The Prosecution is using Murray’s documentary against him. SENTENCING MEMORANDUM
The Sentencing Memorandum filed by Steve Cooley, District Attorney of Los Angeles County, David Walgren and Deborah Brazil, Deputy D.A., is so splendid a summary of Murray’s case and is so marvelous a document that I would like to post it here in a Word format so that people could read and translate it into other languages.
What is extremely good about this document is that the judicial system has finally thought of a way to put Murray’s outrageous disrespect for law, justice and human ethics to a proper use.
Previously the office of Judge Pastor told us that Conrad Murray had found a loophole in the legislation which did allow him to give interviews for a documentary and let it air all over the world even after his conviction.
There was simply no way to stop those interviews from being shown as at the time he was giving them he was still a free man and this is where the loophole was.
This essentially means that not only was Murray allowed to feed us with his lies for two and half years before the trial, but he also found a way to go on with them even after he was found guilty of a crime!
If felons turn into highly paid stars after they are convicted and are allowed to influence the public by telling their stories unchallenged after the guilty verdict, the process of seeking justice will become totally unnecessary and will turn into a complete farce.
It is clear to every normal person that despite all loopholes in law no convict should continue to brainwash the public as to his alleged ‘innocence’ after his guilt has been proven.
However, as could be easily expected, the media naturally made an exception for Michael Jackson’s killer. They sought for Conrad Murray’s false revelations while the trial was still on, allowed him to sing as a bird in his interviews and evidently handsomely rewarded him for the chance.
Murray could have stated his case in court of course, however he chose not to, as telling lies there could be dangerous and result in complications. From what we know of Murray’s fairy tales and the examination skills of Deputy D.A. David Walgren, the Leading Prosecutor would have ripped Murray into shreds and sent him walking over the world’s TV screens a naked liar he is.
So over there Conrad Murray was cautious and used his right not to tell his story in court.
However telling lies about Michael Jackson to the media has always been a safe and most welcome thing to do. Michael’s detractors were always dear guests on TV and were met there with enthusiasm and a sympathetic ear for every crazy lie told about Jackson to the sheer delight of journalists and their chewing public.
No matter what Michael Jackson did – even if it was his own death – he was always to blame for it. Well-tested and polished media methods of trashing Michael’s name were ready to prove even the very opposite of the jury’s verdict. These methods were tried during and after the 2005 trial so there was nothing standing in the way to doing the same for the impossible Murray lies. All was in waiting for the documentary to overturn the verdict and deliver Michael Jackson the final blow.
However this time something went wrong.
The wonders started at the very beginning of the trial when the Prosecution – whom after Tom Sneddon no one really expected to ever stand by Michael Jackson’s interests – presented a cast-iron case and provided overwhelming proof that it was a crime committed against Michael Jackson, and not by him as the public would generally expect it.
The only thing the Prosecution did not have a chance to do is cross-examine Conrad Murray as he took his 5th Amendment right not to self-incriminate himself in court.
When the jury brought in a guilty verdict, the media tried to make up for the harm done by immediately producing a rebuttal documentary and giving the public a chance to listen to the good old guy.
The goal was the same as after the 2005 trial and on all other occasions concerning Michael Jackson – to seed doubt in people’s minds, undermine the jury’s verdict and portray the ‘poor doctor’ as an innocent victim of the very man the poor doctor killed.
Murray’s version of the story told from behind prison bars promised to be a sensation. It was to air all over the world simultaneously and for several days running.
But now that this event is over and has miraculously not produced the effect it intended to, it is again the Prosecutors’ turn to have their say.
They have also watched the documentary and decided to use the evidence contained in the interview against the felon.
They approached the judge with a sentencing memorandum regarding Murray showing that this is a hardened criminal who has no remorse for what he has done and who should therefore get the highest term possible. The highest term is of course a mere joke of 4 years (same as for shop-lifting), but this is the most we have, alas.
And now comes the most interesting part of it.
Just in case Conrad Murray hopes to live a happy life on some islands – after serving his term in prison – with the money he gets from that slanderous documentary, the Prosecution is pointing to certain clauses in the California Constitution and Penal Code which may thwart these beautiful plans.
