MJ'S NUTRITIONIST TELLS OF HIS DESIRE TO USE IV SEDATIVE IS NOT HEARSAY AND MAY BE USED AT TRIAL

(AEG/AP) Jackson's nurse - Cherilyn LeeCherilyn Lee, Michael Jackson's nutritionist, said Michael begged her to administer the IV sedative called Diprivan to help him sleep. She refused; however, he alllegedly called her just 4 days before his death complaining that half of his body felt really cold and the other half felt really hot. At that point, she believed someone else administed the drug to Michael. "I said, `Tell him he needs to go the hospital. I don't know what's going on, but he needs to go to the hospital ... right away. At that point, I knew that somebody had given him something that hit the central nervous system," she said, adding, "He was in trouble Sunday and he was crying out." Article here.

But the Jackson's attorney seems to think this information is hearsay. I disagree.

Londell McMillan, attorney for Katherine and Joe Jackson, talked about Lee's disclosures Tuesday on CNN.

"It's a hearsay comment. It would be inadmissible anywhere in a court of law," he said. "I also wonder why anyone would make a comment about something that they don't have much knowledge about. They didn't see the drug administered. It's again because of the Michael Jackson factor."

1) Michael Jackson's "present sense impression" made while he was perceiving the condition could be admissible: his statement about how his body felt, may be a "present sense impression" and thus, used in court against any doctor who may be tried in his death.

2) Michael's state of mind - that he was having problems sleeping and wanted the drug for that purpose can fall under a hearsay exception.

3) The nutritionist can testify to Michael's "intent, plan, motive, design, mental feeling, pain, bodily health" under the hearsay exception.  Again, Michael shared with her his intent to use the drug. He shared with her that he had problems sleeping and just wanted to get 8 hours of sleep.  This will fall under the hearsay exception.

3) Hearsay exceptions are admissible in court even if Michael, the "declarant", is unable to testify. 

4) She definitely won't be able to say she "knew" he was given the powerful sedative but she can give her opinion, based on her training and experience, as to what she thought was wrong with Michael at the time of his frantic call.

Much of what the nurse shared yesterday WILL come in at trial, assuming there is a trial, against any person who is accused of administering the sedative, or any other powerful drug, to Michael. 

PROTECTING WHAT MICHAEL JACKSON LEFT BEHIND - JOB #1: APPOINT TEMPORARY ADMINISTRATOR OF ESTATE

Michael Jackson with his mother, Katherine

Immediately after Michael Jackson's death, I wrote about a two issues that I felt were the most important: 1) prescription drug overdose and 2) issues over MJ's estate. 

There is a lot of speculation surrounding what caused MJ's cardiac arrest. Recent reports have said no food was found in his stomach, there were needle marks all over his body and he weighed somewhere around 120 lbs.  Of course, we won't know the real cause until the toxicology report is released...but I maintain my position that Michael died at the hands of his doctors.

Today, Michael's mother was appointed administrator of her son's estate. In my original blog, I suspected there may not even be a will, or there may be several wills. According to TMZ, a will has yet to be produced...I have a feeling there may not be a will!

We also learned today of Michael's numerous bank accounts that authorized 3rd parties access the money in the accounts.  Ms. Jackson fears, and rightfully so, that without court intervention, those people may loot the accounts.  Unfortunately, it looks like MJ's most basic financial affairs were not in order.  The Jackson attorneys are probably working around the clock to locate all assets, before others attempt to steal whatever they can as quickly as possible.

The same people who contributed to Michael's demise are the same ones who will be attempting to make a mad dash for the cash. All accounts must be properly secured - pronto.  Once liquid money is taken out, there is no getting it back.  I sure hope that all interested parties are made aware of the fact that any misuse of Michael's property will may constitute criminal charges.

TMZ REPORTING POLICE LOOKING FOR MICHAEL'S LIVE-IN DOCTOR!

As of 10 am on 6/26: TMZ is reporting that MJ's doctor is MIA! How could the police ever have let him get away in the first place?! That doctor should have been taken directly from the scene and into police questioning. Are you kidding me?  And now he's missing?  A missing witness from a scene always raises red flags.  Did this doctor kill Michael? If so, we may be looking at murder charges.

