Conrad Murray (Michael Jackson) Trial: Bad Facts For The DefensePosted: September 29, 2011
Bad Facts for Dr. Murray:
No consent form to administer sedative drugs. Mix of drugs administered were fatal. No life-monitoring or life-saving equipment in the room. Delayed 911 call. 911 call not made by Dr. Murray. CPR done on the bed. One-handed CPR. Murray has vials gathered up and put in a bag before paramedics get there. Murray doesn’t tell paramedics or ER doctors that he gave Michael propofol. Murray tells police much later about the propofol.
Can Defense overcome the bad facts?
As an attorney who has tried over 100 jury trials and one who trains attorneys on trial skills, what a defendant does and says carries great weight with a jury. Do these facts point towards innocence or guilt? I don’t think a “battle of the propofol experts” can overcome these bad facts. Besides, propofol is only part of the story. There were several other drugs that Murray gave Michael. The cause of death was the fatal mix of the drugs. What’s the defense for the fatal mix? The “weaning” Michael off drugs defense is simply not believable and only “excuses” the propofol. What’s the defense for the other dangerous sedatives given to Michael by Murray?
To accept that Michael gave himself the fatal doses of propofol and the other sedatives is simply too big of a pill to swallow. Sure, this defense succeeded when Defense Attorney Flanagan defended a nurse accused of involuntary manslaughter for the death of an 80-year-old patient. But, this case has entirely different facts and the facts do matter.
The defenses strategy, blaming the victim, is a common strategy, however, if the jury believes that Michael was an addict, it will backfire. What kind of doctor gives an addict drugs? Having to give Michael several sedatives with an anaesthetic drug (propofol) indicates the high tolerance of an addict.
On these bad facts, in my opinion as a former prosecutor, Murray could have also been charged with murder. If the bad facts continue, propofol won’t help Murray. It clearly didn’t help Michael.
Simply my opinion, what say you?