Friday, October 7, 2011

Dr. Murray's exes deliver legal sucker punch ? In Session - CNN ...

Call it a case of the exes striking back.

One by one, starting late on day five of the trial and dominating the trial's sixth day, women Conrad Murray dated, had relationships with, and even his live-in girlfriend, who is also the mother of his most recent child, all took the stand. Four in all, and they had quite distinct personalities (some speaking softly and briefly, others more animated, almost flirtatious with the jury). They told their stories of meeting Dr. Murray in everywhere from bars to other "social settings", each of them being told he was Michael Jackson's personal doctor.

It doesn't sound good from a character perspective, but their significance goes far beyond the character of the King of Pop's doctor.

Despite Judge Pastor's previous admonition that Murray's lifestyle not be put on trial, the prosecution was able to introduce testimony about his personal relationships with these women because he had some degree of interaction with each one of them on the day Michael Jackson died? all before noon? while he was also taking calls from former patients (2 so far have testified), making calls to his office, and tending to his famous client, who he was admittedly dosing with various drugs to induce sleep.

A pattern is starting to emerge, and it doesn't look good for Dr. Murray.

Make no mistake, the prosecution put his character at issue on Tuesday. They hope the jury will see Dr. Murray as a player, whose mind was on his various women and not Michael Jackson. They want jurors to see Dr. Murray as a man lurking around clubs, hitting on various women at the same time with the go-to line of being Michael Jackson's doctor. They hope jurors, five of whom are female, will be repulsed by his character and start looking through a negative lens as they plow through the timeline on the day of Jackson's death.

But what the prosecution wants the jury to see may be much deeper than intimations that Dr. Murray is a player. That concept just contributes to the issue in this case that the prosecution REALLY wants the jury to see: Dr. Murray's choices in life, including his actions with women, left him spread way to thin, and ultimately led to Jackson's death. Think about this: your doctor provides you with a surgical anesthetic in order to help ease your pain before a procedure. Prior to that procedure, who is the last person you see? Your doctor, of course. Now think of this: when you wake up, who do you see? My guess is (1) the anesthesiologist, (2) a nurse, or maybe, (3) your doctor, (4) other technicians in the room. In your mind, these folks never left you alone, right? Well, in this case, the prosecution's real message to the jury is this: unlike what you expect in a hospital, Jackson received far less. He may have seen Dr. Murray's face before drifting off, but wasn't he expecting to be watched over, just as you are? Did he expect that Murray would be taking and receiving calls and texts from 4 women, patients, various people in his office and the like? I think not. Watch for this in the closing because you will see it addressed often by prosecutors: by not providing the care you or I would expect, he set up a substantial risk of great injury or death to his patient, and that reckless action caused his death.

The defense, as is expected from a strong defense team such as Dr. Murray's, made some very strong points. One witness, Sade Anding, was presumably on the phone with Dr. Murray minutes before Jackson's death, when she heard voices, then coughing (for the prosecution, that was presumably Michael Jackson gasping for air), then Murray dropped from the call. The defense got her to admit anyone could have been coughing, not necessarily Jackson. Another big win was what the jury didn't hear. They will not be permitted to hear evidence of Murray's 7 children with 6 women; who he is currently married to despite these other interactions with women; and his financial issues and lawsuits for, among other things, claims of upaid child support. Imagine how much worse it would be for him if the jury heard that.

But trials are famous for providing explosive, provocative evidence, while sometimes shadowing the really big point. It's like the old Muhammad Ali rope-a-dope. Remember when he used to waive his right glove distracting his opponent, and then hit 'em hard with the left? It's all about misdirection. Here's the sucker punch prosecutors want the jury to see: while the women in Dr. Murray's life provided all the fireworks in Tuesday?s testimony and may have had you thinking "was Dr. Murray a player, and does it even matter?", what the prosecution really hopes jurors ask is, "Did Dr. Murray abandon Michael Jackson, fail to be present and vigilant for him when he was ?under?, and did this ultimately cause his death?"

Talk about a one-two punch. But what will the jury think? Only time will tell.

Posted by: In Session/HLN anchor, Ryan Smith
Filed under: Conrad Murray???Opinion???Testimony???Witnesses


Source: http://insession.blogs.cnn.com/2011/10/05/dr-murrays-exes-deliver-legal-sucker-punch/

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