L Lin Wood is representing Natalee Holloway’s Mother Elizabeth Ann “Beth” Holloway in a lawsuit against the National Enquirer. The Original Complaint filed June 20, 2012 stated; [this] “Complaint for the tort of outrage and invasion of privacy arises from the publication of false and horrific headlines, statements, photographs and articles by American Media, Inc. and The National Enquirer, Inc. …The headlines, statements, photographs and articles were an attempt by Defendants to profit off the tragic and still unresolved disappearance of Natalee Holloway (“Natalee”) and the plight of her mother, Plaintiff Elizabeth Ann ["Beth"] Holloway (“Holloway”).”
“Defendants’ conduct in publishing these false statements and accompanying manufactured photographs has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and is to be regarded as atrocious, and utterly intolerable in a civilized community. Furthermore, by publishing these false and disgusting statements and photographs, Defendants intentionally and maliciously intruded into Holloway’s emotional sanctum.”
For those of us that heard about Natalee Holloway on the news during the summer of 2005; the Original Complaint has interest in that it outlines the sadness of Natalee Holloway. Natalee was a beautiful intelligent young woman, just graduating from high school with her whole life ahead or her on a school trip to Aruba.
“…Natalee Holloway (“Natalee”), was one of about 120 students from Mountain Brook High School in Birmingham, Alabama, who took a senior class graduation trip to the island of Aruba in May 2005. …The students began their trip on May 26, 2005, and were scheduled to
return to the United States on May 30, 2005. …At approximately 1:30 a.m. on the morning of May 30, 2005, Natalee was last seen entering a car with Joran van der Sloot, Deepak Kalpoe and Satish Kalpoe. …Natalee failed to meet her classmates for their return flight to the United States. …Despite repeated searches of Aruba and its waters, neither Natalee nor Natalee’s remains have ever been located.” …As time passes, the probability that Natalee is dead increases. …”
“…In June of 2011, seeking some closure in his daughter’s disappearance, Natalee’s father filed paperwork seeking to have her declared dead. …Natalee was declared legally dead in January of 2012, but her body has never actually been found. Thus, whether she is actually dead is still unknown.”
“…["Beth"] Holloway disagreed with her ex-husband’s decision to have Natalee declared dead and has been quoted as saying that she “will always hope and pray for Natalee’s safe return”. …continues to work tirelessly to learn of her daughter’s fate. …The false and outrageous articles and photographs graphically describe the purported despicable treatment of Natalee’s corpse”.
Think about that, they kissed their daughter good-bye for a trip thousands of teens take every summer. Not only do they not have closure, a body to bury, a grave to place flowers on or to go to and pray, but Joran van der Sloot remains in the news. For those that buy rag mags as I call them, a publication is still raking in money over this tragedy.
Then of course is the tragedy of Joran van der Sloot murder of Stephany Flores on the 5th anniversary of Natalee Holloway’s disappearance and now Natalee is presumed dead. What a celebration huh?
In that case Joran van der Sloot was ordered by a three-judge panel in Lima Peru to pay $75,000(59,000 Euro) in reparations for the “cruel” and “ferocious” murder that took place exactly five years to the day after the disappearance of Natalee Holloway in Aruba. I am assuming that is the money paid by Holloway’s mother through a FBI sting. The court in Peru made a recent ruling that Joran van der Sloot CAN BE EXTRADITED TO THE USA sadly however, only after “…he serves the 28 years he received in the murder of Stephany Flores. Under Peru’s laws Van Der Sloot release might be sooner than later. Due to time already served, the judges said Van Der Sloot’s sentence would end in June 2038. But under Peru’s penal system, Van der Sloot could become eligible for parole after serving half of the sentence with good behavior, including work and study. Van Der Sloot could be freed sometime in his late 30s if paroled after serving half of his 28-year sentence.” That equates to approximately the year of 2020.
Then add the sick fact Joran van der Sloot has decided to appeal that 28 year sentenced because his lawyer “lied to him”, WTH, I guess he could spot a fellow liar? If it could not get any sicker than all of that the latest rumors is some woman is about to marry him in prison, don’t even get me started on jail house “groupies”.
We are going to cover this case because; 1. It is in a federal court so I can get the papers which is a prerequisite for the majority of trials we cover here on Rose Speaks.com; 2. It deals with a teenagers tragic death and apparent murder; 3. L Lin Wood is involved and all of us here at Rose Speaks.com enjoy the lawsuits Mr. Wood takes on; and 4. Will the Holloway family find any new clues or have closure finally?
