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

[rip.michael]

Jacksons vs AEG - Day 17 – May 23 2013 – Summary

Katherine Jackson and Rebbie Jackson are in court. Katherine becomes emotional when Panish asks about Michael being pressured, leaves court during lunch and does not come back for the afternoon session.

Shawn Trell Testimony

*source info: all of the below information comes from ABC7 twitter account. As it's one single source I did not repeat ABC7 after every paragraph


Jackson redirect

Trell said when he met Michael Jackson in January of 2009, the singer didn't appear to be in pain.

"I approximate the number of tours I've been involved in to be about 100," Trell testified. Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ). "We promoted and produced Prince's 88 tour," Trell said. Panish: Is that a yes, one time you did promote/produce a tour? Trell: Yes Panish said Prince's tour did not go well. "I wouldn't agree with that statement," Trell said. "I've never spoken to Prince, ever.

Trell said AEG never hired physicians for tours before.

Trell said he didn't know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray's contract. AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.

"I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour," Trell explained. "We weren't aware of a conflict of interest," Trell said. Panish: You, AEG Live, could've said you should hire your own doctor with your own money, right? Trell: Yes

Panish: Do you believe a threat to lose $150,000 month could exert pressure on anyone? Trell: I don't know that

As to Dr. Murray's contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ. "I believe there were three or four drafts," Trell explained. Panish: Did Dr. Murray sign and fax back the contracts? Trell: Yes, he did.

As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them. Panish: How many shows were in the tour? Trell: In the tour agreement, 31. Panish: But you sold tickets for 50 shows? Trell: The agreement contemplated in excess of 31, based on artist's approval. Trell said he didn't have written approval from MJ for 50 shows. "But you wanted to get fully executed contracts right sir?" Panish inquired


Trell said he never reviewed any of the drafts of Dr. Murray's contract because Jorrie was handling the negotiation. Trell explained that before AEG were to sign the final version, though, he would've reviewed everything to make sure there were no mistakes.


Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone. "I'm aware he had spoken with him, but didn't know the length of the calls," Trell said.Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one. Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation Panish: About their physical conditions? Trell: I don't know that. I think it would depend on the nature and substance of the conversation. If they are talking about generalities, Trell said he doesn't think there's need for an authorization that Panish was talking about. Panish: Are you familiar with HIPPA? Trell: I'm generally familiar with it, but don't know what the acronym means. Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient's condition, sir? Trell: Yes

Panish: Do you know if Mr. Phillips ever threat Dr. Murray? Trell: No, I don't know that.


Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray's salary and what's expected of him. Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient? Trell: I don't know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.


As to independent contractors, Trell said the indemnity provision is always included in the agreements. Panish: That's because it's your job to protect the financial interested of the company, rights? Trell: It's part of my responsibility, yes

Panish: Isn't it important to put everything in writing, sir? Trell: Not necessarily, I don't think you can put everything in writing

Trell said he doesn't expect the CEO of a company to know everything within the company, as Phillips wrote that they 'checked everyone out'.

Trell said the people whom AEG contracted are either known to them, to the artist or in the business.

Trell said AEG had a management agreement with Dr. Tohme, a management agreement. "It was an agreement between us and Tohme regarding the service he would render on the tour," Trell said. "It was a fee for whatever services MJ wanted him to perform according to the agreement," Trell explained. Panish asked if Dr. Tohme was an employee of AEG. Trell: He was not an employee. Panish: Is he an independent contractor? Trell: He's a party to an agreement. Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors. "It's hard for me to describe, he was not an employee, and not independent contractor either," Trell.


Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme. Jorrie questioned if he was the "real McCoy", meaning the real deal, and recommended a background check to be performed. Did you perform background check on Dr. Tohme? Trell: No Trell said there was no reason to believe Dr. Tohme wasn't telling the truth when he said he represented Michael Jackson. Trell said he saw Dr. Tohme call MJ numerous times about the tour. Trell: I don't know what she meant with the reference to "real McCoy"

Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker): Kenny Ortega has responsibility only for the show content and structure Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule. Looks like there might have been an issue in KO either not being demanding enough.


"Timm Wooley's statement is inaccurate, in my opinion," Trell said, but agreed he never spoke with Wooley about it, never saw it before. "Meaning MJ showed up whenever MJ wanted to," Trell opined.

"I testified that I was inquiring of ways that might be available to breach the gap," Trell said about looking for additional insurance.

Trell doesn't know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets. Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.

Panish asked Trell if he knew Randy Phillips threatened to take away Michael's house if he didn't perform. Defendant's attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.

Trell said he didn't know how much MJ's assets were worth. He agreed they were underinsured for the tour.

Email from Ortega to Phillips on 6/20/09 at 2a: My concern is now that we have brought the doctor in the fold and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.


Panish: Was MJ pressured psychological and needed to be checked? Trell: I don't know that. This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away. "I don't know why Kenny was referencing that, I don't know about mention of ending the tour," Trell said. Panish: Was Mr. Jackson feeling pressured? Trell: The email says he was frightened, it doesn't say he was feeling pressured. "I have no idea what he felt," Trell said. Panish: No one ever pressured him, right? Trell: That's my impression.

Trell said he doesn't think AEG was under pressure to lose $34 million. "It was Michael Jackson's obligation to us." Panish: Were you concerned? Trell: There's always a concern Panish: Have you ever lost $34 million before? Trell: No The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist's approval.

Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract. "There are employees that are hired by AEG who don't have contracts; they are at will employees," Trell explained. Panish asked Trell about several people who worked for AEG but didn't have fully executed contracts. Panish: You told us every person who got paid had fully executed contract, right? Trell: That's my impressionPanish said he wants to show all the unexecuted contracts as June 25, 2009. Michael Bearden, Alfred Dunbar, Orianthis Panagaris

Email said: "Contract still under negotiation. Timm gave verbal Termination notice" Panish: Did everyone who were paid for TII tour without fully executed contracts? Trell: I don't recall

Email on 6/19/09 from John Hougdahl to Randy Phillips: My laymen's degree tells me he needs a shrink to get him mentally prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available) I have watched him deteriorated 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 it now."
John Houghdahl was the stage manager of "This Is It" tour.

Trell said Phillips never told him about this email. "This email is an indication from Houghdahl to Phillips that he feels that way."


Panish: Were you trying to stall Dr. Murray in getting a contract? Trell: Me? Panish: You and AEG Trell: Not to my knowledge

Email on 5/26/09 from Timm Wooley to Brigitte Segal: Brigitte, Any joy with an agreement for Murray to sign. He's pinging on us for payment but we can't without a contract in place. Would like to stall him with something for him to look at & mull over. Brigitte dealt with the housing in London.

"No, we did not have sickness insurance coverage that day," Trell said. "The insurance would be one way MJ's company would repay us," Trell explained. Panish said there's a lawsuit pending regarding the insurance. AEG is no longer a party in the insurance last, Panish said. Trell: We were dismissed from the case because we don't have a financial interest.

Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows? Trell: Yes, we have the verbal approval
Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million? Trell: No

On April 14, 2009, Michael Jackson wrote a "Notice of Revocation of a Power of Attorney" that Tohme was no longer representing him. As of May 5, 2009, Trell was made aware of MJ's request regarding Dr. Tohme, Panish said.

"We would not pay on an agreement until there was a fully executed agreement," Trell said. Tohme signed a letter on 6/28/09 on behalf of MJ's company approving the expenses of $34 million to go to Jackson's estate.

Panish: Do you deny telling Mr. Taylor before MJ died that AEG employed Dr. Murray at the request of MJ? Trell: I don't recall


AEG recross


Jessica Bina did re-cross of Trell, who said Dr. Murray's agreement required medical licenses both here in the US and in the UK. He also needed proof of insurance, Trell said. If Dr. Murray didn't provide them, there were grounds for termination of services. Bina: Did AEG Live ever provided him with medical equipments? Trell: No. Two reasons: the agreement never went into the effect. And had it come to existence, Trell said, the equipment would've been provided in London. Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary 4 the Services


Trell said Bearden's contract was eventually fully executed. It was under negotiation when MJ died. No contract needed MJ's consent and signature, except for Dr. Murray, Trell testified.

Bina: Does the fact that you are negotiating means you have a contract? Trell: No, it's just that, negotiation. Bina: Does the agreement have to be in writing to exist? Trell: Yes, of course

Bina: When did you have an agreement with MJ? Trell: As of January 28, 2009

Trell said he didn't know if MJ and Dr. Murray talked about the contract. He said he didn't know whether MJ was going to sign it.

Trell said there were dozens and dozens, North of 50 contracts done in "This Is It" tour. Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone's signature.

As to the expense report sent to the estate and approved by Dr. Tohme, Trell said Frank DiLeo also signed it.

Bina showed a document from DiLeo saying he was MJ's manager from March 2009 until his death. "For instance, MJ asked AEG Live to retain services of Dr. Murray as his personal physician," DiLeo letter said. Trell said DiLeo was acting in some management capacity for MJ.

Bina: Did anyone ever tell you MJ had not approved the costs for TII tour? Trell: No

As to Dr, Murray, Trell said he didn't feel there was a conflict of interest, the interest of all three parties involved were the same. "There were no inconsistencies in the agenda," Trell said. "Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money," Trell said.

"We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful," Trell testified. "The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it," Trell testified. Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn't take interest in his music catalogue.

Bina played deposition from Trell were he said he didn't supervise people who performed personal services, like hair and make-up artists. His job, Trell explained, was to supervise the what-you-see-on-stage.

Bina talked about Hougdahl's email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no. The email, Trell said, had to do with MJ being mentally prepared and about a trainer to get him in shape.

Trell said HIPPA law is an intent to protect a patient. He doesn't have any more knowledge about it. Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray? Trell: No, not at all

Bina: Did Mr. Jackson to your knowledge died from being too skinny? Trell: No
Bina: Did Mr. Jackson died from being sick? Trell: No
Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.
Bina: What was MJ's cause if death? Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ's bedroom.

Jackson redirect

Panish, in re-re-cross: Did you know AEG paid Frank Dileo $5 million after MJ died? Trell: No

"I don't recall me being involved in approving such payment," Trell testified. Panish showed emails regarding DiLeo's revised payment
10/13/09 from Shawn Trell to Rick Webking: Approved $5 MM bucket. $50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket. "That does not mean Frank was paid $5 million," Trell said, explaining DiLeo was paid $50,000 but he didn't know what for.

Regarding the approval of TII tour expenses: Panish: You had no signature before Mr. Jackson was dead? Trell: Correct . Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no? Trell: Yes Trell said Dr. Murray's expenses were included in the expenses DiLeo and Tohme approved.


"I'm not aware of any payments to Dr. Tohme, and only aware of $50,000 to Mr. DiLeo for something related to the movie," Trell said.

"Of course Michale Jackson was necessary for a MJ tour," Trell explained. "It's his show, it's MJ show, he's the most important person."
Trell said he doesn't recall anybody else, other than Dr. Murray, at the rate of $150,000.

Panish: Did Randy Phillips ever call your doctor to see how you're doing? Trell: No

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

Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning. There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.


Zusammenfassung von Ivy MJJC #19


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

The Jacksons vs. AEG Live – Was gab’s diese Woche sonst noch Interessantes?

26. Mai 2013

Wie sich diese Woche herausgestellt hat, hat die Jackson Familie im Januar und März diesen Jahres AEG Live angeboten, sich vor Prozessbeginn zu vergleichen. Kevin Boyle, Anwalt der Jacksons, gab keine näheren Details bekannt, sagte jedoch, dass AEGs Versicherung gezahlt hätte, “was bedeutet, sie hätten sich vergleichen können, ohne dass [AEG] auch nur einen Rappen aus der eigenen Kasse hätte bezahlen müssen”.

Boyle sagte, AEG selbst habe nie einen Vergleich angeboten und sie hätten sich auch nie bei der Familie entschuldigt. Die Antwort von Marvin Putnam, Anwalt für AEG, daraufhin war: “Wir vergleichen keine Ansprüche, die vollkommen unbegründet sind. In diesem Fall sind wir der Meinung, dass dies zutrifft.”

Ich bin ehrlich gesagt recht überrascht über diese News. Bis anhin war ich der Meinung, AEGs Strategie sei, die Jacksons zu einem Vergleich zu bringen bzw. alles dafür zu tun, damit es am Ende nicht an den Geschworenen liegt, ein Urteil zu fällen. Denn meines Erachtens werden die Geschworenen grundsätzlich schon mal auf Seiten der drei Kinder sein, die ihren allein erziehenden Vater frühzeitig verloren haben. Hinzu kommt, dass wenn man den ersten Monat im Prozess anschaut, AEG alles andere als einen guten Eindruck macht. Ich weiss nicht, ob AEG naiv, arrogant oder einfach nur dumm ist — oder eine Kombination davon — bzw. was sie noch in petto haben, um die momentane Beweislast zu ihren Ungunsten auszugleichen. Und wie sauber und sachlich diese Argumentationen dann sein werden, bleibt ebenfalls abzuwarten. Aber bleiben wir gespannt, was die nächsten Wochen noch alles ergeben werden. Experten gehen davon aus, dass der Prozess bis zu drei Monate dauern könnte. Das heisst, einen Drittel haben wir hinter uns und zwei Drittel liegen noch vor uns.

Quellen: jackson.ch, latimes.com

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

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 10. Teil

25. Mai 2013

Brian Panish, Anwalt der Jacksons, rief Shaw Trell, den Leiter der Rechtsabteilung von AEG Live, am Donnerstag nochmals in den Zeugenstand. Seine ersten drei Tage im Zeugenstand waren alles andere als glorreich für AEG Live.

Auch am vierten Tag legte Brian Panish dem Zeugen und den Geschworenen wieder einige E-Mails vor. John Houghdahl, der Production Manager für “This Is It” schrieb Randy Phillips, CEO von AEG Live, sechs Tage vor Michaels Tod, dass er bemerkt habe, wie Michael Jackson in den vergangenen acht Wochen körperlich und mental schlechter geworden war und der Performer einen Fitnesstrainer sowie einen Psychiater benötige, um ihn mental vorzubereiten. “Im April konnte er mehrfache 360 Grad Spins machen”, so Houghdahl in der E-Mail. “Wenn er dies jetzt versuchen würde, würde er auf seinem Hintern landen.” Weniger als eine Woche später schickte Ortega eine E-Mail an Phillips, in der er schrieb, dass Michael Anzeigen von Paranoia, Angst sowie zwanghaftem Verhalten zeige und er darum vorschlage, dass umgehend ein Psychiater miteinbezogen werden soll. “Es ist, also ob zwei Leute da drin sind”, so Ortega in seiner E-Mail. “Einer (tief drin) der versucht an dem festzuhalten, was er war und immer noch sein kann und der nicht will, dass wir ihn aufgeben, der andere ist in diesem geschwächten und aufgewühlten Zustand”.

