K. Jackson-Klage gegen AEG- Der Prozess- Nur News -Keine Diskussion

[rip.michael]

Jacksons vs AEG - Day 50 – July 17 2013 – Summary

Outside the presence of the jurors, judge told everyone to follow the rules of the court and that things are getting out of hand. This comment was made in light of the heated exchange between the attorneys in the hallway yesterday while talking to the media and fans. Judge called attorneys for both sides into her chambers for a sidebar. Earlier today, the court sent email to all media members that interviews are to be conducted only in approved areas or outside the building. Yesterday, after session concluded, attorneys for both sides were in the hallway speaking to the media and got angry at each other. Jacksons' attorney Brian Panish and AEG's attorney Marvin Putnam shouted words to each other. Sheriffs were summoned to calm them down. (ABC7)

Before testimony began, the clerk outlined the rules for the courtroom and courthouse, saying no interviews should occur outside courtroom. Superior Court Judge Yvette Palazuelos also called the attorneys into chambers and met with them before testimony resumed. (AP)

When jurors took their seats, Judge Yvette Palazuelos told them they have a better estimate for end of trial to be in mid-September. Judge said attorneys are trying their best to expedite things, but with some days off and lots of witnesses estimate is stretched further. (ABC7) When the judge took the bench, the attorneys addressed the time estimate of the trial. The jury inquired about it yesterday. AEG Live defense attorney Marvin Putnam said he’s going to try to wrap up his case by the end of August, assuming plaintiff’s rest this weekPutnam said he’s weighing how much of a defense he needs to put up, and Palazuelos told him he needed to take as long as he needs. For the first half of September, there are only four days court is in session. Plaintiff’s lawyer Brian Panish noted that if the defense estimate is off by a few days, then that would put the end of their case in mid-September. Palazuelos told the jury she expected the case to end in mid-September, which is later than some jurors thought they’d be here. Palazuelos: “Even though we’re going over a little bit, I don’t think it’s unreasonable.” She told juror to convey any concerns to the court (AP)


CPA Arthur Erk Testimony


AEG cross


Sabrina Strong, for AEG, doing the questioning.

Strong continued to challenge Erk’s projections of Michael Jackson’s earnings. She focused on estimates for endorsement deals. (AP) Strong asked Erk about sponsorship/endorsement. He estimated MJ would get $317 million in the "This Is It" tour. Erk estimated clothing endorsement to be $50 million and $217 million based on a calculation of a Pepsi deal Beyonce had in 2012. Erk said MJ's clothing would become a fashion statement and that people would want to wear it. Thus the demand. Strong questioned whether Erk really thought MJ, at 50 years old, would be a fashion icon for young audience. He said yes. She then asked if the $50 million figure was speculation. Erk said no that he had reasonable belief shows would happen, clothes would sell. "Speculative is hope," Erk opined. Erk came up with $50 million for clothing endorsement based on earlier deal of $28 million plus inflation/financial adjustments to year 2009. Erk said he relied on news reports regarding Beyonce's Pepsi deal. He didn't actually see the deal himself. Beyonce's most recent gross was close to $120 million. The Pepsi deal was, reportedly, $50 million, which is almost 42% of the tour revenue. (ABC7) Strong challenged all of Erk’s figures this morning, starting out with his endorsement projections. Erk stated his figures were conservative. Erk projected that Jackson would get a $50 million clothing endorsement deal. Strong tried to get Erk to say that was pure speculation. Erk said it was his expectation that Jackson would get an endorsement deal based on his popularity in the 1980s, “This Is It” ticket sales. Strong also challenged Erk’s projection that Jackson would have gotten another endorsement deal worth $267 million. Erk based that figure on a calculation based off the reported $50 million value of a Beyonce/Pepsi endorsement deal. Beyonce’s reported deal _ Erk doesn’t know if the figures are right _ was the equivalent of 42% of her tour revenues. The accountant adjusted his figures for Jackson up based on his assumption that the singer would do a 260 show worldwide tour. Erk assumed that Jackson would get a “Pepsi-like” endorsement deal with several companies, but he’s not aware of any deals pending in 2009. Strong also pointed out that Erk’s numbers were gross figures, meaning that he calculated Jackson would receive the full $267 million. Using gross figures wouldn't account for any sharing of the deal’s profits with AEG Live or some other entity. (AP)

Strong: Do you know if anyone ever used your methodology to estimate endorsement deal?
Erk: No (ABC7)

Strong inquired Erk whether he knows any other artist who has endorsement being 40% of gross revenue. Erk said that most endorsement deals are private, Beyonce's was the only one that was made public through the media. Strong questioned whether Erk always trusted the media reports to be true. He said no, but no one disputed Beyonce's endorsement number. Strong asked if Erk knows for a fact that Beyonce's endorsement deal being 42% of gross revenue is true. "If the reported figures are correct, the 42% is correct," Erk said. "I answered before I didn't see the contract, my firm doesn't have Beyonce, I couldn 't confirm the deal." (ABC7)

Strong asked if Erk thought MJ's image was rehabilitated in June of 2009. "What I do know as fact is that the demand was there," Erk said. "The demand was there, I think that is unquestionable.". "I think AEG was more concerned with people in the US than worldwide," Erk said. (ABC7)

Strong: Was his image rehabilitated by June 2009?
Erk: It wasn't consideration on my part since it sold so many tickets in a short time (ABC7)

Strong: So my question was, do you think MJ's image was rehabilitated to get an endorsement deal?
Erk: If you need a yes or no answer, the answer is yes
Erk: By evidence of selling so many tickers, I have no other way to come to that conclusion, but based on the facts of tickets sold, yes
Strong: You are not aware of any endorsement or sponsorship deal for TII tour being in place when MJ died?
Erk: No (ABC7)

Strong asked if MJ's molestation accusations and trial affected his estimation in the endorsement deals. "The outstanding, unprecedented demand for tickets took care of that," Erk said. Going back to Beyonce, Strong asked if Beyonce ever had negative publicity. "As far as I know, no," Erk responded. (ABC7) In discussing the Beyonce deal, Strong brought up the child molestation trial and Beyonce’s squeaky clean image. The lawyer asked Erk whether he knew of any artist who got a sponsorship deal worth hundreds of millions of dollars who’d been involved in a high-profile criminal trial. Erk said that he did not know of any artist who’d received such a big deal after a trial. (AP) “(Beyonce) has never been a defendant in a criminal trial,” Strong suggested to the jury. “In fact, Beyoncehas never really suffered any negative publicity.” (NYDailyNews)

Strong also asked whether Erk’s merchandise estimates were overly-optimistic due to possible over-inflation of his ticket sales projections. Erk said he didn’t think he over-estimated the number of tickets that would be sold on a “This Is It” world tour. The accountant estimated that concert-goers would spend an average of $19 on MJ-merchandise at each concert. (AP)

After a break, Strong asked Erk about his reliance on an AEG Live budget for his projections. He used a budget prepared on June 24, 2009. The AEG budget estimated Jackson would receive between $22 million and $30.7 million from the London “This Is It” shows. It appeared AEG estimated Jackson would also receive another $8 million in merchandise sales. Erk estimated Jackson would earn $452 million for worldwide concerts, another $121 million in merch and $317m for endorsements. (AP) Strong asked Erk if he relied on AEG's own budget to come up with his estimations. He said yes. AEG's projection of what MJ would take home was a little over $20 million, according to the budget Strong showed. Net Income, amount of money AEG Live projected MJ would take home had he performed all 50 shows at the O2 arena: little over $22 million Alternative budget had projection of a little over $30 million, Strong showed. Strong said the range AEG Live was projecting MJ would take home for performing all 50 concerts at O2 arena was between $22 and $30 million. (ABC7)

AEG projected 750,000 tickets sold and didn't estimate revenue of merchandising. AEG did not project a single dollar in endorsement in this budget or any other budget that Erk saw.

Strong showed a side-by-side demonstrative of AEG's and Erk's projection.
Erk's projection:
Net revenue to MJ, 260 tour $460 million
Merchandising $121 million
Endorsements $317 million
Net number of $890.5 million (ABC7)

AEG's defense asserts that the $1.5 billion figure projected by certified public accountant Arthur Erk is inflated. Erk testified that Jackson would likely work beyond his contract deal for 50 shows at London's O2 Arena and instead perform 260 shows, taking the show around the globe and selling out at every venue. But that's not all. Defense attorney Sabrina Strong showed Erk's calculations for tours beyond that. That at age 56, Jackson would embark on four more world tours - a total of 455 shows - Jackson performing until he was 66 years old.(KABC)

Approximately 13 million tickets sold, 260 shows, merchandising and endorsement estimate. Erk said he relied on email exchanges from September 2008 that included records, movies and others, such as worldwide tour. "It shows they clearly intended to take him around the world," Erk said about the email on the plan, mentions a net to MJ of $132 million. Erk said AEG had no idea of the demand and when the shows were sold out in a matter of hours they knew they could take the show everywhere. (ABC7) The accountant said AEG prepared figures in 2008 showing that Jackson could earn $132 million for a worldwide tour. He said that was in a proposal to Colony Capital and was based on a tour of 186 concerts. This was before “TII” contract was signed. Erk said his projections were much higher than these figures because the success of “This Is It” ticket sales showed the demand for MJ shows (AP) The documents prepared by AEG Live LLC envisioned 186 shows, with Jackson earning $132 million for his performances — far less than the $835 million that an accountant who previously testified for the Jackson family had projected the singer would pocket from 260 shows around the globe. (AP)

Strong: Do you know any tour that ever grossed that much?
Erk: No. This would've been world record breaking tour (ABC7)

Strong: You testified in your depo you have no idea whether MJ would be successful at making movies, correct?
Erk: That's correct (ABC7)

Strong asked if Erk recalls Katherine Jackson saying MJ didn't want to do the Moonwalk after he was 50. He said yes.

Strong played Paris Jackson's deposition regarding future plans: Paris says her dad wanted to relax, didn't want to tour anymore. However, Paris also said it was a world tour. "How did you know that? Because he told us we were going around the world," Paris said. (ABC7)

How long did Michael Jackson plan to work? Paris Jackson yawns, and then offers two opinions in a video deposition shown to the jury by the defense.
"He still had a lot of music that he was still working on but he kind of needed to relax," she said.
"So did your dad ever tell you he wasn't going to tour anymore after the 02?" Paris was asked.
"Yeah," she replied.
But later she was asked, "How did you understand it was a world tour?"
"Because he told us," she replied.
"What did he tell you?"
"That we were going around the world on tour," she said. (KABC)

Also on Wednesday, the jury heard videotaped testimony from Paris Jackson.Paris, whose testimony was recorded during a deposition in March, said her father still had hits up his sleeve, but needed to take a break from touring. A lawyer for AEG had asked her about claims her famous dad planned to “retire” from the music business. “He still had a lot of music that he was still working on, but he kind of needed to relax,” Paris said as the jury watched the footage on a huge courtroom video screen.“Did he tell you he wasn’t going to tour anymore after O2,” AEG lawyer Marvin Putnam asked, referring to the 50 shows that were booked at the famous London arena but ultimately cancelled following Michael’s overdose death on June 25, 2009. “Yes,” Paris replied. Jurors then saw a second clip of Paris’ testimony requested by lawyers for her grandmother, family matriarch Katherine Jackson.“Did (your dad) explain to you how long the (‘This Is It”) tour was going to last,” Putnam asked Paris in the second excerpt shown Wednesday.“I assume a long time since it was a world tour,” she said. “Those usually last a long time ... He told us that we were going around the world on tour.” (NYDailyNews)

Strong showed demonstrative with Erk's projection for MJ's future tours:
40 shows at 60 years old
50 shows at age 63
45 shows at age 66

Erk acknowledged MJ did 275 shows between 20-50 years old.

Strong: So you had him do 455 shows over 5 tours until the age of 66?
Erk: 260 shows were reasonably certain to happen, 195 shows was an estimate based on my professional opinion.

Strong questioned Erk: "Are you aware of any other artist doing five tours between age 50 and 66?" "I did not consider that," Erk replied. (KABC)


Jackson redirect

Erk said AEG's experts in the same field as his charge more than him for the work.

