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Katherine Jackson - AEG lawsuit : NEWS Only (No discussion)

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Anthony McCartney ‏@mccartneyAP 7m
Testimony ended soon after that.
The trial resumes on Friday at 9:30 a.m. It’s expected to be a full day of videotape witnesses.
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Anthony McCartney ‏@mccartneyAP 7m
Boyle ended by asking Earley if he was aware that Murray ordered more than four gallons of propofol for Jackson. The doctor said he was.
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Anthony McCartney ‏@mccartneyAP 7m
“In medicine, we don’t talk about blame,” Earley said. This opinion was played earlier in the case for the jury .
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Anthony McCartney ‏@mccartneyAP 7m
At the end of his questioning Boyle asked Earley about his opinion that you can’t blame an addict for their addiction.
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Anthony McCartney ‏@mccartneyAP 7m
“This is a small study. I’m not building the atom bomb,” Earley responded.
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Anthony McCartney ‏@mccartneyAP 7m
Boyle likened AEG’s payments to Earley’s research as similar to private money turning into a nuclear weapon.
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Anthony McCartney ‏@mccartneyAP 8m
Earley said he also didn’t have control over how the plaintiff’s used his research, or any other research that’s been published.
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Anthony McCartney ‏@mccartneyAP 8m
Boyle also asked Earley about whether he had any control over how AEG used his study in the case. The doctor said no.
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Anthony McCartney ‏@mccartneyAP 8m
... in medicine at the time the study was written. Earley said his co-author has since had his license reinstated and is working in New York
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Anthony McCartney ‏@mccartneyAP 8m
It turns out Earley’s co-author had his medical license suspended due to some addiction-related legal problems. He wasn’t working ...
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Anthony McCartney ‏@mccartneyAP 9m
Boyle took back over and asked some questions about Earley’s co-author on his AEG-funded propofol study.
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Anthony McCartney ‏@mccartneyAP 9m
Earley was asked whether MJ should have avoided doctors. He said no _ he needed treatment _ but he needed to disclose all his conditions.
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Anthony McCartney ‏@mccartneyAP 10m
Cahan asked him the doctor about his blog posts. He said he didn’t think they were an issue because he wasn’t making any diagnoses.
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Anthony McCartney ‏@mccartneyAP 10m
Earley said in response to a question by Cahan that before Jackson’s death, propofol addiction was virtually unknown by the public.
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Anthony McCartney ‏@mccartneyAP 10m
Cahan showed Earley and the jury a chart that listed Murray’s first treatments of MJ in 2006, and propofol shipments from April-June ’09.
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Anthony McCartney ‏@mccartneyAP 11m
... working on the tour and his request for $5 million. That happened 3 to 5 weeks before the May email indicating Murray’s deal with done.
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Anthony McCartney ‏@mccartneyAP 11m
AEG’s lawyers point to Murray ordering propofol before that date. Boyle later noted Gongaware’s testimony about talking to Murray about ...
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Anthony McCartney ‏@mccartneyAP 11m
Boyle’s point was that Jackson didn’t request propofol from anyone else after Murray was working with MJ on the “This Is It” tour.
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Anthony McCartney ‏@mccartneyAP 11m
Boyle showed a chart listing those requests by Jackson, adding the May 6, 2009 date that AEG exec Paul Gongaware said Murray’s deal was done
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Anthony McCartney ‏@mccartneyAP 11m
That wouldn't include anesthesiologist Dr. David Adams, who Jackson approached in 2009 but didn’t discuss propofol by name.
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Anthony McCartney ‏@mccartneyAP 12m
Boyle’s examination after lunch focused on the times that Jackson requested propofol over sleep _ they said in court it was four times.
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Anthony McCartney ‏@mccartneyAP 12m
After the lunch break, Boyle questioned Earley for about an hour before passing him to AEG lawyer Kathryn Cahan.
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Anthony McCartney ‏@mccartneyAP 12m
It turns out another lawyer, Michael Koskoff, had ripped out the pages on propofol while questioning another witness, Dr. Levounis.
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Anthony McCartney ‏@mccartneyAP 12m
Earley couldn’t find the entry in the PDR so Boyle asked partner Brian Panish to locate it. He couldn’t find it either.
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Anthony McCartney ‏@mccartneyAP 13m
The Physicians’ Desk Reference, AKA PDR, has detailed entries on many drugs. It’s the book Cherilyn Lee used to discuss propofol with MJ.
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Anthony McCartney ‏@mccartneyAP 13m
One such delay happened when Boyle asked Earley to find the entry for propofol in the 2009 edition of the Physicians’ Desk Reference.
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Anthony McCartney ‏@mccartneyAP 13m
In general, there were a lot of delays in testimony today. Lots of sidebars and objections and some charts that had to be quickly redone.
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Anthony McCartney ‏@mccartneyAP 13m
Earley said Jackson had access to the doctor, but it was the doctor’s responsibility to be a gatekeeper to drugs and medications.
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Anthony McCartney ‏@mccartneyAP 13m
Boyle asked whether Jackson having full time access to a doctor like Conrad Murray would be a trigger for his addiction.
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Anthony McCartney ‏@mccartneyAP 14m
“Michael had a lot to live for,” Earley said of Jackson and his love for his children, which could have aided in a recovery.
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Anthony McCartney ‏@mccartneyAP 14m
Boyle asked about the role of a family’s love in the recovery of an addict. Earley said it was important in his early stages of recovery.
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Anthony McCartney ‏@mccartneyAP 14m
Boyle asked the doctor whether during his addiction, he had a concert promoter involved in his life, med care. Earley said he didn’t.
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Anthony McCartney ‏@mccartneyAP 14m
The doctor said it was a miracle, by the “grace of God” that he survived. Many of his patients have been addicted physicians.
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Anthony McCartney ‏@mccartneyAP 15m
Earley said in response to one question about his recovery that while he survived, many of his colleagues with addiction have not.
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Anthony McCartney ‏@mccartneyAP 15m
The attorney asked Early whether in the depths of his addiction, his prognosis was grave.
“Yes it was,” Earley responded.
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Anthony McCartney ‏@mccartneyAP 15m
Earley said his drugs of abuse were oxycodone, heroin, codeine and hydrocodone. Boyle repeatedly commended him on his recovery.
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Anthony McCartney ‏@mccartneyAP 16m
His work in the addiction medical field grew out of his recovery and rehabilitation. His issues were in the early 1980s, he said.
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Anthony McCartney ‏@mccartneyAP 16m
He was criminally charged with writing prescriptions to himself under false names and went into treatment.
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Anthony McCartney ‏@mccartneyAP 16m
Earley was very candid about his addiction, saying he was at one point nearly homeless and had to relinquish his medical license.
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Anthony McCartney ‏@mccartneyAP 16m
Boyle asked if Earley was relying on his own experiences as the basis for his opinions in the case. The doctor said only to a small extent.
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Anthony McCartney ‏@mccartneyAP 16m
Earley spoke extensively today about his own addiction to opioids and how he was able to be rehabilitated and keep his medical license.
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Anthony McCartney ‏@mccartneyAP 16m
Rest of the day's updates in Jackson vs AEG Live coming up...
 
Re: Jacksons vs AEG - Day 79 - September 4 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 13m
Testimony resumes on Friday...getting close to the end!
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ABC7 Court News ?@ABC7Courts 13m
Last question on recross was did Dr. Earley see Dr. Murray had ordered 4 gallons of propofol. Dr. Earley answered I did.
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ABC7 Court News ?@ABC7Courts 14m
In his blog he characterized MJ prognosis as grave. Earley says he treats many grave patients. That is why he is good. Never gives up.
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ABC7 Court News ?@ABC7Courts 15m
Got his license back earlier this year.
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ABC7 Court News ?@ABC7Courts 16m
He was in between a pizza job and driving a truck for Good Will. He did not need license to work on the Study. AEG and Journal not told
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ABC7 Court News ?@ABC7Courts 17m
On direct testimony he said Finver was between jobs. Finver in the program for drug addiction and his medical license suspended
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ABC7 Court News ?@ABC7Courts 19m
On Re Cross Dr. Fivner brought up. After a 5 minute sidebar in chamber Earley testified that Fivner had a suspended license at the time.
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ABC7 Court News ?@ABC7Courts 20m
He went to drug court and was sentenced to the program where he is now. His license was suspended but he got it back. Program is why alive
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ABC7 Court News ?@ABC7Courts 22m
Earley told the details of his addiction. Used for about 5 years. Wrote prescriptions with other names for self and was arrested.
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ABC7 Court News ?@ABC7Courts 22m
Half use other drugs. More women are addicted and there is a rapid decline. Addicts commonly are depressed and have had child trauma
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ABC7 Court News ?@ABC7Courts 25m
Findings were very uncommon addiction for medical pros. 1.6% are addicted.
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ABC7 Court News ?@ABC7Courts 27m
On Recross Dr. Earley questioned about the Study. He is asked about a conflict of interest with AEG funding he says didn't affect result
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ABC7 Court News ?@ABC7Courts 35m
It was attributed him in the second line of the blog. That was read to the jury.
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ABC7 Court News ?@ABC7Courts 35m
A second blog was brought up that Earley posted when Dr. Murray was convicted. The first line written by another addiction dr.
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ABC7 Court News ?@ABC7Courts 37m
Asked if AEG support for the Study Dr. Earley said no. Started before lawsuit filed. AEG could have influence of if he was time traveler
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ABC7 Court News ?@ABC7Courts 38m
He started cataloging cases to look at them at a later date and possibly do a study at a later date. Study funded by AEG.
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ABC7 Court News ?@ABC7Courts 41m
He said he learned of the propofol toxic in news reports. He said he had begun seeing propofol cases in medical pros in 2008
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ABC7 Court News ?@ABC7Courts 42m
Dr. Earley checked his first Blog in 2009 that was brought up Tuesday. He wrote it 6 weeks after MJ died.
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ABC7 Court News ?@ABC7Courts 43m
4/6/09 Dr. Murray makes the first order for propofol. 4/28 Murray orders more. 5/12 More. 6/6/09 More.
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ABC7 Court News ?@ABC7Courts 45m
Added: Jan 2006 MJ starts to see Dr. Murray. 2/4/09 MJ stells Dr. Salvit Murray is his personal physician.
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ABC7 Court News ?@ABC7Courts 46m
On redirect Earley says he didn't see the Gongaware email until court Tuesday. They put back up the Propofol slidw with info added
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ABC7 Court News ?@ABC7Courts 48m
On to MJ's general health.No evidence heart, kidney, diabetes? No. Blood Pressure - Early says Coroner report no pressure!
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ABC7 Court News ?@ABC7Courts 50m
Then Earley was questioned if Propofol can mask the symptoms of demerol withdrawl. He said it can mask some of those symptoms
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ABC7 Court News ?@ABC7Courts 51m
Attorney Boyle made the point that on May 6th AEG Exec Paul Gongaware sent Dr. Murray the email "Done" $150,000.
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ABC7 Court News ?@ABC7Courts 52m
With a graph showing MJ demerol Injection from Dr. Klein, in the last couple months of MJ life. He went only 4 days until May 5th.
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ABC7 Court News ?@ABC7Courts 55m
Attorney Boyle tried to make the case that dying demerol administered by a dr. was more rare that trampled by elephant or hit by tsunami
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ABC7 Court News ?@ABC7Courts 57m
From there they moved on to demerol. Dr. Earley said he was only aware of 3 cases that a person died of an overdose given by a doctor.
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ABC7 Court News ?@ABC7Courts 58m
The list of drugs found at the house but not in MJ's body according to Coroner report was Lidocaine and Ephedrine. Used to try to help MJ
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ABC7 Court News ?@ABC7Courts 1h
Jury back at 1:45p. Dr. Earley still on the stand being cross examined. They continued about the drugs that were found at MJ house.
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Re: Jacksons vs AEG - Day 79 - September 4 2013 - News Only (no discussion)