If the amendment on restitution is indeed applied to Murray it will strip him of the sum exceeding $100mln. for the “economic loss to the victim’s descendants as a result of the defendant’s conduct”.
The sum was calculated on the basis of the 50 shows projected for the tour (even the number of 50 shows came in handy here!) with the burial costs added to it.
And if the law on restitution does really take effect in Murray’s case, the sum of $100ml. to be paid to the children of Michael Jackson until the rest of Murray’s life will be the real and best possible punishment for him because it seems that this man is capable of understanding the language of money only.
Let me add only one more point to the above.
The situation with Murray’s documentary is a mirror image of Ray Chandler’s behaviour during the 2005 trial – only the outcome of it is somewhat different.
Same as Conrad Murray Ray Chandler also told numerous lies about Michael Jackson in his book “All that Glitters” and give interviews about it in the press and on TV.
And same as Murray he never took a chance to speak at the 2005 trial to prove the veracity of his words.
When the book was published Ray Chandler claimed he had priceless documents proving that Michael allegedly molested his nephew Jordan Chandler. However when Michael’s defense subpoenaed Ray Chandler to present his unique documents in court, the man twisted and turned as if being fried on a frying pan and stubbornly refused to go to court and tell his ‘truth’ there.
A big number of legal papers ensued and finally Ray Chandler sought refuge from the subpoena under the Shield Law covering journalists and publishers (he self-published the book).
Despite his unwillingness to tell his story in court and be cross-examined there he made rounds of numerous TV shows still telling lies about Jackson and complaining that he was being “harassed” by Michael Jackson’s defense team. And since no one knew that he was even subpoenaed and by the defense team too, the public easily believed his lies.
In short Ray Chandler was a tremendous success in 2005 in reaching two goals simultaneously – he unabashedly spread lies about Michael Jackson in public and escaped the need to go to court to prove his lies there (for posts about Ray Chandler please go here).
In 2011 Conrad Murray wanted to do the same – tell his lies freely both before and after the trial and simultaneously evade telling them in court for fear of aggravating his case during the cross-examination.
But the same old proven pattern of behavior which worked so well for Ray Chandler suddenly backfired for Murray. Now it seems that our good old doctor will have to pay even a dearer price for his unashamed lies, total lack of conscience and complete disregard for ethics and human decency.
Let us keep our fingers crossed and hope that he will not only serve his term in prison but will also part with his fee for the documentary (and other funds on his bank accounts) to recompense over $100 million as restitution to Michael Jackson’s children.
The sentencing is to take place on November 29, 2011.
The Sentencing Memorandum filed by Steve Cooley, D.A. of Los Angeles County on November 23, 2011:
District Attorney of Los Angeles County
Deputy District Attorney
Major Crimes Division
210W. Temple Street, Room 17-1130
Attorney for Plaintiff
NOV 23 2011
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
PEOPLE OF THE STATE OF
Plaintiff, SENTENCING MEMORANDUM
TO: THE HONORABLE MICHAEL PASTOR, DEPARTMENT 107, LOS ANGELES
COUNTY SUPERIOR COURT, DEFENDANT CONRAD MURRAY AND DEFENSE COUNSEL.
Please take notice that on November 29, 2011, at 8:30 am, or as soon thereafter as this matter can be heard in Department 107 of the above entitled court, the People will move this court to sentence the defendant to state prison, impose all requisite fines, and impose an appropriate order for restitution.
This motion will be based upon this sentencing memorandum, the pleadings in the above entitled matter, the trial transcripts, victim impact statements, and upon any such further evidence as may be introduced at the sentencing hearing.
End of page 1
3 On November 7, 2011, a jury convicted the defendant of Penal Code section 192(b),
4 involuntary manslaughter, for causing the death of Michael Jackson.
8 On April 6, 2009, the defendant ordered 35 vials of propofol to administer to Michael
9 Jackson. On April 28, 2009, the defendant ordered another 65 vials of propofol. On May 12,
10 2009, the defendant ordered an additional 65 vials of propofol. Finally, on June 10, 2009, the
11 defendant ordered another 90 vials of propofol. In total, the defendant ordered over 4 gallons of
12 this anesthetic drug and, according to the defendant, he administered it to Michael Jackson on
13 a nightly basis for over two months.
