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

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Sorry can a Mod please correct the headline. It`s day 82

ABC7 Court News ‏@ABC7Courts 16h

Remember, for all the latest, watch @ABC7 Eyewitness News and go to http://www.abc7.com
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We hope to see you tomorrow for what could be the last day of testimony in the case. Have a great evening everyone.
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- Closing plaintiff -- TUESDAY - Closing defendant -- WEDNESDAY - Rebuttal plaintiff -- THURSDAY
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PLAN AS OF NOW, ALL SUBJECT TO CHANGE: - Witness done tomorrow morning, arguments and motions in the pm - Jury to be instructed on MONDAY
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Judge adjourned trial until 10:00 am PT tomorrow for jurors. Attorneys are ordered at 9:30 am PT. Dr. Metzger to resume testimony at 10 am.
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Dr. Metzger: I think he didn't want one medical group to know about another medical group so he could, more or less, do what he wanted.
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Dr. Metzger on depo: I think he didn't want to appear he was doctor shopping.
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Cahan played video deposition in the insurance company lawsuit where Dr. Metzger said MJ would segregate his doctors.
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Cahan: Do you think MJ wanted to keep information from one doctor to another so he could more or less do what he wanted? Dr. Metzger: No
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Dr. Metzger: I always asked him to go thru the hotel, because the hotel had responsibility to hire competent physician.
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"At times, I think he probably did keep things from me because he didn't want me to worry," Dr. Metzger testified.
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Dr. Metzger: Often I'd not hear about other physicians. I'd hear from security or the ladies if it was serious.
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Cahan: Did doctor shopping included Mr. Jackson segregating physicians?
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"He was uncomfortable and a little fearful of flying," Dr. Metzger explained.
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"Michael needed to be told what to do," Dr. Metzger said. The plan detailed what to do before flights and after performances.
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The doc talked about the plan he wrote to help MJ sleep. He said MJ gave permission for him to share plan w/ Rowe, Faye and security guards
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"He didn't need me and I didn't need to be there," he said. Dr. Metzger recalled treating MJ for mild dehydration while in Australia.
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Dr Metzger never rejoined the tour after he came back to LA. "My schedule and MJ particularly wanted me there for the wedding and Australia"
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Dr. Metzger said he travelled to Australia with Debbie Rowe, was there for about 2 weeks. This was HIStory tour.
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Judge admonished Cahan not to ask anything about it.
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Judge will read an instruction to the jury that Cahan's question was improper and they should disregard it or anything implied by it.
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"I honestly don't know what to do to fix it," Chang said. "I just want to throw myself on the floor and cry."
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Chang argued Cahan did it in bad faith. "The jury is left with the idea that he's a criminal, that he'd do anything for MJ," she said.
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Panish wants an admonition read and wants to be allowed to talk about the German doctors.
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Panish: She did it intentionally, was setting him up. It was a premeditated plan. It's not admissible, she severely prejudice this witness
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Cahan apologized saying she misunderstood the court order. She said she thought it had to do with other patients other than MJ and KJ.
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Bina argued the appropriate remedy should be to strike the question and bar the line of questioning.
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Bina: Dr. Metzger pled no contest to a misdemeanor for misconduct. There's a petition for suspension of Dr. Metzger's medical license.
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Outside jury's presence there was discussion about Cahan asking if Metzger was reprimanded 4 writing prescription under other people's name
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Cahan: Have you ever been reprimanded or disciplined for writing prescriptions on someone else's name? Chang asked for a sidebar.
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Cahan: Even though you knew it's illegal? Dr. Metzger: Yes C: Why? Dr. M: To protect their anonymity
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"I've done it on rare occasions, almost exclusively for MJ and Janet," Dr. Metzger said.
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Dr. Metzger admitted he used Karen Faye's name to prescribe medicine for MJ.
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"I don't remember ever writing a prescription for Michael about Demerol," Dr. Metzger explained.
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Dr. Metzger: I don't personally believe I prescribed MJ Demerol. It could've come from Dr. Klein if it was in the package.
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Cahan: Do you remember sending some Demerol?
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Cahan: Do you remember sending pain medication? Dr. Metzger: Yes, there was some form of pain medication
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Cahan: Was that in Aug 1993? Dr. Metzger: I don't recall.
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Dr. Metzger: At some juncture on that tour (Dangerous), I believe I arranged for Karen, Debbie or security team to bring some medicine to MJ
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Dr. Metzger said he believes he never gave MJ Demerol. "Absolutely not," he responded to the question.
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"He needed it, he didn't take it for joy," Dr. Metzger said.
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"He really didn't like taking medicine" Metzger said. "I think he needed medicine because he had low pain threshold when undergoing surgery"
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Dr. Metzger: MJ was the most social I was with my patients.
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Dr. Metzger: In my view, I always maintained proper boundaries. A lot of physicians would not socialize with patients.
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The doctor said he understands the Hippocratic Oath to have his patients first, do no harm.
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"I don't believe I ever crossed any ethical boundaries with Michael Jackson," Dr. Metzger said.
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"He was both," Dr. Metzger said about MJ being a friend and patient. "I always had his best interest at heart."
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He went to MJ's Century City house, saw MJ at Dr. Klein's house and office, saw him in NY, Australia, best man of his wedding to Ms. Rowe.
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The doctor said his relationship with Michael Jackson was the closest he has ever had with any patient. He went to Neverland 12-15 times.
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"My recollection I did not speak with any single member of the family about this lawsuit," Dr. Metzger testified.
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Cahan: Have you spoken with Jackson's family members about this lawsuit? Dr. Metzger: Basically no
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As to his attorney, Metzger said he knows there's an arrangement for payment by the plaintiffs and there's also an arrangement between the 2
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"There were no negotiations, I basically said this is my fee and they said ok," Dr. Metzger explained.
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Cahan asked the judge to order him to answer, which judge did. He said he charges approximately $1,000/hour.
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The doctor said he's spent about 6 hours of his time. Cahan asked how much he charges and he said he was not comfortable disclosing his rate
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Dr. Metzger: I believe it's reasonable for my time reviewing the records, giving deposition and testimony in this case.
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Dr. Metzger: I'll be sending a bill at the end of the trial.
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At that time, Rowe also said Eric George was a good attorney. Cahan asked if the doc is charging plaintiffs anything to be here today.
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The doctor said he reached out to Debbie Rowe after seeing in the media that she testified in this case. He wanted to give her some support.
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Cahan: Are plaintiffs' paying for your attorney in this case? Dr. Metzger: I believe so. C: How much does he charge? Dr. M: I don't know
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Cahan: Did plaintiffs' counsel help you find an attorney? Dr. Metzger: Yes
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Dr. Metzger said Chang told him she had an attorney to refer that she thought would suit his needs. She recommended Eric George.
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Dr. Metzger first spoke with plaintiffs' attorneys about testifying back in April or May. He has been subpoenaed.
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Doctor said he was out of town from middle of July until mid-Aug. Early July he advised plaintiffs' counsel about his absence.
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Dr. Metzger said he spoke w/ Chang on the phone about 2 weeks ago and in met her in person with his attorney 2-3 nights ago for an hour.
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"I viewed Michael as a very good friend of mine and I think it was vice-versa," Dr. Metzger testified.
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"I'm well acquainted with the immediate Jackson family and some other members," the doctor said.
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"Janet and Randy asked me to evaluate her health," Dr. Metzger said. "I've previously taken care of Janet many years ago."
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Dr. Metzger: I advised her to fly to Arizona for a concert. I do not know where she was in Arizona, I did not advise her to go to a spa.
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He gave Mrs. Jackson advice about traveling because of her health.
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Dr. Metzger met Katherine Jackson many years ago, he said. He provided some medical care to her last Summer.
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He said there were times the children went to his house for dinner, went to the movies.
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Dr. Metzger said he had a moderately close relationship with the children in comparison with his relationship to MJ.
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In depo Dr. Metzger's said: Q: And it seems like you also had a very close relationship with Michael's children, correct? A: Yes
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The doctor was very close to MJ and moderately close to the children.
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Dr. Metzger said he had, in bits and pieces, taken care of other Jackson's family members, including MJ's children.
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The doctor said he looked at some of MJ's medical records over the past several days. "I did not look at 26 years of medical records."
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"I told the truth to the best of my ability," Dr. Metzger said about his deposition and his trial testimony.
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Dr. Metzger said that at the time of his deposition, he received a great amount of the file back, but it was out of order and missing pages.
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There may be an insurance file and one major file, the doctor said. His counsel did not give his medical record prior to his deposition.
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Dr. Metzger: Some of my records were given to my attorney at the time, didn't keep medical records.
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Cahan inquired about the time of deposition whether Dr. Metzger had MJ's medical files.
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No further question. Kathryn Cahan, for AEG, doing cross examination.
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Chang: Do you recall having a conversation with Paul Gongaware about MJ's inability to sleep? Dr. Metzger: Yes, I do.
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Jurors entered the court at 2:41 pm. Dr. Allan Metzger resumed testimony. Deborah Chang continued the questions.
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Bina: We can never get back what Dr. Metzger's memory actually was. Judge: Ok, I'm ready to rule. I'm excluding it.
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Panish: Defense will argue MJ had long history of use of Propofol. The evidence here is that Propofol was used in connection with surgeries.
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"This is about refreshing his recollection with someone else's memory," Bina argued.
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Panish: What we did, show him the testimony, is appropriate. Non-retained experts can be refreshed.
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"There's no other way to fix this other than keep it out," Cahan urged the judge.
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Cahan said the 38 pages of Rowe's testimony detailed the set up the anesthesiologist in German, logistic, what drugs have been provided.
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Bina said Chang corrupted the witness by giving another witness' version of the events so he was able to taylor his answer according to hers
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Bina said she's asking for fair remedy here, which is keep this part out of Dr. Metzger's out.
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Bina: He already testified without the taint of someone else's testimony. Even if she acted in good faith, it irreparably tainted his memory
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Judge then precluded plaintiffs from asking anything related to the issue German doctors and Propofol used to sleep.
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Chang: I don't think it was intentional violation of court's order. I believe we acted in good faith Judge: The good faith exception, huh?
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Judge had ruled that non-retained expert witnesses should not be given copies of other witnesses' testimony.
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Chang gave 38 pages of Debbie Rowe's testimony to Dr. Metzger to read.
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Outside the presence of the jury, Deborah Chang argued she doesn't think it's appropriate for the court to sanction.
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Around 1:40 pm PT, jurors were escorted by sheriff's department. We're told they had security brief for sequestration during deliberation.
