DEFEENDANTS CLOSING

THE JURY ENTERED THE COURTROOM

9/25/2013
The court. Katherine Jackson versus AEG live, bc 445597. Good morning, everybody.
The court. Counsel, will you make your appearances?
Mr. Panish. Good morning. Brian Panish for plaintiffs.
Mr. Boyle. Good morning. Kevin Boyle for plaintiffs.
Ms. Chang. Good morning. Deborah Chang for plaintiffs.
Mr. Koskoff. Good morning. Michael Koskoff for plaintiffs.
Mr. Putnam. Marvin Putnam for defendants. How are you?
Ms. Bina. Good morning. Jessica Stebbins Bina for defendants.
Ms. Cahan. Kathryn Cahan for defendants.
Ms. Strong. Sabrina strong for defendants.
The court. Thank you. Opening statements -- I'm sorry. Closing arguments on behalf of the defense. Thank
you.
Closing argument by Mr. Putnam
Mr. Putnam. All right. Good morning, everybody.
Jury. Good morning.
Mr. Putnam. Five months. It's a long time.

Who of us thought, stepping through those doors, it would all come to this moment? But that's what it comes to,
and this is the last time I get to talk to you. So I want to say something first, and then I'll move on. Not a lot of
quotes or things like that, just a thank you.
I really thank you. I thank you on behalf of myself, and I thank you on behalf of my team: Jessica Stebbins
Bina, Kathryn Cahan, Sabrina strong. And we're just the face of it. There are others.
I also want to thank you on behalf of my client, AEG live, Shawn Trell. Remember Shawn? He was here every
day, just like you. And he's been here every day because of how important this is. Think about what they've
been accused of doing. That's why they're here every day. So thank you, guys.
I'm going to move through this as quickly as possible. Five months of stuff, a lot of stuff, and, don't worry, I'm
not going to cover all of it, but I am going to cover the stuff I think you need to remember. I'm going to point
out some exhibit numbers. You might want to write them down, I hope, so you can go back and look at them.
And remember, you're going to get all this stuff. And you can ask for anything, can ask for any of this stuff.
And I'm going to quickly move through it. If I go too fast, just twitch or something, and I'll try to slow down.
Now, in these five months, you've heard a lot of testimony, you've seen a lot of exhibits, watched us attorneys
make all kinds of arguments. But through it all, through these five months, the central focus of why we're here
remains the same.
Plaintiffs want you to hold a concert promoter liable for Michael Jackson's overdose in his bedroom at night
behind locked doors on June 25th, 2009.
Now, pause at that for a moment. I want to say that again. The concert promoter liable for Michael Jackson's
overdose in his private bedroom behind locked doors at the hands of his doctor on June 25th, 2009. I want you
to think about that and think about all you've heard in the last five months.
An overdose of a drug administered to Mr. Jackson by his long-time doctor, Conrad Murray. A doctor he chose,
not in 2009. He chose him back in 2006. A doctor he had been seeing for years. A doctor that brought -- excuse
me. A doctor he had been seeing for years, and a doctor that he brought from Las Vegas to Los Angeles.
A doctor that he told AEG live he was going to bring on tour with him. He didn't ask, remember? He told them,
"we're bringing this doctor." this is a choice Mr. Jackson made, not somebody else. He was a grown man just
about to turn 50. Think about this: older than me. Exactly.
And as such, a grown man, he is responsible for his own health, and certainly his own healthcare. And he's
responsible for his own choices, no matter how bad those choices might ultimately prove to be.
As the plaintiffs said yesterday, "he's no different than any other man." any other woman. Any other adult. And
we are responsible for the choices we make.
And make no mistake about this: it was Mr. Jackson, not AEG live, that chose Dr. Conrad Murray.
You've seen the evidence. AEG live didn't choose him. On the contrary, they tried to talk Mr. Jackson out of it.
They told him, there are great doctors in London with some of the best hospitals in the world. They told him
that he didn't need to use his money to bring his doctor with him. But Mr. Jackson was undeterred. Ultimately,
it was his money, his doctor, and his choice. If he wanted to bring his doctor along with him and his family, that
was up to him, and he certainly wasn't going to take "no" for an answer.
But not taking "no" for an answer does not come as a surprise to you all. It was his tour, it was his comeback,
and as Karen Faye told you, Mr. Jackson was not someone who took "no" for an answer.

Now, you remember Ms. Faye. They brought her back a couple times. She was Mr. Jackson's friend, confidant
for decades. One of plaintiffs' star witnesses. The one person Dr. Metzger testified was always with Mr.
Jackson. And what did she tell you when she was on the stand? She told you that Mr. Jackson would not take
"no" for an answer. If he wanted something, he got it. That's how she described him. And who would know
better?
Mr. Jackson didn't take "no" for an answer with Dr. Murray, and why would he? Didn't he have the right to
choose his own doctor? AEG live certainly didn't have that right. They didn't have the right to tell him, "no, you
can't see your long-time doctor anymore." Mr. Jackson said he needed to be "a well-oiled machine." remember
those words? He needed his doctor to keep him in top shape for the tour, and that was reasonable. He was doing
50 shows over the span of nine months. He was a 50-year-old man. He was taking his three children with him.
Taking his long-time doctor with him, that was reasonable.
And remember, when you look at the facts, when looking at what was reasonable, you have to go back to 2009.
It's not what we know today, it's what did they know in 2009?
2009 was a long time ago. Barack Obama had just been sworn in as president for the first time. We were on the
verge of what everyone thought was going to be the next great depression. Sometimes they said, "great
recession." that was 2009. You have to go back to that time and not what we know now. And that's because
what you know, what we all know now, is very different.
We know so much more because of plaintiffs. Plaintiffs brought this lawsuit. And by bringing this lawsuit, they
made it possible for the first time for AEG live to get access to some of Mr. Jackson's most personal, most
private materials, like some of his financial and medical records. That wasn't possible before.
So we now know that Mr. Jackson was nearly half a billion dollars in debt. We know that now. We didn't know
that then. We know that his mother's house was nearing foreclosure. But we didn't know that then. That's what
we know now.
What else do we know now? That Mr. Jackson spent decades shopping for doctors to give him the painkillers
that he wanted; that he manipulated and he lied to those doctors who he saw so he could get double doses. But
we didn't know that then. Mr. Jackson made sure we didn't know that then. And we now know that his family
tried and failed on numerous occasions to stage an intervention. Many of them. You heard about them. We
didn't know that then. Nobody did. They made sure nobody knew it.
And in 2009, AEG live had no idea of how or for what Dr. Murray was treating his patient -- his patient --
Michael Jackson. That was between Dr. Murray and his client. His patient. That's what a patient/doctor
relationship is. All AEG live knew was Dr. Murray was Mr. Jackson's long-time doctor. That's it.
And, of course, neither Mr. Jackson nor Dr. Murray told AEG live what they were actually doing in the privacy
of that locked bedroom at night behind locked doors, security out front, behind the gates of 100 north
Carolwood. They don't know what was going on at his house. How could they? Think about that.
If AEG live had known, it would have ruined everything, so they made sure AEG live didn't know. Why? Well,
Mr. Jackson wanted this tour, and he wanted it badly.
You heard Mr. Jackson's doctor of 30 years, Dr. Metzger. He told you last week that Mr. Jackson wanted
"redemption." that was his word. Mr. Jackson wanted redemption. And this tour would redeem his image with
the public. That's what they hoped. An image that had undergone a serious beating in the prior years. And this
tour was also going to redeem him financially. That's why Mr. Jackson didn't tell AEG live the truth.

So both Dr. Murray and Mr. Jackson, the doctor and the patient, always told AEG live that Mr. Jackson was
okay. You've heard this. Every single time, "he's okay. Everything is fine. There are no problems." they told
AEG live to stick to its job, promoting concerts, to stay in their lane. They were the ones told to "stay in your
lane," Dr. Murray and Mr. Jackson would handle Mr. Jackson's health. Doesn't that make sense? He's a grown
man and has a doctor. They will handle his health. That was their job.
Remember, you never heard Mr. Jackson and Dr. Murray ever coming to AEG live and saying, "wow, we got a
problem." they never came and said, "Mr. Jackson needs a break." they never came and said, "we're going to
take a little time off." they never came and said, "I'm sorry, he's addicted to drugs. We're going to do something
about it." they never did that. And now they want us, AEG live, to be to blame for that? Think about that.
They were never told that Mr. Jackson needed to stop. Mr. Jackson never said it; his doctor never said it. They
said the opposite. They needed to go on, and could go on. They never told the truth to AEG live, and they did
everything they could to make sure AEG live never knew the truth. They would keep it from them, and you
heard that they did.
AEG live only learned the truth after Mr. Jackson passed. When Michael Jackson's bedroom was searched by
the police and its secrets were revealed, when the world and AEG live learned for the first time what propofol
was. You remember. No one knew what propofol was. No one had ever heard of it before. Never before Mr.
Jackson's death. And AEG live had no idea.
Simply stated, AEG live never would have agreed to finance this tour if it knew that Mr. Jackson was playing
Russian roulette every night in his bedroom. It would have never happened. But they didn't know that.
Now, it was true, AEG live, Mr. Phillips, Mr. Gongaware, they all wanted to do this tour. There's no question.
And they were incredibly excited about it. They wanted it to move forward. They wanted to be part of Mr.
Jackson's redemption. And, yes, they also wanted to make a profit. There is no question about that. But that
doesn't change the facts. It doesn't change that adults are responsible for the choices they make.
Now, Mr. Panish told you yesterday that it was unreasonable for AEG live to believe Mr. Jackson. It was
unreasonable to trust him. It was unreasonable for him to want a doctor to help him stay in top health. It was
unreasonable for him to take his long-time doctor on tour with him and his family to London. It was
unreasonable for AEG live to respect Mr. Jackson's adult choices. Think about that.
And think about this: you heard Katherine Jackson testify in this case. She said she wanted it to be a search for
the truth. Mr. Panish said the same thing in his opening statements, search for the truth, and he repeated it again
and again yesterday. Mrs. Jackson said that she wanted to understand, to know what really happened to her son.
But Mrs. Jackson also testified, remember this, that she closes her ears when she hears bad things about him.
She doesn't want to believe he had a problem, and that is understandable. One cannot blame her for that. She's
his mom. Anyone who has ever known an addict can understand how that is.
But as a result, she closed her ears to the choices that Mr. Jackson made. She closed her ears to the fact that Mr.
Jackson overdosed; that he overdosed on a drug that he chose and that he had been repeatedly warned about,
given to him by his own doctor. And now Mr. Panish needs you to close your ears to the simple truths of this
case.
The truth that it was Michael Jackson that chose Dr. Conrad Murray; the truth that it was Michael Jackson who
asked Dr. Conrad Murray to join him on the tour; the truth that it was Michael Jackson who offered the
$150,000 a month. The truth is that it was Michael Jackson who brought Dr. Conrad Murray from Las Vegas to
Los Angeles, and the truth is that it was Michael Jackson who demanded the propofol. A drug that he called
"milk."

All AEG live was going to do was advance the money of the salary that Mr. Jackson was going to pay Dr.
Murray if he went on tour to London, like so many people on the tour. And I told you that in opening
statements. We've never run from that. That is true. But that doesn't change any of the facts that you learned in
the five months since.
Mr. Jackson was going to pay Dr. Murray ultimately, as he was everything else on the tour, and AEG live never
even advanced that money, ever. It never paid Dr. Murray anything, and that is because he was never hired by
AEG live to go on tour. If they hired him, they would have paid him. They didn't hire him. They never gave him
any money. You saw that evidence.
All these truths, they need you to ignore them. They need you to shut your ears to them because that's the only
way that those five questions they told you about yesterday, that's the only way you get a "yes" for those.
And you saw yesterday in the trial that plaintiffs are not searching for the truth. How many times did Mr. Panish
show you part of a document? Take an excerpt from the e-mail? You remember that budget where they didn't
show you the footnote? How many times did we have to say, "wait, wait, wait. Put that in context." you never
heard us do that.
Remember Ms. Faye, Ms. Rowe, Ms. Sankey? How many times did they sit there and go, "let me explain that.
That's not what I meant." did you ever hear me go, "I want a 'yes' or 'no'"? No. We let them talk. I'm sure you
remember. And there's a reason for that.
The truth isn't something that AEG live is afraid of. Why would we be? We want the whole truth from every
witness, even theirs, even their version of the truth. And all those e-mails, trust me, there are a lot of e-mails I
would love to have not been here; okay? Saw all those e-mails. Tens of thousands of those, whose e-mails were
those? AEG live. They turned those over. They're not hiding anything here, because AEG live is not afraid of
the truth.
The truth here is a tragedy, make absolutely no mistake about this. This is a tragedy. It's a tragedy for this
family, it's a tragedy for his mother, it's a tragedy for these kids. It's horrible and incredibly sad. But it is not the
tragedy of AEG Live's making. You can't point the finger at them, and you shouldn't.
Now, members of the jury, I ask you, please, don't close your ears to the facts. When you're answering the
questions on that verdict form, think about who chose Dr. Murray, who hired him. Think about whether AEG
live knew what was going on in Mr. Jackson's locked bedroom at night. Think about whether you believe AEG
live caused Mr. Jackson's death. Think about that, because that is the real question here. Did AEG live cause
Mr. Jackson's death? Because that's what they're saying. Mr. Jackson chose this doctor years before, and Mr.
Jackson chose the drug that killed him.
Mr. Jackson, like every adult, is responsible for his own choices. You heard them. He's no different. And
sometimes we make really bad choices. It's true.
And it would be awesome, when we make those choices, to turn and point to somebody else and say, "it wasn't
me," but you can't do that. That's what it means to be an adult. That's what personal responsibility is about. He
made some bad choices, and it resulted in a horrible tragedy, but you can't and shouldn't blame someone else for
Mr. Jackson's bad choices. He was a grown man.
All right. Give you a little roadmap of the trial, like to point out where we're going to go to give you some sense
of what we're going to do.

I believe that plaintiffs have focused this case on distractions, not the facts. A lot of things were shown to you
that I don't think were relevant to your determination. I think you saw it through the trial.
For example, they put on evidence that Mr. Jackson was at rehearsal a couple days before he died, June 19th.
Remember that? And that people told AEG live about it because they weren't there. And you remember the
"trouble at the front" e-mails? Chains that you were shown over and over again, or portions of them. You
remember how -- they asked every witness, everybody who walked up. "what do you think that means?"
everybody. People not on them, weren't on them. Shown again and again and again.
Let me be clear about them. AEG live did discuss Michael Jackson's health in those e-mails because they were
asked to. That's what they were about. We're not disputing that. There's no dispute about that.
But you're not being asked to decide here what AEG live knew about Mr. Jackson's health. Look at your verdict
forms when they come. You're not asked to decide what they knew. What did they know about his health? What
should they have known about Mr. Jackson's health? Whether they knew he was sick on June 19th. And you'll
see why I say this.
Look at the verdict form. You know what? I don't know if you still have -- can I get the verdict forms? Is that all
right, your honor? Thank you, sir. Should be the same one.
So what I'm going to do is, I'm going to talk a little bit about what I did at trial. Remember, they would go in a
certain order, and generally I would go backwards, take the most recent and go back? In this instance, I'm going
to go through the same order, and there's a reason for that. That's because -- you remember what -- they have the
burden of proof. You have to answer "yes" to every question before you're going to find liability and damages.
You find "no" on any of these, which I believe you will, it's done. So that's why I want to go through it in that
order. You have to say "yes" to all of these before you get to finding them money, and I believe along the way
you're going to say "no," so we're going to take them in order.
And these are the questions that you'll fill out, and every one of those questions, if you look at it, start out with
the idea that it's not about Michael Jackson's health, because this is about Dr. Conrad Murray. Look at the
questions. Every one of them has to do with Dr. Conrad Murray, not Mr. Jackson's health.
That's because they're suing AEG live for a claim called negligent hiring, retention or supervision of Dr. Conrad
Murray. They say AEG live hired Dr. Murray and that we were negligent in doing so. So you have to find two
things: did we hire him? If we hired him, were we negligent in doing so? The negligent hiring thing protects
people from bad hires. It does this by holding the employer liable when someone the employer hires hurts or
kills someone else.
And Mr. Panish said yesterday the law makes sense, it's fair, justice is for everybody. And I absolutely agree
with that. Justice is for everyone, and it is fair in this case.
What's not fair and just is to find AEG live at fault for what happened to Mr. Jackson here, because the law of
negligent hiring only holds an employer liable and at fault if he knew, or should have known, that the person he
hired might harm someone but still hired and kept them on anyway.
Like giving a person with a history of violence a job when he had to use a weapon. If you knew he had a history
of violence, you gave him a weapon, that would be negligent hiring.
Or keeping a driver after multiple arrests for reckless driving. You knew he had multiple or she had multiple
arrests for reckless driving, and you kept them on anyway. That would be negligent retention.

