Conrad Murray Trial: Day One


Los Angeles - Michael Jackson's personal physician acted with gross negligence and incompetence while caring for the singer, ignoring all standards of medical care while giving his patient heavy doses of a powerful sedative that killed him, a prosecutor told jurors Tuesday.
But one of Dr. Conrad Murray's attorneys insisted that Jackson "self-administered" a large dose of the sedative propofol on June 25, 2009, without the physician's knowledge, killing himself instantly. 

Murray, 58, is charged with involuntary manslaughter for Jackson's death. 

In his opening statement, Deputy District Attorney David Walgren told jurors that Murray -- who initially sought $5 million to care for Jackson for a year -- was more interested in collecting a $150,000 a month salary than actually caring for his patient at the singer's rented Holmby Hills estate. 

"The evidence in this case will show that Michael Jackson literally put his life in the hands of Conrad Murray," Walgren said. "The evidence in this case will show that Michael Jackson trusted his life to the medical skills of Conrad Murray. ... That misplaced trust had far too high a price to pay. That misplaced trust in the hands of Conrad Murray cost Michael Jackson his life." 

Walgren told the seven-man, five-woman panel that Murray gave Jackson a level of the propofol usually reserved for a person under general anesthesia for surgery. 

The prosecutor said evidence would show Murray "repeatedly acted with gross negligence, repeatedly denied care, appropriate care to his patient, Michael Jackson, and that it was Dr. Murray's repeated incompetence and unskilled acts that led to Mr. Jackson's death on June 25, 2009." 

Jackson, 50, was pronounced dead at 2:26 p.m. that day at Ronald Reagan UCLA Medical Center. The coroner's office determined that Jackson died of acute propofol intoxication and classified his death as a homicide. 

Murray, who is free on $75,000 bail, faces up to four years in prison if convicted of the felony charge. 

Prosecutors claim Murray administered propofol to Jackson to combat problems falling asleep after a rehearsal for an upcoming series of 50 sold-out concerts in London, then focused his attention on telephone calls and text messages and failed to properly monitor the singer. 

The doctor and his team of defense attorneys contend, however, that Jackson -- after being unable to sleep for 10 hours -- swallowed Lorazepam pills and gave himself a lethal dose of propofol while the doctor was out of the singer's bedroom. 

"... When Michael Jackson was frustrated because he could not sleep, frustrated because his doctor refused to give him a drug (propofol) he preferred -- he wanted -- he did an act without his doctor's knowledge, without his doctor's permission, ... he did an act that caused his own death," defense attorney Edward Chernoff said. 

"The evidence will show you ... that when Dr. Murray left the room, Michael Jackson self-administered a dose of propofol that, with the Lorazepam, created a perfect storm in his body that killed him instantly," Chernoff said. "When Dr. Murray came into the room and found Michael Jackson, there was no CPR, there was no doctor, no paramedic, no machine that was going to revive Michael Jackson. He died so rapidly, so instantly, he didn't even have time to close his eyes." 

Chernoff insisted that Murray was weaning Jackson off propofol, a drug the singer told the doctor he had been taking for years -- calling it his "milk" that he could not sleep without. The day Jackson died, Murray gave the singer several other drugs over the course of about 10 hours in hopes of putting him to sleep, but they all failed, Chernoff said. By late morning, Jackson began begging for the propofol, according to the attorney. 

"When Michael Jackson told Dr. Murray, `I have to sleep, I have to get some sleep, they will cancel my rehearsals, I will lose this performance,' he meant it," Chernoff said. "Dr. Murray knew he meant it." 

Chernoff told jurors that Murray agreed to administer a small amount of propofol, then monitored Jackson's pulse and breathing before leaving the singer's bedroom. After he left, however, a frustrated Jackson woke up and swallowed Lorazepam pills, then somehow gave himself the fatal dose of propofol, Chernoff said. 

"The evidence is not going to show you that Michael Jackson died when Dr. Murray gave him propofol for sleep," Chernoff said. "What the evidence is going to show you is that Michael Jackson died when Dr. Murray stopped." 

Chernoff said part of Jackson's inability to sleep could be blamed on Beverly Hills dermatologist Dr. Arnold Klein, who regularly treated Jackson and gave him shots of the pain killer Demerol, to which the singer became addicted -- something Murray was unaware of. 

Despite the claim that Murray was trying to wean Jackson off propofol, Walgren told jurors that between April 6 and June 10, 2009, Murray ordered 255 vials of propofol, totaling 4.09 gallons of the "general anesthetic agent."
giving the singer a large dose of propofol and other sedatives on the day he died, Murray left his bedside and made phone calls and sent emails for about 45 minutes, according to the prosecutor. And despite using such a powerful anesthetic, there was no sophisticated medical monitoring equipment at the estate where Jackson was living with his three children, he said.

