A.J. Trial Session 85: Closing Arguments by the Jacksons’ Defense Attorney (1)
Both sides’ attorneys have the opportunity to present their final arguments before the case is handed over to the jury.
Today, Brian Panish delivered his closing remarks to those in attendance. The judge has allowed closing arguments to be broadcast live on television. Previously, reporters were not allowed to bring cameras and mobile phones into the courtroom. For that purpose, the judge ordered the courtroom to be changed and moved to a larger space.
On this day, Katherine, Rebbie, T.J., and T.J. Jackson were present in court.
Panish began his defense at 1:34 p.m. Below is a summary of his remarks during this 4-hour session:
Panish first thanked the members of the jury. The jurors have spent the past five months listening to the arguments presented in court.
* Michael Jackson danced on this earth, walked, and moonwalked for nearly fifty years. Someone like him will not come again for years. Maybe we’ll never see him like that again. His talent came at a tremendous cost.
* When the King of Pop died, the world stopped moving, and everyone mourned him.
* Michael Jackson used painkillers incorrectly during moments of pain, anxiety, and pressure.
* A.J. was, to some extent, trying to bring Michael onto the stage, and he would do whatever he could to make that happen—and he had told Murray the same thing.
* Gang Wer (a former company manager) knew about Michael’s tour history (the use of sedatives and propofol during the tour), so A.J. was also aware of it.
* Dr. Finkelstein said that he had informed Gang Wer about Michael’s dependence on painkillers and his insomnia—something that Gang Wer denies. But they actually knew this, and they should have thought that Michael needed an anesthesiology specialist, not a cardiology specialist.
* In response to my question, Phillips said, “Do you want to know the truth, or what I testified to?” Ladies and gentlemen, that is completely unacceptable. Does he mean that he lied in his testimony?
* A.J.’s manager (Phillips), before Michael appeared at the press conference, threw Michael under a shower and slapped him. In their emails, A.J.’s managers wrote, “Now we can’t back down; it will be a disaster for the company.” (If the tour is canceled.)
Panish addressed the first and most fundamental question the jury would face: Did the company hire Murray? (To read the questions the jury must answer in order to reach a verdict, click. These questions were read in the previous session.)
* Dr. Murray broke his Hippocratic oath, and A.J. is responsible for that.
* The evidence clearly shows that A.J. hired Conrad Murray. A contract can be written or verbal, semi-written or semi-verbal. Verbal contracts have the same validity and credibility as written ones. A.J.’s emails prove that Murray was hired.
* If they hadn’t hired Murray, why did they allow him to take control of Michael Jackson’s rehearsal schedule?
* The tour director was required to monitor Michael’s health, yet his warnings about Michael were not taken seriously. As the tour start date got closer, a great deal of pressure fell on Ortega and Michael. And then things were handed over to Murray so that Michael could be brought onstage no matter what.
* Murray’s salary was part of the tour budget.
Panish then moved to the second question: Was Murray not qualified as a doctor?
* Dr. Murray certainly did not have the qualifications and competence to do the work he was assigned, because he killed the King of Pop and was not trained to treat insomnia.
* Murray had two duties. One was toward the company that paid him, and the other was toward his patient (Michael). Did he have a conflict and not know which to choose—his patient or the money? He had sworn to preserve his patient’s life and not harm him, but in the end he did. Why? Because of money.
* An email from Paul Gang Wer, the company’s manager: “We want to remind Murray that it’s A.J. who pays his salary, not M.J.”
Panish played again the interrogation video of Gang Wer that had been shown in session 19.
Gang Wer: “I don’t understand that sentence. We weren’t paying him a fee.”Kevin Boyle: “So why did you write something like that?”Gang Wer: “I have no idea.”Kevin Boyle: “When you say his salary, who do you mean by ‘him’?”Gang Wer: “I don’t know.”Kevin Boyle: “If you don’t know who he was, then how did you write that you were paying his salary?”Gang Wer: “I don’t remember that email.”Kevin Boyle: “Didn’t you just say that we weren’t paying his salary?”Gang Wer: “We—A.J.”Kevin Boyle: “Yes, I mean something else. You just testified that we weren’t paying his salary. Just a few seconds ago.”Gang Wer: “I think.”Kevin Boyle: “All right, so who’s salary were you referring to, Dr. Murray?”Gang Wer: “Yes.”
