Jacksons vs AEG - Closing Statements / Jury Deliberations - News Only (no discussion)

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Jacksons vs AEG - September 24/25/26 2013 - News Only (no discussion)

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Michael Jackson's family wants $85 million per child from AEG Live
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AEG-Jackson Trial
Brian Panish, the attorney for the Michael Jackson's family, delivers his closing argument. (Pool / Getty Images / September 23, 2013)
By Jeff Gottlieb
September 24, 2013, 7:09 p.m.
An attorney for Michael Jackson’s family told jurors Tuesday that concert promoter AEG Live hired the doctor who administered the fatal dose of a powerful anesthetic and that the company now should pay for the singer’s death.

Brian Panish told jurors that AEG should have to pay non-economic or personal damages of $85 million to each of Jackson’s three children and $35 million to his mother.

This marked the first time in the nearly five-month-long trial that the Jacksons have placed a number on damages they are seeking from the entertainment company.

PHOTOS: Michael Jackson | 1958-2009

Those figures could be dwarfed by the economic damages, however. Panish told jurors they would have to sort that out, but he showed them a slide that reminded the panel that an expert witness testified the singer would have earned $1.2 billion to $1.6 billion if he had lived, from new music, tours, endorsements and a Las Vegas show.

“We’re not looking for sympathy,” Panish said. “We’re looking for justice, full and complete.”

Panish, speaking in a much more low-key manner than when he took testimony, quoted Abraham Lincoln and the Book of Exodus during his day-long closing argument.

He also went straight at the question of Jackson’s culpability in his death. “It’s about shared responsibility,” he said. “Michael probably has some fault.... I’m not going to deny that Michael used prescription drugs and that people told him it’s risky to use propofol.”

But he said that unless Dr. Conrad Murray, who gave Jackson the anesthetic for 60 days to fight insomina, had been hired by AEG, Jackson would still be alive.

“No Murray, no AEG, no propofol, Michael’s still here,” he said.

The Jacksons have sued AEG over Jackson's death, saying the entertainment firm negligently hired and supervised Murray. AEG maintains that the doctor worked for Jackson, and any money the firm was supposed to pay the doctor was an advance to the singer.

AEG attorneys are set to make closing arguments Wednesday, and the case could be in the jury’s hands by the end of the week.
 
Lawyer for Michael Jackson's family: AEG must pay for pop star's death
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Jackson trial
Brian Panish, attorney for Michael Jackson's family, delivers his closing argument to jurors in a packed courtroom in downtown Los Angeles.

By Jeff Gottlieb
September 24, 2013, 1:29 p.m.
Quoting from Abraham Lincoln, the Book of Exodus and internal emails from AEG Live, an attorney for Michael Jackson's family told jurors Tuesday that the concert promoter hired the doctor who gave Jackson a fatal dose of a powerful anesthetic and now should have to pay for the pop star’s death.

After pointing out that AEG put Dr. Conrad Murray in charge of Jackson's rehearsal schedule, attorney Brian Panish said, “Why would a doctor you haven’t hired be responsible for someone working for you to go to practice or rehearsal? Why? Because you hired him, that’s why."

Panish tried to educate jurors, explaining that unlike in a criminal trial they needed only to find that their claims were more likely true than not for them to find in favor of Michael Jackson's mother and three children.

WATCH LIVE: Closing arguments in AEG-Jackson trial

The Jacksons have sued AEG for Jackson's death, saying the entertainment firm negligently hired and supervised Murray. AEG maintains that the doctor worked for Jackson and any money the firm was supposed to pay the doctor was an advance to the singer.

Panish explained that Murray did not need a written agreement to have a valid contract, that an oral agreement was just as good.

After not allowing TV cameras in court during the nearly five-month trial, Judge Yvette Palazuelos reversed herself Tuesday. The closing statements already had been moved to a much larger courtroom to accommodate the media crush and a growing number of spectators.

PHOTOS: Michael Jackson | 1958-2009

Panish, speaking in a much calmer tone than he used during testimony, tried to turn the words of AEG executives against them, as he had during much of the trial. Panish will finish his closing statement Tuesday afternoon, and attorneys for AEG will have their turn Wednesday.

Panish quoted experts who said that when Murray closed his Las Vegas practice to take on Jackson as his only patient, asking at first for $5 million, the sum should have immediately raised red flags.

Murray, who was in dire financial straits, eventually agreed to compensation of $150,000 month, circumstances that experts testified created a conflict between his money needs and his patient's care.

Panish showed a television interview of AEG Live Chief Executive Randy Phillips, filmed before the lawsuit was filed, talking about Murray.

“The guy’s willing to leave his practice for a very large sum of money, so we hired him,” Phillips says in the interview.

“It’s real simple," Panish said. "He’s the CEO of the company, as high as it gets. He admitted it.”
 
Re: Jacksons vs AEG - September 24 2013 - News Only (no discussion)

Michael Jackson trial: Closing arguments focus on AEG liability
Tuesday, September 24, 2013

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By Miriam Hernandez and Subha Ravindhran
DOWNTOWN LOS ANGELES (KABC) -- Opening statements in the high-profile Michael Jackson wrongful death trial began Tuesday, centering on the "King of Pop" and liability for his death.

Interest in the case was so high that the judge moved the proceeding to an auditorium-sized courtroom. In the gallery were two of Jackson's nephews, sister Rebbie and his mother Katherine, who filed the lawsuit against concert promoter AEG Live.

"He believed in the good of others even though people didn't believe in the good of Michael," Jackson attorney Brian Panish said during closing arguments.

Panish made references to the Bible, English history and attempted humor, impersonating an AEG executive. But Panish told the jury that there was nothing funny about what led to Jackson's demise. He argued it was caused by a few factors: the star's dependency on medication when he was stressed; Dr. Conrad Murray, a physician who was broke; and AEG Live, which facilitated a contract to hire Murray.

"There's no question that AEG wanted the 'King of Pop' in their arena in London," said Panish. "They wanted it so badly that they would do whatever it took to get him on stage, and they told that to Dr. [Conrad] Murray. They told Dr. Murray, 'We want you to have everything you can have.' They knew exactly what he offered - an unlimited supply of prescription medications during the time of the pain, stress and anxiety to get Michael Jackson on stage. They knew that."

The jury was led through the verdict form, but their answer to the first question will decide whether they should proceed to other questions: Did AEG hire the doctor?

"They had numerous meetings with Dr. Murray, they called him on the phone, they called him to Michael Jackson's home and they said, 'Stay in your lane Dr. Murray,'" Panish said.

Calling the credibility of AEG executives into question, Panish played select parts of their testimony as they were asked about a series of emails, with each witness saying, "I don't remember."

If jurors believe AEG hired Murray, the jury must answer many other questions, including whether the company exercised reasonable care in supervising the doctor.

About Jackson's habits with medication, the Jackson attorneys concede that the pop idol had a problem, but it only became fatal when money and desperation came into play.

"What is the one thing that changed? AEG and Murray," Panish said.

AEG claims it did not hire Murray, that it was Michael Jackson who initially chose Murray to be his doctor and that it was the star's own negligence that contributed to his death.

If the jurors find that AEG was liable for Michael Jackson's death, attorneys for KatherinE Jackson say the family deserves compensation. In closing arguments, they suggested that the matriarch get what AEG spent as they prepared to stage Jackson's comeback concerts: $35 million for starters. Then the numbers cited by the Jackson family attorney grew as he talked about the children's losses.

The plaintiffs' total request equals $325 million in noneconomic damages, $1.2 billion in economic damages. That's a total of over $1.5 billion.

The trial has lasted nearly five months. Jurors have heard from more than 30 witnesses. The closing arguments are expected to last a couple days. Once they are completed, jurors can begin deliberating as early as Thursday.

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Katherine Jackson, along with Michael Jackson's three children, are listed as plaintiffs in this lawsuit. They are seeking unspecified damages, but they could receive more than $1 billion. That's how much attorneys say the pop star would have earned from his "This Is It" tour and other movies.

Because this is a civil trial, only nine of the 12 jurors must agree on a verdict.
 
Re: Jacksons vs AEG - September 24 2013 - News Only (no discussion)

AP/ September 24, 2013, 9:20 PM
Jackson promoter, doctor accused of seeking payday
Michael Jackson performs on stage during his "HIStory" world tour concert at Ericsson Stadium on Nov. 10, 1996, in Auckland, New Zealand.
Michael Jackson performs on stage during his "HIStory" world tour concert at Ericsson Stadium on Nov. 10, 1996, in Auckland, New Zealand. / PHIL WALTER/GETTY IMAGES
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Updated 9:19 PM ET

LOS ANGELES A lawyer for Michael Jackson's family on Tuesday portrayed concert promoter AEG Live LLC and Jackson's doctor as mercenaries who sacrificed the pop star's life in a quest to boost their own fortunes.


21 PHOTOS
Michael Jackson: 1958-2009
Attorney Brian Panish made the claims while delivering his closing argument in the long-running negligence case, asking jurors: "Do people do things they shouldn't do for money? People do it every day."

A $150,000-a-month contract to care for Jackson was a lifeline to help Dr. Conrad Murray climb out of his financial troubles, Panish told jurors, saying the doctor was $500,000 in debt and about to lose his home.

AEG Live, meanwhile, had only one interest - launching a world tour for the King of Pop that would yield untold millions in profits, the lawyer said.


Play VIDEO
Closing arguments begin in Michael Jackson wrongful death suit
The lawsuit filed by Katherine Jackson, the singer's mother, accuses AEG Live of negligence in hiring Murray.

Panish proposed that jurors award $290 million to Katherine Jackson and the singer's children for non-economic damages such as the loss of love and comfort.

He gave no specific figure for possible economic damages, urging jurors to make their own decision while reminding them that expert witnesses had said Michael Jackson could have earned more than $1 billion had he lived longer.

Panish also spoke of the anguish of Prince, Paris and Blanket Jackson over the loss of their father and was warned by the judge that jurors should not base their verdict on sympathy.

"We're not looking for sympathy," Panish said. "We're looking for justice, not partial but complete justice."

He then showed nearly an hour of videos produced for the trial that included heart-wrenching home movies that featured his songs and images of his children when they were babies.

However, the focus of his argument was on the relationship between AEG and Murray.

Panish told a packed courtroom that Murray's financial woes were unknown to AEG Live when Jackson proposed the cardiologist as his private physician because the company did not research Murray's situation.

He also said Murray's willingness to close his medical offices to take the job could have raised a red flag if AEG Live had investigated the cardiologist.

"Obviously, he was incompetent and unfit," Panish said. "He caused the death of Michael Jackson."

Murray was convicted in 2011 of involuntary manslaughter after giving Jackson an overdose of the anesthetic propofol as he tried to sleep during preparations for his "This Is It" concerts in London.

Attorneys for AEG will present their closing argument Wednesday.

The company has claimed that Jackson insisted that Murray treat him because the doctor was giving him propofol as a sleep aid. The drug is not meant to be used outside operating rooms.

AEG Live drafted a contract for Murray's services, according to testimony, but it was only signed by Murray. Still, Panish said, the contract was valid because it was the result of oral negotiations with Murray.

Panish urged jurors to act as the conscience of the community and award damages to Jackson's family. Jackson's mother, Katherine, her daughter Rebbie and nephews Taj and TJ, sat in a front row as Panish delivered his remarks.

The trial had been moved to a larger courtroom to accommodate media, spectators, lawyers and Jackson fans. A delegation of justice officials from Thailand also observed from the gallery.

