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Charles Feldman

Charles Feldman

Posted: February 9, 2010 03:41 PM

I am a veteran.

Not of any wars. But I am a veteran of having covered not one but two O.J. Simpson trials (criminal and civil); one Robert Blake trial; and, one Michael Jackson trial. I think I know how defense lawyers think and have dealt with the best and worst of them. I also have a pretty good take on how prosecutors operate.

So, I will tell you right now and with no fear of contradiction: Should Dr. Conrad Murray's case on involuntary manslaughter charges ever go before a Los Angeles jury (and more about that a bit later), the doctor's defense lawyers, if they are any good (and I think his current one is!) will no doubt try and turn the trial into a prosecution of Michael Jackson.

Lawyers for O.J., in his criminal trial, zeroed in on the LAPD; while lawyers for Robert Blake took aim at his dead wife's, shall we say, "background."

I'm afraid that Michael Jackson's life is ripe for the defense picking.

Dr. Murray has pleaded not guilty to the charge against him. And, it is telling that, despite considerable pressure from Jackson's family and fan base, the Los Angeles County District Attorney correctly opted for the least possible criminal charge they could go for, involuntary manslaughter--which history shows is often the most difficult charge to actually prove in a court of law. Even if convicted, the maximum sentence is four years.

An eight month investigation....a relatively light criminal charge. (If any criminal charge can ever really be thought of as "light"?)

The California state Medical Board is reportedly considering whether to suspend Murray's medical license, but that would only stop him from practicing in California. He practices in Texas and Nevada, too.

Jackson's father, Joe, went on Larry King to say that "I was looking for justice, and justice, to me, would be a murder charge."

He went on to tell King, referring to Dr. Murray, "To me, he's just a fall guy. There's other people, I think involved with this whole thing."

On that, the senior Jackson may have a point, but not for the reason he thinks.

He seems to be implying some sort of sinister murder conspiracy aimed at his son, without offering, I hasten to add, any evidence, though that seldom stops talk shows from exploiting such comments for dramatic effect, not to mention ratings.

But should this case go to trial, the doctor's defense lawyer (lawyers?) will no doubt try to paint a picture of Michael Jackson that his family, and certainly his own children, may not wish to hear: That the singer was apparently an addicted drug addict (certainly it would seem to the surgical anesthetic propofol); that many, many doctors before Dr. Murray was even hired contributed to the deceased superstar's addictive personality and lifestyle (not to mention who knows how many drug stores that gladly filled prescription after prescription, made up names or not); and, I'm afraid to say, even Jackson family members who may have, over the years, acted as enablers, all in the name of keeping the Michael Jackson performing machine going at full steam ahead, will probably become part of the defense argument.

Yes, Joe Jackson is probably correct. Other people are involved in the singer's untimely death. In one way or another.

That is why I think it is probably in the best interests of justice, and Michael Jackson's reputation and legacy, that this case never go to trial. Dr. Murray is not likely to know all the previous medical people who played a role in Michael Jackson's addiction. Jackson's family and fans probably do not need to have Jackson's name dragged through the LA mud once again, as certainly it will be during any trial.

I understand that Dr. Murray wants to clear his name. He certainly enjoys the cloak of innocent until proven guilty that our criminal justice system provides. But if I were a prosecutor, I would push hard for a plea bargain, one that would strip the doctor of his ability to practice medicine. The poor doctor was apparently just the last link in a very long chain that, unintentionally, led to Jackson's death. It seems unfair to him that he should shoulder the entire burden. By the same token, Michael Jackson was, indeed, a victim, but one whose own hands had some blood on them. His small children have suffered enough. Do they really need to hear all the sordid details that will surely emerge about their dad's lifestyle should this case go to trial? I, for one, don't think so.

Charles Feldman is a journalist, media consultant and co-author of the book, "No Time To Think-The Menace of Media Speed and the 24-hour News Cycle." He has covered police and politics in Los Angeles since 1995 and is a regular contributor of investigative reporting to KNX1070 Newsradio.

 

Follow Charles Feldman on Twitter: www.twitter.com/cfeldman1

I am a veteran. Not of any wars. But I am a veteran of having covered not one but two O.J. Simpson trials (criminal and civil); one Robert Blake trial; and, one Michael Jackson trial. I think I know ...
I am a veteran. Not of any wars. But I am a veteran of having covered not one but two O.J. Simpson trials (criminal and civil); one Robert Blake trial; and, one Michael Jackson trial. I think I know ...
 
 
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10:23 AM on 02/16/2010
After years of literal torment by the press, and their counterparts, I find it laughable that they would NOW be wanting to spare Michael Jackson any more torment. Ever since I can remember Michael Jackson has been a punch line for the media. Dragged through the mud of public opinion and stoned to death as a result.