Panish: Has Mr. Jackson ever been proved guilty of any allegations that AEG mentioned?
Erk: No
Panish asked if Phillips, Anschutz, Gongaware did not enter into an agreement with MJ due to concerns of the allegations?
Erk: They entered into the 3 year tour contract as well as movie deal
Panish: Was there any emails AEG, Philips, Gongaware saying they didn't want to make money off of MJ due to the allegations raised?
Erk: I didn't see anything to that effect. (ABC7)

Panish asked Erk if Tiger Woods had some things that could be viewed as negative allegations against him. He said he believed so. As to Tiger Woods, Erk said in 2012, he believes it was reported endorsements went back up to $70 million. Panish: Alex Rodriguez -- has there been allegations against him regarding certain activities? Erk: Yes, surfacing every once and a while. Panish: How are his endorsements? Erk: He's doing fairly well (ABC7)

“Let’s talk about A-Rod. Have there been allegations against Mr. Rodriguez about certain activities?” Jackson family lawyer Brian Panish asked a witness in an apparent reference to the accusations of steroid use dogging the Bombers third baseman. “They’re still coming about, surfacing every once in a while,” responded Arthur Erk, a Manhattan accountant called to the stand by the Jackson family.Panish brought up A-Rod, along with Tiger Woods, to draw examples of mega-stars who made big money after being struck by scandal. “How is he doing?” Panish continued, referring to A-Rod. “At least according to media reports, he’s still doing fairly well,” Erk replied. (NYDailyNews)

Regarding Beyonce and her endorsement deal, Erk said the calculation he made came up to 18,5%, not the 42% Strong said. (ABC7)

Panish asked if MJ's past and the allegation have anything to do with how much money MJ could earn. Erk said he based his opinion on AEG's projection and "if it was good enough for them, it was good enough for me." (ABC7)

AEG spent money before even getting to London, Erk testified. Panish asked Erk 2 assume Phillips estimated MJ would make $50-100 million for London dates if it was consistent w/ his opinion. He said yes .
Panish: Assume Phillips said MJ's earnings could rise to 500 million if he did a world tour? Is that consistent with your opinion?
Erk: Yes (ABC7)

As to future tours, Erk said Paris testified in her deposition (played earlier today) that MJ told her they would tour worldwide. Erk said Ortega's deposition and testimony talked about take this tour on the road, to the world, and that MJ would like for him to go too. Erk said Ortega discussed going to India and Japan with MJ. Panish asked if MJ and Ortega working further together. Erk said MJ wanted to ultimately produce movies.(ABC7)

Erk said AEG had the resources to find out about MJ's financial issues and there's no reason to believe they didn't know about MJ's problems (ABC7)

Erk said he didn't focus on MJ's health because AEG signed the contract and began spending money, which determined the tour would go forward. Panish asked if Erk saw evidence AEG was concerned with MJ's health. Erk said only that he passed a physical, was healthy and ready to go.
Panish: Did Phillips make statements as to whether MJ could perform a worldwide tour?
Erk: Yes (ABC7)

Panish said AEG had questions of Demerol, baby, allegations, trials so he wanted to clear whether there was demand for the tour. Panish showed Gongaware's testimony when he talked about the high demand for MJ's tickets. Panish asked why he took Phillips and Gongaware's testimony into consideration for his projections and calculation. "They were the ones selling the tickets, they should be in the know," Erk said. (ABC7)

Panish: Did you take that into consideration as to whether or not there would be demand for MJ's tour?
Erk: Absolutely
Panish: Was MJ popular and could've sold tickets?
Erk: Absolutely (ABC7)

Panish read a lengthy testimony from Randy Phillips when he said they were all surprised with the demand for tickets and standby people. Strong objected, and added that there's no question about the demand for the 50 show.
Panish: Is there any question in your mind AEG not only believed they could sell out in London but worldwide?
Erk: No question
Panish: Would you describe the demand for MJ's ticket a hope?
Erk: No (ABC7)

Erk went through the email describing what Phillips' plans were. "If London goes smoothly, we could migrate this show to the brand new, state-of-the-art stadium in Berlin, the O2 World," Phillips wrote. (ABC7)

Email from September 2008 plan:
In July 2009 -- If all goes well, we embark on a well routed and spread out worldwide tour taking advantages of the gigantic secondary ticket market, massive sponsoring opportunities subject to how well we have rehabilitated him and very lucrative "exotics". (ABC7)

Mick Jagger is 69 years old, lead singer of the Rolling Stones. He just finished up shows that AEG promoted, Erk said. Keith Richards had a long history of heroine problems, Erk said. He's also almost 69 years old and is touring, doing quite well. Barbra Streisand is 71 and just finished up shows for AEG as well, Erk testified. Erk said Streisand grossed more than $18 million. (ABC7)

Panish showed a spreadsheet with all MJ's monthly expenses. The annual consumption based on actual receipts for MJ -- $7.6 million. Erk said he used $570K/month, which would work out to $6.7 million. He used higher monthly figure, but less annually. For professional fees, Erk said he considered 10-20%, anywhere between $3-5 millions. (ABC7)

Panish: Does people usually lend money for people who can't pay it back?
Erk: No (ABC7)

Erk said MJ had assets to secure loans. Erk explained how the loan of significant amount of money works.
Panish: What was it that secured the debt?
Erk: Primarily his Sony/ATV catalogue (ABC7)

Erk said MJ did not have working income in ten years.
Panish: If you don't have work income, is it possible you're going to spend more than you earn?
Erk: Most likely (ABC7)


Panish: Did you just make-up this world tour idea?
Eark: No (ABC7)
Email from Gongaware:
MJ first draft worldwide tour projection. Here's a first-draft look at worldwide MJ tour. On paper, it starts Jan 9 and runs thru April 2011...Right now we project 186 shows... Net to Mikey $132 million. It's a big number, but this is not a number MJ will want to hear. He thinks he's so much bigger than that (ABC7)

186 shows over 27 months -- Gongaware projection
260 shows over 37 months -- Erk projection

Erk said AEG had 1.59 show per week in their projection and Erk had 1.60 shows per week in his projection. (ABC7)
Panish showed a document Gongaware attached to his projection with a list of tentative venues all over the world. World tour included: Berlin, Hamburg, Munich, Paris, Zurich, Milan, Johannesburg, Dubai, Japan, India, Australia, New Zealand , South America, US starting in Florida, Texas, New Orleans, California, Denver, Utah, Chicago. Panish said this is a document prepared by Gongaware in addition to the 50 shows in the O2 arena. There was a projection of $3-$10 million for private shows. Except with the private shows, Erk says his calculation was similar. Panish asked if shows in AEG's projection were carried over to 37 months, how many shows would that be? Erk: Almost 260 . Panish asked why 37 months. Erk said contract between MJ and AEG was 3 years, and he added a month. (ABC7)

Panish asked Erk is he saw multiple AEG documents detailing plans for worldwide tour. He said yes.
Panish: What are the figures AEG used for worldwide tour?
260 shows for my budget, 37 months
186 shows for 27 months (ABC7)

Erk said that prorating the same amount of shows in 37 months, it is almost 260 shows. AEG projection is $132 million in the low end, $150 million in high end for less shows, less months, Erk said. Erk said he used stadium shows and bigger arenas because of unprecedented demand. (ABC7)

Email from Phillips to Leiweke on April 15, 2009: He is happy and they picked all male and female dancers. I intend to shove those 50 shows up Irving's and Rapino's asses and march on to do another 3 years of a world tour. (ABC7)

Email Thomas Overseen saying he had a client with serious interest in MJ's tour in India. Phillips answered: Thanks, Thomas. MJ will definitely heading your way (ABC7)

Panish asked Erk if he reviewed this email to determine if the tour in India wasn't just a hope, but plan. He said yes. (ABC7)

Erk said Phillips was striking deal with Bravado to rent empty store in Oxford Circle to offer nothing but MJ merchandising. Panish asked if Erk believed it would help sell the merchandise. He said yes. (ABC7)


AEG recross

In re-cross Strong asked if Erk saw the June 2009 AEG budget and how much money AEG projected for the sale of merchandising. Erk said he saw it and believes it was maybe in the $10 million range or thereabouts. Erk projected $121 million, the expert said. (ABC7)
Strong: And the merchandise projection AEG had was between $8 and $10 million, right?
Erk: Yes, that's what was in the budget (ABC7)

Strong pointed in the email where there was an indication for "a" date in India, not 60 dates in India like Erk projected. (ABC7)

Strong: AEG Live had a lot of hope after selling the show?
Erk: I think it's more than hope
Strong: Wasn't AEG hopeful for a successful tour?
Erk: You're always hopeful (ABC7)

Email from Phillips to Nanoula in June 2008 detailing the plans for MJ's future: Richard, these are just my off the cuff ideas... The email mentions 12-14 new songs and then release of series on new singles. Erk said he doesn't know that MJ finish them. (ABC7)

Strong: Randy Phillips acknowledged that all had to go well, didn't he?
Erk: It appears that way (ABC7)

Strong asked if Phillips hoped he could have massive sponsorship opportunities if all went well. Erk said yes. Erk said he has no knowledge of what AEG tried to do to get sponsorship opportunities for the tour. As June 2009, Strong asked if Erk saw any evidence or sponsorship in place before his death. He said no. (ABC7)

Strong talked about the September 2008 email with $132 million projection. She asked Erk if the email was written without knowing whether MJ would ever agree to it. He said yes.

Back to India, Gongaware projected 3 shows plus one private show. He contemplated 8 shows in Japan plus one private. Strong said Gongaware's projection was not near what Erk calculated. (ABC7)

Email from Phillips to Leiweke: Colony is receptive but skeptical like us as to whether MJ will really work. (ABC7)

Strong: No one at AEG projected the numbers you projected, correct?
Erk: That's correct (ABC7)

Strong: MJ agreed to only 50 shows at the time he passed away in June 2009, isn't that correct?
Erk: Yes (ABC7)


Jackson redirect

"He took his children wherever we went," Erk said.
Panish in re-re-direct: What did he tell his children
Erk: We're going on a worldwide tour (ABC7)

Panish asked if selling out in a matter of hours is going well. Erk responded "Yes and then some." "It can always go better, but it was fantastic," Erk said. Panish asked if Gongaware, as good promoter and with the sales he saw, would want more shows. Erk said he would've done as many as he could. (ABC7)

----------------------------------------------------------

During arguments late in the day, judge asked AEG if they intend to call Dr. Murray to testify. Putnam responded he has no intention. (ABC7) During arguments on Dr. Brown's testimony, the judge asked AEG's attorneys whether they intend to call Conrad Murray. "I have no intention of calling him," AEG Live defense attorney Marvin S. Putnam said when asked about calling Conrad Murray as a witness. (AP)

Zusammenfassung von Ivy, MJJC #53
__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - forts. zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Day 47 - zeugen Taj Jackson; Arthur Erk, Jacksons expert CPA
Day 48 - forts. zeuge Erk
Day 49 - forts. zeuge Erk

Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7
Deposition transcripts filed with the court.
Note : these are not the full depositions, they are only the portions played in the court.
Dr. Stuart Finkelstein Deposition video transcript
Dr. Earley Deposition video transcript
Tim Leiweke Deposition video transcript
Randy Phillips Deposition video transcript
Quelle Ivy, MJJC #50

[geli2709]

The Jacksons vs. AEG Live — Zeugen der Jacksons, 36. Teil

19. Juli 2013

Ein Experte für finanzielle Angelegenheiten im Musikbusiness, sagte aus, dass Michael Jackson mit einer Welt-Tournee, Merchandising und einer Show in Las Vegas (ohne persönliche Beteiligung) bis zu seinem 65. Geburtstag 1.1 bis 1.5 Milliarden US-Dollar hätte einnehmen können. Die Anwälte von AEG bemühen sich seit Dienstag, diese Zahlen massiv herunter zu schrauben. Dabei zeigten sie auch Aussagen von Katherine und Paris Jackson.

Der Experte Arthur L. Erk präsentierte der Jury am Montag Hochrechnungen, wie viel Michael Jackson in 15 Jahren nach 2009 hätte einnehmen können. Er stützte sich dabei auf AEG E-Mails, die damals mit einer auf die Londoner Konzerte folgende Welt Tournee spekulierten.

Erk, der bereits für Stars wie die Band Kiss, Britney Spears oder Notorious B.I.G arbeitete, und seine finanziellen Hochrechnungen als konservativ bezeichnete, sagte, er habe folgende Annamen getroffen: Eine 37-monatige Tour (mit längeren Pausen dazwischen) mit durchschnittlich zwei Konzerten pro Woche im zentralen Europa, Asien, Australien und in den USA. Zusätzlich Merchandisingverkäufe und Sponsoring. Ausserdem rechnete er mit einer zehnjährigen Show in Las Vegas die auf Michael Jacksons Musik basiert hätte, aber ohne dessen persönliche Teilnahme stattfinden hätte können.

AEG verkaufte in nur fünf Stunden 750 000 Tickets für die Londonder This Is It. Erk unterstrich, dass die Tickets in „Rekord brechender Zeit“ verkauft wurden, was es noch nie zuvor gab und auch bisher nicht übertroffen wurde. Arthur Erk zeigte der Jury eine Statistik von Billboard über die Touren im Jahr 2009 mit den höchsten Einnahmen, angeführt von U2, Madonna und Paul McCartney. Jackson hätte sie alle geschlagen. „Michael Jackson war in einer Klasse für sich selbst. Er war bekannt als der King of Pop. Da gibt es niemanden, der an ihn ran kommt“, so Erk.

