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Updated: Friday, 04 Nov 2011, 4:22 PM PDT
Published : Friday, 04 Nov 2011, 7:18 AM PDT
Los Angeles - Jurors began deliberations today in the trial of Michael Jackson's personal physician, who faces up to four years in prison if convicted of involuntary manslaughter for the pop star's death from an overdose of the powerful anesthetic propofol at his rented Holmby Hills estate on June 25, 2009.
An attorney for Dr. Conrad Murray, 58, told the seven-man, five-woman jury Thursday that prosecutors "have absolutely failed to prove" that the cardiologist committed a crime. He acknowledged that Murray may not have done everything right on the day the 50-year-old Jackson died but said he was not guilty of involuntary manslaughter.
"I told you (in opening statements) that we would not be disputing negligence," defense attorney Edward Chernoff told jurors during his closing argument. "We would not be telling you that Dr. Murray never made any mistakes. ... But this case that you're deciding, it isn't a medical board hearing. This isn't a civil lawsuit. This isn't about money. It's about liberty.
"... For a crime to be proven, you also have to show ... that Dr. Murray actually killed Michael Jackson," he said.
Deputy District Attorney David Walgren said Murray acted with criminal negligence by repeatedly giving Jackson propofol in his bedroom, violating a "hallowed" doctor-patient relationship for the sake of money.
The evidence "is abundantly clear that Conrad Murray acted with criminal negligence, that Conrad Murray caused the death of Michael Jackson, that Conrad Murray left Prince, Paris and Blanket without a father," Walgren said, referring to the singer's three children. "They do not have a father because of the actions of Conrad Murray."
Prosecutors allege Murray gave the singer a fatal intravenous dose of propofol, then spent about 45 minutes on the phone or sending emails instead of monitoring him. Jackson, who was in Los Angeles rehearsing for a series of 50 concerts in London dubbed "This Is It," died from acute propofol intoxication.
Defense attorneys insist that Jackson "self-administered" a fatal dose of propofol after Murray left the bedroom at Jackson's rented Holmby Hills estate.
Murray told police he only left Jackson's side for about two minutes to use the bathroom after giving the singer a 25-milligram dose of propofol that was slowly infused over three to five minutes beginning at about 10:40 a.m.
In his closing argument, Walgren blasted Murray's failure to immediately call 911 when he discovered Jackson not breathing. He showed jurors a videotaped clip of the defense's anesthesiology expert, Dr. Paul White, testifying that he wouldn't administer propofol in a home and that he thought Murray should have called 911 sooner.
Murray demonstrated "consciousness of guilt" by failing to tell paramedics and emergency room doctors that he had given the singer propofol and only told police about the drug two days later because he thought investigators had already found the medication at the singer's home, Walgren said.
Walgren noted that two defense witnesses, Dr. Allan Metzger and nurse practitioner Cherilyn Lee, both testified that they refused Jackson's request for propofol or other intravenous sleep aids, saying it was too dangerous to be administered in a bedroom setting.
They refused "because they believe and acted in accordance with their belief that a doctor has an obligation ... to first do no harm to their patient," the prosecutor said. "... Each and every day, Conrad Murray violated that sacred trust..."
What Murray and Jackson had was "an employer-employee relationship," Walgren said.
"Conrad Murray sought payment for services rendered -- services rendered being the provision of propofol to Michael Jackson in his bedroom on a nightly basis for almost two months," he said, adding that Murray had signed a contract to be paid $150,000 a month for his care of the singer.
The prosecution's star witness, Dr. Steven Shafer, testified that he believed Jackson died while being given a "drip" of propofol that ran until all 1,000 milligrams in the bottle had been infused into the singer. Chernoff, however, said the prosecution had no proof that Murray had set up a propofol drip the day the singer died.
Chernoff argued that the most reasonable explanation for Jackson's death was that the singer self-administered the fatal dose of propofol. He added that the evidence supports Murray's statement to police -- that he gave Jackson a 25 mg dose of propofol.
"What they're really asking you to do is convict Dr. Murray for the actions of Michael Jackson," Chernoff said.