Here are some good articles about the prosecutors case against Murray. Good to discuss I think.
Thanks to Kasume.
http://www.latimes.com/news/local/la-me-michael-jackson-20110103,0,4373689.story
Court to hear details of Michael Jackson's death
At a preliminary hearing Tuesday, the prosecution plans to detail its case against Dr. Conrad Murray, the singer's personal physician.
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By Harriet Ryan, Los Angeles Times
la-me-michael-jackson-20110103
<script type="text/javascript"> TUGS.setInitCount('{"rate_summary":{"total_score":200,"average":100,"total_count":2}}'); TUGS.tugsURL = "http://discussions.latimes.com/"; TUGS.init_starRating(); </script> <!-- sphereit start --> A year and a half after Michael Jackson's heart stopped beating in a bedroom of his rented Holmby Hills mansion, prosecutors are due in court Tuesday to present evidence that the pop star's $150,000-a-month personal physician caused his death.
The preliminary hearing in Los Angeles County Superior Court will determine whether authorities have a strong-enough involuntary manslaughter case to try Dr. Conrad Murray, a cardiologist who has acknowledged administering a dangerous anesthetic blamed in Jackson's death.
Such hearings are typically pro forma proceedings in which homicide prosecutors call only a police detective and a coroner to relate the basic facts of the case.
But for Murray's hearing, which is expected to unfold before a courtroom crowded with Jackson's relatives and fans as well as reporters, prosecutors have said they plan to call as many as 35 witnesses for testimony that will last at least two weeks.
<hr class="hr-promo">
Those summoned to the stand are expected to include medical experts and investigators as well as the security guards and staff who were around the doctor and his famous patient in the days and hours leading up to Jackson's death on June 25, 2009.
Prosecutors David Walgren and Deborah Brazil declined to discuss their reasons for such an involved preliminary hearing, but a spokeswoman for the district attorney's office said it was necessary given the complexities of a case that took homicide detectives and prosecutors seven months to build.
"We have to be able to prove the elements of the crime, and merely to call the coroner to say that a person died is not proving a crime," said Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office.
Involuntary manslaughter refers to a killing done without malice. At trial, prosecutors would need to show that Murray caused Jackson's death either in the commission of a crime not rising to a felony or by acting "without due caution and circumspection."
The level of proof required at a preliminary hearing — sufficient cause — is much lower than the beyond-a-reasonable-doubt standard required for a conviction. Prosecutors must demonstrate only enough evidence to lead a "person of ordinary caution or prudence" to have a "strong suspicion" the defendant is guilty.
A lawyer for Murray, Joseph Low IV, said that given the low bar, he would be surprised if Judge Michael Pastor did not order his client to trial.
"I don't anticipate this is the type of case that the D.A. won't have facts to support the couple of elements necessary for this charge," he said.
But, he said, the extensive hearing had an upside for Murray's defense: the opportunity to talk to prosecution witnesses, including the security guards and some investigators.
Cross-examination "is our first access to a lot of these individuals," he said.
State law allows prosecutors to streamline preliminary hearings by having police officers summarize witness accounts, but former L.A. homicide prosecutor Truc Do said she was not surprised that prosecutors in such a high-profile case were opting for a "full-blown rather than bare-bones" hearing with dozens of live witnesses.
"You want the opportunity to evaluate the strengths and weaknesses of your witnesses and to see how they do under cross-examination," said Do, who prosecuted record producer Phil Spector for murder in the death of actress Lana Clarkson. She added that getting potentially skittish witnesses — such as those from Jackson's inner circle — under oath would be crucial in case they later fled the jurisdiction.
"You may have a concern about loyalties or people who don't necessarily want to cooperate and might become unavailable," she said.
Additionally, an overwhelming display of evidence might push Murray to consider a plea, Do said. "It can be sort of a reality check," she said.
Much of the testimony is likely to concern Murray's use of the powerful surgical anesthetic propofol to treat Jackson's chronic insomnia. The coroner listed the cause of death as "acute propofol intoxication." Propofol is not approved for sleep disorders or home use, and the U.S. Food and Drug Administration says it is so dangerous that only a trained anesthesiologist should administer it.
Murray, 57, who faces up to four years in prison if convicted, has pleaded not guilty. He has said he gave Jackson a small amount of propofol the morning of his death but said through his lawyers that it should not have caused death.
