Wednesday, September 28, 2011

Why Conrad Murray's Defense Should Fail

For those of you who do not know, Conrad Murray was the doctor in charge of Michael Jackson's care in the weeks before and the day he died.  For ease of this story we will now refer to them as CM (Conrad Murray) and MJ (Michael Jackson).  CM is going to trial now on a charge of involuntary manslaughter in MJ's death.  A definition of California law can be found here:  http://www.shouselaw.com/involuntary_manslaughter.html (I can't vouch as to its authenticity, but it's a place to start if you would like to know more).


In any case, his legal team has decided to go with the defense of "MJ did it", per attorney Ed Chernoff's opening statement.  Here are at least some of the reasons why this defense should fail:


1) CM was not board certified in any specialty at the time of MJ's death.  http://news.blogs.cnn.com/2011/09/27/prosecutor-michael-jacksons-doctor-conrad-murray-repeatedly-acted-with-gross-negligence/  That means that he wasn't board certified to administer anesthesia.


2)  CM administered propofol, an anesthetic that is only used in hospital settings with lifesaving equipment available and monitors, to MJ in his home, without lifesaving equipment, without additional medical staff to monitor him, without equipment to monitor MJ's vitals.


3)  CM procured large amounts of propofol for MJ within one month of MJ's death.  http://www.huffingtonpost.com/2011/01/10/michael-jackson-doctor-conrad-murray-bought-huge-stash-of-drugs-for-singer-detective_n_807122.html  


4)  After administering propofol to MJ, CM left the room, telling police that he was gone for a two minute bathroom break, whereas other testimony and cell phone records indicate that he was on his cell phone outside MJ's room, leaving MJ alone for more than that 2 minute bathroom break.  http://abcnews.go.com/Entertainment/michael-jackson-sade-anding-phone-conrad-murray-pop/story?id=12827232&page=1 http://www.tmz.com/2011/04/14/conrad-murray-michael-jackson-manslaughter-reaction-propofol-bridgette-morgan-michelle-bella-sade-armstrongattorney-strip-clubs-women-money-girlfriend/

5) CM claimed to have hooked up MJ to an IV in his leg - and now is claiming that MJ self-administered propofol to himself.  Well, if that were the case, and CM was only out of the room for 2 minutes as he claimed, how is that possible?  If the propofol were properly secured and out of reach of the patient as it should have been, MJ couldn't have done so.  If he were only gone two minutes, and MJ were asleep at the time CM left the room for his potty break, there was not enough time for someone with an IV in his leg to get up, walk around, find the drugs, unsecure them, find a syringe, inject himself and get back into bed.  Of course, if CM left the drugs next to the patient within reach, well, doesn't common sense indicate that  such behavior would be negligent?  In any case, the two minute story, and the self-administration story just don't make sense.  If CM truly felt that MJ was getting addicted to a non-addictive medication, why would he leave it out and unsecure, and available to his patient?  Why did he leave his patient unattended for any amount of time?  Why was there not at least a nurse anesthetist in the room monitoring MJ when CM had to leave the room?  This just does not add up.


6)  Why was CM on the cell phone with a girlfriend instead of waiting 82 minutes to call 911?  http://www.time.com/time/nation/article/0,8599,1918722,00.html  http://news.ph.msn.com/entertainment/article.aspx?cp-documentid=5324227


7) Why did CM not call 911 or have someone else call 911, while he performed CPR on MJ?  Why was CPR not performed correctly?  CM performed CPR  with MJ on the bed, and not on a hard surface, thereby severely reducing the effectiveness of chest compressions.


8)  Why would CM not talk to police at the time?  Why did he disappear and wait for days?


Sorry, CM, this all just doesn't add up.  And, if you had properly administered the medications, MJ would have been in a hospital setting, would have been monitored, the monitors would have sounded alarms if MJ went into distress, there would have been life-saving equipment available, the drugs would have been secured and locked up away from the patient, and MJ would likely not have died that day, but for the actions and inactions of CM.


Even if I believe the claim that MJ took an extra dose, it still falls on CM for (1) failing to properly monitor MJ (e.g. leaving the room, no one else there to monitor, no monitoring equipment, etc.), (2) failing to properly secure medications, (3) failing to notice the exact time MJ went into distress, (4) failing to timely call 911, (5) failing to properly perform CPR, (6) failing to inform the paramedics  when they arrived, that CM had administered propofol to MJ. . . . the list goes on.


Remember folks, this is all my opinion.

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