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Judge ordered jurors back at 1:30p PT to have a security meeting. Attorneys ordered back at 2:00p PT.
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Chang: Did he look like this? Dr. Metzger: Oh no, not at all C: Would you've been concerned? Dr. M: Oh yes, oh yes
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Chang showed Dr. Metzger the picture of MJ during fitting on June 19, 2009.
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Dr Metzger: One of the things he discuss was Diprivan. April 18, 2009 was the last time Dr. Metzger saw MJ alive.
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Dr. Metzger: Basically he said any IV treatment is potentially dangerous, that he didn't know anyone who would administer IV anesthesia.
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"I don't remember if I called back or just relay the message I couldn't help," the doctor said.
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"I needed advice getting him to sleep and I also asked about a doctor in London," Dr. Metzger explained.
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He spoke with the head of anesthesia at Cedars Sinai, since anesthesiologists have to manage pain and sleep.
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After leaving the house, Dr. Metzger said he called a few colleagues to see if there was any other medication or avenues to help MJ sleep.
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"I had a feeling that any IV given in a home is potentially precarious," Dr. Metzger explained.
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He was allowed upstairs at Carolwood, did not see any locked doors, medical equipment or oxygen tanks.
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The doctor said he had free access to the house and the children. "I was ecstatic to see the children," the doctor said.
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MJ indicated he could not sleep, the doc said. "This time he was in a totally different place," Dr. Metzger said.
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The doctor said the stress was related to "Can I do 50 shows?"
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Dr. Metzger said MJ was more stressed when he saw him in April 2009 than during the phone call in Feb. 2009.
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Chang: Did he ever seek painkillers to get high? Dr. Metzger: No, I don't believe this was in any way recreational
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Chang: At that time, did MJ ask you for any narcotic or prescription drugs? Dr. Metzger: No
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Dr. Metzger: I had one phone conversation in 2009 and I visited him in April 2009.
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When not under stress, the doctor said MJ could sleep on Tylenol PM, which generally worked.
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Chang: Did MJ ever ask you to find someone to infuse anesthesia in him? Dr. Metzger: No
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Chang: In the 26 years you worked w/ MJ did he ever ask you for Propofol before the HIStory tour? Metzger: Those words were never said by MJ
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"MJ was really tired and very frustrated, he felt he wasn't performing well," Dr. Metzger said about his sleepiness.
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"I wanted to be proactive and ready," the doctor said about HIStory tour. He testified he sent a copy of the plan to Gongaware, as producer
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Dangerous was cut short so MJ could enter rehab. Dr. Metzger said Dr. Forecast gave MJ too much Demerol.
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The doctor said he didn't think there was a plan for Dangerous tour. He didn't think a good job was done then.
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"I know that Michael can't sleep when he's creating, or after he was creating, he always wanted to make it better," Dr. Metzger recalled.
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The doctor wrote a letter detailing a plan to help MJ sleep. He said he sent a copy of it to the producer, MJ, Karen Faye, Debbie Rowe.
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Chang: As the HIStory tour doctor, were you concerned with MJ's sleeping disorder during the second leg of the tour? Dr. Metzger: Yes, I was
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In his deposition, Dr. Metzger said he didn't remember who Paul Gongaware was. He said he didn't have all his records with him.
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Dr. Metzger saw all the shows in Australia. He said MJ would lose 7-8 pounds after each performance.
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The doctor said he saw several MJ shows, but nothing like what he saw in Sydney, Australia. Chang played snippet of the show.
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"It was a beautiful, caring, solid relationship," Dr. Metzger explained.
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Dr. Metzger: I see he did a wise thing over the years of not exposing their faces, so they could go out and not be recognized.
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Dr. Metzger: The relationship was extremely loving, non fearful.
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The doctor said MJ always wanted to be a father. Chang: Did he enjoy being a father? Dr. Metzger: Very much so
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Dr. Metzger said he knew MJ was going to get married to Debbie Rowe during the HIStory tour. During the tour he found out Rowe was pregnant.
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Chang: Were would your allegiance fall, with the producer or patient? Dr. Metzger: Of course the patient, regardless if it was MJ or not
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He said he would've never signed a document that had that clause in it, it's a conflict of interest.
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"I've never seen a document like this," Dr. Metzger said.
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Chang showed Murray's contract to Metzger and asked if he was ever given a contract that says doctor could be terminated by the producer.
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"I never put in jeopardy his health for performance," he said.
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Dr. Metzger said he never had the issue where he had to put MJ in danger to continue the tour.
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In the tour, his main responsibility was with Michael Jackson. He said he was never approached by a promoter/producer with a contract.
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He said he would've charged his normal house call rate, if they needed him during the tour.
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Dr. Metzger: I basically asked for nothing (payment). I knew this would be an honor, would bill based on being needed.
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Chang showed letter from Metzger to insurance company that he'd be accompanying MJ, cast members and crew (180-190 people) in HIStory tour
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Metzger said MJ approached him to go on "HIStory" tour. He thought it would be fun, wanted doc to be best man on his wedding to Debbie Rowe
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"It's hard to see that," Dr. Metzger expressed after movies were played, somewhat emotional.
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Chang played clip of "Heal the World" film and "Earth Song." Dr. Metzger watched them with somber face, shook his head to the beat at times
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The doctor said MJ always had a message in his short film, that humans should be human beings to each other.
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Chang: Did he enjoy going out incognito? Dr. Metzger: Oh, he loved it!
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Dr. Metzger said he watched MJ's short video "Ghost." Chang showed photo of Dr. Metzger and Michael Jackson as the white mayor.
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Dr. Metzger: I don't know if he didn't follow my recommendations or it didn't work.
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Chang: Did you try to work w/ Forecast to resolve the issue? Dr. Metzger: I think we had 2-3 discussions on how to lower the dose of Demerol
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Sleep issues: That was the first time I was aware of the issue, didn't have problems in Bad tour, the doctor said.
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Dr. Metzger got a call during the tour. There were couple of issues related to dehydration and Dr. Forecast administering Demerol.
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Dangerous tour: Metzger: I was informed he'd (Forecast) be taking over the medical role, and I would not be needed because of the distance
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Dr. Metzger said he did several examinations of Michael for insurance prior to tours.
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Dr. Metzger said he would agree that MJ needed the majority of the surgeries he underwent, specially after the burn.
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Dr. Metzger: I wasn't concerned about anesthesia, I was always concerned about too many surgeries.
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"I did not ever ever see him intoxicated with too many pain medications," he said.
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Chang: Did you personally ever see MJ under the influence? Dr. Metzger: No. I saw him groggy but never drunk.
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He said he thinks it's because Rowe thought he could do something about it.
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On numerous occasions, Debbie Rowe would talk to Dr. Metzger when she thought other doctors were giving MJ too many painkillers.
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Dr. Metzger: I was in touch, not as spies, but wanted to have fingers on the pulse of what was going on with my buddy.
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Dr. Metzger: I worked with Karen Faye, Debbie Rowe, Grace Rwamba.
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Dr. Metzger: Absolutely not! I never gave him Demerol or any hard narcotics.
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Chang: Do you believe he was your friend so he could get prescription drugs from you?
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Chang: Was your belief he looked for doctors to get drugs? Dr. Metzger: No
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"He'd rely on others and had faith in the medical profession," Dr. Metzger said. "He often bounced things off me."
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"Michael was very private," Dr. Metzger opined. He said often he wanted to know about his medical care, but often didn't.
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Dr. Metzger said he was always involved in MJ's medical care because he wanted to make sure MJ was safe.
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Dr. Metzger: MJ had to shop around in the city for quality physicians for himself and his children.
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Dr. Metzger: When he was out of our presence, because he travelled so much, he would use hotel doctor.
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Chang asked about Metzger's reference that MJ was "doctor shopping." He explained it was a slang doctors used by the doctors who treated MJ
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Chang: Would you say the first 10 years you saw him were very difficult? Dr. Metzger: Yes, very difficult
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"I always liked to review what kind of medications he was taking to make sure there was no interaction," Dr. Metzger testified.
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He said he did pre-operative examination before MJ's surgeries.
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Dr. Metzger worked together with Dr. Klein, Sasaki and Hoefflin. MJ's diseases were incurable (lupus and vitiligo).
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Chang played part of "We Are The World" video clip, with major music stars singing it. The song raised money for humanitarian efforts.
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"He and Lionel were able to put so many influential people for charity," Dr. Metzger said.
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Dr. Metzger said Lionel Richie approached MJ and ion one day he wrote "We Are The World" song. Richie did the music.
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The discoid could travel from his scalp to his face, leading to disfigurement.
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The discoid lupus was very scary to him, Dr. Metzger said, and the burns came on top of the discoid.
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Over the next several years, he had a terrible burn, issues with his back and neck, he said.
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Normally, Michael was very protective of his short films. But he trusted some people, and Dr. Metzger was one of them.
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Dr. Metzger said sometimes MJ would ask about a disease he wanted to know about, but generally didn't discuss with him the charities.
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"I don't know anyone can share his degree of charity," the doctor said.
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Dr. Metzger: MJ dealt with a lot of adversity with generally a positive attitude.
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The doctor said Neverland was a place of peace. He visited it 12-15 times, sometimes with friends, family, help feed the kids. MJ supervised
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Dr. Metzger's daughter was the first one to visit Neverland. She went as part of a charity organization visit, DreamStreet Foundation.
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After, there was the burn incident. "His pain became unbearable," he explained.
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The doctor said he became very close to Michael Jackson. He started seeing him in 1983 for discoid lupus.
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Dr. Metzger treated other celebrities during his 46-year medical career. He said it's not unusual for them to use aliases.
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Side note: Dr. Metzger and Debbie Rowe have the same attorney, Eric George, the son of former California Chief of Justice Ronald George.
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When Chang asked if Dr. Metzger reviewed trial transcript of Debbie Rowe, AEG attorneys objected and asked for a sidebar.
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The doctor explained he didn't have all the medical records when he gave deposition, they were spread around to coroners, attorneys.
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He gave his deposition in September of 2012, about 3 years after Michael Jackson died. He worked with MJ for 25-30 years.
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Plaintiffs called Dr. Allan Metzger. Attorney Deborah Chang did direct examination. He said he was traveling, returned 2-3 weeks ago.
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Judge Yvette Palazuelos told the jury she's allowing Jacksons attorneys to reopen their case briefly.
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Katherine Jackson is present with grandson (and bodyguard) Trent.. She is in floolength purple dress with purple and grey print jacket.
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Before the jury came in, attorneys argued about the scope of Dr. Allan Metzger's testimony. At 10:30 am PT, jurors entered the courtroom.
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Day 82: Jackson family vs AEG trial -- Week 20 is currenlty under way. Judge broke session for lunch.
 
