Kathryn Cahan for AEG asked in re-cross, “If Paul Gongaware offered you $150,000 a month it would be less than what you'd get for being a witness at $1,000 per hour?” Dr. Metzger answered, “Yes, the math is correct, but I also said I'd not do this full time.”
Dr. Metzger recalled overuse of Demerol and some sleep drug issues as being a problem during the Dangerous tour. In 1993, when Jackson went to rehab, Dr. Metzger said he learned about it either though Debbie Rowe or Karen Faye or maybe the press. Cahan played video deposition of Dr. Metzger where he said he treated Jackson after he went to rehab and never discussed it with Michael. Cahan asked, “Did you discuss Jackson's addiction to painkiller even after learning from the press he entered rehab and continued as his physician?” Dr. Metzger said, “I discussed that in the late 90's a few times.” Dr. Metzger agreed Jackson said he had an addiction to painkillers, he had said that in the Dangerous tour. "I believe I prescribed mild opioids, vicodin, for significant pain," Dr. Metzger said. This was after Jackson had left rehab.
As to Latisse, the doctor said the prescription was for both Jackson and Faye. He believes this was during the Dangerous tour. Metzger said he was more involved in the 90's than 2000's. From 2003-09, he was involved only by phone, asked about kids, minor medical issues. Dr. Metzger is excused.
Brian Panish, attorney for the Jacksons, called his next witness, attorney Eric George. George is an attorney for 20 years. He practices civil litigation matters involving businesses. Panish asked, “Have you ever socialised with me, had dinners with me?” George replied, “Not once. I'm very careful the company I keep.” Everyone laughed. He’s represented Debbie Rowe for the past 8 years. Panish asked how George became Dr. Metzger's attorney. He said he received a phone call asking if he would be willing to represent him. Panish inquired if he was being paid by Panish's firm to represent Dr. Metzger. George said no, nor would he accept it. “It would be inappropriate. I'm here to represent the witness, to tell the truth and let the chips fall wherever they may,” Said George.
Marvin Putnam, in cross asked, “ When did you decide you were going to testify?” George said, “It was discussed yesterday after an incorrect answer was given.” George said it was suggested that he was being paid about one side. "It concerned my reputation and I wanted to clear that up. It was something I'd never agree to," he testified." I was glad to do it and get the record straight. Asked if he was working for Dr. Metzger for free George said no, he told the court he was being paid much less than the regular rate. George never met Dr. Metzger before this case, but said he heard about him from Debbie Rowe. Putnam asked if he thought it was a conflict of interest to represent Rowe and Dr. Metzger. George said there's no conflict of interest. "I'm proud of saying that I've never been accused of conflict of interest or unethical conduct and I want to keep it that way," George said. Putnam asked why George agreed to represent Dr. Metzger. "One of the most important issues of this time is corporate accountability and responsibility," George said. Putnam asked, “You made a determination about the outcome of this case?” George responded, “I do have strong feelings about this case, yes.”
George was then excused. Plaintiffs told the court they are resting, pending some issues that are not resolved yet. Both sides stipulated that the total attendance in the U2 concert at the Rowe Bowl on 25 Oct 2009 was approximately 97,000. Judge adjourned trial until Monday morning.
After jurors left, Kevin Boyle tells judge in order to not lengthen the trial even further they'll not show Sony's raw footage of This Is It. Judge Palazuelos noted that it looks like jurors are ready to end this trial and resume their normal lives.
The Plaintiffs want the judge to rule that Katherine Jackson was dependent on Jackson for necessities of live. The defence want the judge to deny the motion, leaving the jury to make the decision before they can award Katherine Jackson any money. If Mrs. Jackson is considered to be dependent of Jackson, she has no standing in bringing in the lawsuit.
