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How Could Michael Jackson's Death Be Manslaughter?
Posted on 2009-07-24 03:00:13
Artist/band(s): Michael Jackson [FB]

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Source: http://www.mtv.com/news/articles/1616826/20090723/jackson_michael.jhtml

Officials are investigating whether Dr. Conrad Murray or others took unnecessary risks by providing medications to singer.By Gil Kaufman

Michael JacksonPhoto: Eamonn McCormack/ WireImage

Several members of Michael Jackson's family have stated that they believe foul play was involved in the singer's death. And on Wednesday, Los Angeles police executed a search warrant on the Houston office of Jackson's personal physician, Dr. Conrad Murray, in connection with an investigation seeking evidence of manslaughter in Jackson's death.

So, what exactly is manslaughter, and who might be charged with it?

If the Jackson case officially turns into a manslaughter probe — no charges have been filed yet, and police and the coroner's office are still conducting investigations — prosecutors would have to provide clear evidence that his doctor, or other health-care providers, acted in a reckless or negligent manner, thereby causing the 50-year-old pop icon's death on June 25.

"Any time you do any lawful act, like the administration of drugs, if you do it in a way that's reckless or indifferent to its consequences, you can be charged with manslaughter," said Los Angeles attorney Harland Braun, who is not connected to the Jackson case, but is best known for successfully defending filmmaker John Landis in 1984 against manslaughter charges connected to three stunt-related deaths on the set of "The Twilight Zone" movie. "It's just like if you're driving recklessly down the street without regard to people's safety. It has to be recklessness more than negligence ... knowing the danger and acting despite that danger."

Unlike a murder charge, manslaughter does not require proof of an intent to kill. In Jackson's case, prosecutors would be looking at whether Murray or another health-care provider took an unnecessary risk by injecting the singer with drugs or providing him with dangerous medication.

A spokesperson for the Los Angeles Police Department said she could only confirm that Murray's office was searched on Wednesday as part of the Jackson death investigation, but not that it was part of a manslaughter probe. A spokesperson for the Los Angeles County Coroner's office did not return calls for comment at press time. Braun said officials must have had some strong evidence in order to get the warrant to search Murray's office. "You have to state that there is a particular crime being investigated and the only one that makes sense here is manslaughter, particularly if they're going to another state to get that search warrant," he said. "It's more than an ethical violation of California laws about the administering of drugs, which are only misdemeanors."

The Los Angeles Times has quoted unnamed law-enforcement sources as saying that there is "plenty of powerful evidence" that Murray administered the anesthetic Propofol to Jackson before his death, and an official from the Drug Enforcement Administration told the paper that Wednesday's warrant specifically mentioned the drug. Vials of the strong intravenously delivered surgical anesthetic, also known as Diprivan, were found in Jackson's home by police, as well as an IV stand and oxygen tanks, though a source told the Times that none was found in Murray's Houston office.

Braun said despite the increased activity — on Wednesday TMZ reported that investigators also visited the office of a former nurse who claimed Jackson begged her for Diprivan — police are likely a long way from making a case that they can send to the district attorney's office for prosecution.

"Every drug has a risk, and if Jackson knowingly participated and made a judgment that he wanted to take this anesthetic, despite the risks, that adds another layer to this case," he said. It's possible the investigation could find that Jackson died accidentally, or that there is not enough evidence to charge anyone in the case. Officials could, however, bring other charges if they can prove that someone helped Jackson obtain prescription medications under an assumed name, or knowingly over-prescribed him with medications. On Thursday (July 23), RadarOnline.com reported that according to a source close to the situation, the Jackson family plans to sue the person or persons responsible for Michael's death, whether or not any arrests are made.

Murray has been interviewed several times by authorities, and they have said he is not a suspect in the case. His lawyer has claimed that Murray did not administer or prescribe the drugs Demerol or OxyContin to Jackson, but has not commented on whether Murray gave Jackson any Propofol. The coroner's final report on the cause of Jackson's death is expected within the next week or so, and the results of that investigation could help determine what, if any, charges are filed.

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