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Conrad Murray booking photo (11/29/2011)

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Conrad Murray Sentenced to Four Years in Prison (11/29/2011)

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Conrad Murray Sentenced to Four Years Behind Bars

The Michael Jackson Doctor Trial.

Updated: Tuesday, 29 Nov 2011, 10:04 PM PST
Published : Tuesday, 29 Nov 2011, 8:22 AM PST

Los Angeles - Michael Jackson's personal physician was sentenced today to four years behind bars for the singer's June 2009 death from an overdose of a powerful anesthetic, with the judge blasting the doctor for engaging in a "money-for-medicine" experiment that killed the entertainer.

Dr. Conrad Murray -- who was given credit for 23 days already served in jail plus another 23 days -- is expected to be left with "a little less than two years" in county jail, where he will serve the term for his Nov. 7 conviction for involuntary manslaughter, according to Steve Whitmore of the Los Angeles County Sheriff's Department.

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Los Angeles Superior Court Judge Michael E. Pastor lashed out at Murray during the sentencing hearing, saying the 58-year-old cardiologist made an "egregious series of departures from the accepted standard of care" that represented a "disgrace to the medical profession -- an honorable profession which bears the blot, the scourge of what happened here."

"It should be made very clear that experimental medicine is not going to be tolerated," Pastor said. "And Mr. Jackson was an experiment. The fact that he participated in it does not excuse or lessen the blame of Dr. Murray, who simply could have walked away and said no as countless others did. Dr. Murray was intrigued by the prospect and he engaged in this money-for-medicine madness that is simply not going to be tolerated by me."

Jackson died June 25, 2009, at age 50 from an overdose of the anesthetic propofol while he was in Los Angeles and under Murray's care, preparing for 50 sold-out concerts in London. Prosecutors said Murray gave Jackson propofol on a nightly basis as a sleep aid for about two months, and on the night of his death, administered a fatal dose before leaving the singer's bedroom to make phone calls and send emails.

Defense attorney Edward Chernoff had asked that Murray be sentenced to probation. He told the judge that he should consider "a man's book of life, as opposed to one chapter," while noting that Murray had a history of community service, most notably opening a clinic in a financially depressed area of Houston, Texas.

"Michael Jackson was a drug-seeker and he sought it out from Dr. Murray, who was wrong in providing it," Chernoff said. "... He (Jackson) was a powerful, famous, wealthy individual with lawyers, security and staff and advisers. Maybe he was vulnerable, maybe you agree with the prosecution. But what about before those two months? What about Dr. Murray's life before those two months before he was convinced ... to give Michael Jackson propofol. What about that life?"

Chernoff noted that Murray lifted himself from an impoverished childhood and put himself through college and medical school. Murray will likely never practice medicine again, but would be able to do some good for the community if he was not locked in a jail cell, Chernoff said.

He also noted that Murray's reputation was likely already destroyed for life, because "whether he's a barista for the rest of his life, whether he's a greeter at Walmart," he will always be known as the man who killed Michael Jackson.

Brian Panish, an attorney for the Jackson family, read a statement to the court on their behalf.

"There is no way to adequately describe the loss of our beloved father, son, brother and friend," the statement says. "We still look at each other in disbelief. Is it really possible that he is gone? As Michael's parents, we could never have imagined that we would live to witness his passing. It is simply against the natural order of things. As his brothers and sisters, we will never be able to hold, laugh or perform again with our brother Michael. And as his children, we will grow up without a father, our best friend, our playmate and our dad.

"We are not here to seek revenge. There is nothing you can do here today to bring Michael back. But we will keep the love in our hearts that Michael embodied throughout his life. His passion was for unifying the world through the gift of his artistry. We respectfully request that you impose a sentence that reminds physicians that they cannot sell their services to the highest bidder and cast aside their Hippocratic oath to do no harm. As we all know from this tragedy, doing so can have devastating results. The Bible reminds us that men cannot do justice, they can only seek justice. That is all that we ask as a family. And that is all that we can ask for here."

Jackson's mother, Katherine, and some of the singer's siblings were in the packed courtroom.

Deputy District Attorney David Walgren told Pastor that Murray was determined to collect the $150,000-a-month salary he was expecting for his treatment of Jackson, even if it meant providing massive amounts of propofol to the singer over the two months preceding his death.

He asked Pastor to consider "the events preceding the crime, the events of June 25 and the events after the crime," saying "this was not one solitary mistake of judgment or one solitary lack of attention."