Low declined to elaborate on Murray's defense, but comments at a hearing last week concerning scientific testing of evidence suggested the defense might argue that Jackson injected himself with a large and ultimately fatal amount of propofol.
"I think it's clear they're operating under the theory that the victim in this case, Michael Jackson, killed himself," prosecutor Walgren said.
A defense lawyer at the hearing, J. Michael Flanagan, would not say whether the prosecutor was correct, but he told the judge that the question of who injected the propofol was "the issue in the case."
Defense attorney Ellyn Garofalo, who recently won acquittal for a physician charged with overprescribing drugs to Anna Nicole Smith, said the defense is wise to reveal as little as possible about its strategy at the preliminary hearing.
"Why let the prosecution see your witnesses? Why let them see your defense? Why educate them?" she said.
Low said the defense has a witness list but will not decide whether to use it until after the prosecution's case is presented.
harriet.ryan@latimes.com
Times staff writer Victoria Kim contributed to this report.
also info on the prosecutors:
Deputy District Attorney Truc Do urged jurors Monday in the music producer's retrial to find Spector guilty of second-degree murder, not the lesser possibility of involuntary manslaughter. (she won the murder case)
http://goldsea.com/903/25do.html
Deputy D.A. Truc Do Urges Jury to Convict Spector of Murder
prosecutor told a jury that Phil Spector's history of violence against women was like a game of Russian roulette that ended with the shooting death of actress Lana Clarkson at his hilltop mansion.
Deputy District Attorney Truc Do urged jurors Monday in the music producer's retrial to find Spector guilty of second-degree murder, not the lesser possibility of involuntary manslaughter. His first jury deadlocked 10-2 for conviction.
She referred in her closing argument to Spector as becoming "a demonic maniac" when he drank and "a very dangerous man" around women.
"This case is about a man who has had a history of playing Russian roulette with the lives of women," she said. "Five women got the empty chamber. Lana got the sixth bullet."
A ruling by Superior Court Judge Larry Paul Fidler which permitted testimony by five women in Spector's past was perhaps the most controversial of both trials. All the incidents occurred between 1975 and 1995 but none resulted in guns being fired. All involved women who said Spector confronted them with guns when they tried to leave his presence.
Attorney Doron Weinberg was to present the defense argument Tuesday. The original case prosecutor, Alan Jackson, was to argue as well before the case goes to the jury Wednesday.
Weinberg is expected to say that the 40-year-old Clarkson, a down-on-her-luck actress in despair about her career, put the gun in her mouth and pulled the trigger six years ago. She was best known as the star of the 1985 cult film "Barbarian Queen."
Do, who joined the prosecution team for the second trial, is well known for her expertise with electronic evidence displays. She dimmed the courtroom lights and illustrated every point with photos, PowerPoint displays of testimony excerpts and the video testimony of a now-dead woman who testified at Spector's first trial in 2007.
She even projected a scene of dunes in her native Vietnam and said this illustrated the "shifting sands" of the defense case.
Do spoke briefly about blood spatter evidence which she said proved that Clarkson could not have shot herself, but the bulk of her argument concerned two aspects of the case: the testimony of the five other women and a chauffeur who testified that Spector told him: "I think I killed somebody."
She cited evidence of Spector washing his hands and trying to wash off Clarkson's bloody face after the shooting.
"He can wash his hands clean of her blood but he can't wash them clean of her murder," she said.
At the end of Do's presentation, Weinberg moved for a mistrial, saying she had overstepped the bounds of pretrial rulings by the judge in attacking Spector's character rather than focusing on trial evidence. The judge denied the motion.
Spector, 69, the legendary producer known for his "Wall of Sound" recording technique and his eccentric personality, sat staring straight ahead as the prosecutor spoke. His wife, Rachelle, and one of his sons were in the courtroom.
If convicted of second-degree murder he could draw a sentence of 15 years to life in prison. Involuntary manslaughter carries a penalty of two to four years behind bars.
•Panel Moderator Deborah Brazil '96, a Los Angeles County Deputy District Attorney in the Major Crimes Division handling high profile murder cases, and a member of Southwestern's adjunct faculty who teaches Trial Advocacy
http://www.swlaw.edu/news/overview/newsr.7gp0oLiUwK
Thanks to Kasume.
http://www.latimes.com/news/local/la-me-michael-jackson-20110103,0,4373689.story
Court to hear details of Michael Jackson's death
At a preliminary hearing Tuesday, the prosecution plans to detail its case against Dr. Conrad Murray, the singer's personal physician.