This man and his family (mainly his children) have been through enough. I don't want this trial to become a referendum on "well he asked for it"! How utterly arrogant of Dr. Murray to think that he did nothing wrong. I am a health care worker and am utterly appalled at the treatment that was provided to Michael while he was dying. This is a very easy case to prove criminally negligent homicide. The autopsy alone proves that there were no other drugs in Michaels system except the ones he was given by Dr. Murray. And for him to say what he gave him shouldn't have killed him is utterly irresponsible and stupid. And medical professional knows that with the medications that he was giving Michael that there is always a chance of death caused by respiratory depression leading to cardiac arrest. I don't know what disgusts me more, Dr. Murrays utter lack of regard for his pt or the need to drag a person he claimed was a friend even further through the mud just to save his own ass.
05:54 AM on 02/14/2010
Debates about whether Mr Jackson ‘asked’ or ‘paid’ for the treatment he received are irrelevant. Michael was not a doctor, he had no degree, and he had no letters after his name.

Doctor Murray, however, did. And It was within his scope, remit and responsibilty to determine whether or not his treatment would help or hinder his patient – not the other way round.

Muddling the issue with talk of Michael being part-guilty is residue 'It's Michael, so it's his fault' stigmatization the media still seems unable to help itself from peddling.

Anyone who ever suffered with chronic insomnia knows how utterly horrendous it is, and I am sure Michael tried many, many options over the years.
08:00 PM on 02/11/2010
Michael Jackson had a medical condition that he wanted to be dealt with and had the money for it, so he hired a medical professional who he trusted to do what doctors are supposed to do,at least not harm. This doctor turned out to be a complete quack, the authopsy report is clear , cause of death is unambiguous. Why because he is Michael Jackson and he has money, which seem to be the big deal with many critics, is he not entitled to be protected from malpractise by an incompetent doc. Im not an expert on presmed addiction like many of the posters here who are either sure he was or sure he wasnt, but if indeed he was an addict, does that justify the way he was treated, does he deserve to die? Even if he was,(the authopsy report does not proof that), addiction is an illness as is insomnia. A competent doctor would know how to handle it, and if not , not accept the job. A crazy world it would be if every professional was excused for unethical conduct because a client, patient etc, asked for it.. MJ endured the uggliest accusations, scrutiny, ridicule and what not most of his life and still today. His kids and family are also part of it. .Cant get any worse. At least once justice should be done to him. so let the case go to trial and the doctor get the punishment he deserves.,
05:46 PM on 02/11/2010
What I really want to know is why are certain people in the media sticking up for this 'so called' doctor and trashing Jackson?? The doctor is the one with the medical degree, not Jackson. The doctor calls the shots, not the patient. There does seem to be an agenda in the media against Jackson. Read the autopsy, it clearly says that the standard for propofol was NOT MET. Also, where are this doctor's peers, I have not seen one of his PEERS vouch for his integrity as a physician. NOT ONE. There was a "Dateline" special on last week. Josh Mankiewicz (sp?) did not have on any of Murray's peers to vouch for Murray as a good doctor. He only put on 3 patients. What hospitals is Murray affiliated with? I have yet to see any investigative reporting on this doctor.
08:47 AM on 02/11/2010
Mr. Feldman, you have raised some very valid points in your above article, however, they are raised from the perspective of scoping 'the whole" while not regarding the most integral part, which is.. "fall guy" or not...Murray's lack of competence and judgment as a doctor coupled with Michael's need for sleep, having the money /where with all to get what he wants, history of addiction, and power ultimately resulted in his untimely death. The bottom line is: Dr. Murray is a licensed, practicing Dr. whose job was to protect the patient..addicted or not..from himself. Making a decision to use a powerful drug for the patient to sleep is ludicrous..especially if Dr. Murray understood the ramifications of using such a dangerous, powerful drug OUTSIDE of a hospital (Dr. Murray didn't have the correct equipment incase something did go wrong and he didn't know how to do CPR correctly..ESPECIALLY being a HEART doctor) I don't care if he was paid $300,000 a month..he had a RESPONSIBILITY to his patient..and that, my friend, should be positioned as a catalyst for a MURDER conviction and not a "dance" around the law. It seems to me that you are bascially saying that the defense, right or wrong, will try to win this case by going through "law loop holes." It will have nothing to do with the life that was lost and the decisions by the hands that took it.
07:21 PM on 02/10/2010
Michael Jackson did not get what he wanted. He wanted Dr. Murray to monitor him and protect him, that’s why he hired Murray. He knew he couldn't self medicate.
And I agree with others that his past life should have no bearing on this. The people who were around him in the last months say they saw no evidence of drug use. However, it really does not matter if it was the drugs that Murray gave him that killed him, and that's what the autopsy says and Murray has admitted to.
Also, I read in one article that his kidneys and liver were healthy and normal that doesn’t sound like a drug abuser; again it really doesn’t matter since it was Murray’s drugs that killed him.
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NorthSide
03:04 PM on 02/10/2010
What Jackson's family wants is irrelevant. Involuntary manslaughter is a felony, and the doctor is being tried not by the Jacksons but the state.
01:30 AM on 02/10/2010
Murray admitted giving the propofol to Jackson. He admitted his guilt. Murray did not follow medical protocol. He's guilty. It doesn't matter what his patient asked him for. I have read medical blogs and every doctor on them say that the doctor was an incompetent idiot. Also, I read the autopsy. The only drugs in Jackson's body were the ones that Murray put in his IV line. Other then some asthma medication/inhaler. Also, Jackson's fans don't care about his past drug use, they want justice. Also, Murray's medical license needs to be revoked in CA, Nevada and Texas. He belongs in prison. Anyway his life is pretty much over, he is deeply in debt, he owes child support for 7 kids, his face is all over the news, etc. Murray rolled the dice and lost, he should have stayed in Vegas, he would have had better odds. I have yet to see any of his peers vouch for his integrity. There was a Dateline show on last Friday and they could only find 3 patients to say he was a good doctor. Where are his peers??
10:55 PM on 02/09/2010
As a professional, the doctor shouldn't have administered a dangerous operating room anesthetic in a home setting, without the proper monitoring equipment. He should have called 911 when he found his patient not breathing. Instead he spent an hour and a half on the phone with his employees and/or accomplices and his latest baby mama.

