An attorney for Dr. Conrad Murray dropped the claim that Michael Jackson swallowed a fatal dose of the anesthetic propofol Wednesday, even when the claim had been key in the case.

Prosecutors appeared surprised by the disclosure from Murray attorney J. Michael Flanagan which wasn't made in front of jurors.

"We are not going to assert at any time during this trial that Michael Jackson orally administered propofol," Flanagan said.

In opening statements on September 27, the defense team said that Jackson took eight tablets of the sedative lorazepam and then self-administered a lethal dose of propofol while Dr. Murray was in the bathroom for 2 minutes.

However experts believe the defense will still argue that Michael Jackson self administered the fatal propofol overdose via an IV drip.

Murray has pleaded not guilty to involuntary manslaughter.

The claim drop also comes after strong testimony from a Medical Examiner this week.

On Tuesday medical examiner Dr. Christopher Rogers gave his testimony contradicting what defense lawyers have told jurors.

Rogers told jurors he didn't believe the defense's theory that it was Jackson who self-administered the fatal overdose of the anesthetic propofol while Murray was taking a 2-minute bathroom break.

Rogers said two minutes were not enough time for Jackson to wake up from the sedatives Murray administered to him, give himself the fatal dose and give time for the substance to take effect, according to trial reports.

"To me, that scenario seems less reasonable," Rogers testified.

Rogers, who performed the autopsy to Jackson's body, also said he did not observe any "white liquid substance" that resembled propofol in the mouth of Jackson, contradicting another theory of defense lawyers that Jackson drank the substance.