Michael Jackson death trial takes odd twist
By Alan Duke, CNN
updated 11:17 PM EDT, Wed September 4, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
NEW: Co-author of AEG Live propofol study was hired after losing pizza parlor job
NEW: Study co-author was "destitute, dead broke," AEG Live expert testifies
AEG Live funded the expert's propofol research paper
The wrongful death case is nearing an end after four months

Los Angeles (CNN) -- The co-author of a study on propofol addiction funded by AEG Live and used in their defense in the Michael Jackson wrongful death trial lost his medical license for writing illegal drug prescriptions, according to testimony.
Dr. Torin Finver was hired to help with the AEG Live study after he lost his job at a pizza parlor and took a job driving a Goodwill truck, said Dr. Paul Earley, who testified Wednesday as an expert witness for the concert promoter.
Finver was "destitute, dead broke, and I wanted to help him," Earley, himself a recovering heroin addict, testified.
The revelation was a bizarre twist in the trial of the billion-dollar lawsuit filed by Jackson's mother and three children, which is being heard by a Los Angeles jury. The four-month-long trial is nearing a conclusion.
AEG Live lawyers will announce if they have any more witnesses to call before playing the video depositions of three more doctors on Friday. Jackson lawyers would then take several days to call rebuttal witnesses before closing arguments are heard, which is likely to happened around September 23.
Earley testified that he never disclosed to AEG Live lawyers that his co-author had lost his medical license. Ironically, the company is being accused of the negligent hiring of Dr. Conrad Murray, convicted in Jackson's death because it allegedly failed to check the Murray's background before hiring him.
Jackson lawyer Kevin Boyle also grilled Earley over his nondisclosure that he was working as a paid consultant in AEG Live's defense when he submitted the study for publication in a medical journal.
He said the concert promoter did not try to influence his findings, which were published in March in the Journal of Addiction Medicine.
Nurse details Michael Jackson's fatal search for sleep
Jackson lawyers are hoping the controversy over Earley's work for AEG Live will distract jurors from his conclusion that Michael Jackson was a drug addict with a "grave prognosis" that would have shortened his life had he not died of an overdose of the surgical anesthetic propofol on June 25, 2009.
Each dose of an anesthetic his doctor gave him to help him sleep was like playing "Russian roulette," Earley said.
Murray told investigators he gave Jackson infusions of propofol for 60 nights to treat his insomnia as the entertainer prepared for his comeback concerts.
Lawyers for the concert promoter hired Earley in their effort to downplay damages the company might have to pay if found liable in the pop icon's death. How much longer Jackson might have lived -- and earned money touring -- will be important if the jury decides AEG Live is liable for damages in Jackson's death. Jackson lawyers contend he would have earned more than $1.5 billion touring the world over the next several years.
Katherine Jackson and her three grandchildren sued Michael Jackson's last concert promoter, contending the company is liable in his death because it hired, retained or supervised the doctor convicted of involuntary manslaughter.
AEG Live lawyers contend it was Jackson, not the promoter, who chose and controlled Murray, and say AEG executives had no way of knowing about the dangerous treatments the doctor was giving Jackson in the privacy of his bedroom.
Jackson's mom remembers her 'sweet little boy'
Earley: Jackson went 'doctor shopping'
Despite writing a blog six weeks after Jackson's death titled "Michael Jackson: Addiction in the Privileged," Earley testified Tuesday that there "was insufficient evidence that he was addicted to propofol."
"He was given propofol initially for appropriate medical procedures, but at some point, he began seeking out physicians who would administer propofol to him," Earley testified.
The last two instances of "doctor shopping" for propofol were late March and April of 2009, when Jackson asked an anesthesiologist to go on tour with him and then asked a nurse to help him find an anesthesiologist, he said.
Earley said there was no evidence Jackson's search for a doctor to give him propofol continued after AEG Live Co-CEO Paul Gongaware sent an e-mail to the singer's assistant on May 6, 2009, telling him Murray had agreed to take the job as his personal physician for the "This Is It" tour. "Done at $150k a month," Gongaware wrote.
"Sounds like he got it," Earley testified.
The Jackson family's lawyers contend that AEG Live executives ignored warning signs that Jackson's health began deteriorating after Murray began attending to him on a daily basis. Show workers sent e-mails describing a paranoid and frail Jackson who couldn't perform his standard dances or remember words to songs he had sung for decades.
A Harvard Medical School sleep expert, testifying in June for the Jacksons, concluded that the 60 nights of propofol infusions apparently robbed Jackson of rapid eye movement sleep, which is vital to keep the brain and body alive.
"The symptoms that Mr. Jackson was exhibiting were consistent with what someone might expect to see of someone suffering from total sleep deprivation over a chronic period," Dr. Charles Czeisler testified.
AEG expert: Jackson was a drug addict
Expert's conflict?
Soon after AEG Live's lawyers hired Earley as a consultant on propofol addiction in 2011, they agreed to fund his scientific research, which resulted in his paper titled "Addiction to Propofol: A Study of 22 Treatment Cases." The American Society of Addiction Medicine published the study in March.
Earley insisted in his testimony that AEG Live's funding did not influence the conclusions of his study or his testimony in the trial. But the Jackson lawyer hammered the doctor about the lack of disclosure to the scientific journal and his collaborator that he was being paid to be an expert witness in the trial.
He informed them that he was doing research for the company, but the trial aspect was "irrelevant," Earley said.
"It's irrelevant to health care professionals," he said. "It wouldn't affect their understanding of the paper."
 
After more than four months of testimony, the Michael Jackson wrongful death case could finally go to the jury later this month.

Court clerk Neli Raya said she expects the case willl be handed to the jury in about 2 1/2 weeks.

Marvin Putnam, attorney for AEG Live, has said he expects to rest his case next Friday at the latest. Then each side could call rebuttal witnesses, and attorneys could argue over the instructions the judge will give the 12 jurors who have sat through the marathon.

While jurors have heard from financial experts, AEG executives, doctors and Jackson family members, none of the celebrities on the attorneys witness lists — Prince, Spike Lee, Quincy Jones and Diana Ross among them — have been called to testify.

The case revolves around the question of who controlled Dr. Conrad Murray, the cardiologist who administered the fatal dose of the anesthetic propofol to Jackson at the singer’s rented Holmby Hills home on June 25, 2009.

Jackson was preparing for a 50-concert comeback in London that was being promoted and produced by AEG. Murray was convicted of involuntary manslaughter and is serving a jail sentence.

The Jacksons say that AEG negligently hired and supervised Murray, while AEG says the singer hired him and that any money the entertainment firm was supposed to pay him was an advance.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-case-20130904,0,7515986.story
 
Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

Jacksons vs AEG - Day 79 - September 4 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 79 of Katherine Jackson vs. AEG trial.

Daily news threads are merged into the main News thread in the stickies

Please help the staff by posting all the news stories as well as tweets from media you see.

Please Don't post updates or tweets from Fans in news thread

______________________________________________________

 
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ABC7 Court News ‏@ABC7Courts 6m

Eventually he stopped treating MJ. They would just hang out together. No conversation he just stopped asking for treatment
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ABC7 Court News ‏@ABC7Courts 7m

Dr. Van Valin didn't think MJ had a problem because he would get demerol every few days or even weeks. Most addicts it is every few hours
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ABC7 Court News ‏@ABC7Courts 8m

MJ never told Dr. Van Valin about his prescription drug dependence and going into treatment in 1993.
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ABC7 Court News ‏@ABC7Courts 9m

Dr. Van Valin has another talk with MJ about concern for demerol use on 10/10/01. MJ said he knew the risks.
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ABC7 Court News ‏@ABC7Courts 10m

Shannon injects MJ with demerol for the pain but notes that MJ brought his own medication to the office. Scripted by Van Valin. Odd
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ABC7 Court News ‏@ABC7Courts 11m

Dr. Shannon was another Doctor at Van Valin's practice. There were notes in MJ's file from him. Shannon notes MJ dental work and pain
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ABC7 Court News ‏@ABC7Courts 13m

Dr. Van Valin used the name Phil Sanders for MJ on his chart. There was a note that he wrote a script in houseman's name for MJ
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ABC7 Court News ‏@ABC7Courts 14m

He was sure MJ had gotten a shot from another Doctor just did not know who. When asked MJ's house man he said no -
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ABC7 Court News ‏@ABC7Courts 15m

Dr. continued his concern for MJ demerol use. Several time he would give MJ dose, and MJ would wooooo, sing and dance. Then same dose fine
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ABC7 Court News ‏@ABC7Courts 17m

Dr. talked to MJ about developing a tolerance and concern for addiction in 2003. He backed off giving MJ demerol for pain.
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ABC7 Court News ‏@ABC7Courts 19m

MJ said no but Dr. Van Valin knew he was lying. He told MJ that more Demerol could kill him. He told MJ he couldn't but did anyway.
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ABC7 Court News ‏@ABC7Courts 22m

that time he noticed a drop of blood on MJ's shirt and a band aid. He asked MJ if another Dr. was giving him pain meds.
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ABC7 Court News ‏@ABC7Courts 26m

MJ never asked Dr. Van Valin for Diprivan again. Dr did continue to treat his back pain. He remembers going to MJ house and gave demerol
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ABC7 Court News ‏@ABC7Courts 1h

The medication was from florida but Dr. Van Valin did not know the doctor who gave it to MJ or sent it to him. Dr. describes the box.
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ABC7 Court News ‏@ABC7Courts 1h

Dr. said he never heard of propofol. Dr. Van Valin went back and told MJ it was dangerous. MJ had a box of Diprivan in his bedroom.
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ABC7 Court News ‏@ABC7Courts 1h

MJ said he hadn't slept for 4 days. Dr. told MJ he didn't do IV. Dr. talked to anesthesiologist who said only used in a hospital.
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ABC7 Court News ‏@ABC7Courts 1h

Dr. would give to MJ and monitor him not like the guy who gave it to him and left the room! Putting him to sleep like a dog
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ABC7 Court News ‏@ABC7Courts 1h

MJ did discuss Diprivan (propofol) with Dr. Van Valin. He said he used it between shows on his world tour. Dr. on the tour give to him.
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ABC7 Court News ‏@ABC7Courts 1h

Sometimes MJ was not asleep and would say "goodnight Barney" (nickname). Dr. gave MJ 6 zanax tablets. MJ took all 6 and didn't have reax
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ABC7 Court News ‏@ABC7Courts 1h

Dr. Van Valin said he believed MJ was an insomniac. MJ would lay down, Dr. would read him a book and when he thought MJ asleep slip out
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ABC7 Court News ‏@ABC7Courts 1h

By the time Dr. Van Valin got home, the house would be a disaster...
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ABC7 Court News ‏@ABC7Courts 1h

Dr. Van Valin invited him in, got his wife up to entertain MJ and off her would go to work. MJ would play monopoly, eat pizza, play
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ABC7 Court News ‏@ABC7Courts 1h

MJ said he just got there but Dr. Van Valin asked MJ's driver who said they had been there for 35 minutes.
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ABC7 Court News ‏@ABC7Courts 1h

A friendship started. He remembered one time he got up for work and opened the door to leave and there was MJ on the door step.
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ABC7 Court News ‏@ABC7Courts 1h

He went with his son, Mason. He describes the interior of Neverland.
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ABC7 Court News ‏@ABC7Courts 1h

In 2001, MJ came to the office and wanted a Doctor to make house calls. Dr. Van Valin did. MJ invited the Dr. to Neverland that night.
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ABC7 Court News ‏@ABC7Courts 1h

Dr. William B Van Valin's video deposition is played for the Jury. He treated MJ in the early 2000's when MJ lived at Neverland.
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ABC7 Court News ‏@ABC7Courts 1h

It is Day 80 in the Jackson V. AEG Live Trial. The Jackson family is not present in the court.
 
