Aired May 30, 2013
MORGAN: Welcome back to PIERS MORGAN LIVE.
Searching for the smoking gun in the Jackson family lawsuit against concert promoter AEG Live. Today jurors were shown e-mails from company executives worried about Michael Jackson's health as he prepared for a comeback tour just before his death.
That's on the docket of "Law & Disorder" with my legal eagles, attorneys Tom Mesereau and Gloria Allred. I should point out that Tom Mesereau is on the plaintiff's witness list in the AEG trial.
Welcome back to both of you.
Tom, let me start with you. As you obviously have got great knowledge of this case. Key day today in many ways because Paul Gongaware, the CEO of AEG, gave his deposition, I think he's still giving it, and basically refused to answer any real questions of significance. What was going on?
THOMAS A. MESEREAU JR., CRIMINAL DEFENSE LAWYER: Well, my understanding is that Brian Panitch, the lawyer for Katherine Jackson and Michael's children, who incidentally I recommended to Katherine as the best lawyer in the country to handle this case, he's been going over e-mails with Mr. Gongaware and I'm told that Mr. Gongaware is professing not to remember exactly why he did the mail or what he meant, answering very often I don't recall, I don't recall, I don't recall.
And the information I'm getting, because I'm not allowed in the courtroom because I'm a witness, is that he's not looking very truthful and looking very evasive. And if that's true, it's going to really hurt the defendants as they try and prove to the jury that they never assumed responsibility for Michael Jackson's welfare or his doctor.
MORGAN: I mean, Gloria, this is the key part of the case, really, because if it can be proven based on these pretty damning e-mails that AEG not only were aware of what was going on with Michael Jackson but were paying vast amounts of money, $150,000 to Conrad Murray, the doctor, who was there when he died, if that can be proven, that is the case done and dusted.
Is it any defense to say you don't recall sending an e-mail when there's a copy of the e-mail sitting in court?
GLORIA ALLRED, ATTORNEY: Well, it's a problem, Piers, because when a witness continues to say, says over and over, I don't recall, as apparently this witness has, then it starts to give the impression of untruthfulness to the jury and, in fact, it's reported that the jury began to laugh when this witness continued to say, I don't recall, and when the jury begins to laugh at the witness, it should be a cause for concern by the defense that perhaps the jury's thinking this witness is just not credible.
http://transcripts.cnn.com/TRANSCRIPTS/1305/30/pmt.05.html