The afternoon session immersed jurors in the life of Jackson with another video tracing his life from humble beginnings in Gary, Ind., to the heights of fame, with scenes of performances worldwide in vast arenas. Much of the footage was from his early career.

"That is the best evidence that Michael Jackson would have sold tickets," Panish said about the earning power of the pop star.

The video ended with the song, "Gone Too Soon" and Jackson's voice saying, "I love you."

If jurors find that damages should be assessed, the judge said they must not consider such issues as the wealth of both sides or the grief endured by the Jackson family.

A unanimous verdict is not required. Only nine of the 12 jurors must agree.
 
Re: Jacksons vs AEG - September 24 2013 - News Only (no discussion)

Lawyer puts price on Michael Jackson's death at trial


In a heartstrings-tugging final presentation wrapping up a five-month trial, attorney Brian Panish urged jurors to award $85 million to each of the star's three children and $35 million to his mother in so-called non-economic damages, such as the loss of love and comfort.

On top of that were economic damages, for which he did not set a figure, but cited analyses suggesting that the self-styled King of Pop could have made up to $1.6 million if he had lived and pursued a comeback world tour.

In Tuesday's most arresting moment, he played a 15-minute video compilation of Jackson's hits, including "Thriller" and the star moonwalking to "Billie Jean", combined with home-movie clips of the singer playing with his children.

"That I think is the best evidence of whether Mr. Jackson could have sold tickets," he said after the extended video, which left some of the dozens of fans in court sobbing and hugging each other.

Panish insisted however he wasn't trying to play on the jury's emotions. "We're not looking for sympathy, we're looking for justice," he told the trial, which moved to a larger 300-person capacity courtroom for its final stage.

Presiding judge Yvette Palazuelos unexpectedly ruled that the final few days of the trial, which started in April, can be televised.

Jackson died on June 25, 2009 from an overdose of the anesthetic propofol at his rented mansion outside Los Angeles, where he was rehearsing for the "This is It" shows at London's 02 Arena. He was 50 years old.

Dr. Conrad Murray, a cardiologist, was convicted of involuntary manslaughter in a criminal trial in 2011 for giving the drug to the star -- who suffered from chronic insomnia -- to help him sleep. Murray was jailed for four years.

In the civil trial, the singer's mother Katherine Jackson, 83, alleges that AEG Live negligently hired an inappropriate and incompetent doctor and missed a series of red flags about his failing health in the run-up to his death.

"They chose not to check anything about Dr. Murray's background ... They chose to run the risk, to make a huge profit, and they lost and they're responsible," said Panish.

"AEG wanted the King of Pop in their arena in London. They would do whatever it took to get him on stage... They were so excited about how much money they were going to make," he added.

"They knew what they were getting. Now they want to come in and deny it."

If the jury decides in the Jackson family's favor, Panish suggested the jury split whatever compensation amount they decide on in the ratio of 30 percent for each of the three children, and 10 percent for Jackson's 83-year-old mother Katherine, "because Katherine has a lesser life expectancy."

But he stressed that the jury will make the final decision. "That's up to you," he said.

AEG Live counters that it did not sign a contract with Murray, and that a promised $150,000 a month for his services would come from an advance it was making to Jackson, meaning effectively that the star hired his own doctor.

The issue of who hired Murray is crucial to the case, and Panish re-played video clips of AEG Live CEO Randy Phillips, in which he told Sky News that Murray was "willing to leave his practice for a very large sum of money.

"So we hired him," said Phillips, in what could prove decisive in the jurors' decision-making process.

AEG Live's lead lawyer, Marvin Putnam, is due to present his side's closing arguments on Wednesday. Panish will then make final rebuttals on Thursday, before the jury retires to consider its verdict.
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Michael Jackson Wrongful Death Trial Set to Close
LOS ANGELES, Sept. 24, 2013
By ABC NEWS via GOOD MORNING AMERICA
PHOTO: The Jackson Family
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After months in court and the testimomy of over 50 witnesses, the wrongful death case filed by Michael Jackson's family against concert promoter AEG Live is about to come to a close, with a potential billion dollars at stake.

Jackson was set to perform a 50-night residency at London's 02 arena before his death in 2009 from acute propofol and benzodiazepine intoxication. This week the jury is expected to begin deliberations as to whether it was AEG who hired and retained Dr. Conrad Murray, who was convicted of involuntary manslaughter in Jackson's death.

"It's been five months, they've heard a lot of stuff, now they have to apply the law," AEG's attorney Marvin Putnam told reporters on Monday. "The facts show he was never hired by AEG, he was hired by Michael Jackson."

AEG claims Murray was Jackson's personal doctor, but the Jackson family insists AEG paid Murray's bill, and put Murray under huge pressure to get Jackson ready for the multi-million dollar comeback tour they were promoting.

Days before the "This Is It" comeback concerts were due to begin in June 2009, Jackson suddenly died.

Katherine Jackson, Michael's mother, is one of the plaintiffs, along with Prince Michael and Paris Jackson, his two oldest children. Both Katherine and Prince Michael have testified during the trial.

"It was the worst day of my life, and I never want to feel like that again," Katherine said on "60 Minutes Australia."

In the midst of this trial, reliving it all apparently became too much for Michael Jackson's daughter Paris. She had to be rushed to the hospital by ambulance at 2 in the morning.

Attorney Marc Geragos says that if the Jackson family wins, the damages could run into the billions of dollars, as the sum is meant to reflect what Jackson could have earned had he survived.

Whatever the jury decides, the verdict will almost certainly be appealed.

"Michael's kids will be in college or grad school before they see the money," Geragos said.
 
Tour promoter slams 'absurd' Jackson damages claim
(AFP) – 8 minutes ago

Los Angeles — The promoters of Michael Jackson's doomed last tour slammed as "absurd" Wednesday a massive claim by his family for damages over the pop icon's 2009 death.
A lawyer for AEG Live, making his closing argument at the end of a five-month trial, said the promoter would never have funded the "This Is It" tour if it knew the star was playing "Russian roulette" with his own health.
On Tuesday, the Jackson family's lawyer, closing his own case in a Los Angeles courtroom, proposed a figure of $290 million for non-economic damages, as well as an unspecified sum for economic damages.
Jackson lawyer Brian Panish cited accountants' analyses of Jackson's potential future earnings of between about $900 million and $1.6 billion, but said the jury would have to decide its own figure.
AEG Live's attorney Marvin Putnam said Wednesday a claim on such scale was ridiculous.
"Their dollar amount is $1.5 billion dollars. They kinda rushed through that," he said, referring to the studies cited by Panish the previous day, including in slides shown in court.
"I'm sorry, that's an absurd number. And they haven't even remotely proved it."
Jackson, 50, died on June 25, 2009 from an overdose of the anesthetic propofol at his rented mansion in Los Angeles, where he was rehearsing for the "This is It" shows at London's 02 Arena.
Dr Conrad Murray, a cardiologist, was convicted of involuntary manslaughter in a criminal trial in 2011 for giving the drug to the star -- who suffered from chronic insomnia -- to help him sleep. Murray was jailed for four years.
In the civil trial, the singer's mother Katherine Jackson, 83, alleges that AEG Live negligently hired an inappropriate and incompetent doctor and missed a series of red flags about his failing health in the run-up to his death.
But the promoter's lawyer said Wednesday that AEG Live never actually hired Murray, who it noted had treated Jackson and his children over several years.
"You can't negligently hire someone unless you hire them," said Putnam, adding: "The evidence is very clear that Michael Jackson was the one who hired Dr Murray."
Referring to the nightly propofol infusions given to Jackson by Murray, the lawyer said: "AEG never would have agreed to finance this tour if it knew that Mr Jackson was playing Russian roulette in his bedroom every night."
Jackson was "responsible for his own health, certainly his own healthcare, and he's reponsible for his own choices, no matter how bad those choices turn out to be," Putnam said.
"The truth here is a tragedy ... It's a tragedy for this family, a tragedy for his mother, a tragedy for his kids. It's horrible and it's incredibly sad. But it's not a tragedy of AEG Live's making."
Katherine Jackson, who was in court again on Wednesday after attending regularly throughout the trial, is taking the legal action on her behalf and that of Jackson's three children: 16-year-old Prince, Paris, 15, and 11-year-old "Blanket."
If the six-man, six woman jury decides in the Jackson family's favor, Panish suggested jurors split whatever compensation amount they decide on in the ratio of 30 percent for each of the three children, and 10 percent for Jackson's mother.
For the final stage of the trial, which began in April, the judge moved proceedings to a large, 300-seat courtroom to accommodate extra media and Jackson fans who have turned up to see the climax of the case.
On Thursday Jackson lawyer Panish is expected to have one last chance to make his case to the jury, in rebuttal of his rival's closing arguments Wednesday.
After Panish has finished, the jury will retire to consider its verdict.

http://www.google.com/hostednews/af...Xw?docId=f180fe8f-b359-462a-85df-aa88d0bebaf1
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Michael Jackson trial: AEG delivers closing arguments

Miriam Hernandez

DOWNTOWN LOS ANGELES (KABC) -- During closing statements in the Michael Jackson wrongful death trial on Wednesday, AEG Live's lead attorney called the singer's death a tragedy, but says Jackson was playing Russian roulette by taking propofol.

AEG asked where is the evidence that the tour promoters hired Conrad Murrary, the doctor who ultimately caused Jackson's death.

"He didn't ask, remember? He told them, 'We're bringing this doctor," said defense attorney Marvin Putnam.

Putnam recalled the witnesses who said that neither the family nor Jackson's friends were able to change the mind of the pop idol about anything, including his choice of medications, and that while Katherine Jackson testified she sued AEG to learn the truth, she also understandably closed her ears to it.

"She closed her ears to fact that Mr. Jackson overdosed," said Putnam.

The defense says there was never a valid signed contract and that AEG had never paid Murray, but Jackson did. They also say that Murray had been Jackson's doctor for the previous three years.

About the issue of negligence, the defense zeroed in on Jackson's secrecy and how it was only learned after subpoenas to multiple doctors that Jackson pursued propofol to sleep for more than two decades.

Putnam asked jurors how Jackson's tour promoters would know about his nightly insomnia treatments at his home.

For the Jackson attorneys to win the lawsuit, the jurors must make five findings, including that AEG knew or should have known Murray was an unfit doctor.

AEG points to evidence that Murray had four practices and no malpractice claims and that Jackson himself trusted Murray to treat his children. Putnam says AEG believed Murray would be going to the London concerts to provide basic care.

"If Mr. Jackson had asked for anesthesiologist to administer anesthesia on tour, that would be a red flag," said Putnam.

About other red flags alleged by the Jackson lawyers -- Jackson's flu-like symptoms one day he came in sick -- the defense showed Jackson's last rehearsal. According to testimony from an AEG executive, it ended with Jackson saying he was ready to carry on.

The defense also rejected the Jacksons' claim for damages of $1.5 billion, calling that figure absurd.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9261818
 
'Michael Jackson's death was caused by his own choices,' AEG Live lawyer says
Lawyers for both sides wrap up closing arguments in billion-dollar wrongful death case involving King of Pop's concert promoter.

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BY NANCY DILLON / NEW YORK DAILY NEWS

PUBLISHED: WEDNESDAY, SEPTEMBER 25, 2013, 5:13 PM
UPDATED: WEDNESDAY, SEPTEMBER 25, 2013, 6:55 PM
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Brian Panish, attorney for the Michael Jackson family delivers his closing argument to jurors in the Michael Jackson lawsuit against concert promoter AEG Live LLC September 24, 2013 in downtown Los Angeles. Final arguments began today in the Michael Jackson wrongful death case which alledges that entertainment conglomerate AEG is liable in the pop star's 2009 death.
AL SEIB/POOL/GETTY IMAGES

Brian Panish, attorney for the Michael Jackson family delivers his closing argument to jurors in the Michael Jackson lawsuit against concert promoter AEG Live Wednesday.
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Michael Jackson was a grown man who personally selected his Dr. Feelgood and chose to put the equivalent of a loaded gun to his head each night with daredevil drug use, a lawyer for concert promoter AEG Live told jurors Wednesday.

