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

[rip.michael]

Jacksons vs AEG - Day 46 – July 10 2013 – Summary

Katherine and Trent Jackson are in court


Kenny Ortega Testimony


Jackson direct

Ortega said he didn't review anything since yesterday. (ABC7)

Ortega received a daily rate to work in The Rolling Stones tour. The amount was negotiated/set by his agent. (ABC7) Plaintiff’s attorney Brian Panish asked Ortega about how he was paid when he worked with the Rolling Stones. Ortega said he got a per diem. (AP)

AEG is paying for Ortega's attorney in this case and he's getting a witness fee of $35/day (ABC7). Panish then asked whether Ortega was being paid by AEG for his testimony. Ortega said no.(AP)

At the start of his testimony, Kenny Ortega was asked about the phrase “pull the plug” in reference to “This Is It” shows. Ortega said it’s a phrase he uses, but he didn’t recall AEG Live CEO Randy Phillips using it re: “This Is It.” (AP)Panish: Pull the plug, is that a term you use? Ortega: Yes. Panish asked if Ortega suggested to pull the plug on MJ. Ortega responded: "I may, not regarding MJ, but the show." Panish: Did Mr. Phillips talk about pulling the plug? Ortega: I don't know if he used that terminology, but we did discuss stopping the show. The discussion happened when MJ was absent from rehearsals, Ortega said. The director wrote an email suggesting to stop the show. Ortega said he discussed with Phillips if things didn't change they might've to stop show."Without Michael I don't know how we can continue". Panish: Did you use term "pull the plug?" Ortega: I may have. (ABC7) Jackson had missed "a good week" of rehearsals and the only way to reach him was through Dr. Conrad Murray Ortega said. "We discussed that unless things changed," they might have to "pull the plug" on the tour. (CNN) Ortega initially said he thought that he and Phillips discussed stopping the show, but then clarified. Ortega: “I don’t think we discussed stopping the show. I think we discussed that unless things changed, we might have to.” (AP)

Panish asked Ortega whether he was aware of AEG Live execs wanting to “pull the plug” on him. He said he wasn’t. (AP)

About email Ortega sent Gongaware asking if he knew Dr. Murray ordered MJ not to rehearse, Ortega said he wanted to alert AEG about it. Panish: Have you ever been on a show where doctor told artist not to rehearse? Ortega: I think I worked in a show where artists were sick. (ABC7)

After a poor rehearsal on Friday, June 13, and a missed rehearsal the next day, Ortega expressed his concern in an e-mail to AEG Live co-CEO Paul Gongaware: "Were you aware that MJ's Doctor didn't permit him to attend rehearsals yesterday? Are Randy and Frank (DiLeo, another Jackson manager) aware of this? Please have them stay on top of his health situation without invading MJ's privacy. It might be a good idea to talk with his Doctor to make sure everything MJ requires is in place." The AEG Live executives later told him they met with Murray and put him in charge of getting Jackson to rehearsals, Ortega said. The director said he was told that if he needed to know if Jackson was coming to a rehearsal, he should call the doctor. Ortega was given Murray's cell phone number, which he said he programmed into his own phone. After Jackson was a no-show for another week, Ortega had a 30-minute conversation with Murray."I was told he was creating the schedule and the schedule wasn't working," Ortega testified. "He was my lifeline, so to speak." Ortega said he was venting his frustrations with Jackson and was "crying out." (CNN)

Email on June 14, 2009 from Ortega to Gongaware: Paul, MJ did not have a good Friday and he didn't show on Saturday. He has been habitually late (the norm). I realize he's up against a lot. I have ton of love/sympathy 4 what he's been through We must do all that we can as a team to stay on top of his needs everyday. He required more attention and management. As I mentioned I truly believe he needs nourishment guidance & physical therapy (massage) for his fatigued muscles & injuries He is not in great physical shape. I believe he's hurting. He has been slow at grabbing hold of the work. We have twenty days we can't let him slip. I'm doing all I can every day 2 build up his confidence & to create schedule that will help 2 ready him and to arrive us at our goals. Every time he is late or cancels it chisels away that possibility. There can be no more calls 2 Travis asking him to come to the house. MJ needs to be told that it's time to get real. He must take care of himself so that he can meet the schedule or there are going to be consequences. We need a healthy, rested and ready MJ at the Forum and Staples for all the remaining rehearsals as well as the few we have at the O2 in July. Thanks, KO (ABC7)

Kenny Ortega discussed emails he sent on June 14, 2009 regarding Jackson’s missed rehearsals, poor condition. Ortega email snippet: “He is not in great physical shape. I believe he’s hurting. He has been slow at grabbing hold of the work.” This email was sent roughly a month before “This Is It” was scheduled to premiere at the O2 Arena. Ortega said he had serious concerns at this point whether or not the “This Is It” shows would happen. (AP)

Ortega said he just wanted to make sure MJ had all health benefits available to be able to do the show. (ABC7)

Email on Jun 14, 2009 from Gongaware to Ortega: Frank and I have discussed it already and have requested a face-to-face meeting with doctor. We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him. (ABC7)

As to Gongaware's email, Ortega said he didn't know whether he discussed it with Gongaware. (ABC7)

Panish: Would it be fair to say as of June 14, 2009, you thought the show was in jeopardy? Ortega: Yes
Panish: Would it be fair to say as of June 14, 2009, everyone was under pressure? Ortega: Yes (ABC7)

Panish asked if Payne ever told Ortega MJ looked assisted when coming 2 rehearsal. Ortega said he doesn't remember if he used that word. Ortega said he understands being assisted to mean under the influence of something. (ABC7) Ortega was then asked about Jackson showing up to rehearsal and being under the influence of something. He said he didn’t recall Travis Payne telling him Jackson looked “assisted” but he doesn’t dispute it happened.(AP)

"I don't have any idea in which capacity, but I knew he was, he was introduced to me as his doctor," Ortega said about Dr. Murray. (ABC7)

Ortega said he doesn't recall the conversation with Payne about MJ being treated for sleeping problems. He doesn't dispute that he may have. Ortega: I believe I was under the impression Michael was seeing doctor. I believe when he showed up like that he had been to a doctor. "I just didn't need Mr. Payne to make me aware of it," Ortega said, explaining he could see the problems himself. Panish: You saw, at least 4 times, MJ come to rehearsal in a condition you'd describe as under the influence? Ortega: Yes. Ortega said he's not a specialist in drug addiction. Panish asked if he had discussion with Payne about it. Ortega: I don't recall the conversation, but most likely yes, I'm not disputing his testimony. (ABC7) Ortega said he saw Jackson under the influence of something _ he didn’t know what _ during at least 4 rehearsals. Panish: “It was fairly obvious, wasn’t it?” Ortega: “Yes.” (AP)

Panish: Do you know if at this time AEG had sick cancellation? Ortega: No. Ortega said he had been insured for big events, like the Olympics. He took physical examination for it. (ABC7)

Ortega said Karen Faye, Travis Payne, Alif Sankey, assistants Stacy Walker and James Faris raised concerns about MJ's physical condition. "I don't think everyone spoke about it, but they were aware and concerned," Ortega said. (ABC7) Later, Ortega would identify Payne, Karen Faye, and Alif Sankey as workers who expressed concerns about Jackson being under the influence. The director also said that Stacy Walker, who previously testified, expressed concern. (AP)

Ortega and Faye don't get along on a personal level, Ortega said. "I did think she was looking after Michael's best interests," Ortega said about Faye. She did not keep MJ secluded this time around, though. (ABC7)

Michael Bearden was the musical director in "This Is It" in charge of the music. Ortega said he's top notch, very respected in the business. Panish asked if Bearden was also concerned with MJ's health. "He may have, yes," Ortega responded. Bearden is brilliant, successful musician. (ABC7)

Email On June 16 from Bearden to Ortega: Hey guys! on MJ's lead vocal re-sings. I'm not sure if we're going to get what we need in time. I'd like 2 try 2 get some alternate takes or un-processed leads from the vault if we can. I can go in with M Prince and re-mix the stuff we need on the 22nd (our proposed media day). I we can get everything we need from the vault I can use what we have and take out ad libs and such to try to make it feel new. MJ is not in shape enough yet to sing this stuff live and dance at the same time. He can use the ballads to sing live and get his stamina back up. Once he's healthy enough and has more strength I have full confidence he can sing the majorityof the show live. His voices sounds amazing right now, he just needs to build it back up. (ABC7)

“He wasn't vocal ready yet, not in shape to sing and dance," Ortega said about MJ. Ortega explained MJ was still building back his voice, that's what Bearden was referring, to have power to sing/dance the entire show. This exchange happened about 18 days prior to opening day. (ABC7) Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Bearden in the email wrote that Jackson’s voice was fine, he just wanted strong enough to dance and sing at the same time. (AP)

Response on June 16, 2009 from Ortega I have a 2:30 at MJ's house today with Frank, Randy, Paul and he Doctor. I will add your concerns/requests 2 an ever growing list of items I already plan 2 discuss w/ MJ. The plan is he's joining us tonight for band work. How many individual vocals are we talking about? If he put his mind to it, how long would it take? (ABC7)

"Not necessarily to be done, but things I needed Michael to give his input," Ortega said. (ABC7)

Ortega doesn't remember if he went to MJ's house on June 16. He's not disputing he did, though. "I would call the meeting on the 20th an intervention," Ortega said. "I could've had this meeting, but there were just so much going on, I could've been there on the 16th, I just don't recall," Ortega said. Ortega explained he doesn't remember anyone telling him not to go to the June 16th meeting. (ABC7)

Panish then asked Ortega whether he went to Jackson’s house for a meeting on June 16, 2009. KO said he didn’t remember going to the house. Panish showed Ortega an email indicating he was planning to go to a meeting with Randy Phillips, others. Ortega said he had so much going on at the time, he just doesn’t remember it. “I could have had this meeting,” he said. Panish asked whether things got better or worse after the June 16 meeting at MJ’s house. Ortega said they got worse. (AP)

It was that then that Ortega testified about the night of June 19, 2009 and being “frightened” by Jackson’s condition. (AP) Ortega doesn't recall whether MJ was at the rehearsals on June 16, 17 and 18. He knows MJ was at the rehearsal on June 19. Ortega said MJ arrived at night to rehearse on June 19, probably in the evening around 9 o'clock. "I saw a Michael that frightened me, a Michael that was shivering and cold," Ortega said. Ortega: He, I thought there was something emotionally going, on, deeply emotional, thought something physical going on. He was cold. Panish: Troubling? Ortega: Very troubling As to his physical condition, Ortega said MJ was shivering, just seemed fragile. Panish: Skinny? Ortega: Skinny? No, he wasn't a heavy person to begin with. It wasn't weight I was concerned on, it was his appearance. Panish: Did it appear he had lost weight? Ortega: Yes. "I observed Michael like I had never seen him before," Ortega said. It troubled me deeply, he appeared lost, cold, afraid.". Ortega said MJ was coherent. "I think when he first came in he didn't seem coherent, but when I started talking to him he became better." Ortega: He seemed to warm up and feel a little better, but he wasn't well. Panish: Did you feel something was wrong? Ortega: Yes. Not well enough to rehearse. Ortega: I was in a room, right off the main room. I think MJ was already in the room. Karen called me and asked me to come in to the room (ABC7)

Panish showed picture of MJ's fitting on June 19th and asked if that's how he always looked. Ortega: No. I didn't see him in T-shirt, so I wouldn't know he was that thin. Panish: Is that how he always looked? Ortega: No P: What was different? O: His body, he looked very thin P: A little emaciated? O: Yes. Ortega said MJ was covered when he saw him on June 19th, so he didn't see him like the photo. Panish: Did you ever seen his like that before? Ortega: No (ABC7)

"I remember asking for food, I asked if MJ had eaten" Ortega recalled. "I remember calling the doctor, I was very upset and I was concerned". "I wanted someone who's a professional to be aware that Michael showed up in that condition," Ortega explained. Ortega: I know that I did my best to provide for Michael. I don't recall if the doctor ever answered the phone or I kept leaving voicemails. Ortega: We talked, Karen put a heater on the floor, took off his shoes, I began rubbing his feet, he said it felt very good. Ortega said MJ told him he never had his feet massaged before. "I couldn't believe it!" Ortega said. Ortega said he cut up the salad, Michael ate, they talked and Michael said he didn't want to go home, he wanted to watch the rehearsal. Ortega said Michael asked that Travis Payne be on stage and be him, so he could seat with the director and see it.

Panish: Do you remember crying? Ortega: Yes.
Panish: Were you crying because you were concerned with Michael? Ortega: Yes
P: Overreacting? O: No P: Being a drama queen? O: No P: Serious concern? O: Yes
Panish: And you did everything you could? Ortega: Yes, that I could think about it
Panish: Did you try to tell AEG there was a problem? Ortega: I believe you have records of it (ABC7)

Panish showed email chain "Trouble At The Front". Ortega said he sent emails to AEG only when he thought it was absolutely necessary. Ortega took a deep breath. Panish asked him if he was alright. He answered let’s keep going, please. Email from Leiweke to Phillips asking to set up a meeting. Then Phillips forwarded the email to KO asking him to be present at the meeting. Ortega: I thought Michael had a problem on the 19th. I wasn't thinking about the production on the 19th. I was only thinking about Michael! (ABC7)

Email on 6/19/09 from John Hougdahl to Gongaware and Phillips Subject: Trouble at the front Paul/Randy I'm not being a drama queen here Kenny asked me to notify you both. MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet - get hurt. The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons. Bugzee (ABC7)

"This isn't my email, I didn't ask him to write this email, I asked him to reach out to Paul and Randy" Ortega said. "These aren't my words". "I made him aware of the situation," Ortega said about Hougdahl. "I don't even know I personally said it to him or sent someone else." (ABC7)

Ortega: I didn't leave MJ's side until he left. I wanted to be with him, I didn't want to leave his side. Ortega said he remembers having thoughts at the Staples Center and typed his email probably while still there. Ortega said he didn't respond to the chain of emails, but was only offering his accounting of the day. (ABC7)

“I thought Michael had a problem on the 19th,” Ortega said. “I wasn’t thinking about the ('This Is It') production on the 19th.” Ortega appeared bothered when Panish asked him about being concerned for the production. “I was only thinking about Michael,” he said. The court took a 10 minute break around this point. When they came back, Ortega read one of his emails sent after the June 19 rehearsal. (AP)

"Trouble At The Front" Email: Ortega wrote: I will do whatever I can to be of help with this situation. My concern is now that we've brought the Doctor in to the fold and have played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff. He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it's going to take a strong Therapist to help him through this as well as immediate physical nurturing. I was told by our choreographer that during the artists costume fitting with his designer tonight they noticed he's lost more weight. As far as I can tell, there's no one taking responsibility (caring for) for him on a daily basis. Where was his assistant tonight? Tonight I was feeding him, wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important for everyone 2 know, I believe that really he wants this. It would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if i was going to leave him. He was practically begging for my confidence. It broke my heart. ( Ortega began to cry while reading this part of the email.) He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs. (ABC7)

Ortega broke down while reading the email. After reading the line, “It broke my heart. He’s like a lost boy,” he had to stop. “I’m not OK right now,” he told the court. The judge asked if he needed a break. He said he just wanted a second, but judge ordered recess. (AP) "I'm not ok right now," Ortega said. Judge asked if he wanted a break, he asked for a few minutes. Judge gave a 10-minute break. After the break, Ortega apologized to everyone. Testimony resumed. (ABC7) As Ortega read the email out loud, he paused between words, then began to cry. He took off his wire-rimmed glasses and wiped his eyes with a tissue. "I'm not OK right now," he said, and the judge called a 10-minute recess. When Ortega returned to the courtroom, he could be overheard telling Brian Panish, the Jackson family's attorney: "It's devastating." (LATimes)

Panish showed phone records of Ortega where he called Dr. Murray several times on June 19th. Ortega said he doesn't remember speaking with the doctor. He said he believes he did the best he could to reach him, though.(ABC7)

Although Jackson showed up on June 19, he was "cold, shivering" and unable to rehearse, Ortega said. "On the 19th I had more than a serious concern. I didn't think it was going to go on." With just a dozen days left for rehearsals before the touring company moved to London for the opening, Ortega testified, he was worried "that all that we had worked for together, Michael and I -- this dream, this desire -- was going to fall away." He sent a series of e-mails to AEG Live executives warning that Jackson needed "a top psychiatrist to evaluate him ASAP." Ortega and Murray exchanged 11 calls that next day, according to phone records. They discussed "a plan to get the schedule in order, because it was my feeling that we weren't going to make it," Ortega testified.(CNN)

I saw a Michael that frightened me," Ortega testified. He said Jackson, who had come to the Forum, where rehearsals were taking place, for a costume fitting, looked emaciated. "I observed Michael like I had never seen him before, and it troubled me deeply, " Ortega said.Ortega called Murray several times but never spoke to him that night.He said there was no question Jackson needed a doctor. “I wanted someone who was a professional to be aware that Michael had showed up in this condition,” he said. (LAtimes)
After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes. Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray. (AP)

Panish: Did you have a concern about Dr. Murray at this time?
Ortega: I really didn't know what Dr. Murray did, but Michael showing up in this condition, I had a concern.
"I was concerned about Michael being in this state when he had a doctor," Ortega said. (ABC7)

"The doctor in the fold means he was in charge of Michael's schedule and it involved me," Ortega said. "I believe this was something else, it was not the tough love, you have to show up of this is not going to happen," Ortega said. "It was real emotional stuff," Ortega testified. "I just felt he wasn't present, he wasn't there. Ortega: I'm not a doctor, I just felt there was something going on, more than physical. My response was to have a professional evaluate him (ABC7)

Panish: And you had a real concern with Dr. Murray? Ortega: Yes. Panish asked if Ortega thought MJ was not being cared for. "Not at the level I'd expected Michael deserved," he answered. (ABC7)

Panish asked Ortega about a line in his email in which he described feeding Jackson. Ortega said he didn’t literally feed him. (AP) "I was not feeding (MJ) literally, I did not feed Michael," Ortega said. Panish: Were you scared about Michael? Ortega: Absolutely in the beginning, a little less in the end, when he was a little warm, better. Ortega: I tried the doctor, who I thought it would be the most natural, and then reached out to AEG, Michael's partners, for help. (ABC7) Kenny Ortega agreed when plaintiff's attorney Brian Panish asked him whether the email was a “cry for help.” (AP)

The director said he called Murray repeatedly that night, that he was most natural person to reach out to for help. Then he informed AEG. Ortega said he was willing to walk away from the show at this point, leaving it without a director. "I think it would have severely injured the possibility of the show going on," Kenny Ortega said. (AP) Ortega said he could've walked away, and MJ would've been left without a director. "I didn't believe it could go forward at this point, at this night" Ortega said. "I wanted it for him, I know it was what he wanted for himself" (ABC7)

"He seems lost, not like the Michael I'd seen," Ortega said. "I couldn't see his body but his physical presence wasn't what I had seen last". Ortega said he believes his email was a strong suggestion that MJ needed to be seen by a doctor for his psychological condition. (ABC7) "I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."Jackson's condition prevented the singer from rehearsing that day. Ortega said. (AP) "On the 19th (of June) I had more than a serious concern," Kenny Ortega testified. "I didn't think it was going to go on." (CNN)

Ortega said he didn't see Randy until next day, on the 20th, when he was at the meeting at Carolwood house. Panish: Did you discuss with Randy Phillips, 5 days before MJ's death, about pulling the plug? Ortega: Not that I recall. Panish: How would MJ be if show was canceled? Ortega: I know how deeply it mattered to him to do these shows. "I said I thought it would break his heart," Ortega explained. (ABC7)

Ortega said he doesn't remember an email response from Randy Phillips to his email.(ABC7)

Email from Phillips: Kenny, I will call you when I figure this out. We have a person like that, Brigitte, who's in London advancing his stay. We will bring her back ASAP and Frank, too, however, I'm stymied on who to bring in as a therapistand how they can get through to him in such a short time. (ABC7)

After the lunch break, Panish asked Ortega about emails he exchanged with Randy Phillips on June 20, 2009. Phillips, after reading Ortega’s email from earlier that day, wrote back that he would call “when I figure this out.” Phillips added that despite Ortega’s suggestion that Jackson needed a therapist, Phillips said he was “stymied” about who to bring in. Phillips also questioned how effective a therapist would be. Panish: “Were you stymied about getting a therapist involved?” Ortega said no. (AP)

Panish: You were not concerned with the business side, but with Michael Jackson? Ortega: Yes. Ortega: I didn't want to break Michael's heart, I was torn. My instinct was to stop the show, but I didn't want to break Michael's heart. (ABC7) Ortega said he was torn about whether “This Is It” should continue. “My instinct was we should stop,” he said. But Ortega knew MJ wanted to keep going (AP)

Ortega responded Phillips: Randy, I'm at home awaiting your call or instructions. I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state. It is reminiscent of what Karen, Bush, Travis and I remembered just before he fainted causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the best thing we can do it is get a top Psychiatrist on to evaluate him ASAP. It's like there are two people there. On (deep inside) trying to hold on to what he was and still can be and not wanting us to quit on him, the other in this weakened and troubled state. (ABC7)

He said after sending a reply to Phillips, he got a call telling him about a meeting at Jackson’s mansion later that day. That afternoon, he said he received an email from Phillips urging him and everyone not to “become amateur psychiatrists or physicians.” (AP)

