MISTAKES IN JOE JACKSON's WRONGFUL DEATH LAWSUIT

“Joe Jackson is Michael’s father and dependent on Michael Jackson”

Joe is NOT a dependent on Michael, thus, has no standing to bring this lawsuit

“In 2006, in Las Vegas Nevada, Michael Jackson consulted with defendant Murray concerning the medical care of Jackson’s children who were suffering from colds and the flu. Defendant Murray SOLICITED Michael Jackson to take care of his individual health needs from 2006 through 2009”

Conrad Murray submitted to LAPD patient files for Michael dating back to Jan 2006. But Michael left USA on June 2005 and didn’t return until Dec 2006. Michael was in Bahrain in January 2006. So Murray must have known Michael before he left USA in 2005.

Not only Joe and Katherine failed to unite to combine their grievences in one lawsuit but also they impeach each other's lawsuits. Joe’s petition claim that Murray “solicited”
his services to Michael but Katherine’s petition claim that Murray was “selected & hired by AEG”

“May 3, 2009, Murray agreed with AEG to treat Michael”
“Conrad Murray provided medical care for Michael 2006-2009

Yet, later in the petition, May 8, 2009 is listed as the first time AEG talked to Murray.

“On May 8, 2009, Paul Gungaware and Frank Dileo had met in Gungaware’s office. Frank Dileo had previously telephoned Conrad Murray at Gungaware’s direction to inquire about Dr. Murray’s interest in being Michael Jackson’s doctor”

If Conrad Murray was Michael’s doctor already 2006-2009, why did Frank Dileo have to call to “inquire about Dr. Murray’s interest in being Michael Jackson’s doctor”?

“May 12, 2009, Murray bought first order of Propofol” 

No. April 6 is when Murray placed his first Propofol order. On April 28, Murray placed his second order (Lorazepam & Midazolam). May 12, 2009 was his THIRD order.

Brian Oxman is misconstruing facts to fit in his agenda to implicate AEG. Because think about it, if AEG got into the picture in May 2009, then on whose authority did Conrad Murray order Propofol in APRIL and was administering it to Michael? It implicates Michael which doesn't fit into Brian Oxman's fiction.

“June 25, 2009, Alberto Alvarez called 911. Alvarez didn’t state the location”

Yes, he did. The address was bleeped out of some youtube videos due to privacy
Alberto Alvarez DID state the location (@0:06 of below video)



“Michael is admitted to UCLA Emergency Room under name Soule Shaun”

Michael was admitted to UCLA under “Gershwin”, NOT Soule Shaun.

Richelle Cooper, UCLA ER Doctor testified about UCLA's pre-arranged registery packs.
When a critical condition patient is brought in, UCLA has registration packs which include paperwork they will need and labels (to attach tubes to mark blood samples and plastic cups to mark urine samples etc). This pre-package is used until the official registration can be made. This system enables doctors to immediately start treating critical patients upon arrival without waiting on registry. Different names are used to avoid labeling every patient “John Doe”. The names are computer generated. And “Gershwin” was the next available package for a critical male patient. The label that they used for Michael was “Gershwin”

It is safe to assume that Oxman was the one who leaked the news about "Soule Shaun".

“On June 26, 2009 police seized 11 Propofol bottles from Carolwood. They also seized drugs at Michael Jackson’s bedside, including Clonazepam, Benoquin, Flomax, Hydroquinone, Lidocaine, Temazepam, Tizanidine, Trazadone, Flumanezil, Ephedrine, Prednisone, Amoxicillin, Azrithomycin, BQ/KA/.RA, Lorazepam, Midazolam, Diazepam”

Police did NOT seize anything on June 26, 2009. They seized only 1 Propofol bottle on June 25th (20ml vial on the floor between the nightstand and trolley). They also seized
7 drugs at the bottom shelf of the nightstand (Flomax, Trazadone, Lorazepam, Clonazepam, Diazepam, Temazepam, Tizanidine)

Evidence from June 29 is marked 2^nd form 3A

The rest of the drugs listed in this petition, including 11 vials of Propofol, are seized on JUNE 29. They were NOT seized “at Michael’s bedside”, they were recovered from a closet, attached to the bedroom that Michael was found in. Murray hid them there.

Michael Jackson Autopsy was attached in Brian Oxman's petition and if he was paying attention, he might have had a shot at getting his basic facts correct in this petition.

