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Herman Cain is 'Reassessing' Presidential Run; Conrad Murray Gets Four Years; American Airlines Declares Bankruptcy

Aired November 29, 2011 - 12:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

SUZANNE MALVEAUX, CNN ANCHOR: Top of the hour. I'm Suzanne Malveaux.

I want to get you up to speed.

The man blamed for Michael Jackson's death will learn his fate today. These are some live pictures at the sentencing of Dr. Conrad Murray. He faces up to four years in prison, plus more than $100 million in restitution to be paid to Jackson's children. Murray was found guilty of involuntary manslaughter just three weeks ago.

The Syracuse basketball team takes on Eastern Michigan. That's happening tonight. It is the first home game for the orange since Bernie Fine was fired.

Now, three men accuse the assistant coach of molesting them when they were kids. Fine's wife, Laurie, seemed do confirm his attraction to young boys in a taped telephone call from 2002.

CNN tried to ask her about that.

(BEGIN VIDEO CLIP)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Yes, ma'am. I'm Gary Tuchman with CNN. I'm sorry to bother you --

LAURIE FINE, BERNIE FINE'S WIFE: You're not bothering me.

TUCHMAN: -- but -- I was hoping I can ask you -- your nephew was saying that you might make a statement.

FINE: We have no statement.

TUCHMAN: You're not going to make a statement?

FINE: Not today.

TUCHMAN: Is that tape misinterpreted though?

FINE: I have no comment.

TUCHMAN: How come you can't comment?

FINE: I cannot comment.

(END VIDEO CLIP) MALVEAUX: Syracuse police are defending their handling of the Fine case. The chief concedes an alleged victim did come forward back in 2002, but he says the case was not opened because the statute of limitations had expired. The chief says his department did not know of the taped phone conversation featuring Laurie Fine until just this month.

Vice President Joe Biden arrived in Baghdad just a short time ago. He's going to be meeting with Iraqi leaders as U.S. troops pack up, pull out by December 31st. Biden is also going to look at areas of continued U.S./Iraqi cooperation like defense, trade, as well as building a Iraqi judicial system.

Angry Iranians stormed the British Embassy in Tehran today. Now, protesters broke down the embassy door, they trashed the place, and then raised the Iranian flag. The crowd wants Britain's ambassador to go home. The Iranian parliament expelled the ambassador on Sunday in retaliation for new Western sanctions. The BBC is reporting embassy staffers escaped through a back door.

So, for the first time in decades, some Egyptians feel their vote actually matters. It's the second day of parliamentary elections in Egypt, and it is the first election since the fall of Hosni Mubarak's regime that collapsed after 30 years. Now voters, they have got thousands of candidates to choose from.

And right now, prosecutors in an L.A. courtroom arguing that Dr. Conrad Murray should spend four years in prison for the death of Michael Jackson.

Going to go live to Sandra Endo. She's outside the courtroom for the very latest.

Sandra, bring us up to speed here. What are the prosecutors saying?

SANDRA ENDO, CNN CORRESPONDENT: Well, the prosecutors, Suzanne, are painting the picture of Dr. Conrad Murray as very negligent, saying that he violated the doctor/patient relationship, and says to the courtroom, to the judge, inside right now, saying that every day, Dr. Conrad Murray played Russian roulette with Michael Jackson's life.

Now, earlier this morning, a statement was read by the Jackson family's lawyer from the Jackson family saying that they hope that the judge imposes a sentence that will send a message that doctors cannot violate the doctor/patient relationship and sell services to the highest bidder.

Now, later, we'll hear from the defense. Murray's lawyers will argue that Murray will deserve probation. They say that he will spend the rest of his life with this conviction and ultimately likely lose his medical license.

So two sides of the argument here. Obviously, it's up to the judge to decide, but Dr. Conrad Murray faces up to four years in prison. But because of the overcrowding issue in California, that will likely be reduced to two years maximum. So, certainly a long, interesting day. We know that Jackson family members are inside the courtroom this morning. We saw them arrive here to the courthouse. They've been a mainstay throughout the trial, and of course this is the culmination -- Suzanne.

