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

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 25. Teil

20. Juni 2013

Am Montag rief Jackson Anwalt Brian Panish David Berman, den ehemaligen Präsidenten von Capital Records, als Expertenzeugen in den Zeugenstand. Dieser sagte aus, dass es „höchst unangebracht“ und „höchst ungewöhnlich“ wäre für einen Konzertveranstalter, einen Arzt für einen Künstler anzustellen, weil damit ein fundamentales Problem im Sinne eines eklatanten Interessenskonflikts für den Arzt entstünde. In diesem besonderen Fall wäre es sogar ein noch besonders grober Interessenskonflikt, wenn man die Fakten und Umstände anschaut.

David Berman, den die Jackson Seite als Expertenzeugen angestellt (und bezahlt) hatte, beantwortete die Fragen von Brian Panish gestützt auf die Vermutung , dass AEG Live Conrad Murray angestellt hatte. Die Richterin erinnerte die Geschworenen am Ende daran, dass es an ihnen liege zu entscheiden, welche Partei – Michael Jackson oder AEG Live – Conrad Murray angestellt hatte. Dies ist ja die Schlüsselfrage in diesem Prozess.

Insbesondere eine E-Mail zeigte gemäss Berman, dass AEG Live sich des potentiellen Interessenskonflikts bewusst war. Es handelt sich um eine bereits erwähnte E-Mail von Randy Phillips an Kenny Ortega, worin Phillips schrieb, dass Conrad Murray „extrem erfolgreich“ sei, „wir überprüfen jeden“ und „[Murray] braucht den Job nicht; er ist also vollkommen unparteiisch“. Berman meinte, dass diese Aussage aus vielerlei Hinsicht sehr problematisch sei, insbesondere deshalb, da Phillips erkannte, dass das Potenzial besteht, dass der Arzt eben nicht unparteiisch sein könnte, wenn er den Job braucht. Ein weiteres Warnsignal sei gewesen, dass Murray USD 5 Mio. verlangt hatte. Auch die am Ende vereinbarten USD 150‘000 pro Monat waren gemäss Berman eine „exorbitante Summe“.

Jackson Anwalt Bill Bloss legte den Geschworenen am Montag auch noch mehrere E-Mails vor. Darunter war eine E-Mail, in der Conrad Murray Tim Woolley, den zuständige Buchhalter von AEG, um einen Vorschuss von zwei Monatsgehältern bat. Woolley antwortete Murray, dass der Rechtsdienst den Vertrag zwischen Murray und AEG noch nicht fertig habe. Es handle sich in diesem Fall um einen ziemlich speziellen Vertrag, „da es selten vorkomme, dass ein Arzt angestellt wird, um einen tourenden Künstler zu begleiten“.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-25-teil/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 31 – June 17 2013 – Summary

Jackson family was not in court

David Berman Testimony

David Berman lasted all day in the stand. William Bloss, attorney for the Jacksons, did the questioning. Sabrina Strong for AEG crossed. (ABC7)

Jackson direct

Berman has been an executive in the music industry for 45 years. He has BA in Business Admin from University of Michigan and JD from Harvard. Berman represented artists, negotiated management agreements, worked with Beach Boys Temptations, A&M records, 20th Century Fox, the Doors. Some of Berman's work included contracts. He went to Warner Brothers, worked with Madonna, Fleetwood Mac, Prince. Berman said he did acquisitions with other record companies. He explained the function of music lawyer is the "deal." Berman explained 60 to 70% of his practice involved contracts. He became president of Capitol Records, supervised running the record company. Berman worked with Bonnie Raittt, Beastie Boys, Queen, Paul McCartney; left Capitol Records in Sept 89; returned to law firm for the year. Berman then went to Geffen Records as senior executive in charge of business affairs. Became general counsel and supervised business affairs. Berman worked with Guns and Roses, Eagles, Peter Gabriel. In Feb 1998 went to Walt Disney to be in charge of Buena Vista Music group. (ABC7)

Berman is an attorney and longtime recording executive. He’s been in the business since 1969. He started out as an attorney. In 1976, he left his law firm and went to work as a vice president for Warner Bros. Records. Eventually promoted to Senior Vice President. In 1987, he left Warner Bros. and eventually went to work as the president for Capitol Records. He left Capitol Records in 1990, and went back to his old firm, Mitchell Silberberg & Knupp, for about a year. After that, Berman went to Geffen Records, where he was general counsel and head of business affairs. In the late 1990s, Berman left Geffen for Buena Vista Music Group, which is basically the music division for Disney, he told jury.(AP)

Berman retired in 2001 and became an expert witness. He said he’s testified in about 38 cases, 60% of times for plaintiffs. (AP) Berman has been engaged 38 times to testify in court as an expert witness, 60% of times for plaintiffs, 40% defendants. Berman said he was contacted by plaintiffs attorneys in December of last year and a meeting was set up. (ABC7)

Bloss: What were you provided by attorneys?
Berman: An enormous amount of written material (ABC7)

Berman said he reviewed 26 depositions, declarations, extraordinary amount of email, pleadings, all that. Bloss asked if getting paid $500/hr is standard amount. Berman said he knows some experts who charge more, others less. (ABC7) Berman said he’s reviewed an “enormous amount of written materials.” They included 26 depositions. He’s being paid $500/hour for his work. (AP)

AEG was major promoter, Berman said, explaining concert promoter promotes or markets the concert, secure the venue, ticket sales, tour merchandise. The tour producer, Berman said, is in charge of physical production of the show, the staging, the lighting, the dancing, the choreography. (ABC7)

Bloss: Have you been a concert promoter or producer?
Bernam: No (ABC7)

Berman: The essential deal involves the relationship with the artist, what does a concert entity do for, to and with the artist. "The customer for concert promoter is not the ticket buyer, it is the artist," Berman explained. (ABC7)

Berman said he believed that music companies owe a higher obligation to artists than to music buyers or concert goers and, in this instance, AEG failed Jackson.(AP)

Berman testified he believes AEG Live bringing Conrad Murray into “This Is It” tour was a conflict of interest. He said he believes the issues in this case relate to artist relations, not the intricacies of promoting a tour. Berman said he believes music industry companies should treat artists like their customers, placing their importance higher than customers. Berman: “Without the artist, you don’t have a record to sell.” (AP)

Asked whether it was appropriate for AEG Live to attempt to hire a doctor on Jackson's behalf, Berman responded, "I believe that it's highly inappropriate. It is highly unusual."(AP)

Bloss: Do you have opinion if tour producer should hire physician for the artist?
Berman: I believe it's entire inappropriate highly unusual (ABc7)

"I've never done it, I've never heard it being done" Berman said about hiring doctor "It's my understanding until this time AEG hadn't done". "It creats an inherent conflict of interest," Berman opined. "The physician has obligation to the person treating and the entity paying him". "It is a more egregioius conflict given the factors in this case," Berman expressed. (ABC7)

Berman said he had never heard of a music company hiring a doctor on behalf of an artist. He called it “highly unusual.” He said that the company paying the doctor “creates an inherent conflict of interest on the part of the physician.” Berman: “The physician has dual obligations to the patient of course and to the entity that his engaging” him or her. (AP)

Bloss showed Berman the 'Trouble at the Front' email Ortega sent to Phillips saying he didn't think MJ was ready, his physical weakening. "The response to me is very telling" Berman explained, saying Phillips was dismissive when he responded lets not become amateur psychiatrist. Phillips recognized the potential of the doctor not being ethical or unbiased, Berman highlighted. "It is my understanding AEG never did anything to check out Dr. Murray," Berman testified, "It shows they were aware of potential conflict (ABC7)

Plantiff’s attorney Bill Bloss showed Berman several emails the jury has seen, including messages traded by Randy Phillips and Kenny Ortega. He said one of the emails Phillips sent to Ortega seemed dismissive of the tour director’s concerns about Jackson’s health. (AP)

Bloss: Did you become involved in retaining a physician for any entity?
Berman: No
Bloss: Did you ever hear of a music company retaining a physician for an artist whether it was at artist's request or not?
Berman: No
Bloss: Would it be a reasonable practice?
Berman: No
WB: How could conflict be avoided?
DB: By hiring a doctor with no relationship to AEG (ABC7)

Defendants objected saying Berman has never been a producer, a tour manager or worked for a producer or manager. (ABC7)

Bloss: What is personal manager?
Berman: A personal manager is involved in every aspect of the artist's career and the artist's life (ABC7)

Berman said the fact Dr. Murray wanted $5 million to be engaged as MJ's physician is some kind of red flag, even though it was turned down. Berman: Even amount of $150k/month, as agreed, is an exorbitant amount. It's more money than any individual in the tour was getting. The expert said AEG was aware of another physician, Dr. Finkelstein, had been willing to take the position as MJ's doctor for $40k a month. Berman: If there was an alternative to Dr. Murray at a fraction of the price, it seems to me that information should've been passed on to MJ (ABC7)

He said he was troubled by the fact that another doctor had quoted a $10k per week price to care for Jackson on the tour. Berman said information about the other doctor should have been turned over to Jackson, but it wasn’t. (AP)

There were a lot of objections by AEG Live attorneys to Berman’s testimony and expertise. This prompted a lengthy sidebar in the morning. Ultimately, Berman was able to testify that he thought AEG Live’s involvement in negotiating Murray’s contract was an ethical conflict (AP).

Berman said he understands that Mr. Gongaware was the one dealing with Dr. Murray's hiring on behalf of AEG Live. Berman expressed AEG was in the process of negotiating and securing an agreement between themselves and Dr. Murray to be MJ's physician. Bloss showed the email where Paul Gongaware wrote "Done at $150k a month, per MJ." "It's indicative of fact that agreement had been reached on behalf of AEG Live that Dr. Murray," Berman explained. Berman said he didn't think this email alone proves AEG hired Dr. Murray. (ABC7)

Judge: to the jury, YOU will decide whether Dr. Murray was hired. All the testimony by hiring is made on assumption he was hired (or not) (ABC7)

Berman opined that emails between AEG and Dr. Murray offered more details of the terms of the engagement between AEG Live and Dr. Murray. Berman said it was a three party agreement between AEG Live, Dr. Murray and MJ. Berman said emails about the agreement were never sent to MJ. Berman explained it is as if one party was being denied participation in the bind in the terms of the agreement. (ABC7)

Bloss showed Berman a tour budget dated May 16, 2009. Berman explained it included $300k for medical management. Berman said the amount on budget is consistent with $150k for Dr. Murray for the months of May and June, 2009. (ABC7)

Dr. Murray acknowledged he's in agreement with terms of May 8th email, Berman explained, saying he was performing services that day already. Berman noted Dr. Murray wrote "I have performed and continue to fulfill my services to the client in good faith" and "as per our agreement" (ABC7)

"I've never heard of it and, to my knowledge, AEG had not done it before," Berman said about retaining a doctor. "I think an artist is perfectly entitled to engage any physician he chooses," Berman said. (ABC7)

Berman testified it is not unusual for an artist to hire and bring his own doctor on tour. However, Berman opined that AEG inserted themselves in the middle of the deal as an attempt to be in position to control MJ's doctor. (ABC7)

Bloss: May agreements be oral in your industry?
Berman: Of course, it's a common occurrence (ABC7)

