"The crux of the defense is going to be that Michael Jackson engaged in a desperate act and took desperate measures that caused his death," Chernoff told Superior Court Judge Michael Pastor. "We believe at the time Michael Jackson died he was a desperate man in relation to his financial affairs."
Michael Jackson Doctor Trial Jury Selection Begins
Deputy District Attorney David Walgren accused the defense of trying to distract from the main issue of the trial - whether Murray acted with gross negligence when he gave Jackson the anesthetic propofol and other sedatives on the day he died..
"This is an irrelevant sideshow designed to take issues away from the jury and smear Michael Jackson," Walgren said. "It has nothing to do with the case on which Dr. Murray is being prosecuted. "
Attorney Howard Weitzman, representing the late singer's estate, also opposed the request for financial records.
"Is the theory that Michael Jackson committed suicide, took his own life?" he said incredulously. "I don't think that's a salable theory.
The judge refused to grant the request.
"I'm not going to turn an involuntary manslaughter trial into some kind of an escapade in analysis of the finances in Michael Jackson's entire life," Pastor said. "Right now this is major deep sea fishing."
Michael Jackson's 'Hollywood' Video Debuts, Fans to Star in 'Behind the Mask'
However, Pastor did order Weitzman to confer with defense counsel on financial records that are already available in the public record.
The reference to Jackson's finances added a new twist to the defense case.
During an earlier preliminary hearing, Murray's lawyers suggested that Jackson, who was desperate for sleep, gave himself an additional dose of propofol while Murray was in a restroom. A coroner's report showed the singer died of an overdose of propofol and an assortment of other sedatives.
Defense lawyers never used the word suicide and implied his death was accidental but self-inflicted. They seemed poised to argue that Jackson was about to embark on an extremely strenuous concert tour because it was the only way to save himself financially.
They are likely to suggest that was why Jackson was so desperate for sleep as he was preparing for the tour. At a preliminary hearing for Murray. Jackson was quoted by a witness as saying if he didn't sleep he would have to cancel the tour.
Lawyers were ordered to return Thursday to continue screening prospective jurors through written questionnaires. Jury selection is scheduled to move into open court on May 4 and opening statements are expected on May 9.
© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.