Ortega: He was afraid for one thing I was going to leave him. Anxiety: he was anxious he didn't want me to leave or quit. Ortega: Obsessive behavior: he was repeating for me not to quit or eave him. "There was no question in my mind that Michael wanted to do the shows," Ortega said. Ortega: 'There's nothing to be afraid of, we are going to do this, This Is It.' That's the Michael I had allegiance to. (ABC7)

Phillips responded to Ortega that he not be an amateur psychiatrist. Ortega said that was not his intention. Ortega said he does not know whether Dr. Murray was ever successful, unbiased and ethical. The director did not check the doctor out himself. Ortega didn't think Dr. Murray was giving good care to MJ. (ABC7) The email included Phillips’ statement that AEG Live had checked out Conrad Murray and that he was “unbiased and ethical.” Ortega had only had one previous conversation with Murray. He said he didn’t know if he was successful, ethical or had been checked out. Phillips also said they needed to “surround Mike with love and support.” Ortega said that’s what he’d been trying to do. (AP)

Panish asked Ortega whether he was the “kind of guy that yells at people and throws tantrums, or tries to work with them?” Ortega: “Both.” Kenny Ortega’s response brought some laughter to the courtroom, including from the jury. (AP)

Panish: Do you think you were trying to sound an alarm? Ortega: Yes P: Raise a red flag? O: Yes
Panish: Were you trying to concern Mr. Phillips about this situation? Ortega: Yes P: Why? O: Because I was concerned. (ABC7)

"I saw something that troubled me deeply and I felt it needed attention," Ortega said. Ortega: I had seen something deeply troubling and I wanted to be taken seriously. "I felt Michael was in trouble and needed help," Ortega said. Panish: If Phillips were more concerned about getting the show on the road rather than MJ, would that worry you? Ortega: Yes, because they were talking about a person's health, I was more concerned about Michael's health than anything else at that time. Phillips testified he thought Ortega was entrenched in the situation and not being open minded. Ortega disagreed with Phillips' perception. "I got the impression that Randy would be looking over and investigate himself," Ortega explained. Panish: Did Randy Phillips ever tell you what the problem with MJ was? Ortega: No. Dr. Murray, in some capacity, tried to tell Ortega what was happening. But the director never got an answer to what was wrong with MJ. Ortega: I wanted it to be taken care of, whatever it was, I wanted it looked into and taken care of.(ABC7)

The Phillips response is one of several emails Ortega says he’s seen, but can’t remember receiving or reading it in June 2009. Panish asked Ortega whether he knew that Phillips had written others say that the director was starting to concern him. Ortega said no. (AP)

Ortega said he was trying to concern Phillips because he was alarmed by what he’d seen on night of June 19th. Ortega: “I saw something that troubled me deeply and I thought it needed attention.” Ortega said he trusted Phillips and he got the impression that the executive was going to try to get to the bottom of Jackson’s problems. Panish: “Given what ultimately happened to Michael, do you think you were overreacting?” Ortega replied, “No.” Ortega said he’d never seen Jackson in as poor condition as he was on the night of June 19, 2009. He said this left him stressed. (AP)

Panish: In all the time you knew MJ, did you ever see him in the condition he was on June 19th? Ortega: No
"I just wanted Michael to be ok," Phillips said. He trusted both Phillips and Gongaware.
Panish: Do you know how you felt? Ortega: I was stressed P: Distraught? O: Yes (ABC7)

Gongaware told Ortega about the meeting on the 20th. Neither Phillips nor Dr. Murray ever told Ortega they spoke on the phone for 20 mins. Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house. Ortega said when he realized the meeting was about him, he stood up to express his feelings. Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour. Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips. Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns. Ortega described the meeting as "accusatory." Panish: Who was the one being accused? Ortega: Me P: Who was accusing you? O: Dr. Murray. Dr. Murray was upset with Ortega, the director said. Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray? Ortega: Yes, through email. Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point. (ABC7)

Panish: Did you think MJ was in decline? Ortega: Yes
Panish; Was he mentally able and stable? Ortega: I certainly didn't think on June 19th. (ABC7)

Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained. Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened. Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show. "I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted. Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded. Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you! (ABC7)

Panish: Did Michael stick up for you? Ortega: Yes. Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse. Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance. Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him. Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that. MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said. "Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ. Ortega said MJ responded 'I know, I know, I love you, I will take the reins.' (ABC7)

He then recounted the June 20 meeting at Michael Jackson’s mansion. He said he stood for most of the meeting. Panish asked Ortega to use a word to describe the meeting. He asked for a moment, then replied, “Accusatory.” Ortega said Murray was upset with him, told him not to be an amateur physician or psychiatrist. Ortega said he was shocked at the reaction. He said Murray told him that Jackson was fine and could handle the show. “I was flabbergasted,” Ortega said. He said he was insulted. Panish: “Have you ever been treated like that.” Ortega replied, “Oh sure.” Jury laughed at the response. Ortega referenced his long showbiz career and said he’d been in some difficult meetings, but had never been talked to that way by a doctor. He said Jackson came to his defense, but only after he prompted him. He said it seemed like Jackson told Murray different versions. That led to Murray and Jackson getting in a disagreement. It wasn’t with the same intensity, though, Ortega said. Ortega said Jackson then told him not to be afraid and he would “’take the reins. You’ll see,’” he recalled Jackson telling him. (AP)

Panish: And 5 days later Michael was dead Ortega: Yes (ABC7)

When Michael Jackson showed up at rehearsal on June 23, Ortega said: "It was miraculous!" Ortega: Whatever the flu, whatever it was, it was just not present. I didn't ask questions, I was just overjoyed. Ortega said everyone noticed the drastic change. "I didn't know anything about any medication." "He had a metamorphosis," Ortega said, in awe. "Pretty extraordinary." "I doubted myself, I remember going did I see something?" Ortega said. Michael just didn't seem the Michael he saw on June 19th. (ABC7)

The production was off for a few days, then Jackson returned to rehearsals on June 23rd. It was miraculous,” Ortega said. “All of a sudden, it was a miraculous recovery,” Ortega said. “Whatever the flu or whatever it was, wasn’t there.” Ortega of Jackson on June 23, 2009: “For some reason, all of a sudden, he looked like he had risen from the dead. He had a metamorphosis.” Ortega said Jackson’s transformation led him to doubt himself. He said he was like someone who had a short illness. It seemed like Jackson had gotten some “real sleep,” Ortega said of Jackson. (AP)

Panish: Do you know if Dr. Murray had stopped giving MJ Propofol? Ortega: I had no idea (ABC7) Panish asked whether Ortega knew if Jackson’s recovery was because Murray stopped giving him medications. Ortega said he didn’t know.(AP)

Earth song was the last song Michael rehearse. Panish asked if MJ did it well. Ortega smiled and answered yes. Ortega takes very deep breath. (ABC7) Panish then asked Ortega about the last song Jackson performed. It was “Earth Song” on the night of June 24, 2009. Ortega began to get emotional again. He was taking deep breaths at points. He recounted hearing that Jackson had died from Gongaware. (AP)

Panish played a clip of “Earth Song” in which Jackson is wearing a long jacket. The lawyer asked Ortega if Staples Center was cold. “Those places are like refrigerators,” Ortega replied. He said Jackson had a blanket wrapped around him, but not like 5 days earlier. (AP)

Panish: What happened the next day? Ortega: Michael died (Ortega's voice cracked a little). "I was standing on the stage, waiting for Michael," Ortega recalled. The director said Staples Center was like refrigerators, so cold. Panish show video of Earth song. This is the last song he rehearsed, Ortega said. He was bundled up in several layers of clothing. Ortega's favorite songs are: 1- Man in the Mirror 2- Billie Jean 3- 100 other songs all tied in the 3rd place. (ABC7)

Ortega said on June 25th, he was under the impression that Randy Phillips was on his way to Jackson’s home to pick him up for rehearsals. (AP) Phillips was to pick MJ up at the Carolwood house to bring MJ to rehearsal. Obviously, he never showed up, Panish noted. Gongaware called Ortega from the hospital. "Our boy is gone," Ortega said Gongaware told him. But Ortega said he didn't believe him. "I said I'm not trusting this is Paul Gongaware." Ortega said Gongaware told him to sit down. Ortega asked Gongaware to tell him something only the 2 would know 2 prove it was Gongaware. "You have to sit down and get a hold of yourself," Gongaware told Ortega on the phone. "Listen to me, Michael's gone." "I wanted to believe it was some weirdo calling me, it was a very awkward phone call and I didn't want to believe him," Ortega testified. (ABC7) Ortega then recounted the call from Gongaware about Jackson’s death. Gongaware said, “’Our boy is gone,” the director said. He said he thought it was a prank call and didn’t believe it. Gongaware somehow convinced him he was telling the truth. (AP)

Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said. (ABC7)

Ortega said they never did a full run-through of the show.(ABC7)

Ortega believes AEG paid him everything they owed him for the work done. Sony paid him for the musical documentary. Ortega said he believes Sony kept all the film in a vault so the video would not get leaked. (ABC7)

Ortega said MJ's intention was 2 take the show out 2 the world one more time and end it in the US. Ortega would get bonuses if that happened. Judge asked why he'd get bonus if his job was done. Ortega said it's like getting royalties, since he was one of the creators of the show. Ortega said MJ had intention to do movies inspired in his songs "Thriller" and "Smooth Criminal." Panish: How did you react? Ortega: Yes, please! (ABC7)

Panish asked what was MJ's background. Ortega: He invented music video, the list goes on and on. He raised the bar in every are he worked in.Ortega said MJ was fantastic songwriter, singer, musician, dancer and also a filmmaker. "We worked together really, really well" Ortega said. Ortega recalled they had a chance to work together on "This Is It," they made 4 short films. Panish showed picture of MJ looking at the viewfinder of the camera used to film movies, Ortega next to him. "Anything Michael wanted to do with me I was interested in," Ortega said. (ABC7)

Panish asked Ortega several questions about the making of “This Is It” before taking the afternoon break. When they returned, Panish asked about Jackson’s passion for filmmaking. He struggled to remember the name of one Jackson work. Panish couldn’t remember it either, so the lawyer turned and bent down into the audience and asked Katherine Jackson. “Captain Eo,” she said Panish then showed several photos of Jackson and Ortega together. One was a side-shot of them walking, and one of MJ’s children was there. Ortega, who’s phone calls had been discussed earlier, quipped, “You don’t show my telephone number, but you show my profile.” Jury laughed. Panish apologized, and then they tried to figure out whether it was Prince or Paris in the photo because he/she was wearing a mask. Ortega said he thought the masked child was Prince, but wasn’t sure. Panish then asked about Jackson’s children. (AP)

Photo of MJ, Ortega and young Prince: "Attractive," Ortega joked. "You didn't show my phone number, but showed my profile! Ortega: Along w/ the way he talked about his mother, the kids were the single greatest blessing, brought the greatest happiness to his world. Ortega said MJ gave them Christmas every day of the year. "There was just evidence of fun." Ortega: He was just there for them, he was concerned about them, he was parental. Regarding the children, Ortega said: "They loved their father, it was very clear, very evident, it was obvious." "He loved her dearly," Ortega said about MJ and Katherine Jackson. "He cared deeply about her." (ABC7) The director recounted going to Jackson’s mansion in April and finding Christmas decorations everywhere. “He gave them Christmas every day of the year,” Ortega said. There were also paper airplanes thrown everywhere, he recalled. Panish asked about Jackson’s love for his mother, which Ortega said was “very clear, very obvious.” He then ended his questioning. (AP)

Panish said he has no further questions at this time.


AEG cross

AEG's attorney, Marvin Putnam, did cross examination.(ABC7) He told jury that Ortega would be leaving for a few weeks, so he had to hurry. (AP)

Ortega said AEG is paying his legal fees because it is their contractual obligation to do so. It's written in his contract. (ABC7) Putnam asked about AEG paying Ortega’s legal fees. Ortega said it was because they were contractually obligated to. Ortega: “They probably wouldn’t want to pay my legal fees,” he said. Ortega said the payments didn’t sway his testimony. (AP)

Putnam referred back to June 19th. Ortega reiterated that he did everything he could that night. Ortega said he had been worried about MJ's mental state before during the HBO Concerts in 1995. "I thought he was anxious," he said. No one from AEG was present during the 95 incident. Ortega said it was different from the 19th, though. In 95, he was anxious, unhappy. Ortega explained the 1995 one was the only experience he had with MJ that was similar. Ortega had never seen MJ physically weak like he saw him on the 19th. (ABC7)

Putnam asked whether the night of June 19, 2009 was the first time Ortega was worried about Jackson’s psychological state. He said no. Ortega said the other time was in 1995 during preparations for an HBO special. It wasn’t as bad then, he said. The director said Jackson seemed anxious about that show and changed that were being make creatively. Putnam asked whether Phillips or Gongaware were involved then. Ortega said no. (And AEG Live wasn’t in existence.) (AP)

MJ got better as the night went on on June 19th. "He was just more articulated, in the room, warm, engaged and calmed," Ortega said. (ABC7)

Ortega said the 1st day he met Murray, MJ introduced him as "my doctor." Putnam asked if MJ said Murray was the tour doctor. Ortega said no (ABC7) Putnam asked about when Ortega first met Murray. He said it was in March or April, and Murray was introduced as MJ’s personal doctor. Ortega said he only saw Murray three or four times before the meeting on June 20, 2009.(AP)

Putnam asked about Ortega’s lack of recollection about certain emails. The director said he didn’t read every email at the time. Putnam: “The fact that you don’t remember a specific email doesn’t mean you were being evasive?” Ortega replied no. (AP) Putnam: Are you trying to be evasive? Ortega: No, I'm trying to do my best (ABC7)

The lawyer went over the “trouble at the Front” email from production manager John “Bugzhee” Hougdahl. Then Putnam asked about Ortega’s impressions of Phillips. “I thought he was a professional,” Ortega said. Putnam showed Ortega the span of time between Bugzee’s email reporting problems to Phillips and some of the exec’s responses, abt 15 hours. Putnam asked Ortega if it was understandable that Phillips may have been confused by the conflicting info he was receiving. Yes, he replied. Putnam asked Ortega about how he thought Phillips and Gongaware viewed Jackson. “I felt they loved him,” he said. Ortega said there wasn’t any reason for him to think that Phillips and Gongaware didn’t still love Jackson. He said he believed the execs cared for Jackson “because of the way they supported him throughout the entire venture.” (AP)

Putnam showed Ortega's phone records on June 19th. There are 2 calls from Ortega to Dr. Murray and 1 from Murray to Ortega, all very short. After the calls to Dr. Murray, Ortega said Michael was eating, they had late conversation, he was rubbing his feet. Ortega: Michael wanting to stay and watch, we went on stage, Travis stood in for MJ, we did pyrotechnics if I'm not mistaken, then MJ left. Ortega didn't contact AEG himself, but asked someone to do it on his behalf. Putnam asked why he wanted to alert AEG about MJ. "Because we were all on the same team," Ortega responded. "I thought we needed to help Michael." Putnam asked if Ortega understands why Phillips was having difficulty figuring out what was going on. In one hand, Ortega was saying there was a problem. On the other hand, Dr. Murray said everything was ok. Ortega answered yes. Putnam asked what Ortega thought Phillips and Gongaware felt about MJ: "I felt they loved him," Ortega responded. Putnam: Any reason to believe they didn't? Ortega: No Putnam: Any reason to believe they don't? Ortega: No. Putnam: Why? "Because of the way that they supported him throughout the entire venture," Ortega said. (ABC7)

Putnam said he's looking fwd to seeing Ortega again in a few weeks. The director has business engagement overseas, won't be back for weeks. (ABC7) Kenny Ortega has to travel for work, so he won't resume testifying until August 1st. Putnam told Ortega, “I look forward to seeing you in a couple weeks, sir.” (AP)

Zusammenfassung von Ivy, MJJC #48

__________________________________________

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

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

[rip.michael]

Jacksons vs AEG - Day 45 – July 9 2013 – Summary

Katherine and Rebbie Jackson are in court.


Kenny Ortega Testimony


Jackson direct

Ortega said he didn't want to change any of his testimony from yesterday. His lawyer drove him home yesterday. (ABC7)

Panish began testimony by asking Ortega if he was familiar with his “This Is It” contract. Ortega said he’d need to see it to talk about it. Ortega was then asked who was paying his lawyer’s fees. Ortega said AEG Live was paying for his lawyer, but he picked the attorney. The director-choreographer said he hadn’t consulted with his attorney since yesterday about trial testimony. (AP) Ortega said he's not familiar with the details of his contract. Ortega chose his attorney for this case, but AEG is paying for it. (ABC7)

Panish asked Ortega about the Randy Phillips emails about the “This Is It” press conference. Ortega said yesterday he wasn’t told about problems preceding the conference. He said it would have impacted decision to work on “TII.” Panish asked if Ortega wouldn’t have worked on the shows knowing the problems because he cared about MJ. Ortega said yes. (AP) Panish asked how Ortega would've been impacted had he known MJ's condition on the day of the press conference. Panish: Less wanting to do it? Ortega: Yes P: Less wanting to do it because of MJ's condition? O: Yes. Panish: Because you cared about MJ's condition? Ortega: Yes (ABC7)

Panish asked if at times Ortega would want to meet with MJ alone. Ortega said yes. "In order to get into each other's head and for me to be in the same page with MJ on where his plans were for the show," Ortega explained. (ABC7)

Ortega said he was only involved in the negotiation of Travis Payne's payment. (ABC7)

Panish asked if AEG wanted to do production within reasonable costs. "I think that's general position of responsible producers," Ortega said. "I didn't discuss financing with MJ," Ortega said. (ABC7)

Ortega had not worked with MJ for more than 10 years. In terms of creativity, Ortega said not much had changed between the two. Jackson and Travis were more involved in the actual dance steps and performances, Ortega said. (ABC7)

"I think Baryshnikov and Michael battled it up to see who could do more multiple 360s," Ortega testified. Ortega said the turns are called pencil turns, and he compared MJ to the famous ballet dancer Mikhail Baryshnikov. (ABC7)

"My goal was to edit together the pieces to tell a story about what Michael's goals for the show were," Ortega explained. Ortega said he obviously wanted to make Michael look good, but the intention was to tell the story. (ABC7)

Panish showed an email with names of artists who were to be involved in the "This Is It" tour. Ortega said Karen Faye reached out to him, had already spoken with MJ about being part of the crew. Ortega said Bugzee was not the stage manager. He worked under Paul Gongaware as accountant, Ortega explained. "I wouldn't have called him stage manager," Ortega said about Bugzee (Houghdahl). Panish: Did you ask Bugzee to write an email on your behalf? Ortega: Not that I recall (ABC7)

Email on March 25, 2009 from Gongaware to Ortega: Kenny, I'm afraid we may not be able to meet your financial requirements for a deal. I'm totally bummed by this. Couldn't sleep last night trying to figure it out. We need to move forward quickly. Email cont'd: I know, but I haven't been able to find a way to make this work. My deepest, most sincere apology. Paul G (ABC7)


"I remember it had to be approved by Mr. Jackson," Ortega said about the email. He testified he never spoke about money with MJ. Judge asked what "financial requirements" meant to him, and Ortega said it referred to his salary. Panish: Were you surprised? Ortega: Was I surprised? No "Not what I expected, but sometimes negotiations take time," Ortega explained. Panish asked if this was a negotiation tactic? Ortega smiled and answered perhaps. Ortega didn't think the negotiations were dead. He kept working in good faith. Ortega and Payne share the same agent (Julie McDonald). He and Payne continued working without a contract. "It was my hope and in the end we would come to terms," Ortega said. Ortega: It would all work out and I kept the faith that that would happen. Ortega said he performed auditions for dancers, singers, band and interviewed various people for various designer's role. (ABC7)

Ortega doesn't know when he signed his contract. Panish showed a copy of Ortega's contract. It was executed on April 25, 2009. Ortega did not have a written agreement when he did the dancers audition. (ABC7)

Ortega Contract: The principal terms and conditions of Employer and Employee's engagement for the Concerts are set forth in the agreement. (the "Agreement) between Company, on the one hand, and Employer and Employee, on the other hand, as previously confirmed in emails between the parties' representatives, which such emails are attached hereto as Exhibit "A" and incorporated herein by this reference. The contract says Ortega could get a total of $1.5 million, plus $100K for each of the five territories and $250K for the US. (ABC7)

The concerts were supposed to start in London on July 8. Ortega: Michael and I both wanted to extend our time before opening, so I felt comfortable taking the heat (of postponing it). "As a director of the show, I didn't feel we would be ready for the show's original dates," Ortega said. (ABC7)

Email on 5/19/09 from Ortega regarding the postponement of the show: I'm uncomfortable with the way the release reads at this moment. I feel strongly that it is unnecessary and misleading to both of the press and fans to suggest things as "staging is from another planet" or "never before seen staging." We are not doing the Chinese Olympics. (ABC7)

Ortega said they were exaggerating, and that he thought the press release was "creatively misleading." "The show got so big," Ortega explained, saying he needed an extra week to get it ready. Phillips is quoted in release that "this is a one-off adjustment do purely technical reasons and we don't anticipate any further changes." (ABC7)

Ortega met Dr. Murray at the Carolwood home in April or May. He remembers the doctor going to rehearsals once or twice. MJ went to 2 rehearsals at Staples, June 23rd and 24th. Ortega said Dr. Murray was involved in creating Michael's scheduling for rehearsals. It was either Phillips or Paul Gongaware who told Ortega Dr. Murray would be making MJ's schedule and would help MJ get to rehearsal. Panish: Who was responsible for the content of the show? Ortega: Michael Jackson. "First it was Dr. Murray and then Randy helped," Ortega said about MJ's rehearsal schedule. Dr. Murray would give Ortega the schedule rehearsal. Ortega said it was not unusual, but he never had a doctor give him artist's schedule. Panish: Was there a time you were concerned MJ wasn't showing up at rehearsals? Ortega: Yes (ABC7)