MALVEAUX: Sandra, I understand that we have got some good sound from the prosecutor. I want to play a little bit of that for our viewers now, the case that they are making.

(BEGIN VIDEO CLIP)

DAVID WALGREN, PROSECUTOR: The defendant was playing Russian roulette with Michael Jackson's life every single night. Every single night that they were up in that bedroom, and Conrad Murray was administrating Propofol in that reckless, obscene manner, Michael Jackson's life was put at risk. So the crime, when looking at it, and looking at whether it's an aggravated crime or not, I think one needs to look at the full picture.

(END VIDEO CLIP)

MALVEAUX: We again are awaiting -- live pictures there -- we're awaiting the decision by the judge for Dr. Conrad Murray and the sentencing there. We're going to bring that to you as soon as it happens.

Another big story, Herman Cain, of course, he's had a rough month, which brings us to today's "Talk Back" question: Should Cain drop out of the presidential race?

Carol Costello, she is joining us with more from New York.

I can't think of a better, more appropriate conversation, Carol, in light of the fact that we've just learned that Cain is reassessing his campaign now.

CAROL COSTELLO, CNN CORRESPONDENT: Oh, you've got that right, Suzanne.

The Cain train's final stop will most likely not be 1600 Pennsylvania Avenue, not unless the big train conductor in the sky can take over the spin machine and campaign. Forget the latest allegations of marital infidelity. Candidate Cain has had a really, really bad few months.

There was his initial inability to explain his own economic plan, 9-9- 9, his botched answer on Libya, his confusing abortion beliefs, his seeming confusion over government unionization, and his campaign's inept handling of sexual harassment allegations.

That's the one that did it for the Tea Party Nation. Judson Phillips saying, "Herman Cain has got to go. If Cain cannot run his own campaign, how is he going to run the country?"

Other Republicans are piling on.

(BEGIN VIDEO CLIP) KAREN HANRETTY, REPUBLICAN STRATEGIST: This campaign is a complete disaster. Cain was in Ohio yesterday selling books. He's not even really campaigning now in Iowa. So, I think as we continue, we see that this campaign is really a farce.

(END VIDEO CLIP)

COSTELLO: Cain's book, "My Journey to the White House," is selling. It's number 43 on Amazon's ranking on political biographies and memoirs.

As for Cain, he says he's still in it to win it. After all, Bill Clinton survived charges of infidelity.

But the "Talk Back" question for you today: Should Herman Cain drop out of the presidential race?

Facebook.com/CarolCNN. I'll read your comments later this hour.

MALVEAUX: Carol, we know he's reassessed before, as he had mentioned, so we'll see whether or not this actually goes in that direction. But clearly, he's got a lot of work to do with the poll numbers sagging and trying to earn some money and fund-raising, and now losing support of a lot of the female voters with these new accusations.

COSTELLO: That's right. And he also has his family to keep in mind, because this stuff is really hurting them right now, too.

MALVEAUX: All right, Carol. Thank you.

A rundown of some of the stories ahead.

First, American Airlines files for bankruptcy. What this is going to mean for you and of course your holiday plans.

Then, Egypt holds its first election since the Mubarak era ended. How the high turnout of women could help the country turn a new page.

And a mother, believe it or not, loses her 8-year-old son to child services because he weighs 200 pounds.

Plus, tired of standing in shopping lines? If you have a tablet or a smartphone, eBay has an app tailor-made for you.

And this --

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I don't want to be a burden to my son. And frankly speaking, hope that I'll be killed in a car accident. That's the best that I can hope for.

(END VIDEO CLIP)

MALVEAUX: Wow. Aging baby boomers' increasing worries about becoming a burden. (COMMERCIAL BREAK)

MALVEAUX: American Airlines filed for bankruptcy earlier today, and it is one of several major carriers that have sought protection under Chapter 11.

Richard Quest has details from London.

So, you know, Richard, the one question we always have, because we're thinking about ourselves here, is how does it impact us if we've booked a flight on American and we want to go off for the holidays? Are our tickets still good? Are our frequent flyer miles still good?

RICHARD QUEST, CNN INTERNATIONAL CORRESPONDENT: All right. The important thing is in this statement from American Airlines, and it is also on their Web site, AA.com.

