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

[Lena]

Jacksons vs AEG - Day 83 – September 20 2013 – Summary


Dr. Allan Metzger testimony

AEG cross

Kathryn Cahan, attorney from AEG, did cross examination.

Cahan asked if the doctor met with Jacksons attorneys and other things he did last night to prepare for his testimony. Tried to sleep and chilled out, Dr. Metzger responded. Dr. Metzger said he will bill the plaintiffs $1,000/hour for testifying today. He’ll bill 6 or 7 hours for the time on the stand yesterday. Cahan asked if Dr Metzger were to do this for 8 hours/day he’d make $240 thousand a month. “I’d never do this 8 hours a day,” he answered. The doctor said he retired earlier this year from seeing patients.

Metzger: I told MJ I wanted to have as much information as I could about his health wherever he was. Sometimes I got it, sometimes I didn’t
Cahan: Did you ever discuss with MJ your concerns about doctor shopping?
Dr. Metzger: Yes

Dr. Metzger said he explains to all of his patients he wants to know all the doctors they are seeing due to potential harm of medications.

Cahan: Michael didn’t take your warnings seriously, did he?
Dr. Metzger: At times he did.
Cahan: Regarding the risks of taking medication this way, was it your impression he didn’t take you seriously?
Dr. Metzger: I believe he took it seriously, but I believe he forgot it at times since he was too busy.

Cahan played video deposition of Dr. Metzger where he said he was frustrated that other doctors were giving MJ medication he didn’t know. I don’t think he took it very seriously because he trusted doctors to take care of him, Dr. Metzger said in the depo.

I think he really didn’t take it seriously he could have a reaction from taking different medications, Dr. Metzger testified.

Cahan: You said MJ took great joy in making it a secret to everybody and that it was part of his mystique, correct?
Metzger: It was part of his privacy, his mystique perhaps. There were concerns of MJ seeing several doctors. I’d not call it doctor shopping

Cahan played Metzger’s video deposition where he said he heard concerns from Debbie, Karen, Hoefflin, Klein that Michael was doctor shopping. He took pain medication the average person wouldn’t, Dr. Metzger testifies in his deposition. Metzger said privacy and secrecy played a role in MJ’s medical care. He didn’t recall seeing pill bottles with doctor’s name he didn’t know At times, MJ was secretive about the doctors he was seeing, the medications he was taking and the procedures he was having, Dr. Metzger said.

Dr. Metzger said he had no restrictions of where to go in MJ’s Carolwood home during the April 18, 2009 visit. Cahan played video of deposition where the doctor said he never went upstairs at Michael’s house. But he said in court he went to the second floor’s landing to get a cat and saw into all the rooms. Cahan asked which one was the truth, whether he went upstairs or not. Dr. Metzger said he did not go upstairs with Michael. Dr. Metzger: I went up to the landing where you could see the room where the kids said Michael was and the doors were wide open.

Dr. Metzger claimed he didn’t see any medical equipment in MJ’s house. “He was certainly anxious and desperate over sleep,” he said.
Cahan: How MJ looked on April 18, 2009?
Metzger: He looked fit, he was bouncing, the same Michael I knew, lucid
There was no suggestion of medication I could detect, Dr. Metzger recalled.

He said Michael was always trim and muscular. “He was ready to go, except worried about sleep,” Dr. Metzger testified. I think he was handling stress better than I thought he would he said. “I’ve seeing him before other tours, he seemed more anxious” He seemed in charge and ready to go, the doctor said. “He was excited, anxious.”


Jackson redirect

In re-direct, Dr. Metzger said that on April 18, 2009 he was not aware of MJ having any intravenous medication.. Chang asked if on April 18, 2009 MJ looked skeletal like the picture from June 19, 2009. “Absolutely did not look like that,” he responded.

Regarding Chang’s recommending Eric George to be his attorney, Dr. Metzger said Chang was enthusiastic about him. In fact, he said, Chang didn’t even recommend that the doctor talked to anyone else. Dr. Metzger and Chang met with George for about 1 hour. Chang: Is it terrifying to testify in front of the entire world? Metzger: Yes. I wanted to make sure I knew how to answer properly about MJ. Chang said she wanted to clear up that her firm is not paying Dr. Metzger’s attorney Eric George. Dr. Metzger: I have not received any bills from Eric George yet. She asked if he had any reason to believe that was not true. He said no. Dr. Metzger said $1,000/hour is the standard rate he charges any attorney when he does depositions or testifies in court. Dr. Metzger charged AEG $9,000 for 9 hours of deposition in this case. He said he charged the same hourly rate for the Lloyds of London depo. Chang: In the 46 years you’ve practice medicine, it the rate pretty standard for doctors? Dr. Metzger: It’s standard in my office. Dr. Metzger said the fee he charges does not influence his testimony in any way.

He said Paul Gongaware was the producer at MJ’s tour in Sydney, Australia. Chang: Did you believe it was any secret in Australia that Michael could not sleep after the performances? Dr. Metzger: No, I think everyone understood that. He was a perfectionist, Michael could not sleep after the shows. Whatever he did it, no matter how magical it was, he wanted to make it more magical, Dr. Metzger opined. Chang: Was it for the fans? Dr. Metzger: Yes and for himself, he was a perfectionist. Chang: When someone cannot sleep, does it make someone more anxious? Dr. Metzger: Yes, and it lowers the pain threshold.

Chang: During the Dangerous tour in 1993 did you come to learn that too many prescription drugs were given to MJ? Dr. Metzger: Absolutely!

Regarding prescribing medication under Karen Faye’s name, Dr. Metzger said it was Latisse for eyelashes, Rogaine and cold medicine.

As to doctor shopping, Metzger said his concern about it was in the early 90′s. He said he never prescribed Demerol under Faye’s name for MJ. I’m not aware of any doctor shopping and use of drug that was not appropriate from 1995 and later, Dr. Metzger testified. Chang asked if Dr. Metzger had any proof MJ was taking meds from different doctors. “The only proof I had was word of mouth,” he answered. Michael never told me about many doctors and many medications, Dr. Metzger testified. Chang: And you didn’t have any real evidence? Dr. Metzger: I did hear bits and pieces of medication being prescribed by other doctors in LA. Chang: You agree that you were MJ’s long time doctor and friend for 26 years? Dr. Metzger: Yes

Chang: You met Paul Gongaware in the HIStory tour? Metzger: Yes.

I was concerned about sleep issue and him being groggy, Dr. Metzger said. As to using intravenous medication to sleep, Dr. Metzger repeated he told MJ it was dangerous and he should not do it.

Chang: Paul Gongaware never offered to pay you $150 thousand/month? Dr. Metzger: Correct


AEG recross


Cahan, in re-cross: If Paul Gongaware offered you $150 thousand/month it would be less than what you’d get for being a witness at $1,000/hr? Dr. Metzger: Yes, the math is correct, but I also said I’d not do this full time.

Dr. Metzger recalled overuse of Demerol and some sleep drug issues as being a problem during the Dangerous tour. In 1993, when MJ went to rehab, Dr. Metzger said he learned about it either though Debbie Rowe or Karen Faye or maybe the press. Cahan played video deposition of Dr. Metzger where he said he treated MJ after he went to rehab and never discussed it with Michael. Cahan: Did you discuss MJ’s addiction to painkiller even after learning from the press he entered rehab and continued as his physician? Dr. Metzger: I discussed that in the late 90′s a few times. Cahan: Did he say he had an addiction to painkillers? Dr. Metzger: Yes, he said that in the Dangerous tour he was addicted.

I believe I prescribed mild opioids, vicodin, for significant pain, Dr. Metzger said. This was after MJ had left rehab. As to Latisse, the doctor said the prescription was for both MJ and Faye. He believes this was during the Dangerous tour. Metzger said he was more involved in the 90′s than 2000′s. From 03-09, he was involved only by phone, asked about kids, minor medical issues

Dr. Metzger is excused.


Attorney Eric George Testimony


Jackson direct


George is an attorney for 20 years. He practices civil litigation matters involving businesses.

Panish: Have you ever socialize with me, had dinners with me? George: Not once. I’m very careful the company I keep. Everyone laughed.

He represents Debbie Rowe for the past 8 years. Panish asked how George became Dr. Metzger’s attorney. He said he received a phone call asking if he would be willing to represent him. Panish inquired if he was being paid by Panish’s firm to represent Dr. Metzger. George said no, nor would he accept it. George: It would be inappropriate. I’m here to represent the witness, to tell the truth and let the chips fall wherever they may.


AEG cross


Putnam, in cross: When did you decide you were going to testify? George: It was discussed yesterday after an incorrect answer was given. George said it was suggested that he was being paid about one side. “It concerned my reputation and I wanted to clear that up.” It was something I’d never agree to, he testified.” I was glad to do it and get the record straight.

P: Did you charge him? G: Yes. Putnam: Do you work for Dr. Metzger for free? George: No. P: Are you being paid less than the regular rate? G: Much less. Putnam: Your regular rate? George: No

George never met Dr. Metzger before his case, but said he heard about him from Debbie Rowe. Putnam asked if he thought it was a conflict of interest to represent Rowe and Dr. Metzger. George said there’s no conflict of interest. I’m proud of saying that I’ve never been accused of conflict of interest or unethical conduct and I want to keep it that way, George said. Putnam asked why George agreed to represent Dr. Metzger. One of the most important issues of this time is corporate accountability and responsibility, George said.

Putnam: You made a determination about the outcome of this case? George: I do have strong feelings about this case, yes.

George was then excused.

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Plaintiffs told the court they are resting, pending some issues that are not resolved yet.

Both sides stipulated that the total attendance in the U2 concert at the Rowe Bowl on Oct 25, 2009 was approximately 97,000.

After jurors left, Kevin Boyle tells judge in order to not lengthen the trial even further they’ll not show Sony’s raw footage of This Is It

Attorneys argued plaintiffs’ motion for direct verdict on issue of Katherine Jackson being dependent on MJ. Judge: My tentative would be to grant it. Boyle said he agreed with judge’s position. Plaintiffs want the judge to rule that Katherine Jackson was dependent on MJ for necessities of live. If Mrs. Jackson is considered not to be dependent of MJ, she has no standing in bringing in this lawsuit. Mrs. Jackson didn’t need her son’s money for necessities of life Bina argued. “For 3 years she was getting $120K/year from daughter Janet” Standing is not established if the money from the child only enables the parent to have niceties they might otherwise afford Bina opined. It’s a jury question as to whether the chid’s money is needed, Bina said. Bina argued it’s not contribution to some extent, it’s whether the parent needed the money for the necessities of life. Boyle said the support that MJ was given to Mrs. Jackson was not really disputed. Ackerman testified that Mr. Jackson was paying for many expenses at Hayvenhurst, such as utilities, transportation, food, mortgage. Judge asked if there was record of how money Janet gave Mrs. Jackson was spent. Her money could be for the niceties. Bina said the law is to protect a parent who depends upon a child for necessities of life. Bina: Jury could find Mrs Jackson was not dependent upon MJ for the necessities of life but accepted generous gift to have nicer things. Judge: The fact that he contributes it some way, it doesn’t have to be how much. Boyle argues that the word “need ” is not in any of the case laws. It’s whether they were dependent, to some extent, for necessities of life Judge: The fact in this case is Mrs. Jackson is an 83 year old woman, she doesn’t work, she’s dependent on her children to take care of her. Boyle said defendant’s expert admitted MJ paid Mrs. Jackson’s necessities of life. Bina: A reasonable person could determine that earning $120 thousand a year is enough for food, clothing and shelter. If there was no Michael Jackson at all, Mrs. Jackson would still have $120 thousand a year, Bina said. Notwithstanding how generous MJ was to his mother, the fact is she did not need him to live, Bina argued. Judge to rule within the hour if Katherine Jackson has standing or not. If judge denies motion, jury will have to determine if KJ has standing before they can award her any money — what defense wants. If judge grants it, jury won’t have to make that decision — what plaintiffs want. Big victory in court today for Katherine Jackson. The judge just ruled the matriarch is entitled to seek compensation for the death of MJ.

http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page6?p=3907763#post3907763

Edit: Gestern wurden Jury-Instructions verlesen: Hier zum Nachlesen:

http://www.scribd.com/doc/170454633/...y-Instructions

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Und ergänzend Medienzusammenfassung hier und im Folgepost der kompletten Metzger-Live-Aussage im von Donnerstag und Freitag, sowie der Aussage des Metzger- und D. Rowe-Anwaltes im Rebuttal.

Jacksons vs AEG - Day 82 – September 19 2013 – Summary

Judge Yvette Palazuelos told the jury she’s allowing Jacksons attorneys to reopen their case briefly.


Allan Metzger Testimony

Jackson direct

Attorney Deborah Chang did direct examination. He said he was traveling, returned 2-3 weeks ago. He gave his deposition in September of 2012, about 3 years after Michael Jackson died. He worked with MJ for 25-30 years. The doctor explained he didn’t have all the medical records when he gave deposition, they were spread around to coroners, attorneys.

When Chang asked if Dr. Metzger reviewed trial transcript of Debbie Rowe, AEG attorneys objected and asked for a sidebar. ( Side note: Dr. Metzger and Debbie Rowe have the same attorney, Eric George, the son of former California Chief of Justice Ronald George.)

Dr. Metzger treated other celebrities during his 46-year medical career. He said it’s not unusual for them to use aliases. The doctor said he became very close to Michael Jackson. He started seeing him in 1983 for discoid lupus. After, there was the burn incident. “His pain became unbearable,” he explained.

Dr. Metzger’s daughter was the first one to visit Neverland. She went as part of a charity organization visit, DreamStreet Foundation. The doctor said Neverland was a place of peace. He visited it 12-15 times, sometimes with friends, family, help feed the kids. MJ supervised. Dr. Metzger: MJ dealt with a lot of adversity with generally a positive attitude. I don’t know anyone can share his degree of charity, the doctor said. Dr. Metzger said sometimes MJ would ask about a disease he wanted to know about, but generally didn’t discuss with him the charities.

Normally, Michael was very protective of his short films. But he trusted some people, and Dr. Metzger was one of them.

Over the next several years, he had a terrible burn, issues with his back and neck, he said. The discoid lupus was very scary to him, Dr. Metzger said, and the burns came on top of the discoid. The discoid could travel from his scalp to his face, leading to disfigurement.

Dr. Metzger said Lionel Richie approached MJ and ion one day he wrote “We Are The World” song. Richie did the music. He and Lionel were able to put so many influential people for charity, Dr. Metzger said. Chang played part of “We Are The World” video clip, with major music stars singing it. The song raised money for humanitarian efforts.

Dr. Metzger worked together with Dr. Klein, Sasaki and Hoefflin. MJ’s diseases were incurable (lupus and vitiligo). He said he did pre-operative examination before MJ’s surgeries. I always liked to review what kind of medications he was taking to make sure there was no interaction, Dr. Metzger testified.

Chang: Would you say the first 10 years you saw him were very difficult?
Dr. Metzger: Yes, very difficult

Chang asked about Metzger’s reference that MJ was “doctor shopping.” He explained it was a slang doctors used by the doctors who treated MJ. Dr. Metzger: When he was out of our presence, because he travelled so much, he would use hotel doctor. Dr. Metzger: MJ had to shop around in the city for quality physicians for himself and his children. Dr. Metzger said he was always involved in MJ’s medical care because he wanted to make sure MJ was safe.

Michael was very private, Dr. Metzger opined. He said often he wanted to know about his medical care, but often didn’t. He’d rely on others and had faith in the medical profession, Dr. Metzger said. “He often bounced things off me.”

Chang: Was your belief he looked for doctors to get drugs?
Dr. Metzger: No
Chang: Do you believe he was your friend so he could get prescription drugs from you?
Dr. Metzger: Absolutely not! I never gave him Demerol or any hard narcotics.
Dr. Metzger: I worked with Karen Faye, Debbie Rowe, Grace Rwamba.
Dr. Metzger: I was in touch, not as spies, but wanted to have fingers on the pulse of what was going on with my buddy.

On numerous occasions, Debbie Rowe would talk to Dr. Metzger when she thought other doctors were giving MJ too many painkillers. He said he thinks it’s because Rowe thought he could do something about it.

Dr. Metzger: No. I saw him groggy but never drunk.
Chang: Did you personally ever see MJ under the influence?
I did not ever ever see him intoxicated with too many pain medications, he said.
Dr. Metzger: I wasn’t concerned about anesthesia, I was always concerned about too many surgeries.
Dr. Metzger said he would agree that MJ needed the majority of the surgeries he underwent, specially after the burn.

Dr. Metzger said he did several examinations of Michael for insurance prior to tours. Metzger: I was informed he’d (Forecast) be taking over the medical role, and I would not be needed because of the distance.

Dangerous tour: Dr. Metzger got a call during the tour. There were couple of issues related to dehydration and Dr. Forecast administering Demerol. Sleep issues: That was the first time I was aware of the issue, didn’t have problems in Bad tour, the doctor said. Dr. Metzger: I think we had 2-3 discussions on how to lower the dose of Demerol. Chang: Did you try to work with Forecast to resolve the issue? Dr. Metzger: I don’t know if he didn’t follow my recommendations or it didn’t work.


Dr. Metzger said he watched MJ’s short video “Ghost.” Chang showed photo of Dr. Metzger and Michael Jackson as the white mayor. Chang: Did he enjoy going out incognito? Dr. Metzger: Oh, he loved it!.

The doctor said MJ always had a message in his short film, that humans should be human beings to each other. Chang played clip of “Heal the World” film and “Earth Song.” Dr. Metzger watched them with somber face, shook his head to the beat at times. It’s hard to see that, Dr. Metzger expressed after movies were played, somewhat emotional.

