I shake my head in disbelief.I don't know about the others, but I do still think she is a sweet lady. I think she is wrong to pursue this appeal, and I would not be surprised to find that she is under pressure from various parties (lawyers, family, etc.) to do so. I have a hard time believing she came up with this jury misconduct angle on her own. And even if there was no outside pressure, I would still think she is a sweet lady who is in the wrong and being stubborn.
When I said I still thought Ms. Jackson was "sweet lady", I was referring to her demeanor that I have personally observed. Now granted, the amount of time I saw her speak directly was very short, and she was surely doing her best to appear kind and gentle while testifying. But since I don't have any firsthand evidence of her yelling at people, or speaking angrily or maliciously, I don't see any reason to change my opinion of her *demeanor*.I shake my head in disbelief.
The disbelief that Katherine Jackson is just in the wrong and being stubborn. I just don't see how that qualifies her to be "sweet."
In defining the word "sweet" as it applies to the reference that describes Katherine Jackson, that of being "marked by gentle good humor or kindliness," I tend to disagree. If your only intent is to drag your main beneficiary, who you have the usual manner of financial means, than "sweet" is not an adjective I would aptly apply to Katherine Jackson. If you find the justification that a mother should be loyal to her other children and to leave them an inheritance, because Katherine feels that this is what Michael would have wanted, Katherine only need to reread the Will that her deceased son left. It is not sweet at all to justify going around Michael's wishes this way!
And I understand that as well. I don't know what the fans know with respect to Ms. Jackson, and I am certainly not saying that fans should view her as a sweet old lady. All I have to go on is what I saw in court and her subsequent decision to file an appeal. And I am not discounting the possibility that she is not a sweet lady at all and that I was fooled by a good performance. There may be a degree of willful ignorance on my part to not want to believe she is not as nice as she seems but for now I am OK with that.Thanks for the response. But I think her pass with many fans has run out. Manipulated or not, there is a side there of entitlement and greed in my opinion that is all her own.
I don't know if my mind is playing games with me, but didn't each of the jurors was asked if they agree with the verdict and they answered yes?
So, how can this, "In this same conversation I was also told that a few jurors had expressed dissatisfaction with the verdict be possible? I don't understand why they didn't express their concern before the verdict was read?
I hope this is just a lie from the attorneys.
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It isn't a lie.I don't know if my mind is playing games with me, but didn't each of the jurors was asked if they agree with the verdict and they answered yes?
So, how can this, "In this same conversation I was also told that a few jurors had expressed dissatisfaction with the verdict be possible? I don't understand why they didn't express their concern before the verdict was read?
I hope this is just a lie from the attorneys.
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It isn't a lie.
The official and final vote we took for question 2 resulted in a 10-2 for "no". 10 of us said no, CM was not unfit or incompetent to perform the work for which he was hired. 2 voted yes.
When we were questioned in court, we were each asked to say "yes" if indeed "no" was our individual answer to question 2. So 10 of us should have said "yes", and the two jurors who voted "yes" in our vote should have said "no". For whatever reason, those 2 jurors didn't say "no". So it would appear that it was a unanimous answer to question 2 if you just look at when we were questioned in court. But again the vote we took in deliberations was actually 10-2.
The confusion at the end bothered me a lot, because I really feel like it could have been avoided if we just spent a little more time in deliberations. We had a double negative question on the verdict form, were later asked to say "yes" if we had answered "no" to the double negative, and on top of that had a slight language barrier issue with a juror when we were questioned. If we had gone through everything more thoroughly and spent more time fleshing everything out in deliberations, I'm pretty sure we would have avoided that confusion even if the vote may have had the same result.
I also think that some jurors' dissatisfaction with the way we arrived at the verdict (being unhappy w/ how our foreman handled deliberations) may have bled over into being dissatisfied with the verdict itself.
To be honest I don't know their reasoning, and again I think that shows that we went too quickly from the final vote to buzzing the court. I do have my own gut feelings about their reasoning, but since it would ultimately be speculation on my part I don't think it would be prudent or fair to those jurors for me to express them here.Thanks for the information.
It would have been nice if all you came out of the deliberation room in agreement with the verdict but still, those two jurors have the opportunity to say "no".
I don't know if it is possible or even permissible, but can you tell us what reasons these two jurors had to believe Murray was not competent at the time or hiring?