Panish bezog sich auch nochmals auf die E-Mail vom 14. Juni 2009, in der AEGs Paul Gongaware an Kenny Ortega schrieb, dass sie auf ein Meeting mit Conrad Murray bestehen, “um ihn daran zu erinnern, dass AEG und nicht Michael Jackson sein Gehalt bezahlen. Wir wollen, dass er versteht, was wir von ihm erwarten”. Dies lässt AEG insofern schlecht aussehen, als deren Position in diesem Prozess ist, dass Conrad Murray von Michael Jackson angestellt wurde und sie somit nicht zur Verantwortung gezogen werden können. Trell sagte am Donnerstag zudem aus, dass die Verhandlungen betreffend Murrays Vertrag zwischen dem Arzt und AEG stattgefunden hatten und weder Michael Jackson noch seine Vertreter die jeweiligen Vertragsentwürfe gesehen hatten. Als Brian Panish Trell sagte: “Sie hätten ja sagen können, ‘Mr. Jackson, wir sind der Meinung, dass die Anstellung eines Arztes etwas Persönliches ist und sie sollten ihren eigenen Arzt mit ihrem eigenen Geld anstellen’”. Ja, das hätten sie sagen können, so Trell. Ob die Firma etwas davon abgehalten hatte, Michael zu sagen, dass er den Deal mit Murray verhandeln solle und ihm dann einen entsprechenden Vorschuss zu geben wie für die Produktionskosten oder die Miete von Michaels Unterkunft, so Panish. Nein, nichts, so Trell. Als Panish Trell dann fragte, ob er glaube, dass der Gedanke, USD 150’000 pro Monat verlieren zu können, jemandem Druck aufsetzen könnte, antwortete Trell lediglich: “Dazu kann ich nichts sagen”.

Und was hatte AEGs Anwalt Marvin Putnam zu den vergangenen vier Tagen zu sagen? “Wenn Du keinen Fall hast, dann zieh eine Show ab,” denn seiner Meinung haben die Beweise der Jackson Seite nichts mit dem Fall zu tun, sondern dienten nur dem Zweck, die Geschworenen aufzupeitschen. Na ja, wenn Sie davon überzeugt sind, Mr. Putnam. Bitte schön. Mein bisheriger Eindruck sieht da etwas anders aus.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-10-teil/
Copyright © jackson.ch

[geli2709]

Sweet controversy at Michael Jackson death trial

By Alan Duke, CNN
May 22, 2013 -- Updated 1356 GMT (2156 HKT)


STORY HIGHLIGHTS

* Jackson's lawyer objects that AEG gave peppermint candy to jurors
* Candy controversy might seem trivial, but stakes are high for AEG Live
* AEG Live's president told reporters about Dr. Murray: "We hired him"
* Jacksons accuse the promoter of negligently hiring the doctor convicted in Jackson's death

Los Angeles (CNN) -- Every issue in the Michael Jackson wrongful death trial is so disputed that even giving candy to jurors caused an argument.

AEG lawyers gave a bag of peppermint candy to the bailiff to hand out to the jury this week. Even Katherine Jackson -- the pop icon's mother -- enjoyed the treat.

But Jackson's lawyer raised an objection Tuesday afternoon, suggesting jurors might be influenced if they realized the source of the sweets.

A compromise was reached. Each side can provide snacks for jurors, but they'll be placed at the bailiff's desk before jurors enter court so they have no clue who brought it.

While the candy controversy might seem trivial, the stakes are high for AEG Live. The promoter and producer of Michael Jackson's comeback concerts could be found liable for billions of dollars in damages if the jury decides the company is responsible for the star's death.

Jackson's mother and three children are suing AEG Live for the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in Jackson's death.

The candy argument may be the most interesting thing about Tuesday's proceedings, unless you are a student of employment law and budgeting.

AEG Live Senior Vice President/General Counsel Shawn Trell was on the stand for a second day hoping to give testimony that would convince the jury that Murray was chosen, hired and supervised by Jackson -- not his company.

Murray never had an executed contract with AEG Live, although one had been negotiated. The doctor signed it and returned it to the company on June 24, 2009, but the AEG Live executive decided not to sign it after Jackson died the next day.

Jackson lawyers contend Murray was already on the job, working under an oral agreement confirmed by a series of e-mails that promised him $150,000 a month to be Jackson's full-time physician.

With Trell on the stand, Jackson lawyer Brian Panish played part of an interview that AEG Live President Randy Phillips gave to Sky News television soon after Jackson's death.

"This guy was willing to leave his practice for a very large sum of money, so we hired him," Phillips said.

Panish also showed jurors an e-mail between AEG lawyers suggesting that Phillips told other interviewers AEG Live "hired" Murray.

Jackson's manager's e-mails found, could be key in AEG trial

Trouble at the Front

The Jackson lawyers argue that AEG Live executives ignored a series of "red flags" that should have alerted them that Jackson needed help as he prepared for his comeback concerts.

Earlier testimony from Jackson's makeup artist, choreographer and an associate director described his failing health and mental condition in the last two weeks of his life.

Panish asked Trell about e-mails titled "trouble at the Front" between AEG executives and people working on the production starting on June 19, 2009 -- a night that show director Kenny Ortega sent Jackson home 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," production director John "Bugsy" Houghdahl wrote to AEG Live top execs Randy Phillips and Paul Gongaware. "The company is rehearsing right now, but the DOUBT is pervasive."
Phillips forwarded the e-mail to his boss -- Tim Leiweke -- at AEG Live's parent company, with the comment: "We have a real problem here."

Jackson had missed a number of rehearsals and the "This Is It" tour debut was just three weeks away in London.

Ortega, in an e-mail previously reported, told Phillips that same morning -- five days before Jackson died -- that he did not think he would be ready for the shows.

"I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state," he wrote. Ortega described seeing "strong signs of paranoia, anxiety and obsessive-like behavior" with Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."

Even John Branca, a former Jackson advisor and lawyer who had just been rehired, weighed in with advice in an e-mail: "I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped mike tyson get sober and paroled) ... do we know whether there this is a substance issued involved (perhaps better discussed on the phone.)"

Does Trell consider that exchange a "red flag" that AEG Live should have noticed, Panish asked.
"I would take it seriously, as I believe Mr. Phillips did," Trell answered. "I don't know I would use the word 'red flag.'"

Phillip called a meeting the next afternoon with Murray at Jackson's home.

Afterward, he sent this e-mail to Ortega:

"Kenny, it is critical that neither you, me, or anyone around this show become amateur psychologists or physicians. I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform and that discouraging him to, will hasten his decline instead of stopping it. Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ. This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical."

The Jacksons' lawyer called this e-mail "a flat out lie," since AEG Live had not done a background check on Murray before hiring him -- and if they had it would have disclosed that he was in deep debt and not a successful doctor.

"We did not do a background or credit check on Dr. Murray," Trell conceded.

No due diligence

The Jackson lawyers contend that AEG Live is liable for his death because they did not do their "due diligence" by checking Murray's background and credentials.

If they had done so, they would have realized that Murray had a major conflict of interest that made him vulnerable to break rules in his treatment if Michael Jackson, they argue.

Murray needed the high-paying job because he was more than $1 million in debt, his home was being foreclosed on, he was being sued for unpaid child support and delinquent taxes, and his cardiology clinic in Las Vegas faced eviction. His $150,000 a month job would end if Jackson's shows were canceled or delayed, according to the terms of his contract.

AEG Live failed to conduct the background check, which the company's own expert witness said would between cost between $40 and $125.

"I am not familiar with the process of doing background checks," Trell said. "No training."

Trell is back on the witness stand Wednesday for questioning by AEG Live lawyer Jessica Stebbins Bina.

The trial, which is in its fourth week in a Los Angeles courtroom, is expected to last through July.

http://edition.cnn.com/2013/05/22/showbiz/jackson-death-trial/

[geli2709]

AEG exec called Michael Jackson 'freak' before signing

By Alan Duke, CNN
May 23, 2013 -- Updated 1258 GMT (2058 HKT)

STORY HIGHLIGHTS

* Top AEG lawyers derided Michael Jackson in e-mails the day he signed concert deal
* AEG Live lawyer tells boss idea of meeting Jackson is "kind of creepy"
* Jackson's mother and children claim the concert promoter is liable in his death
* AEG Live contends Jackson, not it, chose the doctor convicted in his death

Los Angeles (CNN) -- A top AEG executive referred to Michael Jackson as "a freak" and another called him "creepy" just hours before their company signed the pop icon to a huge concert deal.

The revelation brought an audible gasp in the Los Angeles courtroom at the wrongful death trial Wednesday and left fans crying.

Jackson's mother and children are suing AEG Live for the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's death.

Katherine Jackson watched from the front row as her lawyer questioned AEG Live Senior Vice President and General Counsel Shawn Trell about an e-mail exchange with his boss at parent company AEG.

Sweet controversy at death trial

"Is it the policy of AEG to talk in derogatory terms about the artist you're going to do business with?" Jackson lawyer Brian Panish asked.

"No," Trell answered.

Panish then showed jurors an e-mail Trell sent on January 28, 2009, to Ted Fikre, AEG's chief legal officer, letting him know he was about to go to Jackson's home for the signing of the contract for his "This Is It" concert tour.

"Does that mean you get to meet the freak?" Fikre replied.

Trell responded: "Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy."

The e-mail exchange happened less than four hours before Trell and other AEG excutives visited Jackson's Los Angeles home.

AEG execs face questions about Jackson's death

"This is a man you hoped to make millions and millions of dollars from?" Panish asked Trell. "Didn't your mom ever say if you don't have anything good to to say about someone don't say anything?"

Trell earlier testified that he was excited to meet Jackson for the first time and was impressed with his "good, firm handshake."

"I may not have necessarily agreed with some of the life choice Michael Jackson made but I certainly had enormous respect for him as an entertainer."

A dry review

Most of Wednesday's session was a dry review of Jackson and Dr. Murray's contracts as AEG Live's defense team worked to convince jurors that Murray was not hired by the concert promoter.
Jackson chose, hired and supervised the doctor, they contend.

Murray signed his contract the day before Jackson's June 25, 2009, death, but AEG executives and Jackson never put their signatures on it. Jackson lawyers, however, argue he was already working for two months based on an oral contract.

The Jackson lawsuit contends that AEG Live executives ignored red flags that should have warned them Jackson was in danger from Murray's treatment.

The coroner ruled that Jackson died from an overdose of the surgical anesthetic propofol, which Murray told police he was using to treat the singer's insomnia.

http://edition.cnn.com/2013/05/23/showbiz/jackson-death-trial/?hpt=us_c2

[geli2709]

mail on 6/19/09 from John Hougdahl to Randy Phillips:

My laymen's degree tells me he needs a shrink to get him mentally
prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available) I have watched him deteriorated 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 it now."
John Houghdahl was the stage manager of "This is it" tour.


Mail vom 19.6.09 von John Houghdahl an Randy Phillips:

„Mein „Laien-Diplom“ sagt mir, dass er einen Seelenklempner braucht, um ihn mental für die Bühne vorzubereiten und dann einen Trainer um ihn körperlich in Form zu bringen... Ich habe gesehen, wie er sich vor meinen Augen über 8 Wochen verschlechterte. Er konnte im April viele 360° Drehungen machen. Würde er es jetzt versuchen, würde er auf seinen Hintern fallen.“

Houghdahl war der Stagemanager von TII

DANKE @maja 5809

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 9. Teil

24. Mai 2013

Die Befragung von Shawn Trell, dem Leiter der Rechtsabteilung von AEG Live, ging diese Woche weiter. Für den ersten Tag siehe Teil 8 vom 21. Mai. Trell hatte am ersten Tag keineswegs einen soliden Eindruck hinterlassen unter der Befragung von Jackson Anwalt Brian Panish. Auch die folgenden zwei Tage liessen AEG alles andere als gut aussehen.

Zum einen wurde aufgezeigt, dass Thome Thome, Michael Jacksons Manager vor Frank DiLeo, mit einem Salär von USD 100’000 pro Monat auf der Gehaltsliste von AEG stand. Dies sei gemäss Trell das einzige Mal gewesen, dass AEG solch eine Vereinbarung hatte, was nicht erstaunt, da Gehaltszahlungen des Konzertveranstalters an den Manager des Künstlers einen potentiellen Interessenskonflikt darstellen, weil der Manager die Interessen des Künstlers zu vertreten hat.

Es wurde ebenfalls aufgezeigt, dass AEG Live USD 30 Mio. von der Nachlassverwaltung von Michael Jackson verlangt hatte für einen Vorschuss, den sie Michael Jackson gegenüber gestützt auf den Vertrag zwischen Michael und AEG Live geleistet hatten. Um die Kosten für einen solchen Vorschuss wieder reinzuholen, sei es üblich, dass eine Versicherungspolice auf den Künstler ausgestellt würde, für den Fall dass die Konzerte ausfallen würden. Bedingung für den Abschluss einer solchen Police war ein Gesundheitscheck des Künstlers, den Michael, so wurde dies Trell ausgerichtet, einige Monate vor seinem Tod mit Bravour bestanden haben soll. Ein zweiter Gesundheitscheck war für den 6. Juli 2009 vorgesehen. (Betr. AEG Lives Verzicht gegenüber Lloyds siehe unsere Meldung vom 10.9.2012.)

Zudem sagte Trell aus, dass AEG keinen Background Check von Conrad Murray gemacht hatte. Als Panish Trell fragte, ob irgendwer bei AEG jemals Dr. Murray interviewt hatte, verneinte Trell dies. Daraufhin zeigte Panish Trell eine E-Mail von Randy Phillips, CEO von AEG Live, an Kenny Ortega, datiert vom 20. Juni 2009 als Antwort auf Kenny E-Mail, dass er darauf bestehe, umgehend einen Psychiater beizuziehen (siehe Teil 8 vom 21.5., letzter Abschnitt). Die Antwort von Randy Phillips an Kenny Ortega lautete: “Ich hatte ein langes Gespräch mit Dr. Murray, für den ich je länger je mehr einen enormen Respekt gewinne. Er sagte, Michael ist nicht nur körperlich in der Lage zu performen, aber dass wenn man ihn davon abbringen wollte, dies seine Verschlechterung nur noch beschleunigen würde… Dieser Arzt ist sehr erfolgreich (wir überprüfen jeden) und braucht diesen Job nicht; er ist also vollkommen unparteisch und verhält sich dem Berufsethos entsprechend”. Als Panish Trell dann nochmals fragte, dass diese Murray nie überprüft hatten, bestätigte Trell, dass dies korrekt sei. Und was sei dann mit der Aussage von Randy Phillips? Diese sei falsch, so Trell, und er wisse auch nicht, woher Randy Phillips Verständnis und Eindrücke stammten.

