Conrad Murray defends lawyer as appeal nears

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Offline hesouttamylife

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Conrad Murray defends lawyer as appeal nears

  • on: March 24, 2013, 07:25:18 PM
http://www.cnn.com/2013/03/24/showbiz/conrad-murray-appeal/index.html?sr=sharebar_twitter

By Alan Duke, CNN
updated 7:12 PM EDT, Sun March 24, 2013

Wass will files Murray's appeal on Monday

Los Angeles (CNN) -- Dr. Conrad Murray defended his appellate lawyer from "a slew of disparaging remarks" just days before she files the appeal of the doctor's involuntary manslaughter conviction in Michael Jackson's death.
CNN has obtained sections of that 300-page appeal, including the defense argument that the trial judge erred by not allowing the testimony of Dr. Arnold Klein, a dermatologist the defense contended addicted Jackson to Demerol in his last weeks.
Murray's appeal, which will be filed Monday, also argues that prosecutors never proved Jackson was hooked up to an IV drip of the drug that killed him. The defense theory was that Jackson had administered the fatal dosage himself while the doctor was away.
The coroner ruled that Jackson died from an overdose of the surgical anesthetic propofol in combination with sedatives on June 25, 2009. Murray told investigators he used propofol to induce sleep because Jackson was suffering from insomnia.
Murray served as Jackson's personal physician as the pop icon prepared for 50 shows that were to debut in London in July 2009, but his patient was fighting a battle for sleep between rehearsals.
A wrongful death lawsuit filed by Jackson's three children and his mother is set for trial next month. The family accuses concert promoter AEG Live of liability in his death by hiring and supervising the doctor, who was convicted of involuntary manslaughter in November 2011.
Murray takes a side in lawyer dispute
Murray -- during a phone call to CNN Saturday from the Los Angeles County jail where he's been held since he was sentenced to four years in prison -- said he was "impelled to stand up for" attorney Valerie Wass, who has been involved in a personal dispute with Murray's trial lawyer Michael Flanagan.
Flanagan was helping Wass, who wrote the appeal, until the two lawyers were involved in a jailhouse argument last January. Flanagan dropped Murray as a client after the incident, but the appeals court later ordered him to respond to requests from Wass for case files, which she said he had withheld.
Murray, who witnessed the January incident between his attorneys, issued a strong statement of support for Wass in his call from jail.
"In recent weeks, I became keenly aware that a slew of disparaging remarks and personal information about my appellate attorney, Valerie Wass, were unjustly released to the media and the public," Murray said.  "Because of this injustice, I am impelled to stand up for this woman, for whom I have the utmost respect and confidence."
Wass completed work on the appeal even though "with the blink of an eye, all of her promised assistance vanished; they abandoned ship," Murray said.
A call to Flanagan for comment was not immediately returned.
"Although she needed help, she did not quit, did not jump ship, nor did she succumb to pressure while others abdicated their responsibilities," he said.   "She held steadfastly to her professional and moral conduct, which was bolstered by her amazing mettle of mind and spirit."
Murray said Wass "stood up for me amidst a most arduous and challenging series of obstacles, and whose loyalty remains indisputable.  It is my belief that she took a personal hit for me, and I want to  let her know that I'll forever be grateful."
Murray's appeal: Jackson's Demerol addiction
Although Murray could be freed in about seven months, he is seeking to clear his name and get his medical license back by having his conviction overturned on appeal.
The appeal contends that Los Angeles Superior Judge Michael Pastor wrongly prevented Murray's trial lawyers from making their case that Jackson was going through withdrawal from a Demerol addiction the day he died.
"The reason it sought to prove that Jackson was going through Demerol withdrawal on June 25th was to show his state of mind -- specifically, that his resulting physiological and psychological state, along with the pressure he was under from preparing for the upcoming tour, rendered him so desperate for sleep that he would take the extraordinary action of self-administering propofol when he was outside the presence of appellant," Wass writes.
Defense experts testified at the trial that Jackson's insomnia could have been caused by the withdrawal.
The defense wanted Klein and two staff members to testify about Jackson's 23 visits to their Beverly Hills clinic in the three months before his death, including five in June 2009. Jackson was given Demerol during those visits, the last time on June 22, three days before he died.
"Michael Jackson could not sleep because of the Demerol," the defense said in pretrial arguments. "Dr. Murray did not know that. But Arnold Klein did. Michael Jackson needed sleep because he was withdrawing and addicted, both addicted and withdrawing from Demerol. That's important to our defense. In fact, it's absolutely vital."
