Opening Statements / Witnesses for KJ

posted by admin Fairy


Michael Jackson - Medical Expert:
'Conrad Murray Was Not Qualified To Give Michael Jackson Propofol'

Michael Jackson's personal physician Dr. Conrad Murray was not qualified to administer the powerful anaesthetic which killed the pop superstar, a Los Angeles court has heard.

Expert cardiologist Dr. Daniel Wohlgelernter took the stand on Tuesday (07May13) to testify on behalf of Jackson's mother, Katherine, in her wrongful death trial against bosses at Aeg Live, the promoters behind her son's doomed This Is It comeback gigs.

Wohlgelernter was the first medical expert called as a witness in a bid to discredit the jailed doctor, who is currently serving time for involuntary manslaughter after administering the fatal dose of Propofol that resulted in Jackson's 2009 death.

The cardiologist told the court that only anaesthesiologists should administer Propofol and Murray did not have the proper qualifications to do so. He also highlighted Murray's lack of expertise in the fields of drug addiction and insomnia, both of which require specialised training.

Katherine Jackson and her legal team are hoping to land billions of dollars from Aeg Live executives, claiming they were negligent in ignoring her son's life-threatening health issues and blaming them for hiring Murray to treat the tragic singer.

Aeg executives have denied all wrongdoing and insist the singer hired Murray.

Jurors were also given full details of Jackson's autopsy report in court on Tuesday as officials confirmed the King of Pop suffered from a skin condition which whitened his skin and that he had his hairline and eyebrows tattooed on. He weighed just under 136 pounds (61.6 kilograms) at the time of his death.


Dr. Wohlgelernter is a cardiologist in Santa Monica. He was retained by Katherine Jackson to opine on Conrad Murray’s care of her son.

AEG attorney Cahan tried to get Dr. W. to change his opinion that Murray was unqualified to treat addiction, sleep issues.

Dr. W. stuck to his opinion that Murray was unqualified to treat Jackson. He did say Murray was qualified as an internal medicine.

Cahan asked Dr. W. to testify about Murray’s proposed contract w/ AEG. Doctor said he wasn’t qualified to testify about its elements.

During the morning session, Dr. W testified about elements of the contract, including descriptions of med equipment included in the contract

Dr. W. said he has never administered propofol and he’s never written a patient a prescription for propofol.

Cahan asked Dr. W. about whether he’d heard of different classes of doctors and internists administering propofol. Dr. W. said no each time.

Cahan Asked Dr. W. similar questions about CPR. He said it was reasonable to expect a cardiologist, internist, etc. to give proper CPR

Dr. W. also said he’d never heard of an anesthesiologist administering propofol in a residence.

Dr. W. was also asked about Dr. Murray’s training and education. He said Murray studied, trained at respectable institutions.

Dr. W’s testimony has been a way for Katherine Jackson’s attorneys to introduce emails from AEG execs about Jackson and Murray.

Dr. W. talked about email from Paul Gongaware telling Jackson assistant Michael Amir Williams that Murray was on board at $150k/mo.

He also discussed another email from an AEG executive basically confirming details with Dr. Murray, including need for med equipment.

Dr. W. concluded his testimony by saying he wasn't aware of any investigation AEG did into Murray's background.

AEG attorney Kathryn Cahan did ask Dr. W. if the company could have asked Murray about Jackson's medical conditions.

Dr. Wohlgelernter said they couldn't have because of HIPPA, the medical privacy law.

Additional

Wohlgelernter said he reviewed Murray’s tour contract and was surprised he agreed to close his practice and become “entirely dependent” on one patient.

If Jackson couldn’t perform and the series was canceled or postponed, AEG could bail out on Murray’s $150,000-per-month job with little warning, records have revealed.

“In my opinion, that creates a conflict of interest,” Wohlgelernter said.

He testified on the sixth day of the negligence trial pitting Jackson’s mom and kids against concert promoter AEG Live.

Lawyers for AEG objected to much of Wohlgelernter’s testimony, including his statement that Murray was operating with an obvious conflict.

Under cross examination by AEG, Wohlgelernter acknowledged he charges more than $4,000 for a half day of expert testimony, and that Katherine Jackson’s side was footing the bill.

A lawyer for AEG also questioned his understanding of Jackson’s health history and whether there was public knowledge of the superstar’s profound sleep issues prior to 2009.

The AEG lawyer, Kathryn Cahan, also got Wohlgelernter to admit that Jackson had his own power to unilaterally terminate Murray’s contract and that there was nothing in Murray’s professional history to suggest he would administer propofol as a sleep aid.

Wohlgelernter told jurors he reviewed the details of Jackson’s fatal propofol overdose and concluded Murray administered the surgery-strength anesthetic without proper training, equipment or backup staff.

Murray was convicted in 2011 and is serving four years for recklessly providing propofol in a private bedroom as a treatment for insomnia.

“My opinion is that Dr. Murray did not adequately monitor Mr. Jackson during the administration of propofol,” Wohlgelernter said Tuesday. “The most striking departure was the fact that Dr. Murray left Michael Jackson alone and unattended.”

He testified that propofol should be administered by dedicated anesthesiologists, not cardiologists, and that Murray botched resuscitative efforts with the 20-minute delay related to the 911 call.

He said Murray should not have given in to pressure from his sleep-hungry, drug-seeking patient.

“The physician ultimately has the responsibility with the medication that he or she prescribes to carefully evaluate the risks and benefits,” he said. “It’s unacceptable for a patient to dictate to the physician what medication should be used and what cautions should be abandoned.”

posted by Nimue on Wednesday, May 8th 2013 @ 6:51 PM

Associate producer Sankey

Dancer auditions started April 6th 2009 and hundreds tried out. They hired about 100 (huge show)!!!

Sankey was at a wardrobe meeting with MJ when he said to her she looked good..Had she lost weight? She said she works out. MJ nice to all

Her first encounter with MJ he asked her who did her eyes? She said she did and then she wanted to Melt!

She spoke to MJ's assistant because she noticed MJ had holes in the soles of his dancing shoes.

At about 10:40a, OJ Judge Lance Ito entered the courtroom and sat in the gallery. He asked ABC7 Miriam Hernandez trial details.

Judge Ito said he is having lunch with Jackson Judge Yvette Palazuelos. Direct Examination of Sankey continues at 1:30p.

Sankey says it took around three months to shoot “Smooth Criminal” music video. Says watching Jackson work influenced her creative process.

Panish then shows a February 1987 photo of Jackson and Sankey. They have their arms around each other, and Jackson is smiling.

Producers expressed concern on MJ rehearsal attendance by the beginning of June. Sankey was worried

Plaintiff’s attorney Brian Panish played “Smooth Criminal.” He paused it occasionally so Sankey could explain her role.

In June, MJ kids came to rehearsal. Paris had a purse with candy and pix of MJ. She asked Sankey not to tell MJ about the candy.

Sankey testified MJ was not at rehearsal for the first week of June. He came to rehearsal June 6th.

That was after a tough love meeting with MJ and the show Director and Producer that Sankey said was tough love.

The Director sent MJ home on June 19th after his costume fitting according to Sankey. She me with Director after.

On her way home, she called Director and screamed into the phone that MJ was dying and someone had to do something.

She said he had to go to the hospital. She made Director promise to do something.

Sankey and Director cried together after MJ left because of their concern for him and his physical condition. So thin.

The director, Kenny Ortega, took the call from Randy Phillips of AEG what MJ had died. Sankey says Ortega collapsed.

Producer warned: Michael Jackson's 'dying, he's leaving us'


Los Angeles (CNN) -- Michael Jackson told his tour director days before he died he was hearing God's voice, a producer testified Wednesday.

"God keeps talking to me,"Jackson said.

Those words spoken to Kenny Ortega and Jackson's frail appearance were so disturbing that it caused Ortega and associate producer Alif Sankey to burst into tears at a rehearsal, Sankey said Wednesday in a wrongful death lawsuit filed by Jackson's mother and three children.

Jackson, who was being fitted for his costumes, appeared "extremely thin" and "was not speaking normally" at the June 19, 2009, rehearsal, Sankey told jurors in a trial to determine if concert promoter AEG Live should be held liable in the pop icon's death.

Jurors saw a photo of Jackson at the costume fitting that showed an obviously thin and gaunt man.

Sankey testified that she and Ortega cried together after Jackson left. On her way home, Sankey stopped her car to call Ortega "because I had a very strong feeling that Michael was dying."

"I was screaming into the phone at that point," Sankey testified. "I said he needs to be put in the hospital now."

Sankey became emotional as she testified about the call.

"I kept saying that 'Michael is dying, he's dying, he's leaving us, he needs to be put in a hospital,'" Sankey said. "'Please do something. Please, please.' I kept saying that. I asked him why no one had seen what I had seen. He said he didn't know."

Ortega sent a series of e-mails early the next morning that resulted in a meeting at Jackson's house between Jackson, Dr. Conrad Murray, AEG Live President Randy Phillips and Ortega.

An e-mail from Phillips after that meeting said he had confidence in Murray, "who I am gaining immense respect for as I get to deal with him more."

"This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical," Phillips' e-mail said.

Jackson's last rehearsal was at the Staples Center in downtown Los Angeles on June 24, 2009. Security camera video shown to the jury Wednesday showed him walking with a blanket wrapped around him as he passed Sankey.

"He didn't look good," she testified. "I asked him if he was cold, and he said 'Yes.'"

Jackson sang two songs that last night on stage: "Thriller" and "Earth Song," she said.

"He did it," Sankey said. "He went through it. He wasn't in full performance mode."

Sankey said she was standing next to Ortega at a rehearsal the next afternoon when Randy Phillips called to tell him Jackson was dead.

"Kenny collapsed in our arms," she said.

Michael's creativity

In contrast to six days of testimony mostly about Jackson's death, jurors did hear about the pop icon's creativity during Sankey's testimony

"Michael's imagination was endless," Sankey said. "He would visualize it, and it happened. It was amazing."

Katherine Jackson dabbed tears from her eyes as her son's "Smooth Criminal" video was played in court.

Sankey first met Michael Jackson when she was a dancer in the 1987 video production.

"We got to see Michael's imagination come to life," Sankey said. "That was my first time as a dancer, as an artist, that I was completely inspired by his craft and inspired by his attention to every detail. He was so detailed and he never missed a thing."

Working with Jackson was "magical," she said.

"I dream still to this day that I will be able to create on that level of magic that Michael created," Sankey said. "It was like living a dream of working with an artist like that, and I will treasure it and have it in my memory forever."

Sankey's work as an associate producer and dancer for Jackson's "This Is It" tour put her on the witness list in this trial.

"He shared with me that he was excited to do the show," she said. "He was excited to show his kids, finally to show them who he was, what he was all about; he was very excited about that."

Jurors heard about Jackson's relationship with his three children and their love of their father. Sankey described how they would come with their father to the set each day in early June when he was filming video elements for the show.

"Paris had a purse, and inside her purse, she had all this candy in her purse she didn't want her daddy to know about," Sankey said. "She had these little pictures of her father in her purse that were in frames. She had, like, a lot of them. Her purse was full of candy and pictures of her daddy."

"They loved their daddy," she said.

The "This Is It" concert would have been "a pretty big show," Sankey told jurors.

"It was going to be huge and it was going to be innovative, different," she testified. "From working with Michael in my past, I knew it had to be something that no one's ever seen. It all had to be new and pioneering."

The next witness when court resumes Thursday morning will be Michael Jackson's longtime hair and make up artist, Karen Faye. She was quoted in interviews after Jackson's death saying that the pop star was in ill health weeks before he died.

Spectators in the small Los Angeles courtroom Wednesday morning included Judge Lance Ito, famous for presiding over the O.J. Simpson murder trial in 1995. Ito was there to watch his friend, Judge Yvette Palazuelos, preside over this trial and then go to lunch with her.

http://edition.cnn.com/2013/05/08/showbiz/jackson-death-trial/?hpt=en_c2

posted byadmin Fairy on Thursday, May 9th 2013 @ 3:41 AM

Quote :

On her way home, Sankey stopped her car to call Ortega "because I had a very strong feeling that Michael was dying."

Quote :

"I was screaming into the phone at that point," Sankey testified. "I said he needs to be put in the hospital now."
Sankey became emotional as she testified about the call.
"I kept saying that 'Michael is dying, he's dying, he's leaving us, he needs to be put in a hospital,'" Sankey said. "'Please do something. Please, please.' I kept saying that. I asked him why no one had seen what I had seen. He said he didn't know."

Quote :

Ortega sent a series of e-mails early the next morning that resulted in a meeting at Jackson's house between Jackson, Dr. Conrad Murray, AEG Live President Randy Phillips and Ortega.
An e-mail from Phillips after that meeting said he had confidence in Murray, "who I am gaining immense respect for as I get to deal with him more."
"This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical," Phillips' e-mail said.

Just a few comments here as I hope I will eventually get to the lawsuit in my vids.

