Blanaid X-Blogger Correspondent
BX: On June 14, Conrad Murray will arrive in court again; this time for his preliminary hearing- on April 5 a judge got assigned to the case. The date for a preliminary hearing was set. That judge is Michael Pastor. During the hearing the Hon. Michael Pastor will decide of there is enough evidence or probable cause to charge Conrad Murray as per the complaint raised by the DA – of Involuntary Manslaughter. The charge will be formalized, once all the evidence has been finalized-. the trial will begin. A jury will be formed who will find Conrad Murray guilty of the charges raised - or not guilty. Now there are many voices – fan's voices - heard which say that Conrad Murray is guilty, not of Involuntary Manslaughter but of Murder II. In any case, with the current charge of Involuntary Manslaughter he should receive at least the maximum sentence Californian law provides - 4 years in prison and no probation. Much has been stated about the reasons why the DA charged Conrad Murray of Involuntary Manslaughter and not Murder II:
"Some jurisdictions still use the term malice aforethought to define intentional murder, but many have changed or elaborated on the term in order to describe more clearly a murderous state of mind. California has retained the malice aforethought definition of murder (Cal. Penal Code § 187 [West 1996]). It also maintains a statute that defines the term malice. Under section 188 of the California Penal Code, malice is divided into two types: express and implied. Express malice exists "when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature." Malice may be implied by a judge or jury "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."
BX: The question is - would there be enough evidence to convince first the judge at the preliminary hearing and then a jury-that there was malice aforethought - in this case, implied malice?
"A person who unintentionally causes the death of another person also may be charged with murder under the depraved-heart theory. Depraved-heart murder refers to a killing that results from gross negligence. For example, suppose that a man is practicing shooting his gun in his backyard, located in a suburban area. If the man accidentally shoots and kills someone, he can be charged with murder under the depraved-heart theory, if gross negligence is proven."
BX: The latter is what Brian Oxman and Joe Jackson and many others are talking about. The case centers around the question if Conrad Murray showed gross negligence which could result in a charge of second degree murder - whereas currently he is charged with Involuntary Manslaughter - "Manslaughter committed during an unlawful act that isn't a felony; or during an otherwise lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. Another way of describing Involuntary Manslaughter is an unintentional killing resulting from reckless behavior or criminal negligence."
There are several initiatives under way now trying to get the District Attorney to change the charge against Conrad Murray to Murder II - letter writing initiatives - and we have seen the fans outside the court house on April 5. However, on June 14, the judge will decide if there is probable cause for Involuntary Manslaughter - and if he admits this charge, the trial procedures will begin. This will eventually lead to a jury being selected.
-BX
X1 Blogger
X1: It will be difficult to find an impartial jury. Will a change of venue be in order? This is a good question to pose here. The majority of the WORLD has the read articles, seen reports on TV and, many have seen supporters and fans the like-waving their signs and banners stating Conrad Murray is a MURDER! It is of the utmost importance that an impartial/non biased jury be formed. The jury must not be tainted-meaning NOT subjected to (or) under the influence of what has been stated and written via a journalistic tabloidish- medaloid approach. The potential jurors most certainly cannot be bedazzled and starstruck by the influence of Michael Jackson's celebrity status.
**Fans have stated they will conceal the fact that they are fans just to be eligible for a seat in the jury; therefore, they may be selected as candidates on the jury! Everyone on that jury will be placed under extreme scrutiny by the defense team! It is highly unlikely that a juror which is a Michael Jackson fan will stay hidden for very long. This might just damage the trial and quite possibly lead to a mistrial!
*Please folks Justice for Michael is very important here! It is of major importance that an unbiased jury is formed - this is Michael's greatest chance to receive justice!
***There is also a gross misconception and a severe lack of comprehension regarding what the carriage of justice represents. Justice is blind! Justice does not look at the defendant. Justice seeks the truth, however imperfectly and unsatisfactorily (LIKE IT OR NOT)-justice is impartial! Fans should support the ideal of a fair trial with an unbiased jury - as this will mean the ultimate truth and justice for Michael.
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A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.
*A judge may declare a mistrial due to:
- The court determining that it lacks jurisdiction over a case,
- Evidence being admitted improperly,
- Misconduct by a party, juror, or an outside actor, if it prevents due process,
- A hung jury which cannot reach a verdict with the required degree of unanimity
- Disqualification of a juror after the jury is impaneled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors.
**An important exception occurs in criminal cases in the United States. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy bars any retrial.
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X1: There has also been plenty of speculation surrounding the former wives of Michael Jackson. Several media reports have alluded to stating the former wives of Michael Jackson will be testifying at this trial.
