Conrad Murray Trial

L.A. County Deputy District Attorney David Walgren told the judge today, "I do think it's clear the defense is operating under the theory that the victim, Michael Jackson, killed himself."

We broke the story ... Murray's theory is that when he left Michael's bedroom the day he died to go to the bathroom, Jackson awakened and in a moment of frustration infused himself with a massive dose of Propofol.

Walgren said in court, "They don't want to say it but that's the direction in which they are going."

Sources connected with Murray's defense tell TMZ Murray's lawyer, Ed Chernoff, will be there to listen -- not to ask questions. Specifically, when the prosecution lays out its case, Chernoff will be looking for holes and inconsistencies.

As TMZ first reported, the prosecution will call approximately 30 witnesses, including experts and LAPD detectives, to establish Murray acted recklessly in fueling MJ with Propofol the day he died.

It's a very good bet the judge will order Murray to stand trial ... judges rarely dismiss charges after a preliminary hearing. So there's no point in Murray's lawyer playing his hand.

Sources say the prelim will last roughly 2 weeks and approximately 30 witnesses will be called.

We're told there won't be a "Perry Mason" moment -- instead, prosecutors will lay out their case, piece by piece, to show Dr. Murray acted recklessly by medicating Michael with Propofol and other drugs at his home the day he died.

Sources say the witnesses include various medical experts, as well as 3 LAPD detectives who investigated the case.

And, we're told, prosecutors will present more evidence than in a typical manslaughter case, because the legal theory here is novel -- that a doctor committed a homicide in the treatment of a patient.

Sources connected with the case tell TMZ ... evidence in the room suggests certain potent drugs were "prescribed and prepared" for MJ to self-medicate.

As we first reported, Dr. Murray's team will not challenge the L.A. County Coroner's finding that Jackson died of a massive Propofol overdose. But as we told you, Murray's team will present evidence in the doc's manslaughter case that Michael awakened, then gave himself the fatal dose of Propofol when Murray left the room.

We're told Murray's team hasn't decided if it will use the evidence found in the room to implicate other doctors in Jackson's death. But we do know Murray's legal team will present evidence during the trial that the fruits of Jackson's notorious doctor shopping over two decades wore his body down.

The rep for Dr. Murray's lawyer refused comment.

According to Murray's rep, the telephonic meeting with the board ends their inquiry into Dr. Murray.

This all stems from issues related to child support he owed his baby mama. Dr. Murray had stated on his medical license he was in full compliance on support, when technically he was not. A rep for Murray tells TMZ .... Murray had felt he was in compliance at the time since he was in negotiations with his baby mama's lawyers.

During the interview on "Hoje em Dia," the interviewer incorrectly said, "According to TMZ, you were being supported by Michael." Joe responded, "No, he never supported me."

The statement flies in the face of his claim in the Michael Jackson Estate case ... that Michael did indeed support him -- which is why Joe asked for an allowance.

Even more serious for Joe, by admitting MJ never supported him, it could severely compromise his wrongful death lawsuit against Dr. Conrad Murray. Joe's statement could severely limit his monetary claim, because now he can't show he lost money when Michael died.

TMZ previously reported, Michael didn't support his dad, but he gave Katherine $50,000 - $66,000 a month ... and she would then use that money to pay for Joe's living expenses.

A federal judge threw out Joe's claim, ruling the case should have been filed in a California state court. So Joe's lawyer has now refiled the case in L.A. County Superior Court.

Joe is alleging that Dr. Murray was negligent in administering the Propofol that killed the singer.

Sources tell TMZ ...the Medical Board is itching for a full copy of Michael Jackson's medical records, for the purpose of initiating license suspension/revocation proceedings. But there's a rub ... someone needs to release the records, and the board thinks Katherine has the power to do it.

As we previously reported -- the Texas Medical Board has already prohibited Dr. Murray from administering Propofol or other heavy sedatives while he continues to practice medicine at his Houston clinic. The restriction was triggered by the criminal case in California.