Erks Prognose zog auch extravagante Ausgaben Jacksons von USD 134,386,236 in seine 15 Jahre Berechnung mit ein. Bis Michael 65-jährig in den Ruhestand hätte treten können. Erks Prognose ignorierte aber Michael Jacksons Tantiemen für dessen bisherigen Alben und Kompositionen, da er diese Einnahmen so oder so gehabt hätte. Letzteres kommentierte Kevin Boyle, einer der Anwälte der Jacksons.

Erk hatte der Jury Michael Jacksons Verkaufszahlen vor Augen geführt: So habe Thriller weltweit 65 Millionen abgesetzt, Bad 45 Millionen, Dangerous 32 Millionen, Off The Wall und HIStory 20 Millionen und Invincible 13 Millionen. „Wenn man dies historisch betrachtet, so hat er eine gewaltige Fan Basis“, sagt Arthur Erk.

Obwohl MJ nur für die Londoner Konzerte unterschrieben hatte, hoffte AEG, Michael würde im Anschluss einer Welt Tournee zustimmen. In einer E-Mail schrieb Randy Phillips nach dem rekordbrechenden Ticketverkauf: „Wir hätten basierend auf die Nachfrage über 200 Shows machen können. Wichtige Stars wie Coldplay, Akon, Blackeye Peas, etc. wollen supporten.“

Die Anwälte von AEG präsentierten dann am Mittwoch Dokumente, die zeigten, dass AEG Live LLC im September 2008 Pläne für eine 186 Konzerte umfassende Welttournee Michael Jacksons in Europa, Indien, Australien und in den USA entwarfen. AEG spekulierte, dass MJ durch die Auftritte 132 Millionen eingenommen hätte. Diese Summe wäre einiges tiefer, als diejenige von Arthur Erk, der für 260 Konzerte mit 835 Millionen gerechnet hatte.

AEG unterstrich auch, dass der King of Pop Anfang 2009 nur für die Londoner Konzerte unterschrieben hatte und (noch) keinen weiteren Gigs zugestimmt hatte, obwohl diese Option im Vertrag festgehalten war. Mit den Konzerten in London hätte Michael zwischen 22 und 30.7 Millionen Dollar verdienen können. Sponsorverträge waren damals keine vorhanden.

Die Verteidigung zeigte der Jury ein Video von Paris Jackson, in dem sie sagte, dass ihr Vater nach den Londoner Konzerte nicht mehr auftreten hätte wollen, aber eine Welttour mit seinen Kindern in Betracht zog. „Hat er dir erläutert, wie lange die Tour dauern sollte?“, so die Frage von Putnam in der vorgängigen Befragung. „Ich nehme an eine lange Zeit, seitdem es eine Welttour war, aber diese dauern gewöhnlich lange“, so Paris. „Wie kamst du darauf, dass es eine Welttour war?“- „Weil er es uns erzählte“, so Paris. „Dass wir rund um die Welt auf Tour gehen werden.“ Paris berichtete zuvor: „Er hatte noch immer eine Menge Musik, an der er noch immer arbeitete, aber auf eine Art musste er sich ausruhen.“

Am Dienstag sagte die AEG Anwältin Sabrina Strong zum Experten der Jacksons, er habe Michaels Geschichte völlig ignoriert. So sei Michael verklagt worden, da er Konzerte abgesagt hatte (nach dem Jahr 2000, Anm.). und er habe eine Medikamentenmissbrauchs-Geschichte gehabt. Ausserdem sei seine Popularität durch den Kindsmissbrauchsprozess im Jahr 2005 minimiert worden, oder etwa wegen dem „Baby über den Balkon halten“-Skandal in Berlin. Arthur Erk war damit nicht einverstanden und meinte, die This Is It Tour wäre eine aussergewöhnliche Tour geworden. Und spätestens während der Welttournee wäre sein Ruf reputiert gewesen, so Erk. Die Rekorde brechenden This Is It Ticketverkäufe hätten gezeigt, dass das Interesse am King of Pop keinesfalls geschwunden war.

AEG Anwältin Strong erinnerte daran, dass MJ gemäss ihrem Zeugen und stellvertretendem AEG Vorsitzenden Paul Gongaware, durch die HIStory Tour keine Gewinne gemacht hätte. Dies obwohl die HIStory Tournee die Tour mit den höchsten Brutto-Einnahmen war. (165 Millionen durch Ticketverkäufe der 82 Konzerte und Merchandising). Ausserhalb des Gerichtsgebäudes sagte Erk den Reportern, dass Michael keinen Gewinn machte, da er 85 Prozent seiner Einnahmen für wohltätige Zwecke gespendet habe. Ein anderer Journalist wollte wissen, was er dazu meine, dass AEG die Missbrauchsvorwürfe erwähnt hatte: „Sie können alles erwähnen. Wir sind bereit.“

Die AEG Anwältin Strong unterstrich auch, dass Erk Michaels Schulden von 400 Millionen Dollar und die drohende Zwangspfändung vom Encion Anwesen der Jacksons (in Michaels Besitz) ignoriert hatte. Sie erläuterte, dass Michaels Sony/ATV Anteil mit einem 320 Millionen Kredit belastet war. Ausserdem erwähnte sie die Behauptungen eines früheren Managers von MJ, dass Michael pro Jahr zwischen 20 und 30 Millionen mehr ausgebe, als einnehme.

Erstmals wurde im Gerichtssaal eine (vorgängig aufgenommene) Aussage von der Klägerin Katherine Jackson gezeigt. Darin sagte Katherine, dass Michael ihr gesagt hätte, den Moonwalk mit 50 Jahren nicht mehr zeigen zu wollen. Sie sei überrascht gewesen, als ihr Sohn die This Is It Konzerte angekündigt hatte.

Bezüglich den erwähnten Aussagen von Paul Gongaware: Dieser hatte Ende Mai ausgesagt, dass Michael in der ersten Hälfte der HIStory Tour 26 Millionen verloren habe. Er sei dann für die letzten 40 Konzerte der zweiten Tourhälfte ins Organisationsteam geholt worden, um Kosten zu kürzen. Gongaware bezeichnete HIStory als eine der anspruchvollsten Touren und Michaels Auftritte als „sensationell.“

Quelle: jackson.ch, latimes.com, cnn.com, bbc.co.uk, nydailynews.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-36-teil/
Copyright © jackson.ch

[Lena]

WEDNESDAY, JULY 17, 2013, 9:47 PM


Paris, whose testimony was recorded during a deposition in March, said her father still had hits up his sleeve, but needed to take a break from touring.

A lawyer for AEG had asked her about claims her famous dad planned to “retire” from the music business.

“He still had a lot of music that he was still working on, but he kind of needed to relax,” Paris said as the jury watched the footage on a huge courtroom video screen.
"Er hatte immer noch viel Musik an der er arbeitete, aber er benötigte Zeit zum relaxen" sagt Paris

“Did he tell you he wasn’t going to tour anymore after O2,” AEG lawyer Marvin Putnam asked, referring to the 50 shows that were booked at the famous London arena but ultimately cancelled following Michael’s overdose death on June 25, 2009.
"Erzählte er Euch das er nicht mehr auf Tour gehen wollte nach O2" fragt AEG-Anwalt Putnam

“Yes,” Paris replied.

Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
MIKE / SPLASH NEWS/MIKE / SPLASH NEWS

Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.

AEG played the deposition testimony in an attempt to contradict Erk’s projection that Michael could have pulled in an earnings bonanza had he lived to take the “This Is It” tour across the globe.

Erk had testified that he believed Michael could have parlayed his success in London into higher ticket prices in other countries, and four more world tours stretching into 2026.

Jurors then saw a second clip of Paris’ testimony requested by lawyers for her grandmother, family matriarch Katherine Jackson.
Den Juroren wurde dann ein 2. Clip gezeigt aus Paris Aussage angefordert durch den K. Jackson-Familienanwalt

“Did (your dad) explain to you how long the (‘This Is It”) tour was going to last,” Putnam asked Paris in the second excerpt shown Wednesday.
"Hat Euch Dein Vater erklärt wir lange die TII-Tour sein wird" fragt Putnam.

“I assume a long time since it was a world tour,” she said. “Those usually last a long time ... He told us that we were going around the world on tour.”
"Ich nehme an eine lange Zeit, da es eine Welttour war" sagt sie. "Sie gehen gewöhnlich lange....Er sagte uns das wir um die Welt auf Tour gehen werden."



Read more: http://www.nydailynews.com/entertain...#ixzz2ZPDomsHn

Video dazu

Nachdem Brown gestern nochmals mitteilte das Propofol keinen Schlaf bring7 (welch Neuigkeit) tritt dann heute Kathrine in den Stand.

Panish erklärte das sie mehere Pausen während des Tages brauchen wird und sie am Nachmittag müde wird. Sie wird von MJs Kindheit, über seinen Starruhm bis zum Tod berichten.

ABC7 Court News @ABC7Courts 35m
She is expected to talk about MJ from early ages until stardom and death. We're told it will be a very emotional testimony.
Expand Reply Retweet Favorite More
ABC7 Court News @ABC7Courts 36m
Panish told the judge Mrs. Jackson will need to take a few breaks throughout the day and gets tired in the afternoon.
Expand
ABC7 Court News @ABC7Courts 37m
Judge adjourned trial until tomorrow morning at 9:30 am PT. Katherine Jackson will take the stand.
Expand

[Memphis]

Hier ist doch keine Diskussion

ich vergesse es immer wieder!
ich komme selbst bei den namen langsam durcheinander.
jetzt

[Lena]

ich bin gespannt was Panish die nächsten 5 wochen "präsentieren" wird!

Hier ist doch keine Diskussion

Panish ist der Anwalt der Jacksons. Wenn AEG wirklich nur 5 Wochen braucht, dann ist das ja wirklich ein Klecks gegen die 12 Wochen von Panish (oder gibt es doch noch ein 13. Woche?) Gestern gings weiter nur ums Geld und beide Partein nutzten dafür Paris Depsoition für ihre Zwecke. Panish vertrat zudem die Meinung das MJ keinen Verdienstschaden durch Skandale erlitten hatte und führte hierzu auch Tiger Woods und Ar. Rodrigues auf, die weiterhin großes Geld machen.


A-Rod’s name is mentioned during Michael Jackson wrongful death trial
As lawyers sparred over Michael Jackson's earnings potential, the Jackson family's lawyer used Alex Rodriguez as an example of a star who overcame scandal to make big money

Comments (1)
NEW YORK DAILY NEWS

WEDNESDAY, JULY 17, 2013, 9:47 PM


Paris, whose testimony was recorded during a deposition in March, said her father still had hits up his sleeve, but needed to take a break from touring.

A lawyer for AEG had asked her about claims her famous dad planned to “retire” from the music business.

“He still had a lot of music that he was still working on, but he kind of needed to relax,” Paris said as the jury watched the footage on a huge courtroom video screen.
"Er hatte immer noch viel Musik an der er arbeitete, aber er benötigte Zeit zum relaxen" sagt Paris

“Did he tell you he wasn’t going to tour anymore after O2,” AEG lawyer Marvin Putnam asked, referring to the 50 shows that were booked at the famous London arena but ultimately cancelled following Michael’s overdose death on June 25, 2009.
"Erzählte er Euch das er nicht mehr auf Tour gehen wollte nach O2" fragt AEG-Anwalt Putnam

“Yes,” Paris replied.

Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
MIKE / SPLASH NEWS/MIKE / SPLASH NEWS

Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.

AEG played the deposition testimony in an attempt to contradict Erk’s projection that Michael could have pulled in an earnings bonanza had he lived to take the “This Is It” tour across the globe.

Erk had testified that he believed Michael could have parlayed his success in London into higher ticket prices in other countries, and four more world tours stretching into 2026.

Jurors then saw a second clip of Paris’ testimony requested by lawyers for her grandmother, family matriarch Katherine Jackson.
Den Juroren wurde dann ein 2. Clip gezeigt aus Paris Aussage angefordert durch den K. Jackson-Familienanwalt

“Did (your dad) explain to you how long the (‘This Is It”) tour was going to last,” Putnam asked Paris in the second excerpt shown Wednesday.
"Hat Euch Dein Vater erklärt wir lange die TII-Tour sein wird" fragt Putnam.

“I assume a long time since it was a world tour,” she said. “Those usually last a long time ... He told us that we were going around the world on tour.”
"Ich nehme an eine lange Zeit, da es eine Welttour war" sagt sie. "Sie gehen gewöhnlich lange....Er sagte uns das wir um die Welt auf Tour gehen werden."



