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Nimue

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:38 am

posted by Nimue on Tuesday, November 15th 2011

Will Murray fake his death too?


Matt Alford, Member Of Conrad Murray Legal Team, Faces Contempt Hearing

LOS ANGELES — A partner of a defense attorney for Michael Jackson's doctor failed to show up for a contempt hearing Tuesday, prompting the judge to issue but hold a bench warrant for his arrest.

Superior Court Judge Michael Pastor said Matt Alford left a phone message with the court Monday saying he was in trial in Houston and could not attend. Pastor said he wants details in writing.

The judge ordered Alford to appear Nov. 29, the same day Dr. Conrad Murray is scheduled to be sentenced for involuntary manslaughter in the death of Jackson. Murray remains in jail.

Pastor threatened to hold Alford in contempt in September after he appeared on NBC's "Today" show criticizing a prosecution witness and commenting about the jury.

The judge said he was shocked because the comments came only hours after he had warned defense attorneys not to comment on the case outside court. Alford is a partner of Murray's lead defense attorney Ed Chernoff but did not participate in the trial.

The judge ordered Alford to file documents explaining why he could not get excused from his trial in Houston to attend the hearing and whether he approached the judge there to let him go.

Another contempt hearing is scheduled Wednesday for Dr. Paul White, a defense witness who was accused of making derogatory comments about the prosecution to a reporter.

White also blurted out a comment to jurors during his testimony in possible violation of a judge's ruling.

In another bit of post-trial business, the judge accepted an apology from a Jackson fan who took a photo in the courthouse hallway during the trial.

Amy Kimes, 43, a leader of the group Justice 4 MJ, said she made a mistake.

She blamed the stress of the trial for her action in posting the photo on Facebook, but said she took it down quickly when she realized she had broken the court rule. She was banned from the courtroom for the balance of the trial.

"I don't want to add any more to the stress factor," said Pastor. "As far as I'm concerned there are no further proceedings. You did the right thing."


http://www.huffingtonpost.com/2011/11/15/matt-alford-conrad-murray_n_1094805.html

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:39 am

posted by MaryJo on Tuesday, November 15th 2011

http://www.tmz.com/2011/11/15/conrad-murray-probation/

11/15/2011 12:45 PM PST BY TMZ STAFF
Conrad Murray's Lawyers
Will Ask for Probation


Comments about the trial - Page 7 1115-ed-chernoff-conrad-murray-michael-flannagan-ex

Conrad Murray's lawyers will ask Judge Michael Pastor for mercy when he's sentenced on November 29 -- mercy in the form of probation ... sources directly connected with the case tell TMZ.

We're told attorneys Mike Flanagan and Ed Chernoff will argue ... Murray has no criminal history, and he's been a model citizen and good doctor for all of his professional life -- except, of course, with the whole Michael Jackson thing.

Sources say Murray's lawyers are getting statements from the doc's patients, to demonstrate his commitment to good medicine.

Murray faces a maximum of 4 years in State prison, although he will never serve a day in prison because of a new California law. If Murray is sentenced to 4 years, he'll serve a maximum of 2 in L.A. County Jail, and he could be eligible for house arrest

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:42 am

posted by The Fairy on Tuesday, November 15th 2011


Some info on Matt Alford..

Comments about the trial - Page 7 Matt10

Matt Alford bleeds burnt orange. The other lawyers in the office thought he was crazier than hell when he made reservations to Pasadena in October, two months before any announcement was to be made about who would play in the 2006 BCS College Football Championship game. But he wanted to be ready in case the University of Texas got the bid, and it paid off. In January 2006, Matt sat among 110,000 other screaming fans at the Rose Bowl and watched Vince Young engineer the second coming of Texas Longhorn football.

Matt has a Texas pedigree. He is fifth generation Texan, born in 1965 in Denton, Texas. He graduated from Denton High School, and received a bachelor's degree from the University of Texas, Austin. (Naturally) He attended law school at the University of Houston. Soon after beginning his legal career at a prestigious civil firm in Houston, he began to feel something was missing. Born for the courtroom, Matt found himself spending most of his time answering interrogatories and sitting through tedious depositions.

Absolution came when the Harris County District Attorney's office called and offered him a job as an Assistant District Attorney. Matt swallowed the pay cut and took the plunge. He was an instant success and for five years tore up the courtroom with a 93% conviction rate. After prosecuting every conceivable type of criminal case, he left the office. In 1997 he began his own practice. In 1999 he joined forces with Ed Chernoff and Bill Stradley to form the partnership of Stradley, Chernoff & Alford.

Matt Alford is the boisterous dandy of the firm. His dress is impeccable… always. If one were to visit his home unannounced one evening he might be wearing silk pajamas, Gucci's and sporting a pipe. But don't let the attire fool you. Matt is an intimidating bad ass. He has the most pronounced personality of all the lawyers in the firm. His office is loud. It is not unusual for animated laughter or a booming explicative to echo from behind his walls, depending on who's on the other end of the conversation.

Without question, Matt is the partner at Stradley, Chernoff & Alford with the most oratory. He can, from the hip, deliver a closing argument or cross-examination that completely turns the tide at trial. He goes about his trial work with a scorched earth mentality. Like Babe Ruth, he has been known to call his shots; guaranteeing victory at trial. He has never failed to back up these boasts. He doesn't shy away from embarrassing a prosecutor if he feels it's deserved. Matt is either loved or hated by his opponents, but all respect him. Some fear him. In 2001, he was recommended and received the board certification in Criminal Law.

Matt also knows how to lay off when the battle is won. In one DWI trial, Matt's cross-examination of the arresting officer consisted of just one question. In closing, with Matt's question and the officer's answer blown up on a board behind him, he methodically destroyed the State's case. The jury reached a verdict of not guilty before his client even had time to use the restroom.


From the section of drug crimes:

Drug Charges
Houston Drug Crimes Defense Attorneys

Have you been charged with a drug crime in Texas?

   drug possession, marijuana possession, cocaine possession
   possession of chemicals for manufacturing drugs
   manufacture or cultivation of controlled substances
   dealing, delivery, importation, or transpiration of narcotics
   drug distribution, sales, or trafficking

For a zealous defense of your constitutional rights in the face of drug charges, contact a drug defense attorney at Stradley, Chernoff & Alford,


MORE AT: http://www.houstoncriminallaw.com/About-the-Firm/Matthew-Alford.aspx


Comments about the trial - Page 7 Ed10
Ed Chernoff is the patriarch of the firm, born in 1962.

He received his accounting degree from the University of Florida in 1984. After being awarded a scholarship, he attended the University of Houston Law Center. Upon graduation, he was recruited and joined the Harris County District Attorney's office.

While at the D.A.'s office, Mr. Chernoff tried 70 jury trials. He lost only one felony trial. Every year he worked as an Assistant DA he led all trial prosecutors in cases tried and won. He left the D.A.'s office in 1991 and began private practice. In 1999, he formed the law firm of Stradley, Chernoff & Alford.

Mr. Chernoff has tried many high profile cases throughout the United States. He rarely loses. In 1995, Mr. Chernoff was recommended and received the Board Certification in Criminal Law in 1995. He was re-certified in 2000, 2005 and 2010.


Mr. Chernoff maintains the record for the quickest acquittal in the Southern District of the United States Courts, when a jury acquitted his client after only 15 minutes of deliberations. In one case in Montgomery County, Texas, the jury acquitted a prominent local woman accused of felony theft and the foreman penned a letter on the back of the jury instructions blasting the elected District Attorney for his decision to take the case to trial in the first place. Most recently, in California, Mr. Chernoff represented the Medical Doctor accused of negligently causing the death of pop icon, Michael Jackson.


Mr. Chernoff usually handles most of the complicated cases in the firm, including Federal fraud indictments and intricate State cases. Despite the existence of thousands of documents, he has the unique ability to break down the most complex financial accusations into their most basic building blocks.

Mr. Chernoff is happily married with two children. He believes the cornerstone of his practice is the relationship he develops with his clients. Many of his former clients consider him a savior and a friend.


Areas of Practice:

* 100% Criminal Offense - State and Federal

Litigation Percentage:

* 100% of Practice Devoted to Litigation

Certification/Specialties:

* Criminal Law, Texas Board Legal Specialization, 1995

Bar Admissions:

* Texas, 1987
* U.S. District Court Southern District of Texas, 1992
* Licensed in California

Education:

* University of Houston Law Center, Houston, Texas, 1987
J.D.
* University of Florida, Gainesville, Florida, 1984
B.S.

Past Employment Positions:

* Harris County District Attorney, Assistant D.A., 1987 - 1991

Languages:

* English
* Spanish
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:47 am

posted by mjmtc on Wednesday, November 16th 2011

Defense witness in Murray case faces contempt fine

(AP) LOS ANGELES — A scientist who was the star defense witness in the trial of Michael Jackson's doctor will be in court Wednesday to fight a threatened $1,000 fine for contempt.

Dr. Paul White is a pioneer in the use of the anesthetic propofol. He clashed with Superior Court Judge Michael Pastor over comments in and out of court during Dr. Conrad Murray's trial.
Pastor says White deliberately brought up banned information in his testimony.

Pastor is giving White a chance to appear Wednesday and explain why he should not be found in direct contempt of court and fined $1,000. A member of the trial defense team, Michael Flanagan, is representing him.

Murray is in jail awaiting sentencing for involuntary manslaughter in Jackson's death and is not required to attend the hearing.
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:49 am

posted by MaryJo on Wednesday, November 16th 2011

abc7MurrayTrial ABC7 Murray Trial

Do you the judge made the right decision fining Dr. Paul White?

Dr White also said that if he could change things he would've advised Murray 2 take the stand 2 enlighten the jury on what happened Jun 25.

Dr White said he was shocked to see Murray led away in handcuffs. "There's no question he did some things wrong but they were not criminal"

Dr. White also said he believed any fine was inappropriate since he didn't thing he did anything wrong.

