Dr. Murray charged with manslaughter in the death of Michael Jackson

[Aslan]

Dr. Conrad Murray, the physician who allegedly gave Michael Jackson several doses of powerful painkillers and anesthetics just before his death, will likely be charged with involuntary manslaughter late this week or next week, sources told ABCNews.com.

Murray, a Houston-based cardiologist, arrived in Los Angeles last week and his lawyer Edward Chernoff plans to join him, said spokeswoman Miranda Sevcik.

"Dr. Murray is in Los Angeles for a dual purpose -- on family business and to be available for law enforcement," Sevcik told The Associated Press. "We're trying to be as cooperative as we can."

Prosecutors have not officially said when or if they plan to indict Murray, but sources said the doctor will likely be indicted soon through a criminal complaint rather than by a grand jury.

http://abcnews.go.com/Entertainment/...9730411&page=1

[Dakota Valkyrie]

Murray's trial has started.

Jurors in the involuntary manslaughter case against Michael Jackson's personal physician were presented with two portraits of the pop superstar during the first day of testimony — one of an entertainer motivated to succeed at his first concerts in nearly a dozen years and the other of a man too damaged at times to perform.

The panel that will determine Dr. Conrad Murray's fate also got a sense of Jackson's international stardom after one of the promoters testified that after the singer's 50 comeback shows planned for London sold out, there was still demand for 50 more.

Jackson would never return to the stage, dying unexpectedly in June 2009 at age 50. Prosecutors drove the point home early in opening statements Tuesday, showing jurors a picture of a lifeless Jackson laying on a hospital gurney.
[...]

Days before Jackson's "Earth Song" performance during a rehearsal at Staples Center, the superstar's health prompted friend and collaborator Kenny Ortega to question whether the singer needed serious help. He had just spent hours cradling the singer, trying to warm him from deep shivers that kept him from rehearsing.

"He was like a lost boy," Ortega wrote in an email to promoters five days before Jackson's death. "There may still be a chance he can rise to the occasion if we get him the help he needs."

The email drew a rebuke from Murray, who Ortega said told him not to try to play amateur doctor or psychologist. Five days later, the singer was dead.

Prosecutors allege Murray caused Jackson's death by providing him with a lethal dose of the anesthetic propofol and other sedatives without the proper lifesaving equipment or skills. In opening statements, Deputy District Attorney David Walgren said Murray delayed summoning emergency crews and lied to doctors and medics when he failed to reveal that he had been giving Jackson the medications to try to help the entertainer sleep.

One of the day's most stunning moments came when Walgren played a recording of a conversation between Jackson and Murray in which the singer detailed what he wanted out of the shows. Jackson's voice, though recognizable, was slow and slurred.

"We have to be phenomenal," Jackson is heard saying in the recording, which investigators gleaned from Murray's phone after the singer's death. "When people leave this show, when people leave my show, I want them to say, 'I've never seen nothing like this in my life. Go. Go. I've never seen nothing like this. Go. It's amazing. He's the greatest entertainer in the world.'"

Murray's lead defense attorney Ed Chernoff also noted Jackson's desire for success, but that the singer's ambition ultimately prompted him to give himself a fatal dose of medication.

He said Murray had been trying to wean Jackson off propofol, but that the entertainer kept requesting it on the day he died to help him sleep.

"Michael Jackson started begging," Chernoff said. "When Michael Jackson told Dr. Murray, 'I have to sleep. They will cancel my performance,' he meant it."

He told jurors that Jackson swallowed enough of the sedative lorazepam to put six people to sleep before ingesting propofol. The combination, which Chernoff called a "perfect storm" of medications, killed Jackson so quickly that he didn't even have chance to close his eyes.

Prosecutors reject Murray's version and told jurors the Houston-based cardiologist also had a tremendous stake in Jackson appearing in the concerts.

