People vs. Conrad Murray - Sentencing

Sentencing hearing

After serving 24 days in prison since his conviction, today was the day Conrad Murray was to discover what his sentence would be.

Before presenting their statements both the defence and the prosecution highlighted issues to the judge.

Firstly the defence asked Judge Pastor to not allow any cameras in the hearing today. They stated this was to protect Conrad Murray’s privacy. Judge Pastor pointed out that seeing as Conrad Murray participated in a documentary about the trial he doesn’t seem that worried about privacy.

The prosecution then wanted to highlight two case laws to the judge about making involuntary manslaughter a serious felony. This is because on the 1^st October, during the trial, a new law was passed in California in regards to overcrowding in prisons. This law, called the Realignment Statute, states that unless involuntary manslaughter is treated as a serious felony then Conrad Murray would be sent to county jail instead of state prison. Judge Pastor stated he did not believe the cases the People presented had any impact the Realignment Statute. Therefore if Conrad Murray receives a prison sentence this would be served in a county jail.

Jackson family statement

Brian Panish, a Jackson family representative, then read a statement on behalf of Michael Jackson’s family. It read there is “no way to adequately describe the loss of a beloved father, son, brother and friend”. Michael Jackson’s children stated ‘we will grow up “without a father, our best friend, our playmate and friend”’. The family hope that this will be a reminder to physicians that they cannot sell their services to the highest bidder. They stated that the Bible states that “man cannot do justice. Man can only seek justice”. Justice is what they seek.

The People

David Walgren then addressed Judge Pastor with the People’s statement. Walgren stated that in April 2009 Conrad Murray ordered large quantities of drugs, including Propofol. For two months Conrad Murray administered Propofol every night to Michael Jackson before he killed him. On the 25^th June 2009 Michael Jackson was left alone and abandoned by the person to whom he entrusted his life: Dr Murray.

It is not just the actions that lead to Jackson dying that need to be considered, it is Murray’s actions afterwards. Murray cleaned up the scene, he lied to paramedics and ER doctors and he didn’t tell the truth in his police statement.

Conrad Murray looked out for himself and not Michael Jackson. Conrad Murray looked out for himself and not the family of Michael Jackson. This continued past Michael Jackson’s death at UCLA hospital. Conrad Murray then lied to Mrs Jackson about not knowing what had happened to her son.

Walgren stated the defence want a probation sentence. Walgren askes there be a denial of this. After the verdict was read Your Honour stated that this is a crime that involves homicide. This needs to be taken into account when sentencing.

Another factor that needs to be considered is the vulnerability of victim. Michael Jackson was vulnerable. This vulnerability was created by Conrad Murray. Michael Jackson expected Conrad Murray to be at his side monitoring him. Michael Jackson had put his life in hands of Conrad Murray. Michael Jackson was not just vulnerable at the moment he was under the influence of the drugs. The vulnerability was exacerbated over the two months that Murray treated him. Jackson was most vulnerable when Conrad Murray left him alone to die. Conrad Murray was conducting a pharmaceutical experiment on Michael Jackson.

Infliction of physical injury is another consideration. Propofol was in the home due to Conrad Murray. The lack of monitoring and lifesaving equipment was due to Conrad Murray. The abandonment of Michael Jackson was directly due to Conrad Murray.

The planning and sophistication of the act is another factor. Although Jackson’s death was not deliberate there is gross negligence in the planning. Conrad Murray had kept medical records before for Jackson but when it came to the two months of Propofol treatments Murray didn’t keep any records because he knew what he doing was wrong and could risk the life of Michael Jackson.

Walgren asked Judge Pastor to consider trust. During the trial we had heard about the special relationship between a doctor and a patient based on trust. This relationship was corrupted by Conrad Murray. This was destroyed by Conrad Murray. Michael Jackson trusted he would be cared for and monitored by Conrad Murray so he could wake to see another day and be with

his children for another day.

The People argue strongly against probation. Prison is warranted. The People ask Conrad Murray be sentenced to 4 years in state prison.

Walgren went on to say the defendant was playing Russian roulette with Michael Jackson’s life every single night. It is needed to look at all the evidence leading up to the crime. Murray ordered shipments of Propofol as soon as he got the job. Murray stated he only discovered that Jackson was addicted to Propofol after he started. These large shipments prove contrary.

Walgren then highlighted once more Conrad Murray's behaviour after he had discovered Jackson not breathing. He didn't react like any other doctor would,  he didn't call for help. There was a 20 minute delay and then Murray told lies thereafter. It was not until two days after Jackson had died that Dr Murray ever mentioned Propofol.

Walgren told the court that the threat of great bodily harm was clear from the evidence. Murray repeatedly administered Propofol without appropriate equipment. Instead of being focused on Michael Jackson, Conrad Murray was focused on social calls. Michael Jackson was abandoned by Conrad Murray. Whilst Jackson was under the influence of Propofol Murray thought it was appropriate to phone his girlfriend.

Restitution

The People then requested monetary amounts to cover the costs for the burial and funeral of Michael Jackson. Remuneration is also sought for the loss of earnings. This is an enormous sum because it was Michael Jackson and a huge comeback tour. Michael Jackson would have earned $100,000,000 from the ‘This Is It’ residency and this money would have benefitted his children.

The People are under no illusion that Conrad Murray can pay this but the family are entitled to this restitution. This is a conservative amount. The sum is based purely on a 10 month, 50 date show.  Jackson may have gone on to do more tours and other such things.

The documentary

Walgren then asks Judge Pastor to take into account how Conrad Murray acted after the crime.

The judge needs to consider lack of remorse and responsibility from Conrad Murray. Walgren asks Judge Pastor not to look at the words the defence use but instead look at Conrad Murray’s words from the documentary. 9 days before verdict was read Conrad Murray was asked if he bears any guilty or responsibility. Conrad Murray said ‘I don’t feel guilty because I did not do anything wrong’. Conrad Murray chose not to testify but he chose to make this statement.

Weeks into the trial and years into the case Conrad Murray believes he is not guilty. This deserves a prison sentence.

Mrs Jackson’s statement

Walgren then referred to a statement by Mrs Jackson, Michael’s mother. In her statement she says all the family feel angry and betrayed by Conrad Murray. All the family think about Michael daily. Every morning he is the first thing she thinks about.

Michael Jackson was his children’s world and their world collapsed when he left. When at the hospital after Michael was pronounced dead Paris, Michael’s daughter,  was crying and stated ”I want to go with you” (referring to her father).

Mrs Jackson is angry that on the first anniversary of Michael’s death Conrad Murray got a camera crew to accompany him to Michael’s grave to show himself in a favourable light to the public.

Conrad Murray failed Michael Jackson and her family. Mrs Jackson wants him to receive the maximum sentence.

The People then concluded their statement.

Realignment statute

Judge Pastor then stated that the People have asked for 4 years in state prison. The judge then asked if under the new law they can send Murray to prison. Walgren says Murray would not be held in a state prison but in a county prison or however the court decides.

Judge Pastor then told the People that the court has no discretion in this sentence.

Judge Pastor then asked the People for itemisation of the funeral costs. The People did not have this information at this time.

Defence’s statement

The defence were then able to present their statement. Judge Pastor reminded the defence that Conrad Murray had the right to speak. Chernoff stated he spoke to Conrad Murray for two hours the day before and Conrad Murray did not wish to speak.

The defence stated they would be brief. They had given a detailed report and lots of personal statements to the judge prior for him to read.

Chernoff started by saying he believes the loss of Michael Jackson deserves a punishment. No one is denying that Conrad Murray shouldn’t have done what he did.

Chernoff stated when discussing vulnerability we need to remember that Michael Jackson was a drug seeker. He sought drugs from Conrad Murray, who was wrong to give them to him. He also sought it out from other doctors. He was a powerful, famous, wealthy individual. He had many security personnel and advisors. But he may have still been vulnerable.

