Closing arguments - Day 23 -
Before starting, Los Angeles Superior Court Judge Michael Pastor read the jury instruction. Click here to read
Closing arguments by prosecution
Conrad Murray violated the sacred trust between doctor and patient "each and every day.
For Prince, Paris and Blanket this trial will not end today because they lost their father.
On June 24, 2009 MJ performed at the Staples Center and gave a great performance ... 12 hours later he was laying dead in his bed in his home.
MJ was a creative genius striving for perfection. He was making long term plans for both himself and his children. He was excited about the tour because he knew it would give him a chance to settle down ... and his children could finally have a normal life.
Michael Jackson wanted to open a children's hospital ... he wanted to give this to the world. He had plans and hopes and dreams.
He was excited his kids would get to see their dad perform in London. But none of this came to be because on June 25, 2009 MJ was pronounced dead at age 50.
The law recognizes the special relationship between doctor and patient. Doctors have a duty to their patients and the failure to act on that duty caused the death of Michael Jackson.
Conrad Murray is criminally negligent if he could have foreseen what happened.
By his own admission, Conrad Murray knew MJ liked to push his own Propofol. He should have never left him alone in a room full of drugs.
Dr. Murray made misleading statements when he failed to tell doctors he administered Propofol. It proves he knew it was wrong. That is consciousness of guilt.
Walgren told jurors that Murray ordered more than four gallons of Propofol and had it shipped to his girlfriend's apartment in LA.
Murray couldn't bother to keep records ... but had no problem recording a drugged up MJ and then for some reason keeping it.
At a meeting in June Murray assures everyone MJ is doing just fine.
But on June 19, 2009, director Kenny Ortega is so concerned about MJ's health fires an urgent email to AEG Live CEO Randy Phillips saying MJ is in a bad state.
During an emergency meeting on June 20, 2009 -- 5 days before MJ's death -- Murray insists MJ is doing fine ... lashing out at Ortega for sending MJ home from rehearsal. Murray sternly told Ortega to mind his own business. Unfortunately, that's what happened.
On June 21 , 2009, Jackson was complaining he was half hot and half cold. His bodyguard called a nurse who told them MJ needed to go to the hospital.
On June 23 Michael performed at the Staples Center. By all accounts it was a great performance. There was light at the end of the tunnel.
Michael Jackson's last rehearsal on June 24 was, again, a success. Everyone was excited that the tour was going to finally happen. MJ was particularly excited about the "illusion" that was to be performed the next day."
On June 27 an arrangement was made to meet with Conrad Murray at Marina del Rey. Conrad Murray was there with his lawyers. At this point, investigators knew very little. The cause of the death had not yet been determined. Detectives were working in the dark. They sat down to listen to Conrad Murray to listen to what he had to say.
He told detectives he was giving MJ Propofol. When detectives ask how frequently did this happen? Murray tells them every day.
Murray admitted he gave MJ 50 mg Propofol injections followed by a drip almost every night for two months.
During his interview, Murray told cops he was worried about giving MJ Propofol at 10:00 am because MJ had to be up at noon -- 2 hours later. It suggests Murray intended to give MJ a drip, because a 25 mg injection would only put someone to sleep for 5 minutes.
Murray never called 911 because, as he claimed, speaking to an operator would be negligent ... so what does he do instead? He calls Michael Amir Williams and leaves him a message. Setting aside all the other bizarre behavior, all he needed to say was, "Call 911..." but he didn't.
Murray delayed calling 911 because he was looking out for himself ... he needed to hide the evidence.
Murray spend countless minutes on the phone with several people. He was able to spend all that time on the phone because MJ was asleep ... thanks to a Propofol drip.
Sade Anding heard voices in the background at the exact time Murray drops the phone. Was Conrad Murray in another room? Was MJ calling for help? Did he gasp? Did he choke? We don't know ... we'll never know.
When help does arrive, in the form of bodyguard Alberto Alvarez, Murry grabs vials of medicine and and instructs him to put them in a bag. Only then does Murray asks him to call 911.
It took 20 minutes to call 911... Paramedics responded in 6 minutes. They were a mile and a half away.
As paramedics transport MJ to the ambulance, Murray is picking stuff off the floor and putting it in a trash bag. Why?
* In the hospital doctors ask Murray what drugs administered ... again Murray never mentioned Propofol.
* After MJ was pronounced dead, Murray is concerned about retrieving a "cream" which he claimed MJ didn't want people to know about. Murray was not concerned about a cream... he was worried about himself.
* Murray met with detectives 2 days after MJ died because he assumed police had found his bags. He knew the toxicology report was was about to be completed. He came forward for the self preservation of Conrad Murray. He came forward to get ahead of the story. Unfortunately his story doesn't match up with the evidence.
* Every single doctor has told you they would never have done what Murray did.
* Propofol should be used in a highly monitored setting. No one had ever heard of anyone using Propofol in a bedroom... EVER ... until Murray. it's an egregious violation of medical care. It's gross criminal negligence.
* Murray's preoccupation with emails, texts and calls constitute an abandonment.
* Murray chose not to keep any medical records because he didn't want his bizarre treatment to be documented.
* He deceived doctors at UCLA Medical Center, an extreme deviation of standard of care.
