Archive for March, 2010

One this is certain; the future prosecution of Dr. Conrad Murray, the doctor for Michael Jackson, will be intensely litigated and very public if he’s ever actually charged.  Across the nation, headlines read “Michael Jackson Dies,” and many point the finger at this man, his private physician. 

A world famous musician and dancer, Michael Jackson’s songs and videos, including Thriller, have never been more popular.  With so many fans attending Michael Jackson’s public viewing and mourning his death, it is no wonder the district attorney’s office in Los Angeles faces pressure to charge this man if he is responsible.

“First of all, prosecutors have the public on their side.”  Said Darden, prosecutor for the O.J. Simpson case in 1994.  “Many people in Los Angeles are upset with what Dr. Murray did.”  Any good criminal defense attorney is also all too familiar with the powerful role that public opinion can play in court battles.

Darden thinks the prosecution’s case will hinge on the allegations regarding Propofol, a sedative typically used in hospitals rather than in residential settings. It was this drug that was responsible for Michael Jackson’s death; the prosecution will claim it was administered by Murray in a way that was criminally negligent.

Expect prosecutors to line up expert anesthesiologists to support their case.  But he says that a guilty verdict is no easy win here.  The Defense, on the other hand, will use jury selection to find jurors who are not emotionally involved in this case.  One of the best criminal defense attorneys in Los Angeles would suggest to jurists that what happened was wrong, but that it did not rise to the level of a criminal act.

Murray has become the primary focus of the investigation into the death of Michael Jackson on June 25, 2009.  Investigators appear to believe Murray may have injected Jackson with propofol, a hospital-grade anesthetic at approximately midnight.  It is alleged that Murray then left Jackson him unattended.  A search of Jackson’s home also revealed several prescription drugs.

DEA agents and local police searched Murray’s home. According to Murray’s attorney Ed Chertoff, the doctor was home at the time, and was cooperative with investigators in their search.  It is unknown who will take charge of Michael Jackson’s chimp, bubbles.

According to police reports, Murray stated that he found the fifty year old singer in Jackson’s Los Angeles home.  Murray administered CPR,  and requested that an employee of Jackson call 911. In October 2009, the coroner’s office determined that Jackson received an overdose of propofol, as well as benzodiazepine, a powerful sedative.  Both were thought to contribute to Jackson’s death.   A later toxicology screen indicated that several drugs were in Jackson’s body at the time of death.

Murray, whose office in Houston was searched by authorities last week, is already named in court papers as the subject of manslaughter charges related to this case.

Accused of a crime?  The Elden Law Group will help.

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Faced with under-funded state services and a legislature seemingly unable to find the answer to the $20 billion deficit, voters in California voters will have the opportunity to consider one potential cash crop: taxes raised by the legalization of the sale of marijuana for adults at least 21 years old, and smoking marijuana in public or around minors would continue to be prohibited.  Currently, many people in California find themselves needing a criminal defense attorney because of marijuana or other drug related charges.   

 In November, voters will consider the very issue on a ballot measure that would legalize the distribution, possession, and cultivation of marijuana, while regulating and taxing that industry.  Advocates argue that taxing such businesses would raise $1.4 billion annually in tax dollars that could be used to bolster law enforcement and prison budgets that are already strained.

In 1972, a similar effort at legalizing marijuana failed to gain public support.  However, that campaign tried to justify legalization by offering evidence that marijuana was harmless and did not require regulation. 

Today, the campaign offers a different justification: money.    California has been hit hard by the recession, and the state’s budget shortfall has led to cuts in every state agency across the board.  By taxing the sales of marijuana that already take place illegally in an unregulated black market, the people of California as a whole stand to benefit. The law would permit licensed retail markets to sell up to one ounce to a customer. Those sales would be a new and welcome source of sales tax revenue for California.

And the measure enjoys a newfound high in support, with a 2009 Field Poll showing 53 percent of Californians support marijuana legalization.  Dan Newman, a San Francisco-based strategist in support of the measure, said he expects support for the bill to be bipartisan and widespread because Californians are worried about the economy.  “Voters’ No. 1 concern right now is the budget and the economy,” “makeing them look particularly favorably at something that will bring in more than $1 billion a year.”

The language in the law has an “opt out” clause that some cities and local governments might adopt.  Even some advocates, such as the director of the Drug Policy Alliance, imagines a modest implementation of the measure, with most local jurisdictions choosing not to legalize sales.  Yet, such opt-out provisions could reduce the fears that some may have about legalizing behavior they don’t personally condone.  Supporters believe this provision might even result in greater support from non-pot smokers who are yet undecided.  Opponents, such as Frank Schubert agree, stating that “There’s going to be a large sector of the electorate that would never do this themselves that’s going to sort out what the harm would be versus what the supposed good would be; that’s where the election is going to be won.”

In addition, between $10 and $20 million is expected to be raised in support of the proposition.  The primarily source of fundraising is expected to be small donations through the internet.  National groups are already planning to suggest that individuals donate $4.20 each, a nod to the slang name for the drug, “420.”

The state race for governor does not appear to ride on the debate, with all major candidates, including former eBay chief executive Meg Whitman,  insurance commissioner Steve Poizner, and  Jerry Brown all opposing the measure, although for different reasons.

On a national level, although the Obama administration has already indicated it will continue to honor laws in 14 states making the use of medical marijuana legal, it has not said the same about this proposition, which appears to conflict with federal law.   In that case, even if the law passes through a popular vote in California, a user or retailer might find themselves charged with a violation of federal law.  In that case, you would need a federal criminal defense attorney with experience fighting drug-related charges, like the attorneys at Elden Law Group.

Call 1-800-455-6200 for A Free Consultation