The only immediate problem in this lawsuit I see is what is the statue of limitation for libel and/or defamation in Alabama? Here in Texas I believe it is one year, if you know what it is in Alabama please let us know! However, Beth Holloway is suing for “tort of outrage” and “invasion of privacy”, which probably does not follow the same rules of th statue of limitation for libel and/or defamation.
As many of you know we have closed the forums here at Rose Speaks.com as we just did not have the time to do a good job moderating it for all of you. We are glad to announce that we have paired up with The Parenting Channel.com to carry a lead in to any of the cases we cover that has anything to do with a child or teen. We are ecstatic to have been able to do this. So lead in-ins for our blog articles will appear on The Parenting Channel’s blog and a section of The Parenting Channel Community has been set up on any trials we cover of children and/or teens. I encourage all of you to join both the blog and the forums, it is going to take off where Rose Speaks.com left off after the Anna Nicole Smith and Casey Anthony trials It’s big roll out as an interactive site is schedule for September 14, 2012 with a contest where you can win a gift certificate
The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
Our friend Daniel DiCriscio recently bumped into Nancy Grace in Hollywood.
Well, when you think of Nancy Grace many words come to mind like: “She is…” – acerbic, abrasive, opinionated, harsh, heartless, smart, educated, sharp, controversial, to the point, tough, and the list goes on, and oh, the B word, too, let’s not forget that word..the one that rhymes with witch, LOL!
Well, I, like many fans of Nancy Grace’s HLN show, I too am one! I was intriqued by her, shall we say, “candor” on her show and in your face “southern style” delivery; much like a pit bull, she grabs a hold of your private parts and won’t let go! It seems that Nancy is so driven due to her first fiancé’s murder that it made her embark on a legal career! Her journey after being in the Georgia court system to garnering national attention is quite amazing really: from Court TV to HLN to…Dancing with the Stars…there seems to be no stopping her!
My apology to Daniel for being under the weather this week but more than glad to link into the blog that picked up his article.
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Next week, July 1996, marks the 15th anniversary of the bomb explosion at Centennial Olympic Park in Atlanta Georgia, and lawyers for Richard Jewell, who died in 2007, and the Atlanta Journal-Constitution final fight might very well be over. A Georgia Court of Appeals ruled last week, and affirmed the dismissal of the libel case against the newspaper could signal that the final fight has ended.
L. Lin Wood Jr., who has represented Richard Jewell in multiple libel suits and upon his death represented his estate, has said he, “Will appeal last week’s adverse decision by the state Court of Appeals.” That would mean that either the Georgia Supreme Court, or even the U.S. Supreme Court, could decide to weigh in. If it gets to the U. S. Supreme Court I predict, with the using of the Court’s interpretation of the First Amendment of Free Speech in regards to campaign contributions by corporations, we could pretty much predict which way they would rule. Thus unless the Georgia Supreme Court takes the case the saga of a hero turned villain by the media has come to a close. Last week’s Court of Appeals ruling, which affirmed the dismissal of the case against the newspaper will be the end of the cases on behalf of Jewell. Lin Wood was dubbed by Dan Rather as the voice of the damned because of this case and other cases Wood became known, such the John & Patsy Ramsey libel cases, in regards to the tragic murder of their young daughter, JonBenét Ramsey.
Wood says his efforts have not been for nothing. “I do believe the Richard Jewell case made a difference. I do believe that responsible members of the media are more cautious now.” He adds, though: “I don’t think it’s deterred Nancy Grace much.”.
I would point out the recent lynching of Casey Anthony for three years before her trial by media such as Grace and others would go a long way of saying some of the infotainment passed as news have not learned much except for Grace’s screeching words of her own first amendment rights to feed the ratings game still ring hollow in many of our ears.
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Many of you watch Dr. Drew every night on HLN at 9pm ET/PT and 8pm CT/MT
Last night, July 6, 2011, in an exclusive prime time interview, Dr. Drew spoke with to the man whose job it was to prove that Casey was guilty — prosecuting attorney Jeff Ashton. Casey Anthony has been acquitted of murder, but so many questions remain. How did this happen? What if Casey had taken the stand? What if there was a different jury? Do George and Cindy know more than they revealed? Dr. Drew got Jeff Ashton’s take on all of this.