And it is basically this: for the traveling public, this has absolutely no effect. The planes will still be taking off. You will still be paying extra if you're putting bags in the hold. You'll still get champagne if you're sitting at the front.

This is about American Airlines -- maybe longer term there'll be some changes, but frequent flyer miles remain -- I cannot say this often enough. If you look back over the last three or four years, US Airways has been in bankruptcy twice, United has been in bankruptcy protection, Delta, before it merged with Northwest, was in Bankruptcy. Northwest itself was in bankruptcy.

So, American is now playing catch-up. All these other airlines drove down their costs under the bankruptcy protection courts, and now American is finding it has to do the same.

Untellable, difficult. They had to do -- these are the sort of phrases.

The group that will be concerned, rightly so, tonight, American employees. What does it mean for their wages and benefits?

Earlier, I spoke to Tom Horton, the new chief executive at American Airlines. What does it mean for his thousands of co-workers?

(BEGIN VIDEO CLIP)

TOM HORTON, CHAIRMAN & CEO, AMERICAN AIRLINES: Well, I think the most important thing is that day one, the Chapter 11 filing itself won't cause any changes to wages or benefits. Of course, our objective here is to make the company more cost-competitive, so down the road, there may well be changes. But there's a process wherein we will sit down with our union leaders and with other non-organized work groups and work through the best way to reach the best outcome for the greatest number of people.

(END VIDEO CLIP)

QUEST: "The best outcome for the greatest number of people," that just about sums it up. Putting that in perspective, American's cost for labor, it's about 32 percent of the total expenses of the aircraft. Expect -- of running the airline. Expect that to go down to match those of United and Delta.

MALVEAUX: So it's rough news there for a lot of folks who could be out of work and lose their jobs.

Why do we think that American Airlines waited this long to declare bankruptcy? I mean, why is this happening now?

QUEST: Yes. Before we -- I mean, layoffs I'm not so sure about. It's going to be much more about changing wage agreements, changing pension agreements, all those sort of things, rather than layoffs. And it's still some way down the road.

Why did American wait now? I think -- look, I've covered American Airlines for many years, and I know that they desperately hoped to avoid doing this by doing everything possible. But the reality is, the difference between American's cost and the others was too great to nibble at the edges.

They couldn't do it with a bit here and a bit there, and an agreement here and -- they had to take the whole sale, blow it all up and put it all back together again. The unfortunate thing is they perhaps waited so long to do it when the others got there first.

MALVEAUX: All right. Richard, thank you very much. Appreciate it.

Richard Quest.

We are watching the Conrad Murray sentencing phase of all of this. This is Michael Jackson's doctor who was convicted of involuntary manslaughter in the death of Michael Jackson.

We have just heard from his attorney, and he says that Murray will not speak at this sentencing. Now, it is important to note that there are statements that come from both sides in terms of how the judge should sentence Conrad Murray, so there are statements on his behalf, but we are told that he's not actually going to be taking the stand to speak on his behalf in this sentencing phase, a very critical phase that could determine whether or not he spends four years in prison or he has probation, serves his term at home.

Another story we are following, voters in Egypt, they are considering thousands -- I'm talking about thousands -- of candidates as they elect a new parliament. And for women, the outcome could have a huge impact on the freedoms that they can enjoy every day.

(COMMERCIAL BREAK)

MALVEAUX: Despite delays and fears of violence, voters flocked to the polls in Egypt for the second day of parliamentary elections. It's the first election since the 30-year-old rule of president Hosni Mubarak ended. And for women, the results could have huge consequences.

Here's CNN's Jim Clancy with a look at the voting. (BEGIN VIDEOTAPE)

JIM CLANCY, CNN INTERNATIONAL CORRESPONDENT (voice-over): Egypt's women voters stream to the polls with enthusiasm, determination, and a sense of destiny. For some, this vote would open up the world of possibilities not just for them, but for daughters and granddaughters as well.

In Cairo, long lines formed outside polling stations exclusively for women. Some waited from well before dawn despite concerns about where this vote, this era (ph) of awakening, would take them. There were no illusions.

