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Earl Ofari Hutchinson

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Dr. Conrad Murray, Not Michael Jackson Is on Trial

Posted: 09/30/11 06:55 PM ET

Dr. Conrad Murray's defense, his only real defense against the charge of involuntary manslaughter of Michael Jackson, is a simple one. He says that Jackson in effect killed himself. That he was so hopelessly drug addicted that he pumped himself up with the fatal drug or combination of drugs that killed him. The unstated is that given Jackson's world renowned aloofness and eccentricities, his self-destruction was all but foreordained. With anyone else and in any other circumstances, this would be a laughable defense. The indisputable fact is that Murray is a trained physician. He was hired by Jackson specifically to administer and supervise his medications and medical care. He did not say no to Jackson's continual use of the potentially lethal drug. He did not summon medics immediately when Jackson went into his fatal coma. No matter how self-destructive and on the edge one may want to believe that Jackson was, and that he did have a long history of drug use, it's the wildest stretch to hold a patient responsible for his own death with his doctor literally in the next room.

But Jackson is not just any patient. Since the day he was hauled into court in 2005 on child molestation charges and the day, months later, he was acquitted on all counts in the case, Jackson's name has been synonymous with controversy. The acquittal in the child molestation charge meant nothing to millions. Many still quietly whispered and many others openly slurred him as a child molester. His deep withdrawal from public view after the trial did not stop the endless swirl of malicious questions about his actions, motives, and alleged perversion.

His death didn't change things either. Millions of Jackson fans mourned, agonized, and were infuriated by his death. Countless others dredged up, and hurled the same old, vicious accusations at Jackson as a freak, kook, and, of course, child molester.

President Obama walked a fine and circumspect line in reacting to Jackson's death. He sent the ritual condolences to Jackson's family. But he also made veiled references to Jackson as a controversial figure when he noted that there were aspects of his life that were sad and tragic. The White House did not issue any formal statement on his death and when then White House press secretary Robert Gibbs was asked why there was not one, he testily replied, "Because I just said it." That officially ended the Jackson matter for the White House. Other politicians had no such reservations. They openly pilloried Jackson even slandering him as a "pervert" who did not deserve any public acclamation, but disgust.

Jackson's name, fame, and controversy are plastered all over what goes on in and outside the courtroom in the Murray trial. There are the tearful and heartfelt reminiscences and reminders from fans and court observers about Jackson's towering importance to the music and creative artistry world, and his continuing rapturous influence on millions. The legal experts meanwhile endlessly speculate on the evidence in the case and whether it measures up to the high bar of criminal culpability.

Ultimately, Murray's legal fate and Jackson's celebrity name will rest in the hands of the jurors. Both are connected because not one of the jurors selected dared plead ignorance of not having heard of Jackson. The prosecutors and defense attorneys didn't go there and try to determine the depth of the juror's pro or anti Jackson bias. Some of the jurors made it clear that they were Jackson fans, or that they thought he was a great entertainer. None expressed any misgivings about Jackson. The only misgivings were whether the criminal justice treated the rich and famous with kid gloves. More than one thought this was the case. Whether this means that the jury is so pro-Jackson that Murray doesn't stand much chance of acquittal is another matter.

Indeed it should not matter. The jurors are charged with one thing, and one thing only, and that's to strictly weigh the physical evidence and testimony and determine whether Murray did what the prosecution says that he did and that's cause Jackson's death. That's the sole standard that any jury should be charged with in determining guilt or innocence in any criminal case. However, it would be the pinnacle of naivety to think that facts alone determine trial outcomes in celebrated trials. Countless studies and surveys of criminal cases involving celebrities show that money and fame do play huge role in these cases. Money allows celebrities not only to hire the best and brightest of attorneys, but to tweak and massage the message of innocence of their celebrity client outside the courtroom. Murray used his celebrity name by dint of his association with Jackson's death to get a crack legal team, and insure that they spin away his innocence outside the courtroom. A big part of that is their hit on Jackson that he killed himself. By any standard this shouldn't fly. But given the always lurking undercurrent of controversy and doubt about Jackson from so many, they're banking that they can put Jackson not Murray on trial. And this definitely shouldn't fly.