Metzger said MJ approached him to go on “HIStory” tour. He thought it would be fun, wanted doc to be best man on his wedding to Debbie Rowe. Chang showed letter from Metzger to insurance company that he’d be accompanying MJ, cast members and crew (180-190 people) in HIStory tour Dr. Metzger: I basically asked for nothing (payment). I knew this would be an honor, would bill based on being needed. He said he would’ve charged his normal house call rate, if they needed him during the tour. In the tour, his main responsibility was with Michael Jackson. He said he was never approached by a promoter/producer with a contract. Dr. Metzger said he never had the issue where he had to put MJ in danger to continue the tour. I never put in jeopardy his health for performance, he said.

Chang showed Murray’s contract to Metzger and asked if he was ever given a contract that says doctor could be terminated by the producer. I’ve never seen a document like this, Dr. Metzger said. He said he would’ve never signed a document that had that clause in it, it’s a conflict of interest. Chang: Were would your allegiance fall, with the producer or patient? Dr. Metzger: Of course the patient, regardless if it was MJ or not

Dr. Metzger said he knew MJ was going to get married to Debbie Rowe during the HIStory tour. During the tour he found out Rowe was pregnant. Chang: Did he enjoy being a father? Dr. Metzger: Very much so. The doctor said MJ always wanted to be a father.

Dr. Metzger: The relationship was extremely loving, non fearful. Dr. Metzger: I see he did a wise thing over the years of not exposing their faces, so they could go out and not be recognized. It was a beautiful, caring, solid relationship, Dr. Metzger explained.

The doctor said he saw several MJ shows, but nothing like what he saw in Sydney, Australia. Chang played snippet of the show. Dr. Metzger saw all the shows in Australia. He said MJ would lose 7-8 pounds after each performance.

In his deposition, Dr. Metzger said he didn’t remember who Paul Gongaware was. He said he didn’t have all his records with him.

Chang: As the HIStory tour doctor, were you concerned with MJ’s sleeping disorder during the second leg of the tour? Dr. Metzger: Yes, I was

The doctor wrote a letter detailing a plan to help MJ sleep. He said he sent a copy of it to the producer, MJ, Karen Faye, Debbie Rowe. I know that Michael can’t sleep when he’s creating, or after he was creating, he always wanted to make it better, Dr. Metzger recalled. The doctor said he didn’t think there was a plan for Dangerous tour. He didn’t think a good job was done then. Dangerous was cut short so MJ could enter rehab. Dr. Metzger said Dr. Forecast gave MJ too much Demerol. I wanted to be proactive and ready, the doctor said about HIStory tour. He testified he sent a copy of the plan to Gongaware, as producer. MJ was really tired and very frustrated, he felt he wasn’t performing well, Dr. Metzger said about his sleepiness.

Chang: In the 26 years you worked with MJ did he ever ask you for Propofol before the HIStory tour?
Metzger: Those words were never said by MJ
Chang: Did MJ ever ask you to find someone to infuse anesthesia in him?
Dr. Metzger: No

When not under stress, the doctor said MJ could sleep on Tylenol PM, which generally worked.

Dr. Metzger: I had one phone conversation in 2009 and I visited him in April 2009.
Chang: At that time, did MJ ask you for any narcotic or prescription drugs?
Dr. Metzger: No
Chang: Did he ever seek painkillers to get high?
Dr. Metzger: No, I don’t believe this was in any way recreational

Dr. Metzger said MJ was more stressed when he saw him in April 2009 than during the phone call in Feb. 2009. The doctor said the stress was related to “Can I do 50 shows?” MJ indicated he could not sleep, the doc said. “This time he was in a totally different place,” Dr. Metzger said. The doctor said he had free access to the house and the children. “I was ecstatic to see the children,” the doctor said. He was allowed upstairs at Carolwood, did not see any locked doors, medical equipment or oxygen tanks. I had a feeling that any IV given in a home is potentially precarious, Dr. Metzger explained. After leaving the house, Dr. Metzger said he called a few colleagues to see if there was any other medication or avenues to help MJ sleep. He spoke with the head of anesthesia at Cedars Sinai, since anesthesiologists have to manage pain and sleep. I needed advice getting him to sleep and I also asked about a doctor in London, Dr. Metzger explained. I don’t remember if I called back or just relay the message I couldn’t help, the doctor said. Dr. Metzger: Basically he said any IV treatment is potentially dangerous, that he didn’t know anyone who would administer IV anesthesia. April 18, 2009 was the last time Dr. Metzger saw MJ alive.

Dr Metzger: One of the things he discussed was Diprivan.
Chang showed Dr. Metzger the picture of MJ during fitting on June 19, 2009.
Chang: Did he look like this?
Dr. Metzger: Oh no, not at all
C: Would you’ve been concerned?
Dr. M: Oh yes, oh yes

(During lunch break: Outside the presence of the jury, Deborah Chang argued she doesn’t think it’s appropriate for the court to sanction. Chang gave 38 pages of Debbie Rowe’s testimony to Dr. Metzger to read. Judge had ruled that non-retained expert witnesses should not be given copies of other witnesses’ testimony. Chang: I don’t think it was intentional violation of court’s order. I believe we acted in good faith. Judge: The good faith exception, huh? Judge then precluded plaintiffs from asking anything related to the issue German doctors and Propofol used to sleep. Bina: He already testified without the taint of someone else’s testimony. Even if she acted in good faith, it irreparably tainted his memory. Bina said she’s asking for fair remedy here, which is keep this part out of Dr. Metzger’s out. Bina said Chang corrupted the witness by giving another witness’ version of the events so he was able to taylor his answer according to hers Cahan said the 38 pages of Rowe’s testimony detailed the set up the anesthesiologist in German, logistic, what drugs have been provided. There’s no other way to fix this other than keep it out, Cahan urged the judge. Panish: What we did, show him the testimony, is appropriate. Non-retained experts can be refreshed. This is about refreshing his recollection with someone else’s memory, Bina argued. Panish: Defense will argue MJ had long history of use of Propofol. The evidence here is that Propofol was used in connection with surgeries. Bina: We can never get back what Dr. Metzger’s memory actually was. Judge: Ok, I’m ready to rule. I’m excluding it. )
Chang: Do you recall having a conversation with Paul Gongaware about MJ’s inability to sleep?
Dr. Metzger: Yes, I do.


AEG cross

Cahan inquired about the time of deposition whether Dr. Metzger had MJ’s medical files. Dr. Metzger: Some of my records were given to my attorney at the time, didn’t keep medical records. There may be an insurance file and one major file, the doctor said. His counsel did not give his medical record prior to his deposition. Dr. Metzger said that at the time of his deposition, he received a great amount of the file back, but it was out of order and missing pages.

I told the truth to the best of my ability, Dr. Metzger said about his deposition and his trial testimony.

The doctor said he looked at some of MJ’s medical records over the past several days. “I did not look at 26 years of medical records.” Dr. Metzger said he had, in bits and pieces, taken care of other Jackson’s family members, including MJ’s children. The doctor was very close to MJ and moderately close to the children.

Q: And it seems like you also had a very close relationship with Michael’s children, correct?
A: Yes

In depo Dr. Metzger’s said: Dr. Metzger said he had a moderately close relationship with the children in comparison with his relationship to MJ. He said there were times the children went to his house for dinner, went to the movies.

Dr. Metzger met Katherine Jackson many years ago, he said. He provided some medical care to her last summer. He gave Mrs. Jackson advice about traveling because of her health. Dr. Metzger: I advised her to fly to Arizona for a concert. I do not know where she was in Arizona, I did not advise her to go to a spa. Janet and Randy asked me to evaluate her health, Dr. Metzger said. “I’ve previously taken care of Janet many years ago.” I’m well acquainted with the immediate Jackson family and some other members, the doctor said.

I viewed Michael as a very good friend of mine and I think it was vice-versa, Dr. Metzger testified.

Dr. Metzger said he spoke with Chang on the phone about 2 weeks ago and met her in person with his attorney 2-3 nights ago for an hour. Doctor said he was out of town from middle of July until mid-Aug. Early July he advised plaintiffs’ counsel about his absence. Dr. Metzger first spoke with plaintiffs’ attorneys about testifying back in April or May. He has been subpoenaed. Dr. Metzger said Chang told him she had an attorney to refer that she thought would suit his needs. She recommended Eric George.
Cahan: Did plaintiffs’ counsel help you find an attorney?
Dr. Metzger: Yes
C: How much does he charge?
Dr. M: I don’t know
Cahan: Are plaintiffs’ paying for your attorney in this case?
Dr. Metzger: I believe so.

The doctor said he reached out to Debbie Rowe after seeing in the media that she testified in this case. He wanted to give her some support. At that time, Rowe also said Eric George was a good attorney.

Cahan asked if the doc is charging plaintiffs anything to be here today.
Dr. Metzger: I’ll be sending a bill at the end of the trial.
Dr. Metzger: I believe it’s reasonable for my time reviewing the records, giving deposition and testimony in this case.

The doctor said he’s spent about 6 hours of his time. Cahan asked how much he charges and he said he was not comfortable disclosing his rate. Cahan asked the judge to order him to answer, which judge did. He said he charges approximately $1,000/hour. There were no negotiations, I basically said this is my fee and they said ok, Dr. Metzger explained. As to his attorney, Metzger said he knows there’s an arrangement for payment by the plaintiffs and there’s also an arrangement between the two

Cahan: Have you spoken with Jackson’s family members about this lawsuit?
Dr. Metzger: Basically no

My recollection I did not speak with any single member of the family about this lawsuit, Dr. Metzger testified.

The doctor said his relationship with Michael Jackson was the closest he has ever had with any patient. He went to Neverland 12-15 times. He went to MJ’s CenturyCity house, saw MJ at Dr. Klein’s house and office, saw him in NY, Australia, best man of his wedding to Ms. Rowe. He was both, Dr. Metzger said about MJ being a friend and patient. “I always had his best interest at heart.” I don’t believe I ever crossed any ethical boundaries with Michael Jackson, Dr. Metzger said. The doctor said he understands the Hippocratic Oath to have his patients first, do no harm. Dr. Metzger: In my view, I always maintained proper boundaries. A lot of physicians would not socialize with patients. Dr. Metzger: MJ was the most social I was with my patients.

He really didn’t like taking medicine Metzger said. “I think he needed medicine because he had low pain threshold when undergoing surgery” He needed it, he didn’t take it for joy, Dr. Metzger said. Dr. Metzger said he believes he never gave MJ Demerol. “Absolutely not,” he responded to the question. Dr. Metzger: At some juncture on that tour (Dangerous), I believe I arranged for Karen, Debbie or security team to bring some medicine to MJ

Cahan: Was that in Aug 1993?
Dr. Metzger: I don’t recall.
Cahan: Do you remember sending pain medication?
Dr. Metzger: Yes, there was some form of pain medication
Cahan: Do you remember sending some Demerol?
Dr. Metzger: I don’t personally believe I prescribed MJ Demerol. It could’ve come from Dr. Klein if it was in the package.
I don’t remember ever writing a prescription for Michael about Demerol, Dr. Metzger explained.
Dr. Metzger admitted he used Karen Faye’s name to prescribe medicine for MJ.
I’ve done it on rare occasions, almost exclusively for MJ and Janet, Dr. Metzger said.
Cahan: Even though you knew it’s illegal?
Dr. Metzger: Yes
C: Why?
Dr. M: To protect their anonymity
Cahan: Have you ever been reprimanded or disciplined for writing prescriptions on someone else’s name?

( Chang asked for a sidebar. Outside jury’s presence there was discussion about Cahan asking if Metzger was reprimanded for writing prescription under other people’s name Bina: Dr. Metzger pled no contest to a misdemeanor for misconduct. There’s a petition for suspension of Dr. Metzger’s medical license. Bina argued the appropriate remedy should be to strike the question and bar the line of questioning. Cahan apologized saying she misunderstood the court order. She said she thought it had to do with other patients other than MJ and KJ. Panish: She did it intentionally, was setting him up. It was a premeditated plan. It’s not admissible, she severely prejudiced this witness. Panish wants an admonition read and wants to be allowed to talk about the German doctors. Chang argued Cahan did it in bad faith. “The jury is left with the idea that he’s a criminal, that he’d do anything for MJ,” she said. I honestly don’t know what to do to fix it, Chang said. “I just want to throw myself on the floor and cry.” Judge will read an instruction to the jury that Cahan’s question was improper and they should disregard it or anything implied by it. Judge admonished Cahan not to ask anything about it. )

Dr. Metzger said he travelled to Australia with Debbie Rowe, was there for about 2 weeks. This was HIStory tour. Dr Metzger never rejoined the tour after he came back to LA. “My schedule and MJ particularly wanted me there for the wedding and Australia” He didn’t need me and I didn’t need to be there, he said. Dr. Metzger recalled treating MJ for mild dehydration while in Australia. The doc talked about the plan he wrote to help MJ sleep. He said MJ gave permission for him to share plan with Rowe, Faye and security guards. Michael needed to be told what to do, Dr. Metzger said. The plan detailed what to do before flights and after performances. He was uncomfortable and a little fearful of flying, Dr. Metzger explained.

Cahan: Did doctor shopping included Mr. Jackson segregating physicians?
Dr. Metzger: Often I’d not hear about other physicians. I’d hear from security or the ladies if it was serious. At times, I think he probably did keep things from me because he didn’t want me to worry, Dr. Metzger testified.
Dr. Metzger: I always asked him to go thru the hotel, because the hotel had responsibility to hire competent physician.
Cahan: Do you think MJ wanted to keep information from one doctor to another so he could more or less do what he wanted?
Dr. Metzger: No

Cahan played video deposition in the insurance company lawsuit where Dr. Metzger said MJ would segregate his doctors. Dr. Metzger on depo: I think he didn’t want to appear he was doctor shopping. Dr. Metzger: I think he didn’t want one medical group to know about another medical group so he could, more or less, do what he wanted.

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

Plans as of now ALL SUBJECT TO CHANGE: – Witness done tomorrow morning, arguments and
motions in the pm – Jury to be instructed on MONDAY. Closing plaintiff – TUESDAY – Closing defendant – WEDNESDAY – Rebuttal plaintiff – THURSDAY

[Lena]

Stell mal verloren gegangene Post ein: News-Artikel zur Metzger-Live-Aussage:

Michael Jackson's insomnia problems went way back, doctor says
Thursday, September 19, 2013

LOS ANGELES -- Michael Jackson's former physician took the witness stand on Thursday, a day after his video deposition was shown to the court.

It was in 1996 during the HIStory Tour that Jackson's struggle with insomnia became abundantly clear, according to his longtime physician, Dr. Allan Metzger. The entertainer was so adrenalized, it was days before he could sleep.
Es war 1996 während der History Toru als Jacksons Schlafprobleme augenscheinlich klar wurden bezugnehmend auf seinen Langzeitarzt Dr. A. Metzger. Der Entertainer war so überadrenalisiert, dass er Tage nicht schlafen konnte.

Metzger says Jackson was in a similar creative frenzy when he wrote "We are the World," the song that raised millions to fight famine. Metzger told jurors that under his care in earlier years, Jackson was able to sleep with traditional sleep medications, but then other doctors overprescribed for the star.
Metzger sagte Jackson war im gleichen kreativen Zustand als er "We are the World" schrieb, der Song der Millionen gegen Hunger einbrachte. Metzger sagte den Juroren unter seiner Sorge in früheren Jahren war Jackson in der Lage mit traditioneller Schlafmedizin zu schlafen, aber dann haben andere Ärzte dem Star "überverschrieben".

Katherine Jackson alleges that Jackson's tour promoters, AEG Live, negligently supervised Conrad Murray, who is now serving time for causing Jackson's death. The defense says Jackson's use of meds was his personal choice.

Jackson's habit with pain meds was spotlighted in a video deposition presented by the AEG defense on Wednesday. Metzger said he heard Jackson "was doctor shopping and took pain medication that the average person wouldn't." He said he heard that from four sources, including Jackson's wife Debbie Rowe and two other doctors.

Jacksons Gewohnheit mit Schmerzmittel umzugehen wurde in einem Video-Depo von der AEG- Verteidigung am Mittwoch ausgestrahlt . Metzger sagte, er hörte Jackson " macht Arzt -Shopping und nahm Schmerzmittel in einer Weise wie es die durchschnittliche Person nicht macht. " Er sagte, er habe dies gehört aus vier Quellen , darunter Jacksons Frau Debbie Rowe und zwei anderen Ärzten .


On Thursday, Metzger testified that "doctor shopping" to him meant Jackson shopped for the best qualified doctors when he was traveling outside Los Angeles.

Am Donnerstag sagte Metzger aus das "Doctor shopping" für ihn bedeutete das Jackson für den besten qualifizierten Arzt shoppte , wenn er außerhalb von Los Angeles unterwegs war.

Metzger testified that he advised Jackson two months before his death that use of the anesthetic propofol was potentially life-threatening.

Metzger bezeugte, dass er Jackson geraten hat zwei Monate vor seinem Tod , dass die Verwendung des Narkosemittels Propofol möglicherweise lebensbedrohlich sei.


But Metzger said he couldn't remember a previous instance when he allegedly prescribed propofol himself. Rowe testified that in 1997, Metzger enlisted two doctors in Germany to administer propofol to Jackson in a hotel room, where they came equipped with monitoring equipment. The defense displayed a signed letter indicating Metzger ordered it.
Aber Metzger sagte, er könne sich nicht erinnern an einen vorherigen Vorfall als er angeblich selber Propofol verschrieben habe. Rowe sagte aus, dass im Jahr 1997 , zwei Ärzte angeworben von Metzger in Deutschland Jackson Propofol in einem Hotelzimmer verabreichten , wo sie ausgestattet kamen mit Überwachungs-Ausrüstung . Die Verteidigung zeigte einen von Metzger unterzeichneten Brief der anzeigt das Metzger es bestellte.

