Conrad Murray Will Not Testify
KAYE: Breaking news. We are just learning Michael Jackson's doctor, Conrad Murray, will not testify in his trial. His decision is critical to the direction of his trial and possibly the verdict as well. I want to go straight to defense attorney Mark Geragos, who once represented the king of pop himself. Mark, first, I guess I have to ask you, what do you make of Murray's decision not to testify?</s>MARK GERAGOS, DEFENSE ATTORNEY: Well, you labeled it breaking news. I label it as obvious. I didn't think there was any way, once the prosecution put on that tape of his, that the defense was ever going to let him testify in this case.</s>KAYE: Yesterday it was a pretty heated day in court. I know you had a chance to watch some of it. Dr. Paul White, the key witness, the Propofol expert for the defense, he's actually now going to be fined apparently $1,000 for sharing some of his personal conversations with Conrad Murray. It's sort of a way to get the story out there without putting Murray on the stand. I mean is that a good tactic?</s>GERAGOS: Yes, I think it is, actually. I -- you know, I understand what the judge did. I don't fault Dr. White for it in the least. I think he's in a tough situation. You've got a judge who wants this trial over. He's trying to reign it in. I think this morning he's been a little irritated as well, the judge has. But this is the defense's most crucial witness. Most judges, I think, would give him some latitude. And this cross-examination, frankly, in my opinion, is the most critical part of this trial. Whether he withstands the cross- examination by David Walgren is going to, I think, in a lot of ways, determine what way this jury goes.</s>KAYE: Obviously there are two sides to how this really went down. The prosecution believes that Conrad Murray gave Jackson the fatal dose of Propofol, but the defense is saying that Jackson injected himself very quickly. That's what Dr. Paul White is saying. Let's listen to a little bit of Dr. White in court yesterday.</s>DAVID WALGREN, PROSECUTOR: So Michael Jackson's walking around, wheeling the IV stand, attached at a condom catheter, and Conrad Murray is somewhere else on the phone. That's the assumption underlying your scenario, correct?</s>KAYE: With all that Jackson was hooked up to, Mark, I mean it sounds like Walgren, the prosecutor, was making this scenario sound pretty ridiculous. Did it work?</s>GERAGOS: Well, I don't know. I had commented earlier, David has got a great way about him and jurors like him. I've known him for a long time and known those who tried cases with him. So he builds up a lot of capital, if you will. Goodwill with the jury. At the same time, a lot of jurors find it distasteful if you beat up a witness too kind of unfairly or if you're rude or obnoxious to them. I don't think that was the case here. But at the same time, if I were a betting man, I still think this looks like it's programmed for a hung jury.</s>KAYE: Really? Hung jury? Is that the scenario you think this is going to end with?</s>GERAGOS: Yes. I -- if I had to predict, I'd say you're looking at something like a 9-3 or 10-2 favor of guilt hung jury. That would be my guess. I'll make that prediction now. You've got it on tape.</s>KAYE: We do have it on tape. I'm going to hold you to it. Just very quickly, what do you think they'll be hung up on exactly? What will be the problem?</s>GERAGOS: I think this is exactly what the issue is going to come down to. There's a jury instruction that Judge Pastor is going to give. It's going to talk about, first of all, his gross negligence. And I don't think there's going to be any dispute in the jury room about the gross negligence. I think clearly he was. He deviated from the standard of care. Even Dr. White, their best witness, says that or admits that. The key to this case is going to be the causation. Did that gross negligence cause Michael Jackson's death? There is a word in that jury instruction talking about intervening cause. Intervening. Something else. So the defense is going to say Michael Jackson was the intervening cause that was the result -- and the result was his death. That's where the battle is going to be. Some jurors I think may have problems with that.</s>KAYE: All right. Well, we'll hold you to it. We'll see if your prediction is correct whenever this trial ends. Mark Geragos, nice to see you. Thank you. Herman Cain finally sticking to one story.</s>HERMAN CAIN (R), PRESIDENTIAL CANDIDATE: I have never committed sexual harassment in my entire career, period.</s>KAYE: Will damage control clear his name or cause more damage? That is "Fair Game" next. But first, our political junkie question of the day, since 1900, which third party candidate captured the largest percentage of the presidential vote? The answer is just ahead.