Dr. White told reporters in the hallway that the fine was "incredible, unconscionable, egregious". Flanagan said "what did you expect?"

Judge lowered the initial $1,000 fine the contemplated, saying his decision was based on things he heard in court today.

Judge Pastor said he was not going to discuss the issue "sabotage". He ended the hearing giving Dr. White until Dec. 16 to lay the $250 fine

Dr. White told the judge he was astounded to hear the DA say he was trying to sabotage the trial and wanted Walgren to show proof of that.

Walgren: People knew going fwd that Dr. White wanted to out forth evidence that was not admitted and deny People's right to a fair trial.

Prosecutor Walgren didn't buy Dr. White's excuse though, saying "he intentionally and deliberately tried to sabotage the trial."

Dr. White also told the judge he was never given rehearsed lines ton use during his testimony.

Dr. White to Judge Pastor: I apologize profusely if I disrespected you.

Dr White: I was shocked I was accused with tampering the evidence. I tried to avoid stepping on those land mines.

Dr White: I had no idea I was violating the court order by saying I couldn't talk about my 10-11 hours of conversation with Dr. Murray.

Dr. White addressed the court saying he did his best to be as truthful and completely honest during his testimony.

Flanagan: there was no intentional deception here to violate a court order.

Flanagan: Dr White is not professional witness. When confronted w/ inconsistency he innocently said he couldn't talk about his convo w/ def.

Flanagan said Dr. White had more than 8 hours of conversation with Dr Murray and it was hard to distinguish where he got which info.

Defense attorney Michael Flanagan represented Dr White in court today. He said the expert reviewed hundreds of pages of material in the case

At one point during cross examination, Dr. White told prosecutor David Walgren that he couldn't answer the question because judge said so.

But Judge Pastor did want to address the fact that Dr. White was told not to testify about his conversation w/ Dr Murray but tried to anyway

Judge decided that the "scumbag" comment was not suited to be discussed in his courtroom so he decided not to go forward with it.

Judge Pastor began hearing saying there were 2 issues that could be contempt: one was Dr. White's allegedly calling someone "scumbag".

Judge Michael Pastor fined Dr. Paul White $250 for directly violating court order. Details coming...

Judge Michael Pastor denied our request for cameras in the courtroom, so there won't be any livestreaming, only tweets.

Good morning from the courthouse in downtown LA. Contempt of court hearing for defense expert Dr. Paul White to get underway at 8:30 am.

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:51 am

posted by ElkeHassell on Wednesday, November 16th 2011

Dr. Paul White still believes Michael Jackson gave himself the fatal overdose. This pic is after the judge fined White for contempt #teamparody #murraytrial
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:52 am

posted by Nimue on Thursday, November 17th 2011

This person played with slurred speech showed in the court room and Murray's and Dave Dave's speech, showing how easy is to change the voice in a record:


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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:57 am

posted by ElkeHassell on Thursday, November 17th 2011

Dr.ConradMurray'sVideoInterviewsCouldHauntHimAtSentencingHearing

Posted on Nov 17, 2011 @ 05:00AM

WENN

By Jen Heger,
Radar Legal Editor

Dr. Conrad Murray's decision to participate in a documentary about the Michael Jackson death trial could be used at his sentencing hearing on November 29, RadarOnline.com is exclusively reporting.

The convicted felon sat down with the Today Show before being found guilty of killing Jackson on June 25, 2009.

“I don't feel guilty, because I did not do anything wrong, I am very, very sorry for the loss of Michael... Michael is a personal friend. It's heartfelt. It's been painful," Murray told Savannah Guthrie.

Murray's interview with Guthrie, and a British reporter, as well as the documentary which aired in the U.S. on MSNBC last Friday, could be played by the District Attorney at the sentencing hearing.
"The DA is considering playing excerpts of Murray's interviews. It's admissible, and completely legal. It's very compelling evidence, as Murray told the investigating officers a very different series of events that took place, than what he revealed during what was aired on television,” a law enforcement source tells RadarOnline.com.

“Walgren hasn't decided if he is going to play the interviews, but it only makes his case stronger that Judge Pastor should sentence Murray to four years in state prison because of his inability to tell the truth, on a consistent basis."

As RadarOnline.com previously reported, the executors of Jackson's estate, John Branca and John McClain, blasted NBC for airing the documentary. The executors fired off a letter to the network which said, "No sooner was Conrad Murray ordered led away in handcuffs after his conviction on manslaughter charges in the death of Michael Jackson than we discovered your MSNBC network inexplicably will showcase him in primetime Friday night as if he is worthy of celebrity.

“Dr. Murray's victim, Michael Jackson was a loving father, an incredible talent and someone who had much left to give the world. Dr. Murray is a convicted felon who a judge felt compelled to have placed in handcuffs and jailed immediately after the jury delivered its verdict. He is not someone NBC Universal should be giving a platform on a prime-time pedestal."

The documentary also highlighted the bickering between Murray's lawyers, Ed Chernoff and Michael Flanagan. RadarOnline.com was first to report that during the trial, things had gotten so bad between the two lawyers, that Chernoff, who lives in Houston, moved out of Flanagan's Southern California home. Chernoff had been staying with Flanagan to save his client money.
During one shocking scene of the documentary, Flanagan says, "F**k you," to Chernoff during an argument over the defense strategy. Murray criticized Flanagan by saying, "I take offense when my damn attorney is not prepared for that man," referring to prosecution witness Dr. Alon Steinberg.

Stay tuned to RadarOnline.com for developments on this story.




Michael Jackson on Trial Again -- Part I
Posted: 11/17/11 12:54 PM ET

In the "trial of the century," the prosecution rested, the defense rested, the jury can rest now that they're dismissed. When does Michael Jackson get to rest? To the media this wasn't the manslaughter trial of Conrad Murray; it was "the Michael Jackson Death Trial." And much of the time, Michael Jackson, though dead, was on trial.

Michael Jackson was not treated as a human being, but as a cash cow. His death hasn't changed that. The exploitation of Jackson was legion -- by acquaintances, hired help, colleagues, the music industry, the justice system, by families looking for deep pockets, by hangers-on, sycophants and especially by the media. Millions were made off the Jackson brand. What the public doesn't know, is how cynical and deliberate the exploitation was. Author Joe Vogel wrote about the widespread cultural abuse of Jackson in a recent article titled "Am I the Beast you Visualized?"
The latest betrayal is a documentary by Conrad Murray -- the very doctor who is convicted of killing Jackson. Murray, charged with manslaughter, struck a deal two years ago with October Films for a documentary about his relationship with Jackson and his final days. Family and fans are asking how could NBC, in good conscience, produce and air a film that exploits Jackson yet again after death and by the very person responsible for that death? Murray inked a contract as Jackson was being laid to rest.

The documentary included scenes depicting "private rooms" in Jackson's home with clips recognized as photos of Neverland Ranch taken in 2003 after sheriff's deputies raided and rifled through it. The same photos, originally used to slant opinion about Jackson's private habits, made their way into Murray's "documentary" along with a few contrived comments designed to denigrate Jackson while elevating Murray. How honest is a film and its intentions when cleverly edited for impact and ratings? Reminiscent of MSNBC Martin Bashir's Living With Michael Jackson, another cleverly edited film called a "hit piece mocumentary" that was cynically produced for ratings and profit was refuted later by Jackson's own film crew who taped the same footage simultaneously with Bashir's crew. Murray's documentary circumvented the justice system allowing in the testimony he refused to give in court despite a family's frantic search for answers to what happened to their dead loved one, Michael.
Conrad Murray's manslaughter trial became "the Michael Jackson Death Trial" because media long ago learned that connecting Jackson's name to anything increased revenues. People promoting their own brand still cynically link to Jackson knowing that negative stories about him increases attention. Reporters invented stories and not to be left out of the profit making game, mainstream media soon followed suit. A large segment of the population still believes the tabloid caricature of Jackson and the accusations from which he was exonerated. And they mistakenly believe self proclaimed "Michael Jackson experts" -- who never even met the man and have an agenda and a reason to perpetuate the caricature myth -- to avoid being exposed for their past treachery -- using a human being for profit and to future careers. The propaganda about Jackson says more about the writer than it does about their subject. Nick Davies in his Flat Earth News exposé claims the public would be sickened by cynical media tactics and how they manipulate á la tabloid journalism gone mainstream.

Jackson fans, who have been trying to warn consumers for years about the racist agenda and media exploitation of Jackson, issued a statement this week: "Michael Jackson fans have had enough. Ridicule us if you must, call us names, tell us we only think of Michael as an 'idol' -- but we are not the ones selling his memory, objectifying him and making money off him." They have called for a boycott of NBC and its sponsors.
Murray may have administered the fatal dose of poison, but the media poisoning of public opinion regarding Jackson was relentless and protracted. Did the media torture a man to death for nothing more than ratings and profit? The most famous man in the world was also the most bullied. The tabloid campaign exploiting and lynching Jackson was unparalleled and lasted decades. Jackson's exploiters hail from every possible position -- from cleaning ladies to doctors and a rabbi spiritual director who published recordings of Jackson's private sessions -- all to make a buck off his brand.

Physicians are outraged by Murray's reckless treatment and his violation of HIPPA laws and patient confidentiality. They find it incredulous that a doctor, now convicted felon, skirted both the law and testifying in court and pimped his documentary that profits the very man he killed.

The fans, aware that public opinion about them has also been manipulated, are concerned that the public continues to allow salacious media exploitation of public figures and are duped into its consumption unawares. One fan writes:

"Our living rooms should not be dumping grounds for salacious materials that strip humans not only of their dignity, but their very humanity -- and ours in the process. Where is the public outcry that says 'enough is enough'? People were outraged when the Rupert Murdoch scandal broke about phone hacking for headlines for front page fodder with ill gotten sensationalized information; where are they now? Airing this documentary is shameful."