I dont remember Kenny Ortega saying that Sankey called him, but I might be wrong. It is still interesting why Ortega, who himself said he was worried, in fact didnt try to get Michael to the hospital, but instead wrote that mail to Randy Philips. How much did Kenny Ortega know? How much does he know about the plan of the bad guys and how much does he know about the hoax?

If he knew there was to be a hoax; it makes sense he didnt try to get MJ to hospital.

If he didnt know there was to be a hoax; it could mean that he knew what the bad guys were doing... wasnt trying to stop them, but sent off the email so that he could clear himself in trial afterwards (and get him off the list of defendants in the Wrongful Death lawsuit like he did)

He could have helped MJ to the hospital and then contacted AEG telling them MJ was there.

So did he knew what the bad guys were up to and then made sure to wash his own hands or did he really believed Randy Philips would give a *****? Let us not forget Kenny Ortega knows Randy Philips pretty well.

Did he know about the hoax and sent the emails to put AEG in a bad light or did he just make sure he wouldnt be part of the blame afterwards?

posted by admin fairy on Thursday, May 9th 2013 @ 4:05 AM

Quote :

Spectators in the small Los Angeles courtroom Wednesday morning included Judge Lance Ito, famous for presiding over the O.J. Simpson murder trial in 1995. Ito was there to watch his friend, Judge Yvette Palazuelos, preside over this trial and then go to lunch with her.

Interesting how the name of O.J.Simpson keeps popping up in this case. According to many conspiracy theorists he was indeed innocent and was only framed by the bad guys because he wouldnt play their game. Is it just a coincidence that Lance Ito was in this particular trial watching his friend preside or is there another reason for this? In 2012 Fox News ran an article about what the different people in O.J.Simpson did after his trial. Judge Lance Ito was the only one who kept a low profile, while others got famous and some made money out of this fame.


Where Are They Now? The O.J. Simpson trial lawyers and Judge Lance Ito

By Jo Piazza

Published February 19, 2012

FoxNews.com

Eighteen years ago football legend O.J. Simpson went on the lam in a white Ford Bronco and forever changed the lives of a handful of legal eagles.

The drama inside the courtroom during the lengthy O.J. Simpson murder trial was more riveting than anything we now watch on reality television, which is why many the players became breakout stars in their own right.

Heck, perhaps tellingly, one of them was even a Kardashian!

Let's start with the prosecution. Lead prosecutor Marcia Clark was vilified following Simpson's acquittal. The attorney who introduced into evidence blood smears in Simpson’s car and the infamous "one bloody glove" was later accused of botching the trial by Nicole Brown’s family, and was picked apart and lampooned by the media during the trial for everything from her hair to her makeup to her style of dress.

The National Enquirer even ran an old topless photo of her.

Clark says the entire process burnt her out big time. In the decade and a half following the trial, she jumped between jobs, working on legal television and radio shows. She wrote scripts for a television drama featuring the Los Angeles DA's office and also continued to work as an appellate attorney.

Later, Clark started writing novels -- legal thrillers about a tenacious DA named Rachel Knight. She published her first legal thriller, “Guilt by Association,” last year and her second,“Guilt By Degrees,” is due out in May. But Clark doesn’t give the Simpson trial any kudos for giving her second career a launch pad (though she did get a reported $4.2 million for her 1997 memoir of the trial, "Without a Doubt").

“It's been 16 years since the verdict. If I'd intended to use the Simpson trial as a platform, I would've jumped on the novelist train a little sooner," Clark told Fox411. "And I never intended to change career paths. When I became a prosecutor, I meant to be one for life. It didn't quite work out that way. But you know what they say, ‘Man plans and God laughs’."

Clark is working on the third installment in her book series, “Guilt By Ambition,” and there is talk of turning the novels into a television series.

“I don’t think they’re going to let me play Rachel though,” Clark said.

Of the defense "Dream Team" of Johnnie Cochran, Robert Kardashian, Robert Shapiro and F. Lee Bailey, only two are still alive.

Kardashian, sire of the notorious reality TV family, died of esophageal cancer in 2003 at the age of 59. His words have recently surfaced from beyond the grave in a series of court filings from his 1999 divorce from Kris Jenner in which Kardashian reveals that he caught his ex-wife cheating on him with another man.

Following the Simpson circus, defense attorney Johnnie Cochran, he of the famous phrase “If it doesn’t fit you must acquit," went on to represent Haitian immigrant Abner Louima, winning him an $8.75 million settlement in his police brutality case against New York City. He also won an acquittal for rap mogul Sean “P. Diddy” Combs in his 2001 stolen weapons case. Cochran died in 2005 from a brain tumor. Combs, the Rev. Jesse Jackson, the Rev. Al Sharpton, Stevie Wonder, Magic Johnson and Simpson himself attended the funeral.

Robert Shapiro, who has gone on to represent celebs like Lindsay Lohan and Eva Longoria, doesn’t like to talk about how the Simpson trial changed his life. “It’s just something I don’t like to comment about,” the attorney told Fox411.

But since the trial he has been busy, founding the websites LegalZoom.com, an online document preparation service, and ShoeDazzle, the shoe rental site helmed by none other than Kim Kardashian. He is also a partner in the firm Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP.

“My focus now is on business law and civil litigation,” Shapiro told us. He is currently embroiled in a high-profile lawsuit representing Las Vegas hotel and resort Wynn against a disgruntled shareholder.

But Shapiro claims his greatest happiness comes from the work he does with his Foundation, named for his son Brent who passed away from a toxic mixture of drugs and alcohol. The foundation seeks to raise drug and alcohol awareness.

Bailey, now 78, is working as a legal consultant in Maine. Last year he released a 46-page document on his website with what he claimed was new evidence that proved Simpson’s innocence.

But not everyone sought fame and fortune following the trial. Judge Lance Ito, the Superior Court judge who presided over the Simpson trial, is still slogging away in the Los Angeles court system. He tells us his life is pretty much the same as it was 18 years ago.

“I’m still ensconced on the 9th floor of the Downtown LA Criminal Courts Building, trying one long cause/complex criminal matter after another. It’s probably [been] 150-plus jury trials since OJ," Ito told Fox411.com. "I’m married to the same woman [a now retired chief of police], live in the same neighborhood, drive the same car, but looking forward to retirement in the not too distant future."

We talked about Lance Ito before when Murray was on trial with the elephant in the courtroom and all the other animals, because Lance Ito also had weird things in his courtroom



“I’m still ensconced on the 9th floor of the Downtown LA Criminal Courts Building, trying one long cause/complex criminal matter after another. It’s probably [been] 150-plus jury trials since OJ," Ito told Fox411.com. "I’m married to the same woman [a now retired chief of police], live in the same neighborhood, drive the same car, but looking forward to retirement in the not too distant future."

One more interesting thing about Lance Ito is that he is married to Margaret Ann York, who was the first woman to attain the rank of "Deputy Chief in the Los Angeles Police Department, being the highest ranking woman officer when she retired. She was also the chief of the Los Angeles County Police. There were talks about whether Lance Ito could be unbiased because of this...

Lance Ito once worked as a Los Angeles district attorney and, at the time of the Simpson trial, was married to one of the LAPD's top officials. Ito's background provoked speculation as to whether he could impartially evaluate the internal actions of the LAPD.

Appointed by California's governor to the bench in 1989, Ito was seen as a wise political choice, inpart because of his Asian heriatge. Later, however, Ito was widely criticized as a poor courtroom manager, allowing far too many side-bars, stalls and delay tactics to exist in his court.

Ito seemed to enjoy press attention. Ito often invited celebrities into his chambers for a visit, and even once privately told Larry King, of CNN's Larry King Live, how he was going to rule on the his decision regarding the admissibility of Simpson's prior domestice violence evidence. Fortunately, King kept the disclosure to himself at the time. At the request of a friend, Ito even gave a controversial interview during the trial.

Often willing to let in as much of the facts as possible, Ito did not often exclude evidence. This was in part his reasoning behind his allowal of the controversial taped interviews of Mark Fuhrman, as evidence of bias.

Ito continues to hold office as a judge in Los Angeles.

He currently hears felony criminal cases at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles. Los Angeles County announced on April 17, 2012 that Ito's courtroom, along with 55 others, will be closed due to budget cuts. Ito will serve as a fill-in judge

posted by admin Fairy on Thursday, May 9th 2013 @ 5:09 AM

Michael Jackson wrongful death trial: Cell phone records show Dr. Conrad Murray may have requested help from mistress in covering his tracks

LAPD Det. Orlando Martinez testified that Dr. Conrad Murray called his girlfriend from the ambulance carrying Jackson and himself to the hospital, indicating he may have been in a hurry to cover his tracks

The cardiologist convicted of involuntary manslaughter in Michael Jackson’s death called his mistress while riding in the ambulance taking the singer to the hospital — evidence he may have requested help in covering his tracks, it was revealed Wednesday.

Los Angeles Police Det. Orlando Martinez said cell phone records show Dr. Conrad Murray called his girlfriend, Nicole Alvarez, at 1:08 p.m. on June 25, 2009, a minute after the ambulance carrying him and his stricken mega-star patient left Jackson’s home for Ronald Reagan UCLA Medical Center.

“Do you have an opinion as to the substance of that call?” Brian Panish, a lawyer representing Jackson’s mother and children in their negligence lawsuit against concert promoter AEG, asked Martinez.

“Yes,” the lawman replied, explaining that he had interviewed Alvarez and served a search warrant at her Santa Monica address.

“What was determined?” Panish asked.

“I found one piece of paper with Dr. Murray’s name — that had fallen behind the door of a cabinet — in the entire apartment (where) he’d been staying at (for) at least two months,” Martinez replied.

Panish asked whether he found that suspicious.

“Yes,” Martinez replied. “He was living there, and none of his stuff was there.”

Prior criminal proceedings against Murray revealed the doctor — convicted at trial in 2011 — had pharmacy shipments sent to Alvarez’s address.

Martinez was the second witness called before the jury of six men and six women in Los Angeles County Superior Court for the civil case in which the Gloved One’s family argues that AEG, promoter of Jackson’s ill-fated comeback tour, had a hand in his drug-fueled demise.

After the jury left the courtroom Wednesday, Katherine Jackson’s lawyers said they believed they could locate Michael’s longtime nanny and confidante, Grace Rwaramba, and plan to call her as a witness as the trial proceeds.

“We couldn’t find her, no one could find her,” lawyer Kevin Boyle said of the last-minute addition. “But we think we’re going to be able to find her, hopefully.”

Read more: http://www.nydailynews.com/entertainment/gossip/coverup-michael-jackson-jailed-doc-article-1.1332513#ixzz2SnR98t1r

posted by Nimue on Thursday, May 9th 2013 @ 1:21 PM


Make up artist Karen Faye


“I didn’t like it at the time, but now that I look at it, I look pretty good.” _ Faye says of Jackson's makeup job. Lots of laughter.

The jury is shown a photo of Jackson doing Faye’s makeup, brush touching her face. Panish asks her how Jackson did.

Before court resumed, makeup artist/stylist Karen Faye and Katherine Jackson hugged in the courtroom. Mrs. Jackson seemed happy to see her.

Despite the tears, there’s a lot of laughter in the courtroom this morning. Faye and Panish are both cracking jokes at times.

Faye starts out by listing some of her famous clients, including Michael Jackson, Kevin Costner, Annette Bening and Smokey Robinson.

Plaintiff’s attorney Brian Panish next showed Faye a record (yes, vinyl) of Jackson’s “Thriller” album.

Panish asks Faye to read a dedication on the inside of the record. “This album is lovingly dedicated to Katherine Jackson,” she reads.

Jackson’s scalp was badly burned, she tells jury. “I had to figure out, along with him, how to hide his injury,” Faye says.

Panish asks Faye to describe Jackson: “He was a gentleman. He was elegant. He was brilliant.” _ she says as she starts to break down.

After a couple more questions, Faye starts to cry. She gets emotional describing Jackson’s creativity and relationship with his fans.

Faye, a Pittsburgh native, tells jury she traveled the world with Michael Jackson. “I found myself working with this magical person.”

She’s asked about the 1984 Pepsi commercial shoot accident. She says she worked with Jackson after that to mask his injuries.

She says her relationship with MJ grew over the 27 years she worked with him to a brother and sister relationship.

Lots of photos are shown, including a smoky image of Jackson standing on tippy-toes. Debate ensues over what brand the shoes are.

Panish asks if they’re Air Jordans. No, Faye responds. Judge names another brand. Nope, Faye says.

Faye says fans in the courtroom would know the brand of shoes. Before Panish can stop them, two or three voices call out, “LA Gear!”

Is this a fashion trial? First Michael's shoes with holes, than the comment about the shoes Katherine was wearing today and now A WORD FROM OUR SPONSORS...

Panish moves to videos of Jackson performances. He starts off with a performance of “Man in the Mirror” in Bucharest from “Dangerous” tour.





Faye: “You obviously have not seen a Michael Jackson concert in your life.” Panish: “I’m not answering that. I get to ask the questions.”

Is this a convo between friends or a testimony?

