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NANCY GRACE

Trial of Dr. Conrad Murray

Aired September 27, 2011 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JANE VELEZ-MITCHELL, GUEST HOST: Breaking news tonight in the death of music legend Michael Jackson. I`m Jane Velez-Mitchell here live in Los Angeles, where the trial of Jackson`s private doctor, Dr. Conrad Murray, got off to a rip-roaring start, Murray charged with the death of the former king of pop via the powerful surgical anesthetic propofol, the private doctor accused of giving Jackson nightly doses of propofol as a sleep aid.

And then it all turned totally tragic, Jackson sleeping, in a state of total sedation when, prosecutors say, Dr. Conrad Murray leaves Jackson`s bedroom to make multiple phone calls. But when he returns, Jackson is dead. Dr. Murray`s defense, that Jackson killed himself by administering his own lethal dose of propofol.

And it`s all as a stunned -- and I mean stunned -- courtroom sees graphic images of Michael Jackson moments after his death. Plus, one of the last audiotapes of Michael Jackson played in court, and it`s a bombshell. Jackson is heard slurring his words badly, apparently under the influence, as Dr. Murray records the whole thing, proof, prosecutors say, that Murray knew exactly what he was doing, resulting in the tragic and sudden death of the former king of pop, Michael Jackson.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Michael Jackson literally put his life in the hands of Conrad Murray. The evidence in this case will show that Michael Jackson trusted his life to the medical skills of Conrad Murray. The evidence will further show, unequivocally, that that misplaced trust had far too high a price to pay.

UNIDENTIFIED MALE: OK, OK, now, a little too soon.

UNIDENTIFIED MALE: That misplaced trust in the hands of Conrad Murray cost Michael Jackson his life.

(END VIDEO CLIP)

(BEGIN AUDIO CLIP)

MICHAEL JACKSON: We have to be phenomenal. When people leave this show, when people leave my show, I want them to say, I`ve never seen nothing like this in my life. Go. Go. I`ve never seen nothing like this. Go. It`s amazing. He`s the greatest entertainer in the world.

(END AUDIO CLIP)

VELEZ-MITCHELL: Straight out to "In Session" legal correspondent Jean Casarez, who was inside court today for opening statements. The Jackson family was there. You were right near them. What was their reaction, particularly to this audio recording of Michael Jackson, allegedly, slurring his words?

JEAN CASAREZ, "IN SESSION": Well, they were in the second row. And there were nine of them all together, starting with Katherine and Joe Jackson, that were so close to the jury, Jane.

And when this audiotape started permeating the entire courtroom, they looked at each other as if they were in shock. They started to talk to each other and they seemed to be visibly upset, upset because they didn`t know about it, upset that the world was going to hear Michael Jackson in this way, or upset that it was being brought into the trial in general.

VELEZ-MITCHELL: I have to go to Ian Halperin, the author of "Unmasked: The Final Years of Michael Jackson" and director of "Gone Too Soon." I am reading your book because you are one of the premier experts on Michael Jackson. Now, we just heard Raymone Bain, a former Michael Jackson spokeswoman, say she`s not even sure that is Michael Jackson because he usually spoke in a high voice. And I`m not imitating him, I`m trying to establish that it`s nothing like the sound of this drugged-out -- this apparently drugged-out person that we heard on this tape. Do you think that is Michael Jackson?

IAN HALPERIN, AUTHOR, "UNMASKED": Jane, 100 percent, it`s Michael. I said two-and-a-half years ago that Michael actually had a deep voice. Everyone around him told me he normally spoke in a deep voice, but in front of the cameras, he`d speak in a high-pitched voice.

Now, based on the trial, what we saw today, based on the behavior of Conrad Murray, he`s got to go down. He`s not going to be on "Dancing With the Stars," Jane, he`s going to be dancing behind bars, right next to O.J. and Casey Anthony.

VELEZ-MITCHELL: Oh, my God! We got (INAUDIBLE) going here.

HALPERIN: But they`re all out. That`s not justice.

VELEZ-MITCHELL: Yes, well, OK, so you believe that it is Michael Jackson`s voice. And you`re saying that when he was in private -- and I`ve heard this from other people -- his voice dropped noticeably and it wasn`t as high as it was when he famously spoke to the public.

HALPERIN: Yes.

VELEZ-MITCHELL: Alexis Tereszcuk, senior reporter, Radaronline, we heard the defense say, Hey, Dr. Conrad Murray didn`t really know what he was dealing with, because they claim that Michael Jackson was hooked on Demerol. And they claim that Michael Jackson`s dermatologist got him hooked on Demerol, which creates insomnia in some cases, particularly when you`re in withdrawal.

