Jury will not be sequestred in Murray's trial

Los Angeles Superior Court Judge Michael Pastor ruled in a hearing Thursday morning that jurors in the upcoming trial of Conrad Murray will not be sequestered.

"I do not find sequestration to be the answer in this case." "If this was a close call, I would order sequestration regardless of cost," he said. "It is not a close call." the judge continued. And although the money is not the main issue, sequester jury is too expensive.

Murray's attorneys had argued that jurors should be kept away from the "court of public opinion."

But Judge Pastor rejected that argument saying he was confident jurors will heed his warnings to avoid what is anticipated to be intense media coverage of the televised proceedings.

"“I expect that the jurors will follow the high road and that means that they will not be in the receipt of or in contact with information regarding this case” outside the courtroom," judge Pastor said.

"“I have tremendous faith in the jury system and in the individual promises of jurors,"” he added.

Also, Judge Michael E. Pastor said he did not want jurors to feel like "inmates," supervised even when they contacted loved ones.

He said studies have shown that sequestered jurors often describe themselves as feeling like inmates.

"Jurors have lives," Pastor said. "We remove them from their lives in these horrific economic times."

Pastor cited a number of studies he had researched on sequestration and said sequestered jurors have reported being so frustrated that the isolation "interfered with their fair assessment of the evidence and the law."

To ensure protection, jurors will each get meals and snacks in the jury room and not in surrounding lunch areas open to the media and public.

Murray'a lawyers pointed out in their court papers Turner Broadcasting (a division of Time Warner), operates HLN, InSession and CNN.

Though there was no suggestion that HLN or CNN staffers tried to interview jurors during that trial, the judge warned media outlets to avoid contacting jurors during this trial.

"That (media) organization proceeds at their own risk if that person or organization interferes with the process of justice," Pastor said.

Chernoff, referring to widespread media coverage of the Casey Anthony trial, called the commentary "a problem."

"Is the problem you're referring to the exercise of the First Amendment?" asked the judge. He added, "I decline, at this point, to amend my ruling. The First Amendment is one of our most cherished principles and the right to comment is part of that."

"I have more faith and respect for jurors than others do," Pastor said.

"Prosecutors haven't filed any court papers in response to Murray's motion, said Sandi Gibbons, spokeswoman for the Los Angeles District Attorney's office. Rather, Deputy District Attorneys David Walgren and Deborah Brazil will present their arguments in open court Thursday," Gibbons said.

Murray is accused of giving Jackson a lethal dose of propofol mixed with other sedatives June 25, 2009 out of a hospital environment and without the use of the proper equipment to monitor breathing, since the propofol acts through the suppression of the breath. 

During the preliminary hearing, emerged that Murray was speaking on the phone out of Michael's bedroom after administering the propofol to him.

After the judge denied the sequestration request, defense attorney Ed Chernoff said the judge should ban cameras in the courtroom during testimony to blunt the effect of legal analysts on cable TV.

The judge refused.

“Yes, in all likelihood there will be talking heads. Frequently talking heads are talking through other body parts,” Pastor said.

Jury selection is scheduled on September 8. Opening statement is expected to start on September 26.