The doctor had initially asked to be paid $5 million a year for working with Jackson, but Gongaware said he immediately rejected the proposal. Instead Murray accepted an offer to become Jackson's doctor for $150,000 a month — a sum he was never paid because his contract hadn't been signed before Jackson's death.

Murray still has plenty to lose — if convicted he faces up to four years in prison and will have to relinquish his medical license.

http://www.cbsnews.com/stories/2011/...20112596.shtml

Sounding stoned-outta-his-gourd recording played in court:

[Bohring]

Ugh. I can't bring myself to listen to the recording.

[princessgrandma]

I heard it when it was played in court. A shame, a real shame that this what an absolutely phenominal star became in his finals years, weeks and day. So sad. I wouldn't listen if I had a choice.

[Dakota Valkyrie]

Conrad Murray was convicted Monday of involuntary manslaughter in the drug-overdose death of singer Michael Jackson after a jury deliberated for two days.

Superior Court Judge Michael Pastor handed the case to the seven-man, five-woman jury Thursday after closing arguments by prosecutor David Walgren and lead defense lawyer Ed Chernoff. Over nearly six weeks of testimony, jurors heard from 33 prosecution witnesses and 16 defense witnesses. More than 340 exhibits were available in the jury room as the panel mulled a verdict.

Jackson, 50, died on June 25, 2009, of an overdose of the surgical anesthetic propofol, aggravated by effects of the sedative lorazepam. Murray, 58, was charged with a single count of involuntary manslaughter.

http://www.usatoday.com/news/nation/...ict/51113244/1

Murray showed no emotion as the clerk read the verdict.

Throughout the six-week trial, prosecutors portrayed Murray, 58, as a reckless doctor who for $150,000 a month sold out the Hippocratic oath, and to treat Jackson's insomnia, gave the King of Pop a nightly drip of propofol, an unpredictable and potentially fatal anesthetic.

"It's bizarre behavior from anyone, let alone a doctor, this extreme criminal negligence," Los Angeles Deputy District Attorney David Walgren told jurors in his closing argument Nov. 3.

During the case, prosecutors attempted to show that Murray set the stage for tragedy by also failing to use proper monitoring equipment and devices to help Jackson breathe under heavy anesthesia. The doctor, they said, also repeatedly left Jackson's bedside to check e-mails and make phone calls, which Walgren characterized as "abandonment."

Defense attorneys showed that, before Jackson hired Murray as his personal doctor for his "This Is It" tour, he'd concluded that propofol was the only treatment for his insomnia. The attorneys and their medical expert, Dr. Paul White, suggested that Jackson injected extra propofol, and swallowed several tablets of the sedative lorazepam, during moments that morning when Murray's back was turned – causing Jackson to die so suddenly that Murray could not have saved him.

They also suggested that Murray was in the difficult position of safeguarding the health of a past-his-prime pop star who got routine demerol injections from his dermatologist and who was under extreme pressure to perform 50 sold-out concerts in London. When Jackson paid the ultimate price for his peculiar pharmaceutical predilections, Murray became the fall guy, they said.

"He was just a little fish in a big, dirty pond," defense attorney Ed Chernoff told the jury.

Conceding that Murray didn't do everything by the book in his treatment of Jackson, Chernoff said Murray nonetheless should be acquitted because the prosecution failed to prove that these shortcomings caused Jackson's death.

Walgren said that even if the jury believed that Jackson took the extra drugs behind Murray's back, Murray still was responsible for Jackson's death by leaving fatal drugs within reach of someone he believed had a drug addiction or obsession.

http://www.people.com/people/article...542776,00.html

Sentencing info to come...

[Dakota Valkyrie]

Dr. Conrad Murray's conviction for the involuntary manslaughter of Michael Jackson could result in a maximum of four years in prison, but it's possible that the doctor may not go to prison.

"It will be very difficult to achieve an appropriate sentence of incarceration for Conrad Murray," District Attorney Steve Cooley said Monday. Overcrowding in California's prisons and Murray's lack of a prior criminal record will most likely be major factors in his sentence.
[...]

