Murray's appeal: No proof of IV drip
The prosecution's theory in the trial was that Murray hooked Jackson up to an unusual makeshift IV drip of propofol and then left him alone to make phone calls in an adjacent room. Murray was criminally negligent because he did not properly monitor his patient who later died from an overdose, they argued.
The defense argued that the IV drip only sent saline into Jackson's leg to hydrate him and that Murray used a syringe to slowly push a safe dose of propofol into Jackson's blood while he watched him fall asleep. A frustrated Jackson could have awakened while Murray was away and administered the fatal dose himself, the defense said.
"The propofol infusion theory offered by the prosecution's expert was not supported by the evidence, and in fact, was so absurd, improbable and unbelievable that a rational trier of fact could not have concluded that the evidence was sufficient to establish that appellant had placed Jackson on a propofol drip on the day of his death," the appeal argues.
The prosecution built the IV drip theory based on testimony of one of Jackson's guards who said he saw a propofol bottle hanging above Jackson's death bed when he arrived to help revive him. An investigator also found a saline bag with a slit in it, which the prosecution contended was used to hold the bottle on the IV stand.
Defense propofol expert Dr. Paul White testified such an IV drip set up was "befuddling" because a propofol bottle comes with a hanging device. The hanging tab on the bottle was not used, both sides agreed.
"The prosecution concocted the novel and ridiculous method of placing the vial into the bag through the slit, hanging the bottle upside down at an angle using the bag for support, and then hanging the bag from the IV stand," the appeal argues.
A piece of tubing key to the IV drip was never found, but the prosecution suggested Murray could have slipped it into a pocket before leaving the bedroom to ride to the hospital with Jackson.
Wass argues that is "pure speculation, and the absence of evidence of a long IV line with propofol residue is fatal to the prosecution's theory."
"If an IV line used in a propofol infusion had been placed in appellant's pocket, it would have been dripping propofol, and resulted in a messy wet pocket," the appeal argues. "Such a result is not reflected in any photograph, testimony, or statement of any witness."
Murray's appeal: Jackson gave himself fatal dose
Michael Jackson got little sleep the morning he died, despite Murray's bedside efforts using sedatives, according to Murray.
"It is likely that Jackson's heightened insomnia on June 25th was exacerbated by his surreptitious Demerol addiction and the resultant acute withdrawal syndrome therefrom," the appeal says. "Jackson's last Demerol injection was on June 22nd, less than 72 hours before his death, which could have been a peak period for the occurrence of withdrawal symptoms."
But he did fall asleep at 10:40 a.m after a single dose of propofol, he told investigators. After watching him for 15 minutes, Murray left him alone, the appeal says.
"The evidence is consistent with a scenario in which Jackson quickly self-injected the lethal bolus dose of propofol while appellant was outside the bedroom," the appeal contends. "Based on the toxicology results, it appears that the rapid injection lead to cardiac arrest and a quick death."
He may have had access to a bottle of propofol without Murray knowing, the appeal says.
"Jackson was very familiar with propofol, as other doctors had administered propofol to him," Wass writes. "It is conceivable that Jackson had obtained a secondary source for the drug, especially because Jackson had been receiving nightly infusions from appellant for the previous two months, and appellant had Sunday nights off."
If Jackson -- not Murray -- administered the final and fatal dose, then it was not the doctor's fault the patient died, the argument says.
Murray's appeal disputes the prosecution argument that Murray was criminally liable even if Jackson had administered the fatal dose himself because Murray should have known that leaving the drugs near Jackson's bed posed a risk. The risk was "not reasonably foreseeable," it said.
The prosecution will have a chance to respond to Murray's arguments before the California appeals court makes a decision.