* Dr. Steven Shafer said the most likely scenario is that Murray gave Jackson a drip. It's based on the evidence... a cut saline bag with Conrad Murray's finger prints on it found at the scene.
* Murray admitted he did that every night, a 50 mg injection followed by a drip.
* MJ wasn't complaining he couldn't fall asleep .. he WAS asleep... because Conrad Murray put him on a drip.
* Murray's former patients say he was a good doctor ... but they were all treated in a hospital for things Murray was trained to do.
* Even the defense's own witness, Dr. Allan Metzger admitted there no amount of money would get him to agree to give Propofol in a bedroom.
* MJ was not reckless. He had a life ahead of him. He had 3 children he loved dearly. He had the means to get Propofol himself but he didn't do that. He wanted a doctor monitoring him at all time.
* Murray should have kept the drugs under lock and key.
* What defense expert Dr. Paul White presented was junk science... It was garbage. It was sad for science and for truth seeking. Perhaps he did it for the money.
He never studied anything. He had defense attorney Michael Flanagan call a researcher in Indiana to conduct a study for him.
MJ trusted Conrad Murray. He trusted him with his life. He paid with his life. Conrad Murray lied, deceived, obscured. More importantly, he acted with negligence, he looked out for himself. That's not what a doctor does. Conrad Murray's action caused MJ's death. But the people do not need to prove that because even if defense's facts are true ... Murray should still be held responsible.
Walgren asked the jury to find Murray guilty of manslaughter because he abandoned his patient. "Justice demands a guilty verdict," he concluded.
Closing arguments by defense
In his closing arguments, defense Attorney Ed Chernoff told jurors the prosecution failed to prove a crime was committed.
"They want you to convict Dr. Murray for the actions of Michael Jackson," Chernoff told the court.
Chernoff said, "Dr. Murray did not kill Michael Jackson" ... claiming it was Michael Jackson who killed Michael Jackson by self administering himself with prescription medication.
Chernoff claims the prosecution failed to prove that Murray hooked MJ up to a Propofol drip before the singer died ... and without a drip, there is no way the prosecution can prove Murray ever put MJ's life in danger.
"They can't prove a crime ... and they really need to prove a crime" ... Chernoff said.
Chernoff claims the most logical explanation is ... "Michael Jackson went into his personal bathroom and swallowed Lorazepam and Dr. Murray didn't know."
Part 328 - End of closing arguments by defense and start of closing arguments rebuttal by prosecution
Chernoff also said Murray's "greatest personality defect is his greatest character strength," adding, "Dr. Murray "had no control over the situation because of what was happening in the background. He was just a little fish in a big, dirty pond."
He suggested the only reason the case even went to trial was because MJ was a celebrity. "If it were anybody else but Michael Jackson, would this doctor be here today?" Chernoff asked.
Other highlights:
* Murray made mistakes. But this is not a civil case. For a crime to be committed, the prosecution has to show Murray killed MJ.
* Chernoff tried to discredit Alberto Alvarez testimony. He said it didn't make sense that Murray would ask him hide evidence because they barely knew each other.
* Alvarez testified he grabbed the IV bag with both his hands ... but none of his fingerprints were found on the bag.
* Alvarez also said he noticed a milky substance in the IV bag, but no traces of Propofol were found inside the bag.
* There are no photos showing a vial inside an IV bag. The coroner investigator testified she took the vial out of the bag BEFORE taking a picture.
* LAPD detective Scott Smith also testified he never saw a vial in a bag.
* Murray didn't need to create an elaborate IV set up -- placing a vial inside an empty bag -- when he could have used the hanging tab on the Propofol bottle.
* The tubing found in MJ's bedroom did not have any Propofol in it.
* Good scientists don't take positions. Dr. Shafer had an agenda.
* Chernoff told jurors, "Dr. White knows more about Propofol than Dr. Shafer will ever know." He said White had no reason to lie.
* Murray didn't call 911 because he was busy trying to save MJ's life. He immediately started CPR ... when that didn't work he called for help. "It's easy in hindsight to say he's a lousy doctor," Chernoff said. "It's easy to make those statements when you've never had a patient and a friend like Michael Jackson. You can judge Dr. Murray for what he did but don't question his motives."
* Chernoff told the jury, "There is a tremendous desire to paint Murray as a villain. There is no perfect villain or perfect victim." He said the prosecution tried to make Murray look guilty when they showed surveillance footage of him leaving the ER ... a witness for the defense testified Murray was on his way to another part of the hospital to help the family draft a press release.
* Chernoff asked jurors not to hold Murray responsible just because it's Michael Jackson, saying, "it's not a reality show."
Closing arguments rebuttal by prosecution
Prosecutor David Walgren began his closing statement rebuttal ... telling the jury, "Poor Conrad Murray ... everyone is just working against him."
Walgren says Murray's treatment of Michael Jackson was littered with, "bizarre, unethical, unconscionable behavior" ... adding, "That is why we are here."
Walgren says the defense team is blaming EVERYONE but the doc -- mocking the defense for suggesting a "conspiracy" against the doctor.
"Everyone's to blame but Conrad Murray ... poor Conrad Murray."
MJFS - tmz