Metzger is testifying:

"Katherine Jackson’s side called Metzger to elaborate on why he called Jackson a “doctor shopper” a half-dozen times during videotaped deposition testimony previously played for jurors. Metzger said Thursday that his characterization only meant Jackson had to “shop” for “quality” doctors for his family when he moved to new cities. He said he didn’t believe his friendship with the “Thriller” singer was dependent on his prescription pad.

“Did you ever believe or suspect he sought pain killers for a high or sheer (pleasure)?” Chang asked Metzger. “No, Michael abhorred medicine and only used it when he was in pain. I don’t believe this was in any way a recreational phenomenon,” he said. “Michael was very private,” he said, echoing his deposition testimony. But he “would often rely on others and had faith in the medical profession that we would always do what was right.”

Metzger called Jackson an “extremely loving” dad whose heart was in the right place when he put masks and veils on his three kids — Prince, 16, Paris, 15, and Blanket, 11.
“I think he did a wise thing in the early years, not exposing their faces so they could go out in public,” he testified. “We went to a few movies together, and nobody knew who they were.

He chuckled at a photo showing him with Jackson in a fat suit and full makeup for the singer’s role as the white mayor of a fictional town in the short film “Ghosts.” He said they visited a Baskin-Robbins ice cream shop together that day, and nobody recognized the incognito idol.

1235932_10151658421381616_1082472287_n.jpg


http://www.nydailynews.com/news/nat...ial-final-witness-testifies-article-1.1461949
 
Testimony concludes in Michael Jackson's wrongful death trial
Katherine Jackson's suit against AEG Live alleges that the concert giant hired Dr. Conrad Murray — who administered a fatal dose of propofol to Michael in June 2009. Closing arguments in the five-month trial are scheduled to begin Tuesday.

Comments (1)
BY NANCY DILLON / NEW YORK DAILY NEWS

FRIDAY, SEPTEMBER 20, 2013, 5:18 PM

Katherine Jackson, pictured here with Prince Jackson, sued AEG Live for damages above $1 billion, alleging the concert promoter hired Dr. Conrad Murray, who gave Michael Jackson a lethal dose of propofol.