<iframe class="nsbteemfpoftovugqvib nsbteemfpoftovugqvib nsbteemfpoftovugqvib nsbteemfpoftovugqvib nsbteemfpoftovugqvib" src="http://www.latimes.com/hive/common/includes/google-adsense-content-la.html?client=ca-tribune_news3_html&google_ad_channel=Latimes_story_pos1&type=wide&page_url=http://www.latimes.com//news/local/la-me-michael-jackson-20110103,0,1134932,print.story" marginwidth="0" marginheight="0" frameborder="0" height="400" scrolling="no" width="234"></iframe>
By Harriet Ryan, Los Angeles Times
la-me-michael-jackson-20110103
<script type="text/javascript"> TUGS.setInitCount('{"rate_summary":{"total_score":200,"average":100,"total_count":2}}'); TUGS.tugsURL = "http://discussions.latimes.com/"; TUGS.init_starRating(); </script> <!-- sphereit start --> A year and a half after Michael Jackson's heart stopped beating in a bedroom of his rented Holmby Hills mansion, prosecutors are due in court Tuesday to present evidence that the pop star's $150,000-a-month personal physician caused his death.
The preliminary hearing in Los Angeles County Superior Court will determine whether authorities have a strong-enough involuntary manslaughter case to try Dr. Conrad Murray, a cardiologist who has acknowledged administering a dangerous anesthetic blamed in Jackson's death.
Such hearings are typically pro forma proceedings in which homicide prosecutors call only a police detective and a coroner to relate the basic facts of the case.
But for Murray's hearing, which is expected to unfold before a courtroom crowded with Jackson's relatives and fans as well as reporters, prosecutors have said they plan to call as many as 35 witnesses for testimony that will last at least two weeks.
<hr class="hr-promo">
Those summoned to the stand are expected to include medical experts and investigators as well as the security guards and staff who were around the doctor and his famous patient in the days and hours leading up to Jackson's death on June 25, 2009.
Prosecutors David Walgren and Deborah Brazil declined to discuss their reasons for such an involved preliminary hearing, but a spokeswoman for the district attorney's office said it was necessary given the complexities of a case that took homicide detectives and prosecutors seven months to build.
"We have to be able to prove the elements of the crime, and merely to call the coroner to say that a person died is not proving a crime," said Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office.
Involuntary manslaughter refers to a killing done without malice. At trial, prosecutors would need to show that Murray caused Jackson's death either in the commission of a crime not rising to a felony or by acting "without due caution and circumspection."
The level of proof required at a preliminary hearing — sufficient cause — is much lower than the beyond-a-reasonable-doubt standard required for a conviction. Prosecutors must demonstrate only enough evidence to lead a "person of ordinary caution or prudence" to have a "strong suspicion" the defendant is guilty.
A lawyer for Murray, Joseph Low IV, said that given the low bar, he would be surprised if Judge Michael Pastor did not order his client to trial.
"I don't anticipate this is the type of case that the D.A. won't have facts to support the couple of elements necessary for this charge," he said.
But, he said, the extensive hearing had an upside for Murray's defense: the opportunity to talk to prosecution witnesses, including the security guards and some investigators.
Cross-examination "is our first access to a lot of these individuals," he said.
State law allows prosecutors to streamline preliminary hearings by having police officers summarize witness accounts, but former L.A. homicide prosecutor Truc Do said she was not surprised that prosecutors in such a high-profile case were opting for a "full-blown rather than bare-bones" hearing with dozens of live witnesses.
"You want the opportunity to evaluate the strengths and weaknesses of your witnesses and to see how they do under cross-examination," said Do, who prosecuted record producer Phil Spector for murder in the death of actress Lana Clarkson. She added that getting potentially skittish witnesses — such as those from Jackson's inner circle — under oath would be crucial in case they later fled the jurisdiction.
"You may have a concern about loyalties or people who don't necessarily want to cooperate and might become unavailable," she said.
Additionally, an overwhelming display of evidence might push Murray to consider a plea, Do said. "It can be sort of a reality check," she said.
Much of the testimony is likely to concern Murray's use of the powerful surgical anesthetic propofol to treat Jackson's chronic insomnia. The coroner listed the cause of death as "acute propofol intoxication." Propofol is not approved for sleep disorders or home use, and the U.S. Food and Drug Administration says it is so dangerous that only a trained anesthesiologist should administer it.