Read more: http://www.nydailynews.com/entertain...#ixzz2ZPDomsHn


Edit: Gestern fragte die Richtern AEG ob sie beabsichtigen Murray als Zeugen zu berufen. "Ich habe keine Absicht ihn zu berufen2, sagt Putnam.
Heute werden Video-Depositionen von Brow, Propofolexperte und Formuzis, Wirtschaftsexperte gezeigt.

• Anthony McCartney @mccartneyAP 15h
  "I have no intention of calling him," AEG Live defense attorney Marvin S. Putnam said when asked about calling Conrad Murray as a witness.
  
  
  
  
  
  
  

[Memphis]

ich bin gespannt was Panish die nächsten 5 wochen "präsentieren" wird!

[bliss]

Bevor AEG heute das Kreuzverhör mit Erk fortsetzte machten die Anwälte Aussagen dazu wie lange der Prozess noch dauern werde, da die Jury diesbezüglich gestern Auskunft erbat.
Putman sagte unter der Vorraussetzung, dass Panish diese Woche fertig wird, dass er erwartet seinen Fall bis Ende August zu präsentieren. In der ersten Hälfe vom September gibt es nur 4 Gerichtstage, so wenn es ein paar Tage Verögerung gibt heißt dies das es bis Mitte oder Ende September gehen wird, so Panish. Richterin sagt das sie erwartet das der Fall Mitte bis Ende September zu Ende ist.

Na, wer`s glaubt wird selig. Ich bin im Oktober dort und glaube langsam ich werde es noch live miterleben können...

[Lena]

Bevor AEG heute das Kreuzverhör mit Erk fortsetzte machten die Anwälte Aussagen dazu wie lange der Prozess noch dauern werde, da die Jury diesbezüglich gestern Auskunft erbat.
Putman sagte unter der Vorraussetzung, dass Panish diese Woche fertig wird, dass er erwartet seinen Fall bis Ende August zu präsentieren. In der ersten Hälfe vom September gibt es nur 4 Gerichtstage, so wenn es ein paar Tage Verögerung gibt heißt dies das es bis Mitte oder Ende September gehen wird, so Panish. Richterin sagt das sie erwartet das der Fall Mitte bis Ende September zu Ende ist.

Anthony McCartney @mccartneyAP 1h

Strong continued to challenge Erk’s projections of Michael Jackson’s earnings. She focused on estimates for endorsement deals.
Öffnen
Anthony McCartney @mccartneyAP 1h

AEG Live defense attorney Sabrina Strong continued her cross-examination of CPA Arthur Erk, who started testifying on Friday.
Öffnen
Anthony McCartney @mccartneyAP 1h

Palazuelos: “Even though we’re going over a little bit, I don’t think it’s unreasonable.” She told juror to convey any concerns to the court
Öffnen
Anthony McCartney @mccartneyAP 1h

Palazuelos told the jury she expected the case to end in mid-September, which is later than some jurors thought they’d be here.
Öffnen
Anthony McCartney @mccartneyAP 1h

... estimate is off by a few days, then that would put the end of their case in mid-September.
Öffnen
Anthony McCartney @mccartneyAP 1h

For the first half of September, there are only four days court is in session. Plaintiff’s lawyer Brian Panish noted that if the defense ...
Öffnen
Anthony McCartney @mccartneyAP 1h

Putnam said he’s weighing how much of a defense he needs to put up, and Palazuelos told him he needed to take as long as he needs.
Öffnen
Anthony McCartney @mccartneyAP 1h

AEG Live defense attorney Marvin Putnam said he’s going to try to wrap up his case by the end of August, assuming plaintiff’s rest this week
Öffnen
Anthony McCartney @mccartneyAP 1h

When the judge took the bench, the attorneys addressed the time estimate of the trial. The jury inquired about it yesterday.
Öffnen
Anthony McCartney @mccartneyAP 1h

Superior Court Judge Yvette Palazuelos also called the attorneys into chambers and met with them before testimony resumed.
Öffnen
Anthony McCartney @mccartneyAP 1h

Before testimony began, the clerk outlined the rules for the courtroom and courthouse, saying no interviews should occur outside courtroom.
Öffnen
Anthony McCartney @mccartneyAP 1h

We're on the morning break in Jackson vs AEG Live case. A few updates coming...

[rip.michael]

Jacksons vs AEG - Day 49 – July 16 2013 – Summary

Katherine and Trent Jackson is in court.

Court opened this morning with arguments on whether it was proper for AEG lawyers to show Erk a judgment against Jackson. The judgment was related to case filed by concert promoter Marcel Avram against Jackson in Santa Barbara. Plaintiffs objected to its use. Plaintiff’s attorney Brian Panish argued that the $5 million judgment against Jackson wasn’t final -- it had been appealed and later settled. Panish argued it was improper “character evidence” and shouldn’t have been shown to the jury on Monday. AEG’s attorneys argued that the case had been settled for $6.5 million. The appeal was dropped, they said, which made the judgment final. The judge agreed with AEG Live and she wouldn’t instruct the jury regarding the judgment. “Let’s keep going, she said. (AP)


Arthur Erk Testimony


AEG cross

The promoters of Michael Jackson’s highly anticipated comeback concerts were interested in pursuing a 3-D version of a “Thriller” movie and a TV special of one of his sold-out concerts at the O2 arena in London, an accountant testified Tuesday. (LATimes)

An expert who projected Michael Jackson could have earned more than $1 billion on his comeback concerts testified Tuesday that his analysis didn't include a breakdown of the singer's yearly earnings over his lifetime and projected a longer concert tour than the superstar had ever performed. Arthur Erk, a certified public accountant who is an expert in musician's royalties, said his analysis didn't take into account thousands of pages of figures detailing Jackson's spending over the years. The accountant based his calculations on documents prepared by AEG, but on cross-examination conceded that the company never projected the singer would earn more than $1 billion after the "This Is It" shows opened. He said he didn't have information regarding Jackson's earnings over his lifetime. (AP)

AEG Live defense attorney Sabrina Strong's cross-examination focused on trying to show there wasn't historical basis for Erk's projections. (AP)

Strong immediately asked Erk about his testimony that he had used AEG Live’s figures to reach his $1 billion + estimates. A big piece of Erk’s estimates was the idea that Jackson would have done a 37-month, 260 show worldwide “This Is It” tour. Strong started out a question with "Let's be clear" and proceeded to state that AEG Live never projected $900 million in earnings for "TII". Erk agreed with Srong on this and several other questions, including one in which she said AEG didn’t contemplate 260 shows. (AP)

Strong: AEG Live never projected MJ would've earned anything close to the $900 million you estimated, correct?
Erk: That's correct (ABC7)

AEG Live never projected MJ would do 260 shows, Strong asked. Erk agreed. (ABC7)

Erk projected the worldwide tour would go to India, Japan, Central Europe and return Jackson to the U.S. for shows as well. (AP)

Strong also attacked Erk's calculation that Jackson would have spent $134 million between ages 50 and 65. She cited testimony from Jackson's former business managers and accountants in depositions that Jackson was historically outspending his earnings by millions of dollars each year. She questioned why Erk and associates who helped him compile his analysis didn't review tens of thousands of pages that detailed Jackson's spending over the years. Erk said that wasn't part of his job as a hired expert and he relied on figures about Jackson's monthly spending prepared by the singer's accountant before his death. "We boiled down what we thought was necessary to do the calculations," Erk said. (AP)

Strong then began to question Erk about Jackson’s spending, again stating that when he died he was at least $400 million in debt. Strong then mentioned that the Jackson family home in Encino was facing foreclosure in June 2009 and didn’t have access to cash. Erk: “The reason he was going on tour was he was going to get himself straight, pay off his debts and take care of his family.” Strong mentioned that the Jacksons’ Hayvenhurst home was facing foreclosure twice this morning. The 2nd time, Mrs. Jackson shook her head. (AP) Strong talked back about consumption, which is the amount of MJ's expenses. She said MJ was $400 million in debt when he died. Strong asked if Katherine Jackson's Hayvenhurst home was about to go in foreclosure. Erk said yes. "The reason he was going on tour was to get himself straight, earn money to take care of his family," Erk said. (ABC7)

Strong mentioned the deposition testimony of several of Jackson’s business managers that the singer consistently spent more than he earned. (AP) Historically, MJ spent more money than he earned, Strong said. Erk said that based on the accountant's testimony, yes. Barry Siegel is one of MJ's former accountant. Strong said Siegel noted MJ had substantial income coming in and higher expenses going out. Strong asked if Erk knows why Siegel quit his job with MJ. Jacksons' attorney objected to the form of question. Strong then said assuming Siegel quit because MJ couldn't control his spending, if that would've affect his consumption numbers. Erk said no (ABC7)

Strong talked about Jackson's prolific spending, saying he was $400 million in debt and that his mother's home was in foreclosure. She said that a former Jackson business manager had quit because the singer showed no interest in pulling back on his spending. Strong said that in one instance, Jackson bought a $1-million watch but had to return it because he couldn't afford it.Another former Jackson business manager said Jackson spent $20 million to $30 million a year more than he earned, Strong said. (LAtimes)

The lawyer also mentioned that Jackson had borrowed money against his music catalog. Erk agreed MJ “had loans on his assets.” Strong asked about a note coming due on Jackson’s loan against the SonyATV music catalog in 2009, saying he couldn’t pay it. (AP) Erk said Jackson had a $320-million loan on his portion of the Sony/ATV musical catalog, which includes Beatles songs. (LATimes)
Strong: “Michael Jackson had no ability to meet that obligation, correct?”
Erk: “Correct.” (AP)

Strong: And that doesn't account for million dollars shopping spree?
Erk: I don't call it consumption, I call it fun money (ABC7)

Strong asked if MJ spent $20 to $30 million a year more than he was earning. Erk said yes. (ABC7)

Strong said $1 billion Erk estimated didn't include repayment of MJ's debts. (Implication is you can't get damages for money to repay debts) Erk said his job was not to consider whether MJ was going to repay his debts. He was hired to estimate MJ's earning capacity had he lived. (ABC7)

Erk said he didn’t consider Jackson’s debts outside $570k a month in expenses, including repayment on Sony/ATV loan.
Erk:”That wasn’t my job to consider that.”
Strong: “You were just asked to calculate how much he would have made.”
Yes, he replied. (AP)

Panish objected to Strong’s questions about the debts and how she phrased certain questions. Judge sustained some of the objections. (AP)

Strong then asked whether Erk considered how much Jackson earned in 2001, 2002 and other years. He said he hadn’t. She asked him whether he had any idea how much Jackson earned in any year of his life. No, Erk replied. (AP) Strong asked if Erk knows how much money MJ earned in 2001, 2002, 2003. He said no and that it had no relevance to his assessment. Erk said he reviewed documents attached to depositions explaining MJ's yearly earnings and consumption. (ABC7) Strong cited at least 71,000 pages of records of Jackson’s expenses that had been produced in the case. Erk said he didn’t go through them. (AP)

Strong asked how much the expert and his firm had billed for work on the case. He said they’d billed $300,000. Erk added that if he’d gone through the expense records that Strong described, his firm's fees for the case would have been in the millions. (AP) Erk said the estimate of cost of his firm's work in this case is $300,000. He didn't review thousands of pages, eliminated all unnecessary. Erk explained he's been doing this for 34 years and it would've taken an untold amount of man hours to go through all the documents. Erk: In me and my partner's experience, we are very good in judgments. We boiled down what we thought was important for the calculations (ABC7) Erk said he had 34 years of experience. “We boiled down what we thought was necessary to do the calculations,” he said.(AP)

Strong said Erk's opinion assumes that MJ would do something he had never done before. (ABC7)

Strong: The artist usually had the final decision?
Erk: Yes, they have final say but consult with the professionals that surround them (ABC7)

"What you're projecting is totally inconsistent with Michael Jackson's history, isn't it?" asked attorney Sabrina Strong (LATimes)

AEG Live attorney Sabrina Strong showed Erk a chart that showed that Jackson's three previous solo tours comprised 275 shows over a 10-year span. She challenged Erk's contention that he was being conservative by projecting Jackson would have performed 260 shows over a three-year period. (AP)

Strong then started walking Erk through Jackson’s solo tour history. She asked him about the “Bad,” “Dangerous” and “HIStory” tours. “Bad” was the longest tour with 123 shows. Jackson was 29 at the time. “Dangerous” was roughly 70 shows; MJ was 33 years old. “HIStory” was 82 shows and Jackson was 38. In total, Strong and Erk said Jackson did 275 shows between 1987 and 2008. (In reality, the 275 shows were performed in a 10-year span between 1987 and 1997, according to figures shown in court.) (AP)