Katherine Jackson rested her months-long, megabucks wrongful death case against concert promoter AEG Live Friday after dropping a bid to show jurors never-before-seen "This Is It" rehearsal footage.

Katherine's lawyers originally wanted to cap the trial that began in April with select outtakes of the King of Pop appearing "slow" and needing help up a ramp in the days before his death, but they backed down when AEG lawyers countered with a request that jurors see all the raw footage from the final rehearsals.

Jackson had planned a series of comeback concerts, but died before the shows in London began.

"We just weighed the options of what (AEG lawyers) were going to do in response and how that would delay the close of the trial," Kevin Boyle told the Daily News, explaining the reversal.

Closing arguments in the five-month trial, in which is suing for more than $1 billion in damages, are now scheduled to begin Tuesday.



Read more: http://www.nydailynews.com/entertai...l-death-trial-article-1.1462849#ixzz2fW2YuqqA
 
Re: Jacksons vs AEG - Day 81 - September 18 2013 - News Only (no discussion)

Michael Jackson's mother has standing to collect damages, judge rules
By Alan Duke, CNN
updated 10:34 PM EDT, Fri September 20, 2013


Katherine Jackson, shown in April, is a plaintiff in the wrongful death lawsuit against concert promoter AEG Live.

Judge issues a partial directed verdict in favor of Katherine Jackson
Evidence proved Michael Jackson provided "everything" for his elderly mother
AEG Live argued she couldn't sue because of support from Janet Jackson
Closing arguments start Tuesday in the wrongful-death case


Los Angeles (CNN) -- Jurors in the Michael Jackson wrongful death trial have one less question to decide after the judge issued a partial directed verdict in favor of Jackson's mother Friday.
Katherine Jackson has standing to seek damages against concert promoter AEG Live in the pop icon's death because evidence proved her son provided for "everything," including her household expenses and food, Los Angeles County Superior Court Judge Yvette Palazuelos said in a ruling Friday afternoon.
Lawyers for AEG Live unsuccessfully argued that Jackson's elderly mother could not sue because she was also supported by daughter Janet Jackson.
Testimony ended Friday in the five-month-long trial, setting the stage for closing arguments to begin Tuesday. Judge Palazuelos will read her instructions to the jury on Monday.
Jackson's mother and three children contend AEG Live is liable in his death because it negligently hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter in November 2011 and sentenced to four years in prison.
Murray told police he infused Jackson with the surgical anesthetic propofol for 60 nights to treat his insomnia as he prepared for his comeback concerts. The coroner ruled his death on June 25, 2009, was from a propofol overdose.
AEG Live lawyers have argued it was Jackson who chose and controlled Murray and that their executives had no way of knowing about the dangerous treatments the doctor was giving Jackson in the privacy of his bedroom.
The judge cited testimony from Katherine Jackson and a financial expert hired by AEG Live in her partial directed verdict ruling.
The defense expert concluded that the Michael Jackson paid for the "bulk" of his mother's support, including for her home, transportation, food and insurance, the ruling said.
The only evidence AEG Live had supporting their defense was Katherine Jackson's testimony that her youngest daughter, Janet Jackson, gave her $10,000 a month for "some period of years," the judge wrote.
"There is no evidence that Janet Jackson's contributions negated Katherine Jackson's reliance -- to some extent -- on [Michael Jackson's] contributions for the necessaries of life," Palazuelos ruled.
California law does not allow parents to seek wrongful-death damages if their offspring had other heirs, unless they can prove they were financially dependent on their child.
The judge is moving the trial to a much larger courtroom in the downtown Los Angeles courthouse, which will allow more than 300 people to watch closing arguments. The trial began in a courtroom that only seats 60 people.
 
What If Michael Jackson Was Still Alive?

LOS ANGELES September 22, 2013 (AP)
By ANTHONY McCARTNEY AP Entertainment Writer


If Michael Jackson were still alive today, he would have just celebrated his 55th birthday and the world would know the outcome of his comeback efforts. He might be embarking on a new career in filmmaking and probably would be nudging his eldest son in the same direction.

As a trial pursued by the singer's mother against the promoters of Jackson's planned comeback concerts draws to a close, jurors may soon be considering intriguing what-ifs had the King of Pop lived.

Throughout the trial, which has spanned 21 weeks and more than 50 witnesses, the panel of six men and six women has heard evidence about Jackson's ambitions and his undisputed devotion for his three children and mother. If jurors determine that AEG Live LLC is liable for Jackson's death, the group will then have to decide how much to compensate the singer's three children and his mother for the loss of a loving father and an entertainer potentially capable of earning tens of millions of dollars a year.

In order to award Jackson's family any money, the panel would have to determine that AEG Live hired the doctor convicted of administering an overdose of the anesthetic propofol in June 2009. AEG denies it hired former cardiologist Conrad Murray or bears any responsibility for Jackson's death. The company's lawyers point to evidence that Murray treated Jackson for years before preparations for the "This Is It" shows began and testimony that the singer was secretive about his medical care.

Yet whether or not the jury will need to determine compensation for Jackson's family, the trial has revealed new details about the superstar's post-tour plans.

Witnesses have described the entertainer's interest in another career as a filmmaker after wrapping up his "This Is It" shows, which were slated to begin in July 2009. The singer's contract included provisions for a worldwide tour after the singer completed a run of 50 shows planned at London's O2 Arena, but AEG executives say the global shows weren't a certainty.

Experts hired by Jackson's mother have testified Jackson could have earned a billion dollars or more on a worldwide tour, a figure that defense experts have attacked as speculative and far in excess of earnings from the singer's previous tours.

Jackson's success or failure during the "This Is It" shows would have determined his future course. By many witnesses' accounts, including his son Prince and a trusted nephew, Jackson was eyeing a second career as a filmmaker. He considered his long-form music videos such as "Thriller" and "Remember the Time" as films, but was eyeing even bigger projects on Egypt's King Tut and a Chicago gangster film

Prince Jackson, 16, recalled during the trial that his father would often show him films twice — the first time with the sound off so that they could analyze shots together. The teenager still has aspirations in show business and told jurors he is considering film school, a decision his father might have steered him toward if he was alive.

The singer suggested to his nephew Taj that he study filmmaking as well, urging him to focus on 3-D technologies that hadn't yet become mainstream in 2009. "He just loved the technology and he wanted to do something groundbreaking with it," Taj said. He said his uncle talked about working with famous directors and about doing movies based on some of his hits, including "Smooth Criminal."

Jackson's devotion to his three children has been a major focus of the trial. The entertainer closely guarded their privacy and often had them wear masks while in public. Since their father's death, Prince, Paris and Blanket have become household names and their faces are now well-known.

The children now live with Katherine Jackson and are supported by their father's estate, which has successfully erased the singer's sizable debts and have kept interest for his music high. But their father's death has taken away the children's primary caregiver and a father who by all accounts during the trial sought to bring his children happiness and instill in them a sense that they should help others.

The family's attorneys haven't told the jury how much they're asking for the loss of Michael Jackson, yet they could reveal a suggested amount during closing arguments, set to begin Tuesday.

Attorneys and experts hired by AEG Live have presented a different version of Jackson's long-term prospects throughout the trial, showing evidence that the singer was deep in debt and sought out the anesthetic that eventually killed him in the months before his death.

Jackson was on the brink of losing his signature asset, his stake in the Sony-ATV music catalog that includes songs by The Beatles and other top acts, the company's experts told the jury. The singer's medical care has also been thoroughly detailed throughout the trial and it has revealed new information about Jackson's relationship with Murray.

The former cardiologist accompanied Jackson to a 2007 medical appointment in Las Vegas and paid for the cosmetic procedure, a doctor who treated Jackson recalled in testimony. AEG's attorneys have argued that Murray was Jackson's personal doctor and the company was merely advancing the physician's $150,000 a month fee to work on the "This Is It" shows.

