Musgrove

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. A tragic death In August 2015, 28-year-old Carmel Musgrove (Musgrove) traveled to the Four Seasons Resort on a private island in Bora Bora, French Polynesia. She was one of 14 or 15 people—largely family and friends—whom Hollywood producer Joel Silver (Silver) had invited to accompany him in attending actress Jennifer Aniston’s wedding celebration. Musgrove stayed in her own overwater bungalow at the resort. Along with Silver’s other guests, she went fishing, played volleyball, and went to the spa. She also attended the group lunches and dinners Silver hosted, where she would regularly drink wine. Silver covered all of the group’s expenses on the trip, including alcohol. On the evening of August 18, 2015, the group ate dinner indoors because the wind was howling and the water, choppy. Musgrove had wine with dinner, but did not become visibly intoxicated. Around 9 p.m., she went to the Silver’s family bungalow to watch a movie with his then young children. After agreeing via text message to meet up with 47-year-old Martin Herold (Herold), another member of Silver’s encourage, Musgrove told Silver’s family she was not feeling well…