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

[geli2709]

AEG execs face questions about Michael Jackson's death

By Alan Duke, CNN
May 20, 2013 -- Updated 2046 GMT (0446 HKT)

STORY HIGHLIGHTS

* NEW: AEG Live exec says listing doctor's fees as "production costs" was a mistake
* NEW: AEG Live asked Jackson estate to repay $300,000 for the doctor
* AEG Live's controller confirms company budgeted $1.5 million for Michael Jackson's doctor
* An AEG expert testifies it should have been "a red flag" when Murray asked for $5 million

Los Angeles (CNN) -- AEG Live asked Michael Jackson's estate to repay the concert promoter $300,000 for Dr. Conrad Murray's fee three weeks after Jackson's death, court testimony revealed Monday.

The revelation contradicts AEG Live's defense that it did not hire or pay the doctor convicted in Jackson's death.

"To me, it's a mistake," AEG Live Senor Vice President and General Counsel Shawn Trell said when confronted with a letter sent to Jackson's estate.

Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company's chief financial officer made another major error by classifying Dr. Murray's fees as "production costs" and not "advances" in all of the budgets for Jackson's "This It It" tour.

"Mistakenly, yes," Trell said.

Despite these "mistakes," Trell called the CFO "a very detailed-oriented guy."

Jackson's mother and children are suing AEG Live, contending the concert promoter is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Murray, who was convicted of involuntary manslaughter.

The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.

AEG Live lawyers counter that it was Jackson who chose, hired and supervised Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol, the drug the coroner ruled killed Jackson, to treat his insomnia, they argue.

Testimony from Trell -- and, earlier, AEG LIve controller Julie Hollander -- showed the company's budgets included $1.5 million to pay Murray $150,000 a month.

The budget terminology could be key in the jury's decision on AEG's liability, since production costs were the promoter's responsibility, while advances were basically loans to Jackson. The revelation that the doctor's fees were designated as production contradicts the defense that AEG lead lawyer Marvin Putnam shared with CNN before the trial.

AEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use his "MasterCard," Putnam said. "If you go to your doctor and you pay with a credit card, obviously, MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance."

Jackson manager's e-mails found, could be key in AEG trial
The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson's death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.

The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.

Panish, speaking outside of the courtroom Friday, said he would also ask Trell about AEG's insurance claim, which he said his team recently discovered was filed with Lloyds of London on June 25, 2009, hours after Jackson was pronounced dead at UCLA Medical Center.

That revelation may not relate to the heart of the wrongful death lawsuit against Michael Jackson's last concert promoter, but Jackson lawyers hope it could sway jurors to see AEG Live executives as motivated by money over the pop icon's needs.

Wade Robson calls Michael Jackson 'a pedophile'

A Lloyds of London underwriter later sued AEG, claiming the company failed to disclose information about the pop star's health and drug use. AEG dropped its claim for a $17.5 million insurance policy last year.

Jackson lawyers played video testimony of one of AEG's own expert witnesses Friday -- 25-year veteran tour manager Marty Hom.

The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Murray.

He was asked if AEG Live should have realized something was wrong when Murray initially asked for $5 million a year to work as Jackson's personal physician. "That raised a red flag because of the enormous sum of money," Hom testified.

Hom acknowledged he had not seen many of the documents and depositions in the case, and AEG was considering him for a job as the Rolling Stones tour manager at the same time he was asked to testify.

http://edition.cnn.com/2013/05/20/showbiz/jackson-death-trial/index.html

[rip.michael]

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

Katherine, Rebbie and Trent Jackson were at court.

Before testimony starts, Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Apparently someone (person wasn’t identified) spoke with a juror, which is a big no-no. Could lead to a mistrial. (AP&ABC7)

Julie Hollander Testimony


AEG cross

Each member of the crew, dancers, musicians had an agreement as to weekly payment, Hollander explained. (ABC7)

Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed. Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor's employer. (ABC7)

Contract: Dr. Murray represented he's licensed cardiologist practicing in Las Vegas and that he acts as the Artist's general practitioner. (ABC7)

Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service (ABC7) AEG attorney Jessica Stebbins Bina went over part of Conrad Murray’s contract related to how he would have been paid. Julie Hollander testified she was told not to pay Murray until the contract was signed by all parties, including AEG and Jackson. Hollander said last week that she was told not to pay Murray until Jackson’s signature was on the contract. (AP)

Hollander said she has never seen an agreement where the artist had to sign off on a contract for services. (ABC7) Hollander said last week that she was told not to pay Murray until Jackson’s signature was on the contract.AEG exec Julie Hollander re-iterated last week’s testimony that she Murray’s contract was only one she saw requiring MJ’s signature. She said today that she hadn't seen any other contract that required artist’s signature in her experience. Hollander said she thought Jackson’s signature was required due to the personal nature of the services. (AP)

Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred. Bina showed Hollander report she prepared on 10/21/09 that was sent to MJ's Estate with the costs incurred as advances for the TII tour.

Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.(ABC7) Julie Hollander told a jury the tally involved expenses compiled through October 2009, roughly three months after the death of the pop star. Budget documents shown Monday in the Los Angeles courtroom show the production was more than $2 million over budget, and that AEG made no payments to Conrad Murray (AP).

Budget Total:
Budget: $22,228,000
Actual: $24,835,011

Management Medical
Budget: $300,000
Actual: Zero

Public Relations
Budget: $18,000
Actual: Zero

Rehearsal Per Diems:
Budget: $175,000
Actual: $89,751

Rehearsal Facilities:
Budget: $871,000
Actual: $1,553,558 (ABC7)


Jackson re-direct

In re-direct, Panish asked Hollander if it was true that public relations was not paid $18,000 because MJ died. She said no. (ABC7)

Panish: Do you know what that $18,000 is for?
Hollander: No (ABC7)

Panish: Budget and actual payment for rehearsals per diem were different because Mr. Jackson died, correct?
Hollander: No (ABC7)

Hollander didn't know the per diem schedule, so she said she didn't know the answers. (ABC7)

Panish: You didn't pay Dr. Murray, did you?
Hollander: No

Panish: That's why it's not there (on doc shown)
Hollander: Yes (ABC7)

But all the estimates include payment for Dr. Murray, Panish asked. "That's what shows in this paper," Hollander responded. (ABC7)

Contract: promoter shall make advanced to cover mutually-approved production costs up to but not exceeding $7.5 million. (ABC7)

Panish shows Dr. Murray's contract and asked Hollander if anywhere in the agreement is says this was a draft agreement. In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved, Hollander explained. Panish: Is it your experience people sign draft agreements? Hollander: My experience is that until everyone signs, it can be changed. If this version had been signed by everybody, would've been final, Hollander said. The contract was from 5/1/09 until the end of TII tour (ABC7)

I was told it was put in there at the request of the artist, Hollander said. Panish asked if MJ had to approve $150K payment for Dr Murray (ABC7)

I've never been involved in a tour where AEG hired a doctor, Hollander said. "It's never happened before." I know in my experience it's not typical for a promoter or producer to hire a doctor, Hollander said. (ABC7)

Panish questioned Hollander about Dr. Murray's company and she said it was a LLC in Nevada. "Do you know what GCA is? Does it sell popcorn?" (ABC7)

Panish asked Hollander if there's written policy against someone working for AEG without executed contract? She said she isn't aware of any. Hollander said there's a policy against paying people without fully executed contract. (ABC7)

Hollander said tour promoters don't get involved in what it takes to actually put the show together. The artist does. AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified. Acting as producer you get more money than just as promoter, right? Panish asked. Hollander agreed, saying they have earning potentials. (ABC7)

Hollander said the Michael Jackson Estate approved the cost of the tour expenses incurred by AEG. (ABC7)

Panish: You don't know whether the artist was supposed to approve the cost while it was incurred and not after his death, correct? (ABC7)

Panish asked Hollander how it was that she testified last week she worked in 20 concerts and today she said it was more than 100. Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours. My estimates was 20 tours up until 2009, Hollander said. From 09 to today, she said it's upward of 100. (ABC7)

Panish: Do you have any understanding whether Dr. Murray expected to get paid? Hollander: Only along those lines, yes (ABC7)


Julie Hollander was then excused subject to recall if needed.



Shawn Terrell Testimony

Jackson Direct

Katherine Jackson's attorneys called Shawn Trell as next witness. Brian Panish doing questioning, Trell is an adverse witness. (ABC7)

Shawn Trell is the Senior Vice President and General Counsel for AEG Live for 10 years. He's been with the company for 13 years. (ABC7)

Trell said he met with defendants attorneys for a few hours Saturday and Sunday, reviewed documents to refresh his recollection. (ABC7)

I'm the client's representative in the court, Trell said. (ABC7)

Plaintiff’s attorney Brian Panish asked Trell about his relationship with AEG’s trial counsel, Marvin Putnam.Putnam and Trell went to law school together, but Trell said he’s only known Putnam for three or four years. (AP). Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started. (ABC7)

Attorney Shawn Trell was the one who drafted and edited Michael Jackson’s contract with AEG Live. (AP) Panish: Did you enter in a contract with Mr. Jackson for TII tour? Trell: Yes

Trell said he was involved in drafting the agreement, but in his deposition, he said he had drafted it himself. (ABC7)

Panish also asked Trell about his knowledge of Michael Jackson’s interest in producing movies with an AEG film group. Trell said he knew Jackson wanted to produce movies, but he wasn’t aware that MJ wanted to work specifically with AEG. (AP) Trell said he's aware MJ wanted to produce films and Anschutz has a film company. He wasn't aware that MJ and Anschutz met about TTI movie (ABC7) Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie. (ABC7)

Trell said he never discussed with Tim Leiweke, former AEG's CEO, about MJ. Leiweke is no longer with AEG, Trell said.(ABC7)

Trell was interviewed by LAPD. "I think they were interested in what we knew about Dr. Murray," she testified. (ABC7) Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn't recall. (ABC7)

Trell said he's confident he turned over all the material requested of AEG Live. Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents. Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG. Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell. (ABC7)

Panish asked if AEG Live sent a letter to MJ's Estate after he died trying to recoup money. Trell said he didn't recall. Panish showed an AEG Live letter written to MJ's Estate with costs incurred for the tour. It was signed by AEG's CFO. "This report was sent to the Estate as an accounting and an effort to recoup the money based on the agreement," Trell said. The report indicated around $30 million had been spent on the production of the tour. The report included $300K to pay Dr. Murray. Panish noted that the report was sent to MJ's Estate to recoup money "spent." AEG never paid Dr. Murray. "To me, it was a mistake," Trell said about including payment to Dr. Murray. (ABC7) Plaintiff's attorney showed Trell a July 2009 letter to Jackson's estate aiming to recoup production expenses, including $300k for Murray. Trell said including Murray as a production cost in the budgets and letter to Jackson estate was a mistake. (AP)

Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company's chief financial officer made another major error by classifying Dr. Murray's fees as "production costs" and not "advances" in all of the budgets for Jackson's "This It It" tour. (CNN)

"Mistakenly, yes," Trell said.
Despite these "mistakes," Trell called the CFO "a very detailed-oriented guy." (CNN)

MJ was given $5 million in advance: $3 million was to pay settlement of a lawsuit, $100,000/month for Carolwood house lease. Trell said MJ was already in the house at Carolwood when they entered into the agreement. AEG was to assist MJ to get $15 million in credit line, or would advance the money, so MJ could buy a house in Las Vegas, Trell testified. (ABC7)

Trell said Tohme Tohme was acting as MJ's manager at the time and was to be paid no more than $100,000. Panish asked if AEG Live ever had a contract that included pay for artist's personal manager's salary: "I don't recall one." "This was the only time we paid a personal manager," Trell testified. AEG Live's producer's fee: 5 percent of net tour income. (ABC7)

Panish asked if Dr. Murray was listed in every budget after May 8, 09: "He was listed incorrectly as production cost," Trell said. (ABC7)

After lunch break, Panish asked Trell is AEG was getting 5% as producer and 10% as promoter of the show, and he said yes. Panish shows a document with AEG Mission Statement. One of bullet points is "to create land maximize revenue streams." (ABC7)

As of June 2009, Trell said AEG was not sure the extent of Jackson's assets to secure the interests of the company. "There's an inherent risk in any commercial undertaking," Trell said. It wasn't a sure thing that AEG would get back the $35 million spent. By the time they spent $35 million, tickets were already been sold, Trell said and they knew tour was sold out. The development of a tour is a fluid thing, there were conversations between our side and MJ's side all the time, Trell said. "I don't know when I became aware the production cost exceeded $7.5 million," Trell testified. As to non-appearance insurance, Trell said he got insurance for $17.5 million. (ABC7)

Panish: After MJ died, you drafted an agreement to approve productions costs?
Trell: Yes (ABC7)

The letter was drafted on June 28, 2009, 3 days of MJ's death. "I wouldn't characterize it as trying to get the monies back," Trell said. Panish explained the letter was to get confirmation of all the money spent so AEG could recoup the money spent. (ABC7)
Trell said there was nothing in writing saying Mr. Tohme was an officer of MJ's company. He said Mr. Tohme verbalized it to him, though. "I had nothing in writing," Trell said about Tohme representing MJ. "Presumably they could've objected if they felt it wasn't true." Trell said Mr. Tohme represented to him he was representing MJ. "I had no reason not to believe him," Trell said. (ABC7)
He was also asked about a letter he sent to Tohme Tohme, MJ’s onetime manager. Jackson’s agreement with AEG Live called for Tohme to be called $100,000 a month, but Tohme was never paid. (AP) Trell said he drafted the agreement that Mr. Tohme was going to be paid by AEG as part of production cost. "We were making that payment." Trell said he didn't know who came up with the $100K figure to pay Mr. Tohme. "AEG was facilitating an agreement between MJ and Dr. Tohme." Tohme was not paid. "That was because there were some conditions in the agreement not met." (ABC7) Shawn Trell testified that he found out after the contract was signed that Jackson didn’t authorize Tohme’s payments.(AP) "Subsequently, I learned Mr. Jackson had not approved the payment," Trell testified. "MJ didn't authorize, so it wasn't going to get paid," Trell said, explaining he learned it either from Randy Phillips or Frank DiLeo. (AB7) “If Michael Jackson didn’t authorize it, it wasn’t going to get paid,” Trell said regarding Tohme Tohme’s payments. (AP) On 5/5/09, MJ wrote: "At my direction and effective immediately, Dr. Tohme Tohme is no longer authorized to represent me in any capacity" (ABC7)

Panish: are you license to practicing law in CA?
Trell: no, not in all aspects (ABC7)

