Conrad Murray and AEG Live. HAD IT NOT BEEN FOR THEM, MICHAEL WOULD BE ALIVE NOW

Before the start of Conrad Murray’s trial we need to make an overview of all facts concerning AEG’s involvement with Michael Jackson. This will be a sort of platform from which Conrad Murray’s trial can be finally watched.

Let me even make a bold statement that it will be the only correct platform to watch Murray’s trial from.

Learning all the facts there is to learn about AEG’s involvement in Michael Jackson’s life is an absolute must as besides Conrad Murray AEG was the only other direct participant in the events prior to Michael’s death. Their so-called contract with Michael Jackson already partially analyzed here (see parts 1, 2, 3 , 4 and 5 ) made us believe that the deal was not free from fraud and if it came to the worst was about to strip Michael Jackson of all his assets.

While preparing that contract – which is not even a contract but a Letter of intent with assorted papers attached to it – AEG employed numerous dirty tricks including making a cut-and-paste job and leaving some crucial pages unfinished, undated and unsigned (like Exhibit A which stated basic definitions the main contract fully depended on).

It didn’t bother AEG that the contract had a  forged signature of Michael Jackson on the last page of it where Michael was to sign for MJ Company LLC  – which,  for some reason, was the main AEG’s contractor for the tour. Yes, Michael Jackson the individual was not even a proper party to this so-called contract with AEG…..

After the first study of the extreme inaccuracy of AEG-MJ papers, their contract will have to undergo a second reading before Murray’s trial starts – this time from the point of view of its content and the company’s intentions towards Michael Jackson.  But in addition to that there are other documents which also need a brief look – Katherine and Joe Jackson’s lawsuits against AEG, AEG’s Demurrer to Katherine’s complaint, Conrad Murray’s contract with AEG and Lloyds vs. AEG dispute.

The task is enormous and there is too little time left to do it properly, so the posts I’d like to make in this connection will be only an attempt to review these documents.

The materials will be studied with two major goals in mind:

• uncovering all possible factual information related to Michael’s demise
• determining AEG’s role in it.

The documents selected for today’s post will be all those enumerated above except AEG’s contract with Michael Jackson proper.

* * *

Joe Jackson’s lawsuit has had a long and winding road as it was filed, re-filed and then finally amended on June 27, 2011.  (Update: On Feb.21, 2012 it was thrown out as a double to Katherine Jackson’s lawsuit, though it actually wasn’t a double. The judge suggested that Joe should join Katherine’s suit as hers was filed earlier).

The 2011 amendment to Joe Jackson’s lawsuit included AEG Live as an additional defendant who in the opinion of the plaintiff bears responsibility for Michael Jackson’s death along with Conrad Murray and his company, GCA Holdings LLC.

I fully agree that AEG bears responsibility for Michael’s death too and that is why despite our common distrust for Joseph Jackson and his lawyer Brian Oxman, studied their lawsuit on a par with other documents related to AEG. To my big surprise the amended part of the lawsuit turned out really good — it is well-grounded, very much to the point and supported by interesting facts and documents, including two draft contracts between AEG and Conrad Murray. It also provides some unique details like the circumstances of June 18, 2009 infamous meeting where AEG made harsh demands of Michael Jackson and read the so-called “riot act” to him.

Randy Phillips: “Let me tell you a story: Michael had missed two rehearsals … the cast and crew were waiting and he was really late. He hadn’t left his house yet. So I called and yelled at him. We had a fight. He finally got there and I got there a little later. He was sitting in a chair, going over notes. He walked around the table and walked past me. But he didn’t want to be rude so he stopped. Put his arm on my shoulder, tapped it, then walked on. He was mad but he still didn’t want to be impolite. That was Michael.”

Among other things in his lawsuit Joe Jackson states that AEG directed and controlled Murray, taking advantage of his difficult financial situation; required Michael to accept Murray’s dangerous treatment, displayed gross negligence by failing to provide the necessary medical equipment and a nurse, and thus didn’t exercise due care which caused Michael Jackson’s death.

As we know AEG doesn’t accept even a morsel of their guilt. The document where they most fully state their cold, detached and truly hypocritical position as regards Murray and Michael Jackson is their Demurrer to Katherine’s complaint.

The fact that I refer you to Katherine’s suit and not to Joe Jackson’s to quote their answer (probably AEG made one, only I do not know of it) does not really matter as AEG’s reply to Katherine Jackson states their official position towards Murray and Jackson and this official position naturally should not differ from document to document.

Let us see what AEG thinks of its involvement in all this nasty AEG-Murray-Michael Jackson business as it is stated in their Demurrer to Katherine Jackson’s complaint (Dec.30, 2010):

p.5  Michael Jackson at all times retained the option of refusing Dr. Murray’s services, or of canceling his agreement with AEG. ….AEG in no way actually controlled Michael Jackson’s conduct even under plaintiffs’ alleged facts.

p.6  The draft agreement expressly states that Dr. Murray and his medical company were to be engaged as independent contractors at [Michael Jackson’s] request.

Unless Michael Jackson signed the agreement, acknowledging that he requested Dr. Murray’ services, then Dr. Murray would have no contract with AEG and AEG would have no obligations to Dr. Murray. …And the costs of Dr. Murray’s services were to be borne principally by Michael Jackson.

p.7 AEG did not choose or hire Dr. Murray; it merely conducted negotiations aimed at retaining him as an independent contractor on the tour – but only for Michael Jackson’s benefit and only if Michael Jackson expressly consented to its doing so.

p.8 … plaintiff’s allegation that AEG is liable because it failed to provide a nurse and medical equipment to Dr. Murray is foreclosed by the draft Murray-AEG agreement, which expressly states that AEG owed Dr. Murray no obligations unless the agreement was signed by Michael Jackson. Dr. Murray signed the agreement – indicating he understood he would receive no medical equipment unless Michael Jackson also signed the agreement – and Michael Jackson did not sign.

p.8 …it simply was not foreseeable, even on the most liberal view of the facts alleged, that Dr. Murray, a licensed physician with no alleged history of malpractice, would administer anesthesia in Michael Jackson’s home. ….it makes no sense to impose on Defendants a duty to prevent the totally unforeseeable circumstance that Michael Jackson would die in his home from an overdose of anesthesia.

p. 9 AEG could not have hired or supervised Dr. Murray negligently because AEG did not hire or supervise Dr. Murray at all.

p. 10 ..plaintiffs allege… that AEG “knew or should have known that Murray was nightly administering sleep remedies to Jackson”. Yet, plaintiffs tellingly do not cite a single fact suggesting how AEG could have obtained this knowledge.