Murray, 57, who faces up to four years in prison if convicted, has pleaded not guilty. He has said he gave Jackson a small amount of propofol the morning of his death but said through his lawyers that it should not have caused death.
Low declined to elaborate on Murray's defense, but comments at a hearing last week concerning scientific testing of evidence suggested the defense might argue that Jackson injected himself with a large and ultimately fatal amount of propofol.
"I think it's clear they're operating under the theory that the victim in this case, Michael Jackson, killed himself," prosecutor Walgren said.
A defense lawyer at the hearing, J. Michael Flanagan, would not say whether the prosecutor was correct, but he told the judge that the question of who injected the propofol was "the issue in the case."
Defense attorney Ellyn Garofalo, who recently won acquittal for a physician charged with overprescribing drugs to Anna Nicole Smith, said the defense is wise to reveal as little as possible about its strategy at the preliminary hearing.
"Why let the prosecution see your witnesses? Why let them see your defense? Why educate them?" she said.
Low said the defense has a witness list but will not decide whether to use it until after the prosecution's case is presented.
harriet.ryan@latimes.com
Times staff writer Victoria Kim contributed to this report.
also info on the prosecutors:
Deputy District Attorney Truc Do urged jurors Monday in the music producer's retrial to find Spector guilty of second-degree murder, not the lesser possibility of involuntary manslaughter. (she won the murder case)
http://goldsea.com/903/25do.html
Deputy D.A. Truc Do Urges Jury to Convict Spector of Murder
Deputy District Attorney Truc Do urged jurors Monday in the music producer's retrial to find Spector guilty of second-degree murder, not the lesser possibility of involuntary manslaughter. His first jury deadlocked 10-2 for conviction.
She referred in her closing argument to Spector as becoming "a demonic maniac" when he drank and "a very dangerous man" around women.
"This case is about a man who has had a history of playing Russian roulette with the lives of women," she said. "Five women got the empty chamber. Lana got the sixth bullet."
A ruling by Superior Court Judge Larry Paul Fidler which permitted testimony by five women in Spector's past was perhaps the most controversial of both trials. All the incidents occurred between 1975 and 1995 but none resulted in guns being fired. All involved women who said Spector confronted them with guns when they tried to leave his presence.
Attorney Doron Weinberg was to present the defense argument Tuesday. The original case prosecutor, Alan Jackson, was to argue as well before the case goes to the jury Wednesday.
Weinberg is expected to say that the 40-year-old Clarkson, a down-on-her-luck actress in despair about her career, put the gun in her mouth and pulled the trigger six years ago. She was best known as the star of the 1985 cult film "Barbarian Queen."
Do, who joined the prosecution team for the second trial, is well known for her expertise with electronic evidence displays. She dimmed the courtroom lights and illustrated every point with photos, PowerPoint displays of testimony excerpts and the video testimony of a now-dead woman who testified at Spector's first trial in 2007.
She even projected a scene of dunes in her native Vietnam and said this illustrated the "shifting sands" of the defense case.
Do spoke briefly about blood spatter evidence which she said proved that Clarkson could not have shot herself, but the bulk of her argument concerned two aspects of the case: the testimony of the five other women and a chauffeur who testified that Spector told him: "I think I killed somebody."
She cited evidence of Spector washing his hands and trying to wash off Clarkson's bloody face after the shooting.
"He can wash his hands clean of her blood but he can't wash them clean of her murder," she said.
At the end of Do's presentation, Weinberg moved for a mistrial, saying she had overstepped the bounds of pretrial rulings by the judge in attacking Spector's character rather than focusing on trial evidence. The judge denied the motion.
Spector, 69, the legendary producer known for his "Wall of Sound" recording technique and his eccentric personality, sat staring straight ahead as the prosecutor spoke. His wife, Rachelle, and one of his sons were in the courtroom.
If convicted of second-degree murder he could draw a sentence of 15 years to life in prison. Involuntary manslaughter carries a penalty of two to four years behind bars.
•Panel Moderator Deborah Brazil '96, a Los Angeles County Deputy District Attorney in the Major Crimes Division handling high profile murder cases, and a member of Southwestern's adjunct faculty who teaches Trial Advocacy
http://www.swlaw.edu/news/overview/newsr.7gp0oLiUwK