“Michael would do five songs to the dancers’ one. I never saw anything like it.” _ Faye says of Jackson’s performances.

Faye’s easygoing demeanor on the stand is in sharp contrast to yesterday’s witness, dancer Alif Sankey. She was stiff, nervous.

He suffered migraines after that injury. He had several surgeries to try to repair the damage to his scalp.

She says when MJ was burned shooting the Pepsi commercial he did not know it and just kept singing. His friend Niko had to tackle him.

One picture shows MJ with tape on his fingers...Karen explains that it was a trick to get the audience to follow his hands.

Before the morning break, Faye was shown video of Jackson's Super Bowl performance.

Laughs & tears as MJ's make up artist Karen Faye testifies; Some jurors seem emotionally touched by MJ videos played in court.

She says she knew he couldn't wear the glove forever.

In the video, fans are screaming, some being carted out on stretchers. Panish asks Faye if this is common for a Jackson concert.

We're on lunch break. Last several minutes of Karen Faye's testimony were very tearful. Updates, story to come soon.

Corina Knoll ‏@corinaknoll 34m

During that trial, MJ would wake, play classical music, watch 3 Stooges-anything that made him happy- before heading to court

♛TeamMichaelJackson♛ ‏@TeamMichael777 49m

Eventually in disguise I was taken to a residence in the county side, beautiful country house full of rehab patient. MJ was there

Anthony McCartney ‏@mccartneyAP 1h

Karen Faye has told jury about pain Jackson felt after Pepsi accident and Munich concert accident, but not in great detail yet.

ABC7 Court News ‏@ABC7Courts 28m

He wouldn't eat or drink during the trial for fear he had to go to the bathoom one of the guards would have to escort him. He was too shy.

Additional:


She says Jackson trusted the advice of doctors to help him sleep and deal with pain from injuries and performances.

Faye says during the "Dangerous" tour, promoters asked that she give Jackson injections of pain medications, but she refused. She says a tour manager who later became a top AEG executive then enlisted a doctor to treat Jackson.

posted by Nimue on Thursday, May 9th 2013 @ 6:33 PM

Karen Faye

Since the lunch break, Faye has been focusing on events concerning "This Is It" tour and what Jackson was like.

We've spent most of the last hour in sidebar discussions about what Karen Faye can testify to. Judge finally let jury take a break.

She said the first time MJ went on stage to perform at the This is It rehearsals, she saw a change in him.

She said MJ's skin was very dry, his eyes were dry, he was losing weight, and he kept repeating himself.

She testified that MJ was showing signs of paranoia. That MJ had to see her when he was on stage always. He would repeat over and over

She had concerns about MJ and expressed those concerns to Kenny Ortega.

On one concert tour, Rowe asked Karen to carry pain medication and learn to give an injection. Karen said no.

She overheard Paul Gongaware from AEG yell into the phone to MJ security to get MJ out of the bathroom.

Ivy ‏@Ivy_4MJ 2h

KF:“I came to learn there was balance of medication,it had to be strong enough to overcome MJ’s pain but not so strong he couldn’t perform.”

Faye testified that MJ wanted to do the Tour for his children. they had never seen him perform. He also wanted to do it for his fans.

She said Director Kenny Ortega and AEG CEO Randy Phillips insisted MJ rehearse.

When she was asked about MJ's hair Fayes asked about her job? The attorney said yes. She couldn't answer...she said it was too personal.

After a meeting between MJ, Ortega, and Phillips, Faye was told not to follow MJ's instructions anymore. She should show tough love.

She became more concerned for MJ's health in the last few days. She forwarded several emails to producers and included her own concerns



Witness: Michael Jackson was paranoid, talking to himself in last days
By Alan Duke, CNN

May 10, 2013 -

Los Angeles (CNN) -- Michael Jackson appeared paranoid, repeating himself and shivering from chills in his final days, his longtime makeup artist testified Thursday.

"This was not the man I knew," Karen Faye testified. "He was acting like a person I didn't recognize."

Faye, who did Jackson's makeup and hair for 27 years, was the sixth witness called by lawyers for Michael Jackson's mother and children in their wrongful death lawsuit against concert promoter AEG Live. She testified Thursday and will return to the stand Friday in a Los Angeles courtroom.

The Jacksons contend that AEG Live is liable in the pop icon's June 25, 2009, death from an overdose of a surgical anesthetic because it negligently hired, retained or supervised the doctor treating him.

Michael Jackson's brightest and darkest moments brought laughter and tears as Faye testified.

His last days

Faye, who traveled with Jackson on his "Bad," "Dangerous" and "History" tours, said she was concerned when she first saw the schedule for Jackson's 50 "This Is It" shows at London's O2 arena.

"On looking at that, I said, 'He can't do this,'" Faye testified. "The shows are far too close together. I knew what he needed between shows. I thought he might last a week."

When she raised the matter with show director Kenny Ortega, "he kind of fluffed it off," she said.

"Michael's adrenaline and what it takes for him to perform with that much effort and what he himself puts into a show, he needed a lot more time to at least get some rest and sleep, and to be healthy and maintain that kind of longevity," she said.

He was "very upbeat, but he was on the thin side" when she saw him in April as preparations for the start of the shows in July were under way, she said. "I thought he had plenty of time to put on some body mass and muscle mass."

Jackson appeared "very, very excited" in early production meetings, but "the first time he actually got up on stage and rehearsed, I saw the change in him."

"The turning point was when he had to get up on stage and actually start performing," she said.

Jackson hated live performances, she said. "It was just too hard on him."

Eventually, "they had to make him rehearse," she said. "They're insisting to the point of going to his home."

In Jackson's last days, Faye was pressured to ignore what Jackson told her to do and instead take her direction from Randy Phillips, AEG's CEO, she testified. She once was ordered to put Jackson on stage and place his earpiece in when he did not want it, she said.

Must have been when he said: "Feels like someones fist is shoved down my ear"


"I was supposed to exhibit tough love" and not listen to what Jackson was telling her to do, Faye testified.

At one point, Jackson locked himself in a bathroom at his home, refusing to leave for rehearsals at the Forum. AEG Live Co-CEO Paul Gongaware, who was in charge of the production, was "angry and kind of desperate to get Michael to the Forum," she said.

She overheard a phone call in which Gongaware was telling Jackson's security guard "to get him out of the bathroom. Do you have a key? Do whatever it takes," she said Gongaware screamed.

At a rehearsal in mid-June, Jackson was "very stoic" and seem "frightened." He was talking to himself, she said. "When I was around, he was repeating himself an awful lot, saying the same thing over and over again."

"He kept repeating, 'why can't I choose,' it was one of the things he repeated over and over again," she said.

A show producer testified Wednesday that Jackson told Ortega "God keeps talking to me."

Faye said she suggested to Ortega that a psychologist should be brought in to assess Jackson.

Faye, who had to touch Jackson when she put on his makeup, said it was "like I was touching ice." At one rehearsal, she covered him with blankets and put a space heater next to him, she said.

"I've never seen him so emaciated," she said.

Faye said she raised her concerns once in June with Phillips. He told her, "Yeah, this is bad. It's not so good. I had to scrape Michael off the floor in London at the announcement because he was so drunk," she said.

Faye testified that Phillips told her at Jackson's funeral that "he tried to do everything he could."

Did she believe him, asked Jackson lawyer Brian Panish.

"Sir, Michael Jackson is lying in a casket only a few feet away from me," she said. "I had no words to respond. That's not everything you can do."

The dark days

Michael Jackson endured pain for years caused by head burns suffered while filming a Pepsi commercial in 1984 and a back injury from an onstage mishap during a concert in Munich, Germany, she said.

Faye, who witnessed both incidents, described them.

"His hair caught fire, but he kept dancing," she said, as jurors watched the infamous video of pyrotechnics igniting Jackson's head as he danced down stairs on a stage. "I was screaming and Miko (Brando) got through somehow and had to wrestle him to the ground, because he had no idea he was on fire. Miko put the fire out with his hand."

The fire burned off a section of hair, which doctors tried to repair with surgery to stretch his scalp, she said. Jackson suffered migraine headaches after that, she said.

Later, a bridge suspended above a stage collapsed as Jackson danced on top of it during a show in Munich, she said.

"When I saw what happened, I thought he could be dead," Faye testified. But Jackson held onto his microphone, stood up and finished the song. "He said 'I can't disappoint the audience,'" she said. So he finished the show finale but collapsed in the dressing room when it was over, she said.

Look like she is making the jurors wonder if they tried to kill MJ both in the bridge incident and the Pepsi incident.. like we have talked about before

"He suffered back pain from that moment on," she said.

Along with the pain, Jackson had trouble sleeping on tour.

Jackson "was so buzzed by his own adrenaline after a show" it would "take him 24 hours to relax his body and, sometimes it would take two days to be able to sleep," said Faye.

"As the tour went on, shows got closer and closer, and he would have trouble sleeping," she said. "It would start out OK, but it would get worse and worse. He tried to find ways to deal with it."

Dealing with it involved a series of doctors, she said.

"Michael always believed that a doctor had his best interest at heart," Faye said. "He believed if he got something through a doctor that it was safe and OK for him to use it."

Faye testified that nurse Debbie Rowe, who would later become Jackson's second wife and the mother of his two oldest children, would travel with them on the "Dangerous" tour in 1992 with "a little bag" of medications.

"Debbie Rowe asked me to learn how to give injections," she said. "I thought about it and said 'No.' I am not qualified to handle any kind of medications."

When the tour was on its way to Bangkok, Thailand, Faye was asked to carry a package she was told contained medicine patches for Jackson's pain, she testified. She refused to travel with it, she said.

Faye testified that the tour doctor, Dr. Stuart Finkelstein, later told her "I'm glad you weren't carrying it. It has vials and syringes. If you had brought this in, you might not be here." The implication was she could have been arrested for smuggling drugs.

Gongaware, now the Co-CEO of AEG Live, was in charge of logistics for the "Dangerous" tour and was involved in the incident, Faye said.

Finkelstein used "a balance of medications strong enough to overcome Michael's pain," Faye said.

Later in the tour in Singapore, Jackson stumbled into his dressing room before a show, she said. "He was having a very hard time walking," she said. "He was glazed over. He fell over a tree."

She told the tour doctor, whom she identified as Dr. David Forecast, that "Michael can't go on."

His show opened with him being thrust onto the stage by a "toaster," which requires him to "curl up and be shot up" from a small enclosure under the stage, she said.

"His arm could be severed," Faye said. "I feared for his safety, I feared for his life. I told Dr. Forecast, 'You can't make him go out. You can't take him.' And he said, 'Yes, I can.'"

The doctor "backed me up against the wall and put his hands around my neck and said 'You don't know what your doing,'" she testified. "I nearly fainted, and he grabbed Michael and took him to the stage."

The show, however, was eventually canceled, she said.

"Michael was under a lot of stress at that time because that's when the first child allegations were made public," Faye said. "Michael had to go on stage every night knowing that the whole world thought he was a pedophile. He had to stand up in front of all these audiences with the physical pain that he had and knowing that everybody in that audience is thinking that he was the vilest pedophile on earth. To this day I don't know how he did that."

The tour ended early when it reached Mexico City "because everybody knew Michael had a problem," she said. Elizabeth Taylor came down to Mexico to get Jackson, and "we all went home."

Faye later flew to England to join Michael at a rehab facility, which she described as a beautiful country home.

Michael's brighter days

Before Faye's darker testimony began, the courtroom was unusually relaxed with smiles and laughs throughout the jury box.

It started when Jackson lawyer Panish asked her "What is a makeup and hair artist?"

"Makeup and hair!" Faye responded, triggering loud laughter from jurors.

"Can you help me?" Panish joked.

Panish had Faye read to the jury the dedication note from the "Thriller" album: "This album is lovingly dedicated to Katherine Jackson."

Faye and Jackson became "very close" starting in the early 1980s, she said. "It was almost like a brother and sister relationship. If I was having trouble, I could call him and he could call me. You talk, you share, you become very close and imagine that over 27 years."

Jurors viewed a series of photos of Faye and Jackson together through the years, including one taken in January 1996, the day after Lisa Marie Presley filed for divorce from Jackson.

Jackson was upset because just before filing, Presley called him and begged him not to file for divorce, she said.

"She begged and begged, saying please don't file," Faye said. Jackson promised not to file, only to see "the next morning it was all over the press that she filed before him." The photo of Jackson out with Faye "was to give the press something to talk about" with Faye being "the mysterious blonde."

Jurors watched several videos that showed Jackson's talent and impact, a sharp contrast to all of the testimony about drug addiction and death.

They viewed several minutes of Jackson's "Thriller," which Faye pointed out was a short film, not just a music video.

Part of Jackson's 1993 Super Bowl halftime show was viewed, including his rendition of "We Are the World." "It was a very big deal, sir," Faye said. "I think it started the trend of having a big artist at the Super Bowl."

A clip from a Jackson concert in Bucharest, Romania, showed jurors how fanatical his fans were, dozens of them fainting as he sang "Man In the Mirror."