p.11 ..plaintiffs’ negligent supervision claim rest on plaintiffs’ allegation that AEG… did not conduct a background check before hiring Murray… Defendants’ alleged failure to conduct a background check would be pertinent only if plaintiffs also alleged that such a check would have revealed facts sufficient to put Defendants on notice ofMurray’s dangerousness. But plaintiffs did not – could not – do so.

p.11 Plaintiffs’ third cause of action for fraud and constructive fraud must also be dismissed because plaintiffs fail to state a claim for fraud. The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) justifiable reliance; and (5) resulting damage. A fraud action against a corporation requires the plaintiff(s) to allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote and when it was said or written”. [by the way, helpful information for us]

p. 12 Plaintiffs fail entirely to meet this burden. Instead they allege only generally that Defendants “made false representations to Michael Jackson that they were looking out for his best interests and well-being” and “that they would provide a doctor and equipment to Jackson to keep him healthy”. Plaintiffs do not actually specify the representations made. Nor do they make any attempt to identify who made these statements, when they were made, by what means they were made, or whether the speaker had authority to make them.

p.12 In addition, plaintiffs’ allegation that Dr. Murray was provided by AEG against Michael Jackson’s wishes is inconsistent with the draft AEG-Murray agreement and should be disregarded.

p. 13 Plaintiffs allege that AEG was the “controller and employer” of Dr. Murray, and that accordingly AEG should be vicariously liable for Dr. Murray’s alleged negligence. Plaintiffs make two claims: first, that AEG orally agreed to employ Dr. Murray, and second, that AEG employed Murray through a written contract signed by Dr. Murray on June 24, 2010 (sic)

p.13 The draft agreement shows plainly that Dr. Murray and a subsidiary of AEG were negotiating an independent contract agreement – but that agreement, by its own terms, never became effective. Rather, the draft agreement indicated that absent formal, written endorsement by Michael Jackson, the parties would have no “rights and obligations” to one another. The agreement also reveals on its face that this formal, written endorsement never took place. On page six, there is a space for Michael Jackson to confirm “that he has requested [AEG’s subsidiary] to engage Dr. Murray on the terms set forth herein on behalf of and the expense of the undersigned”. That signature box is blank.

p. 13 By signing the document, Dr. Murray confirmed his understanding that absent Michael Jackson’s signature, there would be no employment or independent contractor agreement between them. The draft agreement is plain and unambiguous, and unequivocally demonstrates that AEG and Dr. Murray did not have an oral or written employment relationship of any kind.

p. 15 Claims for wrongful death due to medical negligence are subject to a one-year statute of limitations under Code of Civil Procedure section 340. …Katherine Jackson failed to bring her claim within one year of Michael Jackson’s death on June 25, 2009. Accordingly, her claim warrants dismissal on this independent ground.

p.15 The fifth cause of action must also be dismissed against individuals Phillips, Gongaware and Leiweke. Even if AEG employed Dr. Murray (and plainly it did not), vicarious liability flows to the employer, not to other alleged employees. There is no basis for holding these individuals vicariously liable for Dr. Murray’s conduct.

 If we listen to what AEG Live says to Katherine Jackson about her son’s death we’ll find out that such an outcome was totally “unforeseeable” to them and the company never hired Conrad Murray and has no responsibility whatsoever for anything Murray did to Michael Jackson. There were “negotiators only” but their contract was “ineffective” as Michael Jackson did not put a signature under it. Consequently it looks like Murray was not even in their employment – ever.

Can all this be true? To learn an answer to this question first we need to ask a few questions ourselves:

How long did it take AEG to negotiate their contract with Murray and what progress did these negotiations make during that period of time?

Joe Jackson’s lawsuit has an attachment to it with two draft contracts between AEG and Murray which will enable us to answer this question.

Initially Conrad Murray was rendering his services to AEG under the May 8, 2009 oral Agreement only the main terms of which were covered in one of the AEG emails (stating the period, insurance, housing, fee and all the rest of it). At some point in time a draft contract was made and on June 24th its final variant was signed by Murray (no one else signed it). Comparing the two drafts we can see what progress was made between the two of them and why it took AEG so long to finalize the contract.

There is very little difference in the text – in one variant Dr. Murray is called “an owner of GCA” and in the other he is simply employed by it, the duration of the concert period is different too and … these are about all the changes made.  (Correction of April 3, 2013: The date since when the contract becomes effective was also changed, but this will be discussed in a separate post).

Judging by the main guidelines set already in the email of  May 8th and very little progress made later there was a good deal of pretence on the part of AEG that their “legal department was working hard on it” and that the matter was not easy. What was decided on May 8th practically did not change until June 24th and this is why it seems that AEG was just delaying signing their contract with Murray and was doing it intentionally.

Only a couple of minutes ago AEG was saying to Katherine Jackson that there was no proof that AEG had ever made false misrepresentations [to Michael Jackson] and that no one identified who and when made those misrepresentations –  and voila, here we have an email from Timm Wooley, AEG’s Tour manager of May 28, 2009 where he is lying to Conrad Murray [and via him to Michael Jackson] that their “legal department has not yet completed the agreement which is rather specialized since it is a rare event that a physician is engaged to accompany a touring artist”.

Timm Woolley requests “Murray’s patience a little longer for the agreement to be completed”. As you know this brief patience had to last until June 18, 2009 when as a result of the “riot act” and probably on the insistence of Murray or Michael Jackson the draft contract was finally presented to Murray for signing (as to payment, it was never made).

Here is the email from Timm Woolley of AEG to Conrad Murray:

Date:  Thu, 28 May 2009 18:20:25 +0400

Dear Conrad

The legal department has not yet completed the agreement which is rather specialised since it is a rare event that a physician is engaged to accompany a touring artist.

In any other circumstance I would agree that payment should be made as close as practicable to the due date, but AEG policies dictate that payments can only be made under a fully-executed agreement.

We are working on it and, if is any consolation for the brief wait, the reason I suggested the mid-month (rather than customary month end) due date was to anticipate some teething problems in the first payment.

Please may I request patience a little longer for the agreement to be completed.

With kind regards,

Timm

Timm Wooley

LA office + 310 458 3720

Frankly, I don’t think that a doctor accompanying a 50-year old star is such a “rare event”, but whatever it is, the main point is that the absence of any difference between the original and final versions shows that AEG had no reasons for withholding the contract and was delaying its disclosure to Murray on purpose.

Why did AEG intentionally delay signing the contract with Murray?