Trell is registered as in-house counsel for AEG. He's never taken the CA bar test.(ABC7)

Bob Taylor is an insurance broker, Trell said, and Lloyds of London is one of the underwriters of the type of insurance they were seeking. Panish shows a document where MJ was required to have a physical exam so broker could take the results to the insurance companies. Trell said he asked the question why insurance broker had chosen Dr. Slavit in NY and not a doctor in LA. The payment of the doctor was going to be 50/50 between the insurance broker and AEG, Trell said. Trell testified that it was the broker's belief that without physical exam there would be no way to get insurance. An email shows Trell inquired if it was really necessary to incur $10K in expense to get the medical exam completed. Trell said he never saw Dr. Slavit's report, or any other report, regarding MJ's physical exam; didn't know what kind of doctor he was. Trell said he learned through Taylor they wanted to get a number of years about MJ medical history. "They were concerned he had skin cancer" "The policy was otherwise issued, but this was to add illness," Trell said. They required 2nd examination in London; wanted to see rehearsal. Trell said he never saw a request for a second medical exam in any tour. (ABC7) Plaintiff’s attorney Brian Panish also questioned Trell extensively about concert cancellation insurance for Jackson. An insurance broker was pressing AEG for a medical examination of Jackson before agreeing to write the policy. Emails between Trell and the broker showed there were concerns by insurers in London about Jackson’s health. One of the emails said Jackson was getting “mauled” by tabloid press over health concerns. Trell said concern was Jackson had skin cancer. Trell and the broker went back-and-forth a lot over in Jan. 2009 which doctor would do the exam. In the end, a NYC doc examined Jackson. Trell said he never saw the results of the medical examination. In March, insurers wanted another exam of Jackson in London. The second examination would cover illness, but insurers wanted another med exam and to attend full dress rehearsal, Trell said. Trell said he also inquired about life insurance for Jackson. He said AEG had inquired about that for other artists, but didn't specify. (AP)

Panish: the insurance wanted additional medical exams because they were concerned, weren't they?
Trell: I have no idea (ABC7)

Panish showed email from the insurance broker to AEG execs with several question: details of coverage required, if artist had doctor on tour. Trell said he doesn't know whether this email with the requests was ever sent to MJ's people. Trell said Dr. Murray was asked later to help with these answers. "It was thought that he might be of some help." Panish asked if Trell sought life insurance on MJ where they would be the beneficiaries. "An inquire of that was made to Mr. Taylor." "We have no coverage against MJ sickness unless and until MJ submits to another medical in London." "It was important to get that medical done," Trell testified. He said policy would kick in on death, but not illness. (ABC7)

Panish: You were working on getting insurance on the day MJ died, weren't you sir?
Trell: I don't recall (ABC7)

Given the hour MJ died, Trell said he thinks he was not on the phone with Bob Taylor negotiating more insurance for MJ. (ABC7)
Panish showed email from Gongaware to the insurance broker on June 24, 2009:
"Dr. Murray can comment on the availability of the records." (ABC7)

Panish said the amount of coverage was the maximum the underwriters were willing to cover, Trell agreed; it was effective April/early May. Two days before MJ died, Trell asked broker for longer insurance coverage: "Term insurance is a reference to a form of life insurance" Trell said he was looking for other options to cover the gap for what had already been spent. (ABC7)

AEG made a claim on the insurance, Trell said.
Panish: You made the claim the night MJ died, didn't you?
Trell: I don't recall the date; it wasn't Jun 25th when I sent letter to Taylor
Panish: Were you speaking with Taylor about MJ being sick on the day he died?
Trell: I don't recall speaking with Mr. Taylor on the 25th (ABC7)

Panish asked if Trell discussed w/ Taylor about recouping Dr. Murray's production cost. He said they'd typically pass along the costs. (ABC7)

Trell said he spoke with Randy Phillips about MJ's health and physical condition, as well as Phillips' interaction with Dr. Murray.

Panish: Did Mr. Phillips tell you MJ was in bad shape prior to June 25?
Trell: Yes, on June 19 (ABC7)

Trell said there were no AEG employees at rehearsal on June 19. He learned about MJ's feeling ill during the executive management meeting. Trell said he never spoke with Dr. Murray about MJ's condition. Randy Phillips learned about MJ's physical condition through Kenny Ortega, the tour director for TII, Trell said. (ABC7)

Panish: Within one week of MJ's death, the executive management was told about MJ poor physical condition?
Trell: The events on June 19, yes (ABC7)

The tour's director Kenny Ortega was being paid based on an agreement laid out solely in emails, AEG General Counsel Shawn Trell told jurors. (AP) "Ortega's contract was a series of emails between us" Trell said. "He didn't have agreement of the nature as other people had on the tour". Trell: I don't recall, but I know initially it was more informal agreement. He (Ortega) was being paid based on the email agreement. (ABC7)

Dr. Murray was an independent contract, Trell said. An agreement is a term of conditions, not only agreement on compensation. "He was rendering services to Mr. Jackson; he had not been engaged for TII tour," Trell testified. (ABC7)

Panish: And Dr. Murray had an agreement with AEG based on the emails?
Trell: No, Dr. Murray didn't have an agreement with AEG (ABC7)

In court, attorneys for Katherine Jackson displayed emails sent to Murray a month before the death of MJ in which Murray's contract terms were laid out. Trell said those emails did not demonstrate an employment relationship.Trell acknowledged, however, that Ortega was paid for his work on the shows despite working under terms laid out only in a series of emails."Kenny Ortega is different from Conrad Murray," Trell testified. (AP) Panish said Ortega didn't have a memorialized agreement. "Kenny Ortega is different from Conrad Murray," Trell said. (ABC7)

Email from Dr. Murray to Wooley on May 29, 2009:"I have performed and continue to fulfill my services to the client in good faith. Therefore, I am asking you to deposit my fee for May in reciprocity of good faith on your part as per our agreement the usual and customary date for deposit is around 15th of each month, by today's date we're 13 days beyond my monthly fee.”
Trell said they had agreed on the compensation for Dr. Murray, but needed to memorialize the deal in an agreement. (ABC7) Email from Wooley to Murray on May 8, 09 details terms of the contract: contracting company, mode of travel, living arrangements in London. Another email shows Wooley asking Dr. Murray for a cancelled check for direct deposit of his monthly compensation. (ABC7)

Email from Gongaware to Brother Michael on 5/6/09 regarding Dr. Murray:
"Done at $150K per month, per MJ."

Trell said Gongaware was authorized to negotiate with Dr. Murray, but he was still subject to an AEG contract.(ABC7) Another email said executive Paul Gongaware informed others that Murray would be "full time" on the tour by mid-May.(AP)

Panish asked if before a contract is written, the "meeting of the minds" is necessary. Trell agreed. (ABC7)

Panish: And Dr. Murray was working for AEG Live in May of 2009
Trell: No, I would totally disagree with that statement (ABC7)

Plaintiff's attorney Brian Panish asked Trell to agree with a statement that Murray was working for AEG. "I would totally disagree with that statement," Trell said, noting that Ortega and Murray were considered independent contractors. (AP)

Trell testified that five days before Jackson's death, top AEG executives were informed the singer was in poor health. By that point, Ortega had sent executives an email titled "Trouble at the front" detailing Jackson's problems.(AP)

Email from Ortega to Phillips on 6/20/09
Trouble at the Front
"I honestly don't think he's ready for this based in his continued physical weakening and deepening emotional state. It is reminiscent if what Karen, Bush, Travis and I remembered just before he fainted causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP. It’s like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in his weakened and troubled state … I honestly felt if I had encouraged or allowed him on stage last night he could have hurt himself. I believe we need professional guidance in this matter." (ABC7 & LA Times)

Phillips turned down the request for a psychiatrist. In emails previously published by The Times, Phillips wrote, "It is critical that neither you, me or anyone around this show become amateur psychiatrists or physicians." (Latimes). Trell said Phillips did not contact a psychiatrist, doctor or any other medical provider, but they had a meeting that same day. "I think someone took it seriously," Trell said. He was not present at the meeting, but it was with Dr. Murray. (ABC7) Trell said the company’s response was to hold a meeting that day with Jackson and his doctor, Conrad Murray. “…so I think they took it seriously,” he said. (LAtimes)

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

Shawn Trell will continue to testify and is expected to last all day on the witness stand. Paul Gongaware is next witness. He'll be at the courthouse first thing on Wednesday, assuming they finish with Trell by then. (ABC7)



Zusammenfassung von Ivy MJJC #16


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

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

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

AEG execs face questions about Michael Jackson's death

By Alan Duke, CNN
May 20, 2013 -- Updated 0533 GMT (1333 HKT)


STORY HIGHLIGHTS

* AEG Live's top lawyer will testify as trial's 4th week begins
* Jackson lawyer will question AEG Live general counsel about negotiations with Dr. Murray
* AEG Live's controller confirms the company budgeted $1.5 million to pay for MIchael Jackson's doctor
* An AEG expert testifies the promoter should have seen "a red flag" when Murray asked for $5 million

Los Angeles (CNN) -- AEG Live filed an insurance claim to recover losses from Michael Jackson's death the same day he died, according to a lawyer for Jackson's family.

That revelation may not relate to the heart of the wrongful death lawsuit against Michael Jackson's last concert promoter, but Jackson lawyers hope it could sway jurors to see AEG Live executives as motivated by money over the pop icon's needs.

It is one of many points Jackson lawyers will try to make Monday when they call AEG Live's top lawyer to the witness stand as the trial's fourth week begins in a Los Angeles courtroom.

Jackson's mother and three children contend AEG Live is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter.

The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.

AEG Live lawyers counter that it was Jackson who chose, hired and supervised Dr. Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol -- the drug the coroner ruled killed him -- to treat his insomnia, they argue.

Jackson lead lawyer Brian Panish will question AEG Live general counsel Shawn Trell about his company's negotiations with Murray to be Jackson's personal physician for his "This Is It" shows in London.

The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson's death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.

The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.

Panish, speaking outside of the courtroom Friday, said he would also ask Trell about AEG's insurance claim, which he said his team recently discovered was filed with Lloyds of London on June 25, 2009 -- hours after Jackson was pronounced dead at UCLA Medical Center.

A Lloyds of London underwriter later sued AEG, claiming he company failed to disclose information about the pop star's health and drug use. AEG dropped its claim for a $17.5 million insurance policy last year.

Monday's court will start with AEG Live controller Julie Hollander completing her testimony about the company's budgeting, which she acknowledged included $1.5 million approved to pay Dr. Murray.
The doctor's costs were listed as production costs -- expenses that AEG is responsible for paying -- and not as an advance, which Jackson would ultimately be responsible for giving back to the company, she testified.

The controller's testimony appears to contradict the argument AEG lead lawyer Marvin Putnam made in a CNN interview days before the trial began.

AEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use their "MasterCard," Putnam said. "If you go to your doctor and you pay with a credit card, obviously MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance."

Jackson lawyers played video testimony of one of AEG's own expert witnesses Friday -- 25-year veteran tour manager Marty Hom.

The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Dr. Murray.

He was asked if AEG Live should have realized something was wrong when Dr. Murray initially asked for $5 million a year to work as Jackson's personal physician. "That raised a red flag because of the enormous sum of money," Hom testified.

Hom acknowledged he had not seen many of the documents and depositions in the case -- and AEG was considering him for a job as the Rollings Stones tour manager at the same time he was asked to testify.

http://edition.cnn.com/2013/05/20/showbiz/jackson-death-trial/

[rip.michael]

Jacksons vs AEG - Day 13 – May 17 2013 – Summary

Katherine, Rebbie and Trent Jackson are in court.

Jackson attorney Brian Panish has decided not to call Dr. Emery Brown a propofol expert. (AP) Panish told ABC7 he thought Dr. Brown's testimony wasn't going to add anything new to the jury. (ABC7)

There’s no witness available now to testify in the morning session, so Jackson attorney Panish plays video deposition of Marty Hom, defense expert witness. (AP & ABC7)

Marty Hom Video Depostion

Marty Hom has been in the music industry 25-30 years. (ABC7) Hom is a tour manager who’s worked with the Eagles, Bette Midler, Alicia Keys, Janet Jackson and other big-name acts. (AP).

The artist is usually who hires and pays him, Hom said. He gets a check from the artist. Hom doesn't know if MJ was paying Gongaware. Hom said his role changes from one tour to the next. He has to adapt quickly to the artist's need, since they are just very different. (ABC7)

Live Nation and AEG Live are the biggest companies in the business, Hom said. He's been friends with Randy Phillips for probably 10 years. Hom said he worked with Phillips and AEG Live once in the Bette Midler Tour in Las Vegas. Hom has no social relationship with Phillips. (ABC7) Hom said he knows AEG executives Paul Gongaware and Randy Phillips, who he called a friend. Hom said he and Phillips weren’t close -- they didn’t visit each others’ homes or otherwise socialize. (AP)

The music business in general is very small, Hom said, and Randy Philips used to manage a former client of his,Lionel Richie. Hom said he's never worked w/ Paul Gongaware. He knows him for many years, ran into each other all the time. He considers Gongaware a friend (ABC7)

“This business is a very, very small business. I probably know most of the people in this business,” Hom said during his deposition. (AP)

Jacksons attorney Kevin Boyle asked if Hom's friendship with Phillips and Gongaware, defendants in the case, would sway his testimony. Hom said he worked w/ Janet Jackson and met Mrs. Jackson as well. "I probably know everyone in the business, this is a very small business" (ABC7) He was questioned by plaintiff’s attorney Kevin Boyle, who asked Hom given his ties to AEG how he could convince the jury he was objective. Hom said he’s worked with Janet Jackson, and had met Katherine Jackson on a few occasions. (AP)

This is Hom’s first case serving as an expert witness. (AP) Hom said defendant's attorney called him asking if he'd be interested in being an expert witness in this case. Hom thought about it, agreed. Hom told the atty he didn't know what an expert witness makes. He was told they make between $400 - $500 an hour. They settled on $500/hour. (ABC7)

Hom: They just wanted me to testify in general scope on what I do for living. I think they were looking for someone who knew the tour biz (ABC7).

