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Jacksons vs AEG - Day 68 – August 13 2013 – Summary
Katherine Jackson is present in court
Court started this morning with 40 minutes of arguments on William Ackerman’s testimony. Ackerman is a defense witness testifying about Michael Jackson’s finances. Plaintiffs wanted some of his testimony stricken. Plaintiff’s attorneys Kevin Boyle and Brian Panish argued that testimony about Jackson’s debts is prejudicial and should be stricken. AEG’s lawyers Marvin Putnam and Jessica Stebbins Bina countered it was important to this case and how much MJ could have given to his family. “The case law is clear , you can’t give what you don’t have,” Putnam told the judge. Ackerman’s opinion is that MJ was in a precarious financial condition due to debts, including a large loan on his share of Sony-ATV catalog. Panish kept asking AEG Live’s lawyers to provide a case that allowed them to present evidence about MJ’s debts. Stebbins Bina eventually cited one case. That prompted the judge to ask plaintiffs for a case citation if they could find one later. For the time being, Judge Yvette Palazuelos overruled the plaintiff’s objections and declined to strike Ackerman’s testimony from yesterday. (AP)
Ackerman and Panish have also been in some tense exchanges, so the judge admonished Ackerman to not argue with Panish. Ackerman has also had to be told by judge to answer questions with a “yes” or “no” several times. She told him to listen to her instructions (AP)
William Ackerman Testimony
Jackson cross
Ackerman is back on the stand for cross examination. Brian Panish, attorney for the Jacksons, doing the questioning. (ABC7)
One of the first questions Ackerman was asked was about Michael Jackson’s life expectancy _ the judge blocked the question yesterday. Plaintiff’s lawyer Brian Panish complained that Ackerman had testified about Katherine Jackson’s life expectancy, so the judge relented. Ackerman said based on a table used in wrongful death case, Michael Jackson’s presumed life expectancy was 29 years. (AP) Panish asked what was the life expectancy for a 50 year old male based on the table he used to calculate Katherine Jackson’s life expectancy. Ackerman: According to this table a male of 50 years old would be 29.6 years. (ABC7)
There was a lot of back-and-forth about how much money Ackerman projected Jackson could have given Mrs. Jackson, his kids if he’d lived. His big-ticket number from yesterday was more than $21 million over the next 15 years, but Ackerman said it could have been less. Asked by Panish whether he could say how much Jackson would have given, Ackerman said that was for the jury to decide. (AP) “I can’t speculate what he’d give for support” Ackerman said. “I do know he was in very precarious financial situation at the time he died.” “He could’ve been bankrupt within 6 months as far as I know,” Ackerman opined. Panish asked if after bankruptcy MJ wouldn’t have debt left. Ackerman: He would not be able to provide support for his mother and children then. (ABC7)
Ackerman said MJ received $6.2 million in advance from AEG. Panish said MJ received $23 million in 6 months in 2009. Panish: You can’t tell us what support he would be able to provide, right, sir? Ackerman: I think that’s for the jury to decide. (ABC7)
Panish: Did you know MJ gave Mrs. Jackson a $500,000 RV? Ackerman: Yes, it was in my analysis. (ABC7)
Ackerman said there was no record of MJ’s amount of donations over the years. Ackerman testifies he saw on documents that MJ was going to donate the proceeds of “Dangerous” tour to charity. Panish: Did you see he donated over $60 million to charity? Objection, sustained. (ABC7) Panish asked at one point whether Ackerman knew of anyone who donated more to charity than Jackson. Bill Gates, the consultant replied. The lawyer then asked Ackerman whether he was familiar with Jackson being in the Guinness Book of World Records for his charitable giving. Ackerman wasn’t familiar with that distinction. Panish moved on to other topics. (AP) Panish: Do you agree MJ was a very generous person? Ackerman: I absolutely agree with that. (ABC7)
Panish asked if he thought MJ would give the kids everything he thought important. Ackerman responded MJ wanted his children to be humble. (ABC7)
Panish asked about the billings by Ackerman’s firm. He said it was reasonable to expect the firm had billed $900k or more at this point. (AP) The bill for Ackerman’s firm is about $900,000 currently. Panish wrote on a board what other damages expert for AEG charged. Bill from damages experts for AEG: Briggs — $700,000 Ackerman — $900,000 Total: $1.6 million (ABC7)
Ackerman doesn’t recall being qualified as expert witness for plaintiffs in a wrongful death case. Panish asked what percentage of his work is in wrongful death cases. “Very small percentage,” Ackerman responded. (ABC7) The lawyer asked about Ackerman’s experience in wrongful death cases. He’d only worked on “a handful” he said, but never testified in one. (AP)
Ackerman said he reviewed a lot of trial testimony, but even more depositions in this case (ABC7)
Panish asked Ackerman for amount he used for the chart before he applied the 18% discount rate to bring the final number to present value. Ackerman looked at docs in his binders, said he doesn’t have original numbers w/ him. He said the calculations need to be done in software. Panish showed Ackerman Formuzis analysis and the calculation for personal consumption and professional fees. Formuzis used 7% discount rate. Panish asked if Ackerman used the same rate. “It’s an improper rate why would I do that?” Ackerman responded. (ABC7)
MJ had a $320 million debt against the Sony/ATV catalogue. Ackerman said the highest interest rate was 16.85%. Panish asked Ackerman if he read IRS valued of Sony/ATV catalogue at $700 million. “It would not change my conclusion, no sir,” Ackerman explained. Panish said Briggs testified independent appraisal valued at Sony/ATV catalogue at $700 million: $300MM on top of $400MM MJ had in debt. “I’m having a really hard time using that number,” Ackerman said. (ABC7) Panish questioned Ackerman on the value of Jackson’s share of the Sony-ATV music catalog and an IRS appraisal of its worth at $700 million. Ackerman said he thought there was “strong testimony that conflicts with” the $700 million figure and he had a hard time believing it. At around this point, Ackerman mentioned an estate accounting, which was prohibited by the judge. She struck his answer. (AP)
Panish: AEG knew MJ’s financial condition when they entered into an agreement with him, didn’t they, sir? Ackerman: I don’t know that.Panish asked if Ackerman read Randy Phillips’ deposition where he said they were aware of MJ’s finances. (ABC7)Panish also asked whether AEG Live knew about Jackson’s financial condition. Ackerman said he didn’t know and the lawyer pointed to testimony by Randy Phillips that said the company was aware of MJ’s debt and knew he needed to work to avert “financial disaster.” Panish showed Ackerman numerous passages from depositions. Ackerman read them very deliberately. Ackerman: “I’m not here for a memory test.” He said that after Panish questioned his recollection of testimony he had read earlier. (AP)
Ackerman said MIJAC catalogue was same amount of the debts on it. He said the value is about $ 75 million. “There was no equity in that asset in June 2009,” Ackerman said he read in the documents. Ackerman said he did not put a value on the assets MJ had. “Liability exceeded any amount of value of the assets,” Ackerman testified. Sony/ATV catalogue — there’s a value MIJAC catalogue — there’s some value Neverland — there’s some value (ABC7)
Panish asked if Ackerman read Tom Barrack’s testimony that he met with MJ several times to straighten his financial situation. Ackerman said there was some mention to it but doesn’t remember the details of the meeting. Panish showed Ackerman several bills from his firm where they researched Colony Capital and MJ’s deal. Ackerman: Colony Capital came in when Neverland was about to be foreclosed and lent MJ $23 million with a very interest high rate, by the way. Panish: But didn’t you testify yesterday the loan had no interest? Ackerman explained it was high interest loan but he didn’t have to pay it (ABC7)
Panish: Her never liquidated his assets, did he sir? Ackerman: He never did. Panish said MJ didn’t want to liquidate his assets, instead he wanted to go back touring. (ABC7)
Ackerman said Michael Jackson signed the contract with AEG to go back on tour. (ABC7) Panish asked about Jackson’s contract with AEG Live, and the consultant said he didn’t remember who signed it. After a few moments, Ackerman said he believed Michael Jackson signed the agreement. He said he focused “on numbers, not process.” (AP)
Panish asked where Ackerman researched Colony Capital and MJ’s deals. “There’s a really interesting tool called internet, there are a lot of things you can find there,” Ackerman responded. Panish asked if MJ decided to go on tour after meeting with Tom Barrack. Ackerman said it appeared that way. (ABC7)
Panish: Did you do any discount rate of 7, 10 or 15%? Ackerman: No, I did not. I used 18%. (ABC7)
Panish: Have you prepared calculation of personal consumption for MJ per year? Ackerman: I actually calculated something this morning. Ackerman said the bars on the graph he showed yesterday include personal consumption. Panish asked if he came up with numbers after speaking with his attorneys yesterday. “Today is typically after yesterday,” Ackerman responded. Judge struck the answer. (ABC7)
Panish: Do you know if AEG submitted a $300,000 in expense that had been accrued for the the services of Dr. Murray? Ackerman: I have a vague recollection of seeing this number. Panish showed documents to Ackerman to refresh his recollection. (ABC7)
Panish asked a few questions about the “This Is It” expenses that Tohme Tohme signed for before the lunch break. (AP)
Panish asked if Ackerman knows that Erk did not include the interest rate in his calculations of consumption. He said yes. Ackerman said had Erk included interest, the red bar would go much higher, since most of the expenses are interest. (ABC7)
Panish: Did Mr. Briggs give a number for loss of future earnings for MJ? Ackerman said he recalls Briggs saying projections were speculative. Panish: Did Mr. Briggs give an opinion the amount MJ would lose in future earnings? Ackerman: I don’t recall. Panish asked if Briggs said the amount for future earning for MJ would be zero. Ackerman said he doesn’t remember Briggs putting a number. “My fundamental understanding his (Briggs) testimony is that Mr. Erk’s calculations were speculative,” Ackerman said. (ABC7)
“The reality is that Mr. Jackson could lose money,” Ackerman said, pointing that MJ had debts that could offset anything he earned. Panish: Did Mr. Briggs put no figure for loss of income for MJ’s life? Ackerman: That’s correct. Panish: And in your opinion is that the children lost $21.5 millions in future support? Ackerman said that was correct, if you were to believe MJ would continue to give the same support as previous years. “It could be zero support too,” Ackerman opined. “He was in pretty bad financial situation.” Panish asked if support could’ve been zero. “I guess in that situation yes, it could have been zero,” Ackerman responded. Panish: For $1.6 million, it’s your and Briggs’ opinion, that MJ’s loss of future earning could be zero? Ackerman: That’s a possibility. (ABC7)
After the break, Panish didn’t immediately ask about the tour expenses budget again. Instead, he asked about Ackerman’s projections. Panish asked Ackerman whether his opinion was, based on Jackson’s poor financial state, the singer might not have been able to give his mother and three children any support if he had lived. Ackerman said it was a possibility. Panish made the remark that between Ackerman and Eric Briggs’ $1.6 million in fees, they had opinions that Jackson could have left nothing to his mother, children if he had lived. With Ackerman’s acknowledgement that was a possibility, Panish sat down (AP)
AEG redirect
AEG Live defense attorney Sabrina Strong took over, and asked Ackerman about Jackson’s annual spending. He said it averaged about $35 million a year, but fluctuated from $23 on the low end to almost $45 million on the high end. Strong asked whether in 2009, I appeared Jackson had the resources to keep spending like that. The consultant said no. “He dug himself a very deep hole,” Ackerman said of Jackson’s debts by the time he died. Strong asked Ackerman about a couple deposition pages, at which point the consultant read the testimony into the record. Ackerman was supposed to read the passages to himself, not aloud to the jury. That’s not the way it’s supposed to be done, so the judge ended up taking the deposition away from him. “After you read it, you give it to me,” Judge Palazuelos said. “I guess we’re going to have to do it the old-fashioned way. (AP)
Sabrina Strong did re-direct. She asked the witness if there a difference between consumption and spending. He said no. “I believe I shared multiple data points of how much Mr. Jackson spent on the last 8 years of his life,” Ackerman said. Strong showed exhibit with chart Ackerman made regarding MJ’s expenses. Ackerman said the bars show what MJ actually spent. Strong: Does that include business and personal spending? Ackerman said yes, that the bars included interest, business, personal, all that came out of MJ’s checkbook, since he was responsible for all. “He dug himself a very deep hole,” Ackerman explained. “He was tapped out.” Ackerman said there was very strong language in Michael Kane’s deposition that Michael Jackson was tapped out. “Mr. Barrack was in the frame of mind that MJ didn’t have enough income to support his spending and lifestyle,” Ackerman testified. Strong: Were there other outstanding debt for Mr. Jackson at the time Tohme was holding the $5 million for MJ? Ackerman: Huge. Ackerman listed MJ’s debts: Sony/ATV Neverland Condo Hayvenhurst MIJAC. Ackerman said on top of that there were creditors debts in the amount of $100 million. “There were just no shortage of people he had to pay,” Ackerman explained. “As the debt continue to grow, the interest continued to grow,” Ackerman explained. Ackerman: There is a significant issue of doubt whether he (MJ) would be able to continue to provide support. “He couldn’t get an increase in his $50,000 credit card limit,” Ackerman said. “That’s how bad it was.” (ABC7)
Ackerman said the MJ’s income were from Sony/ATV and MIJAC catalogues. “You lose the asset, you lose the income,” Ackerman opined. (ABC7) Strong asked about Jackson’s loan on the Sony-ATV catalog. Ackerman said the creditors were extremely well protected. Sony had guaranteed to repay the loan if Jackson defaulted, Ackerman said. “It was one of the most secure pieces of debt I’ve ever seen.” (AP) Strong asked about IRS’ valuation of Sony catalogue. Ackerman said Briggs’ opinion was that that asset was not that valuable. Ackerman said Briggs did valuation of Sony/ATV catalogue for tax return purposed on behalf of MJ’s Estate. Ackerman said the Sony/ATV catalogue debt interest was 7%. This was the majority of the debt MJ had. Ackerman explained the Sony/ATV loan was very unique in many ways. He said it was collateralized by the catalogue itself. He also said there was a bankruptcy remote trust attached to the catalogue, if asset were to be sold the proceeds would first to repay debt. On top of that, Ackerman said Sony guaranteed they would pay $300 million in case everything else failed. “It was the most secured loan I’ve ever seen,” Ackerman said. “It caused the interest rate to go way down.” (ABC7)
Strong asked about the bill Panish said AEG submitted to MJ’s Estate that included $300,000 for the cost of Dr. Murray’s services. Ackerman read the footnote: the contract is not signed by MJ and such a signature was a condition precedent to any payment obligation. (ABC7)
Strong then asked whether a $35k a month mortgage _ like the one on Hayvenhurst _ was necessary to live. No, Ackerman said. Strong’s questions were meant to rebut questions by Panish about whether MJ had provided his mother the necessities of life, such as housing. The judge stopped Strong from asking her line of questions on this topic, and her questioning concluded soon after that. (AP) Regarding necessities to live, Strong asked Ackerman if a mortgage of $35,000 a month is necessary to live. He answered no. Strong: Do you believe $111,000 a year in repairs and maintenance necessary to live? Objection, lack of foundation. Judge sustained. (ABC7)
Ackerman said Prince drives a Ford truck. He calculated his car to be a BMW. The expert explained his oversight only benefited the plaintiffs, since he calculated more money for support. Ackerman said MJ would have to have enough income to service all the debts, personnel, creditors and to support to plaintiffs. “I think he’d have significant difficulty in continue to provide the support,” Ackerman opined. (ABC7)
Jackson recross
Panish, in re-direct, asked if Barrack testified that, with Colony Capital help, MJ could overcome his debts and he could become a success? Ackerman: I don’t recall that. After reviewing Barrack’s deposition, Ackerman said yes. “I think they all thought and hoped the tour would be successful,” Ackerman testified. (ABC7)
Panish took over, and showed Ackerman the budget attached to the document that MJ’s manager Tohme signed in 2009. One version that the jury’s seen and Ackerman testified about had a footnote on it that $300k set aside for Murray wouldn't be paid because the contract was contingent on Jackson signing it. But the version presented to Tohme on June 28 lacked that footnote. (AP)
Panish: Did you read anything about MJ’s relationship with his mother and children? Ackerman: My recollection it was very loving. Panish: Did you read anywhere that MJ denied his mother or children anything? Ackerman: I don’t recall that. (ABC7)
Panish asked if Ackerman is here to help the plaintiffs. He said he’s here to try to be fair. Ackerman said he came up with a very generous support numbers should the jury decide to award anything. Ackerman said at the end of MJ’s life, he had close to $30 million a year in interest, his total overall expenses was $30-45 million range. Panish: Did you do a calculation for the loss of their father, loss of care, comfort, society, affection? Ackerman: I don’t think I’m qualified to calculate that. (ABC7)
Ackerman was excused. Judge broke for afternoon break.
(( Outside the presence of the jury, there was a discussion with the attorneys whether plaintiffs have formally rested their case. Panish to tell the judge in the morning. She wants to tell the jury and put it in the record. Defendants have filed a motion for non-suit already. Judge said she won’t rule on it right away. (ABC7))
Dr Gordon Hiroshi Sasaki video deposition
Dr. Sasaki graduated from Pomona College in 1964, degree in Bachelor of Arts. He went to Yale University for his medical school, graduated in 1968. Dr. Sasaki served in Vietnam and wore several hats as doctor, including anesthesia and plastic surgery on days off. He laughed at that last comment. (ABC7) The doctor talked about his experience, going to medical school at Yale, then going to Vietnam to serve as a doctor. (AP)
Sasaki performed a few medical procedures on Jackson in the 1990s, including surgery on his scalp to try to repair damage from burns. Jackson’s scalp had been burned in 1984 while filming a Pepsi commercial. Sasaki’s testimony was taped on Feb. 7, 2013. Sasaki performed two scalp surgeries after being introduced to Jackson by Dr. Steven Hoefflin. He also worked with Dr. Klein. (AP) Q: Did you ever provide medical treatment to MJ? A: Yes, I did. Dr. Sasaki said he did two surgeries on MJ’s scalp and 3 on the upper lip for contouring. March 16, 1993 was the first surgery Dr. Sasaki performed on MJ. It was to reduce scar on the scalp, the bald spot. Second surgery was on October 31, 1997 for scar revision to reduce the width of the reduced scar on the scalp. (ABC7)
Dr. Sasaki: The medical care, which included post operation and pain management, were taken out of my hands willingly. Dr. Sasaki said the care was placed into two other doctors that Mr. Jackson thought would be the best. Dr. Sasaki said the other two doctors were Steven Hoefflin and Arnold Klein. At some point Dr. Metzger as well, he said. Dr. Sasaki on how he met MJ: I received a phone call from Dr. Steven Hoefflin, a plastic surgeon. Dr. Sasaki said he was asked to assist him in providing different alternatives to take care of the bald spot on his scalp. The consultation with MJ and Dr. Hoefflin was set up, Dr. Sasazi said. Dr. Hoefflin is a well known plastic surgeon in Los Angeles. The surgery in 1993 lasted about half an hour. Dr. Sasazi explained he put a metal on a side of the defect and a metal on the other side. He then put stitches going from one side of the metal to the other, crank it to put the sides together. Dr. Sasaki said the method results in about 30% more skin from stretching. He then put ballon in the scalp to stretch further to cover scar. Dr. Hoefflin was his first assistant in the surgery. Dr. Sasaki said he knew generically that in 1988 MJ had a burn in his scalp. He said he understands the burn happened during a Pepsi commercial and it had healed, but MJ wanted to reduce the scar. The scar was in the middle part of the scalp, Dr. Sasaki said. (ABC7)
Sasaki was invited twice to Neverland Ranch after the procedures, once with his family when Jackson wasn’t there. The second Neverland trip was a house call to check on his wound after a medical procedure. (AP) Dr. Sasaki: He was kind enough to invite myself and my family to Neverland. Dr. Sasaki: We went up there, he was not there, but he was not supposed to be there. The staff served us lunch and showed us around. Dr. Sasaki said he visited Neverland Ranch twice, once with his family and once at MJ”s request. Dr. Sasaki: I think he just wanted to have me look at his wound, which was healing quite well. “More than talking about him, we talked about the Bible,” Dr. Sasaki said. He said he was there for medical purposes, though, The visits may have been 5 years apart. (ABC7)
Sasaki recalled that he was told that Jackson had a low pain tolerance, and that Hoefflin would take care of managing it. The doctor said that was unusual, since he usually saw patients throughout their recovery process. He said sometimes docs want to keep control of their celebrity patients, but noted he was just speculating that’s what was happening with MJ (AP) Dr. Sasaki prepared a summary of all the treatment of MJ on Feb 7, 2013. He wrote Dr. Hoefflin told him MJ had a low threshold to pain. Dr. Hoefflin strongly suggested he managed the pain medications since he knew the patient better. Dr. Sasaki said that with celebrities, when he doesn’t get to see patients frequently, he prefers not to treat them. Q: Did you provide any post operation pain care? A: None Q: Was that unusual? A: It’s highly unusual. Dr. Sasaki said if he doesn’t see the patient regularly he prefers not to give pain medication. He said he never talked to MJ about the pain treatment. Dr. Sasaki: I think when you’re dealing with high profile clients, some doctors prefer to keep it under control. Dr. Sasaki said he did the surgery but didn’t see the patient until 2-3 months later, which is highly unusual. Q: Did you prescribe any medication to MJ? A: No. Dr. Sasaki said normally a patient who undergoes that kind of surgery has pain lasting for 6 weeks. (ABC7)
In July 1993, Sasaki said he spoke to Klein, who suggested that he prescribe Jackson Percocet to deal with his pain. Sasaki’s notes indicated that he suggested Jackson see a pain management specialist. The doctor said he grew uncomfortable prescribing Percocet after Jackson requested the medicine 3 times between July-Aug. 1993. Each time Sasaki said he gave the singer 45 pills but he was concerned about the frequency of the requests. Sasaki said Klein told him that he would take care of Jackson’s pain needs. On Aug. 15, 1993, the doctor saw Jackson again. This time, Sasaki said he gave Jackson Demerol because the singer complained of serious pain. The doctor said it was the only time he ever gave anyone Demerol because the drug can start to alter a patient’s lifestyle. Sasaki said at the time, Dr. Klein told him that he was concerned about Jackson’s performance on a world tour. The last time Sasaki treated Jackson was in in 1998 and he never saw the singer again after that. (AP)
Dr. Sasaki testified from his record that on June 30, 1993 he had the first post op follow up at the Dr. Klein’s office. He said MJ was experiencing pain due to his work and rehearsals. He had to wear a hairpiece to camouflage the scar. Dr. Sasaki said he told Debbie Rowe that the area should be exposed to air as much as possible to heal. On July 3, 1993, Dr. Sasaki prescribed Percocet for MJ. It was the first time he prescribed pain medication to MJ. Dr. Sasaki said he spoke with Dr. Klein and that Klein suggested Percocet. On July 20, 1993, there was another request for Percocet, due to strenuous rehearsals, prescribed with the knowledge of Dr. Klein. On Aug 10, 1993, Dr Sasaki received a phone call from Dr. Klein that MJ was experiencing extreme pain. Doctor said pain was normal 4-6 weeks after surgery due to the nerves growing back Dr. Sasaki suggested to Dr. Klein that MJ be seen by a pain management specialist. “I was concerned about pain patterns and his use of Percocet,” Dr. Sasaki testified. Q: Was he taking too much? A: Yes Q: Where you the only person prescribing Percocet to MJ? A: I don’t know. Dr. Sasaki said he prescribed 45 tablets of Percocet each time. Dr. Sasaki told Dr. Klein and MJ he would no longer prescribe Percocet to MJ since he was asking for too much. Percocet prescription, 45 tablets each time, were prescribed on: July 3, July 20 and Aug 10, 1993. Q: Was that very frequent? A: Frequent. On Aug 15, 1993, Dr. Sasaki said he saw patient, with Debbie Rowe. He was complaining to pain in scar area, area had healed completely. Dr. Sasaki said he injected site with pain reliever, gave Demerol 100 mg, suggested MJ to see pain specialist. Aug 15, 1993 Dr. Sasaki prescribed Demerol to MJ under Omar Arnold. This was the first and last time Dr. Sasaki gave Demerol to MJ, he said. Dr. Sasaki explained Demerol is for acute pain, not chronic pain, following major surgery. Q: About how often do you prescribe Demerol? A: None. “Because I don’t do that kind of surgery that requires that kind of pain medication,” Dr Sasaki testified. Dr. Sasaki said MJ was the only patient he injected with Demerol. (ABC7)
He testified he is not familiar with MJ’s announcement in 1993 about being dependent on prescription medication. “I’m totally ignorant regarding that,” Dr. Sasaki said. (ABC7)
May 1998 was last time Dr. Sasaki saw and spoke with MJ. He knew doctors Hoefflin, Klein and Metzger treated MJ back then. That ended the video deposition. (ABC7)
Zusammenfassung von Ivy, MJJC #71
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
Day 64 - forts. zeugin Kathy Jorrie
Day 65 - zeuge Kenny Ortega
Day 66 - zeugin Kathy Jorrie; Randy Jackson Video Depo.
