TIMOTHY A. CLARY/AFP/Getty Images
During closing statements Tuesday in the trial over Michael Jackson's death, an attorney for the singer's heirs argued that AEG Live executives intentionally made a deal with his doctor to keep control of Jackson's comeback concert series that was supposed to happen in 2009.
Concert promoter AEG Live selfishly hijacked Michael Jackson's medical care with an off-the-wall doctor agreement that placed profits before the Kind of Pop's personal welfare, a lawyer for the singer's heirs told jurors Tuesday.
Brian Panish began his long-awaited closing argument in Katherine Jackson's five-month, megabucks wrongful death trial calling Michael the "greatest entertainer of all time" and a "real-life Peter Pan" who also had a well-documented history of drug abuse during times of "pain, anxiety and stress."
Panish said AEG executives knew about Michael's personal demons and intentionally entered into a highly unorthodox, $150,000-per-month third-party contract with Dr. Conrad Murray to keep control of his "This Is It" comeback concert series.
Murray is now serving four years for providing the singer with a lethal dose of surgery-strength anesthetic propofol in a reckless attempt to help him sleep.
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"For years to come, this case will be looked upon as a case of what happens with a doctor and a patient when someone else injects themselves into someone else's medical treatment for profit," Panish said.
He said "nothing prevented" AEG from simply advancing the $150,000 to Michael each month so he could pay the debt-ridden doctor directly.
"They didn't want that. They wanted control. Why else would they draft a written contract? What they should have [said] was, 'We're not doctors. You want to hire this doctor? We'll give you the money, you go pay him,'" Panish said.
Under the contract, Murray's payment was tied to the successful completion of the tour.
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"Michael never asked for a written contract. [AEG] wanted a written contract. They wanted to have the power to control Dr. Murray. And when they did that, they assumed responsibility," Panish said.
Panish tried to bolster his contention with emails sent by company executive Paul Gongaware in the months before Michael's June 25, 2009, death.
"Done at $150k per month, per MJ. [Murray] needs 10 days to wind down his practice, then he will be full time," read a May 2009 email Gongaware sent to Michael's assistant, referring to the doctor's employment.
"We want to remind [Murray] that it is AEG, not MJ who is paying his salary," Gongaware wrote in a follow-up June 14, 2009, email to a colleague.
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Michael Jackson's mom, eldest sister Rebbie, and nephews Taj and TJ Jackson sat front and center as Katherine's case was summed up for jurors who listened intently and often took notes.
A crowd of about 150 lawyers, media members and curious spectators also filed into the new, larger courtroom for the culmination of the months-long case.
AEG Live is scheduled to give its four hours of final argument on Wednesday, followed by Katherine's rebuttal Thursday.
At stake are millions — possibly billions — of dollars that Katherine and the superstar's three kids say they believe AEG should pay for its alleged negligence.
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Michael's eldest son, Prince, 16, testified in the case as did Katherine, 83, and Michael's ex-wife Debbie Rowe.
The pop icon's daughter Paris, 15, appeared in deposition testimony after a suicide attempt in June.
Prince did not attend Tuesday because it would be "too traumatic for a kid," a source close to Katherine told the Daily News.
The judge told the case's 12 jurors on Monday that only nine had to reach agreement on whether AEG hired, retained or supervised Murray though a contract that was written, oral or created by conduct.
AEG has denied any wrongdoing in the case, arguing that the "Thriller" singer was a "grown man" who chose his own medical care and agreed to hire and pay Murray with money advanced by AEG.
If the jury ultimately finds AEG hired Murray either alone or in part, it then must decide whether the company should have known Murray presented a risk to Michael, the judge said.
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