What do you know about this dermatologist and whether there might be any truth to these allegations?

ALEXIS TERESZCUK, RADARONLINE.COM: Well, the dermatologist is Dr. Arnold Klein. He has been a pivotal figure in all of this. He was Michael`s doctor for years and years. He did his nose surgery, multiple surgeries for him. And in fact, that has -- those have been the claims.

However, he`s not going to be called to testify, so he really -- he can`t defend himself or speak on their behalf. They are saying that Dr. Conrad Murray was trying to get Michael off of the Demerol. That`s why he was using -- you know, he started off trying (ph) also to get him off of the propofol. So he was really, in their opinion, really trying to help Michael, instead of actually killing him.

But Klein is an amazing figure. He`s, in fact, one of the men who has claimed that he was the biological father of Michael`s children. He`s somebody that is very interesting in this, but the judge would not allow his testimony in.

VELEZ-MITCHELL: Well, I want to go to Rabbi Shmuley Boteach, who is a former friend of Michael Jackson`s and a spiritual adviser. Do you find it sort of mind-boggling -- and by the way, HLN is very, very happy to have Dr. Arnie Klein or his representative on any time. We want to, obviously, get all sides of the story. So I want to put that out there.

But Rabbi Shmuley, do you think it sort of boggles the mind that this guy is ordering 155,000 milligrams of propofol in the months leading up to Michael Jackson`s death, and he is injecting and giving Michael Jackson all of these drugs right before he dies, and yet he`s the one who`s claiming, Oh, I was trying to wean Michael Jackson off the drugs, I`m the savior, here, not the villain? Do you buy it?

RABBI SHMULEY BOTEACH, FMR. FRIEND AND SPIRITUAL ADVISER TO JACKSON: I thought that Ed Chernoff`s opening defense statements were such an indictment of his client that it was painful to even listen to. He basically said that Michael told Conrad Murray, I cannot fall asleep without propofol, and Murray agreed to administer it.

What if Michael would have said to him, I can`t fall asleep unless I take a giant sledgehammer to my head, and I need you to hit me with it? Would he have agreed then? This is a doctor who behaved like a pusher. This is an extraordinary case of corruption, that a doctor could be bought off to take a drugged-addled superstar and feed his addiction.

If that`s the defense`s claim, that he gave him this in order to wean him off it, we`re in for an electrifying trial, which I hope will put fame itself on trial because Jane, in the final analysis, as you heard from Michael`s slurred speech -- and yes, that was Michael, because as you well know, Michael and I recorded 30 hours of conversations to create the books "The Michael Jackson Tapes," and Michael always said things like, I want to be the biggest, the best. Unfortunately, his insecurities sometimes could overtake him. He couldn`t share the spotlight. He needed so much of it...

VELEZ-MITCHELL: Did you ever hear him that highly intoxicated, Rabbi? Did you ever hear him slur his words like that?

BOTEACH: I never heard him slur his words that bad, or close to it, but I did definitely hear him slur words. I remember that he called me on a number of occasions -- we were very close at the time -- and he would say to me, Shmuley, I love you, I love you, and he would drag out the word. And I would -- it was disturbing. The affection was nice, but I knew that he was on stuff that was very bad for him.

And I would tell him constantly that, The way you deal with pain, Michael, is to address its root cause. It`s not to use some topical cream or some prescription drug medication to numb the pain. And what Conrad Murray...

VELEZ-MITCHELL: But Rabbi, you know you can`t reason -- you can`t reason with an addict. And I say that as a recovering alcoholic myself. Addicts don`t listen to reason. They`re defiant. Unless you...

BOTEACH: Jane, I have...

VELEZ-MITCHELL: ... do an intervention -- why couldn`t the family do an intervention? We just heard Raymone Bain, who used to be Michael Jackson`s spokesperson, say, Nobody could get through to him. He changed his phone number all the time. He was surrounded by these yes people. The family couldn`t reach him. Nobody could reach him.

Didn`t the family try to stage an intervention?

BOTEACH: Let me -- let me -- let me...

VELEZ-MITCHELL: Let`s talk about the reality here. This person was addicted to drugs, it would seem.

BOTEACH: It would -- you know, I think if you look back on Anderson Cooper`s show from your network a few years ago, you will see a debate that broke out, if I remember correctly, between me and Raymone Bain maybe five, six years ago. She was Michael`s spokesman at the time. And I said then that Michael was in danger of dying, on the air. And she castigated me on the air and said, Rabbi Shmuley is irresponsible, he`s using alarmist rhetoric.