Day 67 - zeuge William Ackerman
Day 68 - forts. W. Ackerman
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
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Jacksons vs AEG - Day 68 – August 13 2013 – Summary
Katherine Jackson is present in court
Court started this morning with 40 minutes of arguments on William Ackerman’s testimony. Ackerman is a defense witness testifying about Michael Jackson’s finances. Plaintiffs wanted some of his testimony stricken. Plaintiff’s attorneys Kevin Boyle and Brian Panish argued that testimony about Jackson’s debts is prejudicial and should be stricken. AEG’s lawyers Marvin Putnam and Jessica Stebbins Bina countered it was important to this case and how much MJ could have given to his family. “The case law is clear , you can’t give what you don’t have,” Putnam told the judge. Ackerman’s opinion is that MJ was in a precarious financial condition due to debts, including a large loan on his share of Sony-ATV catalog. Panish kept asking AEG Live’s lawyers to provide a case that allowed them to present evidence about MJ’s debts. Stebbins Bina eventually cited one case. That prompted the judge to ask plaintiffs for a case citation if they could find one later. For the time being, Judge Yvette Palazuelos overruled the plaintiff’s objections and declined to strike Ackerman’s testimony from yesterday. (AP)
Ackerman and Panish have also been in some tense exchanges, so the judge admonished Ackerman to not argue with Panish. Ackerman has also had to be told by judge to answer questions with a “yes” or “no” several times. She told him to listen to her instructions (AP)
William Ackerman Testimony
Jackson cross
Ackerman is back on the stand for cross examination. Brian Panish, attorney for the Jacksons, doing the questioning. (ABC7)
One of the first questions Ackerman was asked was about Michael Jackson’s life expectancy _ the judge blocked the question yesterday. Plaintiff’s lawyer Brian Panish complained that Ackerman had testified about Katherine Jackson’s life expectancy, so the judge relented. Ackerman said based on a table used in wrongful death case, Michael Jackson’s presumed life expectancy was 29 years. (AP) Panish asked what was the life expectancy for a 50 year old male based on the table he used to calculate Katherine Jackson’s life expectancy. Ackerman: According to this table a male of 50 years old would be 29.6 years. (ABC7)
There was a lot of back-and-forth about how much money Ackerman projected Jackson could have given Mrs. Jackson, his kids if he’d lived. His big-ticket number from yesterday was more than $21 million over the next 15 years, but Ackerman said it could have been less. Asked by Panish whether he could say how much Jackson would have given, Ackerman said that was for the jury to decide. (AP) “I can’t speculate what he’d give for support” Ackerman said. “I do know he was in very precarious financial situation at the time he died.” “He could’ve been bankrupt within 6 months as far as I know,” Ackerman opined. Panish asked if after bankruptcy MJ wouldn’t have debt left. Ackerman: He would not be able to provide support for his mother and children then. (ABC7)
Ackerman said MJ received $6.2 million in advance from AEG. Panish said MJ received $23 million in 6 months in 2009. Panish: You can’t tell us what support he would be able to provide, right, sir? Ackerman: I think that’s for the jury to decide. (ABC7)
Panish: Did you know MJ gave Mrs. Jackson a $500,000 RV? Ackerman: Yes, it was in my analysis. (ABC7)
Ackerman said there was no record of MJ’s amount of donations over the years. Ackerman testifies he saw on documents that MJ was going to donate the proceeds of “Dangerous” tour to charity. Panish: Did you see he donated over $60 million to charity? Objection, sustained. (ABC7) Panish asked at one point whether Ackerman knew of anyone who donated more to charity than Jackson. Bill Gates, the consultant replied. The lawyer then asked Ackerman whether he was familiar with Jackson being in the Guinness Book of World Records for his charitable giving. Ackerman wasn’t familiar with that distinction. Panish moved on to other topics. (AP) Panish: Do you agree MJ was a very generous person? Ackerman: I absolutely agree with that. (ABC7)
Panish asked if he thought MJ would give the kids everything he thought important. Ackerman responded MJ wanted his children to be humble. (ABC7)
Panish asked about the billings by Ackerman’s firm. He said it was reasonable to expect the firm had billed $900k or more at this point. (AP) The bill for Ackerman’s firm is about $900,000 currently. Panish wrote on a board what other damages expert for AEG charged. Bill from damages experts for AEG: Briggs — $700,000 Ackerman — $900,000 Total: $1.6 million (ABC7)
Ackerman doesn’t recall being qualified as expert witness for plaintiffs in a wrongful death case. Panish asked what percentage of his work is in wrongful death cases. “Very small percentage,” Ackerman responded. (ABC7) The lawyer asked about Ackerman’s experience in wrongful death cases. He’d only worked on “a handful” he said, but never testified in one. (AP)
Ackerman said he reviewed a lot of trial testimony, but even more depositions in this case (ABC7)
Panish asked Ackerman for amount he used for the chart before he applied the 18% discount rate to bring the final number to present value. Ackerman looked at docs in his binders, said he doesn’t have original numbers w/ him. He said the calculations need to be done in software. Panish showed Ackerman Formuzis analysis and the calculation for personal consumption and professional fees. Formuzis used 7% discount rate. Panish asked if Ackerman used the same rate. “It’s an improper rate why would I do that?” Ackerman responded. (ABC7)
MJ had a $320 million debt against the Sony/ATV catalogue. Ackerman said the highest interest rate was 16.85%. Panish asked Ackerman if he read IRS valued of Sony/ATV catalogue at $700 million. “It would not change my conclusion, no sir,” Ackerman explained. Panish said Briggs testified independent appraisal valued at Sony/ATV catalogue at $700 million: $300MM on top of $400MM MJ had in debt. “I’m having a really hard time using that number,” Ackerman said. (ABC7) Panish questioned Ackerman on the value of Jackson’s share of the Sony-ATV music catalog and an IRS appraisal of its worth at $700 million. Ackerman said he thought there was “strong testimony that conflicts with” the $700 million figure and he had a hard time believing it. At around this point, Ackerman mentioned an estate accounting, which was prohibited by the judge. She struck his answer. (AP)
Panish: AEG knew MJ’s financial condition when they entered into an agreement with him, didn’t they, sir? Ackerman: I don’t know that.Panish asked if Ackerman read Randy Phillips’ deposition where he said they were aware of MJ’s finances. (ABC7)Panish also asked whether AEG Live knew about Jackson’s financial condition. Ackerman said he didn’t know and the lawyer pointed to testimony by Randy Phillips that said the company was aware of MJ’s debt and knew he needed to work to avert “financial disaster.” Panish showed Ackerman numerous passages from depositions. Ackerman read them very deliberately. Ackerman: “I’m not here for a memory test.” He said that after Panish questioned his recollection of testimony he had read earlier. (AP)
Ackerman said MIJAC catalogue was same amount of the debts on it. He said the value is about $ 75 million. “There was no equity in that asset in June 2009,” Ackerman said he read in the documents. Ackerman said he did not put a value on the assets MJ had. “Liability exceeded any amount of value of the assets,” Ackerman testified. Sony/ATV catalogue — there’s a value MIJAC catalogue — there’s some value Neverland — there’s some value (ABC7)
Panish asked if Ackerman read Tom Barrack’s testimony that he met with MJ several times to straighten his financial situation. Ackerman said there was some mention to it but doesn’t remember the details of the meeting. Panish showed Ackerman several bills from his firm where they researched Colony Capital and MJ’s deal. Ackerman: Colony Capital came in when Neverland was about to be foreclosed and lent MJ $23 million with a very interest high rate, by the way. Panish: But didn’t you testify yesterday the loan had no interest? Ackerman explained it was high interest loan but he didn’t have to pay it (ABC7)
Panish: Her never liquidated his assets, did he sir? Ackerman: He never did. Panish said MJ didn’t want to liquidate his assets, instead he wanted to go back touring. (ABC7)
Ackerman said Michael Jackson signed the contract with AEG to go back on tour. (ABC7) Panish asked about Jackson’s contract with AEG Live, and the consultant said he didn’t remember who signed it. After a few moments, Ackerman said he believed Michael Jackson signed the agreement. He said he focused “on numbers, not process.” (AP)
Panish asked where Ackerman researched Colony Capital and MJ’s deals. “There’s a really interesting tool called internet, there are a lot of things you can find there,” Ackerman responded. Panish asked if MJ decided to go on tour after meeting with Tom Barrack. Ackerman said it appeared that way. (ABC7)
Panish: Did you do any discount rate of 7, 10 or 15%? Ackerman: No, I did not. I used 18%. (ABC7)
Panish: Have you prepared calculation of personal consumption for MJ per year? Ackerman: I actually calculated something this morning. Ackerman said the bars on the graph he showed yesterday include personal consumption. Panish asked if he came up with numbers after speaking with his attorneys yesterday. “Today is typically after yesterday,” Ackerman responded. Judge struck the answer. (ABC7)
Panish: Do you know if AEG submitted a $300,000 in expense that had been accrued for the the services of Dr. Murray? Ackerman: I have a vague recollection of seeing this number. Panish showed documents to Ackerman to refresh his recollection. (ABC7)
Panish asked a few questions about the “This Is It” expenses that Tohme Tohme signed for before the lunch break. (AP)
Panish asked if Ackerman knows that Erk did not include the interest rate in his calculations of consumption. He said yes. Ackerman said had Erk included interest, the red bar would go much higher, since most of the expenses are interest. (ABC7)
Panish: Did Mr. Briggs give a number for loss of future earnings for MJ? Ackerman said he recalls Briggs saying projections were speculative. Panish: Did Mr. Briggs give an opinion the amount MJ would lose in future earnings? Ackerman: I don’t recall. Panish asked if Briggs said the amount for future earning for MJ would be zero. Ackerman said he doesn’t remember Briggs putting a number. “My fundamental understanding his (Briggs) testimony is that Mr. Erk’s calculations were speculative,” Ackerman said. (ABC7)
“The reality is that Mr. Jackson could lose money,” Ackerman said, pointing that MJ had debts that could offset anything he earned. Panish: Did Mr. Briggs put no figure for loss of income for MJ’s life? Ackerman: That’s correct. Panish: And in your opinion is that the children lost $21.5 millions in future support? Ackerman said that was correct, if you were to believe MJ would continue to give the same support as previous years. “It could be zero support too,” Ackerman opined. “He was in pretty bad financial situation.” Panish asked if support could’ve been zero. “I guess in that situation yes, it could have been zero,” Ackerman responded. Panish: For $1.6 million, it’s your and Briggs’ opinion, that MJ’s loss of future earning could be zero? Ackerman: That’s a possibility. (ABC7)
After the break, Panish didn’t immediately ask about the tour expenses budget again. Instead, he asked about Ackerman’s projections. Panish asked Ackerman whether his opinion was, based on Jackson’s poor financial state, the singer might not have been able to give his mother and three children any support if he had lived. Ackerman said it was a possibility. Panish made the remark that between Ackerman and Eric Briggs’ $1.6 million in fees, they had opinions that Jackson could have left nothing to his mother, children if he had lived. With Ackerman’s acknowledgement that was a possibility, Panish sat down (AP)
AEG redirect
AEG Live defense attorney Sabrina Strong took over, and asked Ackerman about Jackson’s annual spending. He said it averaged about $35 million a year, but fluctuated from $23 on the low end to almost $45 million on the high end. Strong asked whether in 2009, I appeared Jackson had the resources to keep spending like that. The consultant said no. “He dug himself a very deep hole,” Ackerman said of Jackson’s debts by the time he died. Strong asked Ackerman about a couple deposition pages, at which point the consultant read the testimony into the record. Ackerman was supposed to read the passages to himself, not aloud to the jury. That’s not the way it’s supposed to be done, so the judge ended up taking the deposition away from him. “After you read it, you give it to me,” Judge Palazuelos said. “I guess we’re going to have to do it the old-fashioned way. (AP)
Sabrina Strong did re-direct. She asked the witness if there a difference between consumption and spending. He said no. “I believe I shared multiple data points of how much Mr. Jackson spent on the last 8 years of his life,” Ackerman said. Strong showed exhibit with chart Ackerman made regarding MJ’s expenses. Ackerman said the bars show what MJ actually spent. Strong: Does that include business and personal spending? Ackerman said yes, that the bars included interest, business, personal, all that came out of MJ’s checkbook, since he was responsible for all. “He dug himself a very deep hole,” Ackerman explained. “He was tapped out.” Ackerman said there was very strong language in Michael Kane’s deposition that Michael Jackson was tapped out. “Mr. Barrack was in the frame of mind that MJ didn’t have enough income to support his spending and lifestyle,” Ackerman testified. Strong: Were there other outstanding debt for Mr. Jackson at the time Tohme was holding the $5 million for MJ? Ackerman: Huge. Ackerman listed MJ’s debts: Sony/ATV Neverland Condo Hayvenhurst MIJAC. Ackerman said on top of that there were creditors debts in the amount of $100 million. “There were just no shortage of people he had to pay,” Ackerman explained. “As the debt continue to grow, the interest continued to grow,” Ackerman explained. Ackerman: There is a significant issue of doubt whether he (MJ) would be able to continue to provide support. “He couldn’t get an increase in his $50,000 credit card limit,” Ackerman said. “That’s how bad it was.” (ABC7)
Ackerman said the MJ’s income were from Sony/ATV and MIJAC catalogues. “You lose the asset, you lose the income,” Ackerman opined. (ABC7) Strong asked about Jackson’s loan on the Sony-ATV catalog. Ackerman said the creditors were extremely well protected. Sony had guaranteed to repay the loan if Jackson defaulted, Ackerman said. “It was one of the most secure pieces of debt I’ve ever seen.” (AP) Strong asked about IRS’ valuation of Sony catalogue. Ackerman said Briggs’ opinion was that that asset was not that valuable. Ackerman said Briggs did valuation of Sony/ATV catalogue for tax return purposed on behalf of MJ’s Estate. Ackerman said the Sony/ATV catalogue debt interest was 7%. This was the majority of the debt MJ had. Ackerman explained the Sony/ATV loan was very unique in many ways. He said it was collateralized by the catalogue itself. He also said there was a bankruptcy remote trust attached to the catalogue, if asset were to be sold the proceeds would first to repay debt. On top of that, Ackerman said Sony guaranteed they would pay $300 million in case everything else failed. “It was the most secured loan I’ve ever seen,” Ackerman said. “It caused the interest rate to go way down.” (ABC7)
Strong asked about the bill Panish said AEG submitted to MJ’s Estate that included $300,000 for the cost of Dr. Murray’s services. Ackerman read the footnote: the contract is not signed by MJ and such a signature was a condition precedent to any payment obligation. (ABC7)
Strong then asked whether a $35k a month mortgage _ like the one on Hayvenhurst _ was necessary to live. No, Ackerman said. Strong’s questions were meant to rebut questions by Panish about whether MJ had provided his mother the necessities of life, such as housing. The judge stopped Strong from asking her line of questions on this topic, and her questioning concluded soon after that. (AP) Regarding necessities to live, Strong asked Ackerman if a mortgage of $35,000 a month is necessary to live. He answered no. Strong: Do you believe $111,000 a year in repairs and maintenance necessary to live? Objection, lack of foundation. Judge sustained. (ABC7)
Ackerman said Prince drives a Ford truck. He calculated his car to be a BMW. The expert explained his oversight only benefited the plaintiffs, since he calculated more money for support. Ackerman said MJ would have to have enough income to service all the debts, personnel, creditors and to support to plaintiffs. “I think he’d have significant difficulty in continue to provide the support,” Ackerman opined. (ABC7)
Jackson recross
Panish, in re-direct, asked if Barrack testified that, with Colony Capital help, MJ could overcome his debts and he could become a success? Ackerman: I don’t recall that. After reviewing Barrack’s deposition, Ackerman said yes. “I think they all thought and hoped the tour would be successful,” Ackerman testified. (ABC7)
Panish took over, and showed Ackerman the budget attached to the document that MJ’s manager Tohme signed in 2009. One version that the jury’s seen and Ackerman testified about had a footnote on it that $300k set aside for Murray wouldn't be paid because the contract was contingent on Jackson signing it. But the version presented to Tohme on June 28 lacked that footnote. (AP)
Panish: Did you read anything about MJ’s relationship with his mother and children? Ackerman: My recollection it was very loving. Panish: Did you read anywhere that MJ denied his mother or children anything? Ackerman: I don’t recall that. (ABC7)
Panish asked if Ackerman is here to help the plaintiffs. He said he’s here to try to be fair. Ackerman said he came up with a very generous support numbers should the jury decide to award anything. Ackerman said at the end of MJ’s life, he had close to $30 million a year in interest, his total overall expenses was $30-45 million range. Panish: Did you do a calculation for the loss of their father, loss of care, comfort, society, affection? Ackerman: I don’t think I’m qualified to calculate that. (ABC7)
Ackerman was excused. Judge broke for afternoon break.
(( Outside the presence of the jury, there was a discussion with the attorneys whether plaintiffs have formally rested their case. Panish to tell the judge in the morning. She wants to tell the jury and put it in the record. Defendants have filed a motion for non-suit already. Judge said she won’t rule on it right away. (ABC7))
Dr Gordon Hiroshi Sasaki video deposition
Dr. Sasaki graduated from Pomona College in 1964, degree in Bachelor of Arts. He went to Yale University for his medical school, graduated in 1968. Dr. Sasaki served in Vietnam and wore several hats as doctor, including anesthesia and plastic surgery on days off. He laughed at that last comment. (ABC7) The doctor talked about his experience, going to medical school at Yale, then going to Vietnam to serve as a doctor. (AP)
Sasaki performed a few medical procedures on Jackson in the 1990s, including surgery on his scalp to try to repair damage from burns. Jackson’s scalp had been burned in 1984 while filming a Pepsi commercial. Sasaki’s testimony was taped on Feb. 7, 2013. Sasaki performed two scalp surgeries after being introduced to Jackson by Dr. Steven Hoefflin. He also worked with Dr. Klein. (AP) Q: Did you ever provide medical treatment to MJ? A: Yes, I did. Dr. Sasaki said he did two surgeries on MJ’s scalp and 3 on the upper lip for contouring. March 16, 1993 was the first surgery Dr. Sasaki performed on MJ. It was to reduce scar on the scalp, the bald spot. Second surgery was on October 31, 1997 for scar revision to reduce the width of the reduced scar on the scalp. (ABC7)
Dr. Sasaki: The medical care, which included post operation and pain management, were taken out of my hands willingly. Dr. Sasaki said the care was placed into two other doctors that Mr. Jackson thought would be the best. Dr. Sasaki said the other two doctors were Steven Hoefflin and Arnold Klein. At some point Dr. Metzger as well, he said. Dr. Sasaki on how he met MJ: I received a phone call from Dr. Steven Hoefflin, a plastic surgeon. Dr. Sasaki said he was asked to assist him in providing different alternatives to take care of the bald spot on his scalp. The consultation with MJ and Dr. Hoefflin was set up, Dr. Sasazi said. Dr. Hoefflin is a well known plastic surgeon in Los Angeles. The surgery in 1993 lasted about half an hour. Dr. Sasazi explained he put a metal on a side of the defect and a metal on the other side. He then put stitches going from one side of the metal to the other, crank it to put the sides together. Dr. Sasaki said the method results in about 30% more skin from stretching. He then put ballon in the scalp to stretch further to cover scar. Dr. Hoefflin was his first assistant in the surgery. Dr. Sasaki said he knew generically that in 1988 MJ had a burn in his scalp. He said he understands the burn happened during a Pepsi commercial and it had healed, but MJ wanted to reduce the scar. The scar was in the middle part of the scalp, Dr. Sasaki said. (ABC7)
Sasaki was invited twice to Neverland Ranch after the procedures, once with his family when Jackson wasn’t there. The second Neverland trip was a house call to check on his wound after a medical procedure. (AP) Dr. Sasaki: He was kind enough to invite myself and my family to Neverland. Dr. Sasaki: We went up there, he was not there, but he was not supposed to be there. The staff served us lunch and showed us around. Dr. Sasaki said he visited Neverland Ranch twice, once with his family and once at MJ”s request. Dr. Sasaki: I think he just wanted to have me look at his wound, which was healing quite well. “More than talking about him, we talked about the Bible,” Dr. Sasaki said. He said he was there for medical purposes, though, The visits may have been 5 years apart. (ABC7)
Sasaki recalled that he was told that Jackson had a low pain tolerance, and that Hoefflin would take care of managing it. The doctor said that was unusual, since he usually saw patients throughout their recovery process. He said sometimes docs want to keep control of their celebrity patients, but noted he was just speculating that’s what was happening with MJ (AP) Dr. Sasaki prepared a summary of all the treatment of MJ on Feb 7, 2013. He wrote Dr. Hoefflin told him MJ had a low threshold to pain. Dr. Hoefflin strongly suggested he managed the pain medications since he knew the patient better. Dr. Sasaki said that with celebrities, when he doesn’t get to see patients frequently, he prefers not to treat them. Q: Did you provide any post operation pain care? A: None Q: Was that unusual? A: It’s highly unusual. Dr. Sasaki said if he doesn’t see the patient regularly he prefers not to give pain medication. He said he never talked to MJ about the pain treatment. Dr. Sasaki: I think when you’re dealing with high profile clients, some doctors prefer to keep it under control. Dr. Sasaki said he did the surgery but didn’t see the patient until 2-3 months later, which is highly unusual. Q: Did you prescribe any medication to MJ? A: No. Dr. Sasaki said normally a patient who undergoes that kind of surgery has pain lasting for 6 weeks. (ABC7)
In July 1993, Sasaki said he spoke to Klein, who suggested that he prescribe Jackson Percocet to deal with his pain. Sasaki’s notes indicated that he suggested Jackson see a pain management specialist. The doctor said he grew uncomfortable prescribing Percocet after Jackson requested the medicine 3 times between July-Aug. 1993. Each time Sasaki said he gave the singer 45 pills but he was concerned about the frequency of the requests. Sasaki said Klein told him that he would take care of Jackson’s pain needs. On Aug. 15, 1993, the doctor saw Jackson again. This time, Sasaki said he gave Jackson Demerol because the singer complained of serious pain. The doctor said it was the only time he ever gave anyone Demerol because the drug can start to alter a patient’s lifestyle. Sasaki said at the time, Dr. Klein told him that he was concerned about Jackson’s performance on a world tour. The last time Sasaki treated Jackson was in in 1998 and he never saw the singer again after that. (AP)
Dr. Sasaki testified from his record that on June 30, 1993 he had the first post op follow up at the Dr. Klein’s office. He said MJ was experiencing pain due to his work and rehearsals. He had to wear a hairpiece to camouflage the scar. Dr. Sasaki said he told Debbie Rowe that the area should be exposed to air as much as possible to heal. On July 3, 1993, Dr. Sasaki prescribed Percocet for MJ. It was the first time he prescribed pain medication to MJ. Dr. Sasaki said he spoke with Dr. Klein and that Klein suggested Percocet. On July 20, 1993, there was another request for Percocet, due to strenuous rehearsals, prescribed with the knowledge of Dr. Klein. On Aug 10, 1993, Dr Sasaki received a phone call from Dr. Klein that MJ was experiencing extreme pain. Doctor said pain was normal 4-6 weeks after surgery due to the nerves growing back Dr. Sasaki suggested to Dr. Klein that MJ be seen by a pain management specialist. “I was concerned about pain patterns and his use of Percocet,” Dr. Sasaki testified. Q: Was he taking too much? A: Yes Q: Where you the only person prescribing Percocet to MJ? A: I don’t know. Dr. Sasaki said he prescribed 45 tablets of Percocet each time. Dr. Sasaki told Dr. Klein and MJ he would no longer prescribe Percocet to MJ since he was asking for too much. Percocet prescription, 45 tablets each time, were prescribed on: July 3, July 20 and Aug 10, 1993. Q: Was that very frequent? A: Frequent. On Aug 15, 1993, Dr. Sasaki said he saw patient, with Debbie Rowe. He was complaining to pain in scar area, area had healed completely. Dr. Sasaki said he injected site with pain reliever, gave Demerol 100 mg, suggested MJ to see pain specialist. Aug 15, 1993 Dr. Sasaki prescribed Demerol to MJ under Omar Arnold. This was the first and last time Dr. Sasaki gave Demerol to MJ, he said. Dr. Sasaki explained Demerol is for acute pain, not chronic pain, following major surgery. Q: About how often do you prescribe Demerol? A: None. “Because I don’t do that kind of surgery that requires that kind of pain medication,” Dr Sasaki testified. Dr. Sasaki said MJ was the only patient he injected with Demerol. (ABC7)
He testified he is not familiar with MJ’s announcement in 1993 about being dependent on prescription medication. “I’m totally ignorant regarding that,” Dr. Sasaki said. (ABC7)
May 1998 was last time Dr. Sasaki saw and spoke with MJ. He knew doctors Hoefflin, Klein and Metzger treated MJ back then. That ended the video deposition. (ABC7)
Zusammenfassung von Ivy,MJJC #71
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
Day 64 - forts. zeugin Kathy Jorrie
Day 65 - zeuge Kenny Ortega
Day 66 - zeugin Kathy Jorrie; Randy Jackson Video Depo.
Day 67 - zeuge William Ackerman
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 #50Zuletzt geändert von rip.michael; 20.08.2013, 12:01.
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Onlineberichte zur Aussage von Debbie:
Jacksons Ex-Frau im Zeugenstand: "Seine Angst vor Schmerzen war unglaublich"
http://www.spiegel.de/panorama/justi...-a-916678.html
Debbie Rowe brach zusammen
Bei ihrer Zeugenaussage brach Debbie Rowe, die Exfrau des Popstars Michael Jackson, in Schluchzen aus.
http://www.gala.de/stars/news/newsfe...en_970562.html
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Jacksons vs AEG - Day 67 – August 12 2013 – Summary
Katherine Jackson is in court
Prior to beginning of session, attorneys discussed with judge about the next witnesses/exhibits outside the presence of the jury. (ABC7) Forensic accountant William Ackerman is today’s witness. He’ll be testifying about Jackson’s financial history, spending. Testimony got a late start (about 50 minutes) because attorneys were arguing issues about Ackerman’s opinions and whether he could testify. Plaintiff’s attorney Brian Panish argued that Ackerman’s testimony should be blocked because it was cumulative. Panish argued that another defense witness, Eric Briggs, had testified about Jackson’s debts and Ackerman’s opinion would be redundant. AEG Live’s lawyers however argued that Ackerman’s opinion was about Jackson’s financial history and spending and weren’t duplicative. There are 200,000 pages of Jackson’s financial records that form the basis of Ackerman’s opinion. Many are from the 2000s. The judge agreed to allow Ackerman to testify, but did tell AEG to take out certain pictures from slides that will be shown to the jury. For instance, the judge told AEG to take out slides showing a BMW and the Harvard logo. AEG said those were things Jackson’s children might be entitled to. Judge also said AEG shouldn’t show an image of Carolwood mansion to reflect the Jacksons’ housing (AP)
This afternoon, plaintiff’s attorneys argued that some of Ackerman’s slides and testimony should be stricken. Plaintiff’s lawyer Brian Panish says Ackerman’s testimony about Michael Jackson’s consumption, which includes interest payments, is improper. Panish argued that Ackerman’s figures create an improper comparison to plaintiff’s expert Arthur Erk’s figures on MJ’s expenses. AEG Live’s lawyers say the issue can be fixed on cross-examination, but the judge wants to hear more arguments in the morning. Some of his testimony and charts shown to the jury may get stricken, but the judge made clear she wants to think about it some more. (AP)
William Ackerman Testimony
AEG Direct
When Ackerman took the stand he brought 2 large boxes of documents. Ackerman started pulling out binders large and small and stacking them behind him in the witness box. It took him 3 minutes to set up. (AP)
AEG called a new witness on the stand, William Ackerman. Before seating down, Ackerman laid out several large binders from 2 boxes. Sabrina Strong did direct examination of Ackerman. She asked how tall he is. The expert said he’s 6’7″. Ackerman was asked to determine the amount of support the plaintiffs received and could expect to receive had MJ lived. (ABC7)
He said he did an extensive review of the financial information provided to him, did a financial evaluation of MJ. Ackerman works currently at Freeman & Mills, consulting in accounting, finance, economics, business practices, primarily business settings. He's been working in the accounting firm for a little over 22 years. Ackerman said his work is primary is the damage areas, says he works on several cases and they are all different. He's works in all kinds of civil litigation and some criminal matters. The only litigation his firm does not do is marital dissolution. Ackerman studied Business Administration with emphasis in Accounting at Georgetown University. Ackerman testified in a little over 60 cases, all as expert witness. He said the split is half between being hired by plaintiffs/defendants. "I don't choose my clients, they choose me" Ackerman said. The witness has testified on behalf of O'Melveny & Myers about a handful of times. He has also worked on a handful wrongful death matters. Ackerman said he probably worked on 1,000 matters where he looked at damages issues. (ABC7) He is a forensic accountant with the consulting firm Freeman and Mills Inc., which handles a lot of litigation-type cases. Ackerman said he has testified in approximately 60 trials and arbitration proceedings. He said his experience was pretty evenly split between being a witness for plaintiffs and defense cases. (AP)
Ackerman said he was asked to try to determine the amount of support plaintiffs would received/could expect to receive had MJ lived. Scope of Work: Michael Jackson's finances, Support, contributions, gifts and benefits, Present value calculation. Ackerman explained he developed what we would describe as a financial profile of Michael Jackson. Ackerman said he/his firm reviewed over 200,000 pages of documents. About 10 people in his office worked in reviewing these documents. Strong showed Ackerman a question that was posed to Arthur Erk. He was asked if he reviewed thousand of documents in this case. Erk responded he had access to them but decided to read only what he thought was pertinent. Erk's testimony: Otherwise we'd spend millions of dollars and I didn't think this was necessary. Ackerman said he reviewed all docs, didn't amount to millions of dollars. He testified his firm spent between 2800 - 3000 hours on this case. Ackerman said it probably took well over 2000 hours just to read all the documents. He spent between 650 and 700 hours alone. Ackerman's hourly rate is $475. Other people in his firm charge between $325 to $75 an hour. "We submitted invoices in excess of $800,000" Ackerman testified. He said he doesn't know how it's possible to opine without reading all. (ABC7) Ackerman’s firm has billed more than $800,000 for work in the case, which involved compiling Jackson’s financial history. (AP)
Before the lunch break, he described in great detail Jackson’s debts and earnings. He said MJ died $400-500 million in debt. His underlying testimony so far has been to show that Jackson was spending millions more per year than he was earning in the 90s, 2000s. Many millions of dollars each year were spent repaying interest on loans, Ackerman said. He also didn’t have complete records on Jackson’s personal spending in the early 2000s, so he said his debts for that time period were probably higher than shown on his charts. In 2001, Ackerman Jackson’s income was about $15 million, but his expenses were roughly $32-33 million. One of his charts showed Jackson’s spending versus what plaintiff’s expert Arthur Erk calculated for MJ’s expenses. Erk projected that Jackson would spend roughly $7 million a year if he had lived. Ackerman said the historical figures were much higher. For instance, in 2009, Ackerman said Jackson would have spent close to $30 million on annual interest payments alone. The interest payments were for loans taken against his Sony-ATV and Mijac music catalogs and various properties (Neverland, Hayvenhurst.) (AP)
Ackerman said he looked at books and records for Michael Jackson and was asked to measure what MJ paid to plaintiffs for support. Ackerman: I think it's important to share with jury that there was some doubt of his ability to continue to provide support. (ABC7)
Exhibit:
A. Spending Exceeded Income
B. Growing and Significant Debt
C. Profile of Financial Condition
"MJ's spending exceeded his income on an annual basis," Ackerman testified. "He had significant debt over time, the interest had become more and more burdensome to meet," Ackerman described. Ackerman said he put together a profile of Michael Jackson's financial condition. (ABC7)
He said he focused on 2001 to June 2009 period, since the financial information was the most complete during this period. Ackerman: During the last decade of his life the primary source of income was Sony/ATV catalogue and his own MIJAC catalogue. Ackerman said the Sony/ATV catalogue merged in 1995. As part of deal, MJ received a substantial amount of money. The expert said MJ was to continue to receive $6.5 million every year for royalties and $11 million from 2008 and forward until 2014. Ackerman: MJ had ATV catalogue alone and received $115 million over a three year period of time for the merge with Sony's catalogue in 1995. Ackerman said MJ paid $49,5 million dollars for the ATV catalogue, which then was merged with Sony. (ABC7)
Ackerman said MJ had multiple corporations. He said most of his expenses were from one of his entities and not by himself as a person. Ackerman testified that some times the spending on a given company would be bigger than the income, would have a loss. Michael Jackson Company is the corporation that entered into an agreement with AEG. (ABC7)
Strong showed a chart of MJ's Finances -- Spending Exceeded Income
2001: $17 million in income, $33/34 million in expenses
2008: $26 million in income, $42 million in expenses (ABC7)
Ackerman said 2002, 2003 and 2004 there were no personal expenditures record. So they were not included in the graphic. The expert said those were the years MJ was living at Neverland Ranch. And no expenses were reported. Ackerman said there were not a lot of books and records provided for the year 2007. MJ had some sort of dispute with his business manager. (ABC7)
Ackerman said MJ was spending $15-20 million a year on average more than his income. (ABC7)
Michael Jackson's Finances – Expenses. Erk: $6.8 million in consumption. Ackerman said in 2008 it was $41/42 million in consumption. Strong: What things did you see MJ would spend? Ackerman: The large expenditures was in interest. Ackerman: All expenses of the different businesses he had, payroll, Neverland Ranch was very expensive to maintain. Ackerman said MJ was a generous man and donated a lot money to charity. He also gave a lot of gifts to different people at different times. The expert said he had to take care of the animals at Neverland, had people on the payroll, spent half a million dollars in amusement rides. (ABC7)
Despite receiving millions of dollars annually from his song catalogs, Michael Jackson year after year spent more than he earned, including $30 million in annual debt payments, a forensic accountant testified Monday. William R. Ackerman, testifying as a defense witness on behalf of AEG Live in the wrongful-death trial, offered a detailed look at the singer's finances, telling jurors that Jackson spent money on donations to charity, gifts, travel, art and furniture. "He spent a lot of money on jewelry," Ackerman said with a chuckle. Neverland Ranch -- which Ackerman called "a mini-theme park," with its maintenance staff, zoo and train that traveled around the property -- was also a huge drain on his income, the certified public accountant testified. Still, he said, “consistently, his largest expenditure was interest expense. He spent a ton of money on interest.” Jackson's biggest expense was $30 million in annual payments on his debt when he died in 2009. (LATimes)
Ackerman said Michael Jackson had to take on more and more debt to keep going, since income was not sufficient. Strong showed chart with MJ's Interest on Debt, which is the amount of incurred interest over the years. Ackerman said from 2001/2004 the annual interest on debt was from $13 to $15 million, 2005: $20 million, 2006: $25 million, 2009: $30 million. "This is the cost to rent somebody else's money," Ackerman explained. He said the interest rate was 16,8%, almost 17%. Ackerman said this amount was all separated from his monthly expenses. Ackerman: He was close to about $400 million on long-term debt, had other debts to credit he received. Total debt is $400 and $500 million. Ackerman said he saw on documents that MJ was as much as $30 million in debt as early as 1993. "It continued to grow over time to the final numbers," Ackerman said. Strong showed chart with MJ's outstanding debt: 2001 -- $231 million, 2005 -- $275 million, 2006 -- $325 million. Ackerman said in 2007 it was $400 million, plateau there until his passing in 2009. (ABC7)
Interest on the loans grew over the years, ranging from a little less than 7% to 16.8% annually, Ackerman said in a downtown Los Angeles courtroom. As early as 1993, Jackson owed $30 million, a figure that grew to $140 million by 1998. From June 2001 through June 2009, Jackson's debt increased by about $170 million. When he died, Jackson owed $400 million to $500 million, Ackerman testified. Ackerman said Jackson received no loans after 2007, and at the time of his death, he was three to four months behind on payments for the San Fernando Valley home where his mother lived. "He was tapped out," Ackerman said. (LAtimes)
He provided details of Jackson's 1985 purchase of the ATV music catalog, which contains many Beatles songs, for $49.5 million. Jackson merged it with Sony's catalog a decade later, receiving $115 million, along with a guaranteed $6.5 million a year, which was increased to $11 million annually in 2008. The CPA also testified that Jackson's tours in the 1990s were not moneymakers. He said Jackson broke even on the Dangerous tour and lost $11.2 million on the HIStory tour. (LAtimes)
Ackerman said MJ received in Oct 1995-97 -- received $150 million from Sony. But he spent $32 million in 1993, $140 million in 1998. Strong asked what that means. "He liked to spend money," Ackerman responded. (ABC7)
Ackerman said he believes Dangerous tour in 1993 broke even or lost money. He reviewed Gongaware's testimony with that info. Ackerman said the books and records shows MJ lost $11.2 million in the "HIStory" tour. The expert said MJ created new companies for the "HIStory" tour and he analyzed the books, which showed he lost money. (ABC7)
Strong showed chart with MJ's Assets Securing Debt in June 2009:
50% Interest in Sony/ATV Catalog MIJAC Catalog - $ 300,000,000
Neverland Residence - $ 71,509,703
Hayvenhurst Residence - $ 23,000,000
Lindley Residence - $ 3,985,211
Loan Balance - $383,500
Total: $ 398,878,414 in assets securing debt. (ABC7)
The title of Hayvenhurst house was in Michael and LaToya's name, Ackerman said. "After 2008, people were just not giving him more money," Ackerman said. Ackerman said after 2007 no debt had been incurred. "Nobody would lend him money," he said. "He was tapped out," the expert explained. He said his opinion is based on the documents he reviewed in the case. Ackerman: He was having troubles to meet his obligations in the period of 2007-2009, as well as other periods. The Hayvenhurst residence was 3-4 months in arrears by June 2009. (ABC7)
Ackerman said he does not know the value of Sony/ATV catalogue. Strong: Assuming Briggs testified value of MJ's interest in the catalogue is roughly in line w/ debt, is that consistent he was tapped out? Ackerman: Yes, ma'am. "I don't think he was able to borrow any more money," Ackerman said. (ABC7)
Ackerman said the $300 million loan against the Sony/ATV catalogue was due in full in December of 2010. If not paid, Ackerman said he'd assume MJ would not receive the amount he was to receive annually for royalties. Strong: I want you to assume, if MJ did not have the Sony/ATV catalogue, do you have an opinion if he would receive $6.5 to $11 million? "The income goes away," Ackerman said. (ABC7)
Strong showed another chart of MJ's Finances.
Profile of Financial Condition:
1- Significant Debt
2- High Borrowing Rates
3- Catalog Cash Flow Committed to Servicing Debt
4- Bankruptcy Remote Trust Formed in 2006
5- Neverland
6- Hayvenhurst
Ackerman said that, based on his review of the documents, the royalties were dedicated to repay the debt. Ackerman: Mr. Jackson never got paid that money from royalties, it went straight to the lender. "It was earmarked to either pay the interest of the debts or the debts themselves," Ackerman said. Ackerman said he believes lenders were getting nervous in 2006, formed bankruptcy remote trust that included Sony/ATV and MIJAC catalogues. A bankruptcy remote trust is established to protect the interest of the lender in case the borrower files for bankruptcy. Ackerman said his understanding is that the trust would protect the catalogues against other borrowers. Bankruptcy remote trust was formed in March 2006. It was called "New Horizon Trust." (ABC7)
Neverland: Ackerman said about $23 million had been lent against Neverland. "It has become very close to foreclosure by Colony Capital in 2008," Ackerman said about Neverland. Colony Capital came in and replaced primary lender -- non-interest bearing loan to MJ for $23 million. (ABC7)
Ackerman said the mortgage at Hayvenhurst was delinquent 3-4 months and was scheduled to be foreclosed on June 26, 2009, a day after MJ died. "He was in a very precarious financial condition," Ackerman opined. "He dig himself in pretty good hole." (ABC7)
Ackerman calculated Annual Support to Plaintiffs Around 2009: Katherine - $1,167,000, Prince -- $785,000 , Paris -- $780,000, Blanket -- $780,000. Annual Support for Katherine Jackson included all expenses for Hayvenhurst, Auto/RV,Travel, Gifts. (ABC7)
Annual Support for Katherine Jackson alone:
Hayvenhurst mortgage on March 2009 -- 31,513/month
Hayvenhurst property taxes -- 34,000/year
Hayvenhurst repairs and maintenance -- $111,000/year
Hayvenhurst homeowner insurance -- $36,000/year
Hayvenhurst utilities -- $64,000/year
Hayvenhurst employees/independent contractors -- $252,000/year
(groundkeeper, butler, housekeeper, personal assistant, driver, security man)
Hayvenhurst security/alarms -- $69,000/year
Food allowance -- $30,000/year (just for Mrs. Jackson)
Auto/RV
MJ had given Mrs. Jackson a top of the line Mercedes and recreational vehicle -- $118,000/year
Travel -- $35,000/year (Family vacations for 2010 was $118,362 and 2011 was $160,471)
Gifts -- $40,000/year (ABC7)
Ackerman said the books and records listed out the gifts MJ gave to Mrs. Jackson. In some years, there was no gift amount listed. Strong: What you see on the records, it decreased overtime? Ackerman: It appears that way. (ABC7)
Prince, Paris and Blanket Annual Support Around 2009rince -- $785,000, Paris -- $780,000, Blanket -- $780,000. The difference is because Prince was going to Buckley School, which Ackerman said is higher than home schooling for Paris & Blanket in 2009. (ABC7)
Rent -- $1,200,000
Butler -- $31,000
Housekeeper -- $31,000
Chef (Kai Chase) -- $128,000
Utilities -- $64,000
Total Annual Cost -- $1,454,000
25% Allocation per child -- 364,000
Education: Buckley School in 2013 is $36,000 for ages 12-17. In 2009 was $28,000.