Als nächstes ging es um den Vertrag zwischen Conrad Murray und AEG Live. Mittels E-Mail vom 23. Juni 2009 hatte AEG Anwältin Kathy Jordie die Endfassung des Vertrags zur Unterzeichnung an Murray geschickt. Trell bezeugte, dass Michael Jackson keine Kopie davon geschickt worden war. Trell sagte ferner aus, dass vor der Unterzeichnung des Vertrags zwischen AEG und Michael Jackson letzterer ein Tourangebot von AEGs Hauptkonkurrent, Live Nation, in Betracht gezogen hatte. Im Eröffnungsplädoyer vor über drei Wochen hatte Panish AEG als eine Bande rücksichtsloser Geschäftsleute dargestellt, die nur damit beschäftigt seien, zu Live Nation, dem weltweit grössten Konzertveranstalter, aufzuschliessen. Damals sagte Panish: “Sie machen, was immer sie müssen, um die Nummer eins in diesem harten Geschäft zu werden” — auch wenn es auf Kosten der Gesundheit ihres 50-jährigen Stars ginge.

Aber als ob AEG so nicht schon einen weiterhin schlechten Eindruck vor Gericht vermittelte, so kam es in den letzten 15 Minuten des letzten Befragungstag von Shaw Trell noch deftiger. Angefangen hatte es mit Panishs scheinbar unschuldigen Frage, dass Trell ihm von seinem Besuch in Michael Jacksons Haus zwecks Unterzeichnung des Vertrags Anfang 2009 berichten solle. “Es war aufregend, Michael Jackson zu treffen”, so Trell. Panish fragte Trell dann, ob es üblich war für AEG, in herabwürdigender Weise über einen Künstler zu sprechen, mit dem sie gleich einen riesigen Deal unterzeichnen würden. “Ich war nicht unbedingt mit einigen von Michael Jacksons Entscheidungen, die er in seinem Leben getroffen hat, einverstanden, aber ich hatte natürlich einen enormen Respekt für ihn als Entertainer,” so Trell. Panish fragte Trell dann: “Sagte Mr. Fikre [Chief Legal and Development Officer und Verwaltungsratsmitglied von AEG Lives Muttergesellschaft] zu ihnen, dass Michael Jackson ein Freak sei?” Die E-Mail Kette, auf die sich Panish bezog, begann am 28. Januar 2009, als Paul Gongaware Randy Phillips fragte, “MJ noch heute?” Ja, antwortete Phillips, um 17 Uhr bei Michael Jackson zu Hause. “Du und Shawn [Trell] sollten dabei sein.” Trell leitete die E-Mail anschliessend an Fikre weiter, der zwei Minuten später antwortete: “Heisst das, du wirst den Freak treffen??” Trells Antwort an Fikre lautete: “Scheinbar. Ich weiss nicht, was ich davon halten soll. Sicherlich interessant, aber irgendwie gruselig [Original: creepy].” Daraufhin wies Panish den Zeugen zurecht: “Hat ihnen ihre Mutter nie beigebracht, dass wenn man nichts Gutes über einen Menschen sagen kann, man lieber nichts sagen soll?”

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-9-teil/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 16 – May 22 2013 – Summary

Katherine, Rebbie and Trent Jackson are in court

Shawn Trell Testimony

AEG Cross

Trell was first asked about contract between AEG and Jackson’s former manager, Tohme R. Tohme. (AP) Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties. Compensation is detailed in contract. There was a condition precedent. Trell refers to cancellation insurance in tour agreement. Trell: while this agreement started in January, the conditions/terms not met. If Tohme would've performed as specified, would've been paid. (ABC7) Shawn Trell said Tohme’s agreement called for him to get paid once cancellation insurance was secured. Tour cancellation insurance wasn’t obtained for “This Is It” tour until late April, after Tohme had been fired. (AP)

Trell: To pursue Jackson's interest films, AEG would put up a million dollars for development. They contemplated making 3 films. (ABC7) Trell was also asked about an agreement Jackson signed in Jan. 2009 for a possible three-film deal. The film agreement would have allowed Jackson to get $1 million to develop a script for an AEG-owned film company. Trell said the initial project Jackson was interested in was connected to “Thriller.” He didn't offer any more details. He said by June 1, 2009, the film industry wasn’t interested in pursuing that project. June was deadline for the agreement to kick in. Trell said AEG offered to extend the deadline to Oct. 2009, but Jackson never signed the extension agreement. (AP) In addition to the tour contract between Jackson and AEG, Trell said the two also had an agreement that proposed developing up to three film projects together, one of which was related to his “Thriller” video. When nothing was developed by the agreement’s June 1, 2009, deadline, AEG sent a proposed amendment to extend that date to Jackson’s representatives, Trell said. (LAtimes)

“I think the interest was still there on Mr. Jackson’s side and I know we were interested in helping him realize what he wanted to accomplish,” Trell said. (LAtimes)

After discussing the possible film deal, AEG lawyer Jessica Stebbins Bina then asked him more about tour cancellation policy. (AP)Trell said it's always the artists obligation to obtain this form of insurance to pay back the advances. Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs. Trell: AEG had obligation regarding advances. We don't secure insurance to cover profits, only to protect losses from cancellation.(ABC7) “We don’t secure cancellation insurance to secure anticipated profits,” only advanced costs, AEG lawyer Shawn Trell said. (AP)

Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy. Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer. (ABC7) He said the insurance broker was having difficulty at first getting cancellation insurance. There wasn’t a lot of interest and Trell said the underwriters in London were concerned about tabloid reports about Jackson’s health. Some reports referenced Jackson having skin cancer, which wasn’t the case. Broker suggested a med exam to alleviate concerns. The exam would involve blood and urine tests, filling out a questionnaire and the doctor reviewing 5 years of Jackson’s med records. (AP)

Broker suggested a NYC ear, nose and throat specialist, who was flown out to Los Angeles and evaluated Jackson. The doctor had to provide his resume and sign a confidentiality agreement before examining Jackson in early February 2009. Trell said he never saw the medical records from Jackson’s exam, and has never seen an artist’s records after a physical. Trell was asked if he ever heard about results of Michael Jackson’s February 2009 physical exam. (AP) Trell said the exam took place in February 2009, and that although he wasn’t privy to Jackson’s medical records, he was satisfied. (LATimes) Trell never saw results because of confidentiality, but testified that Taylor later told him: "Other than a slight case of hay fever, he passed with flying colors." (AP)

Trell says that he received report from insurance broker about the exam. "Other than a case of hay fever, Jackson passed in flying colors." (ABC7) Trell: The broker’s “exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors.’” (AP)

After the exam, AEG was able to obtain a $17.5 million cancellation policy for Jackson’s “This Is It” concerts. Jackson was referred to as “Mark Jones” in the documents to mask his identity. The policy covered first 30 shows at O2 Arena. Trell said it was unusual for an artist to be listed under a different name on an insurance policy in his experience. (AP) AEG ended up securing a $17.5-million insurance policy that listed among its exclusions “the illegal possession or illicit taking of drugs and their effects.” (LATimes) AEG had a $17.5 million "non-appearance" policy on Jackson should he fail to perform the first 13 of his 50 shows at London's O2 Arena, Trell said. But the insurers wouldn't cover illness until Jackson underwent a second medical exam to be performed in London by a doctor selected by the insurers. (AP)

Bina: you wouldn't go out to get a policy for an artist with an illicit drug problem? Trell: no, because it wouldn't be covered (ABC7)

Trell: If someone died and the artist was so distraught that the artist could not perform, that loss would be covered by this policy. (ABC7)

Bina: We're you ever able to get more insurance coverage? Trell: No, because concerns over what marketplace saw in media reports. List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections. Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.(ABC7) Trell said he continued to check in with Taylor to see if the marketplace had changed and the coverage could be increased because it was unusual for the insurance not to cover the entire advance made. “We were just trying to bridge the gap between cost and expense,” he testified. A second insurance physical was scheduled for July 6, 2009. “We had no reason to believe that he wouldn’t pass,” Trell said. (LAtimes)

On June 25, 2009, at 5:54 a.m., London time, Taylor sent an email to Dr. Conrad Murray, who had been brought onto the tour to tend to Jackson. The email, introduced as evidence in the case, read:

“The insurers have specifically requested information on the following:

Press reports on the artist at various times using a wheelchair, and whether any of these occasions were as a result of a medical issue.

Press reports that the artist had, or has, suffered a back injury.

Press reports that the artist is suffering, or has previously suffered from lupus.

Press reports that the artist is suffering, or has previously suffered from cancer.

Press reports that the artist was hospitalized in 2005.

Dates and brief details of any cosmetic procedures, and specific details of any complications.

Press reports that the artist has suffered from lung infection/emphysema and chronic gastrointestinal bleeding.

Press reports that the artist has minimal diet (is possibly anorexic).”

Jackson died hours later from a fatal dose of the anesthetic propofol administered by Murray.

Jessica Stebbins Bina, an attorney representing AEG, pointed out in the courtroom that the list of insurers’ concerns did not include drugs, painkillers, alcohol or sleep disorders. (LATimes)

Bina: Could AEG make a profit from cancellation insurance? Trell: No, only to cover losses (ABC7)

Trell said employees are insured by the company. Independent contractors are just that, that is why it is called independent. "Independent contractors have area of expertise needed to make the project happen" Trell said. It's expertise not within the company itself. Trell: We hire third parties for equipment, sound. They're usually referred to us or they are known to the artist. Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office. Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business. Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist's entourage) (ABC7) “It would be misplaced or misguided for us to inject ourselves into the affairs of an artist,” Trell said. (LATimes)

It was Jackson who requested Murray, Trell said, and he believed the two had worked together for three years prior. (LATimes)

Bina: Did AEG have any role in choosing doctor Murray? Trell: No (ABC7)

Bina: Surprised to bring family physician on board? Trell: No we've had other tours where artists brought doctors for themselves/families (ABC7)

Trell said insurance was required based on the contract. Trell said they produced Prince's tour a few years ago, which was analogous to the "This Is It" tour. (ABC7)

Email on 5/21/09 from Wooley to Dr. Murray: Dear Conrad, I should like to send a contract to you in the next day or two But am looking for help writing the legal department because the form within which I work don't apply to your specialized position. So it has to be custom-generated. (ABC7)

5/28/09, Wooley to Dr. Murray He said the legal department has not yet completed the agreement which is rather specialized, rare event Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray's contract.(ABC7)

Bina: Did Ms. Jorrie begin contract negotiations with Dr. Murray at your direction? Trell: Yes (ABC7)

6/15/09 Jorrie wrote to Wooley: I've attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray (ABC7)

Contract: Provision 9 Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist. (ABC7)

Contract: Without the artist's expressed and written approval of the agreement neither party to the agreement will have any rights obligations to one another arising from the agreement. Trell testified this was the first contract he saw this provision included (ABC7)

"Because of the personal nature here from MJ for this particular engagement of his personal physician," Trell explained. (ABC7)

Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein. Contract: on behalf of an at the expense of the undersigned: Michael Jackson (ABC7)

“My understanding is that he was going to be categorized as artist advance," Trell explained. “This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show," Trell said (ABC7)

Trell said there's a final settling of the tour after the project is completed. That's where they categorize/re-categorize things. Trell said he doesn't do the final settlement himself, but people who do ask him questions about how it should be done. "My understating he was an Artist Advance," Trell said. MJ's company was responsible for both artist and production advances. "I'm not aware of MJ making objections to this provision," Trell said. (ABC7)

Bina showed Dr. Murray's last page of the contract signed by Murray. The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray's employer. "The intention was to make it (provision 9) expressly subject to have Michael's signature on it," Trell explained.(ABC7)

Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist. Contract Scope of Services: Dr. Murray will provide general medical care to the Artist... Contract: Such services will be administered professionally and w/ the greatest degree of care expected from members in the medical field. (ABC7)

Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray I've attached hereto a revised version of your agreement which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions. (ABC7)

Redline: It changed the scope of services from producer to artist in the sentence: "Dr. Murray shall also provide such other services as are reasonably requested by Artist from time to time during the term hereof. "It was requested by Dr. Murray," Trell said (ABC7)

Responsibilities of GCA/Dr. Murray 4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom. Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement. Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine i n the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer. (ABC7)

Contract included provisions to terminate the contract for failure to provide appropriate medical licenses to work in the US and UK (ABC7)

Trell spoke with individuals from AEG about MJ's physical condition. He said he was told MJ seemed fine and the performances were terrific. (ABC7)

Email on 6/20/09 from Ortega to Phillips: Finally, it's important for everyone to know, I believe that he really wants this it would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart. He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs. (ABC7)

Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09. "Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on," Trell said. (ABC7)

Bina: Did you speak with Mr. Phillips about his interaction with Dr. Murray? Trell: Yes

"My understanding there were two meetings in which Dr. Murray attended and MJ was present," Trell said. He knew one on June 20th, and another one in the beginning of June, but he didn't know the date. (ABC7)

Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. "Firstly, Michael indicated he was fine, just fine," Trell said. Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine. There were no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th. "He appeared fine and the rehearsals were terrific," Trell said he was told. (ABC7)

On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo. Trell said that MJ's Estate ultimately approved the productions advances incurred in the tour. (ABC7)

Bina: Does AEG Live does background check on its employees? Trell: credit history may be requested when related to the position at issue (ABC7)


Jackson redirect

Panish only got about 15 mins of questions in at the end of the day. He immediately went at Trell on his recollection of dates, details. (AP)

Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant? Trell: I don't recall (ABC7) Trell said he was very, very involved in the "This Is It" tour. (ABC7)

He started out by asking Trell if he was certain that Jackson signed the "This Is It" agreement on Jan. 26, 2009, as he'd testified. Trell said he was certain he'd testified correctly about the events of the day, but conceded toward the end of several questions that he might have been wrong about the exact date. (AP) January 26, 2009 was the first and only time Trell met with Michael Jackson. "I'm sure it was the only time I met MJ." "I won't forget meeting Michael Jackson," Trell said. "He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door," Trell explained. (ABC7)

Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist. "I think people have their own impressions, and thoughts and feelings about Michael Jackson," Trell explained. "I may not necessarily agreed with some of the life choices he made," he said, adding "I won't forget meeting him that day." (ABC7)

That's when plaintiff's attorney Brian Panish showed the emails. (AP)

Email on 1/28/09 from Gongaware to Phillips: MJ still on today, right? Panish noted the contract signing was on the 28th and not 26th as Trell referred to. (ABC7)

Panish: You were wrong about that, sir? Trell: I was wrong about the signing date "I didn't have the date necessarily in my calendar, I didn't have the date in front of me," Trell explained. "I don't believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26," Trell said. (ABC7)

Hours before Anschutz Entertainment Group executives were heading to Michael Jackson’s Holmby Hills home to sign multimillion-dollar contracts for his concert series in London, the firm’s top lawyer called Jackson “the freak” in an email to another company attorney. (LATimes)

Trell’s cross-examination began with Jackson attorney Brian Panish asking the lawyer about his visit to the singer’s house to sign the contracts, the only time he met Jackson. “It was exciting to meet Michael Jackson,” he said.

