Hate to have to agree but yes. The interview gave Murray what they have been waiting for. That along with the LAPD dragging their foot making it seem like this is such a difficult case in theory when in fact if this happened to Brad Pitt, Bruce Sprinsteen, Madoona or some other star of MJ's caliber, the murderer would be arrested long ago.
The jury pool is watching and all Janet did in her interview was make MJ seem like a severely drugged out person and saying he was in denial just made it worst. Us fans know the truth but to the passing observer along with how long this investigation is taking, will think he was.
I don't think there will ever be justice for Michael. Though, I do hope along with my prayers, so much to be wrong.
By constantly talking about Michael being on drugs and failed interventions and not making it clear that Michael wasn't apparently on anything other than what Murray gave him when he died. According to the autopsy, his organs were not damaged by years of drug use but the media wants to portray a drug addict and the family goes along with it. They are giving Murray a defense and giving the potential jury reasonable doubt.
But it wasn't a 'cocktail' of drugs that killed him, it was strictly the propofol, which Murray supplied and injected Michael with.
by Ellusive Moonwalker
yeap agree. no wonder the media laugh at that family so much.who needs the media when you own family are doing their job for them.
Hate to have to agree but yes. The interview gave Murray what they have been waiting for. That along with the LAPD dragging their foot making it seem like this is such a difficult case in theory when in fact if this happened to Brad Pitt, Bruce Sprinsteen, Madoona or some other star of MJ's caliber, the murderer would be arrested long ago.
The jury pool is watching and all Janet did in her interview was make MJ seem like a severely drugged out person and saying he was in denial just made it worst. Us fans know the truth but to the passing observer along with how long this investigation is taking, will think he was.
I don't think there will ever be justice for Michael. Though, I do hope along with my prayers, so much to be wrong.
Quote:
Originally Posted by yaazgurl
By constantly talking about Michael being on drugs and failed interventions and not making it clear that Michael wasn't apparently on anything other than what Murray gave him when he died. According to the autopsy, his organs were not damaged by years of drug use but the media wants to portray a drug addict and the family goes along with it. They are giving Murray a defense and giving the potential jury reasonable doubt.
I agree with 100% with what you all have said:
All Janet Jackson needed to have said last night was
I will love and support Michael Jackson 's children.
Agree with everything here.
Murray's defense is "the drug addict who's my boss made me do it, I was afraid to say no" story. And statements like the one Janet made yesterday (as much as I love her) help Murray.
HOW?
It will help Murray fight a 2nd degree murder charge (which could mean a life sentence) and get a lesser degree of involuntary manslaughter which the maximum penalty is 18 months - by claiming MJ forced him to do so.
All the evidence points at a 2nd degree murder charge, because MJ was healthy, not showing any signs of "addiction" per se, and there were massive and abnormal amounts of propofol, which normally metabolizes within 10 minutes. So there was gross negligence & malice.
But if the family keeps talking, the defense smiles.
The jury pool is watching and all Janet did in her interview was make MJ seem like a severely drugged out person and saying he was in denial just made it worst. Us fans know the truth but to the passing observer along with how long this investigation is taking, will think he was.
MJs siblings are being honest when asked. I don't know why people refuse to take it for fact that Michael did drugs. Do you think Janet is lying too? St Janet accorrding to people here. My goodness he had a problem, alot of people did. His death was Dr Murrays fault because nobody should have been administering that regularly. But MJ had his part in it to.
That is like saying an eye witnesses trumps DNA evident. If there is no evident of addiction, it makes no different what people claim. It would be the same of several witnesses say that John Smith was not at the crime scene, but physical evident said that he was. Juries believe physical evident over eye witnesses, since they can be wrong in what they saw or observe.
Also, a person begging for drugs is not excuse for a doctor. So, he force me to do it does not fly, because he is the flipping doctor and you are not suppose to give in to patient demands. Unless they can prove that Michael had him at gun point, no jury is going to believe that. If anything, he would get it worst for given medicine to an addict.
Not to mention the fact all the crap he did after Michael stopped breathing. Also, even without the addict charge, I doubt he would had been given 2nd degree murder anyway, because there was no intent.
But it wasn't a 'cocktail' of drugs that killed him, it was strictly the propofol, which Murray supplied and injected Michael with.
True, the media just flashed that word around to get more viewers... pathetic.
"manner of death has been ruled homicide. Cause of death was established as acute propofol intoxication. Other conditions contributing to death: benzodiazepine. The drugs propofol and lorazepam were found to be the primary drugs responsible for Mr. Jackson’s death. Other drugs detected were midazolam, diazepam, lidocaine, and ephedrine. The final coroner’s report includes a complete toxicology report that will remain on security hold at the request of the Los Angeles Police Department and the Los Angeles County district attorney’s office."
Another good point in bold, the defense can also claim a mistrial based alone on Janet's interview - that Murray can't possibly get a fair trial based on all the media exposure.
What is the saving grace of the situation is the evidence & the coroner's report.
