Jackson's Doctor Charged

by John M. Curtis
(310) 204-8700

Copyright Feb. 9, 2010
All Rights Reserved.                    

            After seven long months since 50-year-old King of Pop Michael Jackson met his untimely death June 25, 2009, his personal physician Dr. Conrad Murray was finally charged by the Los Angeles County District Attorney with involuntary manslaughter.  LA County Coroner ruled Aug. 24, 2009 that the Grammy Award-winning singer died of “acute propofol intoxication,” administered by Murray for Jackson’s alleged insomnia.  Charging that Murray acted “unlawfully, and without malice [to] kill Michael Joseph Jackson,” the DA took a conservative path with a lower burden of proof than charging the 56-year-old Grenada-born doctor with voluntary manslaughter or second-degree murder.  Murray faces a maximum of only four years in prison, should the DA get a conviction.  “We’ll make bail, we’ll plead not guilty and we’ll fight like hell,” said Murray’s Criminal Defense Attorney Ed Chernoff.

            Los Angeles DA officials interviewed at least 10 medical experts before charging Murray with involuntary manslaughter, something, in this particular case, requires a finding of gross negligence.  Deaths from anesthesia are infrequent but do occur in the routine practice of anesthesiology, where powerful chemicals are used for controlled sleep during painful medical procedures, typically inpatient and outpatient surgeries.  While the coroner ruled the Jackson died of a propofol, trade-named Diprivan, overdose, Murray’s defense hinges around Michael’s use of other tranquillizers also found in his blood, including two benzodiazepines, lorazepam and midazolam, trade names Ativan and Vesed.  Inadvertent drug overdoses took the lives of 36-year-old Fifties actress and sex icon Marilyn Monroe, Aug. 5, 1962 and more recently 39-year-old supermodel Anna Nicole Smith Feb. 8, 2007.

            While there were suspicious circumstances surrounding the deaths of Monroe and Smith, Jackson’s death was far more cut-and-dried.  Unlike the two Hollywod stars, Jackson’s death occurred at the hands of his personal physicians, neither trained nor certified in performing outpatient or inpatient anesthesia.  No matter how bedeviling Jackson’s alleged insomnia, the use of a propofol drip was an entirely unconventional way to treat sleeplessness, especially as an outpatient treatment, in or outside a medical facility.  Murray was neither trained nor certified in anesthesia.  Had he had any training in anesthesia, he would have known that it’s reserved for properly trained doctors in well-equipped facilities with proper monitoring equipment.  But wherever it’s performed, it’s not done to treat insomnia.  Murray’s case crossed over the malpractice line beyond the realm of involuntary manslaughter.

              Murray’s behavior following Jackson’s death on the morning of June 25, 2009 was also highly suspicious, apparently finding him unconscious and non-responsive but waiting over an hour before calling 911.  UCLA emergency doctors performed heroic measures after Jackson stopped breathing for nearly two hours, before pronouncing him dead at 2:36 p.m..  Murray admitted to Los Angeles Police Dept. investigators that he administered propofol to Jackson at 11:00 a.m. but didn’t check back until at least noon, eventually calling paramedics at 12:21 p.m.  LA County DA’s case against Murray now revolves not around the specific timeline but about Murray’s gross negligence causing Jackson’s death.  At least 10 medical experts told the DA that Murray’s propofol-based insomnia treatment constitutes egregious malpractice, since it’s not within his expertise or appropriate standard of care.

            Arraigning Murray today in Los Angeles Superior Court at 1:30 p.m., he was required to post only a measly $25,000 bail bond.  Murray’s attorney Chernoff argued that the 56-year-old doctor was not a flight risk due to the extent of his cooperation and nature of the DA’s charges, ruling that the defendant acted “unlawfully without malice [to] kill Michael Joseph Jackson.”  Malice under the law involves proving “intent,” something the DA determined they would have a hard time convincing a jury.  When you consider the outrageous treatment for insomnia of using a propofol drip, any jury would have strong thoughts about Murray’s intent.  Shortly after Michael’s death, his sister La Toya insisted the family would pursue criminal and wrong death charges against anyone responsible for Michael’s death.  While the DA finally acted, the family can’t be happy with the watered-down charges.

            Los Angeles DA Steve Cooley took the easy way out charging Murray with involuntary manslaughter.  There’s nothing “involuntary” about a licensed physician acting so flagrantly irresponsible in causing a patient’s death.  Murray’s defense will no doubt involve Jackson’s past drug abuse up until his June 25, 2009 death.  Despite finding other drugs in Jackson’s system, Jackson died at the hands of a grossly negligent physician, inventing his own treatment for insomnia.  It’s not accidental or involuntary when a doctor steps outside the bounds of conventional practice, experiments on his patients and causes their deaths.  Murray invented a dangerous treatment for Jackson’s insomnia, set up a makeshift operating room without proper equipment in Jackson’s home and administered a “lethal injection.”  Calling it involuntary manslaughter is just plain wrong.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.