Pastor, however, ruled that testimony from Klein and his staff would be a "distraction and divergence" in the trial.
"The defense was also unable to prove whether Jackson was addicted to Demerol and going through withdrawal at the time he died, because experts in the case articulated they could not reach conclusions based only on reviewing Klein's records," Wass writes in the appeal.
If Klein or his staff had been allowed to testify at the trial, "It is reasonably probable that at least one juror on the panel would have found appellant not guilty of involuntary manslaughter," the appeal argues. "Accordingly, regardless of the applicable standard of review, appellant's conviction must be reversed."
Murray's appeal: No proof of IV drip
The prosecution's theory in the trial was that Murray hooked Jackson up to an unusual makeshift IV drip of propofol and then left him alone to make phone calls in an adjacent room. Murray was criminally negligent because he did not properly monitor his patient who later died from an overdose, they argued.
The defense argued that the IV drip only sent saline into Jackson's leg to hydrate him and that Murray used a syringe to slowly push a safe dose of propofol into Jackson's blood while he watched him fall asleep. A frustrated Jackson could have awakened while Murray was away and administered the fatal dose himself, the defense said.
"The propofol infusion theory offered by the prosecution's expert was not supported by the evidence, and in fact, was so absurd, improbable and unbelievable that a rational trier of fact could not have concluded that the evidence was sufficient to establish that appellant had placed Jackson on a propofol drip on the day of his death," the appeal argues.
The prosecution built the IV drip theory based on testimony of one of Jackson's guards who said he saw a propofol bottle hanging above Jackson's death bed when he arrived to help revive him. An investigator also found a saline bag with a slit in it, which the prosecution contended was used to hold the bottle on the IV stand.
Defense propofol expert Dr. Paul White testified such an IV drip set up was "befuddling" because a propofol bottle comes with a hanging device. The hanging tab on the bottle was not used, both sides agreed.
"The prosecution concocted the novel and ridiculous method of placing the vial into the bag through the slit, hanging the bottle upside down at an angle using the bag for support, and then hanging the bag from the IV stand," the appeal argues.
A piece of tubing key to the IV drip was never found, but the prosecution suggested Murray could have slipped it into a pocket before leaving the bedroom to ride to the hospital with Jackson.
Wass argues that is "pure speculation, and the absence of evidence of a long IV line with propofol residue is fatal to the prosecution's theory."
"If an IV line used in a propofol infusion had been placed in appellant's pocket, it would have been dripping propofol, and resulted in a messy wet pocket," the appeal argues. "Such a result is not reflected in any photograph, testimony, or statement of any witness."
Murray's appeal: Jackson gave himself fatal dose
Michael Jackson got little sleep the morning he died, despite Murray's bedside efforts using sedatives, according to Murray.
"It is likely that Jackson's heightened insomnia on June 25th was exacerbated by his surreptitious Demerol addiction and the resultant acute withdrawal syndrome therefrom," the appeal says. "Jackson's last Demerol injection was on June 22nd, less than 72 hours before his death, which could have been a peak period for the occurrence of withdrawal symptoms."
But he did fall asleep at 10:40 a.m after a single dose of propofol, he told investigators. After watching him for 15 minutes, Murray left him alone, the appeal says.
"The evidence is consistent with a scenario in which Jackson quickly self-injected the lethal bolus dose of propofol while appellant was outside the bedroom," the appeal contends. "Based on the toxicology results, it appears that the rapid injection lead to cardiac arrest and a quick death."
He may have had access to a bottle of propofol without Murray knowing, the appeal says.
"Jackson was very familiar with propofol, as other doctors had administered propofol to him," Wass writes. "It is conceivable that Jackson had obtained a secondary source for the drug, especially because Jackson had been receiving nightly infusions from appellant for the previous two months, and appellant had Sunday nights off."
If Jackson -- not Murray -- administered the final and fatal dose, then it was not the doctor's fault the patient died, the argument says.
Murray's appeal disputes the prosecution argument that Murray was criminally liable even if Jackson had administered the fatal dose himself because Murray should have known that leaving the drugs near Jackson's bed posed a risk. The risk was "not reasonably foreseeable," it said.
The prosecution will have a chance to respond to Murray's arguments before the California appeals court makes a decision.
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline paula-c