Hom said he's seen artists travel w/ physical therapists, masseuses, cooks, but he's not been on tour where artist takes doctor on the road. Hom said he hired doctors in individual cities when artist was ill, wanted B12 shots, crew was sick. Hom said the tour paid the doctor.(ABC7) Boyle asked Hom whether he’d ever hired a doctor to go on tour. Hom said no. He hires local doctors if an artist is sick or needs treatment. Marty Hom said he’d never worked on a tour in which the artist or artists’ brought along a doctor. (AP) Hom said he knew the Rolling Stones have physician on tour, Blink-182 also had doctors on tour, but he didn't know what their agreements are (ABC7)

"The doctor should look for the best interest of the artist," Hom opined, "I'd never put artist on stage if it wasn't for his best interest" (ABC7)

Boyle asked if Hom knew Kenny Ortega. Hom said yes. Boyle asked if Ortega would ever falsely sound alarm about artist health. Hom said no (ABC7)

Hom said it was not appropriate for the tour manager or promoter to inject themselves into the doctor-patient relationship. (LAtimes) Hom said he never injected himself in doctor-patient relationship. He said he didn't believe it was appropriate 4 concert promoters to do it. Hom: Is it appropriate? I don't know, but it's a question I have to ask for best interest of the show. I think it's a legitimate question. (ABC7)

Hom said he didn't see a problem asking the doctor questions. It's up to the physician to set the limits, he opined.(ABC7) Asked if it would be OK for someone to speak to the performer's doctor without the artist present, he answered, "I thought it was the doctor's responsibility to say no." (LATimes)

He said he knew of no instance where a promoter or producer had a private conversation with the artist's doctor.(LATimes)
Hom said he needs to know if artist can perform and/or for how long he needs to be on leave. That's why he'd ask doctor status of the artist. Hom said he would ask the doctor questions to determine what kind of condition the artist/dancer would be and his capability to do the tour (ABC7)

He testified that when performers were ill, "my natural instinct is to go to that doctor and ask him, 'Is that dancer going or musician going to be able to make that show in a week?”(LATimes)

He said he’d never gotten involved in a doctor-patient relationship. He said he does ask doctors about prognosis for injured artists. He said it’s a legitimate question to ask “How long is that musician going to be sick?” and similar questions for the sake of the tour. (AP)
Hom said it was proper for AEG lawyers to inquire of Murray whether Jackson would be able to perform all of the scheduled shows in London. (CNS)

He’s also worked with AEG on a couple occasions, including the Alicia Keys tour. He was approached about working on the Rolling Stones tour. (AP) Timm Wooley contacted Hom earlier this year to ask if he would be willing to be the tour manager for the Rolling Stones show. Hom said he was pretty busy this year, but since it's the Rolling Stones, he would like to throw his resume in the pot. Hom said AEG ended up hiring someone else to be Rolling Stones' tour manager. (ABC7)

Hom said that Dr. Murray asking for $5 million raised a red flag. "It's outrageous." (ABC7 &AP)

Hom said he's never seen a draft agreement between promoter/producer and a doctor. He's been in the business for 30 years. (ABC7)
Hom said he wasn't aware of promoter/producing ever paying artist personal manager. Plaintiff says they have evidence AEG paid MJ's manager (ABC7) (Panish said outside court that he will later introduce evidence that AEG was paying Jackson's managers, which could be a conflict of interest. – LATimes)

Boyle: Would you ever hire a doctor to give an opiate-dependent artist Demerol?
Hom: No

Boyle: Would you hire a doctor to be feeding the chemical dependency of the artist?
Hom: I would not (ABC7)

Hom also said he would never tell a director he had checked out a doctor if he hadn’t, a reference to claims by the Jackson family about an AEG executive (LATimes)

Hom said he had no opinion whether the defendants hired Dr. Murray. Hom never talked with Phillips, Gongaware or Wooley about MJ.(ABC7) Marty Hom said he had never talked to Gongaware and Phillips about Michael Jackson. (AP)

Plaintiff’s attorney Kevin Boyle asked Hom several questions about whether he wanted to work with AEG Live in the future. Hom said yes. (AP) Hom said he'd like to work with AEG Live in the future, not for them. He said the promoters don't have any saying on who hires him. Hom said he works for an artist, he's hired and paid by the artist, promoters have no say on his contract. (ABC7) Hom noted that AEG and Live Nation are the two biggest concert promoters. He wants to keep working with both of them, he said. (AP)


Julie Hollander Testimony

Katherine and Rebbie Jackson was not present for the afternoon session.

Jackson Direct

Plaintiff’s attorney Brian Panish walked her through "This Is It" concert budgets, both those generated before and after MJ’s death. The documents show that AEG budgeted to pay Murray for his work with Jackson as “preproduction cost.” Murray was never paid. (AP)

Panish showed Hollander a document from April 30, 2009. It shows management medical for $300,000. Hollander said her job was to facilitate payments and sometimes she approved payment as well. (ABC7)

Panish asked Hollander if people worked for AEG without fully executed contracts. She said yes, they may start work in general terms. Standard company police is that no payments are made without fully executed contract, Hollander said. The contract could get executed later. (ABC7)

"People commence work before their contract is executed, yes" Hollander said. (ABC7)

Panish said people did the work before MJ died, but got paid after he died. Hollander said she didn't recall specifics. Hollander said there were people who had contracts renegotiated after MJ's death. Hollander said AEG renegotiated contracts after MJ died to mitigate the burden on MJ's Estate. (ABC7)

Panish shows email from 7/10/09 asking Hollander to sign a tour contract so vendor could get paid. Hollander signed it after MJ had died. Panish shows email from 8/4/09 showing another vendor who negotiated contract after MJ died and got paid for prior services. (ABC7)

Panish also displayed several emails about how other vendors were paid, including makeup/hairstylist Karen Faye. The emails show some vendors were complaining about that they weren’t being paid after Jackson’s death. Hollander said many were paid. (AP)

One of the emails was regarding $11,500 that Karen Faye charged AEG for wigs she purchased for Jackson. After he died, AEG stopped a payment. Faye was upset that they rescinded the payment and was threatening to go to AEG Live CEO Randy Phillips. (AP)

Email from 6/30/09 from Randy Phillips to Holland: "This is from Karen Faye who did MJ's hair and makeup. She bought three wigs for use in the tour and one of them is going to be used for his final rest.” (ABC7) He was copied in on a message. “Pay it immediately,” Phillips wrote in an email. “Do not stiff any vendors.” (AP)

The amount for the wigs was $11,500, which Hollander said it's a nominal amount, thus there's no need for contract. (ABC7)

From time to time, Mr. Gongaware asked Hollander to expedite payment, she testified. He's an impatient person, vendors are important to him(ABC7)

As to Tohme Tohme, Hollander knows who he is, but is aware that at some point he was released from duties as MJ's manager. Hollander says she knew Tohme was terminated before MJ died, therefore had no legal power to sign on his behalf. (ABC7)

Panish said $36 million was spent in MJ's project. He asked if Hollander knew AEG filed claim against Lloyds of London 2 collect insurance. Hollander said she knew it through the press. She doesn't have recollection of specifically providing information for an insurance claim. (ABC7)

Panish shows Pre-Tour Cost Projection from 5/20/09 where AEG was to pay Dr. Murray $300,000. It was pursuant to the contract, Panish said. Budget prepared by Wooley, approved by Gongaware showed "Management Medical" and amounts to be paid to Dr. Murray are listed "Per Contract" (ABC7)

On 6/18/09, Hollander received email from Brigitte Segal, who worked on the tour for the estimated cost 4 some living arrangements in London. AEG pays for entertainment arcade & bowling alley because of precondition in terms of what MJ needed at the house as and part of the bargain. AEG pays for 3 of the local houses: Bush, Faye and Murray (wardrobe dresser, make-up/hair & personal physician). Pays for additional furniture, staffing, security, nanny, food. (ABC7)

Gongaware response on June 19, 2009: "I agree with Timm's allocation and the charges. Approved" (ABC7)

Hollander said AEG had to pay those costs pursuant to the terms of the contract for the tour, as advance payment. (ABC7)

Panish shows a pre-production budget vs what was paid. Dr. Murray still appears budgeted on 7/1/09 for $300,000. Hollander said she did not see a contract with Dr. Murray signed by AEG. Panish: If the $300,000 was supposed to be advance for MJ to be repaid, it would be under category "Artist's Advances". Hollander agreed. (ABc7) There was $300k listed for Murray under “preproduction costs” in “This Is It” budgets. It wasn't listed under terms MJ was supposed to pay. (AP)

Panish: Dr. Murray was supposed to be paid $150,000 per month, correct?
Hollander: Yes, according to the un-executed contract (ABC7)

Brian Panish ended his direct examination of Hollander by playing testimony from her deposition about 20 tours she’d handled finances for. (AP) Hollander said that "This Is It" tour was the first time she saw the situation where AEG Live hired a physician for the tour. It was also the first time she saw AEG Live pay for an artist's personal physician, Hollander said. (ABC7) Hollander said “This Is It” was the first time she’d seen costs for an artists’ physician included in a tour budget. (AP)

AEG Cross

AEG attorney Jessica Stebbins Bina started her questioning of Julie Hollander. Her early questions focused on money advanced to Jackson. Hollander told Stebbins Bina that it was her first time testifying and that’s why she was so nervous answering questions. (AP)

Hollander explained what advance meant, it was like cash advance and, depending on the contract, it would be paid back by the artist. Hollander testified that MJ was responsible for 100% of the production costs should the concert not go forward. But if the tour went forward, MJ was responsible for repayment of 95% of the costs and AEG would pay 5%. (ABC7)

Hollander said that if something is on the budget, it means it was planned to be paid. But things changed very often. (ABC7)

In the "This Is It" tour, Hollander said she had contracts with staging, lighting, choreographers, sound equipment, etc. She testified that only the contract that had been drafted for Dr. Murray required Michael Jackson's signature. (ABC7)

"My understanding was that Mr. Jackson had asked to include Dr. Murray in the tour personnel," Hollander explained. "Mr. Murray was requested by the artist, and that was my understanding," explained Hollander. (ABC7)

"I was instructed that no payments were to be made until MJ signed the contract," Hollander said, due to the personal nature of the services (ABC7) Hollander told jurors she was instructed not to pay Murray until Jackson signed the physician’s contract. (AP)

Hollander: Tour manager maintains the budget, negotiates some of the vendor's contract, may be involved in mitigating tax exposure. "My role (in TII tour) was to make sure the items created were in line with the budget made," Hollander described. (ABC7)

Hollander said she never saw a version of Dr. Murray's contract signed by AEG or MJ. AEG never paid Dr. Murray, Hollander said. (ABc7)

Before court adjourned, Hollander made the point that a budget is a guide for a concert tour. “A budget is just a tool,” Hollander said. She said sometimes an executed contract differs from the budget. In that case, the contract’s terms dictate the payments, Hollander said. (AP)

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

Hollander resumes testimony Monday morning, then AEG's general counsel Shawn Trell takes the stand.


Zusammenfassung von Ivy MJJC #15


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

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

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

The Jackson vs. AEG Live – Zeugen der Jacksons, 7. Teil

18. Mai 2013

Am Freitag wurde Marty Hom, ein Konzerttourdirektor und Tour Manager mit über 25-jähriger Berufserfahrung, befragt. Bevor ich näher auf Marty Homs Aussagen eingehe, sei erwähnt, dass es sich hierbei um einen ungewöhnlichen und raffinierten Zug der Jackson Anwälte handelte. Denn ursprünglich war Marty Hom als Experte von AEG einvernommen worden und seine eidesstattliche Aussage wurde (wie üblich) vor dem Prozess auf Video aufgenommen. AEG bezahlte Homs dafür USD 500 pro Stunde. Das Videomaterial wurde vor dem Prozess an die Gegenpartei ausgehändigt und nun hat Brian Parish, der Jackson Anwalt, gestern für die Geschworenen 45 Minuten dieses Videomaterials abgespielt und Marty Hom anschliessend im Zeugenstand befragt. Brian Parishs Begründung für dieses ungewöhnliche Vorgehen war, dass er sicherstellen wollte, dass die Geschworenen Homs Aussage vorgespielt bekamen, falls AEG sich am Ende dazu entschliessen würde, Hom nicht in den Zeugenstand zu rufen. Ein (wie sich herausstellte) recht kluger Präventivschlag, wenn man die nachstehenden Aussagen liest. Jacksons: 2, AEG: 0.

Marty Homs bestätigte, dass die ursprüngliche Lohnforderung von Conrad Murray über USD 5 Mio. ungeheuerlich war und ein Warnsignal dafür hätte sein müssen, dass etwas nicht stimmte. Homs sagte u.a. auch, dass bei den Konzerttourneen, für die er verantwortlich war, der Künstler nie einen Arzt mit sich gebracht hatte. Beim Grossteil seiner Aussage ging es um die Beziehung zwischen einem Tour Manager, Künstler und Arzt. Homs sagte aus, dass es nicht angebracht gewesen sei für einen Tour Manager oder Promoter, sich in die Beziehung zwischen dem Arzt und seinem Patienten einzumischen. Als Parish Homs fragte, ob es in Ordnung sei, dass jemand in Abwesenheit des Künstlers mit dessen Arzt spreche, antwortete Homs: “Ich dachte, es läge in der Verantwortung des Arztes, nein zu sagen.” Homs war kein anderes Beispiel bekannt, wo der Promoter oder Produzent ein privates Gespräch mit dem Arzt des Künstler geführt hätte. Wenn ein Performer krank wäre, wäre es Homs natürlicher Instinkt, dessen Arzt zu fragen, ob der Künstler in der Lage sei, in einer Woche aufzutreten. Ferner sagte Homs aus, dass ihm kein Fall bekannt sein, bei dem der Promoter oder Tour Manager das Gehalt des Managers des Künstlers bezahlt hätte. Ausserhalb des Gerichts sagte Brian Parish später, dass er zu einem späteren Zeitpunkt Beweise vorlegen werde, dass AEG Michaels Manager, Frank DiLeo, bezahlt hatte und dies einen Interessenskonflikt dargestellt hätte.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jackson-vs...cksons-7-teil/
Copyright © jackson.ch



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

18. Mai 2013

Am Donnerstag wurden nicht nur Zeugenbefragungen vorgenommen. Am Vormittag ging es unter anderem auch um die E-Mails von Michael Jacksons Manager Frank DiLeo. DiLeo war bekannterweise Michaels Manager in den 1980er Jahren bis ihn Michael 1989 entliess. Im Rahmen der “This Is It” Shows tauchte DiLeo wieder als Michaels Manager auf. Die Jackson Seite argumentiert, dass DiLeo nicht Michael sondern AEG gegenüber verantworlich war und dass die E-Mails von DiLeo wichtig seien, dies zu beweisen. Mit anderen Worten, die Jackson Seite geht davon aus, dass AEG Michael Jackson dazu gezwungen hatte, DiLeo als seinen Manager anzustellen (da diese nicht mit Leonard Rowe zusammen arbeiten wollten, den Michael Ende März 2009 angestellt hatte, um Tohme Tohme zu ersetzen).

