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Thread: Appeal Thread - Murray Filed for Appeal / Update: Appeal DENIED

   
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    Default Appeal Thread - Murray Filed for Appeal / Update: Appeal DENIED

    The below info is copied from Positively Michael by permission

    Posted by GlitterySocks at http://www.positivelymichael.com/for...-Appeal-Thread

    Yesterday Murray's team indicated that they would file paperwork for an appeal either yesterday or today. This morning I watched a Flanagan interview on 'The Early Show' this morning, and he outlined the defense's rationale for an appeal:

    1. No jury sequestration
    2. Michael's financial debt was not allowed to be discussed (showed desperation)
    3. Couldn't subpena Klein, could only discuss his records
    4. Issue of bottle in evidence that contains propofol--if it is 90% propofol, that would validate the infusion theory, if 100% propofol, couldn't have been an infusion.

    He said there are several other issues as well, and that they will be discussed in the Appellate court. Yesterday during the post-hearing press conference he implied that Judge Pastor was biased against his team, he was overly harsh on Murray, and that his mind was made up prior to the hearing. He said something along the lines of "Pastor's actions should be evaluated by another court of law".

    One other point of interest is that he said that they consider Murray to be in danger in the general prison population. I am assuming this means that they will want him in solitary confinement.
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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by ivy View Post
    4. Issue of bottle in evidence that contains propofol--if it is 90% propofol, that would validate the infusion theory, if 100% propofol, couldn't have been an infusion.
    This is a response from Dr. Shafer - posted by Muzikfactorytwo on twitter - http://xltweet.com/show/?id=53515154564D


    I asked Dr Steven Shafer his opinion re: Conrad Murray request to test 100ml Propofol vial for Propofol/Lidocaine concentration. Judge Pastor DENIED this request this morning stating that it is too late. Following is Dr. Shafer's response:

    "I would assume that since the defense requested the test, they did so because Conrad Murray told them he didn’t inject lidocaine into the bottle (tacitly admitting that he used the bottle for his infusion).

    It isn’t relevant. Conrad Murray could just as easily have had a syringe of lidocaine that he injected whenever MJ complained of propofol burning. I thought that he might have mixed lidocaine into the bottle, but since the defense made this request he probably didn’t do that.

    The other possibility is that Conrad Murray gave 100 mg of lidocaine IV at the time of the arrest. Since he had no ECG, he didn’t know if Michael Jackson might have had some arrhythmia. In that case, 100 mg of lidocaine would actually have been a reasonable drug to inject. Particularly considering that Murray was a cardiologist, lidocaine injection as part of his efforts would not be too out of line. (Lidocaine is a first line drug in cardiac arrest).

    All of this is speculation, because there are no medical records. If there were medical records we wouldn’t be engaging in this “guess what I did” nonsense.

    My conclusion from this is that there was no lidocaine in the bottle, and Conrad Murray gave it to Michael Jackson directly rather than mixing it in the bottle. As mentioned, it doesn’t matter, because Michael Jackson died of a propofol overdose, not a lidocaine overdose."
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    Default Re: Possible Appeal Thread - All Discussion

    Thanks ivy. talk about scrapping the barrell with those reasons for appeal.

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    Default Re: Possible Appeal Thread - All Discussion

    So if mjs money issues came in so would have murrays so one wipes out the other. klien would have hardly incriminated himself and shaffer has explained the lidocaine. very weak arguments

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    Default Re: Possible Appeal Thread - All Discussion

    Based on what we have seen from Klein's interviews he could have said that Michael was addicted to Propofol. He blames Hoefflin and talks about interventions. To Pastor other doctors didn't matter. but it's hard to say what the jurors might have thought if Klein was on that stand calling Michael a propofol addict.
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    Default Re: Possible Appeal Thread - All Discussion

    True. i guess i was thinking more from the demoral side of things.but interms of the actual charge its not evidence that would support an appeal interms of showing murray didnt commit gross negligence

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    Default Re: Possible Appeal Thread - All Discussion

    gosh please no. I don't want the madness to continue or restart let us all heal from what we've experienced, let Michael for once rest in peace.
    Loving you forever can't be wrong
    Even though you are not here
    Won't move on



