Questions about drug use intensify

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Nick Ut / The Associated Press Archives Police officers outside home rented by Michael Jackson in Los Angeles Saturday. Janet Jackson arrived at the estate, where moving vans showed up earlier Saturday. (CP)

LOS ANGELES -- The investigation of Michael Jackson's death is widening as questions intensify about the drugs he took, the doctors who provided them and the actions of police.

Why didn't police seal the mansion where he had been living? Why didn't they get immediate search warrants? Why did they tow away a doctor's car right after the death but not declare the home a crime scene? And why was Jackson's sister Janet allowed to move possessions out of the mansion two days after the death, before police searched it?

Los Angeles police say proper procedures were followed based on the circumstances officers encountered when they were called to the home at 12:21 p.m. on June 25. A doctor was attending to Jackson and stayed with him when he was placed in an ambulance at 1:07 p.m. There was no sign of foul play.

Others say police should have assumed it was possible a crime occurred and taken precautions to ensure the scene was not disrupted so evidence wasn't lost or tainted.

"If I was the chief detective on the case, I would have said, 'We don't know what's going on. We should seal the scene,"' said defence attorney Harland Braun, who has represented celebrities including Robert Blake, Roseanne and Gary Busey. "You always have to think of the worst-case scenario and you have to think fast. I would have sealed the scene just because it was Michael Jackson."

Whether the Jackson probe turns into a criminal investigation hinges on what evidence emerges involving the drugs. Charges could be brought if authorities determine Jackson had been overly prescribed medications, if he had been given drugs inappropriate for his medical needs, or if doctors knowingly prescribed Jackson medications under an assumed name.

It's still not known what caused Jackson's death at age 50. The pop star went into cardiac arrest in his bedroom and his personal physician, Dr. Conrad Murray, performed CPR while an ambulance was called, according to Murray's lawyers. Murray has spoken to police and authorities say he is not a suspect, though his actions have come under scrutiny because his own lawyers acknowledge it may have taken up to a half-hour for an ambulance to be summoned.

An autopsy was conducted but results are not expected for several weeks. The Jackson family had a second autopsy performed and those results also are pending.

On Wednesday, The Associated Press learned Los Angeles police asked the Drug Enforcement Administration to assist in the investigation.

DEA agents participated in the investigation of the 2007 overdose death of Anna Nicole Smith at a Florida hotel. California Attorney General Jerry Brown charged her former boyfriend and two of her doctors in March with conspiring to provide Smith with prescription drugs. Brown said they broke the law because Smith was a "known addict." They deny the charges.

The DEA also probed whether painkillers found in actor Heath Ledger's system after his death last year were obtained illegally. Federal prosecutors did not charge anyone.

Jean Rosenbluth, a University of Southern California law professor, said the agency's involvement in the Jackson case suggests authorities are looking into whether drugs came from out of state. Murray lives in Las Vegas and is licensed to practice in Texas, Nevada and California.

Federal drug regulations include controls over whether and how frequently a doctor can write prescriptions over the phone, and DEA agents could be looking to see if these rules were broken, Rosenbluth said.

"You can't just get on the phone and continue to prescribe something for someone without having seen them for a long period of time," she said.

Jackson had a well-known history of using prescription medications, especially painkillers. Following his death, Cherilyn Lee, a registered nurse who had worked for Jackson, told the AP she repeatedly rejected his demands for the drug Diprivan, also known as Propofol. It's a potent anesthetic used in operating rooms and it would be highly unusual to have it in a private home.

Uri Geller, a former Jackson confidant, said he tried to keep Jackson from abusing painkillers and other prescription drugs, but others in the singer's circle kept him supplied.

-- The Associated Press

Republished from the Winnipeg Free Press print edition July 3, 2009 A14