“The rehearsal lasted until 12:30am on June 25, 2009”

No, the June 25, 2009 rehearsal ended around 1:30am

“We ran through the whole thing and finished at about 1:30 in the morning”

– Kyriss Grant, This Is It Dancer

“We were rehearsing until 1:30am at Staples. It was closer to 1:30 when he left”

~Karen Faye

“1:30am, Murray gave Michael 10mg of Valium”

This assumes Murray’s statement as fact. Michael left Staples Center at 1:30am. It takes 22 - 30 minutes to go from Staples to Michael's home. He couldn’t have been home at 1:30 for Murray to give him Valium.

“We waited for him to come out. Last time we saw him was at 1:30 on June 25^th”

~Samantha De Gosson, MJ follower

“Prince called security and Alberto Alvarez responded”

No, Michael Amir Williams called Alberto Alvarez and directed him to go to the bedroom

“Murray admitted to giving Michael only 25mg of Propofol was the toxicology results show lethal amount of Propofol, 5 times the amount Murray claims he administered”

The standard dose of Propofol is 2.5mg/kg. Michael weighed 62 pounds so the standard dose for him is 155mg of Propofol. This dose would produce toxicilogy levels of 1.3–6.8 ug/ml so Michael’s levels are within this range =NORMAL. The levels are inconsisted with the dose (25mg) that Murray claims to have given but they are NOT lethal levels.

There could be 2 factors that caused Michael's demise. One was because Propofol causes respiratory depression. Michael should have been given oxygen while under propofol, Murray didn't do this. Second, proper Propofol administration mandates the use of an infusion pump to regulate how much propofol flows into the patient. Murray didn't have an infusion pump, he was FREE DRIPPING Propofol into Michael.

“Randy Phillips, President of AEG and Paul Gonguware, Vice President of AEG complained on May 8, 2009 that Michael was missing rehearsals. They believed this was because Michael was under the influence of drugs prescribed by various doctors including Arnold Kline. They demanded that Michael cease seeing Kline and start seeing a new doctor, Conrad Murray”

Randy Phillips is NOT the president of AEG. It is Tim Leiweke. Randy Phillips is the president/CEO of AEG LIVE (a subsidiary of AEG). Paul Gongaware is not the vice president, he is the co-CEO of AEG Live. And it is NOT gUngaware, it is gOngaware.

Michael was NOT missing any rehearsal in May. Again, this is a colorful fiction Brian Oxman writes to fit his agenda to implicate AEG.  Michael missed 3 rehearsals: June 11, 12 and 16. He was sent home from rehearsals by Kenny Ortega on June 20.

“Gungaware explained that Jackson had a drug problem and AEG wanted Murray to wean Jackson off of the drugs”

The petition claims here that Michael already had a drug problem before AEG allegedly brought Murray into the picture and Murray was hired to HELP Michael get off drugs. Yet later, petition accuses Murray of administering deadly combination of drugs.

Email correspondences between AEG and Murray don't indicate anything about Michael’s alleged drug addiction or AEG hiring Murray to “wean Jackson of the drugs”. This is simply colorful fiction by Brian Oxman who, before Michael was even pronounced death and lying in UCLA, has been fixated on: that Michael is a drug addict! It is simply a STUPID allegation not supported by medical facts. It is bad enough that Brian Oxman publically states these STUPID claims, now, thanks to Joe's authorization, Oxman is empowered to make his STUPID claims on official court documents!!!!

Moreover, Oxman can’t even see the consequences of his claims! He is claiming AEG, and consequently Murray, were trying to help Michael get off drugs. If Michael was a drug addict, then why the Hell are you suing AEG or Murray, who were, according to your STUPID petition, were trying to help Michael??????

“On May 8, 2009, Murray accepted AEG’s offer and travelled to LA to start treating Michael as AEG directed”

By May 8, 2009 Michael was ALREADY seeing Murray who was commuting from Las Vegas to administer Propofol to Michael since April. So the supposition that AEG asked Murray to fly to LA and “START” treating Michael is simply false.

“June 18, 2009, Michael didn’t show up to rehearsals”

Yes, Michael DID show up to rehearsal on June 18, 2009

“June 18, 2009, Randy Phillips, Paul Gungaware, Frank Dileo and Kenny Ortega went to Michael’s home. Randy Phillips and Paul Gungaware said they went there for drug intervention” At AEG’s direction, Conrad Murray attended the meeting”

This meeting took place on June 20, 2009, NOT on the18^th. The agenda of the meeting was Michael’s lack of attendance to rehearsals and Kenny Ortega sending Michael home the prior day which Conrad Murray wasn’t happy about. This was NOT a “drug intervention” meeting. Again, Brian Oxman portraying Michael as such a drug addict that AEG had to "intervene". Let me accept your premises for argument's sake and assume that Michael was an addict and this was an drug intervention meeting. Then why would AEG turn around and ask Conrad Murray to drug Michael Jackson?