14 On June 25, 2009, the defendant again administered propofol, as well as
15 benzodiazepines, to Michael Jackson. The defendant then abandoned the victim and
16 proceeded to make phone calls to various individuals. When the defendant finally bothered to
17 direct his attention back to the victim, Michael Jackson was no longer breathing. However,
18 instead of immediately summoning emergency personnel who could have rendered appropriate
19 resuscitative care, the defendant spent his time concealing evidence and focusing on his own
20 well-being rather than the well-being of Michael Jackson. In fact, the defendant waited at least
21 20 minutes before instructing anyone to summon emergency aid.
22 Then, when emergency help arrived, the defendant lied about the drugs he had
23 administered to Michael Jackson. Still again, upon arriving at the Ronald Reagan UCLA
24 Medical Center, the defendant lied about the drugs he had administered.
25 At his jury trial, the defendant personally chose not to testify on his own behalf.
26 However, prior to and during trial, he chose to conduct multiple media interviews. In each of
27 these interviews, the defendant has very clearly stated that he bears no responsibility for
End of page 2
1 Michael Jackson’s death. Moreover, the defendant has continued to express concern only for
2 his individual plight and portrays himself, not the decedent, as the victim.
3 Specifically, the defendant, when asked if he felt guilty that Michael Jackson had died,
4 stated “I don’t feel guilty because I did not do anything wrong.” (Exh. A, clip 1). Then, when
5 asked if it was reckless to abandon Michael by leaving him alone in the room, the defendant
6 responded “no, no.” (Exh. A, clip 2).
7 During his media interview, the defendant goes on to explain his lies to the police by
8 saying that he never mentioned being on multiple phone calls because the police “never asked
9 me” and he (the defendant) “did not think it was important” (Exh. A, clip 3).
10 Finally, the defendant consistently blames the victim for his own death, even going so far
11 as to characterize himself (the defendant) as being “entrapped” by the victim (Exh. A, clip 4),
12 and as someone who suffered a “betrayal” at the hands of the victim. (Exh. A, clip 5).
16 THE DEFENDANT SHOULD BE SENTENCED TO THE MAXIMUM SENTENCE OF 4 YEARS IN STATE PRISON
18 Penal Code section 192(b) provides for a sentencing range of a low term of 2 years, a
19 mid-term of 3 years, and a high term of 4 years.
20 Pursuant to Penal Code section 1170(b) and California Rules of Court 4.420 — 4.422, the
21 court has discretion to impose one of the three authorized prison terms. In determining the
22 appropriate sentence, the court may consider circumstances in aggravation and mitigation, as
23 well as any other factor reasonably related to the sentencing decision. In considering the
24 available options and the relevant factors, the People request this court impose the high term
25 of 4 years in state prison.
End of page 3
1 A. The crime involved great violence, great bodily harm, threat of great bodily harm, or
2 other acts disclosing a high degree of cruelty, viciousness, or callousness (California
3 Rules of Court 4.421(a)(1)).
4 Every single night the defendant administered propofol, which by the defendant’s own
5 admission took place nightly for at least two months, the defendant was acting with a complete
6 disregard for the well-being of Michael Jackson. The defendant was literally risking
7 Mr. Jackson’s life every night. Unfortunately, the defendant’s disregard for Mr. Jackson continued
8 and, on June 25, 2009, the defendant’s criminal negligence killed Michael Jackson.
9 This tragedy occurred because of the defendant’s callous and dismissive treatment of
10 Michael Jackson’s well-being. The defendant acted with his own interests in mind and completely
11 abandoned Michael Jackson in every sense of the word. The defendant’s extreme disregard for
12 the risk of death that his actions created and his extreme callousness toward the safety of
13 Michael Jackson justifies the high term of 4 years in state prison.
15 B. The victim was particularly vulnerable (California Rules of Court 4.421(a)(3)).
16 Due to the actions of the defendant, Michael Jackson was a particularly vulnerable victim
17 at the time of his death. The defendant had repeatedly subjected Michael Jackson to a
18 dangerous, unprecedented pharmaceutical experiment whereby the defendant provided and
19 administered propofol on a nightly basis for over two months. Moreover, the defendant was
20 simultaneously administering various benzodiazepines throughout this period. All the while, the
21 defendant failed to provide any of the proper monitoring equipment or additional personnel that
22 would have been able to save Michael Jackson’s life, Instead, the defendant created an
23 extremely dangerous situation for the victim. Once the defendant administered this potentially
24 lethal cocktail of drugs, Michael Jackson’s life was literally in the hands of the defendant.