In response to Dr. Drew asking if he thought the verdict would have turned out differently if the state had the opportunity to cross-examine Casey, Ashton said: “If what I’m understanding from those few hints we’ve gotten from the jury, probably not. Because it sounds like their decision was based simply on the state’s case. And I don’t know if she would have said anything that would have changed that.”
When Dr. Drew asked if the jury really saw the picture of Casey’s “unsavory” and “problematic” behavior, Ashton answered: “If they didn’t see it, it was because they didn’t feel it was important…[The jury] got as much information as they could about her behavior. And I credit the defense with doing a good job in trying to make it look like mental illness without saying so, because they couldn’t. There was no mental health defense asserted so they really couldn’t argue that…but it was good.”
What do you think? Could the prosecution have won this case if they did things differently?
Now we know her release date will be next Wednesday, July 13, 2011. Do you think her life will be in danger because of the Infotainment lynch mob mentality that those like Nancy Grace keeps fanned?
Join other posters to discuss this evidence in the Casey Anthony Trial there and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/forumdisplay.php?fid=28
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
Remember Judge Ito in the O. J. Simpson trial? Do you remember that Judge Ito accommodated the D. A. over and over until we came to the gloves if “If they don’t fit you must acquit”. I have wondered if that might be the case in the cans of odor, what if those are opened for the jury and there is no smell?
Now this morning we find that Arpad Vass, PhD, Oak Ridge, (The body farm research facility), on the stand all day yesterday had via trusting the D. A. identified the WRONG can. Not to mention that the body farm is a research facility NOT a forensic laboratory, thus they don’t follow the strict protocol that is in required in criminal cases. This evidence has never been allowed in any court, state or federal since the research facility since it’s creation in 1981. The question is why?
The FBI witness on the one band of hair had a death band on it, again many consider that “junk science”; why? Because it is not reliable and recent studies have confirmed that as late as 2010. I agree there is a first time for any new technique, like DNA to be allowed in court. But in the Casey Anthony case why are we getting so much of never introduced techniques? I mean really the FBI does not even use the hair analysis in federal court and they pay for that research. The body firm is RESEARCH, like going out with a divining rod, made out of a coat hanger to hunt for dead bodies among other new techniques or would that be old techniques.
Why does the D. A. need these many unproven, uncontrolled in chain of evidence new “science” in this case? One might argue they decided Casey Anthony was guilty and have then recreated the evidence to prove that. Nothing wrong with that unless as some believe this was an accident then covered up and not premeditated murder. If the D. A. had DNA, and/or other hard and fast evidence we would not have to take this trip through old science that other courts have found not reliable. If Texas the king of death penalty cases, does not take it and no other state takes it after 20 years, why is there so much of it in one case? I can see one new science introduced, but all of this new “science”, it might be “overkill”, and if so could backfire in my opinion.
What are your thoughts, why are we taking infotainment as the gospel on this case every night; well not here in our home but Nancy Grace’s show has shot off of the charts because she creates the perfect environment of hate and prejudice. Let’s don’t even get into Geraldo Rivera who has been there every day.
What are your thoughts in the area of junk science? Can someone tell me who went back and got the garbage at the tow yard and how did that prove up that chain of evidence? I am worried about our legal system when almost everyone in the U. S. has had access to so many document dumps by any state in what appears to me to be a clear cut attempt to not only tamper a jury pool but to make Casey Anthony the most hated mother in our country.
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl runs that entire section don’t hesitate to contact her to make suggestions on how this forum is more user friendly.
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The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
There is so much going on in all cases concerning Micheal Jackson’s Estate, Casey Anthony, Anna Nicole Smith’s Estate and Dr. Arnold Klein Bankruptcy turned into what seems is going to be another major event in the Jackson SAGAS.
Here are the papers on just the Michael Jackson Estate vs. Howard Mann and Vintage Pop, please also note on the right side of the front page is an updated scrolling court dates on a lot of cases I did this morning.
This Scheduling Order consists of the following dates and information involving the Estate of Jackson vs. Mann and Vintage Pop:
June 23, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media are to disclose information and confer on a discovery plan by this date.
June 30, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media “Rule 26(f) Report” due as required by Federal Rule of Civil Procedure 26 and the Local Rules of this Court.
