Showing posts with label chernoff. Show all posts
Showing posts with label chernoff. Show all posts

Wednesday, 30 November 2011

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 1st 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 25th 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 23rd 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 1st, 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/

Sunday, 6 November 2011

People vs Conrad Murray - Day 15

We are now at the end of week 4 and on day 15 of the People vs. Conrad Murray trial, in relation to the death of Michael Jackson. Today the defence get to cross-examine Dr Steven Shafer, a Propofol expert, who is the 33rd and final prosecution witness.


Dr Steven Shafer

Today it was the chance for Ed Chernoff to cross-examine Dr Shafer. Chernoff’s main questioning regarded the demonstration Dr Shafer conducted earlier in the week, on how he believes Conrad Murray administered Propofol to Michael Jackson. Dr Shafer’s theory was that Murray hooked up an IV drip to Michael’s leg which then continuously feed Propofol into Jackson’s body. As there was no regulatory equipment the dosage was not monitored and this contributed to Jackson dying of acute Propofol overdose. The type of IV bag Shafer believe Murray used was a vented IV bag, which allows air into the Propofol bottle, allowing the Propofol to drip out. Chernoff highlighted that no vented IV line was ever found at the scene. Shafer still stood by his theory as Murray had ordered vented IV’s in the past and the tubing is small enough to have been removed from the room.

Chernoff questioned Dr Shafer about his belief that the bottle of Propofol was put inside a cut saline bag. Shafer admitted that he had used Alberto Alverez’s account to draw this conclusion. The defence then stated that Alverez’s account may not be credible, as even though he stated he hid the Propofol bottle and cut saline bag his fingerprints were never found on these items.

Chernoff brought to Dr Shafer’s attention inaccuracies about his timeline of events. Shafer testified that he believed Murray gave ten 4mg doses of Lorazepam to Michael every ten minutes from midnight. Chernoff stated this theory cannot be plausible as Jackson did not arrive home until around 1AM on 25th June 2009. Dr Shafer acknowledged this error.

Chernoff also quizzed Dr Shafer of the possibility that Jackson had killed himself. Shafer testified that it would have been possible for Michael to have awoken and released the clamp from the drip. Shafer then went on to say that even if this were the case it does not make Murray any less guilty, as he should not have left Jackson alone and used such a dangerous set up. Shafer said "if Michael Jackson had reached up, seeing the roller clamp, and opened [it] himself, this is a foreseeable consequence of setting up a dangerous way of giving drug [and] is in no way exculpatory for the fact that Dr Murray was not present and permitted this to happen."

Aggressive questioning

The tone in the courtroom became very tense when the defence’s questioning of Dr Shafer turned particularly aggressive. Dr Shafer’s testimony has been damning towards Murray and stated there were 17 egregious violations of standards of care and Murray actions contributed to the death of Michael Jackson. Chernoff asked Shafer if he knew the difference between opinion and fact. "Everything you said in the last two days was your opinion. You do understand that, right? Do you understand that?" Shafer then went on the defensive and replied, "I stated my name, which I think is a matter of fact."

Chernoff then repeated that would Shafer agree that everything else Shafer stated were his opinions. Shafer replied that they were his opinions as a physician and that "to say that one should not lie at UCLA Medical Center is my opinion." (This comment referenced the fact that Murray withheld information from both paramedics and emergency doctors at UCLA hospital when they were trying to save Jackson’s life.)

Chernoff also criticised Shafer for saying he was disappointed in Dr White, the anaesthesiologist the defence are set to call as a witness. Chernoff accused Dr Shafer of making “dismissive” comments about Dr White and stated Shafer “preferred to shove it down his professional throat.” Judge Pastor ruled this question out of order. The defence are keen to try and show there is a case of one-upmanship between Dr Shafer and Dr White, as Dr Shafer trained under Dr White.

Chernoff also tried to show that Dr Shafer was a bit of a wildcard as he admitted that in the lead up to this trial he himself drank Propofol to disprove Dr White’s report that an oral dose of Propofol can kill. Shafer stated he did this because he knew there were no adverse effects of drinking Propofol.

Contempt of court?

Aside from the main court case there could possibly be some further bad news for the defence. One of their key witnesses, Dr White the anaesthesiologist, could be charged with contempt of court.

