Katherine Jackson: Jury in AEG trial had flawed instructions

The late Michael Jackson's mother Katherine Jackson (C) arrives at the courthouse in Los Angeles on November 29, 2011 for the sentencing of Doctor Conrad Murray. Michael Jackson's family insisted they were not out "to seek revenge," as prosecutors sought a maximum four year jail term for the star's doctor over the singer's 2009 death. Murray was found guilty of involuntary manslaughter for administering to Jackson an overdose of the powerful clinic anesthetic, propofol, in a bid to help him sleep, admitting he had given the drug to the star for up to two months before his death. AFP PHOTO / Frederic J. BROWN (Photo credit should read FREDERIC J. BROWN/AFP/Getty Images)

FREDERIC J. BROWN/AFP/Getty Images

Michael Jackson’s mother Katherine Jackson (center) is seeking a new wrongful death trial because the verdict form and instructions the jury received were flawed, her lawyers say.

Katherine Jackson wants a do-over of her failed wrongful death trial because the verdict form and instructions given to the jury were totally off the wall, new documents obtained by the Daily News reveal.

Lawyers for the King of Pop’s 83-year-old mom signaled their intent to seek a new trial on Dec. 2, but the new paperwork made available Monday outlines the grounds of their argument.

They claim the jury never got a chance to tackle the heart of the case because their questionnaire “forced” them to focus too heavily on Dr. Conrad Murray‘s history and actions at the time of his hiring as Michael’s personal physician.

PHOTOS: MICHAEL JACKSON’S LIFE IN PHOTOS

The jury never got a chance to debate Murray’s actions around the time of Michael’s June 2009 overdose death, they claim.

“The jury patiently sat through 86 days of trial, heard testimony from 57 witnesses and saw portions of over 800 exhibits, the bulk of which concerned the issue of whether defendant AEG Live LLC created an improper ethical conflict of interest between Dr. Conrad Murray and Michal Jackson that caused the desperate physician to make poor and rash decisions that ultimately led to the death of the patient entrusted to his care,” the Dec. 12 filing written by Katherine’s lawyers at the law firm Panish Shea and Boyle states.

Lawyers for the King of Pop's mom say the jury was never able to debate Dr. Conrad Murray's actions around the time of Michael Jackson's June 2009 overdose death.  

CARL DE SOUZA/AFP/Getty Images

Lawyers for the King of Pop’s mom say the jury was never able to debate Dr. Conrad Murray’s actions around the time of Michael Jackson’s June 2009 overdose death.  

After six months of trial and lengthy closing arguments in a Los Angeles courthouse, the jury retired to deliberate on Sept. 27.

RELATED: KATHERINE JACKSON GIVES ‘NOTICE OF INTENT’ FOR NEW AEG TRIAL

“And then, suddenly and unexpectedly, it was over. The deliberations abruptly stopped before discussion on the most critical issues even began,” the new filing says.

The first two questions of the jury verdict form “forced the jurors to focus solely on negligent hiring and whether Dr. Murray was unfit and incompetent at the time of hiring — even if they believed that he became unfit and incompetent because of the conflict at a later time,” the filing argues.

“Both the verdict form and the modified (jury instructions) given to the jury were erroneous and misstated California law,” Katherine’s lawyers claim.

RELATED: JACKO’S MOM LOOKING AT APPEAL AFTER LAWSUIT LOSS

The jury in the wrongful death trial was 'forced' to focus too heavily on the history and actions of Dr. Conrad Murray (right) at the time of his hiring as Michael Jackson's physician, lawyers say.

DAVID MCNEW/AFP/Getty Images

The jury in the wrongful death trial was ‘forced’ to focus too heavily on the history and actions of Dr. Conrad Murray (right) at the time of his hiring as Michael Jackson’s physician, lawyers say.

“Without even being given the opportunity to deliberate on the negligent supervision and negligent retention claims, the jurors had no choice but to reach an unjust verdict on Oct. 2, 2013,” they argue.

Katherine sued concert promoter AEG Live in 2010, claiming the giant behind Michael’s doomed “This Is It” comeback concert series set up a dangerous conflict of interest and failed to properly supervise Murray despite obvious red flags.

AEG denied any wrongdoing, arguing that Michael personally hired his doctor and kept his use of the surgery-strength anesthetic propofol a closely guarded secret.

RELATED: MICHAEL JACKSON’S MOTHER ‘DISAPPOINTED’ BY AEG LIVE’S NOT-LIABLE VERDICT

“(Asking for a) new trial is the first step before appeal,” Katherine’s lawyer Brian Panish told The News two weeks ago.

The Dec. 2 notice came as lawyers for AEG Live filed their own papers demanding that Katherine’s side pay $ 1.2 million in costs since the jury ultimately rejected her request for upwards of $ 1 billion in damages.

“It is tragic that plaintiffs refuse to accept the jury’s verdict and move on from this baseless lawsuit,” AEG Live’s lawyer Marvin Putnam said in a statement to The News. “As the world knows, Michael Jackson provided handsomely for his children and his mother in his will. Clearly this lawsuit was not originally brought — nor is it now being done — to meet their needs. It is time to let these children move on from this tragedy so they can properly recover from the loss of their father.”

ndillon@nydailynews.com


Daily News – Gossip

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>