She was one of the people around him! What were these people doing on his payroll, knowing the problems he had, and with all due respect, misrepresenting his state? Michael was a man in serious, deep crisis. Everyone knew he could die at any time.

And I`m amazed that all these people come out of the woodwork now, when he is dead and three children are orphaned, instead of doing the responsible thing at the time. You may be right, Jane, that it`s difficult to reason with an addict. But what is certainly true is that a moral human being has a responsibility to at the very least stop taking money from an addict and tell him, I will not stand here at your friend, counselor, adviser, and watch you drive your life off a cliff.

At the very least, they could have done that. But all of these people were in his orbit while this happened, and that is the real tragedy of the story. And the fact that only one person on trial is on trial is remarkable because a bunch more people ought to be answering for his death, as well.

VELEZ-MITCHELL: Well, there`s a difference between being an enabler and being a co-dependent and a justifier and a rationalizer and a yes person, and physically giving somebody drugs that allegedly put them over the edge and kills them. And that`s why this one person is on trial, because he was the doctor in charge the day that Michael Jackson died. Raymone Bain and none of these other people were medical doctors treating Michael Jackson. And it is almost impossible to reason with an addict.

More when we come back. We`re taking your calls.

(BEGIN VIDEO CLIP)

DR. CONRAD MURRAY, MICHAEL JACKSON`S PHYSICIAN: I got up and went to the bathroom.

UNIDENTIFIED MALE: To take a patient and to leave them unattended in that state is medical abandonment.

MURRAY: Then I came back to his bedside and was stunned in the sense that he wasn`t breathing.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JACKSON: This is the final -- this is the final curtain call.

UNIDENTIFIED MALE: We have a gentleman here that needs help. And he`s not breathing.

911 OPERATOR: Did anybody witness what happened?

UNIDENTIFIED MALE: No, just the doctor, sir.

UNIDENTIFIED MALE: Michael Jackson, the king of pop...

UNIDENTIFIED FEMALE: Was taken to the hospital.

UNIDENTIFIED MALE: He was apparently administered CPR.

UNIDENTIFIED MALE: They say he was rushed to the hospital and he`s not breathing.

UNIDENTIFIED FEMALE: He should be here right now.

UNIDENTIFIED MALE: Legendary king of pop Michael Jackson passed away on Thursday, June 25th.

JACKSON: I love you so much from the bottom of my heart.

UNIDENTIFIED MALE: Listen to the voice of Michael Jackson on May 10th.

JACKSON: When people leave my show, I want them to say I`ve never seen nothing like this in my life.

UNIDENTIFIED MALE: Listen to this man.

UNIDENTIFIED MALE: He is in bad shape.

UNIDENTIFIED FEMALE: My brother was not healthy. And they didn`t care.

UNIDENTIFIED FEMALE: There was negligence of a doctor. It`s just hard.

MURRAY: Your Honor, I am an innocent man.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, filling in for Nancy Grace. Day one of the Michael Jackson death trial opens with a bombshell as prosecutors play an audiotape of Michael Jackson recorded, allegedly, by Dr. Conrad Murray himself on some iPhone app, and Michael Jackson is slurring his words badly, appears to be high. Listen to this.

(BEGIN AUDIO CLIP)

JACKSON: We have to be phenomenal. When people leave this show, when people leave my show, I want them to say, I`ve never seen nothing like this in my life. Go. Go. I`ve never seen nothing like this. Go. It`s amazing. He`s the greatest entertainer in the world. I`m taking that money, a million children, children`s hospital, the biggest in the world, Michael Jackson`s children`s hospital.

(END AUDIO CLIP)

VELEZ-MITCHELL: I have to wonder, why did Dr. Conrad Murray audiotape his patient in that condition? What`s the purpose of that? Some of the Michael Jackson fans I`ve talked to were very offended that he did that, feeling that he was exploiting Michael Jackson in some way.

I want to go to Brian Oxman, attorney for Joe Jackson in the civil wrongful death suit that was filed against Dr. Conrad Murray. Why do you think Dr. Conrad Murray audiotaped his client sounding very stoned?

BRIAN OXMAN, JOE JACKSON`S ATTORNEY IN CIVIL SUIT: Jane, when a doctor audiotapes a patient, I don`t find anything wrong with it or offensive with it. What I find here is that we haven`t got these things explained to us. And that`s what really is bothering me about it.

I can tell you that it hurts to hear Michael Jackson that way. When I listen to this, I hear Michael Jackson`s voice, it appears to me to be Michael Jackson`s voice. There are tests which you can do to see whether it is, and I`m sure the prosecution has done that.

Any which way you cut this, Michael Jackson -- if this is Michael Jackson, and I believe it is, any which way you cut this, Michael Jackson was in pretty difficult condition when Conrad Murray found him.

