Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
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Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
CNN NEWSROOM
Aired April 3, 2013 - 11:00 ET
EXCERPT:
BANFIELD: Well, I want to bring in an attorney who knows Michael Jackson extremely well. Tom Mesereau successfully defended Michael in his child molestation trial back in 2005.
Mr. Mesereau, it's good to have you here. You were extraordinarily close to Michael Jackson and there's so much that's expected to come out about his behavior in this case when it all comes down to that effective essential question, who did that doctor work for?
Based on Conrad Murray's answers that you just heard, do you have an indication? Do you think you know the answer?
TOM MESEREAU, CRIMINAL DEFENSE ATTORNEY: Well, I know the answer but it's not just based on anything that Dr. Murray says because he has no credibility whatsoever.
The fact of the matter is AEG, the concert promoter, had their lawyers draft an agreement, their lawyers sent that agreement to Dr. Murray and Dr. Murray signed it.
In law, the -- whether or not there's an agreement is very much affected by who drafts the document. They sent that document to him. That's the document they wanted him to sign.
The document said that they were going to employ him, they were going to pay him and had other terms and conditions.
They also sent e-mails to each other confirming that they had employed Dr. Murray.
I think to try to wiggle out now and say that actually Michael Jackson employed him is going to backfire.
BANFIELD: But they didn't sign it. AEG ultimately may have drafted it, sent it, talked about it, asked about it, pushed it, but didn't end up signing it.
Is there not a lot of value to that ultimate signature?
MESEREAU: No, there isn't because in law you can have an oral agreement or a written agreement and that oral agreement can be confirmed by various writings and documents that concern whether or not there was an understanding.
The fact that they had agreed to pay him, the fact that they sent him an agreement to sign with all of the conditions they wanted, the fact that he signed it at their request, they are not going to be able to get out of the idea that, well, we didn't technically sign it, so we didn't employ him. It's not going to work.
There's a lot of law to support the fact that all of these conditions, all of these documents, all of these e-mails show they were his employer.
BANFIELD: So I want to go right off the reservation here. It was something that I was trying to figure out whether there was a legal merit to this argument and that is this.
If they employed him -- let's just say for the sake of argument AEG employed him. They are not a hospital, so they're not the same in terms of extending a malpractice suit to the doctor right on to the hospital.
They are an employer and can you not make the argument that as an employer they did everything they could to ensure the safety and the health of Michael Jackson by hiring him a doctor.
And he didn't have any bad background. It's not like they went and hired a quack.
MESEREAU: Well, but they did not investigate him as they originally claimed they had.
My understanding is AEG said they thoroughly investigated him in an e- mail and now in sworn depositions have agreed they did not investigate him.
Furthermore, Murray requested, and I'm told that AEG agreed, to provide resuscitation agreement, to provide a gurney, to provide syringes, to provide saline and to provide a nurse assistant and in the end did not provide any of those items.
If that's true, I think they're on the hook and I think they're in trouble.
BANFIELD: Tom Mesereau, it's good to see you again. Thanks for taking the time to speak with us today. Appreciate it.
MESEREAU: Thanks for having me. Appreciate it.
Source: [You must be registered and logged in to see this link.]
Aired April 3, 2013 - 11:00 ET
EXCERPT:
BANFIELD: Well, I want to bring in an attorney who knows Michael Jackson extremely well. Tom Mesereau successfully defended Michael in his child molestation trial back in 2005.
Mr. Mesereau, it's good to have you here. You were extraordinarily close to Michael Jackson and there's so much that's expected to come out about his behavior in this case when it all comes down to that effective essential question, who did that doctor work for?
Based on Conrad Murray's answers that you just heard, do you have an indication? Do you think you know the answer?
TOM MESEREAU, CRIMINAL DEFENSE ATTORNEY: Well, I know the answer but it's not just based on anything that Dr. Murray says because he has no credibility whatsoever.