When his 1995 MTV awards performance was shown, Faye noted, "He can moonwalk in a circle."

Jackson's stamina during a show was remarkable, she said. "Some dancers would pass out, but Michael would be fine. He was able to do it."

posted by Nimue on Friday, May 10th 2013 @ 12:07 PM

ABC7 Court News ‏@ABC7Courts

It was Kenny Ortega who came to her, hugged her and told her MJ had died. She said she became weak in the knees

She was asked to work on the "This is It" film touching up MJ in the footage. She refused. She thought that would be a lii and couldn't

A makeup on the footage? How? that is new...



Alan Duke ‏@AlanDukeCNN

AEG lawyer actually objected to another AEG lawyer's questioning of Karen Faye in Jackson v AEG trial.

OnlyJustice4MJ ‏@OnlyJustice4MJ

RT @TeamMichael777 OMG.... STEBBINS AEG LAWYER JUST OBJECTED PUTNAM'S AEG LAWYERS QUESTION *palm slaps head* BREAK..

WHAT??????

posted by Nimue on Friday, May 10th 2013 @ 6:27 PM


Well the media didn't post the update yet, so I took it from the twitter of TeamMichaelJackson.. yeah I know...It is from Taaj and she is not impartial..


KAREN EFFING ROCKED IT,,,, IM 60 SIR, PUTNAM REPLIES, SHE ASK HOW OLD R U... THEN SHE SAYS "OBJECTION, HEARSAY... SIDEBAR..." LAUGHTER.

♛TeamMichaelJackson♛ ‏@TeamMichael777

MJ was in bathroom, Bush came out from the bathroom said "OMG, i can see his heart beating he that thin"

(What was Bush doing at the bathroom? Couldn't Michael have any privacy?)


Did Delio saying anything to you...about MJ? He said dont worry about it. Heard Delio ask Bush about food for MJ, Bush said,, Objection.

Where were you when you heard Michael is dead?
I was in the hallway, Ortega put his arm around me and told me

How did you feel?
I can't describe it

Did you prepare Michael for the funeral? Yes, I prepared him for his family to view. Did you hear about a movie to be made? Yes.

What did they want you to do? Retouch the movie.
Did you do it? No sir
Why not? It was a lie, haws not well, everyone was lying

This Is the part where she was invited to put makeup on a footage…

Shows clip, " the way you make me feel" does that deficit Michael accurately? OBJECTION, OVERRULED. he looked better to me in real life

pants TII. Image"I was very concerned I was scared.

Examination by Panish complete.

Cross by Marvin Putnam


Shows image. I can't hold back the tears.... How do you see this? Karen crying... Skeletor and thin. Shows MJ gold pants comparison 2 red

What were you concerns about MJ?
His physiological and physical/
was that all the time? It peaked towards the end.

Putnam wants to get some accurate info re: schedule, Karen can't be certain of exact dates, Putam pushes for exact dates, Panish objects,

Karen can't give definite date without her notes. Putnam recites Karen history over the years. Asking bout managers. Delio quit his job at Sony to be MJ's manager Did not know Delio the whole period employed by MJ. Delio was fired. MJ fired staff all the time? Yes.

You were fired? I was not fired. I was released. You were fired. You too left and came back in. What it odd people came and went? Not really

HAHAHA...


You worked on Moonwalker?Yes. Delio was there?yes. Delio was on Bad tour? Yes sir. There were serious of tours that were cancelled? Can't remember
In Orange County? I can't remember, we did them. Were they delayed? I can't remember. So you don't remember many things.

.No more or less then anyone else, major episodes are very clear. Putnam continues to ask about specific concerts. Karen can't remember.

Ask about Wembly concts yes remembers but not the schedule. Shows clips, ask Karen again(Putnam is (TRIPPING) how can anyone remember 1 show

shows beat it Wembly ..We did this show many times. Then shows Smooth Criminal. Asking Karen to remember the 'Version' yes she remembers

Dangerous tour 1992? Karen's says she will take his word for it. Was Ortega there? Yes not the entire tour/
he &MJ designed that tour? Yes

MJ went into rehab?yes. .. Dr Forcast.
There were 500,000 people in Buchrest? No thar was Ireland yes.
You said Bucrest had 500,000? No sir

Putnam referring to number of years, tours, trying to confuse KF. She replies " I'm not good with numbers Sir. So you don't remember.

It was 1993'm Karen replies " you have done your homework" Putnam flips from PEpsi ad to first allegations.. Yes Sir, yes sir,,,,,, KF

You said someone asked you to take vials & patches to Bangkok? Yes.
Who asked you? Jim Moore $ Debbie Rowe. Who was Moorie? Manager I think

Who was Debbie Rowe? Dr Kleins nurse.
Why were you as a makeup speaking to Debbie Rowe? Excuse me.
How did it happen you were asked?
Because I was going on tour.

Did you ever say to MJ you were concerned about his use of medication?
No sir,he knew I was concerned.

Did u ever say to him about you concerns? This was very painful for him. I was a place of safety for him so didn't bring it up. He thank me

,,,canceling the show

,Did u tell Moorie about your concerns? I was afraid of him.
Did you tell MJ you were asked 2 bring drugs? Can't recall

Did you see Mr Jackson taking drugs or injections, did you give him injections, pills or anything else? No sir.

Were there prescriptions in ur name4Michael? Not that I am aware of.

Do u know Dr Metzger? Yes, sir, he's a nice man/
was there ever a time you bought drugs to Michael
Hesitates,,, does that mean Lattice?
Is it by prescription? Yes/
what it is? It grows eyelashes, and propeesh.
Was it in your name? Yes sir.

I discussed this with Dr Klein&Metzger about cosmetics I was using on Michael, effect etc, During TII tour. Did you talk to any MJ family member about MJ during the dangerous tour? It was afters the tour, mostly Rebbie, LaToy. Many conversations with all members over time

Ask again, have you ever had any conversation with any fam member about MJ med use. Can't remember exact times, but yes, with Rebbie


only prior 2 6/25 Karen can't remember... Many questions.

NOR WOULD WE THIS IS RIDICULOUS,,just bc Putnam has picked out dates &studied them

Putnam ask, did you ever ment bring MJ's prescription any time? recall mentioning it to Mr Bush. Dr Forcast worked with who? It was an..

Insurance company,..Lloyd's, who told you? I don't know how I knew, I just knew. How many times did Dr Ficklestein seenMJ? I don't know.

tour came to an end? Yes sir, MJ went to rehab? Yes sir. You were in Mexico? Yes sir. Did MJ tell you what was happening? No sir,

MJ didn't know this was going 2 happen. MJ Or you didn't know ETaylor was coming??? No sir.

who asked you to go&see MJ at rehab? KF Thinking…. There were2personal assist one of those told KF.

Asked if she tried to find MJ no her own, No, was concerned, wasn't my business 2 find out.

You went to UK to see him? Yes. You didn't know ET was involved? No. I found out later on my own

Putnam asks more detailed questions about tours&episodes, KF replies she only remembers major episodes only. Can't recall any specific time

MJ travelled with the A group. I travelled with B group. Negotiated with Terock? & Gongaware(history tour) didn't continue after 1st leg

Bc of argument with Torock?? Kept arguing with me. I was not allowed to talk to MJ when doing his makeup&salary was lowered

Why not speak to MJ? Never explained why, was about control, most manager wanted 2 replace me, MJ told me this……This is what happens in Hollywood, higher up always want to control those lower down. You were fired? Yes

Did you discuss this with MJ? After Tarock was gone, after History tour I told MJ.

Did any one in the organization ask you why?
Yes people I worked with were inquiring why. MJ didn't? He asked Michael Bush.

Was Debbie Rowe involved? Yes after she told me she was….She apologized to me for playing a role in letting me go. There was a lot going on I was not privy to, she was pregnant she told...

Me she was jealous of me being there with Michael, she thought Michael liked me better, so had her friend replace me….So Miss Rowe was jealous of you? It appeared that way sir. History tour 1996? I'm trying to think. After MJ died I put these things behind

All those blogs &tweets you did was after MJ died? Yes. So you had a concern you didn't have during the tour? I think so

You didn't see Dr Metzger? Towards the end. Dr Klein? Can't remember. You didn't see any other Dr? We travelled in different groups/hotels

After History tour you worked with MJ, how? It was Evvy that called me and said MJ wanted me back. She asked how I felt? I said Great

Did MJ know in detail why you were fired? Mr jackson made Rowe apologies to me, so he knew... Next question KF needs to use the Ladies room

When bridge collapsed MJ bought u back? Be4 that, when was that Karen ask. 1993. P. Gongaware had no part in this tour? I don't think so sir

You witnessed the bridge collapse? Yes sir. You thought he was dead? I didn't know what happened, he disappeared, I was so worried


*Showing entire clip bridge collapse*



bridge slams down Michael continues to sink,mumps up on stage. Finishes song,,,,....

Did he seem thin there? I wasn't looking for that, can you show clip again... He was always slender, except after rehab was hefty

Any other time? Well New York he was heavier. Were you concerned about MJ drug use this time, were there Dr's there? I can't recall sir

Madison square 2001 you saw a Dr, in his hotel room? Yes sir. Did you know his name, did you see him again? No sir

What did he say to you? He said he gave michael sleeping aid, come back in5 hrs. Frank Casio working as PA/friends went up to see Michael

Did u know wat happened? I kept out of their business sir. Which manager was there? People said they were manager but were not. was confused

Lets talk about what you understood? I was never really sure what responsibility people above the line held. Putnam Repeat, object Sustained

Yesterday you said during criminal charges? Yes we were in Vegas doing short film. Videos? I can't recall now it was so short

03. Then 05 was the trial, you helped him get ready for the trial? Correct, were you working for Randy Jackson? Not for, with
You worked on a website with Randy and Tanya? Yes. How did that happen? By a phone call. The website was for MJ trial? Yes

Then she became your manager? No, I saw her repore & felt she would be good to handle booking etc., so I wouldn't have to deal with

During criminal trial u were concerned bout MJ&drug use? The signs were there.

What signs? He couldn't sleep, pain stress, it was hard 4 him

How long was the trial for? 3 mths. You became increasingly concerned about him? Yes sir. Did you mention it to anyone?

Tanya & Randy, we were in close contact at that time. Did you go to trial? No, not allowed, was on witness list. Were you called? No

Did you discuss with anyone else your concerns? Yes M. Bush. You didn't confront MJ? No, I could never do that, he was in so much pain

Did MJ ever ask you for pain killers? He did once, I didn't have any. Did you ever see MJ take drugs? No sir. Did he ever look under The influence, when he went2the hospital. In PJ/ Were you ther? No I saw it on TV. Did he tell u why he was at the hospital? Yes, pain.

posted by Nimue on Saturday, May 11th 2013 @ 4:46 AM

Did MJ ever admit2u personally he had a problem with drugs? No sir. Was it in this time period u discussed this with Rebbie? Can't remember

Did she approach you or did you approach her? She asked me, I told her everything I knew, not clear when this was. ,,,,,,can't remember

Did you discuss with anyone else? There were brief mentions with Randy Jackson, there were concerns. Was there any attempts to....

Get MJ 2rehab? My understanding there were several attempt2help Mj. Were they successful? I don't think so. Rebbie was very concern about MJ

Why did they come to you? I spent a great deal of time with him. Trial ended in 05 he was acquitted, he left the county? Yes,

Where were you when the verdict was announced? Was in hotel with daughter & Tanya, stayed many times in the hotel during the trial

..Never saw Michael after the acquittal. Knew MJ left for Bahrain from the media. Saw MJ next in Carolwood. Adjourned till Monday 10am

Having a hard time to post all.

Well, AEG got what it wanted, someone claiming to have a brother/sister relatioship didn't see any drug addiction

General comments about KF testimony:

Looking at KF testimony, I can see that Putnam and his team got what they wanted To have someone who claims a brother/sister relationship to admit NEVER saw Michael's drug abuse.

Their strategy is: If someone so close for 27 years never saw anything related to drug USE how AEG could know for sure. It will come down only to rumors from the media. Very slippery ground.



Looks the intention in their questioning:

1) "Did MJ ever admit2u personally he had a problem with drugs? No sir"

2) Did you ever see MJ take drugs? No sir.

3) Did he EVER look under The influence, when he went to the hospital?. In PJ

4) Were you there? No I saw it on TV

5) You didn't confront MJ? No

6) During criminal trial u were concerned bout MJ drug use? The signs were there.

7) What signs? He couldn't sleep, pain stress, it was hard 4 him..

ARE THESE SIGNS OF DRUG USE OR ADDICTION? If so most of us are drug addict

Did he seem thin there? I wasn't looking for that, can you show clip again. He was always slender

9) MJ went to rehab? Yes sir. You were in Mexico? Yes sir. Did MJ tell you what was happening? No sir,

10) Did you see Mr Jackson taking drugs or injections, did you give him injections, pills or anything else? No sir.