Earl Ofari Hutchinson is an author and political analyst. He is a weekly co-host of the Al Sharpton Show on American Urban Radio Network. He is an associate editor of New America Media. He is host of the weekly Hutchinson Report Newsmaker Hour on KTYM Radio Los Angeles streamed on ktym.com podcast on blogtalkradio.com and internet TV broadcast on thehutchinsonreportnews.com

 

Follow Earl Ofari Hutchinson on Twitter: www.twitter.com/earlhutchinson

Dr. Conrad Murray's defense, his only real defense against the charge of involuntary manslaughter of Michael Jackson, is a simple one. He says that Jackson in effect killed himself. That he was so hop...
Dr. Conrad Murray's defense, his only real defense against the charge of involuntary manslaughter of Michael Jackson, is a simple one. He says that Jackson in effect killed himself. That he was so hop...
 
 
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History Is Subjective
Democracy will always be worth the attempt.
05:59 PM on 10/04/2011
I'm afraid the autopsy report does not bear out the 'addict' theory in relation to Jackson. No liver damage means no liver damage. Jackson died because of what was given to him by Conrad Murray.

And yes, it really is that simple.
12:23 PM on 10/04/2011
Of course Conrad Murray is guilty of "manslaugther" - and Michael Jackson is guilty of "taking" powerful drugs without any regard to his children...!! for Gods sake - he was fifty and weighed 110 pounds...he's dead because of following the advice of the "Quack" that was money hungry - this doctor should lose his license and there isn't anymore punishment for Michael Jackson - he suffered the worst punishment of all...Death...!!! Stop making excuses for Michael Jackson..we all cared about him...I can only imagine the atmosphere in the house where there kids had to live....shhhh - daddy is sleeping....he was one "sick" daddy alright...no regard for his family...not one person can change my mind...others died John Belushi, Elvis...they brought it upon themselves and the families suffered....
11:53 AM on 10/03/2011
Indirectly Michael Jackson killed himself - taking all "drugs" illegal or not! He needed drugs to sleep to wake up ...who knows how long he had been taking drugs?? He didn't think of his children nor anyone else...he knowingly took drugs and continued up to his death...Why does this happen to celebrities...to much stress?? Not even the love of his children made him stop his downward spirial...he was not innocent himself....he was bond to die eventually - just like Elvis...!!
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Grissom1001
05:49 PM on 10/03/2011
There ya go proving the authors point. It is not Jackson who is on trial and NO Doctor should have helped him in his spiral downward by giving him the drugs that killed him. Remember John Belushi? His drug provider, a friend, went to jail for his death because she sold him, and helped him take, the drugs and she was not even a Doctor. Jackson is not on trial so either learn to read or don't post.
02:12 AM on 10/03/2011
I enjoyed reading the comments thus far, free of MJ hatred. I hope the Media will eat some crow soon, because they made Billoins from trashing Michael. He was a generous, loving man who just wanted to Heal the World. If we had treated him better he probably wouldn't have needed a special doctor to sleep and treat his anxiety. Rest in Peace, Angel. I pray that the Media can make it right for him and keep having guests on their shows who actually KNEW Michael. Anyone who knew him personally knows the kind of man he was. Anyone who slanders him, got their opinions from the media, and they LIED.
12:04 PM on 10/03/2011
Treat him better?? What are you saying ?? WE made him a millionare!! It was what it was...M.singer "Not" a God....!! He went to the bathroom just like everyone else...his claim to "fame" was that he could sing...stop adoring this guy..he's definitly "not" an Angel...get a life....!!
He sleep with little boys that weren't his...he paid one family 20 million dollars to go away....
12:26 PM on 10/04/2011
Ah, with such a unique perspective on fiction,
it' not hard to see who's keeping the tabloids in business.
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trekbette
Bow Ties Are Cool!
11:12 PM on 10/02/2011
I am trying to care, but I just don't. I am sorry he died, but why is this trial getting so much news coverage? The news spent significantly more time on this story then on the OWS (Occupy Wall Street) story.

