(Please note, I will try to respond to all previous blog posts here soon--I am trying to catch up on these testimonies first as I am horribly behind! Please do not let that stop anyone from commenting, though. Thank you.)
January 7th, 2011
Elissa Fleak--Fleak is employed by the Los Angeles County Coroner's office. She is a coroner investigator. She states a coroner investigator does" death investigations at scene, body exams, notify family of deaths, collect property, and write reports for the pathologist in the department". She confirms it is her role to assist in the determination of cause of death. She has worked for the coroner's office for 8 years.
DIRECT EXAMINATION: MR. WALGREN
Fleak confirms she was working for the coroner's office on June 25th, 2009. She affirms learning about Michael's death that day. Fleak states she arrived at UCLA at 5:20 p.m. Fleak states she "made observations of the decedent"--as in, she viewed the body externally in an attempt to observe any observable trauma. She states she did not find any obvious signs of death at that time.
Fleak confirms receiving 4 vials of blood that were drawn at the hospital. She confirms the name "Gershwin" was on the labels as well as a specific medical records number. She confirms those vials were later logged in as medical evidence (toxicology evidence) at the coroner's office.
Fleak confirms she went to 100 Carolwood Drive (Michael's residence) after arriving at UCLA. Fleak states she performed a "scene investigation". She confirms she went upstairs to the bedroom where paramedics tended to the patient. Fleak states she began her investigation in that particular bedroom.
Fleak is asked to look over photos of the scene.
Walgren: CAN YOU DESCRIBE THAT BRIEFLY?
Fleak: THAT IS WHERE I WAS TOLD THE DECEDENT WAS BEING TREATED AND WAS FOUND BY PARAMEDICS BEFORE BEING TAKEN TO THE HOSPITAL. THAT IS THE ROOM HE WAS IN.
Walgren: LOOKING AT PEOPLE'S 13, DO YOU RECOGNIZE THE AREA SHOWN THERE?
Fleak: YES. THOSE ARE THE TWO TABLES. THERE IS A NIGHTSTAND. IF YOU ARE FACING AT THE FOOT OF THE BED, THOSE ARE TO THE LEFT.
Fleak confirms the photos correlate to floor plans of the upstairs of the home. Fleak continues...
Walgren: THIS WOULD BE THE BED, AND THE NIGHTSTAND, AND TABLES THAT YOU JUST DESCRIBED IN THE PREVIOUS PHOTOGRAPH?
Walgren: I'M INDICATING ON THE DIAGRAM IN THE CENTER AS YOU LOOK AT THE DIAGRAM, TO THE RIGHT, THE SECOND FLOOR BEDROOM BED, CORRECT?
Fleak: YES, THE TWO NIGHTSTANDS.
Fleak confirms she began taking photosgraphs and documenting information she found relevant to the investigation into the patient's death.
Walgren asks if Fleak found any prescriptions. Fleak confirms she collected 7 pill bottles from the table directly next to the bed. She confirms this information was recorded in Table 3A which can be found in the autopsy report (http://www.scribd.com/doc/37663074/Michael-Jackson-Autopsy-Report-Complete).
Fleak confirms she found the following: FLOMAX, TRAZADONE, LORAZEPAM, CLONAZEPAM, DIAZEPAM and TIZANIDINE. She also states she collected several bottles of lotion-- HYDROQUINONE (and) A TUBE OF LIDOCAINE LOTION. She states these items were on the nightstands.
Walgren asks about benoquin. Fleak states benoquin was also one of the lotions found and it was included on Table 3A.
Fleak confirms who the prescribing doctor was for each prescription. (http://www.scribd.com/doc/37663074/Michael-Jackson-Autopsy-Report-Complete).
Walgren shows Fleak two photographs. The first photograph is of a nightstand next to the bed. The second one appears to be a close-up of the table just next to the nightstand.
Walgren : INVESTIGATOR FLEAK, GOING BACK TO PEOPLE'S 13, YOU SEE THE TWO SEPARATE TABLES ON PEOPLE'S 13 NEXT TO THE BED?