1. INSURANCE

There might be numerous reasons for this intentional delay.  One of them is AEG’s desire to avoid having any written documentation on hiring a doctor for Michael Jackson until the time he underwent his second medical examination in London (which was to be made on Lloyds’ insistence). This examination was a necessary obligation for the whole of the insurance policy to become effective as up till then only its “accident’ clause was valid and enforceable (and even this clause is being disputed now by Lloyds):

Quote from Lloyds suit against AEG:

• 13. The Policy wording is amended by certain Conditions Additional, one of which states as follows:  In respect of Michael Jackson, cover hereunder is restricted to losses resulting from Accident only until such time as Underwriters have seen and agreed the medical report from the medical taking place in London and Underwriters’ representative has attended the rehearsals taking place in London. 

• 47. No medical examination of Mr. Jackson took place in London and, accordingly, no medical report was ever prepared. Underwriters’ representative did not attend London rehearsals as Mr. Jackson died before traveling to London for such examination or rehearsals. Thus, the only covered peril under the Policy was an “Accident”

Point 4 of  the Insurance Policy is extremely interesting and relevant to us:

• 4. It is a condition precedent to the Liability of the Insurers that the Assured has:

4.2.1. established to their best knowledge and belief after making reasonable inquiry that no Insured Person has any physical, mental or medical condition or is undergoing any treatment, medical or otherwise, other than those advised to the Insurers and agreed by them in writing, and that each Insured Person is fit to fulfil the commitment insured herein.

4.2.2 accepted that any such pre-existing condition in (4.2.1) agreed by the Insurers will only be covered hereunder if the Insured Person continues to follow any medical advice regarding the Insured Person’s well-being during the period of this Insurance.

This point refers to the Assured which is AEG Live*, while Michael Jackson the individual is the Insured  i.e. the actual subject of insurance. So under the terms of the Insurance Policy it is the Assured who is obliged to establish that the Insured does not undergo any treatment other than that advised by the Insurer (Lloyds).

This  means that if at the time of the new medical check-up in London Doctor Murray was found to be providing treatment to Michael Jackson numerous questions would arise in respect of AEG and some clauses in their insurance policy would prevent it from taking effect – thus denying the Assured the indemnity of $17,500,000.

In case the fact of MJ’s treatment was uncovered, AEG as the Assured (who were to benefit from that insurance – otherwise now they wouldn’t be asking Lloyds to pay them) could be found to have made a “misrepresentation” (a lie) to the Insurer which would make the policy invalid – and therefore it was absolutely not in the interests of AEG to sign an official contract with Murray, at least until the second medical examination took place soon after Michael’s arrival in London.

Conversely it was absolutely in the interests of AEG to pretend they never heard of any medical problems of Michael Jackson and that the doctor was needed only for general overseeing the health of a 50-year old performer during the strenuous London concerts. In case any serious medical problem arose they intended to present the case as if they heard of it for the first time – which they actually did when Michael Jackson died and the whole story with propofol was uncovered.

Considering that the necessity to obtain a medical insurance was imposed on Michael Jackson by AEG as a condition of their deal we can safely assume that it wasn’t Michael Jackson’s will or intention to go into this insurance deal, especially since it involved payment of a premium of $437,500.00 and for 30 concerts too.

All he wanted to do was 10 concerts which were initially agreed with AEG. The more concerts were scheduled the higher the health risk was and the bigger the premium and the rate at which it was calculated were. At the moment I cannot assert that it was MJ who paid the insurance fee for the policy –  his ‘contract’ with AEG obliged him to obtain the medical policy but did not explicitly specify who was to pay for it.

But whatever is the case with the fee, it is clear now that while every tabloid is shouting about “Michael Jackson lying about his state of health” they are misdirecting their screams, shouting at the wrong person again. I suggest that those who are shouting loudest – TMZ for example – should better look in AEG’s direction and see the ugly face of a real fraudster and tricks it is able to go to in order to reach its dirty goals.

And the trick is that AEG as the Assured  knew that Michael Jackson was treated by a doctor beginning May 1, 2009  but refrained from signing a contract with him in order to purposefully misrepresent the case to Lloyds during Michael Jackson’s second medical examination in London.

EXAMINER: His death was a shock to the world, yet Michael passed the physical to sign on to the tour, as you said, with “flying colors.” RANDY PHILLIPS: “He took the physical in March long before he died. He had a passing bill of health. Michael did not die from ill health, it was a tragic accident.”

As regards Michael Jackson there was no fraud whatsoever as he did subject himself to an independent medical examination and did indeed pass it in March 2009 with flying colors – so his conscience was clear when as a result of it the Lloyds insurance broker in L.A. issued a policy effective from 24th April, 2009 (when no propofol was yet given or even bought by Murray) through 19th January, 2010.

The occasional visits he made to doctors other than dermatologist Arnold Klein for the five years prior to that are no reason to believe that he had any serious medical history to be presented to Lloyds which could incriminate him in a fraud. So TMZ had better stopped screaming and shut up as far as MJ is concerned.

This situation must be the reason why it is the Michael Jackson Estate which now filed a counter claim against the insurance company – while AEG Live, according to Lloyds, is keeping complete silence and is unable to provide a single document in support of their claim for the insurance indemnity.

Quote from Lloyds vs. AEG:

• 29. Despite Underwriters repeated requests for necessary information, AEG has steadfastly refused to provide the information and has delayed in responding to Underwriters’ numerous requests for access to vital information. Absent the information requested, Underwriters cannot take meaningful examinations under oath of key witnesses with knowledge of necessary information and Underwriters cannot determine whether AEG’s claim is covered or not.

*Note: A small correction should be made to the term “Assured” under a Lloyds Insurance Policy.

Technically speaking the term included both AEG and Jackson LLC, however at the time of preparing the Policy Michael Jackson had no control over his company at all.  It was fully run by Dr.Tohme Tohme.  This fact is clearly manifested not only by Michael’s own words that he was afraid of his manager who had full control over his business, but also by the AEG contract with MJ which is heavily biased in favor of  Tohme.

To show you the extent of  Tohme’s power over Michael’s business affairs  here is another proof of it.  It is an excerpt from the Lloyds policy which was extended to include Dr. Tohme Tohme too – as if Michael’s performance could depend on that man!

• 14. This Insurance extends to include the following Named Persons under the Named Person(s) Extension NMA 2845:

Dr. T Tohme.

Additional Named Persons to be notified to and agreed by the Insurer(s).

Michael’s insurance extended for Tohme!

The insurance was definitely a reason which prompted AEG to delay their contract with Conrad Murray, and in connection with that other AEG’s actions are also becoming clearer to us.

2. EQUIPMENT

Under their draft agreement with Murray AEG was to provide the CMR equipment and a qualified nurse during his medical services to Jackson.

Despite AEG’s claim that “it is a rare event that a physician is engaged to accompany a touring artist” you will agree that there is nothing unusual if a doctor follows a middle-aged performer or a sportsman during his tour.