The Jackson attorneys planned to have Metzger offer an explanation, but the judge ruled that the Jackson attorneys violated court rules by improperly sharing information with the doctor. They were barred from inquiring about it.
Die Jackson Anwälte planten das Metzger eine Erklärung anbot aber die Richterin entschied , dass die Jackson- Anwälte die Gerichtsregeln verletzten durch unsachgemäßen Austausch von Informationen mit dem Arzt. Sie wurden angewiesen nicht darüber zu fragen.

Metzger returns to the stand on Friday. Closing arguments are planned for next week.

Video auch mit Auszügen der Metzger-Aussage im Link

http://abclocal.go.com/wls/story?section…ment&id=9255056

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

[Lena]

Verteidigung hat gestern ihren Fall mit dem weiteren Abspielen der Metzger Deposition abgeschlossen

Defense Rests Case In Trial Over Jackson's Death
by THE ASSOCIATED PRESS
September 18, 2013 8:51 PM
LOS ANGELES (AP) — Lawyers for concert promoter AEG Live LLC rested their defense Wednesday with testimony from a longtime friend and doctor of Michael Jackson in the negligence case filed by Jackson's mother over his death.
The trial is in its 21st week and jurors are expected to begin deliberations next week.
Defense attorneys provided an emotional finale to their presentation, playing the videotaped testimony of Jackson's physician Dr. Allan Metzge
Die Verteidiger boten eine emotionales Finale mit ihre Präsentation von der Wiedergabe des Video von Jacksons Arzt Dr. Allan Metzger .
With Katherine Jackson seated in the courtroom's front row, jurors heard Metzger deliver a tribute to the star.
Mit Kathrine Jackson in der vordersten Reihe sitzend hörten die Juroren wie Metzger ein Tribut an den Star ablieferte.
"I saw him as a great guy ... a wonderful, generous person," said Metzger, whose account, given on videotape a year ago, delivered perhaps the most human view of the superstar by any witness.
"Ich sah ihn als einen großen Kerl ... eine wunderbaren, großzügigen Mensch ", sagte Metzger , der seine Aussage auf Videoband vor einem Jahr lieferte, den vielleicht menschlichste Sicht auf den Superstar von einem Zeugen.

Metzger spoke of Jackson's decision to embark on the ultimately ill-fated "[lexicon]This is it[/lexicon]" tour to eradicate the stigma of his child molestation trial.
"He wanted to redeem Michael Jackson," said Metzger who visited with the singer at home three months before Jackson died and told of the heart-to-heart talk with him.
"Er wollte Michael Jackson erlösen ", sagte Metzger ,der den Sänger zu Hause besuchte drei Monate bevor Jackson starb, und erzählte von dem Herz - zu-Herz Gespräch mit ihm .

"He wanted to redeem his image," the doctor said. "He felt this was it and he wanted to go out with a flash. He was still terribly hurt about the trial and the accusations. "
"Er wollte sein Image erlösen ", sagte der Arzt. "Er fühlte das war es und er wollte gehen mit einem Blitz. Er war immer noch furchtbar verletzt über den Prozess und die Anschuldigungen. "
Jackson was tried and acquitted in a sensational molestation trial in 2005 then lived abroad for a time and returned to rehearse for his "[lexicon]This is it[/lexicon]" tour.
Metzger's testimony contradicted many accounts of Jackson as a tortured figure in his last months, forced to commit to more concerts than he was capable of doing and turning to prescription drugs to chase away his demons and find the elusive sleep he craved.
Metzger Aussage widersprach dem Bild von Jackson als gequälte Figur in seinem letzten Monaten, der gezwungen war mehr Konzerte zu geben als er in der Lage war und mit verschreibungspflichtige Medikamente versuchte seine Dämonen zu besiegen und Schlaf zu finden nachdem er sich sehnte
Metzger said the star was energized — and scared — by the prospect of the shows.
Metzger sagt der Star war energiegeladen und hatte Angst bei der Aussicht auf die Shows
He said their conversation in February 2009 began with "an anxiety call" from Jackson.
Er sagte ihre Unterhaltung begann im Februar 2009 mit einem "ängstlichen Anruf" von Jackson.
"I think he was fearful because this was it and he needed to do a lot of perfectionalizing," Metzger testified. "He wanted it to be something that had never been done before."
"Ich denke er hatte Angst, weil es dies war und er brauchte viel Perfektion" sagte Metzger aus. "Er wollte das es etwas ist was niemand zuvor gemacht hatte"
One thing that scared Jackson, he said, was the prospect that he would not be able to sleep when he got to London to kick off the concerts.
Eine Sache, die Jackson verängstige war die Aussicht, dass er nicht in der Lage war zu schlafen wenn er die Konzerte in London startet.
Metzger said he suggested putting him in touch with sleep therapists in London, but Jackson resisted.
Metzger sagte er schlug vor ihn in Kontakt mit einem Schlaftherapeuten zu bekommen, aber Jackson lehnte ab.
In his last meeting with Jackson in April, 2009, the singer asked Metzger for intravenous sleep medication, but the doctor said he refused, telling Jackson it was dangerous and potentially life-threatening.
In seinem letzten Meeting mit Jackson im April 2009 fragte der Sänger Metzger nach intravenöser Schlafmedizin, aber der Arzt verweigerte und sagte Jackson es sei gefährlich und möglicherweise lebensbedrohlich.
The doctor also lectured him on nutrition and hydration, noting that Jackson typically dropped seven to eight pounds in every performance.
He said Jackson never mentioned Dr. Conrad Murray or spoke of taking propofol, the drug that killed him. Murray was convicted in 2011 of involuntary manslaughter for giving Jackson an overdose of the drug in June 2009. He is serving a prison term.
Er sagte, dass Jackson nie Dr. Conrad Murray erwähnte oder über die Einnahme von Propofol sprach.
AEG Live's defense has focused heavily on testimony from Jackson's former physicians, who have detailed their treatments for the superstar. The company denies it hired Murray.
Lawyers for Katherine Jackson were expected to present a brief rebuttal case this week and closing arguments were likely to begin on Monday.
Metzger began treating Jackson in the early 1980s. He told of traveling with him to Australia on the [lexicon]HIStory Tour[/lexicon] and being at his wedding to Debbie Rowe. Jackson suffered from insomnia even then, he said.
Metzger begann Jackson in den frühen 80er zu behandlen. Er erzählte von seinen Reisen zu ihn nach Australien auf der [lexicon]HIStory Tour[/lexicon] und das er bei der Hochzeit mit Debbie Rowe dabei war. Jackson litt auch damals unter Schlaflosigkeit.
Metzger testified about his treatments of Jackson over the years and said the singer could be secretive and often didn't tell him when he was receiving medical care from other doctors. He described the singer's behavior as "doctor shopping."
Metzger sagte über die Behandlungen von Jackson über die Jahre aus und das der Sänger geheim sein konnte und nicht erzählte wenn er Medizin von einem anderen Arzt erhielt. Er beschreibt das Verhalten des Sängers als "Doktorshopping"
He said he did not know him to be addicted to painkillers although he had a low threshold for pain and often sought medication.
Er sagt er wusste nicht, dass er abhänig war von Schmerzmitteln, obwohl er eine geringe Schmerztoleranz hatte und Medizin ersuchte.
"He was a big baby. He didn't want any pain," Metzger said.
"Er war ein großes Baby. Er wollte keine Schmerzen" sagt Metzger.
Metzger said he had not seen Jackson in years when the star suddenly called in 2009 and asked the doctor to come to his house.
"I was ecstatic," Metzger said. "I missed him. I wanted to see him. The kids were growing up and I had been close to the kids."
"Ich war begeistert" sagte Metzger. "Ich vermisste ihn. ich wollte ihn sehen. Die Kinder waren groß geworden und ich war nahe zu den Kindern"
He described a confident Jackson sharing his thoughts with an old friend.
"He was excited to come back into the public arena in a good light," Metzger said.
"Er war aufgeregt zurück in die Öffentlichkeit zu kommen in einem guten Licht" sagte Metzger
The doctor said Jackson also joked about getting older and wondered aloud how his neck and back would hold up. They spoke about his sleep problems, but again there was no mention of Murray or propofol, according to the testimony.
"His eyes were bright," Metzger recalled. "He was ready to go."
Der Arzt sagte auch, dass sie scherzten über das Älterwerden und wie sein Nacken und Rücken halten würde. Sie sprachen über seine Schlafprobleme und es gab keine Erwähnung von Propofol laut der Aussage.
"Seine Augen waren strahlend" sagt Metzger. "Er war bereit"

[Lena]

Weitere handschriftliche Notizen von MJ


Note 1

No AEG unless films are involved
Develop [undecipherable] 2 a year for 6 years
a movie a year for next 5 years
meeting Peter Lopez Simon Fuller AEG now
Call Fuller myself
MJ musical now
manager
Script
Should be in Tut [undecipherable] musical
[undecipherable] family [undecipherable]
boxed in note : call Turkle, Marcel Marceau Marcell Marceau Interview get [undecipherable]




Note 2

Tohmey away from my $ now
no contact
where's my house
Phillips is conflict
Where's money for 50 shows




Note 3

Mother do you need $





Note 4

Negotiate 40 more shows
movies when?
Randy Phillips
Delio
Halloween special
Ken Eurlikman
Delio Peter Jackson
Randy Phillips
Delio
MJ TV
MJ Radio London
MJ Soda Can London Deal Now
MJ Cookies Deal Now
games activision now






Note 5

jack the giant killer
sinbad = oman
AEG - > demand development of these movies
Aladin Cameron 3D Film 2 hour movie <-- start franchise now
Sinbad's Seventh Voyage
101 nights part 2
alibaba
alibaba and 40 thieves like Indiana Jones [undecipherable]
mysterious isla
[undecipherable] Diamond
Tut
More than human
Cab Callaway [undecipherable]
20,000 leagues under the
AEG develop Now





Note 6

Randy Phillips
need representation accountant, lawyer, manager
invest with Phil





Note 7

MJ announce "last tour"
the next movies if I don't concentrate film no immortalization
40 movies classics
boxed in note: film class [undecipherable] [undecipherable] during tour






Note 8

Conrad on plane
Drip Rim sleep
No Tohmey near me, No Tohmey on plane or in my house
Vegetarian cook now fresh produce





Note 9

Conrad must practice now I can't be tired after procedure to important Rim sleep
for plane also with bed
Hire Conrad exclusive





Note 10

Cirque Du Soleil 10,000,000
AEG 250,000,000
Nike Deal
Blue City
al NOOR
prince FADIA
Hire accountant I trust now and lawyer I want to meet him <-- caution caution
Hire merchandising guy
I want to sign all checks over 5,000 now
merchandising
[undecipherable]
Auction I want inventory now on all auction items or no auction
all keys given to Taj
[undecipherable] house
I want inventory list now
Why trust Darrien if you don't know him





Note 11

MJ Radio Day London Randy Phillips Organize




Note 12

Weekly in come 20 Million a week
First multi billionair entertainer actor director
100 billion
Better than Kelly & Astair
the greatest ever
in the likes of Chaplin Michelangelo Disney - these men demanded perfection innovation always

[geli2709]

The Jacksons vs. AEG Live — Zeugen von AEG, 18. Teil

8. September 2013

Am Freitag wurde den Geschworenen Dr. Barney Van Valins eidesstattliche Zeugenaussage via Video gezeigt. Dr. Van Valin wurde eigentlich als Zeuge für AEG Live aufgeführt, seine Aussagen schienen aber letztlich mehr Gewicht für die Jackson Seite zu haben.

Dr. Van Valins Arztpraxis ist in der Nähe von Michael Jacksons Neverland Ranch. “Wir warten beste Freunde”, sagte Van Valin. “Ich hatte keinen besseren Freund und ich glaube, ihm ging es genauso”, so der Arzt. Michael tauchte fast jede Woche ohne Ankündigung bei Van Valin zu Hause auf. Der Arzt öffnete seine Tür, um am Morgen zur Arbeit zu gehen “und er stand einfach da”, so Van Valin. Sein Fahrer sagte ihm einmal, dass Michael 35 Minuten lang vor seiner Tür gewartet hatte, ohne die Türglocke zu klingeln, weil er dachte, dies wäre unhöflich.

Wenn Michael Van Valin besuchte, blieben dessen Kinder oft der Schule fern, damit sie den Tag mit Michael zusammen verbringen konnten. “Ich kam von der Arbeit nach Hause und Michael war da und sie schauten zusammen Trickfilme an oder assen Pizza”, sagte Van Valin. Am Anfang war das was ganz Neues, aber mit den Jahren sei es dann zu einer Routine geworden.

Die Jackson Anwälte fragten Van Valin im Kreuzverhör, ob Michael Jackson ein guter Vater war. “Nein, er war ein grossartiger Vater. Denn ich bin ein guter Vater, aber er war besser als ich. Er respektierte [meine Kinder] und sie respektierten ihn und er wies sie auf eine ganz feine, nette Art zurecht”, so Van Valin.

Van Valin bestritt, dass Michael Jackson — wie AEG Live das Bild aufzeigen will — Freundschaften mit Ärzten pflegte, um Zugang zu Medikamenten für seine geheime Sucht zu erhalten. Er habe Michael Jackson nie Rezepte für Medikamente ausgestellt, die medizinisch nicht notwendig waren, so Van Valin. Er sagte, Michael Jackson zeigte “klassische Symptome für Schmerzen im unteren Rückenbereich” und ein MRI zeigte, dass eine Schwellung in einer Bandscheibe im unteren Bereich (die von seinem Bühnenunfall 1997 in München herrührte) mit den von ihm beschriebenen und empfundenen Schmerzen übereinstimmte. Entsprechend wurden ihm Schmerzmittel dagegen verschrieben. Van Valin habe nie den Verdacht gehabt, dass Michael Schmerzen vortäuschte, um Spritzen gegen die Schmerzen zu erhalten. “Ich habe darauf geachtet, da es viele Leute gibt, die zu mir kommen und versuchen, mich zu betrügen. Deshalb schau ich immer darauf”, so Van Valin.

Es gab jedoch einen Vorfall während eines Hausbesuchs im 2002, der in Van Valin den Verdacht regte, dass Michael Jackson zusätzliche Spritzen mit dem Schmerzmittel Demerol von einem anderen Arzt verabreicht erhielt. Nachdem er Michael eine Spritze gab, bemerkte er auf Michaels T-Shirt einen kleinen Blutflecken. “Ich zog [das Shirt] hoch und da war ein kleines Pflaster und ich sagte ‘Michael, ein anderer Arzt hat Dir eine Spritze gegeben.’ Ich sagte, ‘Du weisst, welchem Risiko Du Dich und mich aussetzt, wenn Du das machst? Wer kam und gab Dir die Spritze?’ ‘Oh, nein, das hab ich nicht — es war keine Spritze.’” Van Valin sagte, “Aber es war eine. Er hatte gelogen.” ”Ich habe ihm gesagt, ich sagte, ‘Weisst Du was, ich kann das nicht tun, okay, weil wenn Du Dich zweifach versorgen lässt — ich gebe Dir eine Spritze und Du hast vorher schon eine erhalten’, sagte ich, ‘könnte ich Dich umbringen’”, so Van Valin in seiner Aussage. Obwohl Van Valin Michael Jackson kurz nach diesem Vorfall nicht mehr länger behandelte, blieben sie eng befreundet, so der Arzt.

Im 2002 hatte Michael Jackson Van Valin gebeten, ihm beim Einzuschlafen zu helfen. “Manchmal sagte er, ‘Barney, mach mir einen Gefallen; schau, ob ich schlafen kann. Ich geh unter die Bettdecke auf der ausziehbaren Couch’ und er sagte ‘Lies mir von einem Buch vor’”, sagte Van Valin aus. “Ich hab ein Buch gefunden, das interessant aussah und ich begann zu lesen oder ich erzählte ihm Geschichten. Das funktionierte nicht, weil er oft in der Geschichte aufging und sagte ‘Das ist wirklich passiert?’ oder so ähnlich. Wie auch immer, ich hab ihm vorgelesen — und als es ausschaute, als ob er schlief, ging ich leise aus dem Zimmer raus, was nicht so einfach war, weil die Türe ein kleines Geräusch machte. Als ich dachte, er schlafe, ging ich raus, und ab und zu kam es vor, dass er dann sagte, ‘Gute Nacht, Barney’, und als ich bei der Türe war, war er vollkommen wach”, so Van Valin. Van Valin hatte auch versucht, Michael Jackson mittels Beruhingsmitteln wie Xanax zum Schlafen zu verhelfen, jedoch ohne Erfolg.

Im 2003 hatte Michael Jackson Van Valin gestanden, dass er in einem Schrank in seinem Schlafzimmer auf Neverland einen Vorrat an Propofol hatte. “Er sagte, ‘Hilfst Du mir einzuschlafen; ich hab seit vier Tagen nicht mehr schlafen können’, und ich sagte, ‘Womit?’ Und er sagte, ‘Ich habe dieses Zeugs’ und ich sagte, ‘Mike, ich verabreiche keine intravenösen Beruhigungsmittel. Dafür braucht man einen Narkosearzt.’ Und er sagte, ‘Das ist sicher; ich hab es die ganzen Jahre über zwischen den Shows gebraucht, und man hat mir damit zum Schlafen verholfen’. Ich sagte, ‘Ich kann mir nicht vorstellen, dass das ein guter Schlaf war’. Er sagte, ‘Nein, es hat wirklich gut funktionert’”, erzählte Van Valin. Van Valin sagte weiter aus, dass Michael Jackson ihm erzählt hatte, dass während seiner Welttourneen ein Arzt ihn an den IV-Tropf hing, damit er schlafen konnte “und er blieb acht Stunden neben mir und weckte mich auf, wenn ich abdriftete — wenn ich zwischen Shows drei Tage hatte, waren das drei Tage, an denen ich nicht schlafen konnte, und ich hätte keine Show auf die Beine stellen können, wenn ich es gewollt hätte, weisst Du; ich meine, ich will, dass meine Shows so perfekt wie möglich sind, weisst Du.’ Es tönte, als ob es ein Arzt war, der wusste, was er machte und was sein Job war; nicht wie dieser andere Typ, der einfach eine Infusion laufen liess und dann das Zimmer verliess und ihn praktisch wie einen Hund einschläferte”, so Van Valin.