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 24, 2013, 07:55:34 PM
Quote
Murray -- during a phone call to CNN Saturday from the Los Angeles County jail where he's been held since he was sentenced to four years in prison -- said he was "impelled to stand up for" attorney Valerie Wass, who has been involved in a personal dispute with Murray's trial lawyer Michael Flanagan.



He is in jail

Offline Faithad777

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 24, 2013, 08:39:11 PM
If we believe the autopsy report, there were no traces of Demerol in Michael's system...... So why and how can they keep going on with blaming Arnie and claiming that he was addicted to Demerol and blah blah blah.......

This CNN article is full of jibberish  and baloney, with words like "befuddling" and "She held steadfastly to her professional and moral conduct, which was bolstered by her amazing mettle of mind and spirit." Who uses words like that???
Can Murray even speak like that??????

Offline Adi

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 24, 2013, 08:47:37 PM
Interesting article....thanks for posting. Seems the appeal is moving forward now (maybe? lol) just in time for the start of the AEG trial.

This part caught my eye and reminded me of the DWD theory by TS:

Quote
If Jackson -- not Murray -- administered the final and fatal dose, then it was not the doctor's fault the patient died, the argument says.

and this did as well:

Quote
The defense theory was that Jackson had administered the fatal dosage himself while the doctor was away.
« Last Edit: March 24, 2013, 08:50:38 PM by Adi »

Offline hesouttamylife

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 24, 2013, 08:50:27 PM
In all of this, it still stands to reason to me that if Michael was so dependent on propofol that he absolutely had to have it to get to sleep each and every night for 2 months… how was he able to forego these infusions on Sundays?  Does propofol have a “no Sunday needed” clause?  :icon_rolleyes:
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline MJonmind

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 02:57:39 AM
Adi, that's where my mind went immediately too.  We may have to dust off that old topic and see if we have new insight at this stage of the game.
It was all left behind in a dramatic emotional time.  I think TS and Front are not worried about our emotion, but have their own long-planned timing they don't budge from.
I believe they will be back to give us more info.

Quote
Murray, who witnessed the January incident between his attorneys, issued a strong statement of support for Wass in his call from jail.
"In recent weeks, I became keenly aware that a slew of disparaging remarks and personal information about my appellate attorney, Valerie Wass, were unjustly released to the media and the public," Murray said.  "Because of this injustice, I am impelled to stand up for this woman, for whom I have the utmost respect and confidence."
Wass completed work on the appeal even though "with the blink of an eye, all of her promised assistance vanished; they abandoned ship," Murray said.
A call to Flanagan for comment was not immediately returned.
"Although she needed help, she did not quit, did not jump ship, nor did she succumb to pressure while others abdicated their responsibilities," he said.   "She held steadfastly to her professional and moral conduct, which was bolstered by her amazing mettle of mind and spirit."
Murray said Wass "stood up for me amidst a most arduous and challenging series of obstacles, and whose loyalty remains indisputable.  It is my belief that she took a personal hit for me, and I want to  let her know that I'll forever be grateful."
This kinda reminded me of MJ's pre-2005 trial video, "A lot of ugly malicious rumours were released to the media and public about me..."  It seemed like all MJ's 'friends' also abandoned ship.  MJ had "amazing mettle of mind and spirit" in 2005, and those that defended him then, did take a "personal hit" for him.

Here is a sweet story from Dr. Firpo W. Carr:
Quote
Way back in 2004 during his trial Michael Jackson called me and said that prosecutors knew that he was innocent of child molestation charges, but pursued this strategy to wrest control of his music catalogue from him. "They're after my Beatles' catalogue," he complained. "They just want my music ...I would never hurt a child, and they know that." I reassured him that I was convinced of his innocence. "I love you," he responded. I pretended not to hear him. So, he said it again. "I love you." I tried to change the subject by returning to my firm belief in his innocence. It didn't work. "I love you," he said for a third time. I finally acquiesced and said, "I love you too Michael," to which he immediately responded most sincerely, "I love you more." http://www.lasentinel.net/index.php?option=com_content&view=article&id=5198:michael-s-murky-murder-mystery&catid=88:dr-firpo-w-carr&Itemid=178

Offline curls

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 03:40:38 AM
Strange how Murray seems ever ready to talk to the press, make documentaries etc, yet never takes the opportunity when it is presented to him, to get up in a courtroom to defend himself or have his voice heard.

Offline Girl_In_the_Mirror

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 05:56:49 AM
Strange how Murray seems ever ready to talk to the press, make documentaries etc, yet never takes the opportunity when it is presented to him, to get up in a courtroom to defend himself or have his voice heard.
This is just too strange. I wonder what's next... :suspect:
http://images2.fanpop.com/image/photos/12900000/MICHAEL-michael-jackson-12950190-320-180.gif
"As the planet faces danger and bad days,
We look up to you and we bring our praise
So, know that moonwalkers will always stand by
The man with the heart as big as the sky!" (GITM -  February 2013)

Offline MJonmind

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 05:42:09 PM
[youtube]http://www.youtube.com/watch?v=FfS-vtVBzio[/youtube]

I guess these tapes of Murray talking to LAPD were not under oath, and he obviously wasn’t excerising his (Fifth) right to remain silent or anything he said would be held against him. At :45 Murray talks of hearing MJ went to Dr. Klein 3 x per week.  He heard MJ talking to Klein’s office asking for “Jason to squeeze him in” (lol).  Pill bottles beside MJ’s bed had Klein and Metzger, so Murray knew MJ was seeing other doctors.  At 4:50 it would take MJ 2 hours to urinate!  Can you imagine him performing so beautifully on stage while holding all that extra pee? Crazy.  Jock itch!! Lol  Eyes red and legally blind!!  At 9:38 his production team said when MJ went to Klein’s those were MJ’s worst times on the set, and he was basically wasted needing 24 hours for recovery.  14:00 empty cigaretty cartons and old marijuana in suitcase MJ packed.  Murray: He used excessive cologne, he just kept spraying.