It will take at least nine jurors to agree that AEG indeed hired Murray if the panel is to then consider the what-ifs of Michael Jackson's ambitions.

http://abcnews.go.com/Entertainment/wireStory/michael-jackson-alive-20335222?singlePage=true
 
Jacksons vs AEG - September 23 2013 - News Only (no discussion)

Use this thread to post any and all news stories from 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
------------------------------------

Michael Jackson wrongful death trial to wrap up before big crowd
At stake are millions, maybe even billions, of dollars that the King of Pop's mom and three kids say concert promoter AEG Live should pay for its alleged role in placing Dr. Conrad Murray at Michael's bedside the day he died.

BY NANCY DILLON / NEW YORK DAILY NEWS

The five-month spectacle of the Michael Jackson wrongful death trial begins its culmination Tuesday with the start of closing arguments and a move to a new stage five times the size of the courtroom where jurors started in April.
At stake are millions — possibly billions — of dollars that Katherine Jackson and the King of Pop's three kids believe concert promoter AEG Live should pay for its alleged role in placing Dr. Conrad Murray at Michael's bedside the day he died.
Michael's eldest son Prince, 16, previously testified along with the singer’s mom, Katherine, 83, and ex-wife Debbie Rowe. The pop icon's daughter Paris, 15, appeared only in snippets of deposition testimony after a suicide attempt in June.
A big crowd — possibly including Prince — is expected for final arguments, so court personnel moved the proceedings to the much larger courtroom with more than 200 seats.
A judge told the 12 jurors Monday that only nine had to reach agreement on whether AEG hired, retained or supervised Murray though a contract that was written, oral or created by intentional conduct.

AEG has denied any wrongdoing, arguing that it was the "Thriller" singer who personally hired Murray and arranged to pay him with money advanced by AEG.
If the jury ultimately finds AEG hired Murray either alone or in part, it then must decide whether the company should have known Murray presented a risk to Michael, the judge said. And if AEG was negligent in that way, the jury must decide how much blame the company should assume compared to Jackson himself, the judge said.
For example, the jury could find that AEG was 75 percent at fault while Michael was 25 percent responsible for his own fate. In that case, the verdict amount would be reduced by 25 percent.
Jurors could set figures for both economic and personal damages but not punitive damages, the judge said.
Michael overdosed on surgery-strength anesthetic propofol in June 2009 as he prepared for his "This Is It" comeback concerts with AEG.

Murray is now serving four years for recklessly providing the propofol as a sleep aid in a private bedroom without proper monitoring.
"Michael wasn't alone in what happened to him," Katherine's lawyer Kevin Boyle said outside court Monday.
He declined to give an exact figure for damages sought, but a paid expert who testified for Katherine claimed Michael could have earned more than $1 billion more had he survived.
"The children want their father back. This is not going to provide them that, but it can provide them with some closure, financial stability and allow them to try to start repairing their lives and moving on," Boyle said.
AEG lead lawyer Marvin Putnam said his client shouldn't have to pay a penny.

"This has never been anything but a shakedown. They've always just wanted to get monies out of AEG Live, and that's inappropriate," Putnam told the Daily News.
"As we all know, Dr. Conrad Murray was Michael Jackson's longtime doctor for three-plus years, and [Michael] approached AEG and said, 'Hey, I'm taking him on tour with me.' It wasn't a question,'" Putnam said.
He said if Murray had accompanied Michael to London for the concerts, AEG "certainly" would have advanced the funds to cover his services "like everything else on the tour."
"But that never happened," Putnam said. "As we know, one person paid Dr. Murray. The only evidence of any payments to Dr. Conrad Murray are payments by Michael Jackson. There's nothing by AEG Live because they never hired him."
Closing arguments are expected to conclude Thursday, with the case going to jurors after that, the lawyers said.
The high-profile trial got some extra star power when Janet Jackson attended with her mom, but testimony from Diana Ross, Quincy Jones, Spike Lee, Lisa Marie Presley and other big names on Katherine's original witness list never materialized.


Read more: http://www.nydailynews.com/entertai...rap-big-crowd-article-1.1465537#ixzz2fnDnLD5R
 
Re: Jacksons vs AEG - September 23 2013 - News Only (no discussion)

Lawyers in Michael Jackson wrongful-death suit can't mask animosity
Tensions between Marvin Putnam, who represents AEG, and Brian Panish, who was hired by the pop star's family, have flared in and out of court.

By Jeff Gottlieb
September 23, 2013, 10:00 p.m.
Brian Panish was indignant as the two men argued in the judge's chambers.

"Judge," the Michael Jackson family attorney snapped, "if I want to give him the finger, I know how to give him the finger."

"And you did it quite well twice," replied Marvin Putnam, an attorney for entertainment giant AEG.

Panish denied doing any such thing but added, "If he wants me to give him the finger, I'm happy to do that."

The trial over whether a division of one of America's most powerful entertainment conglomerates is liable in the death of a legendary pop star has been filled with testimony about Jackson's drug use, his physical and mental deterioration and his growing fears as a comeback tour approached.

But the other drama may well be the bruising war of words between the two lead attorneys, one an Ivy League product who worked in France and the other a Fresno State grad who attended school on a football scholarship.

The two lawyers have snipped, argued, shouted, rolled their eyes, bumped shoulders in the courtroom doorway and once got into such a combative argument in the hallway that the court clerk stepped into the corridor to tell them to cool it; an order they promptly ignored.

For more than four months, the lawyers have taken daily shots at each other as jurors and spectators looked on, often in amusement, a sideshow that can be as riveting as some of the testimony.

The day after the argument in the corridor, L.A. County Superior Court Judge Yvette Palazuelos called the two attorneys into her chambers again and told them they would be sanctioned if their behavior didn't improve. Putnam called Panish "despicable" and refused to shake his hand. "Where I'm from," he said, "handshakes mean something."

With closing arguments in the long-running trial expected to start Tuesday, jurors and court spectators will get a final glimpse of two attorneys who seem to share little except an open disdain for each other.

"I can't think of a case where there's been so much animosity," said Panish, a veteran of more than 100 trials. "When I say good morning to them, they don't even say good morning back."

The stakes in the wrongful-death case are high, with one witness calculating that the pop star could have earned as much as $1.5 billion had he lived. But neither attorney, nor their law firms, is a foreigner when it comes to staggering sums of money.

AEG Live is represented by O'Melveny & Myers, a 128-year-old firm with 800 attorneys in 16 offices worldwide and a client list that includes Time Warner, Citigroup and Lockheed Martin. Its lawyers have served as U.S. secretary of State, secretary of Transportation and White House counsel.

The Jackson legal team is led by Panish, Shea and Boyle, which has one office and 15 lawyers. The firm has won 20 jury verdicts of $10 million or more, and its $4.9-billion judgment against General Motors, which a judge cut to $1.2 billion, was the largest personal injury verdict ever. The firm has done well enough to have an ownership interest in two airplanes.

Both Panish and Putnam are listed in the top 100 lawyers in California by the Daily Journal, but almost everything about their firms is different, from the attorneys they hire to their clients. Even the way they dress is different.

The O'Melveny & Myers attorneys look as though they were issued uniforms in colors ranging from black to dark gray. Jessica Stebbins Bina has worn black pantsuits every day of the nearly five months of trial. Contrast that with Deborah Chang, of the Jackson team, who has questioned witnesses while wearing a lime green coat, dangling earrings and high heels.

The O'Melveny team, nearly all Ivy Leaguers, is led by Putnam, a trim, balding man who grew up in Maine, attended Phillips Exeter and Harvard before earning his law degree at Georgetown. His wife, another Harvard grad, is executive director of Robert Redford's Sundance Institute and was president of production for Miramax Films.