A combination of factors will play into the sentence Murray is set to receive Nov. 29 from Judge Michael Pastor. After Monday's verdict Pastor denied a request by the doctor's lawyers to allow him to remain free until sentencing, stating that "public safety demands that he be remanded" to jail.

District Attorney Cooley also said that Murray's felony conviction would result in the automatic suspension of his medical license in California, and that he hopes other states will honor California's convictions.

The lightest sentence that Murray could receive is probation, since Murray is a defendant with no prior criminal record -- a factor that Judge Pastor will be taking into account.

However the high-profile nature of the case could also play a role in Pastor's decision, and if his attitude towards Murray's crime on Monday was any indication, he may not go lightly.

"This is not a crime involving a mistake of judgment," Pastor said. "This is a crime where the end result was the death of a human being. That factor demonstrates rather dramatically that the public should be protected."

Another major factor in Murray's sentence could be the recent California prison realignment bill AB 109, which has led to criminals receiving reduced or alternate sentences.

"I think that unfortunately because of AB 109 -- a completely potentially failed system that is now in place -- it will be very difficult to achieve an appropriate sentence," Cooley said Monday.

If Murray were to be jailed, AB 109 would most likely steer the doctor away from going to state prison. Instead he would serve whatever sentence he received in a Los Angeles county jail.

Another possibility is that Murray could serve his time at home under house arrest, a sentence that is handed out more often as a result of prison overcrowding.
[...]

Cooley said that trying the case, and the potential chilling effect the high-profile nature of the trial could have on negligent "Doctor Feelgoods" was well worth it.

"There was a homicide. Someone lost their life. Three children lost time with their father because of so much criminal negligence," Cooley said. "The effort was worth it just to make that point."

"It is a strong and powerful message that this sort of conduct does rise to the level of criminal negligence and to the extent that if somebody dies as a result of them playing Doctor Feelgood, they will be held accountable."

"Unfortunately prescribed medications is the number one cause of death in the United States of America this year, and in this particular town, Los Angeles, we've seen many examples of high profile people succumbing, giving up their lives because of their addiction to prescribed medications and they are often aided and abetted by unscrupulous corrupt doctors, so fair warning to them."

http://abcnews.go.com/US/conrad-murr...ry?id=14902442

[princessgrandma]

I don't know if it was for his own safety or b/c the judge is going to be hardass on him when sentencing comes around, but he was remanded into custody immediately, with no bail, until the sentencing on Nov. 29. After the crap that has happened over the years in trials involving famous people or those connected to them, this almost HAD to go the way it did. There is no way they could have just let him walk out the door.

Some will say that it doesn't matter if it were Michael Jackson, or Joe Blow down the street, but yeah, it matters. With all the shit that happened after the incubator in Florida got away with murder, this had to be a done deal from the get-go. Personally, though, I do feel he was negligent. If it hadn't been Michael Jackson, I don't know if all the doors that were opened to him would have been opened, but I'm sure it didn't hurt his situation to say that he worked for Michael Jackson.

Too bad he kinda screwed himself out of even his first paycheck in that deal.

[Dakota Valkyrie]

After the crap that has happened over the years in trials involving famous people or those connected to them, this almost HAD to go the way it did. There is no way they could have just let him walk out the door.
...
With all the shit that happened after the incubator in Florida got away with murder, this had to be a done deal from the get-go.

If Casey Anthony would have been charged with even the lesser crime of NEGLECT, there is little doubt she would have been found guilty. Not knowing where your kid is for 31 days qualifies as neglect under current Florida law and the penalty is 15 years. If the PROSECUTION hadn't been so hopped up on public sentiment/pressure, they would have probably waltzed her into jail in a heartbeat.

The following is just an op-ed piece by some lawyer but closely follows my own thoughts. It's nothing really new on the Anthony caseas expressed by many in the legal community but does give a good example.

