Sunday, January 9, 2011

in the courtroom..

There is more than one issue that I would like to address either today or soon, and I believe that the best way to do so is in more than one blog. There may (in fact, there very likely will) be more issues that will come up in the future and it just makes sense to have separate blogs. That said, much of what I will likely write about in the future will reference this blog.

My aim with this is to try to explain what exactly is going on in the courtroom right now/went on in the courtroom in the last couple of weeks. I am not a law expert, however I have spent time researching and understanding and I know that there are some people who are perhaps not sure because they haven't had as much time to dedicate to researching or whatever.

Basically, what is going o is the following:

We have the prosecution and we have the defense.
The prosecution includes the district attorney(s) whos aim it is to prove the case that is in front of them.
The defense, which in this case is Dr. Murray, is trying, obviously, to challenge the prosecutions case enough that a judge or jury will not consider these charges to have been proven beyond a reasonable doubt and that therefore Murray should not be considered guilty of this crime.
It is important to remember that the burden of proof is on the prosecution. They are the ones who have to prove something. Not Murray. If Murray and his team did nothing and the prosecution did not present enough evidence to make a jury believe that Murray pretty much definitely did what he is being accused of, Murray would not be found guilty. Of course, that is not what the defense intends to do... they intend to challenge the charges and, as has been reported, their alleged plan is to say that Michael injected himself with the propofol.... if they can put enough doubt in the jurors minds or make them believe that this was a likely possibility and that therefore Michael's death was not "enough" Murrays fault... once again, Murray will be found not guilty.

The charges are involuntary manslaughter.

The definition of involuntary manslaughter in California is as follows:

Call 24/7 | 888.327.4652
California's Involuntary Manslaughter Law

1. The Legal Definition of Involuntary
Manslaughter in California

Involuntary manslaughter differs from Penal Code 187 PC murder in that it involves an unintentional death.

2

California Penal Code 192(b) PC defines "involuntary manslaughter" as an unlawful killing that takes place

1. during the commission of an unlawful act (not amounting to a felony), or


2. during the commission of a lawful act which involves a high risk of death or great bodily harm that is committed without due caution or circumspection.3


Involuntary manslaughter does not apply to acts that you commit while driving a car (those are covered by California's vehicular manslaughter laws, discussed under Section 4. Related Offenses).4


Basically.... that it was not planned and also not intentional.


There is an understanding that is going around due to all of this that the prosecution are therefore the "good guys" whereas the defense are the "bad guys". That is not entirely true.

The prosecution has a case in front of them. Their goal is to win this case. The prosecution is not here for MICHAEL. Because the charges are involuntary manslaughter, that is their goal. To have Murray found guilty of involuntary manslaughter. They are not interested in anything else - unless of course something or someone else was introduced directly into charges.

As someone who loves Michael, I am not content with accepting anything anyone says as a prosecution witness as the gospel. I, for one, believe there is FAR more to this than Murray and his "involuntary manslaughter" charges.

Do I want Murray to walk? Absolutely not. Do I think that it has been made clear that Murray lied? Yes. However, and I will not apologize for this, I would prefer the TRUTH, the actual 100% FACT FILLED truth to be out there than to sit here silently, accept the situation for what it is, and not blindly support anyone that stands up there for the prosecution. It is not as black and white as that they are the good guys and the defense are the bad guys. It just isn't. Is Murray a "bad guy"? Um, it certainly seems like it to me. Does that mean that he is the only "bad guy"? Does that mean that any witness for the prosecution is going to tell the truth and be looking out for Michael? NO. So, should I be silent if I feel someone is lying because they are standing up for the prosecution? No. Not if I feel that they are lying about Michael and the way that Michael died. NONE of this means I support Murray or I want Murray to walk. Of course not. And my attempting to "discredit" ANYONE that I feel is lying does not at all MEAN that I want Murray to walk. But, I stand by the fact that I believe that there is WAY more to this all than Murray and I will not sit there and accept every word shoved down our throats just because the person saying it is allegedly attempting to help the prosecution find Murray guilty. I am sorry. It is just not that simple.

I want Murray held accountable for anything that he did just as much as everyone else does. I LOVE Michael and there is NEVER going to be enough justice in the world for taking away this beautiful man. For hurting him, for killing him. For orphaning his children, leaving his parents without their son, his siblings without their brother, his friends without their friend and, yes, all of us without him as well. This world needed him. And now he is gone. So, no. Once again, I cannot blindly sit here and accept anything that I believe is a lie when it comes to Michael or how Michael died. I don't care which side they are supposedly testifying for. I love Michael more than that. I know we ALL love Michael and I am not suggesting that I love him more than anyone else, I am simply explaining my feelings. By the way. I care more than just swallowing what I believe is the truth so that Murray will get his ten minutes in jail. Once again, to be clear, that does NOT MEAN that I support the defense - of course I don't. That does not mean I do not want Murray held accountable - of course I do. It means that I care too much to not make it clear when I believe that someone is lying.

I am nobody at the end of the day. Just a fan trying to reach out to anyone else that might care and share what I think, what I know or what I feel. I am sorry if I am being misunderstood. I know I am not the only one. But, there is no better way that I can explain it. And I hope you will all keep that in mind as the pretrial and then (hopefully) the trial and whatever else may happen along the way happens and I continue to express what I believe.

There is simply TOO MUCH that is going on, with more and more getting released every day, that is NOT adding up. This is NOT an involuntary manslaughter situation and I know how many of us feel the same way - that this does not add up. These facts do not add up. And it is simply not a case that is as simple as certain people would like us to believe. The truth matters.

I will link back to this blog when I feel it is needed and I thank you for reading it and for hopefully ta least attempting to understand what I am saying.

4 comments:

  1. Taaj we are all nobodies..BUT its whats in our HEARTS that makes us SOMEBOODY! one person makes a difference..Mike taught me that :) Misty Hester

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  2. @earthstar.... I'm not Taaj. I like the rest of your comment though. ;)

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  3. WOW, your words have touched my heart, about Michael, as most things stated by fans who feel as strongly about MJ as I do, always touches my heart. Your words have also touched my mind about the trial..You are so right and I have hope that more fans, who can make a difference and blog this way, who are getting information, who are in the court room, and/or close to this "so called TRIAL" will continue to blog, write, change minds, get SOMEONE...ANYONE's attention in this matter. I agree as well, and thank you for sharing your feelings and thoughts with us.
    Blessings & L.O.V.E.
    Pam

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