25 However, while Michael Jackson lay in this most vulnerable state, the defendant abandoned
26 him. The victim’s vulnerability, compounded by the fact that the defendant directly created the
27 level of vulnerability, justifies imposition of the high term of 4 years in state prison.
End of page 4
3 Although this crime occurred as a result of criminal negligence, the evidence reveals in
4 no uncertain terms that the defendant knew what he was doing was wrong and took multiple
5 steps to hide his activity.
6 For example, the defendant requested the propofol be shipped to his medical clinic in
7 California when, in fact, the defendant did not have a clinic in California.
8 Instead, the evidence revealed the propofol was being delivered to the apartment of one of the defendant’s girlfriends.
9 Additionally, the defendant intentionally failed to maintain medical records so as not to have any
10 written record of his criminal negligence. Once the defendant discovered he had killed
11 Mr. Jackson, he then proceeded to clean up the crime scene rather than focus on proper
12 resuscitative efforts for Michael Jackson. The defendant then repeatedly lied about what he had
13 done. Still later, when interviewed by LAPD, the defendant made no mention of the various
14 emails, text messages, or phone calls that were taking place at the time Michael Jackson was
15 dead or dying. Instead, the defendant claimed he only left Mr. Jackson for two minutes to use
16 the restroom. All of these actions display planning and sophistication both before and after the
17 crime that was utilized for the sole purpose of protecting the defendant and hiding the truth.
18 This planning and sophistication justifies a high term sentence of 4 years in state prison.
20 D. The defendant took advantage of a position of trust or confidence to commit the
21 offense (California Rules of Court 4.421(a)(1 1).
22 The doctor-patient relationship is a special relationship premised on the patient’s trust
23 that a doctor will act with sound medical judgment to do what is best for the patient. The
24 defendant repeatedly violated this trust. The defendant acted with his own interests in mind.
25 Specifically, he agreed to provide and administer propofol to Michael Jackson with the
26 expectation of receiving a paycheck of $150,000 a month. While doing so, Michael Jackson
27 was under the belief that he would be safe so long as he was appropriately monitored.
End of page 5
1 However, this monitoring never took place. Instead of utilizing his medical knowledge and
2 training to provide Mr. Jackson with proper medical care, the defendant acted as an employee
3 and as a drug dealer and completely corrupted the trust necessary in a proper doctor-patient
4 relationship. These actions mandate a sentence of 4 years in state prison.
8 A. Legal Background
9 On June 8, 1982, the ‘Victim’s Bill of Rights” was passed. This initiative amended the
10 California Constitution to read:
12 It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimescausing thelosses they suffer. California Constitution, art. I, section 28(b)(13)(A).
14 Additionally, California Constitution, article I, section 28(e) defines a crime victim as:
16 Any person who suffers direct or threatened physical, psychological, or financialharm as aresult of thecommission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parents,children, siblings, or guardian, and a lawful representative of a crimevictim who is deceased…
19 Finally, pursuant to Penal Code section 1202.4(f), the defendant is required to pay
20 restitution whenever the victim has suffered economic loss as a result of the defendant’s
21 criminal conduct.
23 B. Factual Background
24 In order to ascertain the appropriate amount of restitution due to the victim in this case,
25 the People requested information from the Estate of Michael Jackson. Specifically, the People
26 requested the projected personal earnings of Michael Jackson for his 50-show sold out concert
27 series. Additionally, the People requested the amount of money expended for the memorial
End of page 6
1 service, funeral, and burial of Michael Jackson.
2 The Estate has complied with that request and has submitted a letter which is attached
3 as Exhibit B. The Estate estimates Michael Jackson’s projected earnings for the 50-show 02
4 concert series to be $100,000,000.
5 Additionally, the Estate estimates the costs of the memorial service, funeral, and
6 associated expenditures to be $1,821,871.65.
