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 Opening Statements / Witnesses for KJ

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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 4:57 pm

posted by Nimue on Sunday, May 19th 2013 @ 9:46 AM

This AEG trial or Hamlet trial, to be or not to be sounds really fishy. It is about negligent hiring as I see it the first step is to establish if AEG hired or not Murray, second to establish that AEG didn’t check the person involved (Murray) and finally to establish if AEG put pressure on the person Murray.

As I see it this would be simple. First of all the key witness should be the one alleged hired at the time. So, pretty simple, Murray had to take the stand. But it might be taken as “hearsay”, how come?

If Murray says it was Michael who hired him, it might be taken as hearsay for the plaintiffs and if Murray says it was AEG who hired him it might be taken as hearsay for the defends. Tricky.

But there is a twist here. Murray says he is not taking the stand because the pendent appeal. Well, who hired him is not part of the pendent appeal.

Very simple, the judge could allow only the questioning regarding the contract or hiring at hand, limiting the questioning from both parties and not allowing any questions on what happened on Jun 24 or 25 (base for Murray trial and appeal).

The main points on Murray appeals if the fact that an error made by the judge not allowing to discuss the theory that Michael shot himself the deadly shot of propofol, that they were not allow to test some samples and the prosecutor tampered with evidence in court, to remove Dr. Shaffer testimony. None of this is part of AEG trial.

So the question is: What is holding them back to put Murray on stand? Why is he pealing the 5th on who hired him?
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:03 pm

posted by Nimue on Sunday, May 19th 2013 @ 5:27 PM

I will post parts of an article about Karen Faye testimony written in a blog. The article is long and I will post just parts of it.

Transcripts for Karen testimony:



About the article the whole article can be read here:


Munich 1999

Karen described the awful Munich accident as follows:

A. On the stage there was a bridge. A high bridge. Michael would run up the bridge and it would split in three parts, with him suspended on center part. In Munich, Michael ran up the bridge, the bridge was lifted, then the whole bridge collapsed with Michael on it.

Q. Did he fall down?

A. Right down past the audience. When I saw what happened, I thought he was dead. That was a tragic accident. I was devastated. Then I saw an arm go on stage. Then another arm. And then his leg. And he got up – and finished that song. We wanted to take him to the hospital. He said: I can’t, I can’t. I can’t disappoint the audience. He finished the show. After he went backstage and he collapsed.

Q. Do you know if he suffered any pains as a result of that?

A. Yes sir. He suffered back pain from that moment on. He only ever mentioned about his back being in pain when he was under physical or emotional stress.

So that pain in the back grew worse when he was under a heavy physical or even emotional stress. No surprises here – our spinal cord is a place to bring together all the nerves in our system.

With regard to the burn it is probably the first time ever that the problem of stretching Michael’s scalp is at last being raised and discussed so openly.

Up till now the general public had no idea that after the burn in 1984 and the initial healing Michael had to go through additional surgeries to stretch the skin in order to cover the bald spot on the top of his head.

Now we learn that these operations lasted at least until the year 1993 when Michael was to go on the Dangerous tour. In fact the balloon stretching his skin was taken out just on the eve of his Bangkok concert on August 23, 1993 which was exactly the time when the Chandler case was breaking. And this means that in addition to the pain of the horrendous false accusations he was going on a tour having a fresh wound on his head!

If we calculate how long this burn treatment took it will make no less than 9 years. The period could be even longer as Karen says the operations were made between the legs of the tours and she did not name the date of the last surgery when a decision to finally wear wigs had to be taken. Yes, the effect of all those surgeries was so devastating that the initial small bald spot turned into a vast baldness which finally demanded wearing a wig.

And the wig means perspiration especially during the show and Botox injections as it fights sweating. The need for it was also mentioned by Karen in her testimony.
Initially the burned area was like this - 1984 (sorry for the pictures)

The surgeries left Michael not only with baldness but with terrible migraine headaches. When the expanding balloon was under the skin it gave him excruciating pain as he said to his friend David Nordahl, but when it was taken out the pain still went on as Karen Faye says – he often had to go on a tour or do some important projects when the wound was still unhealed (like the Addams family short film, later turned into Ghosts if I remember it right, made on the eve of the Dangerous tour).

Some of the medications to dull the pain came in the form of special patches of slow-release painkillers placed on his scalp but more often they had to be injected, and over here it was Michael’s future wife Debbie Rowe who often came with a little bag to his trailer during the making of the Addams family short film.

My comment: I think this is what latter they called narcan implants, but it was not narcan implants.

At first the burn basically healed and left a small balding spot

Then it basically healed but still required a hair piece to cover the bald spot

Since Karen was going on a tour and Debbie wasn’t, she asked her to continue with the injections but Karen refused and they were evidently taken care of by Dr. Finkelstein who was Michael’s doctor during the Dangerous tour. Later the doctor told her that “it was a good thing she wasn’t carrying the package he had received. It had vials and syringes in it. If she had carried it she might not be here” implying that she could have been detained for smuggling drugs.
But then they started stretching the skin and cutting out the bald spot. It did not work, but the pain was unbearable

But then they started stretching the skin and cutting out the bald spot. It did not work, but the pain was unbearable (very sorry for the pictures, guys)

Of course all this surgery started because it was Michael who wanted to grow some hair on the bald spot, but this I perfectly understand. Dancing with a hair piece was difficult and straining him in his movements for fear of losing it during the show – just imagine how embarrassing it could have been if such an incident happened.

But continuing with the surgery when Michael had lupus was an extremely reckless thing too as lupus prevents scars from healing. Moreover all that surgery formed Michael’s dependency on painkillers.

Who is ultimately to blame for it? Doctors only – the final decision is always theirs. A patient cannot do surgery on his scalp all by himself.

Karen Faye says:

A. Regarding operations – he had 1st, 2nd and 3rd degree burns on the top of his scalp. At first they tried to have it heal. Later he had surgeries.

He was basically okay afterward the initial burn. His skin healed. We used a small hair piece that would cover the top of his head where he’d been burned. Doing that wasn’t the best for performances so Michael had an operation on his scalp for the hair to grow back. A bladder had to be inserted under his skin and stretch the skin.

His schedule was so busy that he never had time to heal from the surgery. He did a short film Addams Family Values, or something like that. His scalp was healing from the operation, but he was getting chronic migraine headaches from this operation. It caused incredible pain.

Q. Did anything unusual happen before the [Dangerous] tour started?

A. Yes. We were doing the short film for Addams Family. Michael was going through the pain from the scalp surgery with the inserted balloon (bladder). He was having slow release pain medication patches put on his scalp to help him.

Karen was asked to take some packages with her on a tour but refused, and when she did the matter was taken to Gongaware who was friends with Dr. Finkelstein.

Putnam: And he had this surgery just before going to Bangkok?

Faye: I really don’t know the exact date of the surgery, sir. I worked with him on the shoot and the actual inflation device was under his scalp, just before we left Bangkok, the device was removed, an operation to bring the skin together on his scalp had already been complete.

Q. And you saw his scalp every time he performed, right?

A. Not every time he performed. But I had to deal with his wounds and covering them.

Q. Do you remember seeing any signs of that surgery on the prior leg of the tour?

A I do not recall on which leg of the tour, the in between stages, when he had the surgery.

Q. You do remember between legs of the tour he had the surgery and then you saw the results, but you don’t remember between which leg of the tour he had the surgery, correct?

A Correct. Or the year?

Q That was 92-93. This was 1993, we’re talking about Bangkok. And to be really specific, I can tell you it was August 23, 1993.

A And you’ve done your homework, sir.

Q And you said yesterday he would get headaches as a result of the surgery, correct?

A Yes. Migraine headaches. He was in a lot of pain.

….Q. I’m asking you of you remember any other times during the Dangerous Tour where you thought he was under the influence of drugs?

A. I’m just really confused by this. I’m telling you that this entire leg of the tour, I was really concerned. Doctors were telling me they were working on the BALANCE of – killing the pain for him, and being able to perform. I was always conscious of what was happening during this part of the tour. Other than the traumatic ones. I can’t really recall any specific time.

During the Dangerous tour painkillers had to be used both for Michael’s physical and emotional pain due to his enormous stress from all those molestation issues. Each time he went on stage everyone in the audience thought him to be the vilest of criminals. This was so terrible a strain that Karen doesn’t know how he managed to do the tour at all. She put the drugs in direct connection with the molestation issues:

Panish: Did there come a time in that tour when you felt Michael was getting worse?

Faye: Yes. Michael was under a lot of stress at that time because that’s when the first child allegations were made public (becoming emotional). And Michael had to go on stage every night, literally with the whole world thinking he was a pedophile. He had to stand up through all of that slander and all of those things. The visible pain this had – He had to perform and be up there. To this day, I don’t know HOW he did that.

Putnam: Back to the Dangerous Tour. You’ve testified you don’t recall having any conversations with Mr. Jackson about your concerns about his use of painkillers?

Faye: I said I don’t recall any details about a conversation. As I’m saying, I kind of avoided the molestation/drugs issue like the plague.

Q I’m only asking about the drugs, ma’am.

A I avoided them both. Because they were both interconnected, sir.

Jumping to another part:

The first one is the fact that during the 2005 trial Michael was afraid to eat not to throw up when listening to all those filthy things said about him by the people he used to love (so these were indeed lies as Michael even had a physical reaction to them), and the second is his skeletal condition noticed by his fans when they presented him with a jacket in the middle of June 2009. They sent Karen an email about it and Karen forwarded it to Dileo:

Let me also add to the above the following details from Karen’s testimony also about the 2005 trial:

He got worse, sir. He wasn’t eating. He was getting thinner. His physical pain. His back pain. He started losing weight. He said he couldn’t eat because he didn’t want to throw up. He had to watch all the people that he loved and cared about, be worried about him. He wouldn’t go to the bathroom at the court because the guard would stand behind him and he was too shy for that, he was too much of a gentleman. He could never go to the bathroom with someone watching him. So he wouldn’t drink before we left. Then he had fallen and hurt his back. The media called it “pajama day.” You all saw it. He was taken to the hospital. They gave him some pain killers. The court said he had to be there or he would be put in jail. They put him in the car. We followed in another car with his clothes. We hoped we’d be able to dress him somewhere, but there was no time. They kept saying: He has to be here or he goes to jail. So he had to go to court in his pajamas.

Every night Karen went to Michael’s home at 3 in the morning to get him ready for leaving for the trial at 6-7 am. She used this time as a time of peace to help him cope with all the pain of it.