What makes the agreement unusual is a provision of a “cardio pulmonary resuscitation unit (“CMR Machine”) and a “qualified medical assistant” employing “saline, catheters, needles and other mutually approved medical equipment, necessary for the services” as stated in the AEG-Murray contract.

This is really something which was sure to raise eyebrows of the insurance brokers and provoke questions from them about why all this equipment was necessary if the Insured was fit as a fiddle and was not undergoing any treatment whatsoever.

But we, on our part, will ask another question – was AEG indeed unaware of what kind of services Conrad Murray was rendering to Michael Jackson?

Now AEG says they were innocent as a baby and had no idea what was going on in Michael’s home –  however their own enumeration of the obligations about a “resuscitation unit” and a qualified medical assistant with “needles, catheters, etc”  speaks to the opposite and show that they knew of Murray’s type of treatment all right.

Another crucial point concerning the resuscitation equipment is that the draft contract with Murray fixed the date when it  was to be supplied.  After Michael’s death AEG’s Randy Phillips alleged that the medical equipment was to be provided only in London and not the USA, however their contract with Murray proves the opposite and makes Randy Phillips’ statement about “London only” another of his lies.

AEG released the following statement to ABC News: “The medical supplies in question were requested by Dr. Murray for use specifically in London in the event an unexpected need arose. When asked why these supplies were needed, Dr. Murray said that Michael Jackson was in excellent health but an artist of his stature should have this equipment on-hand when engaging in this type of performance. Dr. Murray did not ask for these items for use in Los Angeles.”

Both draft contracts with Murray (initial and final) state that he was to render his services in the UK and the US:

1. …. Dr. Murray shall perform such services in London, Englandduring any time periods in which the Artist is located in London, and at all other times during the Term, the Services will be performed in the United States”.

Both draft contracts clearly specify that the resuscitation equipment was requested by Dr. Murray from the very start and was to be provided “during the Term”.

And what is understood as the Term in AEG’s draft contracts?

The Term was to commence on May 1, 2009 and continue through the end of the last performance of the Artist in the Concert Series.

Judging by the first draft contract with Murray, on May 1, 2009 AEG already knew that it was their obligation to supply the equipment to Michael Jackson’s home and on the same day when the treatment was starting.

And the second draft contract shows that on June 24, 2009 they knew that the equipment was to have been supplied by AEG a month and a half  before the proposed signing of the contract with Conrad Murray!

Please compare the above with Randy Phillips’ words about Dr. Murray not asking that equipment in Los Angeles and you will know who is telling lies on behalf of AEG – while their Demurrer to Katherine Jackson pretends they don’t know who it is!

AEG released the following statement to ABC News:

• “The medical supplies in question were requested by Dr. Murray for use specifically in London in the event an unexpected need arose. When asked why these supplies were needed, Dr. Murray said that Michael Jackson was in excellent health but an artist of his stature should have this equipment on-hand when engaging in this type of performance. Dr. Murray did not ask for these items for use in Los Angeles.”

And Conrad Murray’s contract with AEG says otherwise:

• 3.3. Producer shall provide Dr. Murray for his use during the Term with medical equipment requested by Dr. Murray to assist him in performing the Services as approved by Producer (“Equipment”). The Equipment will include a portable cardio pulmonary resuscitation unit (“CMR Machine”), saline, catheters, needles, a gurney and other mutually approved medical equipment, necessary for the Services”.
• 2. The term of this Agreement shall commence as of May 1, 2009 and shall continue through the end of the last performance o fhte Artist in the Concert Series unless sooner terminated in accordance with the terms and conditions of this Agreement (the “Term”).

You have  also heard numerous statements from AEG’s officials that since the contract was not signed they were not obliged to fulfill it, which is all wrong as firstly:

“A contract is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing. Contracts can also be formed orally” (http://en.wikipedia.org/wiki/Contract)

and secondly, we are not even discussing whether AEG’s contract with Murray was valid or not – all we need to know is whether AEG knew or didn’t know that 1)  they were to provide certain equipment, 2) what equipment they were to provide and 3) at what particular time.

And their draft contract with Conrad Murray shows that they knew what they were to do and when.

CMR Machine is not an everyday pulse oxymeter or a thermometer kept in every home, so AEG must have surely known for what purpose this highly specific type of equipment was needed – guys working for AEG will not give a cent without double-checking what it goes for, so imagining that they didn’t know why Murray needed a “resuscitation unit” is simply impossible. They knew it all right and this is what makes their innocent-looking stares and feigned surprise so revolting now.

And the May 1, 2009 date proves that they knew about their obligations to supply the equipment from the very beginning of Murray’s services, therefore their failure to provide the equipment acquires a really sinister meaning.

No matter why they did it – to fool the insurance company or in simple but total disregard for Michael Jackson’s well-being – what is important is that they willfully ignored this crucial point of their agreement with Murray and this factor became one of the major reasons which brought about Michael Jackson’s death.

If the equipment had been there Michael Jackson would be alive now.

3. DOCTOR

Though the above points concerning why AEG delayed signing their contract with Murray are more than suffice for any criminal investigation, I am still looking into other reasons why AEG so terribly dragged their feet with Murray’s contract.

With all of the above still being valid another likely reason why they played their dirty game with Murray’s contract is a possibility of a dispute between AEG and Michael Jackson over who was to pay the doctor or Michael’s disagreement with Murray’s services in general.

Randy Philllips of AEG said on numerous occasions that it was Michael Jackson who insisted on Murray as his doctor. Yet, you will agree that there is a big discrepancy between AEG’s statement about Jackson’s “insistent” request for Murray’s services and absence of his signature on the last page of Murray’s contract under the following statement:

• “The Undersigned herefy confirms that he has requested Producer to engage Dr. Murray on the terms set forth herein on behalf of and the expense of the undersigned”

If Michael Jackson was so much eager to have Murray as his doctor how could he refuse to put his signature under Murray’s contract and for almost two months too?

Could he afford to have a disgruntled doctor by his side if he knew that his life wholly depended on that doctor?

Could he allow himself to be put to sleep not being sure that the doctor – worried with his own financial woes – would fulfill his duties properly and he would wake up the next morning at all?

Was is in Michael’s interests to economize on payment to the doctor?

The answer to these questions is NO, ABSOLUTELY NOT.

Considering how scared for his life and health Michael was and how attentive to his doctors he was as a result of his concerns, it is much more probable that he simply didn’t know that Murray was having all those problems and wasn’t paid for his services. The money was to be remitted by AEG anyway and AEG didn’t report to Jackson on what they did or didn’t do.

The agreement for Murray’s services was between Murray and AEG, and not Michael Jackson and all the money was to be remitted to Murray by AEG (remittance is a funny word and is not equal to payment– you can remit the money first and then demand that someone recompenses it to you, thus making this somebody a real payer).