8 C. Michael Jackson’s three minor children, Prince, Paris, and Blanket, are victims and are entitled to restitution
10 Michael Jackson’s three minor children are victims under the law and are thus entitled to
11 seek and secure restitution from the defendant.
12 1. Wages or lost profits
13 Prior to his untimely death, Michael Jackson was preparing for a 50-show, sold out
14 concert series at the 02 Arena in London. Michael Jackson’s minor children are entitled to
15 “wages or profits lost due to injury incurred by the victim.” (Penal Code section 1202.4(f)(3)(D)).
16 Accordingly, the People have attached Exhibit B to assist the court in fashioning an appropriate
17 restitution order.
19 2. Burial and funeral expenses
20 Additionally, Michael Jackson’s minor children are entitled to recover restitution for
21 burial, funeral and related expenses. The People again ask the court to utilize Exhibit B in
22 fashioning an appropriate order.
23 3. Interest and attorney fees and collection costs
24 The defendant should also be ordered to pay interest, at the rate of 10% per annum, that
25 accrues as of the date of loss. In the case at hand, this 10% rate of interest should accrue as of
26 the date of June 25, 2009. Additionally, the defendant should be ordered to pay attorney’s fees
End of page 7
1 and other costs of collection accrued by a private entity on behalf of the victim. (Penal Code
2 sections 1202.4(f)(3)(G) and 1202.4(f)(3)(H)).
5 As this court correctly noted on the date of the jury’s verdict, “Dr. Murray has been
6 convicted of a crime involving homicide. This is not a crime involving mistake of judgment. This
7 is not a crime involving administration of drugs, per Se. This is a crime where the end result was
8 the death of a human being.” (Trial Transcript, November 7, 2011, p. 10516).
9 The defendant has displayed a complete lack of remorse for causing Michael Jackson’s
10 death. Even worse than failing to accept even the slightest level of responsibility, the defendant
11 has placed blame on everyone else, including the one person no longer here to defend himself,
12 Michael Jackson.
13 Due to the actions and decisions of the defendant alone, Michael Jackson is dead. Due
14 to the actions and decisions of the defendant alone, Michael Jackson’s family lost a son, a
15 brother, and a father. Due to the actions and decisions of the defendant alone, justice requires
16 the defendant be sentenced to state prison for 4 years, be ordered to pay appropriate restitution
17 to Michael Jackson’s children, and be ordered to pay all requisite fines under the law.
19 Respectfully submitted,
22 David Walgren
Deputy District Attorney
25 Deborah Brazil
Deputy District Attorney
File Number: 10386-00002
November 23, 2011
VIA ELECTRONIC MAIL
David Walgren, Esq.
Re: Michael Jackson
Dear Mr. Walgren:
This letter will confirm that the Estate incurred costs and expenses for Michael Jackson’s memorial service, funeral and associated expenditures in the approximate amount of $1,821,871 65.
If Michael Jackson had survived, and performed all 50 concerts scheduled at the 02 for the period they were booked, he was projected to make $100,000,000 in revenue.
The above information is a combination of monies actually spent and some very sophisticated projections on the anticipated revenue stream from a concert that had been sold out before Mr. Jackson’ death.
Very truly yours,
* * *
The sentence is 4 years. But legal analysts already say that under the California law Conrad Murray will serve only 2 years. And since prisons are overcrowded even the 2 years term may be reduced.
No restitution has yet been determined because the judge said he could not take a decision on the basis of the three lines he received from the Prosecution asking for restitution of $100 mln. This sum will have to be itemized and broken down into concrete figures of lost wages and earnings. The restitution hearing is set for January 23, 2012 and will take place in the absence of Conrad Murray.
When pronouncing the sentence Judge Michael Pastor said it wasn’t the case of medical malpractice – it was a homicide involving criminal negligence, which is much more than ordinary carelessness. Dr. Murray’s behavior amounted to disregard for human life and was an insult and disgrace to the medical profession. It wasn’t just an isolated mistake but gross continuing deviation of medical care.
Judge Pastor made extensive use of Murray’s documentary. Nine days before the verdict and in the face of irrefutable evidence of his guilt Murray said in his interview, “I don’t feel any guilt because I didn’t do anything wrong”. The judge noted that Murray showed no responsibility, no remorse, and had absolutely no sense of guilt or fault – and these factors caused his tremendous concern.