Berman: agreements are commenced and performed by both parties by oral agreement and subsequently put in writing. It's not uncommon at all. (ABC7)

Bloss: When does the agreement start?
Berman: Generally speaking, when one party has commenced performing under the oral agreement (ABC7)

Berman said it is not unusual in the entertainment business at all to amend contracts without putting the changes in writing. For instance, Berman said MJ's agreement called for 31 shows, it was amended to 50; tour budget was $7.5 million, increased to $30 million. (ABC7) It is common that parties in the music industry reach oral agreements, then put the terms into writing, Berman told jurors. (AP)

David Berman told jurors hearing a negligent hiring lawsuit against concert promoter AEG Live LLC that the company should not have negotiated with Jackson's physician without notifying the singer's representatives of the discussion. Berman said there were no indications that Murray’s draft contract was sent to Michael Jackson’s representatives, which should have happened . (AP)

Berman said it's common practice for outside counsel, Kathy Jorrie in this case, to send agreement they're drafting to in house counsel. Berman: The email shows that nobody from MJ's camp received copy of the draft agreement AEG Live was putting together for Dr. Murray. Berman thinks it's unreasonable and inappropriate not to include one of the three parties of the agreement in the discussions of the deal. Berman said he understands Dennis Hawk, Mr. Branca and Mr. Katz were MJ's attorneys at this point in time. (ABC7)

Bloss showed email where Ms. Jorrie referred to as final contract between AEG and Dr. Murray. "As far as AEG is concerned, the contract is concluded and ready for execution," Berman explained the email meant in his opinion. (ABC7)

Berman said his understanding is that AEG Live had already secured housing in London for Dr. Murray and was included in the UK party tour, Berman said that in addition to insurance, AEG requested that Dr. Murray be in control of MJ's rehearsal schedule. Berman: If contract terminated then agreement terminated with Conrad Murray, giving Dr. Murray even greater conflict. "He was in dire straits, he did need this gig. He ran the risk of losing further compensation," Berman opined. Gongaware said "We want to remind Dr Murray that it's AEG, not MJ, who is paying his salary. We want him 2 understand what's expected of him"."It is indicatative of the fact that they want to control the services of Dr. Murray," Berman opined. (ABC7)

AEG Live’s ability to end Murray’s contract if the tour was canceled increased the conflict of interest, Berman said. “He was in financial dire straits,” Berman said. “He did need this gig.” (This refers to Randy Phillips email calling Murray successful.) (AP)

Berman said there would have been nothing inappropriate if Michael Jackson hired his own doctor, but AEG’s involvement made it inappropriate (AP).

Bloss: If Dr. Murray had been hired by MJ would this be necessary?
Berman: It would not have been factually accurate (ABC7)

After the lunch break, plaintiff’s attorney Bill Bloss asked Berman a few questions before wrapping up his examination. He started off by showing a copy of Conrad Murray’s “Independent Contractor Agreement.” Berman keyed in on a couple areas. Berman was asked about a section where Murray was required to ensure that his services would be “administered professionally”. “Well, it’s a pretty glaring example of why AEG inappropriateness,” Berman said. He said they had no experience supervising doctors. Berman’s point was that AEG wasn’t qualified to evaluate Dr. Murray’s care of Jackson. They could assess lighting, sound crew, but not a doctor (AP).

Berman said AEG doesn't have experience supervising physicians. "That's not their area of expertise." The chain of email Trouble at the Front shows an attempt to exercise some degree of control, Berman said. "This is the first time I'm aware of them reaching out to various MJ advisors, filling them in with the problem they now see," Berman said. Mr. Branca immediately responds saying he has a person he thinks can help, Berman said. AEG rejects the proposition regarding the person Mr. Branca suggested and never answered the question of substance abuse, Berman opined. (ABC7)

Berman: It indicates that they were concerned and the email from Gongaware to Phillips appears to be attempt to exercise control. "Take the doctor with you" mention is yet another attempt to control Dr. Murray, Berman said. (ABC7)

Berman: They don't know what the problem is, they don't know Dr. Murray is the right doctor, they just don't know what the problem is (ABC7)

Bloss asked if AEG should've entered into agreement w/ physician. Berman said no, they have no expertise or experience supervising a doctor (ABC7)

AEG cross

Berman said he's inactive member of the CA Bar for 10 years, pay dues but can't practice law until taking continuing education. Strong asked if the reason he left Capitol Records was because he was fired. "I demanded to be fired, they accepted my request" Berman said. (ABC7) She quickly asked Berman about him being fired from Capitol Records. He said he demanded to be fired. (AP)

Strong: Your primary job is working as expert witness since 2001, right?
Berman: Primary job is essentially inaccurate (ABC7)

Berman has been working with disputes in the industry for about 11 years. As expert witness, he's paid by whomever hires him. Berman gets $500/hour as payment, received about $25,000 from plaintiffs, $5,000 from defendants from when they deposed him. That makes about 60 hours of work on this case, Berman said, recalling about six meeting with attorneys for the plaintiffs. (ABC7)

Strong then keyed in on Berman’s work as an expert witness. She broke down his payments for the case. Berman has received $25,000 from the plaintiffs, and $5,000 from the defense. Defense had to pay him for his deposition, he said. He estimated he spent about 60 hours preparing his opinion on the Jackson vs AEG Live case so far. (AP)

Strong asked if Berman has been disqualified previously from testifying. He said the judge disqualified the methodology he used. (ABC7)

Strong: Did you testify outside the area of your expertise?
Berman: No, it had to do with putting a value on starting record label (ABC7)

Berman explained he used real life experience, based value on quality, knowledge and expertise but judge wanted academic and economic method. (ABC7)

AEG Live is primarily concert promoter, Berman explained. (ABC7) Strong noted that Berman hadn’t worked as a concert promoter or producer, nor had he worked on a tour before. (AP)

Berman never worked with MJ in a tour. "I was at a party once that he attended, but I was not introduced to him," Berman said. (ABC7)

Strong: You agree here that MJ chose Dr. Murray?
Berman: That's my understanding (ABC7)

Strong asked if MJ was the one paying Dr. Murray. Berman said he disagrees with it. Strong asked if Berman thinks it matters who Dr. Murray believes hired him. Berman responded the critical factor with Dr. Murray regarding conflict is knowing in fact that he was to be compensated by AEG and not MJ. Berman: AEG Live had the ability to terminate the agreement with Dr. Murray should the concert be postponed. "I think Dr. Murray had the right to be concerned about the issue," Berman testified. "It was not his best interest to harm MJ, but his interest was also the tour didn't get canceled or postponed," Berman said about Dr. Murray (ABC7)

Strong: Dr. Murray was under pressure because he might lose his job?
Berman: I feel he would be concerned about that, yes (ABC7)

Strong asked Berman if artists have the ability to not perform. He replied they have physical ability, but legal would be breach of contract. (ABC7)

The lawyer asked Berman what would have happened to Murray if Michael Jackson canceled the tour. He said he didn’t know. (AP)

Strong: It wouldn't matter who canceled the tour, correct?
Berman: There were elements that Dr. Murray had no control whatsoever (ABC7)

Berman opined that if the tour was canceled, it's fair to say that AEG would not want to keep Dr. Murray under contract. "I don't know what'd have happened with Dr. Murray if the show were canceled, I don't have any way of knowing," Berman said. (ABC7).

Berman said he's aware Dr. Murray performed services for MJ, and maybe for his children, but doesn't know the extent of services. (ABC7)

"Personal manager in CA cannot perform the functions of a booking agent; personal manager cannot perform function of attorney," Berman said (ABC7)

Berman said he thinks he knows enough to say that it is not unusual for masseuses to be brought along in a tour. (ABC7)

Strong asked if Berman knows that AEG Live negotiated contract with Karen Faye, make up artist. He said yes, and he had no problem with it. Strong: Faye could've cause skin damage on MJ's face? ((One of the jurors looked at Strong very puzzled!)) Berman: Anyone could've hurt MJ (ABC7)

Berman said it's his understanding that Dr. Murray was MJ's choice. He said he firmly believes producer should never hire doctor for artist. "It is extremely unusual, it goes beyond unusual," Berman opined. Strong rebutted: But you never produced a tour?
Berman: No (ABC7)

Berman said tour doctors are different from artist doctors. (ABC7)

Strong: You know The Stones tour with a doctor?
Berman: I know that Mr. Trell indicated that (ABC7)

"I know that AEG never hired a doctor to go on tour with an artist," Berman testified. Berman said is an unusual event for concert promoter to be the producer. "Producer shouldn't be engaging the services of doctor," Berman opined, "even if doctor has been treating artist/children for long time." (ABC7)

"The contract is between AEG Live and Dr. Murray," Berman said, adding that MJ is a third party beneficiary. Strong showed Berman Dr. Murray's Contract Agreement, "Perform the services reasonably requested by Producer." Strong said it was a mistake. (ABC7)

"Producer did request Dr. Murray to perform services," Berman said. Shawn Trell, in the audience, shook his head no. (ABC7)

"MJ did not sign it," Berman said about Dr. Murray's contract. Neither AEG Live, Strong asked. That's correct, Berman answered. (ABC7)

Strong: How often do you pay $1.5 mil without a signed contract?
Berman: I have paid probably more than $1.5 mil without executed contract (ABC7)

Strong argued that Berman's contract must not have included provision saying it had to be fully executed prior to payment. (ABC7)

Berman testified increasing shows from 31 to 50 wasn't in writing, neither was production cost raised from $7.5 million to more than $30 million (ABC7).

Strong: This contract doesn't limit the spending to $7.5 million, correct?
Berman: Correct, I don't have a problem with oral agreements (ABC7)

"I know there are no written documents signed by MJ approving increase in production costs," Berman testified. "There's one document signed by quote representative that I doubt he was a representative," Berman expressed. (ABC7)

Strong asked if Berman were to work for plaintiffs for 80 hours at rate of $500/hour, he would make $40k/week. Berman responded: "With all due respect, I'm 69 years old, I'm not working 80 hours a week for anybody." Some jurors laughed. (ABC7)

Strong asked Berman if his testimony should not be believed because he's being paid by the plaintiffs. "My salary as an expert witness is well in line with other experts," Berman responded, adding he knows several experts who charge much more. (ABC7)

Strong inquired if Berman was expert in doctor's salaries. "I'm not an expert but I'm aware of another doctor willing to be paid $40k/month". Strong: Do you know doctors make millions a year? Berman: I know my does (ABC7)

Strong also challenged Berman on his contention that Murray would have been the highest-paid worker on the “This Is It” tour. She said Kenny Ortega would have been paid $1m for about five months of work on the tour. He said he didn’t recall details of Ortega’s deal (AP).