    Michael + Me


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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by ivy View Post
    Based on what we have seen from Klein's interviews he could have said that Michael was addicted to Propofol. He blames Hoefflin and talks about interventions. To Pastor other doctors didn't matter. but it's hard to say what the jurors might have thought if Klein was on that stand calling Michael a propofol addict.
    yes, but the problem was not that propofol was given - that's legal. The problem is the way it was given : no adequate medical equipment then the cover up and lies, 20mn to call 911. And Michael dying on a drip, while Murray was talking on the phone to his girlfriend. Klein would not have helped the defense much, IMO.

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    Default Re: Possible Appeal Thread - All Discussion

    regardless imo..even if Klein DID testify and he did say that Michael was a propofol addict...NONE of them were in that room on June 25th,,and NONE of them did what Murray did and that was not meeting the standards of care for his patient..so IMO...all convicts will go through their string of appeals...they are entitled to them by law..however..these appeals are also thrown out., I am not worried,
    "His stirring voice, his musical genius, his creativity and his generosity and his huge heart was extinguished forever." Panish

    "When you want to be close to me, listen to the music the L.O.V.E is stored there and will not die..!" ~ #MichaelJackson ~


    Music has been my outlet, my gift to all of the lovers in this world. Through it, my music, I know I will live forever...MJ...

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    Default Re: Possible Appeal Thread - All Discussion

    Theres also the issue of the jury instructions where even if the jury thought mj self injected they could still convict. so that ruins an appeal theory interms of the defence basically saying mj was desperate and the finances would have shown that

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    Default Re: Possible Appeal Thread - All Discussion

    Imo the only way for any appeal to even get off the starting block is evidence to show murray wasnt negligent as thats what the charge is about.

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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by elusive moonwalker View Post
    Imo the only way for any appeal to even get off the starting block is evidence to show murray wasnt negligent as thats what the charge is about.
    agreed.
    "His stirring voice, his musical genius, his creativity and his generosity and his huge heart was extinguished forever." Panish

    "When you want to be close to me, listen to the music the L.O.V.E is stored there and will not die..!" ~ #MichaelJackson ~


    Music has been my outlet, my gift to all of the lovers in this world. Through it, my music, I know I will live forever...MJ...

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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by elusive moonwalker View Post
    Imo the only way for any appeal to even get off the starting block is evidence to show murray wasnt negligent as thats what the charge is about.

    Exactly. And didn't Murray admit a long time ago to giving Michael the propofol after Michael had been "begging" him? If so, then to me, that would mean that Murray would have had to be initially resisting Michael's request for it. But then gave in when Michael (allegedly) kept "begging". In addition, he has claimed that Michael had dependence issues with Propofol to start with. Personally, the fact that he has admitted to giving Michael the propofol at all when he has claimed to have at least suspected that there was already a problem gives me the impression that he knew better. Why should he get an appeal when he could have prevented the unthinkable from happening by simply not giving Michael that stuff, let alone not even having the stuff in the house to begin with? This is all just my opinion.
    Last edited by Kingofpop4ever3000; 30-11-2011 at 10:07 PM.

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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by Bitter_finalEE_twinklEE View Post
    gosh please no. I don't want the madness to continue or restart let us all heal from what we've experienced, let Michael for once rest in peace.
    I understand that but they will file for an appeal.
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    Default Re: Possible Appeal Thread - All Discussion

    Quote Originally Posted by ivy View Post
    Based on what we have seen from Klein's interviews he could have said that Michael was addicted to Propofol. He blames Hoefflin and talks about interventions. To Pastor other doctors didn't matter. but it's hard to say what the jurors might have thought if Klein was on that stand calling Michael a propofol addict.
    I'm sure if Klein was on the stand calling Michael a Propofol addict the jury would have condemned Murray a Dr for ordering gallons of the stuff instead of refusing to give him what he wanted. It looks like there's an answer for every one of the defence appeal request's 'at least I hope there is.'
    I AINT SAY THAT ISH !!
    "lies run sprints, the truth runs marathons"
    " An eye for eye only end's up making the whole world blind". M.K. Gandhi

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