“Murray is offended by his patient dying”, “he feels betrayed”, ‘”he talks about blaming the victim!”, the judge exclaimed. He described Murray’s behavior as that of a bystander who came upon the scene of crime and said that Conrad Murray is a threat to the community.
‘Dr Murray engaged in a recurring, continuous pattern of deceit and lies,’ the judge said. ‘Dr Murray abandoned his patient.’ ‘Dr Murray created a set of circumstances and became involved in a cycle of horrible medicine’.
‘The practice of propofol for medicine madness, which violated his sworn obligation, for money, fame prestige and whatever else may have occurred.’
Judge Pastor singled out one aspect standing out in Murray’s case – it was the recording done of Michael Jackson when he was in his most vulnerable state. One could not help wondering, ‘Why did this happen? For what reason?’ The judge concluded that the tape recording was Dr. Murray’s insurance policy. ‘It was designed to record his patient surreptitiously at that patient’s most vulnerable point.’ It was a horrible violation of trust.
The judge wondered, ‘What value would have been placed on that tape recording had there been a conflict between Conrad Murray and Michael Jackson?’
During the press conference David Walgren also said that blackmail was a very possible explanation why Murray made and kept that recording. Let me add that making this tape was especially striking in the absence of medical records concerning treatment of Michael Jackson. It wasn’t Murray’s habit to make medical records by leaving them on tape, so recording Michael while he was falling asleep under propofol was a totally extraordinary thing to do – and the only purpose for doing it could be blackmail.
Watch the full video of the Superior Court Judge Michael Pastor sentencing Conrad Murray on November 29, 2011:
And here is the Estate’s statement:
- “Michael Jackson’s death was a huge loss to his children, his family, and his fans worldwide. A jury determined Michael’s untimely passing was caused by Conrad Murray. Dr. Murray in pre-trial statements and in a post-trial documentary expressed no remorse or responsibility for Mr. Jackson’s death. The Estate of Michael Jackson believes that the sentence imposed on Conrad Murray by Judge Pastor was appropriate and called for. The egregious conduct of Dr. Murray when “treating” Michael Jackson was bad enough but when coupled with his outrageous lies in trying to cover up his wrongdoing after Michael was dying and/or had died only served to magnify his criminal actions. Michael Jackson was the one of the greatest entertainers that ever lived and he will be missed by millions”.
Judge: Murray’s secret recording designed to blackmail Jackson
November 29, 2011
In sentencing Conrad Murray to a maximum of four years behind bars, Judge Michael Pastor had particularly harsh words for the doctor for the surreptitious iPhone recording of a heavily drugged and slurring Michael Jackson.
Jackson can be heard on the recording, taped a month and a half before the pop star’s death and first played during opening statements in the case, rambling almost incoherently about his plans for a comeback.
Deputy Dist. Atty. David Walgren argued that the recording was proof Murray was aware of the singer’s “state” but continued providing him drugs.
But Pastor had an even harsher assessment of the secret tape, calling it the piece of evidence against the doctor that “stuck out the most.”
“I have repeatedly asked myself why did this happen and for what reasons,” Pastor said. One conclusion, he said, was that Murray kept the recording to blackmail Jackson in case they had a falling out. “That tape recording was Dr. Murray’s insurance policy…. It was designed to record his patient surreptitiously at that patient’s most vulnerable point.”
Pastor called the recording “offensive” and said it violated the doctor-patient relationship between Murray and Jackson.
He cited it as one of the reasons why he denied probation to Murray, saying it was another failure of Murray’s character.
Pastor sentenced Murray to four years behind bars — the maximum punishment possible — for his part in Jackson’s death, saying the doctor’s role in the singer’s fatal overdose was “money-for-medicine madness.”
In blistering and lengthy remarks, Pastor lambasted Murray for failing to express any remorse for the pop star’s death and suggesting in a recent documentary that Jackson bore responsibility for his own demise.
When Judge Michael Pastor sentenced Dr. Conrad Murray Tuesday morning, he gave him the maximum of four years in jail for killing Michael Jackson. And Murray didn’t seem the least bit surprised. But why should he? He knew this day was coming.
