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Jacko's Lethal Injection?
This would be true of any other drug that caused Jackson’s death. The only difference: If it’s a lawfully prescribed drug, there might be no case, because a doctor isn’t liable if a patient overdoses on something properly prescribed. This is Murray’s best hope. Thus, the specific drug mix in Jackson’s system is as critical a component of the autopsy report as a confirmed overdose.
Assuming the results come back showing traces of Diprivan, and the timeline points to Murray, here’s how the prosecutor’s dilemma breaks down:
Involuntary manslaughter: Sometimes called “misdemeanor manslaughter,” this is the lowest form of homicide charges. It is based on criminal negligence, meaning that the defendant didn’t have an intent to kill and didn’t act with a conscious disregard for life and it typically occurs when someone commits a misdemeanor in a way that is dangerous, or when someone commits a lawful act but in a manner that involves a high risk of death. For example, shaken baby syndrome, or the commission of an assault in the course of a bar fight may qualify as an involuntary manslaughter.
Giving a dangerous drug like Diprivan to someone in their home could fit here, depending on the circumstances. Sentence exposure: two, three or four years in state prison.
Voluntary manslaughter: This is a homicide that’s committed in the heat of the moment under circumstances that make it reasonable for someone to think he needed to use lethal force. For example, if a big guy threatens your best friend with a knife and you grab a nearby tire iron and bash him in the head before he can make a move, you’ll likely be found guilty of voluntary manslaughter, not murder.
This is often a compromise charge for murky circumstances. But the circumstances that allow for a voluntary manslaughter charge don’t apply in this case—splitting the baby is not an indictment option, should prosecutors target Murray.
Second-degree murder: Because no one’s going to claim that Murray meant to kill Jackson, save an eight-digit Swiss bank account found somewhere, first-degree murder is off the table. To prove second-degree, it would have to be shown that Murray acted with gross negligence in administering the lethal drug. In legal parlance, that he intentionally committed an act that the natural consequences of which were dangerous to human life.
If it can be proven that Murray knew of the risks involved in injecting Jackson with the drug that killed him and did it anyway, the law presumes that he acted with malice and he can be found guilty of murder.
Due to the Diprivan speculation, second-degree murder looks like a real possibility. By all accounts, the dangers of administering this drug outside a hospital, where a patient can’t be effectively monitored, are very clear. No jury’s going to believe Murray didn’t know that giving Jackson Diprivan was life-threatening.
A conviction of second-degree murder carries a sentence of 15 years to life.
Obviously, a lot is riding on those toxicology reports. And no one is anticipating them more than the local prosecutors—and Conrad Murray.
Marcia Clark, the former L.A. district attorney who prosecuted the O.J. Simpson murder case, has since served as a legal commentator on television. She has written a bestselling book, Without a Doubt, served as a columnist for Justice magazine and is finishing a crime novel.
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Marcia Clark, the former L.A. district attorney who prosecuted the O.J. Simpson murder case, has since served a regular legal television commentator. She has written a bestselling book, Without a Doubt, served as a columnist for Justice Magazine and is finishing her debut crime novel.
queensplate
diprivan will not show up in toxicology report as it has too short a half life,making this all supermarket toilet tabloid gossip
Uncommonsense
Totally inaccurate. Although it's effects dissipate quickly, it has a much longer half life. It will be detectable in tissue, such as brain tissue. If he's been doing this drug habitually, the concentration will be higher.
pclayton
The victim in this case is dead, but I would wonder if the victim has any degree of responsibility in his 'suicide' if he knowingly hired a physician (he obviously could afford to) for the intent purpose of having someone in his house who could/would administer drugs, including anesthetics, which the average patient could never get/have possession of on his own. I mean, how "innocent" is the victim if he knowingly hired someone to do his illegal possessing/ administering for him?
Sunsetbug6
Listen, you need to get over your hatred for Michael Jackson and think objectively for a moment. Can you do that?
It doesn't matter if Michael asked for the Diprivan, what matters is that he obtained it, if the police can trace this to doctor Murray, he's in trouble, but if he administered the drug, as a doctor he is liable due to the fact that he knows this drug is not suppose to be given outside of a hospital setting.
blackletta
Thank you Sunsetbug6....
