Prosecution witness Dr. Stephen Shafer testifies during Dr. Conrad Murray's trial in the death of pop star Michael Jackson in Los Angeles
Prosecution witness Dr. Stephen Shafer testifies during Dr. Conrad Murray's trial in the death of pop star Michael Jackson in Los Angeles November 1, 2011. Reuters

Michael Jackson's doctor Conrad Murray told the judge on Tuesday, Nov. 1, that he will not testify in his trial. Murray held his hands over his mouth before the judge asked him to speak?

“Have you made up your mind?” Superior Court Judge Michael Pastor asked Murray, reminding him he had an absolute, individual, constitutional right to testify in this case.

Murray paused ,and finally spoke My decision is I will not testify in this matter. Pastor stated that he respects and will follow Murray's explicit decision not to testify.

The judge had asked Murray whether he would like to take the stand and gave him time to respond due Tuesday.

Dr. Paul White, who said it was likely that Jackson quickly injected the overdose propofol himself while the doctor was out of the room, dug himself in deeper trouble on Tuesday.

The prosecutor showed a graph that if Michael Jackson gave him 600 milligrams propofol, he would had six times with 100 milligrams each, while it would take 120 minutes to finish. When the prosecutor questioned White whether it is conceivable, he answered one time may be conceivable, but six times over that period of time two hours is inconceivable, yes.

The expert has made the defendant look guilty more than once.

He acknowledged Murray has broken rules administering propofol use under cross-examination from prosecutor David Walgren.

Thus far both the 33 prosecution witnesses and 16 defense witnesses rested their cases in the involuntary murder trial of Murray.

The prosecutors have accused Murray of administering a fatal dose of the anesthetic propofol as a sleep aid to treat Jackson’s chronic insomnia. He may face four years behind bars and loss of his medical license if convicted.

The jury was dismissed on Tuesday and will attend on Thursday morning to hear closing arguments from both sides.