Article here

WHAT'S NEXT: MICHAEL JACKSON'S ESTATE, QUESTIONS ABOUT CAUSE OF DEATH

Tamara & Michael Jackson - November 2007

There's no question Michael Jackson, the King of Pop, leaves behind a legacy. He was considered the most famous man in the world.  I had the opportunity to privately meet MJ in November 2007 at Rev. Jackson's 66th birthday party at the Beverly Hilton in LA. Michael was sweet and genuine. He complimented my dress. I did, however, get the sense that he was empty inside and full of pain.  It was at this meeting I believed there was no way he ever touched a child inappropriately or intentionally harmed anyone. Michael was a good man. And his love of Rev. Jackson as a longtime friend and advisor was obvious.

But...

There are 2 burning questions that, right now, are just speculation and will eventually be answered:

1) Is this another Elvis/Anna Nicole Smith-type death? Was he over-medicated with pain pills? 

Michael Jackson was 50 years old and was only a few weeks away from his final concerts in London. In fact, he was last reported at the United Center just yesterday.  Were doctors drugging him up? "Here, Michael, take this pill and you really will feel like you are walking on the moon." In July 2007, Michael testified during a deposition that he had been addicted to prescription pain medicine.  We are not talking about heroin here, ya'll. We are talking about doctors feeding meds. Article here.  Sound familiar? Remember the doctors who kept feeding prescription cocktails to Anna Nicole Smith until her sudden death?

From the deposition: 
Q As of March 31, 2003, were you still impaired because of the taking of prescription medication?
A I could have been.
Q During the period of time you were impaired by the taking of prescription medication, was this an impairment that lasted like all your waking hours, or did it come and go?
A It comes and goes, not all of the waking hours, of course not. Yes.
Q Now, during the period of time you were taking this medication when you weren't impaired, did you ever tell one of your advisors that you were [concerned] about your impairment and they better watch what you were signing during this period of time?
A Not that I recall.

Dangerous World Tour
Michael Jackson previously spent time in rehab for his addiction to painkillers.  In 1983, he cancelled the 2nd leg of his Dangerous World Tour for a brief stint in rehab.  Info here.

Remember, Anna Nicole was found unconscious in her hotel room and EMTs tried to save her. Same with Elvis Presley. His girlfriend found him unconscious on the floor of his bathroom. According to wikipedia, in two lab reports filed two months after Elvis' death, each indicated "a strong belief that the primary cause of death was polypharmacy," with one report "indicating the detection of fourteen drugs in Elvis' system, ten in significant quantity."  

There is a HUGE difference between a street-drug addict and prescription-drug addict.  Why?  The doctors have a ethical duty to monitor their patients. They have an ethical duty to not over-prescribe their patients. Doctors are the direct conduit between the patient and prescription drug addiction. Michael Jackson's personal physician was with him at his home at the time Michael went into cardiac arrest...that is suspect...

2) Get Ready for the Biggest Fight of the Estate in History

Michael Jackson's history of financial woes has a fame of its own. Here are a few issues to think about as Michael's estate prepares for an immeasurable legal battle.  If you think there were people out to get him for his money while he was living, just wait...the people staking their claim in Michael's property are going to jump out of nowhere like starving sharks beneath a man on a fishing boat in the great ocean. I betcha attorneys are electronically filing documents right now!

It has been reported for years that Michael has major debt, in spite of the hundreds of millions of dollars he made in his lifetime.  Creditors will get to attach their rights to the estate before Michael's 3 children will see a penny.  But will his kids ever see any money? The only way they'll get a piece of their father's estate is if he provided for them in his will.  What if there is no will? Then fall of his assets will go thru intestate succession and won't be disturbed by a probate judge. 

Neverland Ranch: In February 2008, Neverland Ranch was facing foreclosure.  But, in November 2008, he transferred the title to Sycamore Valley Ranch Company LLC but he still owned an unknown stake in the property (Sycamore Valley Ranch is a joint venture between Jackson and an affiliate of Colony Capital LLC (an investment company run by billionaire Thomas Barrack, Jr.). Neverland Ranch

We also have Michael's ownership of the Beatles catalog, his ownership of his own music, and all of his possessions. And what about his international assets? Michael surely has money tied up in other countries. Remember when he was in Bahrain for some time?  