Die ganze Angelegenheit um DiLeos E-Mails stellt sich beim näheren Hinschauen aber als noch weitaus brisanter und komplexer heraus. Nach Frank DiLeos Tod im August 2011 wurde dessen Witwe Linda von AEG Anwälten vertraten. Nachdem das Gericht in Ohio die Nachlassverwaltung von DiLeo beordert hatte, dessen Laptop und E-Mails an die Jackson Anwälte herauszugeben, sagten die AEG Anwälte in ihrer Funktion als Vertreter des DiLeo Nachlasses, dass sie weder den Computer noch die E-Mails finden könnten. Die Jackson Anwälte hatten jedoch erfahren, dass der Anwalt, der den Nachlass am Anfang, bevor die AEG Anwälte aufgetaucht waren, vertreten hatte, David Regoli, im Rahmen der Inventarisierung eine Kopie aller E-Mails von Franks Laptop gemacht hatte. Während der letzten paar Wochen hatten die AEG Anwälte argumentiert, dass David Regoli nicht berechtigt sei, diese E-Mails an die Jackson Anwälte herauszugeben, damit diese sie im Prozess gegen AEG verwenden könnten. Während eines Telefonats mit Richterin Palazuelos sagte Regoli, dass er DiLeos Witwe geraten habe, dass seiner Meinung nach ein Interessenskonflikt für die AEG Anwälte bestünde, Linda DiLeo in dieser Sache zu vertreten. “Sie sagte, sie habe nie etwas unterzeichnet, dass [die AEG Anwälte] bevollmächtigte, sie zu vertreten und dass diese Linda DiLeo von diesem Moment an nicht mehr repräsentieren”, so Regoli. Anschliessend stellte DiLeos Witwe Regoli wieder an, was ihn entsprechend dazu ermächtigen würde, die E-Mails den Jackson Anwälten zuzustellen. Regoni versicherte dem Gericht, dass er alle Dokumente durchsehen und selbstverständlich alle E-Mails, die für den Prozess relevant seien (dh. den gesamten E-Mailverkehr von Frank DiLeo mit AEG und sonstigen involvierten Parteien im Rahmen der “This Is It” Shows) aushändigen würde. Dies soll voraussichtlich in ca. einer Woche erledigt sein. Jacksons: 1, AEG: 0.

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

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

[geli2709]

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

By Alan Duke, CNN
May 18, 2013 -- Updated 0229 GMT (1029 HKT)

STORY HIGHLIGHTS

* Frank DiLeo's laptop couldn't be found after Jackson's lawyers subpoenaed it
* AEG's lawyers represented DiLeo's estate in the fight to stop the subpoena
* Another lawyer kept a copy of the manager's e-mail file
* Jackson lawyers argue AEG forced Michael Jackson to take DiLeo as his manager


Los Angeles (CNN) -- A cache of e-mails believed lost when Michael Jackson's last manager's laptop disappeared could become key evidence in the wrongful death trial against AEG Live.

Lawyers for Michael Jackson's mother and three children don't know what they'll find in Frank DiLeo's e-mails, but they are hoping it will support their contention that DiLeo was beholden to the concert promoter and not to Jackson.

Jackson changed managers twice in the last three months of his life. In late March 2009, he hired Leonard Rowe -- one of his father's friends -- to replace Tohme Tohme, the manager who initially negotiated the deal with AEG for his "This Is It" tour.

Jackson lawyers argue that AEG Live forced Jackson to take DiLeo, who had worked for him off and on for decades, as his manager in May 2009 because they did not want to work with Rowe.

Their contention is part of their larger argument that AEG Live executives were liable for Jackson's death because they hired, retained or supervised Dr. Conrad Murray, the physician convicted of involuntary manslaughter.

AEG counters that it was Jackson who chose and hired Murray, not them. AEG lawyers argue that Jackson was responsible for his own death and that drug addiction led to his bad decisions.

The coroner ruled his death, which came near the end of preparations for a series of comeback concerts, was caused by an overdose of the surgical anesthetic propofol that Murray was using to treat Jackson's insomnia.

AEG Live contends its executives had no way of knowing the doctor was using propofol in the privacy of Jackson's bedroom.

The Jacksons are seeking billions of dollars in damages, equal to what Michael Jackson might have earned if he had not died on June 25, 2009. The Los Angeles trial began three weeks ago and is expected to continue into July.

The lawsuit contends AEG Live ignored warning signs about Jackson's health in his last weeks, and instead of getting him help they pressured Jackson and Murray to have him at rehearsals. DiLeo would have been part of that pressure, they contend.

"Get him a bucket of chicken," DiLeo said on June 19, 2009, in reply to concerns about Jackson's weight loss, makeup artist Karen Faye testified last week. "It was such a cold response, it broke my heart," Faye said through tears.

The next day -- June 20, 2009 -- DiLeo left a voice mail on Murray's cell phone. "I'm sure you're aware he had an episode last night. He's sick. Today's Saturday. Tomorrow, I'm on my way back. I'm not going to continue my trip. I think you need to get a blood test on him. We got to see what he's doing?"

DiLeo's e-mails were recovered after what the judge called "a lot of red tape and kind of cloudiness," that included the AEG's lawyers also representing the estate of DiLeo, who died in 2011, in fighting the Jacksons' subpoena for them.

"Because (DiLeo's widow) didn't have litigation counsel, we're representing her for the limited purposes of responding to that subpoena," AEG's lead lawyer, Marvin Putnam, told the judge.

Soon after an Ohio court ordered DiLeo's estate to give his laptop and e-mails to the Jackson lawyers, the AEG lawyers -- in their other capacity representing the DiLeo estate -- reported that they could not locate the computer or e-mails.

Jackson lawyers, however, learned that the DiLeo estate's previous lawyer -- Pennsylvania lawyer David Regoli -- kept a copy of the e-mail files. For the past several weeks, however, the AEG lawyers argued he had no authority to provide them to the Jacksons' lawyers for use in the case against AEG.

But in a phone call to the court this week, Regoli said he advised DiLeo's widow, Linda DiLeo, that "in my opinion, it was a conflict" for AEG's lawyers -- from the Los Angeles firm O'Melveny and Myers -- to represent her in the matter.

"She said that she never signed anything with O'Melveny and Myers to authorize them to represent her, and as of this moment they are not representing her anymore," Regoli said.

Linda DiLeo then rehired Regoli, which allows him to send the e-mails on to the Jacksons -- after removing any that are personal or not relevant to the case.

"I think I can give the court my assurances that I'll go through the documents that I have and I'll go through the e-mails, and anything that is related to the subpoena, I would obviously turn over," Regoli said.

As for the missing laptop, there was a simple explanation. Linda DiLeo "had told me her daughter had given it to a friend who needed a computer," Regoli said. "It wasn't a very new computer."

While the Jackson lawyers wanted to explore how AEG's lawyers came to represent the DiLeo estate in Ohio, the judge declined exploring the matter.

"All we know right now they're not representing her, and that's enough for us," Judge Yvette Palazuelos said.

The trial's fourth week starts Monday morning with AEG's chief counsel, Shawn Trell, on the witness stand. Jackson lawyers are expected to grill him about the contract negotiations with Michael Jackson and Murray.

http://edition.cnn.com/2013/05/17/showbiz/jackson-death-trial/index.html

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 6. Teil

17. Mai 2013

Nachdem am Mittwoch keine Zeugenbefragungen stattfanden, riefen gestern die Jackson Anwälte ihre nächste Zeugin in den Zeugenstand: Julie Hollander, (Finanz-)Controller bei AEG Live. Sie bestätigte, dass AEG im Jahre 2009 ein Budget über USD 300’000 für zwei Monate (Mai und Juni) Pflege von Michael Jackson durch Dr. Conrad Murray vorsah. Das Budget wurde von Paul Gongaware, co-CEO von AEG Live, bewilligt. Julie Hollander war verantwortlich für die Rechnungsbücher und das allgemeine Konto für alle Transaktionen im Zusammenhang mit den “This Is It” Shows. Jedoch, so Hollander, war Timm Woolley, ein AEG Executive, für das Budget selbst und die Sicherstellung, dass die Leute bezahlt wurden, zuständig. Hollander sagte aus, dass Woolley sie informiert hatte, dass Conrad Murray “auf Wunsch des Künstlers angestellt” worden sei. Den Vertrag zwischen Conrad Murray und AEG bezeichnete die Zeugin als Entwurf, da nur Conrad Murray ihn Zeitpunkt unterzeichnet hatte und weder Michael Jackson noch AEG den Vertrag gegengezeichnet hatten. “Wenn Michael Jackson nicht gestorben wäre und AEG unterzeichnet hätte, würde AEG [Murray] das Geld schulden, richtig”, fragte Brian Panish, der Jackson Anwalt, die Zeugin. Ja, so Hollander, wenn alle Vertragsparteien unterzeichnet hätten, wäre es ein rechtsgültiger Vertrag gewesen, der die Rechtsgrundlage für die Lohnzahlungen gewesen wäre.

Als nächstes wurde sie zu einem Dokument befragt, das am 16. Mai 2009 erstellt worden war und das Dutzende von Änderungen in Bezug auf das “This Is It” Budget aufwies. Punkt Nr. 29 auf jener Liste war Conrad Murray. Kommentar zu diesem Punkt war: “MJ wünscht während der Zeit vor Tourbeginn einen permanenten Arzt zur Verfügung zu haben. Entsprechend wurden neu zwei Monate zu USD 150’000 budgetiert.” Gestützt auf diese Änderung sprach Hollander mit Woolley und AEGs Unternehmsanwalt Shawn Trell betreffend die Bedingungen, unter denen der Arzt bezahlt werden sollte. Zwei Tage später, am 18. Mai 2009, schrieb Hollander eine E-Mail an verschiedene Direktoren von AEG, um Informationen zu erhalten, die Philip Anschutz, dem Eigentümer von AEG, dazu dienen sollten, sich ein Bild über die bevorstehenden Gewinne im Rahmen der “This Is It” Shows zu machen. In der E-Mail heisst es: “Wir sind dabei, rasch eine dringende aktualisierte Vorhersage für Herrn Anschutz zusammen zu stellen und benötigen dafür ‘the latest and greatest’ [das Neuste und Beste] von MJ. Ich mag mich erinnern, dass ihr an einem Update gearbeitet habt. Ist der schon parat? Ich brauche etwas spätestens bis morgen… Sobald ich die Zahlen habe, brauche ich eure Anweisung, wie diese zwischen England und USA aufgeteilt werden sollen.” Gestützt darauf fragte Brian Panish Hollander: “Niemand fragte nach, wie die Proben verliefen, richtig?” Nein, so Hollander. “Die wollten wissen, wieviel Geld sie für die USA und England verdienen würden, richtig?” Ja, antwortete Hollander.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-6-teil/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 12 – May 16 2013 – Summary

Motions

There was a motions hearing during the morning session about Frank Dileo emails and Conrad Murray’s police interview.
Jacksons is trying to get Frank Dileo’s emails. Jacksons believe there may be discussions between DiLeo and AEG about MJ/his health (ABC7). David Regoli, a lawyer for Mrs. Dileo, said Mrs. DiLeo asked him to review the subpoena by Katherine Jackson's attorney, go thru the emails and produce anything relevant to the parties. Media (AP) also reported that the same law firm represented Dileo family in regards to the subpoena but they no longer represent Mrs. Dileo.

Jackson's attorneys want to make sure AEG turned over all the email conversations AEG had with everyone about MJ. If it's proven they didn't, it could be a problem for AEG's attorney. Everyone is on standby. (ABC7)

Judge ruled that Murray’s June 27 LAPD interview is considered hearsay and it can’t be presented to the jury. Judge said Murray’s statement might be admissible if the former doctor testified in court.


Julie Hollander Testimony

Jackson Direct

In the afternoon session Julie Hollander, AEG's VP of Controller and Event Operation, has testified. She has been called as an adverse witness by Jacksons. (ABC7)

First part of her testimony was explaining who hired her (Timm Wooley) and what a CEO/CFO does. She works for AEG Live, under AEG.(ABC7)

Hollander said that in 2009 Wooley was more than just a tour accountant. Wooley came back to work in the "This Is It" tour. (ABC7)
Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live (ABC7)

Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It." "I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system. (ABC7)

Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts. Hollander said she didn't prepare the budgets for TII tour. Wooley did. (ABC7) Hollander was responsible for overseeing the books and the general ledger of all transactions related to “This Is It,” but said it was AEG executive Timm Woolley who actually created and managed the budget and made sure people got paid. (LATimes)

She reported the budget primarily to Paul Gongaware. Hollander said budget was the costs expected to incur in the tour with developing the shows, taking show on the road, getting gear to London. Other budgeted costs: traveling for people involved, housing for some people involved and insurance. (ABC7)

Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract. “We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated." (ABC7) She said, however, that there were situations where contracts were signed after Jackson’s death because “due to the abrupt end of the tour, deals were renegotiated.” (LATimes)

Hollander: "My role was to execute payments pursuing to executed contracts." (ABC7)

Hollander: "My understating was that Dr. Murray was part of the budget, is listed on the budget for the tour at the request of the artist." (ABC7)

She agreed she saw Dr. Murray's contract, but says it was un-executed, since it was not signed by all parties. (ABC7)

Panish: you don't know whether Dr. Murray was performing services for MJ?
Hollander: I don't know, I can't say for sure, not me, personally (ABC7)

Woolley advised her that Murray was “engaged at the request of the artist,” Hollander said, and added that the budgets were ultimately approved by Gongaware. (LATimes)"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live (ABC7)

Julie Hollander, vice president/controller of event operations for AE Live, testified in the wrongful death trial that Murray’s salary of $150,000 each for the months of May and June that year was included in a budget approved by executive Paul Gongaware. (LATimes)

Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract. Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09 (ABC7)

Hollander called the doctor’s contract with AEG a “draft” because, although it was signed by Murray, neither Jackson nor AEG had signed it.

“If Michael Jackson didn’t die and AEG signed, then AEG would owe the money, right?” Brian Panish, the Jackson family’s attorney, asked.

