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The Jacksons vs. AEG Live — Zeugen der Jacksons, 33. Teil
10. Juli 2013
Am Montag hat Dr. Stuart Finkelstein ausgesagt bzw. die Anwälte zeigten den Geschworenen seine eidesstattliche Zeugeneinvernahme vom Februar via Video. Dr. Finkelstein, der jetzt ein Facharzt für Suchverhalten ist, war während der Dangerous Tour 1993 dabei und sein Job war es, sich um die Crew zu kümmern. Zur Erinnerung: Paul Gongaware, der jetzige (Co-)CEO von AEG Live war damals der zuständige Tour Manager.
Gemäss Aussage traf Dr. Finkelstein Michael Jackson zum ersten Mal, als er während des Aufenthalts 1993 in Bangkok in Michaels Suite gerufen wurde. Michael hatte Schmerzen und man (es wurde nicht spezifiziert, wer damit konkret gemeint war) setzte ihn mit Michaels Arzt, Allan Metzger, in Los Angeles telefonisch in Verbindung. Metzger sagte Finkelstein, dass Michael heftige Kopfschmerzen hatte und Finkelstein ihm ein entsprechendes Schmerzmittel verabreichen solle. Dieser wollte Michael Jackson Demerol spritzen, was jedoch aufgrund von harten Vernarbungen (aufgrund früherer Injektionen, so Finkelstein) am Gesäss nicht möglich war. Da eine Spritze zu dem Zeitpunkt nicht möglich war, verabreichte der Arzt Michael während den nächsten 24 Stunden Morphium über einen IV-Drip . Danach konnte Michael wieder auftreten.
Nachdem jedoch ein zweites Konzert in Bangkok verschoben worden war (die tragischen Hintergründe dafür sind uns allen ja bestens bekannt), traf Dr. Finkelstein sich mit dem Promoter Marcel Avram und einem Pressesprecher. Letzterer sagte Finkelstein, dass die offizielle Version laute, dass Michael Jackson dehydriert sei, was gegenüber CNN dann auch als Erklärung abgegeben wurde.
Finkelstein sagte auch aus, dass er damals den Konzertveranstaltern gesagt hatte, dass Michael Jackson medikamentensüchtig war, ihm aber niemand geglaubt hatte. Insbesondere hatte er Gongaware gesagt, dass Michael Jackson von Opiaten abhängig war. Daraufhin hatte Gongaware ihm gesagt, er soll kein Dr. Nick spielen — eine Anspielung auf den Arzt, der Elvis Presley mit rezeptpflichtigen Medikamenten belieferte, die am Ende zu seinem Tod führten.
Finkelstein sagte aus, dass Gongaware und er im 2009 fünf bis zehn Gespräche geführt hätten, wobei es darum ging, ob Finkelstein bei der “This Is It” Tour mitarbeiten würde. Finkelstein sagte, er habe für diesen Job ein Gehalt von USD 40’000 pro Monat verlangt; er wurde jedoch am Ende (wie wir bestens wissen) nicht angestellt.
Seit Montagnachmittag ist Kenny Ortega im Zeugenstand. Thema am Montag war erst einmal Michael Jacksons kreative Seite, seine Stimme, seine Lieder und seine Tänze. Am Dienstagnachmittag wurde mit Ortegas Befragung fortgefahren. Wir werden morgen darüber berichten. Gespannt sein dürfen wir insbesondere was Kenny Ortega betreffend das “Notfalltreffen” bei Michael zu Hause, wenige Tage vor dessen Tod, zu sagen hat. Denn Randy Phillips sagte zuvor aus, dass er sich nicht mehr so genau daran erinnern könne, Conrad Murray hat sich auf den Verfassungszusatz betreffend sein Aussageverweigerungsrecht berufen und Frank DiLeo, der damals auch anwesend war, ist mittlerweile verstorben.
A propos Frank DiLeo. Im Laufe des heutigen Prozesstages wird auch das Thema von Frank DiLeos Computer (nochmals) besprochen werden. Ihr mögt Euch erinnern? Wenn nicht, hier unsere damalige Meldung http://www.jackson.ch/the-jacksons-v...interessantes/. Scheinbar ging das Ganze nicht ganz so reibungslos zu und her. Der Computer wurde dem Gericht bis Ende letzte Woche noch immer nicht übergeben. Die Witwe und Tochter von Frank DiLeo hatten nun bis Montag Zeit, dem Gesuch nachzukommen und dem Gericht den Computer auszuhändigen oder sie müssen wegen Missachtungs des Gerichts damit rechnen, dass sie ins Gefängnis kommen. Auf die Daten/E-Mails von DiLeos Computer darf man wahrlich sehr gespannt sein.
Quellen: jackson.ch, latimes.com, cnn.com, huffingtonpost.com
Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-33-teil/
Copyright © jackson.ch
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Ich habe jetzt noch die ABC-Tweets durchgeschaut und hier nur die Aussagen von Ortega zum Meeting am 20. Juni rausgenommen
von unten nach oben lesen
Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said.
Phillips sagte nichts im Meeting am 20., war mehr ein Beisteher" sagt O.
Öffnen
ABC7 Court News @ABC7Courts 12h
Ortega said MJ responded 'I know, I know, I love you, I will take the reins.'
Ortega sagte MJ antwortete "Ich weiß, ich weiß, ich liebe Dich, ich werde die Zügel in die Hand nehmen"
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ABC7 Court News @ABC7Courts 12h
"Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ.
