Dr. Conrad Murray's Mounting Legal Woes

by John M. Curtis
(310) 204-8700

Copyright November 11, 2011
All Rights Reserved.                                         

     Convicted of involuntary manslaughter Nov 7 for the June 25, 2009 death of pop singer legend Michael Jackson, handcuffed and led off to County Jail, Dr. Conrad Murray faces a slew of civil lawsuits before Los Angeles Superior Court Judge Michael Pastor decides his sentence. While most believe Murray will spend only a few months in jail, he faces growing legal problems arising from Jackson’s death.  Jackson’s father, Joe, sued Murray for wrongful death, hoping for restitution off Murray’s malpractice insurance, vigorously fighting any payouts.  Jackson’s family wants to reclaim at least a part of losses from Michael’s aborted “This Is It” British tour.  Murray’s egregious conduct snuffed out one of the world’s most talented performers, warranting legitimate damage claims from Jackson’s family.  Murray’s defense team intimated that all bets are off when it comes to civil trials

            Judge Pastor’s pretrial instructions to Murray’s defense team explicitly prohibited introducing evidence of Jackson’s prescription substance abuse, financial problems and alleged history of pedophilia.  Had Chernoff been allowed to cross examine witnesses and experts about past allegations of Jackson’s substance abuse and pedophilia, the defense team claims they would have won acquittal or a hung jury.  Talking about Jackson’s alleged pedophilia and prescription drug abuse would have been a game-changer, shifting sympathies from Jackson to Murray.  Murray’s defense team found themsleves handcuffed by Pastor’s restrictions, forming the basis of their current appeal. Pastor restricted Chernoff from bringing up extraneous information about Jackson’s personal life.  Raising incendiary issues expressly prohibited by Pastor shouldn’t fly with the appellate court.

            Jackson’s father plans to present more detailed evidence and testimony about what really happened in the morning of June 25, 2009.  Joe’s wrong death suit “will absolutely focus on what happened before the last few hours of Michael’s life,” showing the unthinkable incompetence and conspiratorial motives leading to Jackson’s untimely death.  Murray’s defense team tried to confuse jurors that Jackson died from the synergistic effects of prescription drugs other than the anesthetic propofol.  Jurors didn’t buy that other residual drugs in Jackson’s system contributed to his death.  They didn’t believe the defense’s star medical expert Dr. Paul White, who insisted, without any proof, that Michael overdosed himself with propofol.  Jurors apparently believed the Los Angeles County Corner’s report that indicated that Jackson only had “trace” amounts of other drugs in his bloodstream.

            Murray’s civil defense counsel has already warned that they intend to pull out all the stops defending wrongful death.  Murray’s attorney Charles Peckham wants to go after Jackson’s Beverly Hills dermatologist Dr. Arnold Klein for allegedly addicting the pop singer to the painkiller Demerol.  Like the criminal trial, any allegation of Demerol abuse will be met with the inescapable facts in the Corner’s toxicology report that Jackson had none of the drug in his system.  Murray’s criminal defense counsel made much ado about Jackson’s alleged Demerol abuse under Dr. Klein without providing any proof.  Citing anecdotal reports in old newspapers was not proof of Jackson’s Demerol problem.  “There is substantial proof that support the belief that the insomnia Michael Jackson was experiencing was a result of the overmedication of Michael Jackson with Demerol,” Peckham told reporters.

            Trying cases in the media before they hit the courtroom was the favorite strategy of O.J. Simpson’s late criminal defense attorney Johnnie L. Cochran.  While civil trials involve a less stringent burden of proof, presenting Jackson has a substance abusing pedophile won’t work unless Murray’s defense team provides concrete proof.  Jackson’s family seeks to capitalize on Murray’s malpractice insurance, expressly invalidated when insured physicians get convicted of felonies. If Murray’s civil defense team pays attention, Murray ran out of money long ago.  While his defense team gets free publicity defending Murray, that won’t pay the formidable litigation costs.  “As a convicted felon, he is not permitted to profit from his crime,” said Joe’s attorney Oxman.  “The family has a right to receive those funds,” referring to an MSNBC documentary on Jackson’s death expected to generate heft profits.

            Murray’s chances of extricating himself on appeal are slim and none.  With limited resources, his defense team can only argue that he wasn’t given a fair trial because of Judge Pastor’s evidentiary rulings.  As the trial judge, Pastor had every right keep prejudicial evidence and testimony away from jurors.  While Murray’s attorneys continue to cry foul, they hurt their own case by throwing too much at the wall and hoping it stuck.  Chernoff couldn’t figure out whether or not to push for a self-administered overdose or a multiple drug theory that killed Jackson.  When jurors finally heard the star defense medical expert Dr. Paul White say he would have never given Jackson propofol at home, the defense made the DA’s case.  Now that civil lawsuits are flying, Murray can only hope he stays behind bars.  Judging by current sentencing practices, he’ll be back in court soon.

About the Author 

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

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