VELEZ-MITCHELL: Rabbi Shmuley, why do you think Dr. Conrad Murray audiotaped his patient sounding totally high?

BOTEACH: Well, I can only speculate. I think he did it to protect himself. Michael`s life was in decline. He was a man in serious emotional turmoil. He was turning to prescription drug medication in order to numb the effects of that turmoil, and Dr. Conrad Murray was protecting himself. He was, on the one hand, giving him this stuff that could kill him. On the other hand, he would probably want to say, as the defense is saying now, I didn`t give it to him, he was doing to himself. Look, here`s the proof.

But that`s pure speculation. I have to tell you that up until today, Jane, I was very careful to always maintain Conrad Murray`s presumption of innocence. And we must still do that. The man -- that`s why we have trials. But when the defense argument is that he gave Michael everything that Michael requested, with the hope that he would eventually wean him off of it -- I mean, this is an astonishing defense because it essentially means that Conrad Murray capitulated when Michael told him how bad off he was, when really, as a physician, his responsibility was to get Michael straight into drug...

OXMAN: Jane, he is so right.

BOTEACH: ... straight into rehab.

OXMAN: He is so right.

VELEZ-MITCHELL: All right. Brian, you agree?

OXMAN: Absolutely. He is so right. And this is what the negligence is, this is what the recklessness is. You cannot do this to a man, be it Michael Jackson or anybody else. You cannot just feed him these drugs day after day after day.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: On June 25th, 2009, Michael Jackson was pronounced dead. The evidence in this case will show gross negligence, medical abandonment, repeated incompetent and unskilled acts...

By dazalam (ph) and lorazepam, propofol...

4.09 gallons of this general anesthetic agent.

45,000 milligrams of propofol.

Gross negligence of Conrad Murray.

He was just 50 years old.

This was, in fact, a homicide.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in for Nancy Grace. Day one of the Michael Jackson death trial filled with bombshells and blockbusters, notably, a recording, audio, of Michael Jackson sounding very, very high.

Straight out to Taaj Malik, a protester at the courthouse who is supporting Michael Jackson. There was a fear that the defense would put Michael Jackson on trial. Do you think Michael Jackson has now put been put on trial in this case, Taaj?

TAAJ MALIK, MICHAEL JACKSON SUPPORTER, COURTHOUSE PROTESTER: Yes, I do. For the last couple of weeks, there`s been quite a few programs where they`re concentrating on Michael Jackson`s old employees, colleagues, friends. They`ve been concentrating on 2003, 2005. So I do feel like Michael Jackson is on trial when he should not be. It`s Dr. Murray on trial.

VELEZ-MITCHELL: And does that hurt you? Do you feel that -- I mean, you have devoted your life to supporting Michael Jackson as an artist and as somebody who is really, in your opinion, tried to influence the world in a positive way. Does it hurt you that he is now being put on trial, in your opinion?

MALIK: Yes, it`s devastating. It`s bringing back all the pain and anguish which it caused Michael over the years. I guess us fans are bit hardened to it. We`ve got lots of wonderful messages that Michael`s left us, so I suppose we can, you know, adapt those messages and not read or watch what`s going on, which is what I`ve been doing. I`ve completely stayed away from it.

But there are a lot of supporters, friends of mine, who are following it minute by minute, and they`re in tears, upset, angry, you know, frustrated and so on.

VELEZ-MITCHELL: I want to bring in the attorneys. Ray Giudice, do you think that the prosecution in some way has proved the defense case? The defense is saying Michael Jackson was desperate and desperately sought drugs. And then the prosecution goes on and plays a video (SIC) of him sounding totally high, which could lend credence to the idea that he was a desperate drug addict.

RAYMOND GIUDICE, DEFENSE ATTORNEY: Jane, I`ve just listened to the rabbi help prove and support the defense case about what a pitiful state physically Michael Jackson was in, addicted to multiple drugs, 115 pounds, an emotional and physical cripple specimen. The defense will be that this doctor was trying to save his life.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Michael Jackson literally put his life in the hands of Conrad Murray.

UNIDENTIFIED MALE: He did an act without his doctor`s knowledge.

UNIDENTIFIED MALE: Murray`s knowledge of what he is doing to Michael Jackson.

UNIDENTIFIED MALE: Just that he was very excited and he used the expression, this is it.

MICHAEL JACKSON, POP STAR: I`ve never seen nothing like this. I`m the greatest entertainer in the world.

UNIDENTIFIED MALE: You`re playing roulette with Michael Jackson`s life at that point.

UNIDENTIFIED FEMALE: Right.

