Nearly seven months after Michael Jackson's death stunned the world, the official investigation of his death is edging toward conclusion with prosecutors prepared to seek an indictment of Jackson's doctor on a charge of involuntary manslaughter, The Associated Press has learned.
The fate of Dr. Conrad Murray has been the subject of speculation since he found Jackson unconscious in his home in Los Angeles last June. Jackson was preparing for a strenuous concert comeback in London, and Murray, a cardiologist, had been hired as his personal physician for the tour.
A law enforcement source who spoke on condition of anonymity because the investigation remains open said Friday that Murray would be prosecuted on a theory of gross negligence alleging that his treatment of Jackson was an extreme departure from the standard of care normally followed by physicians.
The coroner has ruled Jackson's death at age 50 was a homicide caused by acute intoxication by the powerful anesthetic propofol, with other sedatives a contributing factor.
Propofol depresses breathing and heart rate while lowering blood pressure, so it's supposed to be administered by an anesthesia professional in a medical setting.
The singer died after Murray administered propofol and two other sedatives to get the chronic insomniac to sleep, court documents state. Murray told police he left the room to use the bathroom, and phone records show he also made calls for 47 minutes around the time Jackson encountered problems.
When Murray realized Jackson was unresponsive, he began frantic efforts to revive him, but Jackson never regained consciousness.
The coroner found the propofol was administered to Jackson without any medical need and that recommended resuscitation equipment was missing.
As the police investigation neared an end, criminal attorney J. Michael Flanagan said Friday he had been hired to join Houston attorney Edward Chernoff in representing Murray.
In addition, Chernoff released a statement saying he had not received notice that a grand jury was hearing the case or inviting Murray to testify.
Chernoff spokeswoman Miranda Sevcik said earlier that Murray neither prescribed nor administered anything that should have killed Jackson.
Flanagan previously worked in the media spotlight representing Britney Spears in a hit-and-run case. He said he tried a propofol case several years ago, representing a nurse who was acquitted after it was shown she played no role in administering propofol to a patient who died.
Flanagan said there was a difference between a nurse's role and "a very sophisticated doctor making a medical judgment."
To prove gross negligence, he said, prosecutors would have to show a conscious indifference for life.
"This trial could end up being a trial of medical practice," he said. "The question is what discretion does a doctor have to treat a patient, and if a doctor makes a mistake, is it a crime?"
Jackson family spokesman Jesse Derris said he had no immediate comment from the family.
A final legal action could be weeks away, after the case is formally transferred to the district attorney's office by the Los Angeles Police Department. If a grand jury indictment is sought, secret hearings would be held, and the panel would have the final decision on possible charges.
An involuntary manslaughter conviction carries a potential sentence of two to four years in prison.
The district attorney's office is waiting for Los Angeles police to turn over the case before presenting it to a grand jury, the source said.
However, a spokeswoman for the district attorney's office denied that any decisions have been made.
"We have been working closely with the Los Angeles police during the pendency of this investigation," spokeswoman Sandi Gibbons said. "There is no case before us at present, and no final decision has been made."
To prove a charge of involuntary manslaughter, authorities must show there was a reckless action that created a risk of death or great bodily injury. If a doctor is aware of the risk, there might also be an issue of whether the patient knows that risk and decided to take it.
A large number of witnesses have been interviewed by police, including those who were present during Jackson's last days and those who worked with him in preparation for his comeback concert, "This Is It."
Authorities have also lined up medical expert witnesses to testify about the normal standard of care in a situation such as Jackson's and to give opinions on why Murray's actions constituted gross negligence, the source said.
Murray's professional history is expected to be explored during a trial with an emphasis on whether he had the required expertise in administering propofol.
The timing of an indictment would be dictated by two factors — how long it takes for the district attorney's office to conduct an internal review of the evidence and when the grand jury will be available to hear the case.
The person said it was thought that it would be more efficient to go to a grand jury than to charge Murray and proceed by way of a preliminary hearing. A presentation to the grand jury where witnesses testify behind closed doors could take three to five days.
The fate of Dr. Conrad Murray has been the subject of speculation since he found Jackson unconscious in his home in Los Angeles last June. Jackson was preparing for a strenuous concert comeback in London, and Murray, a cardiologist, had been hired as his personal physician for the tour.
A law enforcement source who spoke on condition of anonymity because the investigation remains open said Friday that Murray would be prosecuted on a theory of gross negligence alleging that his treatment of Jackson was an extreme departure from the standard of care normally followed by physicians.
