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Wednesday, November 9, 2011

Overcrowding may cut Murray jail term

Conrad Murray. Photo / AP

Conrad Murray. Photo / AP


Conrad Murray Michael Jackson's doctor is guaranteed to spend the next three weeks in jail awaiting sentencing for the pop star's death.

But the amount of time he serves after that could be shortened because of California's overcrowded prison system.

Nonviolent offenders such as Conrad Murray, who was convicted of involuntary manslaughter on Tuesday, are being redirected from state prisons to county jails to save money and reduce the state prison population to obey a United States court order. Law enforcement authorities have said nonviolent offenders could be released earlier to make room for more serious offenders, who are sent to county rather than state lockups.

Jail overcrowding led to actress Lindsay Lohan walking out of county jail on Tuesday after spending less than five hours of a 30-day sentence behind bars for a probation violation.

Murray was convicted for supplying an insomnia-plagued Jackson with a powerful operating-room anaesthetic to help him sleep as he rehearsed for his big comeback. Murray, 58, was handcuffed and immediately led off to jail without bail to await sentencing on November 29.

"This is a crime where the end result [was] the death of a human being," Superior Court Judge Michael Pastor said. "Dr Murray's reckless conduct in this case poses a demonstrable risk to the safety of the public" if he remains free on bond.

Though a judge could sentence Murray to a maximum sentence of four years, the Los Angeles County Sheriff's Department will decide just how long he actually spends in county jail, based on time served, good behaviour and other factors.

Even without realignment, a four-year sentence could be cut in half if Murray stays out of trouble in jail.

Los Angeles County District Attorney Steve Cooley has criticised the realignment plan, saying already overburdened counties can't handle additional inmates.

Defence attorney Ed Chernoff said the verdict for Murray was a disappointment and would be appealed.

Regarding Murray's future, Chernoff said, "The keys to his handcuffs belong to the judge.

"We certainly would like to do anything we can to keep him from going to prison."

Murray likely would face near solitary confinement in jail because of his high-profile status. He would be kept away from the general population in a cell by himself and be escorted by deputies when necessary for safety, authorities said.

Some observers believe Murray is a good candidate for probation because of his good standing as a doctor before Jackson's death and his previously clean record.

"The crime was involuntary manslaughter, and the key word is involuntary which suggests there was no intent," said Martin Horn, former commissioner of New York City's Department of Correction and Probation.

"Do we need an ounce of flesh from this guy? Why have probation if we aren't going to use it in a case like this?"

- AP

By Greg Risling

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