Michael Jackson sei “recht blasiert” gewesen, als Van Valin seiner Bitte nicht nachkam, ihm mit dem Propofol zu helfen und Michael habe ihn nie wieder darum gebeten, sagte Van Valin aus.

Quellen: jackson.ch, cnn.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...n-aeg-18-teil/
Copyright © jackson.ch



The Jacksons vs. AEG Live — Update

10. September 2013

Gestern hat Richterin Palazuelos ihren Entscheid zu einem Antrag von AEG Live zwecks Einstellung des Verfahrens bekannt gegeben. AEG Live war der Meinung, dass die Jacksons nicht genügend Beweise erbracht haben, die rechtfertigen würden, dass die Geschworenen in Kürze über den Fall beraten und entscheiden könnten. Diese Meinung teilte die Richterin nicht.

Richterin Palazuelos schrieb: “Es wurden während des Prozesses eindeutige Beweise erbracht, aus denen die Geschworenen begründet ableiten können, dass die Beklagten (AEG Live) wussten oder hätten wissen sollen, dass Dr. Murray ein ungewisses Schadensrisiko für den Verstorbenen (Michael Jackson) darstellte”.

Ferner entschied die Richterin, dass die Jacksons “klare Beweise” erbracht haben, dass AEG Lives Verhalten ein massgeblicher Faktor für den Tod von Michael Jackson war. “Eine Jury könnte aus den Beweisen logisch ableiten, dass (Michael Jackson) starb, weil Dr. Murray infolge eines Interessenskonflikts aufgrund seines Vertrags mit AEG, eine an Schlaflosigkeit leidende und immer schwächer werdende Person behandelte, die nicht in der Lage war zu performen, was Dr. Murray dazu führte, schlechte medizinische Entscheidungen zu treffen, die zu (Michael Jacksons) Tod führten”.

“Das Gericht ist der Meinung, dass die Kläger ausreichend beweisen konnten, dass Dr. Murrays Behandlungen des Verstorbenen mit Murrays Anstellung durch AEG verbunden waren. Folglich ist der Antrag der Beklagten auf Einstellung des Verfahrens abgelehnt”, so die Richterin.

Hingegen entschied Richterin Palazuelos, dass das Verfahren gegen AEG Live CEO Randy Phillips und co-CEO Paul Gongaware als individuelle Mitbeklagte in diesem Fall eingestellt wird. Die beiden Manager hätten keine persönliche Haftung übernommen, was die Anstellung von Conrad Murray anbelangt, sondern sie handelten lediglich als Hilfspersonen (Angestellte) von AEG Live. Ein Anwalt für die Jacksons meinte im Anschluss, dass diese zweite Entscheidung für sie keine grosse Bedeutung habe, da die Jacksons AEG Live zuvor bereits angeboten hatten, das Verfahren gegen die beiden CEOs als Einzelbeklagte einzustellen. AEG Lives Anwälte hatten dieses Angebot jedoch damals nicht angenommen.

Diese Woche finden keine Zeugenaussagen statt, da eine der Geschworenen aus dringenden persönlichen Gründen verreisen musste. Der Prozess wird somit nächste Woche fortgesetzt. Das Ende ist in Sicht…

Quellen: jackson.ch, cnn.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...live-update-4/
Copyright © jackson.ch

[cori79]

@November

Denk daran, das hier kein diskussionsthread ist.

[November]

"Dies ist ein großer Erfolg für Phillips und Gongaware, die seit über vier Monaten einen Prozess erdulden müssen, an dem sie niemals hätten teilhaben sollen", so Marvin Putnam der Kanzlei O'Melveny & Myers LLP laut "Pollstar". "Die Jacksons haben deren guten Ruf ohne jegliche Basis durch den Dreck gezogen. Phillips und Gongaware hätten niemals angeklagt werden sollen."

Na bravo! Konnte man solche Ausführungen jemals anlässlich MJs Freispruch über diejenigen lesen, die auf ihm rumgetrampelt haben?

Sehr schön auch, dass in dem Artikel völlig unter den Tisch fällt, dass AEG selbst so gar nicht aus dem Schneider ist.

[Christine3110]

http://www.musikmarkt.de/Aktuell/News/Michael-Jackson-Prozess-AEG-Live-CEOs-freigesprochen

10.09.2013 Recorded Music International
Michael-Jackson-Prozess: AEG-Live-CEOs freigesprochen

Der Prozess der Jacksons gegen AEG Live aufgrund vermeintlicher Mitschuld am Tod Michael Jacksons läuft seit fast fünf Monaten (Foto: Sony Music)
Los Angeles - Im Prozess der Jackson-Familie gegen AEG Live aufgrund vermeintlicher Mitschuld am Tod Michael Jacksons sollen die Co-CEOs von AEG Live, Randy Phillips und Paul Gongaware von den Anschuldigungen freisprochen werden.

Wie "Pollstar" berichtet, hat Richterin Yvette Palazuelos die zwei CEOs in einem vorläufigen Urteil als Angeklagte entlassen. Das Unternehmen AEG Live sei jedoch weiterhin angeklagt. Katherine Jackson, die Mutter des verstorbenen "King Of Pop", hat AEG Live beschuldigt, Michael Jacksons Leibarzt Conrad Murray fahrlässig angeheuert zu haben und damit Mitschuld am Tod von Michael Jackson zu tragen. Murray selbst wurde bereits wegen fahrlässiger Tötung verurteilt.

Randy Phillips und Paul Gongaware haben beide mehrere Tage vor dem Gericht aussagen müssen. Gegenstand der Verhöre waren u.a. E-Mails zwischen Phillips, Gongaware und dem Music Director Kenny Ortega. Der Prozess von Katherine Jackson und der drei Kinder Michael Jacksons gegen AEG Live läuft seit mittlerweile fast fünf Monaten. Im Rahmen des laufenden Prozeses wurden zudem Unterlagen vorgelegt, die eine Comeback-Welttournee mit 186 Terminen veranschlagen, die dem "King Of Pop" 312 Millionen US-Dollar hätten einbringen sollen.

Während die Jackson-Familie von der Schuld AEG Lives überzeugt ist, argumentiert der Konzern, dass Jackson den Leibarzt selbst eingestellt habe. "Dies ist ein großer Erfolg für Phillips und Gongaware, die seit über vier Monaten einen Prozess erdulden müssen, an dem sie niemals hätten teilhaben sollen", so Marvin Putnam der Kanzlei O'Melveny & Myers LLP laut "Pollstar". "Die Jacksons haben deren guten Ruf ohne jegliche Basis durch den Dreck gezogen. Phillips und Gongaware hätten niemals angeklagt werden sollen."

[rip.michael]

Jacksons vs AEG - Day 80 – September 6 2013 – Summary

No Jackson family members are in court today.

(source : ABC7 unless otherwise indicated)


Dr. William B Van Valin Video Deposition

Dr. William B Van Valin’s video deposition is played for the Jury. He treated MJ in the early 2000′s when MJ lived at Neverland. In 2001, MJ came to the office and wanted a Doctor to make house calls. Dr. Van Valin did. MJ invited the Dr. to Neverland that night. He went with his son, Mason. He describes the interior of Neverland. A friendship started. He remembered one time he got up for work and opened the door to leave and there was MJ on the door step. MJ said he just got there but Dr. Van Valin asked MJ’s driver who said they had been there for 35 minutes. Dr. Van Valin invited him in, got his wife up to entertain MJ and off her would go to work. MJ would play monopoly, eat pizza, play. By the time Dr. Van Valin got home, the house would be a disaster… (ABC7) Jackson "would just show up" at Van Valin's home every week or so without warning, he said. The doctor would open his door to leave for work in the morning "and he would just be standing there." His driver told him once that Jackson had been waiting at his door for 35 minutes, not wanting to knock because he thought that was impolite.Van Valin's children would stay home from school some days Jackson visited. "I'd come home from work and there's Michael there at the house and they're watching cartoons or, you know, eating pizza," Van Valin said. At first it was a novelty, but after several years it was routine, he said. (CNN)

Dr. Van Valin said he believed MJ was an insomniac. MJ would lay down, Dr. would read him a book and when he thought MJ asleep slip out. Sometimes MJ was not asleep and would say “goodnight Barney” (nickname). Dr. gave MJ 6 zanax tablets. MJ took all 6 and didn’t have reaction. (ABC7) Before Michael Jackson asked a doctor to treat his insomnia with propofol, he tried falling asleep to the physician reading him bedtime stories.(CNN)

MJ did discuss Diprivan (propofol) with Dr. Van Valin. He said he used it between shows on his world tour. Dr. on the tour give to him. That Dr. would give to MJ and monitor him not like the guy who gave it to him and left the room! Putting him to sleep like a dog. MJ said he hadn’t slept for 4 days. Dr. told MJ he didn’t do IV. Dr. talked to anesthesiologist who said only used in a hospital. Dr. said he never heard of propofol. Dr. Van Valin went back and told MJ it was dangerous. MJ had a box of Diprivan in his bedroom. The medication was from Florida but Dr. Van Valin did not know the doctor who gave it to MJ or sent it to him. Dr. describes the box. MJ never asked Dr. Van Valin for Diprivan again. (ABC7) Dr. Barney Van Valin, whose video testimony was shown to jurors Friday, refused Jackson's request for propofol infusions in 2003, but six years later -- in Dr. Van Valin's words -- another physician "put him to sleep like a dog." (CNN)

Another incident that disturbed Van Valin was when Jackson showed him a box of the anesthetic propofol, which he said he used to sleep while on tour. (KABC) AEG Live called on Van Valin to testify that he refused Jackson’s request for propofol during one of their appointments. He said Jackson didn’t seem angry about it. “For a guy used to getting his way, he was pretty complacent about it,” van Valin said. (CBSLA)

"Sometimes, he'd say, 'Barney, do me a favor, see if I can sleep, I'm going to get under the covers on that rollout couch,' and he said, 'Just read me out of a book,'" Van Valin testified. "I'd find a book that looked interesting and I'd just start reading or I'd tell him stories. That didn't work because often times he got excited about the story and say, 'That really happened?' or something. Anyway, I'd read to him -- and when it seemed like he was asleep I'd slip out, you know, kind of hard because the door made a little noise. If I thought he was asleep I'd leave, and once in awhile he'd say, 'Good night, Barney,' and when I got to the door, he wasn't asleep at all." Dr. Van Valin also tried to help Jackson sleep with sedatives, including Xanax, without success, he said. Jackson, however, revealed to him in 2003 that he had a stash of propofol in a closet of his Neverland Ranch bedroom, Van Valin said. "He said, 'Would you put me to sleep, I haven't been able to sleep for four days,' and I said, 'With what?' And he goes, 'Well, I have this stuff,' and I said, 'Mike, I don't do I.V. sedation. You need an anesthesiologist to do that.' And he said, 'Oh, it's safe, man, I used it for all those years between shows and I got put to sleep.' I said, 'I can't imagine that was good sleep." You know, he said, "No, it works really well."
He said Jackson told him that during his world tours him a doctor "would put in the I.V. and put me to sleep, and he'd stay there for eight hours and wake me up 'cause I would go -- if I had three days between shows, I would have three days I didn't sleep and, you know, that I couldn't put on the show I wanted to have, you know, I mean, I want my shows to be, you know, as high end as possible."
"Sounds like a doctor who did his job, not like this other guy, who just started the drip and left the room and basically put him to sleep like a dog," Van Valin said. Jackson was "pretty complacent" when he rejected his request for help with propofol and he never asked for it again, Van Valin said. (CNN)

Dr did continue to treat his back pain. He remembers going to MJ house and gave Demerol that time he noticed a drop of blood on MJ’s shirt and a band aid. He asked MJ if another Dr. was giving him pain meds. MJ said no but Dr. Van Valin knew he was lying. He told MJ that more Demerol could kill him. He told MJ he couldn’t but did anyway. Dr. talked to MJ about developing a tolerance and concern for addiction in 2003. He backed off giving MJ demerol for pain. Dr. continued his concern for MJ demerol use. Several time he would give MJ dose, and MJ would wooooo, sing and dance. Then same dose fine. He was sure MJ had gotten a shot from another Doctor just did not know who. When asked MJ’s house man he said no. Dr. Van Valin used the name Phil Sanders for MJ on his chart. There was a note that he wrote a script in houseman’s name for MJ

Van Valin said he warned the King of Pop that taking too much of the painkiller Demerol would be risking death. The physician said he first began treating the pop star in 2001, often visiting the singer at his Neverland Ranch in Santa Barbara County and at the doctor’s home. Van Valin said he prescribed Demerol because Jackson complained of pain. But he became suspicious that Jackson was seeing another doctor for Demerol when he noticed the singer showed signs of receiving an injection before visiting Van Valin. “Michael, if you’re doubling up…that could kill you,” Van Valin said he told Jackson. (CBSLA)

Jackson's use of painkillers was medically justified by chronic pain suffered in a 1997 stage accident, Jackson lawyers said. The doctor said Jackson showed the "classic symptoms of lower back pain" and an MRI study confirmed a bulge in a disc in his lower spine consistent with where his pain was.
Dr. Van Valin said he never suspected Jackson was faking his pain to get painkiller shots.
"I looked for that because there are plenty of people that come in and try to scam me, so I'm always looking for that," he testified. (CNN)

It was the collapse of a stage bridge in 1999 that injured Jackson's back, according to Dr. William Van Valin, who treated him for pain two years later. In a video shown in court, Jackson kept singing as if nothing had happened, but that's not what Jackson told Van Valin. In a video deposition, Van Valin testified that Jackson's injury was real. For a year, he made house calls to Neverland Ranch to give the singer injections of the painkiller Demerol in growing amounts. But doubts began to build. Van Valin suspected Jackson was getting Demerol from someone else at the same time. Jackson appeared high. "It was a bit scary. I sat there with him until it went away," said Van Valin. One day, the doctor saw a band aid on Jackson, covering a needle mark. "I said, 'Michael, you have another doctor that gave you a shot. You realize what risk you put yourself and me at by doing that? Who came and gave you a shot?'" said Van Valin. According to Van Valin, Jackson's response was that he didn't get a shot from another doctor. "But it was. He was lying," said Van Valin. (KABC)

While the doctor said "nothing implied" that Jackson was abusing painkillers, there was one incident during house call in 2002 that caused him to suspect Jackson might be getting additional shots of the powerful opioid Demerol from another doctor. He noticed "a little blood spot" on Jackson's T-shirt after he gave him a shot, he said. "I lifted it up and there's a little Band-Aid over it and I said, 'Michael,' I said, 'you have another doctor that gave you a shot.' I said, 'You realize what risk you put yourself and me at by doing that? Who came and gave you a shot?' 'Oh, no, I didn't -- it was not a shot.'" Van Valin said. "But it was. He was lying." "I told him, I said, 'You know what, I can't do this, okay, 'cause if you're doubling up, you know, I give you a shot and then you've already had one,' I said, 'I could kill you,'" Van Valin testified. Van Valin remained close friends with Jackson even though he stopped treating him soon after that incident, he said.(CNN)

Dr. Shannon was another Doctor at Van Valin’s practice. There were notes in MJ’s file from him. Shannon notes MJ dental work and pain. Shannon injects MJ with demerol for the pain but notes that MJ brought his own medication to the office. Scripted by Van Valin. Odd

Dr. Van Valin has another talk with MJ about concern for demerol use on 10/10/01. MJ said he knew the risks. MJ never told Dr. Van Valin about his prescription drug dependence and going into treatment in 1993. Dr. Van Valin didn’t think MJ had a problem because he would get Demerol every few days or even weeks. Most addicts it is every few hours. Eventually he stopped treating MJ. They would just hang out together. No conversation he just stopped asking for treatment.

Note 2/28/2002 MJ told he needed a break from his Demerol because his use was excellerating. He needed more and I couldn't give to him. 10/25/02 MJ called with an infection on his abdomen. He had a device placed under his skin about one week ago to decrease demerol use. Dr. in Florida had inserted a narcan plug that would deaden the affect of a narcotic. It had gotten infected. Dr. Van Valin cleaned out. He described Narcan as a med used in ER's when a patient comes in comatose and the doctors do not know what was used. Wakes right up. Dr. Van Valin knew MJ must have been getting demerol elsewhere because he hadn't given it to him in a while. MJ didn't come back

Asked if MJ was a good father. Dr. said he was a great father. Patience was gentle with kids. Talked about how shy Paris was as a child. She would get in MJ's lap at dinner and MJ let her eat dinner there. Very attached to her Dad. Went to MJ house for dinner with his wife. She spotted the stroller and knew there was a new baby in the house. They went up to nursery and MJ introed the to Blanket. Said that is what they call him now but he wants all his kids to be named MJ. (ABC7) "No, he is an amazing father," he answered. "Because I'm a good father and he was better than me. He respected them and as they respected him and he would correct them gently." (CNN)

Dr. Van Vilan said he thought he an MJ were best friends. He said he never had a better friend and he didn't think MJ did either. He said he really didn't know the Pop Star - he knew MJ the man, the father. He still misses him. (ABC7) "In my opinion, and I think in Michael's too, we were best friends. I didn't have a better friend, and I don't think he did," Van Valin said.(KABC) "We were best friends, you know," Dr. Van Valin testified. "I didn't have a better friend and I don't think he did." (CNN)

He said he treated MJ as he treated all his patients. He also said he did not believe MJ was his friend so he could get demerol. He said it was possible he gave MJ demerol and did not write in chart. From 10/2001 1/2002 he gave MJ Demerol on 6 days - 2 shots one day. He said possible he gave MJ demerol and did not get into chart. 10/00 to 1/01 He gave him a shot 6 days and one day twice. In 2001 6 times according to the chart. 2002 twice. Then, he never gave MJ another demerol shot. Dr. Van Valin never treated MJ again after 10/02. He realized MJ was getting medication elsewhere and he told MJ he couldn't give Demerol

MJ said no sleep was his biggest complaint. MJ told Dr. on tour he had a Dr. who gave him propofol between shows. Wake feeling refreshed.