Something else. While I don't think it is correct, I think you may be right in thinking the two jurors dissatisfaction with the verdict might be a mirror of their feelings towards the foreman. Thanks again.
yes. as far as I can understand / know, they are asking Judge Panzuelos for a retrial. After their notice of intent they have 10 days to file their motion, AEG has 10 days to respond. The court needs to hear it as soon as possible which looks like will be January 3rd. Then she will make a decision. I would imagine allowing a retrial to happen would be a small possibility and then we will see appeals. Jacksons appealing the verdict if the Judge Panzuelos denies their motion of a new trial and AEG appealing if she allows it.
"During our deliberations, I asked to send a question to the judge to explain Question 2, but by then the foreman had already answered 'no' and followed the instructions to sign the form," one said. "I feel so cheated because I sat through five months of trial and listened to a lot of evidence on the ethical conflict created -- yet I never got to even deliberate at all on that issue or even review the hundreds of exhibits that had been brought in."
@Ivy. Please, help me understand this. The questions in the verdict form are they standard or they change according to each case?
This doesn't make sense to me. "Another juror said they decided not to ask the judge for direction on the second question because "we did not want anyone to know where we were in deliberations." They didn't want anyone to know they were in question 2? I think I'm missing something.
Sorry to ask another question. Can question 2 be modified if a lawyer makes the request? And if not, why are these attorneys hammering on it?
we have the words of 4 jurors. even if the plaintiffs are credited with those 4 jurors, they still fall shorts of the quota needed to win. the plaintiffs needed at least 9 jurors on their side to win. and that was HIGHLY unlikely.
ivy;3938675 said:I think Question 2 was wrong/confusing etc. argument is a hard one to win because it's the standard wording in the California jury instructions. See below for the jury instructions.
California Civil Jury Instructions (CACI)
426. Negligent Hiring, Supervision, or Retention of Employee
[Name of plaintiff] claims that [he/she] was harmed by [name of employee] and that [name of employer defendant] is responsible for that harm because [name of employer defendant] negligently [hired/ supervised/ [or] retained] [name of employee]. To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of employee] was [unfit/ [or] incompetent] to perform the work for which [he/she] was hired;
2. That [name of employer defendant] knew or should have known that [name of employee] was [unfit/ [or] incompetent] and that this [unfitness/ [or] incompetence] created a particular risk to others;
3. That [name of employee]’s [unfitness/ [or] incompetence] harmed [name of plaintiff]; and
4. That [name of employer defendant]’s negligence in [hiring/ supervising/ [or] retaining] [name of employee] was a substantial factor in causing [name of plaintiff]’s harm.
I hate to sound like a broken record, but again this discrepancy is a direct result of the way our foreman handled deliberations. Obviously he was not going to tell the media that he rushed us through deliberations, but the confusion and anger on the part of some jurors says otherwise.Hmm, a couple of those jurors make it seem like they were rushed however, immediately after the verdict, the foreman said it went down with multiple votes and a night's reflection:
"We started looking at the wording of it and realized everybody was not comfortable with that," Barden explained to reporters outside of a Los Angeles courthouse following Wednesday's verdict.
"We spent the morning clarifying the question in our minds and to each other, and again votes changed," Barden added. "I'd say at least three or four times (votes changed) before we were able to come to the final tally."
Juror#27?
I remember that when that juror said we should ask the judge about question 2, many of us said that we should try to figure it out ourselves since we had a huge stack of jury instructions in front of us and we are all reasonably intelligent people. Someone did make the point that if we asked for clarification on the question it would alert everyone about where we were in deliberations, but that was not the reason we decided not to buzz and ask the judge.This doesn't make sense to me. "Another juror said they decided not to ask the judge for direction on the second question because "we did not want anyone to know where we were in deliberations." They didn't want anyone to know they were in question 2? I think I'm missing something.
Personally I don't think that was confusing. Murray was hired to provide general health care to MJ. but was it unfit or incompetent to do that? absolutely not. he was a cardiologist who had previously treated MJ and his kids with no prior incident of misconduct.
However Murray never performed the job he was hired for. he was trying to treat MJ for insomnia at the direction of MJ which AEG was not aware of and there was no way AEG could have known since both Murray and MJ refused to tell anyone else. in any case, his treating of MJ for insomnia is not what he was hired for. hence he was unfit and incompetent to treat MJ for insomnia simply because he lacked the relevant qualification and expertise.