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Defending Jackson's Doctor
Houston Chronicle / AP Photo
Law enforcement searched the home of Dr. Conrad Murray, Jacko's personal doctor, in July following reports that Murray administered the pop star's fatal injection. The Daily Beast’s Gerald Posner on the doctor's defense, and why the doctor’s legal team is hoping for an Elvis-like toxicology report.
A “law-enforcement official with knowledge of the investigation” into Michael Jackson’s death claims that Dr. Conrad Murray administered Propofol, the powerful anesthetic that authorities believe killed the pop star, the Associated Press is reporting.
In searches of Jackson’s home after his death June 25, the police confiscated Propofol—also known by the trade name Diprivan—among other drugs, an IV line, three oxygen tanks in Jackson’s bedroom, and an additional 15 oxygen tanks in a security guard’s shed. According to the AP, the law-enforcement source said Jackson had trouble sleeping and that he had different doctors administer Propofol, using the drug as an alarm clock.
Overcoming the issue of why a doctor would use Propofol at all, in a house setting and not a hospital, will not be an easy one for the defense team.
Jackson would decide what time he wanted to get up, and a doctor would stop the intravenous drip that delivered the drug at the appointed hour, according to the official. This is the boldest in what appears to be a coordinated series of leaks by Los Angeles investigators to build a public case for either second-degree murder or voluntary manslaughter charges in Jackson’s death.
Dr. Murray’s defense team had no comment on the AP report. But if true, the news makes the upcoming release of the toxicology report from the coroner’s office ever more important.
The Daily Beast was told by a source familiar with Jackson’s toxicology report that traces of at least six prescription drugs were found in his body. (Craig Harvey, the chief investigator of the Los Angeles Coroner’s Office, did not respond to two calls seeking comment.)
The best hope for the defense team is that the toxicology report is Elvis-like. When the original King of Rock ‘n’ Roll died at the age of 42 in 1977, 10 drugs were found in his body. Four were in “significant” quantities: codeine; Ethinamate, a popular sedative-hypnotic med of the 1970s; Quaaludes; and a barbiturate, or depressant, that has never been identified but is usually reported as Phenobarbital. Presley’s body also contained smaller amounts of the painkillers morphine and Demerol; tranquilizers Placidyl and Valium, and Chlorpheniramine, an antihistamine.
Presley’s body had no traces of his admitted favorite drug, Dilaudid, called the “Bentley of Heroin” on the street and recognized by doctors as between two to eight times more potent than morphine. (Dilaudid was pinpointed as the culprit in the May accidental overdose death of Las Vegas comedian Danny Gans.)
The more drugs in Jackson’s toxicology report, the better for Murray’s defense. His lawyers could then contend that even if the prosecution can establish that Murray gave Jackson Propofol the night he died, the doctor might have adjusted the dosage, or refused to give it at all, if he knew that Jackson was mixing other prescription medications, prescribed by other doctors, and hidden in the house.
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Gerald Posner is The Daily Beast's Chief Investigative Reporter. He's the award-winning author of 10 investigative nonfiction bestsellers, ranging from political assassinations, to Nazi war criminals, to 9/11, to terrorism. His latest book, Miami Babylon: Crime, Wealth and Power—A Dispatch from the Beach, was published in October. He lives in Miami Beach with his wife, the author Trisha Posner.
This is interesting, Gerald. Very interesting. In any event, Jackson is as much to blame for his death as anyone. The man was in pain psychically, socially and otherwise. His family can make all the excuses and threats they want, but he is to blame for his death.
Now the next move will be insurance -- what about the insurance on his life. Will they pay it to the promoters and his estate? That will be interesting, because it was reported that the insurance policy was for $20Mil personally and $20Mil for the promoter.
Thank you, Chicago48, I totally agree with you. No, doctors shouldn't be administering drugs to rich celebrities (it negates their oath, for starters) but the celebrities also know "who" would be interested in being their "personal physician" for the right amount of motivation and this is where Dr. Murray has a huge problem in my book.
Nevertheless, Michael Jackson, despite how much his fans want to paint him as lily white as his face, was well aware that he was playing with fire as he had been a doctor shopper for a very long time (and he bought a lot of them). I don't think he was so ignorant that he didn't know what he wanted from Murray (Propofol, etc) was/were controlled substances that the law does not allow consumers to pick, choose, and purchase without a script, either. That puts him at the helm of his fiasco and the insurance angle is one you never hear "the fans" mention. Maybe he made them the beneficiaries.
I don't think the fact that Jackson may have demanded potentially very dangerous drugs by name and was willing and able to pay his doctors a great deal is any excuse for doctors to comply with those demands. Murray had an ethical obligation to refuse to provide inappropriate medication.