Stop repeating the meme that Michael Jackson was a drug addict. It's not borne out by the autopsy - MJ's vital organs were in excellent shape and the only drugs in his system were those administered by Murray. No one could have survived the ministrations of Conrad Murray, no matter what their physical condition.

It's laughable to think that Michael Jackson's family and fans are afraid of anything the defense may bring up in court. This is a man whose home was raided by 70 law enforcement officers, on the word of proven liars. The "justice" system stripped him naked and forcefully photographed his private parts. Even in death, the disrespect shown Michael Jackson is unprecedented - almost every night, cable news trots out some peripheral figure in MJ's life to trash his existence.

Stop blaming Michael Jackson or his family for his death. I'm with Joe Jackson and La Toya on this one - there are others involved. The involuntary manslaughter charge is a travesty. But at least it is a charge. Conrad Murray needs to pay for what he did.
11:42 AM on 02/10/2010
There is nothing unvolontary about a doctor supplying and recklessly administering a patient potentially lethal doses of a dangerous operating room anesthetic. No matter how insisting the demand from his patient may have been, no matter how extravagantly high his salary may have been, he, never, never, should have yelded in. He definitely was the one who had to have a clear sight of the situation, non mentioning the fact that there were three young children involved in it.
10:12 PM on 02/09/2010
what does MJ life BEFORE the 'doctor' came into it have to do with anything?
07:45 AM on 02/10/2010
Good point!
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KellyRyan
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10:02 PM on 02/09/2010
We have today, "concierge medical practioner's." For a fee these docs provide expedited, personal services to their clients. MJ's situation was not any different. He contracted for a fee, was complicit in the act of acquiring medications.

Murray may or may not plead out. Who would be willing to pay for his silence, or lack thereof is the defining question.

The Jackson family I find foolish. They continually blame others while avoiding personal responsibility.
07:49 AM on 02/10/2010
It is nonsense to suggest plea bargaining in this situation! Michael Jackson's death was and still is an enormous outrage. As the case goes to trial, we are going to hear what led Michael Jackson back into dependency on propofol, which he had not used in years while bringing up his children. His family is not foolish for wanting to pursue this matter and their son and brother's death is not their fault. I am so sick of hearing the term "drug addict' bandied about in reference to MJ, and even sicker of hearing stubborn and ignorant people baying about how he got what he wanted. He must have suffered levels of insomnia that ordinary people know nothing about, not only because of the pressure to perform and the powerful stage lighting under which he rehearsed and performed for long hours over decades, but because he also suffered from lupus. And this doctor- how incredibly foolish to tinker with not one but several sedatives while also administering an anesthetic.
12:59 PM on 02/14/2010
"Administering to an addict" has to do with the benzodiazepines found in his system. That he couldn't sleep after being administered lorazepam, diazepam, midazolam in those concentrations denotes clearly a very high tolerance. Nobody of us should try this at home. And you don't treat anyone's insomnia with propofol. Both Michael and Murray knew that.
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NABNYC
05:01 PM on 02/09/2010
As a professional, this doctor should not have used his licensed to provide drugs to a man who was clearly a drug addict. So professionally, he should lose his right to practice medicine. As should so many of the drug-dealers who are doctors in our country, and there are many of them.

But there is always a problem of the victim's consent, or the victim's request that the drugs be provided. Should the doctors have known that this amount of drugs would kill, or there was a substantial likelihood of great bodily harm? I would say yes. But Michael Jackson wanted the drugs, and requested them, and apparently told his doctor that he had used them before without consequence.

Michael Jackson was a drug addict, which is a terrible shame. And this doctor should not have used his professional license to help provide drugs. But I think ultimately a good part of the responsibility lies on the deceased. Tough case.
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JimmyD
06:50 PM on 02/09/2010
I agree. And if it didn't happen on this doctor's watch, it would been on the next one or the next one.
Micheal got what Michael wanted. I f this doctor had told him "NO," he would have been tossed out and a doctor who would get the drugs would have been brought in.
10:02 AM on 02/16/2010
Well maybe what you are saying is true in that he would have found another doctor to administer the Propofol. And I wished he had because maybe THAT Dr. would have used the proper equipment and technique to administer it and he would still be alive today!