Jessica Stebbins Bina for the defence argued for 3 years Mrs. Jackson was getting $120,000 a year from her daughter Janet. Bina said Jury could find Mrs Jackson was not dependent upon Michael Jackson for the necessities of life but accepted generous gift to have nicer things. Bina added that a reasonable person could determine that earning $120,000 a year is enough for food, clothing and shelter. Bina argued not withstanding how generous Jackson was to his mother, the fact is she did not need him to live.
For the defence Kevin Boyle said the support that Jackson was giving to Mrs. Jackson was not really disputed. Ackerman testified that Jackson was paying for many expenses at Hayvenhurst, such as utilities, transportation, food, mortgage. Boyle argued that the word "need " is not in any of the case laws. It's whether they were dependent, to some extent, for necessities of life. Boyle said defendant's expert admitted Jackson paid Mrs. Jackson's necessities of life.
Judge Palazuelos asked if there was record of how money Janet gave Mrs. Jackson was spent. Her money could be for the niceties. The judge said being dependent doesn't have to be how much Jackson contributed. The Judge added that in this case is Mrs. Jackson is an 83 year old woman, she doesn't work, she's dependent on her children to take care of her.
After an hour deliberating the judge ruled the matriarch is entitled to seek compensation for the death of Michael Jackson.
The jury has received instructions from the judge..
With the instructions, jurors now have a legal road map to lead them to a verdict. The first question could end the case. Did AEG hire Murray? If the answer is no, the case is over.
But the jury has three other choices, including an option that AEG and Jackson both hired the doctor.
It's the Jackson side that has the burden of proof. If AEG played a role in hiring Murray, it must also prove four other points as well, including that AEG knew or should have known that Murray would be a negligent doctor.
The AEG defense has two points to prove: that Jackson did not use reasonable care to provide for his own well being and that his failure was a substantial factor in causing his harm.
Next will be closing statements from the Jacksons followed by AEG Live.
The AEG defense has two points to prove: that Jackson did not use reasonable care to provide for his own well being and that his failure was a substantial factor in causing his harm.
If the jury act on the evidence then they should conclude that AEG have proved these 2 points. Case closed.
The family seem to ignore Conrad Murray was known to Michael Jackson since 2006 and there's no suggestion AEG were involved. Also the evidence is Jackson had asked Murray to go on tour and Propofol had been ordered before AEG knew of Murray's involvement.
Day 85 The Jacksons closing arguements, reported by ABC7 News, includes video of court proceedings and video used by the family.
"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."
If the Jury find AEG liable for Jackson's death the family attoneys claim Katherine deserves the $35m AEG spent preparation the o2 shows. The final total claimed is $325 million in noneconomic damages and $1.2 billion in economic damages. A grand total of over $1.5 billion.
The Judge moved to a larger courtroom and allowed live video streaming, but no live tweets or emails.
Katherine and TJ Jackson present, they are co-guardians of the children. Also present was Rebbie and Taj Jackson.
Live video streaming will continue tomorrow at ABC7.
According to New York Daily News the judge told the jury on Monday that only nine had to reach agreement on whether AEG hired, retained or supervised Murray though a contract that was written, oral or created by intentional conduct.
Thank you i4u for all your updates - only caught up recently, but much appreciated.
Watching the live stream of the closing arguments now.
The defence guy, imo, needs to explain the promise by AEG to pay Murray back dated to April, Randy Phillips comments about Murray needing to know who he answers to and AEGs actions at the big meeting the morning after the bad rehearsal night.
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.
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.
(Marvin) Putnam asked jurors how Jackson's tour promoters would know about his nightly insomnia treatments at his home.
AEG Live pointed out Jackson's secrecy and they only learnt after subpoenas to multiple doctors that Jackson pursued Propofol to sleep for more than twenty years.
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.
AEG Live rejected the claim of $1.5bn as absurd.
On Thursday the Jackson attorneys will do their rebuttal as they have the burden of proof. Then it will be up to the Jury to decide the outcome.
"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."
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.