2013 cost of private university -- $63,000 (Harvard). Ages 18-21. In 2009, it was $51,000. This included tuition and room and board.
Travel: $122,000 per child (Ackerman said MJ would travel by private plane and would rent entire floors of hotels.)
Security: $69,000 per child per year
Caretaker: $22,000 per child per year
Auto: Ackerman said MJ had acquired 2 top of the line Escalades. $42,000 for MJ and 3 children, about $14,000 per child. Ackerman said he projected kids to have own cars at 16. He testified he thinks the dream car would be a convertible BMW -- $35k/year/child.
Groceries: $17,000 per year per child
Other: $121,000 per year per child for toys, gifts, clothes, electronics, books, jewelry, boats, places. Ackerman said he gave $110,000 cushion in the last category to catch all that was possibly missed. (ABC7)
Ackerman used a discount rate of 18% to put numbers in present value.
Katherine Jackson -- Projected Support
From 2009 - 2019
Period 1 - Ending 12/31/2009 -- $557,000
Period 11 - Ending 6/30/2019 -- $6,111,000
Projected Support to Plaintiffs (cumulative)
Period 1 - End 12/31/2009 -- for KJ and children -- $1,684,000
Period 11 - End 12/31/2019 -- for KJ and children -- $19,452,000
Period 16 - End 12/31/2024 -- for KJ and children -- $21,498,000 (ABC7)
Ackerman said Mrs. Jackson's life expectancy was 10 years from 2009. So he stopped calculating future earnings based on that. For MJ, he calculated 15 and half years of life expectancy, although he didn't offer his opinion on how much MJ would live. (ABC7)
After the lunch break, Ackerman reiterated a point he made this morning, that Jackson was “tapped out,” meaning he couldn’t borrow any more. Ackerman also told the jury that one major piece of Jackson’s debt was a $300 million loan against his share of the Sony-ATV catalog. The note on the Sony-ATV catalog loan would have come due in 2010, Ackerman said. Defaulting on the loan would impact MJ’s income, he said. Ackerman also told the jury about missed payments on Jackson’s Neverland property and on his family’s Hayvenhurt home. “He dug himself a pretty good hole,” Ackerman said of Jackson’s debt, adding that he isn’t sure MJ could have continued to support his family at the same level that he had been supporting them. He pegged that figure at about $3.5 million/year for Katherine, MJ’s kids. The $3.5 million figure was Ackerman’s estimate of support Jackson was providing his family in 2009. The consultant gave detailed breakdowns of how he arrived at those figures for the jury through various slides showing payment breakdowns. The slides showed how much was spent on security, schooling, utilities, food and other expenses for Katherine & the kids. Ackerman then went into another set of figures, which were projected levels of support based on risk calculations he said are commonly made. Part of his analysis involved estimating Katherine Jackson’s life expectancy until about age 89 based on a table used in court proceedings. Ackerman made no projection of how long MJ’s life-expectancy would have been, but projected out his likely level of support for 15 years.The bottom line figure of his projection was $21.5 million dollars for Jackson’s mother and children if MJ had lived for 15 ½ years past ’09. The chart was basically a sliding scale, allowing the jury to see Jackson’s projected support if they think his life expectancy was shorter. (AP)
"He would have to have some form of income to pay those figures," Ackerman testified.
Strong concluded her examination. (ABC7)
Jackson cross
Brian Panish did cross examination. Ackerman said he has an engagement letter with AEG for work in this case. Panish asked if he has a contract. He said yes. Attorney asked if he could bring a copy of it. Ackerman said the general requirement is to have a written agreement before work begins. OMM hired Ackerman in another case, the Cussler case. Bert Fields was the opposing counsel. Anschutz company was one of the defendants. Panish: Did your firm bill in excess of $1 million for that case? Ackerman: I don’t know exactly, but I’d not be surprised. (ABC7)
The bill of $800,000 to $825,000 was for work up until July. Since then, Ackerman worked another 60-100 hours. Ackerman said he keeps time records for the he does. “I don’t know what the industry standard is, I know what we do in our firm.” Panish: A professional way would be to itemize your bill, right? Ackerman: I don’t know, I know what our company does. Ackerman estimated the bill for last month to be between $50,000-$100,000, which is on top of the $800,000-$825,000 already billed. (ABC7)
Panish: You were very critical of Erk’s consumption amount, right? Ackerman: I was very critical of it. (ABC7)
“I didn’t come up with specific number, but probably in the $30-$50 million range,” Ackerman testified. (ABC7)
Panish: How much did MJ’s debt increase from 2007 versus 2008? Ackerman: Approximately $1.5 million. Panish: And from 2008 versus 2009? Ackerman: I show the debt going up only a few hundred thousand dollars. Ackerman: Looking at this graph, it’s an average of somewhere between $30-$35 million. (ABC7)
Ackerman said he, himself, did not read all the documents related to the case. (ABC7)
Panish: Who were the officers of Michael Jackson Company, sir? Ackerman: I know Michael Jackson was. Panish: Was it a single liability company? Ackerman: I don’t recall, have to look up. Ackerman: Michael Jackson Company was created on Feb 8, 2007. It’s a Delaware company. (ABC7)
Panish: Was Dr. Tohme sitting on $5 million of Michael Jackson’s money in 2009? “I made aware that Dr. Tohme may had been holding some money for MJ,” Ackerman responded. Panish: Did you testify in your deposition that it was stated by a number of people that Dr. Tohme was incompetent and dishonest. “Some people were of that frame of mind,” Ackerman answered. Panish: $5 million would’ve covered the entire expense at Hayvenhurst in 2009, correct? Ackerman: Yes, sir. (ABC7)
“It appears that he was providing support,” Ackerman said. “I know that Janet Jackson was also providing, so you have to draw the line where life necessities is,” Ackerman explained. Ackerman said Mrs. Jackson testified Janet was giving her $10,000 a month. “Mr. Panish, I’m just trying to say that she was also being subsidized by his daughter,” Ackerman explained. Panish: Do you agree with me that Mr. Jackson was paying for his mother’s life necessities? Ackerman: He was providing the bulk of the support for his mother. (ABC7)
Panish: What was the standard life expectancy for Michael Jackson? Ackerman: I don’t know. Panish: Did you read that MJ had 28.8 year life expectancy? Objection — sustained (ABC7)
-----------------------------------------
Panish told the judge this is a good point to stop. He says he needs to argue with the court. Judge responded: “And you can’t wait!” (ABC7)
Zusammenfassung von Ivy, MJJC #70
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
Day 64 - forts. zeugin Kathy Jorrie
Day 65 - zeuge Kenny Ortega
Day 66 - zeugin Kathy Jorrie; Randy Jackson Video Depo.
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 #50Zuletzt geändert von rip.michael; 16.08.2013, 07:49.
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Jacksons vs AEG - Day 66 – August 9 2013 – Summary
Katherine Jackson is not present in court.
Source : ABC7 unless otherwise indicated
Kathy Jorrie Testimony
AEG redirect
Kathy Jorrie is back on the stand. Jessica Stebbins Bina resumed re-direct examination. Bina showed Jorrie MJ's contract. Paragraph 13: Artistco hereby represents/warrants that Artist does not posses any known health condition injuries or ailments that would reasonably be expected to interfers with Artist's first class performance.
Bina: Who signed this?
Jorrie: Michael Jackson.
Bina: So MJ represented that he did not have any health condition that would interfere with his performance?
Jorrie: I never had any information that MJ was not in good health.
Bina: Drug problems?
J: None whatsoever
Bina: Insomnia or sleep problems?
Jorrie: Not in the least.
Bina asked if Jorrie believed Tohme was an officer of MJ company. She said yes. Bina: Did Mr. Panish show any documents that he was not an officer? Jorrie: He did not. Regarding the email Dennis Hawk, MJ's attorney, sent Jorrie on January 14, 2009, she said they wanted to replace the name of MJ's company. Bina: Before Jun 28 you had been told Tohme was an officer of the MJ's company? Jorrie: Yes. It's usually the type of representation she gets. Bina asked if Jorrie was told on June 28, 2009 that Dr. Tohme was an officer of MJ's company when he received the consent document. Jorrie: That's my best recollection, I was informed that he was an officer of Michael Jackson's company. Jorrie said Tohme himself represented to her he was an officer of MJJ's company.
Jorrie said the meeting on June 28, 2009 was called by John Branca, co-executor of MJ's Estate, co-executor John McClain was on the phone. She said Frank DiLeo and various AEG reps were also present at the meeting and Tohme was there speaking about things having to do with MJ. "Dr. Tohme was there discussing MJ's business in front of everybody," Jorrie testified. "Nobody challenged Dr. Tohme or his presence." Jorrie said Dr. Tohme signed this document. She said she has seen Frank DiLeo's signature as well approving the expenses. Jorrie: I'm aware that the Estate reimbursed some costs. Bina asked if Weitzman told her Tohme had been fired but nevertheless the Estate agreed to reimburse AEG for production costs. Jorrie: Correct
Bina asked if Woolley forwarded Jorrie an email saying Dr. Murray was fully engaged in Mr. Jackson's treatment in May. She said no.
Bina: Did it surprise you Dr. Murray was fully engaged and treating MJ in May 2009?
Jorrie: No.
Bina: Why not?
Jorrie: Because I understood from Murray that he was MJ's personal physician for 3 yrs
B: Did Murray tell you that?
J: He did
Bina asked if Jorrie told Dr. Murray to stop treating MJ until they had an agreement. She said no. Jorrie: The reason is that Dr. Murray was Mr. Jackson's physician and it would not be my place to tell him not to provide services. Jorrie said MJ had been his patient for many years.
Bina: Did Dr. Murray need an agreement with AEG Live to treat patients?
Jorrie: No, he did not need an agreement from AEG Live to perform services to his patients, including Michael Jackson.
Jorrie read graph 9 of the contract, "Artist Consent." It says that without the express written consent of MJ the contract was not valid. Jorrie: This is an independent contract agreement. Dr. Murray was MJ's physicians, retained to and in the expense of the artist.
Bina: You didn't put any provision for Dr. Murray to be supervised by AEG Live?
Jorrie: Of course not.
Bina: Are there any words in agreement that says Murray can only use medical equip approved, bought by AEG?
Jorrie: There's no such wording. Jorrie said there was also no word about Dr. Murray having to use only equipment provided by AEG to treat Michael Jackson.
Bina: Did Dr. Murray ever ask you for any equipment?
Jorrie: No
Bina asked about end date of contract. Original date was Sept. 2009, but Dr. Murray asked it to be changed to March 2010, Jorrie said. Bina asked Jorrie why she didn't check with MJ or his reps about changing the end date of the contract. Jorrie explained they were negotiating a contract to a place where Dr. Murray was happy with the agreement. She said it would then be presented to MJ and his representatives for approval.
Bina: Did you ever send the signed agreement to MJ?
Jorrie: No, I didn't.
B: Why not?
J: Michael Jackson passed away.
Jorrie used as template an independent contract agreement used in the King Tut exhibition. It was between an individual and affiliate of AEG. There is no mention of artist consent in that contract, it was not a service to an artist. Jorrie said she took out the conflict provisions because they dealt with conflict of interest for the individual working for a competitor. She said that provision was no applicable to Murray. Jorrie also took out provision "Intellectual Property" since it was not applicable also.
Bina asked if Jorrie's understanding was that Dr. Murray was making one million dollars a month. She said he understood his medical practice brought in a million dollars, from which he had to pay his expenses, nurses, medical equipments.
Jorrie said from the conversation she had with Dr. Murray she did not understand he was going to close his medical practices to go on tour. "He told me he was leaving the practices to go on tour with MJ," Jorrie explained. Dr. Murray never told her he was closing his practices.
Jorrie found that there were two places of businesses associated with Dr. Murray and his medical licenses. Jorrie: I found Dr. Murray was licensed to practice medicine in 4 states, no disciplinary action against him in any state. The clinics she found were in Nevada and Texas, Jorrie said. "The 2 places of businesses that I assumed were clinics." Jorrie: It was just spot check, I checked his medical licenses, there were no disciplinary actions, company was legit, everything matched. "I had no reason to doubt the information given to me was incorrect," Jorrie said. "There were no red flags." Jorrie: I didn't think it was my place to check Michael Jackson's physician, who he had for many years.
Jackson recross
Panish then did re-cross of Jorrie.
Jorrie said GCA Holdings was a legitimate company, its license had not be suspended. Panish: Did you bill AEG for the research you did? Jorrie: It was 10 minutes of research and it was part of preparation of Murray's contract. Jorrie explained she would not have entered into the invoice a spot check of Dr. Murray's licenses/company. Panish: Does your time entry has anything about check you did on Murray? Jorrie said she needs to look at the documents to refresh memory.
Jorrie said a red flag is when things come up that alerts her to evaluate further. Panish: There were no red flags raised in the 10-minute search you did on Dr. Murray, correct? Jorrie: That's correct. Jorrie said she was checking to make sure the information Dr. Murray gave her were correct.
Panish: Did you ever do a google search for Michael Jackson Company? Jorrie: No. Jorrie said she went on to the Delaware Secretary of the State website to check Michael Jackson's company. Panish: MJ's company was a sole member LLC, wasn't it? Jorrie: That I don't recall when I looked at it. Jorrie said she believes she has a copy of the Delaware Secretary of the State of when she checked MJ's company. Panish: Did you bill your client for that work? Jorrie: I don't recall, I have to look at the time and see whether or not I billed them. Jorrie said she never received any document from Shawn Trell stating anyone else as officer of Michael Jackson's company. Panish: Did you ever contact Delaware Secretary of State to see if Dr. Tohme was an officer of MJ LLC? Jorrie: No. Jorrie did not contract John Branca, co-executor to be, to check if Dr. Tohme was an officer of MJ's LLC.
Jorrie said Mr. Tohme did not sign the consent document in her presence. She gave him the document for review.
Panish: Were you aware Dr. Tohme was supposed to get paid $200,000 for signing this document?
Jorrie: I wasn't aware, sir.
Panish: Were you aware the budget called to pay Dr. Murray $450,000?
Jorrie: I was not aware, sir.
Jorrie said the budget had to be approved prior to any payment. She testified she never asked Branca if Tohme was officer of MJ's company.
Jorrie said she saw Dr. Murray was licensed for cardiovascular something. He was also licensed in internal medicine. Panish asked if there's such a things as cardiovascular license. "I told you what I remember seeing," Jorrie explained. Panish: Did you see his internal medicine license had lapsed in 2008? Jorrie: No, I don't remember seeing it. Panish: Is your testimony that Dr. Murray was licensed in internal medicine and cardiovascular? Jorrie: It's my testimony under oath that's what I saw 4 years ago, yes.
Jorrie said she told Dr. Murray he would get paid once the contract was fully executed. Jorrie sent all drafts of the contract to Trell and AEG, but never sent them to Michael Jackson or his representatives. This was the 1st time Jorrie negotiated a contract for an artist's physician. She never researched about third party contract for artist/doc
Jorrie said she did not go out of her way to check Dr. Murray's credit report, debts, outstanding child support claims. Panish asked if Jorrie was copied on any of the chain email "Trouble at the Front." She said she was not. Jorrie said the only medical check she's aware of that Michael Jackson underwent was for the insurance company.
Jorrie said Howard Weitzman may have told her about the dispute in termination of Dr. Tohme.
AEG redirect
In re-re-direct, Bina asked: Why didn't you ask John Branca if Dr. Tohme was officer of the company? Jorrie said Branca was a co-executor to be and she believed he would not know the answer. He had been MJ's attorney for a week. Jorrie thought Dr. Tohme would be the most appropriate to ask whether he was an officer of MJ's company or not.
Bina: Did u think there was conflict of interest in the contract? "I believe that there wasn't contractual conflict of interest" Jorrie said Jorrie explained MJ and Dr. Murray's interests were aligned, to treat him and keep him healthy while performing at the O2 arena.
Jackson recross
In re-re-cross, Panish asked if Jorrie has expertise in medical conflict of interest. She said she's not an expert in medical conflict.
Jorrie said she read that Branca represented MJ about 10 years before.
Panish: AEG didn't have to have a contract with Dr. Murray, right?
Jorrie: It was an accommodation, sir.
Panish asked if there was anything preventing AEG from preparing the contract with Dr. Murray and giving it to MJ. She said no.
AEG redirect
In re-re-re-direct, Bina asked if MJ specifically asked AEG to draft the contract for Dr. Murray and advance funds necessary?
Jorrie: Yes
Jackson recross
in re-re-re-cross, Panish rebutted: And AEG could've refused it, right?
Jorrie: Yes
Randy Jackson Video Deposition
A jury heard videotaped testimony Randy Jackson, who described more than half a dozen interventions his family attempted to try to get Michael Jackson to stop taking prescription medications. Randy Jackson, the pop superstar’s younger brother, said several of his siblings were involved in the efforts, and they occasionally brought interventionist doctors to try to convince their brother to go into rehab. The superstar always refused and kept his family at a distance in the final years of his life, Randy Jackson said. Randy Jackson says the interventions took place in diverse locations including New York, Las Vegas, Jackson’s Neverland Ranch and Taiwan and dated back to the mid-1990s. However, he said he did not talk to his brother much in the five years before his death and was unable to get into his rented mansion during the period before he died because security guards blocked his access. “Michael didn’t want to be around the family too much because he didn’t want them to see him like that,” Randy Jackson said. “He was hiding from me.” He said most of the interventions were attended by his sisters Rebbie and Janet and his brothers, Tito, Marlon, and his father, Joe Jackson. But he said his mother only came along once or twice. He said she was unwilling to accept that Michael was addicted and he felt “she was in denial. She just didn’t want to believe.” Randy Jackson said his brother was terrified during the run-up to his 2005 child molestation trial in Santa Maria. At one point Randy Jackson said he had to take his brother to a hospital because “he was under the influence of something.” He said he had no idea what drugs Jackson was taking. “He was very frightened, and I had to get him to court,” Randy Jackson said. (AP)
He said almost every time he tried to intercede it was after a call from a nanny who cared for Michael Jackson’s children and told him the singer was over using prescription drugs. He said he never saw his brother take drugs but twice saw him in a condition where he was slurring his speech. He said he later fired the nanny after he encountered her at a pharmacy picking up prescriptions for the singer. Randy Jackson said he never heard of the drug Propofol until after his brother died from an overdose of the anesthetic. Randy Jackson also testified that at one point he wrote a letter to his entire family, including his mother, saying they needed to help Michael. “He’s an addict, and he isn’t responsible. The family has to step in and do something about it,” Jackson testified.He also said his brother refused repeatedly to go to rehab. “I told him I was taking him to rehab and he said he’s not going. I told him, ‘Yes, you are.’ And he would say ‘No, I’m not,’” Randy testified. (CBSLA)
Michael Jackson suffered a secret near-overdose in Beverly Hills in 2005 and deflected more than a half-dozen drug interventions staged by his concerned relatives, a Los Angeles jury heard Friday. The near overdose, meanwhile, came after the trial at a house in Beverly Hills called Shadow Wood, according to the video testimony. Randy Jackson said Rwaramba called him in a panic after Jackson purportedly took too much of a prescription obtained in her name. He said Jackson was out of it and talking in "slurred speech" while his kids and guests were inside the residence. "He was certainly under the influence of something that was altering his normal way of functioning," Randy Jackson recalled. The brother said he confiscated all the drugs he could find and was downstairs getting something to eat when he heard Jackson had "collapsed."Randy Jackson also testified that his family staged at least 10 interventions to try and get the pop star off various addictive prescription drugs. Randy Jackson said he picked his brother up off the floor, put him on a bed and raced around the corner to get a doctor. He said the doctor gave Jackson something to "counter" the effects of the overdose and said not to leave the pop icon's side. "Somebody should sleep next to him, make sure he doesn't vomit or choke, anything like that," the doctor said, according to Randy Jackson. He recalled as many as 10 attempted interventions with Jackson that started in Taiwan during one of the singer's tours and also included an intervention in a New York hotel in 2000, about "four or five" surprise trips to Neverland Ranch and an attempt at Jackson's Las Vegas residence after the 2005 trial. Randy Jackson said he even wrote a letter to all his family members explaining his concern that his brother was an addict. "I copied everybody on it. Everyone. I made sure everybody knew it. I would say he has — he's an addict, and at this point, addicts aren't so responsible for what they do," he said. He said it was "upsetting" to him that Rwaramba seemed to be supplying drugs to his brother and then calling him to pick up the pieces. He said he would race to pharmacies to confront her over her actions. Randy Jackson said his brother didn't like the interference and would "isolate" himself, especially during the last year of his life. "I wasn't afraid to say no to him. So he would really -- he would, like, get physical with me because — and I wouldn't be afraid to say no to him. But he's like 90 pounds, so it wouldn't do much," Randy Jackson with a laugh. Asked if his mom believed Jackson had a problem, Randy Jackson said she was "in denial." "She didn't want to believe it," he said. He said Jackson knew how to "sweet talk" his mom. (NYDailyNews)
First deposition was on Nov 6, 2012.
Q: Do you know Grace Rwamba?
A:Yes, and fired her too.
Q: Why?
A: Because he asked me to.
Q: Your brother Michael did?
A: Yes
The attorneys stipulated the firing occurred in 2004/2005.
Randy said he and Michael were pretty close, since they were close in age. Randy said he doesn’t remember when it was the last time he spoke with MJ. He said MJ was traveling.
Q: Did you call him in 2009?
A: I don’t remember
Q: Did you see him in 2009?
A: I don’t remember
Randy said Frank Dileo was MJ’s manager. “From what I understand until my brother passed,” he explained. There was a time he was the manager, then not manager, then manager again, Randy said.
Q: Your brother didn’t want to see you and you went to see him?
A: Yes
Q: Couple occasions?
A: Yes, 3 or 4 times
I wanted to make sure he was ok, Randy testified.
MJ’s brother said one intervention was in Vegas, then in NY then LA. Randy remembered 3 times and intervention being attempted. Because I had received call that he had been abusing prescription drugs, Randy said. Grace called him, he’s sure if she called anyone else. Randy said it was around the time of the trial, doesn’t know if before or after, not sure. MJ was staying in Vegas. Randy said he went there with Jackie, Rebbie, maybe Janet, maybe Marlon. Randy said he spoken with Grace, the other siblings spoke with her too. “We may have had a conference call.”
Q: Have you ever believed MJ was abusing prescription drugs before?
A: Yes.
Grace called Randy before about MJ using prescription drugs. He said she called him two or 3 times before. Randy confronted MJ every time Grace called him. Randy said security told him MJ didn’t want to see him. Just drive in and walked in the house. The gate was open, I just drove in walked in.
Q: Did you see MJ?
A: Yes. I told him him I was taking him to rehab,” Randy said. “He said he was not going. I said you are, he said I’m not
MJ didn’t go to rehab. Randy said the other siblings told MJ the same thing, to go to rehab.
Q: Did he admit having a problem?
A: No
Q: Did he deny he had a problem with prescription drugs at that time?
A: No
Q: Did he say whether or not he had a problem with prescription drugs at that time?
A: No. No he didn’t say it
They were with MJ for 2 hours. Randy said MJ told him ‘Don’t worry, I’m okay. I’m not gonna go.’
Q: Did he seem ok?
A: At the time yes
Q: Did you leave thinking he had a problem?
A: Yes
Q: When was next discussion?
A: That may have been the last time, maybe. There were prior times. It was just around the Santa Maria trial, Randy said. “It was after, I think.”
Q: Up until the time of his passing you never discussed it with him again?
A: No
Q: Why not?
A: I hadn’t gotten call from Grace or anyone
Randy said Leonard Rowe told him MJ may have prob w/ prescription drug. He guessed it was around time shows in London were being prepared. Randy: No, let me correct that. Initially we were playing on our tour, the brothers tour. There was concern then.
Q: Did you ever discuss that with your parents?
A: Yes
Q Their reaction?
A: Displeased
Q: With?
A: Him not getting the help that he needed.
Randy said he doesn’t know if the parents talked to MJ. Randy and Janet had a doctor in the mix for the Vegas intervention. He was an experienced interventionist, Randy testified.
Q: How did you know that?
A: He told me
Q: Had you met him before?
A: No. Internet, maybe
Q: Was this Mr. Webb?
A: No. I don’t recall
Q: Besides siblings and the doctor was there somebody else who went?
A: I don’t recall who the 2nd guy was. I didn’t arrange it, Janet knew
They talked to MJ while there, Randy said. He doesn’t remember specifically what was said, but that the family loved him, wanted to help. Randy said he met the interventionist doctor at Madeo for lunch, probably met doctor one time prior as well. He said he wanted to know just what they do and what is the procedure here, what they suggest. Randy discussed MJ’s stint in rehab before with the singer. Randy said he thinks it was one time that MJ was in rehab. Randy said he told the doctor there had been prior attempts to get MJ help and they weren’t successful, needed professional help. Randy discussed with the doctors the attempted interventions. Randy did not speak with the doctors again after that. Besides Michael, just security was present.
Q: You mentioned another one in NY?
A: Yes
Randy believes the NY attempt happened prior to the Vegas time. He said he was worried about MJ, about “prescription,” “prescription abuse.” Grace had called Randy each time. Janet, Rebbie and Tito were with Randy in NY. It happened in early to mid-2000. Grace called him, he called the family, other family members, Rebbie, Tito, Janet, Randy said. You need to get down here, Randy said Grace told him. She didn’t need to say anything else. “Because, my brother,” Randy explained. Randy went with family only to the NY intervention.
Q: Did he agreed to see you?
A: I guess, I just walked in.
He wouldn’t go Randy said about his attempt to take MJ to rehab.
Q: Did you tell him to go?
A: Yes
Q: Did he tell you he wouldn’t?
A: Yes
Randy doesn’t remember the details of the conversation, whether MJ admitted or not abusing prescription drugs. MJ didn’t go to rehab, Randy didn’t tell the parents, he said he didn’t want to stress them out. Randy called Grace. “She told me that he cleaned up,”
Q: How?
A: Because I was there, probably.
Randy testified the brothers just talked to him. “Just tell him that his family loves him, concerned for him.”
Q: Did he clean up after LV intervention?
A: Yes
Randy: He stopped using these things, as fas as I know, he stopped using it. I learned it from Grace, pretty much Grace. Randy doesn’t know how he cleaned up. The intervention at the Ranch occurred after NY. He got a call from Grace “You need to get down here.” Randy told siblings, Rebbie, brothers, Janet. They had another conference call. The parents were not on the call. Randy: I think my mom found out about the Grace. My family went with me, he said.
Q: Did you mom go?
A: I think so. Janet, Rebbie, no Marlon, not sure LaToya, no Jermaine, Tito maybe, Jackie
Randy said he just walked in. One the brothers went over fence to open the gate
Q: Because security won’t let you in?
A: Yes. We don’t ask
MJ didn’t want to go to rehab that time either. The brothers stayed a few hours. It was just family, no doctors.
Q: Believe your brother had problem with prescription drug?
A: Yes
Q: Did MJ deny he had a prob with prescription drugs?
A: Yes
Q: He also refused to go to rehab?
A: Yes
I didn’t believe him, Randy testified. Just leaving there all the brother talked about it, Randy said. Other family members didn’t believe him either. My mom didn’t believe it, Randy explained. “But it’s my mom, she didn’t want to believe it.”
After the Las Vegas intervention, Randy said he watched MJ clean up. He was around, it was around Santa Maria trial. He just did it and got ready for the trial, Randy explained. MJ never discuss any drug problem with Randy ever.
They were at the Ranch for 2/3 hours. Randy discussed with MJ the Ranch intervention after. I told him I wanted him to go to the therapist with me, Randy described. He said this was after Santa Maria trial, which took over things
Randy said he went to visit Frank DiLeo in the hospital after he was in a coma. He knew DiLeo for 20-30 years. Randy learned DiLeo came back as MJ’s while the O2 show was being put together.
Q: Was he a good manager?
A: Yes
Q: Did MJ talk to you about his burned scalp?
A: Yes. He said it was painful.
I went to visit him at the hospital, Randy said about MJ. He never discussed with MJ insomnia, sleeping problems.
Randy did not know about MJ taking anesthesiologists on tour. Randy said he never saw MJ take prescription drugs or illegal drugs. He never heard of propofol or diprivan prior to MJ’s death.
Q: Did your brother ever discuss taking medication to sleep?
A: No
I never got a call about illegal drugs, Randy explained.
Q: When did you first come to believe MJ had a prob with prescription drugs?
A: I guess it was Grace.
The first time was in Los Angeles, she called me, Randy said. It was around 2000, year 2000. She just told me she was concerned, Randy described. “Because he was using prescription medication too much.”
Q: What medicine?
A: Sedatives, whatever they call them, sedatives.
Randy didn’t talk to MJ about it at this point. He talked to Rebbie. “I was investigating about it, talking to people around him.” Randy: Also, as I recall, I tried calling a doctor in Vegas and a doctor in Florida, but they wouldn’t talk to me about it. Randy said he forgot the doctors’ names. He talked to doctor friends he knew about his concerns of MJ’s prescription drug abuse.
Q: Was he addicted?
A: I don’t know, I wasn’t sure, I wasn’t clear on it.
Randy: Just excessive use, maybe, I don’t know if I would call that an addict, I’m not a doctor.
Q: Did he ever tell you he had a problem with prescription drugs?
A: No.
Q: Did you ever discuss you believed your brother had a problem with prescription drugs with your mother?
A: Yes
That was after the second attempted intervention at Neverland, Randy testified, which was the same as the one his mother attended. Randy said he had a phone call with his mother, he initiated the conversation. I told her that we need to plan an intervention and that, her being a mother, because she was there.
Q: Did your mother ever tell you she believed your brother had problem w/ prescription drugs?
A: No, no, she didn’t tell me that believed
Randy said he and his father tried to call MJ while he lived at Carolwood home. “We were unsuccessful,” he said. Randy: There was a drug issue. He wasn’t eating. All of these things were happening at the same time. And, you know, a lot of pressure. Randy: Leonard Rowe was involved very much in the shows and was giving reports to me that he didn’t look too good. Randy said they were concerned about prescription abuse around the time MJ was living at the Carolwood house. Randy had already selected a rehab facility to take MJ. It was in the Bay area, San Francisco. The same place were interventionist worked
Randy said his brother didn’t drink. “I never seen him drink alcohol.”
Q: From 2000 until the time that your brother passed were there periods you believed he didn’t problem with prescription drugs?
A: Yes
Second part of the deposition was taped on March 26, 2013.
Randy said Michael enjoyed touring.
Q: Why do you say that?
A: Well, because we like to tour, perform.
Q: Did you ever see any signs he was on prescription meds on tour?
A: No.
Other than the times Randy described in the last deposition, she said saw signs MJ was on prescription medications at home. Randy said this was in 2005 at the Shadow Wood home in Beverly Hills. “He was under the influence of something.” Randy said his speech was slurred. Then Grace, his nanny, would tell me all the time, “You need to get over here. Something’s not right.” I went over to help him out and take everything away as I could, Randy testified. Grace called Randy again to come over. “She needed help with him. He wasn’t doing so well.”Randy: We had discussed this before, so I kind of knew what was going on.
Q: And what did you see when you went over there?
A: He was certainly under the influence of something that was altering his normal way of functioning. I tried to get help him some help.
Randy said he tried to take everything away, from Grace too. “It was ironic because she was giving it to him but complaining about it.” Randy said some prescription drugs were in Grace’s name. “It was upsetting to me. I think she had a hard time saying no to him.”
Q: You just looked around the house and took bottles?
A: I made her show where everything was.
Randy: Because what good would it be to help him if you’re leaving stuff there?
Randy said there wasn’t much to talk to MJ then. “Yes, I could talk to him but I’d pick my moments. I’d wait till he’d be a bit more in tune
Q: Did he tell you what he was taking specifically?
A: No
Q: Did you do anything else besides take it away?
A: I went downstairs, I think he had some friends over. And I went downstairs to eat something.