Offline hesouttamylife

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 06:23:16 PM
So how far into pumping Michael with lethal doses of propofol every night except Sundays had Murray gotten when he and Ortega and DiLeo became aware that he was getting injections 3 x/week from Arnie Klein? :icon_evil:  Murray is digging himself deeper into a hole by these admissions.  He’s saying on one hand that Michael didn’t disclose this information, but on the other that he knew by eavesdropping that he possibly was using something regularly.  Yet armed with this revelation, however acquired, he continued status quo with his plan of care.  Either he didn’t care the consequences to Michael or he opted to ignore what he’d heard as hearsay and not reliable.  If this is da-troot then he should have stopped long enough to at lease validate or investigate it.  Wouldn’t you?  And we’re not doctors, right  :icon_rolleyes:

I don’t know anymore.  For Murray to talk about Michael’s “alleged” personal habits so candidly makes me sick.  As a doctor sworn to an oath of confidentiality, he disgusts me. 

I can say this, if Michael had died in his care, the words coming out of his mouth on this video would surely seal his own fate.  It clearly shows that he would at least have some legitimate reason for concern, yet he chose to ignore it and continue an unethical plan of care; either not knowing or not caring the outcome.
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline sweetsunsetwithMJ

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 06:59:35 PM
Quote
Although Murray could be freed in about seven months, he is seeking to clear his name and get his medical license back by having his conviction overturned on appeal.

Maybe it doesn't mean anything but it's too coincidental that Murray will be out of jail in 7 months, that means next October just 4 years exactly after TII release and possible BAM.
I WANNA BE WHERE YOU ARE!!

Offline use_your_illusion

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 07:37:07 PM
Quote
Although Murray could be freed in about seven months, he is seeking to clear his name and get his medical license back by having his conviction overturned on appeal.

Maybe it doesn't mean anything but it's too coincidental that Murray will be out of jail in 7 months, that means next October just 4 years exactly after TII release and possible BAM.

I def. think that it is not a coincidence. Plus just thinking of the statement made in TII ...'we have 4 yrs to get it right' to me means, we have 4 yrs to make sure this hoax works (e.g. keep the secret, stick to the plan, until MJ's ready to BAM). The time frame of these 4 yrs could just be that, I mean if they don't get it right, it kinda messes up the plan, so go 4 yrs without a major hitch.
Do you give up yet?

Offline blankie

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 25, 2013, 08:19:45 PM
Quote
Although Murray could be freed in about seven months, he is seeking to clear his name and get his medical license back by having his conviction overturned on appeal.

Maybe it doesn't mean anything but it's too coincidental that Murray will be out of jail in 7 months, that means next October just 4 years exactly after TII release and possible BAM.



 :icon_e_surprised:  :bearhug: :th_bravo:


                                                   
LOVE YOU MORE

Offline Girl_In_the_Mirror

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 26, 2013, 08:30:47 AM
Quote
Although Murray could be freed in about seven months, he is seeking to clear his name and get his medical license back by having his conviction overturned on appeal.

Maybe it doesn't mean anything but it's too coincidental that Murray will be out of jail in 7 months, that means next October just 4 years exactly after TII release and possible BAM.
I so agree with you sweet and use_your_illusion! :bearhug:
http://images2.fanpop.com/image/photos/12900000/MICHAEL-michael-jackson-12950190-320-180.gif
"As the planet faces danger and bad days,
We look up to you and we bring our praise
So, know that moonwalkers will always stand by
The man with the heart as big as the sky!" (GITM -  February 2013)

Offline everlastinglove_MJ

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 26, 2013, 08:21:13 PM
Strange how Murray seems ever ready to talk to the press, make documentaries etc, yet never takes the opportunity when it is presented to him, to get up in a courtroom to defend himself or have his voice heard.
This is just too strange. I wonder what's next... :suspect:

hmm yes what's next... a sudden twist of fate maybe? On the supreme moment Murray rejects the fifth and decides to testify. Don't know if that's legally possible, but (almost) nothing will suprise me anymore ;D
It's all for L.O.V.E.

Offline suspicious mind

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Re: Conrad Murray defends lawyer as appeal nears

  • on: March 28, 2013, 01:29:56 PM
ok so i was looking around and a statement said that if you plead the fifth you do not take the stand and that if you do that voids your fifth amendment rights. if this is correct then it seems there was something wrong about bashir in the 2005 case because i was thinking i read transcripts and he answered some questions and not others. anyone know or have access to those ?
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."