British Huffington Post journalist Charles Thomson chronicled the shaming irresponsibility of the media while covering the Jackson trial in 2005 in a piece called "The Most Shameful Episode in Journalistic History."
It might be worth pondering why a man who appeared to have it all needed such extreme measures to sleep. Why did he require medication that did not just help him sleep but rendered him unconscious nightly in order to rest? How did a vegetarian and purist who hated drugs come to rely on them? Remember, Jackson was found not guilty of exploiting children but the accusation would forever taint his legacy. Yet the Murray trial showcased, in Jackson's own words, his dream to build a children's hospital. His attorney, Thomas Mesereau voices concern about the recklessness of a slanted media that capitalizes and exaggerates drama for profit and ratings; he is joined by other attorneys like Matt Semino and Mark Geragos who worry that celebrity cultism and media manipulated public opinion preempt justice.

Authors Aphrodite Jones in Conspiracy: The Michael Jackson Story, Jermaine Jackson in You Are Not Alone: Michael Through a Brother's Eyes, and Joe Vogel with Man in the Music: The Creative Life and Work of Michael Jackson, as well as Armond White and others, try to set the record straight by telling the true Jackson story with new books that counter the tabloid trash and chronicle history.

Even today few people are aware that in both cases accusing Jackson of harming children the same players appear -- the district attorney nicknamed "Mad Dog," the same attorney who recruited and represented both accusing families and the same psychiatrist reporting the accusations. Few people realize this gang still socializes together. Both the FBI and social services investigated Jackson and found no wrongdoing .
Few understand what really happened to Jackson because his dehumanization in tabloids was so deliberate and the caricature painted so thorough. His ruination by public opinion and the media was so disheartening, the violation of his civil rights by law enforcement so encompassing that it rendered Jackson so dispirited and disillusioned that he left his homeland, the place where a little black kid from the inner city made it to Hollywood.

The last insult came from Rupert Murdoch's Sun tabloid publishing a photo of the dead Jackson front page in Britain with the racist moniker "*****" -- whose origin describes monkeys and can be a slur used for those of African descent. Within hours after the release of that photo on HLN, extremely sadistic and cruel bullies send a copy to Jackson's children with the message "From Daddy with love."

The second generation of Jacksons, including Michael Jackson's children, have themselves been victims of bullying -- their lives, relationships and paternity made fodder for gossip because tabloid reporters apparently eschew the legitimacy of adoption or fertilization techniques for childless families, and find alternative paternity and parenting somehow aberrant. Masks in public prevented them from being recognized at playgrounds later when accompanied by bodyguards who substituted for a father unable to accompany them in recreational outings without causing a media circus and security problems for police. Yet public opinion ridiculed Jackson for protecting his children from harm.
There are those who seem to insist that public figures and their lives belong to the public instead of to themselves, who expect to be privy to any and all private information, who feel that celebrities are not entitled to the same civil rights everyone else enjoys. And there are those who pander to those compulsions and serve up the dirt whether true or not, for ratings and profits -- doing it with illegal phone hacking, checkbook journalism and paying large sums for stories -- the more salacious the story, the more zeroes on the check for stories that lynch and carve up real people on front pages -- for profit.

Adults wonder out loud where children get the ideas that seem so cruel and heartless. Enamored by celebrity, kids imitate the most popular, and are keenly aware of the values displayed by the adults around them. The new generation has just rediscovered Michael Jackson since his passing. Do you think they naively miss the tabloid battering of Michael Jackson? Where do they learn bullying? They are watching the media and watching us!
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 8:57 am

posted by Nimue on Friday, November 18th 2011

Thanks Elke, wonderful article. I wish more people could see it in this way.
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:01 am

posted by The Fairy on Friday, November 18th 2011

Discord Over Strategy on Dr. Conrad Murray's Defense Team

Miriam Rozen ContactAll Articles

Texas Lawyer

November 21, 2011

The lawyers representing Dr. Conrad Murray in Los Angeles Superior Court had no reason to cheer on Nov. 8, but it wasn't just the guilty verdict that created tension on the trial team.

For much of the trial, discord dominated relations between Houston lawyer Ed Chernoff, who led the criminal-defense team for Murray, and his co-counsel J. Michael Flanagan of Glendale, Calif.'s Flanagan Unger Grover & McCool. Neither lawyer plans to represent Murray on appeal.

"This is the first time I've done a case with co-counsel in 30 years, and we had a difference of opinion about how the case should be handled," Flanagan says.

The California criminal trial of Murray ended with the jury convicting him of one count of involuntary manslaughter related to the death of pop star Michael Jackson. Citing Murray's significant ties outside the state of California (Murray formerly had a practice in Houston) and public safety concerns, Los Angeles Superior Court Judge Michael E. Pastor remanded Murray into custody, noting sentencing would occur on Nov. 29.
Chernoff of Stradley Chernoff & Alford sat at the defense table with Flanagan for the entire six weeks of the trial. At the start, Chernoff lived at Flanagan's home to save on expenses, but after several weeks Chernoff says he moved out. The cause of the strained relationship? Disagreements over trial strategy, specifically how to handle the examination of expert witnesses, among other things. Plus, Chernoff says, "You can only impose on co-counsel for so long."

Flanagan says, "Dr. Murray got Monday morning-quarterbacking on his doctoring, so I don't want to be Monday morning-quarterbacking Ed's lawyering." But he notes that he disagreed with Chernoff over whether Murray should testify on his own behalf: Flanagan thought he should, but Chernoff said no. In the end, Murray did not take the stand.

"You had a doctor providing an unusual drug under unusual circumstances for an unusual person. We could never get past that as logical as we tried to be. And as much as we tried to differentiate the case from that, we couldn't get past it. There was an elephant in the room and we could never feed it enough peanuts," Chernoff says, referring to the decision not to have Murray testify.

But Flanagan says, "I think the elephant was the need for the doctor to explain what he did."

Flanagan says he also proposed a different tack for cross-examining the last prosecution witness: Dr. Stephen Shafer, an anesthesiologist. "I thought we ought to go after Shafer real hard. Ed didn't," Flanagan says. At trial, it was Chernoff who cross-examined Shafer — instead of Flanagan, as the defense team initially had planned.
The tension between Chernoff and Flanagan was apparent in the documentary "Michael Jackson and the Doctor: A Fatal Friendship," which recently aired on MNSBC and other networks. In one scene, Chernoff prepares to leave Flanagan's house as Flanagan curses at Chernoff, then admonishes him saying he has the trial strategy "all mapped out. . . ."

Chernoff says "the carnival atmosphere" put more pressure on the defense team and on Murray. "The press tried to create drama; the whole thing was a reality show," Chernoff says. Thankfully, the Los Angeles County Sheriff's Department helped the defense team use "backdoor entrances" to avoid the press, he says. "They took my client and me away from the hordes of people out there when they could have done nothing."

Occasional weekends home in Houston and several excursions to the beach in California also eased the stress, Chernoff says.

"In a trial like this you are going to have some disagreements among the counsel, and the lead counsel has to make the decisions," Chernoff says. "And that's the way it was happening at this trial. I had to make some decisions."

Back to California

Within 48 hours of the verdict in People of the State of California v. Conrad Robert Murray , Chernoff had flown back to Houston, welcomed by his law partners who needed him to get back to work right away. But it isn't just Murrays' sentencing that will have Chernoff and partner Matt Alford back in California on Nov. 29.

Judge Pastor has ordered Alford to appear before him at a hearing related to Alford's September appearance on NBC's "Today" show. Pastor had issued a gag order in Murray's case. "In my 20 years of practice I have never knowingly or otherwise violated a court order," Alford says.

Chernoff says of the hearing, "I think it's bull***** and typical."

Chernoff and Flanagan will represent Murray at his Nov. 29 sentencing hearing, where Murray faces up to four years in prison. Chernoff says he has turned to a sentencing specialist with a background in the California justice system for help preparing. He has not decided if he will present any witnesses at the hearing. Unlike Texas, California juries do not participate in sentencing, he says.

Sandi Gibbons, a spokeswoman for the Los Angeles County District Attorney's Office, which prosecuted Murray, did not return a telephone call and an email seeking comment.
Chernoff says he has received telephone calls from prospective clients who watched him defend Murray. "I've already got a couple calls from California," notes Chernoff, who passed the California bar exam last year. [See "Houston Meets Hollywood," Texas Lawyer , Jan. 31, 2011, page 1.]

But he has no plans to take on any more California cases. "I'm not saying there is not another case; I reckon I will. But it's going to have to be a special case."

It is unknown who will represent Murray in his appeal, Chernoff says. Flanagan says he prefers trial work. Chernoff says he already has spent three months away from his Houston firm, and his partners and family "deserve better than that." Plus he has a trial set to begin in a Houston court on Dec. 15.

He believes a new lawyer who wasn't involved with the trial will have a fresh perspective and be better equipped to develop an effective appellate strategy for Murray.

Citing attorney-client privilege, Chernoff and Flanagan decline to discuss how much they charged Murray in legal fees. But so far, the financial remuneration for representing Murray has not been equal to the task, Chernoff says. "If Dr. Murray had paid me a quarter-million dollars, it was entirely too little considering the amount of work that was involved and the collateral issues that were attached," Chernoff says.
In January, Chernoff told Texas Lawye r, "If I walk out with my client at the end of the trial, it's going to have a tremendous impact on my practice. If I don't walk out [with him], I'm going to be the guy who lost the biggest trial since O.J. Simpson's." Now that Murray's trial is over, Chernoff sticks by that sentiment.

"I'm glad I did it," he says, "but, yes, it's a big loss. But as a defense attorney you are not worth a crap if you don't try these things. Defense attorneys often lose, but what differentiates those attorneys are those who are willing to get on the bull in the first place.
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:36 am

posted by Nimue on Saturday, November 19th 2011

Interesting article.