Q. How was he doing through the criminal trial?

A. He was being really brave. I would go to Neverland Ranch at 3am every morning to get him ready by 7am. We had to be out the door by 6-7am to get to the trial. If we didn’t show up on time they’d throw him in jail. They made it a parade, every single day. They had a red carpet, making him go into that courthouse every day. And the media. All the media. Other people, the witnesses got to go in around the back. They made him – every single day – walk the red carpet. Just to put him on display, and give the media bites. Michael – we got him dressed every day. We made sure he looked really good. I washed his hair. Every day, get him ready. Every day, we would hug – be arm and arm together and cry. I’d blow dry his hair. We’d listen to classical music. We’d watch Three Stooges videos.

The time I spent with him was a time of peace. Not confrontation. He had to go into court. I didn’t see him other than that space in time every morning. It was my job. It was my during as a friend. To make that time and space as peaceful and calm as I could before he had to go where he had to go. I didn’t want to confront him with anything. And no matter what he was doing, I could never blame him for that. Because of the pain. Physical, psychological, emotional pain.

This part now is really interesting


Perhaps one of the most sensational pieces in Karen Faye’s testimony is that the doctor who was either feeding Michael with painkillers or was at least fully aware of them and was ready to put his life at a grave risk was an insurance doctor provided by Lloyds.

This information was also mentioned by one paper only though in Karen’s testimony I found the insurance doctor discussed several times both in direct and cross examinations. This ‘doctor’ was evidently accompanying Michael to make him do the shows at whatever cost it took – even if Michael had to be given all painkillers in the world and despite their absolutely devastating effect on his health. In fact the ways of this ‘doctor’ were so brutal that even Karen had to experience them when she wanted the show cancelled due to Michael’s condition.

Karen was never under the impression that Dr. Forecast was Michael Jackson’s personal doctor, but she was definitely under the impression that he was put there by the insurance company Lloyds. In her testimony this brave woman said:

Putnam: You say you believe this Dr. Forecast was the insurance doctor for Lloyds, is that right?

A It’s kind of what I recall, sir. That he was from Lloyd’s of London regarding the insurance.

Q Do you recall why you thought this?

A Somebody told me, I guess. Or it was on a call sheet, I really don’t know.

Q Did you ever get the impression that Dr. Forecast was Mr. Jackson’s personal doctor on the tour?

A I never got that impression.

Q Did you ever tell you that Dr. Finkelstein was also doctor for rest of the tour, for the crew and others?

A He served in that purpose also, sir.

Despite his condition Michael was able to observe the scene and later thanked Karen for intervening and stopping the show. Aside from that they never discussed the episode between themselves:

Putnam: Do you remember ever discussing it with him, at all?

A I can’t remember, sir. It may have come up. Especially after what happened in that dressing room, it’s not anything that I would have ever brought up in our space. So I can’t recall. But I know he thanked me for what I did in Singapore. If that’s what you mean about any kind of conversation.

Q He thanked you for what?

A For stopping the show.

To Brian Panish Karen described the episode in very much detail. By stopping the show she must have indeed prevented possible heavy injuries – at that moment Michael could barely stand on his feet and a toaster was to push him with the force of a cannon. It is also a very narrow tube, so one awkward move could cost Michael both of his arms.

Panish: Dr. Forecast. Was it your understanding that he was a medical doctor?

A. I just knew he was brought in. He was the insurance doctor.

Q. There was a time on the tour you discovered Michael had been given too many drugs and couldn’t perform. What did you learn?

A. Yes. Michael came into the dressing room. He was stumbling. He had a hard time walking. He actually fell over a potted plant/tree. Dr. Forecast was there. I told him: Michael can’t go on. He has to enter on a toaster. Toasters are very small. You have to curl up and be shot out of it. He could lose an arm. I’m seeing Michael in this state and I said you can’t put him in this position. I feared for his safety. I feared for his life. I told Dr. Forecast: You can’t. You can’t make him go out there like this. I put my arms around Michael and said: You can’t take him. And he said: Yes, I can. He put his hands around my neck, backed me against the wall and said: You don’t know what you are doing. I couldn’t breathe. I almost fainted. I fell to the floor. He grabbed Michael and took him off to the stage.

Q. That was Dr. Forecast.

A. That was Dr. Forecast.

The world must have completely gone mad if a doctor who was supposed to take care of Michael’s well-being was ready to subject him to a grave danger and behaved like a regular Mafioso, while an honest woman who is not even in the medical profession was the one who stopped this madness and saved his life…

And what did he mean by saying “You don’t know what you’re doing”? Let me guess – money again? Losses which the insurance company did not want to pay in case the shows were cancelled?

So this is how these white-collar guys behave when a lot of money is at stake? And this is what doctors do when they want performers to do their concerts – they pump them with drugs so that they can barely stand on their feet and then push them on stage never minding the consequences?

And after that the media keeps blaming Michael for everything that befell his poor head?

No, this process is absolutely not the ‘doctor-shopping’ which is the media’s favorite term for Michael. It is exactly the opposite of it and is a sort of doctors ‘selling their patients’ – they feed drugs to them to keep them going and when the inevitable happens shift all the blame to their shoulders. And Conrad Murray seems to be not the only one. If Lloyds doctors do it, then who doesn’t?

Let me also note that when the Dangerous tour was indeed cancelled it was MICHAEL JACKSON and not the insurance company who had to pay $20mln damages to Marcel Avram, the organizer of the tour. The reason cited by Avram was failing to obtain payment under the insurance as Michael was taking drugs and this factor was not disclosed to anyone when obtaining the policy. But look here, how could the insurance company be unaware of Michael’s problems if their own doctor was drugging the patient during the tour and pushing him on stage in a half-conscious state?

It looks like their whole greedy world based on hypocrisy, pretence and lies is collapsing just in front of our eyes…

All of it is in this article of the 1993 period which even mentions the Singapore concert that had to be cancelled (the one which Karen Faye interfered with) and the poor Lloyds being totally ‘unaware’ of Michael’s problems with the drugs.

Please also note that Michael “barely rehearsed” for the tour but this was no obstacle for making fabulous shows:

jumping here

So they accuse Michael of using false information while they themselves take people by their throats so that they do not stand in their ways? Incredible hypocrisy and pretence!

Besides Dr. Forecast Karen named three more doctors in her testimony. Dr. Stewart Finkelstein was accompanying Michael on the Dangerous tour as a personal doctor and a friend of Paul Gongaware. Since he was a friend there was no way for Gongaware not to know of Michael’s grave insomnia, and this takes us back again to a question why they set the shows so close to each other if you knew of his sleep problems:

Q. At a point in Bangkok, there was a doctor on the Dangerous Tour. What was his name?

A. Dr. Stewart Finkelstein.

Q. Was he friends with Mr. Gongaware?

A. I found out he called Paul Gongawaare when I said wouldn’t carry the packages into Bangkok.

Q. Did you ever see Mr.Gongaware hanging out with Dr. Finklestein?

A. Yes, quite often because they were friendly. They were friends.

Another doctor was mentioned by Karen in connection with the concert at Madison Square organized by Frank Cascio. And again the problem before the concert arose due to Michael’s lack of sleep. The doctor gave Michael some sleeping aid to make him sleep for 5 or 6 hours. His name is unknown:

Q. Did you work on the 30th Anniversary event at Madison Square garden?

A. Yes.

Q. Did anything happen while preparing for that? Tell us.

A. Yes sir. I went to get him ready for the show, two hours before he was due at MadisonSquareGarden. There was a doctor there. He was surprised to see me. He said you can’t come in here now. I’ve given Michael something and he’s going to be asleep for 5-6 hours. I said this can’t happen. I think it was Frank Cascio, helped me get him up. I did his makeup and hair while he was almost out. I was working him around. I gave him Gatorade and a bagel, trying to get whatever they put in his system out. His fans and everyone were all there waiting. It was a desperate situation. He was still sleepy. But he did get there and he did perform.

One more doctor was Dr. Ratner whom Karen saw appear in Michael’s life at the end of the first leg of the History tour. What happened later she did not see as she was released due to the interference Michael’s then manager Tarok and Debbie Rowe who was pregnant at that time and was extremely jealous of Karen. Karen was replaced with another makeup artist, a man and a friend of Debbie’s, but later Debbie had to apologize for her role in dismissing Karen. Actually it was Michael who asked her to apologize.
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:04 pm

posted by Nimue on Monday, May 20th 2013 @ 2:38 AM

Karen talks about Lloyds and there Lloyds comes again...

AEG execs face questions about Michael Jackson's death

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

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

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

blah..blah..blah blah..

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

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

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

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

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


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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:07 pm

posted by admin Fairy on Monday, May 20th 2013 @ 2:37 PM

Time for some Fairy comments... Stacy Walker testimony was interesting... Nimue posted the basics and the article below is a repetition mostly but just a few comments....

Choreographer Stacy Walker: MJ Didn’t Appear Sick

Bonnie May 14, 2013 News

(14-5-2013) Stacy Walker, an associate choreographer who worked on Michael Jackson's 'This Is It' concerts, testified Monday that she didn't see any signs that the pop superstar was ill or might die in the final days of his life. Walker said Jackson appeared thinner than he had been in previous years and wore multiple layers of clothes while rehearing.

She testified despite Jackson missing rehearsals, she was convinced based on his performances in the last two days of his life that he was ready for the series of shows. She said she was frustrated when he missed some rehearsals but that she gave him the benefit of the doubt, assumed he was well and thought maybe he wanted to be with his children.

"I just never in a million years thought he would leave us, or pass away," Stacy Walker told jurors. "It just never crossed my mind."

Walker said she attributed Jackson's multilayered wardrobe to a personal preference.

"He wore a lot of jackets and I could assume he was cold," she said.

She said she recalled one incident in which Jackson may have appeared groggy or drugged, but she said she couldn't remember whether she witnessed or heard about it from others on the show.

She also testified that Michael gave solid rehearsals the two nights prior to his 2009 death.

"They were great," said Stacy Walker, who also was a dancer on the second leg of Jackson's "HIStory" tour in the late 1990s. "I finally saw what I was looking to see."

Walker said Michael also showed some unique sides of himself those nights.

"He was very bratty and sassy," Walker said. "He would punch at the camera, then say, `I'm sorry, it was all in love."'

Walker was the first witness called by AEG. Previous witnesses have testified that Jackson was shivering, had to be fed by others and appeared unprepared while preparing for the "This Is It" shows. Walker said she never saw any of that behavior, although she acknowledged that her job was to work with other dancers and not Jackson directly.

"I wasn't looking for things at the time," she said. "I wish I was."