Re: Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

Alan Duke ?@AlanDukeCNN 1h
AEG Live now says it will likely rest without calling any more live witnesses. Jackson lawyers set to start rebuttal witnesses next week.
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Alan Duke ?@AlanDukeCNN 22h
The surprise was they now say they may call 7 more witnesses. Tuesday they indicated it would be maybe 3.
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Alan Duke ?@AlanDukeCNN 5 Sep
AEG Live surprises judge today saying it may call Katherine and Prince Jackson back for more testimony in MJ wrongful death trial.

-------------------------------

Anthony McCartney ?@mccartneyAP 57m
Van Valin was Jackson's doctor in the early 2000s when the singer lived at Neverland Ranch.
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Anthony McCartney ?@mccartneyAP 1h
Today will be an entire day of video witnesses. AEG Live is playing the videotaped deposition of Dr. William "Barney" Van Valin today.
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Anthony McCartney ?@mccartneyAP 1h
We're on the lunch break in Jackson vs. AEG Live. Got some writing/editing I have to do today, so postings will probably be light.
 
AEG Calls On Doctor To Testify In Jackson Wrongful Death Suit
September 6, 2013 5:09 PM

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AEG, AEG Live, Dr. Conrad Murray, Dr. William van Valin, Dr. William van Valin II, Drug Overdose, Katherine Jackson, Lawsuit, Michael Jackson, Propofol, This Is It
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LOS ANGELES (CBSLA.com) — A doctor’s testimony was used in court Friday in the wrongful death lawsuit filed by Michael Jackson’s family.

Dr. William van Valin II, who wrote a book called “Conversations in Neverland with Michael Jackson,” said he warned the King of Pop that taking too much of the painkiller Demerol would be risking death.

The physician said he first began treating the pop star in 2001, often visiting the singer at his Neverland Ranch in Santa Barbara County and at the doctor’s home.

Van Valin said he prescribed Demerol because Jackson complained of pain. But he became suspicious that Jackson was seeing another doctor for Demerol when he noticed the singer showed signs of receiving an injection before visiting Van Valin.

“Michael, if you’re doubling up…that could kill you,” Van Valin said he told Jackson.

His testimony was shown to jurors in the wrongful death lawsuit Katherine Jackson filed in September 2010. The suit alleges AEG Live, the promoter for Jackson’s “This Is It” tour, hired Dr. Conrad Murray to care for the singer and that he failed to supervise Jackson properly.

Attorneys for AEG Live counter that Jackson hired Murray in 2006 as his personal physician and wanted him continue on as his doctor during the tour as an independent contractor.


In 2011, Murray was convicted of involuntary manslaughter and sentenced to four years in jail after Jackson died of a drug overdose. The doctor intravenously administered the anesthetic propofol to the singer, who was living in a rented Holmby Hills home while rehearsing for the tour.

AEG Live called on Van Valin to testify that he refused Jackson’s request for propofol during one of their appointments. He said Jackson didn’t seem angry about it.

“For a guy used to getting his way, he was pretty complacent about it,” van Valin said.

In a passage in his book, van Valin wrote that he first met Jackson when the singer came to his home looking for a doctor who would make house calls. Jackson told the physician he found his name in a phone book.
 
Re: Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 46s
Jury will hear the remainder of the Deposition when they are back in court on Wednesday.
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ABC7 Court News ?@ABC7Courts 1m
Last time he saw MJ was April 18, 2009 where he prescribed a sleep medication. they talked about cafeine usage, no news shows before sleep
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ABC7 Court News ?@ABC7Courts 3m
He was a social friend of MJ. Went to Neverland 6 to 8 times. Was invited to MJ wedding to Debbie Rowe and went.
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ABC7 Court News ?@ABC7Courts 4m
When he did the curbside consultation, that information never got into MJ chart. Happened a few times a year.
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ABC7 Court News ?@ABC7Courts 5m
Traveled with MJ to Australia as a pseudo-physician and companion. Were you compensated? I was not.
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ABC7 Court News ?@ABC7Courts 6m
Primarily Metzger treated MJ for back issues over the years and sleep problems. Saw insomnia first hand when joined MJ on tour.
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ABC7 Court News ?@ABC7Courts 8m
Sidewalk consult is when the patient calls doctor who will call another doctor instead of patient told to call right doctor himself!
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He also had personal relationship with MJ but Dr. Klein was closer. Called "Arnie" a mother hen with MJ. He said Klein sidewalk consult
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ABC7 Court News ?@ABC7Courts 19m
He thought he was MJ's primary but MJ doctor shopped. He would go to other places in the world and have doctors there and not share info
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ABC7 Court News ?@ABC7Courts 20m
Metzger was Rheumotogist and Internist. Klein concerned MJ might have discoid Lupus but with tests he did not.
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ABC7 Court News ?@ABC7Courts 21m
Last video is Dr. Allan Metzger who was MJ's primary Doctor from about 1984 to April of 2009. MJ was referred to him by Dr. Klein
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Travelled with MJ once not on tour. They went to South Africa to give a check for charity raised at a concert to Nelson Mandela
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Asked if he ever treated MJ for pain that was not surgery related? Didn't recall. Or Drug addiction? Not that he specifically recalls.
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He said he asked for payment to travel with MJ because he had to leave his practice.
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The only time he was concerned for MJ's health was the fall in Germany. Asked if there were any other Doctors there - at ER
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Asked if he knew MJ was on tour? Yes. Did he bring Medical equip? Don't recall. Treat MJ? didn't recall.
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Asked if he went on tour with MJ. No. Where did he go with MJ? Germany, South Africa, and Korea. Were you on the tour? No
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ABC7 Court News ?@ABC7Courts 31m
Said he travelled outside US twice with MJ. Treat him? don't recall. Treat at house? don't recall.
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ABC7 Court News ?@ABC7Courts 32m
Ratner said he treated MJ for surgeries. Asked if he treated for Pain? Don't recall. Sleep? Don't recall. Treat outside US? Don't recall
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ABC7 Court News ?@ABC7Courts 35m
Treated MJ from about 1990 to early 2000. MJ told him to call Dr. Hoeffler Bev Hills Plastic Surgeon. He had good experience and wanted same
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ABC7 Court News ?@ABC7Courts 37m
Next video deposition played is Dr. Neil Ratner and anesthesiologist from New York. He no longer practices medicine...stopped in 2002
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ABC7 Court News ?@ABC7Courts 38m
MJ said no sleep was his biggest complaint. MJ told Dr. on tour he had a Dr. who gave him propofol between shows. Wake feeling refreshed.
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ABC7 Court News ?@ABC7Courts 40m
Dr. Van Valin never treated MJ again after 10/02. He realized MJ was getting medication elsewhere and he told MJ he couldn't give demerol
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ABC7 Court News ?@ABC7Courts 42m
In 2001 6 times according to the chart. 2002 twice. Then, he never gave MJ another demerol shot.
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ABC7 Court News ?@ABC7Courts 43m
He said possible he gave MJ demerol and did not get into chart. 10/00 to 1/01 He gave him a shot 6 days and one day twice.
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ABC7 Court News ?@ABC7Courts 45m
He said it was possible he gave MJ demerol and did not write in chart. From 10/2001 1/2002 he gave MJ Demerol on 6 days - 2 shots one day
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ABC7 Court News ?@ABC7Courts 47m
He said he treated MJ as he treated all his patients. He also said he did not believe MJ was his friend so he could get demerol.
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ABC7 Court News ?@ABC7Courts 48m
He said he really didn't know the Pop Star - he knew MJ the man, the father. He still misses him.
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ABC7 Court News ?@ABC7Courts 49m
Dr. Van Vilan said he thought he an MJ were best friends. He said he never had a better friend and he didn't think MJ did either.
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ABC7 Court News ?@ABC7Courts 50m
They went up to nursery and MJ introed the to Blanket. Said that is what they call him now but he wants all his kids to be named MJ
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ABC7 Court News ?@ABC7Courts 51m
Went to MJ house for dinner with his wife. She spotted the stroller and knew there was a new baby in the house.
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ABC7 Court News ?@ABC7Courts 52m
Talked about how shy Paris was as a child. She would get in MJ's lap at dinner and MJ let her eat dinner there. Very attached to her Dad
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ABC7 Court News ?@ABC7Courts 53m
Asked if MJ was a good father. Dr. said he was a great father. Patience was gentle with kids.
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ABC7 Court News ?@ABC7Courts 54m
Dr. Van Valin knew MJ must have been getting demerol elsewhere because he hadn't given it to him in a while. MJ didn't come back
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ABC7 Court News ?@ABC7Courts 56m
He described Narcan as a med used in ER's when a patient comes in comatose and the doctors do not know what was used. Wakes right up
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ABC7 Court News ?@ABC7Courts 57m
Dr. in Florida had inserted a narcan plug that would deaden the affect of a narcotic. It had gotten infected. Dr. Van Valin cleaned out
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ABC7 Court News ?@ABC7Courts 1h
10/25/02 MJ called with an infection on his abdomen. He had a device placed under his skin about one week ago to decrease demerol use
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ABC7 Court News ?@ABC7Courts 1h
Note 2/28/2002 MJ told he needed a break from his Demerol because his use was excellerating. He neede more and I couldn't give to him
 
Re: Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

Michael Jackson's former doctor had suspicions about singer's drug-use
Friday, September 06, 2013

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Miriam Hernandez
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LOS ANGELES (KABC) -- In the Michael Jackson wrongful death trial, a doctor who treated Jackson in the past talked about the pop star's use of a potentially dangerous painkiller.

It was the collapse of a stage bridge in 1999 that injured Jackson's back, according to Dr. William Van Valin, who treated him for pain two years later.

In a video shown in court, Jackson kept singing as if nothing had happened, but that's not what Jackson told Van Valin.

In a video deposition, Van Valin testified that Jackson's injury was real. For a year, he made house calls to Neverland Ranch to give the singer injections of the painkiller Demerol in growing amounts. But doubts began to build.

Van Valin suspected Jackson was getting Demerol from someone else at the same time. Jackson appeared high.

"It was a bit scary. I sat there with him until it went away," said Van Valin.

One day, the doctor saw a band aid on Jackson, covering a needle mark.

"I said, 'Michael, you have another doctor that gave you a shot. You realize what risk you put yourself and me at by doing that? Who came and gave you a shot?'" said Van Valin.

According to Van Valin, Jackson's response was that he didn't get a shot from another doctor.

"But it was. He was lying," said Van Valin.

Another incident that disturbed Van Valin was when Jackson showed him a box of the anesthetic propofol, which he said he used to sleep while on tour. Propofol is the anesthetic that ultimately caused Jackson's death.

Related Content
STORY: Plaintiffs question AEG witness' credibility
STORY: Jackson's drug-use put life at risk - doctor
STORY: Nurse says Jackson wasn't a 'doctor shopper'
STORY: Jackson's history with propofol discussed
Katherine Jackson blames Jackson's tour promoter AEG Live for allegedly hiring Dr. Conrad Murray, who was attending the star when he died. AEG says Jackson's habit with meds began decades before. The defense team shows a pattern of Jackson befriending multiple doctors at the same time, giving each the same impression that Van Valin had.