“If all parties signed it would have been a fully executed contract, yes, and I would have to — if the costs were approved — it would be no basis for me to say I’m not going to pay that,” Hollander said. (LATimes)

Hollander: There was $300,000 listed on the budget for Dr. Murray, yes. That budget was approved by Mr. Gongaware. (ABC7)

Panish: For London there was more than 1 million dollars in the budget to pay Dr. Murray, right?
Hollander: I don't recall a figure of $1Million (ABC7)

Brian Panish shows Hollander a large binder with 80 documents she reviewed to refresh her recollection.(ABC7)

Panish: AEG advanced money to MJ, is that right?
Hollander: Yes, it was an advance, recoupable in some capacity (ABC7)

Panish showed email from 5/18/09 from Hollander to Wooley: "Were in process of quickly putting together urgent re-forecast for Mr Anschutz"(ABC7)

On May 18, 2009, Hollander wrote an email to several executives asking for information that would help give AEG owner Philip Anschutz an idea of the upcoming tour profits.

“We are in the process of quickly pulling together an urgent re-forecast for Mr. Anschutz and need the latest and greatest on MJ,” her email read. “I recall that you were working on an update. Is it ready for consumption? I need something by tomorrow at the latest.… Once the numbers are in, I need direction from you with respect to the split between UK and US.”

Panish asked Hollander, “They weren’t asking you how the rehearsals were going, were they?”

“No.”

“They wanted to know how much money would be made for the U.S. and how much money would be made for the U.K., correct?”

“Yes.” (LATimes)

Panish: Do you know if AEG ever performed a background check on Dr. Murray?
Hollander: I'm not aware of anything in that regard (ABC7)

Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour. Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted. (ABC7)

Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid (ABC7) Hollander said she spoke with Woolley about the inclusion of Murray on the budget and to AEG’s in-house attorney Shawn Trell about conditions under which the doctor would be paid. (LATimes)

Panish showed the jury the budget from 5/16/09 for 27 shows:
Management Medical --300,000; 450,000; 750,000
Total: $1.5 Million to pay Dr. Murray (ABC7)

Hollander verified a document created May 16, 2009, that listed dozens of changes to the “This Is It” budget. Murray was listed as item 29.

“MJ wishes to have a permanent physician available on call throughout the pre-tour period on operational period,” the document said. “There are 2 months at $150,000 newly budgeted.” (LATimes)

On April 30, 2009, Panish showed a document with $300,000 budgeted for management medical. (ABC7)

---------------------------------------------------------------------------------------------------
Dr. Emery Brown , Propofol expert from Harvard, is announced as the next witness to be called.


Zusammenfassung von Ivy MJJC #14

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

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

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

Murray stand mit einem Gehalt von je 150 000 $ für die Monate Mai und Juni 2009 auf der Gehaltsliste von AEG, die von Gongaware genehmigt war.


Jackson trial: Dr. Murray's salary was on AEG's books

Jackson-Prozess: Dr. Murray's Gehalt war in AEG's Geschäftsbüchern

By Corina Knoll
May 16, 2013, 6:46 p.m.

An AEG finance executive Thursday verified a 2009 company budget that allotted $300,000 to be paid to Dr. Conrad Murray for two months of caring for Michael Jackson.

Julie Hollander, vice president/controller of event operations for AEG Live, testified in the wrongful death trial that Murray’s salary of $150,000 each for the months of May and June that year was included in a budget approved by executive Paul Gongaware.

Gongaware is one of the defendants in the civil suit filed against the entertainment company by Jackson’s mother and three children who allege that AEG hired and controlled Murray. Murray treated Jackson as he was preparing for "This Is It,” a series of comeback concerts to be held in London, and gave the singer a fatal dose of propofol.

The case, which could be worth millions, or even billions to Jackson’s family, could turn on whether the jury believes Murray took his marching orders from Murray or Jackson himself.

Hollander was responsible for overseeing the books and the general ledger of all transactions related to “This Is It,” but said it was AEG executive Timm Woolley who actually created and managed the budget and made sure people got paid.

Woolley advised her that Murray was “engaged at the request of the artist,” Hollander said, and added that the budgets were ultimately approved by Gongaware.

Hollander called the doctor’s contract with AEG a “draft” because, although it was signed by Murray, neither Jackson nor AEG had signed it.

“If Michael Jackson didn’t die and AEG signed, then AEG would owe the money, right?” Brian Panish, the Jackson family’s attorney, asked.

“If all parties signed it would have been a fully executed contract, yes, and I would have to — if the costs were approved — it would be no basis for me to say I’m not going to pay that,” Hollander said.

She said, however, that there were situations where contracts were signed after Jackson’s death because “due to the abrupt end of the tour, deals were renegotiated.”

Hollander verified a document created May 16, 2009, that listed dozens of changes to the “This Is It” budget. Murray was listed as item 29.

“MJ wishes to have a permanent physician available on call throughout the pre-tour period on operational period,” the document said. “There are 2 months at $150,000 newly budgeted.”

Hollander said she spoke with Woolley about the inclusion of Murray on the budget and to AEG’s in-house attorney Shawn Trell about conditions under which the doctor would be paid.

On May 18, 2009, Hollander wrote an email to several executives asking for information that would help give AEG owner Philip Anschutz an idea of the upcoming tour profits.

“We are in the process of quickly pulling together an urgent re-forecast for Mr. Anschutz and need the latest and greatest on MJ,” her email read. “I recall that you were working on an update. Is it ready for consumption? I need something by tomorrow at the latest.… Once the numbers are in, I need direction from you with respect to the split between UK and US.”

Panish asked Hollander, “They weren’t asking you how the rehearsals were going, were they?”

“No.”

“They wanted to know how much money would be made for the U.S. and how much money would be made for the U.K., correct?”

“Yes.”

http://www.latimes.com/local/lanow/la-me-ln-jackson-murray-20130516,0,1860412.story

[Lena]

Panish hat nun entschieden, dass er heute nun doch nicht den Propofol-Experten hören will. Daher stand kein anderer Zeuge zur Verfügung. Der Jury wurde daher eine Depositon von Panish mit dem Tourmanager Hom, den AEG als Experten-Zeugen gelistet hat per Video vorgespielt. Hom ist sowohl für Live Nation als auch für AEG tätig und hat Touren von Midler, Alicia Keys, Janet Jackson u.a. gemanaget. Wegen den Zeugen-Problemen gibt es eine 4-stünidge Pause. Es geht dann weiter mit dem AEG-Controller Hollander, der gestern bereits im Zeugenstand war.

Ich glaube mit dem Tempo und den Lücken zwichendrin wird der Prozess Monate dauern.

Anthony McCartney @mccartneyAP 48m
That was the gist of this morning's testimony. AEG executive Julie Hollander will resume testifying at 2:30 p.m. PDT.
Expand Reply Retweet Favorite More
Anthony McCartney @mccartneyAP 49m
He said on the previous Rolling Stones tour (not current one), there was a tour doctor. He also cited Blink-182 having a tour doctor.
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Anthony McCartney @mccartneyAP 50m
During the deposition, AEG attorney asked Hom about tours in which he knew doctors accompanied bands. Hom cited two.
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Anthony McCartney @mccartneyAP 50m
Hom noted that AEG and Live Nation are the two biggest concert promoters. He wants to keep working with both of them, he said.
Expand
Anthony McCartney @mccartneyAP 50m
He was approached by two AEG executives about working with the Rolling Stones this year, but AEG picked another tour manager.
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Anthony McCartney @mccartneyAP 51m
Plaintiff’s attorney Kevin Boyle asked Hom several questions about whether he wanted to work with AEG Live in the future. Hom said yes.
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Anthony McCartney @mccartneyAP 51m
He also said he wouldn't hire a doctor if he knew the physician was feeding an artist's chemical dependency.
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Anthony McCartney @mccartneyAP 51m
Hom was asked whether he would hire a doctor to give an “opiate-dependent artist Demerol?” Hom said no.
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Anthony McCartney @mccartneyAP 52m
Correction to an earlier tweet: Hom’s comment about Murray’s fee being outrageous was related to doc’s initial request for $5 million.
Expand
Anthony McCartney @mccartneyAP 52m
He said it’s a legitimate question to ask “How long is that musician going to be sick?” and similar questions for the sake of the tour.
Expand
Anthony McCartney @mccartneyAP 52m
He said he’d never gotten involved in a doctor-patient relationship. He said he does ask doctors about prognosis for injured artists.
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Anthony McCartney @mccartneyAP 52m
Marty Hom said he’d never worked on a tour in which the artist or artists’ brought along a doctor.
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Anthony McCartney @mccartneyAP 52m
Boyle asked Hom whether he’d ever hired a doctor to go on tour. Hom said no. He hires local doctors if an artist is sick or needs treatment.
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Anthony McCartney @mccartneyAP 53m
Hom was paid $500 an hour to serve as an expert on the Jackson vs. AEG case. #notbadforarookie
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Anthony McCartney @mccartneyAP 53m
Hom said he’s worked with Janet Jackson, and had met Katherine Jackson on a few occasions.
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Anthony McCartney @mccartneyAP 53m
He was questioned by plaintiff’s attorney Kevin Boyle, who asked Hom given his ties to AEG how he could convince the jury he was objective.
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Anthony McCartney @mccartneyAP 53m
Hom, wearing a black shirt and black blazer, testified in a March 25, 2013 deposition.
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Anthony McCartney @mccartneyAP 53m
“This business is a very, very small business. I probably know most of the people in this business,” Hom said during his deposition.
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Anthony McCartney @mccartneyAP 53m
He’s also worked with AEG on a couple occasions, including the Alicia Keys tour. He was approached about working on the Rolling Stones tour.
Expand
Anthony McCartney @mccartneyAP 54m
Marty Hom said he had never talked to Gongaware and Phillips about Michael Jackson.
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Anthony McCartney @mccartneyAP 54m
Hom said he and Phillips weren’t close -- they didn’t visit each others’ homes or otherwise socialize.
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Anthony McCartney @mccartneyAP 54m
This is Hom’s first case serving as an expert witness. He knows AEG executives Paul Gongaware and Randy Phillips, who he called a friend.
Expand
Anthony McCartney @mccartneyAP 54m
Hom is a tour manager who’s worked with the Eagles, Bette Midler, Alicia Keys, Janet Jackson and other big-name acts.
Expand
Anthony McCartney @mccartneyAP 55m
Jury just listened to videotaped deposition of Marty Hom, a tour manager retained as an AEG expert.
Expand
Anthony McCartney @mccartneyAP 56m
Because of witness issues, the Jackson vs AEG trial is on a 4-hour break. Testimony resumes at 2:30 p.m. PDT.
Expand
Anthony McCartney @mccartneyAP 1h
Heading back into court -- will update at a break. #JacksonTrial
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Anthony McCartney @mccartneyAP 1h
AEG executive Julie Hollander will be back this afternoon to resume testifying.
Expand
Anthony McCartney @mccartneyAP 1h
At the time, Panish said Hom testified that Murray’s $150k/mo. salary was “an enormous sum of money” and should have been a red flag.
Expand
Anthony McCartney @mccartneyAP 1h
One of them is Marty Hom, an AEG-retained expert whose deposition Panish played during opening statements.
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Anthony McCartney @mccartneyAP 1h
There’s no witness available now to testify this morning, so Panish plans to play video of an expert’s deposition this morning.
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Anthony McCartney @mccartneyAP 1h
There’s been a change-up in the witness order, and plaintiff’s attorney Brian Panish has decided not to call a propofol expert this morning.
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Anthony McCartney @mccartneyAP 1h
Jackson vs AEG is back in session, with Katherine, Rebbie and Trent Jackson attending the proceedings.

[Lena]

Gestern stand Hollander, ein Controller von AEG auf der Zeugenliste der Jacksons. Es ging um Murrays Gehalt. Heute steht ein Propofolexperte an.
Derzeit noch unklar wann die Aussage von Faye fortgestezt wird.


ABC7 Court News @ABC7Courts 4m
We're wrapping coverage for today. Hope to see everybody again tomorrow! See ya!
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ABC7 Court News @ABC7Courts 5m
Dr. Brown is Propofol expert from Harvard. Since he's coming from out of town, they are accommodating his schedule. Hollander resumes after
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ABC7 Court News @ABC7Courts 6m
That ended session for today, Day 12 of trial. Plaintiffs will take witness out of order tomorrow. They will call Dr. Emery Brown first.
Expand
ABC7 Court News @ABC7Courts 7m
On April 30, 2009, Panish showed a document with $300,000 budgeted for management medical.
Expand
ABC7 Court News @ABC7Courts 8m
Panish showed the jury the budget from 5/16/09 for 27 shows:
Management Medical --300,000; 450,000; 750,000
Total: $1.5MM to pay Dr. Murray
Expand
ABC7 Court News @ABC7Courts 10m
Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid
Expand
ABC7 Court News @ABC7Courts 11m
Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted
Expand
ABC7 Court News @ABC7Courts 13m
Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour.
Expand
ABC7 Court News @ABC7Courts 14m
Panish: Do you know if AEG ever performed a background check on Dr. Murray?
Hollander: I'm not aware of anything in that regard
Expand
ABC7 Court News @ABC7Courts 14m
Panish showed email from 5/18/09 from Hollander to Wooley: "Were in process of quickly putting together urgent re-forecast for Mr Anschutz"
Expand
ABC7 Court News @ABC7Courts 17m
Panish: AEG advanced money to MJ, is that right?
Hollander: Yes, it was an advance, recoupable in some capacity
Expand
ABC7 Court News @ABC7Courts 17m
Brian Panish shows Hollander a large binder with 80 documents she reviewed to refresh her recollection.
Expand
ABC7 Court News @ABC7Courts 18m
Panish: For London there was more than 1 million dollars in the budget to pay Dr. Murray, right?
Hollander: I don't recall a figure of $1MM
Expand
ABC7 Court News @ABC7Courts 19m
Hollander: There was $300,000 listed on the budget for Dr. Murray, yes. That budget was approved by Mr. Gongaware.
Expand
ABC7 Court News @ABC7Courts 19m
Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09
Expand
ABC7 Court News @ABC7Courts 20m
Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract.
Expand
ABC7 Court News @ABC7Courts 20m
"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live
Expand
ABC7 Court News @ABC7Courts 21m
Panish: you don't know whether Dr. Murray was performing services for MJ?
Hollander: I don't know, I can't say for sure, not me, personally
Expand
ABC7 Court News @ABC7Courts 22m
She agreed she saw Dr. Murray's contract, but says it was un-executed, since it was not signed by all parties.
Expand
ABC7 Court News @ABC7Courts 22m
Hollander: "My understating was that Dr. Murray was part of the budget, is listed on the budget for the tour at the request of the artist."
Expand
ABC7 Court News @ABC7Courts 23m
Hollander: "My role was to execute payments pursuing to executed contracts."
Expand
ABC7 Court News @ABC7Courts 24m
"We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated."
Expand
ABC7 Court News @ABC7Courts 25m
Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract.
Expand
ABC7 Court News @ABC7Courts 25m
Other budgeted costs: traveling for people involved, housing for some people involved and insurance.
Expand
ABC7 Court News @ABC7Courts 26m
Hollander said budget was the costs expected to incur in the tour with
developing the shows, taking show on the road, getting gear to London
Expand
ABC7 Court News @ABC7Courts 27m
Hollander said she didn't prepare the budgets for TII tour. Wooley did. She reported the budget primarily to Paul Gongaware
Expand
ABC7 Court News @ABC7Courts 29m
Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts.
Expand
ABC7 Court News @ABC7Courts 29m
"I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system.
Expand
ABC7 Court News @ABC7Courts 31m
Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It."
Expand
ABC7 Court News @ABC7Courts 31m
Hollander reviewed dozens of emails, exhibits and her deposition. She doesn't know how many emails she saw, but estimated between 20-40.
Expand
ABC7 Court News @ABC7Courts 40m
Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live
Expand
ABC7 Court News @ABC7Courts 2h
Wooley came back to work in the "This Is It" tour. Hollander is not aware of Wooley still working for AEG. Last year he did a project
Expand
ABC7 Court News @ABC7Courts 2h
Hollander said that in 2009 Wooley was more than just a tour accountant. She stopped reporting to Wooley in 2002, when he left the company.
Expand
ABC7 Court News @ABC7Courts 2h
First part of her testimony was explaining who hired her (Timm Wooley) and what a CEO/CFO does. She works for AEG Live, under AEG.
Expand
ABC7 Court News @ABC7Courts 2h
Julie Hollander, AEG's VP of Controller and Event Operation, is currently on the stand. Jackson's attorneys called her as adverse witness.
Expand
ABC7 Court News @ABC7Courts 4h
Afternoon session about to start with jurors back in the courtroom.
Expand

[rip.michael]

Jacksons vs AEG - Day 11 - May 14 2013- Summary

Katherine Jackson, Rebbie and Trent are at court.