I agree with what you said. Even if Michael asked for something to help him sleep, Dr Murray as a license Physician took the responsibilty to accomdate Michael's request, and by administrating this drug took the risk that came with it. As a doctor I am pretty sure that he knew all the risk involved. Where he made his mistake was he should had connected Micheal to a monitor that will show his vitals for his BP, and Heartrate. Only thing Dr Murray seem to worry about was a Oxygen Tank.
revcat
Of course the victim has responsibility, but that doesn't mean the docs involved are not partially to blame. Doctor shopping is illegal, but Rush L. got off. It did destroy his hearing (a side effect of oxycotin abuse) but he got that fixed via cochlear implant. MJ wasn't so lucky, he died and people need to wake up and smell the coffee, prescription drug abuse is rampant and its not just rich celbrties. The consierge doctors who we are now hearing about who service celebrites are just the tip of the iceberg. I have read, for example, that Florida is rampant with pain clinics. Just drop in, buy oxycotin, go down the road and do it again. Oxycotin is called hillbilly heroin. I could go on and on, but you get the picture. Doesn't matter if you like or dislike MJ, some doctors knowingly violated the Hippocratic Oath and possibly the law. I this case goes to trial and the resulting publicity saves someone's life perhaps MJ's death won't have been in vain.
Would you give a baby a loaded gun? Giving an addict drugs that may kill him is the same thing. MJ's docs were allegedly helping him get drugs that led to his death, yes MJ allegedly doctor shopped but some of his closest friends were doctors who aided and abetted him just so they could rub elbows with a celebrity and reap in the cash and they should be held accountable.
pclayton
Oh, so MJ is the equivalent of a baby, with no idea that what he was doing was (1) illegal and (2) life-threatening. Stop making him out to be a "poor little innocent," he may have wanted to be a little boy forever but unfortunately he was a man who got into doing very dangerous things and ultimately lost his life doing so. With or without a doctor's help, he was on that road.
Annie57
How would the doctor get his hands on diprivan if it is only administered in hospitals?
blackletta
Annie57, you would be surprise what a Doctor can get his hands on. They do have some type of connection within the Hospital. That probably gave it too him in exchange for cash. What, that person did was link him/her to this problem. That is why they are looking into the vale number, which tell you whom it was orginally send too.
Uncommonsense
Gee, let's see. He could ORDER it. He could steal it or have someone else steal it for him.
saskia520
Regardless of the victims involvement, diprivan must be administered by an anesthesiologist in a hospital setting. Dr. Murray is a cardiologist. As queensplate wrote, that drug has a half life, and quickly exits the body. That is why when it's used in a hospital you must stay hooked up to the IV with it constantly moving through your system. Once it stops, you wake up. I don't think they're going to be able to charge Dr. Murray with anything.
Sunsetbug6
Not unless it is an overdose... if Diprivan CAUSED Michael Jackson to die, it will show up in the toxicology report. You are right, they will not be able to charge Dr. Murray without the drug showing up on the report, but my guess is that is DOES show up on the report: hence, why they issued a search warrant. What you speak of is if Diprivan is used correctly - it was not used correctly in this case which is why Jackson died. Thus, the drug will be potent in the body if it was over-administered.
logicwhore
Actually Diprivan doesn't have to be administered incorrectly or in abundance to kill. Its also the lack of proper monitoring that can cause cardiac arrest and subsequently death. I'm an admin in a Hospital (not a medical expert by any means) but the MD's there say if his blood had a toxicity level close to some one with multiple doses of a variety of narcotics, the anesthesia will bond with those synthetic ingredients and be impossible to detect. Its all here say regardless but revcat is correct, prescription drug abuse, enabling, and doctor shopping, along with a menu of crazy shit is tearing this country the hell apart.
BabySnooks
Conrad Murray hasn't admitted administering it nor has he denied administering it and the question I have is it "illegal" to have administered it in the home instead of the hospital? Apparently it isn't. And apparently this wouldn't have been the first time he administered it to Michael Jackson. So the question is what happened this time? Did he administer too much? Was there an interaction with other drugs Michael Jackson had been taking? Or had taken that morning or the night before? Did it happen when Conrad Murray left the room? Did the monitor sound an alarm that for some reason no one, including Dr. Murray, heard until it was too late? So many questions. So few answers.
There is the question of whether someone else administered additional Propofol while Dr. Murray "left the room" in which case it may be actual murder. First degree murder. Premeditated. And of course that can't be proven. Unless the person confesses. Not likely.
