Conrad Murray Verdict: Audio Helped Sway Judge To Give Jackson Doc Jail

By ANTHONY McCARTNEY, Associated Press

LOS ANGELES -- The voice of Michael Jackson helped put the man who killed him behind bars.

It wasn't the familiar voice of hits such as "Billie Jean" and "Thriller," but the slow, slurring recording of the singer that was found on his physician's cell phone that helped convince a judge to sentence the doctor to jail for four years.

The four-minute recording was one of the blockbuster revelations of Dr. Conrad Murray's involuntary manslaughter trial, a previously unknown piece of evidence that revealed an impaired Jackson describing his ambitions and aspirations as his personal physician listened.

It was also one of the trial's most haunting moments, and stuck in the mind of Superior Court Judge Michael Pastor as he considered in recent days how to sentence Murray for causing Jackson's unexpected death in June 2009. It wasn't the only thing the judge considered – he unwaveringly assailed the cardiologist's decisions and ethics for nearly 30 minutes on Tuesday – but helped convince Pastor to give Murray the maximum sentence.

Jurors unanimously convicted Murray on Nov. 7, but it was up to Pastor on Tuesday to sentence the doctor and explain his punishment.

"Of everything I heard and saw during the course of the trial, one aspect of the evidence stands out the most, and that is the surreptitious recording of Michael Jackson by his trusted doctor," Pastor said.

Murray's attorneys never explained in court why the recording was made, and prosecutors said they do not know what substances Jackson was under the influence of when the audio was recorded six weeks before his death. Murray had been giving the singer nightly doses of the anesthetic propofol to help him sleep.

The doctor's time in a Los Angeles jail will be automatically reduced to less than two years due to laws imposed due to California's prison overcrowding and budget woes.

Murray, 58, will have plenty of time if he wants to consider Pastor's harsh rebuke of him. The Houston-based cardiologist will be confined to a one-man cell and kept away from other prisoners.

With Jackson's family and Murray's mother and girlfriend looking on, the judge called the doctor's actions a "disgrace to the medical profession," and said he displayed a "failure of character" and had showed a complete lack of remorse for his significant role in causing Jackson's death.

"It should be made very clear that experimental medicine is not going to be tolerated, and Mr. Jackson was an experiment," Pastor said. "The fact that he participated in it does not excuse or lessen the blame of Dr. Murray, who simply could have walked away and said no as countless others did.

"But Dr. Murray was intrigued with the prospect of this money-for-medicine madness," the judge said.

SEE PHOTOS FROM THE CONRAD MURRAY TRIAL:

Defense attorney J. Michael Flanagan said after the sentencing hearing that Murray made the recording accidentally while playing with a new application on his iPhone. He deleted it, but a computer investigator recovered it from the doctor's phone after Jackson's death.

Pastor said he believed the recording was made with more sinister intent.

"That tape recording was Dr. Murray's insurance policy," the judge said. "It was designed to record his patient surreptitiously; at that patient's most vulnerable point."

"I can't help but wonder if there had been some conflict between Michael Jackson and Dr. Murray at a later point in time in their relationship, what value would be placed on that tape recording, if the choice were to release that tape recording to a media organization to be used against Michael Jackson," Pastor said.

Pastor said Murray was motivated by a desire for "money, fame and prestige" and cared more about himself than Jackson.

After sentencing, Murray mouthed the words "I love you" to his mother and girlfriend in the courtroom. Murray's mother, Milta Rush, sat alone on a bench in the courthouse hallway.

"My son is not what they charged him to be," she said quietly. "He was a gentle child from the time he was small."

Of her son's future, she said, "God is in charge."

Jackson's family said in a statement read in court that they were not seeking revenge but a stiff sentence for Murray that would serve as a warning to opportunistic doctors.

"We're going to be a family. We're going to move forward. We're going to tour, play the music and miss him," brother Jermaine Jackson said.

Defense attorney Ed Chernoff implored Pastor to look at Murray's life and give him credit for a career of good works. "I do wonder whether the court considers the book of a man's life, not just one chapter," Chernoff said.

The judge responded: "I accept Mr. Chernoff's invitation to read the whole book of Dr. Murray's life. But I also read the book of Michael Jackson's life, including the sad final chapter of Dr. Murray's treatment of Michael Jackson."

A probation report released after sentencing said Murray was listed as suicidal and mentally disturbed in jail records before his sentencing. However, Murray's spokesman Mark Fierro said a defense attorney visited the cardiologist in jail last week and found him upbeat.

"That time is behind him," Fierro said.

What lies ahead for Murray is more flogging, with medical authorities in California, Nevada and Texas looking to strip his medical license and Jackson's father, Joseph, suing the physician for wrongful death.

Chernoff, who had advocated Murray receive probation instead of jail, said his client will forever live with the stigma of having caused Jackson's death.

"Whether Dr. Murray is a barista or a greeter at Walmart, he is still the man that killed Michael Jackson," he said.

___

AP Special Correspondent Linda Deutsch contributed to this report.

___

REMEMBERING THE KING OF POP:

Comments

[dbrett480]

02:31 PM on 12/08/2011

With limited jail and prison space, the judge should have also examined who wouldn't be occupying Murray's cell. If Murray was placed in an alternative sentencing program, his cell can be used by a gang member who is more likely to reoffend.

[SonyaInTx]

08:43 PM on 12/06/2011

....And to this day he has no remorse for filling MJ up with Propofol like a gas tank. I wish the judge could have locked him under the jail and thrown away the key...

[Cate York]

09:23 AM on 12/01/2011

Judge pastor echoed my thougts. Thank you Judge Pastor.