Strong asked if Berman knew how much Kenny Ortega was going to make in the tour to say Dr. Murray was getting more money. "The red flag is $150,000 a month compared with another doctor asking $40,000," Berman explained. "It was not a problem that the doctor was going to make more, it's an indicative something is out of whack," Berman testified. (ABC7)

Strong asked Berman about the request for MJ's medical records for insurance purposes. He said it would benefit both AEG and MJ. (ABC7)

Strong asked if Berman was concerned MJ's reps were kept out of the loop. "To the best of my understanding that's what happened" Berman said. "I'm aware that Mr. DiLeo was aware of Dr. Murray, but don't know whether he was involved in the negotiation of the contract," Berman opined (ABC7) Berman said he felt it was “extremely unusual” that Murray’s contracts would not have been sent to Jackson’s representatives. (AP)

Strong then displayed a statement signed by Frank Dileo in July 2009 that stated he was aware of negotiations with Murray. Dileo’s statement indicated that AEG Live CEO Randy Phillips objected to hiring Murray, but Jackson wanted him. Berman said the statement didn’t deal with the issue that Murray’s contract wasn’t sent to Jackson reps, according to emails shown in court. (AP)

Berman said Brigitte Seagal was an attorney in the UK working on housing arrangements. He doesn't know if she had any relation with MJ. (ABC7)

Berman said that as President at Capitol Records, he was involved in hiring heads of departments, senior executives. Strong: You never checked financial background of executives you hired in the music industry? Berman: To the extent it would've been done, it was at the human resources level. Berman said he personally never checked financial background of anyone because it would not have reach his level it would've been done at Human Resources. Strong played Berman's depo where he said he couldn't recall any credit check being done (ABC7) Strong asked Berman whether he’d ever looked into the finances of executives he hired. He said if it happened, HR did the checks. (AP)

Jackson redirect

Berman said MJ's contract required any modification to be done in writing. But addition of shows, budget increase was never written anywhere. (ABC7) Bloss asked Berman whether he was aware if there was a document authorizing 50 shows for “This Is It.” “Apparently not,” he said. (AP)

Bloss: Did anybody considered that to be a problem?
Berman: Apparently not (ABC7)

As to the firing of Berman from Capitol Records he explained he was hired by chief executive whom he had immense respect, but ended up fired. However, Berman did not have same level of respect for the new global Chief Executive, he said. "It was pretty arrogant and naive of me," Berman said. "The word began to go around that the president was going to get fire." Berman said the morale was pretty bad for the company, no one wanted to sign with the company if the president was about to be booted. Berman explained he went to his immediate boss and demanded full support of termination. "Then I'm fired," Berman said, he insisted in getting fired, it was the only way to get paid off. If he quit, he would've gotten nothing. (ABC7) Berman was then asked about his firing from Capitol Records. He explained he was hired by one executive, but another exec took over. Berman said he didn’t have respect for the new executive. Berman said he asked to have the company either publicly support him, or fire him. (AP)

Berman said he believes the DiLeo letter was an attempt to get some MJ representative of some form to retroactively approve the budget. (ABC7) The expert was also asked whether he knew how the Dileo statement came about. Berman said he believed it was entered after Jackson’s death and in an attempt to recoup some costs of the “This Is It” production. (AP)

The purpose of this letter is to confirm that I'm appointing Frank DiLeo one of my new representatives & tour manager. Mr. DiLeo has my authorization to conduct business matters on my behalf only when instructed. Signed by MJ (ABC7)

Berman said it was a weird letter and inconsistent with DiLeo's declaration, which said he was MJ's rep since March 2009. (ABC7)

"I believe this document to be a written document confirming binding oral agreement," Berman said about Dr. Murray's contract. (ABC7)

AEG recross

Strong asked in re-cross if Berman was aware that MJ directed Randy Phillips to deal with Frank DiLeo on his behalf. He said no. As to DiLeo's letter dated May 2, 2009, Strong asked if Berman knows when DiLeo was hired. He said no. (ABC7)


Zusammenfassung von Ivy, MJJC #31

__________________________________________

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


Originaldokumente eröffnungsstatements u.a. (MJJC #1 ff.)

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 24. Teil

19. Juni 2013

Am letzten Freitag hatte Jackson Anwalt Brian Panish noch ein zweites und letztes Mal die Gelegenheit, Randy Phillips, CEO von AEG Live, zu befragen, nachdem vorher AEGs Anwalt Marvin Putnam dran war und wir ja nicht wirklich etwas Neues erfahren haben bzw. betont wurde, wie gut Michael drauf war, wie gut er am Ende aussah, wie sich alle auf die Shows freuten und wie Murray alles im Griff hatte und AEG sich voll auf ihn verliess. Panish ging dann gleich zur Sache.

So fragte er Phillips, ob damals die Gefahr bestand, dass die “This Is It” Shows abgesagt werden könnten. “Das könnte man so sagen”, so Phillips’ Antwort. Panish spielte dann auch einen Videoclip von Sky News ab, in dem Phillips eine Woche nach Michael Jacksons Tod gesagt hatte, dass AEG Conrad Murray angestellt hatte. Phillips sagte dann, AEG hatte nie einen Arzt im Auftrag eines Performers angestellt oder für deren Unterkunft gezahlt. Im Vertrag zwischen Murray und AEG jedoch war vorgesehen, so Panish, dass AEG für Murrays Haus aufkommen würde, wenn die Crew für die Shows nach London ziehen würde. An dieser Stelle sei nochmals daran erinnert, dass gemäss früheren Aussagen weder Michael selbst noch seine Vertreter den Vertragsentwurf zwischen AEG Live und Conrad Murray jemals gesehen hatten.

Brian Panish kam dann auch nochmals auf die E-Mail von Kenny Ortega an Randy Phillips vom 19. Juni 2009 zu sprechen, als ersterer beschrieb, wie Michael Jacksons geistige Gesundheit angeschlagen schien und er der Meinung war, ein Psychologe solle Michael mal untersuchen. An jenem Tag wurde auch das Photo vom sichtlich ausgemergelten Michael bei der Kostümprobe gemacht. Wie wir während Karen Fayes Zeugenaussage berichtet hatten, hatte Michael Bush, Michaels Kostümdesigner, damals Faye gegenüber gesagt: “Oh mein Gott, Turkle [Michael Jacksons Spitzname für Karen], ich kann Michaels Herzschlag durch die Haut seiner Brust sehen” (siehe Teil 5 http://www.jackson.ch/the-jacksons-v...cksons-5-teil/ von unserer Berichterstattung). Für den Folgetag wurde das bereits mehrfach erwähnte Meeting bei Michael Jackson zu Hause zusammen mit Kenny Ortega, Randy Phillips, Frank DiLeo und Conrad Murray einberufen. Phillips sagte zu einem früheren Zeitpunkt der Befragung aus, dass Michael an dem Tag wirklich gut ausgesehen hatte. Panish fragte den Zeugen nun, wie Michael Jackson sich so rasch erholen konnte. “Ich war so verwirrt wie jeder andere auch, weil der Michael Jackson, den ich sah, der Michael Jackson, der da im Wohnzimmer mit uns zusammen sass… super ausgesehen hatte”. Was hatte sich denn in den 12 Stunden geändert, fragte Panish. “Ich habe keine Ahnung”, antwortete Phillips. Kein Kommentar.

Brian Panish zeigte den Geschworenen dann auch noch einen Videoclip von Michaels Billie Jean Performance. Dies zur Widerlegung eines Videos bzw. einer Aussage, die Phillips am Vortag gegenüber seinem eigenen Anwalt, Marvin Putnam, gemacht hatte. In jenem Video wurde gezeigt, wie Michael bei den Proben am 5. Juni 2009 mehrere nicht aufeinanderfolgende 360-Grad Drehungen gemacht hatte. Phillips hatte diese Bewegungen gegenüber Putnam als “mehrfache 360 Drehungen” beschrieben gehabt, auch wenn er zugab, dass er kein Choreograph sei. Die Jackson Anwälte zeigten den Geschworenen und Phillips nun jene Performance bei den Proben vom 5. Juni im direkten Vergleich zu einer Billie Jean Performance von 2001. Nachdem die Clips angespielt waren, fragte Panish Randy Phillips, ob irgendwo in dem Film (von den Proben) zu sehen war, dass Michael mehrfache 360-Grad Drehungen gemacht hatte. “Nein”, konnte da Phillips nur noch kleinlaut zugeben.

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

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-24-teil/
Copyright © jackson.ch

[Brigitte 58]

ABC7 Court News @ABC7Courts17h
He said "I can't take this s**t," Chase said Dr. Murray told her, storming out of the house.

das sollte man vielleicht doch mal genauer hinterfragen.....

und das hier gleich mit
Anthony McCartney @mccartneyAP18h
After the meeting Phillips, Gongaware and Dileo stayed at the house. They were still there when she left for the day.

[Lena]

ABC hat heute zeitverzögert nun noch die Aussagetweets von gestern aktualisiert. Im oberen Tweet auch ein Link wo Prince Aussage zu sehen ist, Paris Aussage ist nur verkürzt eingestellt.

http://abclocal.go.com/kabc/video?id=9144445

Nur paar Sachen aus den letzten Tweets noch zusammengefasst
Chase sagte auch aus, dass sie MJ nie unter Einfluss von Medikamenten, Drogen oder Alkohol sah. Die Sauerstofftanks im Juni seien größer gewesen als im April. Murray kam jeden Tag mit 2 von ihnen herunter. Verhältnis von Murray mit MJ und seinen Kindern erschien freundlich. Sie hielt Murray für Michaels persönl. Arzt. Es erschien ihr nicht seltsam das er einen hatte, nur das er täglich da war. Im April war er 2 bis 3-mal Woche da. Im Juni kochte sie einmal Dinner für Murray, MJ und die Kinder, eine türk. Suppe.

Alle Tweets der Aussage hier eingestellt. Relativ lang und natürlich ausführlich zum Verhältnis von MJ mit seinen Kindern. Chase wird heute noch weiter aussagen.

https://twitter.com/ABC7Courts

Meines Erachtens hat AEG mit der Chase-Aussage in einigen Aspekten gepunktet, auch in Verbindung mit den widerlegenden Aussagen von Michaels Kindern, insbesondere auch von Prince, der bestreitet seinem Vater jemals die Treppe hoch geholfen zu haben. Eine Aussage, die man vormals ohnehin noch niemals weder im Strafprozess noch in Medien-IVs von Chase hörte.

[Lena]

Karen Faye soll Freitag ihre Aussage fortsetzen. Von Finkelstein wird diese Woche die Depositon von Video gezeigt. Anwälte stritten sich 45 Minuten darüber welche Teile gezeigt werden dürfen. Heute nur Kathrine im Gericht.
Die Aussage von Kai Chaise hat gestartet. Sie arbeitet auch heute noch für Kathrine und die Kinder. Bislang erzählte sie über das Leben der Kinder. Michael habe zum 11. Geburtstag von Paris eine Party mit privater Circusvorstellung im Haus orgranisiert, im Cirque du Soleil-Stil. Paris habe seit dem keine Geburtstagsparty mehr gehabt.

Anthony McCartney @mccartneyAP
It also sounds like Karen Faye will return to the stand on Friday for cross-examination by an AEG Live lawyer.
Anthony McCartney @mccartneyAP now
Finklestein was a doctor on Michael Jackson’s “Dangerous” tour. His deposition is expected to be played this week.
Expand Reply Retweet Favorite More
Anthony McCartney @mccartneyAP 19s
Plaintiff’s attorneys are trying to just play the deposition video and not have Finkelstein testify live, but he may still come in.
Anthony McCartney @mccartneyAP 1m
Testimony began about 45 minutes late because lawyers were arguing which portions of Dr. Stuart Finkelstein’s deposition can be used.
Expand Reply Retweet Favorite More
Anthony McCartney @mccartneyAP 3m
We're on the lunch break in Jackson vs AEG Live case.
Katherine Jackson is in court today.
Chef Kai Chase is on the witness stand.
Expand
Anthony McCartney @mccartneyAP 4m
Chef describes home lives of Michael Jackson's children to jury: http://bit.ly/11m07Ia
(short update, longer one coming soon.)

