iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Robin Sax

GET UPDATES FROM Robin Sax
 

This Is It: Opening Statements in Conrad Murray Trial Begin Today

Posted: 09/27/11 09:50 AM ET

So to quote Michael Jackson, THIS IS IT. Prosecutors David Walgren and Debra Brazil are ready to go with opening statements in case number SA 073164, the People v. Conrad Murray. Everyone is gearing up for the main event. Pundits and legal blah-blah-blah-ers are predicting who is going to be called to the stand (NOT the Jackson kids, in my opinion), how the prosecution is going to prove their case, how the defense is going to defend, and more importantly, how will the prosecution handle the defense arguments we already know of -- that Michael Jackson drank, shot up, or ingested the powerful sedative Propofol himself.

Questions have circulated about how much the defense is going to attack Jackson as an addict, whether Jackson's lurid criminal behaviors make it to the courtroom. All of these million dollar questions make one ask, who is going to be on trial anyway -- Michael Jackson or Conrad Murray?

Let's face it, while this is an interesting case there is no way every satellite truck, every network, every celebrity lawyer and pundit would be here if the victim wasn't Michael Jackson.
So even in death, Jackson will have the spotlight -- a fact that presents challenges for both sides.

The prosecution and the defense need to deal with both the legend of the King of Pop, as well as the all-too human Michael Jackson. The prosecution will try to humanize him, make him a victim who relied on the advice and care of Dr. Conrad Murray to help him achieve one of the most basic necessities of life -- just getting a little sleep. If they take this strategy too far, they risk exposing Jackson as an addict, desperate to do anything for his Propofol "milk."

Don't forget the defense will try to humanize their client -- the tall, dark, and handsome Dr. Murray. While many predict the defense strategy will be to paint MJ as a victim of his own crime, I say this is a very dicey road. Just like in sexual assault cases where it's simply bad gamesmanship to beat up the victim, making MJ out to be a drug addict, a criminal -- pressured by fame and greed -- will likely backfire.

Some of you may be wondering how Michael Jackson can be on trial at all if Judge Michael Pastor made very explicit rulings about what is relevant and what is not. While Jackson's sexual history probably won't find its way in, I believe MJ's drug use and abuse will. There are at least two ways this testimony can come in -- one is called "opening the door" and the other is a play on words, or semantics.

Opening the door could go down something like this: Testimony comes in as to why Michael Jackson was on Propofol. It will have to be stated that he asked for it, or knew that it helped him sleep. There are certainly enough reasons from rumblings in the media as well as what we have seen in the preliminary hearing that will suggest Michael Jackson ingested the medication himself. So, this begs the question how many "recreational" users push in the bulbous of a syringe or take a swig of Propofol? Perhaps we won't hear if Jackson was addicted to other drugs, but we will hear a ton about Propofol. And I have to ask, who other than an addict uses Propofol, not for surgery, but nightly to sleep?

So here's where semantics come in: while they may not be able to call the King of Pop an addict, I guarantee we will hear about his use and abuse. The jurors are not dummies (although many are going to think they are). The prosecution will stay away from the word "addict" and perhaps even the words "drug user" and "abuser," but they will certainly paint a picture. And as we all know a picture is worth a thousand words.

 

Follow Robin Sax on Twitter: www.twitter.com/robinsax

 
 