Then we have the undisclosed settlement, which has been reported to be approximately $15 million, to the child who accused him of sexual misconduct. And what about the $30 million advance from the concert promoters for his major production in London? Beatles - Jackson owns the Beatles catalog

Don't forget all the lawyers involved in Michael's life.  Expect lawsuits against them for not protecting certain assets or not making certain contracts air-tight.  

The fight over Rick James' estate ain't got nuthin' on the fight over Michael Jackson's estate. Michael is estimated to be worth 1 billion but his debts estimated to be about 1/2 billion...that means the legal battle is going to cost hundreds of millions of dollars. I just hope there is something left for his children...

3) What about the people closest to Michael? 

Following Michael's death, brother Marlon Jackson told the press that Frank Dileo, Michael's manager, "told me that Michael last night was complaining about not feeling well. He called to tell him he wasn't feeling well. Michael's doctor went over to see him, and Frank said, 'Marlon, from last night to this morning, I don't know what happened.' When they got to him this morning, he wasn't breathing." 

The 911 call was not placed until 12:21 pm Pacific.  If Marlon's statement is correct, that Michael wasn't breathing when they got to him in the morning, then what the heck was going on between morning and noon? 

Furthermore, if Michael was complaining that he wasn't feeling well the night before, why didn't anyone take him to the hospital that night? Who was with him? And what were they doing? Feeding him more pills? Reports says Michael's doctor gave him demoral - a highly addictive pain medication, before Michael collapsed.  

www.tamaraholder.com and www.xpunged.com

MICHAEL JACKSON DIED - I AM SO SAD

Tamara & Michael Jackson, October 2007

The majority of my blogs consist of my thoughts on serious issues, usually regarding criminal cases and scandalous politics.  But MJ is worthy of a blog.  It's been reported, article here, that he was rushed to an LA hospital after suffering a heart attack. It's now reported that he died. 

Michael has had quite a tumultuous life.  He is the "King of Pop" but at the same time he was accused of sexually abusing a young boy.  Love him or hate him, Michael is a legend. 

I had the pleasure of sitting next to him at an event in LA a couple of years ago.  He was so nice; he complimented my dress, and spoke softly to me about his kids. I cannot believe this. I'm so sad. 

MANY WANTED C-BREEZY TO GO TO STATE-PREEZY - INSTEAD, SENTENCE PROPERLY FOCUSES ON REHABILITATION

Rihanna & Chris Brown in happier dayChris Brown is now a convicted felon for life. Today, he pleaded guilty to felony assault, stemming from an alleged altercation with then-girlfriend, Rihanna, on February 8, 2009. Article here.

Brown will serve five years probation and 180 days in jail or the equivalent -- about 1,400 hours -- in "labor-oriented service," said Sandi Gibbons, spokeswoman for the Los Angeles County District Attorney's office. He must also undergo a year-long domestic-violence counseling class, she said. He must check in with his probation officer every three months.

OVERCROWDING IN CALIFORNIA PRISONS

California is home to the largest prison population in the country, housing approximately 150,000 inmates. In fact, just several months ago, in February, a 3-judge panel ordered California to cut its prison population by 55,000 inmates in the next 3 years. NY Times article here.

Over-crowding is so severe that the state has failed to provide medical and mental health care to its inmates, killing at least one inmate every month. The panel found that this type of treatment is considered cruel and unusual punishment, which is prohibited by the Constitution.

California is not alone. Our country is the most incarcerating country in the world: 1 in 100 people in the U.S. are in prison. This number is astonishing and shameful. We cannot continue to put every person who commits a crime behind bars.

FOCUS MUST BE ON REHABILITATION - NOT INCARCERATION

What's the point of throwing Chris Brown into the prison system? I am not suggesting that he is better than any other inmate; however, the prison system is lacking rehabilitation services. Even if Chris Brown were sentenced to the maximum 4 years in prison, he would eventually get out prison. Then what? Do you really think that slapping the orange jumper on him for awhile will get him to change his violent behavior upon release? Of course not!