Fleak states she does. Fleak confirms directly adjacent to the bed is a particular table and there is a second table just to the side of the former table.
Walgren: WHAT IS DEPICTED THERE, INVESTIGATOR FLEAK?
Fleak: THE PRESCRIPTION PILL BOTTLES. THREE OF THEM ARE ON THE TOP SHELF OF THAT TABLE. AND THEN THERE IS A BASKET ON THE LOWER SHELF WITH AN EMPTY JUICE BOTTLE.
Fleak states there are prescription pill bottles in the basket as well. She confirms the basket is on the lower right shelf of the table. She confirms the upper shelf has three prescription medicine bottles, a bottle of aspirin and another empty bottle of juice.
Walgren: THEN LOOKING AT PEOPLE'S 30 (the second table), WHICH WOULD BE THE TABLE ADJACENT TO THAT NIGHTSTAND, ALTHOUGH IT IS A LITTLE WASHED OUT IN THIS PHOTOGRAPH, INVESTIGATOR FLEAK, WAS THAT THE TUBE OF LOTION THAT I'M POINTING TO ON THE RIGHT-MOST PORTION OF THAT TABLE AS YOU LOOK AT THE PHOTOGRAPH?
Fleak: THAT IS THE TUBE OF LIDOCAINE LOTION.
Walgren: IN THIS SAME TABLE AREA, DID YOU ALSO RECOVER A SYRINGE?
Fleak: YES. THERE WAS A SYRINGE ON THE TABLE AS WELL AND A NEEDLE ON THE GROUND ON THE LEFT SIDE OF THE BED.
Fleak clarifies when she states "syringe" she is referring to the plunger and the top part (barrel) of the syringe--the plastic part of a syringe which holds the medication.
Walgren asks to add a photograph to the evidence. The photograph is of a syringe next to a Naked brand juice bottle. Walgren also asks to add a photograph of an oxygen tank and ambu-bag on the floor, as well as a close-up of the same ambu-bag.
Fleak states the syringe in the photograph (the one mentioned previously) was completely depressed, as in, the plunger was completely in the barrel.
Walgren: AND LOOKING NOW TO THE FLOOR, WHICH IS SHOWN IN PEOPLE'S 32, WOULD YOU PLEASE DESCRIBE WHAT IS SHOWN THERE?
Fleak: THAT IS THE AMBU BAG WITH A CONNECTED TUBING. THE BLUE AMBU BAG HERE ON THE FLOOR JUST BENEATH. THAT IS THE NEEDLE, THE SYRINGE OR A NEEDLE. THE BAG, THEN THE CLEAR TUBING THAT GOES TO A NASAL, PLASTIC NASAL APPARATUS.
Fleak states it is a nasal cannula and the oxygen tank is right next to the bed.
Walgren: IS THAT DESCRIBED IN SOME OF THE CORONER DOCUMENTS AS A BROKEN SYRINGE?
Fleak: I DID DESCRIBE IT AS A BROKEN SYRINGE BECAUSE THE TWO PIECES WERE SEPARATED. THE NEEDLE WAS SEPARATE FROM THE ACTUAL PLASTIC, THE PLUNGER APPARATUS. IT IS NOT BROKEN. I SHOULD HAVE DESCRIBED THEM AS NOT CONNECTED.
Walgren: SO THERE WAS A SYRINGE ON THE NIGHTSTAND WITHOUT A NEEDLE ATTACHED?
Fleak states that is correct. She also confirms there was a needle on the floor.
Fleak states she does not have any independent knowledge as to whether or not that particular syringe and needle went together. She agrees the syringe and needle may have been together at a point in time or may not have been used together.
Fleak confirms there was an IV stand in the room.
Fleak: YES, THAT WAS IN THE ROOM. IF YOU ARE FACING THE BED, AT THE FOOT OF THE BED IT WAS TO THE RIGHT, TO YOUR RIGHT.
Fleak confirms again the IV equipment was to the right of the bed if one is facing the head of the bed. A couple of chairs are mentioned as being present.
Walgren asks Fleak about her depiction of the IV stand.
