My take on the testimony - so far..

ivy

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Gaz has been asking me to write a commentary about the trial for weeks now. Unfortunately doing the summaries literally left me no time to write anything until now..

- My take on the testimony after 3 weeks of testimony -

Initially I thought I was ready for this trial. We have been waiting for years for this trial to start, we had had several delays I strongly felt that it was time for it to start. I also had a plan for the coverage of the trial. So I was ready but boy I was so wrong.

The first day of the trial and the picture of Michael on the gurney would have made me physically ill and it would remind me that what we are dealing with here. No we would never be ready for this but it wasn't the time for weakness. We need to get ourselves up from the floor and continue our work..

My initial impression of the Prosecution was that they were very well prepared and organized. They seemed effective and time just confirmed my initial impression. Prosecution is doing a wonderful job. Perhaps their strongest point is that they are keeping the case and their main points simple so that the jurors can easily understand.

Defense was on the other hand a stark difference. On the very first day I wondered if they were that weak and could be that disorganized or if it was actually an act. I couldn't help but remember Jose Baez from Casey Anthony trial and how he seemed like an underdog but actually went to win that lawsuit. My opinions about the defense is still the very much same. Over the 3 weeks we have seen disorganization, confusing questions, hard to understand train of thoughts and even sometimes asking questions that would make the prosecutions points and even calling their client a liar. Currently I personally cannot see where they are going..

There have been some shocking revelations during testimony. Gurney photo and autopsy pictures are first two. As I said in the very first paragraph, although we knew about them, none of us were prepared for them. Although they have created quite a discussion and criticism, I believe they were needed to humanize Michael ( so that the jurors will not see him as this immortal artist but a dead human being) and make the stark difference that he was performing on a stage a few hours earlier and now was lying dead on a gurney. Prosecution is trying to make the point that there was no reason for him to die - except Murray's so called treatment.

Kenny Ortega's email and Dileo's voice mail was also interesting revelations and quite a learning experience. Those two men had tried to help Michael by Kenny suggesting a psychologist and Dileo suggesting testing Michael. That showed that they cared. Unfortunately people were quick to jump to conclusions after Michael's death and accuse these people of not caring for Michael and even portraying them as responsible parties in Michael's death when they didn't know what they did or didn't do. Obviously this is a hard pill to swallow for that group of people but it should be a lesson to us all. The saddest thing was that even though they tried, they were getting shut down by Murray saying that Michael was healthy and they should let him be the doctor.

May 10 recording was the other shocking revelation. I still cannot figure out why Murray would record Michael in that situation but with that recording we saw the pure heart of Michael. Even though he was under the influence he was thinking about helping the children by building a children's hospital. I hope that first of all this would change the general public's opinion about Michael and that it becomes a reality in the future.

Now the significant witnesses

- Kenny Ortega did a good job of portraying Murray as the person who shot them down when they were worried about Michael. He showed that Murray controlled all of Michael's care.
- Paul Gongaware did a good job of showing the greed of Murray.
- Kathy Jorrie again showed Murray's focus on money as well as his assurance of Michael is healthy.

(on a semi related side note : after listening to Paul Gongaware and Kathy Jorrie I believe Katherine Jackson's lawsuit against AEG would be a hard case)

- Michael's bodyguards and chef : They were helpful in explaining what happened that day and even portray Murray as hiding evidence. Defense was able to raise question about some of their actions (such as Kai Chase not going to get the security and the bodyguards doing what they are told). I think it would all depend on the jury and whether they would see these people as hired help that does what they ordered to do or not.

- Paramedics and ER Doctors who effectively showed that Murray kept information from them and that "MJ was down for a few minutes" was probably a lie.

- Murray's girlfriends has demonstrated what Murray was paying attention to at that moment as well as how Murray bragged about being the doctor of Michael.

- Elissa Fleak might have been the weakest person to testify or the person that the defense was most successful in discrediting. However combined with Detective Smith's testimony and the fact that this was not a homicide investigation to start with and it was just a death evaluation, jurors might add 2 and 2 together and see the reason for Fleak's not complete investigation.