UNIDENTIFIED MALE: This was, in fact, a homicide.

UNIDENTIFIED MALE: All he cared about was money.

UNIDENTIFIED MALE: His eyes on the anticipated $150,000 lucrative contract.

UNIDENTIFIED MALE: Jackson was nervous, afraid. He wouldn`t sell the tickets.

UNIDENTIFIED MALE: His premature death at the age of 50.

UNIDENTIFIED MALE: This criminal court, we believe, he`s not guilty.

UNIDENTIFIED MALE: Of guilty for the solitary crime charged, involuntary manslaughter.

(END VIDEO CLIP)

JANE VELEZ-MITCHELL, HOST, HLN`S "ISSUES": Jane Velez-Mitchell in for Nancy Grace tonight.

Day one of the Michael Jackson death trial and blockbuster after blockbuster. The prosecution saying that Dr. Conrad Murray caused Michael Jackson`s death, and did all sorts of things that constitute gross negligence, failing to call 911 immediately, abandoning him while he was under sedation, and even just giving him the sedation alone, giving him the propofol, they say, is something should never be done in a private home.

I want to go out to Brian Oxman, who is with me here, and ask you, Brian -- here`s the question. They played an audiotape of Michael Jackson that sounded -- he sounds very drugged up. Were you shocked when you heard this? Where were family members if Michael Jackson was in this terrible shape?

BRIAN OXMAN, JOE JACKSON`S ATTORNEY IN WRONGFUL DEATH LAWSUIT: Oh, the shock is just beyond description, Jane. I would say this was the mother of all explosions. Blockbuster isn`t just a sufficient word. It is something which I know hurts the family to hear this. We`ve heard these things. We know that these types of things were out there, but that tape was never played.

VELEZ-MITCHELL: Where was the family, though? Where was the family, if Michael had a problem?

OXMAN: The family was -- the family was always concerned about Michael, but you`re dealing with a man who was a billionaire. And you don`t just grab that man and take him to some kind of doctor or rehabilitation clinic or something like that.

VELEZ-MITCHELL: Did the family attempt interventions?

OXMAN: There were many efforts to take care of Michael, and Michael always said he was taking care of himself. And when you`re talking to a wealthy, powerful man, it`s hard to contradict that. It just doesn`t happen.

VELEZ-MITCHELL: Now, Dr. Paul Nassif, the defense today said a lot of things, but one of the things they said, they implied, oh, nurses administer propofol, in other words, trying to downplay the severity of administering propofol in the home when you`re a cardiologist and not an anesthesiologist.

What is your reaction to that, Dr. Nassif?

DR. PAUL NASSIF, M.D., F.A.C.S., FACIAL, PLASTIC & RECONSTRUCTIVE SURGEON: I mean, you know, it`s -- there are nurses, they`re called the nurse anesthetist that do administer propofol in the operating room. And the other time it can be administered is in the ICU with a ventilated patient and you want to keep that patient sedated, since propofol is used for either the induction of anesthesia or to maintain anesthesia when someone is already sedated.

VELEZ-MITCHELL: So --

NASSIF: But it is not used in the home. It`s used -- for example, in my surgery center, I use it or my anesthesiologists use it in my surgery center.

VELEZ-MITCHELL: If Dr. Murray administered propofol in Michael Jackson`s home which I guess admits now he did, is that a gross deviation of standard medical care and therefore does it constitute extreme negligence and therefore, involuntary manslaughter?

NASSIF: You know, Jane, that`s something that, you know, the medical board of California, first of all, will tell us what, you know, gross negligence is or below the standard of care of medicine, however --

VELEZ-MITCHELL: Should he have been administering the propofol in the home?

NASSIF: No. No. You do not use it at home.

VELEZ-MITCHELL: Bottom line, no. All right. Thank you.

NASSIF: Absolutely not.

VELEZ-MITCHELL: Elizabeth, Pennsylvania, your question, your thought, Elizabeth? Thanks for your patience.

ELIZABETH, CALLER FROM PENNSYLVANIA: Hi, Jane. I, too, am a recovering addict and you`re a huge inspiration to me, so thank you for your book, it`s wonderful.

VELEZ-MITCHELL: Thank you. Thank you.

ELIZABETH: I was very curious, was Michael Jackson prescreened before anything was administered to him with all the speculation that he was an addict? Did they screen him before they ever gave him any propofol or administered any drugs to him to begin with? That`s my question.

VELEZ-MITCHELL: Well, I don`t know what you mean by prescreened, but it would seem to me, and I will go to Leslie Seppinni, clinical psychologist, on this, that nothing was done in the way that it`s supposed to be done. That everything was kind of done in a way that, well, I`m special and unique and this doctor feels also that he`s sort of special and unique.