July 14, 2011 Estate of Michael Jackson vs. Howard Mann and Vintage Pop Media Scheduling Conference at 2:30 PM
Then we have the bankruptcy of Dr. Arnold Klein which WAS to be discharged as of today and gone!!!! Surprise like all of the cases involving Anna Nicole Smith and her Estate and the parties who knew her. Klein’s bankruptcy has turned into anything but “normal”. I started going through the files this afternoon and suddenly realized there were mass Motions and Memorandum of Law and revolving lawyers and claims and counterclaims. It is going to take me most of tonight to just see which ones to pull for ya’ll. However here is the Schedule of hearings I have read today.
May 10, 2011 at 2:00 PM Status Hearing on Arnold Klein’s Bankruptcy
May 18, 2011 9:00 AM Hearing on Multiple Motions on the Bankruptcy of Arnold Klein
Then we have poor Casey Anthony standing trial in the media circus that is said by the judge it will be bigger than O. J. Simpson’s murder trial. The sad things is Casey Anthony does not have the money to buy the dream team O. J. had, another reminder in the U. S., you are entitled to the best defense YOU have the money to BUY.
We are going to do something interesting with this case and I will put up some links to papers you may or may not have about this trial.
May 9, 2011 Jury Selection begins in Casey Anthony First Degree Murder Case in Florida. Already we are getting Nancy Grace’s grating voice on commercial that “she will have a panel” to cover the highlights everyday on her show. Thank God for remote control for the television, because Grace is not going to be beamed into this house.
May 16, 2011 Opening statements due on the Casey Anthony First Degree Murder Case in Florida. Rose Speaks.com will be giving twitter updates throughout each day of the trial.
Ken is setting up some new gadgets that is going to allow us and those of you who want to, twitter throughout the trial each day as we watch it on Tru TV the old Court TV. If you want to participate let us know you do on our twitter that we are sending out in about 5 minutes and Ken will work the magic that allows all of us to do this.
Do y’all want Diamond Girl to set up an open daily discussion each day for this case in the Community she runs? Let her know and I am sure if she can she will get with you about how you want to set this up.
On Anna Nicole Smith Estate vs. Susan M. Brown and the Brown Law Offices, Ford Shelley, G. Ben Thompson et. al. Ms. Brown is going to represent herself, what is that saying about a lawyer with themselves as a client?
Here is a brief description of which dates are for what in that case:
May 13, 2011 Final Status Report due in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is G. Ben Thompson now
June 27, 2011, the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is Thompson now.
July 8, 2011 Mediation is to be complete in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Brown is going to be Pro Se as is Thompson now.
July 11, 2011 the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) objections, any objections to use of a deposition designated by another party and any deposition counter-designations under Fed. R. Civ. P. 32(a)(6) in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 14, 2011 Motions in Limine must be filed by this date by all parties in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 14, 2011 Attorneys shall meet for the purpose of exchanging and marking all exhibits. See Local Civil Rule 26.07 in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 21, 2011 All Parties shall furnish the Court with pretrial briefs (Local Civil Rule 26.05) in in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al.
July 28, 2011 Jury selections begins Attorneys and parties are expected to be available for trial of this case during the months of August and September 2011 unless the court notifies you of a later date in the Anna Nicole Smith Estate vs. Susan M. Brown, Ford Shelly, G. Ben Thompson et. al. Susan M. Brown and G. Ben Thompson will be Pro Se for the trial.
We are going to do brief lead in daily that Sprocket’s site of Trial and Tribulation are covering, so we will try to stay up with all of you, but expect papers and articles on other cases like Cynthia Sommer and Narcy Novak to be on the weekends during the Casey Anthony First degree murder trial.
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl runs that entire section don’t hesitate to contact her to make suggestions on how this forum is more user friendly.
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We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL. If you would like to do some articles for Rose Speaks.com send us that information and we will give you our rules for guest writers.
The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.