Why Conrad Murray was convicted and Casey Anthony acquitted

Except for their notoriety, these two cases have little in common. But there is one commonality that explains why Conrad Murray is behind bars and Casey Anthony is a free woman.
[...]

These were two different trials and contained completely different allegations. They were heard before different judges and juries and the parties were represented by different lawyers. Yet the reason why one ended in unpopular acquittals while the other concluded with the defendant's conviction can be explained. The prosecutors in the Murray case conducted themselves with total professionalism and without being influenced over the fact that the victim was one of the most beloved celebrities of all time. It would have been easy for them to have charged Murray with more serious offences simply because the victim was Michael Jackson. But they didn't. On the other hand, the prosecutors in the Anthony case blew it.

Those prosecuting Anthony overcharged the defendant. She was charged with both first degree murder and manslaughter, both based upon a single incident; taking the life of Caylee. In both opening and closing arguments, prosecutors argued they were going to and did prove that Anthony intentionally killed her daughter. If that truly was their belief, why did they not just charge her with murder and not manslaughter? By proceeding on the charges they did, the prosecutors, led by Jeff (Laughing Man) Ashton, wanted the jury to find beyond a reasonable doubt that Anthony intentionally or unintentionally took the life of the toddler. No wonder the jury couldn't decide exactly what "Tot Mom" had actually done.

Prosecutors often over charge criminal defendants. One reason is to try and get the defendant to plead guilty to the least serious offence which is all they are guilty of in the first place. But with Jose Baez making a name for himself in the Anthony case that wasn't going to happen. It was a tactical mistake by the prosecution to have tried Anthony on anything more serious than manslaughter.

Despite the notoriety attached to Murray's case because who the victim was, the prosecutors looked at other more serious charges they could have brought and rejected them. Murray went to trial on one count of involuntary manslaughter which is the least serious homicide charge under the California Penal Code. Involuntary manslaughter includes doing a lawful act such as a doctor administering propofol that might cause death, in an unlawful manner or without due caution and circumspection. The proper standard was applied by Murray's prosecutors of only proceeding on a count if there was a likelihood of conviction. It is doubtful there will be any serious criticism of the jury that found Murray guilty.

There was absolutely no evidence (or even speculation) that Murray had the intention to kill Jackson. Murray was at most, negligent and Jackson's death accidental, making a case for involuntary manslaughter. And the lack of intent to kill is what Murray has in common in common with Anthony.

There was no evidence that Anthony intended to kill her daughter. Sure, she might have wanted her dead so she could party, but a person in the United States cannot be convicted of something they might have done or could have done. There was no evidence Anthony intentionally killed Caylee.
[...]

Caylee did not die of natural causes or kill herself. Had Anthony been charged only with manslaughter only the jury probably would have rejected the theory of the defense that Caylee was with George Anthony when she accidentally drowned, just like Murray's jury rejected the scenario that Jackson himself administered a fatal dose of drugs. Anthony probably would have been convicted of manslaughter.

Murray received a lot of media coverage because of who the victim was. But, unfortunately, Anthony was just one of several mothers who go on trial every year for killing their children. The reason Casey Anthony became a cause celebre was because the media, led by Nancy Grace and HLN, made it so. Had the prosecutors ignored the media they might very well have proceeded only on manslaughter and obtained a conviction.

Members of the Jackson family were pleased with the outcome even though Murray is only facing a maximum of four years in jail, Crowds of Jackson supporters outside the court house cheered when the verdict was announced. One of the dissenting voices was, not surprisingly, Nancy Grace.. She was quoted in Inside TV as saying,

I think the whole charging decision was wrong. He [Murray] should have been charged with murder with propofol as the deadly weapon and he should be doing life behind bars.

Had the prosecution listened to Grace, Conrad Murray would have likely walked as Casey Anthony did. But a conviction was obtained by professional prosecutors who did their jobs properly.

http://www.digitaljournal.com/article/314077

I am not happy that Anthony was acquitted but I don't blame the jury for doing their job... just as the jury in this case did.