During Dr Shafer’s testimony, when he was demonstrating how he believed Murray had administered Propofol to Jackson, Murray whispered to Dr White “can you believe that?” at which point Dr White replied “what a scumbag”. This was heard by reporters in the court room. Dr White has also been caught on camera in the courtroom rolling his eyes and reacting with facial expressions to what is being testified. Prosecution lawyer, David Walgren complained about this to Judge Pastor.

Judge Pastor had let medical experts into the courtroom so they could hear what was being said and how this might inform their testimonies. But this was under the agreement that they would not comment or react publically on what they had heard.

Dr White also spoke to an E! News reporter and told him his personal view of Dr Shafer had changed after hearing his testimony. E! News then wrote an article using quotes from Dr White where he said "I am going to take the high road not the low road with him…I was his teacher when he was a medical student. The truth will come out. It always does."

Judge Pastor was highly unimpressed with Dr White’s conduct stating "you have no business making those comments, Dr White." Judge Pastor went on to say "I don't want to harm Dr Murray or defence counsel in this case by excluding Dr White at this juncture if defence counsel still want him here, because I have to balance my concern about decorum with the defendant's right to a fair trial. But this may very well constitute a violation of the court's order." Judge Pastor then stated he was going to review Dr White’s conduct and see if he should be sanctioned in contempt of court. A hearing has been set for the 16th November.

Summery

The trial today was certainly explosive but it did feel a bit uncomfortable to watch. Instead of viewing a court case it felt like a slanging match between Ed Chernoff and Dr Shafer. This certainly was not behaviour I feel is appropriate in a courtroom. 

I understand the defence need to use hard questioning to see if when put under pressure the witness’s story still measures up. But the level of aggression today seemed highly unnecessary. Instead of trying to disprove some of Shafer’s statements it seemed Chernoff went off on a personal attack. Chernoff seemed almost out of control at times.

Previously when questioned by the defence a few of the prosecution witness have answered in a defensive manner. I feel it is always better to try and have a measured response. But today I do feel that Shafer had somewhat of a reason to react to Chernoff’s chiding. Although childish sniping should never be present in a court.

For the beginning of the trial I always felt Chernoff came across as a poor choice of lawyer. He was often confused in his questioning and bumbled through his cross-examinations. But today I felt that Chernoff lost any reverence or authority that he may have had left. The defence were always going to have a tough time as there is a lot of evidence and testimonies that do not bode well for Murray. But it seems like the pressure has got to Chernoff. He knows it is almost certain Murray will get found guilty but instead of trying to find a reasonable alternative argument to present, the defence are breaking under the pressure and aren’t going to go down without a fight. This would be a good attitude to have if purveyed in a constructive way. Shouting at a witness is never going to help your argument.

I think Chernoff’s behaviour will not favour well with the jurors. Being that aggressive doesn't help highlight the weaknesses in the witness’s testimony; it simply makes the defence less likable and look incompetent. It is not professional to lose your cool when you are a lawyer. If I was a juror I would now believe Chernoff to be a bit of a wildcard and I would not necessarily trust his reliability. I think it comes across as Chernoff may be out of his depth.

It is wise to remember that Conrad Murray has nowhere near the amount of money that the Michael Jackson estate have, therefore he would not be able to hire the first class lawyers similar to what the prosecution have.

I think Murray’s defence team are highly damaging to his case. I feel a big problem with the defence is their behaviour means Murray will not get a fair trial. He will be judged by their actions and if they do not present themselves well it will impact on people’s view of Murray. Chernoff is making it easy for the prosecution because they do not even need to try to imply he is incompetent, he is prove that by himself. Flanagan is a far more competent lawyer, and although his questioning can be aggressive it is in line with what a lawyer should do. I am surprised that Chernoff has been the lead for the defence. I feel this could be a critical error.

As well as Chernoff’s behaviour another damaging aspect to the defence is the constant need of Judge Pastor to berate them for speaking publically about the case. Judge Pastor already had placed a gagging order on the defence team as they had spoken to the US media about the case. And now a key witness may be in contempt of court. This is a huge blow to the defence. It is clearly stated people cannot speak of the case outside the courtroom. I cannot understand why the defence would put themselves at risk of being discredited in such a difficult case.