“At 10:40 a.m. Dr. Conrad Murray claimed he administered 25 mg of Propofol (Diprivan) diluted with Lidocaine (Xylocaine), through an I.V. drip. Murray said Michael Jackson finally went to sleep. After approximately 10 minutes, Murray stated he left Michael Jackson’s bedside to go to the restroom to relieve himself. He claimed he was out of the room for approximately two (2) minutes until 10:52 a.m. At approximately 10:52 a.m., Murray claimed he returned to Michael Jackson’s bedside and noticed Michael Jackson was no longer breathing. Dr. Conrad Murray claimed he started cardiopulmonary resuscitation (CPR) by hand. Murray said he administered 0.2 mg of Flumazenil (Romazicon) to Michael Jackson, which is an anti-overdose medication for benzodiazepines, but which has no effect on Propofol. Murray stated he called for assistance on his cellular telephone to Michael Amir Williams, a security guard at the Carolwood house. [He] said that while he spoke to Williams and told him the nature of the emergency, Williams did not respond by coming to his aid. [H]e continued his CPR while waiting for Williams. After a few minutes Murray claimed he went downstairs to the kitchen where he asked the chef, Kai Chase, to send Michael Jackson’s son, PJJ, Jr., to his father’s bedside. PJJ, Jr., responded to Murray’s call and called house security assistance. Alberto Alvarez, a security guard, went to aid and saw Michael Jackson on the bed lifeless. If this is true then I don’t know of any parent or grandparent that would not go WTF were you doing to traumatize a child like this?
The complaint goes with a time line and states that Murray claimed that after only a few minutes Alvarez called 911 on his cellular telephone for help. Murray then returned to Michael Jackson’s bedside. Murray claimed he continued his CPR on the bed in which he had found Michael Jackson.
Then we have what Joe Jackson is alleging is a cover-up by Murray. My first thought is did this come straight from the police reports of talking to persons at the home?
Alberto Alvarez told police that before he called 911 Murray instructed him to conceal bottles of Propofol, place them in a bag, and clean up the room. Murray’s conduct of attempting to conceal the multi-state supply of drugs and the use of their facilities in Texas and Nevada to obtain medications was an extreme departure from the standard of care. Alberto Alvarez told police Murray asked him to call 911 only after the drugs were concealed. The Los Angeles Fire Department recorded the 911 telephone call at 12:22 p.m., which was approximately one (1) hour and thirty (30) minutes from the time Murray claimed he found Michael Jackson not breathing at 10:52 A. M. Murray told the Detectives several times that it was around 11:00 a.m. that he found Michael Jackson not breathing.
Then we have outlined for us the time line take two after the police confronted Murray with his own cell phone records.
Murray altered his version of the June 25, 2009, events upon the police discovering that he spent forty-seven (47) minutes talking on the telephone between 11:18 a.m. and 12:05 P.M. on June 25, 2009. Murray felt he could change his story because he kept no medical records documenting his treatment. This is another Do What moment for me!
Murray claimed in his new version of the events that he discovered Michael Jackson was not breathing while he was talking on the telephone with his girlfriend at 12:05 p.m. The story changed from going to the bathroom for two minutes (2) after ten (10) minutes of observing Michael Jackson at 10:40 a.m., to talking on the phone with several people from 11:18 a.m. to 12:05 p.m. for 47 minutes. Murray the Complaint claims; ”…Eliminated his careful observations of Michael Jackson and substituted telephone conversations with others where he didn’t notice that Michael Jackson had stopped breathing.”
Next comes what Joe Jackson alleges was found in the autopsy report.
The Coroner’s Office conducted an autopsy of Michael Jackson on June 26, 2009, and reached conclusions on September 18, 2009. The Report concluded Michael Jackson died from acute Propofol intoxication contributed to by the “Benzodiazepine Effect.” Michael Jackson had a “polypharmacy” of drugs in his system. Seven (7) of them were detected in the toxicology screen. Flumazenil (Romazicon) was detected in the I.V. …There were lethal levels of Propofol (Diprivan) in Michael Jackson’s body. Murray had claimed he only administered 25 mg of Propofol to Michael Jackson on June 25, 2009. However, the Coroner’s Toxicology Report showed lethal amounts in his system where administration had to exceed more than five (5) times that amount. Murray told Dr. Cooper at the UCLA emergency room that prior to June 25, 2009, Michael Jackson had not been ill, Michael Jackson was suffering from chronic pneumonia, chronic respiratory bronchitis, anemia, and brain swelling. The Los Angeles County Coroner’s Autopsy Report documented Michael Jackson’s underlying illnesses. Jackson’s autopsy findings identified a total of nine (9) drugs in his system: Propofol (Diprivan), Lidocaine (Xylocaine), Diazepam (Valium),Nordiazepam (Calmday), Lorazepam (Ativan), Midazolam (Versed), Ephederine (Ephedra), Flumazenil (Romazicon), and Flomax (Tamsulosin Hydrocloride). The LA County Coroner concluded Michael Jackson died from acute Propofol intoxication and “Benzodiazepine Effect.”