Choreographer Travis Payne and Katherine Jackson spoke briefly in the courtroom before the jury came in. They seemed cordial.(AP)

Travis Payne Testimony

AEG direct

Payne is wearing a black jacket with a gold emblem on the shoulders with the words “MJ” and a pair of wings. (AP)

Payne said he was concerned about MJ missing rehearsals. He didn't know why he wasn't showing up, but MJ was also working on album and book (ABC7)

Payne said he did not think that Jackson had a problem abusing prescription medications. He acknowledged that Jackson missed rehearsals and he saw the singer shivering or appear cold in some of his final rehearsals.(AP)

He worked with Jackson beginning in the 1990s and testified that he never saw Jackson drink alcohol or take any medications. The singer also never discussed his medical treatments, Payne said.(AP)

Payne told the jury he advised MJ he was looking thin and MJ said he was getting down to his fighting weight. "I had no reason to doubt him" (ABC7) Michael Jackson said, "I'm getting down to my fighting weight," Payne testified.(LAtimes) Payne said he noticed that Jackson looked thin but was satisfied with the singer’s response.

“He said, ’I’m getting down to my fighting weight,' which I took to mean that he was preparing for the performances,” Payne testified. (LAtimes)

Payne said there was one day when MJ was cold. He thought the frustration had MJ on edge, but he took it that he was fighting a cold. (ABC7) When Jackson needed to be layered in blankets and required a heater to be comfortable, Payne said, he believed Jackson was merely fighting a cold. (LAtimes)

"There were times he was tired and had to be not convinced but supported," Payne recalls.(ABC7) "Sometimes he was tired and lethargic and had to be, not convinced, but supported throughout rehearsals," Payne said. (CNN)

Payne said that in April, May, June, MJ missed 5 rehearsals with the whole group. He said one time Ortega sent MJ home. (ABC7)

Bina shows an email from Ortega to Gongaware on Jun 14: "We're you aware that MJ's doctor didn't permit him to attend rehearsal yesterday? Without invading MJ's privacy, it might be good idea to talk to his doctor to make sure everything MJ requires is in place. Who is responsible for MJ getting proper nourishment/vitamins/therapy every day? Personally, I feel he should have a top Nutritionist and Physical Therapist working with him on a regular basis. The demand on this guy is mentally and physically extraordinary! The show requirements exhaust our 20 year olds. Please don't underestimate the need to stay on top of this" (ABC7)

Another part of the same email chain, from Gongaware: "Frank and I have discussed it already and have requested a face-to-face meeting w/ the doctor... We want to remind him that it's AEG not MJ who's paying his salary We want him to understand what is expected of him. He has been dodging Frank so far.” (ABC7)

Payne said his understanding was that AEG was paying Dr. Murray's salary not Michael. The doctor was there 2 oversee many things, Payne said. Payne explained he didn't have much of reason to question Dr. Murray since he thought that a doctor selected to work with MJ was top notch. (ABC7)

Payne said he met Dr. Murray at the Carolwood house. "I was going up the steps, Dr. Murray going downstairs, Michael introduced us." Payne was coming up from the basement to the middle floor. Studio was at the basement. Payne said he never went 2 the top floor of the house (ABC7) Stebbins Bina asked Payne whether he ever met Conrad Murray. The choreographer says he met Murray twice. Payne says the first time was at Jackson’s Carrolwood Drive home. The men passed on a stairway and Jackson introduced them briefly. Payne says the second time was at the Staples Center, after a rehearsal and Jackson was leaving for the day. Both meetings were brief. (AP)

On June 19, Payne said he believed he was looking at someone who had blankets and heater. No one else was cold. He had flu-like symptoms. (ABC7)

On June 23/24, as to how MJ performed, Payne though it was in process, not at show standards, but MJ was rehearsing. "He was having his process, I didn't expect him to be like he would in front of a crowd," Payne explained. (ABC7) "He was not at show standards ... I didn't expect him to be as he would be in front of a crowd." Travis Payne on #MJ in 6/09 . Payne: "It ebbed and flowed. Some days were good, some days were not as good." (LATimes) Payne said the performance would float, some days were good, some days were not good. The last two days were good. "I thought he was in his way to the goals he set himself," Payne told the jury. He didn't have any question that MJ would be able to perform (ABC7)

Jackson "was not at show standards, but he was rehearsing," last two nights. Jackson was "on his way to the goals he had set for himself" before his death, Payne says (CNN)

Travis Payne testified he had no doubts about Michael Jackson’s ability to perform in the series of comeback concerts after seeing the singer at rehearsal in the days before his death.

“I thought he was on his way to the goals he had set for himself,” Travis Payne said, adding that he and others were impressed while watching Jackson rehearse at Staples Center on June 23 and 24, 2009.

“He was not at show standards but he was rehearsing,” Payne said. “He was processing — he was having his process. I didn’t expect him to be as he would be in front of a crowd.”(LAtimes)

Payne, though, said Jackson's rehearsals the last two nights were "impressive" when he "was able to do chunks of the show." "He was not at show standards, but he was rehearsing, he was processing," he said. "I didn't expect him to be as if he was in front of a crowd. The last two days were pretty good." (CNN)

Payne described the day MJ died: He was headed to rehearsal at MJ's home, got a call from his mother who said she saw reports on the news. Payne heard news on the radio, called Staples Center spoke to Stacy Walker, she said they were rehearsing. He was told to go to Staples. "We were optimistic of his arrival," Payne said explaining they were expecting MJ to rehearse at the Staples Center. Payne said Ortega got a series of calls. He remembers Kenny say 'tell me something that will make me know it's you and that this is true' " I remember him (Kenny Ortega) collapsing in his seat and crying," Payne testified. (ABC7)

Payne said he never saw MJ drink alcohol or take medication. "Sometimes, in rehearsal, Michael would appear just a little loopy," though. He recalled Michael being under the influence of something; said it happened mostly when MJ would come to rehearsals after seeing Dr. Klein. Payne also said he appeared groggy in the morning sometimes, which he attributed to lack of sleep.(ABC7)

"Mr. Jackson just explained to me that he had trouble sleeping, that he was tired, and that satisfied me," Payne testified. (CNN)

AEG attorney Jessica Stebbins Bina began day by asking Payne about how Jackson seemed at rehearsals in June. Payne told jury that at times Michael Jackson was lethargic and needed “support” to rehearse. The choreographer said at one point, he and others tried to bring in a top physical therapist who works with Olympic athletes to help MJ. Payne said Jackson didn’t want the physical therapist to work with him, thought it would be a violation of his personal space. (AP) Jackson didn't work w/physical therapist flown in for him. "He was just not comfortable with the invasion of personal space." (LATimes)

“At the last minute we realized that Michael was not going to go through with it,” Payne said. “He was just not comfortable with the invasion of personal space.”(Latimes)

MJ sometimes appeared "loopy" or "groggy" at rehearsals, Payne said.(LATimes) Payne testified MJ appeared "a little loopy" after visits with his longtime dermatologist in the weeks before his death. Travis Payne said he witnessed Jackson's unusual behavior after the singer visited Dr. Arnold Klein, who Payne believed was performing cosmetic treatments on the singer so that he would be comfortable performing onstage again. (AP) Payne said he understood MJ was undergoing "cosmetic procedures so that he could feel great and do a great job." (LATimes)

"Sometimes in rehearsal Michael would appear a little loopy, under the influence of something, but mostly when he would come to the rehearsals from the dermatologist," Payne testified. That happened two to four times in the weeks before his death, he said. "Michael was undergoing personal cosmetic procedures, so he could feel great and do a good job," Payne said. (CNN)

Payne testified that he saw Jackson appear "loopy" two to four times over the course of his sessions with the singer. He says the incidents always followed visits with Dr. Arnold Klein. Payne told that he didn't think Jackson had a problem with prescription drugs but was having cosmetic procedures done to help him feel comfortable returning to the stage for his planned "This Is It" concerts.(AP) Payne said that his understanding was that Michael was undergoing cosmetic procedures so he could feel great and do a good job.(ABC7)

"Sometimes in rehearsal, Michael would appear just a little loopy," Payne said, adding that the singer appeared to be "assisted or under the influence of something." (AP) Payne didn't deem MJ being loopy as a problem with drug addiction. He said that from what he observed he was not concerned at all.(ABC7)

Payne, the choreographer, said he witnessed Jackson's unusual behavior several times in the weeks before his death. The singer also appeared groggy during some morning sessions, Payne said, and Jackson occasionally complained he was having trouble sleeping.(AP)

Payne said Mr. Jackson explained to him he had trouble sleeping. He's not sure how much weight MJ had lost.(ABC7)

Payne mentioned one day in particular at a meeting with Andre Crouch and singers, MJ seemed a little out of it.(ABC7)

Bina played clip of "This Is It" from Jun 4 showing the green screen and making of "Drill" and Michael talking about the cool moves, dancing. Payne said the idea was to show the rehearsals and how things came together. The footage himself wasn't altered, but there was editing. Payne said they picked the best of the rehearsal to include in the documentary. He wanted to reshoot some scenes but was not allowed. (ABC7) Payne, who was an associate producer on the “This Is It” documentary, said the footage of Jackson had not been retouched or altered. (LATimes)


Jackson cross

Attorney Brian Panish cross examined Payne. He asked if MJ ever performed the entire show from beginning to end. Payne said no.(ABC7)

Was he ready to perform for an audience, Panish asked.
"I thought he was on his way to the goals he had set for himself," Payne answered. "All I saw was improvement and getting closer to the goals."(CNN)

Payne purchased copy of his deposition and watched it prior to coming to testify. He talked to Stacy Walker yes but not about her testimony (ABC7)

Payne's impression was that MJ loved being a father. He said he saw the beauty of their relationships, loyalty one another. "When we rehearsed, we had meals togethers," Payne recalled, talking about MJ and all three children. Payne thought the relationship between MJ and Prince was awesome, Michael was a proud father, great to see how they interacted. Prince wanted to be a director, Michael would point out things to him during rehearsal should that be his career, Payne remembered. As to Paris Jackson, Payne said be saw a very protective young lady, smart, astute, with knowledge of the production, very hands on. Payne said Paris seemed beyond her age, she was the female of the house, had lots of responsibilities, loved it, protective of the family. Paris was coming to find out MJ's global success, Payne said, adding that she would bless the food they ate. Payne said Paris was the most vocal of the children, always concerned about things in the house, asked what they wanted 2 eat, handled a lot. Blanket was the most quiet of the 3, Payne said, but was always very close by, in the rehearsal room. Michael guided and mentored him. Payne said he would be proud if MJ was his father and agreed the children suffered a tremendous loss. (ABC7) When rehearsing with Jackson at his Holmby Hills residence, Payne said the singer clearly delighted in being a father. Jackson encouraged his son Prince’s dreams of being a director, allowed son Blanket to attend his dance rehearsals, doted on his daddy’s girl, Paris, and shared meals with all three. (LATimes)

“I saw the beauty of their relationships. I saw their loyalty to their father, I saw his loyalty to them."-Travis Payne (LATimes)

Panish: Was Paris a Daddy's girl? Payne: Yes, I believe so (ABC7)

Payne was often inside Jackson's home rehearsing with him during his final weeks. He got an intimate view of what he called "the beauty" of Jackson's relationship with his three children.
Payne saw "their loyalty to their father" and their father "enlightened them and taught them," he testified. "I was very proud to see Michael as such a loving father."
His description of the close relationship Paris, 15, and Prince, 16, had with their father four years ago could foreshadow the significance of the children's testimony later in the trial.
Paris, who was 11 at the time, was "a very retentive young lady who was very, very smart, very astute," Payne testified.
"She had full knowledge of the day-to-day operations, from the time of lunch and what it was going to be, she was hands on -- far beyond her age," he said. "She had a lot of responsibility, which I think she welcomed.
Payne said she was "the female of the house," and also "a daddy's girl."
"She really loved her father," he said. "At that time, she was coming to find out his global successes and presence, so she would wear her Michael Jackson t-shirt, headband and bag," he said.
It was Paris who would bless the food when they were have lunch with their father at home, he said.
"She was always the most vocal of the three children and was very concerned about many of the details of the house, was the temperature correct, what do you want to eat," Payne testified. "She just handled a lot for her young age."
Jackson's relationship with son Prince, then 12, was "awesome," Payne said.
"It was great to see how they interacted," he said. "Prince wants to be a director, so Michael would share conversations with him about that process and point out things during our rehearsals,."
Blanket, who was 7 his father died, liked to watch his father rehearsing his dances with Payne in the basement studio of their home, Payne said.
"He was quiet, but always right there with his dad," he said. (CNN)