However if we recall Timm Woolley’s email it was speaking about payments, so as far as Conrad Murray goes he was absolutely sure that payments were to come from AEG:

“In any other circumstance I would agree that payment should be made as close as practicable to the due date, but AEG policies dictate that payments can only be made under a fully-executed agreement.

We are working on it and, if is any consolation for the brief wait, the reason I suggested the mid-month (rather than customary month end) due date was to anticipate some teething problems in the first payment”.

Timm Woolley

The AEG-Murray’s contract was however much more elusive about the subject and spoke about remittances only:

1. As full and complete compensation for all of the Services to be provided by Dr. Murray under this Agreement, Producer shall remit payment to GCA in the amount of $150,000 per month to be paid on the later of the fifteenth day of the month of the five business days after the execution and delivery of the Agreement. [“execution of the Agreement” is where the trap is – if the Agreement is not executed there will be no remittance even if someone works for them for several months. Later they will just pretend it never happened!]

Since remitting money to Murray was none of Michael Jackson’s business and AEG’s official version was that Murray’s contract was still unfinished (while they were actually delaying it until Michael’s second insurance medical examination in London),  Michael Jackson could be completely in the dark as to what signature he was to put under the doctor’s contract – especially since it was still in the making as Timm Woolley was writing to Murray.

All of it was a big game on the part of AEG where no one really knew what was going on and only AEG was the real mastermind of the situation. Remember that delaying Murray’s contract was in AEG’s interests – not Michael Jackson’s, whose health fully depended on the only doctor he had.

It wouldn’t surprise me  if we learn one day that Michael didn’t know either that it was his responsibility to pay for Murray’s services – his contract with AEG did not give a hint at such a crucial obligation on his part!

On AEG’s insistence Michael Jackson was to pay Dr. Tohme Tohme the amount “not exceeding $100,000 per month” though Dr. Tohme was supposed to be Michael Jackson’s manager and it was none of AEG’s business to specify in their contract with MJ how much he was to pay him or anyone in his employment!

Absence of clearly stated information about payment to a doctor in ‘contract’ between Michael Jackson and AEG is all the more striking if you compare it with a point where AEG specifically states that Michael Jackson is to pay Dr. Tohme Tohme and the amount “not exceeding $100,000 per month” too.

Dr. Tohme was supposed to be Michael Jackson’s manager and it was none of AEG’s business to specify in their contract with MJ how much he was to pay to Tohme, Frank Dileo or anyone else who in his employment!  But AEG nevertheless considered it possible to forcefully include Dr. Tohme into Michael Jackson’s payroll – while simultaneously keeping complete silence about Dr. Murray!

However in terms of their non-disclosure policy as regards the insurance company this is no surprise at all…

From Joe Jackson’s suit it becomes clear that the insistence on Michael’s signature under Murray’s contract arose much later.

The suit says it point blank that the first, oral agreement with Murray, on the basis of which Murray was working at least until June 18, 2009 (when he saw his written contract with AEG for the first time) did not specify any ‘signature’ by Michael Jackson:

1. A prior draft of the agreement existed for internal purposes. Murray had been rendering his services to AEG under the May 8, 2009, oral Agreement. Jorrie forwarded the written agreement toMurray, with copies to Woolley, Irma Magana, and Brigitte Segal, at 11:11 p.m. on June 18, 2009, which was after the “Riot Act” meeting between AEG and Michael Jackson [which makes me think that if it hadn’t been for that riot they would have delayed showing the contract even longer].

1. …The written contract mirrored the May 8, 2009, oral agreement, except it required Jackson’s signature, which was not part of the oral agreement.

And this means that if Murray didn’t know about the need for that signature, Michael Jackson most probably didn’t know about it either…

Some of us will argue that Michael could have known about the need to sign, but he simply didn’t want to put his signature on Murray’s contract. Though it is quite possible it doesn’t make AEG’s situation any easier – if Michael didn’t agree to sign, it means he didn’t want the doctor, and if Michael didn’t want the doctor, it was AEG who was imposing Murray on him and Michael was only putting up with Murray only until someone else came his way.

Surprisingly but recently we received confirmation that Michael did indeed want another doctor instead of or in addition to Contrad Murray.  In an interview with TMZ  both  Harvey Levin and Dr. Arnold Klein mentioned that Michael was looking for an anesthesiologist some two weeks before his death. To Klein this information does’t make sense but to me it does – AEG provided a doctor from their side, while Michael wanted his, the one he could trustand who was professional in administering his unfortunate sleeping aid:

Klein          I read the article in People magazine that AEG hired Murray and I think that if I would hire a doctor for a very famous person I would make sure that the doctor was qualified to be the physician to this patient.

Levin         So you had told me something earlier about Dr Murray and Michael Jackson, that at a point MichaelJacksonsaid, “I need an anesthesiologist.”

Klein          Okay, this is not what I said. You heard it from someone else but I’ll tell you what my feeling is on this, because…

Levin         An associate of his.

Klein          Somebody told me that, that Michael called two weeks before he passed away saying he needed an anesthesiologist, which makes no sense when he has Murray there who’s giving him this anesthesia.

The last few weeks even brought us the name of a possible candidate for the job – it was Dr. David Adams who says he was contacted by Michael Jackson and Conrad Murray and they suggested he accompany Michael on the tour. The doctor was obviously a much better choice than Murray as he used to administer propofol to Michael on four occasions earlier (due to some oral surgery in 2008 or around that time) and was familiar with Michael’s system. He even agreed to accompany Michael to London, but strangely enough, despite the doctor’s consent the other side did not contact him further:

• Adams texted Murray, “I’d like to be on board. Let’s talk about it.” However, MJ and Murray never contacted him again, according to Adams.

Okay, it is clear why Conrad Murray didn’t want or contact Dr. Adams (he was a competitor to Murray) but why didn’t AEG agree to have him instead of Murray if they indeed did what Michael requested, and were simple “negotiators” with the  doctors chosen by Michael as they claim they were?

No, everything points to the fact that AEG specifically wanted Conrad Murray to attend to Michael’s needs and that Murray was their choice, not Michael Jackson’s.

Why did AEG want Conrad Murray only?

Joe Jackson’s suit addresses this question directly and says that a doctor who was having serious financial difficulties was much easier for AEG to manipulate and control.

J.Jackson’s lawsuit:

88. AEG knew Conrad Murray was having financial difficulties and utilized that fact to induce him to provide dangerous medical services it directed for Michael Jackson. Murray was unable to pay his child support of $1,103 a month for one of his seven children, Christopher C.Murray, whose mother was Nenita Malibiraun. Murray did not have funds to support his other six children, his house was in foreclosure in Las Vegas and he was experiencing serious financial difficulties. Dr. Murray had submitted a financial declaration dated April 8, 2008 … where he stated under penalty of perjury that his gross monthly income was $3,300.

