Why Dr. Conrad Murray shouldn't take the stand

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Offline PureLove

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Why Dr. Conrad Murray shouldn't take the stand

  • on: October 18, 2011, 06:55:33 PM
Why Dr. Conrad Murray shouldn't take the stand



As Dr. Conrad Murray's defense attorneys prepare to present their case and plea for his innocence, the question begs: Should Dr. Murray take the stand and testify?

The short answer: NO!

First, the obvious reason: He doesn't help himself when he opens his mouth. If you recall, Dr. Murray chose to release a self-serving video prior to this trial to exonerate himself or "explain" some things. However, it was clear he is not a good or convincing speaker.

It would only get worse on the stand when you have a prosecutor cross-examine Dr. Murray with the glaring media coverage and 12 jurors hanging on to every syllable he enunciates for what could be two to three days of testimony.

Secondly, as a criminal defense attorney, you generally do not have your client take the stand unless you have a strong feeling that the prosecution did a great job in its case-in-chief and something was said or done by a witness that makes it immediately necessary that a defendant take the stand to counter that presentation.

But, even so, you also weigh the pros and cons of whether his taking the stand to defend himself is outweighed by the potential damage he could do to himself on cross examination along with other aspects of the prosecutor interrogating him for hours. Dr. Murray's approach, demeanor and style would not survive the state's seasoned veteran prosecutors.

Thirdly, he should not testify given the history of high profile defendants who testify and those who do not testify in relation to a jury verdict.

On one hand, you have the famous Bruno Richard Hauptmann case in 1935. Hauptmann took the stand in the first "trial of the Century" when he was charged with murder in the kidnapping of Charles Lindbergh's 18-month-old baby. Hauptmann's confusing testimony did not help him at all. It just gave the 700 media representatives covering the case the chance to review his every word. After the trial, Hauptmann declared his innocence right up until his execution in 1936.

On the other hand, you have the recent Casey Anthony murder trial in the death of her 2-year-old daughter Caylee. Anthony's case galvanized America for months and, in the end, she never took the stand and was acquitted of murder charges and only found guilty of lying to police - a much lesser offense.

And who can forget O.J. Simpson's famous murder trial in the 90s, where he was acquitted of killing his wife and her friend Ronald Goldman. The "Juice" never took the stand. The list goes on and on.

Dr. Murray has already faced a variety of mistresses and girlfriends, his bad credit and financial issues have been exposed and, some could argue, he's been pre-convicted by the media. Dr. Murray can't do anything positive to help his case by testifying.

Even though the prosecution did an excellent job in its presentation, the case is still not clear cut in terms of Dr. Murray's guilt and would most likely see a hung jury right now. So, if you are defense counsel, why put him on the stand to testify?

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Offline PureLove

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 18, 2011, 06:58:39 PM
It's too bad for the ones who were expecting to see him standing to be sure if he is Michael in disguise or not. I wish he took the stand tho. I was wondering what he was going to say.

Offline Elsa

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 18, 2011, 08:28:49 PM
I wonder if Murray's accent is real.  I've only heard it in rehearsed speeches and comparing those I think it changed - a bit - from the fireplace video to when he spoke in church.  I'd love to hear him in court under cross examination - but if the court is fake then I guess it could still be rehearsed.

Offline all4loveandbelieve

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 18, 2011, 08:32:40 PM
It's too bad for the ones who were expecting to see him standing to be sure if he is Michael in disguise or not. I wish he took the stand tho. I was wondering what he was going to say.

 lolol/ lolol/  I would have loved to see him too..


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Offline alfarle

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 18, 2011, 10:41:50 PM
I wonder if Murray's accent is real.  I've only heard it in rehearsed speeches and comparing those I think it changed - a bit - from the fireplace video to when he spoke in church.  I'd love to hear him in court under cross examination - but if the court is fake then I guess it could still be rehearsed.

He spoke in church? When was this? :?: :|
I turned 6 yrs old when MJ released the Smooth Criminal single. The 24th will be a very special b-day this yr....:) I'll be 29. Subtract 9-2 and what do you get???? lol Lucky #'s . Last yr in my 20's....

Offline all4loveandbelieve

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 19, 2011, 01:15:24 AM
I wonder if Murray's accent is real.  I've only heard it in rehearsed speeches and comparing those I think it changed - a bit - from the fireplace video to when he spoke in church.  I'd love to hear him in court under cross examination - but if the court is fake then I guess it could still be rehearsed.

He spoke in church? When was this? :?: :|
I know, well I should say I read that he use to go to church all the time, and he did make a speach time to time..


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Offline Sarahli

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 19, 2011, 08:33:31 AM
I wonder if Murray's accent is real.  I've only heard it in rehearsed speeches and comparing those I think it changed - a bit - from the fireplace video to when he spoke in church.  I'd love to hear him in court under cross examination - but if the court is fake then I guess it could still be rehearsed.

He spoke in church? When was this? :?: :|
I know, well I should say I read that he use to go to church all the time, and he did make a speach time to time..