Email on June 23, 2009 from Timm Wooley to Bob Taylor: Changes are structural only: KO has responsibility only for the show content & structure in consultation with MJ. Randy Phillips and Dr. Murray are responsible for MJ's rehearsal and attendance. (ABC7)

Panish asked if Ortega had ever seen a situation where a CEO of a company was responsible for the artist's schedule/attendance. Ortega: No (ABC7)

"I just wanted him to come to rehearsal," Ortega said. "In terms of when he came I was willing to structure everything around that." "At some point, it became my number one concern," Ortega said about MJ showing up at rehearsals. (ABC7)

There were 4 calls between Dr. Murray and Ortega on June 18. One lasted 30 minutes. Ortega said they were already in rehearsals and the only reason KO would call Murray was to inquire about MJ's non-appearance at rehearsals. "My own frustrations" Ortega said explaining Murray was creating the schedule, which wasn't working. "He was my lifeline so to speak". Panish: Was Michael coming every day to rehearsal in June? Ortega: No, Panish: Every scheduled day? Ortega: That I don't know. Panish: Were you ever involved in a show where you called a doctor of an artist when he was not coming to rehearsals? Ortega: No. MJ wasn't showing up at all at rehearsals in June, Ortega testified. "I recall MJ not coming to rehearsals for a period of time in June." Panish: Remember yourself having serious frustration on June 18th? Ortega: Yes"That all we worked, MJ and I, this dream, this goal he and I had, tis desire, was going to fall away," Ortega explained.Ortega said MJ was his directing partner, he needed the artist to get the show on the road. (ABC7)

On Jun 19, there were several calls between Ortega and Dr. Murray. Ortega remembers this date because there was an issue with MJ. Ortega's first phone call was at 11:25 am and MJ was not at rehearsal. Panish: Did you learn they had an intervention? Ortega: I remember there was plan to get schedule in order, it was my feeling we weren't going to make it, there was plan to make it clear. Before June 19, Ortega said MJ hadn't come to rehearsals for a "good week," but it could've been more. They were supposed to leave for London on July 3, so they has 10-12 rehearsals remaining. "On the 19th I had more than a serious concern that the show could go on," Ortega said. Panish: You had serious doubt? Ortega: Yes. They were going to rehearse in London as well. As of June 19th, Ortega hadn't seen MJ for a week or more. On June 19, there was a fitting to take place. Michael showed up but very late, Ortega said. Ortega explained it was hard for him as a director to work like that, so he went to AEG's high ups. Ortega said on June 19th MJ was cold, shivering. "He was slow at growing into the show," Ortega explained. Panish: How about losing weight? Ortega: I had a concern, yes Panish: How about balance issues? Ortega: Yes. Regarding MJ's balance, Ortega said there was a period of time it wasn't as good as it had been. Ortega said MJ complained of back pain. (ABC7)


Panish: Did he seem lost? Ortega: Yes, on the 19th P: Did he seem paranoid? O: Yes
Panish: Did you think he was communicating with clarity? Ortega: No. For part of the evening. He got better (ABC7)


Panish showed an email from Alif Sankey expressing concerns about MJ on June 4. Ortega: The choreographer is not responsible for the artist's physical/emotional, but if they see something they are to report to director. June 13th, Payne wrote an email saying MJ was taking a sick day, per doctor's order. On Jun 14, Ortega wrote to Gongaware that MJ was not allowed to attend the rehearsals the day, asked about MJ's nourishment/therapy. Ortega said the intention was to get assistance in trying to help Michael in every way possible so he could go to rehearsal. (ABC7)

Zusammenfassung von Ivy, MJJC #47


__________________________________________

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

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

[rip.michael]

Jacksons vs AEG - Day 44 – July 8 2013 – Summary

Katherine and Rebbie Jackson is at court.

Dr. Stuart Finkelstein Deposition Video

Dr. Finkelstein said he worked at Cerritos Family Clinic until 2 years ago with his ex-wife Petra Wong, now works at Stuart Finkelstein, MD. Dr. Finkelstein is a specialist in internal and addiction medicine. He described his experience and residency to the jury. He is a leader in treating addiction for over 20 years and he said he considers himself an expert. (ABC7)

Dr. Finkelstein was hired to work on the Dangerous Tour in 1993. He said he was in Bangkok, MJ performed a concert. After he performed, Dr. Finkelstein said he was requested to go to MJ's hotel room. (ABC7)

Boyle: Who hired you for Dangerous Tour? Dr. Finkelstein: Marcel Avram B: What was your role? Dr: To be the physician for the crew (ABC7)

Dr. Finkelstein said he was not hired to treat the artist. But in Bangkok, he was called by security. "He said you need to go to the principal." the doctor recalled. Dr. Finkelstein: He appeared to be in pain, I was put on the phone with his treating physician in Los Angeles, Dr. Alan Metzger. Dr Metzger said MJ was had severe headache, was in a lot of pain. Dr Finkelstein said he didn't remember if he was told what medicine to use. Dr. Finkelstein said he tried to give him a shot but his butt was so abscessed the needle almost bent. "I thought it was not safe," he said. Dr. Finkelstein administered morphine instead. In 1993, the doctor said he was not an expert in addiction. Boyle: But you were spending half of your time in addiction medicine? Dr. Finkelstein: I knew what I was doing and I was qualified, licensed. Dr. Finkelstein: I spent the next 24 hours in his room intermittently administering medication 'til MJ was capable going on stage in Bangkok. The doctor said he administered morphine and IV fluids. MJ was conscious and speaking. The doctor said they were watching 3 Stooges and having squirt gun fights. They talked about growing up in Encino on Hayvenhurst. Boyle: You became confident he was capable of going on tour? Dr Finkelstein: Bad question,I administered medicine until he could go on stage. Dr. Finkelstein watched MJ on stage and said he was able to perform. The second concert in Bangkok was postponed for one day. The doctor said the publicist told him to go on CNN and say MJ put so much effort in the show and was dehydrated. (ABC7)

Dr. Finkelstein said MJ had an opiate problem, dependency. Dr. Finkelstein: MJ had 100 micro gram duragesic patch on and there were 2 ampules of Demerol that were sent to him with another crew member. The doctor said he had someone he felt that obviously had received a lot of medication in the past, had a high tolerance to medication. Dr Finkelstein: It was early in my training, but it was obviously a concern for me. Duragesic is also called Fentanyl, another opiate. Boyle: You testified about 2 ampules – what were you talking about, the ampules of Demerol? Dr. Finkelstein: We are talking about natural opiates and synthetic opiates. The patch, the medication is absorbed through the skin. The doctor said the ampules were given to him by the make artist, Karen Faye. They were for MJ. (ABC7)

Boyle: There were four factors that lead you to believe MJ was an opioid dependent? Dr. Finkelstein: Yes, the patch, 2 ampules of Demerol from Karen Faye, observation that MJ had a high tolerance and scarring on his buttocks. "He had obviously had multiple injections in his buttocks prior to coming to Bangkok," Dr. Finkelstein said. (ABC7)

Paul Gongaware used to be the road manager for Rick James, Dr. Finkelstein said. He and Gongaware used to go skiing together. Dr. Finkelstein said Gongaware called him to go on a rock tour in 1993. The doctor would be paid by the promoter. (ABC7)

The doctor said he postponed the Bangkok tour. "I think we are going to have a problem," Dr. Finkelstein told Gongaware. Dr. Finkelstein said he told Gongaware he didn't want to be a Doctor Nick. Doctor Nick was Elvis Presley's doctor. Dr. Finkelstein said Elvis had about 14 different drugs in his system when he died. "You don’t want to overdose a rock star and have a rockstar die on you," Dr. Finkelstein explained. (ABC7)

Dr Finkelstein: When I tried to administer the medication and his butt was abscessed, I tried to give promoters heads up there was a problem.He said he believed MJ had a drug problem. "But no one believed me," Dr. Finkelstein said. Dr. Finkelstein: I was not hired as an addiction specialist but a family doctor to come on tour. The doctor said they began believing him in Mexico City during the Dangerous Tour. (ABC7)

After Dr. Finkelstein treated MJ, an English doctor was brought in, Dr. Forecast. One day, Dr. Finkelstein said he returned from a pyramid trip and his suitcase with all the medication had been broken in to. Dr. Finkelstein said Dr. Forecast broke into his suitcase to get pain medications to give to MJ. Dr. Finkelstein said he wanted to detox MJ in Switzerland and go on tour. Dr. Forecast was the other doctor treating MJ. Dr. Finkelstein said he had enough medication for all 160 people going on tour, any scenario. (ABC7)

Dr. Finkelstein: The head powers got together. They called in Elizabeth Taylor to do an intervention and took MJ to a Hospital in London. Dr. Finkelstein said he didn't know exactly who the powers that be were. "He didn't collapse," Dr. Finkelstein said. "It seemed it was getting a harder and harder time to manage his pain." There was also a video deposition of MJ in Mexico City related to the Chandler child molestation case. The stress increased MJ's urge for opioids, Dr. Finkelstein said. Elisabeth Taylor personally went to Mexico City to deal with MJ. (ABC7)

Dr. Finkelstein said Dr. Forecast took care of the principal, Mr. Jackson. He does not know who was paying Dr. Forecast. (ABC7)

Finkelstein and Gongaware are friends, he said. Boyle: Did you discuss with Mr. Gongaware about MJ's opioid dependency? Dr Finkelstein: Yes (ABC7)


Dr. Finkelstein: I know that I administered pain medication one other time when Dr. Forecast was not available. "I saw Dr. Forecast administer pain medication in Mexico City during the deposition," Dr. Finkelstein said. Dr. Finkelstein said he and Dr. Forecast were in communications and Dr Forecast was concerned in being blamed for work done by previous docs. (ABC7)

Boyle: Is substance abuse a character flaw?
Dr. Finkelstein: No. I believe it to be either genetically pre-disposed, or people who get exposed to these chemicals their brain changes (ABC7)

"He was a sweetheart, kind, gentle, fun," Dr. Finkelstein said about MJ. "Based on my observation, he was kind to everyone." (ABC7)

Boyle: Gongware was aware of problems MJ was having? Dr. Finkelstein: Yes (ABC7)

Dr. Finkelstein said he and Dr. Forecast agreed that MJ needed an intervention and detox. (ABC7)

Dr. Finkelstein explained his name is out there as a "Rock Doc," so he gets call from show producers and promoters to work at concerts. (ABC7)

Dr Finkelstein testified Gongaware called him about two months prior to MJ's death and told him MJ was going to tour in London, wanted a doctor. Dr. Finkelstein said he was excited about it, wanted to be MJ's physician, had 5-10 conversations with Gongaware about it. Dr. Finkelstein said he asked if Gongaware knew whether MJ was clean. The answer was yes. The doctor explained he would not want to go on tour if MJ had drug problems. "I didn't want to be Dr. Nick," Dr. Finkelstein said. Gongaware told him MJ was clean and passed a physical exam for insurance. Dr. Finkelstein said he would charge $40,000/month, $10,000/week. He remembers Dr. Murray asking for a lot of money to go on tour. (ABC7)

Dr. Finkelstein said there are not lot of cases of Propofol dependency, since it is a drug that's really hard to get. He said the mortality rate in Propofol dependents is really high, about 80%. Most of the dependents are in the medical field. Dr. Finkelstein said people from all walks of live can become opioid dependent. (ABC7)

The doctor's brother, Bob Finkelstein, worked at Concerts West with Paul Gongaware. He knows Randy Phillips socially. (ABC7)
Dr. Finkelstein said there were not a lot of discussions about the tour, since he didn't get the job. "Michael wanted someone else," Dr. Finkelstein said Gongaware told him. "Gongaware was my friend, tried to get me the job, I didn't get it." (ABC7)

Kathryn Cahan, attorney for AEG, did cross examination Dr. Finkelstein said he would administer 50-100 mg of Demerol in MJ, on his buttocksThe doctor said there were several scars on MJ's buttocks, which led him to conclude MJ was dependent in opioids. Dr. Finkelstein said the Demerol was prescribed by Dr. Alan Metzger in the name of Karen Faye. The drug was not for her, though. Dr. Finkelstein said he gave MJ 10 mg of morphine. The usual starting dose is 2 -4 mg, but MJ had high tolerance to opioids. The doctor said he believed MJ was in pain every time the doctor administered him morphine. (ABC7)

Cahan asked Dr. Finkelstein is he ever administered Propofol to Michael Jackson. He answered no, laughing. Dr. Finkelstein said his interaction with MJ was very limited. Dr. Forecast was in charge of the artist. When other doctors, like Steve Hoefflin and Arnold Klein, would come to a concert to visit, the show would get delayed, Dr. Finkelstein said. "Everything was secretive," Dr. Finkelstein said, explaining seems like no one ever knew the whole story. "it was compartmentalized and people were separated and segregated," Dr. Finkelstein said. Dr. Klein -- would show up at concerts very frequently, Dr. Hoefflin came a couple of times, would spend the weekend, Dr. Finkelstein said. (ABC7)

Dr. Finkelstein was asked to treat MJ in Mexico City when Dr. Forecast wasn't around. MJ had back pain, Dr. Finkelstein gave him morphine. Dr Finkelstein said Narcan is antidote to opioids. He had it handy. "If I am going to administer medication I'm going to have a safety plan" (ABC7)


Dr. Finkelstein said he kept a journal of everything he did during the tour and he was backstage, his records were stolen. He said he left some records at his mom's house and purged MJ's record from 95 since he wasn't a patient for 7 years. (ABC7)
"Michael had a lot of pain, I administered a shot and left," Dr. Finkelstein said. (ABC7)

Finkelstein said he first suspected Jackson had a dependence on pain medications in 1993 while working on the "Dangerous" tour. He recounted spending 24 hours in the singer's hotel suite and administering morphine intravenously to deal with Jackson's pain.
He said he gave Jackson morphine during their first meeting because the singer's buttocks were scarred from previous unspecified treatments and he was concerned about giving an injection of the painkiller Demerol. He said he also noticed that Jackson appeared to have a high tolerance for morphine and had on a patch that administered another opiate drug. Finkelstein said he gave Jackson one other painkiller treatment before the "Dangerous" tour was halted after what he described as an intervention by Elizabeth Taylor and others in Mexico City. (AP)

Dr. Stuart Finkelstein said he was later asked by concert promoter AEG Live to act as Jackson's personal physician during the ill-fated "This Is It" tour in 2009 but wanted to know if Jackson was "clean." AEG executive Paul Gongaware said he didn't believe Jackson had any prescription drug issues, Finkelstein testified. Finkelstein said he and Gongaware had five to 10 conversations in 2009 about working on Jackson's "This Is It" shows. Finkelstein said he wanted $40,000 a month and was not hired. (AP)


Kenny Ortega Testimony

Before Kenny Ortega started testifying, judge heard arguments on whether he should be designated an “adverse” witness. Being classified an adverse witness doens't mean Ortega would be deemed hostile, just changes the way questions can be asked. Plaintiff’s attorney Brian Panish wanted him designated as an adverse witness, but AEG Live’s side said that was improper. The judge agreed the Ortega shouldn’t be deemed an adverse witness to start, but said she would revisit it depending on Ortega’s answers. Panish wanted the adverse witness designation because he claimed Ortega was an “agent” of AEG Live. The company objected to that label. (AP)

Jackson direct

Attorney for Jacksons Brian Panish did direct examination.

Ortega reviewed his deposition but did not read testimony given at Dr. Murray's criminal trial. Ortega said he read some articles about this trial. He also read Karen Faye's deposition, given to him by his attorney. The director was deposed in the Lloyds of London litigation for several days. (ABC7)

Panish asked what Ortega reviewed to prepare for his testimony. Ortega said he reviewed his own emails, Karen Faye’s deposition testimony, and his Conrad Murray criminal trial testimony. He said he didn't review his preliminary hearing testimony. Panish mentioned that Faye’s deposition was seven days, which drew an objection from Putnam. The lawyers sniped over how many days it lasted. Putnam also objected a couple times to Panish’s questions, saying they were leading. Judge overruled objections. Panish then told Ortega, “They’ll be objecting, so try not to let that distract you.” (AP)

Panish and Ortega then went over how the choreographer’s contract for the “This Is It” came about. (AP)Ortega said he had a contract with AEG Live. "I was working in communication with them," he said. For certain things, Ortega said he reported to Paul Gongaware and Randy Phillips. Ortega said his agent and attorney negotiated his contract with AEG Live. Gongaware represented AEG Live. Ortega said at one point his rep said the negotiation turned from AEG Live to Michael Jackson. He doesn't know the details, though. (ABC7)

Ortega was having trouble hearing Panish and at one point asked him to speak up. Ortega had trouble with a couple questions. Ortega: “I actually have hearing loss, so it’s not your fault.” Panish started speaking up, but proceedings became less tense. (AP) Ortega said he has earring loss, so he can't hear well. He asked Panish to speak up. (ABC7)

He said he's a director, choreographer and sometimes producer. "My role in This Is It, I was Michael's creative partner in the show." Ortega said for the creative part, he reported to Michael and to AEG regarding budget or scheduling. Ortega said AEG was Michael's partner in promoting and producing TII, and they were financers of the project. (ABC7) Panish asked Ortega about “This Is It” and his role on the shows. The choreographer said he was Michael Jackson’s creative partner. Ortega added that he reported on financial and scheduling issues to AEG Live. He says he kept them updated on the “creative growth.” (AP)

Panish asked whether Ortega has worked with AEG Live since “This is It.” He has, he worked on Rolling Stones’ recent tour. (AP) The director said he was called by Mick Jagger to work on the 50th anniversary tour, working with AEG. Ortega: I believe Mick Jagger just made me an offer and we accepted it. My agent called me, daily offer, I accepted. Ortega's rep dealt with Paul Gongaware in The Rolling Stones tour. (ABC7) Ortega said he saw the Stones’ show when it was in LA. He saw and talked to Paul Gongaware at the show. Ortega said he saw Randy Phillips at the Stones’ show as well, but they didn’t speak. Ortega said he's friends with Gongaware, Phillips. Panish asked Ortega whether he was friends with Michael Jackson. The choreographer said yes. (AP)

Panish: Do you consider yourself friend with Gongaware? Ortega: Yes
Panish: Do you consider yourself friend with Randy Phillips? Ortega: Yes
Panish: Do you consider yourself friend with MJ? Ortega: Yes (ABC7)

Ortega was originally named a defendant in this case. Panish asked if he knew why he was dismissed from the suit. "I'm not an employee of AEG," Ortega responded. (ABC7) Panish mentioned that Ortega was originally a named defendant in the suit. He asked if Ortega knew why he was dismissed. He said yes. The director said he believed he was dismissed because he wasn’t an employee of AEG Live. (AP)

Panish then asked Ortega about his biography. He was born in Redwood City, Calif. and grew up in San Mateo County. He talked about seeing the Jackson 5 in local theater when he was growing up. He saw Michael Jackson after the show. Ortega: “Michael was walking through the backstage and he made eye contact with me. ... I was in just in such awe of him and the brothers.” “It was such a momentous moment for me, it was like being touched by a star,” Ortega said of seeing Michael Jackson. Panish then asked Ortega about his credits. He’s directed films in the “High School Musical” franchise, “Newsies.” He also did the choreography for “Dirty Dancing,” the Chicago parade scenes in “Ferris Bueller’s Day Off” and Madonna’s “Material Girl” video. Panish played clips from all of the movies and Madonna video mentioned above to show off Ortega’s credentials. (AP)

Ortega said he is from Redwood City, CA, grew up in the Bay area. Ortega said he started dancing when he was 4 years old. There was always music at his house, watched his parents dance. He opened up his own theater company when he was 18. Ortega said around 1963-64, Michael was walking through backstage they made eye contact. "He looked at me and smiled. I was overwhelmed," Ortega said. Ortega: I was in such awe of him and the brothers. It was such a momentous moment for me, it was like being touched by a star. Choreographer creates the dance steps, movements in a stage show or concert or musical, Ortega explained. Ortega said he didn't do the choreography for the This Is It tour. It was lots of people, some was classic and belonged to MJ for some time. Travis Payne was MJ's partner for the new choreography in TII. Ortega worked on High School Musical 1, 2 and 3, Dirty Dancing, Newsies, Pretty in Pink, St. Elmo's Fire, etc. Ortega did choreography for Cher, Madonna, Kiss, Diana Ross, Barbra Streisand, Bette Midler. Panish showed a video clip of Madonna's "Material Girl." Ortega has been asked to do a new "Dirty Dancing" but he's not sure it will happen.Panish showed excerpt of it with Patrick Swayze and Jennifer Grey; snippet of "Newsies," 1st full-length picture he directed/choreographed. Panish showed clip of High School Musical. He directed and choreographed 1, 2 and 3. HS Musical 1 and 2 were released on TV only, 3 was a movie. "It was the number one opening weekend of any musical ever," Ortega said. (ABC7)