*Please reference the url below:
Source:
http://www.bvblackspin.com/2010/04/13/michael-jacksons-ex-wives-and-nanny-to-testify
*Please reference the url below:
Source:
http://www.bvblackspin.com/2010/04/13/michael-jacksons-ex-wives-and-nanny-to-testify
X1: What will Debbie Rowe's testimony during this trial? Will Debbie be speaking as his wife and NOT Michael's nurse? As of current, HIPPA law stipulates the following regarding medical records and the deceased:
HIPAA speaks of two instances that allow access to a deceased's medical files. One, the personal representative designated by a will or appointed by a court to settle the deceased's affairs may gain access to medical files. Second, a relative may receive medical information about the deceased if the information has a bearing on the relative's health.
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X1: What would occur if the defense contacted several of Michael's former physicians and medical providers. If testimony was requested from them would Doctor Patient Privilege be applicable?
The doctor-patient privilege does not automatically go away when a patient dies. As with most questions involving wrongful death, however, the laws on this issue vary from state to state. In the absence of the patient, the person who represents the deceased typically has the power to waive the physician-patient privilege; this may be the spouse, parent or child of the deceased. In some cases, the privilege may be waived because the plaintiff's lawsuit centers on the medical condition of the deceased, when the medical information is key to how the case will be decided.
Naturally, if your lawsuit includes allegations against a doctor or hospital, the defendant may be reluctant to release the necessary medical records. The laws of your state will have rules to deal with this situation, and having a lawyer in your corner can make the process move more smoothly.
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X1: Also, would this below be considered as the testimony of one Lisa Marie Presley for The People of The State of California vs. Dr. Conrad Murray???
X1: Also, would this below be considered as the testimony of one Lisa Marie Presley for The People of The State of California vs. Dr. Conrad Murray???
-X1
*He Knew by Blog Entry by Lisa Marie Presley:
"He Knew."
Years ago Michael and I were having a deep conversation about life in general. I can't recall the exact subject matter but he may have been questioning me about the circumstances of my Fathers Death. At some point he paused, he stared at me very intensely and he stated with an almost calm certainty, "I am afraid that I am going to end up like him, the way he did."
I promptly tried to deter him from the idea, at which point he just shrugged his shoulders and nodded almost matter of fact as if to let me know, he knew what he knew and that was kind of that. 14 years later...I am sitting here watching on the news an ambulance leaves the driveway of his home, the big gates, the crowds outside the gates, the coverage, the crowds outside the hospital, the Cause of death and what may have led up to it and the memory of this conversation hit me, as did the unstoppable tears. A predicted ending by him, by loved ones and by me, but what I didn't predict was how much it was going to hurt when it finally happened.
The person I failed to help is being transferred right now to the LA County Coroners office for his Autopsy. All of my indifference and detachment that I worked so hard to achieve over the years has just gone into the bowels of hell and right now I am gutted. I am going to say now what I have never said before because I want the truth out there for once. Our relationship was not 'a sham' as is being reported in the press. It was an unusual relationship yes, where two unusual people who did not live or know a 'Normal life' found a connection, perhaps with some suspect timing on his part. Nonetheless, I do believe he loved me as much as he could love anyone and I loved him very much.
I wanted to 'save him' I wanted to save him from the inevitable which is what has just happened. His family and his loved ones also wanted to save him from this as well but didn't know how and this was 14 years ago. We all worried that this would be the outcome then.
At that time, In trying to save him, I almost lost myself. He was an incredibly dynamic force and power that was not to be underestimated.
When he used it for something good, It was the best and when he used it for something bad, It was really, really bad.
Mediocrity was not a concept that would even for a second enter Michael Jackson's being or actions. I became very ill and emotionally/ spiritually exhausted in my quest to save him from certain self-destructive behavior and from the awful vampires and leeches he would always manage to magnetize around him. I was in over my head while trying. I had my children to care for, I had to make a decision. The hardest decision I have ever had to make, which was to walk away and let his fate have him, even though I desperately loved him and tried to stop or reverse it somehow.
After the Divorce, I spent a few years obsessing about him and what I could have done different, in regret. Then I spent some angry years at the whole situation. At some point, I truly became Indifferent, until now. As I sit here overwhelmed with sadness, reflection and confusion at what was my biggest failure to date, watching on the news almost play by play The exact Scenario I saw happen on August 16th, 1977 happening again right now with Michael (A sight I never wanted to see again) just as he predicted, I am truly, truly gutted. Any ill experience or words I have felt towards him in the past has just died inside of me along with him.
He was an amazing person and I am lucky to have gotten as close to him as I did and to have had the many experiences and years that we had together. I desperately hope that he can be relieved from his pain, pressure and turmoil now. He deserves to be free from all of that and I hope he is in a better place or will be. I also hope that anyone else who feels they have failed to help him can be set free because he hopefully finally is. The World is in shock but somehow he knew exactly how his fate would be played out some day more than anyone else knew, and he was right."
*Presley and Jackson were married from 1994 to 1996.
Source:http://www.sheknows.com/articles/809640/lisa-marie-presley-statement-on-michael-jackson-death
