AEG Exonerated

MJ Judge Verdict – Superior Court Judge Yvette Palazuelos has big news for those interested in the Michael Jackson / AEG case Oct. 2.

The jury found that AEG Live did hire Dr. Conrad Murray, now sitting in jail for Jackson’s propofol-overdose death, but that Murray wasn’t unfit to perform the duties of tour physician for the 50-date “This Is It” residency in London.

Jackson died just weeks before the shows were to begin. Katherine Jackson and the singer’s three children sued AEG Live and execs Randy Phillips and Paul Gongaware, claiming they were responsible for the superstar’s death because of the negligent hiring and supervision of Murray.

They sought damages estimated at more than $1 billion and, by some accounts, as much as $40 billion.

With the end of the grueling trial, Katherine Jackson has lost perhaps her last best chance at collecting millions in damages and placing blame in her son’s death.

“I’m OK,” was all that the Jackson family matriarch said as she moved slowly out of a courtroom after hearing the verdict denying her claim And it exonerates AEG Live, though at doubtless a tremendous financial cost. With the cost of a legal team, headed by Marvin Putnam of O’Melveny & Myers, pretrial discovery, expert witnesses, and five months of time in court, victory comes with a price tag.

“The jury’s decision completely vindicates AEG Live, confirming what we have known from the start – that although Michael Jackson’s death was a terrible tragedy, it was not a tragedy of AEG Live’s making,” Putnam said.

Judge Yvette Palazuelos also recently dismissed AEG Live executives Randy Phillips and Paul Gongaware from the suit after finding they “did not control, direct, or perpetrate any of the activities in [Michael Jackson’s] home” that ultimately led to Jackson’s death, and they “committed no act directly related to the harm.”

Phillips, who was sued personally, said, “I counted Michael Jackson a creative partner and a friend. We lost one of the world’s greatest musical geniuses, but I am relieved and deeply grateful that the jury recognized that neither I, nor anyone else at AEG Live, played any part in Michael’s tragic death.”

AEG President/CEO Dan Beckerman added, “I am pleased that the jury recognized that this lawsuit was without merit, and the entire AEG family looks forward to putting this unfortunate chapter behind us.” Putnam made reference to repeated settlement attempts by the Jackson family. “Some people make the mistake of looking at AEG Live as an easy target due to their size and presence in Los Angeles. That’s a mistake,” Putnam said. Jurors spoke to media outside the courtroom after the televised verdict. “Michael Jackson was a big star,” said juror Kevin Smith.

“He wanted this doctor and if anyone said no they were out of the mix.” Smith said he believed that had AEG Live executives known that Murray was giving Jackson the surgical anesthetic propofol as a sleep aid they would have canceled his concerts, echoing a point in Putnam’s closing argument.

Jury foreman Gregg Barden suggested the verdict should not be seen as a vindication of AEG Live nor an endorsement of Murray, who is to be released from jail later this month.

“That doesn’t mean we felt he was ethical,” Barden said of Murray.

“There really are no winners in this,” the foreman said. “It took the tragic passing of a tremendous father, son and brother for us to even be here. And of course nobody wanted that.” Murray gave a jailhouse interview to NBC’s “Today” Oct. 3, saying he always believed it was frivolous.

“I cried because for once the world was allowed to hear some of the facts … much of which I was denied and my attorneys could not present during my criminal trial,” Murray said. “I was very relieved that at least the world had a chance of hearing some of the facts.”

Katherine Jackson’s attorneys said they were disappointed by the verdict but would consider further legal options. Attorney Kevin Boyle said the case served an important purpose. “We think that what we’ve done with this case is prove some things that are important for the Jackson family and for the concert industry and the sports industry with regards to treatment by doctors,” Boyle said.