theGrio

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Politics
  • Business
  • Living
    • Health
  • Inspiration
    • Good News
  • Entertainment
    • Music
    • The Dish
  • News
    • Education
    • Sports
    • Black History

Entertainment

  • Drake in GQ (file photo)

    Drake gets 'Punk'd'

  • Tim-Duncan-Dominant

    Where is the love?

  • Michael-Jordan-Bobcats

    A cry for help

  • African-American couple fighting

    Are ‘good’ men single?

Lawyer for Jackson's doctor says no plea bargain

by theGrio | April 16, 2010 at 3:15 PM
Comments
Print
murray.jpg

LOS ANGELES (AP) — The lawyer for Michael Jackson’s doctor says there will be no plea bargain in the involuntary manslaughter case, though he worries whether an impartial jury can be seated for a trial in the death of one of the world’s most famous and idolized entertainers.

The case against Dr. Conrad Murray is complicated, involving drugs, dosages, medical protocols and other complex issues. Defense lawyers and prosecutors are crafting their legal strategies ahead of a summertime preliminary hearing where much of the evidence may become public.

Already, potentially damaging information about Murray has been revealed.

An autopsy report found Jackson died from an overdose of the powerful anesthetic propofol. In a statement to police, Murray acknowledged giving Jackson the drug and other sedatives to help him sleep, then briefly leaving his bedside. Cellular phone records show he made at least three personal calls around the time Jackson was stricken.

A Jackson employee who said he was in the room while Murray worked to save the pop star told police the doctor interrupted CPR to collect drug vials.

Murray maintains his innocence, and his lawyer, Ed Chernoff, has said nothing that he gave Jackson “should have” killed him. Chernoff noted the Jackson employee gave a different version of events to police in another statement.

“You may find after you are done watching the trial that it is not nearly as cut and dried as has been presented,” Chernoff told The Associated Press in a recent interview. “One thing that simply will never be the truth is that Dr. Murray pumped a bunch of drugs into Michael Jackson and walked out of that room. He’s not that kind of guy.”

The King of Pop was 50 when he died on June 25 in his rented Bel Air mansion, on the brink of a series of comeback shows in London. Murray, a 57-year-old cardiologist with practices in Houston and Las Vegas, was hired by the superstar to look after his health during the rigorous rehearsals and planned to accompany Jackson to London.

Deputy District Attorney David Walgren will seek to prove the doctor acted with “gross negligence” when he gave the singer propofol to help him sleep.

The anesthetic is supposed to be used in hospital situations for surgery and patients are to be monitored constantly by anesthesia professionals. The drug’s effects are intensified when used in conjunction with other sedatives.

Prosecution experts are expected to say it was reckless to use it in a private home without proper equipment.

TMZ has reported that among the defense strategies being discussed is the possibility Jackson administered the fatal dose himself. Chernoff declined to discuss how he might defend Murray and said a final decision won’t be made until he hears the prosecution’s theory at the preliminary hearing.

Regardless of what prosecutors present, he said there will be no plea bargain.

“Plea bargains are for guilty people,” he said.

Realistically, there’s little incentive for either side to push for a plea bargain.

Prosecutors brought a relatively minor charge with a maximum sentence of just four years, so there’s not much room to negotiate down.

“The district attorney didn’t overcharge the case,” said celebrity attorney Harland Braun, whose clients included Dr. Allan Metzger of Los Angeles, an internist and rheumatologist who had a close relationship with Jackson and was godfather to one of the singer’s children. “They are charging what they think they can prove.”

Murray already is deeply in debt and pleading to a felony would open him to liability in a civil damages trial. The Jackson family has spoken of suing Murray for wrongful death.

To gain a conviction at trial, prosecutors will have to walk jurors through Jackson’s complicated medical history as well as the events leading up to his death. That will be crucial, said Ellyn Garafalo, a prominent defense attorney who is representing a doctor charged in the Anna Nicole Smith drug case.

“The biggest hurdle they have is to show whatever Dr. Murray did caused Michael Jackson’s death,” she said. “They’re going to have to say he knew or should have known that what he did could have resulted in death.”

An element of the defense theory, Braun said, may be that Jackson was a demanding patient who insisted on propofol, a drug he had taken for a long time.

“The defense theory is Michael Jackson needed it, wanted it, knew the danger and took the risks,” Braun said.

Garafalo said that while such an argument can be made in an effort to persuade the jury, it is not a legal defense.

“It’s like saying I asked someone to shoot me and he did, so he’s not guilty,” she said.

Prosecutors will argue that the doctor bears the ultimate responsibility for his actions and can’t be absolved because the patient may have pressured him to do something he should have known was dangerous.