Panish, the son of a lawyer, is heavyset with a full head of graying black hair. He attended Catholic schools, went to Fresno State on a football scholarship and received his law degree from Southwestern Law School.

Panish was recommended to the Jackson family by Thomas A. Mesereau Jr., who defended the pop star when he was tried on child molestation charges in 2005. "I told the family Brian Panish was the best plaintiff's civil trial lawyer in L.A. and that no one else comes close," Mesereau said.

Even the way the firms are paid underscores their differences.

Putnam's firm usually charges by the hour, and its lawyers get paid whether they win or lose. O'Melveny already has earned millions from the Jackson-AEG case.

Attorneys like Panish are more entrepreneurial. Each case is an investment, which is why his firm agrees to take fewer than 1% of those that come its way. "You have to be a risk taker to be a personal injury attorney," said Jody Armour, a professor at USC's Gould School of Law. "More of a swashbuckler by personality."

They usually are paid a portion of their clients' winnings, as much as 40%, and shell out the money for experts and other costs. If they lose, not only do they not get paid, they could be out a lot of money for their expenses.

"The big-firm lawyers get paid per hour," Panish said, "and we get paid perhaps."

Though corporate lawyers like Putnam seldom take cases to trial, the courtroom is a second home to personal injury attorneys such as Panish. "Since we filed this Jackson case in 2010, Brian Panish by himself has tried more cases to verdict than the entire team of O'Melveny lawyers working on this case have tried in their careers," said Kevin Boyle, Panish's partner.

During a recent week-long break in the Jackson trial, Panish was part of the legal team that won a $17-million verdict for an 85-year-old man whose leg was amputated below the knee after he was hit by a bus.

By the time a case like Jackson vs. AEG gets to trial, said John Nockleby, director of the Civil Justice Program at Loyola Law School, the two sides have already spent months squabbling over schedules, depositions, and expert witnesses.

"When the stakes are huge, as they are in this case, there are enormous pressures on lawyers to perform, to win these battles," he said.

Over the course of the trial, Putnam has directed several pointed accusations at Panish, saying he had "defamed a number of people inside the courtroom and outside the courtroom" and was telling reporters lies.

Putnam declined to be interviewed for this story.

On the other side, Boyle said that O'Melveny has gone out of its way to make things difficult, not even offering the usual professional courtesies, such as the scheduling of depositions or making simple agreements. O'Melveny wouldn't stipulate that Jackson was dead until after the trial had begun.

Asked if O'Melveny looked down on them, Boyle replied, "They certainly act that way. It seems a very coordinated effort of smugness."

Panish remains angry that Putnam accused his firm of leaking sealed emails to The Times. "I'm not happy about our integrity being challenged." Panish said.

Panish said he's gone against O'Melveny before without any problems.

"I don't have any issue with the law firm," he said. "Mr. Putnam doesn't like us. There's not much we can do about it. Everybody in the world's not going to like me."

http://www.latimes.com/local/la-me-jackson-lawyers-20130924,0,6677894,full.story
 
Michael Jackson wrongful death trial moves closer to verdict

By Jeff Gottlieb
September 23, 2013, 1:56 p.m.
After nearly five months of testimony, much of it focused on the mental and physical health of one of the world’s most celebrated entertainers, the Michael Jackson wrongful death case moved closer to a verdict Monday as the judge read her instructions to jurors.

The Jackson family’s attorneys will give their closing arguments Tuesday, followed the next day by lawyers for concert producer and promoter AEG. On Thursday, the Jacksons’ lawyers will do their rebuttal.

Because of the expected media crush, final arguments have been moved to a much larger courtroom, one that holds more than 300 people. The courtroom where the trial played out holds about 50 people, and at one point the fire marshal forced the court to reduce the number of spectators.

Jurors are being asked to decide whether AEG, which was promoting what was to be Jackson’s 2009 comeback concerts, is responsible for the singer’s death.

Jackson’s mother and three children sued the entertainment firm, saying it negligently hired Conrad Murray, the Las Vegas doctor who administered a fatal dose of the anesthetic propofol to help Jackson sleep. At the time, Jackson was rehearsing for a 50-concert engagement in London, possibly to be followed by a worldwide tour.

AEG argues that Murray worked for Jackson and that any money it was supposed to pay the physician was actually an advance to the singer.

“Our claim is why would AEG want a contract with Dr. Murray if they didn’t want some control over him,” Jackson attorney Kevin Boyle said outside the courtroom.

AEG negotiated Murray’s $150,000 a month deal, and neither Jackson nor his representatives saw a draft of the contract. Murray signed the contract the day before Jackson died in June 2009, but his is the only signature on the contract.

Murray, who gave Jackson the anesthetic at the singer’s rented Holmby Hills mansion, was convicted of involuntary manslaughter and is serving a jail sentence. He invoked his 5th Amendment right against self-incrimination when asked to give a deposition in the wrongful death case, Boyle said, and did not testify.

Unlike a criminal case, the jury does not have to find beyond a reasonable doubt, “only that it is more likely to be true than not true,” Judge Yvette Palazuelos told jurors. Also unlike a criminal trial, the verdict does not have to be unanimous, only 9 to 3.

AEG attorney Marvin Putnam said the Jacksons have no proof to back up their case.

“This has never been anything other than a shakedown,” he said.

http://www.latimes.com/local/lanow/...wrongful-death-trial-20130923,0,1409513.story
 
Re: Jacksons vs AEG - September 23 2013 - News Only (no discussion)

Michael Jackson wrongful death trial: Jury gets instructions


LOS ANGELES (KABC) -- Things are coming to a close in the Michael Jackson wrongful death trial. The jury received instructions from the judge on Monday, and final arguments get underway on Tuesday.

Jackson's hopes for a series of comeback concerts ended before they could begin. After hearing nearly five months of testimony, a jury received its instructions about determining potential civil liability for the star's death.

"I think we put on the best evidence we could put on, and I think we put on an extremely compelling case," said Jackson attorney Kevin Boyle.

Attorneys for Katherine Jackson claim AEG Live contracted Conrad Murray, the doctor who supplied a lethal dose of propofol anesthetic to his celebrity patient.

"They absolutely haven't proven their case; they really haven't," said AEG attorney Marvin Putnam.

With the instructions, jurors now have a legal road map to lead them to a verdict. The first question could end the case. Did AEG hire Murray? If the answer is no, the case is over.

But the jury has three other choices, including an option that AEG and Jackson both hired the doctor. The Jackson attorneys say AEG had a motive to be involved.

"Our claim is that, why would AEG have needed a contract with Dr. Murray if they didn't want to have some control with Dr. Murray?" said Boyle.

AEG says its motive was to facilitate Jackson's wishes, providing payment for the doctor until the cash-strapped pop idol was making money again.

"We couldn't hire him, we couldn't fire him. That was for him to do. We were not nor should we be in the position of telling Mr. Jackson whether he could use his own doctor," said Putnam.

It's the Jackson side that has the burden of proof. If AEG played a role in hiring Murray, it must also prove four other points as well, including that AEG knew or should have known that Murray would be a negligent doctor.

The AEG defense has two points to prove: that Jackson did not use reasonable care to provide for his own well being and that his failure was a substantial factor in causing his harm.

Not specified in the instructions is the amount of damages the Jackson attorneys will ask for Jackson's loved ones -- Katherine Jackson, Prince, Paris and Blanket.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9259037
 
Michael Jackson, AEG Live Suit: Jurors Hear Legal Instructions
By LINDA DEUTSCH 09/23/13 05:45 PM ET EDT

LOS ANGELES — Jurors in a negligence lawsuit filed by Michael Jackson's mother against concert giant AEG Live LLC heard legal instructions Monday on the eve of final arguments in the 21-week civil trial.

