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Pre-Trial, Discovery Delays, Oh My! An Insight Into The Criminal Proceedings Against Conrad Murray Regarding The Death Of Michael Jackson

Blogger Correspondent: Samantha Jelly

In writing this blog, I had researched how crimes were tried in the days of old. The top result was this:

People v. Jackson - Wikipedia, the free encyclopedia

*Followed Instantly by This:
Hanged, drawn and quartered - Wikipedia, the free encyclopedia:

Ironic? No-they ALL tried to condemn Michael. It was a modern day lynching. Hanged drawn and quartered could accurately describe what the media and these other vultures did to Michael.
Incidentally, being hanged, drawn and quartered was also the punishment for high treason. Treason is defined as "a crime against the Crown" Are you following me here?

Now, many would love the chance to try Conrad Murray for the crime of high treason, however, the times and the laws have changed. What we have to work with is an Involuntary Manslaughter charge, which, at first glance, caused all of us to feel like we were kicked in the stomach. But I assure, you, this charge was carefully selected. It was the most likely charge to get a conviction, which, in reality is what we really want. I have covered these topics, previously, in part, but this blog is an attempt to organize everything together, in one place, so that it can easily be understood by those that are not in the legal field. Each criminal case that comes before the court follows basic legal protocol. There are slight variances based on severity of the crimes, as well as some variance from state to state. But the basic process stays the same. This protocol is why we can't just "send him to jail for the rest of his life”, as many would like to see. It's a process. So, with that in mind, let us explore what we can expect next.

The next date we are currently looking at is June 14, 2010. This is the date that the Preliminary Hearing is scheduled. A Preliminary Hearing is the defense's last stand before trial. This hearing will determine whether probable cause can be shown that a defendant committed the crime. Prosecutors will present their evidence, including expert testimony and witness testimony which will give the judge the information he needs to decide if the defendant should stand trial. The defense is allowed to cross examine any witnesses and present their own arguments as well. Based on all this a judge can decide whether to dismiss charges, reduce charges or order the defendant to stand trial for the original charges. (Let me stop for a moment to tell you, this case will NOT be dismissed, OR reduced.) Once the judge decides that the defendant will be "bound over" for trial. A trial date is set. Now, at any time, either side can file what is called a "motion". A motion is simply something that the attorney is requesting of the court. There are many things the attorneys on either side can ask of the court. Each motion must go before the judge to be ruled on; this sometimes causes additional court dates, which thus can delay that actual trial date. Once a trial begins, however, motions can be decided during the trial dates.  So why is the defense attempting to delay the Preliminary Hearing? Well, for two reasons, actually. Primarily, it is because they are stating they are not in receipt of the entire discovery" from this case. And second, because the longer the delay, the better chance that potential jurors will have forgotten many of the sordid details of this case.

However, back to this "discovery" What is it, you ask? The most basic definition lists discovery as "the process by which both sides are allowed to learn each other’s strengths and weaknesses in the case" This gives each side the chance to prepare their case. This includes, but is not limited to, names of witnesses, physical evidence, interviews with witnesses, interviews with experts providing testimony and any other pertinent information. In a case such as this, the pages of discovery can number into the thousands. At the time of the writing of this blog, it is the contention of Murray's defense attorney, that the defense has not yet received the ENTIRE discovery and therefore needs to request a continuance until such time as they receive it all. This has angered some, and been looked at as a stalling technique. As I explained above, the delay can serve two purposes. But in this case, from a legal perspective, I would MUCH rather grant him the continuance and delay the hearing, than to proceed now, only to have a mistrial declared down the road because all of the discovery was not properly received.

**I would like to remind you all however, that Justice for Michael does NOT end with the conviction of Conrad Murray. Michael was betrayed by many, many people, and Justice will only be served when they are exposed as well.

**If you plan to attend any court dates, please keep in mind that our actions reflect directly on Michael. It is of the utmost importance that we conduct ourselves with respect to his memory, in a manner which would make him proud ;)

We are Michael's warriors. WE are his voice now. Whatever we do for him, must be done with his spirit. Together we stand strong.

Love Lives Forever

In Michael's Name-Always,