The motive? Money. Obviously there was no way Michael Jackson was going to be able to do 50 concerts. He might not have been able to do even one. Despite the video of the rehearsals showing him supposedly in good health. Or just so drugged up he appeared to be in good health. Despite the parade of friends and associates on Larry King testifying to his good health. The producers of course would lose a fortune if the concerts were cancelled. Which they might have been. And of course had this curious insurance policy that insured in the case of a drug overdose. Which it appears is the cause of death. And of course they will make a fortune off that video of the rehearsal once it is edited and released as the "final performance." The producers. Could have been any of them. All of them. Or none of them. Could have been someone else. Could have been Conrad Murray. Could have been anyone. Someone who just wanted him dead for some reason.
One thing the LA District Attorney's Office should also be looking at is the medical examination required for that insurance policy. Someone obviously "looked the other way" and that is as illegal as the overprescribing by all of the doctors. Not just Conrad Murray.
The rich, it seems, are different from you and me. They are murdered more easily. And most who have looked at this and sorted through the agendas and axes and the conspiracy theories do tend to believe he was murdered. By someone, perhaps, who injected some extra Propofol into the IV solution while no one was looking. Knowing, or hoping, that there wouldn't be much if any trace of it in an autopsy. A perfect murder if ever there was one.
No doubt Conrad Murray will be charged with something. If for no other reason than someone needs to be. And yet all of the doctors should be. Not just him.
The celebrities are different from the rich. They are no longer human beings. They are products to be marketed. Still given the pills during the day to be at their best. Still given the pills at night to sleep. A never ending cycle of forced drug abuse which becomes drug addiction which is perpetuated by the greed of those who make money off their product. Profit is all. And the reality is some probably are capable of murder to ensure that profit.
There are a lot of powerful people involved in this. This is not Anna Nicole Smith whose doctors were "fringe" doctors with few real connections. This is Michael Jackson whose doctors include some of the most famous doctors with a lot of connections. Strings will be pulled. Authorities will look the other way. As they always have. Easier this time because they have a scapegoat. Conrad Murray.
blackletta
You may be right about these Doctors' today, but if you read the CNN, Dr Murray did admit giving Michael that shot as well as serveral shots before. What the problem is that Dr Murray left the room. He should had been there to monitor Michael's vitals such as Heart & BP, the question is did he had any of that equipment there, other then just oxygen tanks? What he may had done was given him to much, and now he is scare, why would he leave the home after MJ was taken to the hospital instead of going with him with the EMT's? I don't feel that they are using Dr Murray as a scapegoat. As a personal physician you are there to makes sure your client is in good health, not there to administrator drugs that are require to be given in a hospital. If you read more about this before when Michael had problems sleeping while on tour he had a licensed
Womentoo
Why would anyone want to kill mj? He paid out money like money had no value to him. What was the question Forest Gump was asked? "are you stupid or something? His reply was, my momma said, stupid is,is stupid does. well, it was something like that.....maybe it was the man in the mirror, mary poppins, Peter Pan, June bug....stupid does.
BabySnooks
Apparently he didn't pay it out to everyone given the number of people who have sued him through the years to collect what he owed them. Including a pharmacy that was owed $100,000. Which should have been the "red flag" for the authorities that some doctors were overprescribing in violation of the law. Apparently the authorities in California don't pay attention until someone actually dies. First Anna Nicole. Now Michael Jackson.
revcat
Nobody was built up and torn down as high and low as MJ, its a wonder he lasted as long as he did. The vultures surrounding celebrties are numerous and like everything else in his life, it was times 1000 for MJ. For some people fame is a lethal drug, the overdose was almost inevitable but the doctor still has some responsibility. Like I said earlier, the doctor is supposed to be sane, the addict is not. Yes the Man in the Mirror caused his own death but when he was looking at his reflection there were hundreds of people looking over his shoulder. The media dehumainzed MJ, and he only became human once again after he died. RIP, MJ.
mattheww
Of course, Dr. Murray could also luck out and get a prosecutor like Ms. Clark.
clp5457
no, if he was going to get lucky, it would be to get a bunch of morons like you on the jury
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pclayton
I hear you.
ghudson68
It's sad how many large a problem prescription drugs have become. Celebrities die, autopsies reveal they died from a fatal prescription cocktail and right when that's reported, another passes. Those held accountable need to get more than a slap on the writs, if only to set an example and stop this vicious cycle.
blackletta
You are exacrly right about this. Greed plays alot of what goes on with prescription from Doctors, who are willing to take that chance. Now, it is time to put a stop to it, so this will not happen again.