112. Murray was not an independent contractor despite the Agreement’s “boilerplate” language which attempted to recite he was independent. The services Murray provided were inherently dangerous and needed Carido-Pulmonary Resuscitation equipment, along with a nurse, because of the peculiar risk of Jackson’s collapse and possible death. AEG was to provide all tools, equipment, premises, housing, transportation, insurance, expenses, directions and control of Murray’s services, and AEG’ s hiring and firing of assistants demonstrated an “employee” relationship, not an independent contractor status.

Indeed, though as regards Murray AEG’s contract elusively says that they are to “remit” money to him, as regards his nurse they admit it is them who are to pay her. Naturally this assistant is to be approved by AEG as their contract says:

• 3.4. Producer shall pay a mutual approved fee for a qualified medical person (the “Assistant”) selected by Dr. Murray and approved by Producer. The Assistant will provide assistance in connection with the Services required of Dr. Murray under this Agreement.

Another point of Joe Jackson’s suit concerning payments to Murray looks like a positive sensation to me. It sends us to a certain Exhibit D attached to the lawsuit which is actually the cost of all medical supplies and medicines purchased or planned to be purchased by Murray and covered by AEG.

You still don’t understand what it means?

It means that AEG knew what medicines Conrad Murray was buying and therefore they definitely knew that Murray was buying Propofol. How could they NOT know it if they were paying his medical bills?

J.Jackson’s lawsuit:

89. The $150,000 a month AEG was to pay him represented a $146,800 monthly increase over Murray’s previous earnings. The additional costs AEG covered was another $39,045 each month (Exhibit D)

Here is Exhibit D which shows that AEG had a special budget for Murray and was covering all his medical expenses (including Propofol) for his attendance to Michael Jackson’s needs. It drives the final nail into the coffin of AEG’s big lie that they did not know that Propofol was being administered by Murray and that the whole thing was totally “not foreseeable” to them.

To be able to cover the expenses AEG needed receipts from pharmacies, otherwise Murray was to pay from his own pocket – which he most probably didn’t want to and definitely had no financial possibility to. Not only didn’t he receive any payment from AEG yet, but he also left his former practice giving him $3,300 a month, which therefore made him totally unable to pay any bills himself!

Exhibit D is an effective proof that AEG knew that Murray was administering Propofol, and this makes all their declarations about them being innocent babies who didn’t know what was going on in Michael’s home a big, glaring and insolent LIE.

Let us limit ourselves now to a mere statement of this fact though the knowledge of AEG being aware of Propofol is opening a whole new and vast area for the discussion of their motives  –  from why they didn’t provide the necessary resuscitation equipment (if they knew that Propofol could be deadly) to why they refused the services of Dr. David Adams who was more experienced in administering the drug and insisted on Murray instead? Let us hope that one day we will be able to look into that too while now we need to finish up with Murray’s contract and Joe Jackson’s suit based on it.

Joe Jackson was absolutely right when he said that Murray was acting not as an independent contractor but was employed by AEG, controlled and directed by them.

J.Jackson’s lawsuit:

111. 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. Michael Jackson had not right to terminate the Agreement. It was AEG who directed, controlled, oversaw, and supervised Murray’s services.

All major decisions could indeed be taken only after AEG’s approval. No word or even a hint is stated as regards Michael Jackson having a say in the process.

The contract states that Conrad Murray was to perform services requested by AEG (and not Michael Jackson), which is simply amazing considering that though doctor is being hired for a fully able person (and not a senile invalid) he is to listen to and follow instructions of someone else.

It becomes all the more amazing after you hear AEG’s proclamations about Murray being an “independent contractor”. Any independent contractor, if he is really independent, should know better which course of treatment to give to the person in his charge and should not listen to anyone else who is not a professional in medicine –  even if it is his employer.

However AEG’s contract with Murray says that he should render services requested by them:

• 4.1. …GCA and Dr. Murray shall perform the Services reasonably requested by Producer. 

Another amazing fact is that AEG requests the doctor to produce his license, proving that he is able to render medical services, only two weeks after signing the agreement (if it is ever signed), but not earlier:

• 4.4.  Present to Producer within two weeks from the date of this Agreement documented proof of any and all licences required for Dr. Murray to practice medicine in the United States and to perform the Services under this Agreement 

The above means that Dr. Murray was allowed by AEG to ‘render services’ to Michael Jackson  for two months running (and now we know that AEG knew that it was an extremely dangerous Propofol)  without anyone even checking his qualification and asking for his license?

Does it mean that if it remained a solely oral agreement the Producer would not even bother to check whether the doctor had a license or not? And they chose this doctor over Dr. David Adams who was also willing to go and was undisputedly more qualified to do the job as he knew how to administer Propofol?

Do we need any more proof of AEG’s gross negligence? Or can this negligence be even qualified as malicious intent as some will suspect?

Remember Katherine Jackson’s complaint that AEG was negligent towards her son and AEG’s condescending answer to the poor bereaved woman? They laughed her claims off and said in their Demurrer that they bore no responsibility for anything at all – while now,  in Murray’s contract, they admit they knew they were to provide the resuscitation equipment and never did it, imply they covered the doctor’s bills for the medicine purchased and say they hired the doctor without even asking for his license!

Isn’t all of it amazing to say the very least?

Joe Jackson said in his lawsuit that Michael Jackson did not have the right to terminate Murray’s agreement with AEG. Indeed, termination of his services was possible only by the Producer while Michael Jackson’s sole right was to say whether he wanted or needed the services of Dr. Murray any longer  – however it didn’t mean that the doctor was to be fired as it was only the Producer who had the right to fire or employ (it was their contract with Murray, not Michael Jackson’s!)

The Murray-AEG contract says:

• 7. The Term of this Agreement and this Agreement  may be terminated as follows:

7.3. Immediately by Producer if the Artist decides for any reason that the Artist no longer wants or needs the services of Dr. Murray.

What’s the use of all that AEG’s make-believe game about Murray enjoying an “independent contractor’s status” if  his personnel was required by the contract to:

• 8. “refrain from making any representation by word or conduct whereby any other person might understand or believe that such persons are employees, agents, or servants of  Producer”.

Servants of Producer? Interesting choice of words, isn’t it?

AEG’s point 9 stating the confidentiality clause by far surpasses the confidentiality clause in Michael Jackson’s settlement agreement with the Chandlers which allowed the family to testify in court at any point in time. In AEG’s contract nothing can be disclosed by Murray ever as confidentiality is supposed to:

• 9.  “survive any termination and expiration of the Term of this Agreement and may be enforced by … legal remedies without the necessity of .. proving inadequacy of legal remedies and without proving that Producer… would suffer irreparable harm as a result of a violation of such confidentiality obligation”.