UNIDENTIFIED FEMALE: It will not change in one month or a year or five years. It will take a long time to change from one system to the other. We've been going with this system for the past 30 years, and it's not like a button we push to change everything.

CLANCY (on camera): What's the sense you get about the women that are gathered here and voting today?

UNIDENTIFIED FEMALE: It's an awakening. I'm very happy, and I feel that even when I see old ladies hardly walking, it makes me feel that, really, Egypt is reviving.

CLANCY (voice-over): Egypt's women are concerned that if Islamists gain a majority in the assembly, or lower house, their hopes for a more liberal life will be smothered. Some were voting for first time in their lives. Others said that while they had cast ballots in the past, this was, for them as well, their first truly free vote.

(on camera): Do you feel like you're voting for the first time?

UNIDENTIFIED FEMALE: Yes, I feel this is the first time. Before, I don't care for voting, but now I care.

CLANCY (voice-over): They care. They are invested in the outcome.

For some, it seemed casting a ballot this day was more than a civic duty. It was a moral mission.

(on camera): It is hardly a surprise that the women of Egypt have turned out in force to cast their ballots on this, the first day of elections. In the words of many, they have felt oppressed for decades, and what they want to see more than anything else is a clear separation of church and state in a new Egypt.

Jim Clancy, CNN, Cairo.

(END VIDEOTAPE)

MALVEAUX: We want to go "Beyond the Headlines." We've seen how difficult it is for a nation to reestablish itself after the fall of a dictator, even after an election. Take a look at Iraq for example.

So how is Egypt going to get its footing? Joining us from London is Fawaz Gerges. He is the director of the Middle East Center at the London School of Economics and author of the book "The Rise and Fall of al Qaeda."

Thanks for being with us.

You look at these pictures, you see what's going on in Egypt, the election so far. What do you make of how it's going there on the ground?

FAWAZ GERGES, DIRECTOR OF MIDDLE EAST CENTER, LONDON SCHOOL OF ECONOMICS: Well, I think so far, so good. I mean, basically, the voting, we're talking about 50 and 80 percent of Egyptians who are voting. This is really an historic moment.

Since 1952, when the military took over from the old regime, Egyptians really have not had the chance to freely cast a ballot and elect their representatives. And that's why this is a moment of hope.

This is really a moment of empowerment. And that's why many Egyptians basically are trying to really -- it's a moment of self-determination, even though many Egyptians really are not celebrating the moment in the same way that the Tunisians did a few weeks ago.

MALVEAUX: Sure. And help us understand this, because they are very optimistic about this. But do their votes count if the military stays in power? How do they manage to negotiate who's actually in charge here?

GERGES: Well, I think this is a very important point, because the reason why Egyptians are not celebrating this particular moment of hope, because there's a great deal of mistrust between many Egyptians and the ruling generals. And, in fact, elections have taken place, overshadowed by a huge dark cloud, the last wave of unrest against the military generals.

In fact, the military has just made it very clear that the voting, the large numbers of Egyptians turning to vote, is a boost for the military. One general said today that, basically, the new parliament, the military, will not cede power to the new parliament, and this tells you about the complex relationship between the civilian leadership that will emerge out of this parliament and the military.

But, for your viewers, one particular point. The basic mandate of this parliament is to basically select a committee to draft a new constitution. This is the basic mandate of this new parliament because there will be presidential elections by the summer of 2012.

MALVEAUX: And the U.S. government here has counted on Egypt's military for at least three decades to maintain the status quo here. That is, enforcing the Camp David Accords with Israel, beating back the radical terrorist elements in Egypt, suppressing the Muslim Brotherhood.

So, how does the United States ensure its own interests are protected here with potentially a new Egyptian government and not with the backing of that military that it's counted on? GERGES: Well, again, another great question, because since 1979, when Egypt signed the Camp David peace treaty with Israel, ending the state of war, the United States has been providing around $2 billion of aid to Egypt. Most of it goes to the military.

I think if there is one particular lesson that the United States really must learn about what has happened in the last 10 months in the Arab world, it must not rely on dictators and autocrats to preserve its own interest. This is the big lesson that emerges after really the new awakenings and uprisings that we have seen.

