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/