What I'm curious about:
Why on earth was Murray in such deep debt when he was making $150K/month. After all, his mortgage was only 1.5 million, which he could theoretically pay off entirely in just a year on that salary...yet he wasn't even making payments? (There's a lot more to know about that guy!)
And why wasn't Jackson being monitored continuously while on the intravenous drip? Certainly everybody knows that people under general anesthesia must be monitored continuously!
Anyhow, I don't believe Jackson was as much to blame. Murray and other doctors had an ethical obligation to refuse to meet his demands for inappropriate and dangerous drugs.
Mr. Posner:
1. Why do you keep bringing up second degree murder when the search warrants (and therefore the supporting affidavits, still sealed) speak to manslaughter?;
2. Nice theories about Murray's defenses via Jackson's "assurances" he wasn't on other drugs and Murray's insistence he not be on other drugs -- but they all require the testimony of Dr. Murray. Good luck with that one.
posner words are as ridiculous as he is...
Yes, there is a lot of guilt to be thrown around in this case. But as a former addict, let me assure you that the bulk of the responsibility lies with MJ himself.
Yes, it is true that MJ is culpable in his addiction but at what point is a doctor responsible for doing no harm? Hippocratic oath here should be thought of, he was not a licenced Cardiology in the state to be practicing medicine, he is a cardiovascular physician and not a surgeon, he is not a licensed anesthesiologist to be administering the supposed medication that may have resulted in his death so what are you thinking when you make such a statement and where does one draw the line?
Michael Jackson is the most famous celebrity on the planet next the damn near Jesus. For those who like to say the outside world (meaning outside the USA) is unaware of his struggles and trials as a celebrity, they need to stop spreading propaganda. We are all aware, so if he got the medication from outside sources as well as US physicians then they are all practicing bad medicine. We the people of the world are all aware of Michael's celebrity status and human misbehaviors (prescription addiction - no we don't believe the alleged pedophilia acts because he does not fit the prescription and descrpition of a true pedophile), it is just that we are taught not to judge people for being human, celebrities are human being ... very ordinary it is just that the media world like to con weak minds into thinking that this is not so. For the rest of the world to know about his trials and tribulations which included his addiction, it means that these physician who were most interested in having him as a patient jeopardized their integrity by over-prescribing him medications that beyond his needs. The first rule they broke was prescribing it in a phony name, I understand it is to protect them because they are celebrities but still this is WRONG for the healthcare system and it needs to be stopped. For them to all know that he is a junkie and still prescribe him without having him refer his other physicians to them is career suicide. The questions surrounding his prescription drug use was visible in his first trial and last child molestation trial, the physicians and pharmacists were more concerned with association, therefore they are guilty by association. Based on whether or not charges are filed after the toxicology report, I strongly believe as a medical professional that Dr. Murray has concealed information to protect himself and he needs to be on a witness stand so that a good lawyer can question him so that all will be revealed. There are discrepancy's in what his lawyer revealed to Larry King concerning what occurred on the day of the event, which leads to many needed questions and answers hanging in air.
What is sad about this situation is the fact that as in life so in death, there are people in the media trying to destroy this man's legacy using his human flaws. His human flaws should not be a decision factor in celebrating, admiring and rewarding him for his service to the people and his accomplishments as an individual. When does a human flaw overshadow good works? Well only in the minds of people who have hang-ups about them and for some reason believe that they themselves are PERFECTION or the perfect human being on this planet. I beg you to be your own judge or the judge. No one is talking about Ed McMahon flaws in bankruptcy etc before his death or Farrah Fawcett's flaws which includes the happening around her, such as her kid on drugs with a father who was on drugs as well as his other kids who were not her own - how did this happen as well as her other personal flaws which were media stories?
I wonder when has it become an open book to discuss investigations by the police to the public ... no privacy exists in this world not even for the damn dead and to think I also like Elvis Presley. I just believe that there is a racial undertone in the media when it comes to Michael Jackson. There is a classists behavior and undertone in the media when it comes to Anna Nicole Smith, these are just few celebrities where media bias exists. Some of us try not to go there, when we talk about biases but when it is obvious, we cannot help but to see through the minds of reporters, their bosses and the CEO of the companies that they work for.
In essence, Dr. Murray is culpable for something and yes he may be a scapegoat for all the other physicians who also treated MJ but oh well, someone has to pay the price to teach everyone else a lesson. I hope the family files a civil law suit against all of them, this is coming from a person who does not believe in an eye for an eye but in this situation things need to change. I have always hated the fact that people treat celebrities like super human being, it shows our lack of sincere care for them. In general, I despice those who are in a person's life to use and abuse them rather than to be straight and honest with them despite the consequences and cost of loosing a friendship or an association. What people don't seem to realize is that you gain more integrity and trust when honesty is given than when you soften the blow or try to be politically correct. Why are we all afraid of challenging those in powerful positions? Hmmm I guess there may never be a right answer for this, but just to say I have no pity for Dr. Murray.