Jackson’s celebrity is sure to influence the case and Chernoff worries about seating a jury.

“There is a real concern that we have about getting a group of jurors that are going to come into court and are not going to have any preconceived notions of guilt,” he said.

But publicity in this case is everywhere, he said, so seeking a change of venue is unlikely.

“The problem is we have this around-the-world stuff,” said Chernoff. “Even in the O.J. Simpson trial, people in Uganda didn’t care about it. But in this case, they care in Uganda and everywhere else.”

Copyright 2010 The Associated Press.

Filed in: Entertainment, News, Top Stories | Related Topics: Conrad Murray, Manslaughter, Michael Jackson, Overdose, Propofol
  • Top Stories in Entertainment

    • Slideshow: Black celebs living with diabetes Slideshow: Black celebs living with diabetes
    • Slideshow: Cee-Lo’s most ‘crazy’ costumes Slideshow: Cee-Lo’s most ‘crazy’ costumes
    • Black superheroes shine on the big screen Black superheroes shine on the big screen
    • Slideshow: Hip-hop stars who have found religion Slideshow: Hip-hop stars who have found religion
    • WATCH: Tami Roman breaks down on ‘Wendy Williams Show’
    • First look: Andre 3000 as Hendrix
    • Why is Meagan Good staying celibate
    • Justin Bieber reportedly training with Mike Tyson
  • New Stories on theGrio

    • Should Diddy’s son accept a scholarship to UCLA? Should Diddy’s son accept a scholarship to UCLA?
    • Emory acquires rare African-American photos Emory acquires rare African-American photos
    • Anti-Obama video airs on ‘Fox and Friends’ Anti-Obama video airs on ‘Fox and Friends’
    • Chaka Khan’s weight loss from protein diet Chaka Khan’s weight loss from protein diet
    • MediaTakeOut claims Beyoncé is pregnant again
    • Michael Jordan’s son ‘accidentally’ tweets porn star
    • Tyler Perry slams reports of Bobbi Kristina walking off show
    • Homeless Cleveland student earns scholarship to Harvard
  • LIKE TheGrio

  • Hot on Facebook

  • Category Cloud

    Atlanta Black History Business Chicago Detroit Education Entertainment Health Inspiration Living Los Angeles Miami Money News New York Opinion Philadelphia Politics Reviews Service and Activism Slideshow Sports TheGrio's 100 TheGrio's 100 Women Top Stories Travel and Leisure Video Washington DC
  • More from theGrio

More Stories on theGrio

Top News

Politics

  • casual-phone-call-obama.jpg

    Obama congratulates Mitt Romney

  • Obama's $1 billion problem

  • First lady dicusses president's past drug use on 'Daily Show'

  • Campaign 2012: 5 key factors to watch

» Read More in Politics

Business

  • Blacks in tech

    VC fund seeks minority tech start-up stars

  • KFC recipes revealed in new book

  • Black Enterprise celebrates largest black companies

  • Facebook unveils Instagram rival

» Read More in Business

Living

  • Daisy Bates

    Female civil rights hero remembered in new documentary

  • Black celebrity hairstylist Ted Gibson talks tresses

  • 'Bigorexia': When bigger isn't better

  • 'American Grown': First lady debuts as author

» Read More in Living

Inspiration

  • This video image taken from SABC television shows South Africa's former president Nelson Mandela as he receiving a torch to celebrate the African National Congress' centenary from ANC chairperson Baleka Mbete, unseen, in Mandela's home village Qunu in rural eastern South Africa Wednesday May 30, 2012.  (AP Photo/SABC via AP video)

    Mandela celebrates 100th anniversary of African National Congress

  • Obama honors Medal of Freedom recipients

  • June 7th marks anniversary of Plessy's arrest

  • St. Louis teen goes from homeless shelters to Ivy League

» Read More in Inspiration

Entertainment

  • Alison and Mariah Carey

    Mariah Carey’s older sister Alison begs to reunite

  • Terrence J and Rocsi are leaving '106 & Park'

  • Arsenio Hall in talks to host new show

  • WATCH: YouTube star covers Adele's 'Someone Like You'

» Read More in Entertainment

News

  • Marcus-Jordan-Tweets

    Michael Jordan's son 'accidentally' tweets porn star

  • Venus WIlliams ousted at French Open

  • 3 black workers find noose in front of locker

  • United Continental sued by black pilots

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Business
  • Living
  • Inspiration
  • Entertainment
  • News
  • Help
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2012 NBCUniversal
Powered by WordPress.com VIP