of Conrad Murray at Superior Court in Los Angeles, Tuesday, Sept. 27, 2011. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (credit:AP)
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Michael Jackson's personal assistant, Michael Amir Williams, testifies during the second day of Conrad Murray's involuntary manslaughter trial in the death of pop star Michael Jackson in downtown Los Angeles, Wednesday, Sept. 28, 2011. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter. (credit:AP)