"In my opinion, and I think in Michael's too, we were best friends. I didn't have a better friend, and I don't think he did," Van Valin said.

The defense says they may complete their case by the middle of next week. The plaintiffs are told to be ready with their rebuttal case.
 
Re: Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

Michael Jackson's pain was real, doctor testifies
By Alan Duke, CNN
updated 4:28 AM EDT, Sun September 8, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
Jackson had a stash of propofol in his Neverland bedroom, doctor testifies
Bedtime stories, Xanax couldn't put Michael to sleep, he says
Doctor saw no signs Jackson was addicted to painkillers in 2002
Wrongful death trial nears an end after more than four months of testimony

Los Angeles (CNN) -- Before Michael Jackson asked a doctor to treat his insomnia with propofol, he tried falling asleep to the physician reading him bedtime stories.
The pop star's desperate decades-long search for sleep ultimately led to his death when he overdosed on the surgical anesthetic on June 25, 2009.
The trial to decide if Jackson's last concert promoter is liable for his death is nearing an end after more than four months of testimony.
AEG Live's lawyers plan to rest their defense case this week, with Jackson lawyers presenting several rebuttal witnesses. Closing arguments are likely the last week of September.
Dr. Barney Van Valin, whose video testimony was shown to jurors Friday, refused Jackson's request for propofol infusions in 2003, but six years later -- in Dr. Van Valin's words -- another physician "put him to sleep like a dog."
Jackson's mother and three children contend AEG Live is liable for his death because the company hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter for Jackson's propofol overdose. Murray told investigators he gave Jackson nightly infusions of the drug to treat his insomnia the last two months of his life.
AEG Live lawyers argue Jackson, not their executives, chose and controlled Murray and that the company had no way of knowing about the dangerous treatments in the privacy of the singer's bedroom.
The producers ignored warning signs that Jackson's health was deteriorating, and instead of finding another doctor to intervene, they kept Murray and made him responsible for getting Jackson to rehearsals for his comeback concerts, the Jacksons contend.
MJ and doctor were "best friends"
Dr. Van Valin's practice is near the Neverland Ranch in Santa Barbara County, California, where Jackson lived until his acquittal in a child molestation trial in 2005.
"We were best friends, you know," Dr. Van Valin testified. "I didn't have a better friend and I don't think he did."
Jackson "would just show up" at Van Valin's home every week or so without warning, he said. The doctor would open his door to leave for work in the morning "and he would just be standing there."
His driver told him once that Jackson had been waiting at his door for 35 minutes, not wanting to knock because he thought that was impolite.
Van Valin's children would stay home from school some days Jackson visited.
"I'd come home from work and there's Michael there at the house and they're watching cartoons or, you know, eating pizza," Van Valin said. At first it was a novelty, but after several years it was routine, he said.
The doctor was asked under cross examination if Michael Jackson a good father.
"No, he is an amazing father," he answered. "Because I'm a good father and he was better than me. He respected them and as they respected him and he would correct them gently."
Doctor: Jackson didn't fake pain to get drugs
AEG Live's defense includes the contention that Jackson cultivated friendships with doctors to gain access to drugs to feed a secretive addiction. But Van Valin denied Jackson ever used their friendship to get prescriptions to medication that were not clinically indicated.
Although he was compelled to testify as a witness for AEG Live, Van Valin's testimony boosted the Jackson case by showing that Jackson's use of painkillers was medically justified by chronic pain suffered in a 1997 stage accident, Jackson lawyers said.
The doctor said Jackson showed the "classic symptoms of lower back pain" and an MRI study confirmed a bulge in a disc in his lower spine consistent with where his pain was.
Dr. Van Valin said he never suspected Jackson was faking his pain to get painkiller shots.
"I looked for that because there are plenty of people that come in and try to scam me, so I'm always looking for that," he testified.
While the doctor said "nothing implied" that Jackson was abusing painkillers, there was one incident during house call in 2002 that caused him to suspect Jackson might be getting additional shots of the powerful opioid Demerol from another doctor. He noticed "a little blood spot" on Jackson's T-shirt after he gave him a shot, he said.
"I lifted it up and there's a little Band-Aid over it and I said, 'Michael,' I said, 'you have another doctor that gave you a shot.' I said, 'You realize what risk you put yourself and me at by doing that? Who came and gave you a shot?' 'Oh, no, I didn't -- it was not a shot.'" Van Valin said. "But it was. He was lying."
AEG Live contends Jackson kept doctors in the dark about other doctors' treatments. The argument is important to their contention that his dangerous drug use would have shortened his life even if he had not died in 2009. The shorter his life expectancy, the less money they might be ordered to pay in damages if found liable in his death.
"I told him, I said, 'You know what, I can't do this, okay, 'cause if you're doubling up, you know, I give you a shot and then you've already had one,' I said, 'I could kill you,'" Van Valin testified.
Van Valin remained close friends with Jackson even though he stopped treating him soon after that incident, he said.
Bedtime stories versus Diprivan
The doctor's testimony revealed more about Jackson's relationship with the drug that killed him -- the surgical anesthetic propofol, also known as Diprivan. AEG Live lawyers contend it was a drug Jackson knew a lot about, but that their executives had no knowledge of.
Debbie Rowe, Jackson's former wife, testified earlier that German doctors infused the singer with it in a Munich hotel on two nights to help him sleep between "HIStory" tour shows in 1997. Jackson lawyers pointed out that Paul Gongaware, who is now the AEG Live co-CEO, was Jackson's tour manager then.
Five years later, Jackson asked Van Valin to help him go to sleep.
"Sometimes, he'd say, 'Barney, do me a favor, see if I can sleep, I'm going to get under the covers on that rollout couch,' and he said, 'Just read me out of a book,'" Van Valin testified. "I'd find a book that looked interesting and I'd just start reading or I'd tell him stories. That didn't work because often times he got excited about the story and say, 'That really happened?' or something. Anyway, I'd read to him -- and when it seemed like he was asleep I'd slip out, you know, kind of hard because the door made a little noise. If I thought he was asleep I'd leave, and once in awhile he'd say, 'Good night, Barney,' and when I got to the door, he wasn't asleep at all."
Dr. Van Valin also tried to help Jackson sleep with sedatives, including Xanax, without success, he said.
Jackson, however, revealed to him in 2003 that he had a stash of propofol in a closet of his Neverland Ranch bedroom, Van Valin said.
"He said, 'Would you put me to sleep, I haven't been able to sleep for four days,' and I said, 'With what?' And he goes, 'Well, I have this stuff,' and I said, 'Mike, I don't do I.V. sedation. You need an anesthesiologist to do that.' And he said, 'Oh, it's safe, man, I used it for all those years between shows and I got put to sleep.' I said, 'I can't imagine that was good sleep." You know, he said, "No, it works really well."
He said Jackson told him that during his world tours him a doctor "would put in the I.V. and put me to sleep, and he'd stay there for eight hours and wake me up 'cause I would go -- if I had three days between shows, I would have three days I didn't sleep and, you know, that I couldn't put on the show I wanted to have, you know, I mean, I want my shows to be, you know, as high end as possible."
"Sounds like a doctor who did his job, not like this other guy, who just started the drip and left the room and basically put him to sleep like a dog," Van Valin said.
Jackson was "pretty complacent" when he rejected his request for help with propofol and he never asked for it again, Van Valin said.
Dr. Conrad Murray told CNN's Anderson Cooper in April that Jackson had "his own stash" of propofol in his home before he began treating him with it in 2009.
"I did not agree with Michael, but Michael felt that it was not an issue because he had been exposed to it for years and he knew exactly how things worked," Murray said. "And given the situation at the time, it was my approach to try to get him off of it, but Michael Jackson was not the kind of person you can just say 'Put it down' and he's going to do that."
Jackson lawyers argue that AEG Live was negligent for not checking out Murray's distressed financial situation before agreeing to pay him $150,000 a month. It created a conflict of interest that led Murray to ignore safe practices and his responsibility to Jackson's health, they contend.
 
Re: Jacksons vs AEG - Day 80 - September 6 2013 - News Only (no discussion)

111104012322-jvm-michael-jackson-friend-vanvalin-00013911-story-body.jpg


Dr. Valin
 
Judge dismisses AEG execs from Jackson lawsuit
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By ANTHONY McCARTNEY, AP Entertainment Writer
Updated: Monday, September 9, 2013, 2:35 PM EDT
Published: Monday, September 9, 2013, 2:35 PM EDT
LOS ANGELES (AP) — A judge has dismissed two executives from a negligence lawsuit filed by Michael Jackson's mother against the promoters of his planned comeback concerts.


Superior Court Judge Yvette Palazuelos ruled Monday that lawyers for Katherine Jackson hadn't proven claims that Randy Phillips, CEO of AEG Live LLC, and promoter Paul Gongaware could be held responsible the death of the pop star.


The judge ruled that a jury should determine whether AEG Live hired the doctor later convicted of giving Michael Jackson a lethal overdose of anesthetic in June 2009.


Katherine Jackson's lawyers have attacked the actions of Gongaware and Phillips during the months leading to the death. They have claimed the men missed warning signs about the superstar's health and created a conflict of interest for his physician.


AEG Live denies any wrongdoing.


Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.fox43tv.com/news/national/judge-dismisses-aeg-execs-from-jackson-lawsuit_54070433
 
Updated version






Judge Dismisses AEG Execs From Jackson Lawsuit
By ANTHONY McCARTNEY AP Entertainment Writer Sep 9, 2013, 2:33 PM
A judge on Monday dismissed two executives from a negligence lawsuit filed by Michael Jackson's mother and allowed the case to proceed against AEG Live LLC, the promoter of his planned comeback concerts.




Superior Court Judge Yvette Palazuelos said lawyers for Katherine Jackson hadn't shown enough evidence that Randy Phillips, CEO of AEG Live LLC, and promoter Paul Gongaware were responsible for the death of the pop star.




The judge, however, did rule that jurors should decide whether AEG Live hired Conrad Murray, the former cardiologist convicted of giving Michael Jackson a lethal overdose of anesthetic in June 2009. AEG Live denies any wrongdoing.




The ruling will simplify the case for jurors, who could begin deliberations before the end of the month.




During the trial, Katherine Jackson's lawyers attacked the actions of Gongaware and Phillips in the months before the death. They claimed the executives missed warning signs about the superstar's health and created a conflict of interest for his physician.




Phillips and Gongaware denied they did anything wrong when they testified early in the case.




Katherine Jackson sued AEG Live in 2010, claiming the company hired Murray.




AEG Live lawyers argued the Jackson family matriarch had failed to prove that the company hired Murray or that its executives could have foreseen that the doctor was giving the entertainer treatments that would lead to his death.




The company is expected to conclude its defense next week. Lawyers for Jackson's mother say they plan to call several rebuttal witnesses.




Due to an illness in a juror's family, Palazuelos said there would be no testimony in the case this week.




Opening statements in the case were April 29 and jurors have heard from more than 50 witnesses in 20 weeks. Key witnesses have included Jackson's mother, his oldest son, his ex-wife Debbie Rowe, and several top AEG Live executives.




The trial has featured potentially damaging testimony to both sides, with Katherine Jackson's lawyers displaying emails sent by AEG executives describing Jackson in unflattering terms.




The company's lawyers have shown the jury testimony from several of Jackson's doctors, who described close relationships with the singer and their occasional misgivings about whether he was shopping for doctors or had grown dependent on prescription medications.




