DR. MURRAY IS DENIED VISITATION AND ACCESS TO COUNSEL: The State of California Continues to Discriminate Against Murray, Even on MLK Jr's Weekend

Los Angeles, California


October 30, 2013
(Today's date)

January 20, 2012
(Original date)

**UPDATE (Denotes NEW information added to blog after publishing of original blog)


As Dr. Martin Luther King Jr.'s holiday weekend approached, I decided that it would be an appropriate time to visit Dr. Conrad Murray in the L.A. Central Jail. I wanted to discuss a federal legal issue with him and also, I wanted to see how he was coping. The discussion of the federal legal issue was not for the purpose of representing him, but rather for discussing an issue that affected him. After the discussion, he could decide what direction he wanted to go with the matter. The discussion certainly wouldn't have been for the purpose of representing Murray in California's local courts because I do not and cannot do so. For my readers who do not already know, I am a federal attorney. Here, in California, I only practice federal law, administratively and judicially, and my state bar membership is of a jurisdiction other than California. But, federally, I am a member of the Bar of the United States Court of Appeals for the Ninth Circuit, which is here in California; and I am also a member of the United States Supreme Court Bar. I offer this information about my bar membership because it played a role in this discussion of Dr. Murray being denied visitation and access to counsel over the MLK holiday weekend. I never got to visit with Dr. Murray over the weekend. And, in my view, the reasons which prevented me from visiting with him do not pass innocent, reasonable or constitutional muster. The State of California continues to discriminate against Murray.

On Friday, January 13, I decided that I would visit Dr. Murray at the Central Jail. I relied on the L.A. County Sheriff's website information regarding visitation hours (Thursday through Sunday; 10am -3pm and 5 pm - 7pm)to help me determine the time to visit. As suggested on the website, I did attempt to call before traveling to the jail, but I was put on hold by the recorded answering service,and after waiting awhile, I decided to simply rely on the normal visitation hours and be prepared for unusual circumstances, e.g., isolation or lockdown. After I arrived at the jail, I had to show my ID and was given a visitor's slip to complete to enter the visitor's area. After I got in line (no wait at this time--around noon) and reached the service window, I told the deputy who I wanted to visit (and I had written Murray's name was on the visitation slip). The deputy then told me that I could only visit Murray on Thursdays and Saturdays. However, because of my attire, he inquired as to whether I was an attorney. I responded in the affirmative. So, he suggested that I might be able to visit Murray as an attorney. He directed me to another location of the jail where attorney visits are matriculated or held . I approached the service window area with a deputy inside and I told the deputy that I was an attorney, and that I would like to visit with Dr. Murray. He requested my bar card. I volunteered that I was a federal attorney. After recognizing that my bar membership was not from Califonia, the deputy stated that only California bar members can visit prisoners. I then asked to speak with a supervisor. I was then told to have a seat in the same area. The supervisor never came to speak with me, and instead relayed a message through a subordinate that I needed to be a California bar member, or be accompanied by a California bar member, or obtain a judge's order. I recognize these requirements for representing a prisoner or other individual in California courts, with respect to an out of state attorney; but, I wasn't there to represent Murray. I was there to visit and speak with him regarding a federal matter (and he could make a decision as to how he wanted to proceed from there). So, I wasn't allowed to visit with Murray as an attorney.

I next returned to the area with normal visitations. I informed the deputy who I had previously spoken with that I wasn't able to visit with Murray as an attorney, so I would visit him as a regular visitor. The next day to visit him was Saturday (the following day), and the visitation times available were 7 am, 10 am, and 12 noon. The deputy did not informed me of any special conditions or limitations placed on visiting Murray. And, clearly, he knew it was Murray that I was intending to visit. Here, I am not laying blame on the deputy (for he was a nice guy), I am simply stating the fact that I was not informed of any special conditions that would prevent me from visiting with Murray on Satruday. So, I decided on 7 am. I figured that there wouldn't be that many people visiting at that time of the morning, especially on Saturday (the deputy had explained that only so many people would be allowed in at each time period, and that if you didn't make it the time period selected, you would have to wait for the next time period). The deputy suggested getting to the jail an hour earlier than your scheduled time.