The United States must learn to invest its interest with what we call the social classes, the majority of the people, the aspirations of young men and women in Egypt. The United States must learn to really deal now with Egyptians, not with just autocrats to preserve its own interest.

Another final point about the United States. Really, what we have seen in Egypt in the last 10 months, this is not about the external world, this is not about the United States. This is really about the internal tormenters, the dictators that have bled out societies, including Egyptian society, dry since the last 40 or 50 years.

MALVEAUX: All right. Fawaz Gerges, thank you so much. We appreciate your perspective.

We are tracking two developing stories for you at this time.

You're taking a look at live pictures here, the sentencing of Michael Jackson's doctor, Conrad Murray. They are in the process of determining whether or not he's going to get four years in prison or perhaps just probation, stay at home, community service type of thing. Both sides weighing, making their points, their statements to the judge. The judge will make that determination.

Conrad Murray, convicted of involuntary manslaughter in the death of Michael Jackson.

And we also have new developments now in the Herman Cain campaign. After a woman comes forward saying she had an affair with the candidate, well, the question is whether or not he's going to stay in the race.

(COMMERCIAL BREAK)

MALVEAUX: I want to go straight to the courtroom in Los Angeles. This is the sentencing phase for Dr. Conrad Murray. Let's listen in to what the judge is saying.

(BEGIN LIVE SPEECH)

JUDGE MICHAEL PASTOR, LOS ANGELES SUPERIOR COURT: -- cause the death of Michael Jackson, it's important to emphasize the standard of criminal negligence found by this jury beyond a reasonable doubt. Because some may feel this was a medical malpractice case, it wasn't. It was and is a criminal homicide case. And this jury found beyond a reasonable doubt that the defendant with criminal negligence caused the death of Michael Jackson. And criminal negligence is defined as follows.

Criminal negligence involves more than ordinary carelessness, inattention or mistake in judgment. A person acts or fails to perform a legal duty with criminal negligence when one, he or she acts or fails to perform a legal duty in a reckless way that creates a high risk of death or great body injury.

And, two, a reasonable person would have known that acting or failing to perform a legal duty in that way, would create such a risk. A person acts with criminal negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.

It's important to remember the focus on those terms and not to treat them cavalierly as some might, by saying, well, it just happened, and well, if it weren't for Dr. Murray, someone else may have been involved.

I categorically disassociate myself from those types of statements. This is not a question about what might have happened or what if someone else had been involved if not for Dr. Murray. That is an insult to the medical profession.

The fact is that Michael Jackson died because of the actions of and the failures to perform legal duties on the part of dr. Murray. Not some other medical doctor and also not exclusively because of Michael Jackson.

I accept Mr. Chernoff's invitation to read the whole book and I have. I've been impressed by the submissions from family and friends and associates of Dr. Murray. It is a book of Dr. Murray's life, but I've also read of book of Michael Jackson's life. Not isolated chapters from either.

Regrettably, as far as Dr. Murray is concerned, the most significant chapter as it relates to this case is the chapter involving the treatment or lack of treatment of Michael Jackson.

And Michael Jackson died not because of an isolated one off occurrence or incident. He died because of a totality of circumstances which are directly attributable to Dr. Murray, not some mistake or some accident in the early morning hours of June 25th, 2009.

But because of a series of decisions that Dr. Murray made which jeopardized his patient, which violated his obligations to his patient and the essence of his hypocrite oath, those violations overcome the other aspects of Dr. Murray's treatment of other patients and the good deeds he may have done before that time.

Dr. Murray created a set of circumstances and became involved in a cycle of horrible medicine. The practice of Propofol for medicine madness, which violated his sworn obligation for money, fame, prestige and whatever else may have occurred.

So I don't look to one isolated incident in terms of the misdeeds of Dr. Murray or the deeds of Dr. Murray. But in so far as this case is concerned, Dr. Murray engaged in a recurring continuous pattern of deceit, of lies, and regrettably, that pattern was to assist Dr. Murray.

It is almost inconceivable that Dr. Murray would have persisted in this pattern over such an extensive period of time. The lies, the deceit regrettably that pattern was to assist Dr. Murray. It is almost inconceivable.