Randy: They ran downstairs and told me that he had collapsed. And I went upstairs. I picked him up, put him on the bed, it was pretty late. Randy: And as I recall, I called my doctor who lived literally around the corner. My doctor came over and took care of him, said he’ll be ok Randy said the doctor gave MJ something that would counter, help counter whatever it is he had done. Just let him rest it off. Somebody should sleep next to him, make sure he doesn’t vomit or choke, anything like that, doc told Randy. Randy instructed one of the Cascios to sleep next to MJ. He stayed overnight as well. Next morning, Randy said MJ was sleeping pretty late. “I wanted to make sure he was ok, then I left,” he said.Randy asked MJ next day if he remembered what happened. He said MJ replied “no, no, but I heard.” He said he took it to help him sleep, and he said it was a mistake and that he was sorry about it, Randy testified. I was just kind of taken aback by it, maybe, he said.
Q: Did you have concerns about MJ at that point?
A: Yes
Randy: I staged several interventions and set up, tried to get him help many times.
Q: You mentioned Grace would call but was getting him medication?
A: Yes. A few times I would meet her at the pharmacy.
Interventions: NY, Neverland, Las Vegas
Q: Were there any other?
A: It was more than one at Neverland.
There were a few over there. I don’t know, maybe 4 or 5, Randy responded. It was around 2004, 2005. Or 2005-06. Randy said he was spending a lot of time with him, so he kind of got close look at what was going on.
Randy wrote letters to my family about MJ’s problem and that they had to do something to help.
Q: Who did you send the letter to?
A: Everybody, copied everybody. I made sure everybody knew it.
Randy: He’s an addict, and at this point, addicts aren’t so responsible for what they do. Randy: So this is where the family needs to step in and do something about it because their desire becomes physical.
Q: Did you send it to your mother as well?
A: Everybody got a copy of it.
He wrote the letter down on paper and had assistant copy it. He said not everybody in his family looks at email.
Q: Did you get responses?
A: I think everyone was in shock, maybe a little denial. I always got responses, my dad, Rebbie and Janet, always
Randy: No, my mom no. As a mom, I guess maybe it was hard for her, you know, for a mother to see that.
The 4-5 interventions at Neverland were between 2004-2006. “One of them included my mom,” Randy said. Rebbie and Janet went on all of them, except one or two.
Q: Describe the 3-4 additional interventions:
A: First one at Neverland, not the one that KJ was present. Janet, myself, Rebbie. Maybe my mom was at that one. I think my mom was there.
Katherine was at one intervention only, Randy said. “That must’ve been the first one, around 2002-2003, at Neverland.
Randy said Rebbie and Janet were always supportive, always with him. “My dad also.”
Q: What happened when you arrived at Neverland?
A: I think that time he wasn’t there.
Randy didn’t speak with MJ that day. He said people would tip MJ off. “So it’s bad news. Randy’s coming to shake things up.”
After Vegas, there were no more interventions, Randy said. “I tried to get him help but I couldn’t get as many people to stage intervention” Randy tried to jump the gate a few times. “My dad and I tried a few times to get him help.” Shadow Wood home was 50-thousand square feet. Randy said he hated it, it was just too big.
Randy: Michael wouldn’t want to really be around his family too much, I think because he didn’t want us to see him that way, specially me
Q: Could you give a range if years that this was happening?
A: It happened over a period of time, when I was, he stopped doing it also.
Randy: When I was helping with the situation in Santa Maria I was able to make it stop. I fired Grace, stoped it from coming in.
Randy said MJ would really, really enjoyed being around his children. He would cook for them. He was in a great place, Randy said. “Then Grace came back around and he started using it again. I was very pissed off about it.” Randy said he started right before Santa Maria trial but he got MJ clean. He told Rebbie “don’t leave his side” because I didn’t trust Grace. Randy: I fired her again, I noticed when she was around there was a pattern. Whenever she’s around, he’s wasted. So I fired her again.
Q: Were all of the interventions were before the Santa Maria trial?
A: There was one after, the Vegas was after.
Randy: He was using it again because there was a… it was quite disturbing to me. Randy: There was a People Magazine article coming out talking about his drug use. Grace told him that I was behind putting this article out. Randy: Grace and actually Raymone Bain because I fired them both. I fired them both that’s probably whay they said it, Randy opined. “It had nothing to do with me.”
Randy said MJ got people in his family to sign a letter that was on People Mag saying he never used drugs. “I was really disturbed by that.” He said he wasn’t behind the article, but didn’t sign the letter. Janet, Rebbie and his dad didn’t sign it either. The letter was MJ’s idea, Randy said.
Q: Did you mom sign it?
A: My mom, LaToya, all my brothers.
Randy: My mom, you know, she would mever want to believe it. She’s a mom, you know. I felt bad for my her.
Randy: Did she ever believe he had a problem? Yeah, but I think she was in denial, she didn’t want to believe it.
Randy: MJ didn’t want to talk to me too much. Because maybe I wasn’t afraid to say no to him.Randy: He would get physical with me, I wouldn’t be afraid to say no. But he was 90 pounds, it wouldn’t do much.
Randy said MJ was really scared before the Santa Maria trial. And somehow Grace was able to get him something. Randy: He didn’t want to go to court. He didn’t show up to court. And I was freaking out because it was on the news. Randy: I went to hospital MJ said “I don’t know what you’re thinking. I’m not walking into that courtroom so don’t even think about it Randy. Randy: And I said “Okay, but you are going to court.” He goes “No, I’m not.” Q: Was he in the hospital because he had reaction to his drug use? Randy: No. He was in the hospital because he didn’t want to go to court. Randy said that when Grace was around MJ, he was under the some kind of influence. “But we had him go to court and had the doctor with him”. Randy: Then I later found out she had gotten him a patch. I was livid. Randy doesn’t know what kind of patch it was. He said MJ had slurry speech. “He was really frightened to go to that courtroom.”. Randy: He didn’t know who to trust, because people around him were lying to him, telling him things just to secure their positions.
Those were the only two times Randy saw him under the influence. “I’d get calls from Grace all the time,” he said. Randy said the last time Grace called was a long time ago. “I made my presence known, there wasn’t lot more. She didn’t need to call.”Randy: He was doing good in Ireland from what I recall. 06-7, 07-08 around that time.
Q: Do you know if he slept well while on tour?
A: He slept well
Randy said MJ had no issues sleeping that he knew of.
Randy: My dad and I tried to get the house at Carolwood. They wouldn’t let me through. My brother didn’t want me to see him like that.
Q: Who did you see there?
A: Security guard.
They told Randy “he’s not here, he’s not there.” Randy questioned if he wasn’t there why they had the gate closed. “Open it up, no big deal” After being turned down, Randy would then go home.
Q: After Carolwood, did you or father take any other action?
A: No, after that time no.
Randy talked about interventions in NY, Neverland, Las Vegas. And there was another intervention in Taiwan.
Q: Did you go to Taiwan?
A: Yes, with Rebbie and some family members
MJ was doing shows in Taiwan. Randy said what spurred him to go to Taiwan was the fact that he needed help, he was far away, we said we need to go. Randy: I didn’t know anything but we had heard things. That’s why we were there. Randy said in Taiwan they visited him, gave him family love, wanted to make him feel comforted so he wouldn’t think about doing those things
Q: Did he seem he was using drugs at that time?
A: Yes, his speech was slurred, but nothing terrible.
That was probably the first one, the first intervention, Randy said.
Q: Was MJ isolating himself?
A: Yeah, he would do that.
Q: Was he doing it in the 5 years before his death? Isolated?
A: Oh, parts, parts of it.
Q: Did you speak with him regularly?
A: I don’t talk to anyone in my family regularly.
Sometimes he would isolate himself because he didn’t want people to hear his voice Randy said.
Q: Because he might be using drugs?
A: Yes
Randy: After MJ died, everyone was shocked. I was really displeased with all the stuff that was going on in court with Branca, Weitzman. Randy: We were still trying to figure out how to grieve, and these people are in court, and will, and this nonsense. I haven’t even buried my brother yet, Randy said.
Randy said he pushed everything to the side and was getting together this memorial for him and did it with AEG, Kenny Ortega and those guys.
Q: Did you have a positive experience with AEG?
A: Horrible! (laughs) No, I’m just joking. They were nice. They were very nice.
Randy: I practically slept there to put the show together.
Q: Do you recall telling Randy Phillips that you see that Michael was fortunate to have AEG involved in his return to the stage?
A: I don’t remember saying that, but that doesn’t mean I didn’t say it. I kind of felt that way at the time.
Zusammenfassung von Ivy, MJJC #69
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
Day 64 - forts. zeugin Kathy Jorrie
Day 65 - zeuge Kenny Ortega
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 #50Zuletzt geändert von rip.michael; 15.08.2013, 09:41.
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LA-Times
Debbie Rowe: Michael Jackson's doctors competed to give pain meds
By Jeff Gottlieb
August 14, 2013, 1:51 p.m.
Often in tears, Michael Jackson's ex-wife Debbie Rowe testified Wednesday that doctors seemed in competition to see who could give him the most powerful painkillers.
Oft in Tränen sagt MJs Ex-frau Debbie Rowe am Mittwoch aus, das Doktoren in Konkurrenz waren Jackson das stärkste Schmerzmittel zu geben.
“Michael had a very low pain tolerance, and his fear of pain was incredible, and I think the doctors took advantage of him that way,” said Rowe, the mother of the singer's two oldest children.
"Michael hatte eine wirklich geringe Schmerztoleranz und seine Angst vor Schmerzen war groß und ich denke die Ärzte nutzten ihn in dieser Weise aus" sagt Rowe, Mutter der 2 ältesten Kinder des Sängers.
Rowe spoke in a folksy, informal manner on the stand, coming across as someone who truly cared about the singer.
Rowe sprach in einer volkstümlichen, informellen Weise im Stand, kam rüber als jemand der sich wirlich um den Sänger kümmerte.
Rowe said that dermatologist Arnold Klein took over Jackson's pain management but that plastic surgeon Steven Hoefflin would call the singer and say, "I have a better drug."
Rowe sagt das der Hautarzt A. Klein Jackson Schmerzmanagement übernahm, aber der plast. Chirug Steven Hoefflin würde den Sänger anrufen und sagen "Ich habe ein besseres Medikament."
At one point, she said, she found a bottle of the powerful drug dilaudid on Jackson's counter that Hoefflin had prescribed. She said she told Jackson not to take it.
An einem Punkt sagt sie fand sie eine Flasche eines starken Mittels Dilaudid in Jacksons Ecke, die ihm Hoefflin verschrieb. Sie sagte Jackson er solle es nicht nehmen.
“These idiots were going back and forth the whole time not caring about him," she testified.
"Diese Idioten gingen vor und zurück die ganze Zeit und kümmerten sich nicht um ihn" sagt sie.
Rowe, who worked for Klein, said she was concerned that Jackson was not getting better.
“Klein was not doing what was best for Michael," she said. "The only physician who who ever cared for Michael was Allan Metzger,” his internist, who was treating Jackson for lupus.
"Klein machte nicht was am besten war für Michael" sagt sie. Der einzige Arzt der sie jemals um ihn kümmerte war A. Metzger", sein Internist, der Jackson wegen [lexicon]Lupus[/lexicon] behandelte.
She said Jackson began receiving pain medication after his scalp was burned during the filming of a Pepsi commercial.
Sie sagt Jackson begann Schmerzmittel zu erhalten nach seiner Kopfhautverbreunnung von einem Pepsi-Commercial.
Rowe said she was with Jackson about 10 times when Hoefflin gave him the anesthetic propofol when he was undergoing various procedures, such as collagen and botox injections. She said Klein also gave him propofol. She said Klein had five or six other patients whom he knocked out when they were undergoing cosmetic procedures.
Rowe sagt, dass sie ca. 10mal mit Jackson bei Hoefflin war wo er ihm Propofol gab während er unterschiedliche Prozeduren machte wie Collagen und Botox-Injektionen. Sie sagt Klein gab ihm auch Propofol. Sie sagt das Klein 5 oder 6 andere Patienten hatte, die er ausnockte wenn sie sich kosmet. Behandlungen unterzogen.
She said there were times when extensive scarring in Jackson's nose made it difficult for him to breathe and that he needed a painful injection of steroids in his nose to bring down the swelling.
Sie sagte, es gab Zeiten, da umfangreiche Narbenbildung in Jacksons Nase es schwierig für ihn machten zu atmen und er brauchte eine schmerzhafte Injektion von Steroiden in seine Nase, um die Schwellung herunterzubringen.
On at least two occasions, Hoefflin put Jackson out with propofol and didn't do anything other than put tape in his nose, Rowe testified.
Bei mind. 2 Gelegenheiten hat Hoefflin Jackson unter Propofol gesetzt und machte nichts anderes als ihm Nasentaps in die Nase zu geben, sagte Rowe aus.
However, she said she was not aware of Jackson ever going to Hoefflin's office because he was feeling stress or needed sleep.
Allerdings war ihr nicht bekannt das Jackson jemals zu Hoefflins Praxis ging wegen Stress oder Schlafbedarf.
Rowe said she met Jackson while working for Klein as an assistant who took patient histories and helped schedule appointments with the dermatologist and other doctors. She said she met Jackson when Klein called her in on a weekend in the early 1980s.
Sie sagte sie traf Jackson als Klein sie an einem Wochenende in den frühen 1980er anrief.
"I opened the door to the room and Michael was there. I introduced myself and I said, 'Nobody does what you do better. Nobody. You are amazing, but nobody does what I do better. I am amazing and if we could do these amazing things on regular time, I would appreciate it.'”
"Ich öffente die Tür im Raum und Michael war da. Ich stellte mich selbst vor und sagte "Niemand macht besser was Du tust. Niemand. Du bist wunderbar, aber niemand macht was ich ich mache besser. Ich bin wunderbar und wenn wir diese wunderbaren Sachen in regulärer Arbeitszeit machen können, würde ich es wertschätzen."
Rowe was called as a witness by concert promoter and producer AEG Live. Jackson's mother and three children are suing AEG for wrongful death. They say the firm negligently hired and supervised Conrad Murray, who gave Jackson a fatal overdose of propofol in June 2009. AEG says that Jackson hired the doctor and that any money the firm was supposed to pay Murray was an advance to the singer.Zuletzt geändert von Lena; 15.08.2013, 00:16.
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Jackson's ex-wife testifies about his fear of pain
By ANTHONY McCARTNEY
— Aug. 14 3:19 PM EDT
LOS ANGELES (AP) — Michael Jackson's ex-wife broke into tears on Wednesday when she took the witness stand in a civil case and described the singer's fear of pain and trust of physicians.
Rowe said the pop star trusted doctors to prescribe pain medication to him, but they sometimes tried to outdo each other while losing sight of Jackson's care.
"Michael had a very low pain tolerance and his fear of pain was incredible," Rowe said. "I think the doctors took advantage of him that way."
"Michael hatte eine sehr geringe Schmerztoleranz und eine unglaubliche Furcht vor Schmerzen" sagt Rowe. Ich denke die Äzrte haben ihn in dieser Weise ausgenutzt."
She said she was with Jackson when he received treatments from his longtime dermatologist Dr. Arnold Klein and from another physician, Dr. Steven Hoefflin. The two doctors would try to out-do each other in the pain medications they gave the singer, she said.
Sie sagt wie war bei Jackson als er Behanldung von seinem Langzeit-Hautarzt Dr. A. Klein erhielt und einem anderen Arzt Dr. Steven Hoefflin. Die beiden Ärzte würden sich gegseitig ausstechen darin dem Sänger Schmerzmittel zugeben", sagt sie.
"These idiots were going back and forth the whole time, not caring about him," Rowe told jurors.
"Diese Iditoten gingen zurück und vor die ganze Zeit, kümmerten sich nicht um ihn" sagt Rowe den Juroren.
Rowe is the mother of the singer's two oldest children, Prince and Paris Jackson. She and the pop star were married from 1996 to 1999. Rowe also worked with Klein.
Rowe said she told another one of Jackson's doctors, Allan Metzger, that she was concerned that Klein and Hoefflin were giving the singer too many medications.
Rowe sagt das sie dies einem anderern Arzt, Dr. Allan Metzger erzählte, dass sie besorgt darüber war das Klein und Hoefflin dem Sänger zu viele Medikamente gaben.
"The only physician who ever did anything, the only physician who cared for Michael was Allan Metzger," Rowe said, fighting back tears.
"Der einzige Arzt, der jemals was tat, der einzige Arzt der sich um Michael kümmerte war Allan Metzger" sagte Rowe als sie mit Tränen kämpfte.
She said Jackson respected doctors immensely because they went to school and vowed to do no harm to patients.
Sie sagt das Jackson ungemein Ärzte respektierte, weil sie zur Schule gingen und sich verpflichteten bei Patienten keinen Schaden zu verursachen.
Katherine Jackson claims in her lawsuit that AEG Live failed to properly investigate the doctor convicted of giving her son an overdose of anesthetic in 2009. AEG denies any wrongdoing.
___
Anthony McCartney can be reached at http://twitter.com/mccartneyAP
Edit:
Anthony McCartney @mccartneyAP 13m
Debbie Rowe has been quite emotional so far, wiping away tears for at least half of her testimony so far.
Debbie Rowe ist sehr emotional bislang, kämpft mit den Tränen über die Hälfte der Aussage so weit.
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The Jacksons vs. AEG Live — Zeugen von AEG, 10. Teil
13. August 2013
Am Freitag vergangener Woche wurde der Jury Randy Jacksons eidesstattliche Zeugeneinvernahme gezeigt, die vor dem Prozess auf Video aufgenommen wurde. Die Familie habe seit den 90er Jahren aus Sorge über Michaels Medikamentengebrauch zehn Interventionen versucht. Im Jahr 2005 wurde Randy in Beverly Hills Zeuge einer Beinahe-Überdosis.
Randy sagte, dass im Jahr 2005, während dem Prozess in Santa Barbara, das Kindermädchen Grace Rwaramba ein verschreibungspflichtiges Medikamentenpflaster an Michaels Körper anbrachte. Deswegen habe Michael dann „unter dem Einfluss“ in ein Spital gebracht werden müssen, zum Zeitpunkt, als er eigentlich vor Gericht hätte sein müssen.
Randy arbeitete damals als General-Manager für seinen älteren Bruder.
Der Vorfall dann, der eventuell gefährlich nah an einer Überdosis war, fand nach Michaels Freispruch statt. Randy erhielt ein Telefonat von Grace Rwaramba, die ihm in Panik mitteilte, dass Michael zu viel eines mit ihrem Namen besorgten Medikamentes genommen hatte. Sein Bruder sei verpeilt gewesen und habe undeutlich gesprochen. Michaels Kinder und Gäste waren während dessen im Innern der Residenz. Michael lebte nach dem Freispruch in einem Haus in Beverly Hills mit dem Namen „Shadow Wood“.
„Er stand zweifellos unter dem Einfluss von etwas, was seine normale Funktionsfährigkeit veränderte“, sagte Randy Jackson. Er habe dann alle Medikamente, die er finden konnte, eingesammelt und war unten im Haus, um etwas zu essen, als er vernahm, dass Michael kollabiert sei. Randy sagte, er habe ihn vom Boden aufgelesen, in ein Bett gelegt und sei um den Ecken gerannt, um einen Doktor zu organisieren. Dieser habe dann Michael etwas verabreicht, um die Wirkung der Medikamente abzuschwächen und habe angewiesen, nicht von Michaels Seite zu weichen und bei ihm zu schlafen, um eingreifen zu können, falls er erbreche. Randy sagt, er sei über Grace Rwaramba verärgert gewesen, da sie Medikamente für Michael besorgte und er das ausbaden musste.
Randy erwähnte nicht weniger als zehn Interventionsversuche der Familie, begonnen in Taiwan während einer Tournee (wohl Dangerous Tour 1993), in einem New Yorker Hotel im Jahr 2000, etwa fünf oder vier Überraschungsbesuche in Neverland zwischen 2000 und 2004, und ein Versuch in Las Vegas, nach dem zermürbenden Missbrauchsprozess.
Randy sagt, dass fast immer ein Anruf von Grace Rwaramba vorangegangen sei, wenn er eingreifen wollte. „Wann immer sie in der Nähe war, war er benommen.“ Später habe er Rwaramba gefeuert, dies, nachdem er sie in einer Apotheke antraf, in der sie für Michael rezeptpflichtige Medikamente besorgte.
Michael habe jeweils abgelehnt in eine Rehabilitationsklinik zu gehen und seiner Familie gesagt, es gehe ihm gut. Er habe das Eingreifen der Familie nicht gemocht. Doch Randy war sich sicher, dass sein Bruder ein Problem hatte. Er teilte seine Befürchtungen, Michael könnte abhängig sein, in einem Schreiben an seine Geschwister und Eltern und forderte sie auf, etwas zu tun. „Ich stellte sicher, dass jeder es wusste. Ich würde sagen er hat – er war ein Abhängiger, und an diesem Punkt sind Abhängige sind nicht allzu verantwortlich dafür, was sie tun.“
Bei den Interventionen seien meistens Rebbie und Janet dabei gewesen, ebenso Tito, Marlon und sein Vater Joe Jackson. Ihre Mutter Katherine sei nur ein- oder zweimal dabei gewesen.
Michael habe sich isoliert und die Familie auf Abstand gehalten. “Michael wollte nicht zu oft um die Familie sein, weil er nicht wollte, dass sie ihn so sehen“, sagt Randy. „Er hat sich vor mir versteckt.“ Einmal hätten er und Janet professionelle Suchtspezialisten hinzugezogen.
„Ich fürchtete mich nicht, nein zu ihm zu sagen“, so Randy. Michael sei sogar tätlich geworden. Mit einem Lächeln fügte er hinzu, dass ihm sein Bruder nichts anhaben konnte, da Michael nur so um die 90 Pfund wog.
Früher pflegten die Randy und Michael ein enges Verhältnis – bis in die Jacksons Jahre. Michael und Randy schrieben einige von dessen stärksten Songs wie Shake Your Body, Lovely One oder That`s What You Get (for being polite).
Auf die Frage, ob seine Mutter Katherine auch glaubte, Michael habe ein Problem, sagte Randy, sie habe das verdrängt. „Sie wollte es nicht glauben“, so Randy in der vor Prozessstart aufgenommenen eidesstattlichen Befragung. Michael habe ausserdem gewusst, wie er sie besänftigen konnte.
Von Propofol hatte Randy bis nach dem 25. Juni noch nie gehört. Er habe in den Fünf Jahren vor Michaels Tod kaum mit ihm gesprochen.
Als er und sein Vater Joe einige Wochen vor dem tragischen 25. Juni eingreifen wollten, wurde ihnen von den Sicherheitsleuten der Zutritt zu Michaels Villa in Los Angeles verwehrt. Sie hätten gehört, dass er nicht gut ausschaue. „Da war eine Medikamenten-Problem“, sagt Randy Jackson. „Er ass nicht. Alle diese Dinge geschahen zur selben Zeit, und sie wissen, eine Menge Druck.“
Die Anwälte von Katherine Jackson und Michaels Kinder bestreiten nicht, dass Michael Probleme mit verschreibungspflichtigen Medikamenten hatte, doch es habe auch lange Zeigen gegeben, in denen Michael keine Medikamente nahm. Der Medikamenten-Gebrauch sei auf die Kopfhaut-Verbrennungen des Pepsi Unfalles 1984 und auf einige Unfälle auf der Bühne zurück zu führen.
Auch Randy gab in seiner Aussage zu Protokoll, dass er Michael zu einem Zeitpunkt von den Medikamenten wegbringen konnte. Doch er habe wieder damit angefangen, bevor der Kindsmissbrauchprozess in Santa Maria losging. Obwohl die Vorwürfe ungeheuerlich waren, denen Michael ausgesetzt war, und sein Privatleben nun für die ganze Öffentlichkeit zugänglich ausgebreitet wurde, wusste Randy, dass Michaels tägliche Präsenz im Gerichtssaal wichtig und Pflicht war. So habe er ihre ältere Schwester Rebbie gebeten, Michael nahe zu sein und ihn gut im Auge zu behalten, „da ich ihn jeden Tag in diesem Gerichtssaal haben, und er das durchstehen musste.“ Der Vorfall, als Michael in ein Spital musste sie gewesen, „da Michael nicht vor Gericht gehen wollte.“ Er habe ihn im Spital richtig überreden müssen, damit er schliesslich doch noch ging und sich auch an jenem Tag den Vorwürfen stellte. Die Medien vermuten, dass die Rede vom berühmten Pijama-Tag war.
Obwohl Randy Jackson von den AEG Anwälten mehrere Stunden befragt wurde, zeigten diese der Jury nur etwa eine Stunde seiner Aussagen, in denen es mehrheitlich um Medikamente ging.
Quelle: jackson.ch, nydailynews.com, abclocal.go.com, cnn.com, belfasttelegraph.co.uk
Weiterlesen unter http://www.jackson.ch/the-jacksons-v...-aeg-9-teil-2/
Copyright © jackson.chZuletzt geändert von geli2709; 14.08.2013, 18:06.
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Jacksons vs AEG - Day 65 – August 8 2013 – Summary
Source: ABC7 unless otherwise indicated.
Katherine Jackson is in court.
The judge started out by asking attorneys for a time estimate on the case. Superior Court Judge Yvette Palazuelos said she felt she needed to give the jurors an update on how long they'd be here. AEG Live's lawyers said they hoped to be done with the defense case in early September. There are a lot of witnesses that still need to be called, though, and lots of days the court won’t be in session in late Aug, early Sept. There could also be a rebuttal case, which Panish said would probably currently be about 4 witnesses. There's also closing statements. When the jury came in, Judge Yvette Palazuelos told them her estimate had changed and she thought they’d get the case by the end of Sept. “You can write me a note if that presents a problem,” the judge said. She noted that one juror has already said she needed to be done in August (AP)
Jury entered the courtroom 10:10 am PT. Judge Yvette Palazuelos advised jurors she came up with new time estimate for the trial. Judge: My estimate has now changed. The case will probably be submitted to you at the end of September. "It is what it is," judge said. She told jurors before they would get the case at the end of August. Outside the presence of the jury, AEG attorney told judge he will be done 1st week of Sept or so. Panish said he has 4 rebuttal witnesses.
Kenny Ortega Testimony
AEG cross
Putnam showed Ortega a "Certificate of Employment -- Loan-Out," which Ortega said it's certificate that he works for The K.O. Company, Inc. AEG Live had an agreement with K.O. Company for the services of Ortega. Putnam: Did you understand you were an employee of AEG Live? Ortega: No P: What were you employee of? O: K.O. Company. "I was only contracted, and we were only focused, on the London tour at this time," Ortega explained. Ortega's contract was executed on April 26, 2009. "I believe I was paid in advance of signing," Ortega said. In his deposition, Ortega was shown documents to refresh his recollection. Putnam showed him the same documents. Ortega looked at the document and said he was paid on May 11, 2009, which is after he signed his contract. Putnam: You were paid after the contract was executed, right? Ortega: That's what appears in this document. Ortega said he has put himself in the position of working prior to signing a contract. "It's what I call working in good faith." "It's sort of common in the industry," Ortega said. Putnam: If you don't reach an agreement, you could work and not get paid? Ortega: Yes. "I can recall specifically, but I'm sure in my 40-something years in this business that has occurred," Ortega testified.
In Ortega's contract, there is a provision for bonus in case "This Is It" tour went around the world. "The shows were not booked or guaranteed," Ortega said. "That's what I think Michael hoped to do, but wasn't booked." Putnam: If tour was successful, you already have in your agreement what you'd be paid in bonus, correct? Ortega: That's what I understand it's in my contract
Ortega's contract does not have a signature line for Michael Jackson. Putnam read Murray's contract were it says the contract is not valid unless MJ consented to it and asked if Ortega has that in his contract. Ortega went thru all the pages of his contract and said: "I do not see that anywhere."
Putnam: Did you consider it a tour? Ortega: We called it tour, term used in the industry, but we weren't really touring, it was 1 venue. "People were calling it a tour but it was more like an event," Ortega explained.
"He told me he only wanted me," Ortega said about Michael Jackson's wished that he be the director. Putnam: Is it fair to say you were the "TII" director because of MJ? Ortega: Yes. Ortega said he doesn't remember who he said reached out to him first regarding the tour in his deposition. Putnam showed Ortega's deposition transcript. "In deposition, I remember it to be Dr. Tohme," Ortega said. In a deposition related to Lloyds of London litigation, Ortega also said Dr. Tohme first reached out to him regarding TII. In Dr. Murray's criminal trial, Ortega said it was Paul Gongaware. Putnam: Do you remember as you sit here today who first contacted you? Ortega: I'm not really certain. Ortega said he didn't really know who Dr. Tohme was, have never met the guy at that point. Tohme said he called on behalf of MJ.
Ortega testified he never really fully understand Dr. Tohme's role related to MJ. He thought was a friend. Regardless of who contacted him first, Ortega said he was hired because Michael Jackson wanted him.
Ortega said AEG Live and MJ were co-producers of the show. Ortega said he reported to Michael Jackson for the creative side of the tour and regarding budget/financial matters he reported to Gongaware. Ortega explained he dealt with Gongaware regarding technical things, like moving dates to new rehearsal venue, delivery of stage parts, etc. Ortega would discuss with Michael about hiring someone and the director would go to Gongaware to get the contract drawn and the person hired. Ortega did not discuss with Gongaware anything related to creative matters. "Because the creative person was Michael, and myself," Ortega explained. "We talked about these things together and I'd go with Michael's blessing to Paul to begin the process," Ortega explained. "I'd go and say 'this is what we'd like,'" Ortega said. Putnam: Did he ever tell you you couldn't get something? Ortega: No. "He would just make it happen," Ortega said. He could not recall Gongaware denying anything. "Final say would be Michael," Ortega said. "Michael had final creative say." Putnam: Why? Ortega: Because he was brilliant and he knew what he was doing. "At the end of the day, creatively, we trusted Michael knew what we needed," Ortega said.
Ortega said February, March and April MJ was very involved in the creation of the show, would show up a lot. "A lot meaning 3-4 times a week," Ortega clarified. He said things changed as they were moving to the Forum, which was end of May.
Putnam: Who did you consider your boss? Ortega: Michael. Ortega: I thought of MJ as my partner, I didn't think of him as my boss. But MJ always had the final creative say in all the years we worked.
Putnam: Did you ever see AEG pressure Michael in any way? Ortega: No Putnam: Did you feel AEG Live supported MJ? Ortega: Yes . Ortega: Everything we brought to AEG, in terms of enormous creative needs, that AEG was very supportive in doing all they could. Ortega said he would ask Gongaware for more and more things to create the show. Gongaware never denied anything. He said there were professional discussions like 'is this something you really feel it's going to benefit,' 'do you really need this.' Ortega: I think we were getting in a place were we had a ceiling, because we were already with a fat budget. Ortega: But at the end, I believe they thought Michael had what he wanted.
Ortega said he learned from Randy Phillips that Dr. Murray was responsible to get MJ to rehearsals on June 15, 2009. He explained he didn't think Phillips was involved as much in MJ's scheduling, but was overseeing it. Ortega said he never spoke with Timm Wooley about scheduling. "I looked at Mr. Phillips as the promoter, Michael's promoter and producing partner," Ortega testified. Ortega: In this stage of the game, Mr. Phillips took on overseeing position to make sure the schedule was responsible for Michael. Ortega: I think they were trying to create a schedule to factor in all of Michael's needs (like family) and still could come to rehearsal.
Putnam asked about June 19, 2009. "I'll always remember June 19," Ortega said. Putnam asked if Ortega testified before he thought MJ had a really bad case of flu. "I supposed I might have suggested it could look that way," Ortega said. "It would've been a really, really bad flu." Putnam asked if throughout the night on June 19th, if MJ got better. Ortega said yes. Putnam: He was coherent? Ortega: Yes P: Warmed up? O: A bit P: More engaged? O: Yes P: Calm? O: Yes. "I felt somewhat calm when we left," Ortega said. But he said he was still concerned, thus the email he sent to AEG high ups. Ortega: It didn't appear to me it was drugs, it appeared to me it was something else, emotional. Putnam: It never crossed your mind it could be drug related? Ortega: No, I was thinking it was something else. Putnam: You have never seen Mr. Jackson like that before? Ortega: No.
Ortega sent an email after seeing MJ that way because he thought Phillips and Gongaware should know about it. There was a meeting scheduled next day to address MJ's problems on June 19. Ortega said he thought it was a responsible way to deal with it, and pretty immediate after the fact. At the meeting, Dr. Murray told Ortega to stay out of it and to leave MJ's health for him to take care. Dr. Murray told Ortega to quit being an amateur doctor and that MJ was physically fit to show, the director recalled. Putnam: MJ assured you that he was fine? Ortega: I didn't feel assured. Ortega: He said don't leave me, I'm gonna take the reins, you'll see I'm going to change this. He seemed absolutely committed at that point. Ortega: Murray started up saying I had no right to not allow Michael to rehearse that night and that I had no right to send him home. Ortega testified he said: 'Wait a minute, that's not at all what happened.' The director recalled Dr. Murray said MJ told him that. Ortega: I looked at Michael and asked him to tell what had happened, that I didn't forbid Michael of anything. Ortega said, at one point, MJ told him he was going home. "I said yes, go home, tuck your children in, feel better," Ortega described. Ortega: I did think it was right he didn't rehearse that night, I did think it was the right thing he went home. Ortega said Dr. Murray told him to be the director and to quit his concerns with Michael Jackson's health because it was not his job. Ortega: I'd like to think that Michael would not set me up that way, I'd like to think Dr. Murray misunderstood Michael. Ortega said Michael explained in the meeting that what Dr. Murray said was not what had occurred.