Weaver
Marcia, Marcia, Marcia...Is that really you in that photo? Wow.
hoyden
more people die from abuse of prescribed, legal meds than illegal street drugs. uncle sam wants you to buy [& pay heavily] for his drugs rather than that crappy street shit. this is a case in point of how people can abuse a 'legal system' & get whatever the hell they want. & it's not just the famous that abuse, 'doctor shop,' get multiple RX's...happens every day.
my3sons
Once and for all, it is Michael Jackson not Jacko. All you media people should show his some respect. He was a clear proof that money does not buy happiness. All his life he had people living off of him like leaches, the media either extolling his greatness or ripping him for eccentric behavior. We should not care who will get his kids, we should not know the results of the autopsy or who will get his money. Those matters are for his family or attorneys only. Let's all just remember him for the great gifts of music he left behind.
hoyden
3 sons...
ahem. he chose the life he lived. he chose celebrity. he chose drugs. we all have a choice. no one forced him to continue.
hoyden
O.
one more thing.
his 'gifts of music,'
subjective.
hoyden
john lennon.
michael jackson...not so much
pclayton
People will remember him for what he did in his life and that includes many unpleasant, unacceptable things. You remember him for his "gifts," others will remember him as a very rich, eccentric millionaire who managed to use his money to commit suicide, including the physicians he paid to help him do it.
blackletta
That is all media see. But let me get one thing straight. Michael Jackson did not pay for Dr Murray as his personal phsician. AEG had him on the payroll for $150,000 a month. So please get your facts right. MJ did not commit suicide, he rnytrusted his doctor, which was Dr. Murray to watch over him while he was given a drug to get some sleep. Dr Murray, left the room after doing that, which in my eyes was necligence. He should be made to pay for his mistake.
spinozareader
I'm voting for the Second-degree murder charge, if propofol can be found in Jackson's blood, or it can be demonstrated that propofol was being administered to him at the time of his death.
Diprivan should NOT be used in a home setting--unless that home's equipped with resuscitation/ventilatory equipment, and an anesthesiologist-in-residence is on the premises, and there are extenuating circumstances that prevent the patient from being in a hospital (none come to mind here).
And this Dr Murray is a specialist; a cardiologist. Not to denigrate "General Practitioners/Family Doctors" but a specialist--for instance,a cardiologist, ought to be acutely aware of the dangers of administering something like Diprivan in a home setting. (And let me say here that I welcome the response of any practicing doctors out there who wish to offer a reasoned argument for why anyone should/would receive propofol in a home setting. Such knowledge would educate me.)
hoyden
Diprivan should NOT be used in a home setting--unless that home's equipped with resuscitation/ventilatory equipment, and an anesthesiologist-in-residence is on the premises...
in which case it's OK?
spinozareader
I was being facetious. Must have missed the mark. Sorry.
blackletta
Thhank you for this comment. I headed the same way with you about the charges for Second-Degree murder charge. Beacause as a specialist in Cardiologist, he knew the risk, and he decide wo go that route, without being in a hospital state where Michael could be monitor Right. Diprivan is not meant to be use in nay place but a Hospital, and Dr Murray knew that, but decided to accomdate Michael at a home setting. So he should pay for what he let Greed, put him in this position. So, he need's to face up and do the crime.
ald1968
Ms. Clark, Athough, I am sure you are an excellent attorney, I wanted to let you know that you have greatly offended Michael Jackson's family and fans by your use of ":Jacko" in the article. MJ on many occasions has asked that you not refer him in that way. His name is Michael Jackson. This was also requested by his brother, Jermaine. Please show a little bit of respect for others. Thank you.