"I really think it would be inappropriate here for this to go to a jury," AEG Live defense attorney Marvin S. Putnam argued Monday.




Deborah Chang, an attorney for Katherine Jackson, countered that evidence in the case supported the family's position that AEG is responsible for Michael Jackson's death. They claim AEG Live created a conflict of interest in Murray's care of Jackson by agreeing to pay him $150,000 a month to work as a tour physician.




"They created the conflict and I think all of that is well within the record," she said.




———




Anthony McCartney can be reached at http://twitter.com/mccartneyAP
 
Jackson judge indicates she'll toss case against AEG officials
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Michael Jackson
Michael Jackson rehearses at Staples Center in Los Angeles in 2009. (Kevin Mazur / Associated Press)
By Jeff Gottlieb
September 9, 2013, 10:36 a.m.
A Los Angeles Superior Court judge made a tentative ruling Monday throwing out the case against two AEG executives who were promoting Michael Jackson’s ill-fated “This Is It” comeback tour.

Judge Yvette Palazuelos, however, left AEG Live, one of the nation’s largest concert promoters, as a defendant in the case.

Jackson’s mother and three children are suing AEG Live, Chief Executive Randy Phillips and executive Paul Gongaware, saying they negligently hired and supervised Conrad Murray, the doctor who administered a fatal dose of the anesthetic propofol to the singer to help with his insomnia. Jackson died as he was preparing for a set of concerts in London.

AEG has argued that Jackson hired Murray and that any money the company was supposed to pay the doctor was an advance to the singer.

Murray was convicted of involuntary manslaughter in Jackson’s June 2009 death.

A mid-morning hearing is scheduled Monday to allow attorneys to argue the judge’s tentative ruling

Phillips and Gongaware are key witnesses at the trial, and both testified for several days. Phillips testified that he thought the lawsuit was extortion.

Phillips wrote several emails that have emerged as key evidence in the trial, now going into its fifth month and not expected to reach the jury until late this month or next.

After receiving an email from Kenny Ortega, the director of the planned “This Is It” concert series in London, saying Jackson needed psychiatric help just a few days before the singer died, Phillips wrote back: "I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.

"He said that Michael is not only physically equipped to perform and, that discouraging him to, will hasten his decline. ... This doctor is extremely successful (we check everyone out) and does not need this gig so he [is] totally unbiased and ethical," Philips wrote.

But testimony showed the company did little to check out Murray, who is now serving a jail sentence. Murray, who closed his practice to serve as Jackson’s tour physician, was deep in debt and facing foreclosure on his home.

Gongaware, who had known Jackson from previous tours, helped negotiate Murray’s contract, which called for him to be paid $150,000 a month. According to trial testimony, no one connected with Jackson was shown any of the three drafts of the contract. Murray signed it the day before Jackson died, the only one who signed the document.

Gongaware wrote an email that could be among the most important pieces of evidence in determining who employed Murray. Eleven days before the singer died, he wrote: "We want to remind him [Murray] that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him."
 
Re: Jacksons vs AEG - Day 81 - September 9 2013 - News Only (no discussion

Judge dismisses part of Katherine Jackson's suit against AEG
Maria Elena Fernandez NBC News
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A courtroom sketch depicting the testimony of Katherine Jackson, mother of late pop star Michael Jackson, in a Los Angeles courtroom.
MONA EDWARDS / Reuters
A courtroom sketch depicting Katherine Jackson on the witness stand in July: "They watched him waste away," she said, referring to AEG executives.
A Los Angeles Superior Court judge on Monday dismissed two executives from a $40-billion negligence lawsuit filed by the late Michael Jackson's mother against the concert promoters in charge of his 2009 comeback tour.

Superior Court Judge Yvette Palazuelos ruled that lawyers for Katherine Jackson have not proven claims that AEG Live chief executive officer Randy Phillips and promoter Paul Gongaware can be held responsible the death of the pop star on June 25, 2009. But the case against AEG will go on, leaving the jury to determine whether AEG hired Dr. Conrad Murray, the cardiologist who is serving a prison sentence for giving Michael Jackson the overdose of propofol that caused the singer's death. It was Murray's job to oversee Jackson throughout his rehearsals and the tenure of his 50-night tour in London.

During the trial, Katherine Jackson's lawyers blamed Phillips and Gongaware for missing or ignoring signs about the superstar's quickly declining health. Both men were key witnesses in the trial. AEG denies any wrongdoing, and has argued that Jackson hired Murray and that any money the company was supposed to pay the doctor was an advance to the singer.

In an e-mail presented during the trial, Phillips referred to Murray as "extremely successful and does not need this gig." But testimony later reflected that the company did little to check out Murray, who closed his practice to serve as Jackson's tour physician and was deep in debt and facing foreclosure on his home.

In another important e-mail shown to the jury, Gongaware wrote 11 days before Michael Jackson died: "We want to remind him [Murray] that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him." Gongaware helped negotiate Murray's contract,

Although both men have been removed from the lawsuit, AEG could still be liable for billions of dollars. It is not unusual at the end of civil cases for judges to eliminate individual defendants since it's the companies that pay the damages anyway.

In pre-trial hearings, Katherine Jackson was asked why she did not sue Murray. She responded that the singer's three children, who are also plaintiffs in the case, believed the doctor to be a "good person" and did not want to sue him. AEG countered that the Jackson family left Murray out of the lawsuit because he's broke.

The trial, now going into its fifth month, is expected to conclude at the end of the month. Closing arguments are expected to take place next week.
 
Re: Jacksons vs AEG- September 9 through 13, 2013 - News Only (no discussion)

Anthony McCartney ?@mccartneyAP 2h
The lawyers will use this week to take care of important work such as jury instructions and the verdict form.
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Anthony McCartney ?@mccartneyAP 2h
Testimony will resume Monday Sept. 16. AEG Live is still expected to rest that week and then the rebuttal case will begin.
Expand
Anthony McCartney ?@mccartneyAP 2h
Detail from updated story: There will be NO testimony this week in the Jackson vs AEG Live case so a juror can visit an ill family member.
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Anthony McCartney ?@mccartneyAP 2h
Updated story on judge dismissing AEG Live execs from lawsuit over Michael Jackson's death: http://abcn.ws/14GoEGb
View summary
Anthony McCartney ?@mccartneyAP 3h
Link I just tweeted is the short version of my story. A longer version is coming shortly.
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Anthony McCartney ?@mccartneyAP 3h
Judge has dismissed two AEG Live executives from lawsuit filed by Michael Jackson's mother over her son's death: http://bit.ly/1ewLZRy
 
Alan Duke ‏@AlanDukeCNN 1h
Judge: "Randy Phillips and Paul Gongaware did not assume personal liability. Rather, they acted solely as an agent of AEG Live."
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Alan Duke ‏@AlanDukeCNN 1h
Judge adds: "Plaintiffs presented substantial evidence that (AEG's) conduct was a substantial factor in causing (Jackson’s) death"
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Alan Duke ‏@AlanDukeCNN 1h
... that Dr. Murray presented an undue risk of harm to (Jackson)." Thus case goes to jury.
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Alan Duke ‏@AlanDukeCNN 1h
Judge wrote: "Substantial evidence has been presented at trial from which a jury can reasonably infer that (AEG) knew or should have known..
Expand
Alan Duke ‏@AlanDukeCNN 2h
Judge ruled Jackson's have enough evidence to send the AEG Live wrongful death case to jury, rejects AEG motion to end trial.
from Los Angeles, CA
Alan Duke ‏@AlanDukeCNN 3h
AEG lawyer just said he plans to call Katherine Jackson to testify Monday although plan could change.
 
Re: Jacksons vs AEG- September 9 through 13, 2013 - News Only (no discussion)

Michael Jackson wrongful death suit will go to jury, judge rules
By Alan Duke, CNN
updated 8:30 PM EDT, Mon September 9, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
AEG Live lawyers say they may call Michael Jackson's mother back to the witness stand
Judge: Enough evidence to "reasonably infer" AEG should have known Murray was a risk
AEG Live execs Randy Phillips and Paul Gongaware dismissed as individual defendants
Testimony resumes September 16 with closing arguments soon after

Los Angeles (CNN) -- A judge rejected AEG Live's request that she dismiss the Michael Jackson wrongful death lawsuit, but two executives were dropped as individual defendants on Monday, a ruling that had each side claiming a measure of victory.
The trial, which is in its fifth month in a Los Angeles courtroom, is expected to conclude with closing arguments as soon as next week.
But before AEG Live lawyers rest their defense case on September 16, they may call Michael Jackson's mother back to the witness stand, attorney Marvin Putnam said.
A decision will be made on the need for more testimony from Katherine Jackson after the judge rules on several issues regarding possible damages on Wednesday, Putnam said.
The Jackson family matriarch delivered two days of dramatic testimony in July, which included a heated cross examination by Putnam.
"She was trying to answer the questions the best she could," Jackson lawyer Brian Panish said after she left the stand. "I think maybe she lost her temper a little bit and she tried to restrain herself in a very Christian-like way."
Michael Jackson doc: 'He wasn't faking'
Jackson's 83-year-old mother and three children accuse AEG Live of negligently hiring, retaining or supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the pop icon's death. The company's executives missed several warning signs that Jackson's health was deteriorating under Murray's care, they contend.
AEG Live argues that Jackson, not its executives, chose and controlled Murray.
Judge: Jurors will decide the case
Los Angeles County Superior Court Judge Yvette Palazuelos ruled on Monday that the case against AEG Live will be sent to the jury. The company had filed a "nonsuit motion" that argued the Jacksons failed to present enough evidence to warrant jury deliberations.
"Substantial evidence has been presented at trial from which a jury can reasonably infer that defendants (AEG Live) knew or should have known that Dr. Murray presented an undue risk of harm to decedent (Jackson)," she said in her ruling.
AEG Live lawyers contend that their executives had no way of knowing about the dangerous -- and ultimately fatal -- infusions of the surgical anesthetic propofol the doctor was using to treat the singer's insomnia. The coroner ruled Jackson died of a propofol overdose on June 25, 2009 -- just days away from the premiere of his "This It It" tour in London.
The judge also ruled that the Jacksons "presented substantial evidence" that AEG Live's "conduct was a substantial factor in causing" Jackson's death.
Pain was real, doctor testifies
"A jury may logically infer from the evidence that (Jackson) died because Dr. Murray, who was adversely affected by a conflict of interest created by his contractual arrangement with AEG, treated a deteriorating insomniac who was not ready to perform, causing Dr. Murray to make bad medical decisions that caused (Jackson's) death," the judge wrote.
The Jackson case contends AEG Live created a medical conflict of interest by agreeing to pay the debt-ridden Murray $150,000 a month to serve as Jackson's personal physician. Murray's agreement said he could lose his job if the tour was postponed or canceled, leading him to make unsafe medical decisions, they argue.
Murray told investigators he treated Jackson with propofol most nights for the last two months of his life. The Jacksons contend the treatments began once AEG Live co-CEO Paul Gongaware agreed in a phone call to Murray's demands for $150,000 a month.
"The timing of when Dr. Murray ordered propofol is a matter of factual dispute (as to whether that means Dr. Murray used it prior to AEG's retention of him)," the judge wrote. "The court finds that plaintiffs presented sufficient evidence that Dr. Murray's treatment of decedent was connected to Murray's employment by AEG. Therefore defendants' motion for nonsuit is denied."
AEG Live execs dropped from suit
AEG Live CEO Randy Phillips and co-CEO Paul Gongaware were dismissed as individual defendants in the case. The two executives in charge of producing and promoting Jackson's comeback concerts "did not assume personal liability" when dealing with the hiring of Murray, Palazuelos wrote. "Rather, they acted solely as an agent of AEG Live."
A Jackson lawyer downplayed the significance of the dismissal of the two men as defendants, saying the plaintiffs previously offered to drop them from the case but AEG Live lawyers refused.
Closing arguments could come as soon as September 19, after Jackson lawyers offer several witnesses next week in rebuttal to the AEG Live defense.
Testimony was suspended for this week because a female juror traveled out of the state on an emergency trip to visit a seriously ill close relative, Palazuelos said Monday.
 