Chernoff stated that the defence assume the judge wants to give a jail sentence, going from what the judge said when discussing probation after the verdict. Chernoff highlighted that Conrad Murray now resides in 5 foot by 8 foot cell and is shackled everywhere he goes. Conrad Murray is not a danger to the community. In the 56 years before working with Jackson, Conrad Murray never committed a crime. Instead he raised a family. Chernoff states he understands the tragedy of Michael Jackson’s kids, but what about Conrad Murray’s kids?

But to what extent does the court look at a book of someone’s life rather than a chapter?  Chernoff then told the court Murray life story. He grew up in a poor family in Grenada. He never knew his father. His community did not have electricity until he was 10 years old. But against all the odds he came to America to study. He put himself through medical school

Conrad Murray’s life was as a doctor but that is all gone now. It is his fault but it is a punishment. No matter what he does he is now forever known as the man who killed Michael Jackson.

What about Conrad Murray’s life before the 2 months he worked with Jackson? During the trial you heard from five of Dr Murray’s patients. He helped poor people. He took medicine to the Caribbean. This should all matter and be taken into account when sentencing.

Putting Conrad Murray in prison is a measure of vengeance but when this has faded he is someone else’s problem. On probation he can do things for the community that he can’t do in prison. Probation is best for the community.

Chernoff then concluded his statement.

Restitution

Judge Pastor then asked the defence about the restitution. Chernoff told Judge Pastor that the figure is so high he doesn’t know what to say. Even if Conrad Murray finds work after he has served his sentence he will never be able to pay $100,000,000.

Chernoff also stated the defence need to see receipts to know about amounts.

Judge Pastor

Judge Pastor then addressed the court. He stated the most difficult thing about being a judge is giving a just sentence. It is more difficult when it comes down to the judge’s digression. This is a significant responsibility.

Neither party says Conrad Murray acted intentionally. So the court has to use sense of fairness, decency and experience to give an appropriate sentence. Some people think Conrad Murray is a saint. Some people think he is the devil. He is neither. He is a human being. He is convicted of the death of another human being. He was convicted of criminal negligence. The court needs to take this into account. 12 jurors unanimously voted Conrad Murray was guilty. Some people may feel this was medical malpractice. But in fact this was a homicide case.

Criminal negligence involves more than ordinary carelessness or a mistake in judgement. A person acts with criminal negligence when they perform in a reckless way which creates a high risk of death or injury. A reasonable person would know this would create a risk.

A person acts with criminal negligence when the way they act is so different to the way an ordinary, careful person would act in that situation that their actions leads to a result of indifference to human life or the consequences of the act.

It is important not be to caviller and state that if it wasn’t Conrad Murray doing this then someone else would. Judge Pastor disassociates himself from those types of statements. This is not a question about what might have happened or what if someone else was involved. This was an insult to the medical profession. Michael Jackson died because of the actions of, and failures to perform legal duties of, Conrad Murray.

Judge Pastor accepted Chernoff’s invitation to read the book he gave about Conrad Murray and Judge Pastor had read it. He was impressed by the submissions from family, friends and associates. He had also read the book of Michael Jackson’s life. Regrettably the most significant chapter for Conrad Murray is his treatment, or lack of, of Michael Jackson.

This wasn’t a one off occurrence. This was a totality of circumstances that are attributed to Conrad Murray. This was not a mistake or an accident but because of a series of decisions Conrad Murray made that jeopardised his patient and violated his obligations to his patient. Those violations overcome the treatment of other patients.

Conrad Murray created a set of circumstances and became involved in a cycle of horrible medicine. The practise of “money for medicine madness” violated Murray’s sworn obligation for money, fame and prestige. It is important to not look to one isolated incident in terms of misdeeds or deeds of Conrad Murray. In this case Murray engaged in a recurring pattern of deceit, lies and regrettably that pattern was to assist Conrad Murray.

It is almost inconceivable that Conrad Murray would have persisted in this pattern over an extensive period of time. His lies and deceit were heard over the six weeks of testimonies. He lied from the inception of ordering Propofol in staggering quantities. He lied to the pharmacy. He lied and deceived those associated with MJ: his members of staff and production team, AEG. He continued lying to Jackson’s security personnel and staff at a critical point in time. He told unconscionable lies to health care providers, life savers - paramedics and ER doctors. This was not designed to help the patient. This was designed to give Conrad Murray a way out. Murray also tried to subvert the process by trying to destroy evidence. He deceived and lied to law enforcement in his police interview.

If you look to involuntary manslaughter in a vacuum you can think it is something that went wrong and is tragic. It is important not to have a gut reaction to what happened and look at the totality of the case. This was a failure of character of Conrad Murray to serve his patient. When you look at this you can’t help but be offended by the circumstances in this case.

Audio recording

Of everything Judge Pastor heard and saw in trial one aspect stood out; the surreptitious recording of Michael Jackson by his trusted doctor. Judge Pastor has asked himself why did this happen and for what reason? You could try to surmise there might have been some justifiable reason, a benefit to Jackson. This would be an unreasonable conclusion. Judge Pastor stated that recording was Conrad Murray’s insurance policy. He deliberately recorded his patient at his most vulnerable point. We can’t imagine this happening to any of us because it is a violation of trust.

Judge Pastor wonders that if there were to be a conflict between Michael Jackson and Conrad Murray at a later point in time what value would be placed on that tape recording if the choice were to release the recording to a media outlet to use against Jackson?

Regrettably that failure of character was compounded by later actions by Conrad Murray, each of which was a betrayal of trust and a violation of the doctor / patient relationship. These actions undermine the role that health care personnel perform. We revere doctors and we should. Dr Murray may have been a good doctor but at some point things went wrong for Conrad Murray. When he had an opportunity to decline this treatment he didn’t get out. He got deeper and deeper in and betrayed his oath.

Judge Pastor looked at the totality of Conrad Murray’s life but was disturbed by the chapter he had been discussing. He is disturbed when Conrad Murray says he doesn’t feel guilty. Chernoff acknowledges there is fault in Murray’s actions, but you are not hearing this from Conrad Murray. You didn’t hear this when he talked to paramedics, or the police or in the documentary. In fact Conrad Murray says he was betrayed and entrapped by Michael Jackson. Judge Pastor stated “yikes! Talk about blaming the victim!”

Pastor continued by saying Conrad Murray showed no indication of any involvement in this case. He says he was a bystander and was put in this situation by everyone else’s actions.  These factors cause Judge Pastor tremendous concern. If there is recognition of responsibility and remorse you may consider probation. But why give probation to someone who is offended at why they are even before the court. There cannot be probation if there is no hope of rehabilitation.

Judge Pastor told the court that he had looked for efforts to see if Dr Murray was suitable for probation as he is eligible for probation. Judge Pastor couldn’t find any. The court declines probation in this case.

Judge Pastor acknowledged that Conrad Murray had provided services to the community and helped many people. But he also violated the trust of Michael Jackson on a nightly basis. Michael Jackson as a patient was vulnerable because Conrad Murray put him a situation where Conrad Murray was responsible for Michael’s life.

Conrad Murray obtained Propofol through insidious means. He lied to the pharmacist. He didn’t keep medical records. He allowed his personal life to interfere with his professional responsibilities. He lied to AEG, Kenny Ortega and the insurance carrier. He engaged in a personal matter when he should be paying attention to his patient.

An objective view is that Dr Murray abandoned his patient. This was not a one off occurrence. This was an egregious violation of standard of care. He is a disgrace to the profession. We are not talking about a mistake. His actions were a gross continuing deviation. For those factors the court determines Conrad Murray is not going to have probation

Sentencing

Judge Pastor continued by saying the court has many options of what the sentence could be. This court does not have the authority to send him to state prison. Judge Pastor will follow the law in that regard. The Realignment Act states certain sentences, although felonies do not need to be completed in a state prison.