That Dr. Murray would have persisted in this pattern over such an extensive period of time. The lies, the deceit began and continued as we heard for six weeks worth of testimony, to build up an absolutely astounding set of circumstances.

The lies from the inception of his medical relationship at the Holmeby Hills residents as far as ordering Propofol in staggering qualities, unprecedented quantities, the lies to the pharmacy and to the pharmacist, the sophisticated intentional deception in that regard.

The lies and repeated deception to those associated with Mr. Jackson, whether it be members of the staff and also members of the production team, AEG, and Mr. Jackson's personal and professional associates. The continuing series of lies to Michael Jackson's security and staff personnel at a critical point in time.

The unconscionable lies to health care providers, life savers, paramedics and medical personnel at UCLA, which were not designed to help his patient, quite the contrary, which were designed to deceive and give Dr. Murray a way out. The efforts on the part of Dr. Murray to subvert the process by attempting to destroy evidence, subsequent efforts to cover up by distortions and lies to law enforcement.

If one looks to the crime of involuntary manslaughter in a vacuum, one can say, this may be something that went terribly wrong and it's tragic. But it's so critically important not to have a superficial gut reaction to what happened in this case.

But to look at the totality of circumstances in terms of the longstanding failure of character on the part of Dr. Murray to serve his patient. And when one does that, one can't help, but be offended by the circumstances in this case.

Of everything I heard and saw during the course of the trial, with one aspect of the evidence stands out the most and that is surreptitious recording of Michael Jackson by his trusted doctor.

And I've repeatedly asked myself, why did this happen and for what reason? And I can speculate and surmise that there might have been some justifiable reason or some benefit to Michael Jackson. That would be an entirely unreasonable conclusion.

That tape recording was Dr. Murray's insurance policy. It was designed to record his patient surreptitiously at that patient's most vulnerable point. I can't even imagine that happening to any of us because of the horrific violation of trust.

And I can't help but wonder that if there had been some conflict between Michael Jackson and Dr. Murray, at a later point in time in their relationship, what value would be placed on that tape recording if the choice were to release that tape recording to a media organization to be used against Michael Jackson.

And regrettably, that failure of character was compounded by later actions on the part of Dr. Murray. Each of which amounted to a betrayal of trust and confidence and a clear violation of the doctor/patient relationship.

And an undermining of the phenomenal role and responsibility that health care personnel, doctors, nurses, paramedics, health care aids, perform in our society. We revere medical doctors and we should because they work diligently and they serve and they make sacrifices to keep us well.

And unquestionably Dr. Murray did that. But at some point, things went terribly wrong for Dr. Murray and when he had an opportunity, he didn't get out. He stayed in and he got deeper and deeper in trouble.

And he betrayed the very oats and tenants of his medical profession. So I do look to the totality of circumstances. And when I looked at the totality of circumstances and look to the whole book, the book of Dr. Murray's life, I also like to the chapter that disturbs me most and that's the chapter to which I've referred. I can't say that my opinion changed after I became aware of the production involving Dr. Murray after the jury verdict in this case.

When Dr. Murray says I don't feel guilty, that's what he says, Mr. Chernoff acknowledges candidly that there's fault here, but you're not hearing from Dr. Murray. You didn't hear it at the time that Dr. Murray interacted with the security staff and the staff at the Holmby Hills property.

You didn't hear it from Dr. Murray when he encountered members of the paramedics squad. You certainly didn't hear it when Dr. Murray encountered Dr. Coopers and Nuwin (ph), who were on a life saving mission. You didn't hear it when Dr. Murray talked to the detectives at LAPD. And you certainly didn't hear it during Dr. Murray's interview in this faux documentary, faux realty production where in Dr. Murray says, I don't feel guilty. I wasn't reckless. I didn't tell them about Propofol because they never asked the question. And it wasn't important. And where Dr. Murray, at that point, says he feels betrayed and entrapped by Michael Jackson.

Yipes. Talk about blaming the victim. Not only isn't there any remorse, there's umbrage and outrage on the part of Dr. Murray against the decedent, without any, any indication of the slightest involvement in this case.