And this only makes sense. It wouldn't be fair to hold an employer liable if they had no reason to know that.
They had no reason to believe that the person they hired was dangerous. That wouldn't be justice. You have to
be on notice. You have to be on notice that there would likely be a problem, and that's important here.
Because as the court told you on Monday -- seems like a long time ago, but it was only two days ago -- you can
only find AEG live at fault here if they knew, or should have known, that Dr. Murray was dangerous, but they
hired him anyway. Or AEG live hired Dr. Murray, then found out that -- what he was doing and didn't get rid of
him. That's what the actual law is.
So this case is about what AEG live knew about Dr. Murray. Look at the question. It's about Dr. Murray, not
what it knew about Mr. Jackson. And that's the diversion they tried to take. Because you can't, you can't answer
"yes" to these if it focuses on Dr. Conrad Murray. Look at the verdict form. You'll see that. Trust me, I'm going
to go through it.
And as the judge told you, plaintiffs have the burden of proof on this claim, not AEG live. As you go through
those, they have the burden. They have the burden of proving each and every element of their claim, and those
elements are laid out on that same verdict form that you have to fill out. And plaintiffs must prove five different
things. If they haven't proven even one of them, they haven't proved their case. And that's their burden. We're
going to talk about each just real quickly right now.
Okay. First: "have plaintiffs proved to you that AEG live hired Dr. Conrad Murray?" I think that question is
easy. We'll go through it, because if anyone hired Dr. Conrad Murray, it was Mr. Jackson, not AEG live.
Second: if you nonetheless find that somehow AEG live hired, you go to the next, and it says: "have plaintiffs
proved that Dr. Murray was unfit or incompetent" -- and, by the way, that's where they stopped yesterday. Only
asked you if he was fit or incompetent. That's not the question. The question is: "was he unfit or incompetent for
the job for which he was hired?" and that's the key.
Dr. Murray was fit and competent to take care of the general medical needs of Michael Jackson, and that's what
he was hired for. He had been doing so for the Jacksons and his other patients for years without incident. The
answer there has to be "no."
Third: "have plaintiffs proved that AEG live knew, or should have known, that Dr. Murray was unfit or
incompetent and that this put others, including Mr. Jackson, at risk of harm?" in other words, did AEG live
know, or should they have known, what Dr. Murray was actually doing? And the answer and the evidence
shows you that it has to be "no."
Fourth, if you get there: "have plaintiffs proved that AEG Live's negligence" -- this is what we looked at before,
trying to prove negligence. Goes on to say: "if they were negligent in the hiring, supervising or retaining of Dr.
Murray, was that a substantial factor" -- that supposed negligence -- "in causing Mr. Jackson's death?"
In other words, you can hire someone. They could be negligent. But if it's not the factor -- if it's not a substantial
factor -- and, again, a substantial factor. But if it's not a substantial factor, well, in that case, you're going to
have to say "no."
And the sad truth here is Michael Jackson's death was caused by his choices, and it would have happened no
matter what, with or without AEG live. How do we know that? AEG live didn't hire him, didn't advance any
monies, and it happened anyway. Again, I think the answer there is "no."
Fifth, if they've proven all of those things, well, then, they have to prove damages. And damages isn't something
where you sit there and go, "oh, whatever you guys think." it isn't as easy as that. You have to have proof. You
have to have something.

And their dollar amount is $1.5 billion. They kind of rushed through that yesterday. I don't know if you noticed.
A little embarrassed to throw it out on the screen, but it was there. $1.5 billion. I'm sorry, that's an absurd
number. Absurd. And they haven't even remotely proved it. Not in any way. We'll go through it.
But you remember all their testimony from their supposed damages person, the years and years of future
recordings. Not just recordings, but tours he was going to do. Just think about that. Their claim is he was so
sick, and it was so obvious to everyone that AEG live should have known that -- again, shifting the focus to
him, because they can't focus on what they knew or didn't know about Dr. Conrad Murray -- he's so sick that
everyone should have known that.
And then they turn around and say, but he was going to go on and make more money than anyone had ever
done in history with four more world tours? Doesn't make sense, like the rest of their claims. Again, can't guess
on that one. You have to have some basis. Can't speculate. That's what the law says.
So I'm going to quickly talk about something briefly, and then we'll go through them, and I'll talk about it
because it's important.
You've heard lots of testimony in this case about things people knew about people who knew Mr. Jackson, and
what they did, or what they didn't do, including AEG live.
Karen Faye -- I'm not going to throw them all out there. But Karen Faye, clearly she loved him, had for a long
time. Yet she didn't confront Mr. Jackson with her concerns about his drug use. She didn't even ask him what
was wrong on the 19th. She thought it would be wrong to do so. Now, if I recall, she thought they were best
friends, and she didn't do anything. She said nothing to him.
Alif Sankey. She said that she thought she should have called 911. She wanted to, but she didn't do it.
Dr. Allan Metzger. You remember. He talked about advising Mr. Jackson, just before his death, that he should
get sleep care. Even though he did that, and even though he was concerned that Mr. Jackson had a profound
sleep disorder, he didn't follow up. One of his best friends. Friends for 30 years.
You heard Dr. Cherilyn Lee. She failed to talk Mr. Jackson out of using propofol for sleep, though she tried.
She, too, never followed up. And I can keep going.
Travis Payne. He couldn't convince Mr. Jackson to do physical therapy.
Randy Phillips. He didn't force him to see a psychiatrist.
I can go through and through and through with everyone, because whenever a tragedy happens, it's easy to play
that game. You can torture yourself. I'm sure his family has tortured themselves, and you shouldn't. You sit
there and say to yourself, "if only." "if only I had done something." "if only I had seen the signs that are now so
clear with 20/20 hindsight."
Or you can torture others. You can blame them, tell them that if only they had done something. If only they had
seen the signs that you can now see with 20/20 hindsight. That is a natural thing to do, but as adults, that's not
what we should do.
Because as the judge has instructed you, these kinds of "should haves, could haves, would haves," they aren't
part of the decision you're here to make today. The law doesn't require you to save someone, even if your
conscience, your morality, your love, your guilt, whatever it is, even if that tells you should, that's not the law.
There isn't a duty to save.

And who would have had -- and again, anybody who has ever loved an addict before, cared for an addict,
knows what that's like. You can't save someone. They have to save themselves. And more important, what
you're doing here today, the law doesn't say you have to, because if it were any different, if that weren't the case,
everyone would be legally responsible for everybody else's decisions, and that's not how life works, and that's
certainly not how the law works.
All right. So we're going to go through the five things the plaintiffs have to prove, and we're going to go through
them, because I believe they haven't proved them.
And unlike yesterday, the way we're going to do it is, we're actually going to do it and give you all kinds of
facts so you can put it in context to understand what you're going to decide.
So the first one on your verdict form is hiring. First question obviously had to be hiring. Who hired Dr. Murray?
Because someone can only be liable for negligent hiring, retention or supervision if you hire that person in the
first place. You can't negligently hire someone unless you hire them. You can't negligently retain unless you
hire them. You can't negligently supervise unless you hire. So the first question is: who hired him?
And you're going to be asked on that verdict form exactly what it says here: "did AEG live hire Dr. Murray?"
that's the opening question. Has to be.
Now, remember, it's plaintiffs' burden to prove that AEG live hired Dr. Murray. And I believe that answer is
"no." AEG live did not hire Dr. Murray, and I believe it for two reasons, and I'm going to go through both.
The first is that the evidence is very clear that Michael Jackson was the one who hired Dr. Murray. And we'll
talk about that.
But the second reason, which we'll talk about in a moment, is that things never even got that far. There was
never a contract. Plaintiffs want you to believe there was a done deal somehow between AEG live and Dr.
Murray sometime before June 25th, 2009. And even they can't really say when. They throw up a bunch of
numbers, it was then, or maybe then, or maybe then. It's because there was never a done deal.
And as the judge instructed you on Monday, plaintiffs have to prove that AEG live and Dr. Murray agreed to be
bound without a written agreement. They have to -- and for all of their theories, they have to have agreed to be
bound. And they have to agree to be bound without a written agreement, because we know there isn't one. And
therefore, for either of those two reasons, I think your answer will be "no."
Now, let's talk about the first one. That it was Michael Jackson, and Michael Jackson alone, who hired Dr.
Murray.
As the judge told you on Monday, there are four options here. That makes sense there can only be four options
here. Either Michael Jackson hired him, AEG live hired him, they both hired him, or neither one hired him.
And I believe all of the evidence you'll see -- evidence, not what people have argued. Remember, what I say,
what the lawyers say aren't evidence; the questions aren't evidence, just the evidence. I think that all the
evidence shows that the only person who hired Dr. Conrad Murray was Michael Jackson, not AEG live.
Now, how do we know this? Well, Mr. Jackson selected Dr. Murray. We know that. There's no dispute about
that. We know from Dr. Murray's records that he had been treating Mr. Jackson and his children since 2006.

Now, I want to say a little something about those records. Don't forget, we didn't get everybody's records, and
even when we got some records, we only got part of them. So we're basing this all on only the records we could
get. There are many other records out there, but we didn't get them. But we tried.
But from what we know, at least from 2006 he was treating Mr. Jackson and his children. I don't think there's
any dispute about that.
You also heard the testimony of Dr. Jeffrey Adams. Mr. Jackson's former bodyguard. Remember, he is the one
who introduced Dr. Murray to Mr. Jackson. Mr. Jackson went to Dr. Murray's office in Las Vegas after his
father. In fact, Mr. Adams's father was Dr. Murray's patient as well, just like Mr. Jackson.
Mr. Panish tried to insinuate that Dr. Murray didn't have practices. Remember that? He said it; no witness said
it. Dr. Murray was a real doctor. All the evidence shows that. He had real patients.
Remember Stephen Gordon? Dr. Stephen Gordon in Las Vegas? Dr. Murray introduced himself to Dr. Gordon
as Mr. Jackson's personal physician in 2007.
Remember Dr. Slavit? That was the doctor who gave the physical in 2009 for the insurance. He testified that
Mr. Jackson told him that Dr. Murray was his personal physician. That's Mr. Jackson saying that. That was in
February before AEG live had ever met or heard of Dr. Conrad Murray. He didn't give some other name. He
was asked who his physician was. He didn't say Dr. Metzger, he didn't say Arnie Klein, he didn't say many
other doctors you heard. He said Dr. Conrad Murray.
Dr. Murray was Mr. Jackson's long-term doctor. They can play that off as not true, but it's true, and the evidence
shows it. That is what he told everyone, and he told him this long before AEG live had ever heard of him. Mr.
Jackson was the one who brought Dr. Murray to Los Angeles. You've seen the evidence. Dr. Murray was in Los
Angeles treating Mr. Jackson long before AEG live ever heard of him. He treated the Jackson children for colds
in January of 2009. That's in the medical records. He was seen at the house multiple times a week from at least
the very beginning of April. We know at least that long.
You even heard that from Kai chase -- remember the chef? -- who testified that when she started working at
Carolwood, he was there. That's April.
You also heard from Travis Payne, the choreographer. The one that went on the tour. And Kenny Ortega, the
director. They told you how Mr. Jackson introduced Dr. Murray to them -- Mr. Jackson introduced Dr. Murray
to them in his house as, quote, "my doctor." "I'd like to introduce you to my doctor." that's what he did when
they met him, and that was in the spring of 2009.
You've also heard the testimony of Paul Gongaware and randy Phillips that Mr. Jackson insisted that Dr.
Murray come on tour and would not take "no" for an answer. When they suggested anything else, get someone
in London. It will be cheaper for you get someone in London. They have great hospitals. "no, I'm taking my
doctor."
Conrad Murray had been Mr. Jackson's doctor, he was Michael Jackson's doctor, and he was going to continue
as Michael Jackson's doctor, and it was not for AEG live to interfere with that long-time doctor/patient
relationship. That's what they're asking you to do, interfere with that relationship.
Dr. Conrad Murray was Michael Jackson's choice. Okay. So we know Mr. Jackson was the one who selected
Dr. Murray. I don't think there's any debate about that.
What about paying him? Michael Jackson did that, too. In fact, Michael Jackson had been paying him for three
years, the whole time Dr. Murray was treating him, and Mr. Jackson continued paying Dr. Murray in Los

Angeles. You saw that testimony. Remember, he had his children, prince and Paris, give Dr. Murray stacks of
$100 bills. You remember that? "he said it was this thick with rubber bands, $100 bills. And Mr. Jackson paid
Dr. Murray through the day that he died at least 10 times in Los Angeles. That was the testimony. That's Mr.
Jackson paying, not AEG live.
And did AEG live ever pay Dr. Murray? No. Never. The evidence is absolutely clear on that. They never paid
him because they never hired him to go on tour.
Mr. Panish said yesterday that AEG live was, quote, "giving the money to Dr. Murray," end quote. That is not
true. AEG live never gave any money to Dr. Murray, ever. That's the evidence.
Now, that said, even if -- and this is a little wrinkle. Even if there had been a contract -- this is the first part. The
second part I'm going to say there was no contract -- even if some contract between AEG live and Dr. Murray
had been completed -- let's just say it had, even though it wasn't, let's just say there was some, some contract. I
don't think what it would be. There's so many theories that they've thrown; okay? Say that happened. It still
would have been Mr. Jackson that was paying Dr. Murray, remember? He was going to be engaged at Mr.
Jackson's request and at his expense. This is one of the draft contracts that went back and forth between Dr.
Murray and AEG Live's outside lawyer, Kathy Jorrie.
Now, this is exhibit 343. I'll say that again. 343. It's one of the drafts. And as you remember, whenever we
could, we would show it to somebody on cross when they weren't shown. And each of these drafts, every one of
them, had a signature block for Michael Jackson, like the one here on page 6 of exhibit 343.
Now, as you remember, each one said, let me quote it, "the undersigned, Michael Jackson, hereby confirms that
he" -- "he" is Michael Jackson -- "he has requested producer to engage Dr. Murray" -- he requested it -- "on the
terms set forth herein on behalf of and at the expense of the undersigned." who is the undersigned? Michael
Jackson.
So if there had been a complete agreement, if there was any agreement, it would have been on behalf of Michael
Jackson. It would have been at the expense of Michael Jackson. Dr. Murray's payment would have come out of
Mr. Jackson's money. His portion.
All AEG live was ever going to do was loan it to Mr. Jackson. To loan that money. And they were only going to
do that if Dr. Murray ended up coming on the tour. Just like they did for his house, just like they did for his art.
Remember the art, and they were paying for it? That's because he was half a billion dollars in debt. That's why
he went to AEG live. They were going to advance him the monies because no one else would anymore.
Remember? They shut off the credit cards. Remember that? He couldn't get the advance or the increase.
Mr. Jackson was also going to be taking responsibility for Dr. Murray. Now, you saw the contract between
Michael Jackson and AEG live for the tour. Not these drafts, but the one between Michael Jackson and AEG
live. That's exhibit 66. That's the actual agreement they had.
And this is a contract for the shows that were going to be in London. Well, that contract gave Mr. Jackson the
right to bring a tour party to London with him. That's what he was allowed to do. It was his tour, and that's not
unusual. Artists often want to bring their personal entourage with them on tours. But the artists are responsible
for choosing those people, and they're responsible for what those people do, and this was no different.
Let's look at paragraph 15.2 of the tour agreement. It's on page 11 of exhibit 66. The tour agreement says that
Mr. Jackson is responsible for the people he selects and brings.

"Artistco and artist" -- that's Mr. Jackson and his company -- "shall defend, indemnify and hold promoter" --
that's AEG live -- "harmless for any third-party claims arising out of or relating to the negligence or wrongful
acts or omissions of the tour party."
Takes responsibility. He had to. They're his choices. He can bring who he wants, but if the people he brings act
negligently, the buck stops with him.
Now, yesterday plaintiffs tried to argue otherwise. They tried to say the draft agreements that provides that
AEG live was going to be controlling Dr. Murray's actions in some way, but this is one of those places where
plaintiffs didn't tell you the whole story.
Kathy Jorrie on cross told you it was never the intent of anyone at AEG live to control Dr. Murray's treatment
of Mr. Jackson, and you can see that from the evidence in this case. Because during negotiations, Dr. Murray
called Ms. Jorrie and asked her to change the contract to make it crystal clear he reported only to Mr. Jackson,
not AEG live.
Remember that testimony? He said it. He got a draft and said, "no, no, no, no, no. You have to change this. I
don't answer to you; I answer to my client. I answer to my patient." I answer to Michael Jackson, the one who's
hiring me, and she made the changes immediately, and you saw it. She changed the language because Dr.
Murray and AEG live both understood that Dr. Murray was working for Michael Jackson, not AEG live.
And remember, under the agreement that Ms. Jorrie was drafting, it was Mr. Jackson, not AEG live, who had
the right to fire Dr. Murray. AEG's counsel could cancel the agreement, but only under certain conditions. If
you look at it, there are conditions in which they can say, "okay, we don't have to advance this money
anymore." like Dr. Murray having insurance, or the tour not going forward. If those weren't met, then, yeah,
they didn't have to advance that money anymore.
But Mr. Jackson is the only one -- look at it -- that could fire Dr. Murray at any time for any reason, because
that's what you do with a patient/client -- patient/doctor relationship. That's what you do. You have the right to
fire them at any time if you want.
Now, the evidence is overwhelming that the only person that ever hired Dr. Murray is Michael Jackson. So that
is the first reason I believe you have to answer "no," okay, to question 1 on the verdict form. All that evidence.
So "no." and I think it's clear who hired him. Put down "no," it's over.
But I told you there's a second reason. And there's a second reason to put "no" there, and that's because AEG
live never had an agreement with Dr. Murray. An agreement to hire him or for anything else.
The only thing AEG live was ever going to do with regard to Dr. Murray was to advance his salary on Mr.
Jackson's behalf with Mr. Jackson ultimately paying for it. But even that never happened.
As Mr. Panish said yesterday, plaintiffs are claiming AEG live hired Dr. Murray through a written contract or
an oral contract or a contract implied by the parties. Plaintiffs haven't proved any of those things. That's because
they can't. They can't prove that any such contract ever existed, and it's their burden. Remember that. It's their
burden to prove that. If there's no contract, there certainly was no hiring. And we just gave you what is required
for a contract, whatever type.
In deciding whether there's a contract, you have to show yourself -- I'm sorry -- you have to ask yourself, under
the circumstances, whether a reasonable person would conclude, based on the words and conduct of each party,
that there was a contract. That's what you look at.

