Bubs;3861574 said:
I know this was directed at bouee, but really have reply to this. Will you have a look at plaintiffs opening statement?
Frankly Bubs, I'm not a supporter of the Jacksons at all, but what AEG is saying in their opening statement, verdict forms, and their line of questionning is far worse to Michael than what the Jacksons are saying. And given how things are turning out, I don't think it's necessary for them to do that.
It's the same as using Paris video during Kai Chase's testimony. They did not use it when it was relevant (when PG testified about firing Grace), but they use it to impeach an irrelevant statement by Kai Chase.
We'll see what the jury thinks of that. Whatever they might think it won't change what I think of AEG now. They are unneccessarily aggressive and using low arguments. They have a much simpler and easier defense IMO, so if they resort to that, they feel they have a problem. That's my opinion anyway.
And needless to say that I think AEG does have a problem, and Phillips does too. He had all the information one could possibly have to understand Murray was incompetent - from Ortega, Houghdahl, Branca, at least. He chose to believe Murray, in spite of what happened on june 20th. He heard Murray say Michael was fine, he heard him being agressive to Ortega, and he was there when it seems , according to Ortega, that there was a discrepency between what Murray said & what really happened on june 19th. What else did he need ?
I can give him the benefit of doubt because he was under a lot of stress at the time, but that doesn't make him not liable, and I can not accept his testimony and his attitude on the stand. Again, whatever the jury will decide, that will not change my mind about this.
Again, and that's not specifically directed to you, not supporting the Jacksons, does not mean supporting AEG 150% and justifying everything they do.
Tygger;3864758 said:
Bubs, many of Bouee’s posts discussed Phillips/Gongaware not remembering if the doctor was there to treat Michael’s sleep issues at length.
ivy;3865091
I felt it was Bouee's assumption that they knew or should have known sleep issues. I certainly don't remember any testimony that said "[B said:
treat[/B] MJ's sleep issues".
Tygger;3865440 said:
Yes, very interesting indeed.
I've quoted Phillips testimony 2 or 3 times in this thread , Ill quote it again
Phillips said he remembers the meeting on June 20th lasted at least an hour. Dr. Murray and Phillips were sitting in one couch, MJ was in a bench and Ortega on another couch. In his deposition, Phillips said Ortega talked about MJ's physical and mental status. On the stand today, Phillips explained Ortega did very little talking in the meeting. "He addressed Michael coming to rehearsals." "I do not believe he talked about MJ's physical condition and mental state. Dr. Murray did most of the talking," Phillips testified.
...........
Without getting into details, Phillips said Ortega and Murray "were a little combative" at the meeting. Phillips said Murray reassured everyone that Jackson's health was fine. He said Jackson also assured them nothing was wrong with him. He said Murray told the group that Jackson may have had the flu, or some similar ailment. He said Jackson's health was discussed. Phillips said he couldn't recall whether Jackson's sleep issues were discussed. A portion of Randy Phillips' deposition was played in which he said sleep issues were discussed at the June 20, 2009 meeting.(AP)
.........
Phillips said lack of sleep was discussed in the June 20th meeting, but wasn't the main focus. Phillips said the reason of the meeting was to find out what happened in the night before, what was the issue and also MJ missing rehearsals.
Is this an assumption ?
I said it was clear that at least Phillips knew about sleep issues.
About Gongaware , it's not as clear, but his answers and what AEG did after those meetings IS suspicious. Call that an assumption, deduction, but their attitude about that doesn't make sense.
- PG said in his depo he could not remember if sleep issues were discussed in one of the meetings, then on the stand he remembered they were NOT discussed.
-1st meeting, early june, Murray supposedly agreed to take care of nutrition (according to either PG or RP's testimony or both), then on june 15th and after the second meeting, and then again after the june 20th meeting, they start looking for a nutritionnist / food person. So my question still stands why when you have a full time doctor who can do that ? Until someone gives me a plausible answer- which has not happened yet (even PG could not explain it....) I can only see 2 options : they knew Murray was working at night and / or they knew - and accepted he was incopmetent.
-another question that still has not been answered : Why is it so difficult for Phillips and Gongaware to admit that those issues were discussed ? I don't see any problem with that. They could say that they knew Murray was dealing with sleep issues, Michael wanted Murray, they trusted Murray, and could not have imagined what the extent of the problem was and what Murry was doing.
Until someone gives me a credible answer that I can't think of, I think the answer is simple. They saw Michael's health declining under his care, they- at least Phillips- pressured Murray, in spite of all those warning signs, and used him to get Michael to rehearsals. They were aware of the possibility of inappropriate drug use, as per Branca's email, Finkelstein's depo, and their own pathetic Klein defense . If the dates of the visits to Klein were not enough, now we know that the highest dose of demerol was given in april, and it was significantly higher than the doses of may and june- that makes me wonder when they actually saw Michael being out of it, if it was only in april, or also in may and june, when the visits were less frequent.
-Now we also know that Phillips came unnannouced to Carolwood, 'in the evenings closer to the night, when Murray came around" and he met Murray at Carolwood.