Dr. Neil Ratner Video Deposition


Next video deposition played is Dr. Neil Ratner and anesthesiologist from New York. He no longer practices medicine...stopped in 2002. Treated MJ from about 1990 to early 2000. MJ told him to call Dr. Hoeffler Bev Hills Plastic Surgeon. He had good experience and wanted same. Ratner said he treated MJ for surgeries.

Asked if he treated for Pain? Don't recall. Sleep? Don't recall. Treat outside US? Don't recall. Said he travelled outside US twice with MJ. Treat him? don't recall. Treat at house? don't recall. Asked if he went on tour with MJ. No. Where did he go with MJ? Germany, South Africa, and Korea. Were you on the tour? No Asked if he knew MJ was on tour? Yes. Did he bring Medical equip? Don't recall. Treat MJ? didn't recall. The only time he was concerned for MJ's health was the fall in Germany. Asked if there were any other Doctors there - at ER. He said he asked for payment to travel with MJ because he had to leave his practice. Asked if he ever treated MJ for pain that was not surgery related? Didn't recall. Or Drug addiction? Not that he specifically recalls. Travelled with MJ once not on tour. They went to South Africa to give a check for charity raised at a concert to Nelson Mandela


Dr. Allan Metzger Video Deposition


Last video is Dr. Allan Metzger who was MJ's primary Doctor from about 1984 to April of 2009. MJ was referred to him by Dr. Klein. Metzger was Rheumotogist and Internist. Klein concerned MJ might have discoid Lupus but with tests he did not. He thought he was MJ's primary but MJ doctor shopped. He would go to other places in the world and have doctors there and not share info.

He also had personal relationship with MJ but Dr. Klein was closer. Called "Arnie" a mother hen with MJ. He said Klein sidewalk consult. Sidewalk consult is when the patient calls doctor who will call another doctor instead of patient told to call right doctor himself!

Primarily Metzger treated MJ for back issues over the years and sleep problems. Saw insomnia first hand when joined MJ on tour. Traveled with MJ to Australia as a pseudo-physician and companion. Were you compensated? I was not.

When he did the curbside consultation, that information never got into MJ chart. Happened a few times a year.

He was a social friend of MJ. Went to Neverland 6 to 8 times. Was invited to MJ wedding to Debbie Rowe and went.

Last time he saw MJ was April 18, 2009 where he prescribed a sleep medication. they talked about cafeine usage, no news shows before sleep

Jury will hear the remainder of the Deposition when they are back in court on Wednesday.

Zusammenfassung von Ivy, MJJC #83



Jacksons vs AEG - Day 81 – September 18 2013 – Summary

Judge Yvette Palazuelos ruled that closing arguments and possibly verdict will take place in a much larger courtroom. The trial will move to the same courtroom where jury selection was done in order to accommodate whoever wants to see the proceedings live. The ruling came with objection of AEG’s attorneys who wanted to keep everything in the small courtroom the trial took place over last 5 months. During deliberation, the jurors will be partially sequestered. They will have special arrangements for arrival and departure. Jurors will have a room to eat lunch that doesn’t require them to mingle with anyone else. Judge said minimum of 3, up to 4 hours for closing for each side. Closing arguments to begin Monday at 10 am with plaintiffs. Closing for defense Tuesday at 10 am. Rebuttal on Wednesday — not sure how long Panish will take. Best envision to finish pre-instruction Friday by noon, closing Monday, Tuesday and Wednesday, concluding instruction after rebuttal. Judge: After it’s done, staff and security will need 1 hour and 1/2 with the jurors prior to the commencement of deliberations. According to this plan, jury could get the case late Wednesday or Thursday of next week.Court staff gave jurors October calendar, they are to check it and bring back tomorrow.


Allan Metzger Video Deposition

Transcript of Metzger Video Deposition: http://www.scribd.com/doc/170494973/...ion-Transcript

Video deposition of Dr. Allan Metzger resumed. He said he doesn’t recall if he treated MJ for insomnia in the 80s, needed to look at records .

He doesn’t think Doctors Klein or Hoefflin were present in the HIStory tour. Putnam asked about Dr. Neil Ratner. Dr. Metzger: Ratner was an anesthetist from NY. I don’t remember how he got involved with Michael. Michael would seek out avenues of sleep helpers, Dr. Metzger said. “That’s was another aspect of the secrecy.’ Metzger: I never knew what he was doing at times that he wasn’t in LA, and probably he did things in LA I don’t know or Klein doesn’t know

Michael had several aliases for confidentiality, one was Omar Arnold, Joe Michaels, there might be others I forgot about, Dr. Metzger said.

Dr. Metzger first met MJ in 1993, treated him for lupus, medical issues, back issues or leg issues. He said he doesn’t remember anything particular unusual or remarkable, except helping him sleep.

There were many surgeries related to the injury with fire, Dr. Metzger said.

Karen Faye was the most constant person who was around MJ all the time, Dr. Metzger said. “To me she was the most constant companion.”

MJ was mostly vegetarian, except for fish, the doctor testified. “He was adamant about proper nutrition.”

I was aware he was given Demerol for procedures in the office, Dr. Metzger said. He said he became concerned because of the pain threshold, knew something needed to be done. Metzger: I heard concerns from Karen, Debbie, Hoefflin, Klein, Michael was doctor shopping and took pain medication a normal person didn’t. Dr. Metzger: I think I told MJ this pain threshold was not average. I do recall prescribing something in Faye’s name, I don’t remember what. Dr. Metzger: There was so much anonymity in MJ’s world. This was not around the time of MJ’s passing.

Medical record from 8/18/93- Dr. Metzger saw MJ at Century City house for temperature over 100 degrees. He had viral influenza complaint and severe scalp pain and headache. “I remember he was very sick,” Dr. Metzger said. Elavil was used for sleep, raise the pain threshold, the doctor said.

Aug 21, 22 and 23 of 1993: no communication from MJ or doctors, Dr. Metzger wrote on chart. 8/24/93: Dr. Metzger said the message was that he was in pain. “I don’t know if medication was given to him.” 8/25/93: MJ called, sleeping problems, depression, beginning of tour. “He wasn’t able to sleep” Metzger said. 8/26 to 8/29/93- no contact. Dr. Metzger said there are several medications that are analgesics but not narcotics. 7/17/95 – seen in the office as emergency for severe chest and upper back pain, anxiety, shortness of breath. Somewhat tearful at times related to severe pain, the doctor wrote on the chart. There were many times he came in as emergency or at the end of the day, Dr. Metzger said.

Dr. Metzger: His neuro receptors, his brain, would detect a grade 7, 8, 10 when average individual would have 3, 4, 5. Clearly it’s a neurochemical issue, but I don’t know exactly, he said.

Dr. Metzger said MJ had a documented arrhythmia after he collapsed during the HBO special in NY. I don’t think it was a pain thing, I think it was exhaustion and dehydration thing.

8/25/96: patient seen/examined for world tour. The doctor said MJ needed a physical for the people in charge of the tour. Sometimes they would want a note, or form, or check list. Medications MJ was taking at the time: Low dose of Xanax – depression and helps sleep, Ambien – sleep only , Dalmain – very mild sleeping med.

Dr. Metzger said MJ asked him to come on tour to be in his wedding.

After MJ collapsed during the HBO special, Dr. Metzger went to NYC for 3 or 4 days to be with Michael. He was dehydrated, he had a gastroenteritis (stomach inflammation with diarrhea), Dr. Metzger testified. Dr. Metzger said MJ lost 7 or 8 pounds after each performance, he weighed him to prove MJ needed to drink more fluids.

7/13/1997: letter from Dr. Christian Stole from Munich with lab data of Omar Arnold from 7/5/97 saying Dr. Metzger talked to professor Peter. I recall the stationary and the letter, but I don’t remember professor Peter, Dr. Metzger said. He claimed he never discussed with the German doctors treatment for MJ.

I believe I never gave him Demerol, Dr. Metzger said. Putnam: Did you prescribed it to him? Dr. Metzger: That’s the same thing, no Dr. Metzger: Demerol is addicting if used in high doses for a period of time, usually used after surgery. People who are in constant pain require Demerol or its cousins, the doc explained. I believe on one occasion I prescribed Vicodin, don’t remember Percocet, no Demerol, the doc recalled. He said he prescribes Demerol in hospital setting. He had 2-3 chronic pain patients on oral Demerol. “It’s good for post-operative pain.” Dr. Metzger said Demerol produces sedation, lethargy, could suppress their breathing, could get a rash and dependency.

I recall Hoefflin trying to get more involved in his care, Dr. Metzger testified. Dr. Metzger: Debbie was in constant assistance when MJ was under the care of Dr. Klein. That was the beginning of their relationship.

Dr. Metzger said he didn’t have any conversation with Mrs. Jackson about MJ’s drug use. But he said he recalled discussion with Janet once. Janet was concerned MJ’s back was going out too much and be was taking pain meds.

Dr. Metzger never discussed addition with MJ. He said he expressed he wished MJ didn’t use pain medication when he saw Drs. Arnie or Steve. Dr. Metzger: I think I heard from Arnie he was also trying to reduce the pain meds, but he just accommodated the situation, I guess.

Dr. Metzger never participated in any intervention to help MJ quit drugs. “He liked painkillers when he was in pain,” he said. I saw that with back issues, knee issues, headaches, he said. “It worked, he was a big baby, he didn’t want any pain.” Dr. Metzger is not aware of MJ seeing pain specialist, never recommended one.

The doctor was never aware of MJ’s use of Propofol. “I was never aware of anyone using that medication other than Murray.”

Sept 18, 2002: insurer sent somebody to Dr. Metzger’s office to see him draw MJ’s blood for lab test. MJ was taking no meds except MS Contin for severe back pain. It’s a narcotic, cousin of Demerol, the doc explained.

Dr. Metzger: Over the years, MJ had numerous plastic surgeries, some a, some b, some nasal. Dr. Metzger: I didn’t know in advance about the great majority of his nasal surgery.

June 2003: MJ to have anesthesia for collagen injection, pre-op examination by Metzger. Dr Metzger: That was the first time to my knowledge that he was given anesthesia for collagen. They must’ve planned major amount of collagen. Dr. Metzger does not recall any other patients needing clearance for collagen injection. Putnam asked if that happens frequently: “Virtually never,” Dr. Metzger responded.

Dr. Metzger said he would often ask MJ who was prescribing him drugs. He was secretive about medicine, secretive about procedures, secretive about all that stuff. Dr. Metzger: I was worried someone would give something that would mix with something else. Dr. Metzger: He took great joy in making it a surprise to everyone. I don’t think he thought it was serious. The doctor said MJ’s knowledge about medications was not really sophisticate. He knew what he wanted done, though.

June 12, 2008: Dr. Metzger said he did not see MJ for 5 years. MJ called. The doc said he sounded alert and when not under stress he takes Tylenol pm for sleep. I was shocked to hear from Michael, that he was in Vegas, Dr. Metzger said. I don’t recall him calling for a prescription, I was really happy to hear from him, the doc said. Dr. Metzger: I personally missed him, liked seeing Michael and dealing with him. Dr. Metzger: He was great, a little more boisterous than his normal self, sounded great. Normally he could sleep with Tylenol pm, Dr. Metzger explained. “Under stress, God only knows what he needed to sleep.”

Next time they spoke was Feb 26, 2009. That’s when MJ told him about upcoming major events in Europe and London. I think it was more of an anxiety call, how he was going to deal with all the 30-50 shows, the doc said. Dr. Metzger: I think he was fearful because this is it, he needed to do something he had never done before. Dr. Metzger: He had a lot of pressure from himself, media and people who he was working for. He wanted to redeem MJ, the doctor explained. “To redeem his image, he felt this was it, and he wanted to go out with a flash.” Dr. Metzger: I think he was still terribly hurt about the criminal trial and accusations. Dr. Metzger: He was one of the most recognized names in the world and I think he wanted to stay that way . T he doctor said MJ was excited and scared about “This Is It.” It was a positive call, an informational call, he remembered. The doctor said they talked about some different maneuvers. “I suggested hypnosis, he tried acupuncture years ago and it didn’t work.” Dr. Metzger said it was nutritious and hydration concern.” I was really reminding him about the ordeal he was about to face.” Putnam: When you saw the announcement, what did you think? Dr. Metzger: He looked great! Dr. Metzger: He seemed in good shape, it seemed very exciting to him. Metzger said MJ would be in London, maybe he should look for a sleep physiologist there to help him. He said MJ didn’t think he needed one.

MJ never mentioned Dr. Murray to Dr. Metzger, never met him until the criminal trial. Dr. Metzger: I do remember saying ‘we’re going to help you find someone to help you sleep during these performances.’ The doctor said MJ had some chronic back pain off and on. There was no discussion about Demerol.

April 18, 2009- Dr. Metzger visited MJ at Carolwood home. “Michael called me, and said he wanted me to come visit him. I was ecstatic!” I missed him, wanted to see the kids and how they were growing up, was very close to the children when young, the doc testified. Dr. Metzger said he recalled they let MJ sleep late, began rehearsal at 11/11:30am. But worked late and MJ had trouble sleeping afterwards . He was excited and stressed, it was a huge task, Dr. Metzger said. He was excited to do a great job, excited to come back into the public arena in good light. The doc said MJ joked about getting older, 49. Dr. Metzger: He looked great, he looked trim. You can’t say skinny because he was muscular. He was ready to go. The doctor said he expected MJ to have a profound sleep issue during the tour. We talked about someone in London, he never mentioned he already had someone on board, he explained. Dr. Metzger said he talked to some doctors at Cedars, asked if anyone had recommendation of sleep physician in London. He wanted some intravenous medicine that would put him to sleep, Dr. Metzger testified. “I can’t sleep without something special. The doctor alerted him about potential life threatening: he could overdose, allergic reaction in a hotel, could be given wrong medication. It just isn’t the right thing to do Dr Metzger told MJ. He said it was a 5-10 minute talk, and he had no concept whether he was successful This was the last time Dr. Metzger saw MJ. He had great fears about responsibility of tour: dehydration, back injury and sleeping. Dr. Metzger: I had used the expression “juice” because MJ would use that, it was a nickname he used for sleeping meds. Dr. Metzger: It was definitely a word he made up years ago. He used the word not often but when things got difficult.

The doc told MJ he was going to find people to help then drove off putting the top of his convertible down. He said the kids loved his car

Putnam read names of several physicians and asked Dr. Metzger if he knew them. “I told you he was a doctor shopper,” Dr. Metzger said. The doctor said he purges records after people don’t go back for 3, 4 years. He said he never altered MJ’s medical records. Dr. Metzger said Dr. Hoefflin wrote a plan, 20, 30, 40 pages long, to help MJ with his nutrition and medication. “I think I threw it away.”

Dr Metzger said he had a very close relationship with Michael and the children. “Whenever I was with them, I have seen a lot of interaction” Q: Did he love his children? A: Immeasurably Q: His children loved him? A: Same thing. He loved his mother greatly, Dr. Metzger said. “I’ve seen him generous to strangers, to hospitals, institutions, people on the street…” MJ has been generous to me, cordial to my family, a real compassionate human being, the doctor said. Q: Was he generous to his children? A: Definitely Q: Generous to his mother? A: I think so

Dr. Metzger: MJ was shy, but yet not really shy, I think the shy was an act. Fun to be around most of the time. Dr. Metzger: I know his love and care for humanity. I just viewed him as a very wonderful, special person. Dr. Metzger: I never saw him be demeaning to anybody, always trying to be generous and kind.

Dr. Metzger said he was surprised Dr. Forecast going along on tour with MJ then Dr Ratner on HIStory tour and yet another doctor on TII tour

That concluded video testimony of Dr. Metzger. After the break, Marvin Putnam told the jurors AEG has rested their case.





LAPD Detective Scott Smith

Jackson direct

Brian Panish did direct examination.

Det. Smith is employed by LAPD. Currently assigned to Robbery Homicide Unit. He has been there for approximately 3 years. He knows Det. Orlando Martinez, within the same department. He has worked on more than 200 homicide investigations. He was working the day MJ died. He was notified to go to UCLA MedicalCenter along with Det. Martinez. Det Smith brought a large binder with him. He said at UCLA he met with Jackson’s security team, police officers then went to Carolwood house.

Panish: At this point, was it a death investigation or homicide? Det. Smith: It was a death investigation.

Det. Smith said about two months later the coroner determined the death was a homicide. He said he served subpoenas to find out motive. He got together with the District Attorneys office to investigate further. Det. Smith: In Dr. Murray’s car we found a contract between him and AEG that also had name of Michael Jackson. Det. Smith interviewed Kathy Jorrie. He said she had contact with Murray in regards to the contract, may had been responsible for drafting it. Det. Smith had a search warrant from the Coroner’s office to enter Dr. Murray’s car. “It was going to motive,” he said. He said he was looking into Dr. Murray, who was more than a person of interest, he was a suspect in this case. Det. Smith: Information that was obtained revealed that Dr. Murray financially was in ruins. The detective said Dr. Murray’s house was about to be foreclosed, he was in rear of child support for multiple children by multiple women.