No word from Katherine's camp on whether she'll play ball with the Medical Board. Sources tell us the family has a complete copy of MJ's medical file chronicling the events that led to his death.

On an episode of "Oprah" airing today, Katherine explained how everyone at the hospital was reluctant to tell her what happened to her son.

Judge John Walter denied Dr. Murray's motion to dismiss the case, concluding Murray's lawyer, Charles Peckham, violated court rules by not trying to resolve the issues with Joe's attorney before filing his motion.

But the judge also said Joe's lawyer, Brian Oxman, was slow on the uptake in filing his opposition papers ... missing the deadline.

In new legal documents -- obtained by TMZ -- Dr. Murray's lawyer, Charles Peckham, is asking the judge to throw out statements attributed to Michael Jackson ... that Katherine Jackson was acting as an agent -- a go-between -- in funneling support money to Joe.

Peckham says the claims that Katherine was Michael's agent -- made by Joe's lawyer, Brian Oxman, and Leonard Rowe, the self-proclaimed former MJ advisor, are nothing but rank hearsay.

For example, Oxman said in legal papers filed last week, "[Michael Jackson] supported his father, Joseph Jackson, by making payments to his mother, Katherine Jackson, on a monthly basis." Peckham calls Oxman an "incompetent legal expert."

In legal papers filed today and obtained by TMZ ... Dr. Murray challenges Joe Jackson's decision not to name Dr. Klein as one of the physicians allegedly responsible for his son's death.

In the new docs, Murray quotes from Joe's lawsuit, "Dr. Klein may have been medicating Michael Jackson up until or even beyond June 18, 2009, less than one week before Michael Jackson's death."

And Murray continues quoting from Joe's lawsuit that Dr. Klein "prescribed or may have over medicated Michael Jackson including to such point that AEG Live, LLC had to hire Dr. Murray in order to separate Michael Jackson from Arnold Klein."

And Murray goes on to quote Joe's lawsuit which claims "AEG Live, LLC read Michael Jackson the proverbial 'riot act' to get him to stop subjecting himself to overmedication by Dr. Arnold Klein."

So with all that, Dr. Murray concludes, "The plaintiff [Joe Jackson] does not explain why, given these allegations, Dr. Arnold Klein is not a required party to be added to accord proper relief."

In other words ... why didn't Joe sue Arnie?

As TMZ first reported, Dr. Klein shot Michael full of Demerol -- 51 injections in a 3-month span, right up until the week of his death.

Dr. Murray also points the finger at other doctors who treated Michael Jackson, citing TMZ stories revealing that 7 doctors other than Murray were fueling MJ with meds at or near the time of his death.

According to the new documents, Dr. Murray and representatives from AEG went to Michael Jackson's home on N. Carolwood Drive on June 18, 2009 -- and said they were there for a "drug intervention."

The suit claims during the meeting AEG demanded Michael "stop seeing Dr. Arnold Klein and stop taking the drugs Klein gave to him." They wanted Michael to "take only the medications being given to him by Conrad Murray."

According to the suit ... the intervention was intended to get Michael to adhere to Dr. Murray's drug regimen so he could get more sleep. AEG thought Michael was missing rehearsals because of medications from Dr. Klein and other doctors.

The suit also alleges that in the days leading up to Michael's death it was apparent he was getting weaker and weaker, at times seeming "drugged and disoriented."

We're told Doc Murray believes that everyone has a right to express their feelings ... even if he doesn't agree.

As we previously reported, several Michael Jackson supporters hurled insults at the doc as he left an L.A. courtroom yesterday ... right after Murray's legal team was granted access to MJ's fluid samples to aid in his defense in the involuntary manslaughter trial.

As we first reported, Dr. Murray's lawyers want to re-test some of the fluids to determine the accuracy level of the Propofol found in Jackson's body.