2 AEG executives dismissed from Jackson suit
The judge dismisses the case against Randy Phillips and Paul Gongaware because they were acting on behalf of AEG.

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Judge dismisses case against AEG executives
Paul Gongaware wrote: "We want to remind him [Dr. Conrad Murray] that it is AEG, not MJ who is paying his salary." (Al Seib, Los Angeles Times / September 28, 2011)
Michael Jackson's survivors vs. AEG: a gold mine for witnesses
Michael Jackson's survivors vs. AEG: a gold mine for witnesses
Debbie Rowe testimony offers peek into Michael Jackson's world
Debbie Rowe testimony offers peek into Michael Jackson's world
Jackson's mother appears contentious, forgetful on witness stand
Jackson's mother appears contentious, forgetful on witness stand
By Jeff Gottlieb
September 9, 2013, 8:57 p.m.
A Los Angeles County Superior Court judge dismissed the case against two ranking executives in the Michael Jackson wrongful death suit Monday but ruled that there was enough evidence to let jurors decide the lawsuit against their employer, concert promoter and producer AEG Live.

When the months-long case finally goes to the jury, the stakes could be enormous. Attorneys for Jackson's mother and three children presented testimony that Jackson could have earned as much as $1.5 billion had he not died on the eve of his "This Is It" comeback tour.

The Jacksons' lawsuit charged that AEG Live, chief executive Randy Phillips and executive Paul Gongaware negligently hired and supervised Dr. Conrad Murray, the Las Vegas physician who administered a fatal dose of the anesthetic propofol to the singer to help him fight insomnia.

AEG, though, has argued that it was Jackson who hired Murray and that any money the company was supposed to pay the doctor was part of an advance to the singer.

Murray was convicted of involuntary manslaughter in Jackson's June 2009 death and is serving jail time.

Brian Panish, the lead attorney for Jackson's family, said Judge Yvette Palazuelos' ruling didn't change the heart of the case.

"We're where we were at the beginning of the case." he said. "Everything they've done to stop the jury from deciding the case has failed."

Jody Armour, a professor at USC's Gould School of Law, agreed, because the entertainment giant — which also owns sports teams, arenas and stadiums around the world — has the resources to satisfy nearly any judgment. The company also was contractually bound to pay any judgments against Phillips and Gongaware, who have been among the most important witnesses.

"AEG has been the great white whale all along," Armour said. "If you still have AEG in the suit, then you're feeling pretty good as a plaintiff."

Marvin Putnam, lead attorney for the defendants, issued a statement calling the judge's ruling "a huge victory" for Phillips and Gongaware.

"The Jacksons have besmirched their reputations and dragged their good names through the mud without any basis whatsoever," he said.

In her ruling, the judge wrote that she dismissed the case against Phillips and Gongaware because the evidence showed their dealings with Murray were on behalf of AEG Live. She said "Phillips and Gongaware did not control, direct, or perpetrate any of the activities in [Jackson's] home," where Murray was giving him propofol and the singer was preparing for an ambitious set of concerts in London.

However, she ruled that the Jacksons had presented ample evidence for the jury to decide if AEG was liable.

"Substantial evidence has been presented at trial from which a jury can reasonably infer that defendants knew or should have known that Dr. Murray presented an undue risk of harm" to Jackson, Palazuelos wrote.

The Jacksons called Phillips and Gongaware as witnesses early in the trial, and their credibility came under fire during withering questioning by Panish.

Phillips wrote several emails that have emerged as key evidence.

He received an email a few days before the singer died from Kenny Ortega, the director of the planned 50 concerts in London, saying that Jackson was showing "strong signs of paranoia, anxiety and obsessive-like behavior" and needed psychiatric help.

Phillips replied: "I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.... This doctor is extremely successful (we check everyone out) and does not need this gig so he [is] totally unbiased and ethical."

But testimony showed that the company did little to investigate Murray. The doctor, who took the unusual step of closing his practice to serve as Jackson's tour physician, was deep in debt and facing foreclosure on his home.

Jurors were also shown a TV interview in which Phillips said "so we hired him," referring to Murray.

Gongaware wrote an email that could be among the most important pieces of evidence in determining who employed Murray.

Eleven days before the singer died, he wrote: "We want to remind him [Murray] that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him."

Gongaware, who knew Jackson from previous tours, helped negotiate Murray's contract, which was supposed to pay him $150,000 a month. No one connected with Jackson was shown any of the contract's three drafts.

Murray signed the contract the day before Jackson died, the only one who signed the document.
 
Judge Dismisses AEG Execs From Jackson Lawsuit
September 9, 2013 12:30 PM
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LOS ANGELES (CBSLA.com) — A Los Angeles Superior Court judge Monday dismissed two defendants in Katherine Jackson’s $40 billion negligence suit against concert promoter AEG Live.

Superior Court Judge Yvette Palazuelos ruled in favor of AEG’s motion to dismiss on the grounds that Jackson’s attorneys have failed to prove their case against the two individual executives who were promoting pop star Michael Jackson’s “This Is It” comeback tour before his death in June 2009.

Executives Randy Phillips and Paul Gongaware were accused of negligence in hiring Conrad Murray, the doctor who was convicted in Nov. 2011 of involuntary manslaughter for administering a fatal dose of anesthetic to Jackson to relieve insomnia.

Murray is now serving a four-year prison sentence and has been stripped of his license to practice medicine in California, Texas and Nevada.

The ruling leaves AEG Live, one of the nation’s largest concert promoters, as a defendant in the case.

AEG’s lead attorney Marvin Putnam spoke to CBS2/KCAL9′s Randy Paige just before making the call to share the news with his clients, Phillips and Gongaware.

“Well, I think it’s great,” Putnam said of the dismissal.


“I expect they’ll be very excited, through at the same time – I’ll be frank with you – they’ve done everything in their power, these plaintiffs have, to ruin their names and to run their good reputations through the mud with false accusations all over the place that the court has just deemed to be legally irrelevant,” he said.

The Jackson family’s lead attorney Brian Panish said that the ruling was actually in his clients’ favor.

“The judge again has found that there is substantial evidence that AEG knew or should have known that Dr. Murray would violate the [Hippocratic] Oath,” Panish said.

“It will change nothing in the case other than – contrary to what AEG – they wanted the case thrown out. They felt that the judge should not allow the case to go to the jury. And they lost,” he said.

Legal analyst Royal Oakes told KNX 1070 NEWSRADIO the judge’s dismissal is unlikely to affect any potential settlement once the case is decided.

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“The big deal for the Jackson family is they’ve got to go against AEG, the deep pockets, billions of dollars,” Oakes explained. “Whether or not the individual executives stay as defendants, not really a huge deal.”

Attorneys for AEG say that they will wrap up the defense in the next week by calling two Jackson family members, including the late singer’s son, Prince.

The case continues.
 
Re: Jacksons vs AEG- September 9 through 13, 2013 - News Only (no discussion)

Michael Jackson's mom must testify again, AEG lawyer says

By Alan Duke

September 12, 2013 -- Updated 0154 GMT (0954 HKT)


Los Angeles (CNN) -- Michael Jackson's mother will be called back to testify by AEG Live as its last witness in their defense of Katherine Jackson's wrongful-death lawsuit on Monday, an AEG Live lawyer said Wednesday.

AEG Live lead attorney Marvin Putnam said he would question the 83-year-old Jackson family matriarch "about the absurdity of the damages" she wants the jury to award if they decide the concert promoter is liable in the pop icon's death.

A Jackson lawyer argued that AEG Live's "intent is to show the lawsuit's purpose is greed," while the judge suggested that any mother could be expected to say "there is no amount of money that would substitute for the loss of her son."

Putnam has frequently cited in interviews a "statement of damages" letter sent to him by a Jackson lawyer last year capping possible damages at $40 billion, but the judge ruled that he could not refer to it in court because it was not a sworn filing in the case.

Jackson lawyer Kevin Boyle pointed out that the lawsuit complaint only says that damages would be "according to proof at trial," based on testimony by several expert witnesses who have testified.

Katherine Jackson and grandchildren Prince, Paris and Blanket contend that AEG Live is liable in the singer's death because it negligently hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter. AEG Live argues that Jackson chose and controlled Murray and that its executives had no way of knowing about the dangerous treatments he was giving him in his bedroom.

Jackson expert Arthur Erk -- a certified public accountant who has managed and audited the business affairs of many top artists -- testified that he was "reasonably certain" that Jackson would have earned at least $1.5 billion from touring, endorsements and sponsorships had he not died from a propofol overdose preparing for his comeback tour.

"It is very difficult to assess the value of the King of Pop," Jackson lawyer Deborah Chang told the judge Wednesday. "How do you even do that?"

The non-economic damages suffered because of Michael Jackson's death could be enormous considering "what happened to Paris Jackson," she said.

Jackson's 15-year-old daughter attempted suicide in June and remains in a treatment program.
The $40 billion estimate made last year was not a court filing but was a "best guess" before the expert reports were completed, Chang said.

Jackson lawyers seemed to welcome the prospect of AEG Live calling their client as their final witness, considering how jurors reacted when she was on the stand in July. Jurors leaned forward and paid close attention during her two days of testimony as the last witness in their case.

"Why are you here?" Jackson lawyer Brian Panish asked her.

"Because I want to know what really happened to my son," she said. "And that's why I am here."
Panish asked Jackson how it made her feel to be asked probing and personal questions about her family by AEG Live lawyer Marvin Putnam.

"It makes me feel real bad, because my son was a very good person," she said. "He loved everybody. He gave to charity. He was in the Guinness Book of World Records for giving to charity."

in July, she told jurors she filed the wrongful death lawsuit against AEG Live "because I want to know what really happened to my son."

If jurors decide that AEG Live is liable in Jackson's death, they could award damages based on the loss of the mother's and children's relationship with him and the amount of money he was unable to earn because his life was cut short.

After AEG Live rests its case -- which lawyers indicated would happen Monday -- the Jackson lawyers would have a chance to call several rebuttal witnesses. Closing arguments in the trial, which began in April, could be heard as soon as next week.


http://edition.cnn.com/2013/09/11/showbiz/michael-jackson-death-trial/?hpt=en_c1


 
Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 81 of Katherine Jackson vs. AEG trial.

Daily news threads are merged into the main News thread in the stickies

Please help the staff by posting all the news stories as well as tweets from media you see.

Please Don't post updates or tweets from Fans in news thread

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Michael Jackson trial: Doctor expected to discuss sleep, drugs

By Jeff Gottlieb
September 18, 2013, 11:25 a.m.

Jurors in the long-running Michael Jackson wrongful death trial are expected to be shown video testimony Wednesday from a physician who allegedly arranged for the singer to be given a powerful anesthetic during a mid-1990s concert tour.

Allen Metzger, who treated the performer for 15 years, twice arranged for German doctors to administer the anesthetic propofol to Jackson in a hotel room when the singer was having trouble sleeping during a stint of concerts in that country, Jackson’s former wife Debbie Rowe testified last month.

