Dr. Conrad Murray Calls for Third Appeal in Michael Jackson Manslaughter Case

The cardiologist Dr. Conrad Murray, currently imprisoned after being convicted of contributing to the 2009 death of the late pop star Michael Jackson, has filed an appeal in California Court on Monday, claiming that a key piece of evidence in his trial should be re-tested.

In June 2009 Jackson passed away from acute Propofol intoxication. In 2011Murray was convicted of involuntary manslaughter, given that he witnessed Jackson administer himself tablets of Lorazepam (a sedative) and ultimately left the room while Jackson (under pressure from touring and rehearsing) self-administered a dose of Propofol, a hypnotic agent. That, along with the Lorazepam, negatively reacted in Jackson's body and killed him instantly.

Murray, 58, was sentenced to four years in a Californian prison for the crime.

Now, Murray and his defense team claim that a key piece of evidence was wrongly interpreted and may lead to an appeal of the involuntary manslaughter conviction if invited back into court evidence.

The defense argues that the 100-millileter bottle of Propofol involved in Jackson's death should now be checked for the presence of Lidocaine, (a diluent drug commonly mixed with the anesthetic by doctors to ease a patient's pain).

According to the prosecution, Murray's fingerprint was on the bottle, supporting the fact that he had mixed a small amount of Propofol with Lidocaine in an intravenous drip, and then left the room.

But now Murray's defense team insists that the 100-millieter vial was found at the scene in a bag of trash. Therefore, the evidence is not even related to Jackson's death, altering the whole scenario that Jackson injected himself with Propofol from a syringe while the Murray wasn't looking.

According to appellate attorney Valerie Wass in a court filing, "If a forensic examination of the residue in Exhibit 30 revealed no Lidocaine, it would completely negate [the prosecution expert's] concluding theory ... leaving only the theory of bolus injection just prior to Jackson's death."

This is the third attempt by Murray's lawyers to launch an appeal involving the vial, insisting that during the 2011 seven-week trial, they did not fully comprehend the importance of having it tested for traces of Lidocaine.

According to reports by his lawyer Wass, Murray stated, "I may not make it out of here alive. This is a very dangerous place. I'm in here dying. The system is intent on killing me. "

Still, according to Linda Whitney (who initially filed the claim) Murray refuses to undergo mandatory mental and physical examinations, which is in direct violation of the California Board's orders.

Maybe third time's the charm for Dr. Murray, considering Judge Michael Pastor refused a motion for further analysis shortly after the initial verdict was made and also denied the defense's second request.