Fleak: THE STAND IS THE METAL POLE WITH THE HOOK AT THE TOP. SALINE BAG IS HERE. THERE IS TUBING DOWN TO THIS AREA WHERE THERE IS A FORK OR A CLAMP IN THE TUBING WHICH HAS A SYRINGE IN IT. THEN TUBING CONTINUES DOWN AND IS CLOSED.
Walgren inquires about the jug of urine. Fleak states if one was at the foot of the bed facing the head of the bed, to the left of a chair, behind the bed there was a jug of urine and urine pads. The urine pads were unopened. She states the jug containing urine is a "medical container". She state she also recovered an open box of disposable hypodermic needles. She states the box was on one of the two nightstands. She also recovered IV catheters which were located on a nightstand as well.
Walgren asks Fleak about recovering a bottle of flumazenil on June 25th.
Fleak: YES. I COLLECTED AN EMPTY VIAL OF FLUMAZENIL AND AN EMPTY VIAL OF PROPOFOL FROM THE GROUND TO THE LEFT OF THE BED BENEATH THE TABLES, THE TWO NIGHTSTANDS.
Walgren confirms again that the two nightstands are immediately adjacent to the bed and to each other. Fleak confirms she photographed the bottle of propofol found in its location under the nightstand. She states it was empty. She also states it was a 20 mL (200 mg) vial.
Fleak confirms she returned to the household located on Carolwood on June 29th, 2009 to continue her investigation.
Walgren: SHOWING YOU THE DIAGRAM OF THE UPSTAIRS BEDROOM AREA EARLIER MARKED PEOPLE'S 9, LOOKING AT THE BEDROOM AREA WHERE WE FOCUSED YOUR TESTIMONY THUS FAR NEAR THE BED AND SURROUNDING THE NIGHTSTAND AND TABLE, DESCRIBE, IF YOU WILL, IF YOU WERE TO WALK FROM WHERE I AM HERE WITH THE LASER POINTER FROM THE NIGHTSTAND, IF YOU WERE TO WALK THROUGH THIS CORRIDOR INTO THIS NEXT ROOM LABELED BEDROOM 2 CLOSET, CAN YOU DESCRIBE THAT ROOM, THE BEDROOM 2 CLOSET?
Fleak: YES, IT IS AN ATTACHED ROOM LINED WITH WOODEN CABINETS. ALMOST, VERY TALL, ALMOST TO THE CEILING, WARDROBE LIKE CLOSETS.
Fleak confirms it is essentially a closet but one the size of a typical bedroom. Fleak confirms for June 29th most of her focus was on the "bedroom 2 closet area". From this closet she recovered more medical evidence which was logged as "Medical Evidence #2". The evidence collected June 25th was labeled as "Medical Evidence #1".
Walgren: ON JUNE 29, 2009, WAS THE I.V. BAG AND I.V. KIT YOU TESTIFIED TO, WAS THAT COLLECTED AND LOGGED AS MEDICAL EVIDENCE NO. 2?
Fleak confirms this is correct.
Walgren: LET ME ZOOM OUT FOR A MOMENT. JUST TO MAKE SURE WE ARE PROPERLY ORIENTED, DO YOU SEE THE WOOD CABINET AREA DIRECTLY CENTERED ON PEOPLE'S 39?
Fleak states she does see the area.
Walgren: AND TO THE RIGHT OF THAT, YOU SEE THIS DOORWAY HERE?
Fleak: YES, THAT IS THE ENTRANCE FROM THE BEDROOM. SO WHAT WE ARE LOOKING INTO IS THE BEDROOM WHERE YOU WERE INFORMED MICHAEL JACKSON HAD DIED OR WHERE THE INCIDENT HAD TAKEN PLACE?
Fleak states "yes".
Walgren: DOES THIS CABINET DEPICTED HERE, PEOPLE'S 39, SHOW ITEMS OF EVIDENCE THAT YOU COLLECTED AND LOGGED ON JUNE 29, 2009?
Fleak: YES. IN THE TOP SHELF IS THE MEDICAL EVIDENCE I COLLECTED ON THE 29TH.