Going further, and this is important, quote, "you may not consider the party's hidden intentions," end quote. In
other words, you're looking at what the parties actually said, what they actually did with each other. Each party
has to know. Not what one party did. "oh, they did that, so therefore there must be a contract between these
two." oh, no, no. You have to look at each, because nothing hidden works here.
And what did AEG live say and do that Dr. Murray actually knew about, and what did Dr. Murray say and do
that AEG live actually knew about?
And the judge told you, it is plaintiffs' burden to prove to you that Dr. Murray and AEG live agreed to be bound
without a signed written agreement. That's the instruction; all right? Remember that. It's plaintiffs' burden to
prove to you that Dr. Murray and AEG live agreed to be bound without a written contract.
Plaintiffs never proved that because they absolutely cannot. Both AEG live and Dr. Murray understood there
would never be a contract until Mr. Jackson signed as well. That is what they agreed to. That's the end of the
story.
How do we know that? Well, it was in the draft agreements exchanged between Dr. Murray and AEG live. It
was in every single draft agreement. And it was in every single one for a reason.
Let's focus on paragraph 9. That's -- and I'm going to do this in the last one, the last draft, the one that Dr.
Murray actually signed on the 24th. Again, this is exhibit 343, in case you want to go back and look at it. And
this paragraph is very important, so let's look at it closely. It makes clear that the effect of the agreement is
conditioned upon the approval and consent of the artist, Michael Jackson. Unless Mr. Jackson signs off in
writing, there is no contract. There is no agreement between them.
Dr. Murray has no rights or obligations as to AEG live, and AEG live has no rights or obligations as to Dr.
Murray. What does that mean? No one has to do or not do anything. There's no contract. There's no agreement.
Dr. Murray can still be Michael Jackson's doctor. He had been Michael Jackson's doctor, he was Michael
Jackson's doctor, he can continue to be Michael Jackson's doctor. This has no impact on that. But AEG live
wouldn't be involved in any way, any shape, any form, unless Mr. Jackson signed. Without that signature,
there's simply no agreement with AEG live. Not a written contract, not an oral contract, not a contract implied
by the conduct of the parties. No kind of contract. It doesn't get, really, a lot clearer than this. Paragraph 9,
signature at the bottom, I think it tells you what you need to know.
And you've heard how special paragraph 9 is. It was only in Dr. Murray's draft agreement. It wasn't in any other
independent contractor agreement on the tour. They told you that. Not in Kenny Ortega's, not in Karen Faye's,
and that was because this agreement was going to be unique.
When people say, "no, I've never seen one like this," "I've never seen an agreement like this," that's right. This
was different, and it was intended to be different, because Mr. Jackson had decided to bring along his long-time
doctor. He wanted to bring him on tour, but he wanted AEG live to front the money. That's the reason AEG live
even spoke to Dr. Murray. Why would they have ever spoken to him otherwise? Michael Jackson asked them
to.
But the only way AEG live would agree to do that, to assume those payments for that deal Mr. Jackson had
already had with his long-time doctor, the only way was if Mr. Jackson also signed on that arrangement in
writing.
Paragraph 9 addressed the idea that you heard Dr. Green, the expert, testify about. He said it's a fundamental
right for a person to choose their own doctor. And that all stems from the personal and private nature of a
doctor/patient relationship.

Now, you recall Mr. Trell, here every day, who testified about the importance of this condition in paragraph 9.
He testified that paragraph 9 was added, quote, "because of the personal request here from Michael Jackson for
his particular engagement of his personal physician," end quote. This was so unique, Mr. Trell testified, that it
was not in any other independent contractor agreement he's ever seen in his years at AEG live. When people say
they haven't seen something like that, it's about this.
Paragraph 9 was a road block. They made sure that no contract of any sort was ever completed without Michael
Jackson's agreement and signature. And why is that so important? Because it was Michael Jackson's contract,
and he had to agree to it. He was the one who hired Dr. Murray. He was the one bringing his own personal
physician on tour with him.
Even though AEG live would be advancing the monies, and they would have, it was Mr. Jackson who would be
paying him. Mr. Jackson had to be on board with every term of the contract or there was no contract.
It's easy to see -- excuse me -- it's easy to say we knew that Mr. Jackson wanted the contract; that he was the
one who demanded Dr. Murray, and he was the one who authorized the payment of the 150,000, but the
contract is more complicated than just that. There were many more details involved, and Mr. Jackson had to
approve all of them.
Mr. Jackson could have decided he wasn't going to take Dr. Murray on tour. Still had a couple weeks, didn't
know what he was going to decide. As you saw, there were many times when Mr. Jackson suddenly said, "I
don't want to work with them anymore."
He could have decided to not agree with any part of the agreement. He could have asked for additional changes
or corrections to it. His people may have been unhappy with some of the wording of it. And I'll talk about it for
a second.
Mr. Panish made a big deal about the fact that Mr. Jackson's people had not yet reviewed the contract, but,
obviously, they would have had to have reviewed it.
You heard Ms. Jorrie's testimony. They wanted to get it as close to done as possible before presenting it to Mr.
Jackson and his management.
And you saw the declaration of Mr. Jackson's manager. You saw it. His declaration, not somebody talking about
what he said. His declaration. That was his manager, Mr. Dileo, and he said he knew all about the draft Dr.
Murray agreements. So you can't say they didn't know. They knew. Yes, they hadn't reviewed the drafts yet,
because they were getting them in shape enough so they could have a comment. What did Dr. Murray want?
What did AEG live expect to do? You get it there, and then they get to look at it.
Mr. Panish said yesterday nobody could prove Mr. Dileo knew about Dr. Murray because Mr. Dileo was dead.
Yes, he is. He didn't testify. And, yes, it's true, some people talked about what he said. But the evidence of this
is in his sworn declaration, not someone else's. It wasn't a secret, and it wasn't -- and it was going to be sent to
Mr. Jackson and his people, because he had to sign it before there was an agreement.
Now, Mr. Jackson's signing was required, because that was the only way that everyone could be sure that Mr.
Jackson was agreeing to this. That's why there couldn't be an agreement without Mr. Jackson signing it. Not
because AEG live was in control of Dr. Murray. If they were in control of Dr. Murray, why would they need
Mr. Jackson's signature on it? Because Mr. Jackson was.
Now, plaintiffs want to drive right around this road block, and they want to pretend it doesn't matter. Did you
hear about it yesterday? That's why they tell you there were three different kinds of contracts, maybe June 6th --

I'm sorry -- maybe may 6th, maybe June 16, maybe June 24th, whatever. They're sending all those cars at that
road block, and they're hoping one of them gets through. Maybe one of you will say, "oh, maybe that works."
Paragraph 9 was in every draft sent between AEG live and Dr. Murray. All three of them. Dr. Murray made a
lot of important changes to the first two drafts, but he never changed paragraph 9. He did make other changes.
You saw that. Kathy Jorrie testified about it. But he never changed this. He never said, "this has to be taken
out." and he didn't change it because he agreed with it. He knew there was no contract without Mr. Jackson's
signature. He knew who hired him. He wasn't going on tour unless Mr. Jackson decided to take him.
Okay. Here's the scenario: Mr. Jackson said he doesn't want him. So we're going to take him? Of course not. He
wasn't going on tour unless Mr. Jackson decided that.
In fact, on June 24th, 2009, he signed that agreement. By signing it, he's showing that he agreed to paragraph 9.
That is an action that he took that showed you that there is not going to be a contract unless and until Mr.
Jackson signs. He agreed with that. And, again, look at it. It's exhibit 343.
Now, this means there's no contract. No written contract, no oral contract, and no contract implied by the
conduct of the parties. That was the conduct of the parties.
Plaintiffs are trying to get around that road block, so they try to claim there was an oral contract instead. That
doesn't fly, either. Remember, it's plaintiffs' burden to prove the parties agreed to be bound without a written
agreement. That's their burden.
If Dr. Murray had an oral agreement with AEG live, he never would have signed a document saying he had no
contract without Mr. Jackson's signature. He would have said, "no, that's not right. We already have a contract."
but he didn't do that. Because he knew there was no contract unless Michael Jackson signed.
The court. Mr. Putnam, five minutes before the break.
Mr. Putnam. Oh, I'm going to get in trouble. You heard Mr. Panish argue -- thank you, your honor.
You heard Mr. Panish argue that a contract was created on may 6th, 2009. That's the date he gave you, may 6th.
He said it was created simply because Paul Gongaware called Dr. Murray, at Michael Jackson's direction, and
said that Mr. Jackson was willing to offer 150,000 per month. You remember. "done at 150k per MJ." they sat
and said that's why there was a contract as of May 6th.
But the evidence shows a contract wasn't created that day, because the only term that was agreed to that day was
Dr. Murray's salary. Lots of other important terms, like how long Dr. Murray would work for, or who would be
responsible for things like airfare, insurance, they weren't even discussed on that call. That's why Mr.
Gongaware contacted Timm Woolley. Remember that?
Right after that call, he contacted Timm Woolley, the tour finance manager, and Mr. Gongaware asked him to
call Dr. Murray. Why? Because there wasn't a contract yet. Both sides needed more information.
More importantly, they needed Mr. Jackson's written approval. Mr. Woolley knew that, too. You heard his
testimony that he didn't think there was ever a contract with Dr. Murray.
(a video clip of Mr. Woolley was played)
Mr. Putnam. I'm not asking those questions; they are.

What about Mr. Woolley's back-and-forth e-mails? The ones with Dr. Murray. Did they create a contract?
Again, the evidence shows the opposite.
Just look at Mr. Woolley's first e-mail to Dr. Murray. This is exhibit 177.
And I'll finish right after this one, your honor.
This e-mail is a summary of Mr. Woolley's first and only call with Dr. Murray. His first and only call. Let's look
at the last sentence. Mr. Woolley says there, quote, "lots to consider," end quote. He says, quote, "happy to
continue the discussion," end quote. If there was a contract, there wouldn't be lots to consider nor would you
need further discussion.
And the subsequent e-mails we're going to talk about after the break makes that really clear. If there was a
contract on may 6th, he wouldn't be saying this to him on may 8th.
Mr. Putnam. Thank you, your honor.
The court. Okay. Thank you. Let's take a break. 15 minutes. Let's come back at 11:30.
Mr. Putnam. Thank you, your honor.
(RECESS TAKEN AND CAME BACK IN)
The court. Katherine Jackson versus AEG live, bc 445597. Let's continue with closing argument.
Mr. Putnam. Thank you, your honor.
Where we left off was, they're saying there was a contract on may 6th, yet on may 8th Mr. Woolley has sent an
e-mail after his first and only call with Dr. Murray, talks about "happy to continue the discussion," "lots to
consider." I'll show you the next e-mail, which makes it even clearer there was no agreement between the
parties.
What did he say there? He said they would, quote, "take the next step of discussing a contract," end quote. "the
next step." you don't take the next step of discussing a contract if you already have one. That's on may 14th and
15th; okay? This is nearly two weeks after they say there was already an agreement.
Dr. Murray understood there was no contract, too. Look at his response. His response to Mr. Woolley, he asks
for a draft contract to show his lawyer before he signs. He wants to have his lawyer take a look to decide if he
should agree to it. Should he agree to it. If he already agreed to something two weeks prior, he wouldn't have to
do that. He knows there's no contract yet.
Mr. Panish liked to zoom in on the part of this e-mail where Dr. Murray says, quote, "my services are fully
engaged." but he ignores the most important part: who Dr. Murray's services were engaged with. And this e-
mail exchange is exhibit 191. If you don't look at all of them, 191. And you can see the whole chain, not just
part of it, while you're deliberating.
Dr. Murray says his services are engaged with his client. His client of the last three years, Mr. Jackson. Not with
AEG live. His own long-term patient and client with whom he is working. Mr. Jackson had hired him.

Now, Mr. Panish tried to tell you yesterday that Dr. Murray's client was AEG live. Go look at the chain, and
you decide what it means.
Now, Mr. Panish also alleged to make a big deal about the fact that Dr. Murray asked AEG live for a salary
advance around the same time period. He liked to show you that e-mail many times during trial, showed it again
yesterday.
But, again, plaintiffs aren't telling you the whole story, and that's something I want you to remember, that you
need the whole story, not just when someone gives you little snippets of stuff. Look at the whole context, what
it meant, not what someone else characterizes it as.
And what's the other half of the story? How AEG live responded to Dr. Murray's request for a salary advance.
What did they do in response? He didn't show you that.
AEG live said, "no, you're not getting paid unless there's a written contract, and everybody has signed it." but
plaintiffs didn't show you that. Remember in trial, we had to do it in cross? What was the response?
Let's look at exactly what Mr. Woolley said in response to Dr. Murray's response for money. This is exhibit 232
at page 1.
Says, quote, "AEG policies dictate payments can only be made under a fully-executed agreement," end quote.
This is May 28th. "executed" means signed. Fully executed, just another way of saying signed by everybody. If
there's no signed contract by everybody, then there's no agreement, and no payment. That's may 28th. They say
there's a contract on may 6th. It's simple. Michael Jackson had to sign it or there was no contract.
Dr. Murray understood this. He didn't argue with Mr. Woolley. There's no response where he says, "no, no, no,
no. I've been working for you all for a month. You got to pay me. I can't wait until you have a contract ready."
you don't see that because they didn't have a contract, and he was waiting to see if he would be paid by them,
and that didn't happen, and he never asked anyone from AEG live for money ever again.
Okay. What about Kathy Jorrie? Did she tell Dr. Murray there would be a contract without Mr. Jackson's
signature? Again, the answer is "no." remember, Dr. Murray wanted to see a draft contract before he signed
anything that would bind him, and Ms. Jorrie sent him the first draft on June 16th, 2009.
Now, they say there was a contract, what, six, seven weeks prior? June 16th, 2009. And then it went back and
forth through three drafts, each containing paragraph 9. And he made many comments and changes, but not to
paragraph 9.
And as Ms. Jorrie testified, she told Dr. Murray the same thing when she talked to him on the phone; that there
would be no oral agreement. The only agreement was if it was signed by Mr. Jackson.
Let's look at the third different theory plaintiffs came up with: contract based on the conduct of the parties. No
written, no oral. So they're saying maybe conduct, the way they acted.
Now let's look at your jury instructions on that. Pretty basic. You look at "whether the conduct of the parties
showed they had a clear," clear, "and intentional agreement."
You can't have an agreement with somebody by chance; right? You have to have an agreement because that's
what the parties intended. It has to be clear and intentional. And, again, paragraph 9 is a road block to that
because of Dr. Murray's conduct. His conduct, remember?

You look at the conduct 12 hours before Mr. Jackson died. And what was his conduct? He signed, saying there's
no contract without Mr. Jackson's signature, and then he faxed it to AEG live. There's no way to interpret that
conduct as anything other than Dr. Murray knowing he needed a written agreement, and it had to be signed by
Mr. Jackson.
Now, what about the fact that Dr. Murray was treating Mr. Jackson? Is that the conduct that means there was an
agreement? Does that mean there was some, you know, conduct that you can interpret somehow as an
agreement between the parties? No.
The conduct has to be something that each side knows the other would interpret as a contract. That's what the
instruction says. Mr. Jackson told Paul Gongaware, randy Phillips, Travis Payne, Kenny Ortega, that Dr.
Murray was his doctor. That's what Michael Jackson said. He had treated the Jackson family for years. Dr.
Murray told Paul Gongaware, Timm Woolley, and Kathy Jorrie the same thing. Nothing about Dr. Murray
continuing to treat. He had been treating him for years; he was still treating. There was nothing about this that
would signal to AEG live, oh, wait, he thinks he's working for us now, especially when AEG live told Dr.
Murray over and over again that no contract would exist, no agreement, unless everyone signed off on the
agreement. Unless Mr. Jackson said, "yes." he had to sign it.
And by the way, Mr. Panish said over and over again yesterday that Dr. Murray started the services on may 6th.
That's just not true.
Remember what Ms. Chase said? Dr. Murray was already working at Mr. Jackson's house at least two to three
times a week in April, and we know she's not wrong about that date because she wasn't working at Mr.
Jackson's house in may. Remember? She was fired. She wasn't there in may. So she said when she started
working, he was already working there, so it had to be in April. There was evidence that Dr. Murray was
already treating the Jackson family in California in January of 2009.
So we talked about most of the conduct between AEG live and Dr. Murray. So what's left? Well, there were
times when AEG live staff attended meetings with Mr. Jackson where his doctor was present. It happened in
June 2009. And there was one call, one, where Dr. Murray called randy Phillips. Let's be clear about that
because they sometimes say it was the other way around. It's where Dr. Murray called randy Phillips. Just one
call.
Plaintiffs say these show that Dr. Murray was hired by AEG live. Those actions showed that. It doesn't add up.
Having a meeting with someone doesn't mean you hired them, I promise you.
What about Dr. Murray having Mr. Ortega's cell phone number, or getting involved in Mr. Jackson's rehearsal
schedule? That doesn't prove he was hired by AEG live. Mr. Jackson's personal assistant also got involved with
Mr. Jackson's rehearsal schedule and had people's telephone numbers. So did his manager. That doesn't make
them hired by AEG live.
So now we've talked about all the conduct between AEG live and Dr. Murray, and all of it shows that there was
no agreement between them. There was no contract.
So how do plaintiffs get around that? They focus on actions and words by one party that the other didn't know
about. Those hidden things, you can't look at. Remember, what you're looking for is what the parties
communicated to each other. Hidden intentions may not be considered. You can't walk around telling
everybody you have a contract with me, but I don't know that, and therefore there is one.
But plaintiffs are telling you to focus on things that Dr. Murray never knew about. They're telling you to focus
on conduct that cannot create a contract. Perfect example of this is Mr. Phillips's statement that we hired him
after Mr. Jackson passed.

