Wednesday, October 2, 2013
Jurors resume work in Jackson death trial
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. 
Kenny Ortega: He was chosen by Michael Jackson and AEG Live to direct and choreograph the "This Is It" shows. Ortega, who choreographed for Jackson's "Dangerous" and "HIStory" tours, testified at Dr. Conrad Murray's criminal trial that "Jackson was frail" at a rehearsal days before his death. 
Dr. Conrad Murray: He was Michael Jackson's personal physician in the two months before his death, giving him nightly infusions of the surgical anesthetic that the coroner ruled led to his death. Murray, who is appealing his involuntary manslaughter conviction, has sworn that he would invoke his Fifth Amendment protection from self-incrimination and refused to testify in the civil trial. There is a chance that Murray will be brought into court from jail to testify outside the presence of the jury to allow the judge to determine if he would be ordered to testify. 
Joe Jackson: Michael's father, 84, is on the witness list for the trial and may testify. The Jackson family patriarch, who lives in Las Vegas separately from his wife, has suffered several ministrokes in the last year, which some close to him say have affected him. 
Prince Jackson: Michael's oldest son is considered a key witness in the Jacksons' case against AEG Live, since he is expected to testify about what his father told him about the concert promoter in the last days of his life. Prince, who turned 16 in February, is becoming more independent -- he now has a driver's license and jobs. 
Paris Jackson: Michael's daughter, who turned 15 on April 3, is on the list of witnesses and was questioned by AEG Live lawyers for several hours on March 21 about her father's death. Paris is an outspoken teen who often posts messages to her 1 million-plus Twitter followers. 
Blanket Jackson: Although AEG Live asked the judge to order Blanket, 11, to sit for a deposition, and he is one of the four plaintiffs suing them, Michael's youngest son will not be a witness in the trial. His doctor submitted a note to the court saying it would be "medically detrimental" to the child. 
Randy Phillips: He's president of AEG Live, the concert promoter that contracted with Michael Jackson for his "This Is It" comeback shows set to start in London in July 2009. The Jackson lawsuit says Phillips supervised Dr. Conrad Murray's treatment of Jackson in the weeks before his death, making the company liable for damages. E-mails between Phillips and other executives showed they were worried about Jackson's missed rehearsals and sought Murray's help getting him ready. 
Kevin Boyle: The Los Angeles personal injury lawyer is leading the Jackson team of at least six attorneys in the wrongful death suit against AEG Live. One of his notable cases was a large settlement with Boeing on behalf of two soldiers injured when their helicopter malfunctioned and crashed in Iraq. 
Perry Sanders, Jr.: Katherine Jackson's personal lawyer is helping steer the Jackson matriarch through her relations with her son's estate, probate court and the wrongful death suit. He is also known for representing the family of Biggie Smalls in their suit against the city of Los Angeles over the rapper's death investigation. 
Marvin Putnam: He's the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is "media in defense of their First Amendment rights," according to his official biography. 
Philip Anschutz: The billionaire owner of AEG, parent company of AEG Live, is on the Jacksons' witness list. He is the force behind the effort to build a football stadium in downtown Los Angeles to lure a National Football League team to the city. He recently pulled his company off the market after trying to sell it for $8 billion. 
Tim Leiweke: He was recently fired as AEG's president as Philip Anschutz announced he was taking a more active role in the company. The Jackson lawyers say Leiweke's e-mail exchanges with executives under him concerning Michael Jackson's health are important evidence in their case. 
Paul Gongaware: The AEG Live co-CEO worked closely with Michael Jackson as he prepared for his comeback concerts. He testified at Dr. Conrad Murray's criminal trial that he contacted the physician and negotiated his hiring at the request of Jackson. AEG lawyers say it was Jackson who chose, hired and supervised Murray. Gongaware knew Jackson well, having been tour manager for the singer in previous years. 
John Branca: He's one of two executors of Michael Jackson's estate. Branca was Jackson's lawyer until about seven years before his death. He said Jackson rehired him just weeks before he died. 
- NEW: Jurors deliberate nearly 11 hours over 3 days
- The first question: Did AEG Live hire Dr. Murray?
- Lengthy deliberations would benefit the Jacksons, a lawyer suggests
- A verdict would be televised
Los Angeles (CNN) -- Jurors deciding if a concert promoter is liable in Michael Jackson's death will return for a fourth day of deliberations Wednesday.
The panel of 12 worked nearly 11 hours since closing arguments Thursday without reaching a verdict, a fact that might offer encouragement to the lawyers for Jackson's mother and three children.
A "no" decision on the first of 16 questions on their verdict form -- Did AEG Live hire Dr. Conrad Murray -- would have immediately ended the trial without a need to consider the remaining 15 questions that concern negligence and damages.
If they've already completed work on the first question in nearly 11 hours of deliberations, it would represent a major hurdle for the Jacksons' case in the five-month-long wrongful death trial.
Katherine Jackson and her grandchildren Prince, Paris and Blanket 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
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, deliberations then 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.
Source : http://rss.cnn.com/~r/rss/edition_entertainment/~3/U2GUHwcQ7oo/index.html
