The Felony Conviction of Conrad Murray

On November 7, 2011, Conrad Murray was convicted of Involuntary Manslaughter for the death of Michael Jackson. Since that day, there have been nationwide debates about his conviction and in both the criminal and civil trials, even Michael Jackson, himself, was often accused of being responsible for his own death.

Personally, I have no issue accepting such an ugly fact. If I'm honest with myself, it would be pretty naive to believe that Michael wasn't playing Russian Roulette with his life not only for six weeks in June 2009...but on previous occasions when he dangerously sought Propofol as a sleep aid as was discovered during the civil trial between Katherine Jackson and AEG Live.

I'm certain that I will be criticized by fellow MJ fans who, despite evidence, still want to believe that everything was an entire plot between AEG, Sony, The Michael Jackson Estate, and their fall guy, Murray to bring down Michael Jackson. As well as some fellow MJ fans who simply refuse to accept that Michael was human and imperfectly flawed. He made mistakes just like all of us have in our own lives. Some would have you believe that AEG, Sony, and even John Branca all conspired to hire Conrad Murray to administer Propofol to Michael. There's just one problem....when objectively looking at each party as a factor and the Propofol is the common denominator for only one...Michael.

Nobody, but Michael had a prior history with Propofol....not even the incompetent, unethical Dr. Murray.

I won't dispute that Michael was accountable for his death in the sense that he was warned many times about the dangers of using Propofol for sleep. Friends in the medical field and prior doctors had warned Michael against the use of Propofol as a sleep aid. This is an indisputable fact. HOWEVER, thanks to the criminal trial, we are privy to certain facts that clearly demonstrate Michael's trust in the wrong physician and his belief that his physician would be adhering to some of the very standards of care for Propofol that Murray violated.

Case in point, Nurse Practitioner Cherilynn Lee's testimony, made it evident Michael was under the impression that he was under the care of a doctor who would, AT THE VERY LEAST, monitor him.

Beginning at 041:40 its made clear that Michael thought all would be safe as long as his doctor, MURRAY, monitored him, which Murray failed to do.

The purpose of this post is not to break down Michael's accountability, so rest easy MJ soldiers, I am not your enemy, I'm an advocate...a fellow MJ fan, please remember that.

When one reviews both the criminal and civil trials, you end up with a general public(NOT MJ FANS) who are grossly misinformed as to WHY Conrad Murray was convicted, given Michael 'asked for' the Propofol that killed him. 

Pay close attention, fellow MJ fans and advocates, because I am going to provide you with the information to dispute such absurd assumptions and uninformed assertions.

First, Conrad Murray was NOT convicted for administering Propofol out of a medical setting. Doing such is a violation of the standard of care for Propofol, but unfortunately, it is not actually illegal. Hopefully that will change in the future and Michael's death will not have been in vain if it changes the way doctor's are held accountable for the legal murders they commit on a repeated basis.

Instead, I implore you to point out to the unknowing public that it is the seventeen egregious violations of the standard of care for Propofol Murray committed that illustrated Murray's criminal negligence because his actions showed he had a disregard and indifference for human life.

Equally, Murray had a duty to Michael. Murray's failure to carry out this duty substantiates his criminal negligence further.

To clarify, "criminal negligence refers to a mental state of disregarding known or obvious risks to human life and safety."

As a medical professional there are things Murray should already know and he should carry out his basic duties as such in an ethical manner that upholds his HIPPOCRATIC OATH as a doctor.

Sadly, there are a total of SEVENTEEN egregious violations that Conrad Murray committed not only on the fatal morning of June 25, 2009, but during the entire six week period for which he continuously administered Propofol to Michael for his insomnia.

Dr. Steven Shafer, an expert witness for the prosecution, testified that any ONE of the 17 egregious violations, individually, were likely and should've been expected to result in the serious injury or death of Michael Jackson. 