To hear Dr. Murray say it, Dr. Murray was just a bystander who sort of came upon a scene and was put in this situation because of everybody else's actions other than himself. Whether it be members of the family, whether it be members of AEG, whether it be Mr. Jackson or anybody else. Those are factors which cause me tremendous concern because the essence of probation is a recognition that someone may have done something wrong, some responsibility, some remorse.

Why give probation to someone who is offended by the whole idea that that person is even before the court? You can't have probation when there isn't an acknowledgement of rehabilitation and responsibility. And regrettably, Dr. Murray doesn't have any of them. Dr. Murray certainly is statutory eligible for probation. I looked valiantly for efforts to satisfy myself that while Dr. Murray was legally eligible for probation, he was suitable for probation. And I really didn't become convinced I could find any.

Dr. Murray is eligible for probation. The court declines to grant probation in this case for a host of reasons. And in making that decision, I acknowledge that Dr. Murray has throughout his 58 years provided services to the community and has helped many individuals. But I also acknowledge that he unquestionably violated the trust and confidence of his patient, Mr. Jackson, on a repeated nightly basis. Michael Jackson, as a patient, was vulnerable because Dr. Murray put Mr. Jackson in a position where Dr. Murray was responsible for the very life of Mr. Jackson.

Dr. Murray engaged in a sophisticated scheme to obtain Propofol through insidious means, by lying to the pharmacist, to concoct a story, by not keeping records and by allowing his personal life to interfere with his professional responsibilities. At the very time that people are depending upon Dr. Murray to be candid with them regarding Mr. Jackson's medical condition, Dr. Murray is lying. He's lying to the AEG people. He's lying to Mr. Ortega. He's lying to the insurance carrier. And anybody else he can. And he's engaged in personal matters while he should be paying attention to his patient.

Anybody who takes an objective view of what was going on here has to come to an ineluctable conclusion that Dr. Murray abandoned his patient. And this is not a simple one-off occurrence. This is an unacceptable, egregious series of departures from the appropriate standard of care, which undermine the physician/patient relationship and which are a disgrace to the medical profession. An honorable profession, which bears the blot, the scourge of what happened here.

So we're, again, we're not talking about a single isolated mistake. What we're talking about is a gross continuing deviation. So for those factors, the court makes a determination that Dr. Murray is not a suitable candidate for a grant of probation. The request for probation under the rules of court is denied.

The question then becomes, what is the appropriate period of incarceration. The court has many options, including hybrid type sentences as authorized by the Realignment Act of 2011 and straight sentencing. This court does not have the legal authority to actually send and imprison Dr. Murray in state prison. I do not have that legal authority and I certainly am going to follow the law in that regard.

The legislature of this state signed a Realignment Act that declares certain offences, while felonies, not to be served in state prison and involuntary manslaughter is one of those. I do not have that legal authority. I must determine the appropriate sentence and, in making that determination, the court is guided by a triad of possible sentences that the court can impose, two, three or four years. The court no longer has to weigh what are called aggravated circumstances or factors versus mitigating circumstances or factors, but has to give a statement of reasons.

The court has determined that the appropriate term is the high term of four years imprisonment. I do so because, once again, I find that Dr. Murray abandoned his patient who was trusting him. His patient was vulnerable under those circumstances, having been administered potentially dangerous drugs by his medical provider. Dr. Murray's course of conduct extended over a period of time. Dr. Murray repeatedly lied, engaged in deceitful misconduct and endeavored to cover up his transgressions. He violated the trust of the medical community of his colleagues and of his patient. And he has absolutely no sense of remorse. Absolutely no sense of fault. And is and remains dangerous.

It's easy to say, oh, well, Dr. Murray's a medical doctor. He's a smart, sophisticated man. He does not have a criminal history. He may not be licensed to practice medicine in the future, although that has nothing to do with me. I have no authority over that.

The fact remains, Dr. Murray is offended by that patient dying. And I don't have any idea what will prompt Dr. Murray to do or not do something in the future that may be dangerous to a patient. If he does practice medicine in the United States or even elsewhere, I think Dr. Murray is so reckless based upon the law and the definition of criminal negligence that I read, and everything that I heard and saw in this case, and Dr. Murray's subsequent conducts -- conduct, that I believe he's a danger to the community.