Walgren: IN THIS PARTICULAR PICTURE, THE CABINET DOORS ARE PROPPED OPEN TO ALLOW FOR PHOTOGRAPHING THE ITEMS IN THE CONDITION YOU FOUND THEM IN?
Fleak states "yes".
Walgren: IT APPEARS TO BE SOME BAGS AS WELL AS SOME PLASTIC BAGS CONTAINING ITEMS; IS THAT RIGHT?
Fleak confirms this is correct. Fleak confirms she removed those items from the cabinet and did an inventory on them that day as well.
Fleaks confirms she removed some of the items and laid them out on a nearby table for photographic purposes.
Walgren: I WANT YOU TO JUST LOOK AT THIS PHOTOGRAPH FOR A MINUTE. IF YOU COULD BEGIN AT THE LEFT-MOST PORTION OF THIS PHOTOGRAPH WHERE I'M POINTING AT THIS BLACK BAG, CAN YOU BASICALLY DESCRIBE IN SIMPLE TERMS WHAT THAT IS.
Fleak: IT IS A BLACK SQUARE BAG WITH A ZIPPER.
Walgren: WAS THAT RECOVERED FROM THE CABINET AREA THAT YOU PREVIOUSLY TESTIFIED ABOUT?
Fleak states "yes".
Walgren: THEN GOING FROM LEFT TO RIGHT, THIS DARK BLUE BAG APPEARS TO BE LARGER IN SIZE. WHAT WAS THAT?
Fleak: A LARGE BLUE BAG WITH A ZIPPER LABELED COSTCO ON THE OUTSIDE.
Walgren and Fleak proceed to another bag which was composed of two colors--light blue and brown. She states it was labeled as a "Baby Essentials" bag.
Walgren asks Fleak what was depicted to the right of the "Baby Essentials" bag. She states there were miscellaneous supplies, including a plastic bag full of benoquin tubes containing benoquin lotion/cream. Fleak again confirms she emptied the contents of the individuals bags and inventoried the contents.
Walgren begins with the small, square black bag. Fleak reveals it contained a blood pressure cuff and three vials of lidocaine. Two were empty and one had remaining liquid of an unknown quantity. All had been used to some degree. They were 30 mL vials.
Fleak and Walgren examine the Costco bag next. Fleak confirms she inventoried it as well.
Walgren: AGAIN, FOCUSING ON THE LARGE BLUE COSTCO BAG, INSIDE THAT BAG DID YOU FIND A SALINE BAG THAT HAD BEEN APPARENTLY CUT OPEN?
Fleak confirms this is true.
Walgren: DID YOU FIND ANYTHING WITHIN THAT SALINE BAG?
Fleak: YES. THERE WAS A BOTTLE OF 100-MILLILITER VIAL OF PROPOFOL IN THE CUT-OPEN I.V. BAG.
Walgren: IF I ZOOM IN ON THIS PICTURE, DOES THIS DEPICT THE CUT WITHIN THAT SALINE BAG GOING FROM TOP TO BOTTOM IF THE I.V. BOTTLED HAD BEEN HANGING ON AN I.V. STAND?
Flanagan objects on the basis that the facts are not in evidence. The Court sustains the answer. Walgren is asked to re-ask the question.
Walgren: I'D ASK YOU TO DESCRIBE IN THIS AREA THAT I'M POINTING, WHAT IS SHOWN THERE?
Fleak states there was a slit in the bag.
Walgren: THIS PROPOFOL BOTTLE, DID YOU TAKE THIS PHOTOGRAPH OR DIRECT THAT THIS PHOTOGRAPH BE TAKEN WITH THIS PROPOFOL BOTTLE LAYING ON TOP OF THIS CUT OR I.V. BAG WITH THE SLIT IN IT?
Fleaks states that she did.
Walgren: THAT IS THE PROPOFOL BOTTLE THAT WAS CONTAINED WITHIN THE I.V. BAG?
Fleak states it was inside the bag.