"This was a consistent pattern of behavior exhibited by Conrad Murray whereby he hoped for payment of $150,000 a month, and in exchange, he would provide propofol to Michael Jackson on a nearly nightly basis," the prosecutor said.

Pastor said he had accepted Chernoff's invitation to look at the "book" of Murray's life, but found the doctor's actions to be so egregious that they greatly outweighed his past charitable actions and service to the community.

"I don't look to one isolated incident in terms of the misdeeds of Dr. Murray or the deeds of Dr. Murray. But insofar as this case is concerned, Dr. Murray engaged in a recurring, continuous pattern of deceit, of lies -- and regrettably that pattern was to assist Dr. Murray," Pastor said. "It is almost inconceivable that Dr. Murray would have persisted in this pattern over such an extensive period of time. The lies, the deceit began and continued ... to build up an absolutely astounding set of circumstances."

The judge noted that Murray had ordered propofol in "staggering" quantities, attempted to destroy evidence and told "unconscionable lies" to the paramedics and doctors at Ronald Reagan UCLA Medical Center who were trying to revive Jackson.

Pastor said one aspect of the evidence presented during the trial stood out in his mind -- the surreptitiously taped recording of a seemingly heavily drugged Jackson made "by his trusted doctor" on May 10, 2009 -- about 1 1/2 months before the singer's death -- and kept by Murray on his iPhone.

"I have repeatedly asked myself `Why did this happen?"' the judge said, adding that he had concluded that the tape recording "was Dr. Murray's insurance policy."

Pastor also lashed out at Murray for statements he made in an interview that aired after his conviction, but which was taped by a production crew during the trial. In the interview, Murray continued to deny doing anything wrong in his treatment of Jackson, and tried to point blame at the singer for his death.

"Talk about blaming the victim," Pastor said. "Not only isn't there any remorse, there's umbrage and outrage on the part of Dr. Murray against the decedent."

The judge noted that Murray was "statutorily eligible for probation," but said he found a "host of reasons" in declining to grant it, including the doctor allowing his personal life to interfere with his professional responsibilities by making social calls and abandoning his patient" and his belief that the doctor is "a danger to the community."

Pastor ordered Murray to pay $870 in fines and fees, but postponed until Jan. 23 a restitution hearing to determine how much the doctor will have to pay Jackson's estate.

In a filing last week, prosecutors wrote that Jackson's three children are entitled to recover restitution for more than $1.8 million in expenses relating to their father's memorial service and funeral, along with "wages or profits lost to injury incurred by the victim."

Jackson was projected to make $100 million had he survived and performed all 50 concerts, according to a letter provided to prosecutors by attorney Howard Weitzman.

The judge said he wants "much more detailed information" before determining how much restitution he should order, noting that he is not often called on to make restitution orders of more than $101 million based on a three-line written statement.

Chernoff said the figures were "so high."

"He'll never be able to pay $100 million," Murray's lead attorney said of his client, who is not expected to attend the upcoming restitution hearing.

While leaving the courthouse, Jackson's mother, Katherine, told reporters outside the courthouse that she was satisfied with the outcome of the trial and sentencing.

"The judge gave him the maximum," she said. "So I thank the judge and I thank the prosecutors, and I think everything went well."

Jermaine Jackson walked by reporters shouting "100 years is not enough" to punish Murray for his brother's death.

Defense attorney J. Michael Flanagan said outside the courtroom that Murray is "an honorable man and he will get through it."

Asked if he thought Murray was a danger to society -- as the judge described him in court, Flanagan answered, "Some people think he is, apparently."

"He could have bolted out of those courtroom doors and run down, punched that elevator and within five minutes got to the bottom floor and he could have gone out and injected a bunch of people with propofol," Flanagan told reporters. "Do you really think he was a danger? He's led 56 years of exemplary life."

District Attorney Steve Cooley said prosecutors were waiting to see how long Murray would actually serve in custody because of state legislation that allows inmates in non-violent, non-serious, non-sex offense cases to serve their sentences in jail instead of state prison.

Cooley said he believes his office has "jurisdiction to appeal" the issue of whether or not involuntary manslaughter "amounts to a serious felony" and whether Murray could be forced to serve the term in state prison rather than county jail.

Walgren -- who often walked down the hallway to court with colleague Deborah Brazil amid applause and thumbs-up from Jackson's fans -- said he was pleased that the judge imposed the maximum term the prosecution had requested, noting that they believed Murray's actions were "not just a simple one-time mistake."

Cooley told reporters that his office will provide documentation of Murray's conviction if he seeks to practice medicine in other states after he is released.

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Story link: myFOXla.com

 

 

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