Plaintiffs told you over and over again this means there was a contract. That means there was an agreement.
How is that possible? Mr. Phillips's statement after Mr. Jackson's death doesn't create a contract before Michael
Jackson's death. You have to look at what the parties understood at the time, what actually happened.
Look at what happened. Look at the evidence of what happened. And there is no evidence that Mr. Phillips ever
discussed hiring Dr. Murray with Dr. Murray. You have no evidence of that at all. That wasn't conduct that Dr.
Murray ever saw before Mr. Jackson's passing. That means it wasn't conduct that could have created a contract.
Plaintiffs also argued that Mr. Gongaware's e-mail to Kenny Ortega on June 14th, 2009, that that created a
contract. You remember the e-mail. You've seen it almost every day of this trial. They'll ask anyone about it.
Remember, only conduct between AEG live and Dr. Murray can create a contract. It has to be conduct between
them. This e-mail is between Mr. Ortega and Mr. Gongaware.
There's no evidence Mr. Gongaware ever told this to Dr. Murray. In fact, the only evidence at this trial, the only
evidence, is that Mr. Gongaware -- is Mr. Gongaware's testimony on it, and he said he never had that
conversation with Dr. Murray.
You have to look at the actual evidence of the case, and plaintiffs haven't shown you a single piece of evidence
that Mr. Gongaware ever spoke to Dr. Murray about who was paying his salary other than in may when he told
him that Michael Jackson was offering 150,000 per month.
Whatever Mr. Gongaware was thinking about when he wrote his e-mail, you can't consider his hidden
intentions. If he never said that to Dr. Murray, it's not evidence of a contract, period. End of story.
Now, Mr. Panish has tried to attack Mr. Gongaware, mocking his memory, saying he doesn't remember
anything, did that whole Brady bunch thing. That's just not true.
Mr. Gongaware remembered all the meetings he had. He remembered the meetings with Dr. Murray and all the
conversations he had. He never didn't remember those. And he testified about all of those at Dr. Murray's
criminal trial, at his deposition, and here in this trial, and he did so consistently. Because Mr. Gongaware
remembers meetings, he remembers events that occurred, places that he goes and talks to someone. He
remembers what happens.
What did Mr. Gongaware not remember? Think about this. Not what he tells you he didn't remember. It's fun to
make fun of Mr. Gongaware. Look at what actually happened. He didn't remember specific e-mails. He didn't
deny them, ever. He didn't say, "I didn't write that." he goes, "show me the e-mail." "oh, I don't remember that
one." "I don't remember the e-mail."
But then they asked questions about it. Well, I remember this happening and this happening and this happening.
All he would say truthfully is, "I don't remember the e-mail."
At the time, if you remember, he stated that he was getting hundreds of e-mails a day. Remember, he was
producing the show at that moment; okay? They're going in less than a month to London, and he's getting
hundreds of e-mails a day and producing a show; all right? There were thousands in this time period. And four
years later, he didn't remember all of them word for word. At the time he wrote these e-mails, he had no idea
that these thousands of e-mails would be picked over by Mr. Panish and his army of lawyers so they could tease
out one to say that it says something it doesn't.
So it's no surprise that he can't remember each one. And when he didn't remember something, you know what
he did? He told the truth. He said, "I don't remember that." and then he went and explained -- they asked him
things in it. What was going on with this, that or the other at the time. He wasn't one of those witnesses who got

up here and said, "you know what he must have been saying? I'll tell you what it was." he didn't pretend he
knew something he didn't. He was saying, "I don't remember that," but then they would ask him questions, and
he would explain what he remembered.
That's what telling the truth is. Not what you think occurred; what you remember occurred. When he didn't
remember something, that's what he would say, "I don't remember." he didn't make up an answer, even when it
would have been much better for him to do so.
Mr. Panish has done everything he can to make you doubt Mr. Gongaware's consistent testimony about his
interactions with Dr. Murray. That's the focus here. It's your job, not Mr. Panish's, to assess Mr. Gongaware's
credibility. And I ask you to remember what actually happened, not how he has persistently characterized it for
five months.
Remember, AEG live doesn't have to prove there wasn't a contract here. That's not our burden. They are suing
us. They have to prove there was a contract. They have to prove that Dr. Murray and AEG live agreed to be
bound without a written agreement, and they haven't done that.
And remember, even if this agreement had been completed -- even if it had been completed, it had been signed
by Mr. Jackson, it was still Mr. Jackson hiring here, not AEG live.
So when you go look at verdict form 1, "did AEG live hire Dr. Conrad Murray," I think you have a multitude of
reasons why the answer is "no," and I think the biggest part of that is the actual evidence. Did they meet their
burden of proof that it was AEG live that hired Dr. Conrad Murray? I think that answer is "no." and if you write
"no," you turn in your form, and the job is done.
Now, as I told you, that's only the first element they have to prove. And so if you said "yes," then we have to go
on to the next one.
And the next one is about competence and fitness. If you get to the next question -- and I really hope you don't
-- the next thing plaintiffs have to prove is that Dr. Murray was not competent and fit for the job for which he
was hired. Remember that part. Was he competent and fit for the job for which he was hired?
This, too, is something they haven't proved, because they can't. They keep telling you he wasn't fit and
competent for the job Michael Jackson hired him for that they didn't know about. But if they're the ones who
hired him, he was competent and fit for that job.
Look. Nobody is claiming that Dr. Murray acted properly here. We don't even know why. We know that he
gave Mr. Jackson propofol for sleep at home without proper equipment and monitoring. He wasn't an
anesthesiologist. But what he did was far, far outside the planned job description, and something no one would
ever expect a doctor to do. You heard doctor after doctor repeat that. If you're not an anesthesiologist, you're not
giving propofol; if you are an anesthesiologist, you're giving it properly. We heard doctor after doctor say they
didn't even know what propofol was.
So if you decide in verdict form 1 that AEG live hired Dr. Murray, then the job for which he was hired by AEG
live was most certainly not to provide Michael Jackson with propofol. It was to be a general practitioner.
Now, look again at the contract. Let's see what the job description actually says.
As far as AEG live knew, Dr. Murray was Michael Jackson's general practitioner, his family doctor, who treats
you for colds and flu, dehydration, aches, pains. He wasn't an anesthesiologist.

If Mr. Jackson had asked an anesthesiologist to administer anesthesia on tour, that would be a red flag. He didn't
ask for that. He asked for his general doctor to treat his general medical needs.
Dr. Murray's planned job description was to continue as Michael Jackson's general doctor. That's what he was
trained for as an internist. That's what he applied for and obtained board certification in. That's what even
plaintiffs' expert, Dr. Wohlgelernter, admitted Dr. Murray's training made him fit and competent to do. Their
expert admitted that. That's what he did in four states with no history of discipline and no malpractice. There
was no malpractice complaints. And that's what he seems to have done competently for Mr. Jackson, and for his
three children, from 2006 to 2009.
Now, let's not lose sight of that fact. Everyone talks about what an amazing dad Mr. Jackson was, and we're not
saying he wasn't, but Mr. Jackson thought enough of Dr. Murray to let him provide medical treatment to his
own children. One of the reasons he was bringing him to London, we believed.
And AEG live believed that this doctor that Michael Jackson selected was competent and ethical. Nothing in
Dr. Murray's job description, treating general medical needs, remotely suggests that Dr. Murray, who wasn't a
trained anesthesiologist, would be administering a hospital-grade anesthetic in Mr. Jackson's bedroom behind
locked doors at night to help him sleep. Nothing.
Dr. Murray went way outside the scope of his job description with what he and Mr. Jackson decided to do with
propofol. His conduct was so beyond the pale that he was convicted of the crime of manslaughter.
And if you believe Dr. Murray's job was to administer propofol, that just shows you even more that AEG live
wasn't the one who hired him, because AEG live had no idea, and the evidence proves that AEG live had
absolutely no idea that Dr. Murray was administering propofol to Michael Jackson behind his locked bedroom
doors. So if you think administering propofol was Dr. Murray's job, then you know that was a job that only Mr.
Jackson could have hired him to do, not AEG live.
Everybody agrees Dr. Murray did not treat Mr. Jackson properly on June 25th, 2009. That's not the issue. The
question you have to decide is whether he was fit and competent for the job for which he was going to be hired.
Not the secret job he was doing privately for Mr. Jackson behind locked doors at night without AEG Live's
knowledge, and certainly without their input.
So the answer to the second question, if you get there, is clearly "no." he was not unfit or incompetent to
perform the work for which he was hired. If he was hired by AEG, it wasn't for propofol. If you answered "no"
here, then, again, you enter a verdict in favor of AEG, and your job is done.
Someone is waving at me. Are we approaching 12:00?
Mr. Panish. Three minutes.
Mr. Putnam. The next section is quite large, so if we can stop at this point, your honor.
The court. Okay. Let's return to the courtroom at 1:30.
Time: 1:39 p.m.
(The following proceedings were held in open court, in the presence of the jurors:)
The court. Katherine Jackson versus AEG live, bc445597. Good afternoon, everybody. Counsel, you may
continue with your closing argument.

Mr. Putnam. thank you, your honor. Thank you, all. So where we left off, I'm going through the verdict form,
question 1, question 2. Question 1, I believe the answer is no, AEG live did not hire Dr. Conrad Murray. But if
you say yes, you move on to question 2. Question 2, I have to say again that I don't believe -- if Dr. Conrad
Murray was unfit, why AEG live would have hired him. But if you say yes, you will move on to question 3.
And question 3 is about notice. If you get to the next question, you have to decide did they prove notice. What
did AEG live know and what should it have known? Plaintiffs must prove this. Was AEG live on notice of Dr.
Murray's unfitness?
Once again, plaintiffs' burden. They have to prove that AEG live had notice. Now, notice is really important
here because the law recognizes that it is not fair to find someone, a company, at fault for negligent hiring
unless the company knew or should have known that the person it hired posed a risk to others. The company has
to be on notice of that; otherwise, it's not fair to hold them liable. Plaintiffs have to prove AEG knew or should
have known that Dr. Murray -- and that's our focus -- Dr. Murray posed a risk to Mr. Jackson, and they haven't
proved that. There is not a single piece of evidence in this case that anyone, anyone, had any idea what Dr.
Murray was doing. Whatever it was he was doing, they didn't know how he was treating him, and they certainly
didn't know anything about any risk he was creating. Remember this was in Michael Jacksons bedroom. I keep
saying it; bedroom, night, locked door, security out front, gates. Nobody knew what was going on up there.
There was no notice. Mr. Panish said yesterday that there were -- and I'm going to quote this, because I wrote it
down -- numerous; occasions -- he said there were numerous occasions where AEG live knew that Dr. Murray
was incompetent.
But he didn't show you a single one, and that's because they can't. There's no evidence AEG live had any idea
about Propofol. He tried to tell you it's not about Propofol. How is it not about Propofol? They had to be on
notice. Certainly if they hired him, that being Dr. Murray, it wasn't for Propofol. I'll say it again. There's no
evidence that AEG live had any idea Dr. Murray was giving Mr. Jackson Propofol to sleep. None. In fact,
there's no evidence into AEG live had notice that Dr. Murray was doing anything other than providing for Mr.
Jackson's general medical needs. None. So the question isn't what AEG live knew. It can't be. The only question
then here for you is what should AEG live have known? What should AEG live have known? If you get this far
on the verdict form, that's what you'll have to decide when you deliberate. Mr. Panish tried yesterday to say,
well, AEG live didn't have to know the specific risk.
That's what he said. They didn't have to know the specific risk, just the particular risk. I thought about that when
he said that, I said that sounds good. But then I thought about it a little bit more, and that's the same thing.
Specific and particular mean the same thing. The law requires that AEG live knew something specific,
something particular about Dr. Murray that showed he was a risk to Mr. Jackson. It's about what AEG live
should have known about Dr. Conrad Murray. And plaintiffs can't show that AEG live should have known that
Dr. Murray posed a particular risk of harm to others. There was no way to know. So what do plaintiffs do? They
make up things that AEG live should have known, things that they should have done. They focused on what
AEG live knew about Mr. Jackson, not what AEG live knew about Dr. Murray. The world now knows what Mr.
Jackson died of. He overdosed. He overdosed on Propofol in his bedroom. Propofol that Dr. Murray gave him.
That's not the question you have to answer. You're not answering what we all now know. You have to decide
what AEG live should have known at the time about Dr. Conrad Murray. Put yourselves in AEG live's shoes
before Mr. Jackson passed. You have to decide based on what you've heard at this trial whether they should
have known what was going on.
Mr. Panish. Excuse me, your honor. That's a violation of the golden rule by counsel asking the jurors to place
themselves in the shoes of one of the parties. That's an improper argument.
Mr. Putnam. Actually, your honor, it's not against the golden rule. The golden rule is placing yourself in the
victim's place, not the place of the person who had to make a reasonable decision. They have to decide if it's
reasonable

Mr. Panish: It's either side, it's improper.

The court: All right. Sustained.
Mr. Putnam. Thank you. Now let's talk about the term plaintiffs use a lot here, red flags. They say based on the
so-called red flags, AEG live should have known Dr. Murray was likely to harm Mr. Jackson. But none of those
flags point to Dr. Murray. None of them show he's a bad doctor. They may show Dr. Murray asked for a lot of
money, they may show Mr. Jackson was sick on June 19, but they don't show that Dr. Murray was harming Mr.
Jackson, that he was dangerous to Mr. Jackson. And that's important, that's what's critical here. Plaintiffs need
to prove that to win, and they haven't. Okay.
Let's talk a little bit again about Dr. Murray. What do we know, or what did we know, I should say, in 2009?
The first thing we know was that Dr. Murray was his longtime doctor, he'd been treating Mr. Jackson and his
family for years, and for that reason alone, AEG live had no reason to doubt Dr. Murray. Mr. Jackson had
already vetted him by selecting him as his family doctor, and he had been doing it for years, apparently without
issue. Mr. Jackson liked Dr. Murray. Remember, he told Mr. Adams in Las Vegas that Dr. Murray was a very
professional doctor. That's what he said. They're Mr. Jackson's words. And in February 2009, he told Dr. Slavit
that Dr. Murray was his personal physician who was caring for him regularly. He told Dr. Slavit that he liked
Dr. Murray and was satisfied with the care that he was receiving from Dr. Murray. Plaintiffs, again, may try to
distance themselves. You heard
Mr. Panish say yesterday that Mr. Jackson only saw Dr. Murray seven times from the beginning of 2006 to the
beginning of 2009. Now, one might say that's regularly. But whether you do or not, you know what Mr. Jackson
was saying, that it was his personal doctor. Plaintiffs don't want you to think that Mr. Jackson picked Dr.
Murray, that he liked Dr. Murray, that Dr. Murray was his doctor for years, but those are the facts. That's the
evidence. Just look at Mr. Jackson's medical records. They prove it. Not only was Dr. Murray Mr. Jackson's
longtime doctor, there was nothing in his background -- in Dr. Murray's background that remotely suggested
that he posed any risk of harming anyone. Remember the idea of a negligent hiring is that companies aren't
supposed to hire someone when something in their background shows that they are unfit or incompetent.
There's nothing like that here. There was nothing to indicate there was any issue with Dr. Murray. In May 2009,
back where you have to look, Dr. Murray was a licensed physician. He was licensed in four different states.
That's the evidence. He had offices in several states. His license to practice medicine had never been suspended,
and he had never been sued for malpractice. And in California, getting a license includes a fingerprint scan and
a criminal background check. Dr. Murray passed that check in California and three other states. He had a valid
medical license from the time he first started practicing through Mr. Jackson's passing, and that medical license
was never suspended.
Dr. Murray went to a good medical school, he had good residencies and good internships, and Dr. Murray was
not a known problem. He didn't have a history of giving celebrities anything they wanted. He was a
cardiologist, he was an internist, he had four practices, he treated pastors and members of local churches. He
had never given anyone Propofol before. He'd never been accused of giving someone too much medication,
medication they didn't need. This isn't some situation where somebody hires a driver with a history of reckless
driving, or gives a guy with a history of violence access to weapons. Dr. Murray had no history of overdosing
patients. He had a history of being a dedicated doctors, dedicated to his patients.
That's what was knowable in 2009. And in spite of all of this, plaintiffs say AEG live should have somehow
known that Dr. Murray was going to give Michael Jackson an overdose of a drug they never heard of called
Propofol. But AEG live did not have a crystal ball. So what does Mr. Panish do? They invent things that AEG
live should have done. They invent things that AEG live should have seen. They made two main arguments.
First they said that AEG live should have run a credit check. AEG. live should have figured out Dr. Murray was

in debt, then they should have refused to advance him money if he went on tour. Second, Mr. Panish argues all
the so-called red flags. All that talk about Mr. Jackson's health, the "trouble at the front" e-mails, all of that
should have made AEG think Dr. Murray was harming Mr. Jackson, that he was going to kill him. Let's talk
about each of those.
Background check first. Heard a lot about it. Plaintiffs say AEG live should have conducted a background
check on Dr. Murray. And not just any background check, but an extensive check, an extensive investigation of
his personal finances; and based on Dr. Murray's finances, AEG live should have realized that he wasn't a good
doctor. Members of the jury, that's another argument that does not make any sense. You heard from Ms.
Seawright, their expert, Ms. Young, our expert, Mr. Trell, that background checks are generally not done on
independent contractors, any background check.
And why? Because independent contractors are just that, independent. They're responsible for their own
conduct. They aren't supervised. Plaintiffs talked earlier about supervision, but you heard from Mr. Trell and
Ms. Young that independent contractors aren't supervised, and plaintiffs didn't give you any evidence showing
otherwise. Plaintiffs showed you part of Mr. Trell's deposition yesterday, but they didn't show you all of it. And
if they'd shown you the rest of it, you'd see where Mr. Trell testified in no uncertain terms that AEG live doesn't
supervise independent contractors who provide personal services to artists. It doesn't do that.
(A video recording was played.)
Mr. Panish. your honor, is this in evidence?
Mr. Putnam. you didn't see that part. And even for those who are supervised, as you saw Mr. Trell say
yesterday, it's not about how they do the work, just checking at the very highest level whether it was done or
not. That's what he said yesterday in the clip they showed you. That's because independent contractors are
experts in their fields. Whether they're painters, plumbers, electricians, doctors, they have an expertise in their
own field that the person who is hiring them does not have. You don't tell an electrician how to wire a house, or
a plumber how to fix a runny pipe, and you certainly don't tell a doctor how to do their job. AEG live was never
going to be in a position to supervise Dr. Murray because they had no ability to tell him how to treat a patient.
They didn't know how. Background checks are unheard of for doctors. Why? The California medical board does
its own background checks on doctors, as I just told you. It does that before it licenses doctors. And Kathy
Jorrie, AEG live's doctor (sic), she checked to make sure Dr. Murray was a licensed doctor. She testified to that.
She checked. She checked him out. Now, she didn't do a credit check, but there was no reason to do so. Why
not? Well, because any background check AEG live did on Dr. Murray would have to be job related. Do you
remember the experts talking about that idea, job-related checks?
A doctor's finances have absolutely nothing to do with whether a doctor is good at his job or not. Mr. Panish
told you yesterday that all AEG live needed was Dr. Murray's signature to run a credit check on him. That's not
true. You heard Ms. Young talk about how credit checks must be related to the applicant's job. A company like
AEG live cannot legally run a credit check on someone unless it is necessary for their job. You get in a lot of
trouble for that. Now think back to 2009 especially. Dr. Murray wasn't the only person in this country in
financial trouble. He wasn't the only one with a house in foreclosure, and certainly not in Las Vegas. That's why
most companies don't and aren't allowed to know every single detail of one's financial -- of a financial -- every
financial detail of a person that they're thinking of hiring. You've heard testimony in this case that Stanford
University, the California medical board, they don't run those checks on their doctors; but plaintiffs want you to
hold AEG live to a higher standard, one that doesn't apply to others. And the standard you must apply, that's
what would a reasonable person do. You heard that yesterday. And the truth is any reasonable person would
assume that a doctor is going to act -- act ethically, even if they're in debt.
That's what they promise to do. That's their Hippocratic Oath. Doctors swear in that oath to do no harm and to
put patients first, and AEG live had every right to expect that Dr. Murray would follow his Hippocratic oath.