Chef describes Jackson children's lives to jury
By ANTHONY McCARTNEY
AP Entertainment Writer
Published: Tuesday, Jun. 18, 2013 - 12:24 pm
LOS ANGELES -- A chef who worked for Michael Jackson has described to jurors the lives of the superstar's children, including what she says was Paris Jackson's last birthday party.

Kai Chase says the singer hired a private circus for his daughter's 11th birthday party in 2009 in the backyard of his rented mansion.

Chase says the performance was a Cirque du Soleil style performance with men on stilts and a woman performing in a giant balloon. The celebrity chef continues to work for the singer's children and his mother.

She says Paris Jackson, now 15 years old, has not had a birthday party since then.

Chase is testifying in Katherine Jackson's lawsuit against AEG Live LLC over her son's death.

AEG Live denies any wrongdoing.

Read more here: http://www.sacbee.com/2013/06/18/550...#storylink=cpy

Edit:

Artikel-update

http://bigstory.ap.org/content/anthony-mccartney


Es war Paris Wunsch seit dem keine Geburtstagsparties mehr zu haben. MJ erlaubte seinen Kindern keine Süßigkeiten zu essen und sorgte dafür, dass sie früh ins Bett gingen um bereit zu sein für den Unterricht beim Privatlehrer. Chase beschreibt Jackson als einen Prankster, der mit seinen Kindern die Mahlzeiten einnahm, Witze machte und Geschichten austauschte. Paris schrieb häufig Notizen für ihren Vater, so an die Tafel am Küchenboard. Eine Message die gezeigt wurde "I love Daddy" und "Smile is for free". Chase beschreibt das enge Bund das Jackson mit seinen Kindern hatte. Wenn er in den Raum kam liefen sie auf ihn zu und umarmten ihn.

[Lena]

Berman merkt auch noch an, dass es keine Indikation gibt, dass der Vertragsentwurf für Murray zu MJs Repräsentanten gesendet wurde.Im Cross erfährt man das Bermann auf seine Entlassung bei der Record-company anfragte, da er mit neuen Executiven nicht klar kam. Es gibt eine unterzeichnete Erklärung von Dileo aus July 2009, die besagt, dass ihm die Verhandlungen mit Murray bekannt waren, dass Phillips gegen die Einstellung war, aber MJ ihn wollte. Berman erhielt von den Klägern 25000 Dollar für die Erstellung seiner Expertise, AEG musste ihm 5000 Dollar für die Depositon zahlen. Morgen kommt die Köchin Kai Chaise. Zudem werden Videodepositions von Dr. Finkelstein und evtl. Leweike in dieser Woche präsentiert. Panish gab bekannt das er seine Fallpräsentation in der Woche vom 8. Juli abschließen werde. Derweil werden sich wohl 1 Juror und 1 Ersatzjuror vom Prozess verabschieden, weil sie in andere Gebiete ziehen.



I'll be back in court tomorrow morning with resumption of testimony at 10 a.m.
Our story is here: http://yhoo.it/10r5xDd
View summary Reply Retweet Favorite More
Anthony McCartney @mccartneyAP 13m
It also looks like there will be some video testimony this week from Dr. Stuart Finklestein and possibly former AEG CEO Tim Leiweke.
Expand
Anthony McCartney @mccartneyAP 14m
Plaintiff’s attorney Brian Panish said he expects his case will finish the week of July 8th. #longwaytogo
Expand
Anthony McCartney @mccartneyAP 14m
The judge asked him for more info, but said she’ll likely excuse him from the trial. That would leave 5 alternates in the case.
Expand
Anthony McCartney @mccartneyAP 14m
This juror has been buying property in another city, and said the closing date is at the end of the month.
Expand
Anthony McCartney @mccartneyAP 14m
There were several developments after testimony concluded. One alternate juror is moving, and looks like he’ll be excused.
Expand
Anthony McCartney @mccartneyAP 15m
Berman finished testifying and court will resume tomorrow at 10 a.m.
The next witness will be chef Kai Chase.
Expand
Anthony McCartney @mccartneyAP 16m
... (cont) after Jackson’s death and in an attempt to recoup some costs of the “This Is It” production.
Expand
Anthony McCartney @mccartneyAP 16m
The expert was also asked whether he knew how the Dileo statement came about. Berman said he believed it was entered (cont)
Expand
Anthony McCartney @mccartneyAP 16m
Berman said he didn’t have respect for the new executive. Berman said he asked to have the company either publicly support him, or fire him.
Expand
Anthony McCartney @mccartneyAP 17m
Berman was then asked about his firing from Capitol Records. He explained he was hired by one executive, but another exec took over.
Expand
Anthony McCartney @mccartneyAP 17m
Bloss asked Berman whether he was aware if there was a document authorizing 50 shows for “This Is It.” “Apparently not,” he said.
Expand
Anthony McCartney @mccartneyAP 17m
Strong concluded her questioning, and plaintiff’s attorney Bill Bloss took over again.
Expand
Anthony McCartney @mccartneyAP 17m
Strong asked Berman whether he’d ever looked into the finances of executives he hired. He said if it happened, HR did the checks.
Expand
Anthony McCartney @mccartneyAP 17m
Berman said the statement didn’t deal with the issue that Murray’s contract wasn’t sent to Jackson reps, according to emails shown in court.
Expand
Anthony McCartney @mccartneyAP 18m
Dileo’s statement indicated that AEG Live CEO Randy Phillips objected to hiring Murray, but Jackson wanted him.
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Anthony McCartney @mccartneyAP 18m
Strong then displayed a statement signed by Frank Dileo in July 2009 that stated he was aware of negotiations with Murray.
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Anthony McCartney @mccartneyAP 18m
Berman said he felt it was “extremely unusual” that Murray’s contracts would not have been sent to Jackson’s representatives.
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Anthony McCartney @mccartneyAP 18m
She said Kenny Ortega would have been paid $1m for about five months of work on the tour. He said he didn’t recall details of Ortega’s deal
Expand
Anthony McCartney @mccartneyAP 18m
Strong also challenged Berman on his contention that Murray would have been the highest-paid worker on the “This Is It” tour.
Expand
Anthony McCartney @mccartneyAP 18m
The lawyer asked Berman what would have happened to Murray if Michael Jackson canceled the tour. He said he didn’t know.
Expand
Anthony McCartney @mccartneyAP 19m
Strong noted that Berman hadn’t worked as a concert promoter or producer, nor had he worked on a tour before.
Expand
Anthony McCartney @mccartneyAP 19m
He estimated he spent about 60 hours preparing his opinion on the Jackson vs AEG Live case so far.
Expand
Anthony McCartney @mccartneyAP 19m
Berman has received $25,000 from the plaintiffs, and $5,000 from the defense. Defense had to pay him for his deposition, he said.
Expand
Anthony McCartney @mccartneyAP 19m
Strong then keyed in on Berman’s work as an expert witness. She broke down his payments for the case.
Expand
Anthony McCartney @mccartneyAP 19m
She quickly asked Berman about him being fired from Capitol Records. He said he demanded to be fired.
Expand
Anthony McCartney @mccartneyAP 20m
After about 10 minutes, plaintiff’s attorney Bill Bloss concluded his questioning. AEG defense attorney Sabrina Strong took over.
Expand
Anthony McCartney @mccartneyAP 20m
Berman’s point was that AEG wasn’t qualified to evaluate Dr. Murray’s care of Jackson. They could assess lighting, sound crew, but not a doc
Expand
Anthony McCartney @mccartneyAP 20m
“Well, it’s a pretty glaring example of why AEG inappropriateness,” Berman said. He said they had no experience supervising doctors
Expand
Anthony McCartney @mccartneyAP 20m
Berman was asked about a section where Murray was required to ensure that his services would be “administered professionally”
Expand
Anthony McCartney @mccartneyAP 20m
He started off by showing a copy of Conrad Murray’s “Independent Contractor Agreement.” Berman keyed in on a couple areas.
Expand
Anthony McCartney @mccartneyAP 20m
After the lunch break, plaintiff’s attorney Bill Bloss asked Berman a few questions before wrapping up his examination.
Expand
Anthony McCartney @mccartneyAP 20m
Berman said there would have been nothing inappropriate if Michael Jackson hired his own doctor, but AEG’s involvement made it inappropriate
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Anthony McCartney @mccartneyAP 21m
“He was in financial dire straits,” Berman said. “He did need this gig.” (This refers to Randy Phillips email calling Murray successful.)
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Anthony McCartney @mccartneyAP 22m
AEG Live’s ability to end Murray’s contract if the tour was canceled increased the conflict of interest, Berman said.
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Anthony McCartney @mccartneyAP 22m
It is common that parties in the music industry reach oral agreements, then put the terms into writing, Berman told jurors.
Expand
Anthony McCartney @mccartneyAP 22m
Berman said there were no indications that Murray’s draft contract was sent to Michael Jackson’s representatives, which should have happened
Expand
Anthony McCartney @mccartneyAP 23m
This is a continuation of the morning session testimony of expert witness David Berman, an attorney and a former record executive
Expand
Anthony McCartney @mccartneyAP 23m
Testimony has concluded for the day in Jackson vs AEG Live. A few updates to come now.

[geli2709]

News summary of Week 7 at the AEG trial

June 16, 2013
by Vindicatemj (Helena)

http://vindicatemj.wordpress.com/2013/06/16/news-summary-of-week-7-at-the-aeg-trial/

AEG-Jackson trial Days 18 and 24. “INTERVENTION” and the MYSTERY OF MICHAEL JACKSON’S CONTRACT

June 13, 2013
by Vindicatemj (Helena)

http://vindicatemj.wordpress.com/2013/06/13/aeg-jackson-trial-days-18-and-24-the-mystery-of-michael-jacksons-contract/

[Lena]

• Anthony McCartney @mccartneyAP 30m
  We’re on a lunch break in Jackson vs. AEG Live case. No Jackson family members are in court today.
  Keine Jackson-Familienmitglieder heute im Gericht. Derzeit Lunchpause.
  
  
  Detailsnthony McCartney @mccartneyAP 31m
• Expert: AEG Live's involvement with Michael Jackson's doctor a conflict of interest. Story link: http://yhoo.it/10r5xDd

Die Jackson-Anwälte haben heute eine Experten geladen, früheren Chef von Capital Records David Berman,der die Anischt vertritt AEG haben einen Intressenkonflikt kreiert indem Sie Murray in Jacksons Namen einstellten. Es sei unangemessen und ungewöhnlich. AEG Live muss Berman noch befragen, aber sie haben bereits Einwand gegen die Expertise erhoben, das Bermann keinerlei Erfahrung als Promotor oder Tourchef aufweise.

