Jacksons vs AEG - Day 56 – July 25 2013 – Summary
(source : ABC7 unless otherwise indicated)
Katherine Jackson is in court.
Outside the presence of the jury, Jacksons' attorney Brian Panish expressed concern about next witness. Nurse and anesthetist David Fournie had conversation with Dr. Klein and defendants want to introduce that conversation in the testimony. Fournier is performing anesthesia in MJ, there's a situation that arises, Kathryn Cahan said. 'Oh, he has a Narcan implant,' Dr. Klein allegedly told Fournier, who then directs Fournier how to treat MJ. Panish said this was in 2003. He claims it's character evidence, that MJ never disclosed it to the nurse. He also claims to be hearsay. Judge asked sides to research if the conversation would be considered exception to the hearsay rule. Bina said Fournier didn't know what to do, he asked the doctor and changed the treatment. She said MJ admitted he had an implant after. Cahan: He's administered anesthesia, MJ stopped breathing for 5 minutes, Fournier had to breath for him. Cahan: That continues until he realizes there's a reaction to Narcan implant. Panish asked what the relevance is, said defendants are trying to introduce character evidence, which has nothing to do with this case. Cahan said the relevance is that Fournier asked MJ about changes from prior treatment. Cahan: MJ knew he had a Narcan implant and chose not to disclose it. He stopped breathing for 5 minutes in the middle of the procedure. Cahan said it goes to the issues of life expectancy, addiction issue, concealment of drug use. Judge is overruling the objection since she thinks it's been offered for the truth and it's hearsay. Defendants not allowed to use it.