Murray wants to go out of jail

Murray asked a judge Friday (January, 27 2012) to release him from jail pending his appeal. He claims in his legal docs he has a legitimate basis to appeal his manslaughter conviction.

Among the grounds for appeal -- "improper exclusion of defense evidence and witnesses that resulted in violating the defendant's State and constitutional rights to due process, to present a defense and to the effective assistance of counsel."

Murray's lawyer also says, "He has exhausted virtually all of his available resources."

He said he is not a danger to society, will not flee the area, and wants to work to help support his seven children.

His lawyer, J. Michael Flanagan, said in the motion that Murray knows he cannot work as a doctor but would find other employment. He suggested the sentence and Murray’s mode of confinement is extremely severe for a man with no prior criminal record.

He said Murray is being held in solitary confinement and is chained to a table when he meets with his lawyers. He also said Murray is extremely sorrowful about Jackson’s death.

While sentencing him, Los Angeles Superior Court Judge Michael Pastor had harsh words to him, pointing out his many lies, total lack of remorse and his blaming the victim. During the trial, Murray shot a documentary aired on MSNBC in which, in addition to talking extremely bad about Michael Jackson, he stated that he felt he didn't do anything wrong.

Murray’s appeal has not yet been filed, but the motion offered a preview of some issues that will be raised, including the claim that Superior Court Judge Michael Pastor should have allowed testimony about Jackson’s financial condition. After evaluating the possibility of allowing the above mentioned testimony, Judge Pastor concluded that the trial was not on Michael Jackson's financial condition, but rather on Murray's extremely negligence. Murray was charged with involuntary manslaughter for administering the powerful anesthetic propofol out of the hospital setting and without properly monitoring his patient.

Flanagan said the exclusion of that evidence “seriously compromised the defendant’s ability to demonstrate the desperate situation which was guiding the decisions and choices of both Mr. Jackson and Dr. Murray.”

Murray's blaming Jackson for decisions that led to his death.

“Mr. Jackson was an uncooperative patient who made decisions and demands based upon his particular needs,” said Flanagan. “One of which was his extremely precarious financial situation complicated by drug addiction. “

The Los Angeles Coroner determined that Michael Jackson had no drug addiction problem.

Flanagan also cited the judge’s refusal to sequester the jury and the presence of cameras in the courtroom as appellate issues.

With Murray’s appeal expected to take more than a year to move through the courts, the attorney said it would be unfair to keep him jailed in the interim.

Under sentencing guidelines, Murray is expected to serve no more than half of his sentence. The attorney said if he served his complete sentence he would not receive the benefits of a favorable appeal decision if his case was overturned.

A hearing on the motion was set for February 24.

MJFS - AP - TMZ