The first week of the involuntary manslaughter trial of Michael Jackson's physician when he died featured prosecutors trying to show Dr. Conrad Murray acted like a guilty man, according to former federal prosecutor Sunny Hostin.
Testimony they elicited that Murray was scooping up drug vials rather than taking care of Jackson was part of that effort, Hostin told "Early Show on Saturday Morning" co-anchor Russ Mitchell, as was paramedics saying Murray didn't tell them Jackson had been given the powerful anesthetic Propofol - which authorities say killed Jackson.
What struck her most about the paramedics' testimony, Hostin says, was "Murray's behavior after they arrived there. Prosecutors want to show consciousness of guilt. They want to show that he didn't act the way normal doctors would act in a situation like this. Rather than attending his patient, he is grabbing drug vials. That is very unusual, and the prosecution wants the jurors to infer he knew he had done something wrong. Something is just not right. That really is damaging evidence for him."
Murray not mentioning Propofol "again, looks like consciousness of guilt," says Hostin, a legal contributor to CNN's "In Session." "He's a physician. If you are giving your patient something that your patient is supposed to have, why not tell the EMTs (emergency medical technicians) -- the people who are there to help and you to help your patient -- the truth? He didn't mention Propofol. He didn't mention a lot of the drugs that were in Michael Jackson's system. Again, consciousness of guilt, and that's what the prosecution wants to show. This is a doctor who wasn't behaving as a doctor. He was way beyond the standard of care, way beyond what a normal doctor in the same circumstance would do."
Hostin called the timeline of events the day Jackson died "crucial," saying, "What we learned was 911 was called about 12:20. We also know that, around 11:49, he placed a call to a patient. (At) 11:51, a call to a girlfriend, and then the call drops. So, between 11:51 and 12:20, 911 wasn't called.
"That, again, is -- who does that? Who doesn't call 911? A reasonable doctor would have called. A doctor deviating from the standard of care would not. We're talking about 30 minutes. And the EMTs testified that, when they got there, they thought Michael Jackson was already dead. Cool skin, eyes open, mouth agape, hands, palms facing up. Looks like a dead body to them."
Hostin says the defense "has to address" Murray's actions that day. "You've to go explain that behavior. Certainly, a lot of people are saying, 'Well, now Conrad Murray has to take the stand.' That's very risky. I don't know that he's going to take the stand, but I always like to remind people trials are marathons, not sprints. We're in the first week here. This is a very, very good defense team. It's too soon to call it, but it isn't looking great in terms of Conrad Murray."