LOS ANGELES--Prosecutors investigating Michael Jackson’s death plan to file a criminal complaint charging the singer’s doctor with involuntary manslaughter rather than seek a grand jury indictment, the Black Chronicle has learned. That amounts to a strategy shift that will give an eager public an earlier look at evidence.
While there is no public timetable for charges to be filed against Dr. Conrad Murray, there are strong indications the move is imminent.
Dr. Murray and lawyer Edward Chernoff have traveled to Los Angeles from Houston, where Dr. Murray practices, and the attorney said his client is prepared to turn himself in.
“If they tell him to surrender in 10 minutes, he’ll go surrender,” said Mr. Chernoff, who spent several hours meeting with other members of Dr. Murray’s defense team Tuesday.
“He’s never hidden. He’s always been available.”
David Walgren, the deputy Los Angeles County district attorney handling the case, declined to comment.
Michael Jackson, 50, hired Dr. Murray to be his personal physician as he prepared for a strenuous series of comeback performances in London.
His stunning death last June 25 in Los Angeles came after Dr. Murray, tending to Mr. Jackson in the star’s rented mansion, administered the powerful anesthetic, propofol, and two other sedatives to get the chronic insomniac to sleep, according to the Los Angeles County coroner’s office, which ruled the death a homicide.
Propofol is only supposed to be administered by an anesthesia professional in a medical setting.
The patient requires constant monitoring because the drug
depresses breathing and heart rate while also lowering blood pressure, a potentially deadly combination.
Dr. Murray has maintained from the outset that nothing he gave the singer should have killed him.
It wasn’t illegal for him to administer propofol to the pop singer,
though whether he followed proper procedures while Mr. Jackson was under the influence of the drugs is a key part of the case.
To bring a manslaughter charge, prosecutors 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 knew that risk and decided to take it.
Los Angeles Police Department investigators spent months gathering evidence, with detectives talking to numerous medical experts to determine whether Dr. Murray’s behavior, which included talking on his cell phone and leaving the singer’s bedside, fell outside the bounds of reasonable medical practice.
Last month, a law enforcement official said prosecutors had decided to seek a grand jury indictment on an involuntary manslaughter charge.
On Tuesday, a second law enforcement official said prosecutors were sticking with the charge, but planned to file a criminal complaint to avoid the appearance of secrecy in the closely watched case.
Both officials requested anonymity, because they are not authorized to publicly discuss the case.
Grand jury proceedings are secret. A panel meets, hears evidence and then decides whether to return an indictment.
A criminal complaint is a prelude to a public hearing where a judge would weigh testimony from witnesses to decide if there is probable cause to bring a case to trial.
Legal experts debated the reason for the change of strategy.
“It appears they are not too concerned about the dangers of publicity,” said Stan Goldman, criminal law professor at Loyola Law School in Los Angeles. “Maybe they even like the idea.”
Mark Geragos, a private criminal defense attorney who has represented a string of high-profile clients, including Michael Jackson, said the decision suggests prosecutors are unsure they could persuade a grand jury that Dr. Murray was criminally liable for the pop singer’s death.
“This may be one of those rare cases where a grand jury of citizens is not ready to attach criminal liability to the doctor,” Mr. Geragos said. “They may feel they are better off in front of a judge.”
Harland Braun, a celebrity defense attorney who also has represented doctors in court, disagreed, saying the move shows prosecutors are confident their evidence and witnesses could withstand cross-examination and public scrutiny.
“It’s really a test run on a case,” Mr. Braun said. “Both sides get to know what the strengths and weaknesses of the case are.”