Michael and the children went to see High School Musical in Las Vegas. Panish: How did it make you feel? Ortega: (long pause) I'm speechless, I can't think P: Was that a big thrill? O: Beyond. "I know for sure Paris was singing, they were all standing and enjoying it," Ortega recalled. MJ went backstage. "The cast, they were just crying, and screaming, and just speechless," Ortega said. "He was very generous, very sweet and kind to everyone," Ortega said about Michael Jackson. (ABC7) Ortega recounted when the “High School Musical” live tour played in Las Vegas, Michael Jackson brought his children to the show. Prince, Paris and Blanket stood throughout the show, clapping and singing along to some of the songs, Ortega said. Ortega recounted the cast’s reaction to meeting Jackson. “They were just crying, screaming and speechless,” Ortega recalled. (AP)


Ortega choreographed the 96 Olympics in Atlanta, 2002 Winter Olympics in Salt Lake City, Super Bowl half time, World Cup. Ortega: Choreography is about the movement of the human body, technique, dance language, physical, how to instruct (ABC7)

Ortega first met MJ in 1990. "MJ called me to help mount the Dangerous Tour," he said. "I felt incredible, he was the greatest performer on the planet and as far as I'm concerned. The greatest song and dance man ever." He said he was co-director of Dangerous with MJ. MJ had a ton of ideas, asked him to realize those on stage. "It was exciting, stimulating, awesome," Ortega said. Ortega described Michael Jackson: Musician: world class Singer: one of a kind Dancer: the best. (ABC7)

The choreographer recalled MJ calling him in 1990 to work the “Dangerous” tour. Ortega said he was excited to work with Jackson. “He was the greatest performer on the planet as far as I was concerned.” Ortega was very complementary of Jackson. “I think he was the most influential dancer for generations of kids,” he said at one point. Panish then played the opening of the “This is It” concert film. It’s the part featuring the backup dancers talking about MJ’s influence. He said Jackson said “This Is It” was primarily Jackson’s vision. “He wanted to rock the world, he wanted them to know he was back.” Panish then showed Ortega the opening of the “Dangerous” tour. Jackson popped up on stage, stood there for several moments. Ortega explained the effects. Jackson emerged from a “toaster” _ a device that “popped you up like a piece of toast.” Jackson’s long pause on stage _ to an endless cheer _ was what the singer would call “milking the crowd,” Ortega recalled. He said Jackson differed from some other performers. He wanted his concert openings to be huge. Panish asked Ortega whether he knew that Jackson donated “Dangerous” profits to charity. Ortega said he didn’t know that. The lawyer also wanted Ortega to describe one of Jackson’s trips to an orphanage in Romania. Ortega said he didn’t recall the visit. (AP)

Ortega has worked in the industry for over 40 years. Panish asked Ortega how MJ influenced other dancers. "Like no one else in his generation," Ortega said. "I think he was the most influential dancer for generations of kids still even today. Panish showed clip of "This Is It" movie showing the young dancers who had been chosen to dance with MJ and how he influenced them. Ortega: It was primarily Michael's vision that I shared. He wanted to put on the greatest show that anyone had ever seen. "He wanted to rock the world," Ortega said. "He wanted to let them know he was back." The opening of the show was significant to MJ. He wanted the audience to think how will be able to top that!, Ortega testified. "He always wanted something that was world class and thrilling," Ortega said. Ortega helped prepared the opening of the Dangerous tour in 1992. Michael would enter the stage in what they called "toaster." The "toaster" popped up and gave illusion of flying. Ortega said MJ would then stand still on stage for a few minutes. "He would call that milking the crowd," Ortega explained. "He knew how to work the crowd better than anybody." Panish showed clip of opening of Dangerous. "It was one of the most spectacular openings that anyone has seen or done," Ortega said. "It left people breathless," Ortega said. MJ went to an orphanage in Romania before going to his hotel. Ortega said MJ didn't want to do the show before the orphanage was cleaned up. MJ wanted to make sure every child had what they needed, Ortega explained. Ortega said MJ wanted to improve the human condition for children around the world. (ABC7)

Ortega was asked whether he knew if Jackson was addicted to painkillers on the “Dangerous” tour. He said he didn’t know. Ortega said he didn’t know, even up until today, that Jackson had problems with painkillers during “Dangerous” shows. (AP) Panish: Did you know Michael was dependent on painkillers? Ortega: No P: Never heard of that? O: No P: To this day? O: No (ABC7) The choreographer said he had no role in ending “Dangerous” tour. Ortega said he knew Jackson suffered pain, but never saw him take meds. Ortega was asked at one point whether he ever saw Jackson act different after doctor visits. He said yes.He described MJ as "off." (AP)

In 1995, Ortega was acting as a consultant to MJ for an event at Beacon Theater in NY. Panish: Did you ever become aware he was not well? Ortega: He was unhappy. Ortega: He called me in because he was unhappy with what was going on with his classic choreography, he didn't want it to be changed. Ortega said MJ fainted and the show was cancelled. Panish: Can we say he collapsed? Ortega: Yes. MJ was then transported to the hospital by ambulance. "It could've been exhaustion, I don't know, I don't recall," Ortega said. (ABC7) Ortega was also asked about preparing Jackson for shows at NY’s Beacon Theatre. He was asked whether he grew concerned about MJ’s condition. The choreographer responded that he knew Jackson was unhappy. He said MJ told him he was displeased because of changes to his dance moves. Ortega: “He didn’t want some of his work changed.” He was there when Jackson collapsed on stage. Ortega described the incident this way: “It appeared that he fainted and the show was canceled.” Panish asked him whether it would be fair to say he collapsed. Ortega replied, “It could have been.” He said he knows Jackson was taken by ambulance, but didn’t know more details. (AP)

The pair next worked together on the “HIStory” tour. Ortega said he never had any problems working with Jackson. He said MJ described any differences as “creative jousting.” (AP) In "HIStory" tour Ortega and MJ were co-creators & co-directors. "We used to call creative jousting," Ortega described the creative process. Ortega: We didn't always agree on 100%, we allowed ourselves to have creative joust, to play with the ideas and allowed it to ripe. Panish: Was his creativity or demeanor different? Ortega: He was still inspired, raised the bar on himself and on everyone working with him. Ortega: The video used for the show would have subtitles saying love one another, take care of the planet, take care of the children. (ABC7)

Ortega said he went on first 6 or so dates on both "Dangerous" and "HIStory" tour. He explained it was the normal amount. (ABC7)

Panish showed video of "HIStory" tour opening. Ortega said MJ wanted his music to inspire change in the world. "Greatest example of it is Man in the Mirror," Ortega said. "Change needs to happen within each of us for a change in the world to happen. Ortega said the song "What About Us?" showed Michael's deep concern about healing the planet. "And that went deep," Ortega said. Panish showed clip of Earth song. Ortega talked about shows that MJ did for charity. (ABC7) Panish then played the opening video from the “HIStory” tour, which uses computer animations to show Jackson in a pod. The pod went on a roller coaster track through historical places (the Sphinx, Chrysler Building) and historical events played. When the video ended, a pod rose from the stage and Jackson appeared. He shed his helmet and suit and began dancing. Ortega said it was important to Jackson that he inspire change. (AP)

He was then asked about the Munich show, when a bridge fell with MJ on it. Jackson continued performing, but Ortega said he was taken to the hospital after the show. MJ reported back pain after that. (AP) Ortega: In Munich, Michael was on a set held up by cables. During the big conclusion of Earth song there was a bridge supposed to float down. Ortega said because an improper cable replacement, the bridge came down faster that it was supposed to. "I know he hurt his back," Ortega said. MJ jumped up and went back on the stage. "The show must go on." Ortega said he thinks MJ had back problems afterwards. But the director said he never saw MJ take medication. (ABC7)

Panish: Did you observe MJ different after seeing a doctor? Ortega: Yes P: Please explain O: Off, a little off P: Loopy? O: Yeah. "He was a little... off, loopy," Ortega said. Panish: Did anyone tell you they thought MJ was 'assisted' with something? Ortega: No. Ortega: The scalp burn, I didn't know he was taking medication for it, I knew he was injured from the Pepsi commercial. (ABC7)

Ortega said TII was going to be in London and there was hope for international tour. Ortega: If the show were to go on to other countries, then I would receive royalties, yes (ABC7)

Panish started asking about preps for “This Is It.” AEG Live reached out to Ortega about working with Jackson on the London shows. A few new emails were displayed before court ended. (AP) Ortega said Paul Gongaware and John Meglan were the ones who contacted him about being part of the TII tour. Email on Feb 10, 2009 from Gongaware to Ortega was the first email the director remembers about the TII. Ortega said MJ kept referring to the tour as "This Is It," so Ortega suggested the tour should be called TII. At this time, Ortega was working on development of movie for Paramount, "Footloose" remake. He was going to direct it. At times, Ortega said he can work in multiple projects, but once one takes off he needs to be exclusive to it. (ABC7)

Ortega said Randy Phillips never told him what happened before the TII press conference with Michael Jackson. He said had he known, it would have had an impact on whether to go forward with TII. "I didn't know anything had happened and I wasn't there, so there wasn't anything to be surprised about," Ortega said"Honestly, I didn't even know if it was for sure," Ortega said. He testified in his depo he was surprised Phillips didn't tell him anything. (ABC7) Panish asked Ortega whether Randy Phillips told him about Jackson’s behavior before the “This Is It” press conference. Ortega said no. Ortega said if he had known about Phillips’ description of Jackson being despondent, it might have impacted his decision to work on show. (AP)

Panish then showed a couple new emails between Ortega and Paul Gongaware. They were about the “This Is It” ticket sales. Gongaware email to Ortega: “Blew out 30 shows today on the presale. Hot doesn’t begin to describe it!" Ortega replied: “I’d say we’re off to a good start LOL congrats to all at AEG!” In another email from March 13, 2009, Gongaware told Ortega they stopped selling tickets at 50 shows. The men also planned a meeting with Jackson at Sony Studios to show off some new effects, the second email showed. AEG Live objected to the emails, saying they weren’t on the exhibit list. Jackson attorneys said they were. (AP)

Email on 3/12/09 from Gongaware to Ortega: Blew out 30 shows today on the presale. Hot doesn't begin to describe it. Ortega responded: I'd say we are off to a good start. Congrats to all. Gongaware responded: We stopped at 50 sold out shows at the O2 arena. Demand was there for another 50. This is history and you're part of it. Ortega responded: Yeah! Good for MJ, God knows he's been out through as much negative as any one person should have to go through. Great news, I couldn't be happier for the Team. (ABC7)

Zusammenfassung von Ivy, MJJC #46

__________________________________________

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

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

[geli2709]

The Jacksons vs. AEG Live — Zeugen der Jacksons, 34. Teil

11. Juli 2013

Seit Montag war Kenny Ortega, der Regisseur der “This Is It” Show im Zeugenstand. Gestern haben wir bereits kurz darüber berichtet. Nachdem es beim ersten Teil der Befragung generell um die kreative Seite von Michael Jackson ging, konzentrierten sich die Fragen am Dienstagnachmittag und gestern auf die “This Is It” Vorbereitungen, insbesondere auf die letzten Wochen und Tage vor Michaels Tod. Kenny Ortega konnte einige Mal seine Tränen nicht verdrängen und musste sogar einmal die Richterin um eine Pause bitten.

“Es geht mir gerade nicht gut. Kann ich eine kurze Pause machen?” Richterin Palazuelos erlaubte Kenny Ortega, dass er sich für ein paar Minuten allein in den Geschworenenraum zurückziehen konnte, um sich wieder zu beruhigen. Insbesondere im Zusammenhang mit seinen Aussagen betreffend Michael Jacksons letzten Tage kamen Kenny Ortega immer wieder die Tränen. Auch Michaels Mutter Katherine musste weinen, als sie Kenny zuhörte.

Nach einer schwachen Probe am 13. Juni 2009 und nachdem Michael am Tag darauf dann gar nicht zu den Proben erschien, schrieb Kenny Ortega eine E-Mail an Paul Gongaware, co-CEO von AEG Live: “Warst Du Dir bewusst, dass MJs Arzt ihn gestern nicht zu den Proben gehen liess? Wissen das Randy (Phillips) und Frank (DiLeo)? Bitte sorge dafür, dass sie sich um MJs Gesundheit kümmern, ohne in MJs Privatsphäre einzudringen. Es wäre vielleicht eine gute Idee, mit seinem Arzt zu sprechen, um sicherzustellen, dass MJ alles hat, was er braucht”. Später sagten die AEG Leute Ortega, dass sie sich mit Murray getroffen hatten und den Arzt damit beauftragt hatten, dafür zu sorgen, dass Michael zu den Proben erscheint. Ortega bekam auch die Natelnummer von Conrad Murray, falls er von diesem wissen musste, ob Michael zu den Proben kommt. Als Michael Jackson eine ganze weitere Woche nicht zu den Proben erschien, rief Ortega Murray an und sie telefonierten eine halbe Stunde lang. “Er sagte mir”, so Ortega über Murray, “er arbeitete einen Plan aus; dieser funktioniere aber nicht”.

Als Michael am 19. Juni zu den Proben erschien, “schien er verloren, kalt und verängstigt”, so Ortega. “Ich sah einen Michael, der Angst hatte; ein Michael, der zitterte und dem kalt war. Ich dachte, da gibt es irgendein emotionales Problem, ein tiefgründiges emotionales Problem, aber auch ein körperliches Problem. Er schien zerbrechlich”. Wie wir vom Schlafexperten erfahren hatte, deuteten diese Symptome darauf hin, dass Michael Jackson über lange Zeit hinweg keinen richtigen Schlaf (mit dem notwendigen Zyklus) erhalten hatte. Schliesslich handelte sich bei Propofol um ein Narkose- und kein Schlafmittel. Kenny Ortega überzeugte Michael Jackson dann, an diesem Abend nicht aufzutreten, weil er Angst hatte, dass Michael sich verletzen könnte. Michael stimmte dem Vorschlag zu und schaute sich die Proben an, während sein Choreograph Travis Payne Michaels Rolle auf der Bühne einnahm. Michael Jackson, so Ortega, habe ihm gegenüber an dem Abend immer wieder gesagt, dass er ihn bitte nicht verlassen solle. “Michael hatte Angst gehabt, dass ich ihn im Stich lassen oder den Job künden würde”, so Ortega.

Da man nur noch 12 Tage Zeit hatte für Proben, bevor man sich nach London begab, befürchtete Ortega, “dass alles, an dem wir zusammen gearbeitet hatten, Michael und ich — dieser Traum, dieser Wunsch — wie ein Kartenhaus zusammenbrechen würde”. An jenem 19. Juni hatte Ortega das Gefühl, dass sie die Produktion stoppen sollten, aber er war hin und her gerissen, weil er Michaels Herz nicht brechen wollte. In der Nacht vom 19. Juni und am folgenden Morgen schrieb Kenny Ortega den AEG Leuten einige E-Mails, in denen er diese warnte, dass sie für Michael professionelle Hilfe anfordern sollten.

Aufgrund dessen kam es dann am 20. Juni 2009 zu dem bereits mehrfach erwähnten Treffen bei Michael zu Hause. Murray hatte Ortega an dem Meeting wütend konfrontiert. “Er sagte, ich hätte kein Recht, Michael nicht proben zu lassen; dass Michael sowohl körperlich als auch emotional durchaus fähig wäre, all seine Pflichten als Performer wahrzunehmen und ich sollte ein Regisseur sein und nicht einen Amateurarzt oder -psychologen spielen”, so Ortega über Murray.

Die nächsten Proben waren dann am 23. Juni und ein total anderer Michael Jackson sei an jenem Tag zu den Proben erschienen. “Es war ein Wunder”, so Ortega. “Ich war so erfreut über Michaels riesen Energie, seinen mentalen Zustand und seinen Enthusiasmus. [...] Es war unglaublich”. Wie wir mittlerweile wissen, war diese Verfassungsänderung dem Umstand zuzuschreiben, dass Conrad Murray Michael Jacksons Propofolbehandlung nach 60 aufeinander folgenden Nächten, an denen das Mittel verabreicht worden war, (vorläufig) eingestellt hatte.

Den Geschworenen wurde anschliessend das Video von den Probeaufnahmen vom “Earth Song” gezeigt — dem Song, den Michael Jackson am 24. Juni 2009 zuletzt peformt hatte. Am darauffolgenden Tag — Kenny war bereits wieder im Staples Center für die Proben — erhielt er einen Anruf von Paul Gongaware: “Unser Junge ist tot”. “Ich glaube, ich befand mich im Schockzustand”, so Ortega. “Ich wollte glauben, dass dies irgendein Spinner sei am Telefon,” sagte Ortega weiter.

Bereits am Dienstagnachmittag sagte Kenny Ortega aus, dass er es sich zweimal überlegt hätte, ob er die Stelle als Regisseur für die “This Is It” Shows annehmen sollte, nachdem er erfahren hatte, was sich kurz vor dem Auftritt Michaels bei der Ankündigung der Konzerte in London im März 2009 abgespielt hatte (siehe unsere beiden Meldungen am 1. Juni http://www.jackson.ch/the-jacksons-v...ksons-14-teil/ und 13. Juni http://www.jackson.ch/the-jacksons-v...ksons-22-teil/). Die AEG Manager hatten Kenny Ortega über diesen Vorfall nicht informiert gehabt, als sie ihn wenige Tage später nach der Pressekonferenz fragten, ob er bei den ”This Is It” Show Regie führen möchte. Hätte er gewusst, wie sich die Konzertvorbereitungen physisch und emotional auf Michael auswirken würden, hätte er den Job wahrscheinlich nicht angenommen, so Ortega.

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

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-34-teil/
Copyright © jackson.ch

[pearl]

"Michael Jackson Prozess: Regisseur Kenny Ortega bricht während emotionaler Aussage zusammen"

http://abclocal.go.com/kabc/story?se...ent&id=9168599

In dem Link gibt es ein Video (Bericht von Miriam Hernandez für Eyewitness News), wo u.a. einige Bilder einer Gerichtszeichnerin aus dem Gerichtssaal gezeigt werden.

[Lena]

Ich habe jetzt noch die ABC-Tweets durchgeschaut und hier nur die Aussagen von Ortega zum Meeting am 20. Juni rausgenommen

von unten nach oben lesen


Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said.
Phillips sagte nichts im Meeting am 20., war mehr ein Beisteher" sagt O.
Öffnen
ABC7 Court News @ABC7Courts 12h


Ortega said MJ responded 'I know, I know, I love you, I will take the reins.'
Ortega sagte MJ antwortete "Ich weiß, ich weiß, ich liebe Dich, ich werde die Zügel in die Hand nehmen"
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ABC7 Court News @ABC7Courts 12h

"Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ.
"Michael sagte, Nein, Nein, Nein, sie waren auch in einer Meinungsverschiedenheit" sagt O. Der Direktor sagte MJ das er sich nur um ihn sorge.
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ABC7 Court News @ABC7Courts 12h

MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said
MJ stand auf, gab Ortega eine Umarmung bevor er ging. "Der Arzt deutete an das MJ ihm etwas anderes gesagt hatte als er nun sagt" sagt O.
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ABC7 Court News @ABC7Courts 12h

Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that.
O. sagte aus, dass er Michael bat Dr. Murray zu erklären, dass MJ fragte zu bleiben aber der Abend anders war. Und MJ tat dies.
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ABC7 Court News @ABC7Courts 12h

Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him.
O. sagte Dr. Murray sagte ihm er solle bei seinem Job bleiben und den Doktor-Job bei ihm lassen.
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ABC7 Court News @ABC7Courts 12h

Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance.
Ortega: Dr. Murray sagte MJ war phys. und emotional fähig die Verantwortung für die Performance zu händeln.
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ABC7 Court News @ABC7Courts 12h

Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse.
Ortega: Er (Murray) war sauer auf mich und sagte ich hätte kein Recht MJ nicht proben zu lassen.
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ABC7 Court News @ABC7Courts 12h

Panish: Did Michael stick up for you? Ortega: Yes
Panish;: Stand Michael für Sie ein? Ortega: Ja.
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ABC7 Court News @ABC7Courts 12h

Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you!
Ortega: Wurde ich jemals runtergeredet, verletzt, beleidigt? Ja viele Male kann ich Ihnen sagen.
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ABC7 Court News @ABC7Courts 12h

Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded.
Panish fragt ob er jemals so in seiner langen Karriere so behandelt wurde. "Oh sicher!" sagt Ortega
Panis
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ABC7 Court News @ABC7Courts 12h

"I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted.
"Ich war baff" Weil ich nicht glaubte das das möglich war, sagt O.
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ABC7 Court News @ABC7Courts 12h

Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show.
Ortega sagte er beschuldigte ihn. Dr. Murray sagte MJ geht es gut und er kann alle Verantwortungen für die Show übernehmen.
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ABC7 Court News @ABC7Courts 12h

Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened.
Ortega: Ich war geschockt weil das was er sagte nicht das reflektierte was passiert ist.
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ABC7 Court News @ABC7Courts 12h

Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained.
Ortega sagte Dr. Murray war wütend auf mich in der Sitzung, "Ich war geschockt" sagt O.