If the Jury find AEG liable for Jackson's death the family attoneys claim Katherine deserves the $35m AEG spent preparation the o2 shows. The final total claimed is $325 million in noneconomic damages and $1.2 billion in economic damages. A grand total of over $1.5 billion.
That's an outrageous sum of money :eek:
Unbelievably greedy.
Debbie Rowe was giving Michael Demerol she stole from my office. She is a fraud!
Rowe responded with tweets...
“So Klein wants to accuse me of stealing a controlled substance hmmmm I should probably be in prison since it’s a felony yet I’m not,” Rowe tweeted on Monday.
“You can’t stop the truth it’s an injustice that Klein will never be tried for his involvement. He is a spineless enigma with a deadly touch.”
From this trial I think I've found out what may have happened to his money.
Thriller was released late 1982 and therefore money for that probably didn't start rolling in till 1983/84...I doubt it was enough money to purchase the ATV Music catalogue and throw in Jackson's lifestyle would he have initially borrowed money to pay for the catalogue.
He then buys Neverland in 1988 by which time he's had a good income from Thriller etc and is able to pay for the catalogue and Neverland...he starts spending on Neverland and borrows against the catalogue, but as he buys more for Neverland the running costs increase so he borrows more against the catalogue.
Eventually all his income goes in paying interest and expenses to the point where he can't repay any loans...for example I think 10% of his own music catalogue MJJ was owned by a company who refinanced loans for him.
Something interesting to know is how Marc Schaffel ended up with a 5% stake in Neverland.
The judge in the Michael Jackson wrongful death trial gave final instructions Wednesday afternoon, and then the jury started deliberations.
Katherine Jackson's attorney Brian Panish said Michael Jackson was not ready just weeks before he was set to begin his London tour. He contended that AEG Live kept pushing forward, regardless.
He has told the jury that AEG pushed the pop superstar to be ready for his planned 50-concert series in London and hired Dr. Conrad Murray as his personal physician without considering whether he was fit for the job. He said AEG hired Murray despite Jackson's known history of prescription drug abuse.
During his rebuttal, Panish focused on emails between AEG executives referring to Jackson wanting Murray to care for him during the concerts in London. He also showed jurors details of a contract drafted by AEG but only signed by Murray. He said it proved that AEG wanted to control the doctor.
The jury yesterday asked for 12 copies of the jury instruction and a large supply of post it notes. Also, 12 highlighters, 12 red pens, 12 black pens, video player, This Is It documentary and 12 copies of independent contractor agreement.
The longer they take the more ominous it looks for AEG Live?
Personally think the Jackson family should lose this case. I know there is a lesser degree of reasonable doubt to find guilty on a civil case but I seriously don't see how there can be a not guilty verdict - there is plenty enough evidence o support that Jackson was a habitual drug user and doctor shopper years before the tour. Yes the doctor was wrong to do what he did but I do not think the tour company could be expected to know what was going on or stop it. Jackson was a grown up man and made bad decisions that resulted in his sad death.
Am not worried that the jury haven't come straight back with a not guilty verdict. I think they understand the gravity of the case and are trying to ensure they review all the evidence properly before they reach thir verdict.
Jackson was a grown up man and made bad decisions that resulted in his sad death.
Indeed. I think his family prefer blaming someone else for his death rather than accepting that he had drug problems. That probably goes for many of his fans too.
Comments
Kathryn Cahan for AEG asked in re-cross, “If Paul Gongaware offered you $150,000 a month it would be less than what you'd get for being a witness at $1,000 per hour?” Dr. Metzger answered, “Yes, the math is correct, but I also said I'd not do this full time.”