Richterin erinnerte die Juroren heute daran, dass sie letztendlich entscheiden werden, ob AEG Murray anstellte oder nicht.


Expert: Promoter created conflict with Jackson doc
By ANTHONY McCARTNEY | Associated Press – 26 mins ago
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FILE - In this March 5, 2009 file …
LOS ANGELES (AP) — The promoter of Michael Jackson's ill-fated series of comeback shows created a conflict of interest with the singer's physician when it negotiated terms of his deal, an expert testifying for the superstar's mother told a jury on Monday.
David Berman told jurors hearing a negligent hiring lawsuit against concert promoter AEG Live LLC that the company should not have negotiated with Jackson's physician without notifying the singer's representatives of the discussion.
The former head of Capitol Records and high-level positions at several other record companies is being paid to testify for Katherine Jackson in her lawsuit against the concert company.
Asked whether it was appropriate for AEG Live to attempt to hire a doctor on Jackson's behalf, Berman responded, "I believe that it's highly inappropriate. It is highly unusual."
Berman retired from the music industry in 2001 to become an expert witness for music industry-related lawsuits. He said he had never heard of a situation in which a tour promoter hired a doctor on behalf of an artist.
Berman said he believed that music companies owe a higher obligation to artists than to music buyers or concert goers and, in this instance, AEG failed Jackson.
He was shown emails in which a tour accountant traded emails with Jackson's doctor, Conrad Murray, without including any of the singer's representatives.
Murray, who was convicted of involuntary manslaughter in 2011, was never paid his $150,000 per month fee for working with Jackson. The superstar died from an overdose of the anesthetic propofol before signing Murray's contract.
AEG denies it hired Murray. The company's executives and lawyers have said the company was merely advancing Jackson the money to pay Murray, and a valid contract never existed.
The company's lawyers have yet to question Berman but already have objected to his expertise. An AEG Live defense attorney has noted that Berman was never a tour producer or promoter — functions that AEG Live was serving as during preparations for Jackson's comeback shows.
Superior Court Judge Yvette Palazuelos reminded jurors on Monday that they will ultimately decide whether AEG Live hired Murray.

[geli2709]

17. Juni 2013

The Jacksons vs. AEG Live – Zeugen der Jacksons, 23. Teil


Es ging weiter mit der Befragung von Randy Phillips durch Marvin Putnam. Obwohl Phillips ja bekanntlich als Zeuge für die Jacksons auf der Liste stand, hat der letzte Bericht (siehe 22. Teil vom 13. Juni) bereits deutlich gezeigt, wie unterschiedlich die Aussagen, das Auftreten und das Erinnerungsvermögen plötzlich sind, wenn AEGs eigener Anwalt, Marvin Putnam, den Zeugen (und ihren eigenen CEO) befragt. Dies hatte sich auch am zweiten Befragungstag durch Putnam gezeigt.

Als die E-Mails von Kenny Ortega an Randy Phillips zur Sprache kamen, die letzterer nur wenige Tage vor Michaels Tod erhalten hatte und in der Ortega seine Bedenken betreffend Michaels geistiger und körperlicher Verfassung ansprach, sagte Randy Phillips aus, dass Conrad Murray gesagt hatte, dass wenn die Shows abgesagt würden, dies negative Auswirkungen auf Michael Jackson haben würde, weil er sich so freute auf die Shows. Phillips sagte aus, dass Conrad Murray wütend war, dass man ihn im Nachhinein kritisieren würde und er ermahnte Kenny Ortega “kein Amateur Arzt zu sein und eine Diagnose für seinen Patienten zu stellen”. Conrad Murrays Haltung beschrieb Phillips mit “bleib du in deiner Spur. Das ist meine Spur. Ich hab’s im Griff und mach das schon”.

Zudem sagte Phillips aus, dass Michael Jackson Ortega gesagt hatte, dass er bei den Proben nicht dabei sein müsste, da er diese Tänze fast seine ganze Karriere lang performed hatte. Michael habe gesagt, so Phillips, dass er für die Eröffnung der Shows bereit sein werde. “Du baust das Haus und wenn du damit fertig bist, füge ich die Tür hinzu und bemale sie”, so soll Michael sich gegenüber Phillips geäussert haben.

Nach dem bereits oftmals erwähnten Meeting bei Michael zu Hause, wenige Tage vor Michaels Tod, war Phillips sehr zuversichtlich. “Michael hat grossartig ausgesehen. Dr. Murray hatte uns Mut gemacht… Kenny war wieder an Bord und zuversichtlich und mit Michael schien alles in Ordnung zu sein”, so Phillips. Am darauffolgenden Tag schrieb Phillips die folgende E-Mail: “Jungs, wir hatten ein sehr produktives und gutes Meeting… Der Arzt war fantastisch und ich glaube, Kennys Hysterieanfälle werden unter Kontrolle sein und Michael war voll da und aufmerksam… Lasst uns beten, dass MJ mitmacht und dass er auch anfängt zu trainieren und zu essen”. Als Phillips dann die Proben am 23. und 24. Juni mit angeschaut hatte, habe er Gänsehaut gehabt, so gut war Michael. Nach den Proben am 24. Juni sei Michael aus seiner Garderobe gekommen und habe Phillips umarmt. “Du hast mich so weit gebracht”, so soll Michael Phillips gesagt haben. “Ich übernehme von hier an”. Wie er sich dabei gefühlt habe, fragte Putnam den Zeugen. “Grossartig”, so Phillips. Dies war das letzte Mal, da Phillips Michael Jackson lebend gesehen hatte.

Nur eine kurze Anmerkung hier: Habt Ihr auch gerade ein Déjà-vu gehabt? Waren einige dieser Aussagen nicht ziemlich identisch mit seinen Aussagen auf dem Bonusmaterial der “This Is It” Doku, wo, wie wir mittlerweile ja bestätigt erhielten, alles absichtlich schön geredet wurde?

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/news/
Copyright © jackson.ch

[Lena]

Jacksons vs AEG - Day 30 – June 14 2013 – Summary

http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page3?p=3846190#post3846190

Katherine Jackson was in court.

Randy Phillips Testimony

Jackson redirect

Panish started out by asking Phillips about his meeting with Jackson’s ex-manager, Tohme Tohme, at the Polo Lounge in Beverly Hills. Phillips denied calling Katherine Jackson anything derogatory during the meeting. He also denied he called Jackson a “freak.” (AP)

Phillips denied again using derogatory terms to refer to Mrs. Jackson while meeting with Dr. Tohme at Polo Lounge on May 4th of this year. (ABC7) Phillips also denied that he discussed the Jackson vs AEG Live case with Tohme, but says other people may have. Lawyers were at the meeting. (AP)

Panish then moved into questioning about Phillips’ conversation with Brenda Richie. He testified about this earlier this week. Phillips said Brenda Richie told him she had been talking to Jackson (through a medium) and the singer told her not to blame Conrad Murray. Panish showed jury Phillips’ deposition testimony, in which he didn’t mention Brenda Richie’s statements. The questioning about Richie statements is one of the areas Panish used this morning to try to show Phillips’ testimony has evolved. (AP)

The back-and-forth between Phillips and Panish has been very pointed, tense this morning. Judge has had to intervene a couple times. For instance, at one point Panish asked Phillips, “Are you bored with this?” Phillips: “No, you’re very interesting.” (AP)

Panish mentioned that Phillips had testified a lot about conversations with Jackson, Frank Dileo, and attorney Peter Lopez. Panish asked what those three had in common. Phillips said it was a rhetorical question. “They all passed away.” (AP) Panish asked Phillips what MJ, Peter Lopez and Frank DiLeo have in common. "They've all passed away," Phillips responded.(ABC7) The lawyer said none had given testimony in the case before dying. AEG lawyer objected as to Dileo, who gave sworn statement in another case (AP)

Panish spent a lot of the morning going over areas where he says Phillips changed his testimony. The lawyer played some of Phillips’ interview with Sky News a few days after Jackson’s death. Panish noted that Phillips didn’t mention in the interview that Jackson was responsible for Conrad Murray’s salary. (AP)

Panish: Are you aware of articles quoting you saying you hired Dr. Murray?
Phillips: I don't recall (ABC7)

Panish pressed asking if he had testified earlier in the week saying he was not aware of articles quoting him. It's been a long time the articles have been written, Phillips testified, saying he doesn't remember whether he gave any other interviews. Phillips: If articles were written from interview w/ Sky News it's possible, I just don't remember giving interview about AEG hiring Dr. Murray. Earlier, Phillips testified Michael Roth, AEG's PR person, set up interviews, so most likely he had talk with Roth about hiring Dr. Murray. "I don't remember, you have to show me the articles," Phillips explained when Panish asked if he gave other interviews says AEG hired Dr. Murray. (ABC7)

As to Dr. Murray hiring, Phillips said all he knew in beginning of June when they met at the Forum, there was no agreement with Dr. Murray. Phillips said 'he' didn't want to hire an American doctor due to the costs. "There were two issues: one was cost, the other was the ability to practice in the UK," Phillips explained. (ABC7)

Questioning then moved into Phillips’ testimony about his phone conversation with Conrad Murray on June 20, 2009. Panish was trying to show Phillips’ testimony changed about the call, that different answers were given at deposition, trial. At his deposition, Phillips initially said the call only lasted 2 to 3 minutes. He changed it later in depo, after meeting with his lawyer. The call was actually much longer, around 25 minutes, Phillips has since said.(AP)

Phillips testified he doesn't know whether his home number is unlisted or not. He said he rarely uses it due to cell phones. (ABC7)

Panish pressed Phillips about why his testimony changed so much. Questioned why he didn’t just say that he didn’t recall or remember. Panish said Phillips had said he didn’t recall ore remember details dozens of time during his deposition. Phillips said he clarified his answers as necessary. “We’re parsing words,” Phillips said. “It’s all we’ve been doing.” (AP)

Phillips was then asked about the “trouble at the Front” email and the assertion by production manager that MJ could do multiple 360 spins early in rehearsals, but “would fall on his ass” if he tried it on June 19, 2009. Phillips had been shown a long clip of a rehearsal of “Billie Jean” on Thursday. Jackson did several spins, but one spin at a time. The “Billie Jean” rehearsal footage in "This Is It" film was from June 5, 2009, Panish said. Panish showed a couple clips from earlier in Jackson’s career of him doing multiple, extremely fast 360 spins. The lawyer asked Phillips if there was any footage of Jackson doing multiple 360 spins during “This Is It” rehearsals. His answer was no. Phillips tried to make the point that all the “This Is It” footage was rehearsals, while one of the clips was a full-blown MJ performance. (AP)

Panish then asked Phillips if he saw Jackson perform consecutive spins in 2009. Considering the movie is a rehearsal and that’s a full-on performance at Madison Square Garden…no,” he said. (KCAL) Phillips said he believed Jackson was holding back because it was a rehearsal, not a "full-on" performance. (NYDailyNews)

The exec explained again he felt very confused, Dr. Murray was saying MJ was fine, but emails from Ortega and Hougdahl said it differently. Dr. Murray reassured Phillips on June 20th that MJ was fine, the doctor wasn't sure what was going on the day before, perhaps the flu. (ABC7)

