Dr. Conrad Murray's Defense Team Strikes Back

by John M. Curtis
(310) 204-8700

Copyright October 27, 2011
All Rights Reserved.                                         

     Wrapping up Dr. Conrad Murray’s involuntary manslaughter trial for the death of pop singer Michael Jackson, the defense pulled out all stops to plant reasonable doubt in that lone juror.  Jurors heard testimony from medical expert Dr. Robert Waldman speculating about Jackson’s possible addiction to the powerful synthetic opiate known as Demerol.  While Waldman had no direct knowledge of Jackson’s Demerol use, he reported like other members of the press rumors about Michael receiving Demerol from Beverly Hills dermatologist Dr. Arnold Klein.  Raising Jackson’s possible Demerol use opens a can of worms about whether his addictions contributed to his death from an acute Propofol overdose.  Only one small problem to Waldman’s theory:  The Los Angeles County Coroner found no Demerol in Jackson’s system when they announced his Propofol overdose Aug. 24, 2009.

            Waldman put his reputation on the line speculating about Jackson’s alleged addiction without any direct knowledge or medical proof.  “I believe there is evidence that he was dependent on Demerol, possibly,” said Waldman, qualifying his speculation with a big fat “possibly.”  It’s also possible Jackson was fed drugs by extraterrestrials.  If the Aug. 24 Coroner’s report indicates no Demerol in Jackson’s system it hardly shows Demerol dependence.  Waldman indicated that insomnia could be caused by Demerol withdrawal.  He didn’t tell jurors that a host of other conditions, including methamphetamine or cocaine use also causes insomnia.  Jurors unfamiliar with drug addiction and medical terminology could easily conclude that something other than Propofol could cause eath when combined with other drugs.  Murray’s defense team did their job confusing jurors.

            Murray’s defense team can’t decide whether or not to accuse Jackson of administering the lethal dose of Propofol or blaming his death on the synergistic effects of other drugs and his weakened medical condition.  Anyone watching Jackson’s dress rehearsal at Staples Center the night before his death knows that he couldn’t perform at that level without some degree of health and fitness.  Suggesting he was in a deteriorated medical state denies the fitness needed to pull off a strenuous dress rehearsal.  Waldman admitted his speculation was based on old medical records and newspaper reports from the ‘80s or ‘90s, so outdated that it’s now meaningless.  Speculating about Jackson’s insomnia caused by Demerol withdrawal doesn’t match the Aug. 24 Coroner’s report, listing Propofol overdose as the cause of death.  Attributing his death something other than Propofol doesn’t match the facts.

            Much of the defense’s theory surrounds speculation about Jackson’s medical condition and past drug abuse.  They can’t refute the Coroner’s report, only suggest that other things killed the pop singer, including a self-administered Propofol overdose.  Murray has admitted to only administering a 25 mg dose, apparently not enough to induce Central Nervous System or respiratory suppression.  Jurors already heard from medical experts that using Propofol to treat insomnia or anything else outside the carefully controlled operating room environment was the definition of “gross negligence,” the precise condition that crosses the line from malpractice to criminal behavior.  Before the trial, the American Medical Assn. condemned charging doctors with criminal acts because it inhibits medical practice.  Murray’s trial is all about crossing that criminal line.

            Prosecution medical sleep expert Dr. Nadar Kaminger called Murray’s treatment of Jackson’s insomnia “unfathomable” with respect to medical negligence.  Kaminger testified that the use of Propofol by Murray to treat Jackson’s insomnia crossed the line from malpractice to criminal negligence.  All defense efforts to blame Jackson’s death on the singer’s chronic prescription drug abuse make no sense.  If Murray knew anything about Jackson’s chronic drug abuse, he should have never added another dangerous drug, especially Propofol.  Much was made by prosecution expert cardiologist Dr. Alon Steinberg about Murray’s 20-minute delay before calling 911.  Whatever Murray did or didn’t do after finding Jackson lifeless on the morning of June 25, 2009, creating his own Propofol-driven insomnia machine was enough to convict him of involuntary manslaughter. 

                  Murray’s defense team has done a good job of diverting jurors’ attention to extraneous matters.  Focusing jurors’ attention on possible prescription drug abuse suggests that Jackson was already vulnerable to sudden death.  Jurors know that the Aug. 24 Coroner’s Report found no Demerol in Jackson’s system, only trace amounts of Lorazepam [Ativan] and diazepam [Valium].  Getting defense expert Dr. Robert Waldman to speculate about Jackson’s 20 or 30-year old medical records, completely ignores the Coroner’s Report that identifies acute Propofol intoxications as the cause of death.  Without fingering Jackson for self-administering his own lethal dose of Propofol, jurors will have no choice other than blaming Jackson’s death on Murray.  Presenting Murray’s happy patients as character witnesses has no relevance to how he killed Michael Jackson.

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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