“Gungaware and Randy Phillips demanded that Michael stop seeing Arnold Kline, stating that the drugs Kline gave was making Michael sleepy. They said Michael should only take drugs given by Conrad Murray”

So AEG did NOT want Michael “sleepy”. Yet most drugs given by Murray were sedatives and caused sleepiness. This is indicative that AEG did NOT know of the type of drugs Murray was giving to Michael.

Michael DID see Arnold Kline after this meeting, on June 22, 2009. So either the petition is making up fiction about AEG asking Michael to stop seeing Arnold Kline or Michael had the willpower to defy AEG and if that's the case, why didn't Michael defy AEG not to see Conrad Murray?

“As per the contract only AEG could fire Murray. Michael had no right to fire Murray”

This is simply false. The contract draft states:

“This agreement will be terminated if the Artist, for any reason, does not want Conrad Murray’s services”

“Murray was not an independent contractor despite of the Agreement’s boilerplate language which attempted to recite he was independent”

“This relationship created by this agreement is that of independent contractors and nothing contained in this agreement shall be deemed or construed as creating any partnership, joint venture, employment relationship, agency or other relationship between the parties”

“AEG was to provide all the equipment, housing, transportation, insurance, directions and control of Murray’s services. AEG’s hiring and firing of assistants demonstrated an employee relationship, not an independent contractor status” 

AEG was to buy the travel insurance but Murray was to buy, at his own expense, an insurance that includes commercial general liability, business auto liability, workers compensation and medical malpractice. If AEG was Conrad Murray's employers, AEG would have provided the latter insurance.

Assistant was to be hired by Murray. There is no mention of AEG firing the assistant.

Yes AEG was to provide some medical equipments but AEG was merely advancing money to Michael. Anything AEG were to pay in regards to Conrad Murray were to be deducted from Michael Jackson's earnings from the This Is It Tour.

“The undersigned hereby confirms that he has requested Producer to engage Dr. Murray on the terms set forth herein on behalf of and at the expense of the undersigned: MICHAEL JACKSON”

This contract is only useful to observe the type of relationship that was intended between AEG & Conrad Murray but ultimately it is null and void because it wasn't fully executed- AEG & Michael didn't sign. But absence of a legal contract alone doesn't preclude an employee-employer relationship.

In determining the dynamic between AEG & Conrad Murray, it is important to examine whether AEG directed and controlled Conrad Murray, not only as to the result desired, but also as to the details, manner and means by which the results were accomplished. AEG didn’t control how Murray performed his service, which days he is to work, how many hours he worked, what hours he worked, the frequency of his breaks, the type of equipment he needed. These were all decided by Conrad Murray and Michael Jackson.

Another factor to be considered is the term and duration of the relationship between AEG and Conrad Murray. The relationship of an independent contractor contemplates the completion of an agreed service within a stipulated period of time. On the other hand, an employment relationship contemplates a continuous rendering of services for an indefinite time. Conrad Murray was retained for a certain period.

“The agreement stated in Paragraph 4: ‘Dr. Murray shall perform the services reasonably requested by producer’ Michael Jackson had no right under the Agreement to request services from Murray. Only AEG directed and controlled what Murray did”

“This agreement is approved ONLY if the Artist approves it. Otherwise, none of the parties owe any obligation to one another”

“Murray attended the rehearsal that day [June 18, 2009]"

“June 19, Murray also attended”

Miko Brando said that Conrad Murray never attended rehearsals (@8:05 in below video)

Larry King: Do you know Dr. Murray?

Miko Brando: Heard of him, I've never met him. He was never at the Forum when
we had rehearsals, nor was he at Staples Center" 

"After the rehearsal [June 18, 2009], Murray gave Michael Valium”

Valium was prescribed on June 20, 2009, no valium on June 18

"9 drugs were found in his body (Propofol, Lidocaine, Diazepam, Nordiazepam, Lorazepam, Midazolam, Ephedrine, Flumanezil and Flomax"

Coroner’s office testified that they no way of detecting Flumanezil. No Flomax was found in Michael’s body. So, only 7 drugs were found in Michael’s body.