Dr. Metzger recalled overuse of Demerol and some sleep drug issues as being a problem during the Dangerous tour. In 1993, when Jackson went to rehab, Dr. Metzger said he learned about it either though Debbie Rowe or Karen Faye or maybe the press. Cahan played video deposition of Dr. Metzger where he said he treated Jackson after he went to rehab and never discussed it with Michael. Cahan asked, “Did you discuss Jackson's addiction to painkiller even after learning from the press he entered rehab and continued as his physician?” Dr. Metzger said, “I discussed that in the late 90's a few times.” Dr. Metzger agreed Jackson said he had an addiction to painkillers, he had said that in the Dangerous tour. "I believe I prescribed mild opioids, vicodin, for significant pain," Dr. Metzger said. This was after Jackson had left rehab.
As to Latisse, the doctor said the prescription was for both Jackson and Faye. He believes this was during the Dangerous tour. Metzger said he was more involved in the 90's than 2000's. From 2003-09, he was involved only by phone, asked about kids, minor medical issues. Dr. Metzger is excused.
Brian Panish, attorney for the Jacksons, called his next witness, attorney Eric George. George is an attorney for 20 years. He practices civil litigation matters involving businesses. Panish asked, “Have you ever socialised with me, had dinners with me?” George replied, “Not once. I'm very careful the company I keep.” Everyone laughed. He’s represented Debbie Rowe for the past 8 years. Panish asked how George became Dr. Metzger's attorney. He said he received a phone call asking if he would be willing to represent him. Panish inquired if he was being paid by Panish's firm to represent Dr. Metzger. George said no, nor would he accept it. “It would be inappropriate. I'm here to represent the witness, to tell the truth and let the chips fall wherever they may,” Said George.
Marvin Putnam, in cross asked, “ When did you decide you were going to testify?” George said, “It was discussed yesterday after an incorrect answer was given.” George said it was suggested that he was being paid about one side. "It concerned my reputation and I wanted to clear that up. It was something I'd never agree to," he testified." I was glad to do it and get the record straight. Asked if he was working for Dr. Metzger for free George said no, he told the court he was being paid much less than the regular rate. George never met Dr. Metzger before this case, but said he heard about him from Debbie Rowe. Putnam asked if he thought it was a conflict of interest to represent Rowe and Dr. Metzger. George said there's no conflict of interest. "I'm proud of saying that I've never been accused of conflict of interest or unethical conduct and I want to keep it that way," George said. Putnam asked why George agreed to represent Dr. Metzger. "One of the most important issues of this time is corporate accountability and responsibility," George said. Putnam asked, “You made a determination about the outcome of this case?” George responded, “I do have strong feelings about this case, yes.”
George was then excused. Plaintiffs told the court they are resting, pending some issues that are not resolved yet. Both sides stipulated that the total attendance in the U2 concert at the Rowe Bowl on 25 Oct 2009 was approximately 97,000. Judge adjourned trial until Monday morning.
After jurors left, Kevin Boyle tells judge in order to not lengthen the trial even further they'll not show Sony's raw footage of This Is It. Judge Palazuelos noted that it looks like jurors are ready to end this trial and resume their normal lives.
The Plaintiffs want the judge to rule that Katherine Jackson was dependent on Jackson for necessities of live. The defence want the judge to deny the motion, leaving the jury to make the decision before they can award Katherine Jackson any money. If Mrs. Jackson is considered to be dependent of Jackson, she has no standing in bringing in the lawsuit.
Jessica Stebbins Bina for the defence argued for 3 years Mrs. Jackson was getting $120,000 a year from her daughter Janet. Bina said Jury could find Mrs Jackson was not dependent upon Michael Jackson for the necessities of life but accepted generous gift to have nicer things. Bina added that a reasonable person could determine that earning $120,000 a year is enough for food, clothing and shelter. Bina argued not withstanding how generous Jackson was to his mother, the fact is she did not need him to live.
For the defence Kevin Boyle said the support that Jackson was giving to Mrs. Jackson was not really disputed. Ackerman testified that Jackson was paying for many expenses at Hayvenhurst, such as utilities, transportation, food, mortgage. Boyle argued that the word "need " is not in any of the case laws. It's whether they were dependent, to some extent, for necessities of life. Boyle said defendant's expert admitted Jackson paid Mrs. Jackson's necessities of life.