"Michael sagte, Nein, Nein, Nein, sie waren auch in einer Meinungsverschiedenheit" sagt O. Der Direktor sagte MJ das er sich nur um ihn sorge.
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ABC7 Court News @ABC7Courts 12h
MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said
MJ stand auf, gab Ortega eine Umarmung bevor er ging. "Der Arzt deutete an das MJ ihm etwas anderes gesagt hatte als er nun sagt" sagt O.
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ABC7 Court News @ABC7Courts 12h
Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that.
O. sagte aus, dass er Michael bat Dr. Murray zu erklären, dass MJ fragte zu bleiben aber der Abend anders war. Und MJ tat dies.
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ABC7 Court News @ABC7Courts 12h
Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him.
O. sagte Dr. Murray sagte ihm er solle bei seinem Job bleiben und den Doktor-Job bei ihm lassen.
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ABC7 Court News @ABC7Courts 12h
Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance.
Ortega: Dr. Murray sagte MJ war phys. und emotional fähig die Verantwortung für die Performance zu händeln.
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ABC7 Court News @ABC7Courts 12h
Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse.
Ortega: Er (Murray) war sauer auf mich und sagte ich hätte kein Recht MJ nicht proben zu lassen.
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ABC7 Court News @ABC7Courts 12h
Panish: Did Michael stick up for you? Ortega: Yes
Panish;: Stand Michael für Sie ein? Ortega: Ja.
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ABC7 Court News @ABC7Courts 12h
Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you!
Ortega: Wurde ich jemals runtergeredet, verletzt, beleidigt? Ja viele Male kann ich Ihnen sagen.
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ABC7 Court News @ABC7Courts 12h
Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded.
Panish fragt ob er jemals so in seiner langen Karriere so behandelt wurde. "Oh sicher!" sagt Ortega
Panis
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ABC7 Court News @ABC7Courts 12h
"I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted.
"Ich war baff" Weil ich nicht glaubte das das möglich war, sagt O.
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ABC7 Court News @ABC7Courts 12h
Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show.
Ortega sagte er beschuldigte ihn. Dr. Murray sagte MJ geht es gut und er kann alle Verantwortungen für die Show übernehmen.
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ABC7 Court News @ABC7Courts 12h
Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened.
Ortega: Ich war geschockt weil das was er sagte nicht das reflektierte was passiert ist.
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ABC7 Court News @ABC7Courts 12h
Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained.
Ortega sagte Dr. Murray war wütend auf mich in der Sitzung, "Ich war geschockt" sagt O.
ABC7 Court News @ABC7Courts 12h
Panish; Was he mentally able and stable?
P: War er mental fähig und stabil?
Ortega: I certainly didn't think on June 19th.
O: Ich habe das sicher am 19. nicht gedacht?
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ABC7 Court News @ABC7Courts 12h
Panish: Did you think MJ was in decline?
Ortega: Yes
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ABC7 Court News @ABC7Courts 12h
Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point.
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ABC7 Court News @ABC7Courts 12h
Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray?
P. Hat Phillips Ihnen gesagt das er ein Telefonat mit Murray über 20 Minunten hatte am 20. Juni?
Ortega: Yes, through email
Ortega: Ja per Mail
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ABC7 Court News @ABC7Courts 12h
Dr. Murray was upset with Ortega, the director said.
Dr. Murray war wütend mit Ortega, sagt der Direktor
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ABC7 Court News @ABC7Courts 12h
Ortega described the meeting as "accusatory."
Ortega beschreibt das Meeting als "Anschuldigung"
Panish: Who was the one being accused?
P: Wer wurde beschuldigt?
Ortega: Me
Ortega: Ich
P: Who was accusing you?
P. Wer beschuldigte Sie?
O: Dr. Murray
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ABC7 Court News @ABC7Courts 12h
Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns
Ortega sagt Dr. Murray begann das Treffen. Er sagte er hat das Gefühl das das Treffen über die Nacht zuvor ging und die Tiefe seiner Besorgnis.
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ABC7 Court News @ABC7Courts 12h
Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips.
Ortega ging alleine. Die anderen blieben.: Jackson, Dr. Murray und Phillips
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ABC7 Court News @ABC7Courts 12h
Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour.
Ortega sagt er blieb nicht lange beim Treffen. Er schätzt 10 bis 15 Minuten, definitv unter einer halben Stunde.
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ABC7 Court News @ABC7Courts 12h
Ortega said when he realized the meeting was about him, he stood up to express his feelings.
Ortega sagt als er realisierte das Meeting ist über ihn, stand er auf und sprach über seine Gefühle.
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ABC7 Court News @ABC7Courts 12h
Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house.
Meeting am 20. war mit Michael, Dr. Murray, R. Phillips, und mir.Zuletzt geändert von Lena; 11.07.2013, 21:02.
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"Michael Jackson Prozess: Regisseur Kenny Ortega bricht während emotionaler Aussage zusammen"
http://abclocal.go.com/kabc/story?se...ent&id=9168599
In dem Link gibt es ein Video (Bericht von Miriam Hernandez für Eyewitness News), wo u.a. einige Bilder einer Gerichtszeichnerin aus dem Gerichtssaal gezeigt werden.
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The Jacksons vs. AEG Live — Zeugen der Jacksons, 34. Teil
11. Juli 2013
Seit Montag war Kenny Ortega, der Regisseur der “This Is It” Show im