Panish began to built toward a climax, asking Trell if it were company policy to speak in derogatory terms about an artist they were about to sign a huge deal with. “I may not have necessarily agreed with some of the life choices Michael Jackson made but I certainly had enormous respect for him as an entertainer,” Trell said.

Then Panish gave the jury a foreshadowing of what was to come. He asked Trell, “Did Mr. Fikre say to you that Michael Jackson was a freak?” a reference to Ted Fikre chief legal and development officer and a member of the board of parent company AEG, before slowly unraveling the emails. (LATimes) The email chain starts Jan 28, 2009, with AEG Live executive Paul Gongaware writing Randy Phillips, president and chief executive of AEG Live, “MJ still on today?”

Phillips emails back. “Yes. 5 p.m. 100 Carolwood Dr. You and Shawn should be there,” referring to Trell.

From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI...

From Fikre to Trell on 1/28/09, in response, three minutes later Does this mean you get to meet the freak?

Trell replies, “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.” (LATimes)

Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?" (AP) Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak? Trell: you have to ask Mr. Fikre (ABC7)

Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak? Trell: No (ABC7)

Panish then scolded Trell as he sat in the witness box. “Didn’t your mother ever tell you if you don’t have anything good to say about someone not to say it?” (LATimes) AEG objected to the question. Some of the jurors laughed. Judge sustained the objection that Panish's question was argumentative. (AP)

Trell returns to the stand in the morning to undergo more questioning from Panish.
"I’ll see you in the morning," he brusquely told Trell. (AP)

-----------------------------------------------------------------------------
Outside the court :
"That email just exemplifies that AEG had no respect for Mr. Jackson.," Panish said outside of court. "All he was was a vehicle to make money and to promote their concert business to catch up to Live Nation." (AP) Panish cont'd: We're going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful we're going continue to show and prove what AEG is all about. This was just the tip of the iceberg." (ABC7)

Jessica Stebbins Bina, a trial defense lawyer for AEG, said the emails were shown merely to embarrass AEG. "We are four weeks into trial and we have yet to hear one piece of substantive evidence," said Marvin S. Putnam, an attorney who is leading AEG's defense. (AP)

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

Shawn Trell will continue to testify. Gongaware is next witness. Karen Faye will complete her testimony.


Zusammenfassung von Ivy MJJC #18

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[rip.michael]

Jacksons vs AEG - Day 14 – May 20 2013 – Summary

Katherine, Rebbie and Trent Jackson are at court.

LATimes reported that Jacksons offered a settlement.

Kevin Boyle , a lawyer for Katherine Jackson and MJ’s kids , said they offered to settle lawsuit against AEG, but that they never got an answer. Kevin Boyle said the family made the offers in January and March. Boyle would not provide details but said AEG’s insurance would have paid, “which means they could have settled the case without them paying a dime of their money.” He said AEG has never offered to settle “and they haven’t apologized.” (LATimes)

Marvin Putnam, an attorney for AEG, said it was inappropriate to discuss settlement discussions.“We don’t settle matters that are utterly baseless,” he said. “We believe that is the case in this matter. I can’t see why we would consider a settlement as anything other than a shakedown.” (LATimes)

CNN Reports there was a snack controversy during trial: AEG lawyers gave a bag of peppermint candy to the bailiff to hand out to the jury this week. Even Katherine Jackson enjoyed the treat. But Jackson's lawyer raised an objection Tuesday afternoon, suggesting jurors might be influenced if they realized the source of the sweets. A compromise was reached. Each side can provide snacks for jurors, but they'll be placed at the bailiff's desk before jurors enter court so they have no clue who brought it. (CNN)


Shawn Trell Testimony



Jackson direct

AEG Live General Counsel Shawn Trell told jurors that he had forgotten that Kenny Ortega was working under a signed contract. (AP)

Trell said he met with his attorneys last night and reviewed one doc -- Kenny Ortega's contract. "He had a written contract," Trell said. "I remember the email dynamic. I'm not too proud to admit that I didn't recall the cover contract," Trell said. Trell said he was changing his testimony from yesterday to add that Ortega had a written contract, not only emails between him and AEG. (ABC7)

Next topic was Insurance: Cancellation/Non-Appearance/Sickness. Trell said he started working on insurance for MJ tour in November of 2008. Panish showed several chains of emails where the parties talked about the insurance for the tour. (ABC7)

Email from Bob Taylor insurance broker to Trell on 1/7/09: prior to speaking w/ carriers we ask the artist to attend medical with a doctor... A full medical with both blood/urine tests. The doctor also wants to review the medical records over the last 5 years to ensure full disclosure. Insurers require further medical examination to be carried out by their nominated doctor. They may restrict illness cover or death from illness cover until this examination has taken place. (ABC7)

Email from 4/30/09: Wooley to Trell : "We have no coverage against MJ sickness unless and until MJ submits to another medical in London” (ABC7)

Email from 5/28/09: Trell to Taylor:"We really need to get that medical done" (ABC7)

Email from 6/23/09: Trell to Taylor : "Any update on the availability of Term insurance?" (life insurance) (ABC7)

Trell said if they secured life insurance, they would get money if MJ died. "We would get the money owed to us, yes," Trell testified. (ABC7) Trell also said he continued discussions with an insurance broker about additional coverage to recoup AEG Live's investment if the tour had to be canceled. (AP)

Email from 6/24/09: Taylor to Trell : Insurers have refused to move on this. Huge amount of speculation in the media regarding artist's health. They feel if they're to consider providing illness to cover this particular artist, they must have very through medical report (ABC7)

Email from 6/25/09: Gongaware to Taylor : "If we don't get sickness coverage, we are dropping this policy" (ABC7)

Email from 6/25/09: Taylor to Gongaware : The consultation in London is critical. The doctor is holding the afternoon of the 6th July open at Harley St. But keep in mind the visit could take 2 hours plus (ABC7)

Next topic: Budget/Costs. Panish showed an email from AEG's Rick Webking to MJ's Estate with 1st report of artist advances/expenses. This was a letter sent to the estate containing the expenses incurred, Trell said. "It seems to me we submitted this report for their review, I don't see any request for payment," Trell said. (ABC7)

Trell said he spoke with Randy Phillips and Paul Gongaware about Michael Jackson's physical condition prior to coming to testify. "I had heard about rehearsals in which Mr. Jackson was fantastic," Trell said. (ABC7)

Trell said he's aware of email from Ortega saying doctor was not allowing MJ to attend rehearsal on June 14, 2009. "I was aware of MJ's doctor not allowing him to attend rehearsal," Trell said. (ABC7)

Email from 6/17/09 from Phillips: ...Ortega, Gongaware, Dileo, and his doctor Conrad from Vegas and I have an intervention with him to get him to focus and come to rehearsal (ABC7)

Email from 6/17/09 from Gongaware to Phillip's assistant: "We need a physical therapist and a nutritionist" (ABC7)

Email from Production Manager - Gongaware/Phillips on 6/19/09 : “Paul/Randy I'm not bring a drama queen here. Kenny asked me to notify you both MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet, be hurt. The company is rehearsing right now, but the DOUBT is pervasive. (ABC7)

Email from Randy Phillips to Tim Leiweke on 6/19/09 : "We have a huge problem here." (ABC7)

"I think he recognized there was a problem on the 19th," Trell said. "I would take it seriously, as I believe Mr. Phillips did." (ABC7) Trell agreed with a statement by plaintiff's attorney Brian Panish that company executives knew by then there was a "deep issue" with Jackson.(AP)

Does Trell consider that exchange a "red flag" that AEG Live should have noticed, Panish asked. "I would take it seriously, as I believe Mr. Phillips did," Trell answered. "I don't know I would use the word 'red flag.'" (CNN)

One of the emails shown to jury was from Jackson estate co-executor John Branca, sent 5 days before Jackson’s death. Branca wrote Phillips, Gongaware and other AEG execs on June 20th that he had an spiritual/substance abuse expert who could work with MJ.(AP) John Branca, Jackson’s attorney, also chimed in, sending an email marked “confidential” to a handful of people, including Phillips, Gongaware and Leiweke. (LATimes) Branca asked whether there were substance abuse issues, but wrote that the issue might be best discussed on the phone. The email was sent the same day that a meeting was held at Jackson’s home with Murray. No further info given to jury. (AP)

Email from John Branca to Phillips, Gongaware, Joel Katz, Frank DiLeo, Michael Kane on 6/20/09 : "I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled) Do we know whether there is a substance issue involved (perhaps better discussed on the phone). (ABC7)

Trell said Mr. Phillips never told him about this email. (ABC7)

Email from Ortega to Randy Phillips on 6/20/09: (chain of emails) : "I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state”

Trell said he didn't see these emails. He said he spoke with Randy Phillips about Phillips' perception of MJ in order to prepare for testifying, but not about specific emails. Trell has been designated as the most qualified person to speak on behalf of AEG. (ABC7)

Email from Phillips to Gongaware on 6/20/09 at 1:52 am : Tim and I are going to see him tomorrow, however, I'm not sure what the problem is Chemical or Physiological? (ABC7)

From Gongaware to Phillips, on 6/20/09 at 5:59 am : Take the doctor with you. Why wasn't he there last night? (ABC7)

From Phillips to Gongaware, on 6/20/09 at 2:01 pm : He is not a psychiatrist so I'm not sure how effective he can be at this point obviously, getting him there is not the issue. It is much deeper. (ABC7)

Trell said Randy Phillips went to a handful of rehearsals, three at the Forum and two at Staples Center. The head of the marketing department attended rehearsal on June 23, 2009. "She was blown away by it," Trell testified. (ABC7)

He said he was unaware of issues with Jackson at rehearsals.“I knew of no problems with Michael Jackson at all,” Trell testified. (LATimes)

Trell said he never saw the emails from Phillips directing people to exclude images from TII of MJ looking "skeletal" while rehearsing. "What were his observations of MJ's physical condition during rehearsal," Trell said. "I asked for his (Phillips) personal opinion." (ABC7)

Next line of questioning is about human resources and background checks. Trell said they can be valuable and useful tools when hiring. Background check costs around $40 to $125. Trell said AEG Live could afford this fee. "We don't do background checks on independent contractors," Trell said. Trell said he was involved in the hiring by AEG Live for the TII tour. His department was responsible for retaining independent contractors. Trell said he is not familiar with background check process for hiring. (ABC7) "I am not familiar with the process of doing background checks," Trell said. "No training." (CNN)

Plaintiff’s attorney Brian Panish also asked Trell about background checks. Trell said AEG doesn't do checks on independent contractors. Panish said an AEG-retained expert testified at deposition that a background check on Murray would cost $40-125 dollars. Panish: “Could AEG afford that?” “Sure,” Trell responded. (Re: background checks for contractors) (AP)

Panish: There was no hiring criteria for the TII tour, correct?
Trell: Not to my knowledge (ABC7)

Trell testified that when it comes to independent contractors, they have either worked with the artists, AEG or known in the industry. Trell agreed that no background check was done on anyone working on "This Is It" tour. (ABC7) AEG Live General Counsel Shawn Trell told jurors that no legal or financial checks were done involving Conrad Murray or anyone else who worked as an independent contractor on the "This Is It" shows. (AP)

Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.(ABC7) Trell said he thought a background check would be appropriate for people working in financial roles, but not tour personnel who weren't employees of AEG.(AP)

As to independent contractors, Trell said there's no supervision and monitoring like there's for employees. (ABC7)

Panish: you don't do anything to check into background, supervise or protect the artist?
Trell: No, safety is a concern (ABC7)

"When they leave the environment, what they do on their own time is their own business," Trell said. (ABC7) Trell said that AEG did not hire Murray, that the doctor was like many independent contractors, "what they do on their own time is their own business." (KABC)

Trell testified he doesn't believe the artist is more at risk because AEG Live doesn't do background check. (ABC7)

"We did nothing to monitor Dr. Murray," Trell said. "We did not monitor whatever it was that he was doing, no." (ABC7)

"It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract. "If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained (ABC7)

As to Dr Murray being under dire financial straits, Trell said that he doesn't know if he agrees with it, everyone's perception is different. (ABC7)

Trell: I certainly wasn't aware of it at the time
Panish: Because you didn't check, right?
Trell: That's right (ABC7)

"I don't think conflict of interests are a good thing, and we would want to prevent it," Trell said. (ABC7)

Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:
Subject: Revised agreement with GCA Holdings/Dr. Murray
It had two attachments Attachments:
Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09
Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09 (ABC7)

Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray
Email: I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie. (ABC7)

Panish: Did Ms. Jorrie call this contract a draft?
Trell: She called it a Final Version (ABC7)

"Every document is a draft until it is executed," Trell said. (ABC7)

Panish showed emails exchanged among AEG executives that contained drafts of Murray’s contract. On June 23, 2009, attorney Kathy Jorrie emailed Murray and said she had “attached a clean pdf version which is ready for execution.” Although Murray had signed a contract with the company, neither Jackson nor anyone from AEG had added their signatures. Trell testified that a copy of the contract had never been sent to Jackson. (LATimes)

With Trell on the stand, Jackson lawyer Brian Panish played part of an interview that AEG Live President Randy Phillips gave to Sky News television soon after Jackson's death.
"This guy was willing to leave his practice for a very large sum of money, so we hired him," Phillips said. Panish also showed jurors an e-mail between AEG lawyers suggesting that Phillips told other interviewers AEG Live "hired" Murray. (CNN)

Panish: Isn't it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
Trell: I know he has made that statement (ABC7)

On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray. "I don't know what you mean about admitted, he made that statement," Trell said. (ABC7)

Panish said AEG higher-ups became concerned after Phillips made such admission. Trell said he didn't know if that was true. Bruce Black is the General Counsel for parent company of AEG and AEG Live. Michael Roth is AEG's media relations. (ABC7)

Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:
Subject: AEG Live president says AEG Live hired Dr. Conrad Murray (ABC7)

Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it. Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance. (ABC7)

Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
Trell: Mr. Taylor has this completely wrong (ABC7)

After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no (ABC7)

Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010. Trell told the police that day that Dr. Murray would receive $150,000 compensation per month. Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse. (ABC7) The interview with detectives was in January 2010. A detective wrote in a summary that AEG told them it agreed to pay Murray $150k and also provide a nurse and medical equipment for the care of Jackson.(AP) More than five months after Jackson’s death, Trell said, he informed LAPD detectives that Murray initially requested $5 million to join the tour but eventually agreed to a salary of $150,000 a month for 10 months. AEG also agreed to provide medical equipment and a nurse, he testified. (LATimes)

Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
Trell: Yes
Panish: Was Dr. Murray trying to help AEG get insurance?
Trell: The policy was in both names, so he was helping both parties. (ABC7)

Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance. (ABC7)

Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?
Trell: Well, my understanding at the time there were a couple of people acting in that capacity. (ABC7)

Email on 6/2/09 from Randy Phillips to Jeff Wald: "Jeff, remember getting MJ to focus is not the easiest thing in the world and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!" (ABC7)

Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray. Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray. "I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said. (ABC7)

"He was a significant expense," Trell testified about Dr. Murray. Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license. Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009. (ABC7)

Jury was shown an email that Phillips sent to Kenny Ortega on night of June 20, 2009. It was email urging Ortega to stand down. (AP)

Email on 6/20/09 Phillips to Ortega : Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians. I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it. Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ. This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical. (ABC7)

Panish asked Trell whether Phillips’ characterization to Ortega, given no background check was done, was a lie. Trell responded that he didn’t know what Phillips knew or was thinking when he wrote that email to Ortega. Trell also said he expected Randy Phillips to testify at some point during the trial, so he could address the email himself. (AP)

Panish then asked Trell, “Sir, you never checked out one single thing about Dr. Murray -- you’ve already told me that, correct?”
“As of the date of the email, that would’ve been correct,” Trell said. (LAtimes)

When pressed by Panish, Trell said that Phillips’ statement that Murray had been checked out, along with the executive’s claim that the doctor “does not need this gig” were inaccurate. “I don’t know where Randy’s understanding or impression comes from,” Trell said.(LATimes) Trell testified that Phillips might have been “misinformed” or simply was stating his impression of the Las Vegas cardiologist.(NYDailyTimes)

Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn't that true?
Trell: Yes (ABC7)

Panish then asked several pointed questions about whether Shawn Trell agreed with Phillips telling Ortega they’d checked Murray out. One of Panish’s questions was whether Trell thought Phillips’ email was “acceptable conduct.” (AP)

Panish called Phillips' statement "a flat out lie" and asked Trell whether he agreed with it or if it signified how AEG did business. Trell said he didn't know what Phillips thought he knew when he wrote the message. "I know this statement is not accurate, but you'd have to speak with Mr. Phillips about what he thought or meant in saying it," Trell said. (AP)

Panish: That's a flat out lie, isn't it sir?
Trell: I don't know what Mr. Phillips intended to say, this should be a question to him (ABC7)

Panish: You don't know if he was successful or facing bankruptcy, did you?
Trell: No (ABC7)

Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say. (ABC7)

Panish: Do you agree w/CEO of your company making untrue statements?
Trell: I don't know that he didn't know it wasn't true when he said it (ABC7)

Trell said Phillips never told him that he checked Dr. Murray out. As to reference in Phillips' email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips' impressions (ABC7)

He said AEG typically only runs background checks on candidates applying for full-time jobs with AEG, not independent contractors.
(KABC)

Panish: Isn't it true AEG Live does not do background check on independent contractors?
Trell: That's true (ABC7)

Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor. (ABC7)

“Did anyone from AEG ever at any time interview Dr. Murray?” asked Brian Panish
“No,” Trell replied. (LATimes)

Panish showed a document used by AEG entitled "Disclosure and Authorization to Conduct Background Check". Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work. Panish asked if there was any reason why Dr. Murray was not given a background check. "He wasn't an employee, he wasn't applying for a full time position with the company," Trell explained. Trell said theoretically they could've asked to check Dr. Murray's background and credit. (ABC7)


AEG Cross

Jessica Bina began her examination by showing the letter submitted by AEG's CFO to the Estate of Michael Jackson for their review. (ABC7) She asked Shawn Trell about the estimate presented to Jackson’s estate that included Murray’s $300k fees. She asked why it was prepared. Shawn Trell said it was done at the request of the estate. He said Jackson’s estate wanted to know state of tour finances when Jackson died. (AP) Trell said the report was requested by the Estate after a series of meetings after MJ's death. The purpose of the meeting was to wind up the business affairs of the tour due to MJ's death, Trell said. "It was my understating in June Tohme was back in the picture in some capacity. I'm not sure which, Mr. DiLeo was in it too," Trell said (ABC7)

Bina: Is there any request for payment?
Trell: No, there's no demand for payment, it's for review (ABC7)

Stebbins Bina asked about the inclusion of Murray’s fee in the document. She said she wanted to show something Panish didn't. (AP) Bina showed the report that was attached to the letter. (ABC7) Murray’s fee on the document had a footnote. Trell read what that footnote said, and explained why estate wasn’t asked for Murray’s fee. (AP) Next to "Management Medical" there's a reference to footnote 3. Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.(ABC7) “Contract is not signed by Michael Jackson and such signature was condition precedent to any payment obligation.” _ Footnote on Murray fee.(AP) Trell testified Webking, the CFO for AEG, did not ask MJ's Estate for payment of Dr. Murray's salary. (ABC7)

“You testified you were somewhat confused (by the inclusion of the $300,000)?” AEG defense lawyer Jessica Stebbins Bina asked Trell as she projected the list, dated July 17, 2009, on a screen for jurors.

“Do you see there’s something in parentheses?” Stebbins Bina asked, zooming in to blow up a footnote from AEG CFO Frederick Webking that stated Michael Jackson never signed Murray’s contract, so its terms were not enforceable.

“Is Mr. Webking asking the estate to pay?” Stebbins Bina asked Trell.
“No,” he replied, explaining that upon reflection he believed Mr. Webking was just being “thorough” by including the $300,000 as a budgeted cost.

“Did Mr. Webking make a mistake as you thought yesterday?” she asked.

“No,” Trell answered. “He did not.” (NYDailyNews)

Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical. (ABC7) Stebbins Bina then showed a Sept. 2009 report of “This Is It” finances to Michael Jackson’s estate. Murray’s fee not listed in that document(AP)

Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements. Trell explained what PMK is -- Person Most Knowledgeable, identified by the company to testify on its behalf. Trell said he didn't know about all the topics he was designated, so he had to do some studying and interviews with people.(ABC7)

As to Ortega's contract, Trell said he was aware ofa string of emails being at least a part of original agreement with Kenny. "When we were done here yesterday, I looked at Kenny Ortega's original agreement," Trell said. Trell noted he hadn't looked at Ortega's agreement since it was entered into in 2009. Bina showed copy of Ortega's contract. (ABC7) Before the afternoon break, Trell and jury were shown Kenny Ortega’s tour agreement. It was signed in April 2009. The agreement was three pages of legalese, with several pages of emails attached that confirmed the terms. The first three pages included some paragraphs that described who owned the rights to “This Is It” content. (AP) A large number of emails are part of the agreement as exhibits. Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion. Bina showed Ortega's executed contract with everyone's signature on it. Trell said Kenny Ortega was paid after his contract was signed. (ABC7)

Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson. For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts. "It's my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation," Trell said. (ABC7) Trell also said that before signing an agreement with AEG, Jackson had been considering a tour offer from its main competitor, Live Nation. (LATimes)

Bina showed the jury the final tour agreement. Trell said he went to MJ's home at Carolwood to sign it. Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said 'Hi, welcome, I'm Michael." Trell said it was pretty funny, since he was a very distinct person. Trell said they shook hands, he had a good firm handshake and his voice was not what people think. (ABC7)

"He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room," Trell said. "He seemed genuinely enthused," Trell added. "He had the contract in front of him, said he read every page, seemed very enthused." Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind. "I was probably there just a little less than an hour. And that was the only time I met him," Trell recalled. (ABC7)

“There was a real positive energy and vibe in the room,” Trell said. “He seemed genuinely enthused, we sat there for some time and he had the contract out in front of him. He said he had read every page; he was flipping through it. It just felt -- he just seemed so enthused by the whole thing.” (LATimes)

Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries. Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours. Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made. Trell said compensation was agreed on 90-10 split. Artist received 90% of what's defined contingent compensation.(ABC7)

Trell explained to jury how concerts get paid for. One scenario is artist pays for production up front. A second scenario is that the promoter gives artist an advance, and then they use the money to put together the show. The third option, Trell said, is the artist pays someone like AEG Live to produce and promote the show, with costs to come out of their pay. Trell called the second and third option like an interest-free loan. In Jackson's case, AEG agreed to a 90/10 split of show's proceeds. Jackson would have received the 90 percent portion, Trell said. Jackson also on the hook for a 5% production fee. (AP)

AEG Live was promoter and producer. "We advanced the money necessary to mount the tour," Trell explained. "It's interest free money". (ABC7) Trell testified Tuesday that Jackson’s advance, which covered his $100,000-a-month rent on his mansion and a $3-million payment to settle a lawsuit that would free up his performance rights, was considered a loan to be paid back to AEG. (LATimes)

Part of the advance was to pay off the settlement agreement of $3 million in London court. The underlying dispute was that a company owned the rights for Jackson's live performance. "The rights needed to be freed up," Trell said. The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million. Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter. (ABC7)

"Michael Jackson was known to have very elaborated productions," Trell said. "Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want," Trell said. Trell said AEG would not advance money without the artist requesting it. (ABC7)

Trell said it's not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance. Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show. If the were no obligations to AEG, the payout would go back to the artist, Trell explained."It just recoups our loan made to the artist." (ABC7)

Trell was also asked about elements of tour insurance policies and an agreement with former manager Tohme Tohme. Jackson's contract called for him to represent to AEG that he didn't have any health conditions that would keep him from performing. (AP)

Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments that would reasonable be expected to interfere with Artist's first class performance at each of the shows during the term (ABC7)

Oh Tohme's $100k per month agreement, Trell was shown a January contract that Jackson signed to pay that amount. However, Trell said Tohme's agreement was predicated on Jackson getting tour cancellation insurance by a certain date. Deadline passed and by that point Tohme was no longer Jackson's manager, so he wasn't entitled to be paid his monthly fee. (AP)

January 24, 2009 -- agreement entered with Dr. Tohme Tohme. Trell said MJ was involved and signed this agreement. "This agreement was entered into January 26, Trell testified. "There are conditions that needed to be met before any payment could be made." One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May. In May, AEG received letter from MJ saying Tohme didn't rep him anymore. "No payments were ever made under this agreement," Trell explained. (ABC7)

AEG attorney Jessica Stebbins Bina told Trell she'd ask him about contract and Tohme agreement in more detail Wednesday. (AP)

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

Shawn Trell will continue to testify. Paul Gongaware is the next expected witness.


Zusammenfassung von Ivy MJJC #17



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[Dreamerdancer]

E-mails zeigen, AEG Anwalt( Ted Fikre) bezeichnet Michael Jackson als Freak.

LOS ANGELES (AP) - A lawyer for the parent company of AEG Live LLC called Michael Jackson a freak on the day the singer signed a multimillion contract for a series of ill-fated comeback concerts, emails displayed for a jury on Wednesday showed.

The emails were presented by Brian Panish, an attorney for Jackson's mother in her lawsuit claiming AEG was negligent in hiring the personal physician who was later convicted of killing the pop superstar.

The lawsuit also says AEG pushed Jackson too hard despite signs that he was in poor health.

The emails were sent Jan. 28, 2009, roughly four months before the singer's death.

In the exchange, AEG Live General Counsel Shawn Trell told his boss that he was going to Jackson's home to sign contracts for the "This Is It" shows later that year in London.

Ted Fikre, the general counsel for Anschutz Entertainment Group, wrote back in two minutes.

"Does this mean you get to meet the freak?" Fikre replied, according to the emails.

"Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy," replied Trell, who had spoken approvingly while testifying on Tuesday about his only meeting with Jackson,

Katherine Jackson was seated in the front row of the courtroom when the emails were displayed, and she passed Trell on her way out at the end of the day. They did not acknowledge each other.

"That email just exemplifies that AEG had no respect for Mr. Jackson.," Panish said outside of court. "All he was was a vehicle to make money and to promote their concert business to catch up to Live Nation."

Live Nation is the chief rival of AEG Live.

Jessica Stebbins Bina, a trial defense lawyer for AEG, said the emails were shown merely to embarrass AEG.

"We are four weeks into trial and we have yet to hear one piece of substantive evidence," said Marvin S. Putnam, an attorney who is leading AEG's defense.

He said Katherine Jackson's lawyers have instead opted to attack AEG Live with "side issues and characterizations."

Panish said after court that he would show more evidence of AEG's disdain for Jackson.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

http://www.ksl.com/?nid=1206&sid=24969612

Twitter von A. McCartney

Anthony McCartney @mccartneyAP 5h
Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?"
Öffnen Antworten Retweeten Favorisieren Mehr

dem ist nichts hinzuzufügen.