11) Did you EVER say to MJ you were concerned about his use of medication? No sir,

Of course this is out of context, but it is what lawyers do.

posted by Nimue on Saturday, May 11th 2013 @ 2:16 PM

May 11 Update

Michael Bush Deposition

Michael Bush is one of the witnesses that is late added by Jacksons. AEG wants to depose Michael Bush before he testifies. IT's not clear if Jacksons actually plan to call him to stand.

Conrad Murray police interview

Jacksons and AEG is arguing over Murray's interview with the police on June 27 2009. (This is the interview that was shown during the criminal trial).

AEG wants to use the interview to show that Murray said Michael asked him to be on his team, and Murray believed that he was the employee of Michael Jackson. AEG says this will show Murray's state of mind. AEG says Murray's state of mind can show that AEG and Murray never entered into a contract and it rebuts that Murray had conflict of interest or divided loyalties.

AEG points out that Jackson experts use other parts of the interview (that Murray gave Michael propofol for 6 weeks, Murray talked with AEG people at the hospital and how Detective Martinez learned 3 bags of Propofol from Murray and so on) but oppose AEG using this part of the interview. AEG calls it unfair.


AEG states statements that show state of mind, emotion, physical sensation, intent, plan, motive is admissible when they are used to show the person's state of mind and and explore or prove act of conduct of that person.

Jacksons respond to this calling Murray's interview inadmissible hearsay. Jacksons also argue that Murray's belief that he was MJ's employee is irrelevant and whether Murray was employed or independent contractor of Michael or AEG needs to be determined on the basis of several objective factors. Jacksons also ask Murray's statement about employment to be excluded because it can mislead the jury. Overall Jacksons argue that it's the jury that should determine whether Murray was hired by AEG or Michael.

AEG responds pointing out Jacksons arguing Murray's state of mind being irrelevant is outrageous. AEG argues that Murray's statements aren't hearsay because they won't be offered as truth , they will be just offered as evidence.

AEG states that they don't plan to use the statements to argue or prove that Murray was Michael's employee. They say that the statement shows that Murray did not consider himself to be contractually bound to AEG Live. Similarly AEG argues Murray's subjective belief as who he was actually working for is relevant to determine whether in fact Murray could have felt the pressure claimed by Jacksons. AEG argues Murray could not have felt pressure from a conflict he did not know existed. AEG states Murray's statement shows Murray did not believe he was in the service of AEG Live at the time he treated Michael, is admissible to show his state of mind.

(Note: These last set of documents also again reference that "Murray was at most an independent contractor is the law of the case")

http://www.mjjcommunity.com/forum/threads/128731-Katherine-Jackson-vs-AEG-Live-Full-Case-History-Summary/page3?p=3821696&viewfull=1#post3821696

Panish has set up a page for the trial

http://www.psblaw.com/michael-jackson-wrongful-death-trial.html

posted by Nimue on Monday, May 13th 2013 @ 3:44

Now AllGood and Mann are partners against AEG and some more leaked mails.

Michael Jackson could not sing and dance live at the same time,
claim emails to be presented in court

Tragic Michael Jackson was so frail in the days before his death he could not sing and dance at the same time, documents allege.

And it is claimed his physical state so worried bosses of his comeback tour that they made contingency plans to use backing tracks at his £100-a-ticket shows.

But The King of Pop died aged 50 from an overdose of powerful anaesthetic shortly before the This Is It shows were was due to start at London’s O2 Arena in July 2009.

Jackson’s mother Katherine, together with his three children, are suing concert promoters AEG Live for £31billion.

A string of emails, seen by the Mirror and to be presented to the Los Angeles Superior Court in California, make it clear there were serious fears about *****’s ability to perform.

Long-term Jackson family friend Terry Harvey claims the singer had laid down vocals over several months to work as back-up material for shows.

And the promoter insists he made Jackson’s managers Dr Tohme Tohme, Frank DiLeo and contract lawyer Dennis Hawk aware of his dangerously frail state.

He says he warned Di Leo, who died in 2011: “You are going to kill Michael.”

In other evidence it is claimed ***** was so emaciated that, two days before he died, his heart could be seen beating.

Make-up artist Karen Faye said costume director Michael Bush looked in horror at Jackson’s unclothed body before a dress rehearsal: “He said, ‘Oh my God ... I could see Michael’s heart beat through the skin of his chest’.”

Faye, 60, who worked for Jackson over nearly three decades, claimed he was on the brink of death weeks before his drug overdose.

She wept, describing how she made up Jackson in his coffin, but refused to “help retouch” footage of the singer for the posthumous documentary, “This Is It”.

Faye blasted: “It was a lie. I didn’t want a lie.

“Everybody was lying after he died, (saying) Michael was well. Everybody knew he wasn’t. I felt retouching Michael was just a part of that lie.”

The key emails show there was a difference between the public version of Jackson’s rehearsals and reality.

After announcing the series of This Is It gigs, ticket sales reaped more than £169million at the box office.

But on June 16, 2009 music arranger Michael Bearden revealed the singer was unable to sing live and dance, just three weeks away from the start at London’s 02 Arena.

In a message entitled Plan B, Bearden told Kenny Ortega, producer and director of the This Is It tour, that he planned using Jackson’s studio material.

Bearden wrote: “If we can’t get everything we need from the vault I can use what we have and take out ad libs and such to try to make it feel new.

“MJ is not in shape enough yet to sing this stuff live and dance at the same time. He can use the ballads to sing live and get his stamina back ... I have full confidence he can sing the majority of the show live.

“His voice sounds amazing right now he just needs to build it back up.”

Dancer Travis Payne, who let slip Jackson needed golf carts to get around the arena, responded with, “Great idea”.

There were even rumours, strongly denied, that a Jackson stand-in was used to announce the London gigs.

Harvey, claims the singer recorded show vocals weeks before his rehearsals.

He said: “On This Is It there were moments where he wasn’t singing, his energy levels were down and anyone who worked with him in the past could tell Michael was a way off from 100 per cent. We found out Michael was in the studio recording tracks for the show and even new albums in his last months. You can put your voice in a sequencer and backing track for live shows, so if you don’t want to sing you mime and fans don’t realise.”

Other documents show how, five days before Jackson’s death, Ortega asked AEG managing director Randy Phillips to pull the plug.

On June 20 Ortega wrote: “My concern is that now that we’ve brought the doctor in to the fold ... the artist may be unable to rise to the occasion due to real emotional stuff.”

He continued saying how Jackson was “trembling, rambling and obsessing,” adding: “Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back.”

Ortega added: “He’s terribly frightened it’s all going to go away. He was like a lost boy.” But Phillips shot down Ortega, after consulting Dr Conrad Murray.

Phillips refused to consider stopping the This Is It concerts. “You cannot imagine the harm and ramifications of stopping the show now,” he said.

“I am not just talking about AEG’s interests here, but the myriad of stuff and lawsuits swirling around MJ that I crisis manage, and also his well-being.” Signing off as Randy he added: “It’s time to put out the fire, not burn the building.”

Harvey and partners AllGood Entertainment offered Jackson a Dallas 2009 comeback show, on the provision he went to rehab. But the singer chose AEG’s gigs in London.

It prompted a lawsuit with AllGood which they lost in 2010. But today Harvey claims AllGood plan to refile their £200million lawsuit against AEG for stealing the Thriller star from their grasp.

Harvey claims he spoke to Jackson in his last few weeks over the deal with AllGood.

He said: “It was part of the contract for Michael to get clean. His mother Katherine and father Joe knew that, and we made it clear to everyone close to him.

“For months we told Michael’s lawyer at the time Dennis Hawk, his managers Frank DiLeo and Dr Tohme Tohme he needed rehab.

“I told Frank, ‘He needs to get clean first’, but he didn’t want to know. It was an open secret in close circles that Michael had addiction issues.”

Harvey claims Jackson had agreed to do a one-off return gig in Dallas but was lured away by AEG execs.

Harvey, 53, who lives in Oklahoma, said: “Michael’s comeback was tailor-made for one show. He didn’t need to slug it out for 50 nights. The This Is It sales figures prove our formula – they made $200million from a rehearsal, so we would have made more – and Michael would have taken the lion’s share.

“There is a feeling that Michael’s death turned about to be a good business decision for AEG. It hurts me to say that, because people forget Michael was not just a commodity, but a troubled human being, with a lot still to offer, who was dedicated to his three kids. The only reason he did this was so that his kids could see him perform.”

AllGood, who have worked with stars such as Bon Jovi and Stevie Wonder, are set to refile their £200million law suit in the next few weeks.

“We feel there is a strong case,” said Harvey. “The company were not given access to the emails that have come up in this case.

“We have depositions from senior AEG executives, who insisted that Michael was healthy enough to do ‘100 shows’ in the days before the rehearsals. The emails in the Jackson case suggest they had knowledge of problems. People knew Michael had a long term drug condition.

“His employees saw him unable to walk after visiting doctors – it was even on the news, but no one stepped in. I think AEG will lose to Katherine Jackson.”

The Jackson family claim that as Jackson’s personal physician Dr Conrad Murray was responsible for administering the fatal anaesthetic, AEG should be held responsible as they were his employer. AEG deny responsibility.

Murray, paid £100,000 a month by Jackson, got four years jail for involuntary manslaughter.

http://www.mirror.co.uk/news/world-news/michael-jackson-could-not-sing-1886104

posted by Nimue on Monday, May 13th 2013 @ 6:48 PM


Hamlet is the theme of this trial. To be or not to be. On the bed or not on the bed, emaciated or not emaciated, drug addict or not drug addict, eating or not eating.... Of course it is the most fashionable trail Loui Vitton, Mary Jane, LA Gear...

Three witnesses today. I will post it from the last one to the first one. Like Michael says: " it (she) Came At Me In Sections".

Travis Payne

Anthony McCartney ‏

Travis Payne took the witness stand and began explaining his experience. He tells the jury about working on tours, music videos, vid games.

Travis Payne worked on the “Michael Jackson Experience” video game. In the game, he taught players Jackson’s dance moves.

Payne first worked with Jackson on the “Remember the Time” film/music video. He was a dancer in the film.

He then worked as a dancer and choreographer on Jackson’s “Dangerous” tour. By that point, he’d developed a rapport with Jackson.

He helped choreograph moves for Jackson’s song “Dangerous” and “Jam” on the “Dangerous” tour, Payne testified.

On the “HIStory” tour, Payne said Jackson rehearsed both with and without his backup dancers.

Payne worked privately with Jackson on “This Is It” rehearsals. He says he didn’t see any signs of drug abuse by Jackson at this time.

Travis Payne also worked with Jackson on “One Night Only” show that was canceled after incident in which Jackson fainted on stage.

The choreographer also testifies that he never saw Jackson drink alcohol or take any medications. He says he saw no signs of addiction.

“I believe he missed performing. I believe he missed direct contact with his fans,” Travis Payne says about why Jackson wanted to tour.

Payne testified “This Is It” would be different from Jackson’s previous tours. AEG would be a partner, not a sponsor.

The choreographer said Jackson explained to him that having AEG would be a good thing for the “This Is It” shows.

Payne attended an April meeting at Michael Jackson’s home. Said he saw no signs of impairment, drug abuse by the singer.

Payne spent several minutes describing details of the “This Is It” show, including a torch and costume that would light up.

Jackson wanted a torch in the Italian Baroque design. Actually, he wanted two, in case one broke, Payne tells jury.

Payne also shown an email in which he described a costume for “Billie Jean” in which the clothing material would light up.

When Payne was describing the illuminated “Billie Jean” costume, he looked out into the audience and nodded at Katherine Jackson.

Payne was then asked about his one-on-one rehearsals with Jackson at the singer’s home. These were scheduled for 5 days a week.

He also ate lunch with Jackson on many days. He said MJ’s appetite depended on the day.

AEG attorney Jessica Stebbins Bina asked Payne whether he thought Jackson could have finished “This Is It” show. Payne said yes.

Payne said Jackson’s goal was to sing every song in “This Is It” live. Jackson had used vocal-assist tracks on previous shows, he said.

Payne will resume testifying in the morning. He has to wrap up by tomorrow, because Wednesday’s he leaving country for work.

Aditional:

"I thought he was thinner than he was in the past, but I didn't have any reason to be alarmed," Payne said.

http://bigstory.ap.org/article/choreographer-no-signs-jackson-was-ill-2009



ABC7 Court News ‏

Payne didn't personally meet with MJ until after the press conference announcement. He said he was excited to work with him again.

Payne said he knew MJ was excited about the tour and his children, to share this experience with them. Payne met w/ MJ in late March/2009.

Payne: Everything started with Mr. Jackson, always. As his support team, we would contribute with ideas. MJ had the final word.

They auditioned 5,000 dancers, MJ chose the final ones. Payne said MJ chose the band director also.

Payne said they started rehearsing after the press conference, and stopped the day before MJ died. He spoke with MJ everyday.

MJ told Payne he expected him to be in every show. He wanted Payne to take notes to make sure show was as perfect as possible.

