Dr. Conrad Murray listens as Dr. Alon Steinberg speaks from the witness stand during Murray's involuntary manslaughter trial, Wednesday, Oct. 12, 2011, in downtown Los Angeles. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (AP Photo/Robyn Beck, Pool)
Dr. Conrad Murray listens as Dr. Alon Steinberg speaks from the witness stand during Murray's involuntary manslaughter trial, Wednesday, Oct. 12, 2011, in downtown Los Angeles. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (AP Photo/Robyn Beck, Pool)
Dr. Alon Steinberg gestures on the witness stand during Conrad Murray's involuntary manslaughter trial, Wednesday, Oct. 12, 2011, in downtown Los Angeles. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (AP Photo/Robyn Beck, Pool)
Deputy District Attorney David Walgren addresses the court during Conrad Murray's involuntary manslaughter trial, Wednesday, Oct. 12, 2011, in downtown Los Angeles. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (AP Photo/Robyn Beck, Pool)
Dr. Christopher Rogers, deputy medical examiner at the Los Angeles Coroner's Office, gives his testimony during Conrad Murray's involuntary manslaughter trial, Tuesday, Oct. 11, 2011, in downtown Los Angeles. Murray has pleaded not guilty and faces four years in prison and the loss of his medical license if convicted of involuntary manslaughter in Michael Jackson's death. (AP Photo/Robyn Beck, Pool)
LOS ANGELES (AP) ? An attorney for the doctor charged in Michael Jackson's death surprised prosecutors and a judge Wednesday by dropping a key defense claim that the pop superstar swallowed a fatal dose of the anesthetic propofol while the physician wasn't looking.
Attorneys for Dr. Conrad Murray for months have suggested that Jackson could have swallowed a fatal dose of propofol, which is normally administered through an IV drip in hospital-settings. They told jurors in opening statements that they would present a theory that Jackson, who suffered from insomnia, swallowed several pills of the sedative lorazepam and somehow self-administered the dose of propofol ? killing him before he had a chance to close his eyes.
Attorney J. Michael Flanagan told the judge on Wednesday that he had commissioned a study about the effects of propofol if swallowed. He said the study confirmed that the effect of swallowing propofol would be "trivial."
"We are not going to assert at any point in this trial that Michael Jackson orally ingested propofol," Flanagan said.
It was unclear if the defense planned to argue if Jackson might have injected himself with the fatal dose.
Authorities say Murray gave Jackson a fatal dose of the surgical anesthetic in June 2009. Murray has pleaded not guilty to involuntary manslaughter.
Deputy District Attorney David Walgren and Superior Court Judge Michael Pastor appeared surprised by Wednesday's disclosure, which was not made in front of jurors.
"This is potentially devastating for the defense," said Manny Medrano, a former U.S. prosecutor. Since the defense suggested in opening statements that Jackson may have given himself propofol, "that will become the elephant in the room for jurors," he said.
He said he felt the late switch in direction shows "a lack of preparation and failure to really think the defense theory through."
Prosecutors are in the final stages of their case against Murray, with several expert witnesses set to testify about their impressions of his actions in the days and hours before Jackson's death and his efforts to revive him.
On Wednesday, Walgren called Dr. Alon Steinberg, a cardiologist who told jurors that Murray displayed gross negligence and repeatedly violated the standard of care. He said Murray lacked propofol monitoring or life-saving equipment when he was giving Jackson the anesthetic and other sedatives as a sleep aid. Steinberg said Murray should have never given Jackson the anesthetic outside a hospital setting and criticized his attempts to resuscitate Jackson.
Murray told police he left Jackson's bedroom for only two minutes before finding the singer unresponsive.
Steinberg said based on Murray's characterization, Jackson could have been saved if the proper equipment were present and proper life-saving techniques were employed.
Murray told police he gave Jackson only 25 milligrams of the drug, a very small dose that usually would have kept him asleep for no more than five minutes.
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AP Special Correspondent Linda Deutsch contributed to this report.
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McCartney can be reached at http://twitter.com/mccartneyAP
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