Putnam: Did you talk about drugs in that meeting?
Ortega: No
Putnam: Did he (Murray) offer any explanation of what happened to MJ the night before?
Ortega: I don't believe so.
Ortega: I worked with 10,000 people in the Olympics, how can I be responsible for everybody's health? "Adults are responsible for their own health," Ortega opined.
Putnam: Do you think MJ was being responsible with his own health?
Ortega: I didn't think he was being very responsible, but it was his responsibility, in my opinion.
(Jurors were writing vigorously at this point. Juror number 6 looked over at Katherine Jackson)
Ortega: I wanted to take care on him, you want to take care of someone when something is not right, but you can't be responsible.
Putnam: Were you responsible for MJ's health?
Ortega: No.
Someone on behalf of Michael Jackson contacted Ortega to be part of the HBO special. Ortega never asked MJ about his rehab stint or any drug use. Putnam: Did you have any reservation to work with him after rehab? Ortega: No P: Why not? "Because he came out of rehab," Ortega said. "He was moving on with his life in a healthy way, hopefully."
Putnam: Did you ever talk to him about nutrition?
Ortega: As a general idea
P: Physical therapy?
O: Yes
Ortega said he would talk to MJ, as a performing artist, and ask if he was focusing on nourishment, health, warming up, stretching, sleeping. MJ wasn't really fond of massage, Ortega said. "Don't forget to eat, get some rest," Ortega would tell MJ. The singer would smile and answer "okay" in a very loving way, Ortega recalled. Ortega said MJ liked to be in a certain kind of place (weight) to execute his moves and to get the look he wanted. "I might have been a little concerned (with his weight) when I brought that up, yes," Ortega testified.
Putnam: In your opinion, was Mr. Jackson always skinny?
Ortega: In the early years I worked with him he was light, lean performer. "He was strong," Ortega said. But 20 years later, when Ortega worked with MJ in the "This Is It," the director said MJ was much different.
Ortega's first time working with MJ was in the "Dangerous" tour. He said he may have been director of the project. It was in 1992-93. Ortega said he usually likes to stay in tour until everything is working to everybody's satisfaction. He said it may be 4-5 shows or 8-10.
Putnam: Did you have any concerns he might have been using drugs then?
Ortega: No
At this time, MJ was living at Neverland. Ortega said they never rehearsed at MJ's ranch, but a stage in Los Angeles.
Ortega was called to help MJ with the HBO special.
Putnam: He seemed well to you?
Ortega: Unhappy
Putnam: Was he physical well?
Ortega: He seemed tired and unhappy, stressed.
Putnam: But at no time you thought he was using drugs?
Ortega: No.
Ortega was present at Beacon Theater when MJ collapsed. He didn't see the artist fall, though. He said security responded quickly, everybody stayed away to give paramedics room to work. MJ was transported to the hospital. Ortega didn't go, because he said he wasn't invited. "Certainly concerned," though, he explained.
"HIStory" tour rehearsal was done in Los Angeles, Ortega said. Putnam: Did you have any concern with MJ's health?
Ortega: I don't recall having any concerns
P: How about mentally?
O: No
Putnam: Were you concerned MJ was doing drugs before "TII" in 2008?
Ortega: No, I saw him.
Ortega said he had dinner with MJ a couple of times, MJ took his children to see High School Musical, and that he looked fined. The director described MJ very excited, even not knowing yet what "TII" was going to be, but feeling exhilarated. Ortega said MJ was being approached by someone from American Idol, also Randy Phillips approached him, they wanted to do something with him. "I think seating in a theater for 5 years in Las Vegas wasn't really attractive to him," Ortega explained. "Michael wanted to get out on the road," Ortega said. Ortega: I was happy for him, because he had been through so much, I wanted him to be the King again. Ortega: I think the arrival of his children in his life brought something he didn't have before. "He seemed exhilarated, excited, like the Michael I always knew," Ortega described. Ortega: He was unbelievable! His reasons for doing the tour were incredible. He was motivated.
Ortega said the meeting on June 20th was at MJ's Carolwood home. On June 23rd, Ortega testified MJ was in great spirits, ready to work. Putnam: Completely different?
Ortega: Completely. Ortega: He seemed healthy, ready and happy, there didn't seem to be any left over issues from the 19th. Ortega said MJ was always a little chill, but not like on the 19th. The director was surprised how quickly MJ got better. "It was like metamorphosis," he said. Putnam asked if Ortega inquired MJ what had happened. "I didn’t pry in his personal life," he replied. Putnam: How was the rehearsal? Ortega: Great. It was one of the best rehearsals we had up until then. MJ was there a number of hours, Ortega said. He went thru a number of songs. Putnam: Had he taken the reins? Ortega: Yeah. Ortega: He was in charge. Not only capable to rehearsing but to talk about other aspects of production, like films, the effects, costumes. Ortega said he just embraced it and went with it. "We were all delighted" Ortega recalled. "The energy in the room changed, hope returned" Ortega: Everybody felt there was a different Michael in the room. Ortega said MJ was almost as good on the 24th as the 23rd. He seemed a little tired from the day before but talked about things for the show. MJ also rehearsed and performed. Ortega said he was feeling they were back on track, believing they were in a new chapter. Ortega felt less excited, deeply grateful about MJ's come back. "Maybe it was a lot of rest," Ortega opined. "He did seem rested, stronger"
Putnam: Did you have concern on the 23rd or 24th he was taking drugs?
Ortega: No.
Ortega said said excitement was pretty unanimous among all the people working on "This Is It."
Jackson redirect
In re-direct, Panish asked: Prior to June 23rd, you thought Michael got real organic sleep?
Ortega: Yes. Panish: And before that you thought he was not having any sleep? Ortega: Yes. Panish: The symptoms he had, did it seem like someone who wasn't sleeping? Ortega: I think that might have been a factor there. Panish asked Ortega to assume MJ was getting Propofol for 60 days then didn't have Propofol the last few days before his death. Ortega: I assumed sleep had to be a part of it, he looked rested.
Panish asked is Ortega saw MJ several times appearing under some kind of drugs during TII. Ortega: It seemed like it was doctor related, so it wasn't like taking drugs but just being under the influence.
Panish: In all your years in the industry, have you ever heard a producer involved in hiring a doctor for an artist?
Ortega: I haven't.
Ortega said he thinks it's unusual for producers to engage attorneys to hire a doctor for an artist. Ortega clarifies that the only artist, "the" artist, was Michael Jackson.
Panish asked if MJ could've been fired by AEG. "No, he was a partner," Ortega responded. He said Michael told him that. Panish: The producer could fire you if they wanted, right? Ortega: I think Michael would not be happy with that. "I assume they could give a good try," Ortega responded. "I assume they could do that but I doubt it would last more than 24 hours." "I don't think producers can fire Tom Cruise," Ortega opined. Panish said movies are different from singers. "I don't think producers can fire Cher," Ortega said.
Panish: Were you ever involved in a show where promoter was buying CPR machine?
Ortega: Not that I know of.
Panish: Were you ever involved in a show where promoter was buying saline, catheter, needles for a doctor?
Ortega: No.
Email from Woolley to Bob Taylor saying Randy Phillips and Dr. Murray were responsible for MJ rehearsal and attendance schedule. "I recalled that Dr. Murray was going to be responsible for the schedule," Ortega said. Earlier in the trial, Ortega testified rehearsal schedule and attendance was up to Dr. Murray and Randy Phillips.
Ortega said, at one point, there was a standstill regarding his contract. Email from Gongaware to Ortega on March 25, 2009: I'm afraid we may not be able to meet your financial requirements for a deal.
Panish: Are you aware of any artist in the world with the drawing power of Michael Jackson? Ortega: I'd think if done right, that Michael would be the highest draw on the planet. Panish: You don't thinkCeline Dion would be bigger? Ortega: I think the Stones come close, McCartney come close. But if MJ was not the number one, he was very close. "He sold 50 shows," Ortega said. "Pretty awesome, historical."
Ortega said he disagrees with anyone who says there's no way MJ could've done 50 shows.
Panish: Did you ever have assistant producer say she was afraid an artist would die in weeks of a show and they actually did die?
Ortega: No
"Yes, he did change over time," Ortega said about Michael Jackson.
Panish: Was MJ perfectionist?
Ortega: That would be something that people would have called him. Ortega: Most of us have never seen anyone work as hard to accomplish something as MJ.
Ortega said he didn't see MJ at practice for a long period of time in June. Panish: In June, he didn't show at all? Ortega: That's correct. "It was fairly obvious he was not moving forward in the rehearsals with this sort of tempo," Ortega testified.
Panish: Did you have concerns about his physical condition on June 14?
Ortega: I'd say yes.
Panish: Sir, did you tell anyone that MJ should've been taken to the hospital?
Ortega: I might have.
Panish: Did you say that after MJ died?
Ortega: No, I think I'd have said it sooner than that.
Ortega suggested another physician, not Murray, come to check MJ out.
Panish: You didn't think Dr Murray was doing a good job?
Ortega: No
Panish: Did you think MJ was irresponsible?
Ortega: It seemed to me that he was in trouble.
Ortega: MJ was very cool, bold, strong in his ideas and what he wanted all through the beginning of the process. "Eventually he started to decline and disappear," Ortega recalled.
Panish: I want you to assume that AEG Live hired Dr. Murray. Would you expect them to hire a fit and competent doctor?
Ortega: Yes.
Panish: You expect AEG to check them out, not being under conflict of interest situation?
Ortega: Yes.
Panish asked if Ortega was doing his job when he sent email w/ concerns. "More than just doing my job, looking out for my friend" he said.
Ortega said Dr. Murray did not have the same mindset as him in the June 20th meeting. Phillips didn't do anything to stop Dr. Murray's admonishment of Ortega in the meeting, Panish said. Ortega agreed. Panish: Did you ever learn that Phillips was grabbing Dr. Murray's arm? Ortega: I never heard that. Panish asked if Ortega knew how much pressure AEG was putting MJ and Dr. Murray on. He said no. Panish: Did you heard Murray walked out and said he couldn't take this s**t anymore? Ortega: No, I never heard that. Ortega then opined: If Michael ever heard you talk like that it would not be appropriate. Isn't that right Mrs. Jackson? Katherine Jackson nodded in the audience in agreement. "In respect of why we are all here for, that's not nice," Ortega said on the stand.
Ortega said he never told Faye MJ had to face his fears; used the word tough love, may have said the show could be cancelled if not ready.
AEG recross
Putnam did re-cross.
Ortega: Michael had not performed in 10 years. Whether he'd command the world like he had before remained to be seen. "However, the sell out at the O2 for 50 shows showed he still had drawing power," Ortega opined.
Putnam: Did you see Michael deteriorate over 8 weeks?
Ortega: I would've not used the word deteriorate to describe what I saw.
The week of June 15th is when Ortega grew concerned with Michael Jackson. Ortega said nobody came up to him on the 23rd or 24th expressing concern about MJ. They did on the 19th but not after MJ came back on 23rd.
Putnam: Would it be surprising to you that the Rolling Stones have a doctor on tour with them right now?
Ortega: No.
Putnam: You just don't know some of those things, right?
Ortega: Yes.
Putnam: Have you ever worked on a tour where an artist was $400 million in debt?
Ortega: Not to my knowledge.
Putnam: Have you ever worked on a tour where the artist could not afford his daily expenses?
Ortega: I don't believe so.
Putnam: Have you ever worked on a tour where the promoter/producer was advancing all daily expenses?
Ortega: It's possible, I don't know.
Putnam: Have you ever worked on a tour where artist was unable to pay his personal doctor?
Ortega: I don't think so, assumption on my part.
Putnam: Who introduced you to Dr. Murray?
Ortega: Michael
P: Did AEG introduce you to him?
O: No
P: What did MJ say?
O: This is my doctor.
Putnam asked if AEG checked if the doctor was licensed and if he had been disciplined, if it was responsible thing to do. Ortega said yes. Putnam: If they weren't hiring Dr. Murray, would that responsibility be above and beyond anything they needed to do, in your mind? Ortega: I think that would've been responsible.
Putnam: Did Mr. Phillips ever tell you he wanted MJ to come on tour?
Ortega: No
Jackson redirect
In re-re-direct Panish: Would it be responsible to place a doctor in a conflict of interest had they hired him?
Ortega: In my opinion, no
AEG recross
Putnam in re-re-cross asked if it's common practice to check a doctor's credit report prior to hiring him. "I wouldn't think it would be something that would be the norm," Ortega responded.
Putnam: Do you think it's responsible for a studio to hire Kenny Ortega if he were in debt? Ortega: I've been there and they hired me. Putnam asked if being in debt diminishes your capability. "I don't think so," Ortega responded. Ortega: Being in debt doesn't change your talent, your gift, your ability.
Jackson redirect
Panish in re-re-re-direct: Do you have access to a prescription pad?
Ortega: No
-----------------------------------------
Putnam and Panish took turns in asking out-of-the-ordinary questions regarding responsibility to Ortega. Jurors were laughing out loud with the exchange between the attorneys. The director kept his composure and responded to all questions. Ortega was dismissed, subject to recall in AEG's case in chief. When the director got up, all jurors clapped for him. He thanked the jurors, kissed Mrs. Jackson, shook hands with Shawn Trell and left.
Zusammenfassung von Ivy, MJJC #68
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
Day 64 - forts. zeugin Kathy Jorrie
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 #50Zuletzt geändert von rip.michael; 15.08.2013, 09:27.
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Jacksons vs AEG - Day 64 – August 7 2013 – Summary
Source : ABC7 unless otherwise indicated
Kathy Jorrie Testimony
Jackson cross
Brian Panish, attorney for the Jacksons, doing the questioning.
Jorrie brought copy of the contract she used as template to draft Dr. Conrad Murray's agreement. She also gathered an estimate AEG paid her law firm since 2000, covering 14 years of work. Panish asked if it was in excess of $7.2 million. Jorrie: It's my estimate that my firm received a little over $ 7 million since 2000, which is about $500,000/year for services for AEG Live.
Panish: Did you say you negotiated probably 75 agreements with artists?
Jorrie: It's about 75, but it could be more, all for AEG Live.
Panish: Where you representing Michael Jackson when you were preparing Dr. Murray's contract?
Jorrie: I was not.
Regarding the LAPD conversation, Panish asked Jorrie if she was represented by Marvin Putnam in that meeting. She said no. "I really didn't feel like I needed representation in that meeting, sir," Jorrie said. "I was a witness." Panish asked if Jorrie represented herself, since she is a lawyer. She said she doesn't know how to answer, you always rep yourself as attorney. Jorrie met w/ LAPD twice in her office. Det Smith questioned her, Putnam and Deborah Brazil, one of the DAs prosecuting Murray, were present
Panish: Do you remember telling me yesterday that you never told LAPD that MJ was engaged to go on worldwide tour?
Jorrie: Yes
Panish: Do you remember you denying telling the police department that statement?
Jorrie: Yes
Panish asked if after reviewing LAPD's interview, Jorrie contacted Det. Smith to fix it. She said no, read it only months later.
Panish: Did AEG ever enter into a tour agreement with Michael Jackson that required him to do a world tour?
Jorrie: Yes
Jorrie explained some things had to happen before the world tour could take place. She said the world tour was contemplated, but it didn't mean it was going to happen. Jorrie explained that if the parties agreed, then the tour could go on beyond London. Jorrie said Dr. Tohme was a manager for Michael Jackson during the time they negotiated the tour and continued until the time of death. Michael Jackson's contract with AEG was signed on Jan 26, 2009.
Panish: Did you ever have reservations in January 2009 about Dr. Tohme?
Jorrie: I did
Jorrie said she googled Tohme and couldn't see he was a music manager. Panish asked Jorrie if she checks people on google. "That's usually my first step in the process," she responded.
Panish: And you recommended that a background check be done on Tohme, right?
Jorrie: As an alternative, yes.
Panish showed email Jorrie wrote regarding Dr. Tohme and her concerns if he was the "real McCoy." Jorrie explained she recommended at minimum that someone meet w/ MJ to make sure he understands he's entering into worldwide tour agreement. Jorrie said background check was not done on Dr. Tohme, at least to her knowledge. She didn't do one.
Jurors were shown letters and emails Jackson wrote saying Tohme was not his representative, although concert promoter and producer AEG Live acted as if he were. Jorrie expressed reservations about Tohme as early as January 2009, five months before the singer died. In an email to AEG executives, she wondered "whether or not he is the real McCoy... Nonetheless, I recommend that a background check be performed through a private investigator and/or at a minimum, that someone at AEG Live meet with Michael Jackson to make sure he understands that we are entering into a tour agreement with him that will require him to perform a worldwide tour.” No private investigator was hired. A copy of the email was sent to Peter Lopez, one of Jackson’s attorneys. On April 22, 2009, Jackson wrote Phillips, “This letter shall serve to confirm that I am not using Dr. Tohme for tour production management services and that I do not intend to use Dr. Tohme in the future for tour production management services or with respect to other event related matters. "Therefore, you are not authorized to pay Dr. Tohme or any of his affiliated companies for any such services in connection with my upcoming tour or any future tours or other events..." Jorrie testified she did not see the letter before Jackson died on June 25, 2009. (LATimes)
Jorrie explained promoters and producers can and do negotiate third party vendors agreement as part of the business. The attorney said she was very much involved in drafting Michael Jackson's agreement with AEG.
Panish said Jorrie refused to have her deposition videotaped. Jorrie explained she was not properly notified about video deposition.
Dennis Hawk, Tohme Tohme and Michael Jackson's company received a copy of MJ contract with AEG, according to Jorrie's deposition. Panish: On January 28, Mr. Tohme approved the cost in excess of $7.5 million, correct? Jorrie: On January 28, Dr. Tohme had provided written approval that MJ company had approved certain production costs. Jorrie said it's actually June 28, 2009, not January as she previously stated. MJ died on June 25, 2009. Panish: At the time of MJ's death, are you aware of anyone approving production costs in excess of $7.5 million that was in the contract? Jorrie: I'm not privy to everything, so I don't know.
Panish: Did you ever see a written agreement for more than 31 shows as stated on the contract?
Jorrie: No, not that I recall.
Panish: The agreement specified the territory of the tour as the world, correct?
Jorrie: Correct
Panish shows contract of Michael Jackson with AEG. The contract says the shows were not to exceed 1 per day and 3.5 shows per 7 days. Panish asked, if under the contract, Michael Jackson was prohibited to tour except if done with AEG. Jorrie was not allowed to answer, since it calls to interpretation of the contract. Jorrie said she sent the contract to Michael Jackson's representatives.
Panish: And the term was Dec 2011 or conclusion of world tour, whichever occur later, right?
Jorrie: That's what it says in the paragraph.
Panish: Did you ever learn Tohme ceased being MJ's manager?
Jorrie: To my best recollection, that issue came up after Mr. Jackson's passing.
The fact that Tohme stopped representing MJ came up and it's in litigation, Jorrie said. Jorrie said Howard Weitzman, attorney for Michael Jackson's Estate, told her about Tohme in connection with litigation several years ago. Frank DiLeo may also have told her, she said. There's also litigation about it as well. Jorrie said she doesn't recall if Weitzman was the first person who told her about Dr. Tohme not representing MJ at one point.
On June 28, 2009, there was a meeting at John Branca's office with all the higher ups for AEG and MJ's representatives. Jorrie was involved in drafting a consent agreement for Tohme to sign.
Panish: AEG was out $34-plus million at the time?
Jorrie: I believe so, perhaps more.
Panish: On that day you questioned if Dr. Tohme was an officer of Michael Jackson's company?
Jorrie: I did.
Panish: And that day you didn't have anything in writing approving $34 million in expenses?
Jorrie: Correct.
Jorrie said she believed Dr. Tohme was an officer of MJ's company prior to June 28, 2009. Paul Gongaware may have been the one telling her. During the meeting on June 28, Jorrie said Tohme told her, personally, that he was an officer of Michael Jackson Company, LLC.
Panish: Did you look up to see if Dr. Tohme was an officer of MJ's LLC?
Jorrie said in Delaware you can't check officers for LLC online.
However, on June 28, 2009, three days after Jackson died, Tohme was given a document to approve payment of the $34 million AEG had advanced the singer. Jorrie testified the document was drawn up by her and Shawn Trell, AEG Live's general counsel. The document, signed by Tohme, said he was an officer of Michael JacksonCo. LLP and had authority to act on the company's behalf. A Jan. 14, 2009, email from Jackson attorney Dennis Hawk to Jorrie said the singer was "the sole officer" of the company "and will be the signatory to the contract on behalf of the entity.” Jorrie said AEG executive Paul Gongaware, a defendant in the suit, may have told her Tohme was an officer of the Jackson's company. Included in the document were 35 pages of expenses that Jackson supposedly owed AEG. Jorrie testified that the document was never sent to Jackson's lawyers, even though it was handed to Tohme in the office of one of them. (LATimes)
Panish inquired if Jorrie could've asked MJ directly if Tohme was an officer of his company. She said yes, if she felt it was necessary.
Panish: You never spoke with Michael Jackson, did you?
Jorrie: Not once.
Panish: Who signed the tour agreement on behalf of Michael Jackson's company?
Jorrie: Michael Jackson.
As of January 2009, Michael Jackson was the sole officer and signatory of Michael Jackson Company, LLC. Jorrie received that information from MJ's attorney, Dennis Hawk.
Panish: Before MJ died you had nothing in writing that MJ was not the sole company officer?
Jorrie: Nothing in writing was provided to me.
Jorrie said in the meeting they were getting consent from Tohme that production expenses had been approved by MJ's company.
Panish: But you needed someone approved by MJ's company, right?
Jorrie: That's why we had confirmation he was an agent.
Total expense was around $34 million, plus $7.5 million that was pre-approved based on the contract resulted in $27 million outstanding. The document was prepared by Trell and Jorrie prior to the meeting at Branca's office.
Panish: AEG had $27 million out there that they had spent?
Jorrie: That's my understanding.
Panish: And you and Mr. Trell had a document you gave Tohme at the meeting?
Jorrie: Yes.
Panish: And the word "consent" was there?
Jorrie: I'm not sure it was there.
Panish showed Jorrie a letter from Michael Jackson to Randy Phillips on April 22, 2009. The document, signed by Michael Jackson, terminated Dr. Tohme's representation as his manager. Jorrie said she does not recall seeing it.
Letter from Concerts West to The Michael Jackson Company, LLC Jorrie helped draft, dated June 28, 2009. 1.I hereby confirm that Artistco (MJ) approved the attached budget of expenses which includes Production Costs and Pool Expenses. 3.The undersigned Dr. Tohme Tohme represents he's officer of Artistco, has full authority to act on behalf of Artistco/to sign this document
Panish: You never asked Tohme after MJ died if he was an officer of MJ's company?
Jorrie: That's right.
Jorrie: He confirmed to me, at the meeting, that he was an officer of Michael Jackson's company.
Panish: Did you see any document saying Tohme was an agent of Michael Jackson's company?
Jorrie: I had not seen any such documents.
Panish: Did you make any effort to confirm Tohme was an officer of the company? Jorrie said she spoke with Tohme about it.
Panish asked if Jorrie inquired John Branca, MJ's attorney, if Tohme was authorized to sign on behalf of Michael Jackson Company, LLC. "I didn't ask him that question," Jorrie said. Panish asked if she discussed w/ Branca about Tohme signing the doc. Jorrie said she didn't. Panish said the document she handed to Tohme has a budget attached to it. Jorrie said she did not review the attached budget. Jorrie said budget was given to her by Gongaware. Panish asked if the budget included payment of $150k/month, times 2 months, for Murray. Since Jorrie testified she didn't read the document, there is no foundation for her to answer the question. Judge sustained the objection. "I had nothing in writing that said Tohme was an officer of Michael Jackson's company," Jorrie testified. Panish asked if Jorrie saw the attached budget. "I never looked at that, that was Paul's job," she answered. "I have never seen a single piece of paper saying Tohme was not an office of the company," Jorrie said. Jorrie: Why would the Estate approve the expenses then, sir? Panish argued Jorrie doesn't know what's on the budget, so how does she know the Estate paid what's requested. Jorrie: I know Dr. Murray was not paid because he was not entitled to be paid. Panish: Was Dr. Tohme there on the budget for $200,000? Objection, sustained (since she had not read it.) Judge told Panish to move on or she will cease the examination.
Panish: Mr Trell never told you about this document (MJ's termination of Tohme)? Defendants objected again based on attorney-client privilege
Cross examination by plaintiff’s attorney Brian Panish continued this morning. He hasn’t yet asked about Conrad Murray’s contract. He has spent a lot of time on Michael Jackson’s touring agreement with AEG Live, asking Jorrie about terms in it. Panish has also been asking Jorrie about whether any authorization for tour expenses above $7.5 million was obtained before Jackson’s death. No authorization was obtained from Jackson. Before the break, Panish asked about a form that Jorrie got MJ’s former manager Tohme Tohme to sign a few days after Jackson’s death. (AP).
Judge sustained the objection and ordered lunch break. Outside the presence of the jury: Judge Yvette Palazuelos to Panish: You keep invading attorney-client privilege. As to the budget -- she keeps telling you she didn't review it. Any question about the budget is without foundation. I don't want to waste time with that, over and over. I know you understand the ruling, I assume you have nothing better to ask. "If you don't move on I'll shut down the examination," Judge Palazuelos told Panish. Panish explained what he was trying to do, that Jorrie volunteers and continue to volunteer what is not asked, almost more than any witness. Panish: It's improper what she did, your honor. As member of the bar, she knew as of January that this person was not officer of the company Nonetheless she, as concerned he was not the real Mccoy, brought document to him with $34 million for him to sign off. Bina said it was done in good faith, Tohme told her he was an officer of the company. She said DiLeo also told Jorrie MJ approved the budget Panish: When she says my client told that, why can't I ask about communication about that? Judge ordered Panish to move on or she will finish his examination.
After lunch, outside the presence of the jury, Panish told judge he's excluding anything that's potential violation of atty-client privilege. Panish asked the judge to strike testimony of Jorrie when she issued opinion that the Estate didn't pay Murray because he wasn't entitled to. Jacksons attorneys want the judge to tell the jurors to disregard it, since the implication is the Estate didn't recognize contract as valid.
Jorrie explained she doesn't recall working on agreements where AEG was both producer and promoter of the show. Jorrie said she never worked on a contract for a doctor to go on tour, except for Michael Jackson.
Email from Murray to Wooley: I am basically in agreement and reiterate that your memo is correct pursuant to our conversation of May 8, 2009 As for good faith with my client I'm sure that you are aware that my services are already fully engaged with Mr. Jackson.
Jorrie said she doesn't recall receiving or seeing this email. Murray never told her he was meeting with AEG people regarding his contract. Panish: Did Dr. Murray ever tell you he met with AEG personal at anyone's request? Jorrie: No. Wooley did not tell Jorrie that Dr. Murray's services were being rendered.
Panish: Did you ever tell Dr. Murray he could not perform work without a fully executed contract?
Jorrie: Of course not.
Jorrie spoke with Murray about getting medical license to work in the UK. She knew Brigitte Segal was looking for housing in London for him. Panish asked if it was in anticipation the contract would be all signed by July 3, 2009.
Panish: They were undertaking acts that were spelled out in the contract?
Jorrie: Yes.
Panish: Dr. Murray was undertaking acts that were spelled out in the contract?
Jorrie: I was told he was the personal physician for 3 years.
Panish: Regarding pay, equipment, starting and ending date provided by Mr. Wooley and not Dr. Murray, correct?
Jorrie: That's not right, Mr. Wooley didn't give me an ending date, for instance.
Panish showed the template contract Jorrie used to create Dr. Murray's agreement. Jorrie said she took out paragraph 7 about Conflicts. CPR machine was on the list Wooley provided to Jorrie regarding the requirements for Dr. Murray. Panish played video of Jorrie's testimony in Murray's trial. She said in latter part of May, Wooley advised her he needed contract prepared. May 1, 2009 is the commencement of the contract. Jorrie sent the contract to Dr. Murray on June 15, 6 weeks later.
Panish: Did you ever testify that payments had been promised to Dr. Murray retroactively to May 1?
Jorrie: Yes, once the contract was signed
Panish played another part of Jorrie's testimony in the criminal trial. DA asked if irrespective of the contract becoming activated, Murray was contemplating compensation from a period retroactively to 5/1/09. Jorrie: Yes
Panish discussed paragraphs 3 and 4 of the contract, which spelled out the obligations for AEG and Dr. Murray. Panish asked if AEG could terminate Dr. Murray without the consent of Michael Jackson. Jorrie said yes. "He told me his four medical practice was grossing a million dollars a month," Jorrie testified. Panish said $150,000 per month equates to $5,000 a day for 30 days.
Panish: Did you find his website?
Jorrie: No, I didn't find a website.
Jorrie put Conrad Murray and the names of his two clinics on google.
Panish: He was making a million dollars with two clinics?
Jorrie: He said he had 4 medical practice, but I only found 2 clinics.
Jorrie said she could find addresses for only 2 clinics, but Dr. Murray told her he had 4 medical practices. Jorrie explained she looked up Dr. Murray's medical license and two clinics are named. "I don't know for sure it was his companies," Jorrie admitted. "It was my assumption they were his." Jorrie said the clinics were in Nevada and Texas, didn't find anything in Hawaii and California. The attorney said she spent about 10 minutes researching Dr. Murray online. Panish asked if Jorrie charged AEG for the time she spent. She said she doesn't know.
Panish: Sometimes you do freebies for AEG?
Jorrie: Yes, for all my clients.
Jorrie uses Lexis for legal research, she said. Panish asked if she checked how many judgments existed against Dr. Murray. She said not. Jorrie didn't check any pending lawsuits, litigation regarding child support or if Dr. Murray's properties were in foreclosure. Jorrie conceded she could've searched Dr. Murray in Lexis. "I definitely said he (Murray) appears to be successful," Jorrie said about her conversation with Randy Phillips.
Jorrie testified she told AEG Live Chief Executive Randy Phillips that Murray was successful, based on a 10-minute Google search and a conversation in which the doctor told her his four clinics were grossing $1 million a month. She testified that her Internet research turned up one clinic in Nevada and another in Texas.She didn’t discover that Murray was actually deeply in debt. Under questioning by Brian Panish, the Jackson family attorney, she said she hadn’t checked to see if his house was in foreclosure or if he owed child support. “I could have,” Jorrie said. (LATimes)
Panish: And you determined Dr. Murray was successful based on 2 clinics?
Jorrie: No, it was based on my conversation with him and verifying the fact that he was licensed to practice medicine in 4 states.
Panish: Did you tell Phillips Dr. Murray made a million dollars a month?
Jorrie: I think I told him he (doctor) appeared to be successful and may have told him about his practices making a million dollars a month.
Panish: Your successful assessment was based on what Murray told you?
Jorrie: Yes
P: You verified licenses, googled him for 10 mins?
J: Yes
Panish asked Jorrie if Dr. Murray had to shut down his practice in order to work for MJ. She said no. Panish: Dr. Murray could keep, sell or have someone else run his practices as to retain the $12 million/year revenue? Jorrie: Yes
Jorrie never communicated with anyone representing Michael Jackson regarding Dr. Murray's contract. She did not send MJ or his reps any draft of the agreement, but sent them to Shawn Trell at AEG. Dr. Murray called Jorrie on June 23, 2009 and told her he spoke with MJ about extending the end of the contract to March. Dr. Murray would receive salary for 3 months plus without working, since the tour would be off, Jorrie said. Panish asked if Jorrie checked with anyone in MJ's camp whether the artist had indeed approved the extension of the contract. She said no. "I did not check anything with MJ's representatives about Dr. Murray's contract," Jorrie testified. Jorrie sent the last version to Murray on June 23, 2009. All versions said 4.1- Perform the Services reasonably requested by Producer.
Jorrie's files:
Murray Agreement 6-15-09
Revised MJ/AEG/GCA Holdings Agreement 6-18-09
Final MJ-AEG-GCA Holdings Agreement/Dr Murray 6-23-09
Panish concluded cross examination.
AEG redirect
Jessica Stebbins Bina did re-direct of Jorrie.
Jorrie said the names of the files included all signatories of contract. "Because it was for Michael Jackson's physician," Jorrie explained
Jorrie said she values the relationship with AEG, but that does not prevent her from testifying in a truthful manner. Bina asked about the time Jorrie represented Gongaware and Meglen. She said it was a lawsuit filed by the children of Tom Hulett against AEG Live, Paul Gongaware and John Meglen. Panish's old firm represented the children, Jorrie said. It was a trademark infringement case. Jorrie said plaintiffs claimed they were using Concerts West name without permission. "We prevailed in all counts," Jorrie said. Jorrie: My clients received the judgment. It was appealed and the judgment in favor of my clients was affirmed.
