"Severe mistake" could doom Conrad's defense

Commentary by attorney and HLN legal analyst Eric Chase

As the Dr. Conrad Murray trial wraps its second week, it's beginning to look increasingly clear that an early error could doom his defense.

Dr. Murray's attorneys made a bold move in their opening statements by telling the jury they would prove that Michael Jackson self-administered the lethal dose of propofol.

It is generally considered bad form for the defense to make these kinds of promises in their opening and the problem is two-fold.

First, they have locked themselves into a theory they may not be able to prove. One of the best examples of this is from the Scott Peterson case.

In his opening statement at that trial, defense attorney Mark Geragos proposed that Peterson's unborn child might not have been killed with his pregnant wife Laci, but instead was born several weeks after Laci disappeared. Geragos never came close to proving that claim and the prosecution emphasized that point in their closing.

I hope Dr. Murray's defense has more support for their proposition that MJ gave himself the propofol then the "unidentified" fingerprint which the prosecution ID'd Thursday as belonging to an investigator at the scene.

For now, it seems they have made a severe mistake.

The second reason the defense shouldn't lay promises like this out in openings is they lose the "Ah-ha!" moment.

The lawyers have been living with the facts of this case for years.  It is sometimes difficult to resist the urge to tell their version of the story at the first opportunity – opening statements. However, from a persuasion perspective, it is much more powerful to let the jury make their own discoveries as the evidence emerges in front of them.

Imagine if the defense did have the evidence that Jackson gave himself the propofol. Then they let the prosecutors lay out this whole case about how administering propofol as done by Dr. Murray was negligent. Finally, in a moment of drama and gravitas, the prosecution case turns to shambles as their basic premise of Dr. Murray's administration of the killer drug is destroyed.

As it stands, Murray's livelihood and future is dependent on his lawyer's promise.

For his sake, I hope they can fulfill it.

Posted by: HLN legal analyst Eric Chase

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Comments

[JULIEterracottawarrior1028@hotmail.com]

For MICHAEL'S sake and justice,for his unnecessary death, I hope the defense can't !!!!!!!!!