Rowe’s testimony provided the first evidence that Jackson had a history of using the drug or that he had used it as a sleep aid prior to the days leading up to his death in June 2009, when the singer was fighting insomnia as he prepared for a comeback tour.

Jackson died after he was administered a fatal dose of propofol in his rented Holmby Hills mansion by Dr. Conrad Murray, who was later convicted of involuntary manslaughter and is serving a jail term.

Testimony in the trial, which started in late April, has been delayed for about a week because of an illness in a juror’s family.

Jackson’s mother and three children are suing concert producer and promoter AEG Live, saying the company negligently hired and supervised Murray. AEG says that the doctor worked for Jackson, and that any money it was supposed to pay the physician was just part of an advance to the singer.

Rowe testified that Metzger was one of the only doctors treating Jackson that she trusted.

Metzger testified at Murray’s criminal trial that the singer was concerned about his health, especially his insomnia, and asked for an anesthetic to help him sleep. Metzger testified he advised against using propofol.

He also testified during the manslaughter trial that the singer was feeling anxious about his scheduled 50 concert dates in London but felt up to the task.

After Metzger’s video deposition is played, AEG is expected to play a deposition from Prince Jackson, Michael’s oldest child. Prince Jackson, 16, testified for about 90 minutes earlier in the trial, detailing life with his father and the singer’s final moments.

Prince Jackson also testified that his father felt he needed more time to rehearse before starting the “This Is It” tour. He said his father would sometimes cry after getting off the phone with AEG Live Chief Executive Randy Phillips and his manager.

“He would say,`They’re going to kill me, they’re going to kill me,’” Prince Jackson testified.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-doctor-20130918,0,1433837.story
 
Margaret Carrero ‏@MargaretCarrero 1h
Katherine #Jackson arrives at the courthouse for the first time in weeks; she will not be testifying in #AEGLive defense case. @KNX1070
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Margaret Carrero ‏@MargaretCarrero 1h
#AEGLive lawyers will NOT play portions of Prince Jackson’s deposition as originally planned. @KNX1070 @CBSLA
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Margaret Carrero ‏@MargaretCarrero 3h
Judge in the #Jackson negligence trial decides to move to a larger courtroom for closing arguments. Listen LIVE @KNX1070 @CBSLA
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Margaret Carrero ‏@MargaretCarrero 4h
Lawyers for Katherine #Jackson to begin rebuttal this afternoon once #AEGLive rests. @KNX1070 http://cbsla.com
 
Re: Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

David Daniel @CNNLADavid
Via @AlanDukeCNN: AEG Live rests its defense case in Michael Jackson wrongful death trial. Jackson lawyers immediately began rebuttal. #CNN


Alan Duke @AlanDukeCNN
AEG Live rests defense in #MichaelJackson wrongful death trial. Jackson lawyers start rebuttal. Closing arguments to start Monday
 
Re: Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

Anthony McCartney ?@mccartneyAP 2m
.@andjustice4some The plaintiffs get some additional time for their rebuttal, which will be Wednesday morning if the schedule holds.
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Anthony McCartney ?@mccartneyAP 2m
Each side has 4 hours, which is basically one court day. RT @andjustice4some: Any idea how long closing arguments will take?
Anthony McCartney @mccartneyAP
It sounds like based on the current schedule, the jury will get the Jackson vs. AEG Live case on Wednesday. Then the waiting begins...
Anthony McCartney @mccartneyAP
We'll have a story out soon on Dr. Metzger's testimony and the defense resting. I'll get a link out once it's online.
Anthony McCartney ?@mccartneyAP 2m
It sounds like the rebuttal case will be wrapped up tomorrow and the jury will be given its instructions on Friday morning.
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Anthony McCartney ?@mccartneyAP 2m
Dr. Metzger will be called by the plaintiffs as a live witness tomorrow to give additional testimony about his treatments on Jackson.
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Anthony McCartney ?@mccartneyAP 3m
Plaintiffs started their rebuttal case and called LAPD Detective Scott Smith, whose testimony was brief.
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Anthony McCartney ?@mccartneyAP 5m
AEG's final witness was Dr. Allan Metzger, whose videotaped testimony was played for the jury.
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Anthony McCartney ?@mccartneyAP 8m
AEG Live rested its defense case this afternoon in the Jackson civil trial. They did not call Katherine Jackson back to the stand.
 
video at link : http://losangeles.cbslocal.com/2013...on-wrongful-death-trial/#.UjpPm7qwYQ4.twitter

Defense Rests In Michael Jackson Wrongful Death Trial
September 18, 2013 5:58 PM

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LOS ANGELES (CBSLA.com) — AEG Live’s defense rested its case Wednesday in the Michael Jackson wrongful death trial, now in its 21st week.

Attorneys for the concert promoting giant closed with video testimony from Jackson’s long-time personal physician, Dr. Allan Metzger, who discussed how the late singer attempted to get medication to treat his insomnia.

“Michael would seek out avenues of sleep helpers, and that’s another aspect of the secrecy. I never knew what he was doing at the times when he wasn’t in L.A.,” Dr. Metzger said in a video deposition played for jurors.

“Probably he did things in L.A. that I don’t know or Dr. Kline doesn’t know,” he said, referring to Jackson’s former plastic surgeon, Arnold Kline, who also treated the late star for several years.

Attorneys for AEG are trying to convince the jury Michael Jackson sought out doctors for prescription medications without letting each doctor know what the others were prescribing.

At one point in the video, AEG lead attorney Marvin Putnmam named several doctors that Michael Jackson had seen over the years who Dr. Metzger had never heard of.


“I told you he was a doctor shopper,” he said.

Attorneys for AEG argue Jackson maintained secrecy surrounding his medical care, including the treatment Dr. Conrad Murray was providing inside Jackson’s bedroom when the pop star died from an overdose of the anesthetic propofol in 2009.

Michael Jackson’s mother, Katherine Jackson, claims the concert promoter negligently hired the singer’s final physician and should be held liable for her son’s death. Murray was convicted of involuntary manslaughter in 2011 after administering a fatal dose of anesthetic in the singer’s bedroom.

AEG says it cannot be held responsible for what was going on behind the bedroom doors between Jackson and Murray.

It is now the Jackson family’s attorneys chance to bring rebuttal witnesses.

Closing arguments are expected to begin next week in the case that began last April.
 
Defense Rests Case In Trial Over Jackson's Death
by THE ASSOCIATED PRESS
September 18, 2013 8:51 PM
LOS ANGELES (AP) — Lawyers for concert promoter AEG Live LLC rested their defense Wednesday with testimony from a longtime friend and doctor of Michael Jackson in the negligence case filed by Jackson's mother over his death.

The trial is in its 21st week and jurors are expected to begin deliberations next week.

Defense attorneys provided an emotional finale to their presentation, playing the videotaped testimony of Jackson's physician Dr. Allan Metzger.

With Katherine Jackson seated in the courtroom's front row, jurors heard Metzger deliver a tribute to the star.

"I saw him as a great guy ... a wonderful, generous person," said Metzger, whose account, given on videotape a year ago, delivered perhaps the most human view of the superstar by any witness.

Metzger spoke of Jackson's decision to embark on the ultimately ill-fated "This Is It" tour to eradicate the stigma of his child molestation trial.

"He wanted to redeem Michael Jackson," said Metzger who visited with the singer at home three months before Jackson died and told of the heart-to-heart talk with him.

"He wanted to redeem his image," the doctor said. "He felt this was it and he wanted to go out with a flash. He was still terribly hurt about the trial and the accusations. "

Jackson was tried and acquitted in a sensational molestation trial in 2005 then lived abroad for a time and returned to rehearse for his "This Is It" tour.

Metzger's testimony contradicted many accounts of Jackson as a tortured figure in his last months, forced to commit to more concerts than he was capable of doing and turning to prescription drugs to chase away his demons and find the elusive sleep he craved.

Metzger said the star was energized — and scared — by the prospect of the shows.

He said their conversation in February 2009 began with "an anxiety call" from Jackson.

"I think he was fearful because this was it and he needed to do a lot of perfectionalizing," Metzger testified. "He wanted it to be something that had never been done before."

One thing that scared Jackson, he said, was the prospect that he would not be able to sleep when he got to London to kick off the concerts.

Metzger said he suggested putting him in touch with sleep therapists in London, but Jackson resisted.

In his last meeting with Jackson in April, 2009, the singer asked Metzger for intravenous sleep medication, but the doctor said he refused, telling Jackson it was dangerous and potentially life-threatening.

The doctor also lectured him on nutrition and hydration, noting that Jackson typically dropped seven to eight pounds in every performance.

He said Jackson never mentioned Dr. Conrad Murray or spoke of taking propofol, the drug that killed him. Murray was convicted in 2011 of involuntary manslaughter for giving Jackson an overdose of the drug in June 2009. He is serving a prison term.

AEG Live's defense has focused heavily on testimony from Jackson's former physicians, who have detailed their treatments for the superstar. The company denies it hired Murray.

Lawyers for Katherine Jackson were expected to present a brief rebuttal case this week and closing arguments were likely to begin on Monday.

Metzger began treating Jackson in the early 1980s. He told of traveling with him to Australia on the History Tour and being at his wedding to Debbie Rowe. Jackson suffered from insomnia even then, he said.

Metzger testified about his treatments of Jackson over the years and said the singer could be secretive and often didn't tell him when he was receiving medical care from other doctors. He described the singer's behavior as "doctor shopping."

He said he did not know him to be addicted to painkillers although he had a low threshold for pain and often sought medication.

"He was a big baby. He didn't want any pain," Metzger said.

Metzger said he had not seen Jackson in years when the star suddenly called in 2009 and asked the doctor to come to his house.

"I was ecstatic," Metzger said. "I missed him. I wanted to see him. The kids were growing up and I had been close to the kids."

He described a confident Jackson sharing his thoughts with an old friend.

"He was excited to come back into the public arena in a good light," Metzger said.

The doctor said Jackson also joked about getting older and wondered aloud how his neck and back would hold up. They spoke about his sleep problems, but again there was no mention of Murray or propofol, according to the testimony.

"His eyes were bright," Metzger recalled. "He was ready to go."

