Michael, Casey, and Nancy ...

Casey Anthony, Michael Jackson, Nancy Grace … It sounds like the beginning of a bad joke doesn’t it?

I wish I could say it was. But it’s not only NOT a joke but it’s crux of a legal argument. 

Imagine this --The King of Pop -- now being mentioned in the same sentence as -- wait for it, ‘Tot Mom.’


That’s right Casey Anthony is casting a giant shadow in a courtroom thousands of miles away from her Florida legal extravaganza.


Lawyers representing the doctor accused in the Jackson drug overdose case, demanded jurors be sequestered in this case. Why? Because, they say, interest in the upcoming Conrad Murray trial will be bigger than, wait for it - the Casey Anthony trial. Murray’s Lawyers have even gone on to say, “There is a reasonable expectation that Dr. Murray’s trial will be the most publicized trial in history.”


Now, let me say I don’t disagree. Some of you may actually remember I left the Los Angeles County DA’s office because of this case. I knew on June 25, 2009 (the day Jackson died) what lawyers are arguing now. This case would receive gavel-to-gavel coverage. Now before you balk about my self-promotion, think about it, our society is OBSESSED with crime, obsessed with celebrity, obsessed with drama, characters, LA, so it’s the perfect story. Knowing this was going to be the biggest case of my time, I was NOT going to miss the opportunity to opine, as I actually have the skinny, the insight, and know the nuances of my former office. The LA District Attorney’s office -- the players, the case, the evidence, and strategies -- will all be under intense scrutiny. Who better to cut through the hype than a former DA like me?


OJ was called ‘the trial of the century,’ but that was before the world-wide-web. OJ was covered via good old fashion cameras, radio, and reporters. But that was before Nancy Grace, bloggers, tweets and status updates. And Casey proved it – minute- by -minute coverage paid off with sky-high ratings.


And she wasn’t even famous.


When everybody’s jaws finally returned to normal after the Anthony not guilty verdict, the experts began discussing what kind of impact this case would have on the jury system. I was one of them. Was I surprised by the Anthony verdict? Not really. I know what it’s like to stand up in front of a packed courtroom for a big trial. I know what it means to prove a case beyond a reasonable doubt, and never discount the burden of proof, something I think the Florida prosecutors did.


And this one IS going to be big. I just hope that the DA in LA doesn’t watch too much of its own press, drink too much of their own Kool-Aid, or get too cocky, like the Florida prosecutors did. This case, while seemingly easy on the surface, is actually TOUGH. There are many legal nuances presented by a case involving a drug like Propofol. Then, there is the question of whether Michael was responsible for his own demise or not. And even with the best lawyers, a smart judge, a good jury, the DAs will have to do their job. And they will have to do it even better than they think.


Turns out Los Angeles County Superior Court Judge Michael Pastor didn't buy any of the defense team's arguments, saying he didn't want jurors to feel like "inmates." He even said no to keeping cameras out of the courtroom.

And whether you agree or not, one must ask how much does the analysis, the talk, and the hype affect the case. Was Casey Anthony acquitted because her case got too much attention? I mean her jurors were sequestered after all.

Judge Pastor probably summed it up best.  "Yes, there will be talking heads," he said, "frequently talking heads are talking through other body parts than their heads. " I bet Nancy Grace couldn't have come up with that one!

Face it people, circumstances impact all cases. Rampart haunted LAPD for years, Kobe Bryant and the DSK cases affect all rape cases. We are a knowledgeable society, and we will weigh in. But are we weighing in fairly? I mean how crazy is it - the “People versus Dr. Conrad Murray” is being dubbed the, ‘The Jackson Trial.’ Michael’s family will be seated in that courtroom day-in and day-out. His parents, siblings and his children will watch, as Michael is once again center stage. His health, use of drugs, odd behaviors, and yes, the condition of his body after death, will be exposed for all to hear. TV, analysis or not, these circumstances will affect the case just as much as a camera, and yes, even Nancy Grace.


The prosecutor in this case, Deputy District Attorney David Walgren is a darn good lawyer. He’s fair, and hard working, but in this post-Casey Anthony era, does he stand a chance? The evidence as laid out so far, seems to put Murray in a heap of trouble. But we’ve all seen what reasonable doubt can do to a jury. After Casey, I called for professional juries. The idea isn’t a new one, but it may be worth looking at. With 24 hour, 7 days a week coverage of a case like this one, what pressures will Murray and his defense team face? What about the DA and his team? Can justice prevail? I don’t know about you, but I’ll be watching, tweeting, and Facebooking just as I’ve planned since 2009.

The Conrad Murray Rx Problem

While at the courthouse Monday on the case of People v. Conrad Murray, I was blown away by the circus scene.  And these  are  my thoughts -- the native Angeleno who lived here through OJ ...

In a weird way,  it felt sad.  Not sad for Michael Jackson  (it seems that his life was sad and his death was sad - but that isn't the sadness I felt about the courthouse scene) and definitely not sad for Conrad Murray (this guy may be in real trouble -- and because it is a result of his own actions, I can't be sad about that) but sad for the system, the other victims,  and all the other cases where not a single camera or person was there to report.

So why was there such a crowd?  To get a glimpse of the Jackson clan? To heckle Murray in the halls?   To advocate for justice?  In the grand scheme of things  the actual court proceeding wasn’t even that important – basically it was about assigning a court and potentially determining whether Murray’s medical license would be yanked (and yes it should, in my opinion).

