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.
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