blackletta
Dr. Murray, put himself in a position of making a bad decision. Dr Murray, is a specialist in Cardioligist and he knows what risk are envolve with certain medication. So, if Michael was complainting about not sleeping, Dr Murray should had advised something more legal for taking in a home eviroment. No, he choice to adminstrator Diprivan Drip, knowning darn well that was not a legal thing to do. He let Greed get in his way. With all his financial problems he may had felt at the time if he did not go along or even to consider this factor that is will be ok. Where he mess up at was that he did not stay in the room after giving Michael the Diprivan. Maybe, just maybe Michael will be among the living and my be dueing his tours concerts. Now, I've read alot of these comments and people seem to believe that it is Michael fault. Maybe or maybe not, what we need to do is put yourself in Michael's place. On you have a personal physician in your home, that is suppose to look out for your well health. So, you basically is putting your life into this doctor's hands, trusting that he will know what the Hell he is doing. In this case Dr Murray, was not alert at paying attention to his patient instead he leaves the room. Michael goes into cardiac arrest, with no one there to help him. We do not know how long Dr Murray was out of the room, whether he went to one of the guest rooms and fell asleep, waking up later remembering that he left Michael unattended. When he returns to the room Michael is not breathing and Dr Murray then begin CPR, but it's too late. So what he does is go and find the Chef to get Michael's older son to witness him trying to bring his father back, when that does not work he states that he had to get someone else call the 911, because he does not know the address there. BS, how can you not know the address where you come to every night. Also,, he has the EMT's work on Michael for about another 45 mins, after that instisted that they take him to the hospital, which as his personal phsician does not go alone with them. No, what he does is becomes missing in action. When, he is interview finally, by the police he tell them that he has given Michael Propol the night before his death but in the early morning ,and that he has given to him serveral other times. So what does all that tell you?
If, the LAPD did not beleive something went wrong why would they search his Houston Office as well as his Storage, and Las Vegas Office? Begin searching his Las Vegas Community area home if they alway know something that we do not know yet. Yes this case is a eye opener, because someone has got to make a point with these DOCTORS, about shopping for addicts, that can afford to pay what they ask. Sometimes, you really do not have to be rich, for you to get prescriptions from Doctors. Really, if you think about it, if you would take every type of painkillers that your Doctors write for you, it would be easy to get addicted. Believe me from experience I know. I have so many different types of painkillers, from my Doctors' for pain in my legs, that tell's me to take two of this one time, and different one again (two) and before I go to bed at night (two) of the other one. Also, I like Micheal have sleeping problems where I am up all times of the night and when I do go to sleep, I may sleep anywhere from two to one more then four hours tops and awake again. So, I was given two types of sleeping pills. So, you tell me am I acceptable to getting hook on painkeepers, yes if I continue to take these drugs as instructed. Since, all this has come to ligt with Michael and his addiction to painkillers, I am scare about taking all these pills
What some of the media does not look at was Michael was a Human Being just like us, and his Medical Doctor's did not have his well being at hand. They did not take into account this man had been down this path before when he suffer the burn injury, and was place on a lot of pain medicine, which later he state on Live TV that he was addicted to painkillers, where he went for treatment in I believed 1993 for help. Looking at that should had brought up a RedFlag, no what they saw was MONEY, not a Human being that should had been directed differently. I blamed his doctors for continuing to give Michael these painkillers and sleeping aide(especialy) Diprivan. The Media has put this man through so much as how he dealth with it was through painkillers, hoping maybe he could escape the pain. People never thought about how Michael felt, when such gossip, are finger pointing at him was making him feel. The media came be some cold people. Look right now how the media (meaning us too) keeps bring up something he was not guilty on. Still passing judgement for something that you where not there present to see. Even in death his name is still being drag to the mud. That is very heartless if you ask me. If you are wondering, YES I am a Mihael Jackson Fan, and I loved him when he was living and still love him in his passing.
We all somewhere in our life have made bad judgement calls, but because he is/was the King of Pop, people see that as a bad thing for some of this judgement's in his time on earth that he made. So, we really are not in a position to pass judgement on anyone, because we all have done something one-else has like. All, I would like to see is that Michael's personal phsician step up and pay for what he did, so Michael can rest in peace. There is one thing that will continie to be is that MJ may be gone but his music lives on Forever.
One more thing, my heart goes out to his Mother, who adore very, very much, and his three children who will never wake up and see their father, along with his brothers and sisters. Accourse Fans, you as well. While others are so busy putting Michael Jackson down, what do you think about Sony buying his rehearsal types for 60M, to put them on the movie screens in October? Making money off him evenin death.
R.I.P Michael, Fan 4Ever. Letta
Thank you.
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