There's an instruction of law that you received on this, as well. You were instructed that, quote, every person
has a right to expect that every other person will use reasonable care. AEG live had a right to expect Dr. Murray
to be just like that, to do just that, like all doctors. A doctor would not violate the law or his Hippocratic Oath;
they had the right to expect that.
Remember, he had never harmed a patient before. Plaintiffs have to prove that AEG live knew or should have
known that Dr. Murray might, nonetheless, harm Mr. Jackson. Showing that Dr. Murray was in debt just doesn't
cut that. Nothing in Dr. Murray's background suggests that he would be dangerous. Nothing. Now let's go to the
red flags. One of those is past drug use. Plaintiffs say that Mr. Gongaware, Paul Gongaware, knew back in 1993
what the whole world knew, that Mr. Jackson had a problem with painkillers. Plaintiffs claim this means that
AEG live should have immediately been suspicious when Mr. Jackson told AEG that he was bringing his doctor
on tour two decades later.
That prior drug use says nothing about Dr. Murray. That's not evidence that AEG live knew that Dr. Murray
was a problem, that they knew what Dr. Murray was doing. Remember, Dr. Murray didn't prescribe a single
opiate painkiller. Never. He didn't. All the evidence shows that Mr. Gongaware knew in 1993 what the whole
world knew; that Mr. Jackson had a problem with painkillers, and that he went out and got help for that
problem. He'd gone into rehab. You heard from Mr. Gongaware and from John Meglen, the two AEG live
executives who first met with Mr. Jackson in 2007. Mr. Gongaware didn't see any signs of drug use from
Michael Jackson during those negotiations in 2007 or 2008 or in 2009. Neither did Mr. Meglen. And Mr.
Jackson's security officer, his security officer, Mr. Laperruque -- do you remember him? He backed Mr.
Gongaware and Mr. Meglen up. Mr. Jackson seemed totally clean during those negotiations. He was there.
Remember, he brought him to and from? He looked great, sounded great, was clear-eyed, he was focused.
That's Mr. Jackson's security guard saying that. The same one, remember, who years before recalled the slurred
phone calls late at night. He knew what to look for. The same one who revived Mr. Jackson in an apparent
overdose after his children called 911 at Disney world.
Do you remember him? He's the one who later now brought Mr. Jackson to and from these meetings, and he
said Mr. Jackson looked great. And that's what AEG live saw, as well. Now, February 2009, after the deal with
Mr. Jackson was signed, Mr. Jackson passed a physical. Remember, it was -- with flying colors, that was the
quote. That was Dr. Slavit again. He was doing the physical so Mr. Jackson and AEG live together could get
insurance for the tour. But Mr. Jackson didn't tell Dr. Slavit anything about painkillers or insomnia, stuff he'd
been struggling with for decades. Dr. Slavit could only make a decision based on what he was told, on what he
saw, on the healthy individual standing in front of him. So he issued a report giving Mr. Jackson a clean bill of
health. As a result, AEG live believed Mr. Jackson was perfectly healthy, he had put those days of drug use
behind him from two decades before when he was younger. That was gone. He was now a 50-year-old man
with kids, ready to return to the world stage. He was ready for his redemption, and that's what AEG live saw.
Perhaps more important, AEG live heard from Mr. Jackson himself that he was healthy, that he was ready to
perform.
Mr. Jackson told AEG live that he was healthy, that there were no health concerns that would interfere with his
ability to tour. Now, how do we know that? Because that's the promise he made in his contract with AEG live.
That's what Mr. Jackson told AEG live, and that's what AEG live believed, and certainly what they saw. And
you can see it right there for yourself. That's exhibit 66, page 10. At the end of the day, what plaintiffs are
saying is that no reasonable person could possibly believe Mr. Jackson was telling the truth. When Mr. Jackson
said he was healthy enough to do the tour, AEG live apparently should have assumed he was lying. Because of
a painkiller problem two decades before for which he had gone to rehab? Members of the jury, that also doesn't
make sense. A reasonable person in Mr. Gongaware's position would believe exactly what Mr. Gongaware did
believe in 2009; that Mr. Jackson was clean, sober, and honest. By all appearances, that was true.
Now, the 5 million. Let's talk about that for a moment, this red flag, which is that Dr. Murray first asked Paul
Gongaware for a lot of money, $5 million, to go on tour with Mr. Jackson. Now, they say that because Dr.

Murray asked for such -- so much money, AEG live should have realized instantly that there was something
suspicious about that, he must be a bad doctor. Asking for a large amount of money does not make someone a
bad doctor or a bad person. Maybe a bad negotiator, but not a bad doctor, and one might even argue not a bad
negotiator. Just because someone asked for a lot of money, that certainly doesn't mean they're going to go on to
commit the crime of manslaughter. Think about that. Does that make sense?
This is the king of pop we're talking about here. He said it I don't know how many times yesterday. Every single
person AEG live negotiated a contract for was asking for top dollar. You saw that with Kenny Ortega, with
Travis Payne, with Karen Faye. AEG live had no reason to think twice about a big initial ask. It happened all
the time, it was not unusual. You start high and negotiate down. Mr. Gongaware testified to that himself. He
said it's not unusual in his business to, quote, see people asking for way too much money, end quote. The fact
that Dr. Murray asked for $5 million doesn't say anything about what Dr. Murray did behind closed doors. All
right. The fact of the doctor, that's the next red flag. Plaintiffs have argued that the mere fact that Mr. Jackson
asked for a doctor should have caused AEG live concern because it was an unusual request. Remember, all
these were about Mr. Jackson. Now, you don't see anybody else saying that.
You see plaintiffs' counsel saying that. The witnesses didn't say it, and the evidence doesn't support it. Mr.
Panish said yesterday that Mr. Berman said it was highly unusual to bring a doctor on tour. Mr. Berman
wouldn't know. Remember, he's a record executive. That's what he did for a living. He never once in his whole
life worked on a tour. He admitted that. Listen to the evidence from people who actually have experience on
tours, evidence that actually was presented in this trial. Stacy walker, she was a dancer, choreographer.
Remember her? She came in -- remember we had to bring her in a little early because they were going on tour?
She's done this for 20 years in this industry, and she testified that it's not rare for doctors to go on tours. Marty
Hom, again, an expert with years of experience in the touring industry. He also testified that doctors go on tours
with artists. Shawn Trell identified that both Celine Dion and the rolling stones, two other big artists AEG
works with, they both brought doctors on tour. John Meglen also testified that John Denver brought a doctor on
tour. Some of you will know who that is. Now, Dr. Metzger, he testified. You heard him. That was Mr.
Jackson's own physician for many years, and he testified that he went on tour with Mr. Jackson in 1996, and
apparently did nothing inappropriate.
The fact that Mr. Jackson asked for Dr. Murray says nothing about what Dr. Murray was doing to Mr. Jackson
behind locked bedroom doors. Weight. Oh, my. We heard a lot about Mr. Jackson's weight. A person's weight,
whether over or under what it should be, doesn't mean they have a bad doctor, especially in this case. You heard
Dr. Metzger identify that it was common for Mr. Jackson to lose seven to eight pounds a night when he was
performing. And you heard similar testimony from Karen Faye and Debbie Rowe. Let's look at the facts here,
the facts, of Mr. Jackson's weight. First, according to the coroner, he wasn't underweight when he died. He was
136 pounds. And as the coroner -- the coroner also testified, Mr. Jackson's body mass index, when we talk about
b.m.I.'s, that was in the normal range. His weight was normal, he was 136 pounds. And that was about what Mr.
Jackson had weighed his entire adult life. How do we know that? We looked at all the medical records, and
that's what we saw. It hardly fluctuated. But Mr. Panish says he was really thin in this one picture from his
dressing room.
Let's look at that picture again. Every witness was shown it. The biggest problem with this picture is that it's
from Mr. Jackson's dressing room. We don't have to talk about everybody can take a bad picture, it's from the
angle. Let's just look at the simple fact of it. This was from his dressing room. Nobody outside that dressing
room ever saw Mr. Jackson in a thin t-shirt. Look at what everyone else saw. This is what everyone else saw.
This is Mr. Jackson four days later, on June 23rd. And you have to look at what people actually knew, what did
they see. People aren't going into Mr. Jackson's dressing room from AEG live. You have no evidence that they
did. Remember at rehearsals he wore jackets, poofy shirts, all kinds of layers? And Kenny Ortega was there.
Mr. Ortega testified that he never saw Michael Jackson look as thin as he appears to look in this picture. He said
he never saw him like that. He was there every day. He never saw him like that because he wasn't back in the

dressing room. And Karen Faye testified that it might have been difficult for others on the tour who didn't see
Mr. Jackson in his dressing room -- it would be difficult for them to notice the weight loss. Exactly.
Once again, plaintiffs want AEG live to be aware of what Mr. Jackson did in his bedroom at night, and what he
did when he was getting changed. They didn't know that, nor should they. The whole thinness thing is just a big
distraction. As the coroner told you, Mr. Jackson did not die because he was too thin. And weight loss is not the
sort of thing that would lead any reasonable person to conclude that Mr. Jackson's doctor was administering an
anesthesia in his bedroom at night. They don't connect up. Mr. Jackson's weight says nothing about what Dr.
Murray was doing behind Mr. Jackson's locked bedroom doors. Declining health. We talked about the supposed
declining health, and that somehow was a red flag that identified Dr. Conrad Murray. Supposedly he'd been in
decline for weeks or months, and everyone should have seen it. That's their claim. That's simply not true. And
even if it was, it doesn't mean that Dr. Murray was the cause. People get sick and they get tired. That doesn't
mean their doctors are unfit or incompetent. It doesn't mean their doctor is the cause of that. Think about that.
When you see someone ill and there's a problem, they have a bad doctor? That's not how it works. Remember,
as the judge instructed you, a person is not negligent just because they don't take affirmative steps to save
someone.
The only way that Dr. -- I'm sorry -- the only way that Mr. Jackson's health matters is if you also believe that
something about Mr. Jackson's health should have put AEG live on notice that Dr. Murray posed a danger to
Mr. Jackson and others, and the evidence just doesn't support that. Let's talk about the actual evidence of this
time period. Remember they talked about eight weeks of decline? Let's talk about that. The only evidence
plaintiffs have for their claim that Mr. Jackson was in decline for eight weeks is one e-mail from a production
manager, Bugzee Hougdahl. That was on June 19, 2009, all those "trouble at the front" e-mails. Did Mr.
Hougdahl really think Mr. Jackson was declining over eight weeks? Well, let's look at what he was saying at the
time. Because five days before this e-mail, five days, there was the one that Kenny Ortega sent to Mr.
Gongaware on June 14. We saw it earlier, saw it yesterday, the one where he raised his concerns that Mr.
Jackson might need a physical therapist or a nutritionist. Mr. Gongaware forwarded that e-mail to Mr.
Hougdahl; and it was also forwarded to Travis Payne, as you may recall. And remember their responses. Mr.
Payne suggested a massage chair for Mr. Jackson. That's what Mr. Payne said. Mr. Hougdahl suggested a
cheeseburger. Remember he said he just needs a cheeseburger and some -- what was it? -- brats? Remember
that was said? Now, if Mr. Hougdahl was really serious, really concerned about Mr. Jackson's health over the
prior eight weeks, he wouldn't have made a joke about his weight just a few days before. Remember everyone
who has testified says Mr. Hougdahl was a caring person who wouldn't joke if he thought Mr. Jackson was
really in trouble. The fact is that nobody had serious concerns about Mr. Jackson at this point in time. Do you
think Mr. Payne -- remember Travis Payne, the choreographer.
Again, he came a bit early because they were going to go away? The fact is he came in and he was working
with Mr. Jackson every day at his house. Do you remember that testimony, they were working at the house? So
he's seeing him all the time. Do you think he would have suggested a massage chair at that time period if
everyone was concerned about Mr. Jackson's declining health over the past eight weeks? That doesn't make any
sense. It's easy to look back with what we now know and try to connect dots. That's that hindsight 20/20 thing
that we talked about. Remember what Mr. Payne said about that. But you have to consider what people knew at
the time, about how they looked back at it. And remember at the time Travis Payne was with Mr. Jackson
basically every day, and had been for eight weeks. And at the time, he'd never had any inkling about anything
being wrong.
Nothing. And if he didn't, how should AEG live? He was there every day, they weren't. If he didn't have an
inkling, how could they? They only visited on occasion to rehearsals. You heard that testimony. That doesn't
make sense. There's no red flag there. So let's look at the timeline of the supposed eight-week decline. Eight
weeks before would have been late April. All right? You heard from Dr. Metzger, you heard from Dr. Lee, two
healthcare professionals, that Mr. Jackson appeared completely healthy in April. And everyone working on the
tour said the same thing. The same is true for May. Mr. Laperruque testified that Mr. Jackson looked happy, he

looked good at his parents' anniversary on May 14. He said Mr. Jackson was laughing, in a good mood. You
remember, Mr. Laperruque knew what it looked like when Mr. Jackson wasn't in that state. He saw him on the
14th, took him aside -- Mr. Jackson aside to a room during his parents' anniversary party. And asked how he
looked, he said he looked great. He said Mr. Jackson was laughing and in a good mood.
Alif Sankey, the assistant choreographer on the show, she said Mr. Jackson had a magical performance on June
6th, and she said Mr. Jackson was very excited and engaged before that. Even Ms. Faye, the makeup artist, she
didn't become truly concerned that something might be wrong with Mr. Jackson until the last week of his life.
That's well into June. The only thing anybody noticed in May is that sometimes Mr. Jackson was a little groggy
after visits to his dermatologist, Dr. Klein, for skin care, cosmetic procedures. That didn't raise red flags because
he seemed to be getting legitimate treatment from Dr. Klein. It certainly didn't raise red flags about Dr. Murray.
Nobody was seriously concerned about Mr. Jackson's health in May. June. Let's look at Mr. Jackson in June. I'll
show you this. You saw it at trial. Pam?
(A video recording was played.)
Mr. Putnam. that's June. June 5th, 2009. He looks great, he looks incredible. You saw the whole thing, and if
you wanted to go back and see the whole thing, you can do so. It's exhibit 12927. There's nothing that remotely
suggests that Mr. Jackson was in trouble, and certainly nothing to suggest that he was being harmed by his long-
term personal physician. Because remember, you're being asked about what AEG live knew about Dr. Murray.
It wasn't until around the end of the second week of June some people started to have some concerns, around
June 14. But what were those concerns? And that's important, because those concerns were very specific. Mr.
Ortega was concerned about Mr. Jackson's preparedness for the shows; specifically that he might not be in good
enough physical shape or might be suffering from joint pain. He was also concerned about Mr. Jackson maybe
not eating enough to keep up with the workouts.
That's why he suggested on June 14th, 2009, that Mr. Gongaware, without invading MJ's privacy -- do you
remember that? -- see if Mr. Jackson could use a physical therapist or a nutritionist. In the e-mail we talked
about earlier, Mr. Gongaware responded that he and Mr. Dileo, Mr. Jackson's manager, were working on setting
up a meeting with Mr. Jackson's doctor per Mr. Ortega's suggestion. And Mr. Ortega's response shows that he
understood what Mr. Gongaware meant at the time. Think back to what we talked about at trial. Would they be
asking to see him if they hired him? Do you remember all those things with the "re" line with the stylist? Go
back and look at that exchange. The term there was very specific. Preparedness.
Plaintiffs want you to believe that Mr. Gongaware wanted Mr. Jackson to perform at all costs, and was going to
pressure Dr. Murray to ensure that he did so; but nothing in this e-mail even slightly suggests that. Look at the
whole exchange, put it in the context it needs to be put in. And remember at the same time he sent this e-mail,
Mr. Gongaware also started asking around whether anybody could recommend a good physical therapist or
nutritionist for Mr. Jackson. You saw the evidence of that, too. Mr. Gongaware wanted nothing other than to
help Mr. Jackson any way he could. He wanted Mr. Jackson's comeback to be a success. And you heard that
Mr. Dileo, Mr. Jackson's manager, set up meetings with himself, Mr. Jackson, Dr. Murray, Paul Gongaware and
Mr. Phillips to address these exact issues; nutrition, stamina, physical therapy.
And Dr. Murray assured everyone that Mr. Jackson was fine, doing well. He was drinking those special shakes
to gain weight. That was that meeting. And don't forget this is the first time anyone at AEG live had met Dr.
Murray in person. Plaintiffs try to paint a dark picture of this meeting. Ms. Chase says Dr. Murray was upset
and said, "I can't handle this shit." remember he runs out, "I can't handle this shit"? Well, Ms. Chase, of course,
didn't say any of this until after plaintiffs' lawyer hired her and represented her at her deposition. But even if her
testimony is completely accurate, it simply doesn't prove what plaintiff suggests.
Maybe Dr. Murray was stressed about the fact that he was -- he had just been in a lengthy meeting lying to AEG
live and Michael Jackson's manager about what was actually going on. Maybe that's what happened. Or maybe