Payne said MJ's dancing seemed fine to him. He said they were working on things created decades before to make them age appropriate, dynamic

"He seemed very tired, we all were," Payne said.

Payne testified that production wanted MJ to be more in attendance with all the cast, rather than just MJ rehearsing by himself at his house

Payne: because there was inconsistency with MJ appearing at the rehearsal, production was concerned they would not meet their goals.

By June 25, Payne said MJ had not developed the goal of singing and dancing at the same time. Payne resumes testimony tomorrow morning.

posted by Nimue on Monday, May 13th 2013 @ 7:35 PM



Dr. Christopher Rogers, a deputy medical examiner,
began testifying last week, but was interrupted to take other witnesses.

Rogers testifies that he found no conditions during Michael Jackson’s autopsy that would affect his long-term survival.

In response to a Cahan question, Rogers says Jackson’s death was considered a polypharmacy death. That means it involved multiple drugs.

Rogers noted that propofol was the main drug that killed Jackson, but told jury that other drugs (benzodiazepines) were present.

Cahan also asked Dr. Rogers whether he knew about other doctors treating Jackson before his death. Rogers says yes.

Rogers says he became aware that dermatologist Arnold Klein was treating Jackson.

Cahan also asked whether he ever concluded that any other doctors contributed to Jackson’s death. “I don’t believe so,” Roger said.

Cahan also asks about Jackson’s weight at the time of his death. He weighed 136 pounds, with a Body Mass Index of 20.1, Rogers tells jury.

So it started with 120 lbs he got fat by the time of the death 150 lbs (according to Senneff) and went through a diet between UCLA and coroner ending at 136 lbs

Rogers testified that Michael Jackson’s Body Mass Index was within the normal range. A BMI figure below 18.5 would be underweight.

“He looked thin in comparison to most people,” Rogers said. He says Jackson did not appear emaciated. Says singer didn't appear emaciated.

Dr. Rogers said Jackson’s body didn’t have characteristics of someone who starved to death. Rogers said Jackson’s health appeared excellent.

There was more testimony about the condition of Jackson’s lungs, which were damaged in a way that might lead to pneumonia or other problems.

Rogers testified he was interested in role of prescription drugs in Jackson’s death based on finding propofol and other meds at the scene.

Dr. Rogers testified that propofol shouldn’t be given in a home setting, and when someone is sedated they need to be continuously monitored.

Rogers said he’s only worked one other propofol overdose case. That person was a medical professional, he said.

Plaintiff’s attorney Michael Koskoff asks Rogers about whether hospital treatments might have added weight to Jackson’s body.

Koskoff doesn’t state how much weight might have been added to Jackson based on IV treatements by paramedics, hospital staff.

PS: don’t got to the hospital you might get fat in 1 hour treatment

Rogers did say that Jackson’s body had some fat, but that most of his weight appeared to be in the singer’s muscles

Rogers testified that Jackson’s organs didn’t show any sign of lasting damage. With that, he’s done testifying.

Death was not due to trauma and was not caused by natural disease. "He died of acute Propofol toxicity," Dr. Rogers said.

Dr. Rogers said MJ's doctor, Dr. Murray, made a statement to the police saying MJ wasn't breathing but he felt a faint pulse.

Def atty: Did any other doctor, other than Dr. Murray, contributed to MJ's death? Dr. Rogers: Yes, other doctors contributed to his death

"He looked thin in comparison to most people," Dr. Rogers said. MJ didnt look one who died from starvation or anorexia.

Where did the hospice patient go?

Cahan: Was his general health excellent? Dr. Rogers: As far as the autopsy goes, yes

Apart being DEAD he health was excellent.

"I don't know what his normal weight would be," Dr. Rogers expressed. He said MJ didn't have a great deal of fat, but there was some

posted by Nimue on Tuesday, May 14th 2013 @ 7:29 PM

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

AEG attorney Jessica Stebbins Bina began day by asking Payne about how Jackson seemed at rehearsals in June.

Payne told jury that at times Michael Jackson was lethargic and needed “support” to rehearse.

The choreographer said at one point, he and others tried to bring in a top physical therapist who works with Olympic athletes to help MJ

Payne said Jackson didn’t want the physical therapist to work with him, thought it would be a violation of his personal space.

Stebbins Bina asked Payne whether he ever met Conrad Murray. The choreographer says he met Murray twice.

Payne says the first time was at Jackson’s Carrolwood Drive home. The men passed on a stairway and Jackson introduced them briefly.

Payne said he met Dr. Murray at the Carolwood house. "I was going up the steps, Dr. Murray going downstairs, Michael introduced us."

Wasn’t said no one was allowed to go upstairs???

Payne says the second time was at the Staples Center, after a rehearsal and Jackson was leaving for the day. Both meetings were brief.

Rehearsals at Staples Center happened only for two days, Jun 23 and Jun 24. Which day was Murray there? Of course it was during the night, since Michael was leaving.Also Murray said he didn’t got to Staples Center and the Hamlet dilemma has started again.

It seems no one else other than Pane met Murray at Staples Center.

Judge excused the jury 15 mins early so attorneys could argue over introducing Dr. Klein's medical records. They will be shown later.

Michael Jackson said, "I'm getting down to my fighting weight," Payne testified.

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

Schedule update: Court is dark tomorrow and testimony won't start until 1:30 pm PDT on Thursday.

The next witness is unclear - it might be AEG General Counsel Shawn Trell. Travis Payne wrapped up this afternoon.

Payne didn't specify which songs Jackson wanted teleprompter for, but said MJ had never used one on tour before.

It was plaintiff's attorney Brian Panish who questioned whether Jackson could remember words to his songs.

Travis Payne said the teleprompter was "extra security" for Jackson and would inform of him of changes in show, words for speeches.

Plaintiff’s attorney Brian Panish after lunch break got Travis Payne to concede Jackson wasn't present for a May 19, 2009 rehearsal.

Payne also conceded that Jackson was a no-show for a June 22, 2009 rehearsal.

Payne said he may have made a mistake about Jackson’s whereabouts, and he didn't know the pop singer’s personal schedule.

Travis Payne had testified yesterday that he and Jackson ran through certain songs on May 19th. He said today he was testifying based on the schedule and notes he compiled and that his recollection might be wrong.

Payne testified that he told tour director Kenny Ortega that he didn't think Dr. Murray looked like an official doctor.

This was after their Payne and Murray's first meeting at Jackson’s rented mansion. They were briefly introduced to each other.

Payne also said he and Ortega knew that Jackson was having sleep problems. Attorney Brian Panish asks if AEG executives knew.

There were several objections, and Payne was only allowed to answer “No” as to whether Paul Gongaware knew about Jackson’s sleep problems

Panish asked Payne about choosing Jackson’s dancers for “This Is It.” Payne says they were whittled down from 5,000 applicants.

Applicants submitted video clips and their submissions were used to cull down potential dancers from there.

Payne says about 2,500 people showed up for a casting call. He taught them some dance moves, and the pool was further narrowed down.

Panish then asked Payne whether he knew how many doctors AEG interviewed to work with Jackson on “This Is It.” “No,” Payne says

Payne also says he isn't aware how much interviewing or investigation into Murray that AEG did.

Panish’s point appears to be that there was more scrutiny of Jackson’s backup dancers than Conrad Murray.

One note about the backup dancers _ Michael Jackson chose them from a group of finalists.

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

The choreographer also testified that by mid-June, just days before Jackson’s death, AEG was talking about pulling the plug on “This Is It.”

Panish ended his direct examination of choreographer Travis Payne with three questions.

Panish: Did you see that Michael Jackson appeared to be pressured to get everything done at the Staples last rehearsals? "Yes," Payne said

Panish: "The pressure about the shows started to manifest itself physically in Michael Jackson." "Yes," Payne replied.

Panish: You could sense that something was wrong, you just didn't know what it was." Payne responded "Yes."

Payne’s demeanor changed after Panish finished questioning him. He was holding back tears when AEG attorney started re-direct examination.

On re-direct examination, AEG attorney Jessica Stebbins Bina asked Payne again about how many rehearsals Jackson attended.

Payne replied that it was a “significant” number, but he couldn’t recall dates, precisely how many that Jackson attended.

She also showed Payne photos from the “This Is It” premiere. Photos were of the choreographer with Jackson’s brothers.

First photo is of Payne shaking Jermaine Jackson’s hand at the “This Is It” movie premiere.

Stebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere.

Plaintiff’s attorney Brian Panish then asked Payne whether Katherine Jackson and singer’s kids went to premiere. They didn't.

Panish says Katherine Jackson, her grandchildren didn’t go to “This Is It” premiere because they weren’t over Jackson’s death.

Payne said he didn’t think anyone was over Jackson’s death with the film premiered in late 2009.

On his way out of the courtoom, Payne thanked Judge Yvette Palazuelos and also stopped and briefly acknowledged Katherine Jackson.

Aditional:

"Sometimes in rehearsal, Michael would appear just a little loopy," Payne said, adding that the singer appeared to be "assisted or under the influence of something."

Payne initially said under questioning by AEG attorney Jessica Stebbins Bina that he did not think Jackson had a problem with prescription medications. However, under questioning by Katherine Jackson's attorney Brian Panish, Payne said he was concerned about Jackson's medication use.

Payne and Panish engaged in several testy exchanges during cross-examination, including about whether Jackson was always present at his one-on-one rehearsal sessions at the singer's home. Payne acknowledged Jackson sometimes skipped sessions.

"I don't have a dog in this race," Payne said at one point. "I'm just trying to have a conversation with you and tell the truth."

http://bigstory.ap.org/article/jackson-described-loopy-after-doctor-visits

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

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

Payne told the jury he advised MJ he was looking thin and MJ said he was getting down to his fighting weight. "I had no reason to doubt him"

Payne said there was one day when MJ was cold. He thought the frustration had MJ on edge, but he took it that he was fighting a cold.

"There were times he was tired and had to be not convinced but supported," Payne recalls.

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

Working 6 days a week is 5 rehearsals too much for missing?

Bina shows an email from Ortega to Gongaware on Jun 14:

Code:

"We're you aware that MJ's doctor didn't permit him to attend rehearsal yesterday?
Are Randy and Frank aware of this? Please have them stay on top of his health situation.
Without invading MJ's privacy, it might be good idea to talk to his doctor to make sure everything MJ requires is in place. Who is responsible for MJ getting proper nourishment/vitamins/therapy everyday? Personally, I feel he should have a top Nutritionist and Physical Therapist working with him on a regular basis.The demand in this guy are mentally and physically extraordinary! The show requirements exhaust our 20 year olds. Please don't underestimate the need to stay on top of this."

Another part of the same email chain, from Gongaware:

Code:

"Frank and I have discussed it already and have requested a face-to-face meeting w/ the doctor... We want to remind him that it's AEG not MJ who's paying his salary. We want him to understand what is expected of him. He has been dodging Frank so far."

Payne said his understanding was that AEG was paying Dr. Murray's salary not Michael. The doctor was there 2 oversee many things, Payne said

Payne explained he didn't have much of reason to question Dr. Murray since he thought that a doctor selected to work with MJ was top notch.

Payne was coming up from the basement to the middle floor. Studio was at the basement. Payne said he never went 2 the top floor of the house

Humm.. Payne didn't go upstairs as the other source implied but what was Murray doing going downstairs to the dance studio? Tap dance?

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

On June 23/24, as to how MJ performed, Payne though it was in process, not at show standards, but MJ was rehearsing.

"He was having his process, I didn't expect him to be like he would in front of a crowd," Payne explained.

Payne said the performance would float, some days were good, some days were not good. The last two days were good.

"I thought he was in his way to the goals he set himself," Payne told the jury. He didn't have any question that MJ would be able to perform

Payne described the day MJ died: He was headed to rehearsal at MJ's home, got a call from his mother who said she saw reports on the news

Payne heard news on the radio, called Staples Center spoke to Stacy Walker, she said they were rehearsing. He was told to go to Staples

"We were optimistic of his arrival," Payne said explaining they were expecting MJ to rehearse at the Staples Center.

Payne said Ortega got a series of calls. He remembers Kenny say 'tell me something that will make me know it's you and that this is true'

" I remember him (Kenny Ortega) collapsing in his seat and crying," Payne testified.

Payne also said he appeared groggy in the morning sometimes, which he attributed to lack of sleep.

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

Payne said that his understanding was that Michael was undergoing cosmetic procedures so he could feel great and do a good job.

Payne didn't deem MJ being loopy as a problem with drug addiction. He said that from what he observed he was not concerned at all.

Bina played clip of "This Is It" from Jun 4 showing the green screen and making of "Drill" and Michael talking about the cool moves, dancing

Payne said the idea was to show the rehearsals and how things came together. The footage himself wasn't altered, but there was editing

Payne said they picked the best of the rehearsal to include in the documentary. He wanted to reshoot some scenes but was not allowed.

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

Payne's impression was that MJ loved being a father. He said he saw the beauty of their relationships, loyalty one another.

"When we rehearsed, we had meals togethers," Payne recalled, talking about MJ and all three children.