Fleak is asked to move onto the next item she found in the Costco bag. She states she found a 20 mL bottle of propofol and one vial of lorazepam. Walgren takes a step back and asks if the 100 mL propofol bottle found in the slit IV bag had been opened. Fleak confirms it had been opened and it had liquid in it. She states the 20 mL vial of propofol had also been opened and contained liquid. She states the 10 mL vial of lorazepam had been opened and had liquid in it as well. Fleak also inventoried two 10 mL vials of midazolam. She states both were open and both had liquid in them. Fleak states a bloody piece of gauze was found in the Costco bag, along with crumpled medical packaging and a pulse oximetry device.
Fleak and Walgren move onto the "Baby Essentials" bag which was also inventoried. Fleak states there were two 100 mL propofol vials that were unopened. There were four 20mL vials of propofol, unopened. There were also three 20mL vials of propofol found open with remaining liquid. There were also two 30 mL vials of lidocaine, opened with liquid in them. There was one 30 mL vial of lidocaine unopened. There was one 10 mL vial of midazolam, opened with liquid remaining along with two 10 mL vials of midazolam that were not opened. There were three 5 mL vials of flumazenil, unopened. There was one 5 mL vial of flumazenil that was opened with remaining liquid. There was one 4 mL bottles of lorazepam opened with remaining liquid along with one 4 mL vial of lorazepam that was unopened. This bag also contained a red pill bottle with no label which contained 14 red/black capsules determined to be ephedrine and caffeine capsules. There were also OTC (over-the-counter) eye drops, another tube of benoquin lotion and five business cards for Conrad Murray. There was also an IV clamp and a blue strip of rubber determined to be a tourniquet.
Fleak confirms that a total of 11 bottles of propofol were found in the bags and the one bottle found under the nightstand bringing the grand total of propofol vials to 12 vials. Fleak confirms there were 6 total vials of IV lidocaine.
Fleak is asked several questions about the photographs she took of the items inventoried from the three bags. Walgren then ends his direct examination of the witness.
CROSS-EXAMINATION: MR. FLANAGAN
Fleak confirms she did a search of the residence on Carolwood the evening Michael died. Fleak states she took photos on the 25th and 29th. She was told by detectives that additional medical evidence was likely in the house, hence her trip back on the 29th.
Flanagan: THEY TOLD YOU THAT DR. MURRAY GAVE THEM THE LOCATION AND WHAT THEY COULD FIND?
Fleak: I DON'T BELIEVE THEY SAID IT LIKE THAT.
Fleak confirms the information did come from an interview with Murray.
Walgren objects and the Court sustains the objection. Flanagan tries to ask again what Fleak was told. Fleak states she was told there may be additional medical evidence in the house by Detective Smith. Fleak states he did not tell her what was at the house but did tell her to look in the closet. Fleak states she believes she did not look into that particular closet on the 25th--she may have glanced into the closet but did not search the closet.
Fleak states she did search other drawers in the closet. She states the three bags came from the same area, the same cabinet.
Flanagan: NOW, WHEN YOU WENT THROUGH AND YOU SEARCHED ALL THE DRAWERS, CABINETS IN THAT ROOM, DID YOU EVER FIND A TRASH BAG?
Fleak inquires what is meant by a trash bag. Flanagan states "like a grocery plastic bag".
Fleak: NO. IN THE BLUE COSTCO BAG, THERE WAS A BAG OF MISCELLANEOUS MEDICAL PACKAGING THAT WAS CRUMPLED UP IN A PLASTIC BAG, BUT IT WAS NOT A GROCERY BAG, I DON'T BELIEVE.
Fleak states it was a clear plastic bag. She further states it was about the size of a gallon bag. She states there was no seal or zipper at the top.
Flanagan: AND YOU SAID THERE WAS PACKAGING, LIKE PAPER PACKAGING?
Fleak: CRUMPLED UP PLASTICS, LIKE A SYRINGE, DISPOSABLE SYRINGE, DISPOSABLE CATHETERS, THE PACKAGING THAT SURROUNDS EACH ONE OF THOSE. TISSUE, LIKE KLEENEX TISSUE CRUMPLED UP.
Fleak is asked if any materials had biological material on them. Fleak states there was the one bloody gauze found. She states the gauze was in the Costco bag but cannot remember if it was in the clear plastic bag or not.