ABC7 Court News @ABC7Courts 12h
Panish; Was he mentally able and stable?
P: War er mental fähig und stabil?
Ortega: I certainly didn't think on June 19th.
O: Ich habe das sicher am 19. nicht gedacht?
Expand
ABC7 Court News @ABC7Courts 12h
Panish: Did you think MJ was in decline?
Ortega: Yes
Expand
ABC7 Court News @ABC7Courts 12h
Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point.
Expand
ABC7 Court News @ABC7Courts 12h
Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray?
P. Hat Phillips Ihnen gesagt das er ein Telefonat mit Murray über 20 Minunten hatte am 20. Juni?
Ortega: Yes, through email
Ortega: Ja per Mail
Expand
ABC7 Court News @ABC7Courts 12h
Dr. Murray was upset with Ortega, the director said.
Dr. Murray war wütend mit Ortega, sagt der Direktor
Expand
ABC7 Court News @ABC7Courts 12h
Ortega described the meeting as "accusatory."
Ortega beschreibt das Meeting als "Anschuldigung"

Panish: Who was the one being accused?
P: Wer wurde beschuldigt?
Ortega: Me
Ortega: Ich
P: Who was accusing you?
P. Wer beschuldigte Sie?
O: Dr. Murray
Expand
ABC7 Court News @ABC7Courts 12h
Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns
Ortega sagt Dr. Murray begann das Treffen. Er sagte er hat das Gefühl das das Treffen über die Nacht zuvor ging und die Tiefe seiner Besorgnis.
Expand
ABC7 Court News @ABC7Courts 12h
Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips.
Ortega ging alleine. Die anderen blieben.: Jackson, Dr. Murray und Phillips
Expand
ABC7 Court News @ABC7Courts 12h
Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour.
Ortega sagt er blieb nicht lange beim Treffen. Er schätzt 10 bis 15 Minuten, definitv unter einer halben Stunde.
Expand
ABC7 Court News @ABC7Courts 12h
Ortega said when he realized the meeting was about him, he stood up to express his feelings.
Ortega sagt als er realisierte das Meeting ist über ihn, stand er auf und sprach über seine Gefühle.
Expand
ABC7 Court News @ABC7Courts 12h
Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house.
Meeting am 20. war mit Michael, Dr. Murray, R. Phillips, und mir.

[geli2709]

The Jacksons vs. AEG Live — Zeugen der Jacksons, 33. Teil

10. Juli 2013

Am Montag hat Dr. Stuart Finkelstein ausgesagt bzw. die Anwälte zeigten den Geschworenen seine eidesstattliche Zeugeneinvernahme vom Februar via Video. Dr. Finkelstein, der jetzt ein Facharzt für Suchverhalten ist, war während der Dangerous Tour 1993 dabei und sein Job war es, sich um die Crew zu kümmern. Zur Erinnerung: Paul Gongaware, der jetzige (Co-)CEO von AEG Live war damals der zuständige Tour Manager.

Gemäss Aussage traf Dr. Finkelstein Michael Jackson zum ersten Mal, als er während des Aufenthalts 1993 in Bangkok in Michaels Suite gerufen wurde. Michael hatte Schmerzen und man (es wurde nicht spezifiziert, wer damit konkret gemeint war) setzte ihn mit Michaels Arzt, Allan Metzger, in Los Angeles telefonisch in Verbindung. Metzger sagte Finkelstein, dass Michael heftige Kopfschmerzen hatte und Finkelstein ihm ein entsprechendes Schmerzmittel verabreichen solle. Dieser wollte Michael Jackson Demerol spritzen, was jedoch aufgrund von harten Vernarbungen (aufgrund früherer Injektionen, so Finkelstein) am Gesäss nicht möglich war. Da eine Spritze zu dem Zeitpunkt nicht möglich war, verabreichte der Arzt Michael während den nächsten 24 Stunden Morphium über einen IV-Drip . Danach konnte Michael wieder auftreten.

Nachdem jedoch ein zweites Konzert in Bangkok verschoben worden war (die tragischen Hintergründe dafür sind uns allen ja bestens bekannt), traf Dr. Finkelstein sich mit dem Promoter Marcel Avram und einem Pressesprecher. Letzterer sagte Finkelstein, dass die offizielle Version laute, dass Michael Jackson dehydriert sei, was gegenüber CNN dann auch als Erklärung abgegeben wurde.

Finkelstein sagte auch aus, dass er damals den Konzertveranstaltern gesagt hatte, dass Michael Jackson medikamentensüchtig war, ihm aber niemand geglaubt hatte. Insbesondere hatte er Gongaware gesagt, dass Michael Jackson von Opiaten abhängig war. Daraufhin hatte Gongaware ihm gesagt, er soll kein Dr. Nick spielen — eine Anspielung auf den Arzt, der Elvis Presley mit rezeptpflichtigen Medikamenten belieferte, die am Ende zu seinem Tod führten.

Finkelstein sagte aus, dass Gongaware und er im 2009 fünf bis zehn Gespräche geführt hätten, wobei es darum ging, ob Finkelstein bei der “This Is It” Tour mitarbeiten würde. Finkelstein sagte, er habe für diesen Job ein Gehalt von USD 40’000 pro Monat verlangt; er wurde jedoch am Ende (wie wir bestens wissen) nicht angestellt.

Seit Montagnachmittag ist Kenny Ortega im Zeugenstand. Thema am Montag war erst einmal Michael Jacksons kreative Seite, seine Stimme, seine Lieder und seine Tänze. Am Dienstagnachmittag wurde mit Ortegas Befragung fortgefahren. Wir werden morgen darüber berichten. Gespannt sein dürfen wir insbesondere was Kenny Ortega betreffend das “Notfalltreffen” bei Michael zu Hause, wenige Tage vor dessen Tod, zu sagen hat. Denn Randy Phillips sagte zuvor aus, dass er sich nicht mehr so genau daran erinnern könne, Conrad Murray hat sich auf den Verfassungszusatz betreffend sein Aussageverweigerungsrecht berufen und Frank DiLeo, der damals auch anwesend war, ist mittlerweile verstorben.

A propos Frank DiLeo. Im Laufe des heutigen Prozesstages wird auch das Thema von Frank DiLeos Computer (nochmals) besprochen werden. Ihr mögt Euch erinnern? Wenn nicht, hier unsere damalige Meldung http://www.jackson.ch/the-jacksons-v...interessantes/. Scheinbar ging das Ganze nicht ganz so reibungslos zu und her. Der Computer wurde dem Gericht bis Ende letzte Woche noch immer nicht übergeben. Die Witwe und Tochter von Frank DiLeo hatten nun bis Montag Zeit, dem Gesuch nachzukommen und dem Gericht den Computer auszuhändigen oder sie müssen wegen Missachtungs des Gerichts damit rechnen, dass sie ins Gefängnis kommen. Auf die Daten/E-Mails von DiLeos Computer darf man wahrlich sehr gespannt sein.

Quellen: jackson.ch, latimes.com, cnn.com, huffingtonpost.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-33-teil/
Copyright © jackson.ch

[Lena]

Hier sind noch die Tweets der restlichen Ortega-Aussage von gestern übersetzt

Post 173 bis 171

http://www.mjjackson-forever.com/index.php?page=Thread&postID=231770#post231770

Ortega wird nochmals in den Stand gerufen werden, wenn AEG seinen Fall präsentiert

[Lena]

Anthony McCartney @mccartneyAP 1m

I'm headed back into the courtroom, will have updates later today.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 1m

"I think it would have severely injured the possibility of the show going on," Kenny Ortega said. Shortly after this, court broke for lunch.
"Ich denke es hätte die Möglichkeit stark erschwert das die Show hätte weiter gehen können" sagt O.
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Anthony McCartney @mccartneyAP 2m

Ortega said he was willing to walk away from the show at this point, leaving it without a director.
O. sagte er war willens die Show zu diesem Zeitpunkt zu verlassen, sie ohne Direktor zu lassen.
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Anthony McCartney @mccartneyAP 2m

The director said he called Murray repeatedly that night, that he was most natural person to reach out to for help. Then he informed AEG.
Der Direktor sagte er rief Murray wiederholt in der Nacht an, da es die natürlichste Person war um nach Hilfe zu rufen. Dann informierte er AEG.
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Anthony McCartney @mccartneyAP 2m

Kenny Ortega agreed when plaintiff's attorney Brian Panish asked him whether the email was a “cry for help.”
Ortega stimmte zu als Panish ihn fragte ob die E-Mail ein Schrei nach Hilfe war.
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Anthony McCartney @mccartneyAP 2m

Panish asked Ortega about a line in his email in which he described feeding Jackson. Ortega said he didn’t literally feed him.
P. frage O. über eine Zeile in der er beschreibt das er Jackson fütterte. O. sagte es war nicht sprichwörlich füttern.
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Anthony McCartney Anthony McCartney @mccartneyAP 3m

Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray.
O. sagte er wollte das Jackson von einem Profi untersucht wird, jemand anderes als Murray
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Anthony McCartney Anthony McCartney @mccartneyAP 3m

After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes.
Nach der Pause fragte P. ob O. besorgt war wegen Murray. O. sagt ja.
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Anthony McCartney Anthony McCartney @mccartneyAP 3m

When the court recessed so Ortega could compose himself, Katherine Jackson rubbed her eyes with a tissue.
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Anthony McCartney Anthony McCartney @mccartneyAP 4m

During some of this morning’s testimony, Katherine Jackson appeared to be crying. Trent kept his arm around her for one long period.
Während der Morgen-Aussage schien Kathrine zu weinen. Trent hielt den Arm um ihre Schulter für eine Weile.
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Anthony McCartney Anthony McCartney @mccartneyAP 4m

“I’m not OK right now,” he told the court. The judge asked if he needed a break. He said he just wanted a second, but judge ordered recess.
"Ich bin nicht Ok im Moment sagte er dem Gericht. Gericht fragt ob er eine Pause braucht. Er sagte er brauche nur eine Sekunde aber Gericht ordnete längere Pause an.
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Anthony McCartney Anthony McCartney @mccartneyAP 5m

Ortega broke down while reading the email. After reading the line, “It broke my heart. He’s like a lost boy,” he had to stop.
Ortega brach ein während er die E-Mail las. Nach dem Lesen der Zeile "Es brach mein Herz, Er ist wie ein verlorener Junge" stoppte er.
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Anthony McCartney Anthony McCartney @mccartneyAP 5m

The court took a 10 minute break around this point. When they came back, Ortega read one of his emails sent after the June 19 rehearsal.
Nach einer 10 Minunten Pause O. kam zurück und las die E-Mail vom 19. Juni.
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Anthony McCartney Anthony McCartney @mccartneyAP 5m

Ortega appeared bothered when Panish asked him about being concerned for the production. “I was only thinking about Michael,” he said.
Ortega erschien verärgert als Panish ihn fragte ob er besorgt war wegen der Produktion. " Ich habe nur an Michael gedacht" sagte er.
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Anthony McCartney Anthony McCartney @mccartneyAP 5m

“I thought Michael had a problem on the 19th,” Ortega said. “I wasn’t thinking about the ('This Is It') production on the 19th.”
"Ich dachte Michael hat ein Problem am 19." sagt O. " Ich dachte nicht über die TII-Produktion am 19. nach"
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Anthony McCartney Anthony McCartney @mccartneyAP 6m

Ortega’s testimony about the June 19, 2009, rehearsal is covered in this story: http://bit.ly/11CWvn8
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Anthony McCartney Anthony McCartney @mccartneyAP 6m

It was that then that Ortega testified about the night of June 19, 2009 and being “frightened” by Jackson’s condition.
Aussage zum 19. folgt.
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Anthony McCartney Anthony McCartney @mccartneyAP 6m

Panish asked whether things got better or worse after the June 16 meeting at MJ’s house. Ortega said they got worse.
P. fragt ob die Dinge besser oder schlechter wurden nach dem 16. Juni in MJs Haus. O. sagt schlechter.
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Anthony McCartney Anthony McCartney @mccartneyAP 7m

Ortega said he had so much going on at the time, he just doesn’t remember it. “I could have had this meeting,” he said.
O. sagte es ging so viel vor in dieser Zeit, er kann sich nicht erinnern. "Es könnte dieses Treffen gewesen sein."
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Anthony McCartney Anthony McCartney @mccartneyAP 7m

Panish showed Ortega an email indicating he was planning to go to a meeting with Randy Phillips, others.
P. zeigt O. eine Mail worin ein Treffen mit Phillips geplant war und anderen.
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Anthony McCartney Anthony McCartney @mccartneyAP 7m

Panish then asked Ortega whether he went to Jackson’s house for a meeting on June 16, 2009. KO said he didn’t remember going to the house.
P. fragt O. ob er in Jacksons Haus ging für ein Treffen am 16. Juni. KO sagt er erinnert sich nicht daran.
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Anthony McCartney Anthony McCartney @mccartneyAP 7m

Michael Bearden email: “His (voice) sounds amazing right now, he just needs to build it back up.”
Michael Bearden E-Mail: "Seine Stimme ist wundervoll derzeit, er muss es weiter ausbauen"
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Anthony McCartney Anthony McCartney @mccartneyAP 8m

Bearden in the email wrote that Jackson’s voice was fine, he just wanted strong enough to dance and sing at the same time.
Bearden schrieb in einer Mail das Jacksons Stimme gut ist, er muss noch stark genug werden um zu tanzen und singen in der gleichen Zeit.
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Anthony McCartney Anthony McCartney @mccartneyAP 8m

Singing the ballads would give him time to work up to full strength, music director Michael Bearden suggested.
Wenn er die Balladen singt hat er Zeit seine volle Stärke zu entwickeln schlug Bearden vor.
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Anthony McCartney Anthony McCartney @mccartneyAP 8m
Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show.
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Anthony McCartney Anthony McCartney @mccartneyAP 8m

Panish: “It was fairly obvious, wasn’t it?” Ortega: “Yes.” (in reference to Jackson being at concerts while impaired.)
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Anthony McCartney Anthony McCartney @mccartneyAP 9m

Ortega said he saw Jackson under the influence of something _ he didn’t know what _ during at least 4 rehearsals.
O. sagt er sah Jackson unter dem Einfluss von etwas- er weiß nicht was- bei mindestens 4 Proben.
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Anthony McCartney Anthony McCartney @mccartneyAP 9m

The director also said that Stacy Walker, who previously testified, expressed concern.
Der Dirketor sagte das Stay Walker, die bereits aussagte, Besorgnis äußerte.
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Anthony McCartney Anthony McCartney @mccartneyAP 10m

Later, Ortega would identify Payne, Karen Faye, and Alif Sankey as workers who expressed concerns about Jackson being under the influence.
Später identifizierte er Payne, Faye und Sankey als Mitarbeiter die Besorgnis kund taten über Jackson unter Einfluss von etwas.
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Anthony McCartney Anthony McCartney @mccartneyAP 10m

He said he didn’t recall Travis Payne telling him Jackson looked “assisted” but he doesn’t dispute it happened.
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Anthony McCartney Anthony McCartney @mccartneyAP 10m

Ortega was then asked about Jackson showing up to rehearsal and being under the influence of something.
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Anthony McCartney Anthony McCartney @mccartneyAP 11m

Ortega said he had serious concerns at this point whether or not the “This Is It” shows would happen.
O. sagte er hatte ernsthafte Sorgen zu diesem Zeitpunkt, dass die TII Show passieren wird.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 11m

This email was sent roughly a month before “This Is It” was scheduled to premiere at the O2 Arena.
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Anthony McCartney Anthony McCartney @mccartneyAP 11m

Ortega email snippet: “He is not in great physical shape. I believe he’s hurting. He has been slow at grabbing hold of the work.”
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Anthony McCartney Anthony McCartney @mccartneyAP 11m

Kenny Ortega discussed emails he sent on June 14, 2009 regarding Jackson’s missed rehearsals, poor condition.
O diskutierte E-Mails vom 14. Juni bzgl. Jacksons verpasster Proben, und schlechter Verfassung
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Anthony McCartney Anthony McCartney @mccartneyAP 11m

Panish asked Ortega whether he was aware of AEG Live execs wanting to “pull the plug” on him. He said he wasn’t.
P fragte O. ob er wusste das die AEG-Live Exes den Stecker ziehen wollten. Er sagt nein.
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Anthony McCartney Anthony McCartney @mccartneyAP 12m

Ortega: “I don’t think we discussed stopping the show. I think we discussed that unless things changed, we might have to.”
O: "Ich glaube nicht das wir diskutierten die Show zu stopen. Ich denke wir diskutierten wenn sich Dinge nicht ändern, mag es passieren."
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Anthony McCartney Anthony McCartney @mccartneyAP 12m

Ortega initially said he thought that he and Phillips discussed stopping the show, but then clarified.
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Anthony McCartney Anthony McCartney @mccartneyAP 12m

Ortega said it’s a phrase he uses, but he didn’t recall AEG Live CEO Randy Phillips using it re: “This Is It.”
O sagte es ist eine Formulierung die er nutzte, aber er kann sich nicht erinnnern, das Phillips sie für TII nutzte.
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Anthony McCartney Anthony McCartney @mccartneyAP 12m

At the start of his testimony, Kenny Ortega was asked about the phrase “pull the plug” in reference to “This Is It” shows.
Diskussion zum Satz "Den Stecker ziehen" in Bezug auf die TII-Shows.
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Anthony McCartney Anthony McCartney @mccartneyAP 13m

Will get out a few updates from the morning session in Jackson vs. AEG Live before we go back into court..

[Lena]

Ortega hat heute über den 19. Juni ausgesagt und sagte, dass er einen Michael sah, der ihn erschreckte. Sein Zustand verhinderte, dass er an der Proben teilnahm. Jacksons Zustand sei ziemlich offensichtlich gewesen für andere die in der Produktion involviert waren. Ortega sagte aus, dass er zuvor an einer Anzahl von Proben nicht teilnahm und bei 4 Anlässen unter dem Einfluss einer Substanz schien. Ortega brach zusammen als er seine Mail vom 19. an Phillips vorlas. K. Jackson, die im Gericht ist schien ebenfalls zu weinen.

Director says Jackson's behavior frightened him

Updated: Wednesday, 10 Jul 2013, 3:15 PM EDT
Published : Wednesday, 10 Jul 2013, 2:45 PM EDT

LOS ANGELES (AP) — The director of Michael Jackson's ill-fated comeback concerts told a jury on Wednesday that he was frightened when Jackson was shivering and seemed lost at one of his final rehearsals.

The rehearsal occurred six days before Jackson died in June 2009, Kenny Ortega testified during a lawsuit filed by Jackson's mother.

"I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."

Jackson's condition prevented the singer from rehearsing that day. Ortega said.

The director-choreographer also said Jackson had missed numerous rehearsals for his planned "This Is It" concerts and appeared to be under the influence of a substance on at least four occasions when he did attend the sessions.

Jackson's state was "fairly obvious" to others involved in the production, he said.

Ortega later broke down while reading an email he sent to the CEO of concert promoter AEG Live LLC describing Jackson as a "lost boy." The singer's mother Katherine Jackson also appeared to cry during the court proceedings in which her son's final days were described.

Ortega testified in the negligent hiring lawsuit filed by Jackson's mother against AEG Live.

She claims the company missed warning signs about her son's health and failed to properly investigate the doctor later convicted of involuntary manslaughter after giving him an overdose of the anesthetic propofol.

AEG denies it hired Jackson's doctor, Conrad Murray. The company also says there was no way it could have known the doctor was giving Jackson propofol as a sleep aid.

Ortega previously detailed his observations about the June 19, 2009, rehearsal during Murray's criminal trial.

[geli2709]

Übersetzung von maja5809


Zwei Artikel über Ortegas Aussage:

LOS ANGELES (KABC) -- The director of Michael Jackson's comeback tour testified Tuesday about what he called a very unusual arrangement, being in close contact with Jackson's doctor.

http://abclocal.go.com/kabc/story?sectio…ment&id=9167665

Weeks before the planned opening of Michael Jackson's comeback tour, show director Kenny Ortega says he and the star worried that the production would not be ready. Ortega testified that special-effect numbers demanded more time.

Wochen vor dem geplanten Start der MJ Comeback Show sagte Kenny Ortega, dass er und der Star sich darüber Gedanken machten, dass die Produktion nicht fertig werden würde. Ortega sagte das die Spezial-Effekt Nummern mehr Zeit brauchten.

Further probing by Jackson attorney Brian Panish revealed deeper troubles.
Weeks before the production was to relocate to London, Jackson was missing one rehearsal after another.

Wochen bevor die Produktion nach London verlagert wurde, versäumte Jackson eine Probe nach der anderen.
Ortega sagte aus: „Ich hatte mehr als ernthafte Bedenken. Ich hatte das Gefühl, wir würden es nicht schaffen.“

Ortega testified: "I had more than a serious concern. It was my feeling that we were not going to make it."
The jurors were shown phone records: Ortega making multiple calls to Doctor Conrad Murray, Jackson's personal physician.
Ortega says he became connected to Murray as part of an arrangement made by AEG executives, promoters of Jackson's tour. Ortega says that to get the production on track, AEG CEO Randy Phillips and Murray would be in charge of getting Jackson to rehearsals. Ortega and Jackson would be responsible for the show.

Den Juroren wurden Telefongespräche gezeigt: Ortega machte mehrere Anrufe zu Dr. Murray, Jacksons Arzt.
Ortega sagt er kam mit Murray als Teil einer Vereinbarung in Kontakt, die voe den Verantwortlichen von AEG gemacht wurden. Ortega sagt, um die Produktion in die Spur zu bekommen, waren AEG CEO Phillips und Murray dafür verantwortlich, Jackson zu den Proben zu bekommen. Ortega und Jackson waren verantwortlich für die Show.

The Jackson attorneys say the arrangement reveals what is called an "implied-in-fact" contract. Even though Murray's independent contract agreement was never signed by AEG or Michael Jackson, that the conduct of AEG executives allegedly demonstrated that Murray was employed by AEG.

Der Anwalt der Jacksons sagt, die Vereinbarung zeige einen Vertrag, der sich „Den Umständen nach als bestehend geltend“ nennt. Auch wenn Murrays unabhängige Vertragsvereinbarung nie von AEG oder MJ unterzeichnet wurde, zeige das Verhalten/die Leitung der AEG Leute, dass Murray bei AEG angestellt war.