Michael Jackson had neurological, pulmonary, and anemia signs over several weeks prior to his death. In May and June, 2009, Michael Jackson was confused, easily frightened, unable to remember, obsessive, and disoriented. He had impaired memory, loss of appetite, and absence of energy. He was cold and shivering during the summer rehearsals for his show, and as shown in photographs and motion pictures of him, he uncharacteristically wore heavy clothing during the rehearsals, while other dancers wore scant clothing and were perspiring from the heat. Others had to give him jackets or shirts to keep him warm and he needed a heater to control the shivering.
THE AEG CONTRACT DID DR. CONRAD MURRAY WORK FOR AEG OR MICHEAL JACKSON?
On January 26, 2009, AEG Live, LLC., entered into a written agreement with Michael Jackson whereby Jackson agreed to perform the provisions of a contract between AEG Live, LLC and the Michael Jackson Company, LLC. The agreement was an “artist loan out agreement” where the Michael Jackson Company agreed to supply Michael Jackson to perform various concerts and shows for AEG from July 26, 2009, through September 30, 2009. On approximately May 3, 2009, AEG Live complained to Michael Jackson that he was not participating in the show’s preparations. AEG believed Jackson’s failure to rehearse was because he was under the influence of drugs and medications from various doctors, including Dr. Arnold Klein in Beverly Hills, California, and he was an addicted. AEG demanded Jackson cease seeing Dr. Klein, that he no longer receive medications from Dr. Klein, and that he have a new doctor, Dr. Conrad Murray. On May 8, 2009, AEG telephoned Murray in Las Vegas, and stated that AEG was interested in hiring Murray to be Jackson’s personal “concierge” physician and to exclusively treat Jackson during the planned shows which had been expanded from the original dates to dates through March, 2010. AEG stated it wanted Murray to “wean” Jackson off medications, reduce his dependence on medications, and get Jackson to attend rehearsals and perform. AEG said it would hire Murray and pay him $150,000.00 per month for 11 months commencing May, 2009, through March, 2010, for a total of $1,650,000.00, along with other benefits, travel, and expenses. AEG stated it would pay for all of Murray’s equipment, supplies, personnel, and treatments administered to Jackson. AEG and Murray agreed Murray would start immediately. AEG Confirmed the Murray Agreement in Writing. On May 8, 2009, AEG confirmed the agreement stating AEG would provide Murray with Cardio-Pulmonary Resuscitation equipment and a nurse during his services. On May 8, 2009, Dr. Murray accepted the contract’s terms.
JUNE 18, 2010 THE DEMAND AS DESCRIBED IN BOTH JOE JACKSON’S FEDERAL SUIT AND KATHERINE JACKSON’S STATE SUIT:
On June 18, 2009, Michael Jackson did not appear at rehearsals. He continued to show both the signs and symptoms of the benzodiazepines and Propofol which Murray administered each night to get Michael Jackson to sleep. Jackson was unable to communicate with his friends and wasn’t making sense. On June 18, 2009, AEG’s agents traveled to Michael Jackson’s house at Carolwood in Beverly Hills, California. Michael Jackson was present, and they said they were there for a “drug intervention.” Murray attended the meeting at AEG’s direction… …At the June 18, 2009; meeting AEG demanded Michael Jackson stop seeing Dr. Arnold Klein and stop taking the drugs Klein gave to him. AEG said Klein’s drugs made him sleepy and prevented him from rehearsing. AEG demanded Michael Jackson take only the medications being given to him by Conrad Murray and to do what Murray said for him to do. AEG demanded Jackson show up for rehearsals. AEG stated that if Jackson missed any further rehearsals, they were going to “pull the plug” on the show, Jackson’s house, the doctor, and all the expenses for which they paid. There would be lawsuits and Jackson’s career would be over. They said he needed to work with Murray to get to sleep at night. They stated there would be no further failures to perform on his part or everything with AEG was over. AEG told Murray he had to make sure Jackson got to rehearsals. Unless Jackson got to rehearsals, the shows would be cancelled and Murray’s employment would be terminated. It was Murray’s job to assure Jackson was at rehearsals, and Murray was to attend rehearsals with Jackson. They said it was to be “tough love” and that they had read Jackson the “riot act.” Murray agreed each of AEG’s