Murray walked into the courtroom looking like a man ready to face his fate. From what I observed, he looked like he was not expecting a slap on the wrist.
Murray’s team presented no witnesses; the doctor offered no statement on his own behalf. The only person who spoke for Murray was his attorney, Ed Chernoff, who begged the judge to consider what Murray has done with his life, not just this one incident that resulted in Michael Jackson’s death. Chernoff argued that Murray was an illegitimate child who grew up without electricity, yet put himself through college and medical school to become a doctor who served the underprivileged. This story of “beating the odds” was one that justified probation, Chernoff said.
Pastor wasn’t buying it. Addressing the court, the judge focused on Murray’s lies and deceit. He chided him for lying repeatedly on the day Jackson died, especially to paramedics and doctors — the very people that could have saved his patient’s life. What appeared to irk the judge more than anything was Murray’s lack of remorse. He talked about how Murray’s self-serving documentaries and interviews surrounding this trial showed a man who seemed outraged at the victim for putting him in this situation. He talked about how Murray seemed to show no sensitivity for a man who lost his life. And for Pastor, the taped conversation of a drugged Michael Jackson was the ultimate insult; he viewed it as “an insurance policy” in case Murray’s relationship with MJ went south.
During the sentencing, I looked carefully at Dr. Murray. His eyes became wet with tears when Chernoff spoke about his past. He was stoic as the Jackson family lawyer talked about Michael’s children growing up without a dad. Murray’s behavior throughout seemed arrogant. In the documentary filmed during the trial, Murray never seemed to show outward sorrow or empathy for his role in Michael’s death. And he had the gall to visit Jackson’s gravesite with camera crews, forsaking good sense and empathy.
The lying, the hiding and the horrible medical conditions we heard about during the trial are unforgivable. However, Murray’s utter failure to own up to his role in all of this is inexcusable. When his opportunity came to speak to the world about his role, maybe he should have offered some words of kindness to the Jackson family about the death of their son, brother and father. But he didn’t say a word.
Maybe Murray wasn’t surprised at the judge’s comments, or the sentence he received. But then he also shouldn’t be surprised at those who vilify him. Even in failing to appear as something more than a bystander in this case, he didn’t just fail Michael Jackson as a doctor; he failed as a person.
Part 2. Here is a partial transcript of the video concerning Conrad Murray’s recording of Michael Jackson when he was falling asleep under propofol:
Q: When you first heard the tape what was your reaction?
Walgren: It had a profound effect on me. It was sad. It was very sad. It was also repulsive to me that Conrad Murray would be sitting presumably by the bedside making his recording while Michael Jackson as a patient was in that type of condition and Conrad Murray’s thought process would be that it was proper to record him.
I would just like to highlight – this was an iphone application on the phone. It needed to be opened up and activated. The button to how to record had to be pushed and then it needed to be recorded and then stopped and saved at an appropriate time.
I’ve heard someone mention to the media this may have been accidental and I find it absolute nonsense. … I think it was clear that Conrad Murray was seated next to Michael Jackson and was recording him for purposes known only to Conrad Murray.
I found it really sad and very troubling that Conrad Murray as a medical doctor would be recording his patient in that manner. And then to just continue two days later with another huge volume of propofol being ordered and shipped to his girlfriend’s apartment..
Q. Conrad Murray’s civil attorney said he inadvertently recorded it. He didn’t even realize it was on his phone. But the judge made very harsh statements why he believed that it was his “insurance policy” – that if anything had gone wrong in his relationship with Michael Jackson that he would have used it. He didn’t use the word “extortion” – but for the purposes to benefit himself. What do you think?
Walgren: I don’t know too many other possible explanations. The recording was not made accidentally. I think it was absolutely intentionally made by Dr. Murray.
This was, remember, a doctor who did not even keep medical records or notes because he didn’t want to document what he was doing with this propofol treatment. So certainly he would not be making this audio recording for any type of legitimate medical notation or record-keeping. So you are left with kind of determine for what reason did Dr. Murray make this recording and not only make it but clearly keep it on his phone. The recording was made in May and was not recovered until some months later.
I don’t know any other plausible explanation. The judge was quite convinced that that [extortion] was the reason for to be made and I haven’t heard or been offered any other explanation that makes sense to me.