Judge Palazuelos asked if there was record of how money Janet gave Mrs. Jackson was spent. Her money could be for the niceties. The judge said being dependent doesn't have to be how much Jackson contributed. The Judge added that in this case is Mrs. Jackson is an 83 year old woman, she doesn't work, she's dependent on her children to take care of her.
After an hour deliberating the judge ruled the matriarch is entitled to seek compensation for the death of Michael Jackson.
The jury has received instructions from the judge..
Next will be closing statements from the Jacksons followed by AEG Live.
He was asked in Singapore to attend Michael Jackson who was in pain...he says he spoke to Dr. Allan Metzger.
Finkelstein said Karen Faye handed him 2 vials of Demerol...
If the jury act on the evidence then they should conclude that AEG have proved these 2 points. Case closed.
If the Jury find AEG liable for Jackson's death the family attoneys claim Katherine deserves the $35m AEG spent preparation the o2 shows. The final total claimed is $325 million in noneconomic damages and $1.2 billion in economic damages. A grand total of over $1.5 billion.
Katherine and TJ Jackson present, they are co-guardians of the children. Also present was Rebbie and Taj Jackson.
Live video streaming will continue tomorrow at ABC7.
According to New York Daily News the judge told the jury on Monday that only nine had to reach agreement on whether AEG hired, retained or supervised Murray though a contract that was written, oral or created by intentional conduct.
Watching the live stream of the closing arguments now.
The defence guy, imo, needs to explain the promise by AEG to pay Murray back dated to April, Randy Phillips comments about Murray needing to know who he answers to and AEGs actions at the big meeting the morning after the bad rehearsal night.
CNN streaming link ...
http://edition.cnn.com/video/data/2.0/video/cvplive/cvpstream2.html
AEG Live pointed out Jackson's secrecy and they only learnt after subpoenas to multiple doctors that Jackson pursued Propofol to sleep for more than twenty years.
AEG Live rejected the claim of $1.5bn as absurd.
On Thursday the Jackson attorneys will do their rebuttal as they have the burden of proof. Then it will be up to the Jury to decide the outcome.
If you prefer a report in English.
That's an outrageous sum of money :eek:
Unbelievably greedy.
Currently the court has adjourned for lunch.
Rowe responded with tweets...
20%? Where did Parish get that figure from? It's a pity he couldn't be asked how he worked it out.
As for Debbie Rowe's online spat with Arnie Klein - totally bonkers! You really couldn't make it up!:D
The plantiffs used 53 days to present their case the defence 30.
I really, really hope the vultures, aka the Jacksons lose.
Thriller was released late 1982 and therefore money for that probably didn't start rolling in till 1983/84...I doubt it was enough money to purchase the ATV Music catalogue and throw in Jackson's lifestyle would he have initially borrowed money to pay for the catalogue.
He then buys Neverland in 1988 by which time he's had a good income from Thriller etc and is able to pay for the catalogue and Neverland...he starts spending on Neverland and borrows against the catalogue, but as he buys more for Neverland the running costs increase so he borrows more against the catalogue.
Eventually all his income goes in paying interest and expenses to the point where he can't repay any loans...for example I think 10% of his own music catalogue MJJ was owned by a company who refinanced loans for him.
Something interesting to know is how Marc Schaffel ended up with a 5% stake in Neverland.
The longer they take the more ominous it looks for AEG Live?
Does it look ominous for AEG Live or are the jury still trying to decide if there was a contract.
Am not worried that the jury haven't come straight back with a not guilty verdict. I think they understand the gravity of the case and are trying to ensure they review all the evidence properly before they reach thir verdict.
Indeed. I think his family prefer blaming someone else for his death rather than accepting that he had drug problems. That probably goes for many of his fans too.