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Jackson doc gets 4-year sentence, tongue lashing

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By LINDA DEUTSCH, AP



LOS ANGELES (AP) — It was clear that Michael Jackson's doctor
was going to get the maximum four-year sentence for involuntary
manslaughter before the judge even finished speaking.

In a nearly
half-hour tongue lashing, Dr. Conrad Murray was denounced as a greedy,
remorseless physician who committed a "horrific violation of trust" and
killed the King of Pop during an experiment.

"Dr. Murray created a
set of circumstances and became involved in a cycle of horrible
medicine," Judge Michael Pastor said in a stern voice.

Pastor
said Murray sold out his profession for a promised fee of $150,000 a
month when he agreed to give Jackson a powerful anesthetic every night
as an unorthodox cure for insomnia.

Murray will likely serve less
than two years in county jail, not state prison, because of
California's overcrowded prisons and jails. Sheriff's officials said he
will be housed in a one-man cell and be kept away from other inmates.

The
tall, imposing Murray, who has been in jail for three weeks, was
allowed to change into street clothes — a charcoal gray suit and white
shirt — for court. But he wore prison issue white socks and soft
slippers.

Jackson's family said in a statement read in court that
they were not seeking revenge but a stiff sentence for Murray that
served as a warning to opportunistic doctors. Afterward, they said they
were pleased with the judge's sentence.

"We're going to be a
family. We're going to move forward. We're going to tour, play the music
and miss him," brother Jermaine Jackson said.

After sentencing,
Murray mouthed the words "I love you" to his mother and girlfriend in
the courtroom. Murray's mother, Milta Rush, sat alone on a bench in the
courthouse hallway.

"My son is not what they charged him to be," she said quietly. "He was a gentle child from the time he was small."

Of her son's future, she said, "God is in charge."

Murray,
58, was convicted of involuntary manslaughter after a six-week trial
that presented the most detailed account yet of Jackson's final hours, a
story of the performer's anguish over being unable to sleep.

Pastor
was relentless in his bashing of Murray, saying the physician lied
repeatedly and abandoned Jackson when he was at his most vulnerable —
under the anesthesia that Murray administered in an unorthodox effort to
induce sleep.

"It should be made very clear that experimental
medicine is not going to be tolerated, and Mr. Jackson was an
experiment," he said.

Propofol is supposed to be used in hospital
settings and has never been approved for sleep treatments, yet Murray
acknowledged giving it to Jackson then leaving the room on the day the
singer died.

As for defense arguments that Jackson tempted his
own fate when he demanded propofol, Pastor said, "Dr. Murray could have
walked away and said no as countless others did. But Dr. Murray was
intrigued with the prospect of this money for medicine madness."

Pastor said Murray was motivated by a desire for "money, fame and prestige" and cared more about himself than Jackson.

The
doctor was deeply in debt when he agreed to serve as Jackson's personal
physician for $150,000 a month during his comeback tour. The singer,
however, died before Murray received any money.

"There are those
who feel Dr. Murray is a saint and those who feel he is the devil,"
Pastor said. "He is neither. He is a human being who caused the death of
another human being."

Defense attorney Ed Chernoff implored
Pastor to look at Murray's life and give him credit for a career of good
works. "I do wonder whether the court considers the book of a man's
life, not just one chapter," Chernoff said.

The judge responded:
"I accept Mr. Chernoff's invitation to read the whole book of Dr.
Murray's life. But I also read the book of Michael Jackson's life,
including the sad final chapter of Dr. Murray's treatment of Michael
Jackson."

Chernoff suggested that Murray is being punished enough
by the stigma of having caused Jackson's death. "Whether Dr. Murray is a
barista or a greeter at Walmart, he is still the man that killed
Michael Jackson," he said.

The judge said one of the most
disturbing aspects of Murray's case was a slurred recording of Jackson
recovered from the doctor's cellphone. His speech was barely
intelligible and Murray would say later Jackson was under the influence
of propofol.

Pastor suggested Murray might have been planning to
use it to blackmail Jackson if there was a falling out between them.
"That tape recording was Dr. Murray's insurance policy," Pastor said.

Defense
attorneys never explained in court why he recorded Jackson six weeks
before his death. In the recording, Jackson talked about the importance
of making his shows on the comeback tour "phenomenal."

Jackson's
death in June 2009 stunned the world, as did the ensuing investigation
that led to Murray being charged in February 2010.

Murray
declined to testify during his trial but did participate in a
documentary in which he said he didn't consider himself guilty of any
crime and blamed Jackson for entrapping him into administering the
propofol doses.

"Yikes," the judge said. "Talk about blaming the victim!"

Murray's
attorneys presented 34 letters from relatives, friends and former
patients to win a lighter sentence. They described Murray's compassion
as a doctor, including accepting lower payments from his mostly poor
patients.

In their sentencing memorandum, prosecutors cited
Murray's statements to advocate for the maximum term. They also want him
to pay restitution to the singer's three children — Prince, Paris and
Blanket.

The exact amount Murray has to pay will be determined at a hearing in January.

In
the meantime, sheriff's officials said Murray will serve a little less
than two years behind bars. A recent change in California law requires
Murray to serve his sentence in county jail rather than state prison.

District
Attorney Steve Cooley said he was considering asking Pastor to modify
the sentence to classify the crime as a serious felony warranting
incarceration in state prison.

"This is going to be a real test of our criminal justice system to see if it's meaningful at all," Cooley said.

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