Judge Pastor stated he can give Conrad Murray a sentence of 2, 3, or 4 years for the charge of involuntary manslaughter. The court has determined a sentence of 4 years imprisonment. Conrad Murray showed negligence to his patient, he repeatedly lied, he tried to cover up his actions, he violated the trust of his patient and the medical community and he has no sense of remorse. He is and remains dangerous.

Judge Pastor cannot decide what happens to Dr Murray’s medical licence but he would like it to be known that he believes Conrad Murray is a danger to the community.

Judge Pastor then told the court there is a fundamental aspect of this punishment. It should be made clear that experimental medicine will not be tolerated. Michael Jackson was an experiment. Although he agreed to it, it makes no difference. Conrad Murray should have walked away as others did. Conrad Murray was intrigued by it and went for “money for medicine madness” which is not tolerated by Judge Pastor.

Technicalities

Judge Pastor then went on to discuss some technicalities. Due to Realignment act Conrad Murray will serve his 4 year sentence in an LA county jail. Murray is to pay an $800 restitution fine, a $30 court security fee and $40 for criminal conviction assessment. Conrad Murray has to give blood, saliva, finger and palm prints for DNA data bank. If he refuses this it is a criminal act and he will be taken to court.

                    

Restitution

Judge Pastor then addressed the People and the defence over the restitution. Pastor stated he is concerned about the restitution in this case. Not often do you get such a large amount, especially as it is based on a three line statement in an email.

Conrad Murray will have to pay Michael Jackson’s children and family plus his funeral costs. As there is not enough information at the current time a later restitution hearing will be arranged. Judge Pastor needs a lot more details before he can comment on the amount of restitution to be paid.

This matter needs to be addressed within 120 days. Judge Pastor asked if the People or the defence have a date they would like to set. The People ask for mid January. The defence then stated they would like the matter resolved as quickly as possible. Judge Pastor stated if that was the case they could just agree on paying the $100.1 million now. The defence stated they would like the hearing in two weeks time. Judge Pastor stated this is not realistic. Judge Pastor set a restitution hearing date for 23^rd January 2012.

Conrad Murray has declined to attend this.

Appeal

Judge Pastor then noted that Dr Murray has already served 23 days in custody and also has 23 days of good behaviour. This means that Conrad Murray has 46 days worth of credits to be taken off of his 4 year sentence.

Judge Pastor then informed Murray that he has the right to appeal. If he wishes to do so he must start the process within 60 days of this date.

Conrad Murray was then taken back into police custody. As he left the courtroom he blow kisses to his family.

Summery

After being convicted of involuntary manslaughter the final chapter in this case was the sentencing. I feel from what Judge Pastor had said in his comments when denying Conrad Murray probation after the verdict was published that it was obvious Judge Pastor was going to go for the maximum 4 year sentence.

Although many people feel that this is not a long enough sentence it must be remembered that for Murray his life will be very different once he leaves prison. Although Judge Pastor has no say over whether Murray gets to keep his licence he wanted it to be known that he believes Murray to be a danger to society.

Even Murray own lawyer, Ed Chernoff, stated today that once Murray completes his sentence he may go to find work maybe as a barista in a coffee shop. It seems even Murray’s own legal team do not have much hope for his future.

But most significantly, and most damaging, is that forever Conrad Murray will always be known as the man who killed Michael Jackson.

Realignment Statute

There was a lot of talk about the Realignment Statute in the sentencing hearing. This was because this act directly impacts on Conrad Murray’s sentence.

The Realignment Act was introduced into law in the state of California on October 1^st, during the trial. This act states that any non-serious felony sentences are served in a county jail rather than a state prison to reduce overcrowding. The irony is county jails are also overcrowded. This means that Murray sentence has instantly been reduced to 2 years by the LA county sheriff.

There had also been speculation that Murray would spend most of his sentence on house arrest (on electronic tag) as a further measure to reduce overcrowding. The LA county sheriff has stated that currently Conrad Murray is not eligible for this.

Too light a sentence?

There has been a lot of discussion over whether four year is a long enough sentence for the crime that Conrad Murray committed. In fact even Judge Pastor seemed to imply that this was too lenient a sentence for what Murray had done.

I think this is a very difficult and ambiguous topic as this crime is unlike any other, and therefore does not really sit in any current category of charge specifically.

When breaking down an involuntary manslaughter charge there is no need to prove that the defendant was directly responsibly for the death of the victim, only that their actions, or lack thereof, would lead to a foreseeable or probably cause of serious injury or death. The very act of administering Propofol in a home environment without proper equipment to me is enough to be found guilty of involuntary manslaughter. By all intents and purposes it does seem that mostly accidental incidents are ones that fit this charge.

So to me if Murray had instantly called 911 and got help and even if Jackson still had not lived (although during the trial numerous medical experts claimed that if Murray had acted instantly Jackson would be alive today) just the act of anesthetising someone in their home would be reason enough to charge Murray with involuntary manslaughter.

What concerns me are the actions that Murray took after he found Jackson not breathing. By delaying getting medical assistance, trying to cover up evidence, to lie to lifesavers, to not tell the truth in his police interview (we know this to be the case as Murray’s account in the documentary he took part in opposes the story that he told police), these actions take the charge to a degree higher than involuntary manslaughter.

Judge Pastor also pointed out in the hearing that Murray had been trying to cover his tracks even before Michael had died. Murray had lied to the pharmacist and deliberately not kept any medical records about these treatments as he knew he was in the wrong.

But the actual actions that caused Jackson to die were not premeditated and I do believe that it was an accident (even though it was reckless and dangerous) so therefore a murder charge is not appropriate.

I believe it really is a unique case and because of this there is no real charge that gives a just sentence for Michael Jackson, or for Conrad Murray.

Accountability

In my first blog I wrote that it was my belief that people’s opinion of the trial would be influenced by whether they believed that a doctors must abide by the Hippocratic oath and medical ethics no matter what, or if whether a patient knows the risks and still asks for a treatment then they take on the accountability if anything were to go wrong. It was interesting to me that this turned out to be the crux of both legal teams’ arguments. I am happy to see that the jury and Judge Pastor both came down on the side of ethics and morality.

What I find interesting is that all of this happened due to Conrad Murray. Obviously he was in the wrong, and accountable, for ever administering Propofol in a home without monitoring or life saving equipment. But there was not enough evidence to prove Murray was in the wrong. It was Murray himself who then lay the fault in his own hands. Two days after Michael had died Conrad Murray asked to speak to police to give his account of that night. The prosecution had previously said that without this interview Conrad Murray would not have been on trial.

And Murray yet again had himself to blame when it came to his sentence. Judge Pastor directly stated that what Murray had said in the documentary he took part in surrounding the trial was a significant factor in him receiving the maximum sentence. In the documentary Murray stated ‘‘I don’t feel guilty because I did not do anything wrong’. Judge Pastor believes that if someone has no remorse and no acceptance of wrongdoing then there is no hope for rehabilitation. Therefore Murray must serve the maximum sentence.

At every stage, from when Murray first started working for Michael Jackson until to sentencing, Murray had continually tried to look out only for himself and in doing so did nothing but make himself more accountable. The saying ‘if you give them enough rope they will hang themselves’ springs to mind.

Medical ethics

Something that has always sat uncomfortably with me was the profit over people approach to medicine in the US. It is incomprehensible to me that in the developed world people with money can hire doctors as essentially legalised drug dealers, whilst on the other hand people die because they cannot afford basic medical care. This is such a backwards system and to me is totally against everything medicine stands for.

We must remember that the reason this came to court was because the victim was Michael Jackson, but we must not forget that it is a milestone in law that a doctor be held accountable for these sorts of actions. Michael Jackson was not the first, and certainly won’t be the last, celebrity to have been prescribed unnecessary drugs by a doctor. And lest we forget that the celebrity world will be a microcosm of the real world. How many other wealthy people are being exploited and enabled by doctors for a fee?