Payne thought the relationship between MJ and Prince was awesome, Michael was a proud father, great to see how they interacted.

Prince wanted to be a director, Michael would point out things to him during rehearsal should that be his career, Payne remembered.

As to Paris Jackson, Payne said be saw a very protective young lady, smart, astute, with knowledge of the production, very hands on.

Payne said Paris seemed beyond her age, she was the female of the house, had lots of responsibilities, loved it, protective of the family.

Paris was coming to find out MJ's global success, Payne said, adding that she would bless the food they ate.

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

Payne said Paris was the most vocal of the children, always concerned about things in the house, asked what they wanted 2 eat, handled a lot

Blanket was the most quiet of the 3, Payne said, but was always very close by, in the rehearsal room. Michael guided and mentored him.

Payne said he would be proud if MJ was his father and agreed the children suffered a tremendous loss.

Payne always carries a video camera with him and shot videos of rehearsal. AEG took the footage that Payne shot and never returned to him.

Email from Randy to Paul:

Code:

"Make sure you take out the shots of MJ in that red jacket... He looks way too thin and skeletal."

Payne said he was not aware of the email. He said MJ looked thin, but not skeletal. He doesn't know if Paul/Randy took any the footage out

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

Karen Faye is a make up artist. She designed the make up, was always there when Michael was there, Payne testified.

Payne said Faye and MJ had a long term working relationship. They spent a lot of personal time together.

Faye was concerned and frustrated how Michael looked. She went to Payne kind of in an aggressive way. Payne told her to report to Ortega.

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

"This was the first time MJ was working with AEG," Payne testified, saying he had always been hired by MJJ production before.

Payne said this was the first time MJ was not the sole producer of the show.

Panish asked if Payne remembers receiving a text message from Karen Faye asking him why he was lying to the media after MJ died.

"I do not remember receiving text message from Karen Faye asking why I was lying to the media," Payne explained.

Panish: Were you upset when MJ died? Payne: Yes

Panish shows a picture of Payne at the red carpet premiere of "TII" documentary. He agreed he was happy about the premiere.

Panish: Sir, MJ was not with you May 19, 2009, was he? Payne: No Panish: He was at the doctor Payne: If you're saying, I'm not disputing

Payne said that on May 19, MJ was having a cyst removed at Dr. Klein's office, so he could not have been rehearsing with Payne.

Panish then said on Jun 22 MJ wasn't there either, "wasn't he?" Payne said he didn't know. Panish said MJ was at another doctor's office

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

Payne said MJ had hard time picking up some of the material. Email from Ortega to Gongaware: "He has been slow at grabbing hold of the work"

Panish showed Payne's written contract. It is between Payne and AEG, beginning April 1, 2009. The contract said only AEG could cancel it.

Second time Payne saw Dr. Murray was the night before MJ died at Staples Center. "I wanted Michael to go home and go to sleep" Payne recalls

Payne said he felt that Dr. Murray didn't look like a doctor to him and didn't feel he was an official doctor who should be working for MJ

Payne was aware that MJ was losing weight during rehearsals and he had not seeing him lose weight like that before.

"He was not in great physical shape and was sore," Payne said.

Payne said some people were concerned about the goals not being met, including Randy Phillips and Paul Gongaware.

Payne learned what Demerol was after MJ died. He also remembers a mention of Demerol in the song "Morphine"

Panish asked if MJ knew the lyrics of his songs. "I think he did, he knew most of them, but he wanted to have a TelePrompTer for safety"

Michael asked for the TelePrompTer, he didn't want to make any mistake, 2 refresh his memory. Also to use for sequence of songs, Payne said

Payne agreed that it was very unusual for MJ to have TelePrompTer with the lyrics of his own songs. He never used it before

Payne said a body double was requested for MJ. Misha Gabriel was MJ's body double, but shorter than him.

Some of the scenes in the documentary are with the body double, Payne testified

Payne remembers at the Culver Studios in Smooth Criminal there was a stunt and Misha was asked to jump thru glass plate.

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

Panish showed an email from the band leader.

Code:

"MJ is not in shape enough yet to sing this stuff live and dance at the same time. Once he's healthy enough and has more strength I have full confidence he can sing the majority of the show live. His voice sounds amazing right now, he just needs to bring it back up."

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

Panish showed a picture of MJ on June 24 rehearsing Thriller. Payne said MJ improved but was not at his best yet.

Payne knows of one incident, June 19 at the Forum, where MJ had to be wrapped around in a blanket and be in front of a heater.

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

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

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

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

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

Payne said MJ was present a significant amount of the days he was scheduled to work.

Payne said Jermaine was at the premiere. Bina shows pic of Payne and Jermaine shaking hands; pic of Jermaine, Kenny, Tito, Jackie, Marlon

Payne says neither Katherine Jackson nor Michael's children were present at the premiere of "This Is It."

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

posted by Nimue



At the end of the video:

"After the jurors were excused for lunch, the attorneys were still arguing.

Let's hurry this along. THE CAMERAS AND THE AUDIO ARE STILL ROLLING"

posted by Nimue on Monday, May 13th 2013 @ 7:58 PM



Stacy Walker (AEG witness)
the last one for today


Defendants' first witness (out of order) was Stacy Walker,
the Associate Choreographer for "This Is It" tour.

Stacy Walker said she 1st worked w/ MJ in 96 on a 40-minute movie, "Ghost." "He never made a music video, only made movies," Walker said.

On the "History" tour, Walker worked about 6 months. She was one of the two girls dancer in The Way You Make Me Feel. "I feel it's my song"

History tour: dancers rehearsed by themselves in LA. Then went to France, rehearsed in a studio at Disneyland. MJ showed up one or two times

Walker didn't remember if MJ had doctor on staff while on History tour. She never saw any signs of drug abuse, saw MJ on stage, amazing

Walker said the casting of dancers began in April 2009. She was the associated choreographer, got direction from Payne/Ortega and Michael

Walker said for the "This is It" tour a lot of choreography was done many years ago. The only new was "Drill" and everyone worked together

"Drill" was like a soldier marching dancing, Walker said. "MJ said we can't use guns, since it was not good for the kids," Walker recalled.

Walker said during rehearsals for "This Is It" in April/May 09, MJ was there occasionally, but they were teaching dancers the choreography

During rehearsals at the Forum, MJ was supposed to be there more often, Walker said. Payne worked w/ MJ, she was in charge of dancers.

Walker: "I can remember being frustrated at times, he (MJ) wasn't coming when we were hoping he would."

"I wasn't shocked he wasn't coming, I was irritated, but I wasn't shocked," Walker said, noting that maybe MJ wanted to stay with his kids

Walker said she never saw MJ sick. She said he seemed normal to her, he was much thinner, but she never felt he was acting intoxicated.

"He looked much thinner to me than in 97," she said, but she doesn't remember noticing a dramatic difference between April and June of 09.

Walker: I remember 1 night he excused himself to his room, wasn't feeling well. He didn't say anything, it was a general understanding

Walker remembered MJ wearing jackets/layers but didn't think of him being insanely cold. "Different artists like different temperature."

Walker: He wore a lot of jackets, I assumed he was cold but he never said anything. I never saw him shivering. He just wore a lot of jackets

Jessica Bina: Did you ever see MJ drink any alcohol? Walker: No

"My only concern was that he was really thin and I wish he ate more," Walker recalled.

Walker got emotional when she said she wasn't looking for things that could be wrong w/ MJ at the time. "I wish I was," she said.

Walker told the jury Travis Payne was the main choreographer for "This Is It." She thinks she was an independent contractor hired by AEG

When she talked about MJ's last two rehearsals, Walker cried saying he was great. "He was great, I finally saw what I wanted to see."

"He was great, very bratty and sassy as he was. He was just a funny guy at times," Walker said.

Walker said she called her mom after the rehearsal and asked her to buy a ticket for the opening and she did. "It was great."

Bina: Any doubts he could perform the tour? Walker: Not after those two nights (June 23 and 24)

Walker: "I remember telling them don't worry, everything will be fine. I didn't believe, I thought that everything was going to be ok."

Bina: when you heard MJ passed away, were you surprised? Walker: Yes, it was shocking, 12 hours ago he did "Beat It" and "Thriller"

First Michael did only Thriller and Earth Song at the last day now he did Beat it and Thriller. In this ratio by the end of the trial Michael did the whole show in one night

When asked if Walker was familiar with the name Dr. Conrad Murray, she said yes, but she never met him or knew who he was prior to June 25.

Travis Payne had a loving, trusting relationship with MJ, Walker testified. Payne would go over to MJ's house around 1p PT to work

Walker said she felt MJ was more open this time around. In "Ghost" she said they didn't talk at all, but that he was so nice to everybody

Walker said she remembers telling MJ about McDonald's -- he had never been and she told him he had to go.

Regarding the "This Is It" tour, Walker doesn't know if MJ was excited. "He always seemed happy, he liked to watch the dancers dance"

Walker said MJ was the nicest person ever, they were not friends. "Guarded is a strong word, he let people see Michael Jackson, not Michael"

"I just never in a million years thought he'd leave us," Walker said crying. "I was frustrated but never thought that would happen"

Walker didn't remember MJ having cold/stomach flu. "I've seen people that were drunk or high and he didn't appear to be that way"

Planitffs attorney Kevin Boyle did the cross examination. Boyle asked Walker if her job was to focus on dancers and not MJ. She said yes.

Boyle: And it wasn't your job to look if MJ was sick? Walker: It was not

She also agreed that it wasn't her job 2 supervise Dr. Murray or observe MJ's health. Walker didn't have info if Dr. Murray gave MJ Propofol

Walker: I was relieved because he was there, he was going full out. Last 2 rehearsals it was the first time we saw everything come together

Boyle plays clip of film "Ghost". Walker said MJ was pretty impressive, played 5 different roles. "Probably one of the hardest jobs I had."

"He was a huge risk taker, was very innovative as a dancer and choreographer," Walker opined, saying he was an excellent dancer, confident

Walker said MJ and her were not friends, they had a work relationship. Walker never went to his house, had dinner or social interaction.

MJ never told Walker about his health, never discussed Propofol use since they didn't talk about that stuff.

Boyle: Did you ever see MJ covered in blankets watching rehearsal with heaters? Walker: I never saw heaters or blankets

Walker heard MJ had problems with prescription drugs from the press. She also heard about the sleeping problems.

Walker said she knew Ortega kept on Michael about eating and thinks they had a massage therapist come in for him.

"I've seen other artists bring chefs, masseuses, trainers sometimes," Walker said. The idea of bringing a doctor on tour didn't surprise her

Walker: MJ didn't want to change the choreography, it wasn't broken, so why change it? She thought it was going to be a great show.

Lawyer for Michael Jackson's mother, Katherine,
raises question of whether footage was taken out of a documentary featuring the late singer

Kevin Boyle alleged that AEG executive Randy Phillips asked colleague Paul Gongaware to toss any potentially damaging rehearsal recordings before sending some 100 hours of raw footage to Sony Pictures for the making of the 'This Is It' film.

Questions arose Monday whether or not potentially significant footage of Michael Jackson filmed shortly before his death may have been scrapped intentionally.

Potentially significant footage of Michael Jackson filmed shortly before his death may have been scrapped intentionally before editors started work on a posthumous documentary, a lawyer suggested to jurors Monday.

A lawyer for the King of Pop’s mother raised the possibility during cross-examination of a choreographer testifying in Katherine Jackson’s negligence trial against concert promoter AEG Live.

Lawyer Kevin Boyle alleged that AEG executive Randy Phillips asked colleague Paul Gongaware to toss any potentially damaging rehearsal recordings before sending some 100 hours of raw footage to Sony Pictures for the making of the “This Is It” film.

“Did Mr. Phillips ever tell you he instructed Mr. Gongaware in writing to take out footage that (made Jackson) look like a skeleton?” lawyer Kevin Boyle asked choreographer Stacy Walker.

“He didn’t tell me that,” Walker replied.
Boyle didn’t elaborate on the written exchange in court, but a source told the Daily News that Katherine’s lawyers plans to show email evidence of the alleged request later during the civil trial.

http://www.nydailynews.com/news/world/sss-article-1.1343221

posted by Nimue on Thursday, May 16th 2013 @ 6:19 PM
post approved by nobody

Update

The Jackson court spent first 40 minutes dealing with Jackson manager Frank Dileo’s old emails. Jackson team wants to read them.
An Ohio attorney has a file of Dileo’s emails and he told the court he’s going to review the emails and turn them over to attorneys
There were just an hour of motions and discussion in the Jackson v AEG case. Jury returns in 90 mins for testimony to resume.
Today, Mrs. Dileo’s Ohio attorney said his client told him she didn’t want AEG’s lawyers to represent her anymore.
AEG’s attorneys had represented Dileo’s widow in an Ohio court regarding the manager’s emails when Jackson’s attorneys subpoenaed them.
There was also a brief oral argument regarding whether Conrad Murray’s police statement will be presented to jurors as evidence.
A portion of the statement in which Murray said he was employed by Jackson but paid by AEG was shown to jury in opening statements, but Superior Court Judge Yvette Palazuelos has tentatively ruled that the statement can’t be presented to jury as evidence.