Dr. Murray was upset because he had realized that he was working for an addict, and he didn't know that before,
so he was in over his head. We don't know what he was thinking. But Mr. Panish wants you to speculate that it
must be something bad. Why else would he have run out and said that? But he doesn't say what. What was the
bad thing that he was running out from? What was the bad thing that he was thinking as a result of him saying
that? What happened at that meeting? It's speculation. Certainly whatever happened didn't make Ms. Chase
suspicious that Dr. Murray was harming Mr. Jackson.
She didn't get suspicious from it. She's the one who saw it. She testified that she liked Dr. Murray and believed
he was a good doctor taking good care of Mr. Jackson. That was her testimony, a person who saw it. If it didn't
make Ms. Chase, who was there at Carolwood with him and Mr. Jackson every day -- didn't make her
suspicious of Dr. Murray, why would it make AEG live suspicious of him? Remember, it is plaintiffs' burden to
prove that AEG should have known that Dr. Murray was unfit or incompetent and that he was likely to harm
Mr. Jackson. The question you have to answer here is whether plaintiffs proved that. Now let's go back to actual
evidence. There's no evidence that's been presented to you at this trial that Mr.
Jackson suffered from anything other than weight loss, tiredness, muscle soreness and nervousness before June
19. There's no evidence to the contrary. That's all you've heard prior to June 19. These symptoms wouldn't make
anyone think Dr. Murray was giving anesthesia to Mr. Jackson in his bedroom for sleep. There must be a
reasonable explanation for those symptoms. The one everyone believed at the time was that a 50-year-old man
who hadn't performed in a decade was tired, out of shape, and very nervous. That's what they understood at the
time, and it makes sense. Mr. Jackson -- Mr. Jackson's symptoms say nothing about what Dr. Murray was doing
in Mr. Jackson's locked bedroom. Now "trouble at the front." let's deal with those e-mails. Remember that's on
June 19. And remember, as was often the case, this is a day where no AEG live employees actually were
present at rehearsal.
So remember that, they weren't there. Paul Gongaware wasn't there, Randy Phillips wasn't there, and Mr.
Jackson was ill. He was chilled, he had the shakes, people were concerned. Kenny Ortega was very concerned.
Bugzee Hougdahl was concerned, and they e-mailed Mr. Phillips and Mr. Gongaware about their concerns.
They weren't there to see them, these people were concerned, they e-mailed them. Now, plaintiffs made a lot of
the e-mails that night, "trouble at the front" thread. They showed them yesterday, and I encourage you to read
the whole chain, not just a handful of words that have been the focus of plaintiffs' case. Put it in context, go read
all of them, and remember it's one of those chains that then breaks off like a tree into other chains, there are
people reading. Look at the chains together and see what actually happened. None of these e-mails, not one,
showed AEG live had reason to know Dr. Murray was the source of Mr. Jackson's problem that evening. No
one knew what the problem was. That's what everyone said. You see it in the e-mails, you see it in testimony at
trial. They didn't know what was wrong, is it chemical or physiological? Was Mr. Jackson doing this to
himself? That's what Karen Faye suspected. Was he having psychiatric problems? Was it the flu?
Was it one of his cosmetic treatments from Dr. Klein? Everyone agrees Mr. Jackson was sick on June 19th, but
no one knew why. You have to go back to what they knew on June 19th, 2009. Nor would it be something any
layperson could possibly figure out. In fact, even the experts disagree to this day about what those symptoms
were. Think about it. You've been sitting as jurors in this case five months? Testimony for four? Is that right?
Do you know today what was wrong with Mr. Jackson on June 19th?
Do you know? Did someone tell you? No, because nobody knows. And none of these symptoms pointed to Dr.
Murray, that he was the reason Mr. Jackson was ill. Remember, as far as anyone at AEG live knew, Dr. Murray
had been Mr. Jackson's doctor for years through all of those great negotiations in Las Vegas, through the
signing of the tour agreement, through the whole period. Mr. Jackson being ill on one night, one night, doesn't
suddenly have everybody pointing their fingers at Dr. Murray. We can do that in retrospect; but at the time,
there was no reason to do that. Not knowing what is wrong with Mr. Jackson says nothing about what Dr.
Murray was doing with Mr. Jackson in his locked bedroom. Plaintiffs spent a lot of time on June 19th. To be
frank with you, I would say I believe it's their whole case. But it's not the whole story. Because what happened

after June 19th was very, very important because Mr. Jackson continued to conceal what was really going on.
He continued to tell everyone he was fine because he wanted this tour. It was his tour, his dream and his choice.
Let's look at one of Mr. Ortega's e-mails further down the chain. And this is exhibit 307.
Mr. Ortega says Mr. Jackson, quote, really wants this, end quote, and quote, it would shatter him, break his
heart, if we pulled the plug, end quote. So what did AEG live do? They did what any reasonable person in their
position would do. They let Mr. Jackson's management team know what was going on. Remember, Mr. Jackson
had a whole team of advisors. They were his team. And they all received these e-mails. And then Mr. Phillips
personally met with Mr. Jackson to see if he was okay. These "trouble at the front" e-mails didn't end with AEG
they then sent it to all of his advisors. And the next day, at the request of Mr. Jackson's manager, Mr. Phillips
and Mr. Ortega met with Mr. Jackson and his doctor. They hadn't seen Mr. Jackson yet after this episode. It was
what, 12 hours later, 14 hours later? And both Mr. Jackson and his doctor told Mr. Phillips and told Mr. Ortega
that Mr. Jackson was fine. Dr. Murray assured them that he had Mr. Jackson's health under control.
He said Mr. Ortega should direct the show and leave Mr. Jackson's health to him. Remember "stay in your
lane"? Mr. Panish said yesterday that AEG live said that to Dr. Murray. That's not true. "stay in your lane" is
what Dr. Murray said to Mr. Ortega and to Mr. Phillips. That's what the testimony is. Now let's talk for a minute
about what Mr. Jackson had to say, because Mr. Jackson was there. They went to see how he was doing and if
he was okay. Mr. Jackson -- sorry. Because Mr. Panish said yesterday it was Mr. Phillips who reassured Mr.
Ortega, I want you to actually look at what happened. Mr. Jackson, a 50-year-old man, told his business
partners he was fine. He told them he was okay, he was ready to take the reins on the tour, and he told Mr.
Ortega not to be afraid, there was nothing to worry about. Those were Mr. Jackson's words in that meeting. And
Dr. Murray, Mr. Jackson's long-term personal physician, backed him up.
He said Mr. Jackson was fine. Whatever had happened the night before, he was better, the tour staff should stop
trying to act like doctors and leave Mr. Jackson's health to them. Mr. Panish likes to say AEG live should have
done something more, but what more could a reasonable person do when a grown man says he's fine and doesn't
need help? On June 20th, Mr. Jackson was much better. The next day, he was much better. He was calm, he was
clear, he was normal, and his doctor said he was fine. That's the testimony. And so did Mr. Jackson. At this
point, there was nothing more for Mr. Ortega or Mr. Phillips to do. Now, of course, before the meeting, as you
all know, Mr. -- Dr. Murray also called Mr. Phillips. Dr. Murray called Mr. Phillips, not the other way around,
and they spoke on the phone for about 20 minutes on the way to the meeting. Plaintiffs tried to imply that there
was something bad or improper about this call; but there is zero evidence, again, to support that. Zero. And
remember, speculation is not evidence.
This is the only actual evidence of what happened on that call, the e-mail that Mr. Phillips wrote right after it
ended. Dr. Murray told Mr. Phillips the same thing he told Dr. (sic) Ortega later that same day, said the same
thing, "don't be an amateur physician or psychiatrist. Michael Jackson is fine, he is physically and mentally
equipped to perform." Dr. Murray assured Mr. Phillips that he was at the house with Mr. Jackson and that Mr.
Jackson was fine. That's what happened during that call. Not some sinister meeting between Dr. Murray and
Randy Phillips, which is what they'd like you to believe. And what about this part that Mr. Panish loves to focus
on, "I'm gaining immense respect for Dr. Murray, and he is totally unbiased and ethical"? That showed that Dr.
Murray had completely deceived Mr. Phillips, for that is what Mr.
Phillips believed on June 20th, 2009, and that's what you're supposed to look to. He deceived him in the same
way he had deceived Kai chase, apparently, who was in the house every day. The same way that he had
deceived Mr. Jackson's son prince, who said the same thing. And the "we check everyone out" -- yesterday they
said that was a lie. They love to claim that Mr. Phillips was lying here, usually they'll mock how he speaks.
Okay? Mr. Phillips is talking about his conversation with Kathy Jorrie. She said so. They discussed that Dr.
Murray was successful, he had licenses and practices in multiple states. She is AEG live's outside counsel. Mr.
Panish spent a lot of time in closing attacking Mr. Phillips, doing the voices, mocking his memory. On a break,
he came back and said, "I shouldn't have done that." he tried to paint Mr. Phillips as a liar; but at his deposition,

plaintiffs played a game of gotcha. They showed him four-year-old e-mails in a context that confused him; and
even when he explained himself at the deposition, plaintiffs say, "well, wait, now -- show the other e-mails."
they then came back here and just played the confused answer parts at trial instead of the clear ones. You saw
that.
Remember that line where Mr. Phillips asked if Mr. Panish wanted the truth or his testimony? Do you
remember that that they did yesterday? It's because he had made a mistake in his testimony. He owned up to it,
and he tried to explain it, but Mr. Panish didn't want to hear that. He wanted him to repeat his mistaken answer
so he could contradict it with the truth, or tell the truth so he could contradict it with mistaken testimony, a
game of gotcha with the truth being the loser. That's not a search for the truth. It's up to you to determine
whether to believe Mr. Phillips or not. That's your decision. But I want you to think about whether his testimony
ever changed on the points that are most important here. Mr. Jackson choosing Dr. Murray and determining he
came -- that -- and demanding that he come on tour, did he ever change that testimony? No.
Mr. Jackson reassuring Mr. Phillips and Mr. Ortega on June 20th? No. Mr. Jackson's amazing performances on
June 23rd and 24th? The same, because that's consistent. It's the same thing he said in June 2009. Remember the
rest of that video plaintiffs often like to show a few seconds of that we hired him on, and then we came back
and said look at everything he said up to that point? We showed you the whole thing, and Mr. Phillips said all
the same things about Dr. Murray just one week after Mr. Jackson's death, and he did it in this court and at his
deposition. And it's also the same story in his e-mails at the time, you can see. The take-away from the "trouble
at the front" e-mails is that no one knew what was going on. That brings us to the last part of that June story, the
eight-week decline, the part Mr. Panish never talks about, never here in trial, not yesterday, because it shows
how much plaintiffs' case doesn't make sense.
After being sick on June 19th, Mr. Jackson took a couple of days to rest. He canceled a session with Mr. Payne;
and he came back on June 23rd, 2009, and gave the best performance of the entire rehearsal period. And he did
it again on June 24th. Let's talk about those rehearsals, the last time Mr. Phillips and Mr. Gongaware saw Mr.
Jackson. Let's look at the clip of the "this is it" movie from June 23rd. In fact, I encourage you to watch the
movie. It's exhibit 12927. I'll say it again. Exhibit 12927. It's an exhibit. Watch it. Watch the whole movie. You
can ask to view it. You can watch the rehearsals, and you can see what everyone saw at the time. Take two
hours, take a look, see what you think. Yesterday they played countless clips of Mr. Jackson from the '60's and
the '70's and the '80's and the '90's. Why don't you go look at the movie and see how he looked in 2009?
Particularly on June 23rd and June 24. Exhibit 12927. Anyway, right now I want to show you a clip from the
23rd.
(A video recording was played.)
Mr. Putnam. Watch the red shirt.
(the video recording continued to play.)
Mr. Putnam. that's the 23rd. Now, I went through the movie to choose that clip because if you look at the
movie, what you'll see is there are clips from different days that will show an entire song. That's why I chose
that one to show you. That one uses just in that day. I want to show the red shirt because if you go back and
look at the movie, look for the red shirt. When you see the red shirt, that's what he was wearing on the 23rd. He
put on different jackets for the rehearsal, but the red shirt stays the same. If you look at the movie and see the
red shirt, that's on the 23rd. There are about six different jacket changes during that. Okay? And that's what
you'll see at rehearsal for hours. That's after June 19th. That's three days after that meeting on June 20th.
Now, remember, the footage wasn't filmed for a movie, that wasn't the intention. Remember it was a rehearsal.
It was a rehearsal, they wanted to -- like Kenny Ortega said, they wanted to show you what the show was going
to be like. You'll see how he was at rehearsal. Not bad. He was older than me. Sometimes Mr. Jackson's

microphone was turned on, sometimes it's turned off, you'll see. In that clip you just saw, you can see that
sometimes he's singing and sometimes he's just dancing to the background track. You'll see that throughout.
Let's take one more look at another short clip, also from June 23rd, where you can see Mr. Jackson singing live.
Same shirt.
(a video recording was played.)
Mr. Putnam. Mr. Panish tries to make it seem like a big deal that Mr. Jackson couldn't sing fast-paced numbers
and dance at the same time. Mr. Payne told you he never did that in all of his prior tours, and you can see that
from the movies plaintiffs have shown you. What is important here is the testimony and that there's no
difference in how Mr. Jackson looks here, or how he acts, and that's what matters. That's what's important here.
Because how Mr. Jackson looks in the movie is how he looked to people at rehearsal on those nights. That's
what they saw. So, again, this is Mr. Jackson just days after he was ill on June 19. We asked Mr. Ortega about
that, he said it was a miracle, Mr. Jackson had had a metamorphosis, he was fired up, he was in charge.
Remember Stacy walker? She was so excited from that rehearsal she called her mom, told her to go by a ticket
to come see opening night, it was going to be amazing.
That rehearsal. The change was so great that Mr. Ortega testified that he started to doubt his own memory of
what had happened on June 19th. And remember, Mr. Ortega is not the only one who says this. Even Karen
Faye says that Mr. Jackson was not like he was on June 19th on any other day of rehearsals. The same for Alif
Sankey, the same for Travis Payne. June 19 was an anomaly. There was no day like it before or after.
Remember, by the way, Mr. Ortega testified that by June 23rd, he wasn't worried about Dr. Murray anymore,
not at all. And remember he also testified that he never told anyone at AEG live that he had ever had any worry
about Dr. Murray.
The court: Mr. Putnam, five minutes before we take our break.
Mr. Putnam. Yes, your honor. You scared me. Listen again at how Mr. Jackson looked on the 23rd. Do we
have time for this clip? No. Okay. I'm going to skip on so I don't run out of time. It wasn't a one-time thing, he
did it again the next night, and did it again and again. 12 hours after this performance, Mr. Jackson was dead.
Pam?
(a video recording was played.)
Mr. Putnam. I guess that's the end. All right. We'll take a break in a moment; but I want to say 12 hours later,
Mr. Jackson would be dead.
The court: okay. See you in 15 minutes.
(23-minute recess taken.)
The court: Katherine Jackson versus AEG live, bc445597. You may continue
Mr. Putnam: thank you, your honor. So we're on the fourth question, notice. And no one could have known
what was going on here. I showed you the 23rd, showed you the 24th. Who could have known otherwise? And
remember what plaintiffs have to prove here. They have to prove to you that AEG live should have known that
Dr. Murray was unfit and incompetent, and that his unfitness or incompetence created a particular risk to others;
specifically, Mr. Jackson. Nobody could have known that from the facts plaintiffs have presented here; weight
loss, flu symptoms, debt, a request for a big paycheck from the king of pop, illness for one evening. None of
these are facts that would make a reasonable concert promoter second guess an artist's choice of who his
personal doctor should be. Certainly none of them put AEG live on notice that Dr. Murray was unfit or
incompetent, and that it was dangerous for him to treat Mr. Jackson.