Members of the jury listened attentively as Superior Court Judge Yvette Palazuelos said everyone has biases, but they must not be swayed by prejudice, sympathy or public opinion while deliberating. They also were told how to evaluate evidence and witnesses.

If the jury finds that damages should be assessed, the judge said they must not consider such issues as the grief endured by the Jackson family or the wealth of both sides in the bitterly fought case.

AEG Live is accused of negligently hiring the doctor who was convicted of giving the pop star an overdose of the anesthetic propofol as he tried to rest during preparations for comeback shows in London.

The instructions lasted about 30 minutes – a relatively short time because there is only one central issue in the case: Who hired Dr. Conrad Murray? Was it AEG Live or the superstar singer?

If jurors find that AEG hired the doctor, they must then decide whether the promoter was negligent in hiring and supervising Murray. The also would have to address whether AEG Live knew or should have known Murray was unfit or incompetent, and if that created risk to others.

AEG claims it did not hire Murray, who was initially chosen by Jackson to provide care in advance of the London shows. The company claims the singer's own negligence contributed to his death.

Katherine Jackson's lawyers say AEG drafted Murray's contract. However, the document was never signed by anyone other than Murray.

Murray was convicted of involuntary manslaughter for giving Jackson the overdose in his rented mansion to help him sleep. He is currently serving a prison sentence and did not testify in the civil trial because he said he would invoke Fifth Amendment protection against self-incrimination.

Outside court, after instructions were delivered, Katherine Jackson's attorney, Kevin Boyle, said no matter what the outcome, she had succeeded in finding out more about events surrounding her son's death.

She is seeking damages that could exceed $1 billion, but a specific figure has not yet been submitted to the court. That could come during closing arguments set to begin on Tuesday.

A unanimous verdict is not required. Only nine of the 12 jurors must agree.

http://www.huffingtonpost.com/2013/...urors-hear-legal-instructions-_n_3977047.html
 
Re: Jacksons vs AEG - September 23 2013 - News Only (no discussion)