I also cannot understand why Dr White was allowed to talk to Murray. Surely this is highly unethical? Again witnesses are told when on the stand that they may not speak to anyone else involved in the court case until after it has finished. By a witness being able to sit with the defence team and speak to the defendant seems highly inappropriate and completely against this court order.

I feel some of my views may just be a cultural difference as the rules of a court in the UK are far more stringent than in the US, so behaviour like this is completely unacceptable to me coming from a British perspective.  I believe that one of the problems with the courts being so open and allowing the case to be televised, especially in such a high profile case like this, is that a media circus is created. And when so many outside influences become involved a fair trial can never be achieved.

It will be interesting to see if the defence change their tact and how they conduct their questioning when they open their case next week.

The trial enters week 5 and resumes on Monday.

Sophie Dewing

http://exploredreamdiscoverblog.blogspot.com/


Sunday, 23 October 2011

People vs. Conrad Murray - Day 9

Today the second week of the trial draws to a close. Day 9 was due to be interesting as a two hour interview the LAPD conducted with Conrad Murray was due to be played.

Dan Anderson

Dan Anderson took to the stand again. Anderson started where he finished yesterday. He stated that no drugs were found in the saline bag that was attached to the IV stand but there was liquid in it.

Flanagan then started questioning Anderson about Propofol. Flanagan asked if the levels of Propofol were in a therapeutic range. Anderson said this was beyond his expertise but everyone tolerates drugs differently.

Flanagan then questioned Anderson about Lorazepam. Anderson was shown a bottle of Lorazepam. The directions state to take 1 x 2mg pill by mouth at night for treatment of insomnia. Anderson states that a lot more pills would need to be taken to have the same effect as an IV dose.

MJ had 11mgs of Lorazepam in his body. Anderson states that Lorazepam cannot get into the stomach via post-mortem redistribution. Anderson stated he tests for lots of drugs found in people’s stomachs that don’t get there orally.

Anderson testifies that he quickly concluded that Propofol was the most important drug in this case even though there were large quantities of Lorazepam. He thinks Lorazepam was important but the amount didn’t raise a red flag with him. However the levels of Propofol were not in a therapeutic range given the setting.

States that the level of Lorazepam in Jackson’s stomach was 1/43rd of a 2mg pill of Lorazepam.

Elissa Fleak

Elissa Fleak was recalled to the stand. She was asked to discuss some of the photographs that were shown yesterday. Fleak stated that she has since reviewed the images to determine what date they were taken on. Nothing significant or new came out of this testimony.

Scott Smith

Next to testify was Detective Scott Smith, an LAPD detective who interviewed Conrad Murray on 27th June 2009, two days after Michael’s death.

On June 25th 2009 at 3.30PM Smith was told Michael Jackson was dead. He went straight to UCLA hospital and stayed until 7PM. Smith did not see Murray. Smith stated that he did speak to Alberto Alvarez and Faheem Muhammad briefly at UCLA.

After leaving he went to Jackson’s house. At the time it was a death investigation and there was no information on the cause of death. The coroner’s office were the lead agency. LAPD were just there to assist Fleak and be an extra pair of eyes. It was only at a later date, after the autopsy, did the case become a homicide investigation.

Smith left the property at the same time as Fleak and MJ’s security team took over securing the house.

On 26th June 2009 Smith attended Michael’s autopsy. There were no signs of trauma on the body.

Smith went back to MJ’s house after he heard from the coroner’s office that some items had been given to the coroner by Jackson’s family. This was a shaving kit that contained some rotten cannabis and empty prescription bottles of Temazepam. Smith stated these items had no significance whatsoever.

When at the house Smith found some empty pill bottles of Diazepam and Lorazepam in the master bathroom. Smith stated the bathroom was messy and had notes taped to the mirror.

Police interview

Smith was told on Saturday 27th June 2009 by Murray's lawyers they wanted to meet with the detectives. Smith went with Detective Orlando Martinez and met with Ed Chernoff and Conrad Murray at 4pm at the Ritz Carlton, Marina del Ray. Smith recorded the interview. The interview was then played in court. Judge Pastor did inform that some parts of the interview had been removed as they were irrelevant.