"The tour agreement had a potential to be a world tour" Jorrie said. "In order for tour to continue beyond London, the parties had to agree". "Michael Jackson could've chosen not to approve the itinerary," Jorrie said. Jorrie told LAPD detective that the agreement had potential to be extended to a world tour, based on mutually-approved itinerary.
Bina asked about paragraph 11 of MJ's contract, which talked about "Approvals." It says no party can withhold approval unreasonably. Contract Section 8.2 -- Production cost. Initial production advance not to exceed $7.5 million.
Bina: Based on that provision, if they request them (costs), they are responsible for them?
Jorrie: Yes
Jorrie explained, based on the contract, AEG was to recoup all costs incurred for production. Outstanding balance was MJ's responsibility.
Bina showed the document Tohme Tohme signed approving the costs of production. Jorrie said John Branca requested a meeting on June 28, 2009 to discuss several issues, among which how to unravel the tour. Branca was named executor of MJ's estate, had to be approved by probate court.
Jorrie is ordered to be on call to conclude her testimony
Zusammenfassung von Ivy, MJJC #67
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
Day 63 - zeugin Kathleen Ann Jorrie
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
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Jacksons vs AEG - Day 63 – August 6 2013 – Summary
Katherine and Trent Jackson is in court.
Judge Yvette Palazuelos and attorneys spent more than 1 hour and 15 mins this morning discussing boundaries for next witness, Kathy Jorrie. Jorrie is a lawyer who works for AEG and put together Murray's contract. Both sides argued extensively regarding attorney-client privilege. (ABC7)
There were lots of arguments today today about testimony of Kathy Jorrie. Jorrie is an independent attorney who does a lot of work for AEG Live. She's handled almost 300 matters for the company since its creation. The arguments about what Jorrie would be able to testify about today lasted for more than an hour. Jorrie drafted Conrad Murray’s agreement to work on the “This Is It” tour. There were concerns about atty-client privilege, hearsay issues. Katherine Jackson’s attorneys objected to Jorrie’s testimony, saying she was being offered as an expert witness. Attorneys Brian Panish, Kevin Boyle and William Bloss argued that if Jorrie testified, AEG was waiving attorney-client privilege. The judge didn’t totally agree with the plaintiff’s attorneys, but she did want to review a heavily redacted email between Jorrie and AEG Live’s general counsel Shawn Trell. She also told AEG attorney Jessica Stebbins Bina to tread carefully. Panish argued a lot of Jorrie’s testimony about her discussions with Conrad Murray, Trell and AEG Live CEO Randy Phillips were hearsay. The judge wanted to avoid Jorrie from providing a legal opinion about whether AEG Live hired Murray, which is for the jury to decide. Stebbins Bina argued that Jorrie should be allowed to testify about certain conversations because the Jacksons’ lawyers are trying to argue to the jury that AEG ignored warning signs about Conrad Murray. She checked his medical licenses in 4 states (CA, NV, TX, HI). Stebbins Bina said if Murray had failed the “smell test” in talks with Jorrie, it would be reasonable if she stopped negotiating with him. The judge’s ruling was that Jorrie could testify about conversations with Murray that related to changes in his contract’s terms. The judge said it didn’t open up every communication between Jorrie and Murray (or even Phillips and Trell) to scrutiny by the plaintiffs. The judge did review the heavily redacted email after during the lunch break and determined its contents couldn't be shown to plaintiffs. Judge Yvette Palazuelos however said that if something in Jorrie's testimony changed her mind, plaintiffs could review unredacted version. Nothing so far persuaded Palazuelos to release the email to plaintiffs. She said she would keep a sealed copy in the court file. (AP)
Kathleen Ann Jorrie Testimony
AEG direct
Attorney Jessica Stebbins Bina did direct examination.
Jorrie said she's in the business for 20 years. She did undergraduate at UCLA and got JD degree at Hastings College of Law. Jorrie is a partner at a law firm, works in Los Angeles. Her firm is an international company with close to 80 attorneys in the LA office. Jorrie said she splits her work between being a trial litigator and transactional work, one who deals with contracts. The focus of her clients has been the entertainment business. Her clients involve motion pictures studios, television content producers. She also works with movie distributors, satellite providers, live entertainment promoters, etc. (ABC7)
Jorrie said she works with AEG Live and AEG in their live entertainment business. She deals with Shawn Trell (who testified earlier on.) The attorney said she worked on more than 75 tour agreements with prominent artists, Rolling Stones, Bon Jovi, Britney Spears, Kanye West. Over the years, Jorrie said Trell asked her to help negotiate agreements with vendors. She said she normally works on big agreements.(ABC7)
Jorrie worked on third party agreements for "This Is It" tour. She worked on deal with Bravado for merchandising, negotiated stage. Jorrie also did the contract for Dr. Conrad Murray that Michael Jackson requested. "I drafted the version that was sent to Mr. Wooley, who provided my draft agreement to Dr. Murray," Jorrie explained. Jorrie said, to her best recollection, she received a call from Timm Wooley to help prepare an agreement for Dr. Murra in late May of 2009. The attorney never talked to Murray before drawing the first draft. Initial draft was based on basic terms Wooley provided her, Jorrie said. Jorrie: He told me that MJ had agreed to pay $150,000 per month for Dr. Murray, that Dr. Murray was MJ's personal physician.In addition to providing medical care, Dr. Murray would be on call for emergencies, Jorrie explained. Jorrie said nurse would be provided as selected by Dr. Murray and paid for by AEG Live. The doctor would have the air fare to/from London. Also, the doctor and family would be provided housing in London.Wooley said Dr. Murray wanted personal insurance in case he got sick. The payment to commence as of May 1, 2009. Jorrie said he did not say what ended point would be. She put all the terms in the first draft agreement, but most details were missing.Jorrie said she included other important terms: - End date to be end of O2 arena in Sept. 2009 - Termination provision – Indemnity. Jorrie said she sent the draft to Wooley and if he was happy with it to forward it to Dr. Murray.(ABC7)
Jorrie said there were 2 more drafts after the first. She said she looked at other AEG agreement contracts she had prepared AEG as template. Jorrie explained she worked off the base contract and included a bunch of other provisions to the agreement. Jorrie said the "Scope of Services" was a mix between what Wooley requested and her additions. At Wooley's request, she included that Dr. Murray was MJ's personal physician and had been for some time. Jorrie added "services to be provided by Dr. Murray administer those services professionally and greatest degree of care expected." The attorney said Wooley told her that Michael Jackson had asked Dr. Murray to go on tour with him and that MJ would pay for it. Jorrie said she included in the contract "Artist Consent," saying the contract was not enforceable unless and until MJ signed the agreement. She said she added a line for MJ's signature at the end of the document. Jorrie said this provision was included in the 1st draft. She said Murray had no comment regarding the first 2 provisions of the contract. Jorrie said Recital A, Paragraph 9 and wording above MJ's signature explained Dr. Murray was hired on behalf of Michael Jackson. (ABC7)
Jorrie explained the Termination provision that allowed AEG to terminate the contract with Dr. Murray. Termination: 1- in event there was a default of the agreement by the doctor 2- in the event series of concerts postponed or canceled. Termination: 3- if artist decided he no longer wanted or needed Murray 4- failed to maintain all licenses and approval to practice medicine. Termination: 5- failed to submit written evidence that he was legally authorized to practice medicine in US.Termination: 6- no later than July 3rd, evidence he was allowed to practice medicine in the UK. (ABC7)
Jorrie said she believes she sent the email to Wooley/Dr. Murray on June 15. She testified she never received any documents from Dr. Murray. Jorrie said Murray called her on 6/18/09: 1- Murray and MJ relationship 2- Some of changes he wanted made 3- Couple of questions Jorrie had. The attorney said the conversation about Dr. Murray and MJ relationship did not result in any change to the contract. Jorrie: The changes he mentioned to me during the call, he wanted his company GCA Holdings to be the contracting party instead of him. Dr. Murray also wanted to change provision where Jorrie referred to nurse. Jorrie explained Dr. Murray said he wanted flexibility to have a "qualified assistant medical person," who could be another physician. Another change requested was to provision 7.7 regarding termination, Jorrie said. (ABC7)
Jorrie: He also let me know he was license to practice medicine in 4 states and gave me the states.Jorrie: Dr. Murray told me he preferred to have GCA Holding as contracting party and he as employee of the company. Jorrie said that it was okay but she wanted Dr. Murray on the contract also. Jorrie: I asked why you needed another physician as opposed to a nurse. He told me in case he was unavailable or tired. Jorrie said Dr. Murray wanted to have the flexibility to have someone on stand by, payable for by AEG Live. Jorrie said ultimately she made the changes. Dr. Murray was the one who would identify who this medical person would be, but never did.The attorney said Dr. Murray told her he was licensed to practice medicine in California, Nevada, Texas and Hawaii. The first payment was to be no later than 5 days after contracted was fully signed by everybody, including Michael Jackson. (ABC7)
Dr. Murray wanted to modify section 7.7, termination either because MJ decided he didn't want him anymore or the concert canceled. As a result, he would not want to be in a position he would have to refund any part of his payment. Payment was due to him on the 15th of the month to cover from 1st-30th. If he were terminated on the 20th, he wanted to keep full payment. Jorrie: My response: Dr. Murray, $150,000/month is a lot of money! Jorrie said Dr. Murray told her he had 4 medical practices making a million dollar a month, and it was not fair to have to return money. Jorrie: Murray said under no circumstances he was leaving his practice if when terminated he couldn't keep the whole 150,000 received. Jorrie explained that provision 7.7 detailed what happened if there was a termination. Dr. Murray asked her to limit that provision. Jorrie: He had asked to be able to retain the full payment for the month he received. "He thought it would be fair and appropriate due to him leaving his established medical practice," Jorrie explained. (ABC7)
Jorrie said she asked Murray about the CPR machine. The doctor provided a list of equipment he needed to Wooley, who in turn sent to Jorrie. Jorrie: I asked Dr. Murray, why do you need a CPR machine? He said he needed one in London, MJ puts on a strenuous performance. Jorrie asked if O2 arena didn't have one. He said he didn't want to take risks, wanted one at hand. He also told her it's customary. "Giving Michael's age, giving his age, and that he puts on a strenuous performance, he just didn't want to take a chance," Jorrie said. Jorrie recalled there was other equipments on the list, normally for dehydration purposes, like saline and catheter. Contract said "producer to provide medical equipment portable CPR, saline, catheter, needles, gurney and other mutually approved equipment." Jorrie: Our conversation concerned London, he said he needed one (CPR machine) in London. (ABC7) The attorney told jurors that she spoke to Murray about an agreement she drafted that would have paid him $150,000 a month to accompany Jackson to London for 50 concerts. She said she questioned the doctor about a request in the contract for CPR machines, but she was satisfied with his response that the singer's shows were strenuous and he needed lifesaving equipment nearby if there was an emergency. (AP)
Jorrie said she took the information she got from Dr. Murray, went online and checked it out. The attorney said she went to the Nevada Secretary of State to check if GCA Holdings, LLC was indeed a valid company. Jorrie said she checked the medical boards Dr. Murray told her he was licenses and googled the doctor. Jorrie testified GCA was a proper company and Dr. Murray was the manager of it. She added the address on the contract and Dr. Murray's title. Jorrie said it was very easy to check the medical licenses. She went on the Medical Board websites and checked his licenses in all. "There was no disciplinary action against Dr. Murray," Jorrie said. She checked in California, Nevada, Texas and Hawaii. Jorrie testified she did the medical license check on June 18, 2009. (ABC7) Jorrie testified Tuesday that she reviewed records that showed Murray's Nevada clinic had a valid license, the physician was licensed to practice medicine in four states and she searched his name on Google. (AP)
She said she sent the draft to Dr. Murray, but the email bounced back. She then sent email to Wooley asking him to forward the contract to Murray. Jorrie said she also attached a comparison doc with the redlines marking the changes she made for easier understanding.(ABC7)
Jorrie explained it's her practice to save doc as "final pdf version." She said it is a personal indicator that the final version was sent. The attorney told the jury once the contract is fully executed, she saves it "fully executed."(ABC7)
Jorrie said she was asked by the general counsel to see if she could ask Dr. Murray for the medical history for insurance purpose. "Dr. Murray said he had told me he had been MJ's physician for a period of time," Jorrie expressed.
Bina: Did you send this email because you believe Dr. Murray was MJ's physician? Jorrie: Yes.
Jorrie asked that if Dr. Murray was not the right doctor to provide records, if he could please direct her to the appropriate physician.
The attorney said Dr. Murray told her he would help. (ABC7)
Jorrie explained she had 3 drafts of Dr. Murray's agreement. GCA would actually provide the services of Dr. Murray, Jorrie said. The $150k would be paid not to Dr. Murray, but to GCA Holdings. Jorrie changed Provision 3.4 at the request of Dr. Murray, from nurse to qualified medical person (assistant) Change in 7.7: If there's termination, GCA shall have no obligation to refund any portion of any installation due and payable before. Jorrie said Dr. Murray called her again on June 23, 2009 asking for some more changes. (ABC7)
Jorrie spoke with Randy Phillips on June 19, 2009 on an unrelated matter and Dr. Murray's subject came up. It was phone conversation, she relayed Dr. Murray was licensed to practice in 4 states. "I checked out, or confirmed the info," she said. Jorrie testified she told Phillips Murray appeared to be very successful in his practice, may have told him about a million dollar a month. "I definitely told him he's very successful in his practice," Jorrie said. "I confirmed he was licensed to practice in 4 states." (ABC7) Kathy Jorrie, an independent attorney who has handled nearly 300 matters for AEG Live LLC, said she told the company's CEO that the physician was properly licensed during a conversation six days before Jackson died in June 2009. Jorrie said she also told the executive that former cardiologist Conrad Murray told her his medical clinics were earning more than $1 million a month. (AP)
Jorrie: AEG Live has been a consistent client of mine since 2000. Approximately 300 matters have been opened in 12 years.(ABC7)
First change was the effective date, from June to May 1, 2009, Jorrie said. Jorrie: He said he was promised that when the agreement was signed he would've been paid retroactively to May 1, 2009. (When Bina asked about payment provision, Panish objected to prevent Jorrie from expressing her opinion about the contract. Judge: I'm going to strike the entire testimony if she keeps interpreting the contract.) Jorrie: He wanted to extend, by about 5 months, his engagement. Jorrie asked if MJ would be paying him even though the tour would be on break. He said yes. End date changed from Sept, 2009 to March, 2010. 1- Scope of Services -- it had language saying perform services reasonably requested by "Producer." Jorrie: Murray said we need to change that to Artist, it's the artist who's my patient. I said absolutely right, the artist if your patient. Jorrie said provision 4.1 also says "Perform the Services reasonably requested by Producer.".Jorrie: I didn't change it to Artist because Murray didn't draw my attention to that and I didn't remember that language was in there twice. Jorrie said if she had seen it, she would've changed it to Artist, not Producer. (ABC7) Jorrie also told jurors she mistakenly left language in a contract that Murray signed that called for him to perform services "reasonably requested" by AEG Live. (AP)
Bina asked if on June 23 Jorrie discussed with Dr. Murray to get MJ's medical history. She said yes. Jorrie revised the agreement, emailed to Dr. Murray on 6/23/09: saying 'I have attached a clean pdf version, which is ready for execution.'Jorrie said she sent 3rd version of the draft to AEG Live. She didn't send it to MJ or his reps, was not in communication with MJ about it. Jorrie explained it was never her understanding that MJ's medical records would have been sent to her but to insurance underwriter. Jorrie: Late in the evening on June 24, I received a fax with a document signed by Dr. Murray. I forwarded a copy to it to Mr. Trell. Jorrie said neither Michael Jackson nor AEG signed the contract. (ABC7)
The attorney said she has negotiated with third party vendors before without showing the drafts to the artist. Jorrie: The reasons is that attorneys for the artist would have the document exactly like they wanted. Judge: How do you know if you don't talk t the artist that the agreement is what the artist's want? "Sometimes we enter in agreements the artists never see," Jorrie told the court. Jorrie said this is the first third-party vendor agreement she was involved with a medical doctor. (ABC7)
Jorrie sent Dr. Murray the last version on June 23rd, Dr. Murray faxed it back on June 24th.
Jorrie said she didn't talk to Murray about specific treatment he was giving to MJ. "He didn't tell me anything he was doing to treat MJ." Bina: Did Dr. Murray ever ask you for payment? Jorrie: Never. (ABC7)
Jorrie explained paragraph 4 of the contract, which detailed the responsibilities of GCA/Dr. Murray. Jorrie testified she discussed with Dr. Murray the requirement for UK medical license either on June 18 or 23. Jorrie said July 3, 2009 was the date Dr. Murray was planning to go to London with Michael Jackson. Bina showed the last page of Dr. Murray's agreement. Under the signatures, it is dated June 24, 2009. Jorrie said she put that date since she thought the parties would've signed the contract that day. "I do not know if Michael Jackson would've signed the agreement," Jorrie testified. Regarding the reference that AEG hired doctor at request of MJ, Jorrie said she never did this on any other agreement on behalf of AEG. "Because we're talking about Michael Jackson's physician," Jorrie explained. (ABC7)
Recap: June 15th -- first draft written, sent to Dr. Murray June 18th -- negotiation with Dr. Murray began, over the phone. June 19th -- checked medical license, business standing June 19th -- spoke with Phillips about it. June 23rd - Murray called asking additional changes June 23rd - third draft sent to Murray June 24th - Murray signed it and faxed it back (ABC7)
Jorrie emailed Dr. Murray one more time after that related to the insurance for the tour. (ABC7)
She maintained throughout her testimony that Murray was Jackson's personal doctor and the language about him performing services for the promoter shouldn't have been in the agreement. Jackson's approval was required on the contract, but he died before signing it(AP)
Jorrie said she first spoke to Murray on the phone on June 18, after he reviewed an initial draft of the contract. He asked that his company's name be added to the contract and that a provision allowing him to hire a nurse as an assistant be changed to a "qualified assistant medical person." "I had asked him, 'Why would you need another physician as opposed to a nurse?'" Jorrie testified. "And he told me that in an event that he was not available or he was tired, he wanted the flexibility" to have a back-up. Murray asked that he be responsible for hiring the additional doctor, but did not provide a name, Jorrie said. The attorney testified that she ultimately agreed to the change.Murray also requested that should his contract be terminated early, he would not be required to refund his $150,000-per-month payment. Jorrie said Murray told her that his medical practices brought in "a million dollars a month" and because he was leaving those practices for the tour, "it'd be fair and appropriate" that he keep the full payment he had received. Jorrie said she also spoke to Murray about his request for medical equipment. Woolley had provided her a list of items the doctor might ask for, she testified, and she wanted to know why a "CPR machine" was on the list. "He said he needed it in London during the performance, Michael Jackson puts on a strenuous performance and that he did not want to take a chance," she said. "That should anything go wrong, should there be an emergency, etc., he wanted to have that."
When she asked if having a machine available at the O2 Arena would suffice, she said Murray said no. "He said they would" have the machine, she said, "but that he didn't want to take a chance." After speaking to the doctor, Jorrie said she searched online to confirm some of his background. She verified his company was based in Nevada and that he had medical licenses in four states. She also "Googled him," she said. "I Google everybody." Jorrie said she attempted to email the revised contract to Murray, but the email bounced back. She then sent it to Woolley, who forwarded it to the doctor. Murray called June 23 with additional changes that involved when his payments would begin and extending the time of his services from September 2009 to March 2010. Murray told her Jackson had agreed to pay his monthly salary for that extended time frame, she said. Jorrie said she sent Murray another draft based on the changes. The next day, she testified, she received a copy of the agreement via fax that had been signed by Murray. The attorney testified that she never directly communicated with Jackson or sent the singer or his representatives any versions of the contract, though there was a space set aside for the pop star's signature. The empty line on the contract shown to jurors Tuesday was dated June 24, which is when Jorie said she expected the parties involved to sign the final agreement. Jackson died the next day.(LATimes)
Jackson cross
In cross examination, Panish asked if Jorrie is an independent witness. Jorrie: I don't understand the question, Mr. Panish. Panish: Are you being paid for the work you've done in this case? Jorrie: I'm not being paid as I sit here today. (ABC7)
Panish asked if her company has received millions and millions of dollar from AEG. She said since 2000, yes. Panish inquired if Jorrie is friends with Randy Phillips and Paul Gongaware. "I'd like to think all my clients are my friends, Mr. Panish," Jorrie explained. "They are business friends." "I'm aware that Mr. Gongaware was sued one time, but I want to be absolutely certain," Jorrie said.Panish: Professionals keep itemization of the work they do, don't they? Jorrie said she keeps tabs of the work she does. Panish asked if Jorrie hires expert witnesses. She said yes. He inquired if professionals keep itemization. She said yes. Panish: Have you ever paid an expert $700,000? Jorrie: I have not. (ABC7)
Panish asked if Jorrie brought the contract she used as basis for drafting Dr. Murray's contract.Jorrie said she has it in her office. Panish asked to see it, she said she can provide it, redacting the name of the third party. (ABC7)
Jorrie charges AEG $595 per hour. She said she's not billing AEG for the testimony today. Panish: How much have you billed AEG related to the "This Is It" project? Jolie: Work started in October 2008. Jorrie asked if it included litigation. Panish said yes. Jorrie: Of all matters related to This Is It? Panish: Yes. More than 20 million? J: Of course not P: 10 million? J: No P: 5 million? J: No. Jorrie said she can have her accounting department put together a spreadsheet with all she has billed AEG. (ABC7)
Panish said Paul Gongaware and John Meglen were sued for stealing the name Concerts West.Bina objected, saying the lawsuit was dismissed and Panish was trying to tarnish Gongaware and Meglen's reputation. Judge: Was the case dismissed? Panish: Yes Judge: Then it's not stealing. Please refrain from using that word. Describe it accurately. (ABC7)
Jorrie: For all of those matters, for 12 years, it would be millions of dollars. Panish: How many multi-million dollars has your company been paid? Jorrie: It could be over $5 million for that period of time (since 2000). (ABC7)
Panish: You knew MJ was going on a 3-5 years worldwide tour, correct? Jorrie: That's not correct. Putnam was present when Jorrie spoke with LAPD after Michael Jackson's death. Panish: Did you go meet with LAPD and discussed MJ going to go on a worldwide tour? Jorrie: No, they came to my office, asked questions. Panish: Did you tell LAPD the that MJ was going on a world tour? Jorrie: No. Panish: Did you say European tour was just the beginning and MJ would be making a worldwide tout? Jorrie: Not that I recall. "That's not my statement and I don't recall that," Jorrie testified. Panish: Did you tell LAPD that MJ was going on a worldwide tour after European leg was over? Jorrie: No. Panish: Did Mr. Putnam tell LAPD MJ was going to do a world tour for 3 to 5 years? Jorrie: No. Panish: You denied making that statement? Jorrie: Yes. Not like that. Panish asked if Detective Schmidt is called to testified and said Jorrie told him about MJ going on a worldwide tour, if that's a lie. "He would've been mistaken, Mr. Panish," Jorrie said. "Because he misunderstood what I was saying about the tour.". (ABC7)
Jorrie said she did not bill for the time she testified at deposition. (ABC7)
Panish: Did you tell the police department Dr. Murray took in $12 million a year? "I said that he told me that his 4 medical practices brought in more than a million dollars a year," Jorrie said.Panish: Did you say one million dollar a month? Jorrie: Dr. Murray had 4 practices, I told one million dollars a year and they added up to 12 million. "I spoke with him about the tour agreement and how it would work," Jorrie testified. (ABC7)
Zusammenfassung von Ivy, MJJC #66
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
Day 62 - forts. zeuge Michael LaPerruque; zeuge Eric Briggs; Timm Wooley video deposition
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 #50Zuletzt geändert von rip.michael; 13.08.2013, 19:00.
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Jacksons vs AEG - Day 62 – August 5 2013 – Summary
Katherine and Trent Jackson are in court.
Michael LaPerruque Testimony
Jackson Cross
Deborah Chang, did the cross examination.
LaPerruque said 2001-2004 were very difficult years for Michael Jackson. They were also very busy years. MJ was recording "You Rock My World" single and shooting a short film at the Universal Studios when LaPerruque began working for the artist. Change showed clip of "You Rock My World" with Marlon Brando and Chris Tucker and MJ. The single became part of "Invincible" album. LaPerruque was present when the song was recorded. In 2002, LaPerruque said Blanket was born. MJ was very excited about being dad again. LaPerruque went to New York with MJ to be at the Apolo Theater with President Bill Clinton to encourage people to register to vote.Chang showed clip of President Clinton introducing MJ to the crowd. She also showed the 2003 American Bandstand 50th anniversary in Pasadena and MJ's cameo in "Man In Black 2" in 2002. (ABC7)
Chang started out her cross-examination by showing several clips of Jackson’s work during the 2001-2002 time period. These years were the first time that La Perruque worked for Jackson. Chang showed him clip of “You Rock My World” music video. La Perruque was present during the shooting of some of the video, which starred Jackson, Chris Tucker and Marlon Brando. Chang then showed a clip of Jackson performing at a 2002 Democratic National Committee fundraiser. He performed “Dangerous.” Jackson was introduced by Bill Clinton. AEG Live defense attorney Marvin Putnam objected to the clip, specifically the Clinton speech. Chang had stopped the clip just as Jackson’s performance started. The judge allowed the clip to be played and didn't strike Clinton's intro. Chang then played another performance clip on the 50th Anniversary special for American Bandstand. Dick Clark introduced Jackson. She concluded the clips by showing Jackson’s cameo in “Men In Black: II” to show that the entertainer was busy in 2002. (AP)
Chang: Did MJ have a good sense of humor, including about himself? LaPerruque: Yes (ABC7)
Chang asked about MJ passing out in Florida and his children called 911. LaPerruque said he doesn't know what caused him to go unconscious. LaPerruque said paramedics are more prepared than him, as former sheriff's deputy, to assess a patient. LaPerruque never saw the paramedics report. They did no take the MJ to the hospital. Chang asked if there was a mention of low blood sugar in the report. Defendant's attorney objected based on hearsay and judge sustained it. LaPerruque said it was hot and humid that day in Orlando and he does not know when was the last time MJ ate or drank anything. (ABC7)
Chang then asked about the Florida incident in which Jackson’s children found their father unconscious in a hotel suite hallway. Chang asked La Perruque about his experience with paramedics making medical evaluations of people, based on his experience as a deputy. La Perruque said he didn’t know what caused Jackson’s condition, and that paramedics did not transport him or indicate it was an overdose. He said he never saw the paramedics’ report and wasn’t in the room where they checked out Jackson. Chang asked La Perruque if the paramedics mentioned Jackson had low blood pressure, but AEG objected and it was sustained. La Perruque reiterated that he never saw prescription bottles or alcohol in Jackson’s suite that day. (AP)
The head security never saw drugs in MJ's room. "I never saw the doctors actually treating Mr. Jackson," LaPerruque said. He said he only took MJ to doctor's office and would wait outside.(ABC7)
Chang asked about the doctors La Perruque knew traveled and treated Jackson. He told jury he never witnessed their treatments on Jackson. La Perruque was asked whether any of the doctors seemed awestruck with Jackson. He said yes, and cited Dr. Alimorad Farschcian. Farschcian is a Miami doctor who put an implant in Jackson to block the effects of Demerol and other opiates.(AP)
Chang: Did you ever raise concerns to Dr. Farshchian you thought he overprescribed medication? LaPerruque: Yes
"There seemed to have been a social relationship between Dr. Farshchian and Michael Jackson," LaPerruque said. (ABC7)
Chang: From 2001-2004 went through a lot of pain, stress and anxiety? Objection, vague. Sustained. (ABC7)
LaPerruque was never aware of the kind of treatment necessary to treat MJ's vitiligo and burned scalp. (ABC7)
In 2007 - 2008 LaPerruque worked back with MJ. He had never heard about Dr. Murray.(ABC7) Chang asked whether La Perruque ever heard of Conrad Murray when he went back to work with Jackson in 2007 and early ’08. He said no. (AP)
Chang: Would it be fair to say that throughout the years you worked for MJ you never saw him overdose? LaPerruque: Yes (ABC7)
LaPerruque raised his concerns with Dr. Farshchian, Dr. Slavitch in San Francisco and Grace Rwamba. At one point, LaPerruque and Rwamba had a system to try to stop doctors to overprescribe drugs to MJ. (ABC7) La Perruque said he raised concerns with Farschcian that the doctor was over prescribing medications to Jackson. He said that Farschcian often accompanied Jackson on what seemed to be more social trips, rather than for medical reasons. (AP)
Chang: You tried to protect Mr. Jackson, right? LaPerruque: Yes
Chang: Have you ever see him with terrible case of chills? LaPerruque: No
Chang: Have you ever seen an alarming weight loss? LaPerruque: No
Change: Have you ever heard people complain they could see his heart beating through his chest? LaPerruque: No
Chang: Have you ever seen MJ lost, paranoid? LaPerruque: No
Chang: Did you ever hear MJ saying that God was talking to him? LaPerruque: No
Chang asked if LaPerruque saw those symptoms, what would he have done."I'd have been very concerned and if I thought it was life-threatening I'd have taken him to the hospital," LaPerruque said. (ABC7)
The attorney asked whether La Perruque tried to protect Jackson. “Yes,” he responded. “I did my best.” La Perruque, in response to Chang’s questions, said he never saw MJ with “a terrible case of the chills” or have an “alarming weight loss.” The bodyguard also said he never heard Jackson say he was talking to God or seem lost and annoyed, symptoms he displayed in 2009. La Perruque said if he saw any of those symptoms and thought they were life-threatening, he would have taken Jackson to the hospital. (AP)
Randy Jackson was by himself when he arrived at Neverland by helicopter. He did have a pilot, though, LaPerruque clarified. Chang: Did you ever hear Randy Jackson speak about an intervention? LaPerruque: No. Chang: Did you ever hear the word intervention that day? LaPerruque: No. Chang: Did you ever know there was an intervention? LaPerruque: No. (ABC7)
Chang asked about the incident in which Randy Jackson came to Neverland Ranch via helicopter and was turned away. La Perruque said neither Michael nor Randy Jackson used the term intervention to describe the visit. Randy didn’t bring a doctor, he said. (AP)
After 2004, LaPerruque didn't see MJ on a day-to-day basis except for 2005 during the criminal trial. He never saw MJ in 2006 and early 2007. MJ was acquitted of all child molestation charges and left the country after the verdict. Rwamba contacted LaPerruque to go back to work for MJ. He said he wouldn't have jeopardize his job at the time if he thought MJ was on drugs. LaPerruque never observed any problems in 2007 with MJ being under the influence of prescription drugs. (ABC7) The bodyguard said when he returned to work for Jackson in 2007-early ’08, the singer seemed to have a clear path of what he wanted to do. La Perruque reiterated that he didn’t see any signs Jackson was struggling with prescription medications in ’07 or early ’08. (AP)
Chang: Do you have any idea who was in charge of MJ's finances in 2007? LaPerruque: Raymone Bain (ABC7)
The head security said he learned Bain became MJ's manager in 2006. She was the CEO/president of MJJ Productions. She signed his contract. Chang asked if LaPerruque noticed there was a transition with Bain's position at the time he wasn't paid. He said he didn't know. LaPerruque said he wasn't aware of MJ's worth and/or debt at that point. He received call from Bain said MJ would not be needing security. (ABC7)
LaPerruque said Janet Jackson hired him and other personnel to work at the May 14, 2009 event, which was her parents' anniversary. The event took place at Chakra Indian restaurant in Beverly Hills. That was the last time LaPerruque saw MJ, a month prior to his death. Chang showed picture of MJ on June 2009. Chang: He did not look anything like this, correct? LaPerruque: Correct. Chang: If he had you'd have been alarmed? LaPerruque: Yes (ABC7) Chang also clarified when La Perruque last saw Jackson. He said last week it was two weeks before the singer’s death. In fact, it was in May, during an anniversary party that Janet Jackson threw for her parents at restaurant in Beverly Hills. Chang showed La Perruque the June 19th photo of Michael Jackson in which he looks extremely thin. She asked if he looked like that in May. I couldn’t see La Perruque, but he seemed taken aback by the photo. He said that’s not how Jackson looked in May 2009. The bodyguard added that if he had seen Jackson as he appeared in the photo, he would have been alarmed. (AP)
Chang: Was he a kind and gentle person? LaPerruque: Yes
The fact that MJ was one of the most famous artists in the world didn't change his way of being humble, LaPerruque said. Chang asked if LaPerruque knew MJ gave thousands of dollars to United Way. He said yes. LaPerruque told the jury there was a time where MJ asked him to go to Toys R Us to buy as many presents he could. He said MJ wanted to give the toys to the children at the Women Shelter in Hollywood, Florida. He said MJ spent thousands of dollars there, and MJ decided to declined his appearance because he didn't want it to become a media circus. "We went and donated the toys," LaPerruque said. LaPerruque said MJ learned with his mother to give money to the poor. (ABC7) La Perruque was asked about Jackson’s charity and he cited instances when the singer bought toys for a Florida women’s shelter. Instead of delivering the toys and causing a scene, La Perruque said Jackson had his bodyguards deliver them. The singer would also stop his car and give money to people on the streets, a practice he learned from his mother, La Perruque said. (AP)
Chang: Based on your observations and the things he told you, did he love his mother? LaPerruque: Yes C: Did she love him? LP: Yes
LaPerruque described MJ's relationship with his children as excellent. "It was a very loving relationship," he said. LaPerruque: They wanted to be with their father, I think MJ was the happiest when we was with his children. He said MJ wanted them to really want something and appreciate what they had. MJ would restrict his children to one present and one present only when they went to a toy store, LaPerruque testified. MJ's intention was for the kids to really want something and appreciate what they had, LaPerruque explained. LaPerruque: Not only that, he pushed them toward educational type of toys that they could've learned from. "He wanted to be the best father ever," LaPerruque testified. One of the things LaPerruque remembers the most about Michael Jackson is the fact that MJ was always kind and gentle with his children. (ABC7)
The bodyguard described the close and loving relationship Jackson had with his mother and his three children. La Perruque: “I think Michael was at his happiest when he was with his children.”He added that Jackson didn't spoil his children. Jackson would only allow his children to buy one toy apiece when they went shopping, La Perruque said. Chang: “Did he want to be remembered as the greatest entertainer in the world or the greatest father?” A: “I would say the greatest father.” (AP)
The 2001-2004 period was the time MJ was trying to quit addiction to drug use, wanted his family away from Neverland, LaPerruque said. For the parents' 60th anniversary party, the restaurant was closed for Janet Jackson and the party members. (ABC7)
LaPerruque: In my course of employment with Mr. Jackson we'd have a room for him for down time also called green room. LaPerruque made sure the room was set for MJ upon arrival. They first saw each other in the main room but talked in the private room.(ABC7)
Chang: A family member come to the ranch on one occasion, right? LaPerruque: Yes.
