Murder charges in Michael Jackson case are unlikely

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Murder charges in Michael Jackson case are unlikely, source says
The investigation is far from over, but a law enforcement official says there's nothing to suggest murder. Some doctors could face lesser charges of improperly prescribing drugs, but not any time soon.

By Jack Leonard and Harriet Ryan

July 19, 2009


Michael Jackson's death is unlikely to result in murder charges against any of the performer's doctors, according to a senior law enforcement official familiar with the evidence being assembled by a multiagency investigation.

"There's nothing I have been told that would suggest a murder charge. It's just so remote and so unsupported by the facts as they've been gathered," said the official, who spoke on the condition of anonymity because the probe is continuing.

The official's assessment seemed designed to lower expectations for a quick conclusion to the investigation and to tamp down speculation that there was a clear criminal culprit in the unexpected death of one of the world's most famous men.

"There's a lot of hysteria out there," the official said.

Some of the speculation about criminal conduct has been fueled by members of Jackson's family. His father, Joe, recently told ABC News, "I do believe it was foul play." The singer's sister La Toya was quoted in a British tabloid calling her brother's death a murder and alleging, "It was a conspiracy to get Michael's money."

The official said that three weeks into the case, investigators from the Los Angeles Police Department, the county coroner's office, the district attorney's office and the Drug Enforcement Administration remain "so far away" from concluding their investigation.

Widespread reports about the imminent arrest of one or more of Jackson's physicians are wrongheaded, he said.

"They are not suspects," he said of several doctors who were ordered to turn over Jackson's medical files to authorities. "They are repositories of medical history. . . . There's been a high level of cooperation."

He also discounted reports that the singer's death might have been a suicide attempt, saying there was no evidence to suggest that.

Multiple law enforcement sources confirmed that the Jackson investigation is unfolding more slowly than the sometimes-breathless coverage has suggested. At one point, there were widespread reports that the coroner's office would release results of Jackson's toxicology report as early as Monday. Officials now say that will likely take longer.

If the toxicology report indicates that Jackson's death was caused by propofol, the powerful anesthetic found in his home, prosecutors could bring charges against doctors or others involved in giving him the drug. Prosecutors have discussed a range of possible charges in that scenario "all the way up to involuntary manslaughter," the senior law enforcement official said.

But the sources agreed that the probe may end without criminal charges directly related to the death. Even if the coroner declares the case a homicide, authorities may not pursue charges, said one source familiar with the investigation.

"There are plenty of homicides where . . . no one is accused of murder or manslaughter," that official said, adding that Jackson's well-documented battles with prescription drug abuse would be a strong defense to any charges. Jackson's doctors may face charges for using fake names on prescriptions, a violation of state and federal laws, or for illegally furnishing the performer with medication -- as in the case pending against doctors for model Anna Nicole Smith.

That investigation took two years to build into a criminal case.

"Nothing will happen quickly," said one police official, who like others working on the case demanded anonymity because he is not authorized to speak publicly.

The law enforcement investigation of Jackson's death began soon after the singer stopped breathing in a bedroom of his rented Holmby Hills mansion June 25. LAPD detectives quickly announced that his personal physician, Dr. Conrad Murray, who was in the home at the time of Jackson's death, was wanted for questioning.

During a three-hour interview with detectives the following day, Murray described in detail his treatment of the singer. In public statements later, Murray's attorney said that the physician gave no medication that "should have" caused his death and that he was just as mystified as everyone else at the pop star's sudden death. The attorney subsequently refused to answer media inquiries about the propofol found in Jackson's home.

After autopsy results were inconclusive, the coroner's office ordered the toxicology screening. Jackson's struggles with addiction to Demerol and other prescription drugs date to the early 1990s, and at the time of his death he had prescriptions for multiple medications, including at least one prescribed using the pseudonym Omar Arnold, according to officials with knowledge of the investigation.

Coroner's officials served subpoenas on several of Jackson's physicians. Those told to submit "any and all" of Jackson's medical files and radiology and psychiatric records include Dr. Arnold Klein, a Beverly Hills dermatologist who counted Jackson among his celebrity clientele for more than two decades. Klein's lawyer met with investigators last week and emerged saying his client was not accused of wrongdoing.

Even if the toxicology report shows large amounts of prescription drugs in Jackson's blood, the district attorney's office may not file charges, the senior law enforcement official said.

If Jackson's death is determined to be the result of a heart defect or caused by decades of drug abuse, "probably you have no case at all," he said.

If propofol is determined to be the cause of death, he said, the district attorney's office is more likely to act. The anesthetic, which renders surgical patients immediately unconscious, is not designed for use outside the operating room, and it is unclear how Jackson obtained it and who may have administered it to him.

Vesna Maras, a former L.A. County deputy district attorney who prosecuted physicians and nurses in medical cases, said fatal overdoses can present a challenge for prosecutors when numerous doctors are prescribing drugs.