The audio recording revealed the following;
Murray said he was Michael’s doctor since 2006 when he treated Michael’s children for the flu. In 2009 Michael’s assistant called Murray and said MJ wanted him to be part of the tour in London. Michael was elated that Murray was joining the trip.

The police asked about the health of Jackson. Murray stated Michael was very thin. Murray conducted a physical examination and there were no problems except a subluxation to the right hip (this means the ball can easily slip out of the socket and may be a few millimetres out of the socket). Michael also had a fungal toe disease but suffered no systemic illnesses. Murray believed Michael was seeing other physicians without him knowing.

25th June 2009

Murray spent every night at MJ's house (except Sundays). This was at the request of Jackson. On the 24th June 2009 Conrad Murray was telephoned by Michael Amir to let him know they were finishing the rehearsal and that MJ wanted Murray to be there by the time he got home. Murray arrived at the house at 12.50am on 25th June 2009. Murray said the night went as usual. He went to Jackson's room and waited for MJ, who arrived shortly after.  After Michael arrived they spoke about MJ's day. Murray stated Michael was tired and fatigued. MJ said he was treated like a machine. Michael then showered, came back to room and then Murray then put on a cream that is used to treat vitiligo.

Murray place Jackson on a drip as MJ loses a lot of fluid during rehearsals. Murray placed an IV placed on Michael’s leg. Murray also gave Jackson a sedative of Valium. The dosage was one 10mg pill. Murray then gave a 4mg dose of Lorazepam mixed with saline around 2AM. The Lorazepam was pushed slowly through the IV. Murray stated he watched and observed Jackson. Michael continued to be awake for more than an hour. Murray testified 'I wanted to be cautious'. Murray watched Michael to see if the drugs affected him. After an hour there was no change and Michael complained about not being able to sleep. Murray then administered a different agent. He gave a 2mg doze of Midazolam which was injected slowly. This was around 3AM.

Murray continued to observe MJ who was still wide awake. Murray asked Jackson to mediate and changed the lighting to low setting and turned down the volume of the music that MJ had playing. Murray states Michael's eyes closed. Murray was grateful for that. Around 3.20AM Michael fell asleep. Within 10 minutes Jackson jumped right back up and was wide awake. Murray asked Michael to try meditating again. Jackson stated when he meditated he didn’t think about work.

At 4AM Jackson was still awake. At 4.30AM Jackson complained. He stated he had rehearsals to attend and must be ready for the show in England. He would have to cancel the performance and trip if he couldn’t function because he didn't sleep. As Murray had given Jackson Lorazepam at 2am he thought at 5am it would be reasonable to give additional 2mg doze of Lorazepam. Murray stated that did not help MJ relax. Jackson complained again that he couldn't perform and would have to cancel rehearsals. He wouldn't be able to satisfy his fans if he was not rested well. Murray stated Jackson put a lot of pressure on him to give him meds.

Murray then waited. At 7.30AM Jackson was still awake. Murray gave an additional 2mg of Midazolam. This had no effect. Murray then cautiously checked the IV site on MJ's body to ensure the IV was flowing into Jackson and not onto the bed. Murray wanted to find out why Michael was not responding to the drugs. Beyond 10AM still nothing had worked. Michael was really complaining that he could not sleep. What Murray was doing was not working. Jackson would be forced to cancel everything. Michael then said 'I would like to have some milk'. Michael stated that this was all that really worked for him. Police asked what ‘milk’ was. Murray told them Propofol. Murray explained to the police that Propofol is a sedative that can be used for anaesthesia. It is used in IV form.

At around 10.40AM Murray gave Jackson Propofol. Murray remembered the time because he checked to see if administering Propofol at that time would ensure that Michael's day could still be productive as he needed to get up for rehearsal. Jackson stated 'just make me sleep no matter what'. Murray agreed to switch to Propofol. Murray stated he would give small amounts to get Jackson to sleep. He administered 25mg of Propofol diluted with Lidocaine (this is needed as Propofol creates a burning sensation when administered on its own). Murray stated he slowly infused the medicine over 3 - 5 minutes. Michael fell asleep.