The average Joe could've argued in defense of themselves that they couldn't have known that commiting the violations would result in death or serious harm, but we must remind people, Conrad Murray was NOT an average Joe. He was a trained medical professional who had an oath to do his patient no harm. There is no way to argue around it. Murray should have known that each individual violation could've caused his patient harm by either injury or death.

Let's review the 17 Egregious Violations Expert Witness Dr. Shafer testified to:

1. Lack of basic, emergency airway equipment.

• This equipment is required because with Propofol it is very common for a patient's airways to become obstructed by their tongue and sometimes even enlarged tonsils. 
• Doctors need this equipment to open the airways of the patient, to restore their ability to breath.
• We now know due to the civil trial, according to one of Michael's previous doctors that his large tongue often obstructed his airways during surgeries and they'd have to resolve this by either tipping his chin, or intubitating him.

2. Lack of MORE ADVANCED, emergency airway equipment.

3. Lack of suction apparatus.

• During surgeries, it is very common for bodily fluids such as saliva and even mucus from the nasal concha to cause issues that could lead to a patients ability to breathe being impaired. Suction is used to keep the airways of the obstructing issues.

4. Lack of infusion pump.

• When infusing an anesthetic like Propofol, infusion pumps are used to calculate and control the amounts steaming into the body. Without infusion pumps, human error can lead to complications of too much being given at once or a patient receiving a much too concentrated dose.

5. Lack of pulse oximetry.

• Placed on the fingertip to measure the amount of oxygen in blood.
• It assists in determining weather or not the heart, lungs, and blood are functioning together properly to get oxygen to the various places its needed in the body.

6. Lack of/failure to use blood pressure cuff.

7. Lack of electrocardiogram.

• Also known as an EKG.
• Monitors how fast heart is beating, shows irregularities, 
• Measures strength of electrical signals as they pass through the heart.

8. Lack of capnography.

• Monitors the concentration/pressure of CO2 in the body.
• Essential to determining cardiorespiratory function.

9. Failure to maintain patient-doctor relationship.

• Murray had a duty to be a doctor, first a foremost.
• HIPPOCRATIC OATH must be upheld.
• Ethics implemented.

10. Failure to continuously monitor the mental status of the patient.

11. Failure to continuously monitor the breathing of the patient.

• When giving Propofol continuous monitoring is required without fail. Murray walked away from his patient leaving him on a Propofol drip.
• Even IF Murray hadn't been administering Propofol via a drip, Murray's own interview with LAPD revealed that he said Michael liked to 'push' the Propofol himself. Most medical professionals contend that its more than likely impossible to self administer Propofol given the set up that EMT's discovered upon arriving at Carolwood, but even IF Michael administered the fatal dose of Propofol to himself, Murray would still be liable for leaving his patient alone with a dangerous drug like Propofol, particularly if said patient likes 'push' the drug themselves. During prelims, one expert witness said, it would be like a doctor leaving a heroine addict alone with a needle full of heroine.

12. Failure to monitor blood pressure, pulse oximetry, and heart activity.

13. Failure to call 911 immediately.

• YES, Murray waited almost TWO hours before he finally decided to call 911, claiming he couldn't find a home, yet was using the phone to talk to his instrument. He also tried repeatedly placing blame on everybody else in the house for the 911 call going out so late, refusing to acknowledge that the first step in basic CPR is to FIRST call 911, THEN begin performing CPR.

14. Failure to document and chart onset of procedure.

• Murray kept NO records of the six weeks of  administration of Propofol on Michael.

15. Failure to gain consent for administration of Propofol.

• This consent is obtained by medical professionals to assure their patients know what to expect and possible risks.

16. Failure to document throughout treatment.

• Murray knew what he was doing was unethical, thus refused to document his treatment.
• Note: During Cherilynn Lee's testimony, DA Walgren made it a point to show how much documentation and charting she did of her treatment for Michael...she gave Michael better care as a Nurse Practitioner than Murray did as a 'doctor'.

