September 21, 2011

4 HOLES IN CONRAD MURRAY DEFENSE re: Michael Jackson Health

Today, Conrad Murray defense team filed a motion to enter as evidence 
“Michael Jackson’s Press Conference at O2 Arena”

This material is relevant and should be admitted to the trial” defense motion stated
the Press conference allows jurors to see Mr. Jackson’s mental and physical condition back in 2009. It illustrates how adamant he felt about performing only 10 concerts.” 

The motion declares that as per Michael Jackson makeup artist Karen Faye’s testimony
Mr. Jackson was furious when he learnt that he had to perform 50 shows and he felt that he would not be able to physically complete them all. Mr. Jackson told Ms Faye ‘it wasn’t supposed to be this way. Why can’t I choose?’”
The Prosecutors will argue Michael Jackson was vibrant, optimistic and physically capable of handling O2 Tour. The defense will argue that he was in frail health and was stressed out about performing in 50 shows, thus, took his own life by chugging Propofol.

There are 4 holes in Conrad Murray defense which renders it mute

1- “Michael Jackson drank Propofol” defense may be plausible to those who are NOT familiar with how the drug is metabolised in human body but medical professionals will attest that when digested orally, Propofol has no effect. If Mr. Jackson drank Propofol, 
%99 of the drug would have been eliminated by the liver before it is released to blood.
Blood levels on the autopsy report is NOT indicative of oral digestion.

Prosecution witness, Dr Steven Shafer who will testify during the Trial said “the rapid hepatic (liver) metabolism of the drug makes it impossible for Michael Jackson to have received a fatal overdose by drinking Propofol. There is zero possibility that Propofol was orally digested

2- How do you claim that Mr. Jackson’s health was in bad condition without impeaching your client who repeatedly claimed that Michael Jackson was healthy?

By impeaching Murray, the defense will paint their client as a liar. And if Conrad Murray lied about Michael Jackson’s health, how can his veracity on other issues be trusted?

3- If Michael Jackson was a frail man with declining health, what does it say about the medical judgment, more accurately, lack thereof, Conrad Murray exhibited by subjecting his fragile patient to an untested treatment of insomnia under dangerous circumstances?

Treatment of insomnia by Propofol is unprecedented in the history of medicine. Murray not only invented a medical treatment but also crafted an “Propofol insomnia machine”
(saline bag with propofol vial, gravity dripping without an infusion pump)

"It is neither indicated nor approved for use as a sleep aid"
~Tony Jewell, AstraZeneca Spokesperson 

"Murray’s case involves a doctor that didn’t practice medicine but some kind of twisted experimentation without any medical precedent.  Never before had Propofol been used to treat insomnia.  Only Murray’s distorted thinking and poor judgment created such a high-risk procedure, acceptable to no one but him.  Murray concocted his own way of treating insomnia by anesthetizing Jackson with a fast acting operating room anesthetic. His Propofol insomnia machine defined gross negligence by a licensed physician, creating
his own dangerous procedure for treating Jackson’s insomnia" ~Dr JOHN CURTIS

"The only thing more reckless Murray could have done was taking Jackson up in an airplane and pushing him without a parachute" ~Dr BARRY FREIDBERG

The defense’s contention that Michael Jackson was unhealthy only increases
Conrad Murray’s culpability. How do you, on one hand, say that the patient was frail, on another, you ADMIT to treating him under circumstances that 'shock the conscious'?

"The incident was so egregious as to shock the conscious. Defendant was trusted
to practice medicine with the utmost respect for his patient's welbeing. Instead he demonstrated extremely poor medical judgement and ultimately took the life of his patient. His conduct is unprofessional and reckless. This is conduct from which the public should be protected. Murray's criminal conduct and reckless actions taken in the care and treatment of his patient, Michael Jackson, makes him a danger to public"
~CA Medical Board

4- When I look at the video of Michael's Press Conference at O2 arena, I see a man who is elated by the love and adulation by his fans. A man who is exuberant, happy, healthy and pumped up. Yes, the number of shows was increased from 10 shows to 50 shows. No, Mr. Jackson wasn’t happy about it. The shows were increased on March 12, 2009. Why would he wait 3 months to suicide? Why even invite Murray to come over if he was going to chug Propofol? Murray himself said that he was asked to help Mr. Jackson sleep.

Had Mr. Jackson decided to withdraw from his O2 Tour, he had
a second business proposal by AllGood Entertainment who was practically begging Jackson to perform 1 day in Texas for $15mil

If the defense argues that that he didn’t mean to take his own life, it was an accident
where was Conrad Murray?

