Michael Jackson Doc Slams Joe's Wrongful Death Suit

Conrad Murray's camp files motion for dismissal, questions decision not to include plastic surgeon Andrew Klein as a defendant

By Natalie Finn Sep 15, 2010 10:15 PMTags
Conrad Murray, Joe JacksonAP Photo / Houston Chronicle; AP Photo / Nick Ut

Unsurprisingly, Dr. Conrad Murray would prefer not to be held responsible for Michael Jackson's death.

The beleaguered physician's attorney filed a motion to dismiss Joe Jackson's wrongful death lawsuit, calling it "at best a press-release that is intended to prejudice and inflame the jury pool and the public."

Murray is facing an involuntary manslaughter charge for administering the potent anesthetic that ultimately caused Jackson's death on June 25, 2009.

But the possible prejudicial nature of Joe's suit isn't the only reason Murray has for wanting it tossed.

According to the motion filed Wednesday in U.S. District Court in Los Angeles, the suit should be dismissed because Joe Jackson is not a legal beneficiary of his son's estate and Katherine Jackson, who is, "wants nothing to do with this case."

Indeed, the 81-year-old family patriarch was not named in the King of Pop's will, and he ended his bid for a monthly stipend from the estate earlier this year.

In response to Murray's accusations, Joe's attorney, Brian Oxman, said that the wrongful death suit reads just fine.

"It sets out facts," Oxman told the AP. "It doesn't set out anything other than the day-by-day, moment-by-moment description of what happened."

Speaking of those alleged facts, Murray's motion to dismiss also questions why Joe didn't name Jackson's longtime plastic surgeon, Dr. Andrew Klein, as a defendant, when his suit clearly states: "Dr. Klein may have been medicating Michael Jackson up until or even beyond June 18, 2009, less than one week before Michael Jackson's death."

"AEG Live, LLC read Michael Jackson the proverbial 'riot act' to get him to stop subjecting himself to overmedication by Dr. Arnold Klein," stated Joe's complaint, per Murray's motion.

"The plaintiff [Joe Jackson] does not explain why, given these allegations, Dr. Arnold Klein is not a required party to be added to accord proper relief," reads today's filing.

A hearing on Murray's motion has been set for Oct. 18.

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Refresh yourself on the particulars of the Michael Jackson drama right here.