The detective interviewed Jorrie on Feb. 22, 2001, took notes. Putnam was present. “I believe he was there to see what we had to say.” Panish showed picture of Kathy Jorrie. Det. Smith recognized her and Putnam for the record. Det. Smith said Jorrie answered most of the questions. Putnam was standing at the back of the room. Panish reads transcript from Jorrie’s testimony where she was asked if she told LAPD that MJ was going on a 2 to 3 year world tour. Panish: Ms. Jorrie denied making the statement, correct? She did state that there was going to be a world tour that would last 2 to 3 years, Det. Smith testified. Det. Smith said he wrote the information down as part of the statement and still has it, brought it to court. Panish: Is there a question in your mind that she said that? Det. Smith: No question whatsoever. Ms Jorrie and Mr Putnam stated this was only the beginning that MJ would go on a world tour that would last 2 to 3 years, Det. Smith wrote. Mr Putnam and Ms. Jorrie said the European tour was just the beginning… Det. Smith typed in the police log. He also typed: “MJ was going to do a world tour that would last 2 to 3 years.” Det. Smith said he takes notes contemporaneously as the interview is being taken. He types the notes once back at the office. Jorrie agreed to meet with the police, Det. Smith said. He said she was very cooperative.


AEG cross

Jessica Bina did cross examination then.

Det. Smith said he writes down a summary of the interview, not like a court reporter. “I’d imagine some things are missed,” he said.

Bina: Do you recall word for word what Ms. Jorrie said?
Det. Smith: I do not.
Bina: Was that in any way relevant to your investigation into Dr. Murray?
Det. Smith: None whatsoever.
Bina: People with financial problems could follow the law?
Det. Smith: Yes

Jackson redirect

Panish, in re-direct, asked if contract between AEG and Murray drew his attention to the figure the doc was going to be paid. Det. said yes.
Panish: You had serious concerns about that contract and Dr. Murray’s financial issues?
Det. Smith: Yes.
Panish: You didn’t know anything about how much money Ms. Jorrie had been paid by AEG, right, sir?
Det. Smith: No.
Panish: They didn’t tell you that, right?
Det. Smith: No, they did not.
Panish: You have no recollection whatsoever of Jorrie or Putnam saying it was a *potential* world tour?
Det. Smith: No, sir.

AEG recross

Bina, in re-cross: Does it matter to you it was MJ was paying Dr. Murray?
Det. Smith: No, ma’am
Bina: You were not investigating AEG Live?
Det. Smith: No, ma’am
Bina: It wasn’t who was paying, just the amount?
Det. Smith: Definitely the amount

Interview was approximately an hour, Det. Smith said. He said he was given copy of the contract.

Bina: Between you and Ms. Jorrie, who would know the contract better?
Det. Smith: Of course Ms. Jorrie

Zusammenfassung von Ivy, MJJC #85

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - 70
Day 71 - zeuge Dr. Gary Green
Day 72 - forts. zeuge Dr. Green
Day 73 - zeugin Rhoma Young
Day 74 - zeugen Jeffrey Adams video depo.; Dr. Stephen Gordon, plastic surgeon video depo.; Dr. David Adams video depo
Day 75 - zeuge Dr. Petros Levounis
Day 76 - forts. zeuge Dr. Petros Levounis; zeugin Dr. Christine Quinn; zeugin Cherilyn Lee
Day 77 - forts. zeugin Ch. Lee
Day 78 - zeuge Dr. Paul Earley
Day 79 - forts. zeuge Dr. Paul Earley

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

Transcript of Metzger Video Deposition

[rip.michael]

Jacksons vs AEG - Day 79 – September 4 2013 – Summary


No Jackson family members are in court today.


Dr. Paul Earley Testimony


Jackson cross

Boyle started out by asking Earley about his experience writing articles for medical publications and any conflicts of interest. Earley said he had written two or three peer-reviewed articles. He said some were published in European journals. Boyle then showed Earley the conflict of interest policy for the journal where the AEG-funded article ran. The policy states potential conflicts of interest should be disclosed on the cover sheet when the article is submitted. Earley said he did disclose that AEG Live paid for the research funding as spelled out in the policy. AEG’s payments were listed on the article’s seventh page. Earley said he had no control over where the disclosure was listed, that was the journal’s decision. (AP) Dr. Earley cross continued. The first item was the Propofol Study that he published at the beginning of 2013. Dr. Earley said the published report had a different format so it was not on the front page of the report. Under tough questioning, he insisted that he did not have a conflict of interest as an AEG consultant with having AEG pay for the study. He testified he was not trying to hide the AEG connection saying that was ridiculous. He was asked if the 22 medical pros in the propofol study funded by AEG are still alive? Dr. Earley did not know. Wasn’t part of study (ABC7) The journal article focused on case studies of 22 medical professionals who had propofol addiction. Boyle asked if they were all alive. Dr. Earley said didn’t know and he couldn’t contact the people in the study due to medical privacy laws. (AP)

Jackson lawyer Kevin Boyle also grilled Earley over his nondisclosure that he was working as a paid consultant in AEG Live's defense when he submitted the study for publication in a medical journal. He said the concert promoter did not try to influence his findings, which were published in March in the Journal of Addiction Medicine. (CNN)

Boyle also showed Earley the ethical guidelines of the American Society of Addiction Medicine, which state members should only provide general information about addiction and not offer diagnosis on celebrities or other public figures. Boyle questioned whether Earley’s blog posts on Michael Jackson violated those guidelines. Earley said he didn’t think they did. (AP) As yesterday, he was questioned about the blog he wrote a few weeks after MJ died. He restated he did not characterize MJ as addict. (ABC7) Boyle this morning also showed Earley a second blog post he wrote in Dec. 2011 that had the headline: “Murray Convicted -- Addiction Wins.” Earley said he wrote the post to draw attention to an article written by friend and journalist William C. Moyers (AP) Earley wrote another blog on his website 12/5/2011 titled, Murray Convicted Addiction Wins. Despite title, says not saying MJ addict. At the time on the blog, Earley was an AEG consultant. He said the title had Addiction winning not MJ and Addict. Asked about a line in the blog – another superstar going to oblivion – Earley said purpose of blog is talk about addiction. When he posted blog did he ask AEG permission? No. Consult AEG? No. After more AEG questions Earley exasperated said he was tired of this! (ABC7)

Boyle pressed Earley on his use of the term addiction, again asking whether he’d made up his mind about Jackson’s case by then. Earley said he hadn't made up his mind about Jackson and was merely trying to draw attention to the problem of addiction. Boyle: “You were referring to Michael Jackson.” “I was referring to the addiction problem, so the answer is no,” Earley said. (AP)

By this point, Earley was already doing research for AEG Live, although the company hadn’t agreed to fund his study by then. Boyle asked about Earley’s payments on the case. The doctor estimated he’d been paid $80-90k on the case, not including his testimony. (AP)

Earley had overcome a drug addiction about 30 years ago. He was asked details. He used several drugs including oxycodone and heroin. He was almost homeless and had his medical license suspended. He was in treatment for 9 months and got clean. (ABC7) Earley spoke extensively today about his own addiction to opioids and how he was able to be rehabilitated and keep his medical license. Boyle asked if Earley was relying on his own experiences as the basis for his opinions in the case. The doctor said only to a small extent. Earley was very candid about his addiction, saying he was at one point nearly homeless and had to relinquish his medical license. He was criminally charged with writing prescriptions to himself under false names and went into treatment. His work in the addiction medical field grew out of his recovery and rehabilitation. His issues were in the early 1980s, he said. Earley said his drugs of abuse were oxycodone, heroin, codeine and hydrocodone. Boyle repeatedly commended him on his recovery. The attorney asked Early whether in the depths of his addiction, his prognosis was grave. “Yes it was,” Earley responded. Earley said in response to one question about his recovery that while he survived, many of his colleagues with addiction have not. The doctor said it was a miracle, by the “grace of God” that he survived. Many of his patients have been addicted physicians. (AP)

Boyle asked the doctor whether during his addiction, he had a concert promoter involved in his life, med care. Earley said he didn’t. Boyle asked about the role of a family’s love in the recovery of an addict. Earley said it was important in his early stages of recovery. “Michael had a lot to live for,” Earley said of Jackson and his love for his children, which could have aided in a recovery. Boyle asked whether Jackson having full time access to a doctor like Conrad Murray would be a trigger for his addiction. Earley said Jackson had access to the doctor, but it was the doctor’s responsibility to be a gatekeeper to drugs and medications. (AP)

Asked about the Physician Desk Reference (PDR) Earley checked and propofol was not in the book. Can’t get drug with prescription. PDR’s are for General Practitioners not some specialized fields like Anesthesiologists or some cancer drugs. One last from the morning session, according to Jackson attorney a common name for Propofol is “Milk of Amnesia” even in wikipedia!!! (ABC7)

During morning session PDR did not have propofol in the book. In the courtroom Boyle handed a note. The page with propofol had been torn out in a dramatic moment earlier in the trial. Laughs in the courtroom (ABC7)

In general, there were a lot of delays in testimony today. Lots of sidebars and objections and some charts that had to be quickly redone. One such delay happened when Boyle asked Earley to find the entry for propofol in the 2009 edition of the Physicians’ Desk Reference. The Physicians’ Desk Reference, AKA PDR, has detailed entries on many drugs. It’s the book Cherilyn Lee used to discuss propofol with MJ. Earley couldn’t find the entry in the PDR so Boyle asked partner Brian Panish to locate it. He couldn’t find it either. It turns out another lawyer, Michael Koskoff, had ripped out the pages on propofol while questioning another witness, Dr. Levounis. (AP)

They continued about the drugs that were found at MJ house. The list of drugs found at the house but not in MJ’s body according to Coroner report was Lidocaine and Ephedrine. Used to try to help MJ. From there they moved on to Demerol. Dr. Earley said he was only aware of 3 cases that a person died of an overdose given by a doctor. Attorney Boyle tried to make the case that dying of Demerol administered by a doctor was more rare that trampled by elephant or hit by tsunami. With a graph showing MJ Demerol Injection from Dr. Klein, in the last couple months of MJ life. He went only 4 days until May 5th. (ABC7)

Attorney Boyle made the point that on May 6th AEG Exec Paul Gongaware sent Dr. Murray the email “Done” $150,000. (ABC7)

Boyle’s examination after lunch focused on the times that Jackson requested propofol over sleep _ they said in court it was four times. That wouldn't include anesthesiologist Dr. David Adams, who Jackson approached in 2009 but didn’t discuss propofol by name. Boyle showed a chart listing those requests by Jackson, adding the May 6, 2009 date that AEG exec Paul Gongaware said Murray’s deal was done. Boyle’s point was that Jackson didn’t request propofol from anyone else after Murray was working with MJ on the “This Is It” tour. (AP)

Then Earley was questioned if Propofol can mask the symptoms of Demerol withdrawal. He said it can mask some of those symptoms (ABC7)

On to MJ’s general health. No evidence heart, kidney, diabetes? No. Blood Pressure – Early says Coroner report no pressure! (ABC7)


AEG redirect


On redirect Earley says he didn’t see the Gongaware email until court Tuesday. They put back up the Propofol slide with info added. Added: Jan 2006 MJ starts to see Dr. Murray. 2/4/09 MJ tells Dr. Salvit Murray is his personal physician. 4/6/09 Dr. Murray makes the first order for propofol. 4/28 Murray orders more. 5/12 More. 6/6/09 More. (ABC7)

AEG’s lawyers point to Murray ordering propofol before that date. Boyle later noted Gongaware’s testimony about talking to Murray about working on the tour and his request for $5 million. That happened 3 to 5 weeks before the May email indicating Murray’s deal with done. Cahan showed Earley and the jury a chart that listed Murray’s first treatments of MJ in 2006, and propofol shipments from April-June ’09. (AP)

Earley said in response to a question by Cahan that before Jackson’s death, propofol addiction was virtually unknown by the public. Cahan asked him the doctor about his blog posts. He said he didn’t think they were an issue because he wasn’t making any diagnoses. (AP)

Dr. Earley checked his first Blog in 2009 that was brought up Tuesday. He wrote it 6 weeks after MJ died. He said he learned of the propofol toxic in news reports. He said he had begun seeing propofol cases in medical pros in 2008. He started cataloging cases to look at them at a later date and possibly do a study at a later date. Study funded by AEG. Asked if AEG support for the Study Dr. Earley said no. Started before lawsuit filed. AEG could have influence of if he was time traveler. (ABC7)

A second blog was brought up that Earley posted when Dr. Murray was convicted. The first line written by another addiction doctor. It was attributed him in the second line of the blog. That was read to the jury. (ABC7)

Earley was asked whether MJ should have avoided doctors. He said no _ he needed treatment _ but he needed to disclose all his conditions. (AP)


Jackson recross


On recross Dr. Earley was questioned about the Study. He is asked about a conflict of interest with AEG funding he says didn’t affect result. Findings were very uncommon addiction for medical pros. 1.6% are addicted. Half use other drugs. More women are addicted and there is a rapid decline. Addicts commonly are depressed and have had child trauma. (ABC7)

Earley told the details of his addiction. Used for about 5 years. Wrote prescriptions with other names for self and was arrested. He went to drug court and was sentenced to the program where he is now. His license was suspended but he got it back. Program is why he is alive. (ABC7)

On Re Cross Dr. Fivner was brought up. After a 5 minute sidebar in chamber Earley testified that Fivner had a suspended license at the time. (ABC7) Boyle took back over and asked some questions about Earley’s co-author on his AEG-funded propofol study. It turns out Earley’s co-author had his medical license suspended due to some addiction-related legal problems. He wasn’t working in medicine at the time the study was written. Earley said his co-author has since had his license reinstated and is working in New York (AP)

Boyle also asked Earley about whether he had any control over how AEG used his study in the case. The doctor said no. Earley said he also didn’t have control over how the plaintiff’s used his research, or any other research that’s been published. Boyle likened AEG’s payments to Earley’s research as similar to private money turning into a nuclear weapon. “This is a small study. I’m not building the atom bomb,” Earley responded. (AP)

At the end of his questioning Boyle asked Earley about his opinion that you can’t blame an addict for their addiction. “In medicine, we don’t talk about blame,” Earley said. This opinion was played earlier in the case for the jury . (AP)


AEG redirect


On direct testimony he said Finver was between jobs. Finver in the program for drug addiction and his medical license suspended. He was in between a pizza job and driving a truck for Good Will. He did not need license to work on the Study. AEG and Journal not told. Got his license back earlier this year. (ABC7)

The co-author of a study on propofol addiction funded by AEG Live and used in their defense in the Michael Jackson wrongful death trial lost his medical license for writing illegal drug prescriptions, according to testimony. Dr. Torin Finver was hired to help with the AEG Live study after he lost his job at a pizza parlor and took a job driving a Goodwill truck, said Dr. Paul Earley, who testified Wednesday as an expert witness for the concert promoter. Finver was "destitute, dead broke, and I wanted to help him," Earley, himself a recovering heroin addict, testified. Earley testified that he never disclosed to AEG Live lawyers that his co-author had lost his medical license. (CNN)

In his blog he characterized MJ prognosis as grave. Earley says he treats many grave patients. That is why he is good. Never gives up. (ABC7)


Jackson recross

Last question on recross was did Dr. Earley see Dr. Murray had ordered 4 gallons of propofol. Dr. Earley answered I did. (ABC7) Boyle ended by asking Earley if he was aware that Murray ordered more than four gallons of propofol for Jackson. The doctor said he was. (AP)

Zusammenfassung von Ivy, MJJC #82

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - 70
Day 71 - zeuge Dr. Gary Green
Day 72 - forts. zeuge Dr. Green
Day 73 - zeugin Rhoma Young
Day 74 - zeugen Jeffrey Adams video depo.; Dr. Stephen Gordon, plastic surgeon video depo.; Dr. David Adams video depo
Day 75 - zeuge Dr. Petros Levounis
Day 76 - forts. zeuge Dr. Petros Levounis; zeugin Dr. Christine Quinn; zeugin Cherilyn Lee
Day 77 - forts. zeugin Ch. Lee
Day 78 - zeuge Dr. Paul Earley

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

[rip.michael]

Jacksons vs AEG - Day 78 – September 3 2013 – Summary


No Jackson family members are in court today.