Marvin Putnam had his last chance to address jurors in Katherine Jackson's billion-dollar wrongful death lawsuit and hammered the concept of personal responsibility over and over like a chorus.

"Plaintiffs want you to hold a concert promoter liable for (Michael's) drug overdose in his private bedroom, behind locked doors at the hands of his doctor on June 25, 2009," Putnam said twice, repeating himself for emphasis.

"The sad truth here is that Michael Jackson's death was caused by his own choices."

RELATED: MICHAEL JACKSON WRONGFUL DEATH TRIAL TO WRAP UP

The King of Pop was a consenting adult on the verge of his 50th birthday, and when he informed AEG he wanted his personal physician - Dr. Conrad Murray - with him on tour, "it was not for AEG Live to interfere with that longtime doctor-patient relationship," Putnam said.

He told the jurors — who started hearing testimony five months ago — that AEG Live was as stunned as the rest of the world to learn Michael died from an overdose of the surgery-strength anesthetic propofol given in a makeshift medical theater inside his gated and guarded mansion.

AEG Live's lead attorney Marvin Putnam a delivers his closing arguments in the wrongful death case filed by Michael Jackson's family in Los Angeles, Wednesday.
IRFAN KHAN/AP

AEG Live's lead attorney Marvin Putnam a delivers his closing arguments in the wrongful death case filed by Michael Jackson's family in Los Angeles, Wednesday.

"Simply stated, AEG never would have agreed to finance this tour if it knew Mr. Jackson played Russian roulette every night in his bedroom. It wasn't going to happen," Putnam said.

Murray - now serving four years for involuntary manslaughter - was a cardiologist, not an anesthesiologist, and had no malpractice complaints before Michael's death, he said.

RELATED: TESTIMONY ENDS IN MICHAEL JACKSON'S WRONGFUL DEATH TRIAL

As far as AEG Live knew, Dr. Murray was Michael's internist, treating him for things like dehydration and the common cold, he said.

"If Michael Jackson had asked for an anesthesiologist…that would have been a red flag," he said.

Putnam agreed it was no secret that AEG Live CEO Randy Phillips and touring honcho Paul Gongaware were willing to move mountains to get Michael to London for his 50 "This Is It" comeback concerts.

"They were incredibly excited about it. They wanted to move forward, to be part of Mr. Jackson's redemption. And yes, they also wanted to make a profit. There's no question about that. But that doesn't change the facts. It doesn't change that adults are responsible for the choices they make," he said.

Katherine Jackson listened without emotion as she sat with eldest daughter Rebbie and grandsons Taj and T.J. Jackson in the gallery behind the jury.
One of her lawyers, Michael Koskoff, played solitaire on his computer during some of Putnam's presentation.
Katherine's lead lawyer said in his closing argument Tuesday that jurors should award Katherine and Michael's three kids $1.2 billion in economic damages and some $300 million in personal damages for AEG's negligence and resulting role in Michael's death.
Putnam called that amount "absurd" but acknowledged the 83-year-old matriarch's pain and search for "the truth."
RELATED: FINAL WITNESS TESTIFIES IN MICHAEL JACKSON WRONGFUL DEATH TRIAL
"AEG Live is not afraid of the truth. The truth here is a tragedy, an absolutely devastating tragedy," he said. "This is a tragedy for his family, a tragedy for his mother, a tragedy for his kids. It is incredibly sad. But it is not tragedy of AEG Live's making, (so) please don't close your ears to the facts."
Katherine Jackson, the iconic singer's mother, is accusing concert promoter AEG Live of being responsible for the hiring of Dr. Conrad Murray, the doctor convicted of involuntary manslaughter in the King of Pop's death.
MATT SAYLES/AP

Katherine Jackson, the iconic singer's mother, is accusing concert promoter AEG Live of being responsible for the hiring of Dr. Conrad Murray, the doctor convicted of involuntary manslaughter in the King of Pop's death.

He said the evidence proves Dr. Murray started treating Michael and his kids back in 2006 in Las Vegas and that Michael described Murray as his personal physician during a tour physical in February 2009, months before his death.
He said it was also critical to note that Murray willingly signed a final contract shortly before Michael's death that explicitly stated the pact wasn't valid until Michael also signed.
Neither the "Thriller" singer nor AEG ever signed the document.
RELATED: *****’S KIN’S LAWYER MAKES FINAL PUSH IN DEATH TRIAL
"Whenever a tragedy happens, it's easy to play (the blame) game. You can torture yourself. I'm sure his family has tortured themselves. You can say, 'If only I had done something. If only I had seen the signs that are now so clear,'" he said.
The other option is to "torture" and "blame" others, he said, calling the inclination "the natural thing to do."
But "should have, could have" scenarios concocted with "20/20 hindsight" are not what this case is about, he said.
"The law doesn't require you to save someone even if your conscience, your morality, you love tell you that you should," he said. "Anyone who's ever loved an addict, known an addict, cared for an addict knows what that's like. You can't save (them). They have to save themselves."


Read more: http://www.nydailynews.com/entertai...lawyer-article-1.1467528?pgno=1#ixzz2fxSI2F3A
 
AEG closing arguments: Michael Jackson made 'bad choices,' not us

By Jeff Gottlieb
September 25, 2013, 1:08 p.m.
The attorney for AEG Live told jurors Wednesday the concert promoter never hired the doctor who was treating Michael Jackson as he prepared for a comeback tour, never had a contract with him and had no idea the doctor was giving the singer the powerful anesthetic that killed him.

"Plaintiffs want you to hold a concert promoter liable for Michael Jackson’s overdose, in his bedroom, at night, behind locked doors,” Marvin Putnam said during his closing argument in the five-month wrongful death case.

Jackson, he said, was a grown man, 50 years old and responsible for his own health.



“He made some bad choices and it resulted in a horrible tragedy, but you shouldn’t blame someone else for Mr. Jackson’s bad choices,” he said.

"Make no mistake about this," Putnam said. "It was Mr. Jackson, not AEG Live, that chose Conrad Murray."

Murray, a Las Vegas physician, was convicted of involuntary manslaughter in the singer’s overdose death and is now serving a jail sentence.

PHOTOS: Michael Jackson | 1958-2009
AEG, Murray said, tried to talk Jackson out of bringing Murray aboard for the singer's 50-concert comeback at the 02 Arena in London, saying there were plenty of great doctors there.

“Ultimately it was his money, his doctor and his choice," Putnam said. "If he wanted to bring his doctor along with him and his family, that was up to him, and he certainly wasn’t going to take no for an answer.”

Jackson died June 25, 2009, just a few weeks before his tour was to begin. His family is suing AEG, saying the company negligently hired and supervised Murray.

AEG has maintained throughout the nearly five-month trial that Murray worked for Jackson and that any money the company was supposed to pay him was part of an advance to the singer.

Putnam said AEG Live didn't know anything about Jackson's propofol use until authorities completed their investigation into the pop star’s death.

AEG Live, Putnam said, would have never agreed to finance the tour “if it knew Mr. Jackson was playing Russian roulette in his bedroom every night.”

The attorney tried to explain a potentially damaging email in which AEG executive Paul Gongaware wrote of Murray, “We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him.”

Putnam said Gongaware testified that while he didn't recall the email, he never had that conversation with the doctor.
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Lawyer: Jackson died from own bad choices

Posted: Sep 25, 2013 1:48 AM EDT
Updated: Sep 25, 2013 8:38 PM EDT
By LINDA DEUTSCH
AP Special Correspondent
LOS ANGELES (AP) - Michael Jackson died because of his own bad choices involving the drug that killed him and the doctor who provided it, not because of anything done by AEG Live, a lawyer for the producer of Jackson's comeback concerts told jurors Wednesday.

Delivering his closing argument in the long-running negligence case by Jackson's family, defense attorney Marvin Putnam said the secretive singer never told the producers that he was using the hospital anesthetic propofol to overcome his chronic insomnia.

If AEG Live had known, it would have pulled the plug on the planned tour, the lawyer said.

"AEG would have never agreed to finance this tour if they knew Mr. Jackson was playing Russian roulette in his bedroom every night," Putnam told jurors.

Putnam also said AEG Live LLC tried to deter Jackson from hiring Dr. Conrad Murray, who was later found guilty of involuntary manslaughter in his death, but Jackson "wouldn't take no for an answer."

Only after Jackson's death, he said, did the company learn about the secret propofol treatments by Murray.

"AEG only learned the truth after Mr. Jackson passed," Putnam said. "They heard for the first time what propofol was."

Putnam stressed that it was Jackson, not AEG, who insisted on hiring Murray, a cardiologist who had befriended the pop star in Las Vegas three years earlier. Jackson, who was using him as a family doctor, told AEG that Murray was to be his physician for the "This Is It" shows in London, according to Putnam.

"He didn't ask AEG," the lawyer said. "He said, 'We're using this doctor.' He was a grown man of 50 and as a grown man he is responsible for his own health and his own choices no matter how bad those choices may be."

AEG told Jackson there were great doctors in London but the singer would not be deterred, Putnam said.

"It was his money and he certainly wasn't going to take no for an answer," he said.

Murray was convicted in 2011 after giving Jackson an overdose of propofol on the day he died in 2009. The drug is not meant to be used outside operating rooms.

With Michael Jackson's mother, Katherine, a plaintiff in the suit, seated in a front row, Putnam reminded jurors that she said she wanted to know the truth about her son's demise. But she also testified that she closed her ears when she heard bad things about him, he said.

He accused lawyers for the Jackson family of asking jurors to close their ears to facts surrounding the actions of the singer.

"He made some bad choices that resulted in a horrible tragedy. You can't blame someone else for his bad choices," Putnam said.

A day earlier, a lawyer for Katherine Jackson had portrayed AEG Live executives and Murray as mercenaries who sacrificed the pop star's life in a quest to boost their own fortunes.

Attorney Brian Panish said a $150,000-a-month contract to care for Jackson on tour was a lifeline to help Murray climb out of his financial troubles. He blamed AEG executives for failing to realize Murray was unfit for the job.

"Obviously, he was incompetent and unfit," Panish said. "He caused the death of Michael Jackson."

The courtroom atmosphere was starkly changed Wednesday. Panish had brought Hollywood dazzle, showing professionally produced videos of the superstar's life and home movies of him with his children when they were babies.

Putnam, however, focused his argument solely on the law and the evidence jurors had seen during the five-month trial. He showed emails and excerpts from proposed contracts, arguing that there never was a contract between Murray and AEG.

At one point he showed excerpts from "This is It," the documentary about rehearsals for the London concerts. He pointed out that Jackson appeared in control, performing perfectly on a rendition of "Earth Song."

"And 12 hours later, he was dead," Putnam said.

Judging from the footage, AEG could not have known the singer was receiving nightly doses of propofol from Murray, Putnam said.

"AEG Live did not have a crystal ball," he said. "Dr. Murray and Mr. Jackson fooled everyone. They want to blame AEG for something no one saw."

A key issue in the negligence suit is whether AEG Live or Michael Jackson hired Murray.

Putnam said if jurors find AEG didn't do the hiring, their work will be done and they need not decide other questions involving damages.

