jamba;3836741 said:
Can someone explain why the judge did not allow Murray's police statement regarding his employment to be admitted into the court? How can she argue that it is a something for the jury to decide--then go on to allow Gongaware, Phillips, Trell, Wooley, and God knows who else to talk about it, but not Murray--the guy who was hired in the first place? This makes no sense to me.
How can the jury make a decision when key evidence on the hiring issue is withheld from them???? Murray understood who hired him and how he was going to be paid. So the jury is going to decide what Murray's situation was, but Murray's own understanding of his situation is not allowed?
It's like everyone else is going to talk about what I know, but not me. Who knows better than I what I know? Oh, we are going to have a big, expensive discussion about what I know and then I will be told what I know.
As was said before, the judge said it was hearsay to her. She wants Murray on the stand to confirm that, or not.
jamba;3836779 said:
Well, I am not on the jury of course--but I am VERY ANNOYED! This whole trial is a joke and I agree with Serendipity it's a waste of time (and $$). I mean it seems so ridiculous to be pouring over emails looking for the meaning of isolated words and phrases and yet the contract itself should be and is the central most important document--what someone said in an email does not have the same weight as a contract that was worked on and revised and discussed and finally presented!!! And the contract is totally clear that MJ requested CM and would pay for him. I have minimal respect for all this verbiage trying to re-write a written contract.
And when Karen of Arc is the central witness that will potentially decide this case instead of the facts--God help us!
The trial is about negligent hiring, supervision, and retaining.
There weres previous questions in this thread 2 days ago to explain the claim.
To sum it up roughly with simple words, or at least what I understood:
Hiring is clear, Murray was hired as an independent contractor. That is not an issue.
The jury will have to decide if it was AEG, Michael, or maybe both who hired Murray.
If they decide AEG hired Murray, or co hire Murray, they will have to decide about supervision and retaining.
We know that supervion can not be about "medical" stuff (ie choice of treatment, manner) because Murray was a doctor at the time, AEG can't be exepcted to supervise this kind of things.
That's why you have all this stuff (e mails, testimonies) , coming from both parties, and the judge allows that. I wouldn't question the competence of the judge and the lawyers.
Whether what both parties bring up is convincing or not is actually a matter of opinion, but most of it is relevant.
Murray's contract will be brought up. So far the only one that has been brought up was not the latest one.
ivy;3836769 said:
I've been thinking about Jacksons lawyer for a while and discussing with friends. Honestly some things he does seems to be interesting and if I was a jury would annoy me.
For example
He showed the letter sent to Estate about the costs but omitted to mention the footnote that said Murray's contract wasn't signed / executed - hence no payment for Murray was requested from MJ Estate. He also omitted the follow up cost documents did not list Murray as a cost.
He showed emails sent to Gongaware but omitted to say his personal email was closed and Gongaware never got / saw one series of "trouble at the front" emails.
He acted like Ortega and Lou Ferrigno worked / paid with no written contract but omitted that they both had signed written contracts and at least Ortega's was signed in April / when MJ was alive. (apparently there's no date on Ferrigno contract).
Witnesses might not remember everything (such as Trell not remembering Ortega's executed written contract) but lawyers should know it all as they prepped for the case. So if I was a jury and Panish argued for 20-30 minutes that Ortega didn't have a contract but then AEG lawyers show "here's the contract signed in April" I would get annoyed .
Both sides are equally annoying to me. When Gongaware testified, Putnam spent a lot of time asking questions that PG had already answered clearly.
Tygger;3836833 said:
As far as the doctor receiving payment, AEG again, protected themselves, which is not the same as the right thing. I am suspicious that they were aware of something, what I am unsure of, which made them hesitant to pay the doctor. Gongaware lied today that payments were for work in London when the doctor’s contract was retroactive to May 2009. The civil trial would be far less complicated if AEG paid the doctor. .
.
Yes, that makes a lot of sense.
Especially when it is clear AEG can not be held responsible for Murray's "treatment" , they could put the blame on Murray.
LastTear;3836910 said:
Tygger.
Exactly, so Michael was quite within his rights to refuse the extra shows, even after they were announced with no threat of being sued.
Does anyone know the schedule that Michael agreed to (the one that Gongaware testified about the colours), was that the 31 date schedule or the 50.
Yes I have also heard conflicting reports about what Michael said, I thought the 'I went to bed agreeing to 10 shows and woke to 50' came from a fan, I know Joe repeated it but I thought it originated from a fan. I may be wrong.
No, we don't, unfortunately, that would be important to know. Also, reading PG's testimony from another website, the insurance broker also thought the schedule was an issue (back to back shows).
About Michael complaining about the 19 extra shows, I read it from fans who said they were there. There was an issue at the time, some said they had seen the video on youtube showing Michael complaining, and when they tried to find that video again, after Michael's death it was not there anymore.