LESLIE SEPPINNI, PSY.D., CLINICAL PSYCHOLOGIST: Well, the thing is, is that, you know, money and power that comes with money is the gateway to addiction. And we`ve seen that time and time again. Endless amounts of money create addiction in people who have a propensity for that.

That being said, I don`t think that the correct evaluations were done up- front. If they had been and he had that list of medications, he should have immediately wanted to put Michael in detox. There is no way around that. He needed to be in a hospital setting for 24/7.

VELEZ-MITCHELL: Yes. He is not an addiction specialist. He`s a cardiologist. So the hubris of him to say, well, I was trying to wean him off propofol, it strikes me as absolutely insane.

And I want to go to Phaedra Parks, defense attorney. Presumably you heard the defense case today where they tried to make the argument that Dr. Conrad Murray is not the villain in this, he`s actually the savior. He was actually trying to wean Michael Jackson off of the drugs he was addicted to. Meanwhile, he`s ordering, what, 155,000 milligrams of propofol to be delivered to his girlfriend`s house? Allegedly lying to the pharmacist, saying it was for a clinic, and then giving him a slew of drugs in the hours leading up to his death. Your thoughts?

PHAEDRA PARKS, DEFENSE ATTORNEY: Well, first of all, I think we have to --

VELEZ-MITCHELL: Phaedra?

PARKS: First of all I think we realize that Dr. Conrad Murray is a doctor. He is a trained physician. He`s a cardiologist. And he does -- he`s legally allowed to order drugs. So I don`t have any problems with him ordering massive amounts of propofol, as long as he knows how to properly administer them.

Here I think we have a person that does have a substance abuse problem, and I think that is the crux of the issue, is while he`s attempting to do his job well, he has a client that has a substance abuse problem.

VELEZ-MITCHELL: Well, he claims that he did not know that Michael Jackson had been taking Demerol. But I`ve got to tell you something, and Rupa Mikkilineni, investigative reporter, producer for Nancy Grace, one Google search, one Google search, "Michael Jackson addict," and his history of addiction will pop up, won`t it not? Would it not?

RUPA MIKKILINENI, NANCY GRACE PRODUCER: Absolutely, Jane, absolutely. And what`s important here to note is that there is no way that Conrad Murray did not know of Michael Jackson`s addictions to prior drugs, whether he knew exactly what those drugs were or not, of course, remains to be seen. But what`s also very important here, Jane, is that he didn`t administer this drug.

You mentioned earlier that he should not have been administering this, even in a home setting. And that`s negligence all by itself. But let`s talk about the next step. How come he administered an anesthetic in a home environment without the proper equipment? Without blood pressure equipment, without heart monitoring equipment, without oxygen, a full oxygen tank, and the other items that are normally available in an operating room.

VELEZ-MITCHELL: Yes. And will it not, of course, it`s been a long day -- won`t it not.

Jean Casarez, legal correspondent, now Dr. Conrad Murray has made this case that, well, AEG was supposed to provide me with all this medical equipment, but why would AEG provide medical equipment for sedation that`s only supposed to occur in a hospital setting for surgery? That doesn`t make any sense.

JEAN CASAREZ, LEGAL CORRESPONDENT, "IN SESSION": Well, it doesn`t. And I did not hear the defense make that in their opening statement, but what the defense is saying is that Conrad Murray, when he walked out of that room, he`d given Michael Jackson 25 milligrams, and that left his system in 10 minutes, and that Conrad Murray had no idea that Michael Jackson would start taking pills himself, and then ingest the propofol.

VELEZ-MITCHELL: Yes, but do you think that that can medically happen?

CASAREZ: Well, I`m not a doctor, and that`s what this whole case is about right here. And here`s the challenge for the defense, OK? It`s all medical for the defense, and the jurors are going to have to understand it, listen to it, and not be put to sleep by it, because it`s going to be sophisticated stuff.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Disregard of all acceptable standards of medical care. He acted as an employee, he did not act as a medical professional.

UNIDENTIFIED MALE: Why did he leave his side?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DR. CONRAD MURRAY, MICHAEL JACKSON`S FORMER DOCTOR: I told the truth.

NANCY GRACE, HLN HOST: Was it an accident? You left him there for hours upon hours while you chatted away with your girlfriend on the cell phone?

UNIDENTIFIED MALE: A taste of what Conrad Murray knew.

UNIDENTIFIED MALE: He`s basically saying he had no skills.

GRACE: Was that an accident? Was it an accident that you never checked on him?

UNIDENTIFIED MALE: Medical abandonment. Directly led to his premature death at the age of 50.