I was very glad that Judge Pastor directly addressed what he called the “money for medicine madness” and firmly stated that in his court this sort of conduct would never be tolerated.

Hopefully some good will come out of such a high profile case as this and will make corrupt doctors realise that they can be held accountable if they decide to take part in this unsightly practice.

All in all this is a very tragic tale of a desperately sad man that was exploited by all, but most unexpectedly by a trusted doctor.


Sophie Dewing

http://exploredreamdiscoverblog.blogspot.com/

The People vs. Conrad Murray - Verdict

The verdict

After 6 weeks, 49 witnesses, over 300 exhibits and 9 hours of deliberation the jury finally reached their verdict.

Juror number 3 passed the envelope with the verdict to the judge who read it, acknowledged an amendment and then passed it to be read and published by the court clerk.

The jury unanimously voted a verdict of GUILTY.

Conrad Murray’s face remained emotionless, much like we have seen throughout the trial. The only person to express emotion was Ed Chernoff, who hung his head and looked defeated.

As the verdict was read out someone in the court room shouted ‘yes!’ and cheers from the crowd outside the court could be heard.

Judge Pastor then thanked the jury for their service and read them their rights now that they are no longer under court rule. He also asked to meet them in the juror’s room to personally thank them for their “sacrifice”.

He then told them they must wait 90 days before they can agree to give any details about the trial in exchange for money.

Further proceedings

Judge Pastor then told the defence that sentencing must commence on, or before, the 8^th December 2011. Ed Chernoff then requested a date – 29^th November 2011. The prosecution agreed with this date.

Conrad Murray will now be sentenced at 8.30AM on Tuesday 29^th November 2011.

The prosecution then asked Judge Pastor to keep Conrad Murray in remand with no bail until his sentencing.  Walgren stated that Murray has had 2 years to prepare for this trial and is now a convicted felon.

The defence then stated that remand doesn’t apply as Murray has been on remand for the past 18 months with no problems whatsoever.

Judge Pastor then told the court that Conrad Murray was presumed innocent but has been found guilty on a unanimous vote and is now a convicted felon.

He stated the things he needed when considering remand were:

1)      Protection of the public.

Judge Pastor stated that this was not an error of judgement. This was a homicide. The result of his actions was the death of a human being. This should lead to him being held in remand without bail

2)      The seriousness of the charge

3)      Previous criminal record

 Conrad Murray has no previous charges or convictions

4)      Probability of not coming to court

Judge Pastor stated that although Murray had always attended every court hearing now he is a convicted felon. Judge Pastor therefore cannot trust that Conrad Murray would turn up to his sentencing, especially as he has many connections outside the state of California.

5)      Public safety

Judge Pastor stated that due to the nature of the charge and the subsequent guilty verdict he believes that Conrad Murray is a threat to the public.

Taking all of these into consideration Judge Pastor deemed it appropriate to place Conrad Murray into remand without bail until his sentencing on the 29^th November.

As the details were read out Murray was handcuffed. It did seem to catch him unawares and was a very striking moment to watch.

Summary

For many today feels like the end of over two years of waiting. For Conrad Murray this is just the beginning. He is yet to be sentenced and to find out whether his medical licence will be revoked. The start of Conrad Murray’s life as a convicted felon is just about to commence.

The remunerations of this will be vast and far reaching. For the rest of his life Conrad Murray will be known as the man who killed Michael Jackson.

This is a huge burden to bear but if anything hopefully it will make doctors aware of their actions and to remember that it is always a doctor’s prerogative to refuse treatment of a patient if it is not in their best interest. I really hope that as this case has put a spotlight on the US health care system and the culture of profit over people will be assessed and changes made. Michael Jackson is not the first, and won’t be the last, person to die from a drugs overdose at doctor’s hands.

This verdict is the final chapter and verse in Michael Jackson’s life. It is sad to think that instead of bowing out on a high the final curtain is draw on yet another court case. It is also tragic to think that the verdict shows that Michael Jackson would be alive today had Dr Murray monitored Jackson correctly.

The biggest tragedy of course is that three children will mark every milestone in their life minus their father.

My personal views

For me personally the trial has been fascinating but trying. I have experienced a whole range of emotions and have swung back and forth with indecision about the verdict.

I had always never really known before the trial what to believe and tried to enter with no bias. Throughout the past 6 weeks I have come to believe that Conrad Murray did not intend to kill Michael Jackson. I believe Conrad Murray was swayed by prestige and money and that this compromised his judgement and medical ethics.

The thing I have battled with most throughout the trial was my ability to dehumanise Michael Jackson. From hearing so much evidence it was easy for me to think of Michael Jackson as a commodity rather than a human being. I feel that the closing arguments finally brought the case back to the fact that this was a human’s life that was being discussed.

I must say that throughout the case David Walgren and Deborah Brazil have been outstanding.  I, as have many other people, always found Murray’s defence team to be ill-prepared and unimpressive. I do think this had a negative effect for Murray but ultimately no matter what Murray’s actions were always going to lead to a guilty verdict.

Although this might be Michael Jackson’s final act in his life, it is certain that he will never be forgotten. His legacy of music, dance, performance and philanthropy will live on throughout generations to come. The magic of Michael Jackson will continue to excite, inspire and entertain long after we are all gone.

For me I am so happy to have been able to have experienced the excitement of Jackson’s mania. When I was a child in the 80’s everyone wanted to be Michael Jackson. My outstanding Jackson memory is that every year in my primary school disco the DJ would play Billie Jean and after the first ‘boom ka’ a boy named Freedom would be surrounded by the whole school as he mesmerised everyone with his Jackson moves. This may be an insignificant fable but just thinking about those moments evokes a childlike sense of wonderment and the belief that anything is possible.

And that is why I admire Michael Jackson. For giving people the belief to aspire and believe in the impossible. Not only was he a musical and dancing genius but he brought people together. The world was united in their love for Michael Jackson. He broke records but more importantly broke down racial barriers. He overcame adversity many times but always remained graceful. And for me one of the most important legacies Jackson leaves is that of looking outside yourself and caring about the issues that affect the planet and our global neighbours.

Of course his life was not a bed of roses and not without many controversies. But if he can inspire and unite millions and give people the ability to dream big and strive for things no one knew were possible then that is a positive mind set to instil in our children.

And that is what I hope to remember of Michael Jackson. Although the latter years of Michael’s life were filled with contention it is clear from this case that he was a man who was suffering. He lived an isolated and lonely existence, with no one really looking out for him. Yet he still preached love and awareness and I believe that is the proof of a beautiful soul.

For me my lingering memory will not be of a media sensationalist or a superstar with a tarnish reputation. For me it will always be that moment when Billie Jean comes on and the little girl in me believes in the unbelievable once more.

Thank you

After 7 weeks and over 40,000 words it is now time for me to complete my final blog on this case.

I would like to thank anybody that has taken the time to read my blog throughout this trial. I have had some truly wonderful feedback and it has made all the hard work worthwhile.  

And I would like to say a special thanks to Anthony King, for giving my blog and voice a forum to express my opinions on his website.

Sophie Dewing

http://exploredreamdiscoverblog.blogspot.com/

The People vs. Conrad Murray - Closing Arguments

The People vs. Conrad Murray trial has now entered day 23. All the evidence has been heard and now the prosecution and the defence get to try their final attempt to sway the jury with their closing arguments. These statements will summarise all the evidence they have produced and how they believe thit shows that Conrad Murray is either guilty or not guilty of involuntary manslaughter.

The jury’s final instructions

Before the closing arguments were presented Judge Pastor told the jury their final instructions. He stated that the jury must decide the facts based on what happened and only from the evidence that has been presented in court. They must not use any outside source to do any research or conduct any sort of personal investigation.

