Lawyers for the doctor charged in Michael Jackson's death moved Tuesday to show jurors at the upcoming trial footage of a news conference in which the singer spoke of performing in only 10 shows during his "This Is It" concert run.
In a motion filed in Los Angeles Superior Court, Conrad Murray's attorneys said they want to show the audio-visual recording of Jackson's news conference to support testimony that he was not physically capable of doing the 50 shows to which he eventually agreed.
Jackson appeared at the 02 Arena in London on March 5, 2009, to announce his widely heralded tour.
"At the press conference, Mr. Jackson informs the crowd that these 10 shows will be his `final show performances' and that this was the `final curtain call," said the document filed by defense attorney Nareg Gourjian.
"Mr. Jackson reiterates to the crowd that, `When I say this is it, it really means this is it."
In little more than three months, Jackson was dead of an overdose of the anesthetic propofol. The rehearsals for his lavishly produced concert became the basis of a posthumous concert movie, "This Is It."
The motion said jurors would be able to see Jackson's mental and physical condition. The defense suggests the star was in frail health and was stressed out by the prospect of performing in 50 shows.
They said the recorded news conference will corroborate testimony from Jackson's makeup artist, Karen Faye, that Jackson was furious when he learned he would be doing 50 shows.
"Mr. Jackson told Ms. Faye, `It wasn't supposed to be this way. This is not what it was supposed to be. Why can't I choose?'" the motion said.
Lawyers for Murray have said the insomniac Jackson was contemplating calling off the tour if he could not get sleep. Murray told police he was giving Jackson the anesthetic propofol as a sleeping aid. Jackson died of an overdose of the drug June 25, 2009, at his rented Holmby Hills mansion.
Murray has pleaded not guilty to involuntary manslaughter. His trial begins Friday with jury selection.