Part 3. Here are some questions and answers from this part:
Q. Do you think Conrad Murray’s statement was truthful at all about anything?
Walgren: Certainly he acknowledged giving propofol for over two months. He indicated it was to assist Michael Jackson in sleeping. I think that was the case.
As far as the particular events of June 25, 2009 it is very hard to say what he said was truthful and what he said was not. I think most of it was not truthful. It was very likely he was out of the room for a great period of time and that he completely abandoned Michael Jackson. In the interview to the police he said he just went into the restroom and was gone for two minutes. I think that’s absolutely not truthful. I think his attention or his physical presence had been gone for a very lengthy period of time and quite frankly we do not know how long Michael was in the bed not breathing before Conrad Murray even noticed him.
…The propofol shipments, the benzodiazepine shipments do not support any theory of “weaning him off” [ in the last two days as Conrad Murray claimed]. We know that benzodiazepines were ordered consistently and had not just been recently ordered as part of a “weaning off” process. So there are a lot of holes in that story.
Q. If he had testified what would you have wanted to ask him?
Walgren: There were so many contradictions in his statement to the police that any questioning of Conrad Murray would have been extremely lengthy and there would have been many areas I would have gone into. But I think one question would be whether there had been an “accident area”, a “near-miss” with Michael Jackson previously.
In other words, “Had there been a moment when Michael had almost died prior to that evening?“
But the [main] question would be, “How could you as a doctor be so completely reckless when you have someone else’s life in your hands?”
UPDATED on February 2, 2012
Flanagan made a motion to release Conrad Murray on a nominal bail (as he has no money) since he “presents no threat to the society”http://www.scribd.com/doc/80158211/Notice-of-Motion-and-Motion-for-Release-Pending-Appeal?secret_password=1no6ie13r6g5nvfay39a
What does it matter whether he presents a threat or not? He committed a crime and was punished for it, so isn’t he to serve at least some term to answer for it?
They say he was a complete saint before Michael Jackson and those were just “unusual circumstances”. The conviction was the result of his “desire to assist” MJ in a difficult situation! And he did assist his patient by never paying attention to him and hoping to get a mere $150,000 a month for all his “goodwill”!
Conrad Murray “never intended to injure anyone”! OMG, if he had INTENDED to injure MJ it would NOT have been an involuntary manslaughter – it would have been an intentional murder punished much more severely!
Not only will he serve only 2 years out of 4, but the poor guy does not want to serve ANY time in a solitary cell! Two months are just enough for him – he prefers to live with his girlfriend and son!
If the motion is granted and it goes on like that why don’t the US authorities let ALL convicts serve nominal sentences?
Let’s say someone poisoned someone through criminal negligence, but since he behaved very well before that and it was the “first time”, let us forbid him to use poison in the future and let him go home patting him on his shoulder and telling him to behave himself.
What of it if the person he poisoned is dead? It was the first time he did it! And he also has 7 children to support! And a harem of women too! The person needs work! How can we be so inhuman and leave the poor children without support of their father?
Cruel, impossibly cruel society! A deplorable state of morals it is if the society does not set the criminal free immediately upon him committing a crime!
The cameras in the courtroom were also terribly in the way for our good guy – they allowed people to see the truth while all they were supposed to know was the convict’s documentary about himself expressing his invaluable point of view on his victim.
Didn’t you know that the victim is always to blame? Not all victims of course, but Michael Jackson for sure? Didn’t you know that whatever Michael Jackson did it was always his fault and no one else’s?
Who said that Michael Jackson could be killed? How dare you? Didn’t Conrad Murray explain to you that it was “just a mistake”?
And he even said that he was sorry! To whom did he say that? Let me see… to two policemen two days after the victim’s death! I didn’t notice it when reading the papers but he says he said sorry to someone, so who am I not to believe him?
And look, this saintly guy is also in dire straits and cannot pay for the bail. Shouldn’t we be merciful and compassionate to the one who meant only well? And let him go on a nominal bail? Especially since he fell a victim to this horrible Michael Jackson who dared die in his hands?
Freedom to the saintly Conrad Murray!
Freedom to the man who did a service to the society!
Freedom to all innocent guys whose victims had the cheek to maliciously die in those innocent hands!