Quote :
Chernoff says "the carnival atmosphere" put more pressure on the defense team and on Murray. "The press tried to create drama; the whole thing was a reality show," Chernoff says. Thankfully, the Los Angeles County Sheriff's Department helped the defense team use "backdoor entrances" to avoid the press, he says. "They took my client and me away from the hordes of people out there when they could have done nothing."
Of course the media created drama and it really was a reality show in the sense that all their moves were being recorded for Murray documentary, even if we don't look at this as part of a hoax.

Now I wonder, why was LAPD so nice to Murray helping him to avoid the crowd when they didn't give the same deference to Michael during 2005 trial.

By the way, there isn't any mugshot from Murray yet!


MichaelJackson'sChildren'Pleased&Relieved'ConradMurrayConvicted

Michael Jackson's oldest two children, Prince and Paris were "extremely pleased and relieved" that Dr. Conrad Murray was found guilty of killing their father, RadarOnline.com is exclusively reporting.

As soon as the verdict was read in court, Katherine Jackson met privately with Deputy District Attorney David Walgren, and "broke down in tears as she thanked him for bringing Michael's children justice. It was very emotional. Walgren had hammered home the point to the jury that Michael's three children didn't have a father because of Conrad Murray. Katherine gave the DA one final hug before leaving and said, 'Now I can go home and tell the children that he has been found guilty.’ Katherine doesn't like to say Murray's name," a Jackson family insider tells RadarOnline.com.

Katherine wanted to get home as quickly as possible after the verdict had been announced so she could tell Prince, Paris, and Blanket that Murray was found guilty and behind bars.
"Katherine sat all three children down together, and told them. Prince and Paris were very pleased and relieved that Murray had been found guilty. Blanket didn't ask many questions, he is so young,” the source says. “Prince wanted to make sure that his grandma was ok, he knew the toll the trial had taken on her. Paris kept asking Katherine if there was any chance Murray would be able to harm someone else. Paris is extremely sensitive, and she hopes that Murray isn't allowed to practice medicine ever again.”

“The children were surprised that Murray was placed in jail. Paris kept asking Katherine, 'what will happen to the doctor in jail?' Katherine responded that she didn't know, and changed the subject," the Jackson spy asserts.

As RadarOnline.com previously reported, Prince and Paris wanted to testify at the trial, but the DA decided against putting the children on the stand.

“Prince is telling Katherine that he wants to formally talk to the judge on Murray’s sentencing day,” the source says. “Nothing has been decided yet, Katherine doesn't want him anywhere near the sentencing though. She is encouraging the children to write letters to the judge, formal victim impact statements that could be read aloud by a Jackson family member at the sentencing on November 29. The contents of the letters could remain private, and for Judge Pastor to review only.”
Walgren has told Katherine that he supports the children participating in the sentencing. "If either one of them wish to address the court, Walgren will fully support the children, and make whatever accommodations need to be made," the insider tells RadarOnline.com.

http://www.radaronline.com/exclusives/2011/11/michael-jackson-children-happy-conrad-murray-convicted
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:38 am

posted by ElkeHassell on Saturday, November 19th 2011


Michael Jackson On Trial Again -- Part II
Posted: 11/18/11 03:39 PM ET


Conrad Murray's trial for manslaughter predictably became about Michael Jackson instead of his doctor because the use of Propofol was unusual and the patient was famous. In court, the displaying of medication bottles was high drama and the media pounced and rushed to publish "Michael Jackson's addiction."

A close look at the dates, the number of pills prescribed measured against the number taken, number left and span of time the pills sat in that bedroom proves not that Jackson was an addict, but that he was actually non-compliant with medications he was prescribed. But that isn't sexy; and it's all about sexy and getting viewers for a trial that was predicted to be "bigger than the Casey Anthony trial." Except it wasn't. Hysteria fatigue, perhaps? Have we had enough?

Pundits on HLN seemed to push the "addict" label because it suited their agenda to promote books and careers. "Michael Jackson" has promoted many books and careers involuntarily as people conscripted his name for their own purposes. HLN was no exception. An addiction specialist physician jumped on the same "addict" meme despite the conflicting information between addiction, bottle labeling and usage, and despite medical records entered in evidence that were unsigned and confusing. The physician's questionable records were allowed in court but the physician was not and he wasn't made able to explain his treatment of Jackson for facial procedures to reconstruct his face. Jackson had Vitiligo and Discoid Lupus -- the same disease which has left the entertainer Seal, facially scarred. It is entirely reasonable that Michael Jackson's face be treated and re-sculpted; he made his living on stage.

That same physician also hypothesized that the nightly use of Propofol accounted for the poor condition of Jackson's lungs while it was well known to insiders that Michael Jackson had a Tryptophan Synthetase Deficiency which is a lung disease characterized by a lack of protein for lubrication. Jackson's fans could have enlightened any one of these talking heads but they didn't fact check nor ask fans. If you want to know something about a sports or pop culture figure, ask fans who know everything about them.

In fairness to the pundits, the coverage could have been much worse and the fans could have been depicted in a much poorer or darker light. Unfortunately the fringe elements of fandom were highlighted and that included conspiracy theorists who believe that Jackson is alive and in hiding. And for the most part, fans behaved well except for an occasional scuffle.

Mainstream Jackson fans who get less attention than the vocal fringe, are articulate, thoughtful, bright, and interested in justice and vindication. Many are professionals who contribute to society, pay their taxes and raise children in the suburbs and cities. They have an interesting story to tell society should anyone ever want to listen. What they have to say is shocking.

The trial, it seems was all about Michael Jackson despite Murray's dalliances are well known -- seven children with six women, his methodology even in his clinic appeared reckless to other physicians and one who ventured: "The only thing Murray could have done that was more dangerous was to push Jackson out of an airplane without a parachute." And what doctor ships a stockpile of medication to a private residence? What doctor using a dangerous drug does not have the proper emergency equipment required for safety and for resuscitation when he is the only one there in case something happens to the patient? The drug labeling requires it as do protocols. A simple regulator pump that would have saved Jackson's life by regulating the flow of Propofol according to body weight and dosage guidelines would have cost $1,500 of a salary one hundred times that per month. Murray owned a clinic; if he could order Propofol in bulk, he could order medical equipment that would have saved Jackson's life.

Yes, it was the Michael Jackson trial because once again, Jackson was put on trial even in the afterlife. And it's ironic that the most compelling piece of evidence came not from the prosecutor or from the defense, but from Michael Jackson himself. Jackson, whom a nurse anesthetist says sounded like he was under the influence of Propofol -- with no cameras filming, no media in attendance, was clear about his motivation, his intention and his future plans even in that sedated state. He said:

"Elvis didn't do it. The Beatles didn't do it. When people leave my show I want them to say 'I've never seen nothing like it in my life. Go. Go. I've never seen nothing like this. Go. It's amazing. He's the greatest entertainer in the world.' I'm taking that money, a million children, a children's hospital, the biggest in the world. Michael Jackson's Children's Hospital.

Gonna have a movie theater, game room. Children are depressed -- in those hospitals, no game room no movie theater, They're sick because they're depressed, Their mind is depressing them I want to give them that, I care about them angels. God wants me to do it. God wants me to do it. I'm gonna do it, Conrad.

Don't have enough hope; no more hope. That's the next generation that's going to save our planet starting with - well talk about it. United States, Europe, Prague, my babies.

They walk around with no mother. They drop them off, they leave -- a psychological degradation -- that. They reach out to me -- please take me with you.

I want to do that for them. I'm gonna do that for them. That will be remembered more than my performances. My performances will be up there helping my children and always be my dream. I love them. I love them because I didn't have a childhood. I had no childhood. I feel their pain. I feel their hurt, I can deal with it.

'Heal the World,' 'We are the World,' 'Will You Be There?', 'The Lost Children.' These are the songs I've written because I hurt, you know, I hurt."

A children's hospital or healing center was Michael Jackson's dream. And this is not the first time the subject of medical treatment and healing of children has come up in Michael Jackson's legacy. When Jackson's slurred declaration was first reported Jane Velez Mitchell of HLN declared on air that this recording of Jackson proves what Michael Jackson fans have been saying all along -- that Michael was misunderstood and mischaracterized and Neverland Ranch was misrepresented to the public. She called the conversation vindication for Michael Jackson. She only said it once as that very same day people who made money with "hit piece" biographies chastised her on Twitter and she went silent.

Conrad Murray is not the first nor the last person to be privy to Michael Jackson's dream for children. In an article by Italian journalist Silvia Bizio, Anjelica Huston who played opposite Jackson in the Captain EO film for Disney, accidentally ran into Michael Jackson about a month before he died. They hugged, hunkered down in a room together and caught up on each others' lives.

Huston remembered Michael as being tender and fragile, having trouble mustering up enough anger to carry out his role as Captain EO with a spaceship crew who sings 'We are here to change the world.' She said it was as if anger didn't live in his DNA. He needed her there, in costume and sneering her lines to play off her villainous character. Huston said he seemed even more fragile especially emotionally, during their brief encounter. She put her arms around him; she says:

"We talked about how he had felt humiliated by the accusation of sexual harassment and about the sorrow for the loss of Neverland, where he had lived many years. I remember his words: 'They ruined my dream. I had this dream, perhaps childish and foolish, a place designed to celebrate the innocence of that childhood that I never had, and they took it from me. I love children, I could never do them harm. I spent all my life loving them and trying to do good things for them. The libel of harming a child--that breaks my heart. It is an unbearable pain, those accusations are unjust and terrible...' As he said these things, he began to cry. I held him in my arms...He was so skinny and frail."

Jackson told her he was preparing for the London concerts. She remembers:

"He was training hard because he would have 'no more hope to be loved back again.' He wanted to be let back in to the hearts of the public after his public lynching for something he said he didn't do and a jury of his peers agreed with. Huston goes on: "he was thin and pale; I could feel so much pain in him for the past and a lot of anxiety and uncertainty for the future."

