Lawyers for Conrad Murray, chose the the third anniversary of Michael Jackson’s death to announce that the doctor convicted of killing him regretted not testifying at his trial last year.
After a visit with Murray at Los Angeles County jail, Attorney J. Michael Flanagan (Murray’s former co-counsel in 2011) said the doctor was “adapting fairly well for a person who is serving time and who is actually innocent.”
Murray, currently serving a four-year jail term after a jury found him guilty of Involuntary Manslaughter on November 7, 2011 (he was sentenced November 29), apparently made these statements when Flanagan and Valerie Wass – the appellate lawyer handling Murray’s appeal – visited their client yesterday.
During Murray’s six week trial, the prosecution – LA deputy district attorneys David Walgren and Deborah Brazil – successfully exposed the defenses’ theory that Jackson had either self-administered propofol and/or ingested drugs without Murray knowing – as baseless.
The prosecution’s argument that Murray was grossly negligent not only for administering propofol in a home setting, but for failing to adequately monitor Jackson or follow standard medical procedure when he discovered his patient was in distress – won the day back in 2011.
Now Flanagan and Wass are hoping to reverse Dr. Murray’s sentence.
Back in 2011 Flanagan and Houston firebrand, Ed Chernoff, worked together as Murray’s defense team. That relationship looks to have bitten the dust though, as yesterday Flanagan told news outlets that the reason Murray didn’t take the stand at his own trial was down to Chernoff.
Flanagan said he disagreed with Chernoff and said he thought Murray should have testified, but said Murray chose to take Chernoff’s advice.
“Murray now realizes that he should have testified,” Flanagan said, “Now he says that the biggest mistake he made in the trial of the case was not testifying.”
Flanagan added, “We had so many gaps in the case that needed to be filled, that could only be supplied by Dr. Murray.”
Possible grounds for appeal would be; if an error of law by the primary court was found to exist, admissibility of evidence or flawed jury instructions.
If there were a retrial Flanagan said he would put Murray on the stand. He also said he expected Murray to serve no more than two years and could even be out before an appeal, due to good behavior.
Wass suggested jurors in 2011 were influenced by seeing information about the case on social media platforms.
“I think during the trial, it would have been difficult not to go on Twitter and see anything [about the case],” she said.
Michael Jackson, who employed Dr Murray in 2008/9, to treat his chronic insomnia while he prepared for a series of ‘comeback’ concerts at London’s O2 arena, is survived by three young children.
Murray at his sentencing by Judge Michael Pastor on November 29, 2011