The judge reiterated that just because charges were brought against Conrad Murray this does not mean that he is guilty. The People (prosecution) must be able to prove the charge beyond reasonable doubt. If they cannot prove this then Conrad Murray is entitled to an acquittal. The jury must decide the credibility and use their common sense and experience to decide the verdict.

The judge reminded the jurors that what the attorneys say is not evidence. Only the answers by witnesses are evidence. Any evidence or answers that the judge had stricken during testimonies should be ignored.

The jurors were told that they must consider all the evidence. They must not be impressed simply because the prosecution had a large number of witnesses. With expert witnesses the jury are not expected to accept that what they have testified is correct. If they believe what has been said is unreasonable then they can disregard that opinion.

An important section of the final instructions stated that Conrad Murray had a constitutional right to not testify. The jury should not judge him based on this. The jury need to rely on his out of court statements to convict him, but only if there is additional evidence to support it. If Conrad Murray had made a false statement before the trial then the jurors can use this as evidence that Murray was aware of his guilt. In reaching a decision the jury can decide whether they believe Conrad Murray had a motive.

The charge

Judge Pastor then broke down for the jurors the crime and what needs to be proven to give a guilty verdict. The charge is involuntary manslaughter. This is a lawful act which was acted out with criminal negligence and that the defendant failed to perform a legal duty with criminal negligence. For Murray to be found guilty they must be able to believe beyond reasonable doubt that Murray committed a lawful act with criminal negligence and that is what killed Michael Jackson. They must also believe that Conrad Murray had a legal duty to Michael Jackson but he failed to perform this.

Criminal negligence is defined as an act was a “high degree of risk of death or great bodily harm, without due caution and circumspection”. The judge then spoke to the jury about accidental death and that if this was the case Dr Murray would be acquitted.

The judge told the jury that unanimity it required and they must agree on the same act or same level of duty that then caused the death.

Prosecution closing argument

The prosecution then started their closing argument. Walgren thanked the service of the jury and their patience and vigilance throughout the trial. In total there have been 49 witnesses and over 330 exhibits.

Walgren told the jurors that the case comes down to whether Conrad Murray was a substantial factor in Michael Jackson’s death. He stated the evidence is overwhelming. It is abundantly clear that Conrad Murray caused the death of Michael Jackson through negligence.  

Walgren told to jurors that this case does not end here for Michael’s children. This case will go on for the rest of their lives as they do not have a father due to the actions of Conrad Murray.

Violation of trust

This is a case about trust between a doctor and a patient. The patient relies on the doctor’s medical judgement. A doctor is to do no harm to his patient, regardless of the requests of the patient. The doctor has a legal and ethical duty to do no harm. Every doctor during this trial stated they would not give treatment that could cause harm in the end. The doctor is the decision maker. He is entrusted with his medical knowledge. The doctor makes the decision as to what is proper medical care and if it is for the wellbeing of the patient.

Many doctors have testified that they would say no and walk away if a patient asked for Propofol like this. Even doctors the defence called stated this. Each and every day Conrad Murray violated that sacred trust between doctor and patient. This was an employer / employee relationships. Conrad Murray wanted payment for services rendered.

The trust between a patient and a doctor was corrupted by the actions of Conrad Murray. Michael Jackson trusted Conrad Murray with his life. He trusted the future lives of his children with Conrad Murray. Michael Jackson believed when he slept Conrad Murray would look after him so he would awaken to be able to have breakfast with his children. Conrad Murray corrupted this and Michael Jackson paid with his life.

On the 24^th June 2009 Michael Jackson performed at the Staples Centre and by all accounts it was a great performance. Michael Jackson was looking to the future. Of course Michael Jackson was anxious; he was a 50 year old man about to embark on the biggest tour of his career. But he was an optimist and looking forward to the future. He wanted to make a nice home so he could settle down with his children. Michael Jackson had hopes and dreams like all of us.

Criminal negligence

Walgren then continued by stating that criminal negligence is not an intentional desire to kill. No one is trying to prove that Conrad Murray sought to kill Michael Jackson. But Conrad Murray acted so recklessly with the life of Michael Jackson that it constitutes are indifference to that life.

Walgren then spoke to the jury about causation, the failure to perform a legal duty and Conrad Murray’s actions being a substantial factor in Michael Jackson’s death. Michael Jackson was abandoned with Propofol and benzodiazepines running through his blood. This is a substantial factor in causing Michael Jackson’s death.

Conrad Murray did not tell paramedics or doctors at UCLA hospital that he had been administering Propofol to Michael Jackson for two months. By giving a false or misleading statement this shows guilt for a crime.

He “hit the lottery”

Conrad Murray believed he had “hit the lottery” with his employment with Michael Jackson. He was getting $150,000 a month and had already told all his patients he was taking a sabbatical.

In preparation Conrad Murray had ordered vast quantities of Propofol to be delivered to his girlfriend’s apartment, and not a clinic. Conrad Murray had witnessed the state that Michael Jackson would be in when drugged up. Conrad Murray even secretly recorded this (although he failed to keep any of his own medical records relating to Michael Jackson whatsoever). Two days after the slurred recording that was played in court Conrad Murray placed his largest order of Propofol and benzodiazepines. Although Conrad Murray states he was trying to wean Michael Jackson off of Propofol 15 days before he died Conrad Murray placed another large order for more drugs.

A total of 4.09 gallons of Propofol was ordered. This equates to nearly 2,000 mg of Propofol a day during the 80 days that Conrad Murray was treating Michael Jackson. Conrad Murray wants you to believe that on the 25^th June he administered 25 mg of Propofol.

Lies

Conrad Murray also lied to multiple people about Michael Jackson’s health. In the first week of June a meeting was held to discuss concerns about Michael’s nutrition and weight. Conrad Murray assured everyone he would take care of Michael. He told multiple people, including the insurance company, that Michael was in great health. Kenny Ortega tried to raise his concerns with both Randy Phillips and Conrad Murray but during a meeting to discuss this Conrad Murray told Ortega he didn’t appreciate him getting involved in medical matters. Murray told him “stop trying to be an amateur doctor and psychologist and leave Michael’s health to me”.

Nurse Lee told the court how on the 21^st June she recommended Michael Jackson be taken to the hospital as he was feeling hot and cold in his body. She believed this was a sign of Propofol use.

On the 23^rd and 24^th of June Michael Jackson completed his last ever performances. They were tremendous. Michael Jackson was very excited and the tour was about to get off the ground. Michael Jackson told Kenny Ortega that in rehearsals tomorrow, 25^th June, the illusion would be ready and unwrapped in rehearsals. He was excited at this prospect. Before he left Michael Jackson told Kenny Ortega “you got me here, now I'm ready”. This was the last time Kenny Ortega saw Michael Jackson alive.

Conrad Murray indicted himself

When Conrad Murray spoke to police on the 27^th June they were “working in the dark”. Conrad Murray told them he had been giving Michael Jackson nightly doses of Propofol. He told them that he had used a drip apart from the three nights leading up to Michael’s death. Walgren then reiterated the timeline that Conrad Murray gave as to the amount of drugs he administered that morning. Conrad Murray himself told the police that he gave Michael Jackson Propofol after 10AM. Dr Murray was concerned as he knew that Michael Jackson had to be awake in two hours’ time, at noon, to be ready for rehearsal. By this point Michael wanted to be knocked out completely and Murray knew he would sleep past noon. The 25 mg’s Conrad Murray claims he gave Michael Jackson would have only lasted around 5 – 7 minutes.

The section from Murray’s police interview where he finds Michael not breathing was then played. Murray tells the police he does not call 911 straight away. This is the most basic common sense thing we are all taught to do as children. The only hope to save Michael Jackson’s life was to call 911 right away.