Fleak is asked to describe the pulse oximeter. She states it was a small black square with a lanyard attacked to it which was red. It was labeled "Onyx".
Flanagan begins to ask about the IV bag that had been cut open with the inserted 100 mL propofol bottle found in the Costco bag.
Fleak confirms there was liquid in it but cannot recall how much, she cannot recall if it was half-empty or had only residue in it. Fleak clarifies that the 20 mL propofol vial in the Costco bag was not found in the cut IV bag. Fleak cannot recall how much medication was left in the vial for that bottle, either.
Flanagan: THE TEN-MILLILITER BOTTLE OF LORAZEPAM, DO YOU RECALL, IT SAYS HERE, PRINTED, RESIDUAL. WHAT DO YOUR NOTES MEAN THERE?
Fleak: IT WAS FINGERPRINTED AND THERE WAS RESIDUAL LIQUID IN THE VIAL.
Flanagan: WHEN YOU SAY RESIDUAL LIQUID, ARE YOU TALKING ABOUT AN EMPTY BOTTLE WITH JUST RESIDUE OR TALKING ABOUT SIGNIFICANT, SUCH AS A QUARTER FULL, HALF FULL?
Fleak: I'M NOT QUANTIFYING IT. THERE WAS LIQUID IN THE BOTTLE. THERE WERE SO MANY VIALS, I DON'T REMEMBER WHICH ONES WERE MORE FULL OR LESS FULL, AND I DIDN'T DOCUMENT THAT AT THE TIME.
Fleak states she did not fingerprint the vials. Fleak clarifies what the "plus in a circle" in her notes signify. She states it means the bottle was open, it was positive for liquid and it was fingerprinted. She states, however, that it was possibly going to be fingerprinted. She states they were not fingerprinted yet when she took them.
Flanagan: THE OTHER BOTTLES, THE 20-MILLILITER BOTTLE AND TEN-MILLILITER MIDAZOLAM, IT DOESN'T SAY POSITIVE FOR LIQUID. YOU USE THE TERM RESIDUAL. DOES THAT MEAN SOMETHING DIFFERENT?
Fleak: NOT IN MY MIND, NO. JUST IT WAS POSITIVE FOR LIQUID, RESIDUAL LIQUID. THAT WAS JUST HOW I WAS TAKING NOTES.
Fleak states there were two 30 mL vials of lidocaine in the square black bag. She confirms they were open and completely empty as far as she could tell by looking at them. Fleak confirms the third lidocaine bottle had been opened and had remaining liquid. Fleak could not recall how much liquid was left over. Fleak confirms the blood pressure cuff was in the black bag as well. There is then discussion about legibility problems with Fleak's handwritten notes.
Flanagan and Fleak move onto the "Baby Essential" bag. Fleak confirms the bag contained a mixture of open and closed bottles. She confirms all of the bottles had varying amounts of liquid in them and varied in substance type as well.
Flanagan: THE I.V. FROM THE I.V. BAG, I THINK IT IS THE LAST PAGE OF YOUR WORKSHEET HERE. THE I.V. BAG FROM THE I.V. STAND. NOW, THE I.V. BAG, DID IT HAVE LIQUID IN IT?
Fleak confirms it did. She is asked if it was fingerprinted. Walgren objects. Fleak is asked if she requested it to be fingerprinted and she states she cannot remember.
Fleak confirms this IV bag had tubing connected to it.
Flanagan: IN THAT TUBING, THERE WAS A SYRINGE?
Fleak: HALFWAY DOWN THE TUBING, THERE WAS A CLAMP, A V-SHAPED CLAMP AND IN ONE OF THE HEADS OF THE CLAMP THERE WAS A SYRINGE. IT WAS NOT DIRECTLY IN THE TUBING.
Flanagan asks if that syringe contained residue. Fleak states the plunger was depressed but cannot recall exactly how far it was depressed. She states she cannot recall if there was residue or not.
Flanagan: NOW, WAS THERE MORE I.V. TUBING BELOW THAT V-PORT?