There was also an issue about interpreting what Michael said : was he complaing, or was he actually happy to see that he was still so popular.
The issue wuould be to know WHEN Michael was informed of those 19 extra shows, if they were already sold, it was problematic for him to cancel.
About AEG, if they have no signature for those 19 shows, well it is problematic for them, in the context of the trial.
Bubs;3836991 said:
I haven't heard that story. I thought that MJ told to some fans that he went to bed knowing 10 concert sold and woke up to hear 50 sold. I think MJ was either fooling with fans as he knew at least 31 dates, or something else?
I still ask, why MJ didn't go and tell AEG he is not going to do those extra 19 shows? As those dates weren't in contract, he wasn't obligated to do them? Maybe he didn't mind doing them whether they were written in the contract or not.
It is not like MJ to be quiet and let someone else to tell him what to do.
Somebody already posted links to old articles about MJ cancelling shows which he agreed to do with them, and despite him getting sued because of that.
So I cannot understand why he didn't say anything to AEG that he doesn't want to do them, it is so not like Michael. They couldn't sue him or anything because it wasn't in contract.
93 is a totally diffeent situation : he had to cancel for health reasons, it was not about what he wanted to do, or Michael being lazy, he had no choice.
Petrarose;3836977 said:
About the weaning him off ^^ one of the doctors who was discussing the case at the time, said that there is no "weaning off" procedure. You simply take the person OFF the prof. So Muarry's story about weaning him off and giving him less makes no sense because all he had to do was NOT give the drug the next night. It was that simple. that is why we cannot believe a lot of what Muarry said. Maybe he thought prof was like morphine & you had to give less and less dosages to wean the person off. Who knows.
Maybe a cardiologist doesn't know everything about propofol, but any doctor knows about benzos and pain medication, and Murray was trained in mild sedation (with certain benzos).
He knew what he was doing with benzos.
If he was weaning him off anything, it was from the benzos he gave him.
bobmoo79;3836999 said:
We already know the doctor was either completely incompetent or just didn't care that he was doing the wrong thing - he performed CPR on a bed FFS
The CPR thing is one mistake where, in the heat of the moment, you might do something wrong and forget your training, but trying to wean somebody off propofol is less...believable, if we are to consider only the physiological aspects of stopping treatment. It is so easy to research things on the internet these days. He could have found out for himself that weaning is not necessary when you're dealing with propofol. HOWEVER, the psychological aspect adds a new dimension. IF MJ wanted propofol, and perhaps thought that he needed propofol to sleep, then it would be necessary to try and slowly break that mental dependency through weaning, or to fool MJ into thinking he was getting propofol when he wasn't. It could be for this reason that Murray was trying to wean MJ off propfol - to break MJ's mental 'addication' to the drug.
CPR was a show for Alvarez, MJ was already gone, and he knew it. There was an ambu bag in the room, and flumazenil was used on june 25th, they found some in the tube. I think Murray tried to ressucitate him, realised it was too late and panicked.
Last Tear made a good remark last night : Murray claimed MJ was having withdrawal from demerol, which made sense with all those weird symptoms. Shafer confirmed it was a possibility. But we know Michael did not have enough demerol to create that. Murray knew what it was (benzos) and said demerol to put the blame on Klein.
He could have told that to AEG, or tell both AEG and Michael it was anxiety.
qbee;3837019 said:
You can't fool someone that they are getting propofol. Especially MJ who is very familiar with the drug. It instantly knocks you out cold. Remember it's used for surgical procedures. You also don't build up a resistance or tolerance to it. It knocks you out every time. Murray was trying to use other drugs to help MJ sleep but MJ had such a tolerance they would not work. MJ knew that and thats why he wanted and prefered propofol. He knew it would work every time. MJ was dependent on it to sleep while trying to prepare for his concerts. But I think Dr Murray contributed to that. Once it became a routine, every night thing, Dr Murray should have said no and stopped administering it. I agree trying to ween MJ off propofol as he stated was ridiculous and not the appropriate treatment. It was evident MJ needed help for his insomnia. He was desperate , but Dr Murray knew
NOTHING in how to treat it properly. He was more worried about losing his position and $$$$$$$ to do what was ethical and right for Michael.
Sorry this is off topic .. I just wanted reply to the above off topic.
.
Not really off topic, as it relates to Michael's state of mind + declining health
.
I don't think it was clear cut, it doesn't have to be either propofol or benzos. Murray kept buying both of them.
It could have been a little propofol at the beginning (with the smaller vials)+ benzos after propofol dissipated, and then later gradually change the proportions as Michael was becoming tolerant to benzos.
You don't OD as easily on benzos as with propofol, that made Murray's job easier.
As for tolerance, it was shown that Michael had a tolerance to pain medication, but it was not said about benzos. We have no idea of his level of tolerance, or even if he had any, before Murray's "treatment".