The fact of the matter is AEG, the concert promoter, had their lawyers draft an agreement, their lawyers sent that agreement to Dr. Murray and Dr. Murray signed it.
In law, the -- whether or not there's an agreement is very much affected by who drafts the document. They sent that document to him. That's the document they wanted him to sign.
The document said that they were going to employ him, they were going to pay him and had other terms and conditions.
They also sent e-mails to each other confirming that they had employed Dr. Murray.
I think to try to wiggle out now and say that actually Michael Jackson employed him is going to backfire.
BANFIELD: But they didn't sign it. AEG ultimately may have drafted it, sent it, talked about it, asked about it, pushed it, but didn't end up signing it.
Is there not a lot of value to that ultimate signature?
MESEREAU: No, there isn't because in law you can have an oral agreement or a written agreement and that oral agreement can be confirmed by various writings and documents that concern whether or not there was an understanding.
The fact that they had agreed to pay him, the fact that they sent him an agreement to sign with all of the conditions they wanted, the fact that he signed it at their request, they are not going to be able to get out of the idea that, well, we didn't technically sign it, so we didn't employ him. It's not going to work.
There's a lot of law to support the fact that all of these conditions, all of these documents, all of these e-mails show they were his employer.
BANFIELD: So I want to go right off the reservation here. It was something that I was trying to figure out whether there was a legal merit to this argument and that is this.
If they employed him -- let's just say for the sake of argument AEG employed him. They are not a hospital, so they're not the same in terms of extending a malpractice suit to the doctor right on to the hospital.
They are an employer and can you not make the argument that as an employer they did everything they could to ensure the safety and the health of Michael Jackson by hiring him a doctor.
And he didn't have any bad background. It's not like they went and hired a quack.
MESEREAU: Well, but they did not investigate him as they originally claimed they had.
My understanding is AEG said they thoroughly investigated him in an e- mail and now in sworn depositions have agreed they did not investigate him.
Furthermore, Murray requested, and I'm told that AEG agreed, to provide resuscitation agreement, to provide a gurney, to provide syringes, to provide saline and to provide a nurse assistant and in the end did not provide any of those items.
If that's true, I think they're on the hook and I think they're in trouble.
BANFIELD: Tom Mesereau, it's good to see you again. Thanks for taking the time to speak with us today. Appreciate it.
MESEREAU: Thanks for having me. Appreciate it.
Source: [You must be registered and logged in to see this link.]
MJ Mod- Posts : 1486
Join date : 2012-07-22
Age : 35
Re: Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
Re agreement to provide resus equipment, gurney, saline, nurse assistant, etc., I thought this was to be done when the tour actually started in London. If Murray were asking for this stuff in Los Angeles, I think that should send up a red flag. Actually, for anyone performing at MIchael's level to need that type equipment sort of boggles the mind.
I also thought AEG didn't want Murray as he wasn't licensed in England. They wanted to get an MD once the tour arrived, but haven't heard much about that.
I also thought AEG didn't want Murray as he wasn't licensed in England. They wanted to get an MD once the tour arrived, but haven't heard much about that.
juneyny- Posts : 10
Join date : 2013-03-04
Re: Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
Planning to send the letter to TM later this week regarding asking him to participate in a Q&A here after he testifies.
Admin- Admin
- Posts : 6072
Join date : 2012-07-22
Location : USA
Re: Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
Wow, that's great, I hope he agrees to participate in a Q&A. Thanks very much!
juneyny- Posts : 10
Join date : 2013-03-04
Re: Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
Hey that's cool Admin!
midangerous- Posts : 3098
Join date : 2012-07-23
Age : 34
Location : United States
Re: Transcripts From The Thomas Mesereau And Ashley Banfield CNN Newsroom Interview 4/3/2013
@juneyny, that's a very good point you made.
midangerous- Posts : 3098
Join date : 2012-07-23
Age : 34
Location : United States
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