Dr. Paul Earley Testimony


AEG direct


In the opening minutes – he talked about scant info on propofol and propofol abuse. In the summer of 2012 he told AEG he would like to do a study. By October he had a budget of $53,000 that AEG funded. CORRECTION – The budget was presented in the summer of 2012 for 6 months work. AEG Funded the project.The final draft was ready to be published in January 2013. Dr. Early testified that AEG had no information of study conclusions. Also in January 2013 Dr. Earley’s status changed from consultant to AEG to an expert witness. Now he could review MJ’s and court records. (ABC7) One of the issues the lawyers argued about this morning was related to Dr. Earley’s testimony about a study he published on propofol. Earley published a study based on more than 20 case studies of people addicted to propofol (they were all medical professionals.) AEG Live paid to have the study completed. Earley said he compiled some of the materials before his involvement in the case. After he began testifying, AEG Live defense attorney Kathryn Cahan asked about the study and how much AEG Live paid for its completion. Earley said in all, AEG paid about $53k for the study to get completed, including money to pay for a writer, statistician. AEG wasn’t shown an advance copy of the article, which was published in March 2013 in a medical journal, Earley said. Earley said he had treated about 25 cases of propofol addiction during his 30-year career _ all were medical professionals. Earley said AEG Live agreed to pay for the study because there wasn’t a lot of literature about propofol addiction. (AP)

Earley said despite AEG payments, he was giving an independent opinion. (AP)

Despite his 2009 blog titled "Michael Jackson: Addiction in the Privileged," Earley testified Tuesday that there "was insufficient evidence that he was addicted to propofol." "He was given propofol initially for appropriate medical procedures, but at some point he began seeking out physicians who would administer propofol to him," (CNN) Earley testified.Earley said he couldn’t offer an opinion on whether Jackson was addicted to propofol, but he saw signs of abuse of the anesthetic. (AP) Dr. said there was not enough evidence that MJ was addicted to propofol but he was seeking out doctors for the medication. And, the propofol was having negative effects on his life and on a medical scale of life expectancy he said MJ condition was grave. He used a slide in court to show the 4 reasons he felt MJ was grave. 1. inappropriate use of propofol. 2. Opioid Addiction 3. Drug synergy between the propofol and other drugs he used. 4. Obstacles for a successful recovery. (ABC7)

He also talked about Propofol used properly in a medical setting. Small changes in the dose can one can go from unconscious to death. That is why there must be a medical setting with and Anesthesiologist monitoring. If breathing stops adjust dose and no harm to patient. (ABC7)

Earley said he did believe that Michael Jackson’s life expectancy was reduced, but he couldn’t estimate by how much. He said Jackson’s prognosis for survival was grave due to his drug use, including propofol and use of opioids, other medications. The doctor said with propofol, small changes in the dose can make a big difference in the impact on the person, so caution was necessary. Earley was shown a slide contrasting how people receive propofol versus how they take an opioid medication. Propofol required 13 items for safe administration, versus a glass of water or a syringe for receiving opioid drugs. Earley reiterated that as long as the doctor knows what you’re taking and you’re monitored, receiving propofol is safe. (AP)

After Lunch, Direct Examination continues. Dr. Earley is asked about his work with propofol addiction with medical professionals. Even an Anesthesiologist can’t always control the dose themselves on themselves? True. They can be found blue on the floor. (ABC7)

After the lunch break, AEG Live defense attorney Kathryn Cahan asked Dr. Earley a few more questions about his AEG-funded study. Cahan asked Earley if he thought AEG funding his study was a conflict of interest. The doctor said no. (AP) The first version of his study was ready to submit the the medical journal in October 2012. The final version was 3 revisions later. The Journal Editors questioned Dr. Earley who AEG Live was after the submission. He responded an entertainment company he was doing work for. He testified no conflict of interest because he was doing research…on medical pros who were addicted to propofol, not MJ or his case. The research and the study were done by January 2013 when he was an AEG consultant. He became an expert witness in Feb 2013. That is when AEG sent Dr. Earley evidence to read in the Jackson case. (ABC7)

Throughout his testimony, Earley was shown a large timeline showing the various times MJ asked for or received propofol in non-med settings. One of the instances noted was the time Jackson received propofol in a German hotel room in 1997. Earley said one could argue that while that wasn’t an appropriate use of the medication, it was administered properly because of the supervision, equipment used. The chart also included four times Jackson sought out propofol for sleep: in 98/99 from Dr. Christine Quinn, in 2002 from Dr. Van Valin and two instances in 2009 from nurse practitioner Cherilyn Lee and Dr. Allan Metzger. Dr. Earley said Dr. William Van Valin II testified that in 2002, Jackson brought him a box of propofol and asked him to give it to him. Earley said this was evidence that Jackson had the drug. Van Valin refused, saying propofol was dangerous, according to the slides. (AP) The next exhibit showed a Propofol Timeline 1998 or 98 – Dr. Quinn asked and refused. Dr. Van Valin in 2002 or 2003 asked and refused. Finally, Nurse Cherylin Lee the morning of 4/10/2009 asked to find an anesthesiologist for MJ and she refused. Earley says he continued to seek. (ABC7)

Earley said there were several risks to Jackson receiving propofol in his home, including his risk to stop breathing due his large tongue. Jackson’s tongue could block his airway, as it did several times when Dr. David Adams gave Jackson propofol during dental procedures. Dr. Earley also said Jackson had a high risk for blood clots because, at least on the day he died, propofol was being given in a leg vein. The doctor said there’s a higher risk of clots or embolism anytime a leg vein is used to administer a drug such as propofol. (AP ) Earley said the size of MJ’s tongue also could play a role. He had a large tongue and with Propofol the tongue could cover wind pipe. Earley saw the autopsy report. There was no sign of a breathing tube on his body or at his house. He also talked about inexperienced administrator of the propofol with the IV in his leg that is greater risk for air bubbles to the lungs. (ABC7)

Dr. Earley likened Jackson receiving propofol in his home to playing “Russian Roulette” each time he did it. (AP) Michael Jackson's drug addiction gave him "a grave prognosis" for a long life, and each dose of an anesthetic his doctor gave him to help him sleep was like playing "Russian roulette," an addiction expert hired by AEG Live testified. (CNN)

Finally Dr. Earley talked about MJ addiction to opioids from 1993 until his death. He did go to rehab in 1993 but there was no real follow up. He spoke about his own battle with addiction 30 years ago and his medical license and the legal system became more important than drug. He outlined 7 factors obstacles MJ faced – duration of addiction – no evidence of him saying no to pain medication- failed attempts - secrecy – hard for celebrities to get into treatment and then have the support after rehab – continued pain and available prescriptions. Finally it was MJ’s access to drugs with his relationships with doctors and his continued medical problems…. (ABC7) Earley was asked about Jackson’s opioid use, and he said Jackson had legitimate pain issues and that had to be considered. However, Earley said he didn’t see evidence that Jackson had appropriate follow-up treatment for his addiction. “Unfortunately because of his pain related problems, he was re-exposed to the drugs over and over again,” Earley said. Earley told the jury he wasn’t “saying that it’s Mr. Jackson’s fault that he became addicted to drugs.” (AP)

The doctor said he is himself a recovering opioid addict, and that it was a challenge to keep the disease in check. For instance, Earley said when he had surgery, he had to explain to the doctor not to give him opioid medications. Giving opioids to an addict, Earley said, turns on a switch in their brains and makes it very difficult for them to refuse the drug.(AP)

Just after the afternoon break Dr. Earley said he is surprised when someone is addicted to both opioids and propofol. The propofol is not easy to get and not easily administered. He said although about 70% of addicts have insomnia propofol is not a cure. (ABC7)


Jackson cross

Cross examination begins. Jackson Attorney Kevin Boyle asks Dr. Early about a blog he wrote on his website several weeks after MJ died. Dr. Earley titles his blog MJ: Addiction in the Priviledged. Dr. Earley claims it was not written about MJ but used to open discussion. He also wrote that because MJ was taking propofol – he wrote that they were mainlining at the Jackson home. Bad connotations. Dr. Earley claimed there were many terms in the addiction field that had bad connotations when it came to drug use. (ABC7) Boyle’s questioning was quite spirited _ he pointedly questioned Earley on AEG funding the propofol study and his writings on Jackson. Earley wrote a blog post in 2009 titled, “Michael Jackson: Addiction in the Privileged.” Boyle showed the post to the jury. Boyle questioned if Earley had already made up his mind about Jackson before AEG called him to be an expert in the case. The doctor said no . Earley said he wrote his blog in the hopes that the Jackson family would see it and use it to underscore the dangers of addiction. (AP)

Boyle also used a modified timeline that AEG used during its examination, adding the date of May 6, 2009, when AEG exec Paul Gongaware wrote that Conrad Murray’s deal was “done at $150k a month.” That was a couple weeks after Jackson asked for propofol from Lee, Metzger. Boyle asked if there was any evidence MJ asked for propofol after May 6. “No evidence,” Earley said. “Sounds like he got it.” (AP)

Boyle then asked Earley to confirm that MJ found his propofol from “the doctor hired by AEG Live.” The question was immediately stricken. Several of Boyle’s questions and comments were stricken by the judge as argumentative throughout his 45-minutes of questioning. For instance, Boyle asked if Earley was glad Mrs. Jackson wasn’t in the audience today. The question was stricken. Earley said that his blog (still just a Google search away...) doesn’t imply that Jackson was an addict. Boyle was incredulous and asked Earley if he was really saying that with a straight face. That comment was stricken. (AP)


Dr. Earley was also questioned about the propofol study he conducted. He said he did not think it was a conflict of interest. Earley was contacted by Mr. Punam at O’Melveny and Meyers because they wanted more information about Propofol addiction. Dr. Earley told him there wasn’t much written about propofol. The law firms need for information and how own curiosity got him to do study. The Law Firm agreed to fund it. He said he did not see the conflict or a disclosure problem because the subjects were in healthcare. Dr. Earley continued to stress though under tough questioning that he was doing research for the law firm, not the MJ case. (ABC7) Boyle also showed the jury Earley’s article that was paid for using AEG Live’s support. The attorney asked several questions about it. He noted that the first page states the authors didn’t have a conflict of interest. Earley re-iterated he didn’t think one exists. Boyle questioned Earley on whether he told his research partner (another doctor) that he was being paid as an expert in a lawsuit. Earley said he told his research partner that he was doing research for AEG Live and may have mentioned it was a case. The doctor said his partner didn’t express any concern about Earley’s role in the case or AEG Live’s payments to get the article done. (It's important to note that Earley's discussion with his research partner would have come before AEG designated the doc as a trial witness.) AEG apparently didn't inform Earley he would be called to testify until March 2013. Article was accepted for publication 2 months before. Boyle asked Earley how many medical journal articles are funded by concert promoters. Earley said he wasn’t aware of any others. (AP) Earley insisted in his testimony that AEG Live's funding did not influence the conclusions of his study or his testimony in the trial. But the Jackson lawyer hammered the doctor about the lack of disclosure to the scientific journal and his collaborator that he was being paid to be an expert witness in the trial. He informed them that he was doing research for the company, but the trial aspect was "irrelevant," Earley said. "It's irrelevant to health care professionals," he said. "It wouldn't affect their understanding of the paper." (CNN)

Around this time, the court recessed for the day.

Zusammenfassung von Ivy, MJJC #81

__________________________________________

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - 70
Day 71 - zeuge Dr. Gary Green
Day 72 - forts. zeuge Dr. Green
Day 73 - zeugin Rhoma Young
Day 74 - zeugen Jeffrey Adams video depo.; Dr. Stephen Gordon, plastic surgeon video depo.; Dr. David Adams video depo
Day 75 - zeuge Dr. Petros Levounis
Day 76 - forts. zeuge Dr. Petros Levounis; zeugin Dr. Christine Quinn; zeugin Cherilyn Lee
Day 77 - forts. zeugin Ch. Lee

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

[geli2709]

The Jacksons vs. AEG Live — Zeugen von AEG, 17. Teil

7. September 2013

Diese Woche hatte ein weiterer Expertenzeuge für AEG Live ausgesagt, Dr. Paul Earley. Kurz nachdem AEG Live ihn im 2011 als Berater in Bezug auf Propofolabhängigkeit angestellt hatte, erklärte sich AEG Live bereit, eine wissenschaftliche Recherche von Dr. Earley mit dem Titel “Süchtig nach Propofol: Eine Studie von 22 Behandlungsfällen” zu finanzieren. Dieser Studie wurde im März dieses Jahres publiziert. Dr. Earley bestand in seiner Aussage darauf, dass die Finanzierung der Studie keinen Einfluss auf seine Schlussfolgerungen in seiner Zeugenaussage hatte bzw. dass AEG Live nicht versucht hatte, die Resultate seiner Studie zu beeinflussen, als Jackson Anwalt Brian Panish ihn im Kreuzverhör zur Rede stellte.

Die Jackson Anwälte hämmerten während des Kreuzverhörs auf den Zeugen ein, dass er dem wissenschaftlichen Journal “The American Society of Addiction Medicine” und seinem Mitarbeiter nicht offengelegt hatte, dass er für diesen Prozess von AEG Live als Expertenzeugen bezahlt worden sei. Dr. Earley erwiderte, dass er sie darüber in Kenntnis gesetzt hatte, dass er für AEG Live Recherche betrieb. Dass er dafür bezahlt wurde, im Prozess für AEG Live auszusagen, erachte er als “irrelevant”, so Earley.

Während Earleys Zeugenaussage kam auch heraus, dass Dr. Torin Finver, der Co-Autor dieser von AEG Live finanzierten Studie über Propofolabhängigkeit seine Approbation verloren hatte, weil er illegal rezeptpflichtige Medikamente verschrieben hatte. Nachdem er seine Stelle bei einer Pizzeria und als Lastwagenfahrer für eine Wohltätigkeitsinstitution verloren hatte, wurde Finver von Earley angestellt, um bei der AEG Live Studie mitzuhelfen. Finver war “verzweifelt, komplett bankrott und ich wollte ihm helfen,” so Earley, der seinerseits ehemals heroinsüchtig war. Diese Enthüllung wurde von CNN als “bizarre Wendung” in diesem Prozess bezeichnet. Earley hatte gegenüber den AEG Live Anwälten nie offengelegt, dass seinem Co-Autor der Studie die Approbation entzogen worden war. Ironischerweise, so CNN, wird AEG Live im laufenden Prozess damit beschuldigt, Conrad Murray fahrlässigerweise angestellt zu haben, weil sie es u.a. unterlassen hatten, Murrays Background zu prüfen, bevor sie ihn angestellt hatten.

Die Jackson Anwälte hoffen, dass die Kontroverse betreffend Earleys Arbeit für AEG Live die Geschworenen von dessen Schlussfolgerung ablenken wird, dass Michael Jackson medikamentenabhängig war mit einer “ernsthaften Prognose”, die seine Lebenserwartung verkürzt hätte, wenn er nicht an einer Überdosis Propofol verstorben wäre; diese Aussage wäre relevant bei einer allfälligen Berechnung der Schadenssumme durch die Geschworenen. Jede Dosierung dieses Narkosemittels, die Murray Michael Jackson verabreicht hatte, um ihm zu Schlaf zu verhelfen, war als ob er “russisches Roulette” gespielt hätte, so Earley.

Obwohl Earley sechs Wochen nach Michael Jacksons Tod einen Blog mit dem Titel “Michael Jackson: Addiction in the Privileged” geschrieben hatte, meinte Earley in seiner Aussage vor Gericht, dass “nicht genug Beweise [vorlagen], dass Michael Jackson abhängig war von Propofol. [...] Anfangs wurde ihm Propofol im Rahmen von notwendigen medizinischen Eingriffen verabreicht, aber irgendwann begann er damit, sich nach Ärzten umzusehen, die ihm Propofol verabreichen würden”, so Earley. Die letzten beiden Male, als dies vorkam, war im März und April 2009, wie zuvor ausgesagt wurde. Als Paul Gongaware, co-CEO von AEG Live, am 6. Mai 2009 eine E-Mail an einen Assistenten von Michael Jackson geschrieben hatte, in der er diesem mitteilte, dass Murray damit einverstanden war, als persönlicher Arzt von Michael auf Tour zu gehen (“Gemacht für $150’000 pro Monat”), schien es, als ob er einen willigen Arzt gefunden hatte, so Earley.

Quellen: jackson.ch, cnn.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...n-aeg-17-teil/
Copyright © jackson.ch

[Lena]

Hier nochmals Van Valin-Aussagen aus dem CNN-Artikel. Machen ein paar Aussagen aus den Tweets im Kontext verständlicher.


Michael Jackson's pain was real, doctor testifies
By Alan Duke, CNN
updated 4:28 AM EDT, Sun September 8, 2013

http://edition.cnn.com/2013/09/08/showbiz/michael-jackson-death-trial/?hpt=hp_t2

Los Angeles (CNN) -- Before Michael Jackson asked a doctor to treat his insomnia with propofol, he tried falling asleep to the physician reading him bedtime stories.
The pop star's desperate decades-long search for sleep ultimately led to his death when he overdosed on the surgical anesthetic on June 25, 2009.
The trial to decide if Jackson's last concert promoter is liable for his death is nearing an end after more than four months of testimony.
AEG Live's lawyers plan to rest their defense case this week, with Jackson lawyers presenting several rebuttal witnesses. Closing arguments are likely the last week of September.
Dr. Barney Van Valin, whose video testimony was shown to jurors Friday, refused Jackson's request for propofol infusions in 2003, but six years later -- in Dr. Van Valin's words -- another physician "put him to sleep like a dog."
Jackson's mother and three children contend AEG Live is liable for his death because the company hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter for Jackson's propofol overdose. Murray told investigators he gave Jackson nightly infusions of the drug to treat his insomnia the last two months of his life.
AEG Live lawyers argue Jackson, not their executives, chose and controlled Murray and that the company had no way of knowing about the dangerous treatments in the privacy of the singer's bedroom.
The producers ignored warning signs that Jackson's health was deteriorating, and instead of finding another doctor to intervene, they kept Murray and made him responsible for getting Jackson to rehearsals for his comeback concerts, the Jacksons contend.
MJ and doctor were "best friends"
Dr. Van Valin's practice is near the Neverland Ranch in Santa Barbara County, California, where Jackson lived until his acquittal in a child molestation trial in 2005.
"We were best friends, you know," Dr. Van Valin testified. "I didn't have a better friend and I don't think he did."
Dr. Van Valins Praxis ist in der Nähe der Neverland Ranch in Santa Barbara County, Kalifornien, wo Jackson bis zu seinem Freispruch in einem Kindesmissbrauchs -Prozess im Jahr 2005 lebte."Wir waren die besten Freunde , wissen sie " bezeugte Dr. Van Valin. "Ich habe keinen besseren Freund und ich glaube nicht, dass er es hatte. "