Strong showed Erk's overview of the 260 shows the expert projected MJ would do had he lived, within 37 months. Strong questioned Erk about his 260 tours estimates. She reiterated there's no AEG document saying MJ would ever do 260 shows. Erk said there was testimony that MJ could've done a 48-month tour, which would increase revenue in approximately 30%. The increase would be based on higher ticket sales and merchandising. He didn't include endorsement, which could be higher too. Erk said he didn't calculate how many more shows would be required to fulfill a 48 month tour. Using the simple 30% increase calculation, there would be an additional 78 shows, totaling 338 shows in 48 months. The expert said Randy Phillips, a top AEG Live executive, said in an email they would probably do a four year tour. (ABC7)

Strong asked Erk if MJ's record high of number of shows was 123 shows for "Bad" tour in 1987 when MJ was 29 years old. He said yes. Dangerous tour: began in 1992, MJ was about 33 years old, had 73 shows. Strong said Gongaware testified it was about 70 tours. HIStory tour, 1996, MJ was 38 years old -- 82 shows. Total of 275 shows if added all together. (ABC7)

Strong: Now you have him in one tour, 12 years later, at age of 50, doing 260 shows?
Erk: Yes (ABC7)

Strong then asked about Jackson’s place among other acts in highest-grossing concerts. None of his tours were in the Top 25. Erk explained that Jackson tended “not to go crazy with his ticket prices.” He said he charged less than his counterparts. The accountant also defended his calculations, saying his were in line with what other acts made if you added more shows to their tours. (AP)

Strong said Erk calculated MJ would gross in "This Is It" more than 10 times he ever grossed before in a tour. MJ's highest gross tour is "HIStory" -- $165 million for 82 shows. It ranks number 26 on the highest grossing tours of the all time. Even though HIStory was the highest grossing tour for MJ, he didn't take home any money, according to Paul Gongaware's testimony. (ABC7)

Strong: You estimated gross of $1.5 billion for 260 shows and the highest you know MJ ever did was $165 Million?
Erk: Yes
Strong: And is that conservative?
Erk: Yes (ABC7)

Bad -- $125 million gross. "I can tell you that show was fantastic!," Erk opined on Bad tour. Strong asked if Erk's projection is inconsistent with MJ's tour history. Erk said the show was called This Is It, his final extravaganza. "I packed a lot of shows in to go out with a bang," Erk said. (ABC7)

Regarding the ticket numbers, Strong said that for the 260 tours, Erk's assumption was that it would sell approximately 13 million tickets.
Strong: Just like with the number of shows, MJ never sold anywhere near 13 million tickets, correct?
Erk: Yes
Number of tickets sold in "Bad" was close to 4.5 million. "HIStory" tour sold about the same number of tickets, 4.5 million. (ABC7)

Erk said he doesn't think the child molestation trial would have any impact on whether people would attend his show. Strong asked if people had issue w/ MJ dangling a baby over the balcony of hotel. He said for a short time yes, but not to affect attendance (ABC7) Strong then brought up Jackson’s child molestation trial and his dangling Blanket over the balcony. Erk said they weren’t factors. Erk said AEG Live expected Jackson’s image to be rehabilitated after initial “This Is It” shows to the point he could tour in U.S. again. (AP) Erk said that the five-hour sale of 750,000 tickets to his 50 London concerts showed that Jackson's popularity had not suffered. AEG's plan, was that after the London shows the singer would perform in Europe and Asia, finally ending the tour in the U.S., he said, "and by that time his image would be rehabilitated.” (LATimes)

Strong asked Erk to agree with her that Jackson’s reputation was better in the 1980s than in late 2000s. Erk replied that the 80s were when Michael Jackson got the term “King of Pop.” (AP)

Strong and Erk argued over whether the worldwide tour was contemplated by AEG Live.
Erk said a worldwide tour was considered. He said plans for a worldwide tour were mentioned by Kenny Ortega and Paris Jackson in her deposition. Erk said he spoke to Jackson’s son Prince on Saturday night. He said Prince told him his father said, “’We’re going to Asia.” (AP) Strong asked if MJ never agreed to do more than 50 shows. Erk said he doesn't know if he agrees with that. Erk said he spoke with Prince on Saturday and he said MJ told him they were going to Asia. (ABC7) Strong kept insisting that Jackson had not agreed to anything other than the London shows, although Jackson's contract included the possibility of extending the tour. Erk said he spoke to Jackson's son, Prince, Saturday night. "He said his father specifically told him, 'We're going to Asia,' " according to Erk. (LATimes)

Erk said MJ needed to work, needed the money, so had incentive to perform all shows. (ABC7) The accountant added that Jackson needed the money, and that was a “great impetus to go out and do the shows.” (AP)

Strong then moved deeper into projections for MJ world tour. She asked him about “production kills” -- seats that can’t be used in venues. The seats aren’t available because of sight lines to the stage or other factors. Strong used them to challenge Erk’s numbers for "TII" tour. Strong asked about various stadiums, including Luca Oil Stadium in Indianapolis. Seating capacity is 70,000, but is lower for concerts. Strong noted that Erk hadn’t worked on concert tours and hadn't consulted with people who had for his projections. She told Erk to assume that AEG had put on shows at Lucas Oil Stadium and the seating capacity was 51,000 seats. Erk said he didn’t agree with Strong or AEG’s figures, saying more tickets could have been sold for spots on the field at many venues. The accountant had to concede he didn’t really know the seating capacity, and hadn’t talked to anyone who does for his calculations.(AP)

Erk and Strong went back-and-forth over several venues, and the lawyer challenged him on his projection that MJ would sell out every show. Erk said he thought that was possible. “There’s a tremendous amount of pent up demand,” for Jackson shows in ’09, he said. (AP)

Strong: You estimated Mj would've sold 100% tickets for all the show?
Erk: Based on the huge, excessive demand, yes
MJ was on a category of his own, Erk said, he was the King of Pop, could not be compared to any other artist.

Strong: You had MJ selling out Rose Bowl three times?
Erk: Yes

MJ never performed at the Rose Bowl, Strong said. Panish objected saying MJ performed at Superbowl half time there and it was sold
out. (ABC7)

Strong moved on to Erk’s projection for Jackson concerts in India, including his estimate for 10 shows at Salt Lake Stadium which seats 120k. The lawyer said Jackson only played one show in his lifetime in India. Erk projected him to do 60 shows in India on “This Is It” tour. Strong asked Erk about his research, noting that he based a lot of it on Wikipedia information. The lawyer then asked whether Erk noticed in his online research that the government banned concerts at Salt Lake Stadium in 2009. That detail isn’t currently on the Wikipedia page, but Strong said if it’s true then Jackson couldn’t have performed 10 shows there. Erk said that would have depended on whether a show could have been negotiated to be performed at the venue. (AP)

Strong asked if Erk used the same price for tickets in all shows, in different countries. He said yes, just adjusted inflation. "There are a lot of wealthy people in India," Erk said. Strong asked if Erk knew the stadium in Salt Lake City was for sports events only and that MJ would not be able to perform one show there. Erk said if there was no negotiation, yes, he would not be able to perform there. (ABC7)

------------------------------

Erk to resume on the stand. Strong estimates another half day of cross, judge gave 2 hrs

After session ended, attorneys for both sides had a heated exchange of words in the hallway when they were talking to media and fans. Both attorneys were shouting to each other, court clerk asked them to knock it off, called sheriffs. (ABC7) One issue that may come in court tomorrow morning _ a verbal tiff between lawyers on the case in hallway outside the Jackson courtroom. It happened after testimony ended and I believe all the jurors were gone by the time this happened. Plaintiff’s lawyer Brian Panish and AEG defense attorney Marvin Putnam shouted at each other after court. Panish said he overheard Putnam say something, and the attorneys exchanged words. Judge Palazuelos’ clerk came out and calmed things down. The clerk asked Putnam to leave and said she would report the shouting match to the judge and it would be addressed on Wednesday. (AP)


Zusammenfassung von Ivy, MJJC #52

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - forts. zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Day 47 - zeugen Taj Jackson; Arthur Erk, Jacksons expert CPA
Day 48 - forts. zeuge Erk
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7
Deposition transcripts filed with the court.
Note : these are not the full depositions, they are only the portions played in the court.
Dr. Stuart Finkelstein Deposition video transcript
Dr. Earley Deposition video transcript
Tim Leiweke Deposition video transcript
Randy Phillips Deposition video transcript
Quelle Ivy, MJJC #50

[rip.michael]

Jacksons vs AEG - Day 48 – July 15 2013 – Summary

Katherine Jackson is in court

Arthur Erk Testimony

[ Source : Majority of the information is from ABC7 unless otherwise indicated]

Jackson direct


Erk explained business management, paying bills, intellectual property. A master recording is when artist records track in studio, Erk said. Songwriter completes a song, Erk said. A self-published individual will write notes and lyrics, sends to copyright office in Washington D.C. Use license exists whether it is artist on internet who is not signed by a record label or record company, Erk explained. Royalty calculations have not change, he said, only distribution. Technology advances have changed the industry, Erk testified. Erk: For artist to release song must go to publisher of songwriter or major publishing company to exploit this particular songwriter's song. The publisher gets 50 cents for every song and artist gets 50 cents, Erk said. He explained the formula radio stations use to calculate and collect over the air royaltiesIn a Print, Folio (printed song material) a songwriter gets 10% of price, Erk testified. In Film, there's synchronization license to get the right to hear the song in the film. It requires a worldwide license. Used to be songwriter gives up right and becomes a member of staff, Erk explained. As Business evolved, biz managers became more savvy, writers wouldn't give up 100% of copyright, would sell 50% still get co-publishing deal

"MJ was a tried and tested songwriter and artist from the time he was 5," Erk explained saying he differed from other artists who have died. Panish asked if Erk knows some of MJ's #1 songs. He responded Beat It, Billie Jean, Man in the Mirror, Heal the World, Can’t Stop Loving You. Erk explained that to be a Gold album, it must sell 500,000 copies, Platinum is one million and Diamond is 10 million sales.

Erk said he charges normally hour rate of $475. He has worked in a little over 200 hours on this case. (ABC7)

The expert has done royalty work for Jackson in mid-80’s. In 1983, he did it for "Thriller," one of the largest selling albums of all time. “When you have that many sales, there is usually money there, that means they didn’t pay according to the contract," Erk explained. When MJ’s manager John Branca was pursuing the Beatles catalogue, with 4,000 songs, Erk was hired to determine the value. "We call it net publishers share, that is amount publisher is left after paying all co-writers and everyone else," Erk said. Erk: It was our job to go to Robert Holmes a Court, Australian billionaire who owned the catalogue. It was a testing of wills. Erk: We valued catalogue at 40 million. He assessed at 49 Million, also didn't want 2 give up Penny Lane because he had family member w/ that name. The deal got done without that song. Erk said MJ was smart enough to keep his own copyrights.

Panish: When someone dies, what happens? Erk: The average male recording is 75 years. MJ lost 25 years of copyright income. The longer you live the longer the copyright goes, Erk said.

He assessed areas of touring, the movie was going out on tour, merchandise (t-shits, hats), endorsements (ads, might get signage at arena.) Erk also calculated that MJ would've done a thematic show and would've earned additional royalties on “grand rights.”

Erk described his experience in the business. He's worked with lots of artists, intellectual property, business management, royalties. He said Bravado is largest merchandising outfit company.

Erk examined AEG's budget, which initially called for 30 "This Is It" shows. Erk reviewed depositions, AEG contract w/ MJ, picture/development deal that MJ signed w/ AEG, trial testimony, Ortega and Faye's contract. He read emails of AEG's plans, budgets, handwritten notes of MJ's; read Ortega's testimony whether MJ would be successful in film industry.

The expert said he saw evidence MJ wanted to do shows in Las Vegas and had intention to record future music.
Erk assessed a numerical value for possible losses based on extremely conservative estimates.
Panish: When you say conservative analysis, why? Erk: Because I used AEG’s budget numbers that I translated.

Erk used several emails from Randy Phillips to show AEG's plans for future tours. In one, Phillips said MJ sold 750K tickets in 5 hours. AEG prepared budgets. One was at $1.45 exchange rate and another at $1.65, since they used British pounds. Erk said AEG determined what the gross revenue would be 4 tickets, estimated merchandise sales 4 shows based on 30 shows originally, not 50. O2 arena has 20K seat capacity. They sold 750K tickets for 50 shows. Erk said 1.4% of Great Britain's population bought tickets for the show

Panish: How do you assess ticket prices? Erk: We took the top 5 grossing tours and took average ticket price.