Funny how half the people there dont even notice smt was wrong, because they "werent looking for things like that", and others talk how obvious it was

Walker said that while at Staples Center on June 25, her boss during the "This Is It Tour," head choreographer Travis Payne, was on his way to rehearse with Jackson at the singer's house. She said Payne called and said he heard a radio report about the entertainer being hospitalized. Walker testified she asked show director Kenny Ortega what he knew, but he downplayed the reports. Walker said she told dancers rehearsing for the concerts not to worry. But she said reality set in later in the day when she learned Jackson died.

I still dont understand how Kenny Ortega can downplay the reports of MJ being taken to hospital when he himself testified how worried he was a few days earlier and even mailed it to Randy Philips. Again as I asked before... did he know about the hoax? Is that why he didnt worry when the reports came in? Or didnt he care about MJ?

"It was shocking. Just 12 hours ago, we did `Thriller' and `Beat It,"' she said, fighting back tears.

Walker said she had some conversations with Jackson during preparation for the "This Is It Tour" that are now "very special to me in hindsight." She did not elaborate.

Walker's testimony was supported by Travis Payne, an associate director on the "This Is It" concerts. Payne, who rehearsed one-on-one with Jackson and helped craft the creative vision for the show, said he never saw signs that Jackson was ill or impaired in early preparations.

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

Payne worked with Jackson individually almost every day for the last three months of the singer's life. He ate lunches with Jackson, saying the star's appetite varied daily. Michael was able to perform many of his familiar dance moves, although they had to be modified because the singer was 50 years old and not as limber as he had been decades earlier. He said Jackson was tired for some of the sessions and that "some days would be better than others."

Despite testimony from some earlier witnesses that Jackson appeared emaciated, a medical examiner who conducted Jackson's autopsy had testified that Jackson was not underweight when he died and appeared to be in excellent health. Dr. Christopher Rogers said the singer did not bear the signs of someone who was starving when he died.

Payne also briefly discussed Jackson missing rehearsals. He resumes testifying Tuesday.
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:12 pm

posted by admin Fairy on Monday, May 20th 2013 @ 3:19 PM

Quote from Nimue on Friday, May 10th 2013 @ 12:07 PM

Quote :
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...

There is smt funny about this. Karen Faye is asked to do make up on MJ after he passed away, so that he would look nice. Of course the weird thing about that is that hardly anyone except LaToya saw him. More people saw him without make up in the hospital, but there is concern that he looks nice to prepare for ... that no one will see him before the funeral. As I recall Karen Faye spent nine hours doing this make up. As we have talked about before it doesnt take this long to do a make up on a person who passed away. But if Michael wanted a good disguise like the one he had in "Ghost" as the mayor, then he would have to sit put for some nine hours.... hehe...

Now Karen Faye refuses to do make up on a footage... because it would be a lie... did I miss the info on who asked her to do the "make up on the footage", which sounds ridiculous.. why would you ask a make up artist to be a wizard on editing a footage? Maybe I should ask her to come help make my vids look nicer too..

Anyway who asked her to make MJ look nicer? Sony distributed the film, Kenny Ortega directed it. So did Sony or Kenny Ortega ask her to make MJ look nicer?

Who were the producers?

Michael Jackson, Randy Phillips, Kenny Ortega
and Paul Gongaware...

If we rule out Michael, him having "left" and all, it boils down to Kenny Ortega and RandyPhil/Gongo. Did AEG tell Karen Faye to make him look better? No need you would think as they keep saying he looked just fine and they had no suspicion he was doing drugs.

AEG looks utterly confused in this trial....

"Divine Varod" made the interesting comment that the allegations against Michael was launched at this specific time, so no one would pay much attention to Karen Faye's testimony... it surely does make her statement "They all lie!" very true; considering the allegations. Lot of it we heard before, but a few new things...

Divine Varod is a website created by writer, comedian and journalist Daniel Cohen to celebrate Sci-Fi, Comedy, true music icons and many other stuff that is out there -and out here if you return to this website often enough.
We hope to feature interesting news and will also include stories and observations from time too time.

Karen Faye on Michael Jackson ‘s last days:
“Everybody was lying” -the testimony they don’t want you to read!!

Posted by daniellcohen on 2013/05/18 in Michael Jackson

In all the brouhaha surrounding new allegations towards Michael Jackson, you might have missed this interesting testimony from Karen Faye in the AEG case. She reveals that everyone was lying before and after Michael died. Interestingly, the new allegations were released to the world the day Karen made her testimony and it overshadowed everything else.

Michael Jackson appeared paranoid, repeating himself and shivering from chills in his final days, his longtime makeup artist Karen Faye testified.

She explained that “everybody” around Michael has been “lying” about the circumstances leading up to his death.

“Everybody was lying after he died, saying that Michael was well… Everybody knew that he wasn’t. I felt that retouching Michael [for his posthumous 'This Is It' documentary] was just a part of that lie. It was a lie. I didn’t want a lie.”

“[Costume director] Bush said, ‘Oh my God. I could see Michael’s heartbeat through the skin in his chest. He was clearly upset. He was pretty much in shock.”

Faye went on to reveal that she raised her concerns with AEG Live CEO Randy Phillips but, rather than seek help for MJ, he simply agreed things were “not so good.”

“It was such a cold response, it broke my heart.”

“This (Michael) was not the man I knew,” Karen 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 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.

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.
“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.”

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.
“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.

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.”
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:19 pm

posted by admin Fairy on Monday, May 20th 2013 @ 4:54 PM

Comments connected with Harvey and AllGood Entertainment....

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

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:

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:

Ortega wrote:

“Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back.”
Ortega added:
Ortega wrote:

“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.

Like a "lost boy".. then Randy Philips must be Captain Hook.

Phillips refused to consider stopping the This Is It concerts.
Randy Philips wrote:

“You cannot imagine the harm and ramifications of stopping the show now... 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:
Randy Philips wrote:

“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.”

So AEG claims they didnt know Michael was on drugs.. but AllGood and Harvey knew very well. My thoughts are that Michael tricked the bad guys into believing he was on drugs... and AEG is lieing when they say they werent seeing the same illusion AllGood was seeing...the illusion that Michael was on drugs.

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 has a good postion in this. Their deal with MJ was a one night event. They did not put the kind of pressure on MJ that AEG did...

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.”

Interesting emails Im sure... I wonder if AEG has learned the lesson by now... not to communicate too much by email...
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:39 pm

Shawn Trell: Senior Vice President and General Counsel for AEG Live

ABC7 Court News ‏@ABC7Courts 6h

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

Senior Vice President and General Counsel for AEG Live for 10 years. He's been with the company for 13 years.

Trell said he met with defendants attys for a few hours Saturday and Sunday, reviewed documents to refreshed his recollection.

"I'm the client's representative in the court," Trell said.

Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started.

Trell said he's aware MJ wanted to produce films and Anschutz has a film company. He wasn't aware that MJ and Anschutz met about TTI movie

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

Trell was interviewed by LAPD. "I think they were interested in what we knew about Dr. Murray," she testified.

Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn't recall.

Panish: Did you enter in a contract with Mr. Jackson for TII tour? Trell: Yes

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

Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie.
Trell said he's confident he turned over all the material requested of AEG Live.

Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents.

Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG.

Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell.

Panish asked if AEG Live sent a letter to MJ's Estate after he died trying to recoup money. Trell said he didn't recall.

Panish showed an AEG Live letter written to MJ's Estate with costs incurred for the tour. It was signed by AEG's CFO.

"This report was sent to the Estate as an accounting and an effort to recoup the money based on the agreement," Trell said.

The report indicated around $30 million had been spent on the production of the tour.

Remember the number before? From 24 to 30 so far

The report included $300K to pay Dr. Murray. Panish noted that the report was sent to MJ's Estate to recoup money "spent."

Oooppss.. Remember I said later we would need some the info? Holland said AEG nevere paid Murray and now AEG charged MJ Estate for paying Murray…

AEG never paid Dr. Murray. "To me, it was a mistake," Trell said about including payment to Dr. Murray.

Now came the excuse

MJ was given $5 million in advance: $3 million was to pay settlement of a lawsuit, $100,000/month for Carolwood house lease.
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:48 pm

Trell said MJ was already in the house at Carolwood when they entered into the agreement.

At this part I recall Elke post in another thread about the timeline and Michael’s residences

AEG was to assist MJ to get $15 million in credit line, or would advance the money, so MJ could buy a house in Las Vegas, Trell testified.

Trell said Tohme Tohme was acting as MJ's manager at the time and was to be paid no more than $100,000.

Hehe.. Tohme Tohme is cheaper than Murray

Panish asked if AEG Live ever had a contract that included pay for artist's personal manager's salary: "I don't recall one."

Hollander said nobody is paid without contract, where is Tohme contract then?

"This was the only time we paid a personal manager," Trell testified. AEG Live's producer's fee: 5 percent of net tour income.

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

After lunch break, Panish asked Trell is AEG was getting 5% as producer and 10% as promoter of the show, and he said yes.

Panish shows a document with AEG Mission Statement. One of bullet points is "to create land maximize revenue streams."

As of June 2009, Trell said AEG was not sure the extent of Jackson's assets to secure the interests of the company.

"There's an inherent risk in any commercial undertaking," Trell said. It wasn't a sure thing that AEG would get back the $35 million spent.

Now the number is going up.. started at 24 went up to 30 and now it is 35

By the time they spent $35 million, tickets were already been sold, Trell said and they knew tour was sold out.

The development of a tour is a fluid thing, there were conversations between our side and MJ's side all the time, Trell said.

"I don't know when I became aware the production cost exceeded $7.5 million," Trell testified.

As to non-appearance insurance, Trell said he got insurance for $17.5 million.

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

The letter was drafted on June 28, 2009, 3 days of MJ's death. "I wouldn't characterize it as trying to get the monies back," Trell said.

Panish explained the letter was to get confirmation of all the money spent so AEG could recoup the money spent.

Trell said there was nothing in writing saying Mr. Tohme was an officer of MJ's company. He said Mr. Tohme verbalized it to him, though

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

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

"I had nothing in writing," Trell said about Tohme representing MJ. "Presumably they could've objected if they felt it wasn't true."

Trell said Mr. Tohme represented to him he was representing MJ. "I had no reason not to believe him," Trell said.

Trell said he drafted the agreement that Mr. Tohme was going to be paid by AEG as part of production cost. "We were making that payment."

Now without any contract

Trell said he didn't know who came up with the $100K figure to pay Mr. Tohme. "AEG was facilitating an agreement between MJ and Dr. Tohme."

Tohme was not paid. "That was because there were some conditions in the agreement not met."

"Subsequently, I learned Mr. Jackson had not approved the payment," Trell testified.

"MJ didn't authorize, so it wasn't going to get paid," Trell said, explaining he learned it either from Randy Phillips or Frank DiLeo.