"Murray had told Dr. Richelle Cooper that Michael had not been ill and that he had no history of drug use. Murray had clearly lied. Beside Michael’s addiction, he was also suffering from anemia, chronic pneumonia, chronic bronchitis and brain swelling”

“Beside Michael’s addiction” = Brian Oxman NONSENSE!

Michael didn’t have “anemia, chronic pneumonia, chronic bronchitis”. Autopsy report stated that Michael had "interstitial pneumonitis". Pneumonitis is different from pneumonia which is an acute lung condition. "Mild diffuse brain swelling" was caused by lack of oxygen and as noted it was "mild"

“No rehearsal over the weekend due to Father’s day. Murray continued to treat Michael on the weekend”

Conrad Murray did NOT treat Michael over the weekend. On Sunday, Michael called Cherilyn Lee because one side of his body was hot, one side was cold. On Monday, Michael went to see Arnold Kline.

“The contract set May 1 as the commence date. As per the contract only AEG could fire Murray. Michael had no right to fire Murray"

“This agreement will be terminated if the Artist, for any reason, does not want Conrad Murray’s services”

“The presence or absence of Michael Jackson assent, approval or disapproval wasn't required"

“This agreement is approved ONLY if the Artist approves it. Otherwise, none of the parties owe any obligation to one another”

“Had AEG fulfilled the duty to provide CPR machine and a nurse, Michael Jackson would not have died”

"This agreement is approved ONLY if the Artist approves it. Otherwise, none of the parties owe any obligation to one another"

AEG didn’t have any obligations to provide Murray any medical equipment or assistant.

CPR machine wouldn’t have saved Michael’s life

CPR machine shocks the heart in an attempt to restart it. Propofol stops breathing and a machine was needed to breathe for Michael. What Murray needed was to intubate Michael and provide oxygen. The oxygen tank at the scene was empty and there was NO supply of oxygen. Even If AEG provided Conrad Murray with a CPR machine, it wouldn’t have saved Michael’s life.

AEG representatives aren't medical professionals. There is no evidence proving that AEG was aware of the drugs Conrad Murray was giving to Michael, namely Propofol. AEG doesn’t know what proper equipments Murray needed. Murray asked for “CPR machine, saline, catheters, needles and a gurney”. He didn’t request any monitoring and life saving equipments. He didn’t request AEG to hire an anesthesiologist.

It was ultimately Murray's decision to start and continue administering Propofol to Michael without the proper equipment and staff. His Hippocratic Oath mandates that he show the professional judgment to NOT to perform the services that he did (treat insomnia with Propofol and administer Propofol in home setting).

EVEN IF AEG PROVIDED CONRAD MURRAY WITH, NOT 1 BUT 2 OF EACH EQUPIMENT MURRAY REQUESTED….WHAT MURRAY DID WAS AGAINST THE MEDICAL LAW, AGAINST THE HYPOCCRATIC OATH. IT IS SUBSTANDARD AND IT IS UNACCEPTABLE!!!! 

The sole responsibility lies with Conrad Murray, NOT AEG.

Conrad Murray is the sole culprit, NOT AEG.

"Joseph Jackson has been injured in an amount not presently ascertained
but in an amount in excess of the $75,000 minimum for emotional suffering.
When Mr. Jackson is able to ascertain damages, he will amend the complaint"

BRIAN OXMAN IS TO LEGAL FIELD
AS CONRAD MURRAY IS TO MEDICAL FIELD

Murray’s legal team was more than happy to oblige that AEG is added to the wrongful death Lawsuit. Because if Brian Oxman alleges an agency relationship between Murray and AEG, it releases Conrad Murray from any wrongdoing.

AEG will prove that no such employment or agency relationship existed between AEG and Conrad Murray which will release AEG from any wrongdoing.

Not that I least bit care about civil lawsuits by either Joe or Katherine, but if Brian Oxman wants any chance at winning, he needs to put on his thinking cap. This petition is rife with factual mistakes. It impeaches itself. It interprets the law wrong.

More importantly, we are NOT least bit bemused that Brian Oxman has perpetuated this “addict” drivel for 2 years now, despite of the scientific evidence to the contrary! Brian Oxman libeling Michael Jackson for his agenda of implicating AEG so he can get paid! Get your facts straight before you write fiction in petitions!

Conrad Murray is to the medical field as Brian Oxman is to the legal field:

Personifications of sheer incompetence!




RELATED READS:
AEG & Conrad Murray Contract
Katherine Jackson AEG Lawsuit is a Catastrophe
Prosecutor's Guide to Conrad Murray Lies, Part 1
Prosecutor's Guide to Conrad Murray Lies, Part 2