When asked by Bizio, "What do you think really killed Michael Jackson?' Anjelica Huston didn't hesitate: "Michael had a broken heart. For this he died. The truth is that they broke his heart."
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:39 am

posted by Nimue on Monday, November 21st 2011

Maybe we don't have this one here. This is a video from the courtroom behind the scenes. The Seal with 32 stars is there. At 6:15 he says that we missed the good part and the lwayers fight.

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:42 am

posted by ElkeHassell on Monday, November 21st 2011
Michael Jackson On Trial Again -- Part III
Posted: 11/21/11 08:56 AM ET


When Michael Jackson, in a drug-induced altered state of consciousness and slurring speech, talked about building a hospital for children, it wasn't the first time Michael Jackson had talked about building medical facilities for sick children. He equipped a burn wing at Brotman Medical Center in Culver City and built a 19-bed wing at Mt. Sinai Hospital in New York.

Artist David Nordahl, Michael Jackson's friend for more than 20 years, and whose work was commissioned for Neverland Ranch, recently shared some memories of Jackson:

"That conversation they played in court was so Michael. Taking care of sick children is what he talked about in every conversation we ever had. He took care of sick children all over the world. He paid for Bela Farcas' liver; the cost was $125,000 and when they found out it was for Lisa Marie Presley and Michael Jackson who decided to split the cost, the price jumped to a quarter of a million. Bela got his liver.


"I didn't do just paintings for Michael; he asked me to do sketches for rides he invented at Neverland and the drawings for condos he planned to build for critically ill children and their families. He knew that critically ill children heal better in an environment of hope, positive thoughts, laughter and magic. The darkened and quiet sick room fosters depression, not joy and joy heals according to Michael. His condos had large bay windows in the front and they were supposed to look like tree houses in the forest.


Comments about the trial - Page 7 2011-11-14-NordahlLostBoysVilla

"He wanted the large windows because he knew that very ill children often can't sleep and wake up at night afraid, so he built an outdoor theater to run cartoons 24/7 so that if the children woke up, they would be able to see the cartoons from the window."

Nordahl spoke about Michael's mischaracterized love for children. How was he during that time when he was accused, I wanted to know.

"Michael knew, I mean absolutely knew -- without a doubt -- that his personal destiny was to heal children; it was his calling. He visited orphanages all over the world, built some, built children's wings on hospitals, he sent doctors to the Balkans and even sent a 737 with medical supplies to Sarajevo.


Michael loved children; he lived for children. They were the most important thing in his life; in fact, they were his reason for living. All Michael's work was dedicated to children -- to the children of the world or to the child in all of us. Neverland Ranch was dedicated to children and it was always under construction. Its similarity to Disneyland was intentional. Michael saw helping children in this world as his life mission. He traveled the world advocating for children and contributing a great personal fortune to children's causes. It was his life and it was his reason for living. Can you imagine what it was like for him to be accused of harming children?"

The story told is that as Michael befriended a divorced family with a boy diagnosed with cancer and brought them to Neverland because children healed there from all kinds of troubles and wounds, he came in contact with the boy's father who believed himself to be creative and an unrecognized talent as a playwright. Ravaged by a mental illness and prone to its delusions, the father believed he would become Jackson's partner in his planned production company -- Lost Boys Productions. Jackson, with $40 million in start-up money from his record company, commissioned Nordahl to design some logos for the project. Before the paint was dry, the boy's father realized he was never going to be Jackson's partner in the venture, and he demanded half the money. When Jackson refused, the rest became easy: make an accusation and collect $20 million earmarked for filmmaking -- Jackson's passion and next venture.

Unfortunately Jackson never got to realize his dream of making films. His reputation suffered and some will always think him guilty of a crime when his only crime was being "different." But geniuses usually are often outcasts of their peers and culture. And we can guess, given the times, that more than a little of what happened to Michael Jackson was racially motivated.

I pointed out to Nordahl that the blueprint for the condos at Neverland included waterfalls that produce negative ions which are uplifting and make people feel good; he had to know about endorphins.

"Of course he knew; he had music piped in at Neverland for the flowers because he knew it encouraged them to grow," Nordahl replied, "Michael read all the time. He knew a lot about healing; he knew joy and delight had an effect on hormones and mood. He wanted some of the construction at Neverland to be secret so that children visiting would not know ahead of time everything they would encounter there, so that there was the joy of surprise. He knew how it would delight them and make them feel."


"But the magic for Michael was gone. Michael loved magic; he asked for it in paintings. He saw the world that way and he deliberately looked through the magical eyes of a child because he preferred it. It's true he felt the loss of childhood, but more than that, Michael liked seeing the world through fresh un-indoctrinated and fresh eyes, so he chose it. Looking with those eyes and through the lens of innocence allowed his creativity to flow freely and fiercely like a river. When the accusations came, especially the last one, his river of creativity was dammed and went dry."

The media, in a frenzy, used Jackson to sell their wares -- the tabloid headlines, the stolen and unflattering pictures. He took to wearing a mask to discourage them. Fortunes were made on fictionalized stories and unauthorized biographies by people who never met him or knew him only on at the fringes of his orbit.

The loudest Jackson detractors are often the most guilty of using Jackson and riding the hysteria surrounding him to launch and sustain careers "reporting" on Michael Jackson's life. Those same people know sensation sells and knowingly contributed to it. They still ride his coattails even in death, revisit the crimes whenever in front of a camera, and claim guilt to this day despite a mountain of evidence to the contrary and a not guilty (14 counts) verdict. They can't afford to be exposed for their bullying so they stubbornly occupy their position. They bullied him for his skin color lightened by the disease Vitiligo; the paternity of his children despite modern adoptions and fertilization methods for couples unable to conceive, for his surgeries in a culture that reveres youth and eschews 'aging rockers.' Deep pockets and a racist agenda explains much because Jackson was born into and grew up in a racist culture and married white women. The rest is explained by the ego that: sees people not as who they are but as who you are being.

"Some called Neverland a child magnet," Nordahl reminded me. "And it was really; that was deliberate. But Michael did not have the agenda they said he had -- his agenda was not to harm children; his only agenda was to bring joy and magic to kids. I watched him do that for 20 years. Michael himself had a kind of magical attraction. Kids just followed him. We were once in a Toys-R-Us store where Michael was buying toys for kids and I turned around to find a sea of kids following us. And Michael was in disguise."


"People said he was a recluse; he wasn't. He just always drew crowds. There was something about him; watching people descend on him was like watching a wave crashing to shore. He had to practice getting out of any article of clothing quickly because people around him went into a kind of frenzy. He could get out clothes faster than anyone I've ever seen."

Nordahl remembers too, the loneliness that Michael suffered.

"Before and during the trial he felt abandoned. He was being convicted in the court of public opinion and he worried about getting a fair trial. He worried about what would happen to his kids if he went to prison. He had trouble sleeping. We were staying at a friend's beach house on the ocean and I told him if he couldn't sleep to come down and visit me. He was worried he'd keep me awake but I didn't mind; I knew he was lonely and worried. We spent many long hours talking and sometimes walking on the beach waiting for sunrise. He couldn't sleep. When you take away someone's reason for living, the reason for his life, what's left?"

I wanted to know if David Nordahl had been watching the trial.

"Sure; it's hard because you know they had to make it about Michael. I wish the world could know the real Michael. Michael always said that if you talked about the good you did in the world, you cancelled the beneficence of the gift, so he was very private about his humanitarian work. Nobody will ever know how much he did for this world and for the children. The world will never know what it lost because they took Michael from his work and that cheated not just him of his future, but it cheated all of us."

Artist David Nordahl lives and works in Santa Fe, New Mexico where he is currently getting ready for a show in Tucson, Arizona at Settler's West Gallery on November 19, 2011 and in Las Vegas at a hotel on the strip in April.


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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:44 am

posted by Nimue on Tuesday, November 22nd 2011

Nice article Elke, thanks. I posted some time ago a beautiful interview with David Nordahl:

http://www.igroops.com/members/httpfairycom/comm/READ/00006474/David-Nordahl-Friendship--A-Paintbrush.html

He really shows the real Michael. I just wish more people could read it and see Michael as he really is.

This is a video from MagicalXscapism, some parts I don't agree with but it is very interesting what she found out about Les Diamond Film. I am posting here because there are a lot about Murray's trial too.


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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:52 am

posted by ElkeHassell on Thursday, December 1st 2011
Jackson Legacy Expected To Thrive After Trial
by The Associated Press
LOS ANGELES December 1, 2011, 04:57 pm ET