demands. On June 18, 2009, at 1:11 p.m., the very day of the “Riot Act” meeting at Jackson’s house, AEG sent Murray a written agreement regarding his services to AEG. Murray had been rendering his services to AEG under the May 8, 2009, oral Agreement, and AEG never instructed Murray to cease his services despite the fact Murray and AEG both knew Murray had not received the Cardio-Pulmonary Resuscitation equipment, the nurse, or other equipment AEG had promised. The written Agreement delivered to Murray on June 18, 2009, at 11:11 p.m. provided the “term” of Murray’s services was May 1, 2009, through completion of the concert series. In addition to the housing, insurance, travel, equipment, and premises where Murray would perform services, AEG was the only one who could fire Murray. Murray was to perform the services as AEG directed, and Michael Jackson had no right to terminate the Agreement. It was AEG who directed, controlled, oversaw, and supervised Murray’s services. The Agreement provided that Michael Jackson was to sign the document, which was never a part of the prior discussions between Murray and AEG and was not part of the May 8, 2009, confirmation of their oral agreement. The Agreement stated AEG would provide Murray with Cardio-Pulmonary resuscitation equipment and a nurse. However, AEG never provided the Cardio-Pulmonary Resuscitation equipment or a nurse.
When Jackson got to the rehearsal at the Forum in Inglewood, California, on June 18, 2009, at 9:30 p.m., a few hours after the “Riot Act” meeting, he was furious. He had no choice but to accept AEG’s dangerous demands or suffer severe economic consequences. He “stormed” into the building visibly upset. There were no smiles from Jackson like usual, and Jackson was acting scared to death. At AEG’s direction Murray went to the rehearsal that day to observe Jackson. Murray sat down and talked on the cell phone. Murray took directions from AEG, and he remained at the rehearsal until AEG excused him. On the evening of June 18, 2009, Murray attended to Jackson and gave him a cocktail of Valium, Ativan, Versed, and Propofol in order to get him to sleep. The “cocktail” Murray provided was similar to the medications he had given Jackson for the prior five (5) weeks, and Murray sought to make sure Jackson slept so he could attend rehearsals the next day. Murray administered Propofol…. Jackson appeared for rehearsals on June 19, 2009, at the Forum. Conrad Murray was also present at rehearsals on June 19, 2009, at AEG’s direction. Michael Jackson was upset, not coherent, and seemed drugged and disoriented. There were no rehearsals over the Father’s Day weekend. Jackson continued to receive treatments from Murray over the weekend. Jackson did not appear for rehearsal until Tuesday of following week, June 23, 2009. When he appeared for rehearsal, Jackson was disoriented and freezing cold. His assistants had to give him several shirts to wear under his long heavy coat because he was so cold. Jackson had to have a heater at rehearsals to unsuccessfully attempt to control his cold-shivering while everyone else in the June heat of the Staples Center was warm. Jackson’s shivering and disorientation continued on June 24, 2009, the last day before his death. On June 23, 2009, AEG forwarded Murray by e-mail a revised copy of the Agreement. On June 24, 2009, the night before Michael Jackson died; Conrad Murray signed the Agreement and faxed it to AEG.
Murray, Acres Home, and Global violated the Americans With Disabilities Act, 42 U.S.C. sections 12181 et. seq. by aiding, abetting, participating in and acquiescing in AEG’s interference with Michael Jackson’s medical treatments and medical decisions based on Michael Jackson’s disability of being addicted to legal prescription medications. AEG directed and controlled Jackson’s medical treatment through a pattern of discrimination based on his status as a disabled person. Murray aided, abetted, participated in, and acquiesced in AEG’s denial of Michael Jackson’s equal access to AEG’s services and public accommodations based on his disability, and AEG preconditioned Michael Jackson’s access to its services and accommodations based on his acceptance of dangerous medical treatments. AEG, in concert with Murray, Acres Home, and Global, retaliated against Michael Jackson because of his addiction and status as a disabled person by coercing him with threats of economic damages and termination of AEG’s services unless Michael Jackson submitted to dangerous medical treatments.
