Los Angeles - Michael Jackson's doctor was properly sentenced to four years behind bars in the star's death and should not be released on bail, prosecutors argued on Tuesday in a response to his bid for release while his case is appealed.
Dr Conrad Murray would be a danger to the community and a flight risk if he was released on bail or on his own recognisance with an electronic monitoring ankle bracelet, Deputy District Attorneys David Walgren and Deborah Brazil said.
Murray was convicted of involuntary manslaughter after a trial focusing on use of the anaesthetic propofol as a sleeping medication for the superstar. Jackson died of an overdose of the drug in June 2009.
Murray's four-year jail sentence is the highest term that could be imposed for that crime.
Reversal of conviction
Prosecutors said the sentence was appropriate under the circumstances and noted it was unlikely Murray would serve more than half that time.
"Michael Jackson died because of a totality of circumstances directly attributable to the defendant," the motion said. Murray had practiced "a form of highly dangerous and experimental medicine that directly resulted in Mr Jackson's death," it added.
"Based on his failure to accept responsibility for the decisions he made, his complete lack of remorse and lack of insight into the danger of his criminally negligent conduct, he remains a danger to the community," the motion stated.
It noted that he has many contacts outside the state and out of the country and could flee if released.
The motion also said Murray has not established the existence of any substantial legal question that might result in reversal of his conviction.
Unfair to keep him jailed
His lawyer, J Michael Flanagan, said in a motion last month that Murray knows he cannot work as a doctor but would find other employment. He suggested the sentence and Murray's mode of confinement is extremely severe for a man with no prior criminal record.
Murray is being held in solitary confinement and is chained to a table when he meets with his lawyers, according to Flanagan, who said Murray is extremely sorrowful about Jackson's death.
Flanagan conceded that Murray made some medical misjudgments but said he never intended harm to Jackson.
With Murray's appeal expected to take more than a year to move through the courts, the attorney said it would be unfair to keep him jailed in the interim. His appeal has not yet been filed. Conceivably, he could serve his entire sentence before the appeal is decided.
A hearing on the motion was set for Friday.
24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.
Prince Harry’s Lesotho/South Africa trip kicked off in Lesotho and will conclude at the Nelson Mandela Foundation in Johannesburg. Read More »
Duchess Kate, wearing the Lotus Flower tiara, stole the spotlight at her first ever state dinner. Read More »
Solar power is lighting up the world, and not just on rooftops anymore.
Cape Town CBD
HousesR 77 000 000
HousesR 3 295 000
Apartments / FlatsR 4 000 000