Payne always carries a video camera with him and shot videos of rehearsal. AEG took the footage that Payne shot and never returned to him. Email from Randy to Paul: "Make sure you take out the shots of MJ in that red jacket... He looks way too thin and skeletal." Payne said he was not aware of the email. He said MJ looked thin, but not skeletal. He doesn't know if Paul/Randy took any the footage out (ABC7) He told the jury he thought Jackson was thin, but told the jury he wasn't aware of an email that AEG executives sent seeking to remove footage of Jackson rehearsing from the "This Is It" film in which he was described as looking like "skeletal." The email was not displayed for the jury.(AP)

As to MJ's relationship with Katherine, Payne said there's no secret MJ loved his mother very much. It is kind of common knowledge (ABC7)

Karen Faye is a make up artist. She designed the make up, was always there when Michael was there, Payne testified. Payne said Faye and MJ had a long term working relationship. They spent a lot of personal time together. Faye was concerned and frustrated how Michael looked. She went to Payne kind of in an aggressive way. Payne told her to report to Ortega. (ABC7)

Payne said he wanted MJ to have a physical therapist, nutritionist, massage, have his family around. He said this was a different scenario. "This was the first time MJ was working with AEG," Payne testified, saying he had always been hired by MJJ production before. Payne said this was the first time MJ was not the sole producer of the show. Payne started working without a signed contract. This was the first time he was hired by a company other than MJJ. He was being paid by AEG. Panish showed Payne's written contract. It is between Payne and AEG, beginning April 1, 2009. The contract said only AEG could cancel it. (ABC7) Payne, who had worked with Jackson in the past, said he was usually hired by MJJ Productions and that the concerts represented the first time Jackson didn’t have full control. He testified that there was a delay in his contract with AEG because the salary was not in line with his standard charges, but that things worked out after he had a conversation with Jackson. Payne also said he believed AEG was paying Murray’s salary, not Jackson. (LATimes)

Payne was hired and paid by AEG. His contract was with AEG.
Panish: Who could fire you. AEG?
Payne: I'm sure (ABC7)

Payne said AEG didn't want to pay what he regarded as his standard operating cost. Jackson said to pay him what him and his agent requested (ABC7)

Panish asked if Payne remembers receiving a text message from Karen Faye asking him why he was lying to the media after MJ died. "I do not remember receiving text message from Karen Faye asking why I was lying to the media," Payne explained. (ABC7) Payne asked about text msg from Faye after MJ's death, accusing him of lying to media. Payne did not recall such a thing (LATimes) Things became heated when Panish inquired about a text message Jackson's hair and makeup artist Karen Faye sent to Payne that accused him of lying to the media. Payne said he didn't recall such a message. He said that earlier Faye had approached him in an "aggressive" way about her concern for Jackson's health but he told her to take her concerns to Ortega.(LAtimes)

Panish: Were you upset when MJ died?
Payne: Yes (ABC7)

Panish shows a picture of Payne at the red carpet premiere of "TII" documentary. He agreed he was happy about the premiere. (ABC7) During cross-examination, Payne was shown several photos of premieres for the documentary “This Is It.” In one, Ortega and AEG executive Randy Phillips flank Jackson’s manager, Frank DiLeo, who has a cigar hanging out of his mouth. All three are grinning. Brian Panish, the attorney for Jackson’s family, remarked that everyone looked pretty happy. (LAtimes)

Payne said he wasn't privy to details of what was expected of Dr. Murray. AEG was producer/promoter, but MJ was the star, had to be happy(ABC7)

Panish reminded Payne that he had testified in his deposition that AEG was trying to protect its “investment.”

“I don’t have a dog in this race so I’m not on either side,” an aggravated Payne countered. “I’m just saying I don’t want to be painted as somebody who’s trying to mask anything.” (LAtimes)Payne got frustrated with Plaintiffs attorney: "I don't have a dog in this fight," he said, adding that he felt Panish was being aggressive (ABC7) After several hours of testy exchanges with Panish, his voice quivered and he dabbed his eyes with a tissue.

"I don't have a dog in this race," Payne said at one point. "I'm just trying to have a conversation with you and tell the truth." (AP)
Panish asked Payne if defendants' attorney approached him during lunch to show him some documents. He said yes, saw parts of his deposition. (ABC7)

Under cross examination, Payne acknowledged that some of Jackson's behavior, including grogginess, lethargy, insomnia and occasional paranoia, were possible symptoms of prescription drug abuse. He also said that despite testifying earlier that he worked with Jackson one-on-one five days a week, he couldn't recall how many rehearsals the singer actually attended.(AP)

Plaintiff’s attorney Brian Panish after lunch break got Travis Payne to concede Jackson wasn't present for a May 19, 2009 rehearsal. Payne also conceded that Jackson was a no-show for a June 22, 2009 rehearsal. (AP) Panish confronted Payne saying that yesterday he said he was with MJ at a dance studio on May 19, that they were up on their feet, danced.

Panish: Sir, MJ was not with you May 19, 2009, was he?
Payne: No
Panish: He was at the doctor
Payne: If you're saying, I'm not disputing
Panish said that on May 19, MJ was having a cyst removed at Dr. Klein's office, so he could not have been rehearsing with Payne.
Panish then said on Jun 22 MJ wasn't there either, "wasn't he?"
Payne said he didn't know. Panish said MJ was at another doctor's office (ABC7)

Payne said he may have made a mistake about Jackson’s whereabouts, and he didn't know the pop singer’s personal schedule. Travis Payne had testified yesterday that he and Jackson ran through certain songs on May 19th. He said today he was testifying based on the schedule and notes he compiled and that his recollection might be wrong.(AP)

"We're human, sometimes we make mistakes," Payne explained, saying he's not disputing that MJ was or wasn't there on those dates. (ABC7)

Payne said there was always something for MJ to do. "He needed to come to rehearsal, it was part of the job." (ABC7)

Payne said MJ had hard time picking up some of the material. Email from Ortega to Gongaware: "He has been slow at grabbing hold of the work" (ABC7) Jackson was having trouble learning dances, choreographer Travis Payne says (CNN)

"Prior to June, I notice Mr. Jackson was thinner than I recognized him," Payne said, noting he never saw sudden weight change in MJ. (ABC7)

Second time Payne saw Dr. Murray was the night before MJ died at Staples Center. "I wanted Michael to go home and go to sleep" Payne recalls. Payne said he felt that Dr. Murray didn't look like a doctor to him and didn't feel he was an official doctor who should be working for MJ. Payne knew MJ had sleeping problems and that Dr. Murray was treating him for that. Ortega also knew; Payne thought Gongaware was aware too (ABC7) Payne also said he and Ortega knew that Jackson was having sleep problems. Attorney Brian Panish asks if AEG executives knew. There were several objections, and Payne was only allowed to answer “No” as to whether Paul Gongaware knew about Jackson’s sleep problems. (AP) (Note : There’s a conflicting info here)

Something about Murray felt off, Payne said. “He didn’t feel like an official doctor,” he said. (LATimes)

Panish asked Payne about choosing Jackson’s dancers for “This Is It.” Payne says they were whittled down from 5,000 applicants. (AP) Applicants submitted video clips and their submissions were used to cull down potential dancers from there. (AP) Payne said they received 5,000 applications for dancers, about 2,000 showed up 4 the audition. Payne says about 2,500 people showed up for a casting call. He taught them some dance moves, and the pool was further narrowed down. One note about the backup dancers _ Michael Jackson chose them from a group of finalists. (AP)

Panish then asked Payne whether he knew how many doctors AEG interviewed to work with Jackson on “This Is It.” “No,” Payne says. (AP) He didn't know how many doctors AEG screened (ABC7) Payne also says he isn't aware how much interviewing or investigation into Murray that AEG did. (AP) (Panish’s point appears to be that there was more scrutiny of Jackson’s backup dancers than Conrad Murray. AP)

During preparations for his anticipated “This Is It” performances in London, Michael Jackson at times seemed “under the influence of something” during rehearsals and once couldn’t take the stage because he appeared incoherent, Payne testified. Travis Payne said Jackson had trouble picking up some of the show’s choreography and requested a teleprompter to help him with lyrics — something the singer had never done before. (LATimes)

Payne said he was aware that Jackson had problems sleeping and chalked up the singer’s sometimes erratic behavior to sleep aids or sedatives from his dermatologist visits. (LATimes)

“You have to understand that one always says hindsight is 20/20,” he said. “In the moment I had no inkling of what, ultimately, what was revealed until Mr. Jackson’s passing.” (LATimes)

Payne saw MJ tired and fatigued. He agreed that those symptoms could be signs of drug addiction. Payne was aware that MJ was losing weight during rehearsals and he had not seeing him lose weight like that before. "He was not in great physical shape and was sore," Payne said. Payne felt that the reason MJ was groggy was because he was getting some sort of sleeping medication. "He just seemed assisted" (ABC7)

Payne says at one point, he told Kenny Ortega that Jackson appeared “assisted” _ meaning that he thought he was on drugs\meds. (AP)

Payne said some people were concerned about the goals not being met, including Randy Phillips and Paul Gongaware. (ABC7)
Payne said that he thought MJ was under some type of sedative after the came back from Dr. Klein's office; he would have cosmetic work done. Payne learned what Demerol was after MJ died. He also remembers a mention of Demerol in the song "Morphine". (ABC7)
"He was losing weight, he was sore, working up his stamina. Lack of sleep and proper nourishment were starting to show," Payne explained. (ABC7)

Panish asked if MJ knew the lyrics of his songs. "I think he did, he knew most of them, but he wanted to have a TelePrompTer for safety" Michael asked for the TelePrompTer, he didn't want to make any mistake, 2 refresh his memory. Also to use for sequence of songs, Payne said . Payne agreed that it was very unusual for MJ to have TelePrompTer with the lyrics of his own songs. He never used it before. (ABC7) He also asked that a teleprompter be placed near the stage to help him remember song lyrics, something Jackson had never used before during a concert, he said. (CNN) He said Jackson wanted to use a teleprompter during the shows as "extra security," but it was an aid the performer had not used in his two previous tours.(AP) Payne didn't specify which songs Jackson wanted teleprompter for, but said MJ had never used one on tour before. It was plaintiff's attorney Brian Panish who questioned whether Jackson could remember words to his songs. Travis Payne said the teleprompter was "extra security" for Jackson and would inform of him of changes in show, words for speeches.(AP)

Payne said a body double was requested for MJ. Misha Gabriel was MJ's body double, but shorter than him. Some of the scenes in the documentary are with the body double, Payne testified. Payne remembers at the Culver Studios in Smooth Criminal there was a stunt and Misha was asked to jump thru glass plate. (ABC7)

Payne said most it the time, MJ was present at rehearsals. "It wasn't s big deal," he expressed.(ABC7)

Panish showed an email from the band leader Michael Bearden: "MJ is not in shape enough yet to sing this stuff live and dance at the same time," Bearden wrote. "He can use the ballads to sing live and get his stamina back up, Once he's healthy enough and have more strength I Have full confidence he can sing the majority of the show live. His voice sounds amazing right now, he needs to build it back up. I still need all big dance numbers to be in the system so we can concentrate on choreography." (CNN)

Payne was aware that AEG was considering in mid June pulling the plug on the show. He said MJ looked exhausted and paranoid on Jun 19 (ABC7) Jackson's condition and missed rehearsals led to talk within the last 10 days of Jackson's life that AEG Live LLC, which was promoting "This Is It," might cancel the concert series.(AP) "It was 'We've got to get this together or the plug may be pulled,'" Payne says (CNN)

"It was 'We've got to get this together or the plug may be pulled,' " Payne testified. Jackson was having trouble learning some of his dances in the final weeks, he said. The jury saw an e-mail from show director Kenny Ortega saying Jackson had "been slow at grabbing hold of the work." (CNN)

Payne was working for AEG and said he relayed his concerns about Jackson's possible prescription drug use to tour director Kenny Ortega. Jackson was struggling to get into shape for the shows, and Payne said his voice coach suggested using a voice track for fast-paced songs until the singer's stamina improved. Travis Payne said he expressed concerns to the director of the "This Is It" shows that Jackson might be misusing prescription medications and was exhibiting troubling signs of insomnia, weight loss and paranoia in his final days. (AP)

Payne went to MJ's house on June 20. He was cold and had to light the fireplace and rub his hand and feet to warm himself up. (ABC7)

Panish showed a picture of MJ on June 24 rehearsing Thriller. Payne said MJ improved but was not at his best yet. (ABC7)
Payne knows of one incident, June 19 at the Forum, where MJ had to be wrapped around in a blanket and be in front of a heater. (ABC7)

Panish: Around June 20, was Ortega in the mindset that MJ was not ready for this?
Payne: Yes (ABC7)

Payne said MJ was not ready, it was not the MJ he knew. He died four days later. But he didn't see anything that alarmed him on June 23/24 (ABC7)

Panish: Did you see that MJ was getting pressured to get everything done in the last days?
Payne: Yes (ABC7)

Payne said he could sense something was wrong, but didn't know what it was. (ABC7) "You could sense that something was wrong, you just didn't know what it was?" plaintiff's attorney Brian Panish asked. Yes, Payne replied. (AP)

Payne said he had not seen MJ in the condition he saw him on June 19. Last two days were better. (ABC7)

Payne cried when he said he never doubted MJ and that part of his responsibility was to help getting him there, ready for the tour. (ABC7)

Payne said Jackson’s performances in the final days of his life were impressive, and it felt “like we were definitely on an upswing.”