[Lena]

Es geht weiter mit Trell von unten nach oben lesen

Anthony McCartney @mccartneyAP 16m

That's it for updates from the morning session. Will be back in court this afternoon.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 17m

Trell said it was unusual for an artist to be listed under a different name on an insurance policy in his experience.
Trell sagt es ist ungewöhnlich, dass ein Künstler unter fremden Namen in einer Police gelistet wird aus seiner Erfahrung heraus.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 17m

Jackson was referred to as “Mark Jones” in the documents to mask his identity. The policy covered first 30 shows at O2 Arena.
Jackson wurde als "Mark Jones" in den Dokumenten maskiert. Die Police deckte die ersten 30 Konzerte in der O2 Arena ab.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

After the exam, AEG was able to obtain a $17.5 million cancellation policy for Jackson’s “This Is It” concerts.
Nach der Untersuchung erhielt AEG eine 17,5 Mio. Ausfallversicherung für die TII-Konzerte
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

Trell: The broker’s “exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors.’”
Trell: Die Worte vom Broker waren: "Außer einem leichten Heuchschnupfen ging er mit Bravour durch die Prüfung."
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

Trell was asked if he ever heard about results of Michael Jackson’s February 2009 physical exam.
Trell wird gefragt ob er über die Ergebnisse der Februar 2009 Untersuchung hörte
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

Trell said he never saw the medical records from Jackson’s exam, and has never seen an artist’s records after a physical.
Trell sagt er sah nie die medezin. Akten von Jackson, noch jemals von einem anderen Künstler nach der Untersuchung
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

The doctor had to provide his resume and sign a confidentiality agreement before examining Jackson in early February 2009.
Arzt sollte Lebenslauf zeigen und eine Vertraulichkeitsvereinbarung unterschreiben vor der Untersuchung im Februar 2009
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

Broker suggested a NYC ear, nose and throat specialist, who was flown out to Los Angeles and evaluated Jackson.
Broker schlug einen Ohren, Nasen und Halsspezialisten aus New York vor, der nach LA kam und Jackson untersuchte
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 18m

The exam would involve blood and urine tests, filling out a questionnaire and the doctor reviewing 5 years of Jackson’s med records.
Die Untersuchung beinhaltete Bluttest und Urintest und einen Fragebogen und die Einsicht in medezin. Akten der letzten 5 Jahre von Jackson
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 20m

Some reports referenced Jackson having skin cancer, which wasn’t the case. Broker suggested a med exam to alleviate concerns.
Einige Reporte sagten Jackson habe Hautkrebs, was nicht der Fall war. Broker schligen Untersuchung vor um Bedenken auszuräumen
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 24m

... and Trell said the underwriters in London were concerned about tabloid reports about Jackson’s health.
Und Trell sagt die Unterschreiber in London waren besorgt wegen Tabloid-Artikel und Jacksons Gesundheit
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 24m

He said the insurance broker was having difficulty at first getting cancellation insurance. There wasn’t a lot of interest ... (cont)
Es war zunächst schwierig eine Versicherung zu finden. Es gab nicht viel Intresse.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 24m

“We don’t secure cancellation insurance to secure anticipated profits,” only advanced costs, AEG lawyer Shawn Trell said.
"Wir haben keine Cancellungsversicherung abgescholossen um erwartete Profite zu sichern, nur um vorgeschossene Kosten zu sichern sagt Trell.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 28m

After discussing the possible film deal, AEG lawyer Jessica Stebbins Bina then asked him more about tour cancellation policy.
Stebbins fragt nun nach der Tourcanellungspolice
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 29m

Trell said AEG offered to extend the deadline to Oct. 2009, but Jackson never signed the extension agreement.
Trell sagt AEG bot an die Deadline auf Okt. 2009 zu verschieben, aber Jackson unterschrieb nie das Verlängerungsagreement
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 29m

He said by June 1, 2009, the film industry wasn’t interested in pursuing that project. June was deadline for the agreement to kick in.
Er sagt bis zum 1 Juni war die Filmindustirie nicht in das Projekt intressiert. Juni war Stichtag für die Zustimmung
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 29m

Trell said the initial project Jackson was interested in was connected to “Thriller.” He didn't offer any more details.
Trell sagt das ursprügnliche Projekt indem Jackson intressiert war war mit Thriller verknüpft. Er gab nicht mehr Details
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 29m

The film agreement would have allowed Jackson to get $1 million to develop a script for an AEG-owned film company.
Die Filmvereinbarng erlaubte Jackson 1 Mio. Dollar zu bekomen um ein Skript mit einer AEG-Filmgesellschaft zu entwickeln
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 30m

Trell was also asked about an agreement Jackson signed in Jan. 2009 for a possible three-film deal.
Trell wird nach einer Vereinbarung mit Jackson gefragt, unterschrieben für einen möglichen Film-Deal im Januar 2009
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 30m

Tour cancellation insurance wasn’t obtained for “This Is It” tour until late April, after Tohme had been fired.
Tourcancellungsversicherung wurde nicht abgeschlossen bis zum späten April, nachdem Tohme gefeuert war.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 30m

Shawn Trell said Tohme’s agreement called for him to get paid once cancellation insurance was secured.
Trell sagt Tohmes Vereinbarung besagt, dass er gezahlt wird sobald Rücktrittsversicherung abgeschlossen ist
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 30m

Trell was first asked about contract between AEG and Jackson’s former manager, Tohme R. Tohme.
Trell wird gefragt über Vertrag zwischen AEG und Jacksons früheren Manager Tohme
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 31m

AEG General Counsel Shawn Trell remains on the stand, being questioned by AEG defense lawyer Jessica Stebbins Bina.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 31m

There was no morning break, but court should break for lunch in about 20 minutes.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 31m

The Jackson vs AEG Live trial got started this morning with Katherine, Rebbie and Trent Jackson in the courtroom.

[Lena]

Hier noch die ABC-Tweets zur gestrigen Befragung von AEG-Anwalt Trell, der auch heute noch weiter im Zeugenstand sein wird. Intressant übrigens auch, dass der Vorschuss von AEG an Michael auch die 3 Mio. Settlement-Zahlung an den Scheich ... (Londoner Gerichtsurteil) beinhaltet. Dieser hatte vor dem Settlement die Rechte an Michael für Live-Performances (neuen Musikveröffentlichungen etc).

Wie immer von unten nach oben lesen

ABC7 Court News @ABC7Courts 15m
Paul Gongaware is not expected until Thursday. That's the plan for now. We hope to see you all tomorrow again!
P. Gongaware wird nicht vor Donnerstag erwartet.
Expand Reply Retweet Favorite More
ABC7 Court News @ABC7Courts 15m
That ended Day 15 of testimony in Jackson Family vs AEG wrongful death trial. Shawn Trell is expected to last all day tomorrow on the stand
Ende des Prozesstages. Shawn Trell wird den ganzeb morgigen Tag im Zeugenstand erwartet.
Expand
ABC7 Court News @ABC7Courts 18m
In May, AEG received letter from MJ saying Tohme didn't rep him anymore. "No payments were ever made under this agreement," Trell explained.
Im Mai erhielt AEg einen Brief von MJ, der besagt, dass Tohne ihn nicht mehr repräsentiert. "Keine Bezahlungen wurden je unter diesem Agreeement gemacht", sagt Trell
Expand
ABC7 Court News @ABC7Courts 19m
One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May.
Einer der Bedingungen war die Platzierung und Nicht-Erchweinen-Versicherung, sagt Trell.
Dieser Platzierung wurde im späten April, Ende Mai gemacht.
Expand
ABC7 Court News @ABC7Courts 19m
"This agreement was entered into January 26, Trell testified. "There are conditions that needed to be met before any payment could be made."
Dieser Vertrag wure am 26. Januar gemacht. Es gab Bedingungen, die erfültt sein müssen, bevor eine Bezahlung gemacht werden kann."
Expand
ABC7 Court News @ABC7Courts 20m
January 24, 2009 -- agreement entered with Dr. Tohme Tohme
Trell said MJ was involved and signed this agreement.
24. Januar 2009 -Vereinbarung mit Dr. Tohme Tohme wurde gemacht.
Trell sagt MJ war involviert und unterschrieb die Vereinbaurng
Expand
ABC7 Court News @ABC7Courts 21m
Contract: that would reasonable be expected to interfere with Artist's first class performance at each of the shows during the term.
Vertrag: die voraussichtlich die zu erwartenden Leistungen des Künstler hinsichtlich First Class Performances in jeder Show beeinträchtigen können
Expand
ABC7 Court News @ABC7Courts 21m
Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments...
Vertrag: Der Künstler erklärt hiermit, dass er keine gesundheitlich bekannten Schwierigkeiten, Verletzungen oder Beschwerden hat..
Expand
ABC7 Court News @ABC7Courts 22m
If the were no obligations to AEG, the payout would go back to the artist, Trell explained."It just recoups our loan made to the artist."
Wenn es keine Verpflichtungen für AEG geben würden, würde die Auszahlung an den Künstler gehen. "Es deckt nur den Kredit ab, den wir an den Künstler machen."
Expand
ABC7 Court News @ABC7Courts 22m
Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show.
Ihr Intresse in der Police war es die Vorschüsse abzusichern und das sich die Produktionskosten mit den Fortschritten der Produktion der Show decken.
Expand
ABC7 Court News @ABC7Courts 23m
Trell said it's not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance.
Trell sagt es ist nicht nur üblich und typisch, ein Künstler muss als Standard Nicht-Erscheinungen und Ausfall absichern
Expand
ABC7 Court News @ABC7Courts 24m
Trell said AEG would not advance money without the artist requesting it.
Trell sagt AEG würde kein Geld vorschießen, wenn der Künstler es nicht anfragt.
Expand
ABC7 Court News @ABC7Courts 24m
"Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want," Trell said.
"Produktionswert kann bedeutend sein, mangels besserer Worte, es hängt wirklich davon ab wie viele Glocken und Trillerpfeifen sie wollen," sagt Trell
Expand
ABC7 Court News @ABC7Courts 25m
"Michael Jackson was known to have very elaborated productions," Trell said.
"MJ war bekannt dafür sehr ausgearbeitete Produktionen zu haben, sagt Trell
Expand
ABC7 Court News @ABC7Courts 25m
Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter.
Vertrag: Künstler ist verantwortlich für alle Prouktionskosten und muss sie dem Promotor erstatten
Expand
ABC7 Court News @ABC7Courts 26m
The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million.
Die Vorschüsse mussten AEG Live zurückgezahlt werden vor der Splittung der Einnahmen. Produktionsvorschüsse wurden mit 7,5 Mio. gedeckelt.
Expand
ABC7 Court News @ABC7Courts 27m
The underlying dispute was that a company owned the rights for Jackson's live performance. "The rights needed to be freed up," Trell said
Die zugrunde liegenden Rechtsstreit, dass eine Firma die Rechte an Jacksons Live Performances besitzt. " Die Rechte mussen freigegeben werden", sagte Trell
Expand
ABC7 Court News @ABC7Courts 27m
Part of the advance was to pay off the settlement agreement of $3 million in London court.
Teil des Vorschusses wurde verwendet um das 3 Mio. Settlement Agreement im Londoner Gericht auszuzahlen
Expand
ABC7 Court News @ABC7Courts 28m
AEG Live was promoter and producer. "We advanced the money necessary to mount the tour," Trell explained. "It's interest free money"
AEG Live war Promotor und Produzent. " Wir bevorschussen das Geld um die Tour zu montieren" sagt Trell "Es ist zinsfreies Geld"
Expand
ABC7 Court News @ABC7Courts 30m
Trell said compensation was agreed on 90-10 split. Artist received 90% of what's defined contingent compensation.
Trell sagt, dass die Kompensierung mit einem 90-10-Split vereinbart war. Künstler erhält 90% davon was die die bedingte Kompensation definiert.
Expand
ABC7 Court News @ABC7Courts 30m
Contract: Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made.
Contract: Künster soll eine Anzahl von Konzerten machen auf Routen vom Promotor oder Produzent vorgeschlagen und die Vorschüsse wieder einzufahren.