At what point will informing the public about the needs of the many become more important then the two year old death of a pop star?
01:49 AM on 10/03/2011
The mere fact that you consider the death of another human being who has contributed so much to this world---not just musically, but philanthropically---to be undeserving the news coverage it is getting, displays the deterioration of basic decency among us. Since you are fully aware of what's happening in Wall Street, I don't think the major networks have done you a disservice in withholding information from you by devoting 5 minutes a day to the trial. Besides, don't worry, there is enough rape, murder, famine, and destruction in the news to keep your appetite satisfied.
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trekbette
Bow Ties Are Cool!
08:57 AM on 10/03/2011
Updates to the trail are welcome and fine. But this story is all CNN Headline News talks about for hours on end.

The protests started here in LA at 10 a.m. on Saturday. There was not one news channel that even mentioned it. It is just frustrating.
12:33 PM on 10/04/2011
Sorry he is dead...it was bond to happen eventually...stop "worshipping" him...he was a good singer but like many other singers...he was "mentally" ill - and "not" a good example for anyone....least of all his children...they will remember their Daddy as always being asleep and having to wear a "mask" - he was not "well"....and the drugs just added fuel to the fire....RIP peace.....
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ignacio sanabria
Mirror synapses at work
04:33 PM on 10/02/2011
Michael Jackson will always be remembered as a great artist.
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f0rTyLeGz
Everything is falling.
04:33 PM on 10/02/2011
I think that it is the KIND of doctor that Dr. Murray is is what is on trial. There are millions of Americans who get addictive medicines from their doctors to maintain their habits. Dr. Murray is one of those kind of doctors. If he is found guilty then all of those drug pushing doctors, who make their living of writing scripts during brief "office exams" could be liable for the drug overdoses of their "patients." Big Pharma wouldn't like that.
VA Jill
Retired RN, Army mom. Bring the troops home!
02:12 PM on 10/02/2011
An ETHICAL doctor would not have given Michael Jackson the drugs that killed him. Nor would an ethical doctor have delayed CPR (which he apparently didn't know how to perform properly anyway) to hide evidence of his own involvement. An ethical doctor would have tried to get MJ into treatment. It doesn't matter how much MJ was willing to pay this guy to drug him, if he were ethical he would have said no. Looks like his own greed shot him down. If I were on the jury I'd have very little choice other than to say "Guilty as charged."
This user has chosen to opt out of the Badges program
09:49 AM on 10/03/2011
Some jurors actually wait until the end of the trial, after all the evidence is heard.
I'm grateful you're not on jury duty.
12:37 PM on 10/02/2011
Dear Dr. Earl,
If I buy a Ferrari and I drive it extremely fast down the Pacific Coast Highway and one day I crash, burn and die in it. Should my family sue the car salesman for manslaughter ?
07:40 PM on 10/02/2011
No. Car salesman did NOT take an OATH to protect drivers/buyers. Michael having paid, or "demanded " anything from quack is moot. ETHICS dictate, response should have been NO. $150k times if necessary. Furthermore, in lieu of defense claims, it consistently needs to be made clear Michael is the victim, not defendant with respect to this case.
11:15 PM on 10/02/2011
To me they are both accomplices. MJ hired and payed him to do a job and CM agreed and took the money to do MJ's will. So therefore theyr behavior is fair game in this trial.
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MJJBunny
If only closed minds came with closed mouths.
08:28 AM on 10/02/2011
I've posted this before, but will post again here. And thank you for reminding everyone who is on trial.