“I never doubted Michael because he was the architect of this and he wanted to do it, so part of my responsibility was to help him get there,” Payne said, his voice racked with emotion. (LATimes)

Panish ended his direct examination of choreographer Travis Payne with three questions.
Panish: Did you see that Michael Jackson appeared to be pressured to get everything done at the Staples last rehearsals?
"Yes," Payne said
Panish: "The pressure about the shows started to manifest itself physically in Michael Jackson."
"Yes," Payne replied.
Panish: You could sense that something was wrong, you just didn't know what it was."
Payne responded "Yes." (AP)

AEG re-direct

Payne’s demeanor changed after Panish finished questioning him. He was holding back tears when AEG attorney started re-direct examination. For the next several moments, Payne blinked and dabbed both eyes with a tissue. It was first time he’d gotten emotional on stand. (AP)

Bina in re-direct asked: Do you think you could get him there?
Payne: Absolutely! (ABC7)

On re-direct examination, AEG attorney Jessica Stebbins Bina asked Payne again about how many rehearsals Jackson attended. Payne replied that it was a “significant” number, but he couldn’t recall dates, precisely how many that Jackson attended. (AP) Payne said MJ was present a significant amount of the days he was scheduled to work. (ABC7)

As to Gongaware email regarding what was expected of Dr. Murray, Payne said the inconsistencies with MJ missing rehearsals warrant a talk. Payne said he thought Dr. Murray was there to care for his patient, making sure right nutritionist was there, to get him ready for the show. Payne never discussed with MJ about his doctors or personal affairs. Payne and Faye were professionals with each other, but not friends. (ABC7)

"Production felt he wasn't coming to rehearsals enough, and that was frustrating to some of the staff," Payne testified. "I had a concern we needed to create a show Michael would enjoy doing it," Payne explained. (ABC7)

She also showed Payne photos from the “This Is It” premiere. Photos were of the choreographer with Jackson’s brothers. FStebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere. First photo is of Payne shaking Jermaine Jackson’s hand at the “This Is It” movie premiere. Stebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere. (AP)

Payne said Jermaine was at the premiere. Bina shows pic of Payne and Jermaine shaking hands; pic of Jermaine, Kenny, Tito, Jackie, Marlon. Payne cried saying he had been through so much and the rough part was behind them. He was pleased to show the fans what the show was to be. (ABC7)

Jackson re-cross

In re-cross, Panish notes that none of MJ's brothers are part of this lawsuit. (ABC7)

Plaintiff’s attorney Brian Panish then asked Payne whether Katherine Jackson and singer’s kids went to premiere. They didn't. Panish says Katherine Jackson, her grandchildren didn’t go to “This Is It” premiere because they weren’t over Jackson’s death. Payne said he didn’t think anyone was over Jackson’s death with the film premiered in late 2009. (AP)

Payne said he saw MJ cold once at his house, MJ asked him to feel his hands, another at Staples -- MJ was wrapped in a blanket, w/ heaters (ABC7).

Payne's understanding was that Dr. Murray was to provide what the artist needed, as far as nourishment, rest. As to Gongaware's email, Payne said he took to understand that Mr. Jackson needed to have proper nourishment, care, and masseuse. Payne believed the doctor needed to assure comfort of the star so they could have productive rehearsals. (ABC7)

“My understanding was that Dr. Murray was to provide whatever the artist needed as far as nourishment, the ability to rest well, so he could have productive rehearsals,” Payne said.(LATimes)

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

No court on Wednesday May 15 as one of the jurors will be attending a funeral. Court resumes Thursday May 16 afternoon.


Zusammenfassung von Ivy MJJC #13

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

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

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[Lena]

Karen Faye Cross

Q:Sie sagten Sie hatten die Unterhaltung mit Rebbie zwischen 1990 und 2005. Hatten Sie eine ähnliche Unterhaltung mit irgendeinem Familienmitglied bis zu seinem Tod?


A: Ich glaube ich hatte Unterhaltungen, aber in sehr kurzer Art mit Randy Jackson während der Zeit. Ich glaube es gab kurze Erwähnungen mit Randy Jackson während der Prozess-Situation.
Es gab Besorgnis um seine Verfassung.


Q:Und wissen Sie ob es jemals Versuche gab wegen dieser Besorgnis, z.B ihn in Reha zu bringen?

A: Es ist mein Verständnis das es sie gab.


Q:Es ist Ihr Verständnis, dass die Familie versuchte ihn in Reha zu bringen?


A:Es ist mein Verständnis, dass es Bemühungen gab Michael zu helfen.


Q:Haben Sie ein Verständnis ob dies mehr als einmal geschah?


A: Es ist mein Verständnis, dass es mehr mehrmals war.


Q:Wie ist Ihr Verständnis ob es jemals erfolgreich war, dass die Familie versuchte ihn in Rehe zu bringen.

A:Ich denke es war nie erfolgreich.



Q:Wissen Sie ob sie nie erfolgreich war? Wissen Sie das sie mit ihren Versuchen scheiterten?


A:Es ist mein Verständnis, dass sie nicht erfolgreich waren ihn in Reha zu bringen.


Q:Kam Rebbie Jackson zu Ihnen in Verbindung mit der Absicht ihn in Reha zu bringen?


A:Rebbie sorgte sich sehr um ihren Bruder. Und sie war sehr besorgt, Ich bin sicher sie versuchten Michael zu helfen in jeder Art sie konnten.


Q:Fragten Sie die Familie warum sie Sie fragten wegen seines Medikonsums?

A: Sie hatten einen Verdacht und wussten, dass ich viel Zeit mit ihm verbringe.


Q: Wissen Sie warum Sie Verdacht hatten?


A: Nein Sie hatten einen Verdacht.

Q: Wissen Sie ob sie sonst noch mit jemand über ihren Verdacht sprachen?


A:Ich bin eine Person mit der sie sprachen. Ich weiß nicht ob sie mit jemand anderen sprachen.


Q: Der Strafproess endete in 2005, richtig?

A:Ja.

Q: Und am Ende des Strafprozesses wurde Mr. Jackson freigesprochen, richtig?


A: Ja


Q:Verließ er dann das Land?


A: Zu meinem Wissen verließ er das Land.


Q. Wo waren Sie als das Urteil verkündet wurde?

A:Ich war in meinem Hotelzimmer in Solvang.


Q:Solvang ist in der Nähe von Mr. Jacksons Estate?


A: Richtig.


Q: Waren Sie dort während des Strafprozesses?


A:Viele Tage,ja.


Q:War jemand mit Ihnen?


A: Tanya und meine Tochter.


Q:Tanya Zilkie?


A: Ja


Q: Wann danach sahen Sie Mr. Jackson?


A: Danach sah ich ihn nicht mehr.


Q:So Sie waren im Hotelzimmer und verkündeten seinen Freispruch und Sie sahen ihn dann mehrere Jahre nicht mehr, richtig?


A:Richtig.


Q:Und er verließ das Land und Sie wussten nicht was geschah, richtig?


A:Nein. Ich sah es in den Medien. Die Leute erklärten mir was war.


Q: Das war in 2005. Kamen Sie zum Verständnis das er das Land verließ und nach Bahrain ging.


A:Ja


Q: Wann sahen Sie das nächste Mal Mr. Jackson?



A: Sahen oder gesprochen?


Q: Sahen.


A:In Carolwood, Sir.


Q:In Carolwood, dort lebte er für die TII –Tour-Vorbereitung?

A: Richtig

Q: So das war 2009?


A: Richtig.

[Lena]

Karen Faye-Cross

Q:Und während diesen Zeiten, Sie sagten Sie arbeiteten mit Randy Jackson und Mrs.Zilkie, teilten Sie Ihnen Ihre Sorge mit?

A: Ich glaube nicht, Sir.

Q: Und Mrs. Jackson, K. Jackson. Sie war jeden Tag beim Prozess, richtig?

A:Ja

Q:Gingen Sie tagsüber zum Prozess?

A:Mir war es nicht erlaubt, ich war auf der Zeugenliste.

Q: Haben Sie ausgesagt ?

A: Nein

Q: Haben sie mit anderen über Mr. Jacksons Medigebrauch gesprochen?

A:Michael Bush

Q. Das ist Mr. Jacksons Dressing Man, richtig?

A: Ja

Q: Niemals mit Mr. Jackson selbst, richtig?

A: Nein, Sir.

Q: Gibt es einen Grund dafür?

A: Die Zeit, die ich mit ihm verbrachte, war eine Zeit des Friedens. Keine Konfrontation. Er musste ins Gericht. Ich sah ihn nur am Morgen. Es war mein Job, es war meine Pflicht als Freund diese Zeit so friedlich wie möglich zu machen bis er ins Gericht musste. Ich wollte ihn mit nichts konfrontieren, was immer er auch tat. Ich könnte ihn nicht beschuldigen dafür, wegem dem Schmerz, dem phys. u. dem emotionalen Schmerz.

Q:: Hat Mr. Jackson Sie je nach Schmerzmittel gefragt?

A: Er frage mich einmal.

Q: Und was sagten Sie.

A: Ich habe keine.


Q:Sahen Sie jemals das Mr. Jackson Medikamente in der Zeit nahm?


A: Als er ins Krankenhaus ging, schien es als wenn sie ihm welche gegeben haben.


Q:Eine andere Zeit aus dem Krankenhaus wo er so erschien?


A:Nun, an dem Pyjama-Tag war es offensichtlich.


Q. Das war der Tag als sie ihn vom Krankenhaus brachten?


A:Nein, ich schaute es im Fernsehen, als er aus dem Auto ging.

Q:Sie sahen ihn im Fernsehen und dachten er steht unter Einfluss?


A: Er ging zum Krankenhaus, sein Schmerz wuchs, sein Gewicht sank drastisch.

Q:Wussten Sie warum Mr. Jackson ins Krankenhaus ging?


A: Er sagte mir er hat extreme Rückenschmerzen.


Q:Sagte er es hat mit dem Fall in München zu tun?


A:Ja.


Q:Aber Sie glaubten ihm nicht?


A:Ich glaubte es, ich glaube er hat Schmerzen und als er schmaler wurde und schwach hat es die Verletzung verstärkt.


Q: Gab es je eine Zeit wo Mr. Jackson zugab ein Medikamentenproblem zu haben?

A: Öffentlich oder mir persönlich?

Q: Ihnen persönlich.


A:Nein.


Q:Sie sagten es gab eine Zeit wo Sie eine Unterhaltung mit Rebbie Jackson bzgl. seines Medikamentenkonsums hatten?


A:Ja.


Q: War es in dieser Zeit?



A:Wie ich vorher sagte, ich kann mich nicht exakt an die Zeit erinnern.



Q:Es war in Ihrem Haus?



A: Ja.


Q:Versuchten Sie sie zu erreichen mit Ihrer Sorge?


A:Sie versuchte mich zu erreichen.


Q:Wissen Sie warum sie sie versuchte zu erreichen.


A: Sie sagte mir, dass sie nach ihrem Bruder fragen wollte.


Q:Wissen Sie was Sie ihr erzählten?


A: Alles was ich konnte. Ich beantwortete all ihre Fragen.

Q:Wissen Sie ob es nach dem Prozess war?


A: Ich sagte Ihnen davor. Ich kann mich wirklich nicht an die Zeit erinnern. Alles was ich sagen kann, es war zwischen 1990 und 2005. Ich weiß nicht wann es war. Ich wünschte ich könnte.
Vielleicht weiß es Rebbie und Sie fragen sie.


Q: Hatten Sie nie eine Art der Unterhaltung mit einem anderem Familienmitglied?

A:Nicht im dem Ausmaß


Q:Warten Sie. Zwischen wann und wann?

[Lena]

Karen-Faye-Cross

A:Für mich gab es über und unter der Linie. Das ist so klar wie es eben ging für mich. Wie ich sagte ich war nie sicher welche Verantwortungen die Leute über der Linie hatten. Es gab eine Menge Leute drumherum. z.B Charles Bobbit. Ich war nie sicher über die Position, noch fragte ich um Klärung.

Q:So an verschiedenen Punkten wurden Sie gefragt ob jemand Manager war. Sie haben angenommen welche Rolle jemand spielte. Das war nichts was Ihnen jemand gesagt hat, es sind Ihre Vermutungen?

Einwand-Überstimmt

Q:Ihre Bewertung ist über und unter der Linie?

A Das ist eine der Faktoren, ja.

Q: Nun Sie arbeiteten weiter mit Mr. Jackson. Eine schwere Zeit, Anfang der der 2000er, der Strafprozess.

A: Es war Mitte 2000, glaube ich. Oh ja die Anschuldigungen, wir waren in Las Vegas als dies passierte und es herausfanden.

Q:Woran arbeiteten Sie ?


A: Wir arbeiteten an einem Song für Invincible, ich kann mich gerade nicht erinnern (One more chance). Es war so kurz, weil


Q: Das ist 2003. 2005 war der Prozess, richtig?


A: Richtig.

Q:Sie sagten heute Morgen auch, dass Sie mit Randy Jackson arbeiteten. Was war das? War es in dieser Zeit?


A:Ich kann nicht sagen ich arbeitete mit Randy Jackson. Ich arbeitete an der Webseite.

Q: Das war die Webseite gegründet von Michael und Randy Jackson, richtig?


A:Richtig.

Q:Arbeiteten Sie auch mit Tanya Zilkie an der Webseite?

A: Richtig

Q:Mrs. Zilkie sagten Sie heute Morgen ist auch Ihr Agent/Repräsentant?

Q:Ja

Q: Mrs. Zilkie wurde später Ihr Manager?


A: Nicht Manager. Sie managte nicht meine Karriere. Ich traf sie nach dem Prozess. Der Prozess war vorüber und Michael freigesprochen. Diese Zeitperiode, die wir miteinander verbrachten war sehr intensiv. Und wir kamen uns sehr nahe. Und wir sagten uns nun was.
Wir rappelten uns zusammen. Sie ist gut im organisieren und wir hatten einen guten Rapport auf der Webseite. Ich fragte Sie ob sie mich repräsentieren würde, nicht meine Karriere managen oder Jobs finden , sondern ein Zwischending wenn Dinge entstehen. Es ist nicht gut für einen Künstler selbst die Gage auszuhandeln mit dem Klienten. Ich brauchte jemand der die Verträge aufsetzt.

Q:Gestern sagten Sie es gab eine Zeit im Prozess wo Sie besorgt wurden bzgl. Medigebrauch von Mr. Jackson. War das die Zeit des möglichen Medikamentengebrauches?


A Die Zeichen waren da.

Q:Was waren die Zeichen?


A:Als er ins Krankenhaus ging. Die phys. Schmerzen. Er war unter Stress, konnte nicht schlafen, die Rückenschmerzen und das Emotionale da durchzugehen. Es ist schlimm genug für mich darüber zu reden. Es ist nicht vorstellbar was er durchmachte.

Q:So Sie fingen an sich Sorgen zu machen. Wie lange war der Prozess?

A: Um die 3 Monate.

Q:Und wuchsen in dieser Zeit Ihre Sorgen über den Drogengebrauch?


A:Ich war wachsend besorgt um sein Wohlbefinden, Sir.

Q:Und diesen Morgen sprachen Sie darüber, dass sie zusammen beteten als sie in fertig machten.

A:Ja.

Q: Sagten Sie etwas in diesen Zeiten zu Mr. Jackson, dass Sie besorgt sind?


A:Nein