RESPONDING TO GERALD POSNER'S RECENT PIECE ON DR. CONRAD MURRAY & HIS BEST DEFENSE, IF CHARGED

Michael Jackson's cardiologist, Dr. Conrad Murray, is seen in this July 7, 2006 photo. (AP)Gerald Posner is the King of Journalism when it comes to the details of Michael Jackson's death. He recently wrote the article, "Defending Jackson's Doctor," (article here) that discusses leaked allegations that Dr. Murray, Jackson's live-in doctor, administered an amount of propophol/Diprivan to Jackson that caused his death.

Mr. Posner proposes Dr. Murray's best defense, if charged, may be that he did not know Michael was using other prescription medication at the time he was using propophol.

The best hope for the defense team is that the toxicology report is Elvis-like. When the original King of Rock ‘n’ Roll died at the age of 42 in 1977, 10 drugs were found in his body. Four were in “significant” quantities: codeine; Ethinamate, a popular sedative-hypnotic med of the 1970s; Quaaludes; and a barbiturate, or depressant, that has never been identified but is usually reported as Phenobarbital. Presley’s body also contained smaller amounts of the painkillers morphine and Demerol; tranquilizers Placidyl and Valium, and Chlorpheniramine, an antihistamine.

The more drugs in Jackson’s toxicology report, the better for Murray’s defense. His lawyers could then contend that even if the prosecution can establish that Murray gave Jackson Propofol the night he died, the doctor might have adjusted the dosage, or refused to give it at all, if he knew that Jackson was mixing other prescription medications, prescribed by other doctors, and hidden in the house.

True, the amount of propophol administered must be determined by the doctor's knowledge of the patient's use of other drugs.  But, Dr. Murray had no training whatsoever to use the drug.  Propophol is so powerful and so fragile that only anesthesiologists are trained to use the drug.  Dr. Murray was not an anesthesiologist, he was a cardiologist.

Also, the death of Elvis is quite different than the death of Michael: Michael died in the arms of a doctor who was, at that very moment, allegedly giving Michael an IV injection.  Elvis was allegedly over-prescribed medication by doctors who fed his addiction.  But, Dr. Murray was placed inside of Michael's home and was hired to care for Michael.  There is a direct link between Michael and Dr. Murray; there was no specific doctor linked to the death of Elvis.

Dr. Murray will look like a damn fool if he says he did not know Michael was using other prescription medication.  Dr. Murray will be held to an even higher standard than the average doctor because he was living with Michael and administering medication to him on a daily basis.  Even if Dr. Murray didn't know of Michael's drug abuse, he should have known. Dr. Murray's permanent presence inside the Jackson home raises the standard of duty and care to Michael.

If propophol really did kill Michael Jackson, Dr. Murray will be charged with murder...

P.S. Thank you, Gerald, for your great writing!

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MICHAEL JACKSON CASE: MANY DOCTORS LEGALIZED DOPE DEALERS

Ritalin, a controlled substance, often crushed & snorted

Powder cocaine

I'm trying to understand the difference between a coke dealer and a doctor who prescribes controlled substances to a patient who doesn't need the drug.  I don't think there is a difference. Many doctors have become legalized drug pushers.  They over-medicate and over-prescribe controlled substances to patients, especially high profile patients, because they want to be part of the Hollywood inner-circle. A starlet who gets pulled over by the cops and searched will not be charged with possession of a controlled substance if she has a bottle of valium in her Judith Leiber purse; but rest assured, she'll be hauled off to jail if she has even the smallest amount of coke tucked away in her lipstick container.  Does this make any sense whatsoever?

When are the states and Feds going to prosecute a doctor for manslaughter for his over-prescription of a patient who dies as a direct result of prescription drug abuse? We arrest the dealers of pot, coke, crack and heroine.  The writing of a prescription for a patient who does not need the drug or who is taking the drug in excess must be a crime. I have represented countless drug dealers as a criminal defense attorney. I have yet to represent a doctor for the same crime.

Gerald Posner reported that MJ's dermatologist, Dr. Arnold Klein, was kicked out of Penn Med School for selling unauthorized prescription meds to students back in the 70's.  Article here. Oh wait, he was asked to leave the school...they didn't want to kick him out because then he wouldn't have been able to continue a career in medicine.  So, Dr. Klein finished his study of medicine at UCLA. Geez, this guy was a dope dealer from Day 1!

Just because Pablo Escobar had access to cocaine, that did not make his sale of it legal.  Just because doctors have access to write prescription drugs, the script does not make the drug legal.  Without the script, the drug is illegal; hence, the reason it's called a controlled substance, just like cocaine.

The difference between a street-drug dealer and a doctor is that the dealer owes the buyer no duty whatsoever.  The doctor, on the other hand, owes his patient a duty 1) not to medicate if the medication is not needed, and 2) not to over-medicate the addicted patient.

The state and the Feds must use the Michael Jackson case to set a precedent and send a signal to all doctors who abuse their license: if you over-prescribe and the patient dies, you go to jail.

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SHOCKER. MICHAEL JACKSON'S DOCTOR NOT REGISTERED WITH FDA TO ADMINISTER THE GOOD STUFF

I suspected something was up from the moment it was reported that Michael had been taken to the hospital after his live-in doctor called 911. Numerous reports have swirled around, including: Michael was on numerous pain meds, he was given propophol, and he was given a daily IV pain medicine right before he went into cardiac arrest.

Well, today more arrows are pointed at MJ's live-in doctor, Conrad Murray. Foxnews.com reports that Dr. Murray wasn't even registered with the FDA to provide or prescribe narcotics in California. "Federal law requires doctors to register with the Drug Enforcement Agency in the jurisdiction in which they administer, dispense or prescribe controlled substances ranging in potency from extra-strength cough syrup to potent painkillers. Murray is licensed to practice medicine in three states, and he is required to register with the DEA in all three if he wants to be able to provide equal drug treatment to all his patients." Article here.

That means one of two things: 1) Conrad Murray was acting alone and fraudulently obtaining and providing drugs to Michael, or 2) another local doctor was prescribing the meds for Conrad Murray's use on Michael.

My guess is that Dr. Murray was not acting alone.  I hope all of the doctors involved in feeding Michael Jackson meds are caught and criminally charged. This is the perfect case to send a signal to Hollywood doctors: you over medicate, you go to jail.

Someone said to me that the doctors may feel pressure to over-prescribe meds to Hollywood clients.  That's ludicrous.  All professionals, especially doctors and lawyers, have a duty to act with ethics.  That's like a major drug lord asking me to bring him drugs into the prison for a huge amount of money since I'm a defense attorney and I can get into the prison without being searched.  I don't care how much money was on the table, I have ethical and moral standards; I would never engage in such behavior.  Many of these Hollywood doctors are legalized dealers who are protected by the FDA and the pharmacy.  Enough already.

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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. 

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