MJ RIP- Source: DA to seek indictment of Jackson doctor

[gwen]

LOS ANGELES (AP) - Prosecutors are prepared to seek an indictment of Michael Jackson's doctor, Conrad Murray, on a charge of involuntary manslaughter in the pop star's death, the Associated Press has learned.

A law enforcement source who spoke on condition of anonymity because the investigation remains open said Friday that Murray would be prosecuted on a theory of gross negligence alleging that his treatment of Jackson was an extreme departure from the standard of care normally followed by physicians.

Miranda Sevcik, a spokeswoman in Houston for Murray and his lawyer, Edward Chernoff, said the doctor had no comment and reiterated he neither prescribed nor administered anything that should have killed Michael Jackson.

Jackson died at his Los Angeles home in June while under Murray's care as the singer prepared for an ambitious concert schedule.

The district attorney's office is waiting for the Los Angeles police to turn over the case before presenting it to a grand jury.

To prove a charge of involuntary manslaughter, authorities must show there was a reckless action that created a risk of death or great bodily injury. If a doctor is aware of the risk, there might also be an issue of whether the patient knows that risk and decided to take it.

Before an indictment can be sought, the person said the Los Angeles Police Department will follow the formality of presenting the case to the district attorney.

A large number of witnesses have been interviewed including those who were present during Jackson's last days and those who worked with him in preparation for his comeback concert, "This is It."

Authorities have also lined up medical expert witnesses who will testify about the normal standard of care in a situation such as Jackson's and will give opinions on why Murray's actions constituted gross negligence, the person said.

The investigation was substantially completed by the end of December, the person said.

Murray's professional history is expected to be explored during a trial with an emphasis on whether he had the required expertise in administering the powerful anesthetic propofol which is believed to have killed Jackson.

The timing of an indictment will be dictated by two factors - how long it takes for the district attorney's office to conduct an internal review of the evidence and when the grand jury will be available to hear the case.

The person said it was thought that it would be more efficient to go to a grand jury than to charge Murray and proceed by way of a preliminary hearing.

A presentation to the grand jury where witnesses testify behind closed doors could take three to five days.

Murray, a cardiologist with offices in Las Vegas and Houston, was hired by Jackson not long before the pop star's death to travel with him on the "This Is It" tour that was to begin in London.

The doctor was with the star in Jackson's rented Los Angeles mansion and tried to revive him when he was found unconscious.

Among the drugs found in Jackson's home was propofol, and a subsequent autopsy found that Jackson died of acute propofol intoxication.

Propofol depresses breathing and the heart rate and lowers blood pressure so it's supposed to be administered by an anesthesia professional in a medical setting.


http://apnews.myway.com/article/20100108/D9D3OF381.html

[gwen]

EXCLUSIVE INTERVIEW: Michael Jackson's Doctor Will Surrender, Says His Lawyer

Conrad Murray will travel to Los Angeles and surrender to law enforcement if charged in the death of Michael Jackson, his lawyer told RadarOnline.com in an exclusive interview.

"In the event of charges being filed in connection with Michael Jackson's death it would be much cheaper for tax payers if I am able to surrender Dr. Murray myself," Murray's lawyer Michael Flanagan tells RadarOnline.com.

"I am hoping the DA will make the right decision and allow me to do this."

Murray currently resides in Texas. There are rumblings that the Los Angeles District Attorney's office is preparing to criminally charge Murray in connection with Jackson's August 2009 death from "acute propofol intoxication." Murray admits he administered the drug to Jackson on the day of the singer's death.

PHOTOS: Dr Conrad Murray Returns To Work

Legal ace Flanagan is prepared for his client to charged as early as next week and would prefer to surrender his client rather than have law enforcement come get him.

"I believe the DA would be inclined to allow me to surrender him, but they have no control over the LAPD who have the final decision on what to do with Dr. Murray if he is charged," Flanagan told RadarOnline.com

"Dr. Murray is currently in Texas but if I am told by the DA to have him in a courtroom where he will be formally arraigned he will be there."

Flanagan also says he has had "very limited contact" with the DA's office and does not definitively know if Murray will be charged.

http://www.radaronline.com/exclusives/2 ... his-lawyer

[Arubalover]

I have very mixed feelings about Conrad Murray. Michael Jackson was a drug addict that would do anything for the drugs he wanted. I read that Conrad Murray administering the drug to Jackson wasn't illegal; he just shouldn't have left him once the drug was administered. If this is true, I would have a hard time convicting him at trial if I was a juror.

He made a mistake, but I don't think it was criminal.

JMO

[annie13]

I have very mixed feelings about Conrad Murray. Michael Jackson was a drug addict that would do anything for the drugs he wanted. I read that Conrad Murray administering the drug to Jackson wasn't illegal; he just shouldn't have left him once the drug was administered. If this is true, I would have a hard time convicting him at trial if I was a juror.

He made a mistake, but I don't think it was criminal.

JMO

If you ever have surgery, and are put under, are you going to tell the anesthesiologist it's ok to leave me alone while you go and make personal phone calls....or whatever?

It's a responsibility that he was being paid for, and obviously wasn't being responsible!

[Arubalover]

If you ever have surgery, and are put under, are you going to tell the anesthesiologist it's ok to leave me alone while you go and make personal phone calls....or whatever?

It's a responsibility that he was being paid for, and obviously wasn't being responsible!

That is where the negligence comes in. I just don't know if they will be able to convince a jury it was criminal negligence.

[Isanah]

That is where the negligence comes in. I just don't know if they will be able to convince a jury it was criminal negligence.

Criminal negligence comes into play because the patient died because of his actions in not properly monitoring him/her. It is criminal because as a doctor he knew the risks of a patient dying after being administered this drug. Murray can not claim ignorance nor a reason to have been unavailable when this particular drug was administered. Without Murray administering this drug, Micheal would likely have not died on his watch. Murray should be glad that he wasn't charged with voluntary manslaughter since he willing and knowingly gave a drug that requires constant and vigilant observation.

No matter what he argues, he administered a drug that should only be given under a controlled environment. One with advance life support had the patient suffered from respiratory depression. Which ultimately means having a way to artificially by having a ventilator keep a person alive if severe respiratory depression were to occur. On top of that he also knowingly provided drugs to a known addict. Remember that Murray also administered other drugs that can cause respiratory depression. He played with fire, and now he is getting burned for his negligence.

IMO, no matter how much Micheal wanted this drug, Murray flipped a coin of being responsible for his patient's death. There isn't one reputable doctor that would ever administer this drug outside of a medical facility. Murray could have put a revolver to Micheal's head and play roulette with Micheal's life with the same results. The result would be the same, Micheal's death by his hands. Murray played the game and lost! There are many doctor's in prison, some for life, because they wrote prescriptions for narcotics to drug addicts. Heck, they wrote on a piece of paper. They were convicted because they were criminally responsible in the writing of a prescription. If you could separate the two, giving a prescription to a known addict and simply writing a prescription, they wouldn't be in prison. Thus they were convicted because they wrote a prescription, and knew the person was a drug addict.