Erk, who described his financial calculation as conservative, said his projections included a 37-month tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, where the singer would not have performed. It also included sales of merchandise and endorsements. (LATimes)

Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour. (AP)

Erk showed chart w/ projections of seats they figured would be sold for MJ touring in Great Britain, Central Europe, Asia, Australia and US. He estimated the actual seat projection to be 12.9 million, out of 5.9 billion people, would generate MJ revenue of $452,155,095. Erk said he didn't consider MJ's past tour attendance since MJ said This Is It, it was going to be his final tour; he adjusted the projection. Erk said MJ's albums did “quite fantastically” worldwide, sales doubled and tripled around the world.

Erk explained that Tier 1 is what is reasonably assured MJ would've done, no speculation, very conservative estimate. Tier 1 are top artists: U2, Madonna, Bruce Springsteen, Bon Jovi, Erk said. “MJ is in a class of his own, King of Pop, no one came close."

Billboard is the music industry magazine, which has a top Box Office for concerts. In the top 25 grossing acts in 2009, Paul McCartney had 10 shows but was 3rd grossing, since he had very expensive tickets and big venues. Only two artists were sold out for all the shows in 2009: U2 and Madonna. Billy Joel and Elton John almost sold out, Erk said. The jury was shown a chart from Billboard magazine of the highest-grossing tours of 2009, led by U2, Madonna and Paul McCartney. Jackson, he said, would have beat them all.
"Michael Jackson was in a class by himself," Erk said. "He was known as the King of Pop. There’s no one who comes close to him." (LATimes)

Erk calculated MJ's ticket price average of $108.18. "He's the top of the pyramid," the expert opined. Panish asked if the price could've been higher. Erk said AEG did not expect this wild demand.Erk: The demand here was so wild, they could probably sell the tickets for a much higher price and still sold out shows.

Total Projected Economic Damages: $1,511,182,374 billion for MJ's loss of economic earning capacity based on $200 ticket minus MJ's expenses. Total projected income based on $108.18 ticket price: $1,261,745,023
Erk figured that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show would net him $1,127,378,787. If tickets were $200 each, what were described as his "lost economic damages" would total $1,511,182,374. “Demand was so wild that he probably could have charged more for tickets and still sold out,” Erk said.
Erk pointed to the singer's record sales. "Thriller" sold 65 million copies worldwide, "Bad" 45 million, "Dangerous" 32 million, "Off the Wall" and "HIStory" 20 million and "Invincible" 13 million.“Looking at it historically, he has a huge fan base," the accountant said. (LATimes)

His projections include Jackson spending $134,386,236 total over the next 15 years, which took him to age 65 and retirement, Erk said. (LATimes)

[ Outside the presence of jury, Judge Palazuelos told audience that someone took picture of courtroom and/or jury through the courtroom window. She admonished everyone again that no pictures are allowed in the courtroom/courthouse. The windows are now covered, Sheriffs investigating. Judge told jurors they might have to have new procedures to protect them, but judge doesn't want to discuss that just yet.]

Erk analyzed five categories: Tour, Merchandise, Endorsements, Vegas shows and Vegas royalties. The assessment was based on the price of ticket sales. The estimate of MJ's gain was between $1.127 million and $1.511 million. Erk said he's been in the business for more than 34 years. He said artists always go back to do what they are good at.

Erk then calculated Tier 2 category, which is for future earnings for business MJ would most likely do. He said he had MJ on a much reduced tour, period of hiatus, another reduced tour, and decline from there up until he was 65 years old. "My belief and perception of AEG executives as well, there's no other artist like Michael Jackson," Erk opined.

Erk projected MJ do 260 shows, average of 2 per week. He said MJ was much bigger than any other artist.

Beyonce had a Pepsi endorsement deal of $50 million in 2012. Her most recent tour gross revenue was $119,500,000. MJ's TII Gross (2009 and 2010) -- $638.976.138 Erk did a calculation based on Beyonce's Pepsi deal and came up with $267,354,032. He added $50 million clothing endorsement and came up with $317,354,032. Erk said he could not compare Beyonce with MJ. "He was the King of Pop," Erk explained. "There was no other like him." Projected Income to MJ - Vegas: $269 million. That was for Vegas show after MJ died, where MJ did not have to perform. Royalties, for use of music, would pay 5% of box office: $102 million total.

Erk said the calculation in Tier 1 was based on things MJ was reasonably assured of doing. "I tried to err on the low side." Future Loss: For 37 months $1.127 billion - $1.511 billion; For 48 months $1.462 billion - $1.96 billion. Professional fees: entertainment attorney, business manager and personal manager. Erk calculated MJ would have 20% expense in fees. Future Loss Minus Professional Fees: 10% fee -- Range from $1.014 billion to $1.764 billion; 20% fee -- range $901,600,000 to $1.568 billion.

"I think their opinion is that there would be no loss of future income," Erk said about AEG economist and accountant expert. Erk disagrees.

Panish asked if Erk is familiar w/ artists saying this is it and returning to tour. "Not to me personally, but I've seen in the public eye."
Erk did not calculate how much money MJ could earn making movies. He said he thought it was best left for the jury to decide.

Tier 2 is future touring. $373,985, 179 -- total projected economic damages for Tier 2, including merchandising. Erk calculated 4 more tours through 2024. Projected Income to MJ -- Merchandise $79,407,278.


AEG Cross

AEG's attorney Sabrina Strong did the cross examination.

Erk said he spends half of his time doing business management and other half of royalty compliance. Largely, Erk said he made estimations based on touring, but he is not a tour manager. Erk testified he prepared tour budget before. But in his deposition, Erk said tour budget was not part of his responsibilities.

Strong said Erk estimated MJ would do 260 shows for TII tour, plus 4 more tours after that. She asked if that wasn't too much. He said no.

Strong questioned Erk's expertise in tours, endorsements, merchandising, Las Vegas shows. Erk: I relied of what should've been an expert, AEG's numbers. Erk never met Michael Jackson. Strong asked if Erk had personal conversation with MJ about his future plans. He said no.

Erk's firm has spent 650-700 hours for total efforts of all the employees in the company, including his 200 hours, in this case.
Strong: Had MJ not died in 2009, you estimate he would've gone on tour 3 more years, 4 more tours after that until age 66, correct? Erk: 4 more tours, until age 66, was my professional opinion.

"The show was called This-Is-It, he was going to blow it out," Erk said, adding MJ planned on earning as much money as he could. Strong: At the time MJ passed away, TII was expected to be 50 shows, correct? Erk: First leg, yes. Erk said TII sold 750K tickets in 5 hours, 525K people waiting to buy tickets. "Never done before, never done again," Erk testified.

Erk said he had triple fusion surgery just before giving deposition.

"Had he lived, I believe he would've performed the shows," Erk testified. "I believe had he lived he would've taken the stage."

For his projections, Erk assumed MJ was in good health. Strong: Did not consider MJ was taking Demerol in a regular basis? Erk: No, I did not. Erk said he didn't consider MJ's use of Propofol, drug abuse. "I'm not aware he was a drug abuser" Erk said; didn't review medical record. Erk said he would not have changed his opinion if he knew MJ was using Propofol.

Strong asked Erk if he knew MJ was ordered to pay $5 million in breach of contract for backing out of the Millennium Concerts. Marcel Avram was the promoter. "And he also spent some time in jail," Erk said. Strong showed a judgment Avram v MJ for breach of contract. "Did Mr. Jackson break the Jan. 14, 1999 contract by failing to perform the Millennium Concerts?" Jury answered "Yes.". There was $5.3 million in judgment for breaching contract. Erk said he didn't even know about this judgment, didn't use it in his opinion. Strong laid out several lawsuits MJ had for failing to perform. Erk said he had not reviewed any of the prior lawsuits.
Strong: Did you take into account any of his prior failed projects? Erk: No. He needed to work. Erk said he didn't consider the fact MJ didn't tour/perform in 12 years or Prince's testimony that his father didn't want to tour anymore.

AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis. "He needed to work," Erk said. (AP)

Strong played KJ's deposition. She said he was a bit surprised with MJ going on tour since MJ didn't want to do Moonwalk on stage at 50. (ABC7) On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else." (AP)

Strong asked if Erk's opinion was based on pure speculation. Erk said it was not speculative, he had reasonable assurance MJ would perform.

Strong: Mr Erk, are you aware Mr. Jackson generally spent more than $570K a month to live between Jan 2000-June 2009? Erk: I don't know that. Erk relied on a memo to come up with MJ's monthly consumption. It has handwritten notes amounting to $570k. Strong said there's testimony MJ was a heavy traveler, used charter planes and stayed at the finest hotels, would take over entire wings. Strong also said MJ spent $435,000 on air fare and hotels in two months period in early 2000s. (ABC7) Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s. (AP) He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential. (AP)

-------------------------------------------

After jury left, Panish said he wanted to put on the record that AEG didn't know if the $5.3 million judgement was ever reversed on appeal. Panish asked if he should present all the lawsuits AEG has been a defendant, like the boy who fell and died at Staples Center. "I certainly hope it is final judgment," judge said, adding she doesn't want to have to undo anything.

Attorneys discussed future calendar, it looks like jurors are having problems and need time off. Apparently in August and September, there will be a lot of days off. There are 3 weeks with only 2 day of session scheduled. Judge said mid-September has school starting, "it is just the nature of the beast."

Panish said he will try to finish this week. Witnesses to come: Erk, an economist, Dr. Brown, Katherine Jackson and maybe Tom Barrack. Judge told defendants' attorneys to be prepared to start their case in chief on Monday.

Zusammenfassung von Ivy, MJJC #51

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Day 47 - zeugen Taj Jackson; Arthur Erk, Jacksons expert CPA


Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7

[Lena]

Ausschnitt der Deposition von Kathrine den AEG gestern im Gericht vorspielte (siehe Post 222)

[Christine3110]

Michael Jackson wäre Milliardär geworden

Der verstorbene Musiker Michael Jackson hätte mit seiner mehrjährigen weltweiten Konzerttour über eine Milliarde Dollar verdienen können. Das glaubt zumindest ein Experte für Musikerfinanzen.

Und wenn er nicht gestorben wäre, sagt ein Gutachter, hätte Michael Jackson eine märchenhafte Summe verdienen können: Mehr als 1,1 Milliarden US-Dollar (gut 840 Millionen Euro) wären für den US-Sänger bis zu seinem 65. Geburtstag drin gewesen, hat Experte für Musikerfinanzen, Arthur Erk, nach US-Medienberichten vor Gericht in Los Angeles ausgesagt.

Jackson hätte diese Summe Eck zufolge einnehmen können, hätte er eine mehrjährige, weltweite Konzerttour absolviert und eine Show in Las Vegas auf die Beine gestellt. Bei einer Annahme höherer Ticket-Preise seien sogar bis zu 1,5 Milliarden US-Dollar (rund 1,15 Milliarden Euro) denkbar gewesen.

In einem Zivilprozess klagt die Familie des Sängers gegen den Konzertveranstalter AEG. Es geht um die Frage, ob der Konzertpromoter die Gesundheit des Sängers aus Profitsucht aufs Spiel setzte. Die Anwälte des Konzertpromoters machten bei der Verhandlung geltend, dass Jackson nie eine derart lange Tournee absolviert habe.

http://www.n24.de/n24/Nachrichten/Panorama/d/3192318/michael-jackson-waere-milliardaer-geworden.html

16.07.2013 | 07:54 Uhr rct, DPA

[Lena]

Der Jackson-Experte Erk schätzt das MJ rund 1,1 bis 1,5 Milliarden verdient hätte wenn er eine weltweite Tournee absolviert hätte und eine Las Vegas-Show erschaffen hätte. Erks Schätzungen baiseren weitgehenst darauf dass MJ 37 Monate auf Tournee gegangen wäre und 260 Konzerte absolviert hätte.
AEG-Live-Anwalt Starke befragte Erk im Cross darüber, dass Jackson noch niemals eine solange Tournee gemacht habe und keine Tour mehr seit einen Jahrzehnt gemacht hatte und führte zudem Rechtsstreitigkeiten an, die zur Cancellungen von 3 Ereignissen führten. Erk meinte das spiele keine Rolle. "Er musste arbeiten". Im Cross spielten die AEG-Anwälte auch Teile von Kathrines Depositon vor in dem sie mitteilte ihr Sohn wollte nicht mehr touren und sie sei überrascht über die Ankündigung der TII-tour-gewesen. AEG führte zudem an, dass Erk nicht Jacksons rund 400 Mio. Schulden oder seinen aufwendigen Lebensstil berücksichtigt hat.