But Conrad Murray had other things on his mind. He wanted to protect Conrad Murray. Instead Conrad Murray calls Michael Amir Williams. He leaves a voicemail message. He could have used this time, or earlier, to call 911. But he didn’t. He knew what he had done.

Conrad Murray may have been panicking and praying for a miracle but he is intentionally delaying calling for help which may have saved Michael Jackson’s life.

The exact time when Michael stopped breathing will never been known as Conrad Murray was out of the room using his phone. “How long Michael Jackson had been in that condition, we'll never know. Was Conrad Murray in another room, did Michael Jackson call out for help, gasp, and make sounds? We'll never know because of the neglect, the negligence of Conrad Murray”.

Self-protection

When Michael Amir Williams contacted Alberto Alverez and told him to go to the bedroom he was told by Conrad Murray to grab the bag with the bottle in it. He was not told to grab the other saline bag. Alberto Alverez thought he was trying to help save Michael Jackson. Only after hiding this away did Dr Murray tell Alverez to phone 911, 20 minutes after Michael Jackson was found not breathing.

The paramedics took four minutes to arrive at the house. What other reason was there for the delay other than self-protection?

Paramedic Seneff told the court that he saw Conrad Murray alone in the room with a trash bag. On that day Conrad Murray was wearing “large loose cargo pants”. He could have removed evidence.

At the hospital he only told the doctors he had given Michael Jackson Lorazepam. He never mentioned Propofol. Conrad Murray stated he wanted to go back to the house to remove some cream. Was he really worried about a cream? Or was he aware there was still evidence in the house?

When Conrad Murray had his interview with police on the 27^th June 2009 he believed they already knew that the bags containing the IV equipment and Propofol had been discovered. Conrad Murray went into that interview “ahead of the story”. Conrad Murray believed that the police already had evidence so wanted to put across his side of the story. He already knew what the toxicology report would show.

Every doctor that has acted as an expert in this case stated they would never do what Dr Murray did because it could lead to death. Propofol needs to be used in highly monitored settings, not in a bedroom without any of the necessary equipment or care.

Dr White

The defence used Dr White to present their theory on how Michael Jackson died but Dr White used “junk science”. Dr White presented himself as an expert and then stated that all of his simulations were created by Dr Ornalis. Dr White’s theories on Lorazepam and Propofol changed through the trial. His urine theory was based on an out of date study that he was not familiar with so could not comment on. 

The Simon’s paper from 1988 was out-dated but the 2002 comments fit in with Dr Shafer’s scenario.

Guilty verdict

Michael Jackson trusted Conrad Murray with his life and Michael Jackson paid with his life. Conrad Murray left Prince, Paris and Blanket without a father. Conrad Murray deceived people, lied, obscured facts and acted with criminal neglect. Conrad Murray wasn’t looking out for Michael Jackson. Conrad Murray was looking out for Conrad Murray.

The People do not have to prove that Conrad Murray caused Michael Jackson’s death. The People only have to prove that Conrad Murray was a substantial cause. The events that occurred were not extraordinary or unforeseeable. Even if you believe the defence’s version of the facts, Conrad Murray is criminally guilty of involuntary manslaughter.

Walgren then askd that the jury give a guilty verdict.

Defence closing statements

The defence then had the opportunity to present their closing argument. Chernoff started by stating that during these six weeks the prosecution have “absolutely failed to prove a crime”. The defence are not disputing negligence on Conrad Murray’s behalf. But the prosecution have to prove that the specific act of criminal negligence caused Michael Jackson’s death. We know that Conrad Murray immediately tried to revive Michael Jackson.

Propofol only lasts ten minutes. To keep it working you must use a drip. If Conrad Murray had injected Propofol like he said then there was never any danger to Michael Jackson. The prosecution have spent 5 weeks trying to prove there was a drip. Otherwise there was no danger to Michael Jackson. In their closing statement they never mentioned Dr Shafer, Alberto Alverez or Elissa Fleak as they didn’t mention the drip. “They want you to convict Conrad Murray on the actions of Michael Jackson.”

Alberto Alverez

Alberto Alverez was offered $500,000 for his story. Kai Chase’s story was worth $9000. Why is that? All he did was call 911. That is what he told the police on the 25^th June. Two months later he told police that he called 911, comforted the children, tried to breathe life into MJ and that he hid evidence. His story became monumentally more compelling and valuable. Do you believe Alverez is not going to cash in? Alverez says what happened on the 25^th June burns into him every day but it took him two months to talk to the police. Alverez isn’t even an associate of Conrad Murray. Why then would Dr Murray trust Alverez to hide vials and bags?

Alberto Alverez stated that he put Michael Jackson on the floor with Conrad Murray.  When the 911 call was played in court you saw Alverez’s face as it showed this isn’t what happened. Alverez’s fingerprints were not on the saline bag he says he hid even though the fingerprints were identifiable. He also said there was a milky substance in the bag. The bag tested clear. There was nothing in it. Alverez said he did CPR before the paramedics arrived. Paramedic Senneff stated when he arrived Michael Jackson was on the bed and no one was doing CPR.

Chernoff then told the jury that Alverez’s timeline of events was wrong. It was too short a time to do all the things he said he did. Alverez stated he was efficient but that is wrong. It is impossible. He lied. This is the foundation of the bottle in a bag theory.

Bottle in the bag

The problem with this theory is that Elissa Fleak never mentioned the bottle in a bag in her notes she didn’t destroy and took no photographs of it. The first time she mentioned it was in January 2011 in the preliminary hearing for this trial.

The defence called witnesses Detective Smith and Detective Martinez. They took lots of notes and conducted a very good investigation. Detective Smith said there was no bottle in a bag that he saw.  He didn’t see it because it wasn’t there.

The prosecution need a drip because if Conrad Murray did what he said then there was no danger to Michael Jackson. It doesn’t matter if you leave the room. ”Dr Murray did not kill Michael Jackson”.

How do we explain that Conrad Murray didn’t need to put the bottle in the bag as there is a tag to hang onto an IV stand? It would be ridiculous and absurd to put the bottle into cut saline bag. He just needed to hang it.

Dr Shafer is an advocate

The prosecution hired Dr Shafer instead of the coroner’s office or the police to talk about the scene. The prosecution wanted Dr Shafer to solve the crime. Shafer stated he didn’t have an agenda and worked backwards in the timeline to get his scenario. But I want to defend Dr White. Experts are scientist. They don’t take positions. Dr Shafer was not a scientist. He was trying to prove a point. Dr White was completely honest when he wasn’t qualified to answer something. If Dr White wanted to be an advocate he would have been. The prosecution said Dr White used to be an expert but not now. But Dr White knows more about Propofol then Dr Shafer will ever know.

Dr Shafer did lots of simulations that had nothing to do with the case. The only relevant one was requested by defence. When you work backwards you could have one million different versions. He wanted to make out that he had looked at every possible angle.

Dr Shafer came up with a theory that Conrad Murray had given Michael Jackson 10 shots of Lorazepam. Dr Shafer only came up with this as there was an empty bottle of Lorazepam at the scene. He then decided 10 shots every 30 minutes would get the results where they needed to be. After 4 shots Michael Jackson couldn’t feel painful stimulation. Why would Murray than give 5 more shots [N.B this is an error. It should be 6]. Using Dr Shafer’s timeframe the first couple of shots would have been when Michael Jackson wasn’t even at the house. The next day Dr Shafer said he made a mistake and changed it to 9 shots.

The prosecution keep mentioning that it was 1/26^th of pill or 1/300^th of a pill as if you don’t understand that pills dissolve and go into the body. If there is any in the stomach then it proves Michael Jackson swallowed Lorazepam. Dr Shafer didn’t do an oral Lorazepam simulation as it wouldn’t help the prosecution. He is an advocate.