UNIDENTIFIED MALE: He wasn`t an anesthesiologist, and he was not a cardiologist.

JACKSON: My show.

UNIDENTIFIED MALE: But Michael Jackson trusted him anyway.

UNIDENTIFIED MALE: He said things such as, "I am the doctor, not you."

GRACE: Was it an accident you waited until you called 911?

UNIDENTIFIED MALE: He`s pumping, he`s pumping the chest, but he`s not responding to anything, sir. Please.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jane Velez-Mitchell in for Nancy Grace. Day one of the Michael Jackson death case. Opening statements. And we`re going to show you something that`s disturbing, but it`s an important part of this case and this trial.

You are seeing a photo that was shown by the prosecution in court today, showing a side-by-side of a seemingly healthy Michael Jackson the day before his death next to his lifeless body. The prosecution says this photo is central to their case.

Straight out to Jean Casarez, who was in court today. What was the reaction of members of the Jackson family as this was put up, Jean?

CASAREZ: You know, they just stared at it. There was really no reaction. They just looked at it, contemplated it but for the rest of us in the courtroom, I mean, we were trying to discern, was this really a deceased Michael Jackson and the prosecutor was talking as though it was, and then the date was put up. So it was confirmed that that was Michael Jackson.

And Jane, that picture was up for so long in a dimly lit courtroom. I mean, it was eerie.

VELEZ-MITCHELL: Brian Oxman, what was the family reaction as far as you`ve been able to determine? And I know you`re close to Joe Jackson.

OXMAN: I spoke with one of Mrs. Jackson`s assistants and she is very upset. We have talked among the family that we did not want these photographs released to the public. It is not right that they should be released at all. It`s not that we`re upset with the prosecution. We are in favor of what the prosecution did. They did a devastating presentation today.

What is the problem here is the invasion of Michael and we didn`t want this photograph to be shown.

VELEZ-MITCHELL: I mean, there`s been so much effort to rehabilitate his image and to get us to all forget about the Michael Jackson trial -- molestation trial, where he was acquitted of all counts, and the jury found him not guilty, and yet we are brought back to some of his character flaws and his addiction. In this case, where he is the victim.

And that`s got to really hurt the family, because they`re thinking about the kids. They`re thinking about Paris and Prince Michael, and little Blanket, and how this is going to impact all of them.

And I want to go back out to Rabbi Shmuley Boteach about that. I mean these kids, they`re so articulate, they`re so well balanced despite everything they`ve been through. Do you think they`re being shielded from this coverage?

RABBI SHMULEY BOTEACH, FORMER FRIEND AND SPIRITUAL ADVISOR TO MICHAEL JACKSON, AUTHOR, "10 CONVERSATIONS": Look, when I knew Michael, he could not have been a more devoted, loving father. And the sole source of joy and happiness that I witnessed him have in his life came from his children. So he would want them to be sheltered from it.

But we have to be very honest here, Jane. You`re talking about one of the most famous people in the world. There`s no way they`re not going to hear about Michael`s controversial existence. They`re still going to love him. I remember Michael saying to me once, I know --

VELEZ-MITCHELL: Yes.

BOTEACH: -- that Prince and Paris are going -- before Blanket -- are going to be asked, later in their life, what was he like as a father, and I want them to answer, that he always put us first. So that`s -- none of this is going to change their opinion, but I have to strongly disagree that Michael`s trouble should be shielded from this trial.

On the contrary, Michael should not have had to die in vain. We have a problem in America. Superstars are dying at an alarming rate. And when you see people like Amy Winehouse dead, and we just turn the next page. There`s going to be more who will die.

VELEZ-MITCHELL: And let me say this, Rabbi.

BOTEACH: Unless people are held accountable. People have to be held accountable.

VELEZ-MITCHELL: Rabbi, it`s not just superstars. More people are overdosing from prescription drugs in America than from illegal drugs. Prescription drug abuse is killing more people in some states than car accidents.

This is a crisis because painkillers and sedatives and anti-anxiety drugs and antidepressants are very addictive. And very habit-forming. And people are not dealing with -- listen, if you`re suicidal, if there`s something really, really wrong with you and you absolutely need an antidepressant to keep yourself alive, I`m all for it.

But a lot of people are using them for the wrong reasons, because as you said, Rabbi, they`re not dealing with their pain. They`re not sitting through their feelings. They just want to escape.

