The team working for Dr Conrad Murray charged with involuntary manslaughter of Michael Jackson may claim that Jackson killed himself.

Jackson had reportedly been injected with the surgical anesthetic Propofol as a painkiller by Murray just before he died in June 2009.

I do think it's clear the defense is operating under the theory that the victim, Michael Jackson, killed himself, Deputy District Attorney David Walgren told Reuters.

However, speaking to the media outside the court about the evidence relating to the case, Murray's lawyer J. Michael Flanagan said, I'm not going to respond to that characterisation. But apparently it is a consideration of Mr Walgren.

A preliminary hearing is scheduled to begin January 4 after which Superior Court Judge Michael Pastor will decide if there is sufficient evidence to hold Murray for trial.

There was some controversy about whether the defense team will be allowed access to evidence relating to drug administration. In the courtroom, a judge ruled that Murray's team will be allowed to test residue from an IV tube and syringes used to administer drugs to Jackson.

There are suggestions that Jackson injected himself with another dose of Propofol when the doctor went out of the room, which may have proved fatal. Flanagan, Murray’s lawyer, revealed that a broken syringe was found on the bedroom floor. He said a fingerprint found on the broken syringe hasn't been identified yet.