"If it is a combination of drugs, and these drugs . . . were coming from multiple sources, the argument can be made that the doctors did not know their patient was doctor-shopping. . . . That can make it really hard to prosecute," said Maras.

But, she said, that calculus can change when a drug such as propofol -- which is only meant for use by anesthesiologists -- is involved. If investigators determine that a doctor who wasn't an anesthesiologist administered the drug to Jackson without the required devices to assure proper breathing, "in that case, I would not rule out filing a murder case," she said.

In 2004, Maras prosecuted two Burbank nurses for involuntary manslaughter for administering the anesthetic to a cancer patient without authorization of an anesthesiologist. The patient died. One nurse pleaded no contest to a lesser charge. The other was acquitted.

Bryan Liang, executive director of the Institute of Health Law Studies at California Western School of Law, said he would not be surprised if prosecutors decided not to charge the doctors.

He said evidence in Jackson's death may be used more effectively in civil court or by the state medical board, which can strip doctors of their licenses.

"The medical care system has traditionally been regulated through civil cases, so juries generally don't like to find physicians criminally liable," he said. "They are happy to grant damages, but in terms of throwing a physician in jail, you really have to rise to really egregious behavior . . . and prosecutors recognize that."

http://www.chicagotribune.com/news/la-me-jackson-legal19-2009jul19,0,4848726,print.story
 
"If Jackson's death is determined to be the result of a heart defect or caused by decades of drug abuse, 'probably you have no case at all,' he said."

Actually the opposite might be the case. If Michael had medical problems that could have prevented him from fulfilling his contract, the organization would have faced a major financial problem for failure to fulfill the contract. Any collapse short of death could have resulted in a lawsuit for breach of contract.

He was already facing a recently filed lawsuit alleging he failed to perform a reunion concert tour.
http://www.usatoday.com/life/people/2009-06-10-michael-jackson-suit_N.htm

The people whose jobs depended upon Michael could have faced a threat to those jobs if he were to have lost a breach of contract lawsuit. However, the organization can still function profitably with Michael dead because it still has a revenue stream without the liability of a lost lawsuit.

It's not unusual in the entertainment industry for entertainers to be ripped off by their business managers, agents, etc. who do not always have an entertainer's best interests at heart.
 
Actually I remember he was admitted to hospital as early as 1990 and it was said that a heart specialist was treating him, so maybe he could have had some kind of heart contition. But I don´t know what the problem was exactly. Some said it was a panic attac etc.
 
Actually I remember he was admitted to hospital as early as 1990 and it was said that a heart specialist was treating him, so maybe he could have had some kind of heart contition. But I don´t know what the problem was exactly. Some said it was a panic attac etc.

Does anyone have a link to a story on that? I believe you I just want to read about it.
 
I hate the way they say there is a lot of 'hysteria out there' as if you are mad to question all of what happened. Why wouldn't we? A lot of what happened on that day that has been talked about, just does not add up!
 
"If it is a combination of drugs, and these drugs . . . were coming from multiple sources, the argument can be made that the doctors did not know their patient was doctor-shopping. . . . That can make it really hard to prosecute," said Maras.

I think there is a lesson to be taken out of this statement. A lot of people Doctor shop.. and in the process they don't let each doctor know that they are already being treated.... and even worse don't inform each Doctor what they are currently taking...

Mixing drugs is a dangerous, dangerous game to play with your body.


I can't help but question the usefulness of half the pills on the market anyway. I also found that when I was in the states last ('07) when I watched tellie every 3rd or so commercial was for a pill of some sort (back ache, sleepless nights, hayfever, cold and flu, head ache, itchy feet, snot nose children, etc, etc). In Aus we don't have as many commercials as I was overwhelmed with in the states... and I wonder if that's due to the current way the US's health system is set up.
 
The authorities can take however long they want imo, as long as they're doing a thorough job. Will we accept the outcome? I can't say. But they need to think outside the box, find the TRUTH and get it right! MICHAEL DESERVES THAT!!!
 
The article claims that Michael was with Dr klein for over 20 years. Was he with him that long? From the Larry King Live interview I got the impression he may have become his doctor in the 90s.
 
Hmmmmmmmm, I need a little time to digest this article.....There's something about it....
 
This article really doesnt confirm either way how the case is going, just looks at possible causes. Again, the tox reports should shed more light, everything else at this stage and without those results really doesnt get us any further to the truth.
 
Yeah, but this article came out all the way in July before the coroner even ruled it a homicide. Hasn't a lot happened since then?
 
Yeah, but this article came out all the way in July before the coroner even ruled it a homicide. Hasn't a lot happened since then?

It is old but it was ruled a homocide if you listen to the interviewer. What bothers me is not securing everything and is this one of the reasons everything is taking so long.
 
I'm sorry. I was not clear. I was still listening to what you posted. I was talking about the article Trish posted. It was from July.
 
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