He ridiculed the plaintiffs for suggesting in documents that AEG should pay $1.5 billion in damages. He said that figure was based on expert witness speculation on how much Jackson could have earned but asserted that damages cannot be based on speculation.

Panish will get a chance Thursday to rebut Putnam's argument before the case is submitted to jurors. A unanimous verdict is not required in the case. Only nine of the 12 jurors must agree.
 
AEG says $1.5 billion for Jackson's death is 'ridiculous'
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Attorneys for entertainment giant AEG finished closing arguments Wednesday in the five-month Michael Jackson wrongful death trial.

By Jeff Gottlieb
September 25, 2013, 6:20 p.m.
A claim by the family of Michael Jackson that it be awarded damages up to $1.5 billion for the pop star’s death is “ridiculous,” an attorney for entertainment powerhouse AEG told jurors Wednesday

Marvin Putnam, the lead attorney for AEG, said an expert witness for the entertainment firm determined that the potential economic damages resulting from Jackson’s death were closer to $21 million.

Beyond the differing calculation for what the pop singer might have earned had he lived long enough to pull off a worldwide tour and a Las Vegas show later in life, Putnam said AEG was not liable for Jackson’s 2009 overdose death.

“It wasn’t AEG’s fault,” Putnam said during his closing argument in the 4-month-old trial. “All they wanted to do was put on a concert.”

Jackson, who was 50 when he died, was a grown man who was responsible for his own health, Putnam said, a statement he tried to drill into jurors’ minds throughout the day.

“Plaintiffs want you to hold a concert promoter liable for Michael Jackson’s overdose, in his bedroom, at night, behind locked doors,” he said.

PHOTOS: Michael Jackson | 1958-2009

Jackson, Putnam said, had used propofol since 1997 while on tour in Germany.

The singer, who suffered from terrible insomnia, tried to persuade other doctors through the years to use the anesthetic, Putnam said.

“Michael Jackson was told over and over and over again that propofol was dangerous, that it could kill him, but he wouldn’t take no for an answer,” the lawyer said.

AEG Live, Putnam said, would never have agreed to finance the tour “if it knew Mr. Jackson was playing Russian roulette in his bedroom every night.”

Jackson died a few weeks before his 50-concert London comeback was to begin. His mother and three children are suing AEG, saying that the company negligently hired and supervised Dr. Conrad Murray, the Las Vegas physician who administered the fatal dose of the anesthetic.

AEG has maintained that Murray worked for Jackson.

The case is expected to go to the jury Thursday.
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Lawyer: Blame Michael Jackson for his death, not AEG Live
By Alan Duke, CNN
updated 9:20 PM EDT, Wed September 25, 2013

Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
NEW: Producers just thought Jackson was tired, afraid and aging, AEG lawyer says
NEW: Jackson lawyer set for rebuttal Thursday morning
"The sad truth is Mr. Jackson's death was caused by his choices," says AEG lawyer
A Jackson lawyer conceded Tuesday the singer may have some fault for his own death

Los Angeles (CNN) -- AEG LIve's lawyer asked a jury to find Michael Jackson responsible for his death, not the concert promoter.
Attorney Marvin Putnam spent four hours Wednesday deliver his closing arguments in the trial of the wrongful death lawsuit brought by Jackson's mother and three children.
"Plaintiffs want you to hold a concert promoter liable for Michael Jackson's overdose in his bedroom at night, behind locked doors on June 25, 2009," Putnam told jurors. "An overdose of the drug administered to Mr. Jackson by his longtime doctor -- Dr. Murray -- who he'd been seeing for years, a doctor he brought to Los Angeles from Las Vegas."
When the trial began five months ago, Putnam warned he would show "ugly stuff" and reveal Jackson's "deepest, darkest secret."
The revelations that jurors heard from 58 witnesses over 83 days of testimony spanning 21 weeks included details of Jackson's drug use and his shopping for a doctor to give him the surgical anesthetic propofol that he thought would give him sleep.
"He was nearly half a billion dollars in debt," Putnam argued Wednesday. "His mother's house was near foreclosure, we didn't know that then. What else do we know now? That Mr. Jackson spent decades shopping for doctors to give him the painkillers he wanted. Mr. Jackson made sure we didn't know that."
Jackson family lawyers make their case Michael Jackson doc: 'He wasn't faking' Paris Jackson's deposition
Brian Panish, the lead lawyer for Jackson's mother and three children, conceded in his closing Tuesday that the singer may have some fault for his own death, but said "it's about shared responsibility."
Jackson did use prescription painkillers and was warned that using propofol at home to sleep was risky, "but he never had a problem until Dr. Conrad Murray was working and until Conrad Murray negotiated with AEG Live," Panish argued.
The AEG Live lawyer, Putnam, argued Wednesday that Jackson should take the full blame. "The sad truth is Mr. Jackson's death was caused by his choices and it would have happened no matter what -- with or without AEG Live."
The Jackson family lawyer urged jurors to award the family between $1 billion and $2 billion in damages for its share of liability in Jackson's death -- to replace what he would have earned touring, had he lived, and for the personal suffering from the loss of a son and father.
Putnam told jurors Wednesday that was "an absurd number."
Katherine Jackson testified that she filed the wrongful death lawsuit three years ago against AEG Live "because I want to know what really happened to my son."
Her lawyers argue that the company is liable in the death because it negligently hired, retained or supervised Murray, who was convicted of involuntary manslaughter in Jackson's propofol overdose death.
Jackson's lawyer will have another two hours Thursday morning to sum up his arguments in rebuttal.
Twelve jurors, who have sat and listened in a Los Angeles courtroom for 21 weeks, will then begin deliberations.
The judge is allowing a television camera in court for the closing arguments and verdict.
Who's to blame for Michael Jackson's death?
AEG Live's defense
Murray treated Michael Jackson and his children for minor illnesses while they lived in Las Vegas for three years, before the singer returned to Los Angeles to prepare for his "This Is It" comeback tour. It was Jackson -- not AEG Live executives -- who chose Murray to be his full-time doctor for his tour, the company's lawyers contend.
AEG Live Co-CEO Paul Gongaware negotiated to pay Murray $150,000 a month only because of Jackson's request to have his doctor with him as he performed 50 shows at London's O2 Arena, they argue.
"He told them 'We're bringing this doctor,' " Putnam said. "This was a choice Mr. Jackson made, he was a grown man."
AEG Live executives tried to talk Jackson out of taking an American doctor with him on tour, suggesting he could save money by using a physician in London, Putnam said.
"But Mr. Jackson was undeterred," he said. "Ultimately, it was his money, his doctor, his choice. He certainly wasn't going to take 'no' for an answer."
There was no need to check Murray's background because he was a licensed, successful doctor who was known to Jackson, Putnam said. "All AEG Live knew was Dr. Murray was Mr. Jackson's longtime doctor."
A key argument in the Jackson case is that AEG Live was negligent by not ordering a financial background check of Murray, which would have revealed he was in a dire financial situation and not successful. His desperation to keep his lucrative job led Murray to violate his Hippocratic Oath to do no harm by using the dangerous propofol infusions to put Jackson to sleep each night for two months, Jackson lawyers argue.
AEG Live executives had no way of knowing Murray was treating Jackson's insomnia with propofol in the privacy of his bedroom, their lawyers contend. Jackson was a secretive addict, adept at keeping family, friends and other doctors in the dark about his medical treatments, they argue.
But two doctors testified that they told Gongaware about Jackson's abuse of painkillers and his insomnia during tours in the 1990s, when the AEG Live executive served as tour manager. Jackson lawyers argue Gongaware, who was the top producer on the new tour, should have known that Jackson could suffer the same problems in 2009.
The deterioration of Jackson's health over the two months he was being treated by Murray was a red flag that there was a problem, but AEG Live executives negligently ignored the warning, Jackson lawyers argue. By June 19, he was frail, suffering chills, unable to do his trademark dances and paranoid, according to testimony.
"Everyone believed at the time that a 50-year-old man, who hadn't performed in a decade was tired, out of shape and very nervous," Putnam argued Wednesday. "That's what they believed at the time and it makes sense."
AEG Live can avoid a negative verdict if is able able to convince at least 4 of 12 jurors that it did not hire Murray. It is the first of 16 questions on the jury verdict form. If jurors answer it with a "no" -- that AEG Live did not hire the doctor -- they would end their deliberations and the trial.
An AEG Live lawyer e-mailed an employment contract to Murray on the morning of June 24, 2009. Murray signed it and faxed it back to the company that day. But the signature line for AEG Live's CEO and Michael Jackson were never signed since Jackson died the next day.
Putnam will point to those blank signature lines as evidence that Murray was never hired by his client. There were negotiations with Murray, but he was never paid, the AEG Live lawyer argues.
Panish, the lead Jackson lawyer, told jurors Tuesday that all the elements of an oral contract -- "just as valid as a written contract" -- were in place when Jackson died.
Murray had been treating Jackson for two months and the written contract stated that his start day was May 1, 2009. A series of e-mail exchanges involving Murray and AEG Live executives and lawyers supported his argument, Panish said.
A look at the life of Michael Jackson
Blame and damages
If the jury concludes AEG Live has liability, it would have to decide how much the company should pay in economic and personal damages to Jackson's mother and children. They can use estimates of Jackson's "lost earnings capacity" -- the amount of money he could reasonably be expected to have earned if he had lived -- to guide them.
AEG Live expert Eric Briggs testified it was "speculative" that Jackson would have even completed another tour because of his drug use, damaged reputation and history of failed projects. He suggested the star may never have earned another dime.
Putnam's closing argument about damages must overcome the impression left on jurors Tuesday when Panish played a video montage of Jackson performances.
"That is, I think, the best evidence of if Michael Jackson could have sold tickets -- not what Mr. Briggs would tell you," Panish told jurors.
Panish suggested jurors pick a number between $900 million and $1.6 billion for economic damages. They should add on another $290 million for non-economic damages -- or personal damages, he said.
Putnam argued that the number, if the jury finds AEG Live liable, should be closer to $21 million, the amount of money AEG Live's expert calculated Jackson would have given his mother and three children over the next 16 years. He couldn't have given them more because he was had a $400 million debt that ws getting deeper, he said.
"If Mr. Jackson had lived, it's hard to see how he would ever have dug himself out of that whole," Putnam said.
The last question on the verdict form asks jurors to assign a percentage that they believe represents Michael Jackson's share of blame in his death. The total damages owed by AEG Live would be reduced by that percentage.
Panish will have two hours to rebut Putnam's arguments before jury deliberations begin later Thursday.
http://www.cnn.com/2013/09/25/showbiz/michael-jackson-death-trial/index.html?sr=sharebar_twitter
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Concert Promoter's Attorney Says Michael Jackson, Doctor "Fooled Everyone"
Attorneys for the family of Michael Jackson will respond to claims that the pop star's own bad choices resulted in his death

The long-running negligence lawsuit filed by Michael Jackson's family against his concert promoter will wind down Thursday when an attorney for the pop star's mother makes a final argument in an effort to convince jurors that AEG Live LLC is liable for her son's death.

The key issue is whether AEG Live or Michael Jackson hired Dr. Conrad Murray -- serving a prison term for his involuntary manslaughter conviction -- as the tour doctor for Jackson's "This Is It" concerts in London. Plaintiffs' attorney Brian Panish said an unsigned contract drafted by AEG proves the company was Murray's employer.

But defense attorney Marvin Putnam claimed during the 21-week trial that Jackson insisted on hiring the cardiologist against objections from AEG. During closing arguments this week, he said Jackson's own "bad choices" resulted in his death.