Murray told police he took all the precautions available to him. He made sure there was oxygen and he had a pulse oximeter to check oxygen saturation levels and Michael’s heartbeat. Police ask if Jackson had asked for milk before. Murray stated he had given Jackson Propofol before. On the 25th of June 2009 he took precautions and gave a lower dose than usual as he had been administering different drugs to MJ throughout the night. He would usually give a higher dose without the use of other agents. The most Murray had ever given Jackson was 50mg.

History of Propofol use

The police ask Murray how many times he administered ‘milk’ to Jackson. Murray stated he had given it more than ten times, much more. Murray states he was administering Propofol to Jackson for the whole two months he had been working with him. Murray continued by saying it was 30 days of the month, every day with the exception of the three days leading to Jackson’s death. Murray testified during that time he was trying to wean Jackson off of Propofol.

Ed Chernoff (Murray’s lawyer, who was present at the interview) asked if Murray was aware if MJ was taking Propofol before Murray started working with him. Murray stated he was surprised by the amount of pharmacological knowledge Michael had. He knew about a lot of medications use for insomnia. Murray stated most people don’t know what Propofol is. Michael told Murray he had been given Propofol before. Murray also stated Jackson called Lidocaine ‘anti-burn’ as it is used to stop the burning sensation from when Propofol is injected into the vein. Jackson stated without ‘antiburn’ Propofol is very uncomfortable. Murray said Michael used Propofol in Germany and many other places. Murray states that although Jackson never administered Propofol to himself the other doctors allowed him to infuse it into himself. Jackson asked to do this but Murray refused. Jackson said he loved to push it [the syringe].

Chernoff stated ‘milk’ was Jackson’s idea. MJ knew what it was, what to do and how to inject. Murray continued by saying Jackson knew it was the only treatment that worked for him. Murray was cautious about using Propofol as a treatment and thought it would be better to not use it and try to get Michael back into a normal sleeping pattern. Murray wanted to try to reduce the frequency that Michael used Propofol.

Police then asked who was Jackson's doctor was before Murray was hired. Murray testifies that MJ told him there were a few doctors in Germany he had used. At this point Murray stated that Michael's veins were sclerotic, clogged up and he could barely find sites for IV's. Michael had been given too many IV over time.

In March / April 2009 Michael called Conrad Murray to say he was in Las Vegas with his children to see a show. Michael told Murray he could not sleep. MJ asked if Murray could help him to sleep. Murray asked if Michael had any Lorazepam or Midazolam. Michael said they didn't work. Murray than stated that MJ told him he had meds from Dr Klein and Dr Metzger and they didn't work. Murray then told Jackson he didn't have anything he could offer. MJ then asked for Propofol. Murray asked Michael why we would ask for Propofol. Michael stated it was the only thing that worked. Murray told MJ that Propofol was not a medicine and he didn't have access to those sorts of products and it was a weekend so he couldn't order any.

Michael then asked if Murray knew Dr Adams. Michael told Murray that Dr Adams had given him Propofol in Vegas many times before. MJ then called Murray back with Dr Adams telephone number and requested Murray phone Dr Adams to ask if he could help him. Usually Dr Adams would take Michael to a plastic surgeons office. The office stated that Dr Adams and Jackson couldn't use the surgery unless MJ had a cosmetic procedure. Michael could be asleep whilst they do the procedure. Dr Adams could not get cosmetologist to open on that day so Conrad Murray allowed Dr Adams to use his office where he had oxygen, a crash cart and a pulse oximeter to treat Jackson. Murray testifies that he met them and then left them.

Murray stated when he returned to his office Jackson told him he felt wonderful as he had slept. Jackson said when he sleeps for 15 - 18 hours he feels good. Michael went on to say then when he is on tour he has trouble sleeping. He knew that 15 – 18 hours was too long a time for one doctor to monitor him so he would need two doctors. Murray was then asked if he wanted to be a part of this two doctor team. Murray stated he wasn’t sure but then agreed. Dr Adams was very keen to go to England and told Murray he was going to ask for $1, 2 or 3 million to do so. Murray also claimed that Dr Adams told him that Michael loved Propofol.

The tour in UK would be a year contract. MJ said he wanted Conrad Murray to be around forever. Jackson told Murray he wanted to open a hospital and for Murray to be the medical director.