[Dakota Valkyrie]

A judge's stern voice broke the silence of a Los Angeles courtroom: "Money for madness medicine," he said before sentencing Dr. Conrad Murray to the maximum four years behind bars for Michael Jackson's death.

"Absolutely no sense of fault, and is and remains dangerous" to the community, Judge Michael Pastor said as he delivered a nearly half-hour tongue lashing that denounced Murray as a greedy, remorseless physician whose gross negligence killed the King of Pop.

Pastor said Murray sold out his profession for a promised fee of $150,000 a month and accused Murray of committing a "horrific violation of trust" when he agreed to give Jackson a powerful anesthetic every night as an unorthodox cure for insomnia.

Murray will likely serve less than two years in county jail, not state prison, because of California's overcrowded prisons and jails. Sheriff's officials said he will be housed in a one-man cell and be kept away from other inmates.

The tall, imposing Murray, who has been in jail for three weeks, was allowed to change into street clothes — a charcoal gray suit and white shirt — for court. But he wore prison issue white socks and soft slippers.

Jackson's family said in a statement read in court that they were not seeking revenge but a stiff sentence for Murray that served as a warning to opportunistic doctors. Afterward, they said they were pleased with the judge's sentence.
[...]

After sentencing, Murray mouthed the words "I love you" to his mother and girlfriend in the courtroom. Murray's mother, Milta Rush, sat alone on a bench in the courthouse hallway.
[...]

Pastor was relentless in his bashing of Murray, saying the physician lied repeatedly and abandoned Jackson when he was at his most vulnerable — under the anesthesia that Murray administered in an unorthodox effort to induce sleep.

"It should be made very clear that experimental medicine is not going to be tolerated, and Mr. Jackson was an experiment," he said.

Propofol is supposed to be used in hospital settings and has never been approved for sleep treatments, yet Murray acknowledged giving it to Jackson then leaving the room on the day the singer died.

As for defense arguments that Jackson tempted his own fate when he demanded propofol, Pastor said, "Dr. Murray could have walked away and said no as countless others did. But Dr. Murray was intrigued with the prospect of this money-for-madness medicine."

Pastor said Murray was motivated by a desire for "money, fame and prestige" and cared more about himself than Jackson.

The doctor was deeply in debt when he agreed to serve as Jackson's personal physician for $150,000 a month during his comeback tour. The singer, however, died before Murray received any money.

"There are those who feel Dr. Murray is a saint and those who feel he is the devil," Pastor said. "He is neither. He is a human being who caused the death of another human being."

Defense attorney Ed Chernoff implored Pastor to look at Murray's life and give him credit for a career of good works. "I do wonder whether the court considers the book of a man's life, not just one chapter," Chernoff said.

The judge responded: "I accept Mr. Chernoff's invitation to read the whole book of Dr. Murray's life. But I also read the book of Michael Jackson's life, including the sad final chapter of Dr. Murray's treatment of Michael Jackson."

Chernoff suggested that Murray is being punished enough by the stigma of having caused Jackson's death. "Whether Dr. Murray is a barista or a greeter at Walmart, he is still the man that killed Michael Jackson," he said.

The judge said one of the most disturbing aspects of Murray's case was a slurred recording of Jackson recovered from the doctor's cell phone. His speech was barely intelligible and Murray would say later Jackson was under the influence of propofol.

Pastor suggested Murray might have been planning to use it to blackmail Jackson if there was a falling out between them. "That tape recording was Dr. Murray's insurance policy," Pastor said.

Defense attorneys never explained in court why he recorded Jackson six weeks before his death. In the recording, Jackson talked about the importance of making his shows on the comeback tour "phenomenal."
[...]

Murray declined to testify during his trial but did participate in a documentary in which he said he didn't consider himself guilty of any crime and blamed Jackson for entrapping him into administering the propofol doses.

"Yikes," the judge said. "Talk about blaming the victim!"
[...]

http://today.msnbc.msn.com/id/45473300#.TtV90PKwUnU