A good DA (calling Jack McCoy!) will pound it in the jury's face that regardless of the opinion that Murray and his defense team has, the forensic evidence says that MJ was a healthy 50 year old male with no signs of addiction of any kind internally or externally - and was killed by acute propofol intoxication at the hands of another.
And I wish the DA would put a gag order on all the Jacksons, or people associated to them - because whatever they say can ruin the case.
No charges have been brought filed, so how can you put a gag order.
Also, word of mouth does not beat physical evident so it really does not matter. If they are called by the defense, any lawyer will asked them for specific times for these interventions and why they thought Michael was on drugs. Especially, since none of them ever saw him take drugs.
DNA evidence is clearly stronger than an eyewitness report, obviously.
My point is that they can use Janet's statement to go for a lesser charge: instead of 2nd degree murder, the defense will try to get involuntary manslaughter - and statements like Janet's could support the involuntary manslaughter charge.
Murray can be given 2nd degree murder because of the amount of propofol found in MJs body - regardless of intent. The gross negligence in the way Murray administered over 7 medications, plus the phone calls and none to 911, the botched CPR, the manner which Murray fled when MJ was declared dead can bring him a 2nd degree murder charge and life in prison - if the DA pushes for it. The evidence sure calls for it.
EDIT: The police/DA can request the family not to mention or talk to the media.
You're right, but remember: a defense attorney doesn't have to prove their client is innocent. What they have to do is cast a shadow of doubt on the evidence presented by the prosecution to the jury. And Murray's lawyers can do this. Not prove it, but cast a shadow of doubt.
Not true, to get 2nd degree murder you have to have intent of committing another crime. Without intent, it would be criminally negligent manslaughter.
Criminally negligent manslaughter
Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States.
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of wilful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).
United States Law
In many jurisdictions such as California, malice may be found if gross negligence amounts to wilful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.
Second Degree Murder
The first few elements are relatively straightforward; however, the concept of "malice aforethought" is a complex one that does not necessarily mean premeditation. The following states of mind are recognized as constituting the various forms of "malice aforethought":
Intent to kill,
Intent to inflict grievous bodily harm short of death,
Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
Intent to commit a dangerous felony (the "felony-murder" doctrine).
Under state of mind (i), intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.
Under state of mind (iii), an "abandoned and malignant heart", the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury. An example of this is a 2007 law in California where an individual could be convicted of second-degree murder if he or she kills another person while operating a motor vehicle while being under the influence of alcohol, drugs, or controlled substances.
Under state of mind (iv), the felony-murder doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
Many jurisdiction divide murder by degrees. The most common divisions are between first and second degree murder. Generally second degree murder is common law murder with first degree being an aggravated form. The aggravating factors that distinguish first degree murder from second degree are first degree murder requires a specific intent to kill and premeditation and deliberation.
Murray can scream all he wants that he didn't mean to kill MJ - and the defense can claim he didn't mean to kill MJ...
...but the evidence proves otherwise. The ridiculous amounts of propofol in MJs body can call for a second degree murder charge, and not just gross/serious negligence.
Murray can scream all he wants that he didn't mean to kill MJ - and the defense can claim he didn't mean to kill MJ...
...but the evidence proves otherwise. The ridiculous amounts of propofol in MJs body can call for a second degree murder charge, and not just gross/serious negligence.
That is usually only true about the case, not someone's drug habit. Especially if you have already have a counter for it.
Also, what shadow of a doubt are you talking about? That he gave drugs to an addict and he is a doctor. He also had personal medical files on the guy and he knew him for about 3 years, so he knew what he was getting into. That hardly makes things better. Especially since he gave him drugs that are for hospiltes.
By constantly talking about Michael being on drugs and failed interventions and not making it clear that Michael wasn't apparently on anything other than what Murray gave him when he died. According to the autopsy, his organs were not damaged by years of drug use but the media wants to portray a drug addict and the family goes along with it. They are giving Murray a defense and giving the potential jury reasonable doubt.
The TRINI group was also giving Murray his defense. A past history of drug abuse is not what killed him. Murray's lawyers can make that claim in court but any competent prosecutor can shoot that down.
The problem for me is the thought that the city will prosecute Murray when they've spent decades trying to bring Michael down. How hard are they going to fight for a conviction?
The TRINI group was also giving Murray his defense. A past history of drug abuse is not what killed him. Murray's lawyers can make that claim in court but any competent prosecutor can shoot that down.
The problem for me is the thought that the city will prosecute Murray when they've spent decades trying to bring Michael down. How hard are they going to fight for a conviction?
The shadow of doubt lies in whether Murray was forced to administer the propofol because he feared of getting fired by MJ - therefore strengthening the "drug addict made me do it" defense.
The defense can cast a shadow of doubt (which they will), claiming that MJ forced him to give him propofol, which - if the defense creates a convincing picture that MJ made Murray do it, the jury could find Murray guilty for involuntary manslaughter instead of gross negligence or 2nd degree murder.
And I don't think what Murray did is worth 18 months prison- maybe 7-8 months based on good behavior. I would like to see him do 15 years to life prison. But that's just me.