@spendius,
Quote:you have failed to address the question I raised about the possible sentence being too light to do justice to Dr Murray's crimes,
I don't know that the possible sentence will be too light--he can receive up to 4 years, which is about the same sentence someone can receive for felony vehicular manslaughter with negligence in California. I would like to see the sentence be appropriate for the level of the crime. This situation is also complicated by the current over-crowding in California's jails and prisons, which may result in his serving a shorter sentence, but that decision is up to the Dept. of Corrections.
In addition, it is likely that his licenses to practice medical in California, Texas, and Nevada will be revoked, although he can re-apply to have them reinstated at some future time. So, that would be an additional, and significant, punishment for a physician.
Just the fact that he was criminally charged and convicted sends a message to the medical community--the consequences of his negligent actions as a physician were more dire than just requiring him to make a monetary payment, as would be the case in a malpractice or civil wrongful death action, and that will register with the medical community.
I had no feelings, one way or the other, toward Dr. Murray prior to the start of this trial. I had no strong feelings about Michael Jackson either, or about the circumstances surrounding his death. So, the feelings I've expressed in this thread were based on the evidence and arguments I heard presented during the trial, and the jury returned a verdict with which I concur. And I watched a trial I felt was quite fair. I wasn't brainwashed or indoctrinated. I am quite capable of thinking for myself.
Quote:I consider allowing Mr White's statement to remain on the record a litmus test for my contention. If his remark was just an impulsive blurt I'll let him off although professional men in formal settings where a man's freedom and reputation are at stake ought not to be seen engaging with impulsive blurts. It was inadmissible precisely because it was unchallengeable
This whole trial hinged on issues involving appropriate standards of medical care. It was neither inappropriate, nor legally inadmissible, for the prosecutor to have asked this expert witness, an expert chosen by the defense for his knowledge of Propofol, whether he would ever administer that drug to a patient in a home bedroom. Dr. White did not impulsively "blurt" anything out. He reluctantly conceded, under cross-examination, that he would never do such a thing, despite that admission being damaging to the defense, who were paying him for his testimony --he was under oath, and he likely felt compelled to be honest. Just because his personal statement could not be successfully challenged, by the defense--the prosecutor had no reason to challenge it--does not make it legally inadmissible. The defense could have challenged his statement, but why would they want to discredit their own main expert witness on any matter? Your reasoning on this issue doesn't make sense.
Dr. White got himself in trouble with comments he did blurt out while seated in the visitor's section of the courtroom, and with comments he made in violation of a gag order imposed by the judge, and, for that, and he faces a contempt of court hearing this week. But the comments on the witness stand, that you object to, were perfectly legally admissible. Every physician testifying in this case made similar comments on the witness stand. That's how the standard of care, for administration of Propofol was made clear to the jury. Statements made by expert medical witnesses, regarding standards of medical care they follow in their own practice, are most certainly evidence, admissible evidence, and it is up to the jury to decide how much weight they want to give to such evidence--it is the jurors who evaluate the witnesses credibility, not the judge.
BTW, Dr. White, as a defense witness, should never have been sitting in the courtroom when the prosecution medical expert was testifying--one witness is not supposed to hear the testimony of another witness, particularly a witness from the opposing side. No one seems to know why the prosecution allowed him to be there, when they could have rightly objected and had him removed. Being there, listening to the prosecution witness, gave him an unfair advantage--an advantage for the defense. So, if bias operated with regard to Dr. White, it was in favor of the defense. You are barking up the wrong tree.
Quote:did you know that the chief expert witnesses for prosecution and defence are enemies professionally
Not before this trial they weren't--they have had a long friendship, and until this trial mutually respected each other.
White also had a blowup with Ed Chernoff in a courthouse elevator that was so loud, from both parties, it could be overheard by the media and people in the hall--that sort of fighting, in the courthouse, is pretty unheard of--lawyers keep that sort of thing private, and out of earshot of anyone, particularly the prosecution.
And Chernoff had a blowup with Michael Flanagan his co-counsel. They didn't talk to each other the last two weeks of the trial. Flanagan will appear for the sentencing, but then he's done, he will not work on the appeal.
So, there was a lot of emotional turmoil going on within the defense camp.