I've taken into account all of the factors. I've stated my reasons. And those reasons, the nature and character of the offense, distinguish this charge of involuntary manslaughter in this case and this conviction of involuntary in this case, from other cases involving involuntary manslaughter. And there's a fundamental aspect of the criminal justice system, which is involved here. And that is, the fundamental aspect of punishment.

It should be made very clear that experimental medicine is not going to be tolerated. And Mr. Jackson was an experiment. The fact that he participated in it, does not excuse or lessen the blame of Dr. Murray, who simply could have walked away and said no, as countless others did. Dr. Murray was intrigued by the prospect and he engaged in this money for medicine madness that is simply not going to be tolerated by me. So as --

(END LIVE SPEECH)

SUZANNE MALVEAUX, CNN ANCHOR: You're listening to Judge Michael Pastor delivering the sentence here, saying that this was -- that the doctor, Dr. Conrad Murray, had no remorse here. He called this a pattern of deceit and lies that was a cycle of horrible medicine, medicine madness. I want to go to Richard Herman first, because he did make the point here, and I think it's an important one, he does not have the authority, despite the fact that he says four years in prison would be the law of the land under California law, that was amended recently, this year. He doesn't have the authority to actually send him to prison for four years. So what actually happens under California law to Conrad Murray now?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Suzanne, under California law, this four years that he just sentenced the doctor to, is reduced immediately to two years in county prison. Those two years in county prison now are subject to the Bureau of Prisons or the exact name for that group in California, federally it's Bureau of Prisons. Under their guidelines -- and this has nothing to do with the judge. He's out of the picture now. Under those guidelines, Suzanne, because Dr. Murray has no criminal history and because the crime that he was convicted of, involuntary manslaughter, is listed and enumerated as one of the non-violent crimes by the state of California, he is entitled to immediate home confinement due to prison overcrowding. And that's going to be the determination made by the county prison officials.

MALVEAUX: All right. I want to bring in quickly Sandra Endo, who is actually there at the courthouse. Any reaction so far? Are you seeing -- are people cheering? Are they upset? What is going on where you are?

SANDRA ENDO, CNN CORRESPONDENT: Suzanne, there were a few cheers outside the courthouse. There were a couple of fans gathered. But, of course, a large media presence. Everyone wanting to know the sentencing for Dr. Conrad Murray. But you heard it, the judge imposing the maximum sentence, four years in prison, as you mentioned, saying that he practiced and engaged in a pattern of lies and deceit, creating a sophisticated scheme, obtaining Propofol and then using it, medical madness. Calling this a longstanding failure of character between patient and doctor.

And what really did it, according to Judge Michael Pastor, is this recording. The creepy audio recording we heard throughout the trial of Michael Jackson, clearly drugged up, and Conrad Murray not giving a reason why he recorded that recording on his iPhone. And all the judge could say was, look, that was his insurance policy. So clearly the judge very upset over that.

Suzanne.

MALVEAUX: Thank you, Sandra.

I want to bring in Randi Kaye, who's been covering the trial from the very beginning. My colleague, Randi Kaye.

Randi, he talked about how he was offended that there was no remorse here coming from Conrad Murray. You spent many, many days in that courtroom, watching his demeanor. What did you make of that?

RANDI KAYE, CNN CORRESPONDENT: You know, it's hard to say, of course, how he felt truly about Michael Jackson. I mean a lot of people say, well, he was making $150,000 a month and that's why he took this job and maybe he wasn't paying as much attention to the patient as he could have.

But from what I witnessed in that courtroom, many times Conrad Murray had tears in his eyes. I mean I do think that there was some love on his behalf for Michael Jackson. I truly believe that he cared about him. But it seems as though he was in over his head. I mean as the judge pointed out there, there was lack of treatment. He had left the room, possibly for as long as 45 minutes on the day that Michael Jackson died, taking phone calls and sending text messages with three women in his life. And also the lies to the paramedics, Suzanne. The lies to the hospital emergency room workers. The judge obviously didn't stand for that and didn't like any of his actions.

MALVEAUX: All right. Well, Randi, we're going to give the story to you as someone who covered it, and obviously we're going to finish with CNN NEWSROOM this hour.