Murray was giving the star intravenous doses of the anesthetic propofol as a sleep aid for his chronic insomnia. The drug is not meant to be used outside operating rooms where the patient can be closely monitored.

Murray administered the fatal dose of the drug after Jackson returned home from a night of rehearsing for the upcoming concerts in 2009.

"It was his money and he certainly wasn't going to take no for an answer," Putnam said. "AEG Live did not have a crystal ball. Dr. Murray and Mr. Jackson fooled everyone. They want to blame AEG for something no one saw."

Jackson family attorneys will respond to those claims during Thursday's closing argument in a trial that included emotional testimony from Jackson's children. AEG Live officials, two of whom were dismissed from the case, medical experts and others associated with Jackson and AEG Live also testified.

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

http://www.nbclosangeles.com/news/local/Michael-Jackson-Family-AEG-Lawsuit-225342262.html
 
Jurors Could Begin Deliberating Thursday In Jackson Family’s Wrongful Death Suit


LOS ANGELES (CBSLA.com) — Jurors in the wrongful death lawsuit filed by the family of the late Michael Jackson could begin deliberating the case Thursday following the conclusion of closing arguments.

Jackson family attorney Brian Panish will have the opportunity to rebut closing statements made by defense attorney Marvin Putnam at 10 a.m. Thursday.

Michael Jackson’s mother, 83-year-old Katherine Jackson, sued the concert promoting giant in Sept. 2010 on behalf of herself and her son’s three children. She claims AEG negligently hired Dr. Conrad Murray to care for the singer as he prepared for his ill-fated “This Is It” comeback concert series and wants the firm to be held liable for her son’s death.

Murray was convicted of involuntary manslaughter in Jackson’s death and sentenced in November 2011 to four years in the Los Angeles County men’s jail.

AEG officials say the pop star’s death was a matter of personal, not corporate, responsibility.

Attorneys for the company, who rested their defense Sept.18, argued Jackson maintained secrecy surrounding his medical care, including the treatment Dr. Conrad Murray provided the pop star inside his bedroom when he died from an overdose of the anesthetic propofol in June 2009.

Putnam told jurors Wednesday that AEG Live would have never hired Murray if the company had known “Jackson was playing Russian Roulette in his room every night.”

“AEG Live didn’t choose him. On the contrary, they tried to talk him out of it. They told him there are great doctors in London with some of the best hospitals in the world. They told him he didn’t need to use his money to bring his doctor with him, but Mr. Jackson was undeterred,” he continued.

Putnam also told the jury that the employment contract produced by the plaintiffs, which was said to be found in Murray’s car, was never fully signed.

After a 21-week trial, lawyers for the Jackson family began their closing statements Tuesday morning.

“Even though he accomplished more than any other musician before him, he also endured more physical, mental and emotional pain than any of us could ever have imagined,” Panish said Tuesday.


The attorney then moved to the first question jurors will be asked to determine: if AEG Live hired Dr. Conrad Murray. If the jury decides that the concert promoter did not hire Murray, the deliberation will be over and the Jackson family will lose.

Panish showed the jury a clip from a British television interview with AEG Live CEO Randy Phillips in which the executive appears to answer the question.

“We just felt this is his personal doctor he wants him 24/7, and the guy’s willing to leave his practice for a large sum of money, so we hired him,” Phillips said in the video.

Panish told the jury the contract drawn up by AEG executives called for Murray to be paid for work already performed, and argued a contract can be an oral agreement and does not have to be written.

The Jackson attorney went on to focus on an email sent by AEG co-CEO Paul Gongaware that he argued shows AEG pressured Conrad Murray into making medical decisions that cost Michael Jackson his life.

“We want to remind him that it is AEG not MJ who is paying his salary. We want him to understand what is expected of him,” the email reads.

The jury was shown a portion of video deposition where Gongaware is asked about the email and says he did not recall. Panish then played a video compilation of the instances when AEG executives testified not remembering emails they sent or received.

“They wrote the email with the King of Pop, the biggest thing they had going, and they don’t remember anything,” Panish told the jury. “Because they’ve taken the ‘ABC defense’: anybody but the company.”

Judge Yvette Palazuelos dismissed Gongaware and Phillips as defendants from the case earlier this month.

Attorneys for the Jackson family told the jury a reasonable compensation for the loss of Michael Jackson would be $85 million for each of Jackson’s three children, and $35 million for his mother, far less than the $1 billion experts in the case had predicted based on projections of what Jackson could have earned if he lived.

The jury, which could get the case as soon as Thursday afternoon, could decide AEG is only partially responsible for the singer’s death and assign a percentage of negligence to them.

http://losangeles.cbslocal.com/2013...ackson-wrongful-death-deliberations-thursday/
 
Michael Jackson verdict could shake up entertainment business model
Reuters Eric Kelsey 58 minutes ago
Brian Panish, attorney for the Michael Jackson family delivers his closing argument to jurors in packed courtroom in Los Angeles.
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Brian Panish, attorney for the Michael Jackson family delivers his closing argument to jurors in a packed …

By Eric Kelsey

LOS ANGELES (Reuters) - The wrongful death lawsuit filed by the family of late pop star Michael Jackson against his concert promoter is now in the hands of a jury, and the verdict could have far-reaching implications for how the entertainment industry does business with its biggest stars.

The 21-week trial, which has opened a window into the private life and last days of the King of Pop, has put not only concert promoter AEG Live on trial but also the entertainment industry's live-performance business model, analysts say.

After closing arguments concluded on Thursday, the judge sent the jury to deliberate and a verdict is expected some time next week, if not earlier. Jackson family lawyers have suggested in court documents that damages could exceed $1 billion.

"If AEG is found liable, that puts these companies on the line for millions and billions of dollars, and it is already causing the industry to rethink how the structure is set up," said Jo Piazza, the author of "Celebrity, Inc." and a celebrity branding consultant.

Currently, entertainment producers typically pay up-front sums running into millions of dollars to performers in exchange for being able to have greater control over some of the performers' affairs.

The lawsuit alleged that "AEG came to control much of Jackson's life. The home Jackson lived in was provided by AEG; his finances were dependent on AEG, and his assets stood security if he failed to perform." Those assets included The Sony/ATV music catalog owned by Jackson, which even includes iconic Beatles songs.

The verdict "could have a chilling effect on how much micro-management of a star's life companies like AEG and other production companies have," Piazza said.

"But the reason the micro-management even exists is to make sure that the celebrities, the talent, is in the best position possible to make money for the production company," she added.

That kind of control is the crux of the wrongful death lawsuit filed by Jackson's mother, Katherine Jackson, and his three children.

PROFITS AND RISKS

In the suit, Jackson's family alleges that privately held AEG Live, one of the world's top concert promoters, negligently hired cardiologist Conrad Murray as Jackson's personal physician and ignored signs that the singer was in poor health.

The "Thriller" singer died in 2009 in Los Angeles at age 50 from an overdose of surgical anesthetic propofol.

Murray, who was caring for Jackson as the singer rehearsed for his series of 50 comeback "This Is It" concerts, was convicted of involuntary manslaughter in 2011 for administering the propofol that killed the star.

"It's the kind of case that every entertainment lawyer is paying attention to because everybody in the entertainment industry has assistants and sometimes that entails medical attention as well," said John Nockleby, a professor at Loyola Law School in Los Angeles.

AEG Live has argued that Jackson had prescription drug and addiction problems for years before entering into any agreement with the company.

It also has said that it did not hire or supervise Murray and could not have foreseen that the physician would have posed a danger to the singer.

"They (AEG Live) chose to run the risk and make a huge profit," Jackson family attorney Brian Panish said this week in closing arguments.

"The industry is watching and waiting and seeing very much how this plays out," said Jody Armour, a law professor at the University of Southern California who specializes in personal injury claims.

"It could have a deterrent effect on corporations going forward, and how much and how aggressively they push entertainers to meet their contractual obligations," he added.

PERFORMANCE-BASED PAY

One change Piazza foresees in the industry's business model would be in how producers would start coupling an entertainer's pay together with fulfilling their contract.

"I think the big impact this trial will have is lessening those gigantic, multi-million dollar up-front payments and shifting the model towards a more back-end, profit-sharing model because then it would put the responsibility more on the talent to perform," she said. "They'll be making the money based on their performance."

But Reisman believes that the financial pressure for companies like AEG Live is too significant for a substantial change in how they operate or control artists.

"It's very, very important that AEG knew they had to meet that tour deadline," Reisman said. "Now, whether or not they knew what this doctor was prescribing, whether or not they authorized it, those are all questions for the jury."
 
AEG cared about money, not Michael Jackson, attorney says
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Michael Jackson lawsuit against concert promoter AEG Live LLC
Jackson family attorney Brian Panish makes his final argument in the Michael Jackson wrongful-death case. (Al Seib / Los Angeles Times / September 26, 2013)


By Jeff Gottlieb
September 26, 2013, 2:11 p.m.
In a final push before the case goes to jury, an attorney for Michael Jackson’s family on Thursday said that entertainment powerhouse AEG cared little about the pop star’s career and used him only to make money.

In his two-hour-long rebuttal, Brian Panish told jurors that executives for the concert promoter gave misleading testimony during the nearly five-month trial and cared little about the truth.

Panish conceded that Jackson bore some responsibility for his death from an overdose of the anesthetic propofol but that jurors should find AEG was 80% at fault and the singer 20%.

Jackson died in June 2009 after he was given propofol in his rented Holmby Hills mansion by Dr. Conrad Murray while rehearsing for his 50 comeback concerts in London. The Jacksons are suing AEG, saying the company negligently hired and supervised Murray. AEG says it was Jackson who hired the doctor.

MICHAEL JACKSON: Complete trial coverage

Panish hammered away at what could be the strongest evidence in the Jacksons' case, the emails that AEG executives wrote about Jackson's deteriorating physical and emotional condition, their relationship with Murray and their faulty memories while testifying.

"These are their emails, not mine," he said.

He attacked the testimony of AEG Live Chief Executive Randy Phillips and executive Paul Gongaware, who said during their depositions that their attorneys told them not to prepare for their testimony and not to review their emails.

"So it was in the best interest of him and AEG Live not to remember anything," Panish said.

As he had earlier, Panish played a video of AEG executives repeating some variation of "I can't recall" numerous times during their depositions.

The case is expected to be handed to the jury Thursday afternoon. Unlike a criminal case, jurors must only find by a 9-3 vote that the evidence was more likely than not that AEG was at least partly responsible for Jackson's death.

Panish has told jurors they should award Jackson’s three children $85 million each in personal damages and another $35 million to his aged mother. In addition, an economic expert testified during the trial that, had the singer lived, he could have earned $1.2 billion or more from new music, tours, merchandise, a Las Vegas show and endorsements.

Panish, speaking in much more forceful tones than he used during his closing argument earlier this week, called the defense case, "a scripted performance by AEG Live that they want to get away with.”

He said that for all of AEG's talk of helping Jackson gain redemption, that wasn't the company's goal.

“Make no mistake, AEG is a moneymaking company, and they wanted to make money," he said. "They didn’t want to help Michael do a comeback. They wanted Michael so they could make money.”
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Michael Jackson wrongful-death suit finally goes to the jury
A case with hundreds of exhibits and huge legal bills may hinge on whether jurors believe the pop star caused his own demise.

By Jeff Gottlieb
September 26, 2013, 9:14 p.m.
After a trial that started in the spring, lasted through the summer and ended in the fall, one that entailed hundreds of exhibits and staggering legal bills, the Michael Jackson wrongful-death lawsuit finally went to the jury Thursday.

