In this file photo taken Tuesday, Nov. 1, 2011 Dr. Conrad Murray waits to leave the courtroom during the final stage of his defense in his involuntary manslaughter trial in the death of singer Michael Jackson. Attorneys for Murray are asking a judge to order additional testing on a key piece of evidence _ a propofol vial that prosecutors contend was used on the morning Jackson died. (AP Photo/Kevork Djansezian, Pool, File)
LOS ANGELES (AP) — A judge has denied a request to retest a vial of the powerful anesthetic that killed Michael Jackson.
Dr. Conrad Murray’s lawyer asked for testing on a vial of the anesthetic propofol on Friday.
Superior Court Judge Michael Pastor says Murray’s defense attorneys knew about the vial at the start of the case and could have requested the testing months ago.
Attorney J. Michael Flanagan wrote in a court filing that the testing is necessary to analyze the prosecution theory that Murray placed Jackson on an IV drip of propofol and the painkiller lidocaine then left the room.
A prosecutor argued Monday that Murray received a fair trial and there was no legal basis for the request.