Jackson Doc to Ask for Release From Jail
With Michael Jackson’s doctor in solitary confinement, his lawyer planned to implore a judge to release him on bail as the appeal of his involuntary manslaughter conviction winds its way through the courts.
Conrad Murray Case: Trial Who’s Who, Case Timeline, Galleries
Attorney J. Michael Flanagan was to appear Friday to argue a motion he has filed saying that Conrad Murray should be released either on his own recognizance or on bail with an electronic monitoring ankle bracelet. Murray is in a Los Angeles County jail.
He submitted a declaration from Valerie G. Wass, the lawyer handling Murray’s appeal, who said she will present “at least one argument raising a substantial legal question” which could lead to reversal of Murray’s conviction. If he remains jailed, they said, he could serve his entire sentence before the appeal is decided.
Flanagan suggested that the four-year sentence imposed on Murray was excessive.
“It is difficult to understand how a 58-year-old man with no prior record, who was convicted of one count of a crime that does not involve intended consequences or malice could be given an upper term sentence,” he wrote in his motion.
Murray actually turned 59 on Sunday.
Prosecutors David Walgren and Deborah Brazil said in their reply motion that Murray was properly sentenced in the star’s death and would be a flight risk and a danger to the community if released. They said he practiced “dangerous and experimental medicine” on Jackson leading to his death.
Murray was convicted Nov. 7 of involuntary manslaughter after a trial focusing on use of the anesthetic propofol. Jackson died of an overdose of the drug in June 2009 while in Murray’s care.
Murray’s four-year jail sentence is the highest penalty that could be imposed for that crime. Under current sentencing guidelines he will probably serve half of that term.
Flanagan has said Murray knows he cannot work as a doctor but would find other employment. He said Murray is extremely sorrowful about Jackson’s death.
Doctor convicted in Jackson genocide seeks release
LOS ANGELES — The doctor convicted of involuntary manslaughter in Michael Jackson’s death asked a judge Friday to release him from jail pending his appeal.
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Dr. Conrad Murray, who is serving a four-year jail sentence, said in a declaration that he should be released either on his own recognizance or on bail with electronic monitoring.
He said he is not a danger to society, will not flee the area, and wants to work to help support his seven children.
His lawyer, J. Michael Flanagan, said in the motion that Murray knows he cannot work as a doctor but would find other employment. He suggested the sentence and Murray’s mode of confinement is extremely severe for a man with no prior criminal record.
He said Murray is being held in solitary confinement and is chained to a table when he meets with his lawyers. He also said Murray is extremely sorrowful about Jackson’s death.
Jackson died in June 2009 from an overdose of the anesthetic propofol, administered by Murray. Flanagan conceded that Murray made some medical misjudgments but said he never intended harm to Jackson.
Murray’s appeal has not yet been filed, but the motion offered a preview of some issues that will be raised, including the claim that Superior Court Judge Michael Pastor should have allowed testimony about Jackson’s financial condition.
Flanagan said the exclusion of that evidence “seriously compromised the defendant’s ability to demonstrate the desperate situation which was guiding the decisions and choices of both Mr. Jackson and Dr. Murray.”
Murray appeared to be blaming Jackson for decisions that led to his death.
“Mr. Jackson was an uncooperative patient who made decisions and demands based upon his particular needs,” said Flanagan. “One of which was his extremely precarious financial situation complicated by drug addiction. “
Flanagan also cited the judge’s refusal to sequester the jury and the presence of cameras in the courtroom as appellate issues.
With Murray’s appeal expected to take more than a year to move through the courts, the attorney said it would be unfair to keep him jailed in the interim.
Under sentencing guidelines, Murray is expected to serve no more than half of his sentence. The attorney said if he served his complete sentence he would not receive the benefits of a favorable appeal decision if his case was overturned.
A hearing on the motion was set for Feb. 24.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Doctor Convicted in Jackson Death Seeks Release
The doctor convicted of involuntary manslaughter in Michael Jackson‘s death asked a judge Friday to release him from jail pending his appeal.
Dr. Conrad Murray, who is serving a four-year jail sentence, said in a declaration that he should be released either on his own recognizance or on bail with electronic monitoring.
He said he is not a danger to society, will not flee the area, and wants to work to help support his seven children.
His lawyer, J. Michael Flanagan, said in the motion that Murray knows he cannot work as a doctor but would find other employment. He suggested the sentence and Murray’s mode of confinement is extremely severe for a man with no prior criminal record.
He said Murray is being held in solitary confinement and is chained to a table when he meets with his lawyers. He also said Murray is extremely sorrowful about Jackson’s death.
Jackson died in June 2009 from an overdose of the anesthetic propofol, administered by Murray. Flanagan conceded that Murray made some medical misjudgments but said he never intended harm to Jackson.
Murray’s appeal has not yet been filed, but the motion offered a preview of some issues that will be raised, including the claim that Superior Court Judge Michael Pastor should have allowed testimony about Jackson’s financial condition.
Flanagan said the exclusion of that evidence “seriously compromised the defendant’s ability to demonstrate the desperate situation which was guiding the decisions and choices of both Mr. Jackson and Dr. Murray.”
Murray appeared to be blaming Jackson for decisions that led to his death.
