Read the judge's order yourself
http://www.scribd.com/doc/112609931/order-on-aeg-s-motion-for-sanctions
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To answer the question judge had two main issues
1. Conflicting expert reports : AEG's expert said that the documents can only come from Katherine's side by comparing trash marks (copier marks on the documents). Katherine's experts said the document quality was too low to make a determination and that AEG's expert ignored some of the marks.
2. Failure to show willful breach: Even though Mann could have been the source, AEG failed to show a willful breach - in other words they
couldn't demonstrate KJ's lawyer saying to Mann "here take this and leak it". Judge thinks it's possible some other scenario might have happened - for example think about the "secret criminal" theory. For example imagine KJ's lawyers took her a binder of documents to examine and Mann takes stuff from those with no one knowing. So that's not a willful breach.
In other words it was too circumstantial for the judge.
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Judge granted Katherine's lawyer's request and said that Tohme needs to sit down for his deposition by January 11.
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Taunya Zilkie deposition by AEG will continue on January 10, 2013. She agreed to answer questions she previously didn't answer including questions about her relationship with Randy Jackson as well as business dealings between Michael and Randy.
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January 2013
It's a deposition subpoena so yeah they want Murray to sit down and answer their questions
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It looks like Katherine's lawyers have sent a document production request to the LA Coroner. They are asking for x-rays (listed on pg 10 of autopsy report) and pathology slides (listed at pg 9 of autopsy report).
LA Coroner has filed objections for several reasons
- Estate who happens to be the legal representative of Michael was not given notice.
- Estate had previously (at Lloyds lawsuit) had asserted right of privacy.
- Pathology slides are considered to be remains of a decedent and it will either require consent from the legal representative (Estate) or a court order.
- X-Rays are photographs / negatives of decedent's body and they are considered to be confidential and privileged by law and cannot be copied.
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applicable law cited by coroner - California Code of Civil Procedure Section 129
Notwithstanding any other provision of law, no copy, reproduction, or facsimile of any kind shall be made of any photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the coroner, except for use in a criminal action or proceeding in this state that relates to the death of that person, or except as a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days
before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
This section shall not apply to the making of such a copy, reproduction, or facsimile for use in the field of forensic pathology, for use in medical or scientific education or research, or for use by any law enforcement agency in this or any other state or the United States.
This section shall apply to any such copy, reproduction, or facsimile, and to any such photograph, negative, or print, heretofore or hereafter made.
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Media Report
Michael Jackson’s Mom’s Gets Court Favor
Posted Wednesday, February 06, 2013-4:07 pm
LOS ANGELES (CNS) – Attorneys representing Michael Jackson’s mother in her lawsuit against the promoters of the concert tour he was preparing for at the time of his 2009 death have obtained a court order directing the coroner’s office to provide copies of slides and X-rays regarding the late singer.
Los Angeles Superior Court Judge Yvette Palazuelos issued the order Tuesday during an unscheduled hearing, finding that there was good cause to grant the request. Katherine Jackson, 82, and her late son’s three children allege AEG Live negligently hired Dr. Conrad Murray to care for him. The singer was set to perform 50 shows in London for AEG Live, but died on June 25, 2009, of acute propofol intoxication in Los Angeles while rehearsing for the concert series.
The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and grandchildren Michael Jr., Paris-Michael Katherine and Prince Michael.
The Jackson family matriarch’s attorney, Kevin Boyle, stated in his court papers that the items obtained will be helpful in preparing for trial in his clients’ case against AEG Live.
“These materials are undoubtedly relevant to this wrongful death case,” Boyle wrote. “The X-rays and slides will assist counsel and retained experts in presenting trial testimony and performing analyses relating to liability and causation.”
The analyses are necessary because AEG Live disagrees that negligence by Murray, Jackson’s personal physician, caused the pop star’s death and refuses to acknowledge that that the singer himself had no fault for bringing about his own death, according to Boyle’s court papers. wtf????????
“Accordingly, these X-rays and slides may be used by (plaintiffs’) attorneys and shown to expert witnesses in their preparation of this case,” Boyle wrote.
Murray was convicted of involuntary manslaughter in Jackson’s death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail
http://sanmarinotribune.com/2013/02/...t-court-order/