Defense: Key Tactic In Michael Jackson Case Dumped In May

First Published: October 14, 2011 5:35 PM EDT Credit: Getty Images Caption Attorney John Michael Flanagan and Dr. Conrad Murray in court in LA on April 5, 2010LOS ANGELES, Calif. -- A defense lawyer has disclosed in court that he knew months before trial that a key theory that Michael Jackson drank the anesthetic propofol would have to be abandoned. Defense attorney J. Michael Flanagan made the statement in court Friday without the jury present in the case against Dr. Conrad Murray. The judge and prosecutors were surprised when they were told earlier this week about the change in tactics. The disclosure Friday came after prosecutor David Walgren complained that he is dealing with an ever-changing defense case. Flanagan declared that was not true. Superior Court Judge Michael Pastor said he had never been advised in advance that the oral ingestion theory would be dropped. Murray has pleaded not guilty to involuntary manslaughter in the death of the pop legend. Copyright 2011 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.