In other words if Murray had kept rendering Michael Jackson services “at the request” of AEG and had miraculously survived those services but had his health completely ruined by this doctor, Conrad Murray was to keep silence until his deathbed about his “treatment” of Michael Jackson for fear of being relentlessly sued by AEG even without the need to prove that they had the right to do it!

Why should there be so much secrecy in a contract with a doctor? And what irreparable harm to AEG could Murray’s revelations make?  The only explanation that comes to my mind again and again is that AEG was fully aware of Propofol and knew that this treatment was far from being legitimate – especially in the absence of the equipment they promised to provide but never did.

They knew that they were guilty and made every effort to conceal it from everyone’s view…. I wonder if Conrad Murray will have courage enough to tell the truth at the trial?

Point 12 of the AEG -Murray contract amazes you by its comparison with the contract between Michael Jackson and the same AEG. Do you remember the easy way in which all decisions were to be made there, between AEG and Michael Jackson’s company LLC represented by Dr. Tohme? Dr. Tohme was supposed to send a simple fax amending some point of their agreement – let us say changing the number of concerts from 10 into 50 – with a fax copy of Michael’s signature confirming it and that was it, the deal was made.

However in Conrad Murray’s case everything is by far more serious. All notices which were supposed to be communicated by AEG to Conrad Murray (or his to AEG which were highly unlikely under the circumstances as Murray’s only business was to obey) were to be treated with utmost respect.

Murray’s contract:

• 12. Except as otherwise expressly provided in this Agreement, any and all notices or other communication required or permitted under this Agreement … shall be in writing and shall be delivered either by personal delivery or by certified or registered mail, return receipt requested, postage prepaid by United States mail, addressed as follows:

Producer AEG Live LLC

Full address

GCA and Dr. Murray:

GCA Holdings LLC

Full address

Artist: Michael Jackson

Blank space with no address specified

(as was usual with AEG when it came to Michael Jackson)

*  *  *

Now, after all you have heard and seen, what will be your opinion about the replies made by AEG to Katherine Jackson’s complaints? Won’t they strike us now as ONE BIG LIE where almost every word is a grave distortion of the truth or is at least an extremely cunning way not to tell the whole of the truth?

Check yourselves once again please (not to have to return to the beginning of the post AEG’s Demurrer statements to Katherine Jackson are being repeated here):

p. 5 Michael Jackson at all times retained the option of refusing Dr. Murray’s services, or of canceling his agreement with AEG…. [he could say he refused, only he could not fire him. The contract could be terminated only by AEG].

AEG in no way actually controlled Michael Jackson’s conduct even under plaintiffs’ alleged facts [don’t tell us that].

Murray’s contract could be terminated only by AEG (and not by Michael Jackson)

p.6 The draft agreement expressly states that Dr. Murray and his medical company were to be engaged as independent contractors at Michael Jackson’s request [this ‘independent’ doctor was to do as the Producer requested!].

Conrad Murray’s responsibilities were to perform the services requested by AEG (and not by Michael Jackson)

Unless Michael Jackson signed the agreement, acknowledging that he requested Dr. Murray’ services,  then Dr. Murray would have no contract with AEG and AEG would have no obligations to Dr. Murray  [now it positively sounds like a blackmail to me – if the Artist doesn’t acknowledge that it is him who requested the doctor, they wash their hands off it].

…And the costs of Dr. Murray’s services were to be borne principally by Michael Jackson [only I wonder if he knew about it].

p.7 AEG did not choose or hire Dr. Murray; it merely conducted negotiations aimed at retaining him as an independent contractor on the tour – but only for Michael Jackson’s benefit and only if Michael Jackson expressly consented to its doing so. [what hypocrisy]

p.8 … plaintiff’s allegation that AEG is liable because if failed to provide a nurse and medical equipment to Dr. Murray is foreclosed by the draft Murray-AEG agreement, which expressly states that AEG owed Dr. Murray no obligations unless the agreement was signed by Michael Jackson. Dr. Murray signed the agreement – indicating he understood he would receive no medical equipment unless Michael Jackson also signed the agreement – and Michael Jackson did not sign. [a demagogic way of saying that they were to provide the resuscitation equipment but willfully chose not to]

p.8 …it simply was not foreseeable, even on the most liberal view of the facts alleged, that Dr. Murray, a licensed physician with no alleged history of malpractice, would administer anesthesia in Michael Jackson’s home. …it makes no sense to impose on Defendants a duty to prevent the totally unforeseeable circumstance that Michael Jackson would die in his home from an overdose of anesthesia [it was foreseeable all right]

p. 9 AEG could not have hired or supervised Dr. Murray negligently because AEG did not hire or supervise Dr. Murray at all  [If AEG had nothing to do with Murray, why did they demand during the riot act that it should be only Murray to attend to Michael Jackson’s needs? Did AEG have the right to demand it if they had nothing to do with this doctor?]

p. 10 ..plaintiffs allege… that AEG “knew or should have known that Murray was nightly administering sleep remedies to Jackson”. Yet, plaintiffs tellingly do not cite a single fact suggesting how AEG could have obtained this knowledge. [Want facts? And who paid Murray’s medical expenses and bills as Exhibit D shows it?]

p.11 ..plaintiffs’ negligent supervision claim rest on plaintiffs’ allegation that AEG… did not conduct a background check before hiring Murray… Defendants’ alleged failure to conduct a background check would be pertinent only if plaintiffs also alleged that such a check would have revealed facts sufficient to put Defendants on notice of Murray’s dangerousness. But plaintiffs did not – could not – do so. [ What plaintiffs cannot do, AEG’s own contract with Murray can. It says AEG was to check Murray’s licence two weeks after signing the contract, not before  – if that signing was ever meant to be ].

p.11 Plaintiffs’ third cause of action for fraud and constructive fraud must also be dismissed because plaintiffs fail to state a claim for fraud. The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) justifiable reliance; and (5) resulting damage. A fraud action against a corporation requires the plaintiff(s) to allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote and when it was said or written”. [Who told a lie? Randy Phillips told a lie when he said that the equipment was to be supplied to London only. It was to be in the US and from May 1, 2009 according to their own contract!]