  • Comments
  • 12
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
photo
HUFFPOST SUPER USER
CHARLESTHETENTH
07:53 PM on 09/28/2011
As this trial unravels it clearly shows that Michael Jackson surrounded himself with incompetent people and paid the price for it. A security team leader who doesn't know where the security cameras are and was out when he was supposed to be on duty...a Doctor Cardiologist who does not know how to perform CPR. Ten's of people in an intimate circle around MJ that didn't know he was using drugs or refused to admit it for lack of employment. None coming forward to help him. Sadly all this MJ never understood....they were not his friends or family but strictly there for the benefits. MJ was their meal ticket...their employer....he did the shows and had not a clue as to where all his money was going. Maybe he just didn't care as long as he had his fans and the irony of it all is that his fans were his most loyal friends. He was constantly reaching out to help others but no one in his circle of friends reached out to him. Jermaine Jackson and all the rest made a living off of MJ or capitalized on his name. MJ was a pawn among his own and used for their own gain. He paid dearly for his detachment to reality and became dependent on those who could help him the least. This trail will highlight his drug use and other dysfunctional problems he had....a very sad commentary to one who was admired by many fans.
05:34 PM on 09/27/2011
M(r)s. Sax, I have re-read this article to try to figure out what you are referring to when you state "whether Jackson's lurid criminal behaviors make it to the courtroom." I can only think of two things you might be referring to: either Michael Jackson's substance use or past allegations that Michael sexually harmed a child. Michael Jackson was investigated by the L. A. District Attorney, the Santa Barbara District Attorney, and the California Department of Children and Family Services and no evidence was found that Michael Jackson ever harmed a child. FBI files reveal (and I quote) "nothing" to suggest that Michael Jackson ever harmed a child, even after the FBI went to the far corners of the globe to find evidence. Further, Michael Jackson was acquitted by a jury of his peers. Therefore, your post appears to recycle allegations and misinformation that have been legally proven to be unsubstantiated. And you are an attorney? I think it would be ethically incumbent upon you to add an addendum to this post that clarifies that Michael Jackson has never been proven to be guilty of anything approaching "lurid criminal behavior." If you actually do some research into the life of Michael Jackson, it is clear that his greatest gift to the world was the generosity of his time and his finances to help those around the world who needed help the most, and the effort and time he spent raising his children.
photo
f0rTyLeGz
Everything is falling.
05:29 PM on 09/27/2011
Conrad Murray will walk. There are countless doctors whose practices are exactly like his. Well, not exactly, but very similar. That is, they provide narcotics to addicts... and they get their drugs from Big Pharma. And Big Pharma rules America. Big Pharma can not expose their doctors to being busted for their clients deaths. It will ALWAYS be the clients responsibility for their over doses. It doesn't matter that they were being given drugs in an illegal and dangerous way, the docs will always say they were only trying to help the patient... even though they were obviously harming them. Murray will walk. Maybe he will lose his license in California. Maybe a small fine under a million. No jail time.
photo
brokenangel143
Sometimes you have to think outside the box...
11:47 AM on 09/27/2011
The trial is going to be an explanation of his death and what lead up too his final days. If they go back until March of 2009 then reasons for his use of drugs at the time of death would answer so many questions.
The insomnia was the root of his trouble but what cause Michael not to be able to sleep. Demons from the past and a very dysfunctional childhood started his dependence on drugs, just to relieve the pain he suffered during his life.
Childhood abuse both physical and mental at the hands of his own father. He was never given the opportunity to live the childhood that children need to socialize and develop. He was dragged to preform at sleazy clubs and criticized for his looks, especially his facial features by his father. Even his own brothers made fun of him but little did they know, one day Michael would be the one to succeed and become the " King of Pop ". When children develop they need positive attention in order to grown. He knew this and made certain his own children were protected and not subject to ridicule from his own family and the public. IMO
photo
brokenangel143
Sometimes you have to think outside the box...
12:05 PM on 09/27/2011
This trial will tell it's own story and it will be very sad to hear how he suffered at the hands of others. I'm not defending Dr. Murray but he knew the addict Michael had become and was just trying to ween him off but sometimes things happen for a reason and no one knows why.
Other people had reason for Michael to pass and it wasn't because of drugs but business dealings that weren't working out for his own family. The Jackson's were in the process of being sued by All Good Entertainment for Michael not agreeing to tour with his brothers and Joe Jackson had made his feeling quite clear on how he felt about the situation. The security had to restrain Joe and the family from entering the property.
photo
brokenangel143
Sometimes you have to think outside the box...
12:32 PM on 09/27/2011
The only person I want to hear from are the security guards and the cook that lived at the home. I'd also like to know, when La Toya claimed money and cash was missing from his home, why didn't she call the police and make a police report. Michael was known to keep large sums of money and they knew where to look. They clear the house of his personal tapes and items from his safe. Someone even when so far as to remove the surveillance tape of the home to make sure no one knew what was being done after Michael was pronounced dead. The Jackson family had full run of his home after his death but Michael wouldn't allow them near his place while he was alive.. What's wrong with this picture????? Moving vans arriving on the following Saturday when the police investigation was ongoing..... IMO... The Jackson family should have been charged for trespassing and robbery. These personal home videos and music material were the property of his own Children and not for his brothers and sisters to profit from... IMO
Zip Zinzel
If a Nation expects to be both Ignorant & Free . .
11:06 AM on 09/27/2011
THIS ARTICLE IS POORLY WRITTEN:

The judge has already made it abundantly clear-
This trial in his court, will not be about MJ or his drug problems- that didn't kill him

He died, because this doctor failed to provide proper care- BLACK & WHITE
1) If MJ had taken this drug on his own & died, the only person other than him to be responsible would be the person who prescribed the drug.

2) The drug that killed MJ is specified that it should almost never be administered outside of a hospital.
.. 2a) If that drug is adminstered in a non-hospital situation- it is highly recommended that certain life-saving equipment is immediatley at-hand

3) The doctor on trial was not, according to news accounts- very attentative to MJ's condition, out of the room, on the phone, & etc
09:31 AM on 09/28/2011
You hit it on the head. MJ's behaviour wasn't the problem. Dr. Murray's behavior IS. Did he know what propofol was? Did he administer it in a manner that was harmful to his patient, thereby violating his Hippocratic Oath? Did he administer it in a flagrant manner that he clearly knew beforehand was detrimental to the health of his patient? Or was he a moron who should never have graduated Med School? Should he face jail time, a fine, etc.... I don't know. Really could care less about Michael Jackson to be honest. His death affected me in no way whatsoever. However, if Conrad Murray acted this way to a celebrity purely for the sake of cash, how many other doctors out there are exposing patients to dangers? That IS some thing I care about. Prosecute him as a warning to other physicians.
Zip Zinzel
If a Nation expects to be both Ignorant & Free . .
12:03 PM on 09/28/2011
Skorp
GREAT POST !

couldn't agree more
HUFFPOST SUPER USER
ConservativeAmongWolves
One guy against a pack of Howlers
10:09 AM on 09/27/2011
"Dr" Murray got the Propofol for Jackson.

He administered it to him.

He failed to adequately monitor Jackson while he was UNDER the effects of the Propofol.

He failed to immediately call 911 when he discovered Jackson unconscious, not breathing and not responding....a truly emergent and life threatening condition.

He FAILED to perform CPR correctly.....or at all.

"Dr" Murray failed to follow the standard of care for his patient generally and in particular for the administration of Propofol. This lead to Jacksons apparent respiratory/cadiac arrest which was fatal.

"Dr" Murray should be stripped of his medical licenses and incarcerated.
photo
f0rTyLeGz
Everything is falling.
05:32 PM on 09/27/2011
Murray will walk. They will claim Michael did it to himself... and he Murray was only helping and doing his best.