Expand
ABC7 Court News @ABC7Courts 31m
Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours
Vertrag: Künstler soll perfofmen nicht weniger als 80 Minunten in jeder Show und das Maximum von einer Show soll 3,5 Stunden sein
Expand
ABC7 Court News @ABC7Courts 32m
Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries.
Bina diskutiert den Vertrag für die Tour. Eine erstklassige Performance vom Künstler in jeder Show
Expand
ABC7 Court News @ABC7Courts 33m
"I was probably there just a little less than an hour. And that was the only time I met him," Trell recalled.
"Es war wahrscheinlich weniger als eine Stunde. Und es war das einzige Mal das ich ihn traf, sagt Trel
Expand
ABC7 Court News @ABC7Courts 33m
Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind.
Trell sagt, dass sie alle es unterzeichneten und Mr. Jackson war wirklich vom 3-D-Stuff begeistert, dass in seinem Kopf schon auf dem Weg war.
Expand
ABC7 Court News @ABC7Courts 34m
"He seemed genuinely enthused," Trell added. "He had the contract in front of him, said he read every page, seemed very enthused."
"Er schien wirklich begeistert zu sein, sagte Trell. Er hatte den Vertrag vor ihm und las jede Seite, schien sehr enthusiastisch."
Expand
ABC7 Court News @ABC7Courts 34m
"He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room," Trell said.
"Er sprang auf, stellte sich selbst vor, war sehr herzlich, eine wirklich postive Energie im Rauch, sagte Trell
Expand
ABC7 Court News @ABC7Courts 35m
Trell said they shook hands, he had a good firm handshake and his voice was not what people think.
Trell sagte sie schüttelten die Hände, er hatte einen festen Händedruck und seine Stimme war nicht so wie die Leute denken."
Expand
ABC7 Court News @ABC7Courts 35m
Trell said it was pretty funny, since he was a very distinct person.
Trell sagt, es war sehr lustig, da er eine sehr eigenständige Person war
Expand
ABC7 Court News @ABC7Courts 36m
Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said 'Hi, welcome, I'm Michael."
Bei der Ankunft, Trell sagt, das Mr. Jackson aufstand von wo er saß, und sagte " Hi, Willkommen, ich bin Michael."
Expand
ABC7 Court News @ABC7Courts 36m
Bina showed the jury the final tour agreement. Trell said he went to MJ's home at Carolwood to sign it.
Bina zeigt der Jury das finale Tour Agreement. Trell sagt er ging in MJs Haus nach Carolwood um es unterzeichnen.
Expand
ABC7 Court News @ABC7Courts 36m
"It's my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation," Trell said.
"Es ist mein Verständnis, dass sie darüber sprachen oder mindestens Angebote bekamen von einem Wettbewerber, Live Nations, sagte Trell.
Expand
ABC7 Court News @ABC7Courts 37m
For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts.
Für MJ, Trell sagte Dr. tohme Tohme und die Anwälte Dennis Hawk und Peter Lopez repräsentierten ihn. Er sagt es gab viele Entwürfe.
Expand
ABC7 Court News @ABC7Courts 37m
Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson.
Trell, Philpps und Kathy Jorrie waren involviert in entwerfen und aushandeln des Vertrages mit MJ
Expand
ABC7 Court News @ABC7Courts 38m
Trell said Kenny Ortega was paid after his contract was signed.
Trell sagt K. Ortega wurde gezahlt nachdem der Vertrag unterschrieben wurde
Expand
ABC7 Court News @ABC7Courts 39m
Bina showed Ortega's executed contract with everyone's signature on it.
Bina zeigte Ortegas Vertrag und jeder hatte unterschrieben.
Expand
ABC7 Court News @ABC7Courts 39m
Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion.
Trell sagt, dass er sich an die EMails erinnert und gibt erneut zu nicht darüber stolz zu sein den Teil mit dem Vertrag vergessen zu haben
Expand
ABC7 Court News @ABC7Courts 39m
Bina showed copy of Ortega's contract. A large number of emails are part of the agreement as exhibits.
Bina zeigt Kopie von Ortegas Vertrag. Eine große Anzahl an EMails sind Bestandteil des Exponates
Expand
ABC7 Court News @ABC7Courts 40m
Trell noted he hadn't looked at Ortega's agreement since it was entered into in 2009.
Trell sagt er hat nicht über Ortegas Vertrag geschaut seitdem er in 2009 abgeschlossen wurde
Expand
ABC7 Court News @ABC7Courts 40m
"When we were done here yesterday, I looked at Kenny Ortega's original agreement," Trell said.
"Als wir gestern fertig waren, habe ich über Kenny Ortegas Vertrag geschaut, sagte Trell
Expand
ABC7 Court News @ABC7Courts 41m
As to Ortega's contract, Trell said he was aware ofa string of emails being at least a part of original agreement with Kenny.
Zu Orteags Vertrag sagt Trell, ihm war bekannt eine Reihe von E-Mails, zumindest als Teil der orginalen Vereinbarung mit Kenny.
Expand
ABC7 Court News @ABC7Courts 42m
Trell said he didn't know about all the topics he was designated, so he had to do some studying and interviews with people.
Trell sagt er wisse nicht über Topics Bescheid für die er benannt wurde, so er musste einiges Studium machen und Menschen befragen
Expand
ABC7 Court News @ABC7Courts 43m
Trell explained what PMK is -- Person Most Knowledgeable, identified by the company to testify on its behalf.
Trell erklärt was PKMS heißt- Person mit meistem Wissen, identifiziert von der Firma an seiner Stelle auszusagen.
Expand
ABC7 Court News @ABC7Courts 44m
Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements.
Trell geht durch seine Jobbeschreibung bei AEG. Er sagt er hat 5 Anwälte in seinem Büro und hat an tausenden von Verträgen gearbeitet.
Expand
ABC7 Court News @ABC7Courts 44m
Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical.
2. Report, der an den Estate gemacht wurde am 18. Sept. 2009, es gab keine Betrag bei medizin. Management.
Expand
ABC7 Court News @ABC7Courts 45m
Trell testified Webking, the CFO for AEG, did not ask MJ's Estate for payment of Dr. Murray's salary.
Trell sagte Webking der CFO von AEG hat den Estate nicht bzgl. Dr. Murrays Gehalt angefragt
Expand
ABC7 Court News @ABC7Courts 45m
Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.
Zahl 3: Vertrag nicht unterzeichnet von Michael Jackson und diese Unterzeichnung war Bedingung für jede Zahlungsverpflichtung
Expand
ABC7 Court News @ABC7Courts 45m
Bina showed the report that was attached to the letter. Next to "Management Medical" there's a reference to footnote 3.
Bina ezigt den Repfort dem ein Brief angehängt ist ist. Bei "Managment Medical" gibt es eine Fußnote mit der Zahl 3
Expand
ABC7 Court News @ABC7Courts 46m
Bina: Is there any request for payment?
Trell: No, there's no demand for payment, it's for review
Bina: Gab es eine Anfrage für eine Bezahlung?
Trell: Nein, es gab keine Anfrage für Bezalhung, es war für eine Übersicht.
Expand
ABC7 Court News @ABC7Courts 46m
"It was my understating in June Tohme was back in the picture in some capacity. I'm not sure which, Mr. DiLeo was in it too," Trell said
"Es war mein Verständnis das im Juni Tohme zurück im Bild war. Ich weiß nicht in welcher Kapazität, Mr. Dileo war auch da, sagt Trell
Expand
ABC7 Court News @ABC7Courts 48m
The purpose of the meeting was to wind up the business affairs of the tour due to MJ's death, Trell said.
Der Zweck der Meetings war es die Geschäftsangelegenheiten der Tour abzuwickeln auf Grund von MJ`s Tod
Expand
ABC7 Court News @ABC7Courts 48m
Trell said the report was requested by the Estate after a series of meetings after MJ's death.
Trell sagt, dass der Report vom Estate angefragt wurde nach einer Serie von Meetings nach MJ`s Tod
Expand
ABC7 Court News @ABC7Courts 49m
Jessica Bina began her examination by showing the letter submitted by AEG's CFO to the Estate of Michael Jackson for their review.
Jessica Bina beginnt ihre Befragung indem sie einen Brief von AEG`s CFO an den den Estate von MJ zeigt für deren Übersicht
Expand
ABC7 Court News @ABC7Courts 50m
As to reference in Phillips' email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips' impressions
Zu der Anmelrung von Philpps Email über Dr. Murray unabhnänig, ethisch, nicht den Gig brauchend, sagte Trell, es war Phillips Eindruck
Expand
ABC7 Court News @ABC7Courts 51m
Trell said theoretically they could've asked to check Dr. Murray's background and credit.
Trell sagt theoret. hätten sie anfragen können Dr. Murrays Background und Kredite zu checken.
Expand
ABC7 Court News @ABC7Courts 51m
"He wasn't an employee, he wasn't applying for a full time position with the company," Trell explained.
Er war kein Angestellter, wr hat keine Vollzeitanstellung mit der Firma sagt Trell
Expand
ABC7 Court News @ABC7Courts 51m
Panish asked if there was any reason why Dr. Murray was not given a background check.
Panish fragt ob es einen Grund gibt warum es keinen Background Check für Murray gab
Expand
ABC7 Court News @ABC7Courts 52m
Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work.
Dokument wird für Angestellte, Promotion .........................genutzt
Expand
ABC7 Court News @ABC7Courts 52m
Panish showed a document used by AEG entitled "Disclosure and Authorization to Conduct Background Check"
Panich zeitg ein Dikument, das von AEG genutzt wird
Expand
ABC7 Court News @ABC7Courts 53m
Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor.
Trell sagt niemand von AEG interviewte Dr. Murray, weil er unabhäniger Unternehmer war.
Expand
ABC7 Court News @ABC7Courts 53m
Panish: Isn't it true AEG Live does not do background check on independent contractors?
Trell: That's true
Ist es wahr, dass AEG keine Backgroundchecks mit Unternehmern macht?
Trell: Das ist wahr.
Expand
ABC7 Court News @ABC7Courts 54m
Trell said Phillips never told him that he checked Dr. Murray out.
Trell sagte Philpps sagte ihm nie, dass er Dr. Murray checken soll
Expand
ABC7 Court News @ABC7Courts 54m
Panish: Do you agree w/CEO of your company making untrue statements?
Trell: I don't know that he didn't know it wasn't true when he said it
Panish: Stimmen Sie damit überein das CEOs Ihrer Firma unwahre Statements geben?
Trell: Ich weiß nicht ob er weiß das es nicht wahr ist, wenn er es sagate.
Expand
ABC7 Court News @ABC7Courts 56m
Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say.
Trell: Ich weiß nicht ob das Statement richtig ist. Sie müssen mit Mr. Philipps darüber reden was er damit meinte.
Expand
ABC7 Court News @ABC7Courts 56m
Panish: You don't know if he was successful or facing bankruptcy, did you?
Trell: No
Panish: Sie wissen nicht ob er erfolgreich war oder der bankrott?
Trell: Nein
Expand
ABC7 Court News @ABC7Courts 57m
Panish: That's a flat out lie, isn't it sir?
Panish: Das ist eine Lüge, oder nicht?
Trell: I don't know what Mr. Phillips intended to say, this should be a question to him
Trell: Ich weiß nicht was Mr. Phillips beabsichtigte zu sagen, es sollte eine Frage an ihn sein.
Expand
ABC7 Court News @ABC7Courts 57m
Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn't that true?
Panisch: Aber Niemand von AEG checkte D.r Murray ob er erfolreich war oder nicht, ist das wahr?
Trell: Yes
Expand
ABC7 Court News @ABC7Courts 58m
Email cont'd: This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical.
EMail fortgesetzt: Dieser Arzt ist extrem erfolgreich (wir chekcen jeden aus) und er braucht den Gig nicht, so dass er vollkommen unvoreingenommen und ethisch ist.
Expand
ABC7 Court News @ABC7Courts 58m
Email: Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ
EMail: Dr. Murray wiederholte auch, dass er mental in der Lage ist und er sprach mit mir vom Haus wo er den Morgen mit MJ verbrachte.
Expand
ABC7 Court News @ABC7Courts 58m
Email: He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it
EMail: Er sagt, dass Michael nicht nur in der Lage ist zu performen und entmutigen wird seinen Rückgang vergörßern anstatt zu stoppen.
Expand
ABC7 Court News @ABC7Courts 1h
Email cont'd: I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.
EMail fortgesetzt: Ich hatte eine lange Unterhaltung mit Dr. Murray vor dem ich großen Respekt bekomme wo ich änger mit ihm spreche
Expand
ABC7 Court News @ABC7Courts 1h
Email on 6/20/09 Phillips to Ortega
Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians
E-Mail vom 20.06.09 Phipps an Orteag
Kenny es ist krit. dass Du, ich oder irgendjemand von der Show zu Amateur-Psychiatern wird"
Expand
ABC7 Court News @ABC7Courts 1h
Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009.
Trell sagt AEG machte nichts um Dr. Murrays Finanzsituation in 2009 zu überprüfen.
Expand
ABC7 Court News @ABC7Courts 1h
Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license.
Trell sagt AEG Live machte nichts um Dr. Murray als Arzt zu checken mit Ausnahme seiner Lizenzen.
Expand
ABC7 Court News @ABC7Courts 1h
"He was a significant expense," Trell testified about Dr. Murray.
"Er war eine signifkante Ausgabe" sagte Trell zu Dr. Murray
Expand
ABC7 Court News @ABC7Courts 1h
"I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said.
"Ich habe nie mit Dr. Murray gesprochen. Und ich traf/sprach Mr. Jackson 1-mal." sagt Trell
Expand
ABC7 Court News @ABC7Courts 1h
Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray.
Trell sagt sein Verständnis war es das Dr. Murray für MJ seit 3 Jahren arbeitete, er weiß nicht wie häufig MJ Murray sah.
Expand
ABC7 Court News @ABC7Courts 1h
Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray.
Trell sagt das einzige Mal wo die Unterschrift eines Künstlers für einen Arbeitnehmervertrag erforderlich war, war der Vertrag von Dr. Murray.
Expand
ABC7 Court News @ABC7Courts 1h
Email cont'd: ...and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!"
E-Mail: ....und wir haben keinen Anwalt, keinen Business Manager oder wirklichen Manager am Platz. Es ist ein Albtraum!"
Expand
ABC7 Court News @ABC7Courts 1h
Email on 6/2/09 from Randy Phillips to Jeff Wald:
"Jeff, remember getting MJ to focus is not the easiest thing in the world"
Email am 02.06.09 von R. Philpps an Jeff Wald:
"Jeff, erinner Dich MJ auf etwas fokussiert zu bekommen ist nicht die leichteste Sache der Welt"
Expand
ABC7 Court News @ABC7Courts 1h
Trell: Well, my understanding at the time there were a couple of people acting in that capacity.
Trell: Mein Verständnis zu der Zeit war es das mehrere Leute in dieser Vertretung agierten
Expand
ABC7 Court News @ABC7Courts 1h
Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?
Panish: Im Juni 2009 wussten Sie nicht mal ob MJ einen pers. Manager hatte, richig?
Expand
ABC7 Court News @ABC7Courts 1h
Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance.
Trell sagt Dennis Hawk, der MJ reräsentierte war in Verbindung mit Taylor bezgülich der Versicherung
Expand
ABC7 Court News @ABC7Courts 1h
Panish: Was Dr. Murray trying to help AEG get insurance?
Trell: The policy was in both names, so he was helping both parties.
Panish: Wollte dr. Murray AEG helfen Versicherungsschutz zu bekommen?
Trell: Die Police war in beiden Namen, so er half beiden Parteien.
Expand
ABC7 Court News @ABC7Courts 1h
Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
Panich: So viel Sie wissen wurden alle Vereinbarungen für die TII Tour unter AEG Live Productions gemacht, richtig.
Trell: Yes
Trell: Ja
Expand
ABC7 Court News @ABC7Courts 1h
Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse.
Trell sagt auch das Dr. Murray anfragte, dass AEG eine Krankenschwester und Medezin. Equipement bot.
Expand
ABC7 Court News @ABC7Courts 1h
Trell told the police that day that Dr. Murray would receive $150,000 compensation per month.
Trell sagte der Polizei das Dr. Murray ei Gehalt von 150000 Dollar im Monat erhalten würde.
Expand
ABC7 Court News @ABC7Courts 1h
Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010.
Bruce Black Anwalt für Anschuutz war anwesend bei einem Treffen mit LAPD. Trell traf sich mit der Polizei am 12.01.2010.
Expand
ABC7 Court News @ABC7Courts 1h
After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no.
Nach dem Lunch Break fragt Panish Trell ob er etwas in seiner Aussage ändern möchte. Trell verneinte.
Expand
ABC7 Court News @ABC7Courts 1h
Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance.
Trell verneint ein Telefonat mit Mr. Taylor gehabt zu haben wo Trell Taylor fragt ob das Gehalt von Murray von der Versicherung abgedeckt wird.
Expand
ABC7 Court News @ABC7Courts 1h
Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
Trell: Mr. Taylor has this completely wrong
Panish: Holt dies Ihre Erinnerung zurück, dass AEG Dr. Murray angestellt hat?
Trell: Mr. Taylor liegt vollkommen falsch.
Expand
ABC7 Court News @ABC7Courts 1h
Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it.
Panish zeigt Trell eine Deposition unter Eid agegeben vom Versicherungsagent Bob Taylor. Trell sagt er hat es nie gesehen oder gelesen.
Expand
ABC7 Court News @ABC7Courts 1h
Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:
Subject: AEG Live president says AEG Live hired Dr. Conrad Murray
Email von Kathy Jorrie an Bruce Black und Michel Rot am 25.08.09
Thema: AEG Live Präsident sagt AEG Live hat Dr. Murray angestellt
Expand
ABC7 Court News @ABC7Courts 1h
Bruce Black is the General Counsel for parent company of AEG and AEG Live.
Michael Roth is AEG's media relations.
Bruce Black ist der General Counsel für Elterngesellschaft von AEG und AEG Live
Michael Roth ist AEGs Medienbeauftragte
Expand
ABC7 Court News @ABC7Courts 1h
Panish said AEG higher-ups became concerned after Phillips made such admission.
Panish sagt die AEG-Oberen waren besorgt, dass Phillips eine solche Aussage machte.
Trell said he didn't know if that was true.
Trell sagt er weiß nicht ob das wahr ist.
Expand
ABC7 Court News @ABC7Courts 1h
"I don't know what you mean about admitted, he made that statement," Trell said.
"Ich weiß nicht, was Sie mitzugeben meinen, er machte das Statement." sagt Trell
Expand
ABC7 Court News @ABC7Courts 1h
On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray.
Am 1. Juli, 5 Tage nach MJ`s Tod gab Phillips SkyNews ein IV sagend, dass AEG Live Dr. Murray anstellte.
Expand
ABC7 Court News @ABC7Courts 1h
Panish: Isn't it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
Panish: Ist es nicht wahr, das R. Philipps zahlreiche Kommentare machte, dass AEG Live Dr. Murray anstellte?
Trell: I know he has made that statement
Trell: Ich weiß das er das Statement machte.
Expand
ABC7 Court News @ABC7Courts 1h
"Every document is a draft until it is executed," Trell said.
"Jedes Dokument ist ein Entwurf bis es unterschrieben ist", sagt Trell
Expand
ABC7 Court News @ABC7Courts 1h
Panish: Did Ms. Jorrie call this contract a draft?
Panish: Hat Ms. Jorrie Vertrag einen Entwurf genannt?
Trell: She called it a Final Version
Trell: Sie bezeichnete es als endgültige Version
Expand
ABC7 Court News @ABC7Courts 1h
The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie.
E-Mail sagt, dass Dr. Murray es genehmigt hat, er druckt es aus, unterzeichnet es und sendet es Jorrie zurück.
Expand
ABC7 Court News @ABC7Courts 1h
Email: I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
E-Mail: Ich habe die Word Version ausgegrenzt so dass sie alle Überarbeitungen sehen könne. Darüber hinaus habe ich eine bearbeitete PDF-Version angehängt.