“It seems to me, it’s ambiguous” Judge Palazuelos said this morning of Murray’s statement and his relationship to AEG. Judge said Murray’s statement might be admissible if the former doctor testified in court. But she expressed a lot of skepticism. Judge said she didn’t think the statement helps bring clarity to the case. “It just restates the basic problem,” the judge said.




Julie Hollander, AEG's VP of Controller and Event Operation,
is currently on the stand. Jackson's attorneys called her as adverse witness.


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

Hollander said that in 2009 Wooley was more than just a tour accountant. She stopped reporting to Wooley in 2002, when he left the company.

Wooley came back to work in the "This Is It" tour. Hollander is not aware of Wooley still working for AEG. Last year he did a project

Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live

Hollander reviewed dozens of emails, exhibits and her deposition. She doesn't know how many emails she saw, but estimated between 20-40.

Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It."

"I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system.

Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts.

Hollander said she didn't prepare the budgets for TII tour. Wooley did. She reported the budget primarily to Paul Gongaware

Hollander said budget was the costs expected to incur in the tour with developing the shows, taking show on the road, getting gear to London

Other budgeted costs: traveling for people involved, housing for some people involved and insurance.

Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract.

"We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated."

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

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

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

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

"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live

Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract.

Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09

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

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

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

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

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

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

Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour.

Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted

Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid

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

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

That ended session for today, Day 12 of trial. Plaintiffs will take witness out of order tomorrow. They will call Dr. Emery Brown first.

Dr. Brown is Propofol expert from Harvard. Since he's coming from out of town, they are accommodating his schedule. Hollander resumes after

Ivy ‏@Ivy_4MJ 54s

Lloyds and MJ Estate with no objection agreed to give deposition copies from Lloyds lawsuit to the Jacksons for AEG trial.

Jury entered the courtroom at 2:41pm PT. Neither Katherine not Rebbie Jackson were present for the afternoon session.

Brian Panish continued examination of AEG's controller Julie Hollander.
She said she had lunch with AEG attorneys today.

Standard company police is that no payments are made without fully executed contract, Hollander said. The contract could get executed later.

Panish said people did the work before MJ died, but got paid after the died. Hollander said she didn't recall specifics.

Hollander says she knew Tohme was terminated before MJ died, therefore had no legal power to sign on his behalf.

As to Tohme Tohme, Hollander knows who he is, but is aware that at some point he was released from duties as MJ's manager.

Panish said $36 million was spent in MJ's project. He asked if Hollander knew AEG filed claim against Lloyds of London 2 collect insurance

Hollander said she knew it through the press. She doesn't have recollection of specifically providing information for an insurance claim.

Budget prepared by Wooley, approved by Gongaware showed "Management Medical" and amounts to be paid to Dr. Murray are listed "Per Contract"

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

On 6/18/09, Hollander received email from Brigitte Segal, who worked on the tour for the estimated cost 4 some living arrangements in London

Wooley wrote on June 18, 2009:

Code:

"I've prepared what I think it's an equitable division if expenses between MJ and The Tour. AEG pays for entertainment arcade & bowling alley because of precondition in terms of what MJ needed at the house as and part of the bargain. AEG pays for 3 of the local houses: Bush, Faye and Murray (wardrobe dresser, make-up/hair & personal physician).
MJ: Pays for additional furniture, staffing, security, nanny, food.

Gongaware response on June 19, 2009:

Code:

"I agree with Timm's allocation and the charges. Approved"

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

Hollander said she did not see a contract with Dr. Murray signed by AEG.

Panish: If the $300,000 was supposed to be advance for MJ to be repaid, it would be under category "Artist's Advances". Hollander agreed.

Hollander said that "This Is It" tour was the first time she saw the situation where AEG Live hired a physician for the tour.

It was also the first time she saw AEG Live pay for an artist's personal physician, Hollander said.

Hollander explained what advance meant, it was like cash advance and, depending on the contract, it would be paid back by the artist.

Hollander testified that MJ was responsible for 100% of the production costs should the concert not go forward.

But if the tour went forward, MJ was responsible for repayment of 95% of the costs and AEG would pay 5%.

In the "This Is It" tour, Hollander said she had contracts with staging, lighting, choreographers, sound equipment, etc.

She testified that only the contract that had been drafted for Dr. Murray required Michael Jackson's signature.

"Mr. Murray was requested by the artist, and that was my understanding," explained Hollander.

"I was instructed that no payments were to be made until MJ signed the contract," Hollander said, due to the personal nature of the services

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

Hollander said AEG renegotiated contracts after MJ died to mitigate the burden on MJ's Estate.

From another source

Hollander told Stebbins Bina that it was her first time testifying and that’s why she was so nervous answering questions

...................................


ABC7 Court News ‏@ABC7Courts

Katherine Jackson present in the courtroom, wearing a bright purple jacket, accompanied by Rebbie, wearing black jacket with floral details.

Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Big No, No!

Jessica Bina resumed re-direct of AEG Controller Julie Hollander.

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

Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed.

Later this will be important

Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor's employer.

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

Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service

Hollander said she has never seen an agreement where the artist had to sign off on a contract for services.

Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred.

Bina showed Hollander report she prepared on 10/21/09 that was sent to MJ's Estate with the costs incurred as advances for the TII tour.

Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.

Rehearsal Per Diems: Budget: $175,000 Actual: $89, 751 Rehearsal Facilities: Budget: $871,000 Actual: $1,553,558

Management Medical Budget:$300,000 Actual: Zero Public Relations Budget: $18,000 Actual: Zero

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

Remember this number


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

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

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

Hollander didn't know the per diem schedule, so she said she didn't know the answers

Panish: You didn't pay Dr. Murray, did you? Hollander: No Panish: That's why it's not there (on doc shown) Hollander: Yes

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

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

Panish shows Dr. Murray's contract and asked Hollander if anywhere in the agreement is says this was a draft agreement.

"In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved," Hollander explained.

Panish: Is it your experience people sign draft agreements? Hollander: My experience is that until everyone signs, it can be changed

"If this version had been signed by everybody, would've been final," Hollander said. The contract was from 5/1/09 until the end of TII tour

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

"I've never been involved in a tour where AEG hired a doctor," Hollander said. "It's never happened before."

"I know in my experience it's not typical for a promoter or producer to hire a doctor," Hollander said

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

Let’s the movie begin..

Panish asked Hollander if there's written policy against someone working for AEG without executed contract? She said she isn't aware of any

Hollander said there's a policy against paying people without fully executed contract.

Hollander said tour promoters don't get involved in what it takes to actually put the show together. The artist does.

AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified.

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

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

Panish asked Hollander how it was that she testified last week she worked in 20 concerts and today she said it was more than 100.

Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours.

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

"Acting as producer you get more money than just as promoter, right?" Panish asked. Hollander agreed, saying they have earning potentials.

"My estimates was 20 tours up until 2009," Hollander said. From 09 to today, she said it's upward of 100.


Marty Hom

Jury just listened to videotaped deposition of Marty Hom, a tour manager retained as an AEG expert.

Marty Hom said he had never talked to Gongaware and Phillips about Michael Jackson.

Hom, wearing a black shirt and black blazer, testified in a March 25, 2013 deposition.

Hom was paid $500 an hour to serve as an expert on the Jackson vs. AEG case

Boyle asked Hom whether he’d ever hired a doctor to go on tour. Hom said no. He hires local doctors if an artist is sick or needs treatment.

Marty Hom said he’d never worked on a tour in which the artist or artists’ brought along a doctor.

He said he’d never gotten involved in a doctor-patient relationship. He said he does ask doctors about prognosis for injured artists.

He said it’s a legitimate question to ask “How long is that musician going to be sick?” and similar questions for the sake of the tour.

Correction to an earlier tweet: Hom’s comment about Murray’s fee being outrageous was related to doc’s initial request for $5 million.

Hom was asked whether he would hire a doctor to give an “opiate-dependent artist Demerol?” Hom said no.

He also said he wouldn't hire a doctor if he knew the physician was feeding an artist's chemical dependency.

Hom noted that AEG and Live Nation are the two biggest concert promoters. He wants to keep working with both of them, he said.

During the deposition, AEG attorney asked Hom about tours in which he knew doctors accompanied bands. Hom cited two.

One of the emails was regarding $11,500 that Karen Faye charged AEG for wigs she purchased for Jackson. After he died, AEG stopped a payment

Email cont'd: "She bought three wigs for use in the tour and one of them is going to be used for his final rest."

Faye was upset that they rescinded the payment and was threatening to go to AEG Live CEO Randy Phillips.

He was copied in on a message. “Pay it immediately,” Phillips wrote in an email. “Do not stiff any vendors.”

posted by Nimue on Friday, May 17th 2013 @ 7:51 PM

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

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

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

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

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

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

.......................

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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


posted by admin Fairy on Monday, May 20th 2013 @ 5:21 PM

Quote from Nimue on Friday, May 17th 2013 @ 7:51 PM

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

Quote :

Los Angeles (CNN) -- A cache of e-mails believed lost when Michael Jackson's last manager's laptop disappeared could become key evidence in the wrongful death trial against AEG Live. Lawyers for Michael Jackson's mother and three children don't know what they'll find in Frank DiLeo's e-mails, but they are hoping it will support their contention that DiLeo was beholden to the concert promoter and not to Jackson.
Jackson changed managers twice in the last three months of his life. In late March 2009, he hired Leonard Rowe -- one of his father's friends -- to replace Tohme Tohme, the manager who initially negotiated the deal with AEG for his "This Is It" tour.
Jackson lawyers argue that AEG Live forced Jackson to take DiLeo, who had worked for him off and on for decades, as his manager in May 2009 because they did not want to work with Rowe.
The lawsuit contends AEG Live ignored warning signs about Jackson's health in his last weeks, and instead of getting him help they pressured Jackson and Murray to have him at rehearsals. DiLeo would have been part of that pressure, they contend.
"Get him a bucket of chicken," DiLeo said on June 19, 2009, in reply to concerns about Jackson's weight loss, makeup artist Karen Faye testified last week. "It was such a cold response, it broke my heart," Faye said through tears.
The next day -- June 20, 2009 -- DiLeo left a voice mail on Murray's cell phone. "I'm sure you're aware he had an episode last night. He's sick. Today's Saturday. Tomorrow, I'm on my way back. I'm not going to continue my trip. I think you need to get a blood test on him. We got to see what he's doing?"
DiLeo's e-mails were recovered after what the judge called "a lot of red tape and kind of cloudiness," that included the AEG's lawyers also representing the estate of DiLeo, who died in 2011, in fighting the Jacksons' subpoena for them.

DiLeo's role in all of this is still really interesting and I cant help thinking if the bad guys had an interest in him passing away...

Quote :

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

This all sounds a little too weird... because the widow "didnt have litigation counsel", AEG was representing her only for responding to that subphoena... How on earth is this legal? The Jackson lawyers are trying to show that DiLeo was beholden to AEG and not to Michael. For this they need the emails and therefore they have subpoenaed DiLeo's widow. AEG represents her but only in the "limited purposes of responding to the subpoena"... What the...? Are they for real?

Quote :

Soon after an Ohio court ordered DiLeo's estate to give his laptop and e-mails to the Jackson lawyers, the AEG lawyers -- in their other capacity representing the DiLeo estate -- reported that they could not locate the computer or e-mails.
Jackson lawyers, however, learned that the DiLeo estate's previous lawyer -- Pennsylvania lawyer David Regoli -- kept a copy of the e-mail files. For the past several weeks, however, the AEG lawyers argued he had no authority to provide them to the Jacksons' lawyers for use in the case against AEG.

The nerve they got... why wouldnt he have the authority? These AEG lawyers think they rule the world (well they kinda do.. but still....)

Quote :

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

... and she hadnt thought of this herself?

Quote :

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

Well they cant be "not representing her anymore" if they were never authorized to represent her in the past.. wow...seems logical not... and also shows how AEG steps all over people

Quote :

Linda DiLeo then rehired Regoli, which allows him to send the e-mails on to the Jacksons -- after removing any that are personal or not relevant to the case.
"I think I can give the court my assurances that I'll go through the documents that I have and I'll go through the e-mails, and anything that is related to the subpoena, I would obviously turn over," Regoli said.
As for the missing laptop, there was a simple explanation. Linda DiLeo "had told me her daughter had given it to a friend who needed a computer," Regoli said. "It wasn't a very new computer."
While the Jackson lawyers wanted to explore how AEG's lawyers came to represent the DiLeo estate in Ohio, the judge declined exploring the matter.
"All we know right now they're not representing her, and that's enough for us," Judge Yvette Palazuelos said.

"Right now"... they never did represent her.. the judge shouldnt let AEG off the hook on this one.. they are seriously trying to compromise evidence... Are they learning from this guy?
Tom Sneddon falsified evidence in the MJ trial.