Remember, he had been treating Mr. Jackson for three years. If you reach this question, members of the jury,
please use your common sense. Hindsight is 20/20, but think about what a reasonable person would have
thought at the time. Remember, no one in 2009 thought Dr. Murray was harming Mr. Jackson. No one. Dr.
Murray and Mr. Jackson fooled everyone. They want you to blame AEG live for failing to see something that
no one else saw. They want to blame them for something they didn't see. That's not how the law works, and
that's certainly not a search for the truth. Now, going to the verdict form, we're now at causation, question 5.
Now, again, that's only if you get that far. And plaintiffs have, again, to prove this. They have to prove
causation, was AEG live's conduct with regard to Dr. Murray a substantial factor in causing Mr. Jackson's
death? There was an instruction on this.
This substantial factor language is important. As the judge instructed you, quote, conduct is not a substantial
factor in causing harm if the same harm would have occurred without that conduct. Plaintiffs want you to
believe that Mr. Jackson wouldn't have gotten Propofol absent AEG live's interactions with Dr. Murray. In fact,
Mr. Panish told you in his opening statement and again yesterday that every doctor other than Dr. Murray said
no. That's what he said. That's not the case. Mr. Jackson had abused this drug since the '90's. You saw for
decades that he would seek out Propofol for even the most mundane procedures, like Botox.
Going for Botox, he'd get Propofol, the thing people get for major surgery. And he used it in Germany to sleep
on the "history" tour. We know that. Twice that Debbie Rowe knows of, but lots more -- lots more than that
according to what Mr. Jackson -- what he himself told Dr. Van valin, his words. Mr. Jackson chose to ask for
Propofol many times after that. Now, it's important to remember that no one has said Mr. Jackson was addicted
to Propofol. No one has said that. He liked it, he pursued it, he got it, but there's no evidence that he was
physically or mentally unable to stop using it if he chose to do so. But he didn't. He never chose to stop. It goes
back to what Karen Faye said. Mr. Jackson wasn't the sort of man who took no for an answer. He wanted the
doctors he wanted, and he wanted the drugs he wanted.
There's another thing. He was very good at getting what he wanted. He had been an opioid addict for a long
time. We now know that. He had become very good at manipulating doctors. He used those same skills for
another drug, Propofol. Mr. Jackson is responsible for his health, he's responsible for his healthcare, he is
responsible for his choices. He was a grown man. Mr. Jackson's healthcare was not AEG live's job; and it
certainly wasn't Kenny Ortegas job, no matter what they claimed yesterday. Remember Mr. Ortega's actual
testimony? "adults are responsible for their own health. I didn't think Michael Jackson was being very
responsible, but it was his responsibility." that's what Kenny Ortega said, and you can't say Kenny Ortega didn't
love and care for Michael Jackson. What you have to remember here is that Michael Jackson chose Dr. Murray,
and Michael Jackson chose Propofol.
Now let's talk about Mr. Jackson's history with Propofol a little bit, or what we were able to learn from the
limited records we could get. And what we were able to learn is that it's an unquestionably long history and it
started years before "this is it." you heard from Debbie Rowe that Mr. Jackson received Propofol for sleep in
1997 at the hotel in Germany.
Dr. Metzger lined everything up and had doctors come to Mr. Jackson's hotel room to give him Propofol for
sleep. And Mr. Jackson chose this drug. That was Mr. Jackson's choice. How do we know? Ms. Rowe said
Propofol was Dr. Metzger's second choice in Germany. It's not what he wanted to do. It wasn't his first choice, it
was Mr. Jackson who wanted it. Adults are responsible for the choices they make. Debbie Rowe warned Mr.
Jackson that Propofol was dangerous. Remember, she asked Mr. Jackson, "what happens if you die?" and even
-- and even the doctors in Germany told Mr. Jackson, quote, you can't do this. We're not doing this again. Now,
plaintiffs don't want to admit that fact. You heard Mr. Panish tell you that the first time Mr. Jackson received
Propofol outside of the hospital setting was from Dr. Murray in 2009.

That's what he said. That's not true. It was more than ten years earlier. Mr. Jackson was using Propofol for sleep
more than ten years before "this is it." he chose it, he alone is responsible for that choice. And it wasn't just on
tours. They're trying to say it was a tour issue. That's not true. Remember in 1998 or '99, under care from the
doctor when there was no tour, we know that, nothing going on, Mr. Jackson asked Dr. Christine Quinn, a
dental anesthesiologist, his dental anesthesiologist, if she would give him Propofol for sleep.
He had his son prince with him, you remember, there at the hotel. Prince was two years old. You heard her
story. Mr. Jackson asked Dr. Quinn's sister, whom he'd never met before, to watch his young son while he went
into another room with Dr. Quinn; and then he asked Dr. Quinn for Propofol for sleep. '98, '99, no tour. He
knew Propofol by name. He told Dr. Quinn it was the best rest he'd ever had. This was the late '90's. But she
told him no. Dr. Quinn said no, it's not real sleep. That's what she said. It doesn't solve the problem of being
tired. And she told him it's not proper to use Propofol outside a medical setting, it's not safe.
And Mr. Jackson told Dr. Quinn that he knew he wasn't getting real sleep from Propofol. That's what he said.
He knew he wasn't getting real sleep. This is in the late '90's. He understood this. He admitted he knew it wasn't
real sleep, but he wanted it anyway. He chose it. And this was not 98 or '99, this was not 2009. Now, plaintiffs
don't want to admit that, either. That's why you heard Mr. Panish tell you in his opening statement that Michael
thought he was getting real sleep from Propofol.
That's what they said in the opening. But that's not true. Dr. Quinn told otherwise, and he knew it. In 2002 or
2003, Mr. Jackson asked Dr. Van Valin for the same thing. Mr. Jackson wasn't touring in this time period,
either; and when he asked Dr. Van Valin for that, Michael Jackson had a box full of bottles of Propofol in his
bedroom, and he showed them to Dr. Van Valin. Do you remember that? He asked Dr. Van Valin -- he pulled
out a box of Propofol. Mr. Jackson had them. Dr. Van Valin didn't bring them. Mr. Jackson told Dr. Van Valin
he had used Propofol to sleep on many, many occasions all those years between shows on tours. Now let me
remind you exactly what he said.
(a video recording was played.)
Mr. Putnam. Dr. Van Valin. He didn't even know what Propofol was when Mr. Jackson asked him to give it to
him. He was a doctor, and he didn't know what it was, but Mr. Jackson did. And Dr. Van Valin testified he had
never heard of anything or anyone doing this before, and he was a family doctor. He had to call an
anesthesiologist to find out what Propofol was. He hadn't heard of it. And when he asked, he found out just how
dangerous it was. That's why Dr. Van Valin refused to give it to his good friend, Mr. Jackson, just like Dr.
Quinn did.
And just like Dr. Quinn, Dr. Van Valin warned Mr. Jackson. He said Propofol is dangerous, it should never be
used outside an operating room, it should never be used without an anesthesiologist present who specializes in
it. That's what he told him. He told Mr. Jackson without proper monitoring a patient can stop breathing and die
of Propofol. And remember, this is 2003, 2002, in that period. This is not 2009. Mr. Jackson isn't going on tour,
not in that period; but he still wants his Propofol. He's got a box of it at home. Michael Jackson was told over
and over and over again that Propofol was dangerous, it wasn't real sleep, it could kill him, but he -- but he
wouldn't take no for an answer.
If one doctor said no, he'd just go to another. And he was good at shopping for doctors who would give him
what he wanted and who would say yes. Did a warning that he could die stop Mr. Jackson? No. He kept asking,
and more doctors told him Propofol was dangerous. In 2009, Dr. Metzger warned Mr. Jackson that giving sleep
medication through an I.V. is dangerous and potentially life-threatening. And you know what? He was right.
Two months later, Mr. Jackson would be dead. And that didn't stop Mr. Jackson because the very next day, the
very next day -- that's April 18. April 19, the very next day, he asked Cherilyn Lee for the same drug, the very
next day.

He had just been warned that it was life-threatening by his doctor and friend of 30 years. You heard Dr. Lee's
emotional testimony. She said no, too, just like Dr. Quinn, Dr. Van Valin and Dr. Metzger. But she went
further. Like Dr. Van Valin, Dr. Lee also didn't know what Propofol was. And when she found out, she was
startled. And she told Mr. Jackson that Propofol was not a sleep -- sorry -- a safe sleeping aid, that it is not
supposed to be used at home, and anybody that would administer it to him for sleep, they didn't care about him.
Finally, Dr. Lee told Mr. Jackson that using Propofol could kill him, the bottom line was death. That's what she
told him; and tragically, she, too, was right. Remember, she argued with him for hours; but she couldn't
convince him not to use Propofol. He wouldn't take no for an answer. Mr. Jackson was warned by at least five
people of how dangerous Propofol was, at least five we could find. Mr. Jackson heard these warnings, he
understood them, and he ignored them, and he continued to seek out Propofol like he had done for more than a
decade. Seeing this evidence, it is ludicrous for plaintiffs to now argue that Mr. Jackson only took Propofol
because he had a misplaced trust in doctors, or that he was suddenly overwhelmed by the "this is it" tour
preparations.
He heard the warnings, he understood the warnings, he chose to ignore the warnings. When doctors refused to
give Mr. Jackson what he wanted, he doctor shopped and he cut uncooperative doctors out of his life
permanently. This slide contains every medical professional we can prove treated Mr. Jackson, the ones we
could find, the ones we could get information from. Remember Mr. Fournier, the nurse anesthesist (phonetic) --
I'm going to screw it up again, Kathryn.
Ms. Cahan: anesthetist.
Mr. Putnam. -- Nurse anesthetist who had taken care of Mr. Jackson for ten years? Do you remember when he
came in? Mr. Fournier refused to administer Propofol one time, refused one time to Mr. Jackson because he
thought he was on other drugs. Propofol. And remember the prior time Mr. Fournier saw -- sorry. Remember,
the prior time Mr. Fournier saw Mr. Jackson; he'd stopped breathing during a procedure the prior time. So this
time, Mr. Fournier was justifiably concerned. But Mr. Jackson denied it, said he wasn't taking anything else;
and after that, Mr. Fournier never heard from Mr. Jackson again. Remember Dr. Stephen Gordon? He testified
that Mr. Jackson asked him for 300 milligrams of Demerol for the road after a procedure. Dr. Gordon refused.
He didn't hear again from Mr. Jackson for four years. How about Cherilyn lee? Dr. Lee had been at his home for
dozens of times in the prior four months, and she said no to Propofol. That was the last time she stepped foot in
Mr. Jackson's house. Mr. Jackson also manipulated the doctors he did see into giving him what he wanted by
not telling one doctor what another one was giving him. Remember the incident with Dr. Van Valin when he
gave Mr. Jackson a shot of Demerol and then noticed that bloody shot on his shirt from another -- from another
shot? Dr. Van Valin knew it was a shot from another doctor and that Mr. Jackson was doubling the dose. Dr.
Van Valin warned him that this could kill him. Remember the incident with Dr. Saunders when Mr. Jackson
had to go to the emergency room?
Dr. Saunders gave him a shot of Demerol and Mr. Jackson had what seemed to be a bad reaction, and then
revealed that another doctor had given him one earlier. The only reason Mr. Jackson was able to get these
dangerous double doses is because he lied to his doctors. He didn't tell them what he was getting from one or
the other. Your doctor can't treat you properly if you aren't honest with them. You heard about Mr. Jackson's
secrets from Dr. Metzger, his longtime friend and doctor, and Dr. Saunders, also his friend, from Dr. Van Valin,
also his friend.
Dr. Metzger, who treated him for decades, never even discussed with Mr. Jackson he had went to rehab. Do you
remember that? I asked him, "Did you discuss rehab with him?" "No." "How did you learn about it?" "Saw it in
the new York times." "Did you talk to him about it afterwards, the next decades when you were his doctor?"
"No." Mr. Jackson was smart. He had decades of experience getting the doctors he wanted and getting the drugs
he wanted from those doctors. Adults are responsible for their own choices.

Michael Jackson was going to get Propofol no matter what because he chose to seek it out, because he wouldn't
take no for an answer, because he wouldn't listen to the warnings. AEG live had nothing to do with that. They
had nothing to do with Michael Jacksons choice to take Propofol. How do we know that? Well, let's look at all
the things that happened before Michael Jackson even mentioned Dr. Murray to AEG live. And he told them --
and he told them that he was taking his doctor on tour. We know that Dr. Murray moved to California to treat
Mr. Jackson before AEG live had ever even heard of him. By January 25th, 2009, Dr. Murray was prescribing
medicine for Mr. Jackson's children for colds here in California.
And we know Mr. Jackson told Dr. Murray he was going on tour with him by March at the latest. It may have
been earlier, but we know it was by march. How? Because in late march, Dr. Murray and Mr. Jackson met with
the anesthesiologist, Dr. Adams, in Las Vegas to interview him about coming on tour with them and using I.V.'s
to, quote, help Mr. Jackson get his rest, unquote. Dr. Murray was already coming on tour at this point regardless
of AEG live, and he and Mr. Jackson were already planning for Mr. Jackson to get I.V. Propofol to sleep, all
before AEG live had ever heard of Dr. Murray.
Now we get to some really important dates. April 6th, 2009. Dr. Murray ordered Propofol and had it shipped to
Los Angeles. Again, this is still before anyone at AEG live had ever heard the name Dr. Conrad Murray. So we
know that before AEG live ever heard of him, Dr. Murray had moved to California, had been asked by Mr.
Jackson to go on tour, had accepted, was interviewing doctors to help him give Mr. Jackson Propofol, and had
already ordered Propofol. And plaintiffs are saying AEG live caused this? No. This was already happening, and
it was happening regardless of what AEG live would later do. Now, what happened when AEG live finally
heard the name Dr. Murray? It happened at some point, the second half of April.
We know it was after April 13, 14 or 15 because Paul Gongaware said it was after the dancers had their tryouts.
Mr. Jackson told Paul Gongaware he was bringing his personal physician, Dr. Murray, on tour. Told him that.
And he asked Mr. Gongaware to call Dr. Murray to see what he would charge. So Mr. Gongaware called Dr.
Murray and he asked him. Dr. Murray said $5 million. And Paul Gongaware said, "no way." boom, done. Over.
It's not happening. So what does Dr. Murray do? Did he back off of what he was doing because he thought AEG
live wouldn't be advancing him the money now if he ended up going on that tour? No. He ordered more
Propofol. On April 28, 2009, Dr. Murray made a second order of Propofol and had it shipped to Los Angeles.
At this point, Dr. Murray certainly didn't know he had a contract with AEG live. There's no way he could have.
He'd just been told no way. But he still ordered the Propofol for a second time because it was what his client,
his client, Michael Jackson, wanted.
Mr. Panish wants you to believe that despite Dr. Murray ordering Propofol twice in April, that Dr. Murray never
administered it, that he didn't give it to him. Again, the evidence doesn't support that. Why would Dr. Murray
need to order more Propofol if he hadn't used what he already ordered? And don't forget Kai chase, who saw
Dr. Murray at Mr. Jackson's house multiple times a week in the very beginning of April, just after she started
work, carrying those oxygen tanks down the kitchen stairs. That was her testimony, she saw that early April.
Now, Mr. Panish told you yesterday that Ms. Chase said that there were no oxygen a tanks in April, only in
June. That's not true. The only so-called evidence that Mr. Panish has that Dr. Murray was not giving Mr.
Jackson Propofol in April is that Mr. Jackson asked another two people for Propofol in the same time period.
Remember that was the argument? Dr. Murray couldn't have been doing it because he then talked to Dr.
Metzger and went to talk to Dr. Lee. On April 18th, he asked Dr. Metzger for I.V. sleep medication. That's true.
On April 19th, he asked Cherilyn lee for Propofol.
We don't know why because Mr. Jackson didn't tell AEG live about Dr. Metzger or Dr. Lee ever. You've heard
that Dr. Murray wanted an assistant, backup nurse or a doctor, to take to London with him. Maybe these were
interviews for that backup person, just like Dr. Adams, who they talked to. Maybe Mr. Jackson wanted someone
to give him Propofol on Dr. Murray's days off. It seems plausible. After all, if you recall, we know he saw Dr.
Metzger on April 18th, that's a Saturday, and Dr. Lee on April 19th, that was a Sunday. And we also know that

Dr. Murray didn't work Sundays. So maybe he was looking for someone to give him Propofol on the days when
Dr. Murray wasn't there. Whatever the reason, this is not evidence that Dr. Murray wasn't administering
Propofol. Why else would he be there all night with oxygen and reordering a second shipment of Propofol in
Los Angeles in April? You know why.
And Dr. Murray continued to order Propofol for Mr. Jackson on May 12th and again on June 10th. Now, you're
going to be asked to consider all of these facts and decide would this have happened without AEG live's
conduct with Dr. Murray? Well, let's look at AEG live's conduct with Dr. Murray. If AEG live had refused to
advance Dr. Murray his salary when Mr. Jackson asked them to, would this still have happened? Yes. Before
AEG live ever heard of Dr. Murray, Dr. Murray had already moved to California. Mr. Jackson had already
asked Dr. Murray to go on tour. Dr. Murray had already accepted, Dr. Murray had already ordered Propofol, he
had already started administering it to Mr. Jackson. Dr. Murray made all four of the Propofol orders he ever
made for Mr. Jackson before June 20th, before that meeting that we talked about that happened the day after the
19th, before that telephone call.
And at least three, and likely all four, were before the early June meeting, as well. All you have to do is look at
a calendar to see there is no connection whatsoever between Dr. Murray ordering Propofol and any action by
AEG live. Plaintiffs tried to argue that Dr. Murray did what he did because of a conflict of interest, because Dr.
Murray felt pressure from AEG live to return Mr. Jackson to play before he was ready. It's a very clever theory,
but the evidence just doesn't support it. Plaintiffs claim Dr. Murray was influenced by a cancelation provision in
the draft written contract. Remember, they kept saying there's a cancelation provision, that's why there's a
conflict.
He had never even seen that contract before June 16th. That's the first time he saw that draft. He'd been ordering
the Propofol forever at that point, after he'd already ordered the four shipments. All the Propofol that he ever
ordered happened before that. It wasn't a result of the conflict. Dr. Murray didn't do this because of AEG live or
some pressure he felt from AEG live. He did it because it was what his client, Mr. Jackson, wanted. Even
plaintiffs' own expert, Dr. Matheson -- he admitted that there was no connection between a conflict of interest
and Dr. Murray's decision to order Propofol for Mr. Jackson.
Remember, it wasn't AEG live's job to manage Dr. Murray's potential conflicts, conflicts that arise all the time
in medicine. Dr. Green told you that the American medical association and every other professional
organization places that responsibility squarely on the physicians. Conflicts exist all the time, it's the doctor's
job to manage them. Plaintiffs want you to believe that there's some connection with AEG live, and there's not.
Plaintiffs argue AEG live should never have agreed to advance the money to Dr. Murray should he have ever
gone on tour, that AEG live never should have agreed to draft a contract with Dr. Murray in the first place, that
AEG live should have refused to advance the money for Mr. Jackson's personal physician. But there was no
conflict of interest here. The only interest that AEG live had was in Mr. Jackson being healthy and able to
perform on tour. That's their interest.
And the arrangement that was going to exist here wasn't some secret third-party agreement where Mr. Jackson
wouldn't know who was paying his doctor. That would be a problem. Mr. Jackson asked AEG live to pay his
doctor on his behalf. Mr. Jackson set the salary; and Dr. Murray knew that, as well. When Paul Gongaware
called him, he told him the offer of 150,000 a month was, quote, direct from the artist, end quote. Even Dr.
Matheson admitted that Mr. Jackson, as an adult, had the ability to consent to an arrangement where AEG live
paid his doctor. That's their expert. And those contract terms that Dr. Matheson was so concerned about, Mr.
Jackson had to approve those, as well. Remember, there would be no agreement between AEG live and Dr.
Murray unless Mr. Jackson approved the arrangement, including all of the contract terms in writing. There was
no secret dangerous conflict. And let's pause for a moment and think about what Mr. Panish says AEG live
should have done.