LOS ANGELES (AP) — The private world of Michael Jackson, fiercely shielded by the superstar in life, was exposed in the trial of Dr. Conrad Murray. But rather than suffering harm from revelations of drug use, experts say Jackson's legacy and posthumous earning power will survive any damage done and could actually grow after he was portrayed as a victim of a money-hungry doctor. Jackson died before he could launch a series of highly anticipated comeback concerts in London as he tried to regain the towering status he enjoyed when he released the "Thriller" album in 1983. But his death did breathe new life into record sales and boosted other projects to generate hundreds of millions of dollars for his estate, even as his already tarnished personal life took another hit by revelations about his drug use. Jackson zoomed to the top of the Forbes Magazine list of highest earning dead celebrities and his executors are moving quickly on more projects designed to burnish the performer's image and expand the inheritance of his three children. A Cirque du Soleil extravaganza, "Michael Jackson: The Immortal World Tour" opens in Las Vegas this weekend, a precursor to a permanent installation at the Mandalay Bay Hotel, and fans are expected to flock there for a "Fan Fest" exhibit of Jackson memorabilia. After the trial, a judge made it clear that the defense effort to cast Jackson as the villain in the case had been a miserable failure. Murray was convicted of involuntary manslaughter, called a reckless opportunist and sentenced to the maximum four years in prison. Judge Michael Pastor also blasted Murray for experimenting on the pop star with the operating-room anesthetic propofol to help him battle debilitating insomnia, even though the drug was never meant to be used in a private home. Some experts say the revelations made the King of Pop look more like a regular person coping with a difficult challenge. "In the final analysis, not a lot of damage was done," Jackson biographer J. Randy Taraborelli said. "I think the trial humanized Michael Jackson. It presented him as a human being with problems." As evidence unfolded, "It definitely made our hearts go out to Michael Jackson. He was a person suffering a great deal and not getting the help he needed," the author said. Taraborelli said the entertainer's family, fans and estate executors were concerned before the trial that testimony would paint Jackson as responsible for his own death while resurrecting past accusations of child molestation and bizarre behavior by the King of Pop. But the judge limited testimony and evidence to Jackson's final months and specifically ruled out any mention of the 2005 molestation trial. Thomas Mesereau Jr., the attorney who won Jackson's acquittal in that case, believes the Murray trial did damage Jackson's reputation but said the impact would likely be short term. "It certainly didn't help to have all this testimony about drug use," Mesereau said. "But as time passes, people will focus more on his music and the negatives will fade." While Murray was ultimately shown to be negligent, the portrait of his patient that emerged during the trial was one of an aging superstar desperate to cement his place in entertainment history while providing a stable home life for adored children, Paris, Prince and Blanket. The image of Jackson as a caring father had never been illustrated quite so vividly. A probation officer who interviewed Jackson's mother, Katherine, said she told him: "Michael Jackson was his children's world, and their world collapsed when he left." A leading expert on the licensing and branding of dead celebrities believes the trial engendered so much sympathy for Jackson that in the long run it will eclipse negative fallout from his past. "I don't think any tawdry revelations that may have come out of the trial will have any impact on his lasting legacy," said Martin Crebbs, who is based in New York. "We as a society tend to give everyone a second chance. Michael's legacy will be like Elvis and the Beatles. It will be his music, his genius. and his charitable works " Crebbs has represented the estates of such deceased luminaries as Mahatma Gandhi, Albert Einstein, Steve McQueen and Mae West. He is not involved in the Jackson estate but praised its executors' efforts. Beginning with the rapid release of the concert movie, "This Is It," he said, "They have done a brilliant job of reminding us of Michael's genius." Taraborelli also cited the film based on rehearsals for Jackson's ill-fated concerts as a spectacular move setting the stage for a posthumous comeback of the Jackson entertainment empire. "It made you want to embrace him," said the author of "Michael Jackson: The Magic and the Madness." Jackson's eccentricities and bizarre behavior often made headlines. Whether it was traveling with a chimp named Bubbles, sleeping in a hyperbaric chamber or dangling his baby Blanket off a balcony, he managed to alienate many people. The molestation trial pushed him further from the mainstream. "That all ended on the day the news was announced that Michael was dead," said Lance Grode, a former music executive and onetime attorney for Jackson who now teaches legal issues in music at University of Southern California. "The public decided they prefer to remember Michael as this great superstar and music prodigy and to forgive and forget any negative things they had heard over the last 10 or 15 years," Grode said. "Nothing came out at the trial that was nearly as bad as things they had heard in the past." Grode said evidence of public acceptance is seen in the Jackson estate's ability to generate a half-billion dollars in the wake of his death. The Cirque show, which launched in Canada, is slated for 150 dates across North America through July and expected to run through 2014 internationally. The permanent Las Vegas show is due in 2013. The year he died, Jackson sold 8.3 million albums in the U.S. — nearly twice as many as second-place Taylor Swift — and "This Is It became the highest-grossing concert film and documentary of all time. Joe Vogel, author of a new book on Jackson's music, and others said the most shocking part of the Murray trial was the playing of a recording of a drugged Jackson slurring his words while dreaming aloud about his future concert and his plans to build a fantastic state of the art children's hospital. Vogel said the recording, found on Murray's cell phone, reveals the dark side of Jackson's world. "Michael had a difficult life. He said once that you have to have tragedy to pull from to create something beautiful and inspiring. And that's what he did. His music has staying power," Vogel said. Rich Hanley, a pop culture specialist who teaches journalism at Connecticut's Quinnipiac University, said Jackson had "complexities on top of complexities." "There may be collateral damage to his reputation from the trial. His inner sanctum was penetrated for the first time," he said. However, "his music is eternal. It brings universal joy to people and will continue as much as Elvis' work continues to attract new fans even though he's been gone for generations," Hanley said.


Michael Jackson legacy expected to thrive despite shadow of drug abuse cast at doctor’s trial
(Rusty Kennedy, File/Associated Press) -

The private world of Michael Jackson, fiercely shielded by the superstar in life, was exposed in the trial of Dr. Conrad Murray. But rather than suffering damage from revelations of drug use, experts say Jackson’s legacy and posthumous earning power may be enhanced by disclosures of his hidden anguish and victimization by a money hungry doctor.

Updated: Thursday, December 1, 4:57 PM

LOS ANGELES — The private world of Michael Jackson, fiercely shielded by the superstar in life, was exposed in the trial of Dr. Conrad Murray. But rather than suffering harm from revelations of drug use, experts say Jackson’s legacy and posthumous earning power will survive any damage done and could actually grow after he was portrayed as a victim of a money-hungry doctor. Jackson died before he could launch a series of highly anticipated comeback concerts in London as he tried to regain the towering status he enjoyed when he released the “Thriller” album in 1983. 0 Comments Weigh In Corrections? inShare But his death did breathe new life into record sales and boosted other projects to generate hundreds of millions of dollars for his estate, even as his already tarnished personal life took another hit by revelations about his drug use. Jackson zoomed to the top of the Forbes Magazine list of highest earning dead celebrities and his executors are moving quickly on more projects designed to burnish the performer’s image and expand the inheritance of his three children. A Cirque du Soleil extravaganza, “Michael Jackson: The Immortal World Tour” opens in Las Vegas this weekend, a precursor to a permanent installation at the Mandalay Bay Hotel, and fans are expected to flock there for a “Fan Fest” exhibit of Jackson memorabilia. After the trial, a judge made it clear that the defense effort to cast Jackson as the villain in the case had been a miserable failure. Murray was convicted of involuntary manslaughter, called a reckless opportunist and sentenced to the maximum four years in prison. Judge Michael Pastor also blasted Murray for experimenting on the pop star with the operating-room anesthetic propofol to help him battle debilitating insomnia, even though the drug was never meant to be used in a private home. Some experts say the revelations made the King of Pop look more like a regular person coping with a difficult challenge. “In the final analysis, not a lot of damage was done,” Jackson biographer J. Randy Taraborelli said. “I think the trial humanized Michael Jackson. It presented him as a human being with problems.” As evidence unfolded, “It definitely made our hearts go out to Michael Jackson. He was a person suffering a great deal and not getting the help he needed,” the author said. Taraborelli said the entertainer’s family, fans and estate executors were concerned before the trial that testimony would paint Jackson as responsible for his own death while resurrecting past accusations of child molestation and bizarre behavior by the King of Pop. But the judge limited testimony and evidence to Jackson’s final months and specifically ruled out any mention of the 2005 molestation trial. Thomas Mesereau Jr., the attorney who won Jackson’s acquittal in that case, believes the Murray trial did damage Jackson’s reputation but said the impact would likely be short term. “It certainly didn’t help to have all this testimony about drug use,” Mesereau said. “But as time passes, people will focus more on his music and the negatives will fade.”


I stumbled upon this video from serentyxdreams from May 2011, found it interesting and wondered if you have seen it as well.

Part One
video deleted/removed

PART TWO

video deleted/removed

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:54 am

posted by The Fairy on Friday, December 2nd 2011

Like I posted in "Doctor Related Cases" thread, the media is giving attention to the drugs doctors prescribe to their patients...

Here we have John Walsh interviewed by Piers Morgan on CNN:

Watch vid at:

http://piersmorgan.blogs.cnn.com/2011/11/30/clips-from-last-night-herman-cain-reassessing-conrad-murray-verdict/?hpt=pm_bn3

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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 9:57 am

posted by The Fairy on Tuesday, December 6th 2011

From "The Moscow Times":
Gloria Gaynor Tries To Survive That Song
06 December 2011
By Alexander Bratersky


“The song has definitely taken on a life of its own,” Gaynor says. People use it for deaths, illnesses and worries.

Disco queen Gloria Gaynor will perform at Crocus City Hall on Wednesday — and yes, she will sing that song — but the 63-year-old singer has plenty more hits for a Russian audience that has taken her to its heart.

“It’s wonderful that I have become so popular in Russia in the last few years,” Gaynor told The Moscow Times in an interview on the eve of her concert in Russia. “I have performed for Russians in America, in Italy and in Germany. It’s a kind of love affair going on.”

Gaynor is best known for her disco anthem “I Will Survive,” a Grammy Award-winning song that Rolling Stone magazine named one of the 500 greatest songs of all time.

The song has been covered by many other artists including Diana Ross and “The Muppet Show’s” Miss Piggy, but it is most associated with Gaynor.

The original is about a woman surviving a painful breakup and finding the strength to go on. It is this story that has made it a favorite of hen nights and karaoke squawking, but the one audiences will hear Tuesday is one that has a new line, reflecting Gaynor’s conversion to Christianity in the early 1980s.

“I will survive; He gave me life; I stand beside the Crucified One,” Gaynor sings now.

“I always sing that line because I always want people to know there is my strength to survive and that power is available to them as well,” Gaynor said.

The song was actually a B-side when released in 1978 until a DJ in Boston noticed its power and quickly made it a hit.

One of her most memorable performances of the song was at a concert for Michael Jackson in 2001 to celebrate 30 years in show business.

“I found Michael to be very warm and generous human being and a very dedicated person,” she said. “I was very sad by what happened to him, and I think this guy should have gotten the maximum.”

Gaynor was referring to Jackson’s doctor Conrad Murray, who was sentenced to four years for involuntary manslaughter last week.