Chang: Was MJ always able to perform and complete his functions? LaPerruque: Yes.
Chang: If there was ever a time he could not get up on stage to perform, that would've been a concern for you? LaPerruque: Yes
AEG redirect
Chang’s questioning concluded, and Putnam only asked a few questions. He asked if Jackson’s late night calls came during the same time period as the clips of him performing at the Democratic fundraiser, American Bandstand event. La Perruque said they were. The calls occurred over was a broad time period, from 2001 to 2004. (AP)
LaPerruque is then excused.
Eric Briggs Testimony
AEG redirect
AEG Live defense attorney Sabrina Strong questioned Briggs first today, questioning him about areas where his opinion had been attacked. Briggs maintained that any projection of Jackson’s future earnings would be speculative and he didn't try to estimate a figure. Briggs said calculations that Panish walked him through last week weren't credible. He called them the results of a “math problem.” The figures Panish had Briggs tally were very similar to what $1 billion+ figure that plaintiff’s expert Arthur Erk generated. Briggs: “Those are tours that never took place.Those are imaginary tours that are the result of a math problem.” (AP)
Sabrina Strong did the questioning. She asked if Briggs recorded the time worked in this case as it's customary in the industry. "During the course of my 15 year career, this is the normal course we bill clients," Briggs responded. Strong asked if the amount he billed had anything to do with his opinions. Briggs said no. (ABC7)
Briggs: I set out to evaluate the reasonable projections based on Mr. Erk's numbers. He said he attended Erk's testimony, gave depositions, did extensive research to come to his conclusions and opinion. Briggs said the first time he saw Erk's projections was during Erk's deposition in March. He was deposed a couple of days later. Briggs said after his own deposition, he did additional research. He looked into the history of MJ's tour in the US and overseas. He also analyzed the history of any artists selling out all the shows. Briggs said the projection was done based on a solo artist, thus he didn't analyze MJ as part of Jacksons 5 group. Briggs said he analyzed Erk's projection and upon concluding it was speculative, it wasn't for him to speculate forecast in lots of pages. (ABC7)
Strong asked about Brian Panish inquiring Briggs' background in audits. "This case does not involve audit dispute," Briggs responded. (ABC7)
Briggs said Erk submitted specific projection of an entertainment project that MJ would've potentially be part of. "What the economics of the project is is what I do every day, evaluating risks and projecting income," Briggs explained. Strong showed slide created by Panish. The blue bars is what has been publicly known to have occurred, Briggs said. Strong asked if the green bars are "imaginary tours" result of math problem. "Those are tours that never took place," Briggs said. Briggs explained Panish's math: MJ's average public multiplied by number of shows by other artists multiplied by Erk's $108 tix price. Briggs said Panish used 3 different statistics and multiply them all. "It's just a math problem," he said.Strong: Looking at this, did Mr. Panish compare apples to apples? Briggs: I don't think so. Briggs said 55k people multiplied by 167 shows in AC/DC tour results in over 9 million tickets, doubled what was ever associated with MJ. Briggs said HIStory tour sold 4.5 million tickets for 82 shows, Bad also sold roughly 4.5 million tickets for 123 shows. Briggs: Historically, his shows sold 4.5 million tickets, appreciating he sold more albums at that point and was more active. Strong: Was that the peak of his career? Briggs: I think so. Briggs said Erk's projection is "significantly in excess of MJ's prior tours & significantly in excess of imaginary tours Panish calculated". Strong: Could MJ have audience of 13 million on his show? Briggs: I don't know how you can be reasonably certain that would've happened. (ABC7)
He told the jury you can't assume that just because a promoter added concerts, it would definitely sell out. Briggs: “Simply adding shows doesn’t mean the audience will keep showing up to fill the arena.” The global attendance for two of Jackson’s previous tours, “Bad” and “Dangerous” was roughly 4.5 million concertgoers, Briggs said. Erk’s projections more than doubled that figure, which Briggs said wasn't supported by Jackson’s touring history. (AP)
Briggs said Gongaware email communication indicate there was a proposal to go on a worldwide tour on Sept. 26, 2008. Briggs said there were number of words in the email that indicates to him it was a preliminary plan. "This is clearly in the early stages of a proposal," Briggs said. In Sept. 2008, the agreement between MJ and AEG had not been signed yet. Regarding email saying "his gross would approached half a billion dollar," Briggs said he interprets it to be total ticket sales/merchandise. Erk's projection was $1.56 billion, he compared. Email says "Net to Mikey $132 million," which Briggs explained indicates the amount AEG was expecting to have MJ net. Briggs said Erk projected roughly $900 million net for MJ. Briggs: There was no formal plan (for world tour), this is early proposal and Mr. Erk's projection was entirely speculative. Regarding shows in Japan and India, Gongaware was planning 4 shows in India. Briggs said Erk projected 60 shows in India. Gongaware planned 8 shows in Japan plus 1 private for a total of 9 shows, versus Mr. Erk's projection of 50 shows in Japan, Briggs said. (ABC7)
Briggs said he saw some headlines regarding MJ donating proceeds from a tour to charity. He said he doesn't know if that ever happened. Briggs said he relied on Gongaware's testimony that MJ's tours lost money or broke even, since the actual amount is normally confidential.Strong: If he didn't make money from those tours, would he donate money? Briggs: If he didn't make any money there would be no profit for him to donate. (ABC7)
Briggs reviewed Dr. Shimelman's deposition in this case. The doctor was asked to give his best estimate of MJ's life expectancy in June 2009.Briggs: He clearly stated that Michael Jackson's life expectancy was 1 week as of June 2009. Strong: What other issues did Dr. Shimelman rely upon other than MJ's use of Propofol? Briggs: He spoke specifically to the synergy of the drugs MJ was taking and the impact of them on the artist. Briggs said Dr. Earley and Dr. Levounis also relied upon knowledge of history of his drugs use/manner which he took them for their opinion. Strong: Did they rely solely on Propofol use? Briggs: There were testimony of the synergy of the drugs, the interaction of the drugs MJ used (AB7)
"I don't see how an interest for a world tour makes it reasonably certain it will happen," Briggs said.He said there was no agreement beyond 50 shows at the time of MJ's death.Also, there's a need to consider MJ's history of drugs use and canceling shows, and the broad risk in the business. Briggs said there was significant demand that exceeded expectations for the London show. "It means in London there were many people interested in seeing MJ do what he did best: perform," he explained. But Briggs testified there was a difference between demand for seeing MJ and a company sponsoring the artist.He said AEG was not able to secure any endorsement even after the high demand for tickets. Briggs: It indicates there was a demand, it does not alleviate the health risk, it does not alleviate the cancellation risk. (ABC7)
Tom Barrack testified he did not know about Mr. Jackson's drug use, Briggs said. Briggs said he was asked to analyze what we have today and the key factors we know now that we didn't know back then. "Erk specifically stated he did not take Michael Jackson's drug use into consideration to form his opinion," Briggs testified. "There's no reasonable basis for those projections based on the facts we know," Briggs concluded. (ABC7)
( Outside the presence of the jury, Putnam told Judge Yvette Palazuelos that Panish threatened Briggs during the break. Putnam said Panish told Briggs "you're lucky we're in court." "I can't have my witness threatened, you honor," Putnam said. Panish said the events were not quite like that. He told the judge Briggs ran him over, said "this witness ran me over".Judge laughed and said "I'd be surprised if anyone can run you over, Mr. Panish." Panish said he didn't touch or hit him. Judge: Mr. Panish, don't talk to any witness unless you're talking about this case. Panish: I didn't threat him, he's not afraid, he'd know if I threatened him. (ABC7) )
Jackson recross
In re-cross, Panish asked if Briggs was put aside to accommodate another witness who had scheduling problems. He said yes. (ABC7)
When Panish took over, he asked Briggs if it was fair to say his fees for the case were over $700k. Briggs said that was fair to say. Panish then said that for $700k, his opinion was that Jackson wouldn't have earned any money for his children. Briggs said any projection was speculative and he wasn’t there to speculate.(AP)
Panish: Is it fair to say your bills is $700 thousand now? Briggs: That's fair to say. Panish: And for 700k your opinion is that MJ would not have earned one dime from working to give to his children? Briggs: Any projection of earning is speculative Panish: In your opinion, it's speculative MJ'd earn any money working, correct? Briggs: Yes. Panish: You don't determine what's relevant in this courtroom, right? "Concerning my opinion, I determine what is relevant," Briggs said. (ABC7)
Panish asked about Briggs' interaction w/ MJ Estate's lawyer. "I told you there was not a written waiver with the Estate," Briggs explained. The Estate has different lawyers, they are not represented by Panish's firm, Briggs said. He said his understanding is that his partner called the Estate lawyer, Jeryll Cohen, notifying he would testify in this case. Panish: So that statement under oath was untruthful, sir? Briggs: That's not correct, that was my best understanding at the time. Panish said Briggs testified he asked the Estate for permission to be hired by AEG and testify in this case. "I now understand the substance of the call was not an authorization but a call of notification," Briggs explained."There was a call to notify the Estate not to receive authorization from the Estate," Briggs said. Panish: Is your testimony you called Ms. Cohen prior to signing the engagement letter with AEG's attorneys? Briggs: That's not correct. "I never called Ms. Cohen to get authorization to testify," Briggs said. "No one called for authorization, they called for notification." Briggs said his partner, Roy Salter, called Hoffman's company to notify Briggs was going to testify in this case. Panish: And you are as sure of that as everything you testify to in this case, correct? Briggs: Yes. Briggs said the general counsel at FTI took care of the issue. (ABC7)
Panish: Are you concerned about giving false testimony under oath? Briggs: Of course I'm concerned of giving false testimony under oath!
"There was no authorization sought, there was a notification to the Estate," Briggs said.
Briggs said he doesn't have any record of speaking with Salter about it.
He said his best recollection is that it happened a few days prior to the firm's engagement with AEG's counsels. (ABC7)
Panish showed Briggs' opinion. "This is the basis of my opinion that it's speculative that the UK shows would be completed," Briggs said. "One basis is the health of MJ," Briggs said. "As part of that basis, life expectancy is key." Panish: Did you write anything up about the Coroner's testimony? Briggs: I did not. Panish asked if Coroner's testified about life expectancy. "I understand the Coroner was not deposed," Briggs said. Therefore, he said he could not note anything about it in his notes. "I did not make reference of autopsy report," Briggs explained. (ABC7)
Panish asked how many projects MJ did after the "Dangerous" tour. Briggs said it depended on how the work was classified. Panish named several projects MJ worked, such as Luciano Pavarotti Benefit for the Children, "United We Stand" 911 benefit. He also performed in NY with Bill Clinton, participated in movies "Man in Black 2" and "Miss Castaway," Thriller 25 album re-released. Briggs knew about some of the projects, not all. He said "Thriller 25" was extremely successful.(ABC7)
After the break, Panish asked Briggs about several projects that MJ completed after the HIStory tour that the consultant hadn't considered. They included some of the events that La Perruque testified about this morning, including the “Men In Black: II” cameo. Panish also asked about the release of a No. 1 hits compilation, the “Thriller 25” release in 2008 and 100 songs MJ recorded between ’01-‘08 Briggs said he couldn’t say for sure how involved Jackson was in any compilation or album re-release projects. (AP)
Panish: Do you know he recorded 100 new songs between 2001 and 2008 for new release? Briggs: I did not know that. "Just to be clear, I'm giving an opinion to future earning, not about his albums," Briggs said. Briggs explained if they had a plan, that would be in support of the O2 tour, as well as detailed budget and financing. "Financing appeared to be in place for O2 concerts, yes," Briggs said. There was also a director and approximately $34 million investment. O2 arena's capacity for MJ show is 15,000 average. "The contract contemplated a possibility for a world tour," Briggs opined. "Territory is a define term in the contract," Briggs said. " Territory is defined as the world." Panish: Is this evidence a world tour was contemplated by MJ and AEG Live? Briggs: Yes, this is evidence a world tour was contemplated.(ABC7)
Panish showed email Kathy Jorrie wrote: Nonetheless, I recommend that a background check be performed through a private investigator and/or at a minimum, that someone at AEG Live meet with Michael Jackson to make sure he understands that we are entering into a tour agreement with him that will require him to perform a worldwide tour... (ABC7)
Panish asked about a line in an email by Kathy Jorrie, the attorney who drafted Conrad Murray’s agreement, that mentioned a worldwide tour. Briggs confirmed that Jorrie wrote that Jackson would be required to perform a worldwide tour. He reiterated his opinion, based on reading testimony from medical experts, that Jackson’s drug use might keep the world tour from happening. Panish also showed Briggs an email from AEG Live CEO Randy Phillips from March 2009 that said the company had a 4-year plan for MJ concerts. Briggs said just because there was demand for Jackson concerts, it didn't change the risk factors that MJ wouldn't be able to tour.(AP)
Panish: You told us MJ's drug use makes it speculative that he could do a worldwide tour and earn a dime? Briggs: His drug use was a factor and basis for my opinion. (ABC7)
Briggs said endorsement companies have a long memory about the people they want to associate themselves with. Panish asked if endorsement companies had a long-lasting memory about Tiger Wood. Briggs said athletes and very different from artists. Panish: Tell us every endorsement deal you remember you reviewed as part of your experience. Briggs said he doesn't remember reviewing specific contracts for endorsement, need moment to think. The expert did say he reviewed 50 Cent and Vitamin Water endorsement deal. Briggs said he's reluctant to disclose values, but knows 50 Cent received equity in the company. Panish: It was more than $100 million, wasn't sir? Briggs: Not at the time, he entered into a deal thought to be much less than that.
Briggs said the deal was around $10 million, but he doesn't recall any cash transaction. Today the deal is said to be valued $100 million. Briggs wrote in his note: Paul McCartney -- $5 million Lexus Rolling Stones -- $10 million Citibank Others in the $1-2 million range.Panish asked Briggs where that information came from. Briggs said he doesn't recall, can't give specifics. (ABC7)
Regarding the 4 year plan that included Australia tour, Briggs said: "I do not see how demand addresses a one week life expectancy."(ABC7)
Panish addressed the judge: Your honor, I ask that Mr. Putnam stop making comments. Judge: I already said I'm not going to babysit the two of you. Jury didn't laugh this time around. (ABC7)
Panish discussed with Briggs, extensively, the chart and how Erk arrived at those numbers. (ABC7)
AEG redirect
Strong, in re-re-re-direct: Did you ever dispute a world tour was contemplated? Briggs: I did not. He said he took that in consideration, but it didn't alleviate some of the concerns he had. (ABC7)
Briggs said the general counsel of his firm cleared that there was no conflict of interest for him to testify in this case. "The Estate has not objected to my involvement in this case," Briggs said. (ABC7)
Jackson recross
Panish, in re-re-re-cross: You're sure as anything else you testified that your company contacted the Estate before signing the agreement? Briggs: That's correct.
Briggs is excused and judge gave a break in the afternoon session.
Timm Wooley video deposition
AEG's attorneys played video deposition of Timm Wooley, a financial advisor who worked on "This Is It." He's been an advisor for 20 years. (ABC7)
Woolley was a tour accountant who spoke to Murray about the terms of his contract and forwarded him draft contracts. Woolley was deposed in Florida in June 2012. He said he never read Murray’s draft contracts and denied he negotiated with the doctor. According to Woolley, he called Murray to work out details of what he needed to work on the “This Is It” shows and details for a contract. Woolley said he was instructed by AEG Live executive Paul Gongaware to deal with Murray. The men spoke in early May.(AP)
Kevin Boyle, Jacksons' attorney, did the questioning. Boyle asked if he thought it was weird MJ wanted a doctor on tour. "It was his choice, whether it was usual or not usual was not my place to decide," Wooley responded. "I think I wanted to get Mr. Murray off my back," Wooley said regarding emails he wrote to Murray. He said the intention was to put him off. (ABC7)
Wooley said Prince had done some shows in O2, he acted as financial consultant. Gongaware contacted Wooley to work in the "This It It" tour. Wooley got an email in early 2009. He said Gongaware wanted him as his deputy to work on projections, payables, payroll, petty cash. "(I) Deputed for him in matters financial, when delegated to me," Wooley explained. Wooley said he did not do the negotiations with Dr. Murray. He said negotiations is a broad term, may have done some work. He said he gathered information on behalf of MJ, his doctor that the artist wanted to contract, Wooley explained.Wooley said Gongaware told him MJ wanted to hire Conrad Murray, whom he said he later found out was MJ's primary physician. Boyle: Did you ask why MJ wanted a personal physician on tour? Wooley: Not mine to ask. (ABC7)
Wooley remembers calling Murray once in early May to check if he needed anything that he would get the info to the appropriate people. One email says: "Need for one venue-based, one home-based extracorporeal CPR units." Wooley said he suggested Dr. Murray to get CPR units. He said he was working for the tour, called the doctor on behalf of Michael Jackson. Boyle: Did you take any orders from MJ? Wooley: No. "I enumerated that item as an item he might wanted to have," Wooley said about the CPR, or defibrillation, units. He said in his community there was installation of CPR units in some houses and he thought of asking. Boyle asked if Wooley lived in a retirement home. He said he's not retired. Boyle: Did you have any reason to believe MJ could have suffer a heart attack? Wooley: None (ABC7)
Murray wasn’t forthcoming with what he needed to treat Jackson, so Woolley said he suggested he have two CPR machines for use in London. Woolley said he didn’t have any specific reason to think Jackson needed a CPR machine, but suggested it as a precaution. (AP)
"I was gathering information to compose projections and budget," Wooley testified. Boyle: Did you discuss Dr. Murray giving injection of Propofol to MJ? Wooley: No. Wooley never discussed the need for IV lines and needles. He said the doctor told him he may needed an assistant. Wooley said they did not discuss need for nurse or doctor. "We didn't talk about his services," Wooley said. (ABC7)
Boyle showed an email Wooley sent to Dr. Murray on May 14, 2009. It says he was following up with Dr. Murray. Email from Murray on May 15, 2009: As for good faith w/ my client... I'm sure you're aware my services are already fully engaged with MJ. Wooley doesn't remember the email and doesn't know what "my services are already fully engaged" meant. "I was attempting to be helpful," Wooley explained. He said he was not aware that Dr. Murray was treating MJ on behalf of AEG. Email from Dr. Murray: Dear Timm, I gather from your last email my contract is taking a little more time to get than usual... Email said his services are being done in good faith and asked, in reciprocity of good faith, to have payment for May deposited. "I didn't have any agreement with Dr. Murray," Wooley said.(ABC7)
Boyle: Did AEG have an agreement? Wooley: Never. There was never a completed agreement between Dr. Murray and AEG. Wooley said he had no idea if AEG would pay Dr. Murray for May. He said he never read the contract. Wooley testified he would've told Dr. Murray he would not get paid until the contract is completed. Wooley said he does not recall specifically receiving an email from Dr. Murray with his bank account info and request for $150k payment. Wooley said he does not remember if he asked Dr. Murray his bank account number. The advisor said he was gathering the information with Dr. Murray to be put in a contract . (ABC7)
Woolley said he was self-employed but paid by AEG. He said he took orders from Gongaware but did not take orders from Jackson. Woolley wrote Murray that the type of contract he needed to work on “This Is It” tour was rare and needed to be specially drafted. The men exchanged numerous emails in May and June 2009, with Murray trying to get AEG to pay his $150k a month fee. (AP)
Email on May 28 from Wooley to Murray said doctor's contract was delayed because it was rare event physician engaged to go on tour. "Yes, as far as I know, I was telling the truth," Wooley said. "I was putting him off." (ABC7)
Boyle wanted to know if Wooley asked why they were taking the doctor along. "Did I not say it was Mr. Jackson's request and it was not my place to question that?" Wooley responded.(ABC7)
Wooley said Dr. Murray came from Vegas and MJ was living in Vegas for a period of time. Wooley wrote email that AEG policy dictates you can only pay someone w/ fully executed contract. He said he knows it based on his experience. (ABC7)
Wooley testified he forwarded to Dr. Murray the contract Kathy Jorrie sent him. He said he did not read it.Boyle showed Wooley a chain of emails between him and Kathy Jorrie. He said he did not recall the chain specifically. In an email, Wooley apologized for the delay in getting the contract to Murray, said once contract is executed AEG could pay May/June salary."There wouldn't be any payment until a full agreement," Wooley said. (ABC7)
Woolley forwarded draft contracts prepared by attorney Kathy Jorrie to Murray and also tried to obtain the doctor's medical records. The medical records were needed for a second physical that insurers wanted on Jackson in order to get additional tour insurance. Woolley said he couldn't remember whether Murray ever provided the medical records to AEG. (AP)
Wooley said he remembers Dr. Murray had MJ's medical record from 2006 to 2009. It was needed for purposes of securing insurance. Wooley testified Dr. Murray seemed to be the person to have the records, which was needed for underwriter of insurance. (ABC7)
Wooley said they would not have needed CPR units until they went to the UK. He did not quote any prices for the machine. Wooley expressed he never discussed with Dr. Murray what kind of treatment he would be giving MJ. (ABC7)
Wooley testified he never saw any of the drafts of the contract between Dr. Murray and AEG, only forwarded them. Brigitte Segal was MJ's personal tour manager, Wooley said.Wooley was not asked to run a background check on Dr. Murray and doesn't know if it was ever requested by anyone. (ABC7)
Wooley said Dr. Murray asked for a "locum," a British medical term for a person who stands by in place of a physician. (ABC7)
He also said he never estimated how much getting CPR equipment in London would cost, and never discussed medical treatments with Murray. Woolley maintained throughout his testimony that Murray was Jackson’s personal doctor and he never had an agreement with AEG. His deposition was taken by plaintiff’s attorney Kevin Boyle and there was no cross-examination by AEG lawyers played for jurors. (AP)
That ended Wooley's deposition
Zusammenfassung von Ivy, MJJC #65
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - 50
Day 51 - zeuge Dr. Emery Brown Video Deposition; zeuge Peter Formuzis
Day 52 - zeugin Katherine Jackson
Day 53 - forts. zeugin K. Jackson; AEG-zeuge John Meglen
Day 54 - forts. AEG-zeuge Meglen
Day 55 - zeugen J. Meglen; Dr. Alimorad Farshchian Video Deposition
Day 56 - zeuge David Fournier
Day 57 - zeugen Dr. Scott Saunders per video depo.; Eric Briggs
Day 58 - zeuge Eric Briggs
Day 59 - forts. zeuge Briggs
Day 60 - forts. zeuge Briggs
Day 61 - forts. zeuge Briggs; zeuge Michael LaPerruque
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 #50Zuletzt geändert von rip.michael; 13.08.2013, 18:59.
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The Jacksons vs. AEG Live — Zeugen von AEG, 9. Teil
11. August 2013
This Is It Direktor Kenny Ortega wurde zurück in den Zeugenstand gerufen. Und erhielt von der Jury Applaus, als er am Donnerstag den Zeugenstand verliess.
Die Probe am 13. Juni 2009 war nicht gut – am Tag darauf tauchte Michael Jackson gar nicht auf. Kenny Ortega informierte den stellvertretenden AEG Vorsitzenden, Paul Gongaware, und riet ihm, mehr über Michaels Gesundheitszustand heraus zu finden und mit dessen Doktor Conrad Murray zu sprechen.
Als Michael dann am 19. Juni wieder zu den Proben auftauchte, schien er „verloren, kalt und ängstlich“, so Ortega. Er werde den Tag nie vergessen. „Ich sah einen Michael der mich beängstigte, einen Michael, der schlotterte und fror.“ Kenny Ortega: „Ich dachte, da ging etwas emotionales vor sich, zutiefst emotional, und etwas physisches ging vor sich. Er schien zerbrechlich.“ Als der Anwalt von AEG Live wissen wollte, ob man hätte sagen können, Michael hatte eine „wirklich starke Grippe“, erwiderte Ortega, das sei „nicht die beste Art, es zu beschreiben.“ Er habe aus Angst, Michael könne sich verletzen, ihm geraten, nicht auf die Bühne zu gehen. Michael willigte ein, den Proben beizuwohnen, während Travis Payne seine Parts tanzte. Michael habe ängstlich und paranoid gewirkt und ihn immer wieder darum gebeten, nicht aufzugeben und ihn nicht zu verlassen. Tatsächlich habe er an dem Tag gefühlt, dass sie die Produktion stoppen sollten. Doch er sei hin und her gerissen gewesen, da er Michaels Herz nicht brechen wollte. In einer Reihe von E-Mails an AEG Führungsleute warnte sie Ortega und riet, dass sie professionelle Hilfe für MJ bräuchten.
In der Folge wurde er am 20. Juni zu einem Meeting mit Randy Phillips, Dr. Conrad Murray und Michael Jackson in dessen Villa aufgeboten. Murray habe ihn wütend konfrontiert, er habe kein Recht, Michael nicht proben zu lassen und dass Michael physisch und emotional fähig sei, all seine Verantwortungen als Künstler wahrzunehmen, Er soll sich auf seine Job als Direktor konzentrieren und kein Amateur-Arzt oder Psychologe sein, sondern das ihm, Murray, überlassen. Randy Phillips habe den Worten Murrays schweigend zugehört, so Ortegas Aussage.
Als Michael am 23. und 24. Juni wieder zu den Proben erschien, sei „ein anderer Michael“ aufgetaucht, der gesund, bereit und glücklich schien. „Ich fühlte, dass wir zurück auf Kurs waren und war dankbar und überzeugt, dass wir nun in einem neuen Kapitel waren“, sagte Kenny Ortega. Jacksons Anwalt Brian Panish wollte wissen, wie er sich die Verwandlung erkläre. „Möglicherweise eine Menge Ruhe. Er schien ausgeruht, kräftiger.“ Ortega nimmt an, dass Schlaf eine Rolle spielte. „Er schaute einfach ausgeruht aus. Tiefer Schlaf, echter Schlaf.“
Murray hatte Ermittlern mitgeteilt, dass er in den beiden Nächten vor Michaels Tod am 25. Juni kein Propofol verabreicht hatte. Dies, nachdem er ihm 60 Tage lang das Narkosemittel injizierte. Vor einigen Wochen sagte ein Schlafexperte für die Jacksons-Seite aus und sagte, dass, wenn jemand Propofol verabreicht bekommt, dieser in keinen echten Tiefschlaf fällt, der zu einem normalen, gesunden Schlaf gehört und lebenswichtig sei.
AEG Anwalt Marvin Putnam wollte von Kenny Ortega wissen, ob Michael Jackson damals verantwortlich für seine Gesundheit war. „Ich denke nicht, dass er allzu verantwortlich war, aber es war seine Verantwortung meiner Meinung nach“, so Ortega. „Ich wollte mich um ihn kümmern, man möchte sich immer um jemanden kümmern, wenn es diesem nicht gut geht, aber du kannst nicht für sie verantwortlich sein.“
Als später Brian Panish Ortega befragte, wollte er von ihm wissen: „Würden Sie erwarten, ein verantwortungsvoller Konzertpromoter und Produzent überprüft jeden, den sie anstellen, ob er geeignet und kompetent ist?“ „Ja“, antwortete Ortega. Panish: „Überprüfen um sicherzustellen, dass sie keinen Konflikt haben?“ – „Ja“ – Panish: „Es wäre verantwortungslos, das nicht zu tun?“ Kenny Ortega antwortete erneut mit “Ja.”
Als der Ortega am Donnerstag den Zeugenstand verliess, applaudierten mehrere Geschworene.
Quelle: jackson.ch, cnn.com
Weiterlesen unter http://www.jackson.ch/the-jacksons-v...on-aeg-9-teil/
Copyright © jackson.ch
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LOS ANGELES (CBS/AP) — A jury heard videotaped testimony Friday from Randy Jackson, who described more than half a dozen interventions his family attempted to try to get Michael Jackson to stop taking prescription medications.
Randy Jackson, the pop superstar’s younger brother, said several of his siblings were involved in the efforts, and they occasionally brought interventionist doctors to try to convince their brother to go into rehab. The superstar always refused and kept his family at a distance in the final years of his life, Jackson said.
R. Jackson der jüngere Bruder sagt das einige Geschwister in den Bemühungen involviert waren und sie gelegentlich Ärzte mitbrachten um den Burder zu überzeugen in Reha zu gehen. Der Superstar verweigerte immer und hielt die Familie auf Distanz in den letzten Jahren seines Lebens, sagt Jackson.
His one hour and twenty minute videotaped testimony was played for jurors by lawyers for AEG Live LLC, which is being sued by Jackson’s mother, Katherine. She claims the company negligently hired the doctor convicted of giving the “Thriller” singer a lethal overdose of an anesthetic in June 2009.
Seine 1 Stunde und 20 Minuten dauernde videoaufgezeichnete Deposition wurde den Juroren von den AEG-Anwälten gezeigt.
AEG denies it hired the physician, Conrad Murray, and its attorneys have said Jackson made choices that led to his death. Their case has already featured testimony from several medical professionals who treated the singer, including one who gave him an implant to block the effects of opiate drugs.
Randy Jackson says the interventions took place in various locations including New York, Las Vegas, Jackson’s [lexicon]Neverland[/lexicon] Ranch and Taiwan and dated back to the mid-1990s.
Die Interventionen fanden statt an verschiedenen Orten, New York, Las Vegas, Neverland-Ranch und Taiwan und gehen zurück bis in die Mitte der 90er.
Reporting for CBS2, Randy Paige said Randy Jackson testified that he and his siblings staged at least seven interventions.
He said almost every time he tried to intercede it was after a call from a nanny who cared for Michael Jackson’s children and told him the singer was over using prescription drugs. He said he never saw his brother take drugs but twice saw him in a condition where he was slurring his speech. He said he later fired the nanny after he encountered her at a pharmacy picking up prescriptions for the singer.
Er sagt fast jedes Mal wo sie einschritten war es nach dem Anruf einer Nanny, die sich um MJs Kinder kümmerte und ihm sagte das er Medikamente missbrauchte. Er sagt er sah den Bruder nie Medikamente nehmen aber sah in 2mal in einer Verfassung mit schleifender Sprache. Er sagt er feuerte später die Nanny nachdem er sie bei der Beschaffung von verschreibungspflichtigen Medikamenten in einer Apotheke sah.
Randy Jackson said he never heard of the drug Propofol until after his brother died from an overdose of the anesthetic.
R. Jackson hörte nie von Propfol bis zu seinem Tod.
However, he said he did not talk to his brother much in the five years before his death and was unable to get into his rented mansion during the period before he died because security guards blocked his access.
Wie auch immer er sagt er sprach nicht viel mit seinem Bruder in den letzten 5 Jahren seines Lebens und war unfähig in seine angemietete Villa zu kommen in der Periode vor seinem Tod weil er von der Security abgeblockt wurde.
“Michael didn’t want to be around the family too much because he didn’t want them to see him like that,” Randy Jackson said. “He was hiding from me.”
"Michael wollte nicht viel um die Famile herum sein, weil er nicht wollte, dass sie ihn so sieht, sagt Randy Jackson. Er hat sich vor mir versteckt."
He said most of the interventions were attended by his sisters Rebbie and Janet and his brothers, Tito, Marlon, and his father, Joe Jackson. But he said his mother only came along once or twice. He said she was unwilling to accept that Michael was addicted and he felt “she was in denial. She just didn’t want to believe.”