Panish asked Phillips about his testimony that Jackson looked good on June 20, 2009, just hours after he’d been sent home from rehearsal. The lawyer showed Phillips a picture of Jackson taken on June 19th from a costume fitting. Jackson was in a T-shirt, looked thin. Phillips said of Jackson on June 20th: “He wasn’t dressed in a T-shirt, he looked great.” Phillips said he had no idea what changed from previous day about Jackson's appearance. (He didn't see him on June 19th) (AP)

Panish attempted again to "impeach" the witness, which is a legal technique to put in question his credibility. "He looked really good," Phillips said about MJ rehearsals on June 23 and 24. "But you said it was fantastic," Panish inquired. Phillips said he was as confused as anyone, since the MJ he expected to see after the chain of emails was very differently from what he saw. "The MJ sitting in that living room looked great," Philips recalled. Panish showed pic of MJ on Jun 19th wearing t-shirt looking very skinny. The attorney asked if that MJ looked really good in Phillips's opinion. Phillips explained that his description of MJ looking really good was from what he saw on June 23. Phillips recalled that MJ didn't look like the picture from the 19th, the day he went home sick. On the 23rd, Phillips said MJ was not wearing t-shirt, had hair and makeup done, looked great. (ABC7)

On June 19, after a particularly troubling day of rehearsal, tour director Kenny Ortega sent Phillips an email in which he said Jackson was "trembling, rambling, obsessing" and needed a mental health evaluation. A photo taken during a costume fitting that day shows a gaunt Jackson in a white T-shirt. A meeting with Jackson, Ortega, Phillips and Murray was held at the singer's Carolwood Drive house the next day. Phillips testified Jackson "looked really good." Panish asked him how Jackson could improve so quickly. "I was as confused as anybody because the Michael Jackson I saw, the Michael Jackson sitting in that living room ... looked great." What changed in 12 hours? Panish asked. "I have no idea," Phillips replied. (LAtimes)

Panish then wanted to ask Phillips about a voicemail that Jackson’s manager Frank Dileo left for Conrad Murray on morning of June 20th. The message was played during Murray’s criminal trial. In it, Dileo is heard saying that tests need to be taken on Jackson. Panish wanting to play the message for this jury prompted a recess during which the attorneys argued. Jury left the courtroom. Plaintiff’s attorneys said it should be played because Phillips was asked whether Dileo called Murray. AEG attorneys argued it was improper. Katherine Jackson’s team also said it should be played because Phillips could verify it was Dileo’s voice on the call. AEG attorney Jessica Stebbins Bina however said it would lead jurors to derive an “improper inference.” The judge wouldn’t allow the Frank Dileo message to be played for the jury. Panish was frustrated by the judge’s ruling. He threw his left arm against his leg and it sounded like he cursed under his breath. (AP)

After the break, Panish told Phillips, “I’m going to try to finish if you try to answer” the questions. (AP)
Panish: I want to finish, you answer the questions, ok?
Phillips: We got a deal (ABC7)

It wasn’t long before Phillips made some allusion to what his attorneys told him, prompting a sidebar. When the lawyers returned, Judge Yvette Palazuelos told Phillips to testify about “substance” of conversations with his lawyers. Palazuelos said if he had a doubt, Phillips should ask her. “I can talk to you,” he responded. (AP)

Phillips was asked whether he mediated a dispute between Jackson’s managers Tohme Tohme and Frank Dileo. Phillips said no. The executive said he urged them to meet for breakfast or some other meal, but it wasn’t his role to make sure they got along. (AP)

Phillips was then asked about whether there was an ethical wall involved in AEG Live’s dealings with Jackson. Phillips had called this
concept a Chinese wall, but the judge told everyone to call it an ethical wall instead. The executive said he understood it to be an arrangement so there wasn’t an unfair advantage for one side in certain arrangements. Panish: “If somebody’s on both sides of a deal it can potentially be a conflict of interest.” Phillips said it depends. “It can be, it isn’t always” a conflict of interest, Phillips said. (AP)
Panish asked the "Chinese Wall" comment Phillips made on the stand if it meant he was mediating conflicts. Phillips said it was ethical wall. "I didn't do Travis', but I was involved in material terms of Kenny's deal," Phillips said. (ABC7)

The questions related to Tohme’s $100k per month agreement with AEG Live, which Jackson also signed. Phillips said he felt there was an ethical wall in place between AEG Live and Tohme when that deal was made. Important to note, the payment required Tohme to assist in getting cancellation insurance for “This Is It” by a certain time. The deadline passed, so AEG Live never paid Tohme Tohme the $100k a month. (AP)

Panish: Was there an ethical wall between AEG Live and Dr. Tohme?
Phillips: I felt that it was (ABC7)

Panish questioned whether the ethical wall in the Tohme deal was memorialized in writing. Phillips said that’s not the way it works.
“It’s about behavior. It’s not a real wall,” Phillips told Panish about the concept of an ethical wall. There was lots of back and forth on the ethical wall issue, Phillips maintained it was a code of behavior, not something that’s written down (AP)

Panish asked if Phillips had the "ethical wall" in writing. "I don't know those things are in writing, it's figure of speech," Phillips said. The exec said the ethical wall is not set up. "It's about behavior, it's not a real wall, it's about behavior," Phillips explained. (ABC7)

Panish: You don't know how to set up one?
Phillips: I've never seen one (ethical wall) set up formally (ABC7)

"To me it's how you behave, you behave ethically with each other" Phillips described saying the ethical wall existed between AEG Live and MJ (ABC7)

Panish: How do AEG employees know about ethical wall?
Phillips: Frankly, I believe interests merge after deal is struck between 2 parties. (ABC7)

Phillips explained that ethical wall is not something that's build, tangible, or in a document, but it's about the behavior of the parties. (ABC7)

Panish: Did you tell Mr. Gongaware there was an ethical wall?
Phillips: It's not something you discuss, it's how you behave (ABC7)

Panish asked about potential conflict of interest w/ AEG and Dr Tohme. "MJ directed us to do that agreement and he signed it," Phillips said. Panish asked if there was doc saying there's a potential conflict of interest with AEG Live hiring Dr. Tohme to be MJ's personal manager. "Mr. Panish, it's the artist who directed us, I didn't know who Dr. Tohme was," Phillips responded. (ABC7)

Panish: Did you advise in writing potential conflict of interest?
Phillips: No
Panish: Did the artist sign a release of potential conflict of interest?
Phillips: The artist may have created the conflict, so no (ABC7)

Phillips also repeated that Jackson requested the Tohme agreement. “The artist may have created the conflict, too,” he said.(AP)

Panish asked Phillips about many the artists he’s mentioned working with, including George Strait, Bon Jovi,Britney Spears. Panish: “How many of those artists had personal managers that had a contract directly with AEG Live.” Phillips: “Probably none of them.” Panish then asked how many of the artists Phillips mentioned had doctors hired by AEG Live for them. “None,” the executive replied. (AP)

Panish then asked Phillips about his assertion that Jackson changed managers like some people change socks. The lawyer asked how many times Phillips changed his socks during the day. 2 to 3 times, he replied, if he went for a workout. (AP) About 'changing the socks' comment, Panish asked Phillips how many times a day he changes his socks. He said 2-3. Panish asked Phillips how many managers MJ had from 2007 until his death. "Dr. Tohme initiated the deal," Phillips said, then Frank DiLeo, a period of time Arpac Hussain, then, subject to dispute, Leonard Rowe. Panish asked if DiLeo and Tohme were the main managers. Phillips agreed but said that wasn't what Panish asked him. Phillips added Raymone Bain and Peter Lopez as MJ's managers. "Lopez did a Pepsi deal for MJ as his manager," Phillips explained. (ABC7) He then listed four people who were designated as Jackson managers during the “This Is It” period. (AP)

"I don't know who our attorneys sent the contract to, so I can't say," Phillips said about emailing Dr. Murray's contract. (ABC7) Panish asked how many of the managers Phillips sent Conrad Murray’s contract to. More back-and-forth on that issue, without a clear answer. (AP)

As to creating AEG Live: "I absolutely did, I invented the company based on business plan I created and I also named it," Phillips testified. (ABC7)

Panish: You said whomever MJ had as his own manager was his own business, correct?
Phillips: Correct (ABC7)

Phillips explained when he received email from Kathy Jorrie questioning Dr. Tohme he forwarded it to Peter Lopez, MJ's attorney at the time. (ABC7)

There was some more discussion of Murray and Phillips’ assertion that he thought he was successful because he asked for $5 million. Panish asked if it seemed odd that Murray agreed to take the job for less -- a $150k a month fee. “That wasn’t unreasonable because that’s what doctors make,” Phillips responded. He said he had a general idea of what doctors earn. (AP)

Panish inquired about the fact that Phillips thought Dr. Murray asking for $5 million as payment automatically made him a good doctor.
Panish: If he wanted $10 million, he would be more successful?
Phillips: Absolutely true
Panish: For $20 million the most successful doctor around?
Phillips: Correct
"I wasn't alarmed by the number because it was Michael's doctor and Michael was paying for it," Phillips explained. (ABC7)

Phillips said John Branca had been hired by MJ on June 18th, two days prior to the 20th meeting. Panish: Did you ever tell Branca you brought the doctor to the fold? Phillips: I think there was some logical communication, otherwise they would've been hanging. Regarding the email John Branca asked if MJ's problem was related to substance abuse, Phillips said he didn't know one way or the other. (ABC7)

AEG recross

Panish concluded his questioning. Putnam was back at it. Phillips joked: Your honor, is this really over after this? Courtroom laughed. (ABC7)

Phillips reiterated that AEG never paid Dr. Tohme because some conditions of his contract were not fulfilled. (ABC7)

Putnam: Did Dr. Tohme have anything to do with Dr. Murray?
Phillips: None whatsoever that I know of (ABC7)

Putnam: Are you aware of any articles were you are quoting saying we hire him (Dr. Murray)?
Phillips: No (ABC7)

Regarding the video shown yesterday of Mr. Jackson's spinning, Phillips testified it was production rehearsal, not even full dance rehearsal. Phillips said MJ did 360s spins, and he was 50 years old. The other video shown to the jury yesterday was MJ performing in the early 80s. (ABC7) Defense lawyer Marvin Putnam took over and asked a few questions. Some of the main ones related to Jackson’s 360 spins. Putnam asked Phillips when the two vids Panish showed him were shot. Phillips said one was ‘01 and other one looked like it was from the 80s. Putnam asked Phillips how old Jackson was when he died. The singer was 50, and was only doing a rehearsal in ‘09, Phillips said. (AP)

Jackson redirect

Then it was Panish's turn again.

Phillips: You are back?
Panish: Just a couple of questions
Phillips: I'm gonna miss you
Everyone laughed (ABC7)

Phillips said MJ didn't do multiple 360s spins that he remembers, but he didn't know if the choreography called for it. Phillips said he's not a choreographer. "I'm flat footed, there's a reason I'm in this side of the business." Phillips said if he tried a 360 spin he'd be on the jury's lap. "I know what a 360 is, you don't need to be a choreographer to know that," Phillips explained. (ABC7)

Panish got another few questions and asked again about the 360 spins. He questioned Phillips’ knowledge of choreography. “I’m flat footed,” Phillips replied. “There’s a reason I’m on this side of the business.” Continuing the self-deprecation, he added he couldn’t do a 360 spin. “If I tried, I’d be in the jury’s lap.” (AP)

Panish: Who's more competent to judge choreography you or Hougdahl?
Phillips: Could be me since he hadn't worked in pop production before (ABC7)

Phillips was finally excused, subject to recall.