What the case may come down to is whether jurors think that Jackson is to blame for his own demise by insisting on hiring the doctor who killed him, or that AEG Live executives were such poor witnesses that nothing they said can be believed.

Jackson's mother and three children contend that AEG Live negligently hired and supervised Dr. Conrad Murray, the Las Vegas physician who gave the singer a fatal dose of the anesthetic propofol to combat his severe insomnia. AEG says it was Jackson who brought Murray aboard.

AEG lawyer Marvin Putnam told jurors that Jackson used propofol as early as 1997 while on tour in Germany. The pop star's ex-wife, Debbie Rowe, testified that two German anesthesiologists turned their hotel room into a hospital suite and twice used the drug to knock out Jackson, each time for eight hours.

Putnam told jurors about several other instances where Jackson unsuccessfully asked doctors for propofol, and the warnings he received about the anesthetic's dangers.

Putnam said Jackson, 50 when he died, was responsible for his own health. "He was a grown man, and he made his own choices," Putnam said. "You know Mr. Jackson chose Dr. Murray. You know Mr. Jackson chose propofol."

On the other side, Jackson's family attorneys relied on emails that seem to offer a real-time version of thoughts and events. The emails describe concerns about Jackson's deteriorating emotional and physical condition as he rehearsed for his 50 comeback concerts in London and reveal that an AEG attorney called Jackson a "freak."

AEG Live executives testified that they didn't remember many of the emails, saying during depositions that their lawyers told them not to review the messages.

During his closing argument, Jackson attorney Brian Panish put up a video showing AEG Live Chief Executive Randy Phillips, executive Paul Gongaware and Tim Leiweke, then chief executive of parent company Anschutz Entertainment Group, using a variation of "I don't know" as many as 30 times each.

"They made a legal strategy not to remember anything when they testified under oath," Panish told jurors. "They're not credible or worthy of belief."

The emails may present the most damaging pieces of evidence against AEG.

"We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him," Gongaware wrote, seemingly undermining the claim that the doctor didn't work for the promoter.

Gongaware said he didn't recall writing it.

In another email, Phillips wrote of Murray: "This doctor is extremely successful (we check every one) and does not need this gig so he [is] totally unbiased and ethical."

Testimony showed that AEG never investigated Murray, who was actually in dire financial straits and had closed his practice to take on Jackson as his only patient for $150,000 a month.

http://www.latimes.com/local/la-me-0927-jackson-jury-20130927,0,3391624.story
 
Michael Jackson jury could award more than $1 billion

By Jeff Gottlieb
September 27, 2013, 12:00 p.m.
Only nine jurors will be needed to reach a verdict in the Michael Jackson wrongful-death trial, a case that will answer the question of whether one of the nation’s largest concert promoters is responsible for the pop stars’ overdose death as he prepared for a comeback tour in 2009.

Unlike a criminal trial, in which all 12 jurors must agree on a verdict, only nine are need in a civil case.

Jurors, who began a first full-day of deliberations Friday, must wade through weeks of testimony and a small mountain of documents, including email chains of top AEG Live executives discussing Jackson’s mental and physical health and who his personal physician – Dr. Conrad Murray – answered to.

PHOTOS: Michael Jackson | 1958-2009

Jackson’s mother and three children contend that AEG Live, an entertainment powerhouse that owns arenas and stadium around the world, aggressively pushed Jackson to pull off his scheduled “This Is It” comeback concerts in London even though his health was precarious. The suit says it was AEG that hired and controlled Murray, who administered the fatal dose of the anesthetic propofol that killed the entertainer.

AEG counters that it was Jackson, who they said had a history of doctor shopping, who brought aboard Murray.

The stakes in the case could be enormous if jurors determine that AEG is liable in Jackson’s death.

Brian Panish, the attorney for the Jackson family, urged jurors to award $85 million to each of the pop singer’s children, and an additional $35 million for his mother, Katherine Jackson.

A far more hefty sum also could be awarded the family in economic damages if jurors rule against AEG. Panish reminded jurors earlier this week that an expert witness calculated that Jackson could have earned as much as $1.6 billion if he had gone on to stage a multi-year worldwide tour, made new music and participated in a Las Vegas show later in life.

Panish invited jurors to come up with what they thought was a fair number, hinting that it should fall somewhere between $1.2 and $1.6 billion.

“We’re not looking for sympathy,” Panish said. “We’re looking for justice, full and complete.”

AEG’s attorneys, though, scoffed at the calculation, saying that its expert witness had determined that Jackson’s future earnings – had he lived – would be closer to $21 million. Jackson has a checkered history when it came to completing tours, they said.

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.
 
Re: Jacksons vs AEG - September 24/25/26 2013 - Closing Statements - News Only (no discussion)

Michael Jackson trial: More about the jurors
Friday, September 27, 2013
Miriam Hernandez

DOWNTOWN LOS ANGELES (KABC) -- The jury in the Michael Jackson wrongful death trial was behind closed doors on Friday conducting its first full day of deliberations.

Jurors have 80 days of testimony to debate. Through court documents, they have disclosed their top priorities. They elected juror No. 6 as the foreperson, a married high school physical education teacher who lives in downtown Los Angeles.

The jurors have requested two pieces of evidence: Dr. Conrad Murray's independent contractor agreement and a DVD copy of the "This Is It" documentary, which portrayed Jackson during the time his family's attorneys say his health was deteriorating.

"They're going to be looking to see what the defense has said for them to look for, is that Michael Jackson was performing very well just before his death," said legal analyst Barry Edwards.

Jackson attorney Brian Panish urged jurors in closing arguments to dismiss the movie because it was AEG that helped produce it, showing Jackson in the best light. As for Murray's contract, it would be the centerpiece of any argument dealing with the first question on the verdict form: Did AEG Live hire Dr. Conrad Murray?

About the foreperson, some Jackson fans have had questions about him. Two wrote a letter of complaint to the judge, which was later submitted into evidence. The fans asserted that the juror had noticeable eye contact with a female AEG lawyer. Fans interpreted it as flirting, but the judge did not.

"The judge did nothing with regards to the complaint and I don't believe there is much importance that can be placed on that by a third party against this juror," said Edwards.

The jurors who will decide this case are:

- Juror No. 1: A white female banker who lives in downtown Los Angeles

- Juror No. 2: A female triage nurse

- Juror No. 3: A t-shirt print businessman from West Los Angeles

- Juror No. 4: A Hispanic female customer service representative for AT&T from Whittier

- Juror No. 5: A female software engineer for JPL from Highland Park

- Juror No. 6: A white male high school physical education teacher

- Juror No. 7: A black female UCLA clinical research coordinator from Westchester

- Juror No. 8: An Asian male who works for Baxter Health Care

- Juror No. 9: A retired civil engineer

- Juror No. 10: A black male retired metal worker

- Juror No. 11: A white female retired UCLA cancer researcher

- Juror No. 12: A male DWP employee from East Los Angeles

Edwards says it's an educated and attentive group.

"Certainly they were taking a lot of notes and they were listening to the testimony quite clearly, and I think that's important to both sides," said Edwards

The jury has Monday off. They will resume deliberations on Tuesday.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9265378
 
Jurors deliberate to decide Michael Jackson wrongful death case against AEG Live
The jury of six men and six women will decide if concert promoter AEG Live is responsible for the hiring of Dr. Conrad Murray, the cardiologist serving four years for giving Michael Jackson propofol.

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BY NANCY DILLON / NEW YORK DAILY NEWS

PUBLISHED: FRIDAY, SEPTEMBER 27, 2013, 5:32 AM
UPDATED: FRIDAY, SEPTEMBER 27, 2013, 9:00 AM
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'Beat It' singer Michael Jackson was due to play 50 comeback concerts before his death in 2009.
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After five months of testimony that exposed many secrets of Michael Jackson's personal life, jurors started deliberations Thursday to decide whether concert promoter AEG Live should be held liable for the King of Pop's bizarre overdose death.

Ten deputies were sworn in to escort the jury of six men and six women around the Los Angeles courthouse during their partial sequestration with catered lunches.

A lawyer for Katherine Jackson had the last word in her billion-dollar wrongful death case earlier Thursday and portrayed AEG as a callous corporation that refuses to accept any responsibility for the alleged negligent hiring of Dr. Conrad Murray.

Murray, a Las Vegas cardiologist, is now serving four years behind bars after a different Los Angeles jury found him criminally responsible for giving Michael the surgery-strength anesthetic propofol that killed him in June 2009.

"How dare (AEG) come up here and accept no responsibility," Katherine's lawyer Brian Panish fumed in his two-hour rebuttal after AEG's final presentation Wednesday.

"Michael paid the ultimate price. He's not here," Panish said. "Sure he took propofol, but remember, every time he took propofol, he didn't die until one thing happened: an unfit, incompetent doctor in a conflict of interest situation did it in an inappropriate setting."

RELATED: 'MICHAEL JACKSON'S DEATH WAS CAUSED BY HIS OWN CHOICES,' AEG LIVE LAWYER SAYS

AEG Live has denied any wrongdoing in the case, saying Michael hired Murray way back in 2006 and never mentioned his use of propofol as a sleep aid as he negotiated to pay Murray's $150,000-per-month tour salary with an advance from AEG.

In dueling closing arguments, both sides accused the other of flawed logic.

Panish said AEG lawyers are contradicting themselves when they claim Michael "demanded" Murray on tour and "wouldn't take no for an answer" but then argue the doctor's contract wasn't binding because Michael never consented with his signature.

AEG lawyer Marvin Putnam claimed Katherine's side wants it both ways in saying Michael became an "emaciated" and "deteriorating" mess as he cracked under the pressure of his 50 comeback concerts but still would have gone on to earn more than $1 billion from multiple world tours had he lived.

Katherine, 83, was in court Thursday with daughter Rebbie, 63, and grandsons Taj and TJ. She hugged tearful fans as she left but did not speak to the press.

The trial that began last April has laid bare the "Thriller" singer's long history of opiate dependency, failed drug interventions by his relatives and the depths of his staggering personal debt.
RELATED: FULHAM REMOVES CONTROVERSIAL MICHAEL JACKSON STATUE
An LA jury found Dr. Conrad Murray criminally responsible for giving Michael Jackson propofol, which led to his death.
AL SEIB / POOL/EPA

An LA jury found Dr. Conrad Murray criminally responsible for giving Michael Jackson propofol, which led to his death.

In his closing argument to jurors Wednesday, Putnam said his client was as stunned as anyone to learn Michael had been playing "Russian roulette" with nightly propofol infusions outside a hospital setting.
He said Murray was fully licensed in four states in early 2009 and had no history of malpractice claims or overdosed patients, so AEG had no reason to suspect he would violate his Hippocratic Oath.
Still, Panish said AEG created a pressure cooker by spending $35 million on "This Is It" with only $17 million in cancellation insurance and writing a contract that pulled the plug on Murray's paycheck if Michael didn't perform.
Panish said Michael felt pressured because "he wanted to do (the tour) to make money for his children."
He said Murray felt pressure because he was about to lose his Las Vegas house to foreclosure.
Panish played a video clip of AEG Live's CEO Randy Phillips giving a TV news interview shortly after Michael's death in which he said his company "hired" Murray.
RELATED: KANYE WEST: ‘I’M THE NUMBER ONE ROCK STAR ON THE PLANET’
He tried to paint AEG as a "money-making machine" with an "army" of lawyers using "scripts" to rewrite history.
"They're trying to tell you the sky is not blue. They're trying to sell ice to people in Alaska," he said Thursday.
Panish again claimed internal AEG emails proved company honchos knew Michael was in deep distress the week before he died but put profits ahead of his personal welfare.
"The train is going down road and they're seeing these signs and what do they do? Do they stop the train to see what's going on? They just put more coal in it and keep moving straight ahead," he said. "They never found out the problem, they didn't want to know."
He urged the jury to hold AEG liable for the vast majority of the more than $1 billion he believes Michael would have earned had he lived and another $85 million in personal damages for each of his heirs.
"It wouldn't be right to allow (them) to skate down the street and clink the champagne glasses down at AEG Live," he said.
"I think Brian Panish hit it out of the ballpark. I thought it was a fabulous rebuttal," Michael's longtime criminal lawyer Tom Mesereau told the Daily News outside the courtroom.