* Referring to Gang Wer’s remarks: “It’s funny, but not for someone who lost his life.”
* A.J. wanted to have complete control over Murray.
* Some people do things for money that they wouldn’t do under normal circumstances.
* Murray’s request for five million dollars was an alarm bell showing that he was incompetent, incapable, and unpleasant.
* A detective who worked for the Los Angeles Police Department was able to find out, quite simply, that Murray was in a very bad financial situation—which became the motivation for what he ended up doing.
Third question: Did A.J. know that Murray was incompetent and incapable?
* Before court, Brian Panish asked that they not laugh at the video that would be played in moments. In this video, A.J.’s managers were seen under interrogation, saying again and again, “I don’t know” or “I don’t remember.”
* Everyone knew that Michael had insomnia and that he needed help to solve it.
* The company’s emails show that they were concerned about Michael’s health and saw the problem right at the front line. (Referring to emails exchanged among company managers with the subject “problem at the front line.”)
* Kenny Ortega wrote in an email to company management that Michael had a problem and needed to be evaluated psychologically.
* Phillips had asked whether his problem was physiological or chemical. And when we asked what he meant by chemical, he said he didn’t know. Then it was decided they would go see Michael. Gang Wer had told him: “Take Dr. Murray with you too—why wasn’t he there last night?” Regarding the medical professional they claim they didn’t hire, they didn’t supervise his work, yet they say, “Why wasn’t he there?” and “Take him with you.”
* One of the people hired by A.J. said that Michael was so thin that you could see his heartbeat. Another employee expressed concern about the possibility of Michael dying and said that Michael should be hospitalized.
* One of the witnesses said that Michael was extremely, extremely thin, as if he had been suffering from a long-term illness.
Question 4: Did Murray’s incompetence and lack of qualification cause harm to Michael Jackson and the Jacksons who are suing?
* The answer is clearly yes, and the jury doesn’t need to spend time on it.
Question 5: Was A.J.’s neglect in hiring, supervising, and keeping Murray on a key factor in harming Michael Jackson and the Jacksons who are suing?
Panish presented a timeline of Michael’s treatments.
* Michael Jackson (approximately 50 years old) underwent medical treatment without the slightest problem. The only things that caused issues were A.J. and Murray.
The remaining questions concern the amount of damages that A.J. would have to pay the Jacksons if he is found guilty.
* The jury members should use their common sense to decide what is fair.
* Katherine Jackson should receive less damages than Michael’s children because her life expectancy is much lower than theirs.
* Each of Michael’s children should receive $85 million in damages.
Panish showed a video of the “This Is It” tour. In this video, Kenny Ortega says that Michael could have sold tickets for 200 concerts.
* The company’s own estimates show that Michael would have earned nearly $1.5 billion from the tour.
Panish showed the jury videos of Michael performing in stadiums packed with people so they could see that Michael had the ability to generate high revenue.
* A.J. wanted Michael to hold the tour because his shows could generate huge profits.
Panish displayed photos of Michael alongside his family.
* The Jackson family will never feel Michael’s love and support again. They have been harmed emotionally and financially.
* Eternal death is permanent; there is no remedy for it.
* Michael wrote poems for his mother.
* Unfortunately, nothing can bring Michael back. No words can describe the grief of losing a child.
* Prince was very close to his father; he was his little assistant.
* Paris was there when her father died, and this has harmed her mind and psyche.
Panish played again the song “You Are My Life,” which Michael wrote for his children. A home video of Michael and his children was shown.
At the next session, the court will hear the final defense statements of the company’s attorney. Panish said that on Thursday he will deliver another speech.
Source: eMJey.com / ABC7 & AP