[Lena]

Phillips-Aussage wurde übrigens gestern abgeschlossen. Am Montag wollen die Jackson-Anwälte darlegen wie viel Zeit sie noch brauchen für die Darlegung ihres Falles. ABC ist nicht bekannt wer der nächste Zeuge sein wird.


ABC7 Court News @ABC7Courts

As promised, response from Jackson's attorney Kevin Boyle regarding MJ's brothers: Response from Kevin Boyle. Also long:
Wie versprochen eine Antwort von Jacksons Anwalt Boyle bzgl. MJs Brüder:

"Mrs Jackson fully supports her children performing wherever they wish to perform, even though many of the world's venues are owned by AEG. Mrs. Jackson is involved in lawsuit where evidence shows that AEG made a mistake in hiring, supervising an unfit doctor for her son. There is no reason the Jackson family needs to ban AEG venues because of AEG's prior mistake, and so the family has not done so. Despite that Jacksons have acted civilly toward AEG in this litigation, AEG has chosen to attack Mrs. Jackson for bringing this suit. AEG has threatened in open Court to bring out "ugly stuff" about Michael. It is unfortunate that AEG cannot act civilly toward Mrs. Jackson and Michael, as other corporations across the country who commit negligence act toward their victims. There is no reason for AEG to go after victims of AEG's mistake. The Jacksons are willing to continue to take high road, even if AEG isn't"


"Frau Jackson unterstützt ihre Kinder wo immer sie performen möchten auch wenn viele der weltweiten Veranstaltungsorte AEG gehören . Mrs. Jackson ist involviert in einem Gerichtsverfahren wo Beweise zeigen , dass AEG einen Fehler gemacht bei der Einstellung, Überwachung eines Arztes der ungeeignet war für ihren Sohn. Es gibt keinen Grund das die Jackson Familie AEG -Veranstaltungsorte wegen vorheriger Fehler von AEG meidet und so hat es die Familie nicht getan. Obwohl die Jacksons zivilrechtlich gegen AEG in diesem Rechtsstreit gehandelt haben, hat AEG entschieden, Mrs. Jackson anzugreifen weil sie diesen Fall bringt. AEG hat in öffentlicher Sitzung gedroht sie bringen "ugly stuff" über Michael. Es ist bedauerlich, dass AEG nicht zivil gegenüber Mrs. Jackson und Michael vorgeht wie andere Unternehmen im ganzen Land, die eine Tat der Fahrlässigkeit gegenüber ihren Opfern begehen. Es ist kein Grund das AEG gegen Opfer geht, wenn AEG Fehler gemacht hat. Die Jacksons sind bereit, weiterhin die hohe zu Straße nehmen, auch wenn AEG es nicht tut "

[geli2709]

Days before death, executive asked: Does Michael Jackson need a straitjacket?

By Alan Duke, CNN
updated 1:13 PM EDT, Thu June 13, 2013


STORY HIGHLIGHTS

* "He is having a mental breakdown," AEG Live CEO Tim Leiweke wrote
* CFO: "Is it 'pre-show nerves' bad or 'get a straight jacket/call our insurance carrier' bad?"
* At his deposition, Leiweke said he didn't know if "breakdown" referred to Jackson
* Jackson's mother and children are suing the concert promoter for liability in his death

VIDEO IM LINK

Los Angeles (CNN) -- A top executive at AEG Live's parent company asked days before Michael Jackson's death if the singer was having big problems -- enough to warrant a straitjacket, according to testimony from Jackson's wrongful death trial.

CNN obtained the video testimony played for jurors this week at the trial, which is in its seventh week in Los Angeles.

"Trouble with MJ. Big trouble," AEG CEO Tim Leiweke wrote to AEG Chief Financial Officer Dan Beckerman on the night of June 20, 2009. "He is having a mental breakdown."

Beckerman, who became AEG's CEO after Leiweke left this year, replied: "I figured something might be wrong given how jittery Randy has been this week. Is it 'pre-show nerves' bad or 'get a straight jacket/call our insurance carrier' bad?"

The reply was referring to AEG Live CEO Randy Phillips.

On June 25, Jackson died from what a coroner ruled was an overdose of the surgical anesthetic propofol administered by Dr. Conrad Murray. Two weeks after that, Jackson's "This Is It" comeback tour, produced and promoted by AEG Live, had been set to launch in London.

Jackson's mother and three children are suing AEG Live, the concert promotion branch of AEG, arguing the company is liable for his death because it negligently hired, retained or supervised Murray. They say executives pressured Jackson to attend rehearsals despite his deteriorating health and ignored red flags that should have warned them about the dangers posed by Murray.

AEG Live lawyers say that it was Jackson who chose and controlled Murray and that company executives had no way of knowing he was giving Jackson nightly infusions of propofol to treat his insomnia.

The Leiweke-Beckerman e-mail exchange followed an "intervention" that Phillips held at Jackson's home to find out what was wrong with the singer, according to testimony.

Leiweke forwarded to Beckerman an e-mail chain between Phillips, show director Kenny Ortega and others involved in the production.

Production manager John "Bugzee" Houghdahl started the exchange about Jackson, which he titled "trouble at the Front."

"I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now," Houghdahl wrote about Jackson.

AEG's lawyer showed jurors a clip Thursday of Jackson performing several 360-degree spins while rehearsing his song "Billie Jean." It was not clear what day it was recorded.

Ortega had sent Jackson home from a rehearsal the night of June 19, 2009 because of his strange behavior.

"He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet -- get hurt," Houghdahl wrote. "The company is rehearsing right now, but the DOUBT is pervasive."

Jackson lawyer Kevin Boyle asked Leiweke during his deposition why he wrote to Beckerman that there was "big trouble" with Michael Jackson.

"We were aware that he had missed several rehearsals," Leiweke said.

He said he couldn't remember if he was referring to Jackson or Phillips when he wrote to Beckerman that "He is having a mental breakdown."

In a video of his deposition played for jurors, Beckerman said: "I was just trying to understand: Is it stage fright and the show will go on, or is it, 'I can't go through this; I'm not going to step on stage'?"

Jackson stepped on stage just two more times in his life after that day. His rehearsals at the Staples Center on June 23 and 24 were filmed and became the basis for the "This Is It" documentary of his last months.

http://www.cnn.com/2013/06/13/showbiz/jackson-death-trial/?hpt=en_c2

[Lena]

ABC7 Court News @ABC7Courts1h
Phillips said he didn't see MJ in the hospital, only saw the gurney he was on behind the curtains in the emergency room.
Phillips sagte, er sah MJ nicht im Krankenhaus, er sah nur die Bahre hinter den Kulissen in der Notaufnahme.


ABC7 Court News @ABC7Courts1h
"After MJ passed away, I think Dr. Tohme was standing next to me," Phillips recalled.
"Nach MJ verstarb, denke ich das Dr. Tohme neben mir war" sagt Phillips
ABC7 Court News @ABC7Courts1h
Putnam: Did you talk to Dr. Murray? Phillips: Yes, he was hysterical, he was crying, I tried to calm him down, but there was no conversation
Putnam: Haben Sie mit Dr. Murray geredet? Phillips: Ja, er war hysterisch, er weinte, ich versuchte ihn zu beruhigen, aber es gab kein Gespräch

ABC7 Court News @ABC7Courts1h
"I was in the hallway with Frank DiLeo and the head nurse came out," Phillips described.

"Ich war auf dem Flur mit Frank DiLeo und die Oberschwester kam heraus," sagt Phillips"
ABC7 Court News @ABC7Courts1h
"Nurse said ' I'm sorry to tell you Mr. Jackson's passed away,'" an emotional Phillips recalled.
Schwester sagte:" Es tut mir leid, Ihnen zu sagen Mr. Jackson ist gestorben, "" sagt ein emotionaler Phillips

ABC7 Court News @ABC7Courts1h
"Frank collapsed," Phillips said, holding back tears. "I had to grab him. We were devastated."
"Frank brach zusammen, hielt seine Tränen zurück." Ich nusste ihn halten. Wir waren verzweifelt."

ABC7 Court News @ABC7Courts1h
"Being an artist means you have to reinvent yourself all the time," Phillips explained. "You can't give up on people, that's not our job."
"Als Künstler bedeutet es, dass Du Dich sich selbst neu erfindest die ganze Zeit", erklärt Phillips. "Man kann nicht aufgeben, das ist nicht unsere Aufgabe."

ABC7 Court News @ABC7Courts1h
Phillips said when they make a deal with an artist, they are not part of their inner circle, they don't control what they do after rehearsal
Phillips sagte, wenn sie einen Deal machen mit einem Künstler, sie sind nicht Teil ihrers inneren Kreis, sie kontrollieren nicht, was sie nach der Probe tun


ABC7 Court News @ABC7Courts1h
Phillips said he knew Dr. Arnold Klein was a famous dermatologist, he had gone to him many years ago.
Phillips sagte, er wisse Dr. Arnold Klein war ein berühmter Hautarzt, er ging zu ihm vor vielen Jahren
ABC7 Court News @ABC7Courts1h
Phillips: I had a concern the way Michael seemed that day (when he came back from Dr. Klein), but never saw him like that again.
Phillips: Ich hatte eine Besorgnis an dem Tag wo er von Dr. Klein kam, aber ich sah ihn so nie wieder .

ABC7 Court News @ABC7Courts1h
"He had cosmetic work and had vitiligo," Phillips said. It seemed normal for MJ to go to a dermatologist prior to touring.
"Er hatte kosmetische Arbeiten und er hatte Vitiligo", sagte Phillips. Es schien normal für MJ zu einem Dermatologen vor der Tour zu gehen.
ABC7 Court News @ABC7Courts1h
"I didn't know what Propofol was at the time," Phillips explained.
"Ich wusste nicht, was Propofol zu der Zeit war", erklärt Phillips.
ABC7 Court News @ABC7Courts1h
Phillips said he asked Dr. Murray whether he knew MJ was seeing Dr. Klein for some type of treatment. Dr. Murray responded he was aware.
Phillips sagte,er fragte Dr. Murray, ob er wusste, dass MJ Dr. Klein für irgendeine Art von Behandlung sah. Dr. Murray reagierte es sei ihm bekannt.
ABC7 Court News @ABC7Courts1h
As to email Phillips wrote that Dr Klein was shooting MJ up, Phillips said MJ's manager asked for a million dollar advance to pay MJ's bills
Zum E-Mail das Phillips schrieb, dass Dr. Klein MJ mit etwas abschießt sagte Phillips das MJs Mangager für 1 Million Vorschuss frage um MJS Rechnungen zu begleichen
ABC7 Court News @ABC7Courts1h
One of the bills, Phillips said, was from Dr. Klein for $48,000 for restyling, Botox and dozens of things that said IM, IM, IM.
Einer der Rechnungen war von Klein 48000 Dollar für Botox und tausende von Sachen die sagten IM,IM,IM,
ABC7 Court News @ABC7Courts1h
Phillip said he didn't know what IM meant, but MJ's manager said it was intramuscular, meaning injections.
Phillip sagte, er wisse nicht, was IM bedeutet aber MJ Manager (Kane) sagte, es seien intramuskuläre Injektionen.