“Mr. Jackson was an uncooperative patient who made decisions and demands based upon his particular needs,” said Flanagan. “One of which was his extremely precarious financial situation complicated by drug addiction. “
Flanagan also cited the judge’s refusal to sequester the jury and the presence of cameras in the courtroom as appellate issues.
With Murray’s appeal expected to take more than a year to move through the courts, the attorney said it would be unfair to keep him jailed in the interim.
Under sentencing guidelines, Murray is expected to serve no more than half of his sentence. The attorney said if he served his complete sentence he would not receive the benefits of a favorable appeal decision if his case was overturned.
A hearing on the motion was set for Feb. 24.
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Michael Jackson Doctor Requests Release From Jail
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The doctor convicted of involuntary manslaughter in Michael Jackson’s death asked a judge Friday to release him from jail pending his appeal.
Dr. Conrad Murray, who is serving a four-year jail sentence, said in a declaration that he should be released either on his own recognizance or on bail with electronic monitoring.
He said he is not a danger to society, will not flee the area, and wants to work to help support his seven children.
His lawyer, J. Michael Flanagan, said in the motion that Murray knows he cannot work as a doctor but would find other employment. He suggested the sentence and Murray’s mode of confinement is extremely severe for a man with no prior criminal record.
He said Murray is being held in solitary confinement and is chained to a table when he meets with his lawyers. He also said Murray is extremely sorrowful about Jackson’s death.
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Jackson died in June 2009 from an overdose of the anesthetic propofol, administered by Murray. Flanagan conceded that Murray made some medical misjudgments but said he never intended harm to Jackson.
Murray’s appeal has not yet been filed, but the motion offered a preview of some issues that will be raised, including the claim that Superior Court Judge Michael Pastor should have allowed testimony about Jackson’s financial condition.
Flanagan said the exclusion of that evidence “seriously compromised the defendant’s ability to demonstrate the desperate situation which was guiding the decisions and choices of both Mr. Jackson and Dr. Murray.”
Murray appeared to be blaming Jackson for decisions that led to his death.
“Mr. Jackson was an uncooperative patient who made decisions and demands based upon his particular needs,” said Flanagan. “One of which was his extremely precarious financial situation complicated by drug addiction. “
Flanagan also cited the judge’s refusal to sequester the jury and the presence of cameras in the courtroom as appellate issues.
With Murray’s appeal expected to take more than a year to move through the courts, the attorney said it would be unfair to keep him jailed in the interim.
Under sentencing guidelines, Murray is expected to serve no more than half of his sentence. The attorney said if he served his complete sentence he would not receive the benefits of a favorable appeal decision if his case was overturned.
A hearing on the motion was set for Feb. 24.
Copyright Associated Press
Judge denies Jackson doc’s bid for new testing
LOS ANGELES —
A judge denied a request Monday by lawyers for the doctor convicted of causing Michael Jackson’s death to have an independent laboratory test the contents of a key vial of evidence.
Just days before the scheduled sentencing of Dr. Conrad Murray, Superior Court Judge Michael Pastor said defense attorneys could have sought the testing months ago or even during the doctor’s six-week trial but chose not to.
“You’re not involved in fishing, you’re involved in foraging,” Pastor said.
Murray’s attorneys wanted a lab to test a small amount of liquid found in a vial of the anesthetic propofol that authorities contend was used to help Jackson sleep on the day he died.
Defense lawyer J. Michael Flanagan argued the results would reveal the accuracy of a theory by a prosecution expert who testified that Murray left Jackson’s bedside while the singer was on an IV drip of propofol and the painkiller lidocaine.
Murray had been giving Jackson nightly doses of propofol to help the singer sleep as he prepared for a series of comeback concerts.
Deputy District Attorney David Walgren contended there was no legal basis for the testing and said Murray received a fair trial.
Pastor examined the propofol vial, which was found in the closet of Jackson’s bedroom, before issuing his ruling.
Flanagan said it didn’t occur to him that the contents of the vial should be tested until after the conclusion of Murray’s trial, which ended Nov. 7 with the conviction of the cardiologist on an involuntary manslaughter charge.
Flanagan said if prosecution expert Dr. Steven Shafer’s theory is correct, the small amount of liquid that remained in the vial should contain lidocaine. In that case, “that’s the ballgame” and would prove Murray did leave the singer alone on an IV drip, Flanagan said.
Flanagan also argued that Shafer didn’t tell jurors that he believed Murray injected lidocaine into the propofol vial until Shafer was called as a rebuttal witness in the final moments of testimony.
Walgren said Shafer and other witnesses acknowledged that they didn’t know exactly what happened in Jackson’s bedroom before the singer’s death on June 25, 2009. Shafer was one of several experts who told jurors that he could only theorize on events based on toxicology results, Murray’s statements to police and evidence found at the scene.
“Whether there was lidocaine in that bottle or not is completely irrelevant,” Walgren said.
Murray is set to be sentenced on Nov. 29. Walgren said he is finalizing work on a sentencing memorandum and several people may speak during the hearing. He did not say whether members of Jackson’s family, several of whom attended the trial daily, would offer statements.
Murray remains jailed and faces a possible sentence ranging from probation to up to four years.
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Anthony McCartney can be reached at http://twitter.com/mccartneyAP