Fleak states "yes" but cannot recall if there was any liquid in it. She does confirm the IV tubing above the injection port or the V-port did have liquid in it. She states she noticed the liquid was clear. She states she cannot recall if the liquid was clear in the tubing below the injection port.
(Please not there is some interchanging of terminology by the attorney and witness above.)
Fleak confirms the IV bag was clear and did not have a milky appearance.
Flanagan: AND THIS IS THE ONE THING THAT WAS FOUND IN THE BEDROOM?
Fleak: IT WAS FOUND ON THE I.V. STAND.
Walgen objections on the basis the testimony was misstated. The Court sustains the objection.
Flanagan: YOU WENT BACK ON THE 29TH, ON THAT DAY, IS THIS THE ONLY THING YOU SEIZED FROM THE BEDROOM?
Fleak confirms this to be true.
Fleak states the last line of her notes states the item was covered in fingerprint residue meaning it had black dusting on it, signifying it had been fingerprinted. Fleak states she cannot recall if the syringe had the appearance of being printed. She states the tubing did not have the appearance of being tested. She confirms the only item she recalls being fingerprinted was the IV bag itself.
Flanagan: DO YOU HAVE A RECOLLECTION OF HOW FULL IT WAS, THE I.V. BAG?
Fleak: THREE-QUARTERS, HALF TO THREE-QUARTERS. IT APPEARED TO HAVE THREE-QUARTERS WHEN IT WAS HANGING.
A mid-afternoon break is taken. Flanagan resumes his cross-examination.
Flanagan: JUST BRIEFLY, BACK ON THE COSTCO BAG, EVERYTHING IN THAT BAG, OTHER THAN THE PULSE MONITOR, APPEARED TO HAVE BEEN USED AND PERHAPS WAS TRASH; IS THAT CORRECT?
Walgren attempts to object.
Fleak: NO, NOT EVERYTHING ELSE. THERE WAS THE VIAL, THE MEDICAL EVIDENCE, AND THERE WAS -- YOU MEAN, DO YOU WANT ME TO GO THROUGH ITEM BY ITEM?
Fleak and Flanagan exchange about the items being used or not.
Fleak: THERE WERE THE VIALS, THE MEDICATIONS.
Flanagan: BUT IT ALL APPEARED TO BE USED?
Fleak: IT (packaging) APPEARED CRUMPLED UP. I DON'T KNOW IF IT WAS USED OR NOT.
Fleak confirms the packaging was in the clear plastic bag She confirms she described the clear plastic bag as "medical garbage". She confirms again the bloody gauze was used. Fleak then confirms all of the vials found in the bag had been used, open with liquid in them. Flanagan again tries to confirm the contents of the Costco bag were trash but Walgren objects.
Fleak confirms the IV in the bedroom found hanging on the IV stand was in a particular corner (she uses a laser pointer).
Flanagan: WHY WASN'T THAT TAKEN ON THE 25TH?
Fleak: AT THE TIME I WAS NOT LOOKING FOR ANYTHING THAT WAS BEING ADMINISTERED INTRAVENOUSLY. I FOUND THE VIALS OF PROPOFOL AND FLUMAZENIL. IF ANYTHING, I THOUGHT THEY WERE INJECTABLES. I'M USED TO TYPICALLY LOOKING FOR PILLS, ANYTHING THAT INVOLVES MEDICATIONS, OR IN MY FORM OF WORK WE ENCOUNTER PILL BOTTLES A LOT. I WAS FOCUSED ON THAT. I DIDN'T KNOW WHAT PROPOFOL WAS AT THE TIME THAT I WAS THERE. I DIDN'T EXPECT -- I DIDN'T KNOW IT WAS ADMINISTERED INTRAVENOUSLY. I DIDN'T THINK TO COLLECT THE SALINE BAG. WHEN I LOOKED AT THE I.V. BAG, I THOUGHT IT WAS POSSIBLY FOR REHYDRATION. I DID NOT KNOW IT WAS USED TO ADMINISTER THE DRUGS THAT WERE THERE.