The core of Katherine Jackson's lawsuit is that while Murray caused Jackson's death, AEG is responsible for hiring Murray and failing to monitor him.
The defense maintains that Jackson kept his demand for the sedative propofol a tightly guarded secret and that AEG executives knew nothing about the nightly infusions Jackson was getting at his home behind closed doors.

(Copyright ©2013 KABC-TV/DT. All Rights Reserved.)
..........................................

Aus einem LATimes Artikel:

“Have you ever seen a situation where a CEO of a promoter and producer and a physician were responsible for an artist’s rehearsal and attendance schedule?” Jackson family attorney Brian Panish asked.
“No,” Ortega replied.

„Hatten sie je eine Situation, in der ein CEO des Promoters und Produzeten und ein Arzt für die Teilnahme des Künstlers an den Proben verantwortlich waren?“
Ortega: „Nein.“

Panish showed the director records that there were 13 phone calls between Ortega and Murray on June 19, six days before Jackson died. “I remember that day,” Ortega said. Jackson showed up several hours late for a costume fitting and was cold and shivering, Ortega testified. He said that about that time, Jackson was complaining of back pain, slow at “growing into the show,” losing weight and his balance seemed off.

Panish zeigte dem Direktor(Ortega) Aufzeichnungen, dass es 13 Anrufe zwischen Ortega und Murray am 19 Juni gab, sechs Tage bevor Jackson starb. „Ich erinnere mich an den Tag“ sagt Ortega. Jackson kam mehrere Stunden zu spät zur Kostümprobe und ihm war kalt und er zitterte, sagte Ortega. Er sagt, dass Jackson zu dieser Zeit über Rückenschmerzen klagte, und nur langsam in die Show fand, Gewicht verlor und dass sein Gleichgewicht gestört schien.

Ortega said he phoned Murray out of frustration that the star of the show was not coming to rehearsal and that the schedule wasn’t working. He said it was fair to call his actions a cry for help. “It’s not beyond how I would have described the call,” he said.

Ortega sagt, er rief Murray aus Frustration an, darüber, dass der Star der Show nicht zu den Proben kam und dass der Probenplan nicht funktionierte. Er sagt, seine Handlungen kann man als Hilfeschrei bezeichnen. „Das ist nicht übertrieben, wie ich diesen Anruf nennen würde.“

The director said he was working on the concerts for some time without a contract with AEG, which he finally signed on April 25, 2009. The contract would have paid him $1.5 million plus bonuses if Jackson took the tour elsewhere after the London dates.
He said he was paid for the work he performed before the deal was consummated. That is a key point for the Jacksons. Murray signed his contract the day before Jackson died, although he had been working as the singer’s doctor well before then. AEG never signed the contract, and Murray was never paid.

Der Direktor sagt, er arbeitete einige Zeit für die Konzerte ohne Vertrag mit AEG, und er unterzeichnete ihn schliesslich am 25.4.09. Der Vertrag hätte ihm 1,5Mio$ gezahlt, plus Boni, wenn Jackson die Tour über die London-Termine hinaus ausweitete.
Er sagt, er wurde für die ausgeführte Arbeit bezahlt, bevor der Deal abgeschlossen war. Das ist ein Kernpunkt für die Jacksons. Murray unterzeichnete seinen Vertrag einen Tag, bevor Jackson starb, obwohl er als Arzt des Sängers schon davor gearbeitet hatte. AEG unterzeichnete den Vertrag nie, und Murray wurde nie bezahlt.

http://www.latimes.com/local/lanow/la-me…0,2033963.story

[Lena]

Fortsetzung der Ortega-Aussage, von unten nach oben.

ABC7 Court News @ABC7Courts 2h
Court then adjourned. Jury ordered back at 9:45 am PT tomorrow with more Kenny Ortega on the stand. We hope to see you then!
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ABC7 Court News @ABC7Courts 2h
Ortega said the intention was to get assistance in trying to help Michael in every way possible so he could go to rehearsal.
O. sagt die Absicht war Assitenz zu erhalten um Michael zu helfen in jeder möglichen Weise so dass er zu den Proben kommen kann
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ABC7 Court News @ABC7Courts 2h
On Jun 14, Ortega wrote to Gongaware that MJ was not allowed to attend the rehearsals the day, asked about MJ's nourishment/therapy.
Am 14. Juni schrieb O. an G. das MJ nicht erlaubt wurde von Murray zu der Proben zu kommen und fragt nach einer Ernährungs/therapie.
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ABC7 Court News @ABC7Courts 2h
June 13th, Payne wrote an email saying MJ was taking a sick day, per doctor's order.
Am 13. Juni schrieb Payne. eine Mail an MJ sagend er hatten einen Krankentag auf Anweisung des Arztes
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ABC7 Court News @ABC7Courts 2h
Ortega: The choreographer is not responsible for the artist's physical/emotional, but if they see something they are to report to director
O. sagt Choreographer ist nicht verantworltich für den emotionalen/phys. Zustand des Künstlers, aber wenn sie etwas sehen berichten sie dem Direktor
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ABC7 Court News @ABC7Courts 2h
Panish showed an email from Alif Sankey expressing concerns about MJ on June 4.
P. zeigt E-Mail von Sankey, die Besorgnis über MJ ausdrückt am 4. Juni.
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ABC7 Court News @ABC7Courts 2h
Panish: Did you think he was communicating with clarity?
P. Dachten Sie er kommunziert mit Klarheit
Ortega: No. For part of the evening. He got better
O. Nein, teilweise am Abend wurde es besser.
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ABC7 Court News @ABC7Courts 2h
Panish: Did he seem lost?
P. Sah er verloren aus?
Ortega: Yes, on the 19th
O. Ja am 19.
P: Did he seem paranoid?
P: Sah er pranoid aus?
O: Yes
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ABC7 Court News @ABC7Courts 2h
Regarding MJ's balance, Ortega said there was a period of time it wasn't as good as it had been.
Bezügl. MJs Balance, sagt O. es gab eine Zeit wo sie niicht zu gut war wie sonst.
Ortega said MJ complained of back pain.
Ortega sagte MJ klagte über Rückenschmerzen
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ABC7 Court News @ABC7Courts 2h
Panish: How about losing weight?
P. Wie war es mit Gewichtsverlust?
Ortega: I had a concern, yes
O. Ich hatte eine Besorgnis, Ja
Panish: How about balance issues?
P. Wie war es mit Balancesachen
Ortega: Yes
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ABC7 Court News @ABC7Courts 2h
Ortega said on June 19th MJ was cold, shivering. "He was slow at growing into the show," Ortega explained.
O. sagt am 19. Juni war es MJ kalt, er zitterte. " Er war langsam darin in die Show reinzukommen" erklärt O.
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ABC7 Court News @ABC7Courts 2h
Ortega explained it was hard for him as a director to work like that, so he went to AEG's high ups.
O. sagt es war schwer für ihn als Direktor so zu arbeiten, so ging er zu den AEG-Oberen
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ABC7 Court News @ABC7Courts 2h
On June 19, there was a fitting to take place. Michael showed up but very late, Ortega said.
Am 19. gabe es eine Anprobe. Michael kam, aber sehr spät.
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ABC7 Court News @ABC7Courts 2h
They were going to rehearse in London as well. As of June 19th, Ortega hadn't seen MJ for a week or more.
Sie würden in London auch proben. Am 19. Juni hatte O. Michael nicht für eine Woche gesehen.
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ABC7 Court News @ABC7Courts 2h
Panish: You had serious doubt?
P. Hatten Sie ernsthafte Zweilfe?
Ortega: Yes
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ABC7 Court News @ABC7Courts 2h
"On the 19th I had more than a serious concern that the show could go on," Ortega said.
"Am 19. hatte ich mehr als ernsthafte Bedenken, dass die Show weiterging" sagt O.
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ABC7 Court News @ABC7Courts 2h
They were supposed to leave for London on July 3, so they has 10-12 rehearsals remaining.
Sie beabsichtigten nach London am 3. Juli zu gehen, esb blieben 10 bis 12 Probetage
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ABC7 Court News @ABC7Courts 2h
Before June 19, Ortega said MJ hadn't come to rehearsals for a "good week," but it could've been more.
Am 19. sagt O war MJ eine gute Woche nicht bei den Proben.
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ABC7 Court News @ABC7Courts 2h
Ortega: I remember there was plan to get schedule in order, it was my feeling we weren't going to make it, there was plan to make it clear
O: Ich erinnere mich es gab einen Terminplan, es war mein Gefühl wir schaffen es nicht, es gab einen Plan es abzuklären
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ABC7 Court News @ABC7Courts 2h
Ortega's first phone call was at 11:25 am and MJ was not at rehearsal.
Ortegas erster Anruf war um 11.25 Uhr und MJ war nicht bei den Proben.
Panish: Did you learn they had an intervention?
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ABC7 Court News @ABC7Courts 2h
On Jun 19, there were several calls between Ortega and Dr. Murray. Ortega remembers this date because there was an issue with MJ.
Am 19. Juni gab es verschiedene Anrufe zwischen O. und. Dr. Murray. O. erinnert sich an das Datum weil es ein Problem mit MJ gab.
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ABC7 Court News @ABC7Courts 2h
Ortega said MJ was his directing partner, he needed the artist to get the show on the road.
O sagt. MJ war sein Direktor-partner, er braucht den Künstler um die Show auf die Straße zu bekommen
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ABC7 Court News @ABC7Courts 2h
"That all we worked, MJ and I, this dream, this goal he and I had, tis desire, was going to fall away," Ortega explained.
"Das alles an dem wir arbeiteten, MJ und ich, dieser Traum, dieses Ziel, dass er und ich hatten, dieser Wunsch, all dies schien zu zerfallen" sagt O.
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ABC7 Court News @ABC7Courts 2h
Panish: Remember yourself having serious frustration on June 18th?
P. Erinnern Sie sich das sie frustriert waren am 18. Juni?
Ortega: Yes
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ABC7 Court News @ABC7Courts 2h
MJ wasn't showing up at all at rehearsals in June, Ortega testified. "I recall MJ not coming to rehearsals for a period of time in June."
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ABC7 Court News @ABC7Courts 2h
Panish: Were you ever involved in a show where you called a doctor of an artist when he was not coming to rehearsals?
P. Waren Sie jemals in eine Show involviert wo Sie einen Doktor anriefen wenn der Künstler nicht zu den Proben kam?
Ortega: No
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ABC7 Court News @ABC7Courts 2h
Panish: Every scheduled day?
Ortega: That I don't know
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ABC7 Court News @ABC7Courts 2h
Panish: Was Michael coming every day to rehearsal in June?
P. Kam Michael zu jeden Proben im Juni?
Ortega: No
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ABC7 Court News @ABC7Courts 2h
"My own frustrations" Ortega said explaining Murray was creating the schedule, which wasn't working. "He was my lifeline so to speak"
"Meine eigene Frustration. O. sagt Murray machte eine Terminierung, die nicht funktionierte.
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ABC7 Court News @ABC7Courts 2h
Ortega said they were already in rehearsals and the only reason KO would call Murray was to inquire about MJ's non-appearance at rehearsals.
O. sagt sie waren bereits in den Proben und der einzige Grund das KO Murray anrufen würde war um MJs Nicht-Erscheinen bei den Proben abzukären
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ABC7 Court News @ABC7Courts 2h
There were 4 calls between Dr. Murray and Ortega on June 18. One lasted 30 minutes.
Es gab 4 Anrufe zwischen Murray und O. am 18. Juni. Einer dauerte 30 Minuten
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ABC7 Court News @ABC7Courts 2h
"At some point, it became my number one concern," Ortega said about MJ showing up at rehearsals.
"Es gab einen Punkt, da wurde es meine Nummer1-Besorgnis, sagt O. darüber das MJ nicht zu den Proben kam.
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ABC7 Court News @ABC7Courts 2h
"I just wanted him to come to rehearsal," Ortega said. "In terms of when he came I was willing to structure everything around that."
"Ich wollte nur das er zu den Proben kommt" sagt O. " In Bezug auf auf das war ich willens alles drumherum zu struktuieren"
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ABC7 Court News @ABC7Courts 2h
Panish asked if Ortega had ever seen a situation where a CEO of a company was responsible for the artist's schedule/attendance. Ortega: No
P. fragt O. ob er jemals eine Situation gesehen hat wo ein CEO für eine Firma verantwortlich ist für die Anwesenheit eines Künster
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ABC7 Court News @ABC7Courts 3h
Email cont'd: & structure in consultation with MJ. Randy Phillips and Dr. Murray are responsible for MJ's rehearsal and attendance.
& Struktur in Konsultation mit MJ. R. Phillips und Dr. Murray sind verantworltich for MJs Proben und Anwesenheit
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ABC7 Court News @ABC7Courts 3h
Email on June 23, 2009 from Timm Wooley to Bob Taylor:
Email am 23. Juni vom Timm Wooley an Bob Taylor
Changes are structural only:
KO has responsibility only for the show content
KO hat nur Verantwortung für Showinhalt
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ABC7 Court News @ABC7Courts 3h
Panish: Was there a time you were concerned MJ wasn't showing up at rehearsals?
P. Gab es Zeiten wo sie besorgt waren, dass MJ nicht zu den Proben kam?
Ortega: Yes
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ABC7 Court News @ABC7Courts 3h
Dr. Murray would give Ortega the schedule rehearsal. Ortega said it was not unusual, but he never had a doctor give him artist's schedule.
Dr. Murray gab O. die Probenterminierng. O. sagt es war nicht ungewöhnlich aber er hatte niemals einen Arzt der ihm die Terminierung des Künstlers gab
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ABC7 Court News @ABC7Courts 3h
"First it was Dr. Murray and then Randy helped," Ortega said about MJ's rehearsal schedule.
"Zuerst war Dr. Murray und dann Randy der half" sagt O. über MJs Probenterminierung
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ABC7 Court News @ABC7Courts 3h
Panish: Who was responsible for the content of the show?
P. Wer war verantwortlich für den Inhalt der Show?
Ortega: Michael Jackson
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ABC7 Court News @ABC7Courts 3h
It was either Phillips or Paul Gongaware who told Ortega Dr. Murray would be making MJ's schedule and would help MJ get to rehearsal.
Es war entweder Phillips oder G. der ihm sagt Dr. Murray würde bei der Probenterminierung helfen
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ABC7 Court News @ABC7Courts 3h
MJ went to 2 rehearsals at Staples, June 23rd and 24th. Ortega said Dr. Murray was involved in creating Michael's scheduling for rehearsals
MJ kam zu den Proben am 23. und 24. Juni. O. sagt Dr. Murray war involviert in Michaels Probenterminierung
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ABC7 Court News @ABC7Courts 3h
Ortega met Dr. Murray at the Carolwood home in April or May. He remembers the doctor going to rehearsals once or twice.
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O. traf Dr. Murray im Arpril oder Mai in Carolwood. Er erinnert sich ihn 1.oder 2-mal gesehen zu haben bei den Proben.
ABC7 Court News @ABC7Courts 3h
Phillips is quoted in release that "this is a one-off adjustment do purely technical reasons and we don't anticipate any further changes."
Phillips wird zitiert " es ist eine einmalige Änderung aus Techn. Gründen und wir erwarten keine weiteren Änderungen"
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ABC7 Court News @ABC7Courts 3h
"The show got so big," Ortega explained, saying he needed an extra week to get it ready.
"Die Show wurde so groß, sagt O. das sie eine extra Woche brauchten um sie fertig zu bringen."
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ABC7 Court News @ABC7Courts 3h
Ortega said they were exaggerating, and that he thought the press release was "creatively misleading."
O sagt es war übertrieben und er dachte die Pressemitteilung ist kreativ irreführend.
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ABC7 Court News @ABC7Courts 3h
Email cont'd: another planet" or "never before seen staging." We are not doing the Chinese Olympics.
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ABC7 Court News @ABC7Courts 3h
Email cont'd: I feel strongly that it is unnecessary and misleading to both of the press and fans to suggest things as "staging is from
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ABC7 Court News @ABC7Courts 3h
Email on 5/19/09 from Ortega regarding the postponement of the show:
I'm uncomfortable with the way the release reads at this moment.
E-Mail vom 19.05.13 von O.
"Ich fühle micht nicht wohl mit der Art wie sich die Veröffentlichung liest. Ich denke es ist nunnötig für Presse und Fans zu suggerieren das das Staging vom anderen Planeten ist "oder niemals zuvor Staging". Wir machen nicht die chin. Olympiade."
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ABC7 Court News @ABC7Courts 3h
"As a director of the show, I didn't feel we would be ready for the show's original dates," Ortega said.
"Als Direktor der Show fühlte ich nicht, dass wir nicht fertig sind zu den orginalen Datum", sagt O.
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ABC7 Court News @ABC7Courts 3h
Ortega: Michael and I both wanted to extend our time before opening, so I felt comfortable taking the heat (of postponing it).
O: Michael und ich wollten beide die Zeit vor den Konzerten verlängern, so fühlte ich mich wohl mit einer Verschiebung
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ABC7 Court News @ABC7Courts 3h
The concerts were supposed to start in London on July 8.
Konzerte sollten am 8. Juli beginnen
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ABC7 Court News @ABC7Courts 3h
The contract says Ortega could get a total of $1.5 million, plus $100K for each of the five territories and $250K for the US.
Vertrag sagt O. bekam eine Gesamtsumme von 1,5 Mio. Dollar und 100000 Dollar für jedes der 5 Gebiete und 250000 Dollar für die USA.
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ABC7 Court News @ABC7Courts 3h
Contract: and incorporated herein by this reference.
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ABC7 Court News @ABC7Courts 3h
Contract cont'd: confirmed in emails between the parties' representatives, which such emails are attached hereto as Exhibit "A"
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ABC7 Court News @ABC7Courts 3h
Contract cont'd: (the "Agreement) between Company, on the one hand, and Employer and Employee, on the other hand, as previously
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ABC7 Court News @ABC7Courts 3h
Ortega Contract:
The principal terms and conditions of Employer and Employee's engagement for the Concerts are set forth in the agreement
Ortega Vertrag:
Die wesentlichen Bedingungen von Arbeitgeber und Arbeitnehmer für das Engagement und für die Konzerte sind in der Vereinbarung festgelegt....

