Jackson's Manslaughter

by John M. Curtis
(310) 204-8700

Copyright July 28, 2009
All Rights Reserved.

       When Michael Jackson was found dead Saturday morning June 25, 2009 in his rented Holmby Hills mansion, the Jackson family went to great lengths to call his death “cardiac arrest.”  Forget about Jackson’s memorable rehearsal the night before at Staples Center, showing no heart-related symptoms.  His personal physician Conrad Murray fled the scene and was incognito for several days.  Los Angeles County Fire Department paramedics received a call that morning saying that Jackson was not breathing.  When they arrived at the scene, there was no change in Jackson’s condition:  He was dead.  Yet, Murray, who found Jackson in his anesthesia “bedroom” clad with IV and oxygen mask, claims he performed rigorous cardiopulmonary resuscitation.  While denying that Murray was a suspect, the Los Angeles Police Department has been investigating Murray and the crime scene from Day One.

            Federal Drug Enforcement Administration agents searched Murray’s home, medical offices and storage facilities looking for Propofol, trade-name Diprivan, the powerful, short-acting operating room anesthetic used exclusively by licensed anesthesiologists in inpatients or outpatient surgery centers.  At the time of Jackson’s death, paramedics and UCLA personnel were incorrectly told Jackson was injected with Demerol, a type of synthetic morphine used for pain relief.  While the Los Angeles Coroner has not officially released the toxicology report, it’s believed Jackson died from a Diprivan overdose administered by Murray.  Murray was paid $150,000 a month by Jackson to manage his insomnia, among other things.  Murray’s Houston medical offices and storage locker were searched last week by DEA agents, trying to ascertain whether the 51-year-old doctor was guilty of manslaughter.

            Regardless of whether or not Los Angeles District Attorney files manslaughter charges against Murray, the California Medical Board is likely to yank his license.  Administering Propofol for Jackson’s insomnia is below-the-standard-of-care warranting suspension and possibly license revocation.  Inpatient or outpatients use of Propofol requires electrocardiogram monitoring.  When administered, the continuous IV-drip must be carefully checked because of recognized dangers.  At the time of Jackson’s death, it’s speculated that Murray may have fallen asleep, only to wake up to find the pop singer dead-on-arrival.  All the talk about Murray’s frantic attempts at CPR wouldn’t bring back someone with respiratory or cardiac failure.  Regardless of Jackson’s demands, Murray should not have participated in the pop singer’s attempt to cure his insomnia with highly risky anesthesia.

            Murray’s story on the day of Michael’s death doesn’t add up.  He said he found Michael with a “faint pulse” and tried to administer CPR for some 30-40 minutes before calling 911.  That makes no sense since the 911-call indicated that the pop singer stopped breathing.  Either way you cut it, Murray was negligent for not calling the paramedics sooner, or admitting he found Jackson not breathing and non-responsive.  Emergency room reports indicate that Jackson was administered live-saving procedures despite entering the ER dead-on-arrival.  Based on new reports, it’s highly likely that Jackson was dead-on-arrival, non-responsive to any resuscitation attempts.  New reports indicate that Murray might have fallen asleep after administering the Propofol-drip, killing Jackson sometime in the early morning hours June 25.  Jackson went to sleep and never woke up.

            When asked whether or not Murray administered the Propofol drip to Jackson, his attorney Edward Chernoff told reporters “he didn’t administer anything that should have killed Michael Jackson,” adding, “We will not be commenting on rumors, innuendo and unnamed sources,” refusing to confirm or deny whether Murray gave Jackson his last Propofol treatment.  Questions arose whether or not Jackson was capable to giving himself his own treatment.  No lay person could possibly inject himself with Propofol treatments.  Regardless of the DA’s decision to file charges against Murray, the Medical Board won’t look too kindly to physicians playing emergency or operating room specialist.  Setting up Jackson’s home anesthesia clinic won’t play too well to the Calfioria Medical Board.  Unless the toxicology report reveals massive doses of other toxic drugs, Murray is likely charged with manslaughter.

            Doctors around the country should be put on notice that they can’t operate beneath-the-standard-of care regardless of patients’ demands.  Jackson may have had incurable insomnia but it’s inappropriate and dangerous to administer anesthesia for a sleep disorder.  When Murray decided to use Propofol, he opened himself up to criminal and civil liability.  Based on what we know about Michael’s death, he was dead-on-arrival to paramedics and emergency room personnel.  Administering CPR by Murray and others can only be seen as an attempt to cover up the fact that Jackson was already dead.  Regardless of intent, charging Murray with manslaughter fits the crime of causing Jackson’s death.  Administering inpatient or outpatient anesthesia to treat Jackson’s insomnia is malpractice in anyone’s books.  Murray must stand accountable for causing Michael’s death.

 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.


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