- Medical staff and doctors (including toxicologist, coroner and heart and sleep experts) did a wonderful job in holding their ground, demonstrating Murray's gross negligence and his lack of "standard of care". They also successfully debunked some of the defense theories , as well as they made the point that even though Michael self administered any drug they would still place the responsibility on Murray.

One really devastating point from the testimony was that learning that Michael could have been saved with proper technique and if 911 was called sooner. It's such a sad thing to hear and honestly it makes me more angrier towards Murray and makes me wanna shout "murderer" from roof tops.

How about the outcome of the case? Well although I am highly impressed by the prosecution, how they presented their case and most of their witnesses, it's too early to tell or start to celebrate. We need to watch and see what the defense has under their sleeve. Only after hearing both sides we can have a batter understanding of what we are dealing with. Even after that the outcome will be solely determined by 12 people..
 
Good analysis. I have been watching the live-stream, and very little of the talking heads on tv. But tonight I watched Dr. Drew (can't stand him). He seems to have turned AROUND now, almost entirely. Yeah, he's still pushing the "addict" theme (that's his schtick?) BUT, he came out strongly against Murray, and even said he's had a "change of heart" and now believes Murray is totally guilty and will be convicted. He was saying that in addition to the "six points" of "gross negligence," (he went through each one), that there were also HIPPA (sp?) violations, in not only "befriending" Michael (and thus destroying the doctor/patient relationship), but that he took his "ho" (Drew didn't say "ho," of course) to MEET Michael! Which was a clear violation of confidentiality. . that he should have mentioned to NO ONE that Michael was his patient. He said that if Michael somehow "self-medicated," that was STILL Murray's fault, in that he "abandoned" him.

As this testimony unfolds, I see it as "meta-testimony," i.e. over-arching and foundational, and "minor" testimony. The meta-testimony was from the medical experts, most notable being Steinberg, who did a GREAT job. The trial is ABOUT whether or not Murray contributed to Michael's death, and whether his negligence made his death "inevitable." The minor testimony is details trashing Michael's character, or suggesting that "someone else" contributed to his death (the "devil," Klein, or Michael, himself), even though Murray was the doctor THERE, at that time. I think I.M. has already been proven in this case, and I DO trust the jury's common sense.

The defense has mostly been doing THIS -- they have been MISQUOTING the witnesses, and trying to get them to validate the misquotes. So far, the witnesses have not fallen for it.
 
Good commentary, Ivy.

Oh, has Dr. Drew stopped saying how he felt sorry for Murray for getting "caught up" in all this? Well, if he's coming around I'm glad to see this. It sure took him a long time.

The slurred speech audio of Michael should help more people understand who Michael really was but I'm afraid there will always be those who are closed minded and who refuse to seek out the truth, even when it's handed to them on a silver platter. I have a sister who to this day despite whatever I tell her believes MJ is guilty (of many things). She will not read the Aphrodite Jones book, she makes tasteless jokes about MJ (that hurt me very much) and she refuses to watch the trial so I doubt she has even heard that audio recording and if she has she probably will just interpret it to suit her beliefs. I hate to think that there are so many more out there just like her who just cannot or refuse to see the good, kind, misunderstood, gentle soul Michael really was.

Oh, and at this stage of the trial I really cannot see how this jury won't convict Murray. But you never know. Wishing for justice...
 
Ivy, thanks for this very meaningful commentary. I agree with all the points you raised--prosecution came out really strong so far. Now call me overly optimistic, whatever defense have up their sleeve, I expect Walgren and Brazil to carry on with strong cross-examinations that will only reinforce prosecution's position.
I'm also glad you pointed out the benefits from different procedures (like the gurney photo) and testimonials. Hopefully these will sink with the jury members. They don't have to be MJ fans to see what's happening--all we need to pray for is that there is no concealed hater among them who of course would be blind to facts.
 
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