"American system of justice provides for the presumption of innocence until guilt is found. By publically stating 'I gave Michael Jackson propofol' and 'I left the room' Murray has confessed to the most egregious of anesthesia errors: patient abandonment. Because of his public statements, he can no longer be afforded the customary presumption of innocence" -Dr. Barry Friedberg

MICHAEL FLANAGAN: If the doctor didn’t put the Propofol in Mr. Jackson,
                                            it is not a homicide, is it?

LA CORONER, CHRISTOPHER RODGERS: Based on the medical care, I would still call this a homicide even if the doctor did NOT administer the Propofol to Mr. Jackson

Kudos for the defense to conjure up inventive ways to defend the untenable actions of their client but why rely on a video to gauge Mr. Jackson’s health? After all, Michael Jackson’s health was Conrad Murray's purview. He would be the go-to guy to inquire about Michael Jackson's health.

On June 19, 2009, Kenny Ortega sent Mr Jackson home from rehearsals because he didn’t seem fine. Prosecutor: Had you seen Michael in that kind of condition previously?
                          Kenny Ortega: No

On June 20, 2009 a meeting was called at Mr. Jackson’s home. Randy Phillips, Paul Gongaware, Kenny Ortega, Conrad Murray, Frank Dileo and Michael Jackson attended.
Kenny Ortega said of the meeting “Dr. Murray was upset that I had sent Michael home and didn’t allow him to rehearse the night before.  And also because I had voiced my concerns about Michael’s health THAT EVENING. Dr Murray told me that this was not my responsibility and asked me not to act like a doctor and to be the director of the show and to leave Michael’s health to HIM
Q. What was Dr. Murray’s demeanor as he is saying these things to you?
Ortega: Scolding 
Q. Towards you?
Ortega: Yes
Q. Did he elaborate? Did Dr. Murray elaborate at all in regard to what your role was in relation to Dr. Murray’s role as it pertained Michael Jackson?
Ortega:  Just that it was better for all that I focus on directing the show and NOT concerning myself with Michael’s health because he said Michael was physically and emotionally fine and capable of handling all of his responsibilities with the show

Following the June 20 meeting, the crew had a three-day-break due to Father’s day. Rehearsals resumed on Tuesday June 23. By all witness accounts, Michael was energetic, happy and his brilliant self during June 23 and June 24 rehearsals.
Kenny Ortega said of June 23 rehearsals “it was fantastic. Michael was in great form. It was like the Michael we all knew and loved. He was excited, he was in delightful mood
Kenny Ortega recalled his last conversation with Michael at the end of June 24 rehearsal:
Michael asked me if I was happy, I said ‘I am very happy’. I asked him If he was happy. He said he was very, very happy. I talked to him about the next day’s rehearsal. He was very excited because we were going to rehearse an illusion

Michael's personal Assistant Michael Amir Williams on June 24 rehearsal:
Q. What was Michael’s general demeanor on June 24?
A.He had a great spirit that evening. I thought it was extraordinary but he would say     ‘oh brother Michael it is just %30, %40. I just don’t go %100 until the show time’ But I personally thought it was great

Michael's security Faheem Muhammad on June 24 rehearsal:
He had high energy. He looked good. He was probably as energetic as I had seen him throughout the entire rehearsal process

Richard Sennef, LA paramedic, attended Michael Jackson on June 25, 2009
Q. Did you ask him [Conrad Murray] what the underlying medical condition was?

A. I did. He didn’t answer. I repeated the question and he said ‘there isn’t any.
He doesn’t have a problem. He is fine. I’m just treating him for dehydration'

On June 25, 2009 at 5:54AM Bob Taylor of Robertson Taylor Insurance (broker for Lloyd’s of London) sent an email to Conrad Murray inquiring about Michael's health.
On June 25, 2009 at 11:17AM Conrad Murray responded to Bob Taylor:
“As far as the statements of his health published by the Press,
let me say they are all fallacious”

UCLA, Emergency Doctor Richelle Cooper recalls her conversation with Murray:
"I asked 'what happened'. Dr Murray reported the patient had been in his usual state of health, not ill, but he had been working very hard and he though he may be dehydrated"
Q. So he said he had not been ill, is that right?
A. Correct

Christopher Roger, LA coroner, performed the autopsy on Michael Jackson
Q. Can you explain your conclusions in regard to his general health?
A. His general health was excellent    

"My client did some blood tests, he did some physical examinations of him as you would expect any doctor to do. He came back within range,
he seemed to be fine. He had no heart condition. Nothing that would've uh...evidence to red flag that there need to be some special precaution" ~ED CHERNOFF, Conrad Murray defense Attorney 

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