___
 
Re: Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1h

The doctor said he purges records after people don't go back for 3, 4 years. He said he never altered MJ's medical records.
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Putnam read names of several physicians and asked Dr. Metzger if he knew them. "I told you he was a doctor shopper," Dr. Metzger said.
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The doc told MJ he was going to find people to help then drove off putting the top of his convertible down. He said the kids loved his car
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Dr. Metzger: It was definitely a word he made up years ago. He used the word not often but when things got difficult.
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Dr. Metzger: I had used the expression "juice" because MJ would use that, it was a nickname he used for sleeping meds.
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He had great fears about responsibility of tour: dehydration, back injury and sleeping. This was the last time Dr. Metzger saw MJ.
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"It just isn't the right thing to do" Dr Metzger told MJ. He said it was a 5-10 minute talk, and he had no concept whether he was successful
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The doctor alerted him about potential life threatening: he could overdose, allergic reaction in a hotel, could be given wrong medication.
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"He wanted some intravenous medicine that would put him to sleep," Dr. Metzger testified. "I can't sleep without something special.
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Dr. Metzger said he talked to some doctors at Cedars, asked if anyone had recommendation of sleep physician in London.
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"We talked about someone in London, he never mentioned he already had someone on board," he explained.
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The doctor said he expected MJ to have a profound sleep issue during the tour.
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Dr. Metzger: He looked great, he looked trim. You can't say skinny because he was muscular. He was ready to go.
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"He was excited to do a great job, excited to come back into the public arena in good light." The doc said MJ joked about getting older, 49
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"He was excited and stressed, it was a huge task," Dr. Metzger said.
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Dr. Metzger said he recalled they let MJ sleep late, began rehearsal at 11/11:30am. But worked late and MJ had trouble sleeping afterwards
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"I missed him, wanted to see the kids and how they were growing up, was very close to the children when young," the doc testified.
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April 18, 2009- Dr. Metzger visited MJ at Carolwood home. "Michael called me, and said he wanted me to come visit him. I was ecstatic!"
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The doctor said MJ had some chronic back pain off and on. There was no discussion about Demerol.
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Dr. Metzger: I do remember saying 'we're going to help you find someone to help you sleep during these performances.'
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MJ never mentioned Dr. Murray to Dr. Metzger, never met him until the criminal trial.
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Metzger said MJ would be in London, maybe he should look for a sleep physiologist there to help him. He said MJ didn't think he needed one.
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Dr. Metzger: He seemed in good shape, it seemed very exciting to him.
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Putnam: When you saw the announcement, what did you think? Dr. Metzger: He looked great!
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Dr. Metzger said it was nutritious and hydration concern." I was really reminding him about the ordeal he was about to face."
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The doctor said they talked about some different maneuvers. "I suggested hypnosis, he tried acupuncture years ago and it didn't work."
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The doctor said MJ was excited and scared about "This Is It." It was a positive call, an informational call, he remembered.
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Dr. Metzger: He was one of the most recognized names in the world and I think he wanted to stay that way.
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Dr. Metzger: I think he was still terribly hurt about the criminal trial and accusations.
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"He wanted to redeem MJ," the doctor explained. "To redeem his image, he felt this was it, and he wanted to go out with a flash."
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Dr. Metzger: He had a lot of pressure from himself, media and people who he was working for.
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Dr. Metzger: I think he was fearful because this is it, he needed to do something he had never done before.
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"I think it was more of an anxiety call, how he was going to deal with all the 30-50 shows," the doc said.
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Next time they spoke was Feb 26, 2009. That's when MJ told him about upcoming major events in Europe and London.
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"Normally he could sleep with Tylenol pm," Dr. Metzger explained. "Under stress, God only knows what he needed to sleep."
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Dr. Metzger: He was great, a little more boisterous than his normal self, sounded great.
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Dr. Metzger: I personally missed him, liked seeing Michael and dealing with him.
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"I don't recall him calling for a prescription, I was really happy to hear from him," the doc said.
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"I was shocked to hear from Michael, that he was in Vegas," Dr. Metzger said.
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The doc said he sounded alert and when not under stress he takes Tylenol pm for sleep.
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June 12, 2008: Dr. Metzger said he did not see MJ for 5 years. MJ called.
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The doctor said MJ's knowledge about medications was not really sophisticate. He knew what he wanted done, though.
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Dr. Metzger: He took great joy in making it a surprise to everyone. I don't think he thought it was serious.
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Dr. Metzger: I was worried someone would give something that would mix with something else.
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"He was secretive about medicine, secretive about procedures, secretive about all that stuff."
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Dr. Metzger said he would often ask MJ who was prescribing him drugs.
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Putnam asked if that happens frequently: "Virtually never," Dr. Metzger responded.
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Dr. Metzger does not recall any other patients needing clearance for collagen injection.
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Dr Metzger: That was the first time to my knowledge that he was given anesthesia for collagen. They must've planned major amount of collagen
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June 2003: MJ to have anesthesia for collagen injection, pre-op examination by Metzger.
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Dr. Metzger: I didn't know in advance about the great majority of his nasal surgery.
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Dr. Metzger: Over the years, MJ had numerous plastic surgeries, some a, some b, some nasal.
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MJ was taking no meds except MS Contin for severe back pain. It's a narcotic, cousin of Demerol, the doc explained.
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Sept 18, 2002: insurer sent somebody to Dr. Metzger's office to see him draw MJ's blood for lab test.
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The doctor was never aware of MJ's use of Propofol. "I was never aware of anyone using that medication other than Murray."
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Dr. Metzger is not aware of MJ seeing pain cialis, never recommended one.
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"I saw that with back issues, knee issues, headaches," he said. "It worked, he was a big baby, he didn't want any pain."
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Dr. Metzger never participated in any intervention to help MJ quit drugs. "He liked painkillers when he was in pain," he said.
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Dr. Metzger: I think I heard from Arnie he was also trying to reduce the pain meds, but he just accommodated the situation, I guess.
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Dr. Metzger never discussed addition with MJ. He said he expressed he wished MJ didn't use pain medication when he saw Drs. Arnie or Steve.
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Janet was concerned MJ's back was going out too much and be was taking pain meds.
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Dr. Metzger said he didn't have any conversation with Mrs. Jackson about MJ's drug use. But he said he recalled discussed with Janet once.
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Dr. Metzger: Debbie was in constant assistance when MJ was under the care of Dr. Klein. That was the beginning of their relationship.
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"I recall Hoefflin trying to get more involved in his care," Dr. Metzger testified.
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Dr. Metzger said Demerol produces sedation, lethargy, could suppress their breathing, could get a rash and dependency.
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He said he prescribes Demerol in hospital setting. He had 2-3 chronic pain patients on oral Demerol. "It's good for post-operative pain."
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"I believe on one occasion I prescribed Vicodin, don't remember Percocet, no Demerol," the doc recalled.
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"People who are in constant pain require Demerol or its cousins," the doc explained.
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Dr. Metzger: Demerol is addicting if used in high doses for a period of time, usually used after surgery.
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"I believe I never gave him Demerol," Dr. Metzger said. Putnam: Did you prescribed it to him? Dr. Metzger: That's the same thing, no
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He claimed he never discussed with the German doctors treatment for MJ.
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"I recall the stationary and the letter, but I don't remember professor Peter," Dr. Metzger said.
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7/13/1997: letter from Dr. Christian Stole from Munich with lab data of Omar Arnold from 7/5/97 saying Dr. Metzger talked to professor Peter
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Dr. Metzger said MJ lost 7 or 8 pounds after each performance, he weighed him to prove MJ needed to drink more fluids.
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"He was dehydrated, he had a gastroenteritis (stomach inflammation with diarrhea)," Dr. Metzger testified.
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After MJ collapsed during the HBO special, Dr. Metzger went to NYC for 3 or 4 days to be with Michael.
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Dr. Metzger said MJ asked him to come on tour to be in his wedding.
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Medications MJ was taking at the time: Low dose of Xanax - depression and helps sleep Ambien - sleep only Dalmain - very mild sleeping med
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The doctor said MJ needed a physical for the people in charge of the tour. Sometimes they would want a note, or form, or check list.
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"I don't think it was a pain thing, I think it was exhaustion and dehydration thing." 8/25/96: patient seen/examined for world tour
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Dr. Metzger said MJ had a documented arrhythmia after he collapsed during the HBO special in NY.
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"Clearly it's a neurochemical issue, but I don't know exactly," he said.
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Dr. Metzger: His neuro receptors, his brain, would detect a grade 7, 8, 10 when average individual would have 3, 4, 5.
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"There were many times he came in as emergency or at the end of the day," Dr. Metzger said.
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"Somewhat tearful at times related to severe pain," the doctor wrote on the chart.
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7/17/95 - seen in the office as emergency for severe chest and upper back pain, anxiety, shortness of breath.
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Dr. Metzger said there are several medications that are analgesics but not narcotics.
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8/25/93: MJ called, sleeping problems, depression, beginning of tour. "He wasn't able to sleep" Metzger said. 8/26 to 8/29/93- no contact
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8/24/93: Dr. Metzger said the message was that he was in pain. "I don't know if medication was given to him."
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Aug 21, 22 and 23 of 1993: no communication from MJ or doctors, Dr. Metzger wrote on chart.
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Elavil was used for sleep, raise the pain threshold, the doctor said.
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He had viral influenza complaint and severe scalp pain and headache. "I remember he was very sick," Dr. Metzger said.
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Medical record from 8/18/93- Dr. Metzger saw MJ at Century City house for temperature over 100 degrees.
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Dr. Metzger: There was so much anonymity in MJ's world. This was not around the time of MJ's passing.
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Dr. Metzger: I think I told MJ this pain threshold was not average. I do recall prescribing something in Faye's name, I don't remember what
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Metzger: I heard concerns from Karen, Debbie, Hoefflin, Klein, Michael was doctor shopping and took pain medication a normal person didn't
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He said he became concerned because of the pain threshold, knew something needed to be done.
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"I was aware he was given Demerol for procedures in the office," Dr. Metzger said.
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MJ was mostly vegetarian, except for fish, the doctor testified. "He was adamant about proper nutrition."
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Karen Faye was the most constant person who was around MJ all the time, Dr. Metzger said. "To me she was the most constant companion."
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"There were many surgeries related to the injury with fire," Dr. Metzger said.
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He said he doesn't remember anything particular unusual or remarkable, expect helping him sleep.
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Dr. Metzger first met MJ in 1993, treated him for lupus, medical issues, back issues or leg issues.
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"Michael had several aliases for confidentiality, one was Omar Arnold, Joe Michaels, there might be others I forgot about," Dr. Metzger said
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Metzger: I never knew what he was doing at times that he wasn't in LA, and probably he did things in LA I don't know or Klein doesn't know
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"Michael would seek out avenues of sleep helpers," Dr. Metzger said. "That's was another aspect of the secrecy.'
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Dr. Metzger: Ratner was an anesthetist from NY. I don't remember how he got involved with Michael.
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He doesn't think Doctors Klein or Hoefflin were present in the HIStory tour. Putnam asked about Dr. Neil Ratner.
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Video deposition of Dr. Allan Metzger resumed. He said he doesn't recall if he treated MJ for insomnia in the 80s, needed to look at records
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Court staff gave jurors October calendar, they are to check it and bring back tomorrow.
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She told jurors the closing of evidence will be either tomorrow or Friday. Judge thanked juror number 1 for coming back.
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Attorneys stated their appearance for the jury. Judge Yvette Palazuelos said "really good news: we're in the 9th inning!"
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After lunch break, trial resumed. Katherine Jackson was back in the courtroom today wearing a dark pink jacket.
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According to this plan, jury could get the case late Wednesday or Thursday of next week.
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Judge: After it's done, staff and security will need 1 hour and 1/2 with the jurors prior to the commencement of deliberations.
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Best envision to finish pre-instruction Friday by noon, closing Monday, Tuesday and Wednesday, concluding instruction after rebuttal.
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Closing for defense Tuesday at 10 am. Rebuttal on Wednesday -- not sure how long Panish will take.
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Judge said minimum of 3, up to 4 hours for closing for each side. Closing arguments to begin Monday at 10 am with plaintiffs.
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As to closing arguments, Judge said they don't want to begin one party's closing on Friday then take the weekend off.
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Jurors will have a room to eat lunch that doesn't require them to mingle with anyone else.
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During deliberation, the jurors will be partially sequestered. They will have special arrangements for arrival and departure.
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The ruling came w/ objection of AEG's attorneys who wanted to keep everything in the small courtroom the trial took place over last 5 months
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The trial will move to the same courtroom where jury selection was done in order to accommodate whoever wants to see the proceedings live.
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Judge Yvette Palazuelos ruled that closing arguments and possibly verdict will take place in a much larger courtroom.
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Today was Day 81 of trial, Week 20! In the morning, without the presence of the jury, judge heard several arguments from attorneys.
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Hello from LA. Trial in the Jackson family vs AEG case resumed only today. Juror 1 had personal issues and could only come back today.
 
Re: Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

wrong thread
 
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