Flanagan tries to ask Fleak if she saw "a bunch of IV drugs there?". Walgren objects. Fleak responds she saw vials of medication while the Court overrules. Fleak is then asked about the syringe found on the table. She confirms she took the syringe found on the table. Fleak confirms this is the "broken" syringe, as in the in one without a needle attached.
Fleak: I DID REFER TO IT AS BROKEN. I SHOULD HAVE DESCRIBED IT AS SEPARATE. THE SYRINGE PLUNGER, PLASTIC APPARATUS, AND NEEDLE THAT WAS THERE ON THE GROUND.
Fleak states they syringe was not cracked or broken. There were no defects in the syringe. The needle was simply not attached to the syringe. She confirms as she is sitting in court during the present time she would not have described it as broken today. Fleak states she collected it because it was near the glass vials of medications.
Fleak confirms again the bottle of propofol on the floor in the bedroom was empty. Fleak states she cannot recall if she asked for the bottle of propofol or the syringe to be fingerprinted. Fleak states it is not her role to get things fingerprinted or to ask for things to be fingerprinted.
Flanagan: SO YOU JUST COLLECT AND PUT AWAY OR MAINTAIN CUSTODY. IS THAT YOUR ROLE?
Fleak: IN A COMPLETE DEATH INVESTIGATION, WE HAVE MANY MORE ROLES AND RESPONSIBILITIES THAN JUST COLLECTING THE EVIDENCE, KEEPING CUSTODY OF THE EVIDENCE, AND LOGGING IT.
Flanagan asks what else Fleak does as a coroner investigator.
Fleak: A CORONER INVESTIGATOR PERFORMS A SCENE INVESTIGATION, A BODY EXAM, NOTIFIES THE NEXT OF KIN OF THE DEATH, TAKES CONTROL OF THE DECEDENT'S PROPERTY, (and) WRITES A REPORT FOR THE MEDICAL PATHOLOGISTS.
Fleak is asked if on June 25th she noticed the IV pole with the hanging IV bag with the syringe connected to the tubing. She states she did. Flanagan then asks why she did not take the items into custody. Walgren objects and he objection is sustained.
Flanagan begins asking about juice bottles found on one of the tables in the bedroom. Fleak states they were Naked brand juice bottles and they were empty.
Flanagan: WAS THERE ANY RESIDUE IN ANY OF THEM?
Fleak: I DON'T REMEMBER. I DID NOT COLLECT THOSE JUICE BOTTLES, AND I DID NOT DOCUMENT WHAT WAS IN THEM.
Fleak confirms she left them at the scene.
Fleak is asked if the juice bottles would be in reach of someone lying on the bed. She states they were on the tables next to the bed but does not confirm or deny if they were within arm's length.
Flanagan: THE SYRINGE, WAS THAT WITHIN EASY REACH OF THE PERSON LAYING ON THAT BED?
Walgren objects and the objection is sustained. Fleak states the syringe was a couple feet from the bed, approximately the width of the podium in the courtroom. Fleak states the needle was about a foot from the bed--it was closer to the bed than the syringe. Fleak states she cannot recall if the empty propofol bottle was a foot or a couple feet from the bed. She confirms it was in "very close proximity".
Fleak states she did not take the Ambu-bag found into custody. Fleak states she did take the open box of disposable needles into custody, however.
Flanagan: HOW CLOSE WAS THAT TO THE BED?
Fleak: IT WAS ON THE TABLE AS WELL, A COUPLE FEET.
Flanagan: SO LIKE IF YOU WERE ON THE BED, COULD YOU REACH THEM?
Walgren objects and the Court sustains the question based on irrelevance. Flanagan tries to ask the same question again and the objection is sustained again.
Fleak states the empty bottle of flumazenil found on the floor beneath the tables. Fleak states that both the vials found on the floor (the one propofol vial and the one flumazenil vial) were empty--there was no visible liquid.
Fleak states she took seized items to the coroner's office and followed protocol as to what to do with the items. She agrees she inspected the labels on the vials. However, she did not inspect the vials for their contents to determine the portions left over.
Flanagan finishes his cross-examination.
Walgren declines to re-direct examine Fleak and she is excused.