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February 9, 2010

LOS ANGELES DISTRICT ATTORNEYS OFFICE CHARGES JACKSON PHYSICIAN WITH INVOLUNTARY MANSLAUGHTER

The Los Angeles District Attorney charged Dr Murray with involuntary manslaughter.  He now faces up to four years in jail if convicted.  The California Penal Code defines Manslaughter as the unlawful killing of a human being without malice.  Involuntary manslaughter is defined as a killing “in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”  Apparently, Dr. Murray administered a powerful sedative to Jackson in an effort to help him sleep.  Dr. Murray was allowed to surrender himself at court in Los Angeles without being handcuffed.  As he walked into court he was jeered by fans of the singer who hoisted banners including “Justice for Michael.”  Jacksons parents Joe and Katherine, and siblings Tito, LaToya and Jermaine also arrived at court. Asked if he was the happy with the charge, Jermaine Jackson said: “It’s not enough.”

The California Jury Instructions (CALCRIM 581) define the crime of voluntary manslaughter as follows:
To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant (committed a crime that posed a high risk of death or great bodily injury because of the way in which it was committed/ [or] committed a lawful act, but acted with criminal negligence);AND

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