PER KATHERINE JACKSON LAWSUIT AGAINST ONLY AEG AND ITS EMPLOYEES MINUS DR. CONRAD MURRAY:
At the time of Michael Jackson’s death, Michael Jackson was in a contract With AEG that covered the production of a lengthy tour of live shows – the “This Is It” Tour~ featuring Michael Jackson. At the time of his death, Michael Jackson was under the immediate care of a doctor selected by, hired by, and controlled by AEG; indeed AEG demanded and required that Michael Jackson be treated by this particular doctor to ensure that Michael Jackson would attend all rehearsals and shows on the tour AEG had an employment contract with this doctor that, among other benefits, paid him $150,000 per month with his sole and exclusive job being to make sure Michael Jackson got to rehearsals and shows. Due to AEG’s actions and inactions, three loving children lost their father, a loving mother and father lost their son, the Jackson siblings lost their brother, and the world lost its most celebrated entertainer. AEG, through AEG LIVE, LLC, entered into a written agreement dated January 26, 2009, with the Michael Jackson Company LLC (THE AEG-JACKSON AGREEMENT). The agreement was an “artist loan out agreement” whereby Michael Jackson would perform a certain number of concerts and shows for AEG. The agreement was signed by RANDY PHILLIPS and Michael Jackson The AEG•JACKSON AGREEMENT provided that AEG would have the exclusive right to manufacture and sell Michael Jackson merchandise associated with the Tour In exchange for these and other revenues associated with the Tour, as well as for the privilege associated with sponsoring the This Is It Tour, AEG advanced Michael Jackson substantial sums of money, which it was to recoup through revenue from the Tour If, however, Jackson failed to perform, or fal1ed to generate the revenue to cover the advances, then AEG ~would have the right to collect the advance against security provided by Michael Jackson and his company, Michael Jackson LLC The assets from which AEC “could seize from Michael Jackson include the Sony/ATV song catalogue owned by Jackson (which includes iconic songs, by the Beatles, Aretha Franklin, the Jackson family, and many more) Indeed, AEG was even entitled by the contract to recoup from Jackson the production costs for the Tour Itself if the Tour were not to be successful. By virtue of THE AEO-JACKSON AGREEMENT, AEO came to control much of Jackson’s life. The home Jackson lived m was provided by AEG, his finances were dependent on AEG, and his assets stood as security if he failed to perform. Jackson’s physical health was also a focus of the AEG-JACKSON Agreement. The Agreement specifically provided that Jackson would assist AEO to purchase life insurance that would benefit AEG upon Jackson’s demise, and that Jackson would agree to medical examinations for the acquisition of that Insurance The contract also required Jackson to purchase cancellation insurance at his own expense and name AEG as the beneficiary. Right here my question if AEG had Michael Jackson so insured as to prevent ANY financial lost to them then why did they also need the Sony/ATV song catalogue?
Katherine Jackson’s Complaint goes on to say; “In early May 2009, AEG complained to Michael Jackson that he was missing rehearsals and states It was because of a negative health condition related to prescription medications. AEG instructed Michael Jackson to stop seeing and taking medications from his current doctor and to instead start seeing a doctor that AEG would provide. Next question would this not send up red flares of prescribing medications to a KNOWN addict? If so why are there no charges of this against Dr. Murray?
Mrs. Jackson’s complaint goes on to state almost exactly the same allegations as the federal complaint filed by Joe Jackson contains about the contract with Dr. Murray although it adds a couple of perks that the federal suit does not have listed; “…along with other benefits, travel, and expenses, including a large house In London and health insurance”. This California goes into the June 18th meeting and the threats made by AEG to Michael Jackson again stating there would be lawsuits, they would ruin him and the Sony/ATV song catalogue was again mentioned.
Katherine Jackson’s suit as does Joe Jackson’s suit state that AEG and Murray had the contract and that; “AEG could fire Murray If he did not perform to their liking. Murray was to perform the services as AEG directed, and Michael Jackson had no right to terminate the Agreement. It was AEG who directed, controlled, oversaw, and supervised Murray’s services.”
Katherine Jackson’s lawsuit also mentions the trauma to Michael Jackson’s oldest son by having to stand by and watch the death of his father. IF that is true then it is unforgivable in my opinion, can you imagine the nightmares this child most have?
Tomorrow’s article will deal with the answers by both AEG and Dr. Conrad Murray.
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