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The Jury Won’t Be Sequestered

Yesterday, the judge in Michael Jackson’s murder case—against the defense attorneys’ request—decided that the jurors should not be sequestered.

Concerned about the negative impact of the media, the defense attorneys asked that the jurors be continuously monitored and that any access to media be prevented. But the judge rejected their request, saying he does not want the jurors to feel like they are being held in prison. He said he is confident that the jurors will follow his instructions without any monitoring and will stay away from the media, and that they will ignore any information given to them outside the courtroom proceedings. In addition, the court does not have sufficient budget to carry out such a plan.

The prosecution also believes that sequestering the jurors is unnecessary. The defense attorneys for Conrad Murray have described the trial of the accused murderer as an unusual case: “Without a doubt, Michael Jackson is one of the most well-known figures in the world. His death, his memorial service, and every session of Dr. Murray’s trial have led to unprecedented reactions and media coverage.”

Ad Chernoff, Murray’s defense attorney, asked the judge yesterday to reconsider his initial decision to allow the media to bring recording cameras into the trial sessions. But the judge refused, citing the First Amendment to the U.S. Constitution—one of the amendments in the Bill of Rights—stating that it is illegal for the government to interfere with freedom of speech and the press.

Legal experts interviewed by media outlets expressed different viewpoints. Marsha Clark, a former prosecutor in the O.J. Simpson case, said:

“Experience shows that jurors who have been sequestered issue not-guilty verdicts, and the defense attorneys’ request is reasonable. But in this case, there’s nothing left that anyone doesn’t know. The jar is broken and the blue is spilled. There’s nothing left to hide. What has happened has been said. So sequestering the jurors is not useful.”

Elain Graflo, a medical lawyer who was involved in the case of Anna Nicole Smith—who was found not guilty—also said: “I think there are good reasons to sequester the jury, but my personal opinion is that jurors who are sequestered are more unhappy and more anxious than those who aren’t.”

The next hearing is scheduled for Michael’s birthday, August 29. Apparently, the prosecution has objections to the defense’s list of 103 witnesses and wants to limit it.

Nine doctors and nurses are on the defense’s list. One of them is Arnold Klein, whose name has appeared many times on eMJey.com’s news page and who is familiar to you. The defense attorneys believe he injected Michael with propofol many times, but he denies it.

Sherylin Lee is also a nurse who says that in the last days of Michael’s life, Michael asked her for propofol. The prosecution has never questioned Ms. Lee. Shortly after Michael’s death, in an interview with the media, Sherylin had said that Michael had been physically unwell some time before his death. Lee had refused to inject him with propofol, but Michael responded that the drug would do him no harm because his doctor had said so. Of course, Michael did not agree to reveal the name of that doctor to Sherylin.

Dr. Neal Ratner is another witness. He had been with Michael during the HIStory tour in 1996 and 1997. Ratner had previously said that Michael had insomnia, but he had never agreed to say more about it. The lawyers intend to obtain more information from him by bringing him to the witness stand.

Dr. David Adams, an anesthesiologist in Los Angeles who had put Michael under with propofol at least four times for medically valid reasons, is also on the defense’s witness list.

The defense and prosecution say the trial will take 4 to 5 weeks, but the judge believes the court will end sooner than that.

Source: eMJey.com / CNN / baltimoresun