On 5/5/09, MJ wrote: "At my direction and effective immediately, Dr. Tohme Tohme is no longer authorized to represent me in any capacity"

Bob Taylor is an insurance broker, Trell said, and Lloyds of London is one of the underwriters of the type of insurance they were seeking.

Panish shows a document where MJ was required to have a physical exam so broker could take the results to the insurance companies.

Trell said he asked the question why insurance broker had chosen Dr. Slavit in NY and not a doctor in LA.

The payment of the doctor was going to be 50/50 between the insurance broker and AEG, Trell said.

Trell testified that it was the broker's belief that without physical exam there would be no way to get insurance.

An email shows Trell inquired if it was really necessary to incur $10K in expense to get the medical exam completed.

Trell said he never saw Dr. Slavit's report, or any other report, regarding MJ's physical exam; didn't know what kind of doctor he was.

Trell said he learned through Taylor they wanted to get a number of years about MJ medical history. "They were concerned he had skin cancer"

"The policy was otherwise issued, but this was to add illness," Trell said. They required 2nd examination in London; wanted to see rehearsal

Trell said he never saw a request for a second medical exam in any tour.

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

Panish showed email from the insurance broker to AEG execs with several question: details of coverage required, if artist had doctor on tour

Trell said he doesn't know whether this email with the requests was ever sent to MJ's people.

Trell said Dr. Murray was asked later to help with these answers. "It was thought that he might be of some help."

Panish asked if Trell sought life insurance on MJ where they would be the beneficiaries. "An inquire of that was made to Mr. Taylor."

Email from Wooley to Trell and Phillips: "We have no coverage against MJ sickness unless and until MJ submits to another medical in London."

"It was important to get that medical done," Trell testified. He said policy would kick in on death, but not illness.

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

Given the hour MJ died, Trell said he thinks he was not on the phone with Bob Taylor negotiating more insurance for MJ.

Panish showed email from Gongaware to the insurance broker on June 24, 2009: "Dr. Murray can comment on the availability of the records."

Panish said the amount of coverage was the maximum the underwriters were willing to cover, Trell agreed; it was effective April/early May

Two days before MJ died, Trell asked broker for longer insurance coverage: "Term insurance is a reference to a form of life insurance"

Trell said he was looking for other options to cover the gap for what had already been spent. AEG made a claim on the insurance, Trell said.

Panish: You made the claim the night MJ died, didn't you? Trell: I don't recall the date; it wasn't Jun 25th when I sent letter to Taylor

It was 5 days after

Panish: Were you speaking with Taylor about MJ being sick on the day he died? Trell: I don't recall speaking with Mr. Taylor on the 25th

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

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

Trell has been designated as the most knowledgeable and qualified to represent AEG.

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

Trell said there were no AEG employees at rehearsal on June 19. He learned about MJ's feeling ill during the executive management meeting.

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

Trell said he never spoke with Dr. Murray about MJ's condition.

Randy Phillips learned about MJ's physical condition through Kenny Ortega, the tour director for TII, Trell said.

"Ortega's contract were a series of emails between us" Trell said. "He didn't have agreement of the nature as other people had on the tour"

Trell: I don't recall, but I know initially it was more informal agreement. He (Ortega) was being paid based on the email agreement.

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

Dr. Murray was an independent contract, Trell said. An agreement is a term of conditions, not only agreement on compensation.

"He was rendering services to Mr. Jackson; he had not been engaged for TII tour," Trell testified.

Email from Dr. Murray to Wooley on May 29, 2009: "I have performed and continue to fulfill my services to the client in good faith..."

Email cont'd: Therefore, I am asking you to deposit my fee for May in reciprocity of good faith on your part
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 5:51 pm

posted by Nimue on Tuesday, May 21st 2013 @ 6:28 AM

Fairy there are so many things happening at the same time in this HAMLET TRIAL that we would need a Fairy full time on it.

Each testimony is interconnected, sometimes is something to right after to be another. It is the TO BE OR NOT TO BE..

In one testimony, Michael's weigth went from 110lb to 150lbs in a matter of hours, He is sick he is healthy, Lloyds providing a doctor to inject painkillers on Michael, Lloyds worried if Michael had drug problems ... all messed up.

Fairy wrote:

I doubt Debbie Rowe thought Michael liked Karen Faye better than her... if he does, he could have proposed to Karen Faye a million years ago.. and if Karen Faye was close to him like a sister to a brother, then why didnt Michael share his big joy with her that he was about to become a father?
Good question Fairy, It seems for a brother and sister relationship a lot of things went unknown for the closest sister.

It seems he never shared with his “sister” important things for him.

It was interesting when she asked on twitter about the 9 hours makeup job on the body and she justified that he had gone through 2 autopsies, like they would cut the body in different places. Also it seems he was buried naked, because she had to apply makeup on the body (chest, legs and toes) to hide the autopsies marks.

There is also a problem with timeline, if she did it before the memorial, the coroners found a different body there and for the burial no one saw the body

Side note: she charged AEG with 11.500 dollars for 4 wigs, 3 for This Is It and one for the burial. Couldn't she use one of the 3 wigs for the This is It to dress a body no one would see?

About the records for the tour and new album. It seems that Michael always recorded vocals for any tour.

I have to confess that I have noticed, when he is dancing hard, during the shows some the vocals doesn't really match. I think he mixes live vocals with previous recorded vocals depending on the choreography.

Yeah, Michael was working in a new album, McClaim said Michael recorded 100 songs for it and left the files in McClaim studio. McClaim said Michael was using his studios even during This Is It rehearsals.

About Dileo:
Fairy wrote:

"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?

Dileo is a mystery for me, I was never sure if he is at Michael's side or if he was against Michael. Most of the time he sounds too greedy and not nice, so I haven't made my mind on him.

It seems the judge will allow to use the files the lawyer sent to the Jackson. We will see.
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PostSubject: Re: Opening Statements / Witnesses for KJ   17th September 2013, 6:05 pm

♛TeamMichaelJackson♛ ‏@TeamMichael777 3h

Randy Phillips video was playrd re Murray " We hired him" then emails discussed about the UPROAR it created at the head of AEG. HAHAHAHA

ABC7 Court News ‏@ABC7Courts

Katherine Jackson present in court wearing a white polka dot jacket. Rebbie is wearing a navy blue jacket.

Rebbie brought a Jehovah's Witness Bible with her. She was reading it before court began this morning.

Trell said he met with his attorneys last night and reviewed one doc -- Kenny Ortega's contract. "He had a written contract," Trell said

Hamlet trial… to have or not to have a contract…

"I remember the email dynamic. I'm not too proud to admit that I didn't recall the cover contract," Trell said.

Trell said he was changing his testimony from yesterday to add that Ortega had a written contract, not only emails between him and AEG.

Next topic was Insurance: Cancellation/Non-Appearance/Sickness. Trell said he started working on insurance for MJ tour in November of 2008.

Panish showed several chains of emails where the parties talked about the insurance for the tour.

Email from Bob Taylor to Trell on 1/7/09:
Quote :
prior to speaking w/ carriers we ask the artist to attend medical with a doctor... A full medical W/ both blood/urine tests. The doctor also want to review the medical records over the last 5 years to ensure full disclosure
Email on 3/20/09: Insurance broke to Gongaware:
Quote :

Insurers require further medical examination to be carried out by their nominated doctor. They may restrict illnes cover or death from illness cover until this examination has taken place."
Email from 4/30/09: Wooley to Trell
Quote :
"We have no coverage against MJ sickness unless and until MJ submits to another medical in London"
Email from 5/28/09: Trell to Taylor:
Quote :
"We really need to get that medical done
Email from 6/23/09: Trell to Taylor
Quote :
"Any update on the availability of Term insurance?" (life insurance)
Trell said if they secured life insurance, they would get money if MJ died. "We would get the money owed to us, yes," Trell testified.

Email from 6/24/09: Taylor to Trell
Quote :
Insurers have refused to move on this. Huge amount of speculation in the media regarding artist's health. they feel if they're to consider providing illness to cover this particular artist, they must have very through medical report
Email from 6/25/09: Gongaware to Taylor
Quote :

"If we don't get sickness coverage, we are dropping this policy"
Email from 6/25/09: Taylor to Gongaware
Quote :
The consultation in London is critical.The doctor is holding the afternoon of the 6th July open at Harley St. But keep in mind the visit could take 2 hours plus
Next topic: Budget/Costs. Panish showed an email from AEG's Rick Webking to MJ's Estate with 1st report of artist advances/expenses

This was a letter sent to the estate containing the expenses incurred, Trell said.

"It seems to me we submitted this report for their review, I don't see any request for payment," Trell said.

Trell said he spoke with Randy Phillips and Paul Gongaware about Michael Jackson's physical condition prior to coming to testify.

"I had heard about rehearsals in which Mr. Jackson was fantastic," Trell said.
Trell said he's aware of email from Ortega saying doctor was not allowing MJ to attend rehearsal on June 14, 2009.

"I was aware of MJ's doctor not allowing him to attend rehearsal," Trell said.

Email from 6/17/09 from Phillips
Quote :
...Ortega, Gongaware, Dileo, and his doctor Conrad from Vegas and I have an intervention with him to get him to focus and come to rehearsal"
Email from 6/17/09 from Gongaware to Phillip's assistant:
Quote :
"We need a physical therapist and a nutritionist"
Email from Production Manager - Gongaware/Phillips on 6/19/09 Paul/Randy
Quote :
I'm not bring a drama queen here. Kenny asked me to notify you both. MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet, be hurt. The company is rehearsing right now, but the DOUBT is pervasive.
Email from Randy Phillips to Tim Leiweke on 6/19/09
Quote :
"We have a huge problem here."
"I think he recognized there was a problem on the 19th," Trell said. "I would take it seriously, as I believe Mr. Phillips did."

Email from John Branca to Phillips, Gongaware, Joel Katz, Frank DiLeo, Michael Kane on 6/20/09
Quote :
"I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled) Do we know whether there is a substance issue involved (perhaps better discusses on the phone).
Trell said Mr. Phillips never told him about this email.

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

Email from Phillips to Gongaware on 6/20/09 at 1:52 am
Quote :
Tim and I are going to see him tomorrow, however, I'm not sure what the problem is... Chemical or Physiological?
From Gongaware to Phillips, on 6/20/09 at 5:59 am
Quote :
Take the doctor with you. Why wasn't he there last night?
From Phillips to Gongaware, on 6/20/09 at 2:01 pm
Quote :
He is not a psychiatrist so I'm not sure how effective he can be at this point obviously, getting him there is not the issue. It is much deeper.
Trell said Randy Phillips went to a handful of rehearsals, three at the Forum and two at Staples Center.
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PostSubject: Re: Opening Statements / Witnesses for KJ   1st October 2013, 6:32 pm

posted by Nimue on Tuesday, May 21st 2013 @ 7:39 PM


The head of the marketing department attended rehearsal on June 23, 2009. "She was blown away by it," Trell testified.