AEG could not have sued for wrongful death (which is by definition limited to the families of the person as you can see from the law I posted) , they could have sued for gross negligence of an employee during the course of work given that they have damages (lost income from TII) and they are willing to accept an employment relationship between them and Murray. (no they did not need to wait for this trial end to prove employee/ independent contractor, they could have filed that lawsuit if they were willing to accept / state Murray is an employee with a contract) It's not really rocket science to understand that there are a lot of different lawsuit types and the possible lawsuits for AEG is not called "wrongful death" but employer suing employer for
gross negligence,
breach of contract and
recovery of damages payable to third party.
edited to add: I'll clarify
gross negligence
(not a perfect example) Company hires Jane. Jane at work acts in a gross negligence and burns down the plant. Company sues Jane for gross negligence during the course of work to recover the damages (cos of building).
Murray example : AEG hires Murray to provide first class services to Michael. Michael dies due to Murray's gross negligence. TII gets cancelled. AEG sues Murray for the damages (loss of TII income).
As you can see this requires AEG stating Murray is an employee and was grossly negligent during course of work. Given that they state he's not their employee such lawsuit is highly unlikely. Plus if there's no damages, it becomes impossible.
breach of contract
very similar to the above.claims a breach of the contract. As you can see this requires acknowledging a valid contract and given that AEG is stating the contract wasn't signed and therefore not valid such lawsuit is highly unlikely. Plus as mentioned above if there's no damages (whether AEG recovered the costs and even made profit), it becomes impossible.
---------------------------------
everything aside , in one breath you say AEG made profit from Michael's death and in other one you claim AEG could have sued Murray for damages? It doesn't make the slightest sense.
-----------------------------------------
QUOTE]
ivy;3864816 said:
AEG did not reject restitution , they could not even ask for it because they aren't beneficiary or next of kin for Michael.
I guess what Tygger was trying to say was "why did not AEG sue Murray for wrongful death?" which if successful would have allowed AEG to collect money from Murray and therefore make up for any money they might be liable to Jacksons.
(Note: the lawsuits were mentioned during motion to limine. AEG was talking about Jacksons not suing Murray but suing AEG, Estate not being a party and so on. It was at that time Judge commented about AEG not suing Murray. So it was a possible civil lawsuit, not restitution).
Why they did not do it is self explanatory. Well first of all such lawsuit would require them to claim some sort of employment relationship - which AEG have been refusing by saying "not signed not hired". Finally everyone knows their chances to collect something Murray was and is slim. So they have almost no motive to go through with such lawsuit - & now the statue of limitations has passed.
Everybody knows Murray's chance of paying any restitution or money judgment is slim but a judgment against him by Jacksons could have been used as a tool to unmotivate Murray to try to profit from Michael's death.
Re bolded : what did the judge say about that ?
While I agree with what you say re restitution, I think you failed to understand Tygger's question, which is actually interesting.
So i'll give an example to say it in other words :
Company ABC is a 5 star hotel. Mr Soandso is a very important client. Mr Soandso wants his room refurbished by Mr Jerk, because Mr Jerk knows exactly what mr Soandso likes, he has refurbished Mr Soandso's home before. Hotel ABC accepts, hires mr Jerk as an indep contractor (NOT employee). Unfortunaletaly while painting Mr Soandso's room, Mr Jerk starts a fire , that kills Mr Soandso and burns down a part of the hotel.
Mr Soandso's family does NOT sue hotel ABC.
Can't Hotel ABC sue mr Jerk for the damages (ie : burning down a part of the hotel) ? It can apply to the situation since AEG suffered losses from TII being cancelled. What is the insurance (so the Estate since they paid and ar dealing with Lloyds now) influence on the situation, does Murray's conviction influence the situation as well ?
ivy;3865095 said:
Mod note: Links or summaries from/ to other Michael Jackson websites about testimony / transcripts aren't allowed.
ivy;3854980 said:
Mot note: Please do not copy tweets, testimony, summary etc from other fans or fan sites.
you can only do very brief summaries in your own words.
I'm not sure I understand : can we do brief summaries of what we see on other websites, or not anymore ?
http://www.mjjcommunity.com/forum/t...tory-Summary?p=3802439&viewfull=1#post3802439
This is from the trial summary thread. Whose testimony is it ?
Anthony McCartney ‏@mccartneyAP 7h
Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray.
Expand
Anthony McCartney ‏@mccartneyAP 7h
After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes.
At least some common sense. That reminds me that Travis also questionned Murray. Why couldn't the ones in charge, who had more info than Travis & Ortega ?
passy001;3866641 said:
Trying to defend Murray for profiting off MJ to pay off his debts. It does not matter whether the money was paid directly or indirectly to his lawyer, he still benefits from MJ, the real victim and that is the bottom line. That money came from his direct EXPLOITATION of MJ. that is a FACT no matter how hard you want to spin this.
.
What I understood from Tygger's post is that restitution would have been useless, because the money would not go directly to him. And I don't agree with this, I share your point of view and think that there is no excuse for Katherine for dropping the restitution. The kids could have used it, at least it gave them a possibility, now they are left with nothing.