There are two reasonable scenarios in this trial and the jury have to go for acquittal. One is that Conrad Murray gave 10 doses of Lorazepam (such as Dr Shafer’s theory) or that Michael Jackson got up and went to his stash of tablets and took Lorazepam when Conrad Murray was out of the room. What is more reasonable to you? The prosecution are asking you to send down Conrad Murray for the actions of Michael Jackson.

If this wasn’t Michael Jackson there wouldn’t be a trial

Someone has to tell the truth. If this was anyone but Michael Jackson the doctor wouldn’t be here today. You have met Conrad Murray’s patients. You know what he did for those people.

The prosecution have shown negligence on Conrad Murray’s behalf. But was it criminal negligence? Was it direct cause of Michael Jackson’s death?

David Walgren is going to have to say that the drip theory was bad and it didn’t work. He has to say this because he is not going to say Conrad Murray was wearing baggy pants and took one IV tube from the house but left behind all the bottles and bags.

It is easy in hindsight to say you would do things differently. Dr Murray will have to walk through the rest of his life always painted as a villain. The prosecution’s doctors have never been in Conrad Murray’s shoes so it is easy to make their statements. You can judge Conrad Murray by what he did but not by his motives. Conrad Murray thought he could help Michael Jackson sleep normally. He was wrong. Because Conrad Murray had no control over the situation because of what was happening in the background. He was a “little fish in big dirty pond.”

911 call

The prosecution say it is bizarre what Conrad Murray did with the 911 call. If you are a doctor in private residence and you find your patient not breathing and you have no idea why would you first pick up a phone and call 911?  Dr Murray immediately tried CPR. When it didn’t work he injected Flumazenil (to reverse the effects of the Lorazepam. There is not antidote to Propofol). This didn’t work so Dr Murray ran to get help and tells Kai Chase to get security. I am going to tell you now that Conrad Murray didn’t ask Kai Chase to get Prince. But Chase got Prince and said there is something wrong with your father. She only needed to get security. That is what Conrad Murray was expecting.

If Conrad Murray had called 911 right away it would have been 7 minutes before help arrived. Should Conrad Murray just have stood over Michael Jackson for all that time?

The prosecution say that Conrad Murray didn’t give good CPR as it was on a bed. Should he have dragged Michael off of the bed? The purpose of CPR is to provide compression and ventilation. Ventilation has nothing to do with if Michael Jackson was on the bed. Conrad Murray is 240 pounds. He had one hand under Michael’s back and one on Michael’s front. Was there insufficient compression? There is no evidence of this. The American Heart Association tells you to do CPR where you find the patient. No one wants to tell the jury this.

Conrad Murray has to go down

Why does everything Conrad Murray do have to be a deviation of care?  They say there was insufficient ventilation because he didn’t use an ambubag. But you have seen there was an ambubag out and on floor.

It is a deviation of care because Conrad Murray has to go down.

The prosecution doesn’t want to tell you that in this trial you saw witnesses that didn’t need to testify, such as people who Conrad Murray called. You were shown photos of his children. There was no need to do that other than to prove it is heart-breaking. They stated there was gallons of Propofol, but there needed to be for what Conrad Murray was doing to Michael Jackson.

There is a desire to paint a perfect villain and a perfect victim. This doesn’t exist. This isn’t a TV show. It is not a reality TV show, it is reality.

When Conrad Murray wanted to leave the hospital to remove some creams from the house that Michael Jackson was worried about Michael Amir Williams put Mr Jackson’s house on lockdown. Was Michael Amir Williams so worried about this cream that he shut down the house? It was a trio of Michael Amir Williams, Alberto Alverez and Faheem Mohammad that created the cream story.

Frank DiLeo

Chernoff then played the voicemail from Frank DiLeo to the court. DiLeo told Conrad Murray needed to test Michael Jackson to see what he was doing. But it was not what Michael Jackson was doing but rather what was being done to him that was the problem.  Michael Jackson was under huge pressure from AEG. And they were unhappy about his visits to Dr Klein and him missing rehearsals. Kenny Ortega said to Randy Phillips we should threaten to pull plug on the show. You can sense what Michael Jackson was going through. Michael Jackson compartmentalised these issues. He was visiting Dr Arnold Klein almost every day.

Let’s look at what Conrad Murray did. You cannot agree that giving Propofol in a home is appropriate, which is what Conrad Murray did for 60 days [N.B. this is an error. Should be 80 days]. But he gave a drug to a patient for a specific medical condition. Not Demerol, not drugs to fuel addiction. If Conrad Murray was inclined to do this he would have done it.

Michael Jackson self-administered Propofol

The crux of this case is that the prosecution believes that Conrad Murray should be responsible for Michael Jackson self-administering Propofol. Dr Steinberg said something aggravating. He said Conrad Murray’s treatment of Michael Jackson was like “a baby on a countertop”. This is deeply insulting to Michael Jackson, saying he was unable to make decisions for himself. Michael Jackson knew exactly what he was doing. He was a 50 year old man. At what point do you draw the line of responsibility for an adult?

This is a touchy thing to say, no one wants to say it, but if it wasn’t Michael Jackson this wouldn’t have gone to trial. In a psychiatric hospital if a patient breaks into a cabinet and kills themself the doctor doesn’t go on trial. Don’t make Conrad Murray responsible because it is Michael Jackson. ”Do the right thing and find Dr Murray not guilty.”

Prosecution rebuttal argument

After hearing the defence’s closing argument the prosecution are entitled to a rebuttal argument as it is the prosecution’s role to prove Conrad Murray is guilty and respond to the defence’s closing argument.

David Walgren told the jury we are here for one reason and one reason only: the actions and non-actions of Conrad Murray. The cameras are here for Michael Jackson but we are here for Conrad Murray and his grossly negligent actions that killed Michael Jackson.

What Conrad Murray did has never been done before. No one administers Propofol outside a hospital setting. This is not just a deviation, this is criminal gross negligence. A doctor using an agent that causes respiratory arrest if not administered properly, done by one man with no proper monitoring or lifesaving equipment. This is bizarre, unethical behaviour.

Murray’s former patients

Walgren believes that the former patients of Conrad Murray that testified really do believe what they said about Conrad Murray, that he was a wonderful doctor. But they were all treated in hospitals with other medical personnel present and appropriate equipment. This is in stark contrast to what Michael Jackson received from Conrad Murray. Also Michael Jackson was not being treated for a heart condition. He was being treated for insomnia, something Conrad Murray knows nothing about.

Murray’s former patients did get good care but this has nothing to do with the lack of care Michael Jackson received.

“Poor Conrad Murray”

The defence want to talk about “poor Conrad Murray. Everyone is working against him”. The defence have blamed Alberto Alverez, Michael Amir Williams, Kai Chase, AEG, Elissa Fleak, Faheem Mohammad – everyone except Conrad Murray. Poor Conrad Murray.

When the defence called Rubin to the stand they asked about Conrad Murray’s demeanour. Rubin’s stated Conrad Murray was upset. Because it is all about Conrad Murray grieving. Poor Conrad Murray. The People then asked Rubin about grieving and what he witnessed. Seeing Dr Cooper going in to the room to tell Mrs Jackson that she had lost her son.

Poor Conrad Murray. “I am sure he is grieving. He is responsible for taking the life of a man through his gross negligence”

The defence have stated that the prosecution witnesses are lying, that Dr Shafer is a cop. Conrad Murray didn’t call 911 but they blame the chef and say that she is responsible. If they had more time they would have blamed Michael Jackson’s son, Prince.

Everyone is to blame except Conrad Murray.

If Alberto Alverez wanted to pin the case on Conrad Murray he could have created a better story than a bottle in a saline bag.

Bizarre

Everything Conrad Murray did in his treatment was bizarre. He waited 20 minutes to get someone to call 911. That is bizarre. He gave Propofol in a bedroom for 2 months. That is bizarre. He lied to paramedics and doctors at UCLA hospital. That is bizarre.  Does it surprise you he would have bizarre IV set up?