Trell said he never saw the emails from Phillips directing people to exclude images from TII of MJ looking "skeletal" while rehearsing.

"What were his observations of MJ's physical condition during rehearsal," Trell said. "I asked for his (Phillips) personal opinion."

Next line of questioning is about human resources and background checks. Trell said they can be valuable and useful tools when hiring.

Background check costs around $40 to $125. Trell said AEG Live could afford this fee.

"We don't do background checks on independent contractors," Trell said.

Trell said he was involved in the hiring by AEG Live for the TII tour. His department was responsible for retaining independent contractors

Trell said he is not familiar with background check process for hiring


Anna Marie Drago ‏@annamariex0 6m

Funny how the Jackson's are saying that AEG forced Michael Jackson to hire my uncle, Frank Dileo, which is a lie!!
I was at my uncles house when joe AND Katherine called my uncle begging him to come back and manage Michael!!
The Jackson's are fake people and everyone feeds into their bull*****t!!
Also if you don't know my Uncle DON'T talk *****! He was a great person and a great friend to Michael Jackson!!! I'm So sick of this *****!

Why would JOE call Dileo? Joe didn't like Dileo he wanted the position for Rowe.

Break another subject:


Stebbins Bina asked about the inclusion of Murray’s fee in the document. She said she wanted to show something Panish didn't.

Murray’s fee on the document had a footnote. Trell read what that footnote said, and explained why estate wasn’t asked for Murray’s fee.

“Contract is not signed by Michael Jackson and such signature was condition precedent to any payment obligation.” _ Footnote on Murray fee.

Stebbins Bina then showed a Sept. 2009 report of “This Is It” finances to Michael Jackson’s estate. Murray’s fee not listed in that document
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PostSubject: Re: Opening Statements / Witnesses for KJ   1st October 2013, 6:43 pm

posted by Nimue on Tuesday, May 21st 2013 @ 7:40 PM

After lunch break.. They eat a lot

ABC7 Court News ‏@ABC7Courts 1h

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

Trell agreed that no background check was done on anyone working on "This Is It" tour.

Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.

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

Panish: you don't do anything to check into background, supervise or protect the artist?

Trell: No, safety is a concern

"When they leave the environment, what they do on their own time is their own business," Trell said.

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

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

"It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract.

"If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained

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

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

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

Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:

Subject: Revised agreement with GCA Holdings/Dr. Murray It had two attachments

Attachments: Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09 Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09
Email chain from 6/23/09, 5:39pm from Jorrie to Wooley,

Murray Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray

I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie.

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

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

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

On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray.

"I don't know what you mean about admitted, he made that statement," Trell said.

Panish said AEG higher-ups became concerned after Phillips made such admission. Trell said he didn't know if that was true.

Bruce Black is the General Counsel for parent company of AEG and AEG Live. Michael Roth is AEG's media relations.

Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:

Subject: AEG Live president says AEG Live hired Dr. Conrad Murray
Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it.

Hummm… one of witness is from Lloyds..

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

Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance.

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

Something else will show up… weird question

Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010.

Trell told the police that day that Dr. Murray would receive $150,000 compensation per month.

Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse.

Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right? Trell: Yes

Panish: Was Dr. Murray trying to help AEG get insurance? Trell: The policy was in both names, so he was helping both parties.

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

Wasn’t Hawk a lawyer for AEG?

Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?

Trell: Well, my understanding at the time there were a couple of people acting in that capacity.

Email on 6/2/09 from Randy Phillips to Jeff Wald:

"Jeff, remember getting MJ to focus is not the easiest thing in the world"
...and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!

Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray.

Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray.

"I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said.

"He was a significant expense," Trell testified about Dr. Murray.

Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license.

Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009.

Email on 6/20/09 Phillips to Ortega

Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians. I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.

He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it

ABC7 Court News ‏@ABC7Courts


Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ
This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical.

Wait a minute. Wasn't Jun 20 the day Ortega and Phillips were at Michael's house (Riot Act)? Were they at the living room sending emails to each other?

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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 2:38 pm

posted by Nimue on Wednesday, May 22nd 2013 @ 3:27 AM

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

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

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

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

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

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

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

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

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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 2:49 pm

posted by Nimue on Wednesday, May 22nd 2013 @ 6:30 PM
post approved by nobody
Sweet controversy at Michael Jackson death trial

Every issue in the Michael Jackson wrongful death trial is so disputed that even giving candy to jurors caused an argument.

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

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

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

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


I think today they cameback to court only for the candies, almost nothing to report...

Katherine enters in an orchid colored jacket... cotton piqué according to sketch artist Mona Edwards, a former fashion illustrator.

Before we detail everything that happened in court today, we'll describe the events that happened late afternoon when Trell testified

He started out by asking Trell if he was certain that Jackson signed the "This Is It" agreement on Jan. 26, 2009, as he'd testified.

Trell said he was certain he'd testified correctly about the events of the day, but conceded toward the end of several questions that he might have been wrong about the exact date. That's when plaintiff's attorney Brian Panish showed the emails.

Jackson's attorney showed emails between attorneys high-up within AEG and AEG Live referring to Michael Jackson as "freak" and "creepy".

This email exchange happened hours before Shawn Trell went to MJ's house to sign the contract on January 28, 2009,

"Does this mean you get to meet the freak?" Ted Fikre, AEG's general counsel wrote to Shawn Trell.

Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?"

Panish: "Did your mom ever tell you that if you don’t have nothing nice to say, don’t say anything at all?" AEG objected to the question.

Some of the jurors laughed. Judge sustained the objection that Panish's question was argumentative.

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

Jackson's attorney Brian Panish had this reaction outside court: "This exemplifies AEG had no respect for Mr. Jackson. All he was to them was a vehicle to make money. We're going to continue to prove that for members of the board and attorneys to refer to him as that is ...we're going continue to show and prove what AEG is all about. This was just the tip of the iceberg."

Jackson's fans said they were "outraged" at AEG's treatment of Michael. They were crying in the hallway and said animals are treated better.

AEG's attorney, Marvin Putnam, said that he's waiting for actual evidence in the case to be presented and this was just personal attacks.

Watch @ABC7 Eyewitness News tonight at 11pm PT to see the emails and all the details about the story and http://www.abc7.com

Other than the emails Panish showed at the end of the day, much of the testimony today was dry -- centering on contracts and payments.

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

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

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

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

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

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

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

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

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

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

Live Nation is the chief rival of AEG Live.

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

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

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

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

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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 2:59 pm

posted by Nimue on Thursday, May 23rd 2013 @ 3:32 AM

Something else showed up, ABC came back later with more info, very weird:

ABC7 Court News ‏@ABC7Courts 9h

Watch @ABC7 Eyewitness News tonight at 11pm PT to see the emails and all the details about the story and http://www.abc7.com

Two hours later…

Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties.

Compensation is detailed in contract. There was a condition precedent. Trell refers to cancellation insurance in tour agreement.

Trell: while this agreement started in January, the conditions/terms not met. If Tohme would've performed as specified, would've been paid.

Trell: To pursue Jackson's interest films, AEG would put up a million dollars for development. They contemplated making 3 films.

A million? This is change for Michael. His short film videos cost way much more than “a million”

Trell said it's always the artists obligation to obtain this form of insurance to pay back the advances.

Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs.

Trell: AEG had obligation regarding advances. We don't secure insurance to cover profits, only to protect losses from cancellation.

Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy.

Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer

Bina: Did you have a problem with the cost of doctor? Trell: I thought in LA there are world renown doctors, questioned the expense

Trell says that he received report from insurance broker about the exam. "Other than a case of hay fever, Jackson passed in flying colors."

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

So they don’t get insurance for most of the artist today…

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

Bina: We're you ever able to get more insurance coverage? Trell: No, because concerns over what marketplace saw in media reports.

List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections.

Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.

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

"Independent contractors have area of expertise needed to make the project happen" Trell said. It's expertise not within the company itself.

Trell: We hire third parties for equipment, sound. They're usually referred to us or they are known to the artist.

Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office.

Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business.

Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist's entourage)

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

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

Trell said insurance was required based on the contract.

Trell said they produced Prince's tour a few years ago, which was analogous to the "This Is It" tour.

Email on 5/21/09 from Wooley to Dr. Murray:

Dear Conrad, I should like to send a contract to you in the next day or two
But am looking for help writing the legal department because the form within which I work

don't apply to your specialized position. So it has to be custom-generated.
5/28/09, Wooley to Dr. Murray He said the legal department has not yet completed the agreement which is rather specialized, rare event

Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray's contract.

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

6/15/09 Jorrie wrote to Wooley:

I've attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray
Contract: Provision 9 Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist.

Contract: Without the artist's expressed and written approval of the agreement neither party to the agreement will have any rights

Contract: obligations to one another arising from the agreement. Trell testified this was the first contract he saw this provision included

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

Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein

Contract: on behalf of an at the expense of the undersigned: Michael Jackson

"My understanding is that he was going to be categorized as artist advance," Trell explained.

"This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show," Trell said

Trell said there's a final settling of the tour after the project is completed. That's where they categorize/re-categorize things.

Trell said he doesn't do the final settlement himself, but people who do ask him questions about how it should be done.

"My understating he was an Artist Advance," Trell said. MJ's company was responsible for both artist and production advances.

"I'm not aware of MJ making objections to this provision," Trell said. Bina showed Dr. Murray's last page of the contract signed by Murray

The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray's employer.

"The intention was to make it (provision 9) expressly subject to have Michael's signature on it," Trell explained.

Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist.

Contract Scope of Services: Dr. Murray will provide general medical care to the Artist...

Contract: Such services will be administered professionally and w/ the greatest degree of care expected from members in the medical field.

Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray

I've attached hereto a revised version of your agreement which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions.
Redline: It changed the scope of services from producer to artist in the sentence: "Dr. Murray shall also provide such other services

Contract: as are reasonably requested by Artist from time to time during the term hereof. "It was requested by Dr. Murray," Trell said

Responsibilities of GCA/Dr. Murray 4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law

Contract: or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services

Contract: and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom.

Contract: Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required

Contract: for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement.

Contract: Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine

Contract: in the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer.

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

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

Email on 6/20/09 from Ortega to Phillips:

Finally, it's important for everyone to know, I believe that he really wants this... it would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:09 pm

posted by Nimue on Thursday, May 23rd 2013 @ 3:35 AM


ABC7 Court News ‏@ABC7Courts

Email cont'd:

He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart. He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs.