Gaynor has been to Russia a number of times and even duetted with pop singer Larisa Dolina on Russian television singing, what else, “I Will Survive.”

“The song has definitely taken on a life of its own, and people use it to get through all of life’s difficulties — deaths, illnesses, job problems, family issues,” she said.

Gaynor has admitted that she “feels sad,” though, when people can only recall “I Will Survive” as one of her songs. “‘Never Can Say Goodbye,’ ‘Reach Out, I’ll Be There’ — there are many other great songs that I want people to remember,” she said.



Read more: http://www.themoscowtimes.com/arts_n_ideas/article/gloria-gaynor-tries-to-survive-that-song/449316.html#ixzz1fkBjYq7D

She mentions that one of her more memorable performances of the song "I Will Survive" was when she performed it for Michael...

I found the vid on You Tube... just listens to what she says to Michael in the middle of the song...

To the bad guys out there, MsFlyingFairy just wants to say:

"In your face!"


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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:00 am

posted by mjmtc on Saturday, December 10th 2011
CSi: Crime Scene iPhones Yield Forensic Evidence, Confusion About Data Handling

BY Karen A. FrenkelWed Nov 23, 2011


Comments about the trial - Page 7 Inline-mugshot-phone-crime

During the trial of Dr. Conrad Murray concerning the death of pop icon Michael Jackson, prosecutors used Dr. Murray's iPhone to collect forensic evidenc.

The evidence, which included a recording of Jackson speaking in a slurred manner, was gathered by DEA computer forensics examiner Stephen Marx. It helped prosecutors make the case that Murray veered significantly from acceptable medical practice. Through the iPhone, Marx found digital medical charts thought to be non-existent, as well as emails Murray sent hours before Jackson died on June 25, 2009.

And yet, according to several high-tech forensic experts, there is plenty of confusion among those who work in law enforcement in terms of what smartphone and tablet data can be captured and analyzed, how to do that correctly, and how reliable the information is--particularly GPS location data.

Mark McLaughlin of Los Angeles-based Computer Forensics International, who has 14 years of experience as a computer forensics examiner, says few understand that "digital evidence is very fragile." During the past 18 months, while working on many criminal defense cases, he has seen law enforcement use flawed procedures. "They are collecting data in an invasive manner," he says, "which means they're changing the original piece of evidence." They don't have extensive training or experience, according to McLaughlin, "and they can just go out an buy software and call themselves ‘examiners.'" In court he has proven that some have unwittingly altered data when copying it from a smartphone. "It all starts with a good forensic copy," he says, "and if you don't have that, everything you do after is suspect."

Furthermore, attorneys and judges are generally unaware of the extent to which experts can recover such evidence, McLaughlin says. "I teach continuing legal education courses for them so they can understand computer forensics and get up to speed, so they know when something goes awry," he says. "We try to explain in very simple terms. Most are clueless, but not in a bad way. They just don't know."

A professor of math and computer science at the John Jay College of Criminal Justice at the City University of New York, Ping Ji, says the state of the art of smartphone forensics today is "in its infancy." Evidence sometimes is hard to seize, and procedures for acquiring it from smartphones are quite different from getting evidence from a computer, she notes. For example? "[Investigators] shouldn't shut down right away or remove the battery, because [they] may lose some evidence."

Surprisingly, John Jay's Masters Program on Forensics Computing does not yet cover smartphones and tablets. Because today's mobile devices are smart enough to let users access the Internet through network providers as well as wireless systems, like Wi-Fi, Ji is considering proposing a course on wireless network forensics or wireless network security, which would have a component on smartphone systems.

Lee Reiber, Director of Mobile Forensics at Access Data, in Lindon, UT--providers of digital investigations and litigation support tech and services--can see two extremes among the law enforcement officers he trains. Some bypass gathering data because it's too hard and they don't have the training. "It's bizarre that right now this is so brand new to law enforcement people, which sometimes is a little scary," he says. "It's crazy because the smoking gun might be in that device."

To the other extreme, students already trained in computer forensics mistakenly assume their training applies to smartphones. "That mindset hurts the examination," says Reiber. "How you process smartphones and attack data on a computer are far, far different. Overcoming that is hard. Starting from square one is frustrating for them."

One difference between computer and smartphone forensics is that it is impossible to copy data from smartphones that are turned off, whereas disc drives just sit there. Examiners therefore isolate the phones in a Faraday Box (a.k.a. Faraday cage or shield), which blocks network access and inhibits signals. Alternatively, examiners can remove the portable memory chip known as the Subscriber Identity Module, or SIM card.

But the biggest challenge is time, Reiber says. "You have to have lots of patience with a mobile device," he says. "Examiners can just extract phonebook contacts, calendars, text messages, multi-media mobile messages, and pictures. But if they choose to dig in, they can find far more information, like geo tags, passwords, where the owner surfed, Google searches, and what type of information they were looking for...But law enforcement is typically only getting the low-hanging fruit, asking 'What can I get right now based upon the time I'm given to do it?' [That's] push-button forensics."

Reiber estimates that law enforcement professionals only acquire 10% of the data that's relevant and available on iPhones and iPads, and similar devices, but failing to harvest other important, digital artifacts. He also acknowledges, sympathetically, that in this economic climate, officers often have trouble getting funds for equipment, software, and training.

Some companies sell forensic software tools for $5,000 to $8,000 and require yearly payments of 50% of the original cost, he says. With training, that's very costly for a small agency.

There are federal and state grants and training programs available from the likes of the National Computer Forensics Institute (NCFI) in Hoover, Ala., which is part of the U.S. Secret Service, and the Federal Law Enforcement Training Center (FLETC) in Brunswick, GA, which is part of Homeland Security. But they can be hard to obtain, and the federal agencies that govern them must recommend the students.

Is the usefulness and nature of smartphone data over-rated?

A suspect's past locations can be determined by downloading photos they took with their iPhone onto mapping software, Reiber says. Coupled with geo-tags embedded in the picture, this gives examiners the latitude and longitude to tell where the shot was taken, he says. That's a "fantastic piece of evidence," Reiber says. But as a counterpoint, see last April's IEEE Spectrum piece by Purdue University Professor of Cyber Forensics Richard Mislan. In it, he argues that iPhone location data are designed to improve location identification, not to track it.

The iPhone "relies on multiple technologies to determine its location--satellites, Wi-Fi hotspots, and cell towers combined depending on their availability," Mislan wrote. "This hybrid method is very inaccurate in rural areas, though is usually slightly better in urban areas. And while someone analyzing the collected data can often identify a basic route, it's usually only accurate to within five to ten miles." Mislan concluded that "Law enforcement agencies will continue to use the iPhone location data and other related intelligence for corroborating information about where phone users have been originally obtained from other sources, but...relying on the iPhone data as evidence itself may be a crime."

Looking at only one piece of electronic evidence is insufficient, admits Reiber. He recommends examining suspects' smartphones as well as their personal computers, in case they synched their phone with their computer or sent text messages and pictures to their computer from their phone. "Together, the case is complete and I have enough information to put people in jail forever because I collectively took data from all these different pieces. If I look at them separately, I can't put anything together. Together, I have the crime."


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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:01 am

posted by Nimue on Saturday, December 10th 2011

Quote :
Quote from mjmtc on Saturday, December 10th 2011 @ 4:08 AM

The evidence, which included a recording of Jackson speaking in a slurred manner, was gathered by DEA computer forensics examiner Stephen Marx. It helped prosecutors make the case that Murray veered significantly from acceptable medical practice. Through the iPhone, Marx found digital medical charts thought to be non-existent, as well as emails Murray sent hours before Jackson died on June 25, 2009.

Mark McLaughlin of Los Angeles-based Computer Forensics International, who has 14 years of experience as a computer forensics examiner, says few understand that "digital evidence is very fragile." During the past 18 months, while working on many criminal defense cases, he has seen law enforcement use flawed procedures. "They are collecting data in an invasive manner," he says, "which means they're changing the original piece of evidence." They don't have extensive training or experience, according to McLaughlin, "and they can just go out an buy software and call themselves ‘examiners.'" In court he has proven that some have unwittingly altered data when copying it from a smartphone. "It all starts with a good forensic copy," he says, "and if you don't have that, everything you do after is suspect."
Hummm... What does it mean?

Could that the phone calls and slurred speech be fake?
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:02 am

posted by ElkeHassell on Monday, December 19th 2011

Story All Best and Worst Lists People Who Mattered

Dr. Conrad Murray


By Nick Carbone Wednesday, Dec. 14, 2011

Dr. Conrad Murray waited 82 minutes before calling paramedics when he found Michael Jackson's lifeless body on June 25, 2009. It may have been those minutes that sealed his fate. The 58-year-old cardiologist was Jackson's personal physician, helping the pop singer prepare for his This Is It comeback tour. To that end, Murray was present up to six days a week to treat Jackson's chronic insomnia.

Murray admitted to authorities that he administered a cocktail of drugs to Jackson that fateful evening, culminating with a dose of hospital-grade anesthetic Propofol. He was charged with involuntary manslaughter on February 8, 2010. But it wasn't until this fall that he finally faced a jury. The trial opened on September 27 to a predictable media circus. Witnesses from doctors to Jackson's bodyguards relived the days surrounding the King of Pop's death. The jury learned that Jackson's kids were in the room as their father died, and that Murray used a number of aliases to procure medications for him. Perhaps the most chilling moment came when the prosecution played a 2-minute audio recording of a slurring, heavily sedated Jackson after receiving a drug injection from Murray.

Murray himself didn't take the stand, though he did proclaim his innocence in an MSNBC documentary: "I don't feel guilty because I did not do anything wrong." But Murray's defense — that Jackson administered the fatal dose of Propofol while the doctor was out of the room — didn't sway the jury, which wrapped up the six-week hearing on November 7 when they found Murray guilty of involuntary manslaughter. As the verdict was read, there was a shriek from the gallery, and the crowds cheering the verdict outside were much more raucous.

