MJ'S NUTRITIONIST TELLS OF HIS DESIRE TO USE IV SEDATIVE IS NOT HEARSAY AND MAY BE USED AT TRIAL

(AEG/AP) Jackson's nurse - Cherilyn LeeCherilyn Lee, Michael Jackson's nutritionist, said Michael begged her to administer the IV sedative called Diprivan to help him sleep. She refused; however, he alllegedly called her just 4 days before his death complaining that half of his body felt really cold and the other half felt really hot. At that point, she believed someone else administed the drug to Michael. "I said, `Tell him he needs to go the hospital. I don't know what's going on, but he needs to go to the hospital ... right away. At that point, I knew that somebody had given him something that hit the central nervous system," she said, adding, "He was in trouble Sunday and he was crying out." Article here.

But the Jackson's attorney seems to think this information is hearsay. I disagree.

Londell McMillan, attorney for Katherine and Joe Jackson, talked about Lee's disclosures Tuesday on CNN.

"It's a hearsay comment. It would be inadmissible anywhere in a court of law," he said. "I also wonder why anyone would make a comment about something that they don't have much knowledge about. They didn't see the drug administered. It's again because of the Michael Jackson factor."

1) Michael Jackson's "present sense impression" made while he was perceiving the condition could be admissible: his statement about how his body felt, may be a "present sense impression" and thus, used in court against any doctor who may be tried in his death.

2) Michael's state of mind - that he was having problems sleeping and wanted the drug for that purpose can fall under a hearsay exception.

3) The nutritionist can testify to Michael's "intent, plan, motive, design, mental feeling, pain, bodily health" under the hearsay exception.  Again, Michael shared with her his intent to use the drug. He shared with her that he had problems sleeping and just wanted to get 8 hours of sleep.  This will fall under the hearsay exception.

3) Hearsay exceptions are admissible in court even if Michael, the "declarant", is unable to testify. 

4) She definitely won't be able to say she "knew" he was given the powerful sedative but she can give her opinion, based on her training and experience, as to what she thought was wrong with Michael at the time of his frantic call.

Much of what the nurse shared yesterday WILL come in at trial, assuming there is a trial, against any person who is accused of administering the sedative, or any other powerful drug, to Michael. 

www.xpunged.com and www.tamaraholder.com