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ABC7 Court News @ABC7Courts 4h
Ortega did not have a written agreement when he did the dancers audition.
O hatte keinen schriflt. Vertrag als er die Tänzer-Auditions machte.
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ABC7 Court News @ABC7Courts 4h
Ortega doesn't know when he signed his contract. Panish showed a copy of Ortega's contract. It was executed on April 25, 2009.
O. weiß nicht wann er den Vertrag unterschrieb. P. hat eine Kopie. Er wurde am 25. April 09 unterzeichnet.
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ABC7 Court News @ABC7Courts 4h
Ortega said he performed auditions for dancers, singers, band and interviewed various people for various designer's role.
O. sagt er machte die Auditions für Tänzer, Sänger Band.......
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ABC7 Court News @ABC7Courts 4h
Ortega: It would all work out and I kept the faith that that would happen.
O. Es würde alles ausgearbeitet werden und ich hatte den Glauben es wird passieren
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ABC7 Court News @ABC7Courts 4h
He and Payne continued working without a contract. "It was my hope and in the end we would come to terms," Ortega said.
Er und Payne arbeiteten weiter ohne Vertrag. "Es war meine Hoffung am Ende würde es zu guten Bedingungen sein " sagt O.
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ABC7 Court News @ABC7Courts 4h
Ortega didn't think the negotiations were dead. He kept working in good faith. Ortega and Payne share the same agent (Julie McDonald).
O. sagt er dachte nicht das die Verhandlungen tot sind. Er arbeitete weiter in gutem Vertrauen. O. Und Payne haben den gleichen Agent.
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ABC7 Court News @ABC7Courts 4h
Panish asked if this was a negotiation tactic? Ortega smiled and answered perhaps.
P. sagt war es eine Verhandlungstaktik? O. lacht und sagt vielleicht.
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ABC7 Court News @ABC7Courts 4h
Panish: Were you surprised?
P. Waren Sie überrascht?
Ortega: Was I surprised? No
O: Nein ich war nicht überrascht.
"Not what I expected, but sometimes negotiations take time," Ortega explained.
"Nicht was ich erwartete, aber Verhandlungen brauchen manchmal Zeit" sagt O.
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Judge asked what "financial requirements" meant to him, and Ortega said it referred to his salary.
Gericht fragt was finanzielle Forderungen bedeutet, O. sagt es ging um sein Gehalt.
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"I remember it had to be approved by Mr. Jackson," Ortega said about the email. He testified he never spoke about money with MJ.
"Ich erinnere mich es musste genehmigt werden von Mr. Jackson, sagt O. über die Mail. Er sprach nie mit MJ über Geld.
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Email cont'd: I know, but I haven't been able to find a way to make this work. My deepest, most sincere apology.
Paul G
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Email cont'd: I'm totally bummed by this. Couldn't sleep last night trying to figure it out. We need to move forward quickly.
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Email on March 25, 2009 from Gongaware to Ortega:
Kenny,
I'm afraid we may not be able to meet your financial requirements for a deal.
E-Mail am 25.03. von G. an O:
Ich befürchte wir können nicht Deine finanziellen Forderungen für den Deal eingehen. Ich bin total enttäuscht, aber ich habe keinen Weg gefunden um dies möglich zu machen. Meine tiefste Entschuldigung.
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Panish: Did you ask Bugzee to write an email on your behalf?
P: Sagten Sie Bugzee er solle eine E-Mail im Namen von Ihnen schreiben?
Ortega: Not that I recall
O: Nicht das ich mich erinnere.
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"I wouldn't have called him stage manager," Ortega said about Bugzee (Houghdahl).
"Ich würde ihn nicht als Stagemanager bezeichnen sagt O.
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Ortega said Bugzee was not the stage manager. He worked under Paul Gongaware as accountant, Ortega explained.
O. sagt Bugzee ist nicht der Stage-Manager. Er arbeitet unter P. Gongaware als Buchhalter.
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Ortega said Karen Faye reached out to him, had already spoken with MJ about being part of the crew.
O. sagt Karen Faye erreichte ihn als sie bereits mit MJ gesprochen hatte und wusste das sie Teil der Crew ist.
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Panish showed an email with names of artists who were to be involved in the "This Is It" tour.
Namen von Künstlern wird gezeigt, die in TII involviert waren
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Ortega said he obviously wanted to make Michael look good, but the intention was to tell the story.
Ortega sagt natürlich wollte er das Michael gut aussieht, aber seine Intention war es die Geschichte zu erzählen.
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"My goal was to edit together the pieces to tell a story about what Michael's goals for the show were," Ortega explained.
"Mein Ziel war es die Stücke zusammenzubringen um eine Story zu erzählen was Michaels Ziele für die Show waren" sagt O.
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Ortega said the turns are called pencil turns, and he compared MJ to the famous ballet dancer Mikhail Baryshnikov.
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"I think Baryshnikov and Michael battled it up to see who could do more multiple 360s," Ortega testified.
"Ich denke Baryshnikow und Michael hatten einen Wettkampf um zu sehen wer mehr 360er Spins machen kann" sagt O.
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Jackson and Travis were more involved in the actual dance steps and performances, Ortega said.
Jackson und Travis waren mehr involviert in die aktuellen Tanzschritte und Peformances sagt O.
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Ortega had not worked with MJ for more than 10 years. In terms of creativity, Ortega said not much had changed between the two.
Ortega hat mit MJ seit 10 Jahren nicht mehr gearbeitet, in Bezug auf Kreativtät habe sich nicht viel zwischen den beiden geändert.
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"I didn't discuss financing with MJ," Ortega said.
"Ich habe keine Finanzen mit MJ diskutiert" sagt O.
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Panish asked if AEG wanted to do production within reasonable costs. "I think that's general position of responsible producers," Ortega said
P. fragt ob AEG die Produktion machen wollte mit angemessenen Kosten.
"Ich denke das ist die generelle Postition von verantwortlichen Produzenten" sagt O.
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Ortega said he was only involved in the negotiation of Travis Payne's payment.
O. sagt er war nur invovliert in den Verhandlungen für T. Paynes Bezahlung
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"In order to get into each other's head and for me to be in the same page with MJ on where his plans were for the show," Ortega explained.
"Um sich in den anderen hineinzuversezten, um auf der gleichen Linie mit den Plänen zur Show zu sein"
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Panish asked if at times Ortega would want to meet with MJ alone. Ortega said yes.
Panish fragt ob es Zeiten gab wo Ortega sích mit MJ alleine treffen wollte. Ortega bejaht.
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Rebbie entered the courtroom. She's wearing a bright pink jacket, sitting next to Mrs. Jackson.
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Panish: Because you cared about MJ's condition?
P: Weil Sie sich um MJs Zustand sorgen?
Ortega: Yes
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Panish: Less wanting to do it?
P. Weniger machen wollen
Ortega: Yes
P: Less wanting to do it because of MJ's condition?
P: Hätten Sie es weniger machen wollen?
O: Yes
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Panish asked how Ortega would've been impacted had he known MJ's condition on the day of the press conference.
Panish fragt wie es ihn beeinflusst hätte wenn er über MJs Zustand vor der PK informiert gewesen wäre.
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Ortega said he's not familiar with the details of his contract. Ortega chose his attorney for this case, but AEG is paying for it.
Ortega sagt er kann nichts zu Details seines Vertrages sagen. Ortega wählte den Anwalt für diesen Fall, aber AEG zahlt dafür.
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Ortega said he didn't want to change any of his testimony from yesterday. His lawyer drove him home yesterday.
Ortegs sagte er möchte nichts von seiner gestrigen Aussage ändern. Sein Anwalt fuhr in nach Hause.
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Katherine Jackson is present in court wearing a black and white polka dot jacket. Director Kenny Ortega back on the stand.
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Hello from the courthouse in downtown LA. There was only afternoon session today in trial between Jackson Family vs AEG.

[geli2709]

The Jacksons vs. AEG Live — Zeugen der Jacksons, 32. Teil

9. Juli 2013

Letzte Woche war es, wie die treuen und regelmässigen Leser unter Euch sicherlich gemerkt habt, recht ruhig oder zumindest unspektakulär, so dass sich die vom Prozess berichtenden Journalisten von der LA Times und CNN mal mit gutem Gewissen eine kleine Pause gönnten. Wie es scheint, hat letzte Woche abgesehen von der Personalberaterin Jean Seawright (siehe hier http://www.jackson.ch/the-jacksons-v...ksons-31-teil/ ) nur noch Dr. Sidney Schnoll, ein weiterer Expertenzeuge für die Jacksons ausgesagt.

Dr. Schnoll ist ein Spezialist für Suchtverhalten. Er hat während seiner Aussage ein Bild von Michael Jackson gezeichnet, das einem typischen Schmerzpatienten entspricht. Dr. Schnoll hatte in Vorbereitung seiner Aussage Michael Jacksons Krankengeschichte von 1993, als Michael das erste Mal öffentlich seine Probleme mit Schmerzmitteln eingestand, bis zu dessen Tod studiert gehabt. Nach der Meinung von Dr. Schnoll war Michael Jackson medikamentenabhängig. Es gab jedoch keine ausreichende Beweise dafür, dass Michael Jackson abhängig war, dh. eine Person war, die Medikamente einnahm, um “high” zu sein. Dr. Schnoll sagte auch aus, dass die Unterlagen über Michael Jacksons Krankheitsgeschichte aufzeigten, dass seine diversen Behandlungen berechtigt bzw. angemessen waren und dass Michael Medikamente niemals missbraucht habe.

Dies habe sich jedoch geändert, als er sich für die “This Is It” Tour vorbereiten zu begann — zur gleichen Zeit also als Conrad Murray als Michaels persönlicher Arzt in Aktion trat. Michael Jacksons Symptome bei den Proben Mitte Juni (Kälteschübe, triefende Nase) waren gemäss Dr. Schnoll kennzeichnend für den Entzug vom Schmerzmittel Demerol. Conrad Murray, so Dr. Scholl, habe jedoch versagt, dies richtig zu diagnostizieren. Unter dem Kreuzverhör sagte der Zeuge dann aus, dass die Daten nicht mit Michaels Demerolbehandlung übereingestimmt haben. Es wäre schwierig zu sagen, ob Michael Jackson zu jener Zeit von Demerol abhängig gewesen sei.

Während Dr. Scholl dem Jackson Anwalt gegenüber sagte, dass Michael noch ein langes, gesundes Leben vor sich gehabt hätte, berichtigte er unter dem Kreuzverhör der AEG Anwälte seine Aussage dahingehend, dass diese Prognose davon abhängt, ob Michael Jackson für seine Medikamentenabhängigkeit hätte geholfen werden können.

Als die Geschworenen den Gerichtssaal verlassen hatten, warnte die vorsitzende Richterin die beiden Anwälte ferner, dass diese ihre Verwarnung ernst nehmen sollen oder es sonst zu einem ergebnislosen Prozess (dh. zu einem vorzeitigen Abbruch ohne Urteil der Geschworenen) kommen könnte. Grund für diese Ermahnung war eine Zeugenaussage der Personalberaterin am letzten Dienstag. Jean Seawright hatte nämlich ausgesagt, dass ihrer Meinung nach, AEG Conrad Murray angestellt hatte. Richterin Palazuelos stellte jedoch klar, dass es an den Geschworenen liege zu beurteilen, ob Conrad Murray von AEG Live angestellt wurde oder nicht. Entsprechend hätte die Expertenzeugin nicht nach ihrer Meinung gefragt werden dürfen.

Quellen: jackson.ch, abclocal.go.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-32-teil/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 43 – July 3 2013 – Summary

Katherine Jackson is in court.

Dr. Sidney Schnoll Testimony


Jackson direct

Koskoff asked if you take someone off Demorol suddenly what happens. Dr. Schnoll: “like falling off a cliff, you don’t want that to happen.” Methodone is an opioid drug used for pain and treatment of opioid addiction. Dr. Schnoll explained how the drug works. Dr. Schnoll said the most important factor in determining if the person should go off the drug is to find out what the underlying problem is. Koskoff: What if a person has chronic osteoarthritis? Dr. Schnoll: May have remain on medication all his life. If a person has underlying condition and take opioid they could function better, Dr Schnoll explained. There's no harm in doing it medically. Koskoff: Any famous people who have been opioid dependent? Dr. Schnoll: President John F. Kennedy (Judge asks why?) Back pain. (ABC7)

Dr. Schnoll said addiction can also be treated by competent and fit physicians. (ABC7)

Koskoff: If a person is being treated, as part of good medical practice, can someone become drug dependent? Dr. Schnoll: if they're on long term opioid treatment, they'll become dependent. Opioids are the most commonly prescribed drugs in the US. Some patients become addicted, Dr. Schnoll said. But it's not s large percentage. Dr. Schnoll: The figures indicate 10 to 12% become addicted, the same percentage of people who become addicted to alcohol. Dr. Schnoll explained pain threshold is the level at which someone feels discomfort. They are quite variable, he said. “Opioids are most popular because they work," Dr. Schnoll said. "Pain is the most common complaint that comes to a doctor's office.” (ABC7)

Koskoff: Any evidence from any witness that MJ used Demerol outside the medical setting? Dr. Schnoll: No
Koskoff: Was there a period of time when MJ used Demerol for scalp treatments? Dr. Schnoll: Yes (ABC7)

Dr. Schnoll said he reviewed medical records that Dr. Farshian implanted a patch into MJ's abdomen. The patch was done for treatment of Demerol dependency in early 2000s. The drug would block the effect of the opioid, Dr. Schnoll said. (ABC7)

Koskoff said based on the medical records in the last 16 years of MJ’s life, he was Demerol free for 13 1/2 years. Koskoff asked if that was consistent with a drug addict. Dr. Schnoll answered no. (ABC7)

Koskoff asked if Dr. Schnoll read testimony from Dr. Earley saying MJ was a drug addict and that he was going to die early. Koskoff: Do you agree with that opinion? Dr. Schnoll: No (ABC7)

Dr. Schnoll said he saw no evidence that MJ ever used recreational drug or self-injected in the absence of a doctor. The expert said he saw evidence MJ was afraid of needles; didn't take medications in excess of what was prescribed by doctors. (ABC7)

Dr. Schnoll talked about the surgery MJ to repair damage to his scalp.(ABC7)

Koskoff: On Dangerous tour, was MJ getting opioid drugs according to Dr. Finkelstein? Dr. Schnoll: Yes
Dr. Schnoll: I don’t know if MJ was an addict. I haven’t seen the information that would allow me to make a diagnosis of addiction
Koskoff: Was there a time MJ did take benzodiazepines? Dr. Schnoll: Yes
Dr. Schnoll said MJ was prescribed Midazolam and Versed which is commonly for short term surgical procedures, dental procedures.
Koskoff: Did he use it for sleep? Dr. Schnoll: Yes K: Is that appropriate? Dr: Yes K: Did MJ have a sleep problem? Dr: Yes (ABC7)

Dr. Schnoll treated patients addicted to Propofol. They were health technicians and none had it administered by another person. "Typically, they steal it from operating room or critical care unit or inject it in a home, or a bathroom," Dr. Schnoll explained. Dr. Schnoll said after the Propofol infusion stops, the effect wears off quickly. Propofol is the most popular anesthetic in the world, Dr. Schnoll said. Propofol is the generic term. (ABC7)

Koskoff showed a timeline and asked if there was any record MJ received Propofol during the Dangerous tour in 1994. Dr. Schnoll testified Debbie Rowe said yes, but she wasn't sure if it was Propofol or Fentanyl. He didn't think Rowe was a licensed nurse. Koskoff: What kind of specialist was on that tour for Michael? Dr. Schnoll: He was anesthesiologist. Between 1994 and 1996, Dr. Schnoll saw no evidence of any use of Propofol by MJ under any circumstance. The drug was used for dental procedures and cosmetic treatment, Dr. Schnoll said, adding it was appropriate for that. Dr. Murray used Propofol for sleep, which Dr. Schnoll said was inappropriate. "Plus, he was not an anesthetic or an anesthesiologist." Koskoff asked if there was any evidence MJ was addicted or dependent of Propofol up until Dr. Murray. Dr. Schnoll said no. Dr. Schnoll said Propofol is not appropriate to treat insomnia, even if MJ suggested it. (ABC7)

Dr. Schnoll talked about Dr. Klein giving MJ 100mg doses of Demerol in 2008. He said from mid-year to December it was the same amount. Dose went up in January 2009. Dr Schnoll said if a person was previously dependent on Demerol, stops and then resumes, tolerance is built up. Koskoff: Is there a record MJ was getting Demerol from any other doctor? Dr. Schnoll: No. The very last Demerol injection MJ received from Dr. Klein was on June 22, 100 mg dose, according to the records, Dr. Schnoll testified. Dr. School said there was no trace of the drug in MJ's body at the time of his death. He also said this drug would not have had effect on MJ on June 25. (ABC7)

Koskoff: What does Demerol do to sleep? Dr. Schnoll: When you are taking it, it could make you sleepy. "If you are dependent, you could have some insomnia if you go off of it," Dr. Schnoll testified. (ABC7)

Sometimes prescription is given under other people's names, Dr. Schnoll said, since celebrities often don't want people prying their records. Dr. Schnoll said once Frank Sinatra went to the hospital he worked after collapsing on the stage. The hospital computer overloaded with people trying to get information on what happened with Sinatra, Dr. Schnoll said. (ABC7)

Koskoff: Was Dr. Murray competent to handle MJ's pain? Dr. Schnoll: He was not competent. Koskoff: Was Dr. Murray competent to handle MJ's drug dependency issues? Dr. Schnoll: He was not competent
Koskoff: Was Dr. Murray competent to handle MJ's sleep problems? Dr. Schnoll: He was not competent
Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael's pain problems? Dr. Schnoll: No, he was not
Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael's sleep problems? Dr. Schnoll: No, he was not (ABC7)

Dr. Schnoll: Dr. Murray was an interventionist cardiologist and that is a highly specialized field. He had no background in treating pain. "They pass catheters and look at hearts, which is totally unrelated to pain," Dr. Schnoll said about cardiologists. (ABC7)

Koskoff asked if MJ were under the care of a competent doctor, would he have been able to get off the drugs, Demerol and benzodiazepines. Dr. Schnoll: If his underlying medical condition, pain, insomnia, had been appropriately treated, he may have been able to get off the drugs. "He would've been able to continue to perform if he was appropriately treated for the underlying medical conditions," Dr. Schnoll said. Dr. Schnoll testified MJ had two major problems: pain and insomnia. Dr. Schnoll: Should MJ have someone knowledgeable for treatment of pain, he could've been treated appropriately. Dr. Schnoll said if MJ were treated appropriately for pain and sleeping problems, it would not have an effect in shortening his life. (ABC7)

Koskoff: Assuming MJ was dependent, do you think proper treatment would be able to eliminate his dependency? Dr. Schnoll: Yes. Koskoff: Let's assume MJ really was addicted to Demerol in 2009, do you have an opinion as to his prognosis for successful treatment? Dr. Schnoll: He could've been treated, he could've been treated if he had the proper people. Having a supportive family and environment is critical in overcoming addiction, Dr. Schnoll explained. "The autopsy said he was in really, very good condition," Dr. Schnoll told the jury about MJ. Dr. Schnoll: Some of the best outcomes in treatment are with people who have a lot to lose if they continue their addiction.(ABC7)

Koskoff: Based on Mr. Jackson's family, do you know if any members of his family were addicted? Dr. Schnoll: I have no indication of that (ABC7)

Dr. Schnoll agreed MJ had the means to get proper drug dependency treatment.
Koskoff: Assuming he was not addicted, but had periods of drug dependency, would that have an impact on his life expectancy?
Dr. Schnoll: If appropriately treated, it would have no affect (ABC7)

Drug addicts can die early due to overdose; infections are very common, like HIV, Dr. Schnoll said. If MJ got proper treatment, he would have like normal life expectancy, Dr. Schnoll said. Keith Richards and The Rolling Stones have been performing for 50 years. Richards writes in his autobiography about his drug addiction. Dr. Schnoll said he's reading Richards' book, but hasn't finished yet. Defendant's objected to the doctor talking about it based on hearsay. (ABC7)

Schnoll said based on his review of medical records, he saw no evidence that Jackson was addicted to prescription meds. Schnoll reviewed medical records dating back until at least 1997. They included dental records, and files of Arnold Klein. The records showed that Jackson received propofol for dental procedures dating back to 1997, Schnoll said. Schnoll said it wasn’t clear if Jackson received propofol during the 1993 “Dangerous” tour because Debbie Rowe wasn’t clear. He said Rowe used two different names for medications she saw Jackson receive in 1993, so it wasn’t clear if propofol was used. Schnoll’s point about the documented use of propofol by Jackson was that it was in medical settings with proper supervision. Until Murray. The doctor also addressed Demerol use, saying there was no sign Jackson received the drug between 2003 and 2008. Schnoll said even if Jackson were addicted to medications, with proper treatment he could have lived a long, healthy life. (AP)

Koskoff finished direct examination.


AEG cross

AEG attorney Kathryn Cahan did cross examination of Dr. Schnoll.

Dr. Schnoll created the term "Rock Doc", referring to doctors who work on rock n roll concerts. Cahan: Do you think it's ethical for doctors to go on tour? Dr. Schnoll: It depends on what they do when they go on tour with them
I know some people who worked at concerts, Dr. Schnoll said. He has been one.
Dr. Schnoll said at times he was asked to treat performers, was hired to provide medical treatment at the facility to fans or artists.
Dr. Schnoll said his primary duty was to treat concert goers. He was paid by the promoters.
Cahan: Did you think that created a conflict of interest? Dr. Schnoll: As long as I acted ethically, I did not
Dr. Schnoll said he acted ethically at that job. He worked at rock concerts in the '70s. (ABC7)

Cahan asked if Dr Schnoll brought medical students to help him out. He said yes. She asked if he did background or credit checks on them. "I knew most of them and I knew them well," Dr. Schnoll said. (ABC7)

Cahan: You were never hired as a doctor to accompany a band on tour? Dr. Schnoll: That's correct (ABC7)

Dr. Schnoll works for Pinney Associates, he's a salaried employee and receives bonus at the end of the year, should there be one. Cahan said Pinney Associates is charging $790/hour for Dr. Schnoll's time. Dr. Schnoll said he has no idea how many hours he has worked in this case. He was retained back in January. There were weeks he put in 7-8 hours, some didn't do anything. He said it would be hard to estimate, spoke with plaintiff attorney 10-15 times (ABC7)

Dr. Schnoll said doctor shopping is going from doctor to doctor to receive medication. Pseudoaddiction is when a patient is undertreated for pain, Dr. Schnoll said. A professional doctor knows the difference between addiction and pseudoaddiction. (nurse juror nodding in agreement). (ABC7)

Dr. Schnoll: If they have a severe pain problem that can only be treated by opioids, it is appropriate to give it. Just the fact that Dr. Klein injected MJ with Demerol doesn't raise concern of a relapse of Demerol dependency, Dr. Schnoll. Cahan asked if it's common practice to use Demerol for Botox injections and facial fillers treatment. Dr. Schnoll responded he didn't know, since he doesn't do these procedures. Dr Schnoll said Demerol is not commonly used anymore because it has other effects than just opioids, considered a dirty drug the doctor said. Dr. Schnoll said use of Demerol for pain went into question in the '90s. Cahan: How common is for pain specialists to have Demerol handy? Dr. Schnoll: Probably not at all at this point, pain specialist would not keep Demerol handy. Dr. Schnoll said he last prescribed Demerol in the late 1970s. He stopped treating patients in 2001. (ABC7)

"There was no evidence of addiction at that time," Dr. Schnoll said about MJ in 2009. Dr. Schnoll did not offer opinion whether the amount or type of drug MJ was taking for cosmetic and dental work was appropriate. (ABC7)

Cahan: When you are evaluating a patient you rely on the patient being honest with you, correct? Dr. Schnoll: Yes
Cahan: Did some patients did not want to get treatment?
Dr. Schnoll: Well, of they came to me to treat addiction, they usually would come because they wanted to treat their addiction
Cahan: There has got to be some amount of trust between doctor and patient? Dr. Schnoll: Right (ABC7)

Dr. Schnoll said people get confused as to whether the patient is addicted or dependent of drugs. The expert said people would recognize there was something wrong with MJ, but may not be able to recognize it as withdrawal from opioids. Some of opioids withdrawal include chills, running nose, tearing of the eyes, dilated pupil, goose bumps. Dr. Schnoll said most doctors would be able to put all the symptoms together and conclude it is opioid withdrawal. The doctor agreed that some lay people could identify the symptoms as flu.(ABC7)

Dr. Schnoll said he has treated tens of thousands of patients and only 5-6 were addicted to Propofol. These people were in the medical field. Dr. Schnoll said some of the patients might have been addicted to Propofol, but others were just abusing it. (ABC7)