ABC7 Court News @ABC7Courts1h
All Phillips knew about Propofol was when he was administered it during a colonoscopy. He learned from media MJ died of Propofol overdose.

Alles was Phillips über Propofol wusste, war, als er eswährend einer Koloskopie verabreicht bekam. Er erfuhrvon Medien das MJ an Propofol -Überdosis starb

ABC7 Court News @ABC7Courts1h
Putnam: AEG Live make a fortune after MJ's death? Phillips: No No more questions from AEG attorney.
Putnam: Machte AEG Live-ein Vermögen nach dem Tod von MJ? Phillips: Nein Keine Fragen mehr von AEG Anwalt.



ABC7 Court News @ABC7Courts57m
Panish asked Phillips if the exec used derogatory terms to refer to Mrs. Jackson, like the B word. He said no.
Panisch ob Phillips , in der Polo Lounge zwischen Randy Phillips und Dr. Tohme abwertende Bezeichungen benutzte bzgl. Mrs. Jackson

ABC7 Court News @ABC7Courts57m
Panish referred back to the meeting at the Polo Lounge between Randy Phillips and Dr. Tohme.
Panisch bezíeht sich auf die Sitzung in der Polo Lounge zwischen Randy Phillips und Dr. Tohme.

ABC7 Court News @ABC7Courts57m
Phillips and Panish argued about the fact that Phillips said Panish was following him around with photographers.
Phillips und Panish stritten über die Tatsache, dass Phillips sagte Panish folgte ihm mit Fotografen
ABC7 Court News @ABC7Courts57m
Phillips said it was Panish who told him that, and Panish replied he never said it.

Phillips sagte, es sei Panish, der ihm dies sagte und Panish antwortete er hat es nie gesagt.

ABC7 Court News @ABC7Courts57m
Panish: Did you point to me and accused me of following you at the Polo Lounge? Phillips: Yes, I speculated, yes, yes
Panish: Zeigen Sie auf mich und beschuldigten Sie mich Ihnen in der Polo Lounge Phillips: Ja, ich spekulierte, ja, jagefolgt zu sein?


ABC7 Court News @ABC7Courts56m
Panish: You will say anything, won't you? Phillips: That's outrageous!
Panisch: Sie würden alles sagen, nicht wahr? Phillips: Das ist unerhört!

ABC7 Court News @ABC7Courts56m
Panish asked if Phillips thought he was still following him. He responded he didn't know, he's not sure what Panish is capable of.
Panish gefragt, ob Phillips immer noch denkt er sei ihm gefolgt. Er antwortete er sei nicht sicher zu was Panish fähig ist

ABC7 Court News @ABC7Courts56m
Judge adjourned the session for the day. Trial resumes tomorrow at 9:00 am PT with Phillips back on the stand for more re-cross.
Morgen geht es weiter mit dem RE-Cross

ABC7 Court News @ABC7Courts53m
AEG attorney responded to our inquire about Jackson's brothers working with AEG. It's a long statement with their explanation.
AEG Anwalt reagierte auf unsere Anfrage zum Thema Jacksons Brüder arbeiten mit AEG. Es ist eine lange Erklärung mit ihrer Aussage.


ABC7 Court News @ABC7Courts52m
Statement:
Für mindestens zum dritten Mal seit Michael Jacksons Tod und die Einreichung von Katherine Jacksons Klage gegen AEG Live, haben Michael Jacksons Brüder, die Jacksons sich entschieden, noch einmal mit AEG Live zusammenzuarbeiten. Eine Veranstaltung im vergangenen Jahr, musste leider aufgrund geringer Ticketverkäufe abgesagt werden. Zuletzt kamen sie überein als Teil des BET Experience in LA teilzunehmen das noch in diesem Monat stattfindet. . In der Tat haben sie gerade in der vergangenen Woche angefordert, dass AEG Live-ihnen eine VIP-Suite während des BET Experiences bietet . AEG Live hat auch mit Janet Jackson zusammengearbeitet, 4 mal seit MJs Tod und der Einreichung der Klage ihrer Mutter.

ABC7 Court News @ABC7Courts45m
Jackson's attorney said the artists have no choice, they are just using AEG's venue and are working with BET
Jacksons Anwalt sagte, die Künstler haben keine Wahl, sie nutzen nur die AEG Orte und arbeiten mit BET

[Lena]

ABC7 Court News @ABC7Courts1h
"That referred what in my mind is the process we go through when we do business with third party vendors," Phillips explained.
"Das bezeichnet das was in meinem Kopf ist, der Prozess, den wir durchlaufen, wenn wir Geschäfte mit Drittanbietern machen", erklärte Phillips.


ABC7 Court News @ABC7Courts1h
Phillips said at that point he had sufficient information to believe what he wrote was true.
Phillips sagte zu diesem Zeitpunkt hatte er genügend Informationen zu glauben, das was er schrieb wahr war.
ABC7 Court News @ABC7Courts1h
Phillips said he wouldn't even think of checking a doctor's finance to determine whether he's fit to practice medicine.
Phillips sagte, er würde nicht daran denken eine Kontrolle der Finanzen von einem Arzt vorzunehmen, um zu bestimmen, ob er fit ist, um Medizin zu praktizieren.

ABC7 Court News @ABC7Courts1h
Phillips: Never occurred to me if a doctor was a good business man or not, a doctor could not perform his functions because he's in debt
Phillips: Nie kam mir in den Sinn zu überpürfen ob ein Arzt ein guter Business-Mann war oder nicht oder das ein Arzt nicht seine Funktion ausfüllen kann weil er Schulden hat
ABC7 Court News @ABC7Courts1h
Phillips said by knowing Dr. Murray was in debt, he could've said to MJ to pay less for the services since the doctor needed the job.
Phillips sagte wenn er gewusst hätte Dr. Murray war in Schulden, könnte er MJ gesagt haben, weniger für die Dienste zu zahlen, da der Arzt den Job. braucht


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Putnam: Were you in any position to tell MJ what he needed to prepare for the shows? Phillips: No
Putnam: Waren Sie in einer Position MJ zu sagen, was er für die Showvorzubereitung benötigte? Phillips: Nein

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Phillips said that if they stopped the show at that point, he is not sure MJ could ever resume his career.
Phillips sagte, dass, wenn sie die Show an diesem Punkt gestoppt hätten, er nicht sicher wäre, dass MJ jemals wieder seine Karriere fortsetzen hätte könnenABC7 Court News @ABC7Courts1h
Phillips explained he wanted Ortega to be open minded about what was going on with MJ and the exec didn't want him to quit.
Phillips erklärte, er wolle Ortega mit offenem Geist um herauszufinden was los war mit MJ und er wollte nicht das Ortega kündigte.

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"I think he's one of the most creative, artist-oriented director and I understand Why MJ loved him show much," Phillips said about Ortega.
"Ich denke, er ist einer der kreativsten, Künstler-orientierten Regisseur und ich verstehe, warum MJ seine Show so sehr liebte", sagte Phillips über Ortega.

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Phillips: Michael looked great, the doctor was reassuring, Kenny interacted with MJ, Kenny was was on board and Michael seemed to be fine.

Phillips: Michael sah toll aus, der Arzt war beruhigend, Kenny sprach mit MJ, Kenny an Bord war und Michael schien in Ordnung zu sein.



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"All I thought at this point was that he (Dr. Murray) and a Michael had a fabulous relationship," Phillips said.
"Alles, was ich an diesem Punkt dachte, war, dass er (Dr. Murray) und eine Michael eine fabelhafte Beziehung hatten", sagte Phillips.


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Phillips said he thought the emails Ortega sent were a little judgmental, since they had not had the meeting to find out what was going on.
Phillips sagte, dass er dachte, dass die E-Mails, die Ortega gesendet wurden ein wenig wertend waren, da sie kein Treffen hatten um herauszufinden, was los war.


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Phillips explained he also had great relationship with MJ and Ortega thought if the exec was around they could resolve any issues that arose
Phillips erklärte, er hatte auch großartige Beziehung mit MJ und Ortega und Ortega dachte, wenn der Esxec da ist könnten alle Probleme, die entstanden sind behoben werden

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"Michael and Kenny agreed to resume rehearsals on June 23," Phillips said. Phillips said he watched the rehearsals on 23 and 24.
"Michael und Kenny vereinbart die Proben am 23. Juni und 24. Juni wieder aufzunehmen", sagte Phillips. Phillips sagte, er beobachtete die Proben am 23. und 24..
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"How do you describe the best entertainer in the world? I had goose bumps, it was fantastic!" Phillips described the rehearsals.
"Wie beschreiben Sie den besten Entertainer der Welt? Ich hatte Gänsehaut, er war fantastisch!" beschrieb Phillips die Proben.

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Phillips said the three execs looked like three babies, with goose bumps. "It was phenomenal!"
Phillips sagte, die drei execs sahen aus wie drei Babys, mit Gänsehaut. "Es war phänomenal!"
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"I thought he did an incredible job," Phillips described, saying there was no reason to be concerned anymore with the Trouble at the front.
"Ich dachte er machte eine fabelhaften Job" beschrieb Phillips, sagte es gab keinen Grund weiterhin besorgt zu sein, keine Schwierigkeiten an der Front mehr.
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Phillips spoke with MJ on 24th, asked how he was. Putnam: Did he lose his ability to do 360s? Phillips: Considered he did multiple 360s, no
Phillips sprach mit MJ am 24., gefragt, wie er war. Putnam: Hat er seine Fähigkeit verloren 360Spins zu machen? Phillips: Nein, er machte mehrere 360er

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He, Kenny and Travis had a communal hug, went back to dressing room to get ready to leave, Phillips said.
Er, Kenny und Travis machten eine Gemeinschafts- Umarmung hatte, gingen zurück zur Umkleidekabine, bereit zu gehen, sagte Phillips.


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"Frank DiLeo and I were standing outside the dressing room waiting for MJ," Phillips recalled.
"Frank DiLeo und ich waren außerhalb der Umkleidekabine warteten auf MJ ," Phillips zurückgerufen.


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"You've gotten me this far, I can take it from here. I got this," MJ told Phillips. "It felt like a million dollars," Phillips explained.
"Du hast mich so weit gebracht, jetzt kann ich es übernehmen. sagte MJ zu Phillips", . "Es fühlte sich an wie eine Million Dollar", erklärte Phillips.


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"I was totally shocked," Phillips said about MJ's passing hours later. Phillips last spoke with MJ around midnight.
"Ich war total schockiert", sagte Phillips darüber das MJ wenige Stunden später starb. Phillips sprach zuletzt mit MJ um Mitternacht.


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"Ortega was elated with rehearsal, it was his work and MJ's work coming alive on stage" Phillips testified. "He knew we were over the hump."
"Ortega war von der Generalprobe begeistert, es war seine Arbeit und MJs Arbeit lebendig werdend auf der Bühne" sagt Phillips. "Er wusste, dass wir über den Berg sind."