Completely agree Samarui Woman!
Just because MJ was a drug addict doesn't mean the Dr. is not responsible for his OWN behavior. Just because someone asks you for something doesn't mean you're suppose to give it to them, particularly if you're a doctor - this dude wasn't just some street drug pusher, he was a DOCTOR!
Exactly.
Sorry, SamuraiWoman, "exactly" was in response to opedanderson.
Gerald Posner continues to add pieces to the puzzle surrounding MJ's death. Hinging everything on the toxicology report will be played up by Murray's and MJ's attorneys - spinning the story as they want. It would seem that perhaps A.G. Brown could be the deciding weight on what ultimately happens in court with contributions from LAPD investigation, DEA. and FBI. Lots of luck to Dr. Murray and his lawyers in getting him out of a (potential) big mess. Good reporting!
The oath a doctor takes is to 'do no harm'. The stage of addiction Jackson was in would not allow a doctor to just 'stop' medications. Wonder why the doc didn't put him under with Propofol - have him transported to a detox and rehab center - and let the docs with addiction specialties do the rest...why? Seems to me an ethical, responsible doctor, no matter how much he was making, would give this one a shot.
I wonder how Dr. Murray got hold of the Propofol if this drug can only be administered in hospitals.
Jacko had hundreds of drugs why do you think he couldn't have gotten his hands on the Diprivan for Murray? Remember, the nutritionist/nurse said Jacko liked to keep huge quantities of stuff around.
I wonder if this is how Jackson went broke. Roger Friedman reported that he paid $48,000 a month for prescription drugs. Now add that to his living expenses (housing, children, lawsuits), and you can see how he went broke. He may have stashed away $5Million for that Vegas house, but he couldn't come up $25Mill for the complete cost of the house. And he should have been in much better shape financially.
Completely agree that Jackson is the one responsible for his death - his ability to sustain and feed his addiction was easier with his wealth. He used his wealth to that end and kept others who tried to help at a distance.
All the others were simply his accomplices.
That said, we have to make it very unsavory and difficult for doctors to support the drug habits of wealthy patients who can 'make it worth their while'.
And make it difficult for patients and enablers to lie as readily as Jackson and his accomplices did with aliases -- another crime that requires prosecution.
The Doctor is guilty. Even though Jackson had several other drugs in his system, bottles for prescribed medicine were found all over the house. How could the Doctor NOT KNOW he was taking other medications? The guy is toast. I heard on the radio this morning he actually FELL ASLEEP when he was supposed to be monitoring Micheal. The guy is TOAST.
Veronicaxy, I disagree. Michael had 3 children and hired this Doctor to monitor him and administer a powerful drug so he could sleep at night. This Doctor may have illegally used this drug and failed to monitor Michael resulting in his death. That is manslauter.
The prosecution will attempt to cause an example of any doctor who may have prescribed meds illegally to MJ. I believe any defense will be stunning. MJ may very well have first been given Diprivan in 1979 with his first rhinoplasty.
As a mother, if a doctor had enabled my child to obtain and use very, very dangerous drugs and shown such depraved indifference and this is depraved indifference - this drug is not a "normal" drug, a doctor has to be totally incompetent to do this - I would want the man prosecuted. And that's what you need to remember, no matter how famous - he was someone's child and a father too. It's sad this couldn't have been stopped before MJ actually died. To enable a drug addict is an immoral act.
This doctor at the very least should have his license taken away, having proven that he's not that interested in the welfare of the patient - he needs to be stopped before he does it to someone else's child.
And yes, MJ is responsible for his behavior but knowing that I too have weaknesses (not drug abuse) I won't sit it judgement of the man. I overeat which is extremely unhealthy and could shorten my life but try as I might I am often weak and indulge in chocolate. And Yes, people - all of us have weaknesses that can shorten our life spans - whether it be overeating, smoking, drinking, getting too many suntans, not getting enough sleep, not exercising properly- all of which can shorten our lives as much as drugs. I do not sit in judgement over addiction because to be human and say that you are not suseptible to some type of addictive behavior is a lie and makes you a hypocrite.
As usual of late around these parts, NO NEW INFORMATION. This piece and many many others just regurgitates information and analyses cribbed from elsewhere.
I get that "Daily" is half the site's name; I guess servicing that can be a real beast.
And how many people died today because they don't have proper healthcare in this country?! But this is SOOO much more important than covering what's going on in Healthcare reform... SO much more important!
I am right with you on the healthcare issue, but aren't there enough places on the internet tubes discussing health care for your tastes?
I'm wondering if charged if the doctor will, "plead out," for a price. It's not in the best interest of many, for MJ's drug history to be paraded through a trial.
Thank you.
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