Mesereau Mulls Murray

But what about Sony & AEG?

The Firpo Files

September 8, 2011

Part 4 of 4

(Sentinel Sept 22-28, 2011)

By way of reminder, the following is a portion of an exclusive interview I conducted with Thomas A. Mesereau, Jr.--the lead attorney who successfully represented Michael Joseph Jackson during his bogus child molestation trial--of the law firm of Mesereau & Yu.

Due to overwhelming interest in this interview, it will go beyond the planned four-part series in the weeks to come.

Carr: Do you think Conrad Murray murdered Michael?

Mesereau: Michael was about to embark on the biggest comeback in the history of entertainment, and I think Conrad Murray was probably looking forward to all of this. Therefore, I think the last he wanted was Michael to pass away.

Look at the Pandora's Box of horrors that has opened up for him because Michael died. I think that he violated his ethical obligations as a physician in order to make sure that he pleased Michael and stayed involved with him. This is a perennial problem with celebrities. It happened with Elvis Presley and Anna Nicole Smith.

Carr: There's some talk of AEG and Sony having a vested interest in seeing Michael die so that they can get the complete catalog. Michael, activist Dick Gregory, and Leonard Rowe all called me saying the same thing. Your thoughts?

Mesereau: Well, Michael, I think you know, thought that Sony and powerful interests were behind his criminal prosecution. I never saw any direct evidence that Sony was involved in his prosecution, although a book had come out after the trial written by a British author who had worked for Sony, who claimed that Sony was providing information to District Attorney Tom Sneddon before the trial and perhaps during it.

Again, I understand where these conspiracy theories come from involving co-conspirators.  However, I can't just go on speculation.

Carr: Back to Murray. Why not charge him with second degree murder?

Mesereau: Well, I certainly am sympathetic to the views of family, fans, and friends who are furious and outraged at what Conrad Murray did, and who would like to see him charged with second-degree murder.

But, I think that would be a mistake. Because first of all, it would allow the defense to argue that the prosecution was abusing its power; that this doctor was not a murderer; and if they would abuse their power in charging him, they would abuse their power in other areas.

And, as a defense lawyer, I like to see the prosecution overcharge my client so that I can attack their credibility.

You also have to keep in mind that doctors are not always the easiest to convict because a lot of people want to believe in their physician. In the case of Elvis Presley you had a physician who was just poisoning him with over-prescriptions, which probably caused his death. That physician was indicted for manslaughter.

They went through a jury trial that ended up in a hung jury; they tried him a second time, and he ended up acquitted. In the case of Anna Nicole Smith, you saw two physicians go on trial. One was acquitted, the other was convicted.

I think the penalty has been very minor, and I understand she's trying to get her conviction overturned. So, it's not easy to get a physician convicted who was administering medication as part of their professional responsibilities.

Carr: So, involuntary manslaughter facilitates a probable conviction whereas second-degree murder an improbable one. Right?

Mesereau: Exactly. I don't want to make it easier for these defense lawyers to acquit Conrad Murray by overcharging the case. I realize that that goes against the emotional desires of family, fans, and friends, but I want to be honest. I want to see him convicted.

I want to see him a felon. I want to see him jailed. To me, the best way to do that is to not overcharge him. Involuntary manslaughter will allow the prosecutor to look at the jury and appear fair instead of abusive, and I think it will help the prosecution's credibility. Ultimately, it'll help them get a conviction.

Carr: Are you looking forward to Dr. Murray's trial?

Mesereau: I have mixed feelings really. I want to see Conrad Murray convicted, but I'm not looking forward to the disquieting autopsy photos of Michael Jackson. Furthermore, I think the defense is going to be attacking Michael in every way they can to devalue him. I'm not looking forward to that.

To be continued...