But what about those other courtrooms? You know what I am talking about... those other empty courtrooms where justice really needs to be served. I couldn’t believe in this economy and this day and age how many people took time off work, left their kids,  and spent 'vacation time' for this case.  There are hundreds of other cases that need public voices, and this one certainly isn't it.   I just can't believe we are even talking about this ad nauseam when there are such bigger issues that need tackling. And yet there are some really interesting elements to this case (besides the fact that Jackson is the  decedent).

As it stands now, the DA’s evidence against Murray is formidable. The autopsy report, as circumstantial evidence, is “bad.”  In addition, Murray's own confusing accounts of the last hours, not to mention his questionable past, are all stacked against him.

Murray was grossly negligent in failing to have the proper monitoring and life support mechanisms in Michael's home. Even if they had been present, many experts insist that Propofol should never be used outside a fully equipped hospital, or by a doctor who is not an anesthesiologist.  Which leads me to question whether a private doctor, especially a doctor who is retained by a celebrity, can ever practice ethically in the first place.  What I mean is: if Michael was asking for these sedatives and drugs, what was Murray going to do? He was on a monthly retainer. Allegedly he was paid to provide the drugs Michael asked for, right?  Murray probably thought, 'if I don’t give him what he is asking for, someone else will'. Considering Murray's precarious financial situation, by his own accounts, it is not surprising that the events unfolded as they did.

We see many celebrities in Los Angeles who succumb to the temptations of drug use. That is not new, unfortunately. What is new - the phenomenon that doctors are legally prescribing them these medications. Take Corey Haim for example. Haim died recently, March of 2010. LA police said that his death appeared to be accidental and may have been due to an overdose. Four bottles containing Valium, Soma, Vicodin and a muscle relaxant were retrieved  from  his home. But these were later confirmed as prescribed by his doctor!  Haim obtained, in all, 553 prescription pills over the two months before his death, according to Calif. Attorney General Jerry Brown. All prescriptions were legally obtained, according to records. This is outrageous!

So while drug use by famous pop stars and actors is not a new problem, this issue of private doctors going crazy with the Rx pad seems to be. So can we really blame the doctors who are part of the system (probably, yes) … But also we must look at the system itself. Should practicing private medicine (i.e. being on retainer to a wealthy celebrity, politician, etc.) even be legally allowed? Regardless of whether or not Murray is convicted (and the Jackson camp definitely needs a scapegoat on this one) – we must address this larger issue of prescription medication abuses in the medical community.

Conrad Murray: Get Ready to See A Fight

I was outside the courtroom for most of the day on Monday to cover the Conrad Murray "event". I’m sure none of you out there need to be told who Conrad Murray is -- Michael Jackson’s doctor who was charged with involuntary manslaughter!  It was so interesting for me to be reporting on the case, instead of being in the courtroom – as I have actually spent time a lot of time that particular court when I was a prosecutor. It was quite a scene that day!  It looked more like the scene of a pop concert than a court hearing.  

So what is going to happen? I wish I had a crystal ball or was able to read tealeaves. Is this going to be another 'trial of the century'?  It could be.  But besides the frenzy that comes along with anything MJ related - this is fascinating case.  I mean a really interesting case on its own.  It brings up issues of celebrity (but where the victim is the celebrity), issues of  how we deal with drugs and drug addiction, and the issue of doctor accountability.

My inside sources have said to me "get ready to see a fight.” In other words: Dr. Murray loves his job and his license is important to him and he is not going to plead to anything that puts his medical practice in jeopardy.   So, if the good doc is going to fight why aren't we seeing 2nd degree murder charges?  Isn't there enough to show malice (remember malice is not defined as intent to kill)?  Since the ethical basis to charge manslaughter exists, why not let a jury decide when they get mandatorily instructed on the lesser crime?

So, I'm curious people.... What do you think?  What about the charges? Does involuntary manslaughter make sense to you? Should Murray as a doctor have known better then to administer that amount of Propofol to Jackson? I know the Jackson family is upset.  But what would you do if you were on the jury?  Email me, blog, or join the Justice Interrupted chat room where Brian Oxman - Jackson family lawyer - will join us live from ITALY as we dissect, squabble, and analyze this case.

As we head into a Valentines Day weekend, remember to be kind to each other, stay safe, and enjoy your family, friends, and loved ones!

Cant We All Just Get Along

In the words made famous by a well known Los Angeles defendant, I'd like to ask: "Cant we all just get along" ...!? But it seems to be the case today in rainy Los Angeles on this Friday, February 5 2010, that we cannot just get along.

As I write to you, I have just finished reading the fifth TMZ update to the Conrad Murray debacle surrounding his surrender - originally scheduled for 1:30pm today (now it looks like charges will be filed on Monday). Many people would like to think that the feuding between the DA's office and LAPD in this case is an aberration. But unfortunately, from my experiences as a prosecutor in LA, feuds surrounding the investigation and following of cases are commonplace. The cops don't want to be told by the attorney how to run a case and the attorney feels they somehow know how to do it better.

Frankly, there is a place for all involved -- this is supposed to be a team effort. There are important roles and point to be taken on both sides. The current frenzy only makes LA as a whole look unprofessional, petty and even egotistical. Of course, the news pundits know that this MJ fever makes for great TV, but it does not allow for justice in the long run.

Perhaps everyone should just take a breath and remember Rodney's words: "Can't we all just get along." LA should make a decision to begin this process now - the world is watching, let's deliver.