Read more: http://www.nydailynews.com/entertai...n-case-article-1.1469274?pgno=1#ixzz2g8zXZjRQ
 
Jackson v AEG jury mulls verdict for second day
AEG Live attorney Marvin Putnam delivers his closing argument in the Michael Jackson wrongful death trial in Los Angeles on September 25, 2013.
View gallery
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AFP 3 hours ago

Los Angeles (AFP) - The jury tasked with deciding if tour promoters AEG Live should pay massive damages to Michael Jackson's family over his 2009 death resumed deliberations Friday.

The six-man, six-woman panel retired Thursday, after a last appeal from Jackson family lawyer Brian Panish, and deliberated for a couple of hours before before adjourning overnight.

Observers noted that, the longer the jury deliberates the more likely it is that they could find in favor of the Jackson family, which claims that AEG Live negligently hired Dr Conrad Murray, the physician convicted over the star's death.

Jackson died on June 25, 2009 from an overdose of the anesthetic propofol at his rented mansion in Los Angeles, where he was rehearsing for the shows at London's 02 Arena.

Murray, a cardiologist, was convicted of involuntary manslaughter in a criminal trial in 2011 for giving the drug to the star -- who suffered from chronic insomnia -- to help him sleep. Murray was jailed for four years.

View gallery."Brian Panish, attorney for Michael Jackson's family, …
Brian Panish, attorney for Michael Jackson's family, delivers his closing argument in a Los Angeles …
In the civil trial, the singer's mother Katherine Jackson, 83, alleges that AEG Live negligently hired an inappropriate and incompetent doctor and missed a series of red flags about the star's failing health in the run-up to his death.

The Jacksons want AEG Live to pay $85 million to each of the star's three children for emotional loss, and an unspecified amount for economic losses, estimated at up to $1.6 billion. AEG's lawyers call the figures "absurd."

The length of time the jury remains out could be an indicator of how deliberations are going.

This is because the juror verdict form starts with five key questions with Yes or No answers, each of which jurors have to agree with to pass on to the next question.

If they vote No to any question, with at least nine jurors in agreement, they do not need to go to the next question. And they would find that Jackson's lawyers had failed to prove their case.

View gallery."Michael Jackson's mother Katherine outside the Los …
Michael Jackson's mother Katherine outside the Los Angeles Superior Court on September 27, 2011. (AF …
The first question asks whether they agree that AEG Live hired Conrad Murray -- a key issue in dispute. The next asks if Murray was unfit or incompetent for the job he was hired for.

The third asks if AEG Live knew or should have known that Murray was unfit for the job, followed by if Conrad's incompetence harmed the Jackson family. If they get this far, jurors will be asked if Jackson's lawyers have proven the need for damages.

The jury is scheduled to deliberate from 9:30 am to 4:00 pm (1630-2300 GMT) Monday to Friday, until they reach a verdict.
 
Jurors resume work in Michael Jackson death trial
By Alan Duke, CNN
updated 10:17 AM EDT, Tue October 1, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
The first question: Did AEG Live hire Dr. Murray?
Jurors deliberated about seven hours before taking a long weekend
Lengthy deliberations would benefit the Jacksons, a lawyer suggests
A verdict would be televised

Los Angeles (CNN) -- A high school football coach is leading the jurors who will decide if a concert promoter is liable in the death of Michael Jackson.
The jury in the five-month-long trial has worked only about seven hours since deliberations began Thursday afternoon, since they took Monday off. They return to court Tuesday.
Jackson's mother and children contend AEG Live is responsible for the pop icon's death because it negligently hired, retained or supervised the doctor convicted in his death.
Jackson died of an overdose of the surgical anesthetic propofol, which Dr. Conrad Murray told investigators he was using to treat the singer's insomnia so he could rest for rehearsals. Murray is set to be released from jail later this month after serving two years for involuntary manslaughter.
The death happened just days before Jackson's comeback tour -- promoted and produced by AEG Live -- was set to debut in London in the summer of 2009.
Question No. 1
The 12 jurors must first answer the question: Did AEG Live hire Murray? The company's lawyers contend Jackson chose Murray, who had treated him for three years as a family physician, but Jackson lawyers argue the promoters chose to negotiate their own contract with the doctor so they could control him.
A so-called "smoking gun" e-mail sent by AEG Live Co-CEO Paul Gongaware 11 days before Jackson died said, "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 Jacksons also point to a television interview soon after Jackson died in which AEG Live CEO Randy Phillips said AEG Live "hired" Murray.
If jurors say yes to the hiring question, then deliberations turn to the questions of negligence. Were AEG Live executives negligent in dealing with Murray and did their negligence contribute significantly to Jackson's death?
AEG Live lawyers argue they had no way of knowing that Murray -- licensed to practice in four states and never sued for malpractice -- was a risk to Jackson. The singer was a secretive drug addict who kept even his closest relatives in the dark about his use of propofol to sleep, they contend.
Jackson lawyers contend the company's agreement with Murray created a medical conflict of interest that led him to break his Hippocratic Oath to do no harm. Murray, who was $1 million in debt, was pressured to deliver the risky treatments or else possibly lose the $150,000 monthly salary, they argue.
Executives ignored a series of warning signs that Jackson was at risk in his last weeks, including deteriorating health that included weight loss, inability to perform his trademark dances or remember lyrics to his standard songs, and paranoia, the Jacksons argue.
A sleep expert testified that the nightly propofol infusions robbed Jackson of vital REM sleep, which caused the deterioration.
Blame and damages
If jurors reach a decision that AEG Live is liable, then they'll consider other questions to determine how much in damages the promoter must pay Katherine, Prince, Paris and Blanket Jackson.
Jackson lead lawyer Brian Panish suggested a range between $1 billion and $2 billion to replace the earnings lost by Jackson's death at age 50 and the non-economic -- or personal -- damages from the loss of a father and son.
The damage award, however, would be reduced by the percentage of blame jurors decide Michael Jackson shares in his death. The Jackson lawyer suggested in closing arguments Thursday that they assigned 20% of the liability to Jackson.
Engaged jurors
Jurors appeared engaged and entertained through 21 weeks of the trial, which included dramatic testimony by Jackson's mother, son and former wife. Several jurors even applauded at the end of testimony by famed choreographer-director Kenny Ortega.
Their first notes to the judge Friday indicated that Juror No. 6 had been chosen as presiding juror -- or foreman. He is a high school physical education teacher who heads to the football field after each day of court to coach a team.
They also asked for 12 copies of the written contract AEG Live sent to Murray, a copy of the "This Is It" film -- which documents Jackson's last rehearsals -- and a DVD player.
A Jackson lawyer suggested outside of court that it would be a good sign for his side If deliberations last more than a few days -- since it indicates jurors have moved past the key initial questions.
CNN's camera will be in the courtroom when a verdict is read. Los Angeles County Superior Court Judge Yvette Palazuelos approved the network's request last week to televise the closing arguments and verdict. She refused a request in April to allow cameras in court for the opening and testimony phase.
 
Michael Jackson trial: Conrad Murray's lawyer weighs in

Miriam Hernandez

DOWNTOWN LOS ANGELES (KABC) -- Inside Men's Central Jail, Conrad Murray is in the final month of his incarceration, finishing a two-year term for involuntary manslaughter in the death of Michael Jackson. His official release date is Oct. 28.

"For him, every night is an eternity," said Murray's appeals lawyer Valerie Wass.

Wass says Murray has been following the five-month civil case in which jurors are asked if concert promoter AEG Live hired him, and if so, were they negligent in supervising him.

Wass believes the jury may get stuck on the second question on the verdict form, which is essential for the Jackson attorneys to prove to win the lawsuit. The question is: "Was Conrad Murray unfit or incompetent to perform the work for which he was hired?"

Wass say Murray's understanding of the work for which he was hired was to treat Jackson's dehydration after laborious performances.

"There was no mention of any sleep issues or addiction issues or addiction issues or anything like that. In fact my client has maintained all along that he did not know about Jackson's addiction and that Jackson kept that from him," said Wass.

Wass says Murray's record shows he was fit as an internist to provide basic medical care for Jackson and his family.

The Jackson attorneys assert that AEG created a conflict of interest for Murray and that they should have looked further into the doctor's financial background to find out he was in debt. Wass rejects that reasoning.

"What is the difference if you and I go into a doctor, and a doctor is having financial problems and the doctor recommends surgery? Should we question it because the doctor is having financial difficulties? We wouldn't know that," said Wass.

Speaking from jail, Murray maintains he did not deliver the fatal dose of propofol and that he wants the medical board to restore his license. Wass is appealing his conviction.

"I'm pretty certain that if his conviction is affirmed on appeal that he would lose his license. If that doesn't occur, then it will be a fight to prove that what happened was an aberration and not something that speaks of his entire history and ability as a doctor," said Wass.

Meantime, the jury has not reached a verdict in the wrongful death trial. Jurors return on Wednesday to continue deliberations.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9270248
 
Jury resumes deliberations in Jackson wrongful death case
(AFP) – 13 hours ago
Los Angeles — The jury mulling whether tour promoters AEG Live should pay huge damages to Michael Jackson's family over his 2009 death resumed deliberations Tuesday, a court spokeswoman said.
The six-man, six-woman panel -- which has been meeting since Thursday afternoon after a five-month trial in Los Angeles -- did not deliberate on Monday.
Observers note that the longer the jurors deliberate, the more likely it is they could find in favor of the Jackson family, which claims AEG Live negligently hired Conrad Murray, the physician convicted over the star's death.
Jackson died on June 25, 2009 from an overdose of the anesthetic propofol at his rented mansion in Los Angeles, where he was rehearsing for the shows at London's O2 Arena.
Murray, a cardiologist, was convicted of involuntary manslaughter in a criminal trial in 2011 for giving the drug to the star -- who suffered from chronic insomnia -- to help him sleep. Murray was jailed for four years.
In the civil trial, the singer's mother Katherine Jackson, 83, alleges that AEG Live negligently hired an inappropriate and incompetent doctor and missed a series of red flags about the star's failing health in the run-up to his death.
The Jacksons want AEG Live to pay $85 million to each of the star's three children for emotional loss, and an unspecified amount for economic losses, estimated at up to $1.6 billion. AEG's lawyers call the figures "absurd."
The length of time the jury deliberates could be an indicator of how jurors are leaning.
This is because the juror verdict form starts with five key yes-no questions.
If they vote "no" to any question, with at least nine jurors in agreement, they do not need to go to the next question, and they would find that Jackson's lawyers had failed to prove their case.
The first question asks whether they agree that AEG Live hired Murray -- a key issue in dispute. The next asks if Murray was unfit or incompetent for the job.
The third asks if AEG Live knew or should have known that Murray was unfit for the job, followed by a query on whether Murray's incompetence harmed the Jackson family.
If they get this far, jurors will be asked if Jackson's lawyers have proven the need for damages.

http://www.google.com/hostednews/af...1A?docId=5f25396f-2de5-4eda-8487-38d1a7959773
 
Michael Jackson verdict: Family gets no money in huge AEG victory
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AEG attorney Marvin Putnam smiles during verdict polling at the conclusion of the Katherine Jackson v. AEG Live civil trial in Los Angeles County Superior Court. The jury found AEG not liable in Michael Jackson's death. AEG attorney Jessica Stebbins Bina is at left.
CAPTIONS
1/13
By Jeff Gottlieb, Ruben Vives, Victoria Kim
October 2, 2013, 4:20 p.m.
Entertainment giant AEG Live scored a major win in the Michael Jackson case after a Los Angeles jury unanimously decided that the concert promoter was not liable in the singer's death.