Expert: Jackson would have earned $1B on comeback.Like
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ANTHONY McCARTNEY 4 hours ago
Arts & EntertainmentCelebrities.LOS ANGELES (AP) — Michael Jackson could have earned $1.1 billion or more if he had performed a worldwide concert tour and created a Las Vegas show before his death, an accounting expert familiar with the singer's earning potential told jurors Monday.
Arthur Erk, a certified public accountant who conducts royalty audits for musicians, told jurors that Jackson might have earned $1.5 billion for the shows if he had charged higher ticket prices during later shows on the "This Is It" tour.
Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour.
AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis.
"He needed to work," Erk said.
His testimony was meant to show jurors the superstar's earning potential in the case brought by Jackson's mother against concert promoter AEG Live LLC.
Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have embarked on a lengthy tour.
."View gallery
FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of …On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Erk's figures also account for an estimated $134 million the singer would have likely spent before retiring from show business at age 65, Erk said. He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential.
Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s.
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Erk said Jackson contemplated doing a Las Vegas show based on his music and archival footage that would have generated new royalties for the singer. He estimated the show would last 10 years.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega. Erk will not offer any estimates on how much Jackson may have earned if he had a successful film career.
Erk is testifying as an expert witness. The accountant also performed royalty audits on companies that released Jackson's music during the height of his popularity in the 1980s, he said.
___
Anthony McCartney can be reached at http://twitter.com/mccartneyAP .
.

[geli2709]

The Jacksons vs. AEG Live — Zeugen der Jacksons, 35. Teil

14. Juli 2013

Am Donnerstag wurde Michael Jacksons Neffe und Titos Sohn Taj in den Zeugenstand gerufen. Dessen Bruder T.J. hatte bereits am 30. Juni ausgesagt (siehe hier http://www.jackson.ch/the-jacksons-v...ksons-30-teil/). Taj sprach unter anderem über die herzliche Beziehung zwischen Michael und seinen drei Kindern. Um die liebevolle Beziehung näher zu illustrieren, wurden den Geschworenen unter anderem zwei handschriftliche Notizen vorgelesen, die man nach Michael Jacksons Tod in dessen Schlafzimmer gefunden hatte (für die Kopie der Originale siehe hier http://www.nydailynews.com/entertain...icle-1.1396997). AEG erhob Einspruch gegen die Zulassung der Notizen als Beweismaterial, da nicht ersichtlich wäre, von wann diese stammten. Dem Einspruch wurde jedoch nicht stattgegeben.

Die eine Notiz stammte von der damals 11-jährigen Paris Jackson: “Lieber Daddy, ich liebe Dich so sehr & ich bin so glücklich, dass ich eine Gutenachtumarmung bekommen hab. Schlaf gut. Ich liebe Dich und gute Nacht. Bis morgen. XOX gute Nacht. Viel Liebe Paris Jackson”. Die zweite Notiz stammte von Michael selbst. Er schrieb: “Worte von Blanket, meinem Sohn, 6 Jahre jung. ‘Was sind Deine Lieblingsbuchstaben, Daddy? Meine sind ‘G’ für Gott und D für Daddy’. 6 Jahre alt. Blanket”. Diese Notiz, so die Anwältin der Jacksons zu den Geschworenen, zeige insbesondere, wie wichtig Michael seine Kinder waren; denn er hatte sich die Zeit genommen, die Worte seines jüngsten Sohnes niederzuschreiben.

Die liebevolle Beziehung zwischen Michael und seinen Kindern ist insofern von Bedeutung in diesem Prozess, da falls die Geschworenen AEG Live für den Tod von Michael Jackson haftbar machen, sie den emotionalen Verlust, den die drei Kinder dadurch erlitten haben, mittels eines Geldbetrags bemessen müssen.

AEG Live hatte sich übrigens erneut ein riesen Ei gelegt am Donnerstag. So hatte die AEG Anwältin im Kreuzverhör Nancy Grace, eine TV-Reporterin, mit Grace Rwaramba, dem ehemaligen Kindermädchen der Jacksons, verwechselt. Taj hatte gerade die enge und liebevolle Beziehung zwischen Michael und seinen Kindern beschrieben, als ihn die AEG Anwälten fragte, ob er denke, dass Grace Rwarambe manchmal unehrlich war. Die Jackson Anwälte erhoben zuerst Einspruch gegen diese Frage, da sie nicht relevant sei für diesen Fall. Die Richterin gab dem Einspruch jedoch nicht statt und sie wies Taj auf, die Frage zu beantworten. “Ich habe sie nicht als unehrlich empfunden”, so Taj. Die AEG Anwälten zeigte daraufhin eine TwitLonger Nachricht von Taj, die — so dachte sie zumindest — die Aussage von Taj hätte diskreditieren sollen. In jener Nachricht vom 11. Dezember 2011 hatte Taj darüber geschrieben, wie ihm der Journalist Roger Friedman zuwider sei. Er nannte ihn “Anti-Jackson” und eine “falsche Schlange”. Zudem schrieb Taj darin: “Sorry… aber es gibt da ein paar Leute, die mich echt anwidern. Und für mich gehört er in die gleiche Kategorie wie Grace, Dimond und Bashir”. Ob diese Nachricht nun sein Gedächtnis aufzufrischen vermochte, fragte die AEG Anwältin Taj. “Das ist nicht das Gleiche. Damit ist Nancy Grace gemeint!”, stellte Michaels Neffe richtig. Der Gerichtssaal brach in lautes Gelächter aus und er brauchte ein paar Sekunden, bis wieder Ruhe eingekehrt war. Wenn man bedenkt, was für sie alles auf dem Spiel steht, macht AEG Live seit Prozessbeginn im April so einen amateurhaften, wenn nicht sogar schlichtwegs dummen Eindruck. Man kann es kaum glauben.

Am Montag soll ein weiterer Experte für die Jacksons aussagen: Buchhalter Arthur Erik. Wie es heisst, soll die Jackson Seite nächste Woche ihre letzten Zeugen befragen. Anschliessend ist AEG Live mit ihren Zeugen dran. Wir dürfen ja gespannt sein, wie sie sich vorstellen, das Ruder noch umdrehen zu können – vor allem wenn sie so weitermachen wie bisher. AEG Lives Konkurrenz lacht sich ja kaputt, wenn sie diesen Prozess soweit mitverfolgt hat. Und sie können sich dieses Jahr definitiv viel Marketing und hohe Werbekosten ersparen.

Quellen: jackson.ch, cnn.com, nydailynews.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ons-35-teil-2/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 47 – July 11 2013 – Summary

Katherine Jackson is in court.

The judge reversed her earlier decision not allowing Jacksons to show the handwritten notes based on hearsay. Jacksons' attorney Debra Chang successfully argued that the notes would be admissible under state and federal evidence code 1250. Chang said there's an exception if it reflects a feeling, emotional or physical reaction. Judge agreed. One note reads: Tohme away from my $ now No contact Where's my house (underlined twice). (ABC7)


Taj Jackson Testimony

Jackson direct

Deborah Chang, attorney for the Jacksons, doing direct examination.

Plaintiff’s attorney Deborah Chang did the questioning and asked for a refresher on his role in the family. Taj is Tito Jackson’s oldest son and Michael Jackson’s nephew. He described Michael Jackson as a “father figure” to him, his brothers. (AP)

Taj: Some people would argue we were his (MJ) children before he had his children. "He was definitely our mentor, everything we did in life we kind of geared to what he was doing," Taj explained. (ABC7)

Taj said he has several handwritten notes from MJ that he saved as keepsake. Note MJ wrote: Taj, I love you all and am proud of you. PS. please rehearse. Taj said it is written in a Neverland stationary, has the logo at the bottom. "He wrote various notes to me like this," Taj said. "That was probably from my mom telling him we were not rehearsing that much." Taj was the piano player. MJ bought him his first instruments. (ABC7)

Chang showed a picture of MJ getting his Hollywood Walk of Fame star. Taj and TJ were present. (ABC7)

Taj gave lots of recollections about his uncle and how he mentored him. “He was a perfectionist when it came to his craft, whatever it was.” He recounted how Jackson sang with 3T on the “I Need You.” He said his uncle came into 3T’s studio to record vocals after his own session. Taj said Michael Jackson’s voice was spent from recording a rock song that day, but he performed his part of the song in one take. He also recounted his uncle working with his nephews to teach them about what makes great music. Jackson played the song “She Drives Me Crazy” by the Fine Young Cannibals for Taj, his brothers, so they could learn to listen to music. Taj also mentioned that his uncle kept up with new artists and liked finding new collaborators. He cited MJ’s song with Akon. (AP)

Taj said MJ would ask him to watch his kids when he needed. He was also in charge of MJ's storage. "It would be foolish not to ask his advise," Taj said, explaining they could, and would, ask anything they wanted. "He picked out a lot of our songs, some we didn't like that much and he told us why they were important," Taj testified. Taj: He was a perfectionist when it came to his craft. He would study, study, study, and tell us to study the greatest, top 10 singers. "The demo sounded a little old fashioned, we couldn't hear what he was hearing," Taj said about "I Need You" song. Taj said they were recording down the street from MJ's recording studio. His uncle lent his voice to the end of the song. Taj: What's most amazing, it was all in one take, he didn't try again, all you hear was all in one take. The song "I Need You" was a success for them. Chang played a snippet of the music video. MJ was not part of it, just his voice. "We were always trying to do what our uncle was doing," Taj said, mentioning the choir in the song. Taj said MJ would tell him 'you have to carry on the legacy, carry on the torch when I retire.' Michael taught Taj and his siblings to listen to the same music several times and hear different instruments each time. "I don't want to give out too many secrets," Taj said, laughing. Taj: For him it was about studying, that's what we learned as well. I started at 12 years old, but didn't start 3T until I was about 19. Taj said he and MJ share their mutual love for music and movies. They would watch it in different ways, once without sound, then with sound. "It was kind of intimidating to me," Taj said, since he didn't know much about movie and said he needed to learn a lot to become a filmmaker. Taj said the robot transformer in the "Moonwalker" film was in their honor, because they loved the transformers. "He was constantly studying and reading about directing, he knew it back and forth and would test us," Taj said. MJ hired a USC professor to teach him movie directing. Taj said the children also learned from the professor. Taj said MJ loved King Tut, he loved Egypt, egyptian culture. MJ wanted him to study 3D, Taj said, since he loved the technology and wanted to do things with it. He wanted Taj to master it. Captain EO was directed by Francis Ford Coppola and is playing at Disneyland. It's a 3D science fiction film with MJ's music. (ABC7)

After discussing films, Chang asked Taj about his uncle’s interest in films. Taj recounted being on the set of “Captain Eo.” Taj said he wished he had paid more attention, since Francis Ford Coppola and George Lucas were involved. Taj said a scene in Jackson’s “Moonwalker” was inspired by his love of the “Transformers” cartoon. He said Michael Jackson would study film, and even was taking a class from a USC film school teacher. Taj said his uncle was interested in several films, including one based on King Tut, another called “Chicago 7” and an updated “Thriller”. He said Jackson told him to study 3D filmmaking. Michael Jackson “loved the technology” and wanted to do “groundbreaking” work with it. (AP)

Taj said he would stay with his uncle weeks at times. He said he lived at Neverland for about a year, majority of times with his uncle. Taj said he witnessed MJ writing notes to himself. He said he learned it from his uncle and keeps notes himself nowadays. "He liked to conduct meetings usually over the phone," Taj said. MJ would keep the phone on speaker so Taj would learn the business dealings.Taj estimated over 100 meetings over the phone, probably over 20 in person. Michael believed in "What you conceive, you believe, you achieve," Taj testified. Taj said MJ would write down his ideas and what he wanted to achieve. He would see his uncle write on anything he could write. Chang showed picture of a mirror with several notes hang on it. "Michael was very sentimental," Taj said. Taj said MJ kept several items as mementos. Taj ran through a window at Neverland when he was 3 and MJ kept the blanket he was wrapped in. (ABC7)

After discussing films, Chang asked Taj about his uncle’s custom of writing notes. He said his uncle had a system of taking notes. Taj said some of the notes and writings Michael Jackson kept were sentimental. This included keeping his sister Janet’s report card. They showed some of Jackson’s inspirational notes, which included one that read, “Love No Violence Ever.” He said he saw hundreds of these notes, both when he lived at Neverland Ranch for a year and after his uncle’s death at his mansion. There were several notes that Taj authenticated were written by his uncle, but they weren’t shown to the jury. AEG Live wants to argue against allowing the notes to be shown to the jury. Jackson’s attorneys want them shown. The notes will be used by an expert for the plaintiffs who will estimate the damages if AEG Live is found liable in the case. (AP)

Taj explained the system MJ had in his life. Types of Documents 1- Inspirational ("Law of Attraction") 2- Loving Keepsakes (notes) 3- "To Do" Topics to Cover During Meetings to Have Others Do. Taj said after MJ died he went to Carolwood house to collect some of MJ's belongings. He said he wanted to keep them for his cousins. Taj said when his mother died, he lost a lot of things either in storage or they were auctioned off and it was very painful for them. Taj retrieved a box of documents from MJ's storage. The attorneys stipulated some of the notes were MJ's handwriting. (ABC7)

Taj said he's familiar with Paris' handwriting, has seen her doing homework. Note from Paris to MJ: Dear Daddy, I love you so much & I'm so happy I got a goodnight hug. Sleep well, I love you & good night. I'll see you tomorrow! XOX, goodnight and lots of love. Paris Jackson. (ABC7)

parisjacksonnote-web.jpg

Note Michael wrote to himself: Words of Blanket my son 6 years young "What's your favorite letter Daddy? Mine is "G" for God and "D" for Daddy" Age 6. Blanket. (ABC7)

blanketnote-web.jpg

AEG Cross

AEG attorney, Kathryn Cahan, is doing cross examination.