Who's to blame for Michael Jackson's death?
By Alan Duke, CNN
September 24, 2013 -- Updated 1312 GMT (2112 HKT)
Watch this video
Closing arguments to begin in Michael Jackson trial
STORY HIGHLIGHTS
Michael Jackson died in a desperate search for sleep
He told a nurse that propofol was the only cure for his insomnia
A jury must decide if AEG Live contributed to his death by hiring Dr. Conrad Murray
Jurors could conclude that Jackson shares blame with the concert promoter
Los Angeles (CNN) -- Michael Jackson suddenly awoke at 4:30 a.m. on April 19, 2009, stood on his bed and exclaimed "I told you I cannot sleep all night!"
Jackson's frustration, just as rehearsals for his comeback concerts were gearing up, marked the beginning of the end for the pop icon, a deterioration documented by e-mails, photographs and testimony presented in the wrongful death trial of concert promoter AEG Live.
Nurse Cherilyn Lee, who had been giving Jackson IV infusions of a cocktail of vitamins for two months to help him sleep, sat at his bedside. "It kind of scared me," Lee said. "It really startled me when he stared at me with his big brown eyes."
Jackson asked Lee to help him find an anesthesiologist to infuse him with the surgical anesthetic propofol because he was convinced it was the only cure for his insomnia, she testified.
Michael Jackson doc: 'He wasn't faking' Paris Jackson's deposition Prince Jackson testifies against AEG Compare Michael Jackson in 2001 to 2009
Jackson had made the same request of Dr. Allan Metzger when the doctor, who had treated him for 26 years, visited his Los Angeles home a day earlier, according to Metzger's testimony.
Metzger and Lee testified that they refused, warning Jackson that it was unsafe to use the IV anesthetic outside of a hospital or clinic.
Jackson told Lee that doctors had assured him it was safe as long as he was properly monitored. She testified that she told Jackson that any doctor who would give him propofol at home didn't care about him and was just doing it for the money.
Jackson died 65 days later from an overdose of propofol, a drug that Dr. Conrad Murray told investigators he infused into Jackson almost every night for two months to put him to sleep.
Murray is a month away from being freed from jail after serving two years for an involuntary manslaughter conviction in Jackson's death.
Closing arguments begin Tuesday in the five-month-long trial to decide if AEG Live shares responsibility in Jackson's death for the negligent hiring, retention or supervision of Murray.
The 83 days of testimony that ended Friday included startling revelations about the pop icon's fatal search for sleep.
Burden of proof
Los Angeles Superior Court Judge Yvette Palazuelos instructed jurors Monday that Jackson's mother and three children have the burden of proving that their case is "more likely to be true than not true." Unlike in a criminal case, they do not have to prove it "beyond a reasonable doubt," she said. A verdict requires just nine of the 12 jurors to agree -- not a unanimous decision.
The Jacksons' lawsuit contends AEG Live is liable for damages in the singer's death because its executives hired Murray to serve as Jackson's personal physician for his "This Is It" tour and that they were negligent in hiring, retaining or supervising him.
Jurors will have a verdict form with 16 questions to answer during their deliberations. A "no" answer to any of the first five would end their deliberations and the trial immediately. Beyond that, they would decide what damages, if any, AEG Live would pay the Jacksons.
Question No. 1
Did AEG Live hire Murray?
Lawyers for the concert promoter argue that it was Jackson who chose and hired the doctor. Murray had treated Jackson and his children for minor illnesses for about three years while they were in Las Vegas. AEG Live Co-CEO Paul Gongaware began negotiations to hire Murray only at Jackson's insistence, they say.
A final contract between Murray and AEG Live -- with a third-party signature line for Jackson -- listed Murray's starting date as May 1, 2009. But it was not sent to Murray until just days before Jackson's death. Murray signed and returned it, but no AEG Live executive signed it after Jackson's death the next day. Neither Jackson, nor any of his representatives, ever saw the contract, according to testimony.
Jurors will have to decide if AEG Live's negotiations and actions, documented by several e-mails, constituted Murray's hiring in the absence of a signed contract.
Paul Gongaware, who was the top producer of Jackson's tour, wrote in an e-mail on May 6, 2009, that it was a "done deal" that Murray was being hired for $150,000 a month to serve as Jackson's full-time physician.
Murray sent an e-mail to AEG Live on May 15, 2009, saying he was "already fully engaged" in treating Jackson.
Jackson lawyers consider another Gongaware e-mail sent 11 days before Jackson's death to be a smoking gun to show that AEG Live considered Murray to be under their control, not Jackson's. "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him," the AEG Live co-CEO wrote.
Question No. 2
Was Murray unfit or incompetent to perform the work for which he was hired?
Murray practiced as an interventional cardiologist, which mostly involved placing catheters into the arteries of heart disease patients. Jackson had no known heart issues, which the coroner confirmed in his autopsy report. Jackson's chief medical problem was his insomnia, for which Murray had no special training.
Murray treated Jackson's insomnia with nightly infusions of propofol, a drug that is supposed to be administered only by an anesthesiologist or a nurse anesthetist under the supervision of a doctor. It was an approach to sleep medicine that is universally condemned after the singer's overdose death.
Murray's competence is also questioned by his decision not to use proper monitoring equipment that is standard when putting a patient into a drug-induced coma.
Jackson lawyers say that Murray's dire financial condition, combined with the high salary offered by AEG Live, added to his incompetence. He decided to breach his ethical responsibility to do no harm to his patient because he feared losing the job that offered to deliver him from a mountain of debt, they argue.
AEG Live says that Murray was never sued for malpractice and that he was licensed to practice medicine in four states.
Question No. 3
Did AEG Live know or should it have known that Murray was unfit or incompetent and that this unfitness or incompetence created a particular risk to others?
The Jacksons accuse AEG Live of failing to check Murray's background, which would have revealed he was deep in debt and desperately dependent on the $150,000 a month they agreed to pay him.
Two Los Angeles police detectives testified that they concluded Murray's financial woes were at the root of his motive in the involuntary manslaughter of Jackson. His Las Vegas home was facing foreclosure, he was $1 million in debt and he was behind on support payments for several children, they said. Their suspicions were raised when they read his contract, which said he could lose the lucrative job if the tour was postponed or canceled, they said.
Jackson lawyers argue that AEG Live should have ordered a credit check for Murray because of the sensitive job he was being given. AEG Live lawyers say their executives could not have anticipated that his financial circumstances were relevant to his competency as a doctor.
A music industry veteran hired as an expert witness by Jackson lawyers testified that AEG Live's agreement with Murray set up an "egregious" conflict of interest in which the physician was beholden to the company and himself before Jackson's interests.
It was "not unlike the team doctor for a football team, where the quarterback is injured and the doctor comes to the medical conclusion that the quarterback should be taken out of the game for a period of weeks, but the team doesn't want him out," said David Berman, who once headed Capitol Records. "There is an inherent conflict."
It was the doctor's responsibility, not the concert promoter's, to avoid a medical conflict of interest, AEG Live lawyers argue.
They say their executives had no way of knowing about the dangerous propofol treatments Murray was giving Jackson in the privacy of his bedroom. They presented testimony from a parade of former Jackson doctors and Jackson's youngest brother, Randy, in an effort to show that the pop icon was a drug addict who kept his use of prescription medicines private.
But two doctors called by Jackson lawyers testified they had discussed Jackson's tendency to abuse painkillers, while on tour, with Paul Gongaware when he worked as Jackson's tour manager in the 1990s.
Dr. Metzger testified that he had discussed Jackson's problem with insomnia to Gongaware.
Jackson's former wife Debbie Rowe testified that Metzger arranged for anesthesiologists in Germany to treat Jackson's insomnia between concerts in Munich with propofol in a hotel room in 1997. Gongaware was the tour manager then.
Jurors will have to decide if that is enough evidence to prove that it's more likely true than not true that AEG Live executives should have known that Murray might be using dangerous treatments for Jackson's insomnia as he prepared for his 2009 tour.
Question No. 4
Did Murray's unfitness or incompetence harm Michael Jackson and the Jackson plaintiffs?
If jurors get this far down the verdict form, it means they've answered "yes" to the previous three questions. Since they would have already decided Murray was unfit or incompetent, this question may not take much of their time.
Jackson died of a propofol overdose while under Murray's care, according to the autopsy report. It was not disputed at the trial. Evidence that led to Murray's involuntary manslaughter conviction two years ago was presented to this civil jury.
AEG Live challenged the estimates of economic harm cause by Jackson's death, but jurors saw plenty of evidence of the harm that the plaintiffs -- his mother and three children -- suffered by the loss of a son and a father.
Question No. 5
Was AEG Live's negligence in hiring, supervising or retaining Murray a substantial factor in causing Michael Jackson and the Jackson plaintiffs' harm?
AEG Live's negligence allegedly included executives ignoring a series of red flags that Jackson lawyers say should have alerted them that Murray was a danger to Jackson.
Murray was kept on the job despite warning signs that Jackson's health had deteriorated by the middle of June to the point that he could not remember song lyrics or perform trademark dance moves; he was hearing voices and talking to himself; and he was suffering chills during summertime rehearsals, Jackson lawyers say.
Assistant show director Alif Sankey testified that she screamed at show director Kenny Ortega in a phone call after a June 19 rehearsal, begging that he get help for Jackson. "I kept saying that 'Michael is dying, he's dying, he's leaving us, he needs to be put in a hospital,' " Sankey said. " 'Please do something. Please, please.' I kept saying that. I asked him why no one had seen what I had seen. He said he didn't know."
Jackson died a few days later.
Karen Faye, the pop singer's makeup artist, said Jackson seemed "frightened" and was talking to himself, repeating "the same thing over and over again" at that rehearsal.
Tour production manager John "Bugzee" Hougdahl sent an e-mail to AEG Live CEO Randy Phillips the next morning. "I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now," Hougdahl wrote. "He was a basket case and Kenny (Ortega) was concerned he would embarrass himself on stage, or worse yet -- get hurt. The company is rehearsing right now, but the DOUBT is pervasive."
Ortega sounded a warning the same day in an e-mail to Phillips describing "strong signs of paranoia, anxiety and obsessive-like behavior" from Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."
Ortega testified that with just a dozen days left for rehearsals before the touring company moved to London for the opening, he "felt that we should stop" the production on June 19, but he was "torn because I did not want to break Michael's heart."
Instead of stopping the rehearsals, getting a another doctor to check Jackson or replace Murray, Phillips met with Murray and put him in charge of making sure Jackson missed no more rehearsals.
Phillips sent an e-mail to Ortega after the meeting saying he had confidence in 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."
AEG Live says that Jackson appeared much better on June 23 and 24, the rehearsals that are seen in the "This Is It" documentary. Jackson died on the morning of June 25.
Questions No. 6-13
If jurors get to question six, it means they've decided AEG Live is liable in Jackson's death. The next eight questions would decide a dollar figure for the economic and noneconomic damages suffered by his mother and children.
California law allows Jackson's heirs to sue for the lost earnings capacity -- the amount of money he could reasonably be expected to earn had he not died on June 25, 2009. Since Jackson was arguably one of the most successful entertainers in history, the damage amount could be enormous.
Contrary to what many media outlets have reported, the Jacksons never asked for $40 billion. In fact, by law the complaint does not state an amount. It is something that the lawyers may argue in court based on testimony and evidence presented in the trial.
Even though AEG Live sold out Jackson's 50 London shows in record time and their executives had placed a big bet on Jackson's earning power, their lawyers worked to convince jurors that Jackson was a has-been with limited future earning potential. One of their experts testified that he believed that Jackson might not have earned another dime in his career.
Eric Briggs based his conclusion on testimony by a Jackson sleep expert that the singer was near death from lack of sleep, even if he had not overdosed on propofol. Harvard sleep expert Dr. Charles Czeisler testified he believed that Murray's infusions of propofol robbed Jackson of essential REM sleep that would have eventually proved fatal unless stopped. The drug interrupts crucial REM sleep cycles, depriving the brain of real rest and repair, the expert said.
Jackson lawyers scoffed at Briggs' use of that theory, arguing that AEG Live would still be liable for that eventual death.
Briggs also questioned if Jackson would have been able to complete another world tour because of his health and poor demand for tickets. He testified that "significantly negative headlines, drug abuse and other issues" had ruined Jackson's ability to earn endorsement and sponsorship money.
A Jackson expert concluded that he was reasonably certain the pop icon would have earned $1.5 billion touring the world over the next several years had he not died. He based his estimates on AEG Live's own projections developed when its executives were planning to take Jackson on tour in the year before his death.
Jackson lawyers might suggest to jurors that they add additional damages based on what they think the entertainer might have earned if he had begun making films after completing his world tour. His son Prince and nephew Taj Jackson both testified about his plans to conquer the movie world next.
Jurors would also place a dollar value on the noneconomic damages suffered by Jackson's mother and three children. The jury did hear during the trial that daughter Paris Jackson, 15, tried to kill herself in June. It is not clear if Jackson lawyer Brian Panish will point to Paris' emotional problems, which the lawyers have blamed on the loss of her father, when he argues for noneconomic damages.
Questions No. 14-16
The amount of damages calculated by the jury could be significantly reduced when they reach the last three questions on their verdict form. These ask them to decide how much, if any, Michael Jackson's own negligence was a factor in his death.
Panish has stated publicly that Jackson shares some of the liability for his own demise, but he has not suggested a percentage. Jurors will be asked to assign a percentage of blame to Jackson and to AEG Live. The concert promoter would then be ordered to pay the percentage of the damages that equals its share of blame as determined by the jury.
Deliberations are expected to begin Thursday afternoon.
 
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