Jackson "would just show up" at Van Valin's home every week or so without warning, he said. The doctor would open his door to leave for work in the morning "and he would just be standing there."
Jackson " würde einfach kommen, " zu Van Valin nach Hause jede Woche oder so ohne Vorwarnung , sagte er. Der Arzt würde seine Tür öffnen , für die Arbeit in der Früh verlassen ", und er würde nur dort stehen . "Sein Fahrer sagte ihm einmal , Jackson habe an seiner Tür gewartet für 35 Minuten , wollte nicht klopfen , weil er dachte , dass war unhöflich .
His driver told him once that Jackson had been waiting at his door for 35 minutes, not wanting to knock because he thought that was impolite.
Van Valin's children would stay home from school some days Jackson visited.
"I'd come home from work and there's Michael there at the house and they're watching cartoons or, you know, eating pizza," Van Valin said. At first it was a novelty, but after several years it was routine, he said.
Van Valins Kinder würden von der Schule zu Hause bleiben einige Tage wenn Jackson sie besuchte.
"Ich würde nach Hause kommen von der Arbeit und da war Michael im Haus und sie sahen Cartoons , aßen Pizza , " sagte Van Valin . Am Anfang war es ein Novum , aber nach einigen Jahren war es Routine , sagte er.
The doctor was asked under cross examination if Michael Jackson a good father.
"No, he is an amazing father," he answered. "Because I'm a good father and he was better than me. He respected them and as they respected him and he would correct them gently."
Der Arzt wurde im Kreuzverhör gefragt ob Michael Jackson ein guter Vater war..
"Nein, er war ein wundervoller Vater , " antwortete er. "Ich bin ein guter Vater , und er war besser als ich. Er respektiert sie und weil sie ihn respektierten würde sie sanft korrigieren. "
Doctor: Jackson didn't fake pain to get drugs
AEG Live's defense includes the contention that Jackson cultivated friendships with doctors to gain access to drugs to feed a secretive addiction. But Van Valin denied Jackson ever used their friendship to get prescriptions to medication that were not clinically indicated.
Although he was compelled to testify as a witness for AEG Live, Van Valin's testimony boosted the Jackson case by showing that Jackson's use of painkillers was medically justified by chronic pain suffered in a 1997 stage accident, Jackson lawyers said.
The doctor said Jackson showed the "classic symptoms of lower back pain" and an MRI study confirmed a bulge in a disc in his lower spine consistent with where his pain was.
Der Arzt sagte, Jackson zeigte die "klassischen Symptome von Schmerzen im unteren Rücken" und einer MRI-Untersuchung bestätigt eine Ausbuchtung in einer Scheibe in seiner unteren Wirbelsäule und konsistent mit dem sein Schmerz war.
Dr. Van Valin said he never suspected Jackson was faking his pain to get painkiller shots.
"I looked for that because there are plenty of people that come in and try to scam me, so I'm always looking for that," he testified.
Dr. Valin hat nie in Verdacht das Jackson seine Schmerzen vortäusche um Schmerzmittel zu bekommen. Ich schaute danach weil es viele Leute gibt die kommen und versuchen mich zu betrügen, so ich schaue immer danach" sagte er aus.
While the doctor said "nothing implied" that Jackson was abusing painkillers, there was one incident during house call in 2002 that caused him to suspect Jackson might be getting additional shots of the powerful opioid Demerol from another doctor. He noticed "a little blood spot" on Jackson's T-shirt after he gave him a shot, he said.
"I lifted it up and there's a little Band-Aid over it and I said, 'Michael,' I said, 'you have another doctor that gave you a shot.' I said, 'You realize what risk you put yourself and me at by doing that? Who came and gave you a shot?' 'Oh, no, I didn't -- it was not a shot.'" Van Valin said. "But it was. He was lying."
Während der Arzt sagte, " das nichts angedeutet hat " , dass Jackson missbrauchte Schmerzmittel, gab es einen Zwischenfall während eines Hausbesuches im Jahr 2002 der dazu führte, dass er vermutete,Jackson könnte eine weitere Aufnahme des mächtigen Opioids Demerol von einem anderen Arzt erhalten haben.
Er bemerkte, " ein wenig Blut " auf Jacksons -T- Shirt , nachdem er ihm einen Schuss gab , sagte er.
"Ich hob es auf und es gibt ein Pflaster darüber und ich sagte , ' Michael ', sagte ich, " Sie haben einen anderen Arzt, der Dir einen Schuss gab . " Ich sagte: " Du weiß welches Risiko Du Dich selbst und mich aussetzt. Wer kam und gab Dir einen Schuss ? " Oh , nein, Es war es nicht ein Schuss ' " sagte Van Valin . "Aber es war es . Er log . "

AEG Live contends Jackson kept doctors in the dark about other doctors' treatments. The argument is important to their contention that his dangerous drug use would have shortened his life even if he had not died in 2009. The shorter his life expectancy, the less money they might be ordered to pay in damages if found liable in his death.
"I told him, I said, 'You know what, I can't do this, okay, 'cause if you're doubling up, you know, I give you a shot and then you've already had one,' I said, 'I could kill you,'" Van Valin testified.
" Ich sagte ihm . ' Weißt du was, ich kann das nicht , okay, ' Weil es verdoppelt sich, ich kann Dir keinen Schuss gebenund dann hast Du schon einen :" Ich sagte: "Es könnte Dich töten ", " sagte Van Valin .
Van Valin remained close friends with Jackson even though he stopped treating him soon after that incident, he said.
Van Valin blieb weiter mit Jackson befreundet auch wenn die Behandlung bald nach diesem Vorfall endete.
Bedtime stories versus Diprivan
The doctor's testimony revealed more about Jackson's relationship with the drug that killed him -- the surgical anesthetic propofol, also known as Diprivan. AEG Live lawyers contend it was a drug Jackson knew a lot about, but that their executives had no knowledge of.
Debbie Rowe, Jackson's former wife, testified earlier that German doctors infused the singer with it in a Munich hotel on two nights to help him sleep between "HIStory" tour shows in 1997. Jackson lawyers pointed out that Paul Gongaware, who is now the AEG Live co-CEO, was Jackson's tour manager then.
Five years later, Jackson asked Van Valin to help him go to sleep.
"Sometimes, he'd say, 'Barney, do me a favor, see if I can sleep, I'm going to get under the covers on that rollout couch,' and he said, 'Just read me out of a book,'" Van Valin testified. "I'd find a book that looked interesting and I'd just start reading or I'd tell him stories. That didn't work because often times he got excited about the story and say, 'That really happened?' or something. Anyway, I'd read to him -- and when it seemed like he was asleep I'd slip out, you know, kind of hard because the door made a little noise. If I thought he was asleep I'd leave, and once in awhile he'd say, 'Good night, Barney,' and when I got to the door, he wasn't asleep at all."
"Manchmal , würde er sagen:" Barney, tu mir einen Gefallen , schaue ob ich schlafen kann , ich werde unter der Bettdecke auf diesem Rollout Couch gehen ', und er sagte: " Lies mir aus einem Buch , ' " bezeugte Van Valin . "Ich versuchte ein Buch zu finden , das interessant aussah und ich fing an zu lesen, aber das funktionierte nicht oft , weil er oft über die Geschichte aufgeregt/neugierig war und sagte:"Ist das wirklich passiert? oder etwas , Jedenfalls würde ich für ihn lesen - und wenn es schien, dass er eingeschlafen war versuchte ich herauszuhuschen , was ziemlich schwer war , weil die Tür ein wenig Lärm machte und wenn ich dachte, er sei eingeschlafen , versuchte ich zu gehen und auf einmal würde er sagen: " Gute Nacht, Barney, " und wenn ich an die Tür kam, war er nicht eingeschlafen, überhaupt nicht. "
Dr. Van Valin hat auch versucht Jackson mit Sedativa zu helffen , darunter Xanax , ohne Erfolg , sagte er.


Dr. Van Valin also tried to help Jackson sleep with sedatives, including Xanax, without success, he said.
Jackson, however, revealed to him in 2003 that he had a stash of propofol in a closet of his Neverland Ranch bedroom, Van Valin said.
"He said, 'Would you put me to sleep, I haven't been able to sleep for four days,' and I said, 'With what?' And he goes, 'Well, I have this stuff,' and I said, 'Mike, I don't do I.V. sedation. You need an anesthesiologist to do that.' And he said, 'Oh, it's safe, man, I used it for all those years between shows and I got put to sleep.' I said, 'I can't imagine that was good sleep." You know, he said, "No, it works really well."
He said Jackson told him that during his world tours him a doctor "would put in the I.V. and put me to sleep, and he'd stay there for eight hours and wake me up 'cause I would go -- if I had three days between shows, I would have three days I didn't sleep and, you know, that I couldn't put on the show I wanted to have, you know, I mean, I want my shows to be, you know, as high end as possible."
"Sounds like a doctor who did his job, not like this other guy, who just started the drip and left the room and basically put him to sleep like a dog," Van Valin said.
Jackson was "pretty complacent" when he rejected his request for help with propofol and he never asked for it again, Van Valin said.

Jackson, eröffnete ihm im Jahr 2003 , dass er ein Versteck von Propofol hatte in einem Schrank seines Neverland- Ranch Schlafzimmer, sagte Van Valin .
" Er sagte: ' Würdest Du mir schlafen helfen, ich habe vier Tage lang nicht geschlafen ", und ich sagte: ' Mit was ? ' Und er sagt, " Nun, ich habe dieses Zeug ', und ich sagte:" Mike , ich mache keine IV- Sedierung. Man benötigt einen Anästhesisten , das zu tun . " Und er sagte: " Oh , es ist sicher , ich habe es benutzt in all den Jahren zwischen den Shows und wurde eingeschlafen. " Ich sagte: "Ich kann mir nicht vorstellen , dass es guter Schlaf war. " Weißt Du sagte er: "Es funktioniert wirklich gut. "
Er sagte Jackson sagte ihm das während seiner Welttourneen ein Arzt " würde die IV setzen und legte mich in den Schlaf , und er dort acht Stunden bleiben würde und weckte mich , weil ich gehen würde - wenn ich drei Tage zwischen den Shows hatte würde ich drei Tage nicht schlafen und Du weißt, dass ich dann nicht die Show machen kann, die ich haben wollte,Du weißt ich möchte die best mögliche Show machen." Klingt wie ein Arzt , der seinen Job tat , nicht wie dieser andere Kerl, der gerade erst als der Tropf begonnen hat das Zimmer verließ und schläferte ihn im Grunde wie einen Hund ein", sagte Van Valin .
Jackson war " ziemlich selbstgefällig ", als er seinen Antrag auf Hilfe abgelehnt hatte und hat ihn nie wieder nach Propofol gefragt, sagte Van Valin .


Dr. Conrad Murray told CNN's Anderson Cooper in April that Jackson had "his own stash" of propofol in his home before he began treating him with it in 2009.
"I did not agree with Michael, but Michael felt that it was not an issue because he had been exposed to it for years and he knew exactly how things worked," Murray said. "And given the situation at the time, it was my approach to try to get him off of it, but Michael Jackson was not the kind of person you can just say 'Put it down' and he's going to do that."
Jackson lawyers argue that AEG Live was negligent for not checking out Murray's distressed financial situation before agreeing to pay him $150,000 a month. It created a conflict of interest that led Murray to ignore safe practices and his responsibility to Jackson's health, they contend.

[Lena]

Die Ratner-Deposition wurde gestern auch noch abgespielt (der Mann leidet unter starkem Gedächtnisverlust) und die Metzger-Deposition wurde begonnen. Wie immer von unten nach oben lesen.

ABC7 Court News @ABC7Courts 46s
Jury will hear the remainder of the Deposition when they are back in court on Wednesday.
Jury wird den Rest der Deposition am Mittwoch hören, wenn sie zurück im Gericht sind.
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ABC7 Court News @ABC7Courts 1m
Last time he saw MJ was April 18, 2009 where he prescribed a sleep medication. they talked about cafeine usage, no news shows before sleep
Das letzte Mal sah er MJ am 18. April 2009 , wo er eine Schlafmedizin verordnete, sie sprachen sie über cafeine? Nutzung, keine Nachrichtensendungen vor dem Schlaf
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ABC7 Court News @ABC7Courts 3m
He was a social friend of MJ. Went to Neverland 6 to 8 times. Was invited to MJ wedding to Debbie Rowe and went.
Er war ein Freund von MJ. Ging nach Neverland 6 bis 8 mal . War zu MJs Hochzeit mit Debbie Rowe eingeladen und ging hin .
Expand
ABC7 Court News @ABC7Courts 4m
When he did the curbside consultation, that information never got into MJ chart. Happened a few times a year.
Als er die Bordsteinkanten- Konsultation hatte , die Informationen kamen nie in MJs Akte. Geschah ein paar Mal im Jahr.
Expand
ABC7 Court News @ABC7Courts 5m
Traveled with MJ to Australia as a pseudo-physician and companion. Were you compensated? I was not.
Unterwegs mit MJ nach Australien als Pseudo - Arzt und Begleiter . Wurden Sie bezahlt ? Wurde ich nicht.
Expand
ABC7 Court News @ABC7Courts 6m
Primarily Metzger treated MJ for back issues over the years and sleep problems. Saw insomnia first hand when joined MJ on tour.
In erster Linie behandelt Metzger MJ für Rückenschmerzen im Laufe der Jahre und Schlafstörungen. Sah Schlaflosigkeit aus erster Hand , als er bei MJ auf Tour war.
Expand
ABC7 Court News @ABC7Courts 8m
Sidewalk consult is when the patient calls doctor who will call another doctor instead of patient told to call right doctor himself!
Sidewalk beraten ist, wenn der Patient ruft einen Arzt, der einen anderen Arzt ruft anstatt dem Patienten zu sagen den Arzt selbst zu rufen!
ABC7 Court News @ABC7Courts 17m
He also had personal relationship with MJ but Dr. Klein was closer. Called "Arnie" a mother hen with MJ. He said Klein sidewalk consult
Er hatte auch eine persönliche Beziehung mit MJ, aber Dr. Klein war näher . Genannt " Arnie " eine Glucke mit MJ . Er sagte Klein, Sidewalk-Consultant
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ABC7 Court News @ABC7Courts 19m
He thought he was MJ's primary but MJ doctor shopped. He would go to other places in the world and have doctors there and not share info
Er dachte, er sei in erster Linie MJs Arzt, aber MJ machte Doktorshohpping. Er würde zu anderen Orten in der Welt gehen und dort Ärzte haben und die Info nicht teilen
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ABC7 Court News @ABC7Courts 20m
Metzger was Rheumotogist and Internist. Klein concerned MJ might have discoid Lupus but with tests he did not.
Metzger war Rheumotogist und Internist . Klein war besorgt MJ könnte discoide Lupus haben aber mit Tests hatte er es nicht
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ABC7 Court News @ABC7Courts 21m
Last video is Dr. Allan Metzger who was MJ's primary Doctor from about 1984 to April of 2009. MJ was referred to him by Dr. Klein
Letztes Video ist Dr. Allan Metzger, der in erster Linie Arzt von etwa 1984 bis April 2009 war . MJ wurde an ihn von Dr. Klein überwiesen
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ABC7 Court News @ABC7Courts 23m
Travelled with MJ once not on tour. They went to South Africa to give a check for charity raised at a concert to Nelson Mandela
Unterwegs mit MJ einmal nicht auf einer Tour . Sie gingen nach Südafrika, um einen Scheck für einen guten Zweck bei einem Konzert an Nelson Mandela zu geben
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ABC7 Court News @ABC7Courts 24m
Asked if he ever treated MJ for pain that was not surgery related? Didn't recall. Or Drug addiction? Not that he specifically recalls.
Gefragt, ob er jemals MJ wegen Schmerz behandelt hat, was nicht mit Operation zu tun hatte? Kann mich nicht erinnern . Oder Medikamentenabhängigkeit ? Nicht, dass er sich speziell erinnert .
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ABC7 Court News @ABC7Courts 25m
He said he asked for payment to travel with MJ because he had to leave his practice.
Er sagte, er bat um Zahlung um mit MJ zu reisen, weil er seine Praxis verlassen musste.
erweitern
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ABC7 Court News @ABC7Courts 27m
The only time he was concerned for MJ's health was the fall in Germany. Asked if there were any other Doctors there - at ER
Das einzige Mal als er um die Gesundheit von MJ besorgt war, war der Fall in Deutschland. Gefragt,ob noch andere Ärzte da waren - bei ER
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ABC7 Court News @ABC7Courts 28m
Asked if he knew MJ was on tour? Yes. Did he bring Medical equip? Don't recall. Treat MJ? didn't recall.
Gefragt, ob er wusste, dass MJ auf Tour war? Ja . Hat er Medical Equipment mitgebracht? Kann mich nicht erinnern . MJ behandelt ? Kann mich nicht erinnern .
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ABC7 Court News @ABC7Courts 30m
Asked if he went on tour with MJ. No. Where did he go with MJ? Germany, South Africa, and Korea. Were you on the tour? No
Gefragt, ob er auf Tour mit MJ ging . Nein. Wohin ging er mit MJ? Deutschland, Südafrika und Korea. Waren Sie auf der Tour ? Nein.
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ABC7 Court News @ABC7Courts 31m
Said he travelled outside US twice with MJ. Treat him? don't recall. Treat at house? don't recall.
Sagte, er reiste außerhalb der USA zweimal mit MJ . Behandelte ihn ? Kann mich nicht erinnern . Im Haus behandelt? Kann mich nicht erinnern .
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ABC7 Court News @ABC7Courts 32m
Ratner said he treated MJ for surgeries. Asked if he treated for Pain? Don't recall. Sleep? Don't recall. Treat outside US? Don't recall
Ratner sagte, er behandelt MJ für Operationen . Gefragt, ob er für Schmerz behandelte? Kann mich nicht erinnern . Schlafen? Kann mich nicht erinnern . Außerhalb der USA behandelt? Kann mich nicht erinnern
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ABC7 Court News @ABC7Courts 35m
Treated MJ from about 1990 to early 2000. MJ told him to call Dr. Hoeffler Bev Hills Plastic Surgeon. He had good experience and wanted same
Behandelte MJ von etwa 1990 bis Anfang 2000 . MJ sagte ihm, Dr. Hoeffler Bev Hills Plastischer Chirurg anzurufen . Er hatte gute Erfahrung und wollte etwas
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ABC7 Court News @ABC7Courts 37m
Next video deposition played is Dr. Neil Ratner and anesthesiologist from New York. He no longer practices medicine...stopped in 2002
Nächstes Video-Aussage, die gespielt wird ist Dr. Neil Ratner und Anästhesist aus New York. Er praktiziert nicht mehr Medizin ..stoppte im Jahr 2002