On November 29, Murray was sentenced to four years in prison. He's currently behind bars at the Los Angeles County Jail, in isolation because of his notoriety; but because of credit for good behavior and overcrowding in California's prisons, he may serve fewer than two years.

He is also considering an appeal and has requested a public defender, saying he couldn't afford to pay a lawyer himself.


Read more: http://www.time.com/time/specials/packages/article/0,28804,2101745_2102309_2102675,00.html #ixzz1h347fB5Q
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:05 am

posted by The Fairy on Wednesday, February 1st 2012

In my videos I have talked a lot about the connection between the news media, politicians and the justice system. Here is one more person with a law degree, who decided to work for the news media and now runs for City Council... (this is part of an article about all the seven candidates) and who was the TV producer for Murray's trial

Meet the 2012 City Council candidates

Published:
Wednesday, February 1, 2012 10:20 AM PST


Seven candidates, including one incumbent, are vying to fill three spaces on the five-member Malibu City Council...


Comments about the trial - Page 7 Hans_l10
Hans Laetz has lived in Malibu for 15 years with his wife and three daughters. He has a law degree, but says he mostly wanted to teach journalism. He worked at CBS News, KCBS, KTLA and KABC television as an assignment editor and news operations manager for 25 years. Last fall he was the TV producer for the Conrad Murray trial at the L.A. Criminal Courts Building. He is currently the weekend news editor at City News Service in Los Angeles.
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:08 am

posted by Elke Hassell on Friday, January 13th 2012

LA County Prosecutors To Receive National Award

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Next Tuesday, my friends and colleagues at the Center for Lawful Access and Abuse Deterrence (CLAAD, @claad_coalition) will recognize Los Angeles County Deputy District Attorneys David Walgren and Deborah Brazil for their excellence in the prosecution of Dr. Conrad Murray. CLAAD is a national coalition dedicated to preventing prescription drug diversion, misuse, and abuse.

CLAAD will commend the LA County prosecutors for their national leadership in implementing the policy recommendations set forth in the National Prescription Drug Abuse Prevention Strategy (of which I am a primary author). The National Strategy urges prosecutors to exercise moderation and to analyze facts in prescription drug cases from a medical perspective. Some 30 non-profit organizations have endorsed this year’s National Strategy.
CLAAD will issue a news release on Tuesday, Jan. 17. If you are interested in obtaining information about the award before then, please e-mail info[at]claad[dot]org.
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PostSubject: Re: Comments about the trial   Comments about the trial - Page 7 Empty12th October 2013, 10:15 am

posted by Elke Hassell on Tuesday, March 6th 2012

2012 California Lawyer Attorneys of the Year

We honor 55 lawyers for their extraordinary achievements in 2011.

by the staff of California Lawyer | March 2012

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With this year's CLAY Awards, we recognize lawyers throughout the state whose legal work made a significant impact in 2011. They include state and county prosecutors, sole practitioners, and lawyers from large international firms. The awards identify 25 accomplishments in 19 areas of legal practice, ranging from criminal law and intellectual property to personal injury, and appellate work at the California Supreme Court, the Ninth Circuit, and the U.S. Supreme Court. These victories reflect the breadth and depth of the work performed by California lawyers. Congratulations to all the winners.

Appellate Law
Comments about the trial - Page 7 Boutrous_theodore
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher
Los Angeles

The moment oral argument ended last March in Wal-Mart Stores, Inc. v. Dukes, it was clear that Boutrous was going to win big at the U.S. Supreme Court. The only question was how many votes he would get. The justices ruled unanimously in favor of his client, Wal-Mart, to deny class certification to 1.5 million women employees who said they were discriminated against in the workplace. The June decision reversed the Ninth U.S. Circuit Court of Appeals, which held in 2010 that the claims for back pay could proceed (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011)). Although the Court's vote was unanimous, Justice Antonin Scalia's majority opinion - which four other justices joined - went further, making clear that in the future plaintiffs attorneys will have a harder time certifying huge class actions against big companies. Scalia stressed the need for "commonality" of claims. In other words, the bigger the company and the more its authority is decentralized around the country, the harder it will become to certify a nationwide class action. "Because respondents provide no convincing proof of a company-wide discriminatory pay and promotion policy," Scalia wrote, "we have concluded that they have not established the existence of any common question." The minority opinion, written by Justice Ruth Bader Ginsburg, stated that the plaintiffs should have had the opportunity on remand to show that common questions of fact predominated under Rule 23(b)(3). The ruling's ramifications have already been felt in other cases, with big companies having an easier time defeating class certification. They have Boutrous to thank.

Appellate Law
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Martin N. Buchanan
Law Offices of Martin N. Buchanan
San Diego

Sole practitioner Buchanan won a unanimous U.S. Supreme Court decision holding that a seat-belt defect claim under state common law was not preempted by federal motor vehicle safety regulations (Williamson v. Mazda Motor of America, Inc., 131 S. Ct. 1131 (2011)). The case was brought by the family of a woman who died after an auto accident from abdominal injuries caused by a lap-only belt installed in an aisle seat of a Mazda minivan. Mazda asserted in a demurrer that the state-law claims were preempted by a National Highway Traffic Safety Administration (NHTSA) standard (since revised) that had given manufacturers a choice of installing either a simple lap belt or a lap-and-shoulder belt on any aisle seats in a van. The trial court sustained the demurrer, and the court of appeal affirmed the judgment in 2008. When the California Supreme Court denied review, Buchanan filed a petition for certiorari with the U.S. Supreme Court. But with no conflicts among the federal circuits on the preemption issue, he chose to argue that the lower courts had simply misinterpreted a section of the 1966 National Highway Safety Act that explicitly preserves state common law actions. In 2009 the U.S. Supreme Court issued a "call for views of the solicitor general." Buchanan and trial counsel David R. Lira of Girardi & Keese in Los Angeles then presented their case at a meeting with representatives of the Department of Justice, the Department of Transportation, and the NHTSA. Subsequently, the federal agencies submitted a joint brief urging the Court to grant review and to find for the petitioners on the merits. With assistance from Allison M. Zieve of the Public Citizen Litigation Group in Washington, D.C., Buchanan organized briefs from the petitioners' amici, including the attorneys general of 23 states and the District of Columbia. He also answered briefs from the respondent's amici, which included the National Association of Manufacturers and the U.S. Chamber of Commerce. The November 2010 oral argument was Buchanan's first appearance before the Court. Justice Stephen Breyer wrote the February 2011 majority opinion holding that the NHTSA regulation does not preempt a state tort action. Justices Sonia Sotomayor and Clarence Thomas wrote concurring opinions. Williamson, the only unanimous preemption case of the Court's entire 2010 term, has been remanded for trial later this year.

Consumer Rights
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Gene J. Stonebarger
Stonebarger Law
Folsom

In a case that reverberated through checkout lines from San Diego to Crescent City, Stonebarger scored a major victory when the state Supreme Court ruled unanimously that retailers violate a state consumer protection statute when they record a customer's zip code at the cash register. The practice had been utilized by retailer Williams Sonoma, which also used customized computer software to perform "reverse searches" that ultimately revealed the customer's home address - information that the company maintained in its database for later use in targeted advertising (Pineda v. Williams-Sonoma Stores, Inc., 51 Cal. 4th 524 (2011)). The information unearthed through the collection of zip code data was also potentially available to other retailers. Stonebarger persuaded the justices to reverse two lower court opinions. The court specifically noted that "the Legislature intended to provide robust consumer protections by prohibiting retailers from soliciting and recording information about the cardholder that is unnecessary to the credit card transaction." Overall, consumers have filed more than 150 related class actions in trial courts around the state in the wake of the Pineda ruling. The decision itself was controversial in the commercial community and sparked immediate calls for a legislative solution to enable certain retailers to gather data to help prevent credit card fraud. Lawmakers responded quickly. In October, the governor signed into law AB 1219, which creates an exception to the Pineda ruling so that gas stations can collect zip code data from card users at the pump. Stonebarger's victory serves as an important reminder that even in this digital age, personal information belongs to the consumer, not the retailer.

Criminal Law
Comments about the trial - Page 7 Brazil_deborahComments about the trial - Page 7 Walgren_david
In the pressure cooker of a trial under TV lights and with a mob of music fans outside the courthouse, Brazil and Walgren scored a major prosecution victory in one of the most closely watched criminal cases of the year. The jury's conviction of Dr. Conrad Murray of involuntary manslaughter in the drug death of the "King of Pop," Michael Jackson, came after 49 witnesses and 23 days of trial spread over six weeks. More than 2,200 reporters from around the world obtained credentials to cover the proceedings - more than for the O. J. Simpson and Scott Peterson murder trials, combined. The scientific challenges of the trial required the prosecutors to become experts in anesthesiology and the proper use of the drug propofol, which was found at high levels in Jackson's system after his death. Propofol is commonly used during surgery, but Murray administered it as an at-home sedative for Jackson. During the trial, Walgren questioned most of the prosecution's 33 witnesses. He also handled both the opening statement and closing argument. Though both Brazil and Walgren have significant experience with homicide cases, a death from propofol toxicity was unknown to them and to the coroner's office. Lead trial lawyer Walgren focused on the science, presenting a clear picture to jurors that Murray had been infusing Jackson with propofol nightly for weeks to help him sleep, even though the doctor was not well trained in its use and failed to monitor Jackson once the drug was administered. Brazil presented witnesses at trial and helped to devise the county's legal strategy.



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posted by Elke Hassell on Friday, March 23rd 201

And now for something real funny

http://twitter.com/#!/ElephantinCourt/status/183031395399114752/photo/1

ElephantinCourtRoom ‏ @ElephantinCourt
Follow

Congralutaltions to @TheChernoff - He just landed a The TEMPUR-PEDIC BED commercial!! http://pic.twitter.com/hcaAjEud


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