The coroner has ruled Jackson's death at age 50 was a homicide caused by acute intoxication by the powerful anesthetic propofol, with other sedatives a contributing factor.
Propofol depresses breathing and heart rate while lowering blood pressure, so it's supposed to be administered by an anesthesia professional in a medical setting.
The singer died after Murray administered propofol and two other sedatives to get the chronic insomniac to sleep, court documents state. Murray told police he left the room to use the bathroom, and phone records show he also made calls for 47 minutes around the time Jackson encountered problems.
When Murray realized Jackson was unresponsive, he began frantic efforts to revive him, but Jackson never regained consciousness.
The coroner found the propofol was administered to Jackson without any medical need and that recommended resuscitation equipment was missing.
As the police investigation neared an end, criminal attorney J. Michael Flanagan said Friday he had been hired to join Houston attorney Edward Chernoff in representing Murray.
In addition, Chernoff released a statement saying he had not received notice that a grand jury was hearing the case or inviting Murray to testify.
Chernoff spokeswoman Miranda Sevcik said earlier that Murray neither prescribed nor administered anything that should have killed Jackson.
Flanagan previously worked in the media spotlight representing Britney Spears in a hit-and-run case. He said he tried a propofol case several years ago, representing a nurse who was acquitted after it was shown she played no role in administering propofol to a patient who died.
Flanagan said there was a difference between a nurse's role and "a very sophisticated doctor making a medical judgment."
To prove gross negligence, he said, prosecutors would have to show a conscious indifference for life.
"This trial could end up being a trial of medical practice," he said. "The question is what discretion does a doctor have to treat a patient, and if a doctor makes a mistake, is it a crime?"
Jackson family spokesman Jesse Derris said he had no immediate comment from the family.
A final legal action could be weeks away, after the case is formally transferred to the district attorney's office by the Los Angeles Police Department. If a grand jury indictment is sought, secret hearings would be held, and the panel would have the final decision on possible charges.
An involuntary manslaughter conviction carries a potential sentence of two to four years in prison.
The district attorney's office is waiting for Los Angeles police to turn over the case before presenting it to a grand jury, the source said.
However, a spokeswoman for the district attorney's office denied that any decisions have been made.
"We have been working closely with the Los Angeles police during the pendency of this investigation," spokeswoman Sandi Gibbons said. "There is no case before us at present, and no final decision has been made."
To prove a charge of involuntary manslaughter, authorities must show there was a reckless action that created a risk of death or great bodily injury. If a doctor is aware of the risk, there might also be an issue of whether the patient knows that risk and decided to take it.
A large number of witnesses have been interviewed by police, including those who were present during Jackson's last days and those who worked with him in preparation for his comeback concert, "This Is It."
Authorities have also lined up medical expert witnesses to testify about the normal standard of care in a situation such as Jackson's and to give opinions on why Murray's actions constituted gross negligence, the source said.
Murray's professional history is expected to be explored during a trial with an emphasis on whether he had the required expertise in administering propofol.
The timing of an indictment would be dictated by two factors — how long it takes for the district attorney's office to conduct an internal review of the evidence and when the grand jury will be available to hear the case.
The person said it was thought that it would be more efficient to go to a grand jury than to charge Murray and proceed by way of a preliminary hearing. A presentation to the grand jury where witnesses testify behind closed doors could take three to five days.