Michael stops breathing

The police questioning then returned back to Jackson's bedroom on the 25th June 2009.  Murray stated he was monitoring MJ who was asleep but not snoring (so not in a deep sleep). Murray thought Michael might suddenly jump out of his sleep, as this was a regular occurrence. The police asked if Propofol needs continual administering. Murray stated it is dripped in slowly over time.

Murray then needed to go to bathroom so went on a 2 minute break. When he came back Michael wasn't breathing. Murray checked the pulse oximeter which gave a reading of a 122 pulse rate. Jackson’s body was warm and there was no change in colour so Murray assumed everything happened quickly. Murray immediately found a pulse in the femoral (groin) region. Murray started doing CPR and mouth to mouth resuscitation. Murray told police he did apply medicine but not at this stage. At first he wanted to ventilate and compress Jackson. He performed single man resuscitation. Murray says he saw MJ's chest rise and fall so knew he was getting oxygen into Michael.

Whilst doing this Murray looked for a phone. There were no working phones in the house. Murray stated to call 911 he would have to leave MJ. Murray couldn't move Jackson off the bed on his own so he improvised. The bed was firm but not firm enough to be effective. Murray put his hand under Michael's body to be able to give firmer chest compressions. Whilst doing this Murray used his cell phone to call Michael Amir, MJ’s PA. Murray states he told Amir to send security immediately as they had a problem. Murray didn't tell Amir to call 911 as Amir would worry about what was up.

Murray then lifted Michael's legs to put blood back to the heart. He continued CPR and mouth to mouth. He also got a syringe and Flumazenil as it is an antidote to Propofol. As Jackson also had Lorazepam and Midazolam in his system Murray needed to reverse the effects of them in case they were working together with the Propofol. Murray administered 0.2mg of Flumazenil straight into Jackson. He then continued chest compression to circulate the medication. Murray hoped the Flumazenil would reverse the meds and Michael would breathe. The Flumazenil didn't work.

Murray testified he then ran out of room and went to the kitchen. He saw the chef (Kai Chase) and said there is an emergency, get security. Security came and Murray said get 911. Murray confirmed the security was Alberto Alverez. Murray wanted Alverez to help him move MJ to the floor. After Alverez called 911 they moved MJ to the floor. Murray and Alverez did CPR and mouth to mouth until the paramedics came.

When the paramedics arrived they hooked MJ up to a pulse oximeter and intubated him. Murray states Michael was PEA (pulseless electrical activity). This means there is no need to shock patient. Instead they need to treat the underlying condition. Murray states the paramedics gave Jackson drugs; Atropine, epinephrine and bicarbonate.

Murray told police he wanted the paramedics to carry on. He stated he felt a femoral pulse soon after Michael stopped breathing. The paramedics didn’t think they could get Jackson back but Murray didn’t want them to pronounce Michael as dead.

Murray did chest compressions all the way into the ambulance. When they arrived at UCLA they went into the operating suite. There were lots of medical professionals present. They tried to save Jackson for an hour. Murray states that doctors at the hospital would have given up if Murray hadn’t of given MJ a ray of opportunity. They did everything they could for Michael but they couldn't get him back.

When pronounced dead Murray said he didn’t want to sign the death certificate as he didn’t understand what the cause of death was. No one knew why they couldn't get Jackson’s oxygen levels up. Murray told them they could not rule out pulmonary embolism (a blood clot). Murray recommended a post-mortem.

Murray told police 'I love Mr Jackson. He was my friend. And he opened up to me in different ways. I wanted to help him in any way I could. He was a single parent. You don't hear that in men'…'I loved him. We had a good relationship'.

Weaning off of Propofol habit

Murray told police that after joining the team Michael wanted nightly doses of Propofol. Murray would be there if something was to go wrong and to care for MJ. At this point Murray realised this could be a
habit. Murray stated if you are accustom to any agent it could become a dependency. He wasn’t aware of this before he started as he had never spent long periods of time with MJ. Murray also claimed he has never seen anyone addicted to Propofol.

Three days before Jackson's death Murray started to wean MJ off of Propofol. Murray did this with Michael's knowledge but Michael was reluctant. Michael was worried he wouldn’t be able to sleep. Murray told him if he could sleep more naturally it would be better for him. Michael said he just wanted to sleep. Murray could be certain he could get MJ to sleep but they needed to try.