The jury -- which found that AEG hired Dr. Conrad Murray and that he was a competent doctor -- did not award any money to the singer's mother Katherine Jackson or his three children. They had been seeking damages of more than $1 billion.

It took only three days for the jury to reach the verdict after a five-month trial that included dozens of witnesses.


Immediately after the verdict, jurors agreed to talk to attorneys behind closed doors. They have yet to address reporters.

But in a written statement, AEG's lead attorney, Marvin Putnam said: “The jury’s decision completely vindicates AEG Live, confirming what we have known from the start -- that although Michael Jackson’s death was a terrible tragedy, it was not a tragedy of AEG Live’s making."

Randy Phillips, an AEG executive named in the lawsuit, said in a statement: "We lost one of the world’s greatest musical geniuses, but I am relieved and deeply grateful that the jury recognized that neither I, nor anyone else at AEG Live, played any part in Michael’s tragic death."

Katherine Jackson left the courthouse without talking to reporters.

Several fans had gathered to hear the verdict.

"I don't like it," said Leslie Cole, 41. "I really don't like it."

Barbara De L'orme, 42, of Studio City, wore a T-shirt with a picture of Katherine Jackson. She said she felt devastated by the verdict.

"My heart is broken," she said. "This was the greatest artist that we ever had and they treated him like this. The evidence was right there."

Jackson’s mother and three children brought the lawsuit, saying AEG Live hired and supervised Murray, who gave Jackson the fatal dose of the anesthetic propofol.

The family’s attorney painted a picture of a cold, calculating entertainment enterprise that failed to notice that Murray was financially desperate and then pushed the physician to get Jackson ready to tour even though the singer was in frail health and was crippled by fear.

"They're going to kill me, they're going to kill me,'" Jackson’s eldest son, Prince, testified, recalling the singer's words in one his final conversations with his father.

The Jackson family’s legal team asked jurors to award $85 million to each of the pop star’s children and another $35 million to his mother. In addition, lawyers suggested AEG be asked to pay as much as $1.5 billion in economic losses.

AEG tried turning the tables during the trial, all but putting Michael Jackson on trial. AEG said Jackson was the one who brought aboard Murray and that the singer was a fully-formed drug user who had demanded anesthetics as a sleep aid during earlier tours. AEG said it was Jackson who planted the seeds of his demise.
 
AEG not liable in Michael Jackson's death, jury finds
By Alan Duke, CNN
updated 7:54 PM EDT, Wed October 2, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
NEW: Juror says they believed Dr. Conrad Murray was capable, but not ethical
The jury said AEG had hired Murray but was not liable for Jackson's death
AEG CEO says Jackson was friend, but his company wasn't part of 'tragic death'
Jackson died just days before his 2009 comeback tour was set to kick off

Los Angeles (CNN) -- A Los Angeles jury decided Wednesday that AEG Live hired Dr. Conrad Murray, but also concluded that the concert promoter was not liable for Michael Jackson's drug overdose death.
The jury decided that Murray was competent, so even though AEG Live hired him, it was not liable for Jackson's death and didn't owe the Jackson family millions of dollars in compensation.
"I counted Michael Jackson a creative partner and a friend," the company's CEO Randy Phillips said. "We lost one of the world's greatest musical geniuses, but I am relieved and deeply grateful that the jury recognized that neither I, nor anyone else at AEG Live, played any part in Michael's tragic death."
The verdict brings the five-month-long trial to a close.
The jury accepted AEG Live lawyers' arguments that the company was not negligent because its executives had no way of knowing that Murray -- licensed to practice in four states and never sued for malpractice -- was a risk to Jackson. The singer was a secretive drug addict who kept even his closest relatives in the dark about his use of propofol to sleep, they contended.
Jackson's mother, Katherine, and the singer's three children sued AEG Live in 2010, arguing that the company's negligence in hiring, retaining or supervising Murray was a factor in the singer's June 25, 2009, death.
Jackson died of an overdose of the surgical anesthetic propofol, which Murray told investigators he was using to treat the singer's insomnia so he could rest for rehearsals. Murray is set to be released from jail later this month after serving two years for involuntary manslaughter.
Jackson died just days before his comeback tour -- promoted and produced by AEG Live -- was set to debut in London in the summer of 2009.
"We felt (Murray) was competent" to be Jackson's general practitioner, said juror Greg Barden. "That doesn't mean we felt he was ethical."
Barden said jurors thought the second question -- which said, "Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?" -- was confusing and took some time, and several votes, to work out. In the end, they voted 10-2 to answer "No."
He said one of the key pieces of evidence was the contract between Murray and AEG.
"The jury's decision completely vindicates AEG Live, confirming what we have known from the start -- that although Michael Jackson's death was a terrible tragedy, it was not a tragedy of AEG Live's making," attorney Marvin Putnam said in a written statement.
Murray's lawyer, Valerie Wass, let out a gasp when she heard the decision and was visibly shaken.
Because jurors concluded that AEG Live was not liable, they did not consider other questions on the verdict form that would have determined how much in damages the promoter would have paid Katherine, Prince, Paris and Blanket Jackson.
Jackson lead lawyer Brian Panish suggested a range between $1 billion and $2 billion to replace the earnings lost by Jackson's death at age 50 and the non-economic -- or personal -- damages from the loss of a father and son.
The damage award, however, would have been reduced by the percentage of blame jurors decided Michael Jackson shared in his death. The Jacksons lawyer suggested in closing arguments that they assign 20% of the liability to Jackson.
AEG's lawyers had contended Jackson chose Murray, who had treated him for three years as a family physician, but Jackson lawyers had argued the promoters chose to negotiate their own contract with the doctor so they could control him.
The case is unlikely to end with the jury's verdict because Jackson lawyers have said they have grounds for an appeal, which could take years to decide.
Jurors appeared engaged and entertained during the 21-week trial that included dramatic testimony by Jackson's mother, son and former wife.
 
Jury: Concert promoter not negligent in Jackson death

A Los Angeles jury has rejected a claim that the promoter of Michael Jackson's comeback concerts was negligent in hiring the doctor who killed the superstar with a drug overdose. The case was filed by Jackson's mother. (Oct. 2)
William M. Welch, USA TODAY 7:59 p.m. EDT October 2, 2013
Jurors have reached a verdict in the Michael Jackson wrongful death civil trial.

AP Jackson-AEG -What-ifs
(Photo: Joel Ryan, AP)
STORY HIGHLIGHTS
Jackson died in June 2009 of an overdose of the drug propofol
Murray was found guilty in November 2011 of involuntary manslaughter in the death
AEG Live contends it was pressured by Jackson to hire Murray as his personal physician
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LOS ANGELES – A jury ruled Wednesday in favor of concert promoter AEG Live, finding it was not liable in the death of singer Michael Jackson.

Katherine Jackson, Michael Jackson's mother, brought the case against AEG Live LLC, the giant concert promoter that was producing the singer's comeback concerts, arguing that the promoter was negligent in hiring the physician who administered the drug that killed him.

The jury of six men and six women returned their verdict on the third full day of deliberations after a bitterly contested trial that lasted five months in a Los Angeles courtroom.

To reach a verdict, only nine of the 12 jurors needed to agree; A unanimous verdict was not required.

Jackson died in June 2009 of an overdose of the drug propofol, which is intended for use in surgery at hospitals.

Following a trial, Conrad Murray was found guilty in November 2011 of involuntary manslaughter in Jackson's death for giving the singer an overdose of propofol as a sleep aid. Just who was responsible for hiring Murray to take care of Jackson before his comeback concerts was at the heart of the family's negligence claim.

The jury ruled that AEG did hire Murray, but also ruled that Murray was not unfit or incompetent to perform the job he was hired to do. Under a series of questions the judge presented to the jury as a way of arriving at a verdict, that finding led directly to a verdict in favor of the promoter.

"Michael Jackson was used to getting his way,'' juror Kevin Smith said outside the courthouse after the verdict.

"He could pretty much get what he wanted... Anybody that said 'no,' they were out of the mix and he'd find somebody else.''

AEG Live General Counsel Shawn Trell voiced relief at the verdict. "It's nice to have this in the rear-view mirror,'' he said.

Marvin Putnam, attorney for AEG Live, said his client never considered trying to end the case by negotiating a settlement with the Jackson family because "They werent going to allow themselves to be shaken down.''

He said Jackson had a long struggle with addiction, and ultimately what he did in the privacy of his home was beyond the promoter's control.

"What really happened behind those locked doors? That was between Michael Jackson and his physician,'' Putnam said.

Jackson's lawyers depicted the company as being more concerned with the profits a successful concert run could generate than the singer's well-being.

Brian Panish, lawyer for Jackson's mother, urged the jury to find that defendant AEG Live LLC and Jackson shared responsibility for hiring Murray, who is serving a prison sentence.

AEG Live contends it was pressured by Jackson to hire Murray as his personal physician. Attorneys for the promoter argued that Jackson and Murray deceived the promoter by concealing that Jackson, who complained of chronic insomnia, was receiving the anesthetic propofol nightly in his home as a sleep aid.

Panish urged the jury to find that AEG hired Murray without considering whether he was fit for the job.

"Propofol might not be the best idea," Panish said. "But if you have a competent doctor, you're not going to die."

Panish contended that AEG executives including CEO Randy Phillips and co-CEO Paul Gongaware disdained Jackson and pointed to an e-mail in which an AEG attorney referred to Jackson as "the freak."

"They're a money-making machine," Panish said. "All they care about is how much money is this freak going to make for them."

Both executives were initially named as defendants but were dismissed from the case during the trial.

Panish showed jurors details of a contract that was drafted by AEG Live but only signed by Murray. He said it proved that AEG wanted to control the doctor.

AEG Live attorney Marvin Putnam told jurors that Jackson insisted on hiring Murray despite objections from AEG Live. The company told Jackson there were great doctors in London, where his concerts would be held, but the singer insisted, Putnam said.

"It was his money and he certainly wasn't going to take no for an answer," he said.

AEG attorneys showed the jury excerpts from the documentary film about the failed Jackson comeback, This Is It, to demonstrate that Jackson appeared in top form just 12 hours before he died.

"AEG Live did not have a crystal ball," Putnam said. "Dr. Murray and Mr. Jackson fooled everyone. They want to blame AEG for something no one saw."

He contended AEG would have pulled the plug on the concerts had it been aware Jackson was receiving the powerful drug.

"AEG would have never agreed to finance this tour if they knew Mr. Jackson was playing Russian roulette in his bedroom every night," Putnam told jurors.

Panish said AEG should pay $85 million in personal damages to each of Michael Jackson's three children, and $35 million to the singer's mother.

But potential economic damages could be larger. Attorneys for the Jackson family argued that had he lived, the singer could have made as much as $1.5 billion from the concerts, music, endorsements and related revenue streams.

Putnam, the AEG attorney, dismissed those calculations and presented expert testimony putting economic damages far lower, at close to $21 million. AEG also presented testimony showing Jackson had a history of erratic behavior and canceled shows.
 
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