Expand
ABC7 Court News @ABC7Courts 1h
Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray
E-Mail vom 32.06.09 5:39pm von Jorry an Wolley, Murray
Thema: RE: Michael Jackson-Überabreitete Vereinbarung mit GCA Holidngs/Dr. Murray
Expand
ABC7 Court News @ABC7Courts 1h
Attachments:
Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09
Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09
Expand
ABC7 Court News @ABC7Courts 1h
Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:
Subject: Revised agreement with GCA Holdings/Dr. Murray
It had two attachments
E-Mail von Kathy Jorie Shawn Trell am 24.06.2009 und 12.54 Uhr
Thema: Überarbeitete Vereinbarung mit GCA Holdings/Dr. Murray. Es hat 2 Anhänge.
Expand
ABC7 Court News @ABC7Courts 1h
"I don't think conflict of interests are a good thing, and we would want to prevent it," Trell said.
"Ich denke nicht das Intressenkonflikte gut sind und wir würden sie verhindern wollen, sagt Trell
Expand
ABC7 Court News @ABC7Courts 1h
Trell: I certainly wasn't aware of it at the time
Trell: Ich war mir sicherlich nicht bewusst zu diesem Zeitpunkt?
Panish: Because you didn't check, right?
Panish: Weil Sie es nicht checkten, Richtig?
Trell: That's right
Trell: Das ist richtig.
Expand
ABC7 Court News @ABC7Courts 1h
As to Dr Murray being under dire financial straits, Trell said that he doesn't know if he agrees with it, everyone's perception is different
Das Dr. Murray unter Geldnot litt, Trell sagt er weiß nichh ob er zugestimmt hätte, jedermanns Wahrnehmung ist anders
Expand
ABC7 Court News @ABC7Courts 1h
"If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained
"Wenn die Konzerte nicht vorwärts gehen, so wie gedacht, unter diesen Umständen würde Dr. Murray nicht weiter gezhalt", sagt Trell
Expand
ABC7 Court News @ABC7Courts 1h
"It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract.
"Es heißt für Michael Jackson ist es möglich Dr. Murray zu kündigen" sagt Trell über den Vertrag
Expand
ABC7 Court News @ABC7Courts 1h
"We did nothing to monitor Dr. Murray," Trell said. "We did not monitor whatever it was that he was doing, no."
"Wir haben nichts gemacht um Dr. Murray zu überwachen", sagt Trell. "Wir überwachten nicht was immer er machte, nein."
Expand
ABC7 Court News @ABC7Courts 1h
Trell testified he doesn't believe the artist is more at risk because AEG Live doesn't do background check.
Trell sagt, dass er nicht glaubt, dass der Künstler ein größeres Risiko ist weil AEG Live keine Background-Checks macht.
Expand
ABC7 Court News @ABC7Courts 1h
"When they leave the environment, what they do on their own time is their own business," Trell said.
"Wenn sie die Umgebung verlassen, was sie machen ist ihre eigene Zeit, ihre Angelegenheit, sagt Trell."
Expand
ABC7 Court News @ABC7Courts 1h
Panish: you don't do anything to check into background, supervise or protect the artist?
Trell: No, safety is a concern
Panish: Sie haben keinen Hintergrundcheck gemacht zur Überwachung und Schutz für den Künstler?
Trell: Nein, Sicherheit ist ein Anliegen.
Expand
ABC7 Court News @ABC7Courts 1h
As to independent contractors, Trell said there's no supervision and monitoring like there's for employees.
Für einen Auftragnehmer-Vertrag gibt es keine Unterweisung oder Überwachung wie für Angestellte.
Expand
ABC7 Court News @ABC7Courts 1h
Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.
Abhänig von der Natur der Positon kann ein Background-Check gemacht werden, sagt Trelll für möglichen Angestellte in der finanz. Ära.
Expand
ABC7 Court News @ABC7Courts 1h
Trell agreed that no background check was done on anyone working on "This Is It" tour.
Trell stimmt zu, dass es keine Backgroundchecks mit irgendjemand bei der TII-Tour gab.
Expand
ABC7 Court News @ABC7Courts 1h
Trell testified that when it comes to independe contractors, they have either worked with the artists, AEG or known in the industry.
Trell sagt aus wenn es zu einem Auftragnehmervertrag kommt habe sie entweder mit dem Künstler gearbeitet oder AEG oder die Industrie kennt ihn

Expand
ABC7 Court News @ABC7Courts 1h
Panish: There was no hiring criteria for the TII tour, correct?
Trell: Not to my knowledge

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 8. Teil

21. Mai 2013

Gestern hat Brian Panish, Anwalt für die Jacksons, Shawn Trell, den Leiter der Rechtsabteilung von AEG Live, befragt. Man durfte gespannt sein, wenn zwei Juristen aufeinander treffen und der Zeuge ja eigentlich für die Gegenseite tätig ist.

Fest stand bereits zuvor, dass der Vertrag zwischen Conrad Murray und AEG bzw. Michael Jackson nur von Murray, am Tag vor Michael Jacksons Tod, unterzeichnet worden war. Entsprechend argumentiert ja AEG schon von Anfang an, dass der Vertrag nicht rechtsgültig sei und sie nicht für die Anstellung von Murray zur Verantwortung gezogen werden können. Wie sich nun aufgrund diverser E-Mails, die Panish dem Zeugen vorlegte, herausstellte, hatte Kenny Ortega auch keinen Vertrag mit AEG. Panish fragte Trell entsprechend, ob AEG Kenny Ortega basierend auf diese E-Mails bezahlt hätte. Ja, so Trell, in Kennys Fall war das so. “Und Dr. Murray hatte mit AEG eine Vereinbarung gestützt auf eine Anzahl von E-Mails?” so Panish an Trell. “Nein, das glaube ich nicht,” antwortete Trell. Auf die Frage, wieso Kenny Ortega denn keinen Vertrag brauchte, antwortete Trell, dass Ortegas Fall anders läge.

Brian Panish zeigte dann den Geschworenen eine Anzahl von E-Mails zwischen Conrad Murray und diversen AEG Direktoren. Darunter war eine E-Mail vom 8. Mail 2009, in der Paul Gongaware, der co-CEO von AEG Live, damit einverstanden war, Murray USD 150’000 pro Monat zu bezahlen. In einer zweiten E-Mail befasste sich Tim Woolley, der für diesen Fall zuständige Buchhalter von AEG Live, mit den Anstellungsbedingungen von Conrad Murray, einschliesslich einer Bestimmung, dass Murray nicht im gecharterten Flugzeug von Michael Jackson mitfliegen, er aber erste Klasse fliegen würde. In einer weiteren E-Mail, datiert vom 22. Mail 2009, schrieb Conrad Murray an Tim Woolley, dass er einen ungültigen Cheque an ihn faxen würde, damit sie ihm das Geld direkt auf sein Konto überweisen können. Als Brian Panish gestützt auf all diese E-Mails darauf bestand, dass Conrad Murray im Mai 2009 für AEG gearbeitet hatte, antwortete Trell erstaunlicherweise (oder auch nicht erstaunlicherweise, wenn man sieht, was AEG bis jetzt schon alles für Fauxpas geleistet hat): “Nein. Mit dieser Aussage bin ich überhaupt nicht einverstanden.” Okay…

Noch besser (oder peinlicher, je nachdem, von welcher Seite man es betrachtet) wurde es dann, als Panish Trell einen Bericht zeigte, den AEG nach dem Tod von Michael Jackson dessen Nachlassverwaltung geschickt hatte und in dem sie verlangt hatten, dass ihnen USD 300’000, die AEG an Conrad Murray ausbezahlt hätten, zurückerstatten sollten. Man erinnere sich, dass frühere Zeugenaussagen bereits aufgezeigt hatten, dass Murray von AEG nie bezahlt worden war. “Meines Erachtens handelt es sich hierbei um einen Fehler”, so Trell schlicht.

Brian Panish zeigte den Geschworenen auch eine E-Mail von Kenny Ortega an Randy Phillips, CEO von AEG Live, in der ersterer nur wenige Tage vor Michael Jacksons Tod geschrieben hatte, dass es bei Michael starke Anzeichen für Paranoia, Angst sowie zwanghaftem Verhalten gebe. “Ich glaube, es wäre am besten, wenn wir einen top Psychiater holen, der ihn so schnell wie möglich beurteilen kann. Ich glaube fest, dass wenn ich ihn dazu ermutigt oder es ihm erlaubt hätte, letzte Nacht auf die Bühne zu kommen, er sich hätte verletzen können. Ich glaube, wir brauchen in dieser Sache professionelle Hilfe”, so Ortega in seiner E-Mail. Trell sagte, dass AEG mit Michael und Conrad Murray noch am selben Tag ein Treffen gehabt hätten. “Ich denke also, sie haben das ernst genommen”, so Trell. An jenem Meeting soll Michael Jackson gesagt haben, er werde sich bessern und Murray soll damit einverstanden gewesen ein, dabei zu helfen. Und was meinte AEGs Anwalt Marvin Putnam dazu? “Michael und der Arzt betonten, dass er OK sei. Sie hatten es unter Kontrolle”. Kein Kommentar.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-8-teil/
Copyright © jackson.ch

[Lena]

Kevin Boyle, der Anwalt der Jackson-Familie sagt, dass Sie AEG im Januar und März Angebote für eine Settlement machten, aber sie erhielten nie eine Antwort von AEG. Boyle nannte keine Details, aber AEG`s Versicherung hätte gezhalt, "was heißt sie hätten den Fall settlen können ohne auch nur einen Penny selbst zu zahlen."
AEG habe nie angeboten zu settlen "und sie haben sich nie entschuldigt." AEG-Anwalt Putmann sagt, sie setteln keine Angelegenheiten die basislos sind. Wir glauben das dies in diesem Fall so ist. Ich kann nicht sehen, dass wir ein anderes Settlement als einen Shakedown in Betracht ziehen würden."

Also ich müsste jetzt meinen Post raussuchen, aber vor einigen Monaten sagte ich bereits, wenn die Jacksons ein Settlement geboten bekämen würden sie sofort zuschlagen. Das zum Thema Gerechtigkeit für Michael von Seiten der Familie.


Michael Jackson's family offered to settle lawsuit, lawyer says

May 21, 2013, 12:30 p.m.

A lawyer for Michael Jackson’s family said they offered to settle their wrongful-death suit against concert promoter Anschutz Entertainment Group, but that they never got an answer.

Kevin Boyle, an attorney for Jackson’s mother and three children, said the family made the offers in January and March.

Boyle would not provide details but said AEG’s insurance would have paid, “which means they could have settled the case without them paying a dime of their money.”

He said AEG has never offered to settle “and they haven’t apologized.”

Marvin Putnam, an attorney for AEG, said it was inappropriate to discuss settlement discussions.

“We don’t settle matters that are utterly baseless,” he said. “We believe that is the case in this matter. I can’t see Why we would consider a settlement as anything other than a shakedown.”

AEG was the promoter and producer of Jackson's comeback concert series in London. The singer died June 25, 2009, at the end of rehearsals, of an overdose of the anesthetic propofol administered by Dr. Conrad Murray.

The Jacksons say in their lawsuit that AEG negligently hired and supervised Murray. AEG says Jackson hired Murray and that any money the firm was supposed to pay him would have been loans to the singer.

The trial, in its fourth week, is expected to take as long as three more months.
http://www.latimes.com/local/lanow/la-me…0,6307620.story

[Lena]

Rebbie, Trent und Kathrine Jackson sind im Gericht. Heute ist weiterhin der AEG-Anwalt Shawn Trell im Zeugenstand. Es wird erwartet das seine Aussage den ganzen Tag benötigt. Er revidierte heute zunächst seine Aussage von gestern und sagte, dass K. Ortega sehr wohl einen unterschriebenen Vertrag hatte. Zudem diskutierte Panisch mit Trell die bereits bekannten Ortega-E-Mails über MJ`s Gesundheit. Auch E-Mails zwischen Philipps u. Gongaware über MJ`s Gesundheit wurden gezeigt.

Anthony McCartney @mccartneyAP 36m

Updated story on this morning's change in AEG lawyer Shawn Trell’s testimony: http://bit.ly/12Tdhdu
Kurzfassung anzeigen

Anthony McCartney Anthony McCartney @mccartneyAP 44m

Panish also displayed emails between AEG Live CEO Randy Phillips and exec Paul Gongaware on Jackson’s health.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 45m

Panish and Trell reviewed several of the emails that have already been shown, including Ortega’s concerns about MJ’s health.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 45m

Plaintiff’s attorney Brian Panish asked Trell about emails regarding insurance for Jackson, and the singer’s health.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 48m

We're on the morning break in Jackson vs. AEG. Updated story on Shawn Trell's revised testimony coming soon.
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 48m

AEG lawyer now says Kenny Ortega had signed contract, reversing his testimony from yesterday: http://yhoo.it/14NSTMj
Kurzfassung anzeigen
Anthony McCartney Anthony McCartney @mccartneyAP 2h

AEG General Counsel Shawn Trell will be on the stand. Expected to be testifying all day. #JacksonTrial
Öffnen
Anthony McCartney Anthony McCartney @mccartneyAP 2h

Getting close to starting in Jackson vs AEG trial. Katherine, Rebbie and Trent just arrived at the courtroom.