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Michael Jackson's Doc Pleads Not Guilty

Mon, 8 Feb 2010

CBS News legal analyst Andrew Cohen says the trial of Dr. Conrad Murray for involuntary manslaughter could change how doctors choose to treat celebrity clients. (2/8; 4:37)

+Automatically Generated Transcript (may not be 100% accurate)

" The doctor that Los Angeles authorities say -- Michael Jackson's death has entered a not guilty plea to manslaughter charge doctor Conrad Murray a cardiologist who was with Jackson when he died June 25. At the pop star's -- LA mansion. Is accused of costing the singer's death by administering a powerful sedatives to help him sleep. For some analysis we're joined live on the KCBS news on now. A CBS news legal analyst Andrew Cohen -- thank you very much for your time this afternoon. Let's about the California criminal code. And what it says about getting a manslaughter conviction what do prosecutors have to prove."

" Wright we'll but for the involuntary manslaughter and that's what you heard the language from the DA. That the lack of ballots. The lack of criminal intent the lack of evil intent that you he would murder cases even second degree murder cases. What the state have to prove is that the doctor would that grossly negligent that he was reckless. In the way that he treated Michael Jackson in the hours and days and weeks and months. Before the fingers. It's. Essentially a criminal statute that is designed to punish people who conduct is so egregious. So that even if it's not intentional it deserves to be punished."

" see doctor -- defense going -- what will be the leading argument for them."

" Well you know I'm not privy to it yet it seems to me the most logical approach is to say look here we had a patient and very sophisticated patient. When it comes do you have medicine. Someone who was in great pain someone who's very adamant about being treated in a particular way that had special needs. Based upon is that itself. Past. And the doctor -- day yet yet may have crossed over the line and might have been too willing to give him what he was telling -- he needed without thinking about the ramifications. I didn't crossed over the line so much that I deserve to be punished with prison and this is more of a civil matter more of an ethics matter. Something that might get him malpractice suits which in land me in jail I don't know that argue that the people will buy. But I would not be surprised that the argument that's made."

" Now prosecutors and don't they have to establish what they call a standard of care right they would have to. To come up with a way where most doctors we treat this particular set of conditions certain way right."

" Exactly and that's what this trial it could happen. Is going to be a battle of medical experts prosecutors are gonna bring on doctors and experts in the medical field -- in the states. Based upon their studies and so forth their experience. A reasonable doctor would that treat patients. -- way or that way and that would Dr. brigade here so far beyond the pale it deserves to be punished and that I imagine there will be some doctors said. Doctor Marie -- lawyers will be able to far to say. You know this is the reality of the situation often times the doctors bend over backward. To help their patients. You might find a doctor for the defense to say this is what I would do but I've heard of situations where can be done. And then ultimately will be up to the jury I anticipate. A very dense technical medical trial basically a battle of experts --"

" But -- let me ask you might be really cool -- naive political question here hundred. It to what extent AMI is a consumer able to waive my rights in terms of the care that I get in other words if I want my doctor to do something that might be stupid. Com and in my allowed to do that in who's a doctor still have a responsibility even if I have vote waive her right in -- in that sense."

" The doctor has the responsibility. It's a state responsibility. You know your medical license. Dislike lawyers you know you can have a lawyer who. Who has the client. We've seen it before -- that -- that the plane waited. You know the right to counsel -- client waived the right to plead not guilty to find ways great not to talk. You know you can only council so much as a doctor it's a little bit different because youth minister as well. And you prescribed as well you have a duty that I think transcends the -- occupation. I think in this situation the ethics. Folks are gonna committed say that even if Michael Jackson was pressuring this man to treat in this way the doctor and the independent obligation to say now. And I think after the big topic become -- the -- it's not deny you question at all I think this is -- be some sort of a national. How referendum if you will on celebrity medical treatment right how do people left so much money. They can pay for any doctor any medicine. How -- they treated compared to how the rest of us who -- treated and I think that's what the reasons why this you know trial in the senses that he and much more important than. And the fact finding out exactly what happened Michael Jackson. "

" Thank you so much we always appreciate your time CBS news legal analyst Andrew --"

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