Another problem with timeline, on Jun 20 they met with Michael and Murray, on Jun 20 they exchanged mails saying Michael is great and in the same day emails saying Michael needed help… all in only one day. Were they exchanging emails at Michael’s living room?

Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09

"Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on," Trell said.

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

"My understanding there were two meetings in which Dr. Murray attended and MJ was present," Trell said.

He knew one on June 20th, and another one in the beginning of June, but he didn't know the date

Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. "Firstly, Michael indicated he was fine, just fine," Trell Said

Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine.

There were no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th.

So if there was no rehearsals on Jun 22, how could Michael missed as was said before?

"He appeared fine and the rehearsals were terrific," Trell said he was told.

On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo.

Trell said that MJ's Estate ultimately approved the productions advances incurred in the tour.

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

Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant? Trell: I don't recall

Trell said he was very, very involved in the "This Is It" tour.

January 26, 2009 was the first and only time Trell met with Michael Jackson. "I'm sure it was the only time I met MJ."

"I won't forget meeting Michael Jackson," Trell said.

"He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door," Trell explained.

Is that creepy???

Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist.

"I think people have their own impressions, and thoughts and feelings about Michael Jackson," Trell explained.

"I may not necessarily agreed with some of the life choices he made," he said, adding "I won't forget meeting him that day."

Email on 1/28/09 from Gongaware to Phillips:

MJ still on today, right?
Panish noted the contract signing was on the 28th and not 26th as Trell referred to.

Panish: You were wrong about that, sir? Trell: I was wrong about the signing date

"I didn't have the date necessarily in my calendar, I didn't have the date in front of me," Trell explained.

"I don't believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26," Trell said.

From Phillips to Gongaware, cc'd Trell:

5pm at 100 Carolwood Drive. You and Shaw should be there
From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI...

From Fikre to Trell on 1/28/09, in response, three minutes later

Does this mean you get to meet the freak?
Fikre is the general counsel for AEG, Panish said.

Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak? Trell: you have to ask Mr. Fikre

From Trell to Fikre on 1/28/09 Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.

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

Shawn Trell will resume testimony tomorrow at 9:30 am PT. Paul Gongaware will follow as soon as Trell is done.

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

There were no rehearsals on 21st and 22nd, Trell said
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:13 pm

Update part 1

ABC7 Court News ‏@ABC7Courts

Katherine Jackson and daughter Rebbie are present in the courtroom. Brian Panish continues examination of AEG VP/General Counsel Shawn Trell

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

"I approximate the number of tours I've been involved in to be about 100," Trell testified.

Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ).

"We promoted and produced Prince's 88 tour," Trell said. Panish: Is that a yes, one time you did promote/produce a tour? Trell: Yes

Panish said Prince's tour did not go well. "I wouldn't agree with that statement," Trell said. "I've never spoken to Prince, ever."

Trell said AEG never hired physicians for tours before.

Trell said he didn't know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray's contract.

AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.

"I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour," Trell explained.

"We weren't aware of a conflict of interest," Trell said.

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

Panish: You, AEG Live, could've said you should hire your own doctor with your own money, right? Trell: Yes

As to Dr. Murray's contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ.

"I believe there were three or four drafts," Trell explained.

Panish: Did Dr. Murray sign and fax back the contracts? Trell: Yes, he did.

As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them.

Panish: How many shows were in the tour? Trell: In the tour agreement, 31.

Panish: But you sold tickets for 50 shows? Trell: The agreement contemplated in excess of 31, based on artist's approval.

Trell said he didn't have written approval from MJ for 50 shows. "But you wanted to get fully executed contracts right sir?" Panish inquired

Trell said he never reviewed any of the drafts of Dr. Murray's contract because Jorrie was handling the negotiation.

Trell explained that before AEG were to sign the final version, though, he would've reviewed everything to make sure there were no mistakes.

Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone

"I'm aware he had spoken with him, but didn't know the length of the calls," Trell said.

Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one.

Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation

Panish: About their physical conditions? Trell: I don't know that. I think it would depend on the nature and substance of the conversation.

If they are talking about generalities, Trell said he doesn't think there's need for an authorization that Panish was talking about.

Panish: Are you familiar with HIPPA? Trell: I'm generally familiar with it, but don't know what the acronym means.

Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient's condition, sir? Trell: Yes

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

Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray's salary and what's expected of him.

Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient?

Trell: I don't know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.

As to independent contractors, Trell said the indemnity provision is always included in the agreements.

Panish: That's because it's your job to protect the financial interested of the company, rights? Trell: It's part of my responsibility, yes

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

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

Trell said AEG had a management agreement with Dr. Tohme, a management agreement.

"It was an agreement between us and Tohme regarding the service he would render on the tour," Trell said.

"It was a fee for whatever services MJ wanted him to perform according to the agreement," Trell explained.

Panish asked if Dr. Tohme was an employee of AEG. Trell: He was not an employee

Panish: Is he an independent contractor? Trell: He's a party to an agreement

Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors

"It's hard for me to describe, he was not an employee, and not independent contractor either," Trell.

Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme.

Jorrie questioned if he was the "real McCoy", meaning the real deal, and recommended a background check to be performed.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:19 pm

posted by Nimue on Thursday, May 23rd 2013 @ 7:03 PM

update 2

ABC7 Court News ‏@ABC7Courts

Did you perform background check on Dr. Tohme? Trell: No

Trell said there was no reason to believe Dr. Tohme wasn't telling the truth when he said he represented Michael Jackson.

Trell said he saw Dr. Tohme call MJ numerous times about the tour. Trell: I don't know what she meant with the reference to "real McCoy".

Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker):

Kenny Ortega has responsibility only for the show content and structure

Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule.

 Looks like there might have been an issue in KO either not being demanding enough.
"Timm Wooley's statement is inaccurate, in my opinion," Trell said, but agreed he never spoke with Wooley about it, never saw it before.

"Meaning MJ showed up whenever MJ wanted to," Trell opined.

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

Trell doesn't know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets

Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.

Panish asked Trell if he knew Randy Phillips threatened to take away Michael's house if he didn't perform.

Defendant's attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.

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

Email from Ortega to Phillips on 6/20/09 at 2am:

My concern is now that we have brought the doctor in the fold and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.
Panish: Was MJ pressured psychological and needed to be checked? Trell: I don't know that.

This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away.

"I don't know why Kenny was referencing that, I don't know about mention of ending the tour," Trell said.

Panish: Was Mr. Jackson feeling pressured? Trell: The email says he was frightened, it doesn't say he was feeling pressured.

"I have no idea what he felt," Trell said. Panish: No one ever pressured him, right? Trell: That's my impression.

Trell said he doesn't think AEG was under pressure to lose $34 million. "It was Michael Jackson's obligation to us."

Panish: Were you concerned? Trell: There's always a concern Panish: Have you ever lost $34 million before? Trell: No

The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist's approval.

Katherine Jackson exited the courtroom in tears. She became emotional when Panish asked if MJ was being pressured.

Rebbie exited hugging Mrs. Jackson in the hallway. Katherine was crying, took off her glasses, wiped his eyes.

We're now at lunch break, which is almost over. Trell resumed on the stand shortly.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:28 pm

posted by Nimue on Thursday, May 23rd 2013 @ 7:06 PM

Update part 3

Before jury entered, Judge Palazuelos said she wanted to address defendant's inquire that's plaintiff is taking too long examining Trell

Judge said defendants chose Trell as person most qualified to speak on behalf of the company in 24 areas, so it takes time.

Katherine Jackson didn't return in the afternoon. Only Rebbie was present. We were told Mrs. Jackson is too upset.

Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract.

"There are employees that are hired by AEG who don't have contracts; they are at will employees," Trell explained.

Panish asked Trell about several people who worked for AEG but didn't have fully executed contracts.

Panish: You told us every person who got paid had fully executed contract, right? Trell: That's my impression

Panish said he wants to show all the unexecuted contracts as June 25, 2009. Michael Bearden Alfred Dunbar Orianthis Panagaris

Email said:

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

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

My laymen's degree tells me he needs a shrink to get him mentally prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available)

Kobe??? Where did I heard this before?


I have watched him deteriorated in front of my eyes over the last 8 weeks.He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried it now."
John Houghdahl was the stage manager of "This Is It" tour.

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

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

Email on 5/26/09 from Timm Wooley to Brigitte Segal:

Brigitte, Any joy with an agreement for Murray to sign. He's pinging on us for payment
but we can't without a contract in place. Would like to stall him with something for him to look at & mull over.
Brigitte dealt with the housing in London. "No, we did not have sickness insurance coverage that day," Trell said.

"The insurance would be one way MJ's company would repay us," Trell explained. Panish said there's a lawsuit pending regarding the insurance

AEG is no longer a party in the insurance last, Panish said

Trell: We were dismissed from the case because we don't have a financial interest.


Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows? Trell: Yes, we have the verbal approval

Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.

Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million? Trell: No

On April 14, 2009, Michael Jackson wrote a "Notice of Revocation of a Power of Attorney" that Tohme was no longer representing him.

As of May 5, 2009, Trell was made aware of MJ's request regarding Dr. Tohme, Panish said.

"We would not pay on an agreement until there was a fully executed agreement," Trell said.

Tohme signed a letter on 6/28/09 on behalf of MJ's company approving the expenses of $34 million to go to Jackson's estate.

So it was Tohme who paid AEG, nor MJ Estate. How could Tohme pay AEG after the letter of Revocation..

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

Jessica Bina did re-cross of Trell, who said Dr. Murray's agreement required medical licenses both here in the US and in the UK.

He also needed proof of insurance, Trell said. If Dr. Murray didn't provide them, there were grounds for termination of services.

Bina: Did AEG Live ever provided him with medical equipments? Trell: No. Two reasons: the agreement never went into the effect

And had it come to existence, Trell said, the equipment would've been provided in London.

Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary 4 the Services

Trell said Bearden's contract was eventually fully executed. It was under negotiation when MJ died.

So Bearden was working without contract.

No contract needed MJ's consent and signature, except for Dr. Murray, Trell testified.

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

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

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

Trell said there were dozens and dozens, North of 50 contracts done in "This Is It" tour.

Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:35 pm

posted by Nimue on Thursday, May 23rd 2013 @ 7:08 PM

ABC7 Court News ‏@ABC7Courts

Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone's signature.

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

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

Trell said DiLeo was acting in some management capacity for MJ.

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

As to Dr, Murray, Trell said he didn't feel there was a conflict of interest, the interest of all three parties involved were the same.
"There were no inconsistencies in the agenda," Trell said.

"Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money," Trell said.

"We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful," Trell testified.

"The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it," Trell testified.

Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn't take interest in his music catalogue

Bina played deposition from Trell were he said he didn't supervise people who performed personal services, like hair and make-up artists.

So Karen was like Murray, independent contractor?

His job, Trell explained, was to supervise the what-you-see-on-stage.

Bina talked about Hougdahl's email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no.

The email, Trell said, had to do with MJ being mentally prepared and about a trainer to get him in shape.

Trell said HIPPA law is an intent to protect a patient. He doesn't have any more knowledge about it.

Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray? Trell: No, not at all

Bina: Did Mr. Jackson to your knowledge died from being too skinny? Trell: No

Bina: Did Mr. Jackson died from being sick? Trell: No

Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.

Bina: What was MJ's cause if death? Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ's bedroom.

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

"I don't recall me being involved in approving such payment," Trell testified. Panish showed emails regarding DiLeo's revised payment

10/13/09 from Shawn Trell to Rick Webking: Approved $5 MM bucket

$50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket.

"That does not mean Frank was paid $5 million," Trell said, explaining DiLeo was paid $50,000 but he didn't know what for.

Regarding the approval of TII tour expenses: Panish: You had no signature before Mr. Jackson was dead? Trell: Correct

Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no? Trell: Yes

Trell said Dr. Murray's expenses were included in the expenses DiLeo and Tohme approved.

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

"Of course Michale Jackson was necessary for a MJ tour," Trell explained. "It's his show, it's MJ show, he's the most important person."

Trell said he doesn't recall anybody else, other than Dr. Murray, at the rate of $150,000.

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

Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning.

There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:37 pm

posted by Nimue on Tuesday, May 28th 2013 @ 4:34 AM

Elvis' connection to Michael Jackson's death enters trial

Los Angeles (CNN) -- AEG Live co-CEO Paul Gongaware, whose career as a concert promoter started with Elvis Presley's last tours, testifies Tuesday about Michael Jackson's final days.

Gongaware, who was one of the top producers of Jackson's comeback concerts, takes the stand as the Michael Jackson wrongful death trial enters its fifth week in a Los Angeles courtroom.

Jackson's mother and children are suing AEG Live for liability in the pop icon's death, accusing the concert promoter of negligently hiring, retaining or supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter.

AEG lawyers contend that Michael Jackson chose, hired and supervised Murray and that his bad decisions were fueled by a drug addiction their executives had no way of knowing about.

The Elvis connection

Elvis' name is expected to come up as Jackson's lawyers question Gongaware about his knowledge of drug use during concert tours. He should have been able to recognize red flags warning about Jackson's drug use because of his experience with Presley and his time as Jackson's tour manager in the 1990s, they contend.

When Gongaware was managing Jackson's 1993 tour he warned the tour doctor "Don't be a Dr. Nick" -- a reference to Elvis Presley's last physician -- the doctor testified in a deposition.

"Dr. Nick was the doctor whose overprescription of drugs to Elvis had led to Elvis' death," according to a court filing by lawyers for the Jackson family.

Presley collapsed in the bathroom of his Memphis, Tennessee, mansion -- Graceland -- on August 16, 1977, at the age of 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that abuse of prescription drugs caused the problem.

"Dr. Nick" -- Dr. George Nichopoulos -- said later he was treating Presley for insomnia. He was charged with over-prescribing drugs to Presley, but he was acquitted. He later lost his medical license in another case.

Jackson died on June 25, 2009, at the age of 50. The coroner ruled his death was caused by a fatal combination of sedatives and the surgical anesthetic propofol. Murray told investigators he gave Jackson nightly infusions of propofol to treat his insomnia. He was convicted of involuntary manslaughter, sentenced to four years in prison and stripped of his medical license.

The Jackson lawyers are using Gongaware's Elvis and "Dr. Nick" reference to argue that "AEG knew Jackson had suffered chronic substance abuse and drug dependency problems for many years."

"Shortly after he joined the 'Dangerous' tour in 1993, Dr. Finkelstein was asked to treat Jackson for pain," the Jackson filing said, referring to Dr. Stuart Finkelstein, a doctor on the 1993 tour.

"Having observed signs of opiate addiction in Jackson, Dr. Finkelstein nonetheless administered Demerol by injection, and administered morphine intravenously in Jackson's Bangkok hotel room for 24 hours."

After that, Finkelstein told Gongaware "he thought Jackson had an opiate dependency problem," the filing said.

"For three and a half months, the 'Dangerous' tour continued," it said. "Another doctor attended Jackson regularly, on one occasion breaking into Dr. Finkelstein's bag to get opiates to administer to Jackson. Gongaware was there the whole time, in charge of tour logistics, aware of the various physicians present, and he discussed with Dr. Finkelstein Jackson's opiate problem."

When Gongaware warned Dr. Finkelstein, who the brief described as his "close friend," not to become Jackson's "Dr. Nick," he was "warning me, you know, don't get all infatuated where you start administering meds to a rock star and have the rock star overdose and die on you," Dr. Finkelstein testified.

more at:


Just one thing, propofol is not an opiate
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:46 pm

posted by Nimue on Tuesday, May 28th 2013 @ 5:55 PM

Update: Gongo testimony (two different sources, so it might have double information, I am too tired to edit)

Part 1

ABC7 Court News ‏@ABC7Courts 55m

Before testimony began, a little spectacle outside the courthouse with a plane towing a banner saying "MJ Eyewitness Fans -- Testify for MJ"

Katherine Jackson is accompanied by several of her children today: Janet, Rebbie and Randy. Only 1 was allowed to stay, and Janet was chosen
Defendants attorney told the judge they would like to limit the number of family member in the courtroom, since they are potential witnesses

Paul Gongaware is one of the defendants in the case. He's an adverse witness called by the plaintiffs.

Gongaware is Co-CEO of Concerts West, part of AEG Live. He produced Prince's tour in 2004. He has not promoted/produced tours since.

Gongaware has not talked to Prince after the tour.

Gongaware was a CPA licensed in NY and Washington. He said he believes he's still licensed but hasn't checked status since there's no need

Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s

Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes.

Gongaware replied to a condolences' email on July 5, 2009:

 "I was working on the Elvis tour when he died, so I kind of knew what to expect."
What kind of reply is that?
So Gongo was working with Elvis and Elvis "died". Gongo was working with Michael and Michael "dies". Black Widow?
By the way Michael Jackson Black Widow song can be heard here at the forum at mp3 gallery..
Gongaware testified he worked with another artist who had drug problems: Rick James.
And Rick James died at 2004...

Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5,

Gongaware said had no interaction w/ MJ

Gongaware worked on MJ's Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn't know.

When Gongaware met Jackson was with Colonel Parker (Elvis' manager) in Las Vegas. MJ wanted to meet the Colonel.

For Presley's funeral, mourners recall being surprised at Colonel wearing a Hawaiian shirt and baseball cap and smoking his trademark cigar and purposely avoiding the casket

Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ's History tour, various legs, job

Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour

Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour.

Gongaware told LAPD he was aware of Jackson's previous use of pills/painkillers but did not want to get involved.

Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems w/ painkillers before the end of Dangerous tour ended.

Dr. Finkelstein: Sally! You came back (quotes)
Dr. Finkelstein: That's twice this month you've slipped deadly nightshade into my tea and run off.
O Estranho Mundo de Jack (1993) Dr. Finkelstein

Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain

Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn't know specifics of the doctor's depo

Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery.

Gongaware said he didn't recall how many times he met with his lawyers after his deposition, but it was more than 10, less than 20.

In Gongaware's video depo: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn't take about that stuff

Another part of Gongaware's video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour.

Panish: Were you always honest with MJ? Gongaware: I believe I was

Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn't try to trick Michael

Lunch break is almost over. More to come soon.

On the Bad Tour MJ sold out 10 stadiums at 75,000 tickets per night. Panish: That's a pretty big number? Gongaware: Huge

Panish: In 2 hours, how many tickets sold? Gongaware: In initial presale we sold 31 shows P: The fastest you had ever seen? G: Yes

"No one knows how many shows we can get with Mikey," said Gongaware. Panish asked about name "Mikey" - he said he used it occasionally

Email on 2/27/09 from Gongaware to Phillips:

We are holding all of the risk, if MJ won't t approve it we go without his approval. We let Mikey know just what it will cost him in terms of him making money, and the we go with or without him in London.We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants.
"People were aware at this point there would be a press conference. MJ wouldn't show up at the conference, it'd cost money," Gongaware said
"It wasn't much risk at all, we hadn't spent money," Gongaware said about that point of the tour.

This was prior to news conference.

Gongaware said the situation in London, where they constantly referred to MJ as "***** *****", it would impact marketability to sell tickets

"He doesn't want to do this kind of things, but it was important to show MJ to the world if he wanted to do a MJ show," Gongaware explained.

Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ's calendar.


"don't want the shows to stand out do much when MJ looks at it. Figure out so it looks like he's not working so much.
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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 3:58 pm

posted by Nimue on Tuesday, May 28th 2013 @ 6:03 PM

Part 2

Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard? Gongaware: Yes

Panish: Were you trying to fool him? Gongaware: Nah, I wasn't trying to fool him, I wanted to present it in the best possible light

Gongaware said it would be obvious when MJ would be working and not and he wasn't trying to trick him.

Email on 3/25/09 from Phillips to Gongaware:

"We need to pull the plug now. I will explain."
Panish: Mr. Phillips wanted to pull the plug on the show, right sir? Gongaware: I think he was referring to pull the plug on Karen Faye

"We never talked about pulling the plug on MJ tour. Not that I recall," Gongaware testified.

"Kenny wanted the pull because the way she (Faye) handled the situations," Gongaware explained.

"She tried to control access to MJ and Kenny didn't like that," Gongaware said.

Panish: Who was Mr. Ortega's contract with, sir? Gongaware: I don't recall

Karen Faye expressed strong opinion that the toureas dangerous and impractical for MJ.

Panish asked about a chain of emails where Gongaware said the pulling the plug refers to Ms. Faye.

"I believe he was," Gongaware repeated.

Email on 3/25/09 from Gongaware to Phillips:

It's her (Faye) strong opinion this is dangerous/impractical w/ MJ's health/ability to perform
Response from Gongaware to Phillips:

Not sure what to send back...
Randy responded:

"We need to pull the plug now. I will explain."
Gongaware said in depo he had no idea what Phillips meant. He said he didn't recall Phillips saying they needed to pull the plug on the tour

"I thought he was in good shape at the press conference, I was there," Gongaware said at the deposition.

Gongaware was at O2 arena and Phillips was with MJ. "MJ was late, Randy was saying I'm trying to get him going, I'm trying to get him going"

Panish: Did Randy tell you MJ was drunk and despondent? G: No, not drunk and despondent. Just said he was having hard time getting him going

As to Dr. Conrad Murray, Gongaware said there was 1 rehearsal he said hello to him. "It was basically a hello, on the floor at the Forum."

