Janet Jackson reschedules shows

SAVANNAH GUTHRIE, co-host: But we are going to begin this half-hour with the latest on the trial of Michael Jackson 's doctor. Attorneys for Conrad Murray are expected to begin making their case today. And NBC 's Jeff Rossen is in Los Angeles again for us this morning. Jeff , good morning to you.

JEFF ROSSEN reporting: Hey, Savannah , good morning to you. And just to give you an idea how different the theories are about how Michael Jackson died that day in 2009 inside his mansion, Dr. Murray says he gave Michael Jackson 25 milligrams of propofol, this much, right up to here in a syringe about this size. But the prosecution's expert now says that's not true, he did the math, and Dr. Murray gave Michael Jackson 40 times more than that, this much propofol, and you can see the difference in size. This morning we have exclusive new details how Murray 's defense team will try to keep him out of jail. Dr. Conrad Murray has spent weeks listening to prosecutors blast him.

Unidentified Man: That misplaced trust in the hands of Conrad Murray cost Michael Jackson his life.

ROSSEN: Now, it's the doctor's turn. Sources close to the case tell NBC News Murray 's lawyers have developed a new timeline and they'll lay it out for the jury this week. One AM , Michael arrives home from rehearsal, takes a shower and a Valium . Two AM , Dr. Murray gives Michael two milligrams of the anti-anxiety drug lorazepam. Three-fifteen AM , Michael falls asleep, but by 3:30 AM , he's awake again. Five AM , Dr. Murray gives Michael another two milligrams of lorazepam, but the singer still can't sleep. Between 7 and 10 AM , Jackson becomes agitated, panicked that if he can't sleep, they'll have to cancel that day's rehearsal, putting the entire show and his paycheck in jeopardy. It's in that window, 7 to 10 AM , when Murray 's lawyers will claim Michael enters his private bedroom, where no one is allowed, and swallows eight pills of lorazepam, never telling Dr. Murray . Ten-forty AM , Dr. Murray gives Michael 23 milligrams of propofol, experts say a low dosage. Eleven AM , Michael is "sleeping comfortably" and Dr. Murray makes phone calls to his office and his girlfriends. Murray claims Michael then wakes up when he isn't looking and injects himself with more propofol. Eleven-fifty-eight AM , Dr. Murray notices Michael Jackson has stopped breathing.

Ms. ROBIN SAX (Former Prosecutor): While it may seem that the defense has a tough road ahead of them, all they have to do is kick up enough sand and hopefully something sticks with some juror that creates reasonable doubt .

ROSSEN: Murray 's defense team plans to call at least 15 witnesses and in court this week will argue what they told me at the start of the trial, that Michael Jackson essentially killed himself .

Mr. CHARLES UNGER (Conrad Murray's Defense Attorney): This was a gentleman who just couldn't sleep at night, period.

ROSSEN: And your contention is he would have done anything, including giving himself propofol and lorazepam to do it.

Mr. UNGER: Oh, without a doubt. He would have done anything to get the sleep that he needed.

ROSSEN: And we have another new development breaking overnight. Janet Jackson , Michael 's sister, has canceled several concerts in Australia this week to be here at the LA courthouse with her family. In a statement released overnight, Janet says, "After talking with my family last night, I decided we

must be together right now." Savannah: All right, NBC 's Jeff Rossen in Los Angeles . Thank you. Star Jones is a veteran legal commentator and former prosecutor. Star, good morning to you.

GUTHRIE: Good morning.

Ms. STAR JONES (Attorney and Former Prosecutor): Well, let's start talking about this new defense theory...

GUTHRIE: Mm-hmm.

Ms. JONES: ...that Jeff Rossen laid out, the timeline. And essentially what they're arguing is that Michael Jackson took it upon himself to walk into that private bedroom, take eight lorazepam unbeknownst to his doctor, Conrad Murray . We know that the defense does not have to prove a case beyond a reasonable doubt ...

GUTHRIE: Correct.

Ms. JONES: ...but don't they have to offer some evidence of this? I mean, they can't just make allegations and put no proof forward, right?

GUTHRIE: Do -- can I remind you of -- with sitting here with me and hearing that in the Casey Anthony case that there was some sort of child molestation? They made allegations without any proof whatsoever. She's at home right now, OK? And that's the kind of thing that a jury will look to. If they don't want to, quote, "ruin this man's life," Conrad Murray could get the benefit of beyond a reasonable doubt .

Ms. JONES: At the same time, prosecutors very effectively have used Conrad Murray 's own words...

GUTHRIE: Absolutely.

Ms. JONES: ...the statement he gave to police, and prosecutors are making the argument that 'Even if you just take Conrad Murray at his word, we've established gross negligence .'

GUTHRIE: Yes. If they're saying, the prosecution's saying, 'We don't believe anything that he says, and because of that he's guilty,' then they're also saying, 'If you believe everything that he says, because of that he's guilty.'

Ms. JONES: This is a pretty steep hole that the defense now has to climb out of. They are going to put on their own expert, forensic expert...

GUTHRIE: Mm-hmm.

Ms. JONES: ...to counter the experts we've heard now from the prosecution, most of whom seemed very effective in court. Is it possible that jurors just kind of throw their hands up and it's -- you -- we got dueling experts and they kind of cancel each other out?

GUTHRIE: The battle of the experts often ends with the jury tossing out sort of the main central issue, which is the propofol. That's why Dr. Steinberg is going to become so, so important. He's the one who laid out the six elements that could make gross negligence in and of themselves, and of those six, five of them would find Conrad Murray guilty. That's what the prosecution is depending on. The defense very clearly just needs to do reasonable doubt when it comes to cause of death. That's where they're going.

Ms. JONES: And to that end, I mean, the defense was actually severely limited by the judge before trial...

GUTHRIE: Mm-hmm.

Ms. JONES: ...in terms of what it could put on for evidence of his former addiction and his financial pressures. At the same time, evidence has come in that Michael Jackson had some kind of addiction problem. Do you think jurors may find, you know, 'We -- we'll never know what really happened here,' and that that would be sufficient to have reasonable doubt ? Maybe Michael Jackson did take these drugs himself.

GUTHRIE: That is always enough to -- if the jury throws its hands up and say, 'I just don't know,' that's enough to find a defendant not guilty. The bigger problem, though, for the defense is their alternate theories that can get to guilt. If the jurors are arguing over one aspect, the prosecution has another card to play, and they've played them all. It's very skillful. There's a hole that they have to get out of.

Ms. JONES: And you want to stand by your position, no way Conrad Murray takes the stand this week.

GUTHRIE:

Source: http://today.msnbc.msn.com/id/45015949/ns/today-entertainment/

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