Instead of prison, the judge sentenced the young, 20-year old Chris Brown to a hefty amount of probation. Probation ain't no joke. He will have to check in with an officer every 3 months; he'll probably have to submit to random urine drops; and if he gets in any trouble whatsoever, his probation could be revoked at any time. Chris Brown will be under the microscope for 5 years.

Besides the monitoring, Brown is required to attend a year of domestic violence therapy. Good! This is not a service he would have received in jail. He clearly has violent tendencies. I would much rather he receive adequate counseling for 1 year while on probation than no counseling while in prison. Rehabilitation is the goal. I'm sure no other woman wants to get her face bashed in by an angry C-Breezy.

If some guy beat me up, I would want him to go to prison...or, I would want my dad to have a "talk" with him for a little bit. (Just kidding.) But, if you think about it, prison in America today is not the best form of punishment. That person will eventually be placed back into society, whether it's in one year or in 30 years. You don't want that person to come out of custody even more angry or simply unable to deal with the behavior that put him behind bars in the first place.

In my opinion, this is the best situation for Chris Brown. Five years probation is a very long time to be monitored by the court. A year of therapy is quite substantial. He's a convicted felon for life. Chris Brown has a long road to rehabilitation and, hopefully, today was his first step down that road.

P.S: Michael Lindsey, a domestic violence expert, saved my life. His daughter was killed by her boyfriend after he was released from prison. Michael was left to raise his grandson. Maybe if he received rehabilitation in prison, the outcome would have been different.

The day I went to Michael for help, at the age of 14, was the day I turned my life around. No, I wasn't a victim of domestic violence, nor was I a violent person. Instead, he came into my life at a time when I needed help, guidance and support. Thank you, Michael, for truly saving my life.

www.tamaraholder.com and www.xpunged.com

I RESPECTFULLY DISAGREE WITH JUDGE'S REASONING - AUTOPSY REPORT OF CAYLEE ANTHONY COULD HAVE BEEN SEALED!

Caylee AnthonyThe autopsy report of Caylee Anthony was released to the public on Friday, against George & Cindy Anthony's wishes. They had asked their daughter's judge, The Honorable Stan Strickland, to seal the autopsy report from public record because it would cause them great anguish. Article here.

I suspect there may be some tension between Casey's attorneys and Casey's parents. I've never heard of the parents coming in, upon motion, and asking the judge to do something. Why didn't the attorneys make the argument on behalf of the parents? Granted, I understand that the emotion can be best understood by the parents speaking directly to the Court, but still...George's testimony seemed so bizarre.

THE ISSUE ISN'T GEORGE & CINDY'S FEELINGS, BUT PROTECTING THE FAIRNESS OF TRIAL

In my opinion, the judge should have sealed the report, not because the parents can't emotionally deal with the results, but because this case has already caused such a media circus. And, Casey Anthony is pretty much despised by the majority. More evidence provided to the public/media PRIOR to trial risks tainting the jury pool and affecting the fairness of the judicial system.

THE JUDGE COULD HAVE SEALED THE RECORDS - HIS HANDS WEREN'T TIED BY THE LAW

The judge apparently struggled with the decision. He said, "Their pain means a great deal to me. I don't like the ruling I'm making, but it's one that I legally have to make." I do not agree with the judge's statement.  The judge has discretion and if he wanted the public report sealed, he could have issued such an order. Although I respectfully disagree with the Judge Strickland, since he is given discretion, I respect his opinion.  He's definitely trying to do the right thing, by virtue of the law, with every pre-trial decision.

The autopsy report is going to come out at trial anyway. As a defense attorney, it seems fundamentally unfair to allow the public access to crucial evidence in a death penalty murder case prior to trial - the additional information allows Casey to be tried in the court of public opinion, piece by piece. The risk to Casey outweighs the public's right to know...even if she is a cold-blooded murderer.

The good thing is, however, the public report does not include photos or xrays. Those will have to wait until trial...

www.tamaraholder.com and www.xpunged.com