None of this is consistent with a trained medical doctor who is putting the patient first.

Is it Michael Jackson’s fault Conrad Murray left him alone in the room?  Yes Michael Jackson did seek Propofol but there is a list of doctors who said no. There is one who said yes for $150,000 a month. Poor Conrad Murray.

Michael Jackson is dead and we have to hear about poor Conrad Murray. No doctor knows what it is like to be in his shoes. That is because no doctor would ever do what Conrad Murray did. Even defence experts have stated this.

Dr Shafer

Dr Shafer did not speak about the urine samples at it is “junk science”. The simulations that the defence ridiculed had been rejected by Dr Shafer. Dr Shafer told the court that oral ingestion of Lorazepam was possible, just not at 10AM as the defence state. It is impossible due to absorption and science. But it could have happened earlier. We don’t know if this happened. Dr White told us it was when Conrad Murray was out of the room again.

Conrad Murray has a legal duty of care to monitor and ensure the safety of his patient. This is a legal duty. No matter what the setting is.

Conrad Murray administered Propofol. If Conrad Murray hadn’t abandoned Michael Jackson, or had a pulse oximeter with alarm, this wouldn’t have happened.

Administering Propofol in a bedroom could cause death. This is a fact. Propofol affects patients in different ways due to variables and because of this there is a need to have safety precautions in place. It is foreseeable and predictable that things could go wrong. Dr Shafer would not leave patient alone if patient liked to push the syringe in that scenario. This makes the risk of death a natural and probably cause.

The defence say Alberto Alverez lied. Couldn’t he just have said Conrad Murray was hiding bottles or Conrad Murray fell asleep? There is no evidence Alverez had any animosity against Conrad Murray.  This has been a nightmare for Alberto Alverez. Elissa Fleak also told the court she found a bottle of Propofol in a saline bag. What is her role in this trial? What reason would she have to lie?

The defence state that Dr Shafer has an agenda. Yet Dr Shafer gave all his software to the defence so they could use it. He also made scenarios at the defence’s request. In court Dr Shafer said with a roller clamp Michael Jackson might have taken it off and killed himself. That is not someone with an agenda.

Michael Jackson was given a night of benzodiazepines and Propofol and then was abandoned to look after himself.

The defence state that Alberto Alverez’s fingerprints not on the saline bag. Well Michael Jackson’s fingerprints were not on the syringe. You don’t always get fingerprints. But we do have a fingerprint of Conrad Murray’s on the 100 ml bottle of Propofol that was hidden in a bag.

Lies

Think about the lies Conrad Murray told in this case. He told Kenny Ortega that Michael Jackson was in perfect health. This was not true. He said the same to Paul Gongaware. To Randy Phillips he said that Michael Jackson was in great health. In an email he told Bob Taylor that media issues about Michael Jackson’s heath were not true. He lied to the paramedics when Conrad Murray wilfully denied them information, to the doctor’s at UCLA when he wilfully lied about times and the drugs he had administered. This was not overlooked, that is insult to the jury’s intelligence. Conrad Murray must have lied to Michael Jackson when he said he would be safe. Conrad Murray claimed he asked for an autopsy and for there to be support for the family. This was a lie. There are standard practise at UCLA.

Conrad Murray told Katherine Jackson he didn’t know what had happened to Michael.

Poor Conrad Murray.

The law is clear on causation. If Michael Jackson self-administered is not an unseen occurrence. Conrad Murray said Michael Jackson had a dependency on this drug, he liked to push it. Conrad Murray gave Michael Jackson Vallium, Midazolam, Lorazepam, Propofol and then abandoned him. The People cannot prove exactly what happened behind closed doors. Michael Jackson could give answers but he is dead.

Actions speak louder than words

You know what was happening every night and the volume of Propofol orders. You know Michael Jackson died from Propofol intoxication. It was a natural consequence. This is why you don’t give Propofol in a bedroom. It was not unusual that Michael Jackson died; it was unusual Michael Jackson lived as long as he did under Conrad Murray’s care.

If Conrad Murray felt so deeply for Michael Jackson then I say this: actions speak louder than words.

What Conrad Murray did was continue Propofol and benzodiazepines when he knew what it was doing to Michael Jackson. He knew on May 10th when he recorded the drugged up recording.

This was a relationship based on trust. Michael Jackson trusted his life into the hands of Conrad Murray. Conrad Murray brought Propofol into the house. He administered Propofol. He abandoned the patient. He had no monitoring equipment, no backup personnel. He failed to call 911. He is criminally liable for the death of Michael Jackson. Not because it is Michael Jackson but because Conrad Murray acted with criminal negligence. He was a substantial factor in the death of Michael Jackson. And I ask you to consider all the evidence in this case and apply the law that the judge gave you, to work together and go through the evidence and you will find that whether Conrad Murray was criminally negligent is not that complicated. This medical care has never been seen. It was an experiment in a bedroom.

“I trust and ask you to return with the only right verdict and the only just verdict. I ask you return with a verdict of guilty of involuntary manslaughter based on Conrad Murray’s actions and his alone.”

Judge Pastor

Judge Pastor then told the jurors how they can go about deciding the verdict. A sheriff was then sworn in to ensure the jury kept together.

Summary

This was the final opportunity for both parties to put their cases forward. I believe they both gave compelling arguments. I was impressed with Ed Chernoff as, although he is still bumbled his way through his statement, he did put forward a case that the jury will have to discuss. He raised some points that certain made me stop and think twice. 

On the other hand David Walgren once again proved how superb a lawyer he is. His arguments were compelling, recalled a lot of evidence and his argument was highly emotive to try to sway the jury. I think many of the issues that Ed Chernoff put forward that made me have some doubts were then answered by Walgren’s excellent recall.

I believe ultimately Conrad Murray is guilty because as a doctor he should be putting the patients’ health and wellbeing before anything. This includes refusing treatments that are not appropriate, even if the patient asks for them.

Of course if Conrad Murray had told Michael he would not do this procedure then Michael would have hired someone else to do it. There is no doubt about this. But this didn’t happen. Conrad Murray did take the job and in the process went from being a doctor to an employee. Conrad Murray always had the option to walk away. But the pull of a once in a lifetime opportunity and huge sums of money was too much for Murray to say no to.

I feel Conrad Murray must take responsibility for his ill thought out actions and admit that it was reckless to administer Propofol in a home. Not only was the set up dangerous it was also inappropriate to leave Jackson unmonitored. I believe this alone is enough to convict Murray over but we still then need to take into account the actions he took after he found Michael not breathing. It is unacceptable to wait 20 minutes to call 911. And the fact that he acted like a guilty man by hiding evidence and then ultimately incriminating himself in the interview he asked to hold with police to me proves he knew what he did was wrong.

In my first report on this case I stated I believed that the deciding factor for the jury will be whether they believe that a doctor must act in the patients best interest, and ethically, no matter what the circumstance or the amount they are being paid or whether they believe that if a patient knows the risks and still insists on the treatment then the doctor is less responsible if thing are to go wrong. I feel the closing statements by both teams at their core were fighting this argument. Chernoff gave an analogy about at what point does an adult become responsible for their actions? If a patient in a hospital were to break into a cabinet and steal drugs and then overdose the doctor would not be held accountable. Walgren then stated that it is a doctor’s legal duty to put the patient’s well fair first. It is evident that Murray’s actions were grossly negligent and were a substantial cause in Michael Jackson’s death.           

Could this be too little too late for the defence? Or it is a case that no matter what Conrad Murray is ultimately responsible because he left Michael Jackson unattended in an unorthodox, and dangerous, situation?

It is now in the hands of the jury to decide the fate of Conrad Murray and to close the final chapter in Michael Jackson’s life.

It is now a waiting game that depends on how long the jury need to deliberate.

Sophie Dewing

http://exploredreamdiscoverblog.blogspot.com/