There comes a time when we heed a certain call
When the world must come together as one
There are people dying
And it's time to lend a hand to life
The greatest gift of all
We can't go on pretending day by day
That someone, somewhere will soon make a change
We are all a part of God's great big family
And the truth, you know,
Love is all we need
We are the world, we are the children
We are the ones who make a brighter day
So let's start giving
There's a choice we're making
We're saving our own lives
It's true we'll make a better day
Just you and me
Send them your heart so they'll know that someone cares
And their lives will be stronger and free
As God has shown us by turning stones to bread
So we all must lend a helping hand
When you're down and out, there seems no hope at all
But if you just believe there's no way we can fall
Let us realize that a change can only come
When we stand together as one
When the world must come together as one
There are people dying
And it's time to lend a hand to life
The greatest gift of all
We can't go on pretending day by day
That someone, somewhere will soon make a change
We are all a part of God's great big family
And the truth, you know,
Love is all we need
We are the world, we are the children
We are the ones who make a brighter day
So let's start giving
There's a choice we're making
We're saving our own lives
It's true we'll make a better day
Just you and me
Send them your heart so they'll know that someone cares
And their lives will be stronger and free
As God has shown us by turning stones to bread
So we all must lend a helping hand
When you're down and out, there seems no hope at all
But if you just believe there's no way we can fall
Let us realize that a change can only come
When we stand together as one
Sadness had been
Close as my next of kin
Then happy came one day
Chased my blues away
My life began when happy smiled
Sweet like candy to a child
Stay here and love me just a while
Let sadness see what happy does
Let happy be where sadness was
Happy, that's you
You made my life brand new
Lost as a little lamb was I
Till you came in
My life began when happy smiled
Sweet like candy to a child
Stay here and love me just a while
Let sadness see what happy does
Let happy be there where sadness was
(Till now)
Where have I been
What lifetime was I in
Suspended between time and space
Lonely until happy came smiling up at me
Sadness had no choice but to flee
I said a prayer so silently
Let sadness see what happy does
Let happy be where sadness was
Till now
Happy
Yeah, yeah, happy
Close as my next of kin
Then happy came one day
Chased my blues away
My life began when happy smiled
Sweet like candy to a child
Stay here and love me just a while
Let sadness see what happy does
Let happy be where sadness was
Happy, that's you
You made my life brand new
Lost as a little lamb was I
Till you came in
My life began when happy smiled
Sweet like candy to a child
Stay here and love me just a while
Let sadness see what happy does
Let happy be there where sadness was
(Till now)
Where have I been
What lifetime was I in
Suspended between time and space
Lonely until happy came smiling up at me
Sadness had no choice but to flee
I said a prayer so silently
Let sadness see what happy does
Let happy be where sadness was
Till now
Happy
Yeah, yeah, happy
Girlfriend
I'm gonna tell your boyfriend (yeah)
Tell him (woo hoo)
Exactly what we're doin' (yeah)
Tell him what you do to me
Late at night when the wind is free
Girlfriend
I'm gonna show your boyfriend (yeah)
Show him (woo hoo)
The letters I've been savin' (yeah)
Show him how you feel inside
An' how love could not be denied (oh no)
We're gonna have to tell him
You'll only be a girlfriend of mine
Do-doot-do, etc.
Girlfriend
You better tell your boyfriend (yeah)
Tell him (woo hoo)
Exactly what we're doin' (yeah)
Tell him what he needs to know
Or he may never let you go
Yeah we're gonna have to tell him
You'll only be a girlfriend of mine
Do-doot-do ...... ad lib to fade
I'm gonna tell your boyfriend (yeah)
Tell him (woo hoo)
Exactly what we're doin' (yeah)
Tell him what you do to me
Late at night when the wind is free
Girlfriend
I'm gonna show your boyfriend (yeah)
Show him (woo hoo)
The letters I've been savin' (yeah)
Show him how you feel inside
An' how love could not be denied (oh no)
We're gonna have to tell him
You'll only be a girlfriend of mine
Do-doot-do, etc.
Girlfriend
You better tell your boyfriend (yeah)
Tell him (woo hoo)
Exactly what we're doin' (yeah)
Tell him what he needs to know
Or he may never let you go
Yeah we're gonna have to tell him
You'll only be a girlfriend of mine
Do-doot-do ...... ad lib to fade
All you gotta do is just walk away and pass me by
Don't acknowledge my smile when I try to say hello to you, yeah
And all you gotta do is not answer my calls when
I'm trying to get through
To keep me wondering why, when all I can do is sigh
I just wanna touch you
Chorus
I just wanna touch and kiss
And I wish that I could be with you tonight
You give me butterflies inside, inside and I
All I gotta say is that I must be dreaming, can't be real
You're not here with me, still I can feel you near me
I caress you, let you taste us, just so blissful listen
I would give you anything baby, just make my dreams come true
Oh baby you give me butterflies
Chorus x 2
If you would take my hand, baby I would show you
Guide you to the light babe
If you would be my love, baby I will love you, love you
'Till the end of time
Chorus x 3
Don't acknowledge my smile when I try to say hello to you, yeah
And all you gotta do is not answer my calls when
I'm trying to get through
To keep me wondering why, when all I can do is sigh
I just wanna touch you
Chorus
I just wanna touch and kiss
And I wish that I could be with you tonight
You give me butterflies inside, inside and I
All I gotta say is that I must be dreaming, can't be real
You're not here with me, still I can feel you near me
I caress you, let you taste us, just so blissful listen
I would give you anything baby, just make my dreams come true
Oh baby you give me butterflies
Chorus x 2
If you would take my hand, baby I would show you
Guide you to the light babe
If you would be my love, baby I will love you, love you
'Till the end of time
Chorus x 3