All MJ wanted to do was sleep. He was killed by an inept doctor who left his patient to make phone calls, delayed a call to 911 and then lied about what his patient had in his system. A guilty verdict gets him 4 years and the loss of his medical license (which he shouldn't still have anyway). Casey Anthony got 4 years for lying to the police. Just saying....­.”
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HUFFPOST COMMUNITY MODERATOR
SteveSFM
politically incorrect left-winger
03:49 AM on 10/02/2011
Hutchinson thinks that we should remember who's on trial, and point taken. But he seems to forget that person is entitled to a zealous defense.
01:53 AM on 10/02/2011
The Doctor was giving Micheal Jackson drugs that he should not have been giving him. He is therefore responsible for any harm the drugs would have caused him. Even if Jackson killed himself with the drugs, the Doctor should still be somewhat responsible for giving him them in the first place.
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f0rTyLeGz
Everything is falling.
04:37 PM on 10/02/2011
Did you ever hear the aphorism, "The Devil sets the price?" Well, Dr. Murray was offered $5,000 a day, to keep MJ happy and knocked out at night. MJ made the deal with an obviously incompetent, womanizing, lazy, greedy, "Doctor."
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gregory57
Micro-bio, was one of my favorite classes.
12:26 AM on 10/02/2011
All that guy had to do was post somebody at Jackson's bedside with a Pulse Oximeter, and a bag-mask device and the simple skills required to use them. Micheal died because he stopped breathing and nobody knew until it was too late.

Fact is, that if this guy knew what he was doing, Jackson shouldn't have died.
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Dh Barr
Bringing Clues to the Clueless
04:12 PM on 10/01/2011
Michael Jackson paid $150K a month for a private physician to pretty much prescribe anything Michael wanted. To my mind, Murray is certainly guilty of medical malpractice, but I am not sure this crosses the line into manslaughter - this seems more of a "negligent homicide" to me.

For sure this guy should never be allowed to practice medicine again.
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urnumbersix
"I am not a Number. I am a Free Man!"
07:05 PM on 10/01/2011
Murray was paid $150K/month (!!!) by the concert management to manage Michael's drugs and deliver him - live and able -to perform the concerts.

Whether or not Michael was an addict, or asking for more drugs, self-administering drugs-- is neither here nor there.

Murray was over-compensated, paid Beaucoup Bucks, as a medical doctor to MANAGE the drugs and "deliver" Jackson for the Tour.

He failed. Big Time.

The fact that MJ is deceased is a criminal offense.

Much money was paid for a 24/7 doctor whose sole charge was to keep his sole patient ALIVE.... It was WHY Murray was hired in the first place! He is liable.

Even putting aside any Hippocratic Oaths for medical ethics, or basic human decency, Murray should have wrestled away any dangerous levels of drugs away from Michael due to his "Contract."

"He killed himself" ain't gonna fly.....
12:49 AM on 10/02/2011
I believe this comes down to a matter of action or inaction.
(PS: I'm not a lawyer, and don't purport to be one.)

Conviction for involuntary manslaughter requires that Murray took the obviously reckless action of prescribing/administering unnecessary and dangerous drugs, but not with the intent to kill.

Criminally negligent homicide would recognize that, as his doctor, Murray had a duty to act for the benefit of Jackson and that he failed to fulfill that duty. Certainly his reluctance to call 911 right away fits here, but also one could say that not standing up to Jackson's demand for prescriptions also fits.

Seems like you are splitting hairs if you are disagreeing w/ Dh Barr above.
So why the vehement response to Dh Barr?
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Grissom1001
05:56 PM on 10/03/2011
For 150K a month? LOL Jackson deserved better care!
04:01 PM on 10/01/2011
Ok, even if MJ had administered the drugs to himself he would not have had access to a drug that is intended to be used under certain conditions in a hospital setting if Dr Murray had not brought them into the house and been using them inappropiately. So either way Dr Murray is responsible.