Taj said he was the one family member who spent the most time with MJ (out of his cousins and extended family.) Taj visited MJ in every tour he did: Triumph, Victory, Bad, Dangerous and HIStory. He stayed at the hotels with MJ's, went to his room. (ABC7)

She asked Taj about all the time he spent around Jackson. She asked Taj about staying with his uncle on tours. Cahan asked if he ever saw drugs in his uncle's hotel rooms. Taj said no and he never saw MJ use drugs, or under the influence of any meds. (AP)

Cahan: Did you ever see any signs of MJ using drugs? Taj: No (ABC7)

Cahan then asked how often Taj saw his uncle in late 2008-2009. Taj said he saw him once at Bel-Air hotel, and again at an anniversary party. Taj also said he talked to his uncle when he was trying to stop an auction of his possessions. (AP)

In 2008, MJ was living in Las Vegas. Taj saw him regularly during that time. "He was definitely happy and healthy, yes," Taj testified. Taj said that after living in Neverland, MJ went overseas and then to Las Vegas. Taj saw MJ maybe twice, when he was at the Bel Air Hotel. (ABC7)

Taj said he never saw MJ use drugs. "I didn't even know he had moved," Taj said about MJ moving in to Carolwood house in 2008. The last time Taj saw MJ alive was in May of 2009 during his grandparent's 60th anniversary party. He never went to the Carolwood house. Taj said that when they learned MJ was going on tour, they stayed away and gave him space. They knew they could be a distraction for MJ. (ABC7)

"I know MJ was on the phone once to stop an auction," Taj said. Call wasn't to Taj though, he doesn't recall talking to MJ on the phone. Taj heard MJ was recording an album for the news or family members. The album started in 2008, Taj said. "He was constantly recording and writing," Taj said. "He juggled a lot of things." (ABC7) Cahan asked how Taj knew MJ was recording new music. He said he thought he heard about it on the news or from relatives. Taj added that Jackson was always working on new music. “I don’t think he would have stopped recording.” (AP)

Cahan asked several questions about storage lockers that Michael Jackson wanted his nephew Taj to be responsible for. Taj said his uncle wanted him to be responsible for the storage lockers and wanted to transfer them into his name. He said his family lost many of his mother’s possessions after she was killed due to a lien, and his uncle didn’t want the same to happen. One of the facilities, the largest, housed items from Neverland Ranch. Two smaller ones had personal keepsakes, Taj said. Asked why Jackson would want his possessions transferred over, Taj said there were “very few people my uncle trusted.” “He had been betrayed his whole life. He knew he could trust me,” Taj Jackson said of his uncle Michael. He said reluctantly agreed to let his uncle pay him to take care of the storage units. (AP)

Taj said MJ wanted to put the storage facilities in Taj's name. Taj: There were very few people my uncle trusted. Taj: He had been betrayed his whole life. He knew he could trust me and if something happened to him I would do the right thing. Taj said his mom did the same thing, put her valuables in a safe. However, his mom's possession in the storage locker were auctioned off. Taj: A company sued our family for not performing at a certain event and they put a lien on the storage. Taj: The storage unit got tied up and unfortunately we became the victims of it. Taj said MJ had sentimental things in the storage that he wanted to keep for his children. Taj said the storage was full with stuff from Neverland. It had furniture, arts, arcade games. MJ had 2 storage lockers. One in Vegas is half of the size of the courtroom (30x37 feet) and the one in Buellton was at least 4 times bigger. Cahan asked if Taj was being paid to take care of MJ's storage. He said at first he didn't want to get paid, but MJ insisted. (ABC7)

"Everyone else is making money off of me, I want to take care of my family," Taj said MJ told him. (ABC7)

Taj said he doesn't think MJ wanted to live at Neverland again. "It felt violated in a way, the purity of it. It didn't feel the same." (ABC7)

Taj doesn't know when he went to Carolwood house. Rebbie and her daughter, Janet, Katherine, possibly Trent and 1 of his brothers were there. Taj doesn't remember seeing La Toya that day. "It's a time I'd rather forget," Taj said. Taj testified the house seemed normal, not messy. Taj went to MJ's bedroom on the second floor. Cahan asked if MJ was messy. Taj said he wasn't trying to defend his uncle, but understood him. "When you travel a lot, living out of luggages, it's messy," Taj testified. "It looks like my place now," Taj said, laughing. Taj doesn't remember who handled him the box. It was a cardboard storage box. Taj: The idea of going there was to preserve the stuff. It's something someone can sell on eBay for hundreds of thousands of dollars. He said it could be seen it was documents, that he threw in some stuff as well, but 95% of the stuff was already in the box. Taj said he only stayed in his uncle's master bedroom, closet and bathroom. "The box was given to me in the master bedroom, I just assumed the documents were from that area," Taj said. "It was traumatic enough to be in that room so I just wanted to get out of there quickly," Taj recalled. (ABC7)

Cahan then asked about Taj going to his uncle’s mansion after he died. He received a box of documents while there. Taj said he also picked up some of his uncle’s motivational notes. He said he didn’t remember who handed him the box. There was a lot of discussion about the box, and then Cahan moved on to questions about two computers that Taj received at a later time. (AP)

Taj took the box to his house. He said he skimmed through some of the documents. This was in the Summer of 2009. Taj turned over the box of documents to Sandra Ribera, one of the Jacksons attorney early this year. The lawsuit was filed in 2010, Cahan said. Taj: "I don't even know they remembered I had the box." "I protected that box with my life," Taj said. He kept it hidden in his closet of his house. He turned over the entire box to his lawyer. (ABC7)

(Attorneys in the hallway said judge asked for it because she wanted to know why they were spending so much time on the computer issue. Judge said the computer stuff had already been litigated during pretrial. ABC7)

The Mac computers were given to Taj by LaToya Jackson’s business partner at the family’s Encino home, he said. Taj said one contained music and was turned over to Michael Jackson’s estate. The other one was used by security at MJ’s mansion. The second computer was password protected and was apparently used by MJ’s assistant, Michael Amir Williams. Taj said he asked Williams for the password and got one, but it didn’t work. He said the estate wasn’t interested in the computer. Taj said he turned over the computer because Jackson’s estate was looking for hard drives with Michael Jackson music. Taj wasn’t sure of the dates when he received the computers, or when he turned the machine over to the estate. They went into a sidebar that the judge requested. Cahan asked a couple more questions about the security computer, but moved on. (AP)

Taj said he was given two computers from the Carolwood house. One was a computer with music, one was a computer used by the security team, Taj said. Jeffrey Phillips, business partner of my aunt La Toya, gave him the computers, Taj said. He was at the Hayvenhurst house. "He handed them to me," Taj said. They were Mac Towers. Taj is not sure whether he got the screen as well or not. Taj: It was known Estate was looking for music for MJ's new album. I'm assuming Jeffrey knew I was helping Estate out in that aspect of it. Taj is still working with MJ's Estate. Taj: I turned 1 of them on, it had music files. Turned the other one on and had log in request, with Mr. Amir's name, asking for a password. Taj could not access it, since he didn't have the password. "The Estate was looking for 4 hard drives with music in it," Taj said. He thought that's what was being given to him. The music computer was given to the executors of Michael's estate, Taj said. Taj said he called Michael Amir Williams but the password he gave him didn't work. Michael Amir said there was no music in that computer. The Estate, thus, was not interested in the security computer. Taj said he left the security computer at Hayvenhurst house. He hasn't seen the computer since. (ABC7)

Cahan asked Taj about his uncle’s movie aspirations. Taj said the last time he saw his uncle, MJ told him, “After this, we’re doing films.” Jackson’s statement was made in May 2009 at a 60th anniversary party for Joe and Katherine Jackson, Taj said. Cahan asked Taj whether his uncle ever mentioned he wanted to partner with Kenny Ortega on films. Taj responded that wasn’t surprising, his uncle wanted to partner with Peter Jackson and other filmmakers. (AP)

After "TII" tour ended, MJ and Taj would make movies. "I think when TII ended, he would've shifted his focus to films primarily," Taj said. MJ's son, Prince, was going to make movies with them too. "I'm sure more powerful people would be involved too, not just us," Taj said. "His last words to me: After this, we're doing films," Taj recalled. Cahan asked if MJ ever told him he wanted to partner with Kenny Ortega, not him, to make "Thriller" 3D movie. Taj: I'm sure he would partner with, he wanted to partner with Peter Jackson at one point. I wasn't exclusive to him. (ABC7)

Cahan asked a few questions about Taj’s music career, then moved on to questions about Michael Jackson’s kids. Cahan asked about Taj’s relationship with Prince, Paris and Blanket. He said he has been there for him since their father died. (AP) The last 3T album was in 2003. "We dropped everything after Michael passed to be with his kids," Taj explained. "Code Z was kind of my homage to my uncle," Taj said. "We did kind of zombie tribute to him." It was a fake trailer, not made into movie yet. (ABC7)

Taj said he was planning to go to London to see his uncle Michael performing. (ABC7)

MJ had his own record label, MJJ. Taj said MJ was concerned in putting 3T under his label in case something went wrong they would blame him. (ABC7)

Taj has spent a lot of time with MJ's children after his passing. "We've been a unit," Taj said. Cahan: Has Debbie Rowe gotten back involved with the children? Taj: Yes. "She started a relationship with Paris, that's as far as I know," Taj said. Rowe is Prince and Paris' biological mother. (ABC7) The attorney then asked about Debbie Rowe and whether she had become involved in the children’s lives recently. Taj: “From what I know, yes.” Cahan: “She’s Prince and Paris’ mother, yes?” Taj: “Biological mother, yes.” Taj said Rowe had started a relationship with Paris, as far as he knew. The plaintiffs then asked for a sidebar. (AP)

Plaintiffs asked for sidebar since judge ruled that no parentage question were to be asked. AEG said Debbie Rowe is the kids' biological mom. Judge read admonition to jury. She said there was a question regarding the status of Debbie Rowe's relationship with the children. Judge said they are only to consider the relationship between Michael and the children when assessing damages, if any. (ABC7) The plaintiff’s side had said before going into chambers that the mention of Rowe’s status was a violation of a pretrial order. After court, AEG Live defense attorney Marvin Putnam said it was paternity that was subject to the order. (AP)

Cahan then asked about Taj’s Twitter account, and questioned him about nanny Grace Rwaramba and whether he thought she was honest. Taj responded yes in response to a question asking whether Grace was truthful. Cahan then wanted to show a post from Taj’s Twitter account. It was a Twitlonger post urging people not to give credibility to a report by Roger Friedman. He mentioned a Grace at the end of the post. After reading it, Taj said, “That’s not the same. That’s Nancy Grace.” There was laughter in the courtroom. (AP) Cahan asked Taj if he thinks Grace Rwamba is a truthful person. "Yes," Taj answered. Grace Rwamba was the children's nanny. Cahan then showed Taj a tweet he sent in 2011. "That's not the same Grace," Taj said. "That was Nancy Grace!" Everyone started laughing.

Taj was released subject to recall.


Arthur Erk Testimony , Jacksons expert CPA

Jackson direct

Arthur Erk. He's a CPA for Citrin Cooperman, partner in the firm in New York. Erk is in the entertainment group, handle finances for entertainment. "Music happened to be my particular specialty," Erk said. Erk said they have 10 sports clients in football and baseball. He became a CPA in 1978. Erk described his extensive background in the industry. He has worked with rock back Kiss, did royalty audits. (ABC7)

"I was retained to calculate MJ loss of future earning capacity due to his untimely leave," Erk said.The categories in Tier 1 that Erk analyzed was Touring, Merchandising, Sponsorships and Endorsement, Las Vegas and Royalties. MJ wanted to have a team show in Las Vegas based on Neverland. Erk calculated its earning, use of music for royalties. (ABC7)

Zusammenfassung von Ivy, MJJC #49

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 -forts. zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega

Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7
Deposition transcripts filed with the court.
Note : these are not the full depositions, they are only the portions played in the court.
Dr. Stuart Finkelstein Deposition video transcript
Dr. Earley Deposition video transcript
Tim Leiweke Deposition video transcript
Randy Phillips Deposition video transcript
Quelle Ivy, MJJC #50