Here is a video of Murray in Church:

[youtube]http://www.youtube.com/watch?v=F4Q983-uTGQ[/youtube]

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Offline everlastinglove_MJ

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Re: Why Dr. Conrad Murray shouldn't take the stand

  • on: October 19, 2011, 11:38:17 AM
Jackson doctor's defense will get chance                    It seems unlikely that Dr. Conrad Murray will take stand     By ANTHONY McCARTNEY    updated     10/17/2011 12:06:44 AM ET2011-10-17T04:06:44
    LOS ANGELES — The trial of Michael Jackson's personal physician will enter a new phase this week, with the doctor's attorneys trying to counter three weeks of damaging testimony and attempting to show that the singer somehow caused his own death.     
    Lawyers for Dr. Conrad Murray have told jurors that the involuntary manslaughter case will hinge on the science of what killed Jackson in June 2009. They will call their own experts to counter prosecution witnesses who have repeatedly told the panel that Murray was reckless and beyond the fringes of medicine when he administered the anesthetic propofol to help Jackson sleep.
    It was not clear when the defense would get to start its presentation. Monday's testimony was canceled because the government's final witness, Dr. Steven Shafer, will be unavailable. Court spokeswoman Mary Hearn said Sunday the trial's resumption would be announced when more information becomes available.
    The Houston-based cardiologist has pleaded not guilty and his attorneys continue to maintain that Jackson somehow gave himself the fatal dose of medication. They have abandoned the theory that Jackson died after swallowing propofol, but now contend he was killed after taking several pills of the sedative lorazepam and possibly giving himself a shot of propofol after Murray left the singer's bedroom. Before the defense lays out its case — expected to consist of 15 witnesses and last until the end of the month — it will have to contend with Shafer. The Columbia University researcher and professor helped write the warnings and directions included with every vial of propofol — warnings a prosecutor said in opening statements that Murray ignored.
    Defense attorney Nareg Gourjian declined to say Friday who Murray's team would call to testify, but told the judge they would include police officers, experts and some character witnesses. He was not asked, nor did he mention, whether Murray would testify in his own defense.
    It seems unlikely that Murray will testify. Jurors have already heard his more-than-two-hour interview in which he laid out his version of events before Jackson's death to a detective who acknowledges he wasn't conducting an interrogation.
    If Murray takes the stand, he would undoubtedly be asked by prosecutors about several unanswered questions, such as why he never told paramedics or ER doctors about giving Jackson propofol, why he never told police he was on the phone for long stretches of the morning Jackson died, and why he recorded the singer when he was impaired, stumbling his way through his plans for a children's hospital and cementing a legacy larger than those attained by Elvis Presley or The Beatles.
    In his opening statement to jurors, lead defense attorney Ed Chernoff said Murray's team would try to answer two fundamental questions:
    "First, how did Michael Jackson get to this point, this desperate point," Chernoff said. "And second, what happened when Dr. Murray was out of the room?"
    Prosecution witnesses have acknowledged that only Jackson and Murray know what really happened, but two medical experts testified last week that Murray was grossly negligent. Even if Jackson somehow was able to give himself medication after Murray left the room, the doctor should have been closely monitoring the singer and should have never left any medications within arms' reach, the doctors said.
    Ellyn Garofalo, who last year won an acquittal for one of Anna Nicole Smith's doctors charged with improperly prescribing pain medications, said Murray's team should focus on their expert testimony and not start calling character witnesses.
    "If they start to call character witnesses, they don't have a great deal of faith in their defense," she said.
    She said the experts should be able to show that the case isn't as simple as prosecutors have claimed, and that it is filled with "all kinds of shades of gray."
    Murray's attorneys should also try to argue that prosecutors should not be second-guessing medical decisions. "Do we really want the DA's office making medical decisions for doctors," she asked.
    Murray's case, she noted, differs in one major respect from the case against her client, who was never accused of causing Smith's death.
    Garofalo said Murray's case will be harder to win, and prosecutors so far have done a solid job of showing that the doctor shouldn't have been giving Jackson propofol as a sleep aid in the superstar's bedroom.
    "It's a strong case because you have somebody dead after somebody did something that is unheard of," Garofalo said.
    Murray's defense strategy also appears to involve calling hostile witnesses, including police officers who prosecutors did not call during their case. The defense scored some points early in the trial by getting a coroner's investigator to acknowledge that she moved some evidence around in Jackson's bedroom before photographing it and that she didn't keep all her notes. The officers would likely undergo the similar harsh questioning about their decisions.   They may also call doctors who previously treated Jackson but have never been formally accused of wrongdoing. They are barred from calling one doctor whose name has been repeatedly mentioned during the trial — Jackson's longtime dermatologist Dr. Arnold Klein.Murray's team may also call Jackson's hairdresser, Karen Faye, who they have said will testify that the singer was distraught at the prospect of performing 50 comeback concerts at London's O2 arena. Such an account would be in contrast with several other witnesses who said Jackson was excited about the concerts and that his three children would see him perform.
    The trial, which is entering its fourth week, has moved rapidly, with 33 witnesses so far and both sides presenting more than 250 pieces of evidence. At its current pace, jurors should receive the case next week.
    Is there anything Murray's lawyers could present that would make you believe he is innocent? [/i][/size]Tell us on Facebook[/i]
    [/size]http://today.msnbc.msn.com/id/44922034/ns/today-entertainment/t/jackson-doctors-defense-will-get-chance/[/url]
    [/size]
    Quote
    Is there anything Murray's lawyers could present that would make you believe he is innocent? Tell us on Facebook[/i] [/size]
    Any idea's????... 'cause it seems that the defense has run out of idea's :lol: (sounds kinda desperate)
    « Last Edit: October 19, 2011, 11:41:26 AM by everlastinglove_MJ »
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    Offline PureLove

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    Re: Why Dr. Conrad Murray shouldn't take the stand

    • on: October 20, 2011, 07:23:05 PM
    I wonder if Murray's accent is real.  I've only heard it in rehearsed speeches and comparing those I think it changed - a bit - from the fireplace video to when he spoke in church.  I'd love to hear him in court under cross examination - but if the court is fake then I guess it could still be rehearsed.

    I think it is real. He is not American and it is so normal for him to have an accent but also he started to get used to speaking english and that makes him lose his accent sometimes. You lose your accent and then have it back, and lose it again... That happens to me too.