CNNMichael Jackson’s mother, Katherine, and children, Prince, Paris and Blanket, are sueing AEG (Anschutz Entertainment Group) Live for Jackson’s death.AEG Live will defend itself by arguing that Jackson was responsible for his own demise.
The Jackson team will argue that AEG Live is liable because the company hired and supervised Dr. Conrad Murray, who used a surgical anesthetic in a fatal effort to treat the singer’s insomnia as he prepared for the comeback concerts. Murray was convicted of involuntary manslaughter and is serving a prison sentence.
Los Angeles County Superior Court Judge Yvette Palazuelos ruled in February that Jackson lawyers have shown enough evidence to warrant a jury trial on the negligent hiring case. She also ruled there was evidence to support the Jacksons’ claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the singer.
"I don't know how you can't look to Mr. Jackson's responsibility there," AEG lawyer Marvin Putnam said. "He was a grown man."
“Mr. Jackson is a person who was known to doctor shop.”"Mr. Jackson is a person who was known to doctor shop," Putnam said. "He was known to be someone who would tell one doctor one thing and another doctor something else."
The child molestation trial is relevant because it "resulted in an incredible increase in his drug intake," Putnam said.
The key to AEG Live's defense is its contention that Murray was never an AEG employee but rather was chosen and paid by Michael Jackson for nearly four years until Jackson died.
Putnam pointed to the interview the doctor gave to police two days after Jackson's June 25, 2009, death. Murray told detectives it was his understanding that he was Jackson's employee, not AEG Live's, even though the concert promoter would be the party cutting his paychecks.
"He was chosen by Michael Jackson," Putnam said. "He was brought to Los Angeles by Michael Jackson. He had been Michael Jackson's longtime physician and continued in that capacity and was directed by him and could only be fired at will by him."
AEG Live became involved with Murray only after Jackson had persuaded him to join his "tour party" for the "This Is It" concerts, Putnam said. "Then what happens is AEG starts to go back and forth with him and his attorney [and] Dr. Conrad Murray, with drafts of contracts."
Although Murray began treating Jackson six days a week in May 2009, it was only the night before Jackson's death that Murray signed a contract. AEG executives and Jackson never signed it, Putnam said. The Jackson lawyers will argue the signed contract was not necessary to establish employment.
The unsigned contract and the oral understanding with Murray called for the doctor to be paid $150,000 a month while he served as Jackson's personal physician as the pop star performed 50 shows at London's O2 Arena in the second half of 2009 and into 2010.
AEG's role was like MasterCard, lawyer saysAEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use their "MasterCard," Putnam said. "If you go to your doctor and you pay with a credit card, obviously MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance."
In fact, Putnam said, he learned during the discovery process that Michael Jackson was paying Murray during the last two months of his life.
"He was paying for him during his entire time in Los Angeles and during the time we're talking about, Dr. Conrad Murray was being paid by Michael Jackson," he said. "We know this. We know this because the plaintiffs have said so."
The revelation that Jackson paid Murray during that period has not been reported. Jackson lawyers declined to comment, citing ethical limitations to their ability to talk to the media about the case.
E-mails reveal AEG's involvement, Jacksons sayA cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "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."
Jackson lawyers argue the e-mail is evidence that AEG Live used Murray's fear of losing his lucrative job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.
The AEG Live lawyers say the Jackson lawyers have "taken it completely out of context." Gongaware and the others were only concerned with making sure Murray had all the help he needed, such as perhaps a physical therapist or a nutritionist for his patient, Putnam said.
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NY PostThe $40 billion legal battle might finally settle a question: Who really fathered Michael Jackson’s children?Sources within AEG say that, despite the singer’s claims, only one of the kids is biologically his.
Who’s Your Daddy?The company is prepared to uncover that only Blanket, 10, has the King of Pop’s DNA.
His older siblings, Prince, 16, and Paris, 15, had a different sperm donor, the sources say.
“There was a whole lot that Michael Jackson or his family wasn’t and isn’t being forthcoming about,” an AEG source said. “The drug use by Jackson, his use of alcohol, his relationship with his own family, and the identities of the children’s parents.”
Among the evidence AEG could present are sworn affidavits, including one from a mystery woman identified only as “Helena,” who could be Blanket’s mother.
Lawyers for the company also are prepared to present “irrefutable” proof that the Gloved One did not sire Prince and Paris, a source with direct knowledge of the case said. The company is poised to subpoena birth and other records.
Jacko had always claimed to have used his own sperm to father his children. He acknowledged that the mother of Prince and Paris is his former nurse, Debbie Rowe.
The identity of Blanket’s mother, believed to be a Hispanic woman living in the San Diego area, has never been revealed.
But if AEG’s claims are true, the answer to who’s their daddy could come from a long list.
The singer’s former doctor, Arnold Klein, has said he is the biological father of Jacko’s two oldest children. Former bodyguard and karate instructor Matt Fiddes began pressing the family for a DNA test of Paris shortly after the “Thriller” singer’s death. And former child actor Mark Lester claims that he may have fathered Paris.
Jackson family members say they have little doubt who fathered Blanket.
“Blanket looks just like him. There is no doubt that he is Michael’s,” said one relative.
Blanket has even been treated for similar medical problems, including a skin condition, a family source told The Post. Jacko suffered from a disorder called vitiligo.
LA TimesCorina Knoll
Attorneys for the plaintiffs have listed 97 possible witnesses and the defense 113, many of which overlap.Among those who could testify are Jackson’s mother, Katherine' two of his children; his ex-wives Lisa Marie Presley and Debbie Rowe; and nearly all of his siblings.
Music industry heavyweights Prince, Diana Ross and Quincy Jones are also on the index of witnesses, as well as director Spike Lee and actor Lou Ferrigno.
Dr. Conrad Murray is listed as a potential witness for both sides.
Jury selection in the case began in early April, with potential jurors being asked if they could take off the four months the trial is expected to last. Questioning of potential jurors who pass that first test is scheduled to start April 15.