[Rascal7]

05:24 PM on 12/01/2011

Me too as it was the one thing that really stood out. It was an insurance policy to later use against MJ for more money, no doubt and the judge thought the same as me.

[The Dude67]

06:33 AM on 12/01/2011

like blaming a second class porter for the sinking of the titanic.

[who38]

04:19 AM on 12/01/2011

I agree that the audio was frightening. But where was Michael's family while all of this was going on? Out spending his money? Whenever I see a picture of Michael's children, I am reminded of Gary Coleman and the "care" he was given by his family and friends. Somehow the sight of Kathryn, Jermaine (aren't his kids freeloading at Grandma's house?) and Janet don't make a sympathetic picture. Poor Michael, having to pay for the living expenses of this group would give anyone insomnia.

[bipolarbears60]

06:21 AM on 12/01/2011

They weren't allowed in the house. MJ wouldn't take their calls. In any case, no one can force an adult into drug re-hab (or anything) unless they can get them declared incompetent by a court and receive guardianship.

[who38]

09:46 AM on 12/01/2011

I can understand why.  He probably thought that they would steal the furniture.  IMO, Michael had so many obligations that he felt that he could not go into re-hab.  And, somehow, I think that most of family members, and, certainly his business associates, agreed with his decision.

[Rascal7]

05:24 PM on 12/01/2011

This is not true.

[AlaskanWannaB]

07:36 PM on 12/01/2011

The last time I checked MJ was an adult. What could the parents do. Some of the family attempted an intervention. MJ was set against it.

[SADDLEWOOD]

09:36 PM on 11/30/2011

The actions of this physician are truly a good "bad example" with regard to the practice of medicine.

There has been much media discussion , public comment, and out cries from the family and friends of Michael.

Isn't it strange that so many who were closest to Michael never intervened to stop the abuse and answer his plea for help. While it is certainly true that Dr. Murray failed him, so too did his closest friends and family. They knew; they all knew and they are on the record as having admitted their knowledge. So the true question is not "who" is guilty but "how many" are guilty in the case of Michael's untimely death.

[who38]

04:20 AM on 12/01/2011

Exactly. IMO, Kathryn and Joe should not be administering Michael's estate. I fear for his childre.

[bellabeach]

03:16 PM on 12/01/2011

Agree!!

[smokeedaclown]

07:23 PM on 11/30/2011

This so called doctor knew the risk and he is totally guilty of causing the death of M.J. He will serve no time and that is B.S. he should have been charged and convicted of manslaughter and went to prison for at least 15 years.

[bipolarbears60]

06:22 AM on 12/01/2011

He was charged and convicted of manslaughter.

[Cate York]

09:22 AM on 12/01/2011

That's not correct either. Dr. was charged and convicted on involuntary manslaughter.

[ummm]

06:23 PM on 11/30/2011

Judge Pastor said Dr Murray cared more about himself than his client (giving Jackson what he wanted and risking losing his license, in this case, seems contradictory to that). Couldn't the same be said about most professionals who care more about their practices and credentials than their customers, including the judge who could put his money where his mouth is and publicly oppose warrantless wiretapping if this surreptitious recording is so predominately objectionable.

[ummm]

06:14 PM on 11/30/2011

Judge Pastor said Dr Murray cared more about himself than his client- the same could probably be said about every other professional who cares more about their practices and their licenses than their customers and the judge who could put his money where his mouth is and use his position to oppose warrantless wiretapping.

[KellyRyan]

11:08 AM on 11/30/2011

It was obvious to those of us who watched the trial Judge Pastor would give Murray the maximum sentence. Interesting footnote from juror number five who said the recording had no meaning to them during deliberations. Pastor had his own agenda, "a lecture to the medical community of California," which will change nothing. Concierge medicine will continue on as before.

[gavrielle]

12:07 PM on 11/30/2011

Concierge medicine may continue, but one would hope that doctors involved in the practice will be a bit more circumspect in how they treat their patients. Which was the point of the lecture and entirely appropriate.

And of course the judge had an agenda. He no doubt sees his own physician on a regular basis. Don't you think they spoke on the subject? My brother-in-law is a cardiac surgeon, who has certainly had occasion to use Propofol in an appropriate setting, and he was simply appalled by Murray's total disregard for his patient's life. If anyone should have known how NOT to kill their patient it's a cardiologist. Jackson was far too weak to withstand the levels of drugs Murray pumped into his system. At the very least MJ should have been hospitalized after he collapsed and then placed in a sleep clinic for his insomnia.

It is my personal opinion that it is more than likely that Murray was actually causing the insomnia with his treatment, rather than attempting to cure it as he claimed. Exhaustion makes you vulnerable and weak. It's much easier to control someone via sleep deprivation than it is when they are wide awake and healthy. That's why it's used as a form of torture to extract confessions.

[KellyRyan]

07:50 PM on 11/30/2011

The causation of Jackson's insomnia was more than likely his ongoing use of Demerol which Murray did not administer. Per admission into the trial records, Dr Arnold Klein was giving Jackson Demerol as frequent as seven days per week, (again, part of trial testimony).

Jackson was seeking medication from a variety of doctors. It's an unfortunate circumstance for any doctor dealing with drug addiction is he/she is left with the patient's word coupled with their own physical/psychological assessment.

Concierge medicine is outside the scope of usual physician practice. Insurance company's, hospital or clinic regulations do not apply. This is a contractual agreement, between two parties, paid in cash.

It's my opinion Jackson did not belong in a clinic dealing with sleep disorders but in a rehab to detox and deal with substance abuse. Once detoxed he would then receive psychological counseling as well as treatment for pain management and any sleep disorder issues.