He says they should have just given Mr. Jackson the money to pay Dr. Murray instead. But even if Mr. Jackson
paid Dr. Murray out of money AEG live gave him, it wouldn't have made any difference. Mr. Jackson still
would have asked for Propofol. Dr. Murray still would have -- would have given it to him, and Mr. Jackson still
would have died. The sad truth is that Mr. Jackson was bound and determined to get Propofol, an invisible drug
with impossible-to-see consequences, and nothing would have stopped him. Adults are responsible for the
choices they make. So if you get to this question, if you get to question 5 on the form asking whether AEG
live's conduct in hiring, retaining or supervising Dr. Murray was a substantial factor in Mr. Jackson's death, I
think the only answer can be no. Now, when you go through all that, you say yes on all of those, that gets you to
damages.
I now will say a few words to you about damages. There's no reason you should get to this question, I believe,
given the evidence in this case. To get to this point, you'll have to decide that AEG live hired Dr. Murray, that
Dr. Murray was incompetent to be Mr. Jackson's primary care doctor, that AEG live knew or should have
known what Dr. Murray was actually doing, and that AEG live's interactions with Dr. Murray caused Mr.
Jackson's death. You have to say yes to all of them. That's a lot of ifs. But we have to talk about the amount of
money plaintiffs are requesting in this case because it's ridiculous. $1.5 billion. 1.2 is economic, 340 million is
non-economic.
The judge instructed you you cannot award damages based on speculation. You get to this and you need to do
damages, it can't be on speculation, it can't be guesswork. It's not how it works. And that's all plaintiffs' 1.5
billion in damages are, speculation and guesswork. Think about it for a moment. As I said in the beginning,
plaintiffs' entire case is that Mr. Jackson was so obviously dying of a terrible drug addiction that it was obvious
to everyone. He's saying AEG live should have known Dr. Murray was going to kill Mr. Jackson, it was
obvious.
But then they turn around and say Mr. Jackson would have done hundreds of more concerts, well into his 60's,
and he would have made billions of dollars. They can't have it both ways. That, ladies and gentlemen of the
jury, is the definition of speculation. Which is it? He was so sick it was obvious, or he was so well he would
have earned more money than he ever had in his lifetime? How can plaintiffs claim it's not guesswork that Mr.
Jackson would have made 1.2 billion? Well, you remember Mr. Erk, right? Their expert? He was their damages
expert. Normally it's his job to determine whether some show or movie made enough in royalties? He'd never
done anything like the calculations he did in this court before. Mr. Erk says Mr. Jackson was going to perform
260 shows on the "this is it" tour, more than any he had done on any tour in his entire life, even in his 20's, and
210 more shows than anyone had agreed to do at the time of Mr. Jackson's passing.
And Mr. Erk says he was going to go on to do something neither Mr. Jackson nor any other performer has ever
done in history, five world tours performing a total of 455 shows from the age of 50 to 66, even though Mr.
Jackson performed only a fraction of that during his entire solo career from his 20's through the age of 50. Even
though he told everybody that "this is it" would be the last tour that he ever did. The judge instructed you you
don't have to believe an expert's testimony. You have to consider the facts the expert relied on. Plaintiffs never
showed Mr. Erk any of the evidence showing that Mr. Jackson had a secret drug -- drug problem for decades
before his death. Not just Propofol, but also Demerol.
They never showed him that. We asked him. To Mr. Erk, those were just media reports. Remember that's what
he said? Those are media reports. He wasn't looking at that. Is that a search for truth? No. Plaintiffs never told
him about Mr. Jackson's drug abuse because they wanted him to come up with the highest number possible, and
they did. $1.2 billion. Now, I'm not saying that Mr. Jackson would have never made another penny. That's what
they tried to say yesterday. We've never said that. Mr. Briggs didn't say that. But what he said, and what we're
saying here, is that what they've shown you is speculative. They had to prove to you something, and they didn't.
The only thing agreed to at Mr. Jackson's deaths was 50 shows. That's true. And that was going to be true if and
only if those went well. There might be more, but that's speculative. We don't know because of Mr. Jackson's

history of failed projects, which you saw, because of his drug use and this game of Russian roulette he was
playing. When you consider the billions of dollars that plaintiffs are asking for, remember this chart.
Can you say, without speculating, without guessing, that the "this is it" tour was going to gross more than twice
as much as the highest grossing tour of all time? Can you say, without speculating, that Mr. Jackson would have
netted more for any tour for any artist in history when his prior tours had both lost money?
That's speculation. Plaintiffs want you to ignore all that. They're asking for billions of dollars on the hope that
Mr. Jackson might be able to pull off something no one had ever done before. That is the definition of
speculation. Now, if you decide to award any economic damages here, and I certainly don't believe that you
should, you have to base it on reality, on what Katherine Jackson and Mr. Jackson's children actually lost. What
would Mr. Jackson have given them? It's not what he would have earned, it would be what would they have
received. Economic damages must be based on the amount of support Mr. Jackson would have actually given
the plaintiffs. The judge told you that on Monday.
And the only witness who came up here and told you about a number was our expert, defendants' expert,
William Ackerman. Remember him? He's the one who reviewed the hundreds of thousands of pages of Mr.
Jackson's prior financial documents that Mr. Erk didn't bother to go through. That's why our experts are so
expensive, they actually do the work. He found Mr. Jackson was broke. More than broke. He was in a huge
hole, and that is a fact. In fact, Mr. Jackson was on the verge of bankruptcy. By the time he died, he was
spending $20 million more per year than he earned. So Mr. Jackson borrowed money, a lot of money.
When he passed in 2009, he was well over $400 million in debt, and that is undisputed. Had Mr. Jackson lived,
it's difficult to see how he was going to get himself out of that hole, and it had to be daunting. And that's even if
he went on tour. Even if he successfully completed the 50 shows in London. That's why Mr. Ackerman testified
that he wasn't sure whether Mr. Jackson would be able to give plaintiffs anything he had left. That's why he said
that. It wasn't that Mr. Jackson wouldn't earn anything. He had a $400 million debt to take care of. Remember,
he had to service that debt, he had to service that mammoth debt before he was going to be able to give his
family anything.
And remember that's what you're trying to determine, what Mr. Jackson would have given plaintiffs had he
lived. But Mr. Ackerman did try to measure what that support might be if he could. He based his numbers on
what Mr. Jackson had actually been giving his mother and children before he died. And even then, as he told
you, he was extremely generous. When in doubt, he went high. Now, Mr. Panish told you yesterday that that
figure was 59 million. He said that a couple of times. That was just made up. He made it up. Mr. Ackerman
actually determined that if Mr. Jackson lived for one more year, there would have been $1.6 million. If he lived
seven, there would have been 15 million. 16, 21.5 million.
And that was the total for all four plaintiffs. 21.5 million. A lot of money by any standard, 21.5 million. More
money than most people will ever see in their lives, but that's nowhere close to 1.5 billion. Plaintiffs want you to
believe that Mr. Jackson was going to change his stripes. The man who blew through 150 million in less than
three years in the '90's was suddenly going to become prudent with his money. You have to look at the
evidence. In June 2009 Mr. Jackson was living in a mansion that cost $100,000 a month while his mother's
home was going into foreclosure.
He had nearly half a billion dollars in debt and was still borrowing more whenever he could. There's simply no
reason to believe that he was going to change. That's damages. Now, if you find all those, find damages and
everything else, well, then you get to our defense, and that's that Michael Jackson was a substantial factor in his
own death. That's after you've shown everything else. Okay?
And with both questions on the verdict form, if you answer no, then you're done, you stop, the case is over. But
if you keep answering yes, eventually you'll be asked to decide whether Mr. Jackson was negligent; and if so,

was that negligence a substantial factor in his death. And here, the answer must be yes. And that's because the
judge instructed you that, quote, a patient must use reasonable care to provide for his or her own wellbeing.
To succeed, AEG live must prove both of the following: that Michael Jackson did not use reasonable care to
provide for his own wellbeing, and that Michael Jacksons failure to use reasonable care in connection with his
medical care was a substantial factor in causing his harm.
So the judge instructed you that if Mr. Jackson didn't use reasonable care to provide for his own wellbeing, he's
responsible for his own death. Even plaintiffs admit this is true. Even they admit that Mr. Jackson is at least
partly to blame here. I've already spoken to you about how Mr. Jackson sought out Propofol from doctors for
years. Now let's take a step back, however, and look at this more generally. Who was responsible for Mr.
Jackson's health? Was Mr. Jackson responsible?
His doctor? Certainly not his concert promoter. An adult chooses his own doctor. That's what Dr. Matheson
said, plaintiffs' expert. He agreed with Dr. Green. Mr. Ortega, Mr. Gongaware, they said the same thing, an
adult is responsible for his own health. AEG live had no right to override Mr. Jackson's choice. AEG live could
not make Mr. Jackson go to a doctor he didn't want to see. Here Mr. Jackson chose Dr. Murray. He was
responsible for that choice. Remember Mr. Ortega? Mr. Ortega testified he believed Mr. Jackson's health was
Mr. Jackson's own responsibility, even when he wasn't being very responsible. Even Katherine Jackson,
Mr. Jackson's mother, admitted his drug problem was his responsibility. When she thought he had a problem,
she confronted Mr. Jackson about it, not his concert promoter, not his doctors. She confronted Mr. Jackson. He
had the power to stop his abuse. And then, in addition, Mrs. Jackson made sure no one knew about Mr.
Jackson's issues. Remember that whole "people" magazine thing? Mr. Jackson didn't want the truth to come out
about his problem, so Mrs. Jackson didn't want the truth to come out about her son's problem, so they signed
that thing saying these are all lies about him and drug abuse? He wanted to keep the secret from the world. She
wanted to keep the secret from the world.
He wrote it, she signed it. Now, plaintiffs have tried to present Mr. Jackson as powerless, like he's a child, the
boy we all remember from the Jackson 5, or some of us. But that's not who he was. He was a grown man, and
he made his own choices. I'm not going to rehash everything we've been through today. I'm sure you're glad.
But you know that Mr. Jackson chose Dr. Murray, you know he chose Propofol. You know that was Mr.
Jackson's choice. And this is not about blame, it's about responsibility. Mr. Jackson was a 50-year-old man. He
had many, many chances to put himself and his life on a different path.
He didn't take them. Mr. Jackson knew the consequences of abusing Propofol. If you make it this far on the
verdict form, then you have to decide that AEG live was to blame -- then you've decided that AEG live was to
blame for Mr. Jackson's death. And if you decided that, then you have to decide how much responsibility Mr.
Jackson may have had. And that percentage I believe should be very, very high. Mr. Jackson, like all adults, is
100 percent responsible for the choices he makes. Mr. Jackson (sic) told you yesterday that you should assign
Dr. Murray's share of the blame to AEG live, but you should only do that if you believe AEG live was 100
percent to blame for Dr. Murray's actions. If you believe Mr. Jackson selected Dr. Murray, and he did, if you
believe he asked for Propofol, and he did, if you believe he paid Dr. Murray, and he did, then you should assign
responsibility for Dr. Murray to Mr. Jackson. Members of the jury, it's been a long five months. Probably no
one knows better than y'all.
You've been incredibly patient and incredibly attentive. You have heard a lot of evidence here. A lot. I want to
remind you of a few key points about the questions you're now going to have to answer, that form that you're
going to fill out. The only way to find for plaintiffs here is if you find they have proved all of the elements of
their claim. That's their burden. Not just hiring, not just unfitness, not just notice, not just causation, not just
damages. All of them. And they simply haven't done that. Now, this is the last time I get to talk to you. You're
going to hear from Mr. Panish one more time after I finish because plaintiffs, they have the burden of proof, so

you're going to hear from him tomorrow. But I'm not going to be able to come up here afterwards when they're
done and tell you if there are any facts that aren't quite right. I'm not going to be able to object and say, no, no,
no, that's not true.
So you need to be really vigilant tomorrow, listen to what he says and see if it lines up with the testimony and
evidence that you've been -- that you've seen and heard during this trial. And I say this because I remember all
the important things he got wrong yesterday. I bring this up to you because remember he said, "don't worry. I'm
sure they'll correct me if I'm wrong"? Remember he said that a bunch of times during trial, "don't worry. If I'm
wrong, they'll correct me"? I can't do that tomorrow. You've got to. We beg you to do so because just yesterday
he said the following: that AEG live was paying Dr. Murray. Never happened.
AEG live was bringing Dr. Murray on. Didn't happen. When Dr. Murray started working in California, they
said may. It was January. Dr. Murray not having oxygen tanks in April. He did. Mr. Panish's own witness said
so. No doctors giving Mr. Jackson Propofol for sleep before Dr. Murray. They did. Mr. Erk getting numbers
from AEG live. He didn't. Mr. Ackerman's damages figure, he was wrong by 40 million. Those are just the big
ones. I'm not going through them all. But you've got to. So please listen attentively and see what is proven,
what's put in context, what he said, and what aligns with what you actually know because you've been here for
five months. Look closely tomorrow.
If it doesn't sound right, it sounds incomplete, please check it because it very well might be wrong, and I'm
trusting you to get it right. So let's talk one more time about what plaintiffs have to prove. Plaintiffs have to
prove that AEG live -- sorry -- that AEG live hired Dr. Murray. You've seen the evidence, and that shows it
never happened. Michael Jackson hired him a long time ago, and he was never hired by AEG live. He didn't
prove this. That's their burden. Plaintiffs have to prove that Dr. Murray was unfit or incompetent for the job he
was hired to do. That's the standard, for the job he was hired to do. If it was AEG live who hired him, it wasn't
to give Michael Jackson Propofol. Dr. Murray wasn't unfit or incompetent to treat Michael Jacksons general
medical needs.
Plaintiffs haven't proven this element, either. Plaintiffs have to prove that AEG live knew or should have known
that Dr. Murray was unfit or incompetent for the job he was hired to do. There's no evidence of this. They can't
do it because whatever was going on with Mr. Jackson, it wasn't notice that his doctor was a bad doctor. That's
what it would have to be. Remember, those closest to Mr. Jackson -- and that wasn't AEG live. Those closest to
Mr. Jackson, his makeup artist, his chef, his son, people who were in the house, even they didn't suspect Dr.
Murray. But AEG live was supposed to? Plaintiffs have to prove that AEG live's conduct with regard to Dr.
Murray caused Mr. Jackson's death.
And they certainly can't do that because Mr. Jackson was using Propofol long before Dr. Murray, and Dr.
Murray was giving Propofol long before AEG live was around. Remember those Propofol orders. Remember
that timeline over and over again, and all before Dr. Murray saw a draft of his contract, before he ever met with
Mr. Phillips or Mr. Gongaware, before even that first call. Lastly, they've got to prove damages. You can't
speculate, they've got to prove it. Did they prove damages to you? No, they haven't. Mr. Jackson selected this
doctor, and Mr. Jackson demanded this doctor. Mr. Jackson asked for the drug that killed him. Mr. Jackson hid
his problem from anyone that could help; his family, his staff, and most of all, his concert promoters.
Members of the jury, what happened to Mr. Jackson was a tragedy. I'm not trying to say anything that says that's
not so, because it was, and it's understandable that plaintiffs want to blame somebody. I get it. But it was not
AEG live's fault. All they were trying to do was put on a concert. You can't hold a concert promoter at fault for
Mr. Jackson's choices. It was Mr. Jackson's secrets and his choices that has brought all this here. You've been
asked to do something very, very serious. You've been asked to decide if AEG live killed Michael Jackson.
That's what you've been asked.
Mr. Panish. I'm going to object. That's not the question that the jury is answering.

The court: sustained.

Mr. Panish. Admonish counsel for the improper argument.
The court: sustained.
Mr. Putnam. they had a role in the death of Michael Jackson. Please look at the evidence, the actual evidence.
Think about the last five months. Think about all you've heard, think about all you saw. When you do, it is my
very sincere hope, my belief, that you won't blame AEG live for Michael Jacksons death. Thank you.
The court: thank you. Ladies and gentlemen, tomorrow, I need you back here at 9:45, but I need you to speak
to the deputy before you leave because you're going to report to this room instead of department 28, and they're
going to get you here. So before you leave, speak to them. They're going to speak to you as a group, so don't
leave before you speak to them.
Okay? All right. So 9:45. Counsel, we need to meet at 9:30. I think this room will be available, so I'm going to
ask that we meet here. I'm not 100 percent sure if this room will be available at 9:30. If not, I will send the clerk
up here to send you to department 28. But as far as I know, this room will be available at 9:30 tomorrow. So I
need to speak to you just 15 minutes before we start. Okay? All right. Thank you. Everybody have a good
evening.
(Proceedings adjourned to Thursday, September 26, 2013, at 9:30 a.m.)