Outside the presence of the jury, judge discussed with the attorneys about Jean Seawright's testifying yesterday that AEG hired Dr. Murray. Judge said that violated the motion in limine regarding this issue. Experts are NOT to give their opinion on whether AEG hired Dr. Murray. Judge: This is your crucial, central issue in the case Mr. Panish. I'm surprised you had no discussion with her about it.Panish: I know you're upset, I can tell that Judge: I'm not upset, I think it's entirely appropriate Panish: I told her not to do it. Judge: there's a ruling prohibiting any testimony, by any expert, on the issue! An upset judge said: This is my concern, we are 9 weeks in this trial and it's getting into mistrial territory. I don't want to go there! Judge: I don't want this kind of problem that can lead to mistrial. I'm asking you to speak with all your experts. Judge: Every expert is only to make assumptions about hiring. I specifically did that (ruling) for a reason. Advise them about my order! Judge: I don't want a mistrial, it's a waste of resources Panish: I don't want a mistrial either. Judge: There are bright lines Mr. Panish and you don't even go near it because you may cross it accidentally. Panish: She said it, I wish she hadn't, I don't want a mistrial. Putnam said he agreed with the judge and agrees the instruction should be given as written. Judge: I don't know why you are pointing your fingers that way, Mr. Panish (to AEG's side). I really don't. Judge admonished Panish to tell all experts to abide by her motions in limine. (ABC7)

After the afternoon break, Judge Yvette Palazuelos returned to the testimony of HR expert Jean Seawright. She was upset about yesterday. The judge noted that expert witnesses had been instructed not to state opinions on whether AEG Live hired Conrad Murray. Seawright told the jury she thought AEG did hire Murray, based on a question from plaintiff’s attorney Brian Panish. Panish had asked whether Seawright she had an opinion on whether AEG Live hired Murray. He said today he thought it was a yes-no question. The judge said the answer veered into mistrial territory, and that Panish should have warned Seawright to not state her opinion. Panish protested, saying “All I was trying to show was that she was trying to show was that she has an opinion.” Palazuelos: “This is my concern. Nine weeks into this trial and this is getting in a mistrial situation.” (We’re in 10th wk of testimony.) Panish also said that he was trying to counter questions from AEG’s attorneys that suggested Seawright didn’t have an opinion. Palazuelos: “I don’t know why you’re pointing the finger that way.” She told Panish to make sure he warns his experts from now on. (AP)

Judge read them the following instruction: Yesterday, plaintiiff's expert Jean Seawright said she believed they, AEG, hired Dr Murray. That violated a court order, the statement is stricken, shouldn't be considered (ABC7) The jury was brought in, and Palazuelos read an instruction stating that Seawright violated a court order. The judge said the jury should disregard her testimony about whether AEG Live hired Conrad Murray. (AP)

Cahan asked if MJ was seeing other doctors at the same time he saw Dr. Murray, like Dr. Klein. Dr. Schnoll said yes. Cahan: Are you aware of Dr. Klein being investigated... Panish stopped and objected as improper. He asked for a sidebar.(ABC7)

Cahan: Did Dr. Klein write prescriptions to Mr. Jackson under other names? Dr. Schnoll: Yes. Cahan: Could MJ have opiates in pill forms in 2009 from doctors while having Demerol injections from Dr. Klein? Dr. Schnoll: I don't like to work under possibilities, since everything under the sun is possible. I like working with probabilities. Dr. Schnoll said you try to look at the whole picture of what was going on and not look at the possibilities, but probabilities. Cahan: Is it legal to write prescription to someone under another name? Dr. Schnoll: Yes, it's illegal C: Have you ever done it? Dr: No (ABC7)

Cahan asked if Dr. Schnoll testified in his deposition that MJ was dependent on Demerol? He answered yes, the time around the Dangerous tour. However, Dr. Schnoll says today he's not sure MJ was dependent on Demerol in 2009. He said he continued to investigate the case, looked at more records, and is now uncertain. He's also not absolutely sure, but says MJ was probably dependent on Demerol in 1993. Dr. Schnoll said he could not opine whether the treatment after the burn on MJ's scalp was appropriate.Dr. Schnoll said he doesn't think MJ was dependent on Demerol in January of 2009. (ABC7)

In April 2009, MJ received 375 mg of Demerol, the highest amount given by Dr. Klein. Cahan asked what would happen if doctor gave her 375 mg of Demerol. "For you? You'd probably sleep for a while, about several hours" he said. Dr. Schnoll said he would probably give her initial dose of 50 mg. (ABC7)

The expert said that if the withdrawal symptoms were present, someone might have asked why MJ had the flu. (ABC7)

Dr. Schnoll said he asked for a chart to be made to be able to see how much Demerol MJ was getting and how frequent. "Was he really dependent?" Dr. Schnoll asked himself. He said the appearance of withdrawal from Demerol usually shows within 24-36 hours. "It didn't coincide with when I expected that withdrawal to occur," Dr. Schnoll said about MJ. Dr. Schnoll: It was very hard for me to say he was dependent that time. He doesn't think the symptoms MJ was having on June 19, 2009 were related to Demerol withdrawal. (ABC7)

Cahan asked about patients who think they have their addiction under control and don't want to quit the drug. "That's why your job is to motivate them and help them see the problems with the dependency," Dr. Schnoll responded. Dr. Schnoll said he didn't have 100% success rate in his practice and that no one does. Dr. Schnoll: MJ could've been off the drugs or taking the drugs in appropriate dosages if properly treated (ABC7)

Cahan asked about MJ's family failed interventions. He said he doesn't know if they were appropriately done; practice not used as much.(ABC7)

Cahan asked if Dr. Schnoll reviewed testimony that MJ had boxes of Propofol at Neverland and asked a doctor to inject him. He said yes. Dr. Schnoll said he saw a concern one time of MJ going to Santa Ynez Cottage Hospital for excessive use of Demerol.(ABC7)

Dr. Schnoll said he looked at the totality of the picture, like a puzzle, trying to put everything together to understand what was going on. "They were not symptoms of Demerol withdrawal, but probably of Propofol," Dr. Schnoll testified about MJ's symptoms in June 2009. (ABC7)

On cross-examination, she tried to make the point that it’s hard for a lay person to tell difference between addiction and dependency. AEG defense attorney Kathryn Cahan also asked Schnoll about Demerol. He called it a “dirty opioid.” The doctor said he probably hadn’t prescribed Demerol since the 1970s. (He hasn’t been practicing with patients for several years.) (AP)


Jackson redirect


Koskoff asked in re-direct if Propofol was given for the drug or underlying condition. Dr. Schnoll said MJ asked Propofol to help him sleep. (ABC7)


AEG recross


Cahan in re-cross: What did nurse Cherilyn Lee said to MJ when he was looking for a doctor to give him Propofol? Dr. Schnoll said Lee responded that MJ was taking chances. (ABC7)

Jackson redirect


Koskoff noted that MJ replied it would be safe if done under the supervision of a doctor. Koskoff: And Dr. Murray gave it to him? Dr. Schnoll: Yes (ABC7)

Dr. Schnoll was then excused and session adjourned.

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

Jury ordered to return on Monday at 10 am PT. Plaintiffs will play Dr Finkelstein's deposition. Kenny Ortega set to testify in the afternoon

__________________________________________

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 14 fortsetzung - 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 - 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

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

[rip.michael]

Jacksons vs AEG - Day 42 – July 2 2013 – Summary

Katherine Jackson is in court.

Testimony was delayed by a lengthy argument over an EEOC printout that was shown in court yesterday. Plaintiff’s attorney Brian Panish argued the document was a non-binding policy and shouldn’t be raised during trial. Judge Yvette Palazuelos said questions about the document could be asked, but it wouldn’t be allowed into evidence. Panish was also concerned because Palazuelos told the jury the guidance against employment-related credit checks was a law, which isn’t. She’s having the attorneys craft a statement to read to the jury when they come in and HR expert Jean Seawright resumes testifying. (AP)

Outside presence of the jury, attorneys/judge discussed the Equal Employment Opportunity Commission (EEOC) document shown to jurors yesterday. Panish: They don’t consider credit checks to be a prohibited practice at all. This is a lawyer making misleading statements, hearsay. Panish: She says “it is a law," it is an official policy. It is not an official policy. It is a guideline at the most. Panish said EEOC guidelines are not controlling law. "This is not a law. If the court is confused, the jury is going to be confused." It is a guideline that has been revoked in a court case, Panish told the judge. Bina said it was DMV photos that were assessed in that case, not EEOC policy that failed in that case. Panish raised his voice, said AEG never claimed this (credit check may be discrimination,) it has never been raised before. "You yourself were misled, your honor, over my objections," Panish said. Bina said she plans to say credit checks are controversial, must be job related. Companies might use care in using credit checks. Panish: Trell never mentioned an EEOC concern. This is not a law or regulation. The document wasn’t raised in deposition with Seawright. Judge told the attorneys to put their heads together and she will read an explanation to the jury. (ABC7)


Jean Seawright Testimony


AEG cross

Before Seawright resumed testifying, the judge read a statement telling jury that the EEO document wasn’t a law. Judge Palazuelos’ statement included language that she would instruct jurors’ on evidence once testimony concludes in the case. (AP) Judge told jurors that yesterday there were references made to an EEOC document. It was not a regulation, but rather a guide. Judge said the document had not been admitted into evidence. Jurors nodded, indicating they understood the explanation. (ABC7)

Bina asked if Seawright was familiar with that EEOC guideline. She said yes, it provides guidance. Seawright explained that Title 7 says that an employer cannot discriminate. Bina: Are there studies that show relationship between debt and manslaughter? Seawright: Not that I am aware of. Bina: Are there studies that show relationship between debt and malpractice? Seawright: Not that I am aware of. (ABC7)

Bina asked if Seawright knows Dr. Murray's history of treating patients, and he had no record of harming patients. Seawright explained she examined his financial history only, and once he failed that she didn't see need to go any further. Seawright said that, based on Dr. Murray's credit history, he was 180 days behind in his mortgage. (ABC7)

Bina asked why background checks are necessary. Seawright said it was because you are putting customers at risk. Dr. Murray wasn't being placed in charge of AEG business, Bina argued, saying he was in charge of the artist. Seawright explained his responsibility was Mr. Jackson's health during the tour. Bina: Does that fact that MJ had a long term relationship with Dr. Murray weigh in your analysis at all? Seawright: No, there's no bearing. Bina: If a contractor had been with hundreds of tours would that person have to be background checked? Seawright: It depends on the position. Seawright said you might have some historical knowledge of how the person performed but need to see if there were problems. If time has passed since you last hired someone, Seawright said you need to go back and check again, it's a rehiring; whole new period. (ABC7)

Bina: Lets say MJ had engaged Dr. Murray for 3 years and was going to continue. At that point, would MJ have to do background check?
Seawright: I can't give an answer without evaluating the circumstances (ABC7)

Bina asked if it's ever appropriate to have different processes for different positions. Seawright said it depends on different risk factors. Bina: Is it ever appropriate to have some policies for employees and others for independent contractors? Seawright: The label doesn't make a difference. (ABC7)

Most of AEG defense attorney Jessica Stebbins Bina's questioning centered on doing credit checks on employees. Stebbins Bina walked Seawright through a survey of 158 HR professionals who answered questions about performing credit checks. According to the 2010 survey, 30% of respondents did credit checks on employees in fiduciary duty roles. Much less in other categories. For employees' with "safety sensitive" roles (which Seawright believes Conrad Murray qualified as), credit screens were done in 5% of cases. For healthcare professionals, the figure was 3%, according to figures read into the record by Stebbins Bina. AEG Live defense attorney Jessica Stebbins Bina focused on statistics from a survey of HR professionals. (AP)


Bina inquired Seawright extensively about several surveys that she relied upon while writing opinions in other cases. Bina inquired Seawright about expert opinions she issued in other cases. "When hiring someone, we have to look at the potential harm to him/herself, to others, to customers," Seawright explained. "For every job, you have to evaluate all of the risks associated with it," Seawright said. There are risks in every employment. Seawright considered Dr. Murray's position to be high-risk and safety-sensitive. She explained Dr. Murray would be working at MJ's home, in and around his family, with access to confidential information. Seawright said the risk was elevated since Paul Gongaware was aware of MJ's past use of drugs and alcohol during tours. The expert said she read about Gongaware's knowledge of MJ's drug use in his deposition and Dr. Finkelstein also mentioned it. (ABC7)

Employers have the right to conduct background check, Seawright said. But she noted their practices cannot be discriminatory. Bina: Would the company be exposing itself to risk if you do background check? Seawright: Not necessarily (ABC7)

"Indemnification provision in a contract is not checking out a worker," Seawright testified. Bina argued that if the company is taking responsibility for Dr. Murray's conduct, with indemnification, it offers protection. Seawright said it protects the company, it protects AEG. (ABC7)

Bina: Do you see anything in the policy for hiring Independent contractors that AEG didn't follow with Dr. Murray? Seawright and Bina went through the check list for independent contractors hired by AEG. AEG's practice for Independent Contractors: *Known to the artist - Seawright said yes *Required licenses or permits - Seawright said yes. *Fully insured - Seawright said yes *Indemnification Provision- Seawright said yes *Obligation laid out in the contract - Seawright said yes. "It was called final," Seawright said about Dr. Murray's agreement. (ABC7)

Stebbins Bina also asked about reports Seawright prepared in other cases. There were objections, but some of the questions were allowed. Seawright stuck to her testimony that Murray should have been considered in a high-risk positive and dealing with safety-sensitive matters. One key factor in that was the fact Murray was working in Michael Jackson’s home, Seawright said. (AP)


Jackson redirect


Panish asked in re-direct about EEOC policy again. He said Bina brought it up improperly in front of the jury. Judge sustained objection. (ABC7) Panish asked a few questions before asking Seawright about the EEOC guidelines that have been argued over. AEG attorneys objected. Judge Palazuelos: “Why are we revisiting this.” Panish said he was trying to clarify issue for the jury, but judge sustained the objection. (AP)

Panish asked Seawright what her understanding is why employers check credit of potential employees. Seawright: They check the credit because they are very concerned that financial stress can compromise people's ethical judgment and behavior. Multiple branches of our government do credit checks on employees to make sure they are not at risk for unethical decisions, Seawright said. "The debt is not an issue at all, it's the delinquent debt they are concerned about," Seawright said. (ABC7) Seawright then said that many government agencies screen people’s credit because they see delinquent debts as a possible risk. She said the agencies view delinquent debts as one way people may compromise their ethical judgment. (AP)

Panish asked if Seawright saw anywhere in this case AEG saying they didn't conduct credit check on Murray because it could be discrimination. "I've never heard that at all in all the documents I read," Seawright responded. (ABC7)

Panish asked if Seawright could rely in a survey conducted with small percentage of businesses to determine if credit check should be done. Seawright responded she would not rely on that survey to determine the necessity of credit checks in the healthcare field. "I believe AEG Live hired Dr. Murray," Seawright said. Defendant's attorney objected to the response and judge sustained it. Judge: That's because it is your duty, your responsibility to say whether Dr Murray was hired. It's not up to the experts to determine that. (ABC7)

Seawright said that Dr. Murray asking for $5 million initially raised questions in her mind why he would be requesting that much. (ABC7) Before the break, Panish asked Seawright whether she reviewed testimony in the case about Conrad Murray’s pay. She said she knew he first asked for $5 million then dropped his rate down to $150,000 a month. She said that raised questions for her. Seawright: “It was a red flag for me at the beginning of the process,” she said of Murray’s expected $150,000 a month salary. (AP)

Panish then asked Seawright whether she believed AEG Live hired Murray, a question for the jury to decide. Panish said he asked the question because Stebbins Bina asked a similar question on cross-examination. At one point, Judge Palazuelos rubbed her hands over her face and stopped the proceedings. She turned and addressed the jury. She explained that one of her pretrial orders was that experts could assume Murray was either hired or not hired by AEG Live. She said the experts aren’t supposed to say whether they believe Murray was hired or not - that was for the jury to decide. (AP)

Panish asked whether if AEG Live was Seawright's client, would she have recommended hiring Conrad Murray. Seawright responded that she absolutely wouldn't have recommended that AEG hire Murray because of "risks associated with the position." If they insisted, Seawright said she would have recommended a "comprehensive vetting process" (AP) Panish asked if AEG Live were Seawright's client in 2009 and said they wanted to hire Dr. Murray what she would've said. Seawright: I would've said absolutely no, because of the risks associated with the position and the potential for conflict of interest. "If they insisted, I would've recommended a comprehensive vetting process, with credit and background check," Seawright said. (ABC7)


AEG recross


AEG Live attorney Jessica Stebbins Bina then took over, and made the point that Seawright hadn't done any research into med, concert fields (AP)

Bina in re-cross asked if Seawright was aware legislators expressed concern in 09 of unduly use of credit checks. She said she was not aware. (ABC7)


Jackson redirect

RE-RE-DIRECT Panish: Was EEOC checking credit of people? Seawright: My understanding they were. "Financial distress can impact their ability to make ethical decision, that's the reason that EEOC does it," Seawright said. Panish asked if Seawright would recommend background check for a high-risk, safety-sensitive job? Seawright: I do. Seawright said AEG did not do any check on Dr Murray. Panish: In your opinion, AEG acted inappropriately for not doing that? Seawright: Yes (ABC7)


Dr. Sidney Schnoll Testimony - Addiction expert for Jacksons

Jackson direct

Michael Koskoff, attorney for Jackson's, doing direct examination.

Dr. Schnoll resides in Connecticut, born in New Jersey. He graduated in medical school on 1967. He described his extensive background. "Addiction Medicine is the study of the problems of addiction," Dr. Schnoll said. "It is a very broad area." (ABC7)

He testified about his experience, background today. He's an addiction medicine and pain management specialist. Been practicing since the early 1970s, but has been consulting since 2001 or so. Schnoll has helped develop risk management programs for pharmaceutical companies. It's a way to understand problems of abuse of a drug. Schnoll doesn't do trial consulting. He said this is the first case in about 15 years that he's testified in. Schnoll has consulted for the NFL Players Association, the Chicago Cubs and Bulls and written roughly 40 textbook chapters over his career. He's also provided medical care at concerts for acts such as the Rolling Stones and Fleetwood Mac. Apparently for concertgoers, not talent. Schnoll consulted for the Chicago Cubs starting in 1982. He recounted the first time he walked into the training room as immediately worried. Schnoll said on one of the counters in the Cubs' locker room was a bottle of amphetamines "which the players called greenies." The amphetamine pills were green, hence the players' nickname, Scholl said. He also noted there was a beer tap in the clubhouse. He said he told the Cubs both items were inappropriate, and they agreed. He instituted a drug monitoring and testing program. Schnoll said the Cubs' drug monitoring program he developed became a model of Major League Baseball at the time. (AP)

Dr. Schnoll reviewed medical records, depositions and transcripts in this case. He was also deposed. (ABC7)

Dr. Schnoll: Drug dependence is the pharmacological affect of the drug. "You take it continuously and suddenly stop it, you go into withdrawal" Dr. Schnoll said. "If you continue to take it you develop tolerance". Tolerance is when there's a need to take more of the drug for it to take effect, Dr. Schnoll explained.Dr. Schnoll: When you take certain drugs and suddenly stop you go into withdrawal syndrome, which is usually the opposite effect of the drug. Koskoff: Can people who are taking proper treatment become drug dependent? Dr. Schnoll: Yes. If the patient is properly prescribed and monitored, Dr. Schnoll said they can have normal life. Koskoff: Can withdrawal from drugs sometimes be difficult, even for non-drug dependents? Dr. Schnoll: Yes. Dr. Schnoll: Addiction is a chronic disease that's characterized by craving, compulsive use of a drug, continued despite evidence of harm. Primary factor is usually genetics, Dr. Schnoll said about addicts. Dr. Schnoll: One person exhibits addicted behavior in relation to the drug, the other is seeking the drug to treat underlying condition. Dr. Schnoll said there's a difference between being addicted and dependent on drugs. Dependents look for drugs, addicts want to get high. To determine if a patient is dependent or addicted, Dr. Schnoll said it is necessary to look at that person's behavior while using the drug. Usually doctor look at 0-10 pain scale, you then adjust the amount of the drug to give them what's enough to treat their pain. (ABC7)

The doctor explained the difference between addiction and dependence. Being dependent on a drug meant someone would experience withdrawal if they stopped taking it. He said dependence is common and can happen under the care of a physician.(AP)

Schnoll: "Addiction is a chronic disease that’s characterized by craving, compulsive use of a drug, continued use despite evidence of harm." He said the primary factor in whether someone becomes a drug addict is usually genetics. Schnoll then related the need to evaluate a person's drug use to determine appropriate treatment. He offered an anecdote of a patient. Schnoll said he treated a woman who had severe headaches and kept asking her doctors for more and more pain medications. He told the woman to keep a pain diary of her daily routines, when she got headaches and what she was doing. The problem became apparent, Schnoll said, when he reviewed the woman’s pain diary. The woman “always had her headaches at about 4 o’clock every day, except weekends,” Schnoll said. She wasn’t eating lunch at work. She didn’t believe him at first when he said she needed to eat lunch. He gave her some glucose tests, which bore out his theory. “Her solution to her headaches was to eat 3 meals a day,” Schnoll said. “She needed no more narcotics after that.” (AP)

Zusammenfassung von Ivy, MJJC #44

__________________________________________

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 14 fortsetzung - 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 - 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


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