On Saturday, after having been out on Friday night and gotten about two hours of sleep, I arrived at the jail about 6: 10 am. As I was arriving, I met another guy who was visiting. As we talked, he (and not the deputy the day before) explained that there would be two lines of visitors, one for a special population of prisoners and one for "general population". This guy also informed me that I would need Murray's booking number and directed me where to get it. Later, around 7:15 am, after the special population people were given visitor's slips and allowed in the building, I inquired and discovered that Murray was a "special population" prisoner. So, I was allowed in the building ahead of the rest of the general population visitors.

After I entered the building and waited in line, prepared to visit with Murray, I was told to complete an application form for visitation privileges. After completing the form, I brought it back to the window. The female deputy then told me that I would have to wait two weeks to obtain a determination as to whether I could visit with Murray. She didn't tell me this when she gave me the form to complete. I was led to believe that I would be able to see Murray after completing the form. Needless to say, I was upset.

I was not allowed to see Murray over the Martin Luther King, Jr. holiday weekend, and there were no legtimate reasons provided indicating an inability of Murray to see or visit with me, e.g., isolation, jail lockdown, or medical incapacity. And, I doubt if Murray was told that I appeared to visit him. The State of California simply continues its discrimination against Murray, even on MLK's holiday weekend.

UPDATE

It has been well over a month now since I attempted to visit Dr. Murray, and I haven't heard anything from the jail, after being told that I would hear something in about two weeks ( which would have been around the first week of February, 2012). So, clearly the County did not follow through with its promise to contact me within two weeks. And, when I visited the jail in January, I spoke with two other women, while waiting in line to receive a visitor's pass, who stated that this had happened to them (after I had told them about the stated two weeks wait). One woman said that she had waited over a month and the other for several months, and neither woman had been abled to visit with the person they were seeking to visit with. So, there could probably be a class action lawsuit regarding this intentional misleading of the public, and, concurrently, denying some inmates visitation, probably without them knowing it. At minimum, short of a lawsuit, it would require going through other unnecessary changes in order to try and obtain a true and legitimate response.

Further, Dr. Murray has now been denied bail pending appeal by judge Pastor. Surprise! Apparently, Murray has been appointed counsel, and is being allowed to use his same trial counsel. And, this counsel, rather than attempting to get another judge, continues to file motions with Pastor knowing that Pastor is not going to grant them. It's simply is a waste of time and resources. This time, from what I gather, bail was denied based on Murray being a "flight risk". Sure! Murray has a girlfriend and a child here, and apparently few funds, and he's going to flee. Where to? and why? And if he flees, then what? Is he going to go in hiding? Please! There is simply no legitimate reason why Murray should not be granted bail pending his appeal. Murray would have every reason in the world not to violate bail conditions. Has Texas and Nevada suspended or revoked his license? If not, that would be a major reason not to violate bail conditions. Texas and Nevada refused to follow Pastor's lead before when he suspended Murray's license, perhaps they will again refuse California's revocation lead, if they believe that Murray did not receive a fair trial from Pastor. But, California's discrimination against Murray continues.

UPDATE-- June 18, 2012

It has been several months now since I completed an application to see Dr. Murray, yet, I haven't heard or received anything from the jail regarding my request to visit with him. So, the jail and County officials continue to intentionally deny Murray and me visitation rights.


**UPDATE--October 30, 2013

Murray has now been released from jail (two days ago), having served his sentence (with good time credits). I never got to visit with him while he was incarcerated. This was a violation of both Murray's and my due process rights. But, I don't expect Murray to do anything about it. He's not the person who I thought he was when I initially advocated on his behalf. He's on his own now.