Er sagt die Intervention fanden statt mit seinen Schwester Rebbie und Janet und seinen Brüdern Tito, Marlon und seinem Vater Joe Jackson. Aber er sagt seine Mutter kam nur 2mal mit. Er sagt sie unwillig zu akzeptieren das Michael abhänig war und er denkt sie war in Verneinung. Sie wollte es nicht glauben.
Randy Jackson also testified that at one point he wrote a letter to his entire family, including his mother, saying they needed to help Michael.
Randy Jackson sagte auch aus, dass er an einem Punkt einen Brief an seine Familie, incl. Mutter schrieb das sie Michael helfen müssten
“He’s an addict, and he isn’t responsible. The family has to step in and do something about it,” Jackson testified.
"Er ist ein Abhäniger und unverantwortlich. Die Famile muss einschreiten und etwas unternehmen" hat Jackson ausgesagt.
He also said his brother refused repeatedly to go to rehab.
“I told him I was taking him to rehab and he said he’s not going. I told him, ‘Yes, you are.’ And he would say ‘No, I’m not,’” Randy testified.te
"Ich sagte ihm ich werde Dich in Reha bringen und er sagte er geht nicht. Ich sagte ihm "Doch Du wirst und er sagte Nein werde ich nicht" bezeugte Randy
Katherine Jackson testified earlier in the trial that she asked her son once about his prescription drug use, but he denied he had a problem.
Randy Jackson said his brother was terrified during the run-up to his 2005 child molestation trial in Santa [lexicon]Maria[/lexicon]. At one point Randy Jackson said he had to take his brother to a hospital because “he was under the influence of something.”
Randy Jackson sagt sein Bruder hat Angst während des 2005er Prozesses. An einem Punkt sagt sein Burder musste ich ihn ins Krankenhaus bringen "er war unter dem Einfluss von etwas"
He said he had no idea what drugs Jackson was taking.
Er sagt er hatte keine Idee welche Drogen Jackson nahm.
“He was very frightened, and I had to get him to court,” Randy Jackson said.
"Er hatte Angst und ich musste ihn ins Gericht bringen" sagte R. Jackson
Outside court, Katherine Jackson’s lawyer, Brian Panish, said that Randy Jackson’s testimony showed “what everyone knew, that Michael Jackson had a problem with prescription medications. Apparently the only ones that didn’t know that were the people at AEG.”
Außerhalb der Gerichtes sagte der K. Jackson Anwalt das R. Jacksons Aussage zeigt "was jeder wusste, dass MJ ein Problem mit verschreibungspflichtigen Medikamenten hatte, Offensichtlich die einzigen die es nicht wussten sind die Leute von AEG.Zuletzt geändert von Lena; 10.08.2013, 07:28.
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Hier ist noch der Rest der Ortega-Aussage. Ortega konnte seine Aussage gestern bereits beenden. Die Juroren klatschen Ortega Beifall.
Heute wird Kathy Jorrie ihre Aussage abschließen. Am Nachmittag sollen die Depostionen von Randy Jackson und Dr. Adams gezeigt werden.
Schaffe es derzeit nicht alles zu übersetzten.
Von unten nach oben
ABC7 Court News @ABC7Courts 48s
AEG plans to play Randy Jackson's deposition and Dr. David Adams from Las Vegas in the afternoon. We hope to see you tomorrow! Good night!
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ABC7 Court News @ABC7Courts 1m
Judge adjourned session a little early. Jurors ordered back 9:30 am tomorrow. Kathy Jorrie is back on the stand.
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ABC7 Court News @ABC7Courts 2m
When the director got up, all jurors clapped for him. He thanked the jurors, kissed Mrs. Jackson, shook hands with Shawn Trell and left.
Als der Direktor aufstand, klatschen alle Juroren für ihn. Er dankte den Juroren, küsste Mrs. Jackson, gab Shawn Trell die Hand und ging.
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ABC7 Court News @ABC7Courts 2m
Ortega was dismissed, subject to recall in AEG's case in chief.
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ABC7 Court News @ABC7Courts 2m
Jurors were laughing out loud with the exchange between the attorneys. The director kept his composure and responded to all questions.
Juroren lachten laut über den Austausch der Anwälte. Der Direktor behielt die Geduld und antwortete zu allen Fragen.
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ABC7 Court News @ABC7Courts 2m
Putnam and Panish took turns in asking out-of-the-ordinary questions regarding responsibility to Ortega.
Putnam und Panish nahmen Wechsel in außergewöhnlichen Fragen in Bezug auf die Verantwortungen von Ortega.
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ABC7 Court News @ABC7Courts 3m
Panish in re-re-re-direct: Do you have access to a prescription pad?
Panish in re-re-re-direct: Haben Sie ein Verschreibungspad ?
Ortega: No
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ABC7 Court News @ABC7Courts 3m
Ortega: Being in debt doesn't change your talent, your gift, your ability.
Ortega: Schulden zu haben ändert nicht ihr Talent und ihre Fähigkeiten.
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ABC7 Court News @ABC7Courts 3m
Putnam asked if being in debt diminishes your capability. "I don't think so," Ortega responded.
Putnam fragt ob tiefe Schulden die Fähikgeiten ändern: "Ich glaube nicht" sagt O.
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ABC7 Court News @ABC7Courts 4m
Putnam: Do you think it's responsible for a studio to hire Kenny Ortega if he were in debt?
Putnam: Halten Sie es verantwortlich für ein Studio K. Ortega zu heuern wenn er große Schulden hätte?
Ortega: I've been there and they hired me.
Ortega: Ich hatte sie und sie stellten mich an.
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ABC7 Court News @ABC7Courts 4m
"I wouldn't think it would be something that would be the norm," Ortega responded.
"Ich glaube nicht es wäre in der Norm" sagt O.
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ABC7 Court News @ABC7Courts 4m
Putnam in re-re-cross asked if it's common practice to check a doctor's credit report prior to hiring him.
Putnam in re-re-cross fragt ob es Praxis ist die Kreditkarte vom Arzt zu checken vor der Anstellung.
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ABC7 Court News @ABC7Courts 4m
In re-re-direct Panish: Would it be responsible to place a doctor in a conflict of interest had they hired him?
In re-re-direct Panish: Wäre es verantwortlich einen Arzt mit Intressenkonflikt anzustellen?
Ortega: In my opinion, no Meiner Meinung nach nein
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ABC7 Court News @ABC7Courts 5m
Ortega: I think that would've been responsible.
Putnam: Did Mr. Phillips ever tell you he wanted MJ to come on tour?
Ortega: No
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ABC7 Court News @ABC7Courts 5m
Putnam: If they weren't hiring Dr. Murray, would that responsibility be above and beyond anything they needed to do, in your mind?
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ABC7 Court News @ABC7Courts 6m
Putnam asked if AEG checked if the doctor was licensed and if he had been disciplined, if it was responsible thing to do. Ortega said yes.
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ABC7 Court News @ABC7Courts 7m
Putnam: Who introduced you to Dr. Murray?
Putnam: Wer stellte sie Murray vor
Ortega: Michael
P: Did AEG introduce you to him?
P: Hat AEG ihnen Murray vorgstellt?
O: No
P: What did MJ say? Was sagte MJ?
O: This is my doctor. Das ist mein Arzt
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ABC7 Court News @ABC7Courts 8m
Putnam: Have you ever worked on a tour where artist was unable to pay his personal doctor?
Putnam: Haben Sie jemals für einen Künstler gearbeitet der nicht fähig war den pers. Arzt zu zahlen?
Ortega: I don't think so, assumption on my part. Ich glaube nicht, Annahem meinerseits.
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ABC7 Court News @ABC7Courts 8m
Putnam: Have you ever worked on a tour where the promoter/producer was advancing all daily expenses?
Ortega: It's possible, I don't know.
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ABC7 Court News @ABC7Courts 9m
Putnam: Have you ever worked on a tour where the artist could not afford his daily expenses?
Ortega: I don't believe so.
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ABC7 Court News @ABC7Courts 9m
Putnam: Have you ever worked on a tour where an artist was $400 million in debt?
Putnam: Haben Sie je für eine Tour gearbeitet wo der Künster 400 Mio. Schulden hat?
Ortega: Not to my knowledge. Nicht meines Wissens.
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ABC7 Court News @ABC7Courts 10m
Out of twitter jail, finally...
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ABC7 Court News @ABC7Courts 48m
Putnam: You just don't know some of those things, right?
Ortega: Yes.
ABC7 Court News @ABC7Courts 20m
Putnam: Would it be surprising to you that the Rolling Stones have a doctor on tour with them right now? Wäre es überraschend für Sie zu wissen das die RS einen Arzt auf Tour haben?
Ortega: No.
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ABC7 Court News @ABC7Courts 20m
Ortega said nobody came up to him on the 23rd or 24th expressing concern about MJ. They did on the 19th but not after MJ came back on 23rd.
Ortega sagt niemand kam am 23. oder 24. zu ihn und äußerte irgendeine Besorgnis über MJ. Sie taten es am 19. , aber nicht nachdem MJ am 23. zurückkam.
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ABC7 Court News @ABC7Courts 21m
The week of June 15th is when Ortega grew concerned with Michael Jackson.
Die Woche von 15. Juni war die Woche wo Ortegas Besorgnis über MJ wuchs.
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ABC7 Court News @ABC7Courts 21m
Putnam: Did you see Michael deteriorate over 8 weeks?
Putnam: Sahen Sie das MJ sich über 8 Wochen verschlechterte?
Ortega: I would've not used the word deteriorate to describe what I saw. Ich würde nicht das Wort verschlechtern nennen um es zu beschreiben
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ABC7 Court News @ABC7Courts 21m
"However, the sell out at the O2 for 50 shows showed he still had drawing power," Ortega opined.
"Wie auch immer der Ausverkauf der 50 Shows zeigt das er immer noch hohe Anziehungskraft hatte" sagt O.
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ABC7 Court News @ABC7Courts 21m
Putnam did re-cross.
Ortega: Michael had not performed in 10 years. Whether he'd command the world like he had before remained to be seen.
Ortega: MJ hat nich in 10 Jahren performt. Ob er die Welt wie vorher beeindruckt hätte hätte man ers sehen können.
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ABC7 Court News @ABC7Courts 22m
Ortega said he never told Faye MJ had to face his fears; used the word tough love, may have said the show could be cancelled if not ready.
Ortega sagt er sagte Faye nie MJ hat sich seinen Ängsten zu stellen, nutzte das Wort tough love, mag gesagt haben die Show wird gecancelt wenn nicht fertig.
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ABC7 Court News @ABC7Courts 23m
Katherine Jackson nodded in the audience in agreement. "In respect of why we are all here for, that's not nice," Ortega said on the stand.
Kathrine stimmte in die Übereinstimmung des Publikums ein. "Im Respekt weswegen wir alle hier sind, es ist nicht schön, sagt O.
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ABC7 Court News @ABC7Courts 23m
Ortega then opined: If Michael ever heard you talk like that it would not be appropriate. Isn't that right Mrs. Jackson?
Ortega sagte: Wenn Michel je gehört hätte Sie sprechen so über ihn würde er es nicht angemessen gehalten haben. Ist das richtig Mrs. Jackson?
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ABC7 Court News @ABC7Courts 23m
Panish: Did you heard Murray walked out and said he couldn't take this s**t anymore?
Panish: Haben Sie je gehört das Murray raus ging und sagte er kann die Scheiße nicht länger machen?
Ortega: No, I never heard that. Ich hörte das nie
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ABC7 Court News @ABC7Courts 23m
Panish asked if Ortega knew how much pressure AEG was putting MJ and Dr. Murray on. He said no.
Panisch fragt Ortega ober er weiß wie viel Druch AEG auf MJ und Murray legte. Er sagt nein.
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ABC7 Court News @ABC7Courts 24m
Panish: Did you ever learn that Phillips was grabbing Dr. Murray's arm?
Panish: Haben Sie je erfahren das Phlillips Murrays Arm grabschte?
Ortega: I never heard that. Ich habe das nie gehört.
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ABC7 Court News @ABC7Courts 24m
Phillips didn't do anything to stop Dr. Murray's admonishment of Ortega in the meeting, Panish said. Ortega agreed.
Phillips machte nicht um Der. Murray Verhalten gegen Ortega im Meeting zu stoppen. Ortega stimmt zu .
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ABC7 Court News @ABC7Courts 24m
Ortega said Dr. Murray did not have the same mindset as him in the June 20th meeting.
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ABC7 Court News @ABC7Courts 24m
Panish asked if Ortega was doing his job when he sent email w/ concerns. "More than just doing my job, looking out for my friend" he said.
Panish fragt Ortega ob er seinen Job machte als das E-Mail mit der Besorgnis absendete. "Mehr als meinen Job machen, nach einem Freund schauen", sagt er.
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ABC7 Court News @ABC7Courts 25m
Panish: You expect AEG to check them out, not being under conflict of interest situation?
Panish: Sie erwarten das AEG sie ausscheckt, nicht im Intressenkonflikt zu sein?
Ortega: Yes.
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ABC7 Court News @ABC7Courts 25m
Panish: I want you to assume that AEG Live hired Dr. Murray. Would you expect them to hire a fit and competent doctor?
Ortega: Yes.
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ABC7 Court News @ABC7Courts 25m
"Eventually he started to decline and disappear," Ortega recalled.
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ABC7 Court News @ABC7Courts 25m
Ortega: MJ was very cool, bold, strong in his ideas and what he wanted all through the beginning of the process.
Ortega: MJ war sehr cool, stark in seinen Ideen und er wollte alles zu Beginn des Prozezsses.
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ABC7 Court News @ABC7Courts 26m
Panish: Did you think MJ was irresponsible?
Panish: Denken Sie MJ war unverantwortlich?
Ortega: It seemed to me that he was in trouble. Er schien in Schwierigkeiten zu sein.
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ABC7 Court News @ABC7Courts 26m
Ortega suggested another physician, not Murray, come to check MJ out.
Panish: You didn't think Dr Murray was doing a good job?
Panish: Denken Sie das Dr. Murray einen guten Job machte?
Ortega: No
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ABC7 Court News @ABC7Courts 26m
Panish: Did you say that after MJ died? Dachten Sie dies nachdem MJ starb?
Ortega: No, I think I'd have said it sooner than that. Nein, ich würde sagen früher.
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ABC7 Court News @ABC7Courts 27m
Panish: Sir, did you tell anyone that MJ should've been taken to the hospital? Sagten Sie jemand MJ soll ins Krankenhaus gebracht werden?
Ortega: I might have. Ich mag es gemacht haben
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ABC7 Court News @ABC7Courts 27m
Panish: Did you have concerns about his physical condition on June 14?
Panish: Haben Sie Besorgnis über seine phys. Situation am 14. Juni?
Ortega: I'd say yes. Ich würde sagen ja.
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ABC7 Court News @ABC7Courts 27m
"It was fairly obvious he was not moving forward in the rehearsals with this sort of tempo," Ortega testified.
"Es war offensichtlich er ging nicht vorwärts mit den Proten in angemessenen Tempo" sagt o.
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ABC7 Court News @ABC7Courts 28m
Ortega said he didn't see MJ at practice for a long period of time in June.
Panish: In June, he didn't show at all? Im Juni kam er nicht zu allen Proben?
Ortega: That's correct
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ABC7 Court News @ABC7Courts 28m
Ortega: Most of us have never seen anyone work as hard to accomplish something as MJ.
Ortega: Die meisten von uns haben niemand so hart arbeiten gesehen um etwas reichen wie es MJ hat.
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ABC7 Court News @ABC7Courts 28m
Panish: Was MJ perfectionist?
Ortega: That would be something that people would have called him.
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ABC7 Court News @ABC7Courts 28m
"Yes, he did change over time," Ortega said about Michael Jackson.
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ABC7 Court News @ABC7Courts 28m
Panish: Did you ever have assistant producer say she was afraid an artist would die in weeks of a show and they actually did die?
Ortega: No
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ABC7 Court News @ABC7Courts 29m
Ortega said he disagrees with anyone who says there's no way MJ could've done 50 shows.
Ortega sagt er stimmt nicht darin überein, dass es nicht sein kann das MJ die 50 Shows gemacht hätte.
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ABC7 Court News @ABC7Courts 29m
"He sold 50 shows," Ortega said. "Pretty awesome, historical." Er verkaufte 50 Shows aus. Wirklich überwältigend, historisch, sagt O.
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ABC7 Court News @ABC7Courts 29m
Ortega: I think the Stones come close, McCartney come close. But if MJ was not the number one, he was very close.
Ortega;: Ich denke die Stones kommen nahe, McCarteny ist nahe. Aber wenn MJ nicht die Nimmer eins ist, dann war er sehr nahe.
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ABC7 Court News @ABC7Courts 29m
Ortega: I'd think if done right, that Michael would be the highest draw on the planet. Panish: You don't think Celine Dion would be bigger?
Ortega. Ich würde sagte, wenn richtig gemacht hat Michael die höchste Anziehungskraft auf dem Planeten. Panish: Denken Celine Dion ist größer?
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ABC7 Court News @ABC7Courts 29m
Panish: Are you aware of any artist in the world with the drawing power of Michael Jackson?
Panish: Kennen Sie einen Künslter der mehr Anziehungskraft hat als MJ?
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ABC7 Court News @ABC7Courts 29m
Email from Gongaware to Ortega on March 25, 2009:
I'm afraid we may not be able to meet your financial requirements for a deal.
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ABC7 Court News @ABC7Courts 29m
Ortega said, at one point, there was a standstill regarding his contract.
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ABC7 Court News @ABC7Courts 30m
Earlier in the trial, Ortega testified rehearsal schedule and attendance was up to Dr. Murray and Randy Phillips.
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ABC7 Court News @ABC7Courts 30m
"I recalled that Dr. Murray was going to be responsible for the schedule," Ortega said.
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ABC7 Court News @ABC7Courts 30m
Email from Woolley to Bob Taylor saying Randy Phillips and Dr. Murray were responsible for MJ rehearsal and attendance schedule.
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ABC7 Court News @ABC7Courts 32m
Panish: Were you ever involved in a show where promoter was buying saline, catheter, needles for a doctor?
Ortega: No.
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ABC7 Court News @ABC7Courts 32m
Panish: Were you ever involved in a show where promoter was buying CPR machine?
Ortega: Not that I know of.
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ABC7 Court News @ABC7Courts 32m
"I don't think producers can fire Cher," Ortega said.
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ABC7 Court News @ABC7Courts 32m
"I don't think producers can fire Tom Cruise," Ortega opined. Panish said movies are different from singers.
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ABC7 Court News @ABC7Courts 32m
"I assume they could give a good try," Ortega responded. "I assume they could do that but I doubt it would last more than 24 hours."
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ABC7 Court News @ABC7Courts 33m
Panish: The producer could fire you if they wanted, right?
Ortega: I think Michael would not be happy with that.
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ABC7 Court News @ABC7Courts 33m
Panish asked if MJ could've been fired by AEG. "No, he was a partner," Ortega responded. He said Michael told him that.
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ABC7 Court News @ABC7Courts 34m
Ortega clarifies that the only artist, "the" artist, was Michael Jackson.
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ABC7 Court News @ABC7Courts 34m
Ortega said he thinks it's unusual for producers to engage attorneys to hire a doctor for an artist.
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ABC7 Court News @ABC7Courts 34m
Panish: In all your years in the industry, have you ever heard a producer involved in hiring a doctor for an artist?
Ortega: I haven't.
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ABC7 Court News @ABC7Courts 34m
Ortega: It seemed like it was doctor related, so it wasn't like taking drugs but just being under the influence.
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ABC7 Court News @ABC7Courts 34m
Panish asked is Ortega saw MJ several times appearing under some kind of drugs during TII.
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ABC7 Court News @ABC7Courts 34m
Ortega: I assumed sleep had to be a part of it, he looked rested.
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ABC7 Court News @ABC7Courts 34m
Panish asked Ortega to assume MJ was getting Propofol for 60 days then didn't have Propofol the last few days before his death.
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ABC7 Court News @ABC7Courts 35m
Panish: The symptoms he had, did it seem like someone who wasn't sleeping?
Ortega: I think that might have been a factor there.
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ABC7 Court News @ABC7Courts 35m
Panish: And before that you thought he was not having any sleep?
Ortega: Yes.
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ABC7 Court News @ABC7Courts 35m
In re-direct, Panish asked: Prior to June 23rd, you thought Michael got real organic sleep?
Ortega: Yes.
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ABC7 Court News @ABC7Courts 36m
Ortega said said excitement was pretty unanimous among all the people working on "This Is It."
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ABC7 Court News @ABC7Courts 36m
Putnam: Did you have concern on the 23rd or 24th he was taking drugs?
Putnam: Hatten Sie Besorgnis am 23. oder 24. wegen Medikamenteneinnahme?
Ortega: No.
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ABC7 Court News @ABC7Courts 36m
Ortega felt less excited, deeply grateful about MJ's come back.
"Maybe it was a lot of rest," Ortega opined. "He did seem rested, stronger"
"Vielleicht war es viel Ruhe" sagt O. Er schien ausgeruht, stärker"
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ABC7 Court News @ABC7Courts 37m
MJ also rehearsed and performed. Ortega said he was feeling they were back on track, believing they were in a new chapter.
MJ probte und performte. Orteag sagte er fühlte sie wären zurück auf dem Track, glaube es wäre ein neues Kapitel.
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ABC7 Court News @ABC7Courts 37m
Ortega said MJ was almost as good on the 24th as the 23rd. He seemed a little tired from the day before but talked about things for the show
Ortega sagte MJ war am 24. fast genauso gut wie am 23. Er schien etwas müde vom Tag zuvor aber sprach viel über die Dinge in der Show.
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ABC7 Court News @ABC7Courts 37m
Ortega: Everybody felt there was a different Michael in the room.
Ortega: Jeder fühlte da war ein anderer Michael im Raum.
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ABC7 Court News @ABC7Courts 38m
Ortega said he just embraced it and went with it. "We were all delighted" Ortega recalled. "The energy in the room changed, hope returned"
"Wir waren alle erfreut, erinnert sich Ortega. Die Enerige im Raum änderte sich, die Hoffnung war zurück."
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ABC7 Court News @ABC7Courts 38m
Ortega: He was in charge. Not only capable to rehearsing but to talk about other aspects of production, like films, the effects, costumes.
Ortega: Er war in Charge. Nicht nur fähig zu proben, sondern auch über die Aspekte der Produktion zu reden, wie Film, Effekt, Kostüme.
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ABC7 Court News @ABC7Courts 39m
MJ was there a number of hours, Ortega said. He went thru a number of songs.
MJ war einige Stunden da. Er ging durch eine Reihe von Songs.
Putnam: Had he taken the reins?
Putnam: Hat er die Zügel in die Hand genommen?
Ortega: Yeah
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ABC7 Court News @ABC7Courts 39m
Putnam: How was the rehearsal? Wie waren die Proben?
Ortega: Great. It was one of the best rehearsals we had up until then. Großartig. Es war eine der besten Proben, die er bis dahin gemacht hat.
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ABC7 Court News @ABC7Courts 39m
"It was like metamorphosis," he said.
"Es war wie eine Wiederauferstehung", sagt er
Putnam asked if Ortega inquired MJ what had happened. "I din't pry in his personal live," he replied
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ABC7 Court News @ABC7Courts 39m
Ortega said MJ was always a little chill, but not like on the 19th. The director was surprised how quickly MJ got better.
O. sagt MJ war immer etwas kalt, aber nicht wie am 19. Der Dirketor war überrascht wie schnell es MJ besser ging.
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ABC7 Court News @ABC7Courts 40m
Ortega: He seemed healthy, ready and happy, there didn't seem to be any left over issues from the 19th.
Ortega: Er erschien gesund, ready und fröhlich und es schienen keine Probleme mehr von 19,. vorhanden.
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ABC7 Court News @ABC7Courts 40m
Putnam: Completely different?
Ortega: Completely
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ABC7 Court News @ABC7Courts 41m
Ortega said the meeting on June 20th was at MJ's Carolwood home. On June 23rd, Ortega testified MJ was in great spirits, ready to work.
Am 23. Juni war MJ in großem Spririt, bereit zu arbeiten.
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ABC7 Court News @ABC7Courts 42m
Ortega: He was unbelievable! His reasons for doing the tour were incredible. He was motivated.
Ortega: Er war unglaublich. Seine Gründe um die Tour zu machen waren unglaublich. Er war motiviert.
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ABC7 Court News @ABC7Courts 42m
"He seemed exhilarated, excited, like the Michael I always knew," Ortega described.
"Er erschien aufgeregt, motiviert, wie der Michael den ich immer kannte" sagt O.
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ABC7 Court News @ABC7Courts 42m
Ortega: I think the arrival of his children in his life brought something he didn't have before.
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ABC7 Court News @ABC7Courts 42m
Ortega: I was happy for him, because he had been through so much, I wanted him to be the King again.
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ABC7 Court News @ABC7Courts 42m
"Michael wanted to get out on the road," Ortega said.
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ABC7 Court News @ABC7Courts 42m
"I think seating in a theater for 5 years in Las Vegas wasn't really attractive to him," Ortega explained.
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ABC7 Court News @ABC7Courts 43m
Ortega said MJ was being approached by someone from American Idol, also Randy Phillips approached him, they wanted to do something with him.
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ABC7 Court News @ABC7Courts 43m
The director described MJ very excited, even not knowing yet what "TII" was going to be, but feeling exhilarated.
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ABC7 Court News @ABC7Courts 43m
Ortega said he had dinner with MJ a couple of times, MJ took his children to see High School Musical, and that he looked fined.
Ortega sagt er hatte Dinner mit MJ einige Male, MJ brachte seine Kinder um High School Musical zu sehen und er sah gut aus.
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ABC7 Court News @ABC7Courts 43m
Putnam: Were you concerned MJ was doing drugs before "TII" in 2008?
Putnam: Hatten Sie Sorge das er MEDIS nahm vor TII in 2008?
Ortega: No, I saw him. Nein, ich sah ihn
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ABC7 Court News @ABC7Courts 44m
Putnam: Did you have any concern with MJ's health?
Ortega: I don't recall having any concerns
P: How about mentally?
O: No
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ABC7 Court News @ABC7Courts 44m
"HIStory" tour rehearsal was done in Los Angeles, Ortega said.
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ABC7 Court News @ABC7Courts 44m
MJ was transported to the hospital. Ortega didn't go, because he said he wasn't invited. "Certainly concerned," though, he explained.
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ABC7 Court News @ABC7Courts 44m
He said security responded quickly, everybody stayed away to give paramedics room to work.
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ABC7 Court News @ABC7Courts 44m
Ortega was present at Beacon Theater when MJ collapsed. He didn't see the artist fall, though.
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ABC7 Court News @ABC7Courts 45m
Putnam: But at no time you thought he was using drugs?
Ortega: No.
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ABC7 Court News @ABC7Courts 45m
Putnam: Was he physical well?
Ortega: He seemed tired and unhappy, stressed.
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ABC7 Court News @ABC7Courts 45m
Ortega was called to help MJ with the HBO special.
Putnam: He seemed well to you?
Ortega: Unhappy
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ABC7 Court News @ABC7Courts 45m
At this time, MJ was living at Neverland. Ortega said they never rehearsed at MJ's ranch, but a stage in Los Angeles.
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ABC7 Court News @ABC7Courts 45m
Putnam: Did you have any concerns he might have been using drugs then?
Ortega: No
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ABC7 Court News @ABC7Courts 45m
Ortega said he usually likes to stay in tour until everything is working to everybody's satisfaction. He said it may be 4-5 shows or 8-10
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ABC7 Court News @ABC7Courts 46m
Ortega's first time working with MJ was in the "Dangerous" tour. He said he may have been director of the project. It was in 1992-93.
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ABC7 Court News @ABC7Courts 46m
"He was strong," Ortega said.
But 20 years later, when Ortega worked with MJ in the "This Is It," the director said MJ was much different.
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ABC7 Court News @ABC7Courts 47m
Putnam: In your opinion, was Mr. Jackson always skinny?
Ortega: In the early years I worked with him he was light, lean performer.
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ABC7 Court News @ABC7Courts 47m
"I might have been a little concerned (with his weight) when I brought that up, yes," Ortega testified.
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ABC7 Court News @ABC7Courts 48m
Ortega said MJ liked to be in a certain kind of place (weight) to execute his moves and to get the look he wanted.
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ABC7 Court News @ABC7Courts 48m
The singer would smile and answer "okay" in a very loving way, Ortega recalled.
Der Sänger würde lächeln und antworten "okay" in einer liebesnwürdigen, warmen Weise, erinnerte sich Ortega.
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ABC7 Court News @ABC7Courts 48m
MJ wasn't really fond of massage, Ortega said. "Don't forget to eat, get some rest," Ortega would tell MJ.
Ortega "Vergessen nicht zu essen, bekomme etwas Ruhe, Sagte O. zu MJ.
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ABC7 Court News @ABC7Courts 48m
Ortega said he would talk to MJ, as a performing artist, and ask if he was focusing on nourishment, health, warming up, stretching, sleeping
Ortega sagt er sprach mit MJ wie zu einem performenden Künstler und fragte ihn zu achten auf seine Ernährung, Gesundheit, warming up, Stretching, Schlafen.
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ABC7 Court News @ABC7Courts 48m
Putnam: Did you ever talk to him about nutrition?
Ortega: As a general idea
P: Physical therapy?
O: Yes
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ABC7 Court News @ABC7Courts 49m
"Because he came out of rehab," Ortega said. "He was moving on with his life in a healthy way, hopefully."
"Weil er aus der Reha kam. Er fuhr mit seinem Leben fort in einer gesunden Weise, hoffentlich.
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ABC7 Court News @ABC7Courts 49m
Putnam: Did you have any reservation to work with him after rehab?
Putnam: Hatten Sie Bedenken mit ihm zu arbeiten nach seiner Reha?
Ortega: No
P: Why not?
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ABC7 Court News @ABC7Courts 49m
Ortega never asked MJ about his rehab stint or any drug use.
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ABC7 Court News @ABC7Courts 49m
Someone on behalf of Michael Jackson contacted Ortega to be part of the HBO special.
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ABC7 Court News @ABC7Courts 49m
Putnam: Were you responsible for MJ's health?
Putnam: Waren Sie für MJs Gesundheit verantwortliche?
Ortega: No.
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ABC7 Court News @ABC7Courts 49m
Ortega: I wanted to take care on him, you want to take care of someone when something is not right, but you can't be responsible.
Ortega: Ich wollte für ihn sorgen, Sie möchten für jemand sorgen wenn etwas nicht stimmt, aber Du kannst nicht verantwortlich sein.
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ABC7 Court News @ABC7Courts 50m
Jurors were writing viguroulsy at this point. Juror number 6 looked over at Katherine Jackson.
Juroren schrieben eifrigt mit an diesem Punkt. Juror 6 schaute zu K. Jackson.
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ABC7 Court News @ABC7Courts 50m
Ortega: I didn't think he was being very responsible, but it was his responsibility, in my opinion.
O: Ich nicht das er sehr verantwortlich war, aber es war seine Verantwortung in meiner Meinung.
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ABC7 Court News @ABC7Courts 50m
Putnam: Do you think MJ was being responsible with his own health?
Putnam: Denken Sie das MJ für seine Gesundheit verantwortlich war?
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ABC7 Court News @ABC7Courts 50m
"Adults are responsible for their own health," Ortega opined.
Erwachsene sind verantwortlich für ihre eigene Gesundheit sagt O.
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ABC7 Court News @ABC7Courts 50m
Ortega: I worked with 10,000 people in the Olympics, how can I be responsible for everybody's health?
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ABC7 Court News @ABC7Courts 50m
Putnam: Did he (Murray) offer any explanation of what happened to MJ the night before?
Ortega: I don't believe so.
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ABC7 Court News @ABC7Courts 51m
Putnam: Did you talk about drugs in that meeting?
Ortega: No
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ABC7 Court News @ABC7Courts 51m
Ortega said Michael explained in the meeting that what Dr. Murray said was not what had occurred.
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ABC7 Court News @ABC7Courts 51m
Ortega: I'd like to think that Michael would not set me up that way, I'd like to think Dr. Murray misunderstood Michael.
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ABC7 Court News @ABC7Courts 51m
Ortega said Dr. Murray told him to be the director and to quit his concerns with Michael Jackson's health because it was not his job.
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ABC7 Court News @ABC7Courts 51m
Ortega: I did think it was right he didn't rehearse that night, I did think it was the right thing he went home.
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ABC7 Court News @ABC7Courts 51m
Ortega said, at one point, MJ told him he was going home. "I said yes, go home, tuck your children in, feel better," Ortega described.
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ABC7 Court News @ABC7Courts 51m
Ortega: I looked at Michael and asked him to tell what had happened, that I didn't forbid Michael of anything.
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ABC7 Court News @ABC7Courts 51m
Ortega testified he said: 'Wait a minute, that's not at all what happened.' The director recalled Dr. Murray said MJ told him that.
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ABC7 Court News @ABC7Courts 52mZuletzt geändert von Lena; 10.08.2013, 07:39.
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