Walgren said Murray was on the phone with his girlfriend when he noticed shortly before noon that Jackson was not breathing. Murray did not call 911, but instead called Jackson's personal assistant, who in turn called a security officer at the estate, Walgren said. That security officer went to Jackson's room and was ordered by Murray to grab a bag while the doctor collected drug vials and other equipment from around the room before telling him to call 911 at 12:20 p.m., according to the prosecutor.

"Emergency response was on the scene immediately ... but Michael was already dead," the prosecutor said.

Walgren said Murray "deceived" paramedics and hospital emergency room doctors by failing to tell them he had given Jackson propofol -- never mentioning the drug until two days later when he was interviewed by detectives.

"Conrad Murray as the doctor on scene had a legal duty of care ... to do no harm to Michael Jackson," Walgren said. "Conrad Murray, with his eyes on the anticipated $150,000 lucrative contract, instead agreed to provide Michael massive amounts of propofol on a regular basis.

"... He left this vulnerable man filled with valium ... and propofol with no medical monitoring equipment. ... He left him there, abandoned him to fend for himself," Walgren said. "It violates not only every standard of care, but decency from one human being to another."

Countering the claim of greed, Chernoff called Murray a cardiologist who "literally saves lives."

Murray built a cardiology practice in a low-income area of Houston "where there's no money to be made" and paid for patients' prescriptions if they could not afford them, Chernoff said.

Most of Jackson's family was in court, including his parents, sisters Janet and La Toya and brother Jermaine. Murray arrived at the courthouse with his mother, and as he arrived on the ninth floor of the building, a woman tried to rush him, but she was restrained by deputies.

In a compelling moment, Walgren played a recording of Jackson that Murray made with his iPhone on May 10, 2009. Jackson -- whose voice is barely recognizable -- sounds heavily drugged, slurring his words and speaking slowly as he discusses the concert tour and his hope that crowds will leave shows saying "he's the greatest entertainer in the world."

Walgren said the tape proves Murray knew "what he is doing to Michael Jackson on May 10, 2009, over a month and a half before Michael Jackson dies, as a result of this very treatment."

On a large screen on the other side of the courtroom, the prosecution showed jurors a photo of the singer's lifeless body the day he died, along with a photo of Jackson at rehearsal the day before.

Chernoff conceded that "this is an emotional case."

"We all have a vested interest in Michael Jackson. If you're my age, you do," he said. "... It's tragic, the whole thing's tragic, but the evidence is not going to show that Dr. Murray did it."

The prosecution's first witness, Kenny Ortega -- the co-director of the ill-fated "This Is It" concert series -- testified that Jackson was "completely" involved in the process of preparing for the London concerts.

"He was very excited," Ortega said, adding the singer "wanted to share what he had loved all of his life with his children," to perform for a loyal fan base and remind them to take care of the planet and each other.

Ortega, who previously worked with Jackson on his "Dangerous" and "HIStory" tours, told jurors he was concerned that "my friend wasn't right, that he wasn't well" after Jackson showed up for a June 19 rehearsal at the Forum in Inglewood following a series of missed rehearsals.

"He was chilled and he appeared lost, just lost and a little incoherent, although we were conversing," he said. "I did feel that he was not well at all."

Ortega said he sent an email shortly after 2 a.m. June 20 to Randy Phillips -- the head of AEG Live -- to express his concerns after Jackson asked to watch the rehearsal with him and then went home early. Ortega wrote that he believed Jackson should be "psychologically evaluated" and "there may still be a chance he can rise to the occasion if we get him the help he needs."

Ortega said he was confronted later that day by Murray at a meeting between Jackson, his doctor, Phillips and Jackson's manager at the singer's rented home.

"He (Murray) was upset that I didn't allow Michael to rehearse the night before and I sent him home," Ortega said, adding that the physician told him, "I should stop trying to be an amateur doctor and psychologist" and leave Jackson's medical care to him.

Murray assured him that Jackson was physically and emotionally capable of handling all his responsibilities for the upcoming shows, Ortega said.

When asked by Chernoff if it ever had struck him that Jackson might have been on drugs, he responded, "Yes."

The prosecution's second witness, Paul Gongaware, testified that AEG Live Concerts West initially contracted with Jackson for 31 concerts that sold out as quickly as tickets were offered. He said there were still 200,000 people in the queue for tickets -- enough to sell out another 50 shows -- when tickets to the 50 shows were sold out.

Gongaware, co-CEO of AEG Live Concerts, said Jackson told him at one point that he wanted to hire Murray as his personal physician for the tour, and the doctor initially asked for $5 million for a year, telling him that he had four clinics to close.

"I told him there's no way that's going to happen," Gongaware said. "Michael couldn't afford it."

He said Jackson's personal assistant called him on the way to a rehearsal to insist that Jackson wanted to hire Murray and that he overheard Jackson saying to offer him 150 -- apparently meaning $150,000. Murray initially declined that offer, but quickly accepted after hearing that the offer came directly from Jackson, Gongaware said.

The trial is expected to last four to five weeks.

Read more: http://www.myfoxla.com/dpp/jackson_dr_trial/case_file/conrad-murray-trial-day-one-20110927#ixzz1ZMIy74v0