Jackson family waives right for restitution

18/01/2012 00:00

Prosecutors will not seek restitution against Murray after conferring with Joe and Katherine Jackson, AP reported.

A rep for the Los Angeles District Attorney's Office says prosecutors were informed that the Jackson family is giving up on restitution, so the D.A. withdrew the request. As a result, the restitution hearing scheduled for Monday has been called off.

"We informed Judge Pastor that the Jackson family is not seeking restitution and asked that the matter be taken off the calendar" and there are no further hearings scheduled on the matter, Los Angeles District Attorney's Office spokeswoman Jane Robison told E! News Wednesday.

The request for payments from Conrad Murray was withdrawn Wednesday during a brief court hearing, just days before a judge was scheduled to consider how much he should pay out.

Deputy District Attorney David Walgren told the judge handling the case that he was withdrawing the restitution request after speaking with Jackson's mother, Katherine, and attorney for his father, Joseph. Walgren also consulted with an attorney for the Estate of Michael Jackson and a court-appointed attorney representing the interests of Jackson's three children, Margaret Lodise, transcript of the proceedings shows.

Murray remains in jail after being convicted in November of involuntary manslaughter. He was sentenced to serve four years in jail, but his incarceration will be cut in half due to overcrowding and California's budget crunch.

Jackson's Estate estimated Jackson would have earned at least $102 million if he had performed his This Is It concerts planned for London's O2 arena. Murray might have also been found liable for Jackson's funeral expenses, which totaled more than $1.8 million. In view of the restitution hearing, Murray's attorneys said he had nowhere near the money to pay either amount, and he filed paperwork last month indicating he is indigent.

Superior Court Judge Michael Pastor ruled that the family was waiving its right to restitution permanently, although two separate cases pending in a Los Angeles civil court seek damages and despite no responsibility emerged by AEG Live. Katherine and Joe Jackson are suing concert giant AEG Live, alleging negligence by the entertainment promoter, and Joe is suing Murray for wrongful death in the case.

A phone message left for Murray's attorney, J. Michael Flanagan, was not immediately returned. However, later he said to be glad the restitution was solved. He indicated during Wednesday's hearing that he intends to seek again bail for Murray while he appeals his conviction, according to the transcript, but was told to put the request in writing.

The fate Joseph Jackson's civil case remains unclear. A California bar court in Los Angeles recommended Friday that the Jackson family patriarch's attorney, Brian Oxman, be barred from practicing law because of conduct on other, unrelated cases. Oxman filed Joseph Jackson's lawsuit in federal court on the one-year anniversary of the singer's death, but a judge later ruled it should be heard in state court. Oxman is the only attorney who has been listed on the case so far and has been a vocal antagonist against Murray and AEG Live.

Reached by phone, Oxman declined to comment on the recommendation, which still must be approved by the California Supreme Court.

The disciplinary court found that Oxman and his wife, who is also his law partner, mixed clients' and personal funds in an effort to evade creditors and sanctions imposed against Oxman. He had been disciplined previously, which the court cited among its reasons for seeking the revocation of his law license.

MJFS - AP - TMZ - E! Online