It was said Murray was only at one rehearsal, at Staples, now there is one at the Forum and for LAPD Murray never was at any rehearsal.

Panish: Is Mr. Phillips a good friend of your? Gongaware: I work with him

Panish played interview of Phillips to SkyTV after MJ died: The guy is willing 2 leave his practice for large sum of money, so we hired him

"I was told Michael wanted him as his doctor for the show," Gongaware said. Gongaware said MJ did not have any illness that he knew of.

Gongaware: He had taken a physical, he passed the physical and from what I understand there was nothing wrong w/ him. Maybe some hay fever

Panish: Do you know what his blood test showed? Gongaware: It showed it was good?!

Gongaware said he received email from Bob Taylor that everything was fine and that MJ had passed the physical.

Gongaware said he never saw the results of the tests and doesn't know who saw them.

Panish: First you said how much did you want? (to Dr. Murray) Gongaware: Yes Panish: He said he wanted $5 million, right?

Gongaware: That's what he said. He said he had four clinics he would have to close, he would have to lay people off.

"MJ insisted on him, recommended him, and that was good enough for me, it was not for me to tell MJ who his doctor should be" Gongaware said

When Panish asked if MJ would get anything he wanted, Gongaware said he tried to make sure he (MJ) had what he needed to do his job.

Gongaware said he could've told MJ to hire the doctor himself. "He wanted a doctor and I wanted him to be healthy for this tour"

Dr. Murray said he wanted more money, but Gongaware testified he told him the offer came directly from the artist and Dr. Murray accepted it

"I think he was willing to accept anything that MJ offered," Gongaware opined.

"We agreed on what the compensation was going to be, but there were a lot of issues to be resolved," Gongaware said.

Gongaware said he recalled meeting with Dr. Murray where he was told the doctor was going to take care of the medical licensing in London.

Gongaware and Timm Wooley are longtime friends. They are currently working on The Stones tour.
Gongaware said he negotiated the price for Dr. Murray, but didn't negotiate the contract.
Panish showed video deposition of Gongaware and a declaration he signed about a month before giving the depo. They contradict themselves.

Gongaware told the jury he called Dr. Finkelstein to ask what a fair price for a tour doctor would be. Doc told him it was $10,000/week.

As to Dr. Finkelstein wanting to be the tour doctor, Gongaware said he didn't recall specifically, but knew he wanted it.

"After his death we hay have talked, but I don't recall specifics," Gongaware said.

Gongaware said he sees Dr. Finkelstein a few times a year, but MJ's subject never came up.

Gongaware told nanny Grace Rwamba that her serviced would not be needed anymore because AEG was cutting down on MJ's expenses.

But another nanny was hired…

Gongaware said that if tour went forward, Dr. Murray would've made $1.5 million for 10 months.

Ortega would've made almost that.

As to the June meeting, Gongaware said Michael Jackson was a little off. "He was just coming back from visiting Dr. Klein," Gongaware said.

"I believe he was under the influence of something," Gongaware said. Meeting was about Michael and what he needed for the tour.

Judge Yvette Palazuelos adjourned session for the day. Trial resumes tomorrow at 9:45 am PT with
Gongaware on the stand. See you then!

Now I will post the part from another source

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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 4:05 pm

posted by Nimue on Tuesday, May 28th 2013 @ 6:14 PM

Part 3

♛TeamMichaelJackson♛ ‏@TeamMichael777 20m

We were talking bout emails you said Mt Phillips pulling the plug referred to Karen Faye? I believe so

Kenny told me he didn't like Karen Faye there because she restricted access to Michael Jackson

Did you remember that now and not at your depositions

Lets play your depo, lets see what you said about your ability to testify truthfully under oath..

" are you sick, there is no problem with your memory?" Yes, I'm fine. Let's see what you testified to then about these emails

Plays video: looks to me we first have email from KO 2 u & Bugdy? Yes. KO starts out, I received few calls frm Bugsy, have lots to share

Appears you forwarded that to RP, not sure what to say .... What did you mean by that? Don't know

Randy Phillips replied " we need to pull the plug" what did he mean? I don't know. Did you have convo with RP? Don't know


Did you get call bout MJ at press conference? What do you mean. Well MJ wasn't well? He was in fab shape I was in London

MJ was unwell dont you recall? Yes MJ had probs getting going. Did you know MJ was drunk? He was not,


Do you who Dr Murray was? Yes, I said hello to him once, just a hello at Forum, don't recall if he replied

Were you at rehearsals? Not very much I was busy

You were asked to hire CM Michael asked me to get him for him. So you hired CM? I didn't hire him

Why do you keep looking over at your attorneys? There is a screen in the way. Do you want us to move it? No it's ok

Is this Randy Phillips the CEO? Yes. He's standing in front of the AEG sign, it that your building? Yes

This is interview on July 5th 09. Before any lawsuit, he's your boss? Yes CM wanted $5mill, &u called him?

Michael asked me to call him. DID you call him, yes or no? Yes. Did you know he was a physician, MJ asked me to get him

What ailments did MJ have for a physician? Nothing, he passed a medical. What test did they do? I don't know

You started talking to Conrad Murray b4 the medical? Yes. Did ANYONE See that report? No.

Anyone? No

Did you know what Dr Murray's speciality was? No. Why didnt MJ's manager call him? MJ wanted me to call

Did CM have any clinic? Yes, in Vegas, San Diego,Houston, and one other. Did you ever check up on that? No

PG: Michael Jackson wanted him. Panish:When CM said he wanted &5mil you hung up on him?

That's not true

Panish: you said to Murray I am authorized to offer you $150,000 pm. He wanted more but you cut him off? Yes

Didn't that concern you? No. It went from $5mill to $150,000 done deal and it didnt concern you? Well we had others 2 sort out

Did you ask CM if he was licensed to work in London? He said he would take care of it. Murray told you many times he would take care of it..
,,including MJ's health? No. Lets play your depo. In depo Gongaware says CM DID say "don't worry about it"

Did CM tell you he needed equipment? Yes, for London. Did YOU ask CM if he needed anything? No, he said he would need+assistant

Do you know Mr Woolley? Yes. Is he a good friend of yours? Yes. You are working together righ now on RS? Yes

Did you negotiate a price for Conrad Murray? Yes. You testified under oath about the negotiations? Yes

Plays depo. "Did you negotiate price with Conrad Murray? NO. Sir you did negotiate or didn't? Well seems I didn't

Did you negotiate a price for Conrad Murray? Yes. "Did you negotiate price with Conrad Murray? NO.

Do you know what it means to be under oath????? Yes. Why don't you read that. PG reads.... I swear under penalty of perjury.....

I declare under penalty Of perjury the foregoing, I swear to tell the truth the whole truth.. What does that mean.

WERE YOU TELLING THE TRUTH THEN OR NOW?????? I think I misunderstood the question,,

"I misunderstood the question" TRANSLATION: I FORGOT THE SCRIPT

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PostSubject: Re: Opening Statements / Witnesses for KJ   5th October 2013, 4:12 pm

posted by Nimue on Tuesday, May 28th 2013 @ 6:25 PM

Part 4:

♛TeamMichaelJackson♛ ‏@TeamMichael777

Can you read. " I , I, I under penalty of perjury, " I of AEG took part in negotiating the pay for Dr Murray

Between the first call re:$5mill & $150.00 you called another Dr didn't you? Yes. Your friend? Yes

Did you call him once or twice? Once. Didn't you call him twice? I don't think so... Play depo. Sir did you Have one convo or two? I only remember one. DEPO PLAYS: says "I only made one phone call.

If Finklestein says it was 5/6 times..

Did you refer to Finklestein as "Stewy"? Yes. Is there any reason Dr Finklestein would lie? I have no idea

Were you calling Conrad Murray in your capacity as producer of the show? No. Are you sure sir? Yes

Plays Depo: at the time you made first call to Murray, what was your role? A was putting together the show. So you were producer? Yes

Then you called Dr Finklestein? Yes. Did And Dr Finklestein said a fair price for MJ would be $40,000pm? Yes

Did you ask him to work for MJ? No. Are you certain? He would've liked to but I did nt offer him the job

What did u do with the price4Dr Ficklestein? Nothing. Just like the changes in ur depo, you kept all the changes in ur head. Laughter court

Panish: did Fiklestein ask u if MJ was clean? I don't recall that. Did Ficklestein say he wouldn't take job if MJ was nt clean? Don't recall

You were in charge of firing MJ's staff. Objection.. Overruled. Didn't you fire MJ's nanny. YES

You sir could hire and fire anyone? No.. Objection overruled

Who is Grace Rwamba? I just informed her, her services were no longer needed. MJ did not want to retain her any longer

95% was paid by MJ. AEG would pay 5%? No that's not true. MJ was 100% responsible 4 CM

Dr Muuray expenses were listed as production cost? Ahh DUH don't know. What is this document?

The production cost

This has your name, you approved these cost for KF, CM, MB housing in London? This was moving fast, we would've had final total

PG: Budget is different to us, it changes all the time. Sir see paragraph 9 in the prelim info."i said 2Mr Wooley please gather prelim info"

Panish: whose decision was it that CM + AEG should have a contract? I don't know. CM earned more the then KO?


Not really, KO would've have got more. You did nothing to check out CM? No he was MJ Dr for over 3yrs.

Did you do anything to determine if CM was in financial hardship? No he was MJ's doctor. Sir you have told me that 10 times already

Plays depo: have you seen production budget for TII? Sure. Did you see $150,000 for CM? No it's not there

Sir you had chances to change your deposition, why didn't you change this statement? I learned this recently

Gives witness paper copy to read... Panish: when you are ready let me know....? Ok

This a comparison, correct? It comparing our cost as opposed to the first doc. See the increase in management med $300,000

Who would've got paid that amount? I don't know. Who else was giving management med at the tour? I don't know

Was it your job to approve budget? I don't know. What was your job? I don't know, whatever anyone else was not doing

HAHAHA... What was your job? I don't know, -- WOWWWWWWWWW

I want a job like that where I get paid millions and I don't need to know what I have to do

Who approved budget? I don't know, someone in the back of the building probably did it

Are you good at your job? Very good. Is that bc you have a CPR? I don't know. How many meetings did u go 2 @MJ home? Don't know

How many meetings did you go to at CarolWood? I don't know. Was vase broken at any meeting you were at? I don't know

Were you at any meeting? Yes one. When was it? Early June? I don't know. 1st wk in June? Don't know

Isn't that a case of REPRESSED MEMORY?

Gongo and his friend Dr. Finkelstein:

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