17. Failure to disclose to responding paramedics and ER doctors at UCLA the use of Propofol.

• Another example of how Murray clearly knew the Propofol administration was unethical and wrong.

There's also the portion of the general public who believe that Murray shouldn't have been convicted because if it hadn't been him, it would've just been another doctor. Murray had a duty to keep his patient safe and he failed to provide that duty. Regardless of past drug use or addiction, a patient is entitled to receive the same level of care as any other patient who doesn't have any past drug use or addictions...even if that patient's name happens to be Michael Jackson. It does NOT matter if Michael 'could have' gotten the Propofol from a different doctor. Had he got it from another doctor, it doesn't mean said doctor would've acted just as criminally negligent as Murray. During the civil trial, it was discovered Michael was given Propofol during his HIStory tour in his hotel room by other doctors. Even though doing such was a risk back then, the difference is, said doctors obviously upheld the standards of care for Propofol in a manner that placed less risk on their patient, thus Michael woke up. However, had 'another doctor' acted exactly as Murray did then said doctor would be the one in jail, but Michael got it from Murray, therefore Murray is accountable.

NOWHERE is it taught in medical school that doctors are to follow their patient's orders for their care. The patient is not the one with a medical degree or HIPPOCRATIC OATH. The patient is not the one who was trained to decide which is the best course of treatment for any of their suffered ailments or illnesses.

Holding Murray accountable for his role in Michael's death does NOT unjustly let Michael off the hook. Michael was held accountable for his actions of seeking Propofol to treat his insomnia, the moment he stopped breathing and the doctor he mistakenly trusted realized too late his patient had stopped breathing due to his failure to monitor Michael.

Murray, to this day, refuses to even acknowledge the negligence he committed as a doctor. He does not believe the violations listed illustrate any incompetence on his part. A tad interesting given his own attorney, Valeria Wass, freely admitted that Murray's crime was "a crime of negligence."

At 1:38...an incompetent attorney, for an a incompetent doctor...good luck with THAT appeal...not really.

Murray's reluctance to accept accountability or even demonstrate the human emotion of remorse means could mean he could easily be approached again by somebody and be asked to administer Propofol for the right price and he'd probably do it in a heartbeat because he refuses to acknowledge doing so with Michael was egregious or that he did his patient harm. There's a reason no doctor or medical professional in his/her right mind has come to Murray's defense other than the ones paid for Murray's defense.

Let's remember the Honorable Judge Pastor's own words upon the sentencing of the convicted felon, Conrad Murray:

Make no mistake about it. Michael has paid the heftier price. While Michael will forever lie at rest in Forest Lawn, unable to take a stroll with his children, take them trick or treating, unable to walk his daughter down the aisle at her wedding when the day comes, unable to teach Prince how to drive, unable to take Blanket out for ice cream to celebrate his blue belt, Murray walked out of a jail cell on Octoboer 28, 2013 at 12:01 am and was immediately able to take a casual trip to In and Out Burger to satisfy his appetite to his liking. 

Murray's mistakes cost him two years of his life and the inability to practice medicine, but at the very least, he will get to be there for all the precious and proud moments that occur when one has children. He will get to tuck his son in at night, teach him how to drive, and watch him walk across his high school's stage upon graduation...and sadly, Murray will be and is free to exploit his victim, Michael Jackson's. life and death to profit from his crime.

If every single violation Murray committed as a doctor and every single despicable act he carried out as a human being is not enough for the critics to acknowledge the danger this man is to society and the human race, then I simply suggest they help him rebuild his life by paying him to sign up for the same treatment plan Murray gave to Michael and in the spirit of being Mike-like, we can all join together and send them roses to their graves. 

Otherwise, let us focus our time and energy on limiting the profit and fame Murray gains from his crime by joining the Boycott Conrad Murray Campaign and raising our voice as one for Michael.