On the first night Murray gave Jackson less Propofol plus Lorazepam and Midazolam. Michael slept for a reasonable time but MJ wanted long hours of sleep.

On the second night (the night before Michael died) Murray told Michael he had slept pretty well the night before. This night Michael couldn’t sleep. Murray then gave Michael Propofol. Murray told police this was because he cared about Michael and didn’t want to see him fail.  

The court was then adjourned.

Summary

Today was a very interesting and a major moment in the trial. In the audio recording of the police interview Conrad Murray seemed genuine. But we must remember that interview was conducted two days after Michael Jackson died, and as Ed Chernoff was there I assume Murray and Chernoff had decided what they would say before they entered. Nonetheless it does come across that Murray did not intend to kill Michael Jackson.

I also found it interesting that until this point I had viewed Murray as a bit of a bumbling idiot who had no clue what he was doing. During the interview Murray came across as a lot more intelligent and more qualified than previous testimonies or articles would suggest. Murray’s account also did seem to show that Michael was manipulative to get Propofol. He put a lot of pressure on Murray by saying the rehearsals and maybe the tour would have to be cancelled if he didn’t sleep. But just because a patient wants something doesn't mean you should give it to them (particularly if you are not trained in the field or in a clinical setting).

On the other hand there were many inconsistencies in Murray’s account. The biggest one being that Murray told police he only left Michael for two minutes to use the bathroom. Testimonies from mobile phone providers and various witnesses prove that Murray was on his phone. The court were told in the hour leading to MJ’s death Murray was on the phone for 46 of those minutes.

Murray also implied that he called paramedics rather swiftly considering the circumstances but the paramedics and phone records show Murray waited 20 minutes.

There was a few other comments Murray made that I found unusual. As Murray seemed to state that he didn’t think it was right that someone use Propofol if they were unable to sleep then why would he give Dr Adams access to his Las Vegas surgery to conduct this procedure? Why would Murray then agree to be Michael’s doctor and to carry out this procedure for two months?

Murray implied that pretty much as soon as he started working for MJ that he thought Michael may have a dependency on Propofol. Is this is the case why not inform anyone? Earlier in the trial we heard an audio recording of Frank DiLeo stating Murray needed to give Michael a blood test to ‘see what he is doing’. This implied DiLeo thought Michael had a drug problem. If Murray was pretty sure he did then why didn’t he mention this to DiLeo? Also when Kenny Ortega confronted Murray about Michael’s health and wellbeing Murray told Ortega that he was a doctor and Ortega should mind his own business, Jackson was fine. If Murray thought Jackson had a Propofol addiction then why didn’t he agree with Ortega and together they approach AEG?

I also found it interesting that Murray mentioned Dr Klein and Dr Metzger had given previous given MJ drug in his interview with the police. It seems this may be a tactic to pass the buck as one of the arguments the defence will being is that it was Dr Arnold Klein that got Michael addicted to drugs. Lest we forgot that over the years many doctors had been prescribing drugs to Jackson that he didn’t need and various doctors had administered Propofol to him. It seems unfair that Murray be the only doctor who is held accountable to this as it seem they all played apart. But at the same time this court case is about what happened on the 25th June 2009 which caused Michael Jackson to die. Under those circumstances Murray can be the only one accountable (although as I have previously mentioned a lot more people are culpable in this case. Murray is just the fall guy it seems)

I also found is quite disgusting and exploitative when Murray mentioned the cosmetic surgery office would only let Dr Adams use their surgery if Michael had a procedure. This further proves how vital it is that the US health care system be looked at. It is disgraceful that medical professionals are willing to not only perform unnecessary treatments or give unneeded drugs but in some circumstance even force treatments onto people just to make more money. This horrifies me. Of course Jackson was asking for Propofol but he was an addict and addicts will go to any lengths to get their fix. But it is a chicken and egg situation. Jackson would never have gotten addicted to Propofol unless doctors had gone against ethics and repeatedly administered it to Jackson when he didn’t need it.

The final part of Conrad Murray’s interview with the police is due to be played in court on Tuesday. It will be interesting to see how the prosecution act to this and hear Detective Scott Smith’s account.

There will be no court on Monday as it is a holiday in the US. The trial resumes on Tuesday.

Sophie Dewing

http://exploredreamdiscoverblog.blogspot.com/