BOTEACH: And Jane, that`s why this trial can have such a redemptive quality. I`m tired, with all due respect, of hearing from Michael`s fans. We don`t want Michael put on trial. Michael put himself on trial. Read the Michael Jackson tapes. Find out what he wanted the world to know, how lonely he was, how forlorn he felt, how abandoned he felt. How he used to walk the streets of Encino, California, after "Thriller," biggest star in the world, begging people --

OXMAN: Rabbi, there is no need --

VELEZ-MITCHELL: Hold on a second. Brian?

OXMAN: There is no need to put Michael Jackson on trial.

BOTEACH: We`re not talking about on trial, Brian.

OXMAN: There is no need. He is not the one --

VELEZ-MITCHELL: One at a time. Brian?

OXMAN: He is not the one who should be put on trial here. This is the trial of Conrad Murray and this is to get to what Jermaine Jackson said, justice. That`s what Mr. Jackson wants, that`s Joe Jackson, that`s what the entire family wants.

VELEZ-MITCHELL: All right.

OXMAN: And putting Michael on family doesn`t do it.

VELEZ-MITCHELL: Ian Halperin, the author of "Unmasked: The Final Years of Michael Jackson," do we -- can we overlook the fact that Michael Jackson had a tendency to have troubles, as so many addicts do? He was facing approximately 37 lawsuits at the time of his death. According to Brian Oxman`s own estimate, once I remember him telling me that Michael Jackson had experienced about 1,000 lawsuits over the course of his life.

Addiction creates wreckage. It always leads to incomprehensible demoralization. That is the nature of addiction, Ian.

IAN HALPERIN, AUTHOR, "UNMASKED: THE FINAL YEARS OF MICHAEL JACKSON", DIRECTOR, "GONE TOO SOON": Jane, this is not the time to dig up the skeleton of the greatest pop star that we`ve ever seen on this planet. The time now is to examine whether or not Dr. Conrad Murray is guilty, and I think the prosecution presented a very compelling case today, a very outstanding opening argument, and this is going to be the biggest case we`ve seen, obviously, since the O.J. Simpson case.

I just hope the result doesn`t end up the same way. Because any way you slice it, from a legal perspective, and I challenge anyone in the legal industry to prove me wrong, Dr. Conrad Murray`s guilt is linked to the death, unfortunately, of Michael Jackson.

VELEZ-MITCHELL: John, Montana, you`ve been very patient. Your question or thought, John?

JOHN, CALLER FROM MONTANA: Yes, Jane, I`m wondering why isn`t Mr. Murray being convicted of second-degree murder? And also, how many people did he contact as far as doctors before he finally got ahold of Conrad Murray?

VELEZ-MITCHELL: Well, let`s bring in the lawyers. A lot of the fans today -- I was outside court all morning long.

Ray Giudice, they said, this is not the right charge, involuntary manslaughter, which has a maximum of four years behind bars, that it should have been something more serious. What say you, Ray?

RAY GIUDICE, DEFENSE ATTORNEY: Well, the problem for the prosecution is showing intent, intent of the doctor to harm Michael Jackson. You need some intent to prove a homicide, first or second degree. To prove involuntary manslaughter, the intent is taken place or shown by the gross negligence, the indifference. And that`s how they prove the case. I think that`s the best case the state has to be honest with you.

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UNIDENTIFIED MALE: Propofol is a sedative.

UNIDENTIFIED MALE: We have a gentleman here that needs help.

UNIDENTIFIED MALE: One that is very tricky to use, could be extraordinarily dangerous.

UNIDENTIFIED MALE: He stopped breathing. He`s not breathing. And we need to -- we`re trying to pump him but he`s not -- he`s not --

UNIDENTIFIED MALE: OK.

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VELEZ-MITCHELL: Congratulations to our very own Nancy Grace for her spectacular performance last night on "Dancing with the Stars." Nancy and her partner Tristan MacManus wowed the judges, the crowd and millions at home with their quick step, scoring a 21.

Way to go, Nancy.

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UNIDENTIFIED MALE: Dancing the quick step, Nancy Grace and her partner Tristan MacManus.

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VELEZ-MITCHELL: Tonight, let`s stop to remember Army Sergeant Jay Gauthreaux, 26, from Thibodaux, Louisiana, killed in Iraq. He was awarded the Bronze Star, the Purple Heart, and the Gold Order of Mercury.

He was pursuing his dream of a military career. Jay loved playing tennis and video games, watching movies, and cooking Cajun dishes. His favorite sports teams, the LSU Tigers, the New Orleans Saints and the Houston Astros. He leaves behind his parents Faye and Michael, his stepparents Doug and Wanda, his sister Monique and his beloved son, Kevin.

Jay Gauthreaux, a true American hero.

Thank you to all our guests and thanks to you at home. See you tomorrow night, 8:00 sharp Eastern right here. Until then, have a safe evening.

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