Defense attorney Michael Flanagan made the statement in court Friday without the jury present.
Wednesday, the defense team dropped the claim that Jackson ingested propofol orally, to the surprise of the judge and prosecutors.
Lawyers had said in opening statements that the pop star gave himself the fatal dose of the powerful anesthetic, but after reviewing a study about the effects of propofol if swallowed, the defense decided to drop that claim. The defense still contends that Jackson somehow self administered the sedative propofol.
The disclosure Friday came after prosecutor David Walgren complained that he is dealing with an ever-changing defense case. Flanagan, however, declared that was not true.
Pastor said he had never been advised in advance that the oral ingestion theory would be dropped.
Also Friday, the judge ruled on several pieces of evidence to be received into court as requested by both sides.
In addition, defense attorney Nareg Gourjian told the judge that the defense will likely call 15 witness to the stand including police officers, experts and character witnesses.
Murray faces charges of involuntary manslaughter in connection to Jackson's death. He could face up to four years in prison as well as lose his medical license.
Meantime, the prosecution called two experts to the stand Thursday to testify against Murray.
Dr. Nader Kamangar, a UCLA sleep expert, described Murray's use of a cocktail of drugs on Jackson as "unethical, disturbing and beyond comprehension."
Kamangar also noted that Murray was unable to produce any written records of his treatment of Jackson. The witness was very critical of Murray not calling 911 when he realized Jackson wasn't breathing.
Dr. Steven Shafer, a leading expert on propofol, also took the stand, but court recessed soon after because he had a scheduling conflict.
Schafer is expected to be the prosecution's final witness.
The trial resumes Monday.
View photos from the involuntary manslaughter trial of Conrad Murray.