Murray was to render his “services” in the US too (and not only in London)

p. 12 Plaintiffs fail entirely to meet this burden. Instead they allege only generally that Defendants “made false representations to Michael Jackson that they were looking out for his best interests and well-being” and “that they would provide a doctor and equipment to Jackson to keep him healthy”. Plaintiffs do not actually specify the representations made. Nor do they make any attempt to identify who made these statements, when they were made, by what means they were made, or whether the speaker had authority to make them. [Without repeating ourselves here, let us just state that AEG never looked out for Michael Jackson’s best interests and well-being. And no demagogy can conceal the outrageous fact that they were actually doing the opposite]

p.12 In addition, plaintiffs’ allegation that Dr. Murray was provided by AEG against Michael Jackson’s wishes is inconsistent with the draft AEG-Murray agreement and should be disregarded. [Wrong, it is consistent with it. He never signed that box on page 6 and thus never acknowledged he wanted him].

p. 13 Plaintiffs allege that AEG was the “controller and employer” of Dr. Murray, and that accordingly AEG should be vicariously liable for Dr. Murray’s alleged negligence [I hope justice will have its final say in this matter…]

If you haven’t had enough of it and are still in doubt how to interpret AEG’s outrageous statements, here are some excerpts from Joe Jackson’s lawsuit which will help to clarify details which still remain to be clarified.

Please note that some of the information below could have been obtained solely from the now deceased Frank Dileo. He was the only person on Michael’s side during the many of the events described (for example, the riot act) and was the only witness who could have given his evidence to the effect.

I personally find it very disturbing that Frank Dileo was suddenly taken gravely ill, was given double anesthesia which brought about his prolonged coma and ultimate death. Besides the usual sadness which accompanies the demise of a good and decent person this death is especially disturbing as it took away from us one of the key witnesses who could have contributed a lot to getting to the bottom of the truth during the trial.

The country which had at least one precedent when all witnesses who could have shed light on a key person’s assassination were suddenly taken ill within a very short period of time and met their untimely death, simply cannot afford another similar case with other key witnesses suddenly going. If anything like that were to ever happen it would surely cast a dark shadow of doubt on those who may be directly or indirectly benefiting from such a terrible occurrence.

June 25, 2010: “Oxman filed the wrongful death suit on behalf of Joe Jackson against Dr. Murray. “If the equipment were at his house to preserve his life, Michael Jackson could have been saved,” said Oxman. “I think that Dr. Murray bears responsibility, but I don’t think that his is the only responsibility here.” http://abcnews.go.com/2020/michael-jackson-wrongful-death-lawsuit-aeg-medical-equipment/story?id=11014828

Unfortunately Brian Oxman who isn’t my favorite character in the whole Jackson business (same as Joseph Jackson) is out of the game too, as he has been recently stripped of his license – so we do not know whether Joe Jackson’s lawsuit will have any future. But the least we can use its text for is getting information about the events many of which could be described only by the now deceased Frank Dileo – the man who will no longer be able to tell us the truth.

The text is cited from full Joe Jackson’s lawsuit provided here:  http://www.scribd.com/doc/59105659/Notice-of-Motion-and-Motion-for-Leave-to-File-First-Amended-Complaint-FULL-AEG-CONTRACT-P43

Part of the text has been retyped due to some technical problems and part will come in the form of screen shots. I hope you will find this information helpful:

A. AEG Directed and Controlled Murray

1. The January 26, 2009, Jackson-AEG Contract

78. On January 26, 2009, Respondent entered into a written agreement with Michael Jackson wherebyJacksonagreed 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.

[please mind the date when the so-called contract with AEG was planning to start concerts – July 26. If this is indeed a contract than the new date of July 13 is definitely breaching it]

79.Jackson announced the “This is it” tour and concerts at a press conference on March 3,2009, inLondon. AEG began to make preparations for the performances which were to take place at its facility called the O2 Arena inLondon. AEG held auditions and interviews inLos Angeles,Californiato hire dancers, musicians, and other support personnel, and it began rehearsals for the London performance.

80. On approximately May 3, 2009, Brandon “Randy” Phillips, President of AEG, and Paul Gungaware, Vice-President of AEG, complained to Michael Jackson that he was not participating in the show’s preparations. They 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. Phillips and Gungaware 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. 

[Dr. Klein says that in April he was indeed working on rebuilding Michael’s face and injected some Demerol into his face and scalp as local anesthesia for various medical procedures]

2. May 8, 2009 Murray-AEG oral agreement

81. On May 8, 2009, Gungaware and Frank Dileo, who was Michael Jackson’s manager, met in Gungaware’s office located at5750 Wilshare Boulevard,Los Angeles,California. Dileo had previously telephoned Dr. Conrad Murray inLas Vegas,Nevada, at Gungaware’s direction to inquire about Dr. Murray’s interest in being Michael Jackson’s doctor.Murraywas a physician who had treated Michael Jackson on occasion since 2006.

82. On May 8, 2009, Gungaware telephonedMurrayinLas 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. Gongaware explained Jackson had a drug [Propofol?] problem. He stated AEG wanted Murray to “wean”Jackson off medications and to reduce his dependence on medications.

83. Gungaware said AEG wanted Dr. Murray to get Jackson to attend rehearsals and perform. Gongaware informed Murray that AEG would hire and pay him. Gungaware offered Murray$150,000.00 per month for 11 months commencing May, 2009, through March, 2010, for a total of $1,650,000.00.

84. Gungaware offered Murray and his family all travel expenses to whatever locations the Jackson tour may go, including London. Murray would receive all living accommodations, costs, and cell phone expenses. Murray would receive travel, sickness, health, property, accident and life insurance.

3. AEG confirmed the Murray Agreement in writing

85. Gungaware stated AEG would pay for all ofMurray’s equipment, supplies, personnel, and treatments administered to Jackson. Murrayagreed and Gungaware asked Murrayto start immediately. Murrayagreed.

86. On May 8, 2009, Timm Woolley, who was AEG’s Tour Manager, spoke to Murray on the telephone concerning Murray’s services. They reviews the terms of the Gungaware conversation and agreed that because of the nature of the services involved, AEG would provide Carido-Pulmonary Resuscitation equipment and a nurse. Wooley confirmed their conversation in an e-mail.

87. On May 8, 2009, Dr. Murray accepted the contract’s terms. At Gungaware’s and Woolley’s request, Murray traveled to Los Angelesand started his services as AEG directed.

B. AEG induced Murray with repeated promises of financial reward.

4. AEG Took Advantage of Murray’s Significant Financial Difficulties

88. AEG knew Conrad Murray was having financial difficulties and utilized that fact to induce him to provide d

angerous medical services as directed fro Michael Jackson. Murray was unable to pay his child support of $1,103 a month for one of his seven (7) children, Christopher C. Murray, whose mother was Nenita Malibiraun. Murray did not have funds to support his other six (6) children, his house was in foreclosure in Las Vegas, and he was experiencing serious financial difficulties….

YES, HAD IT NOT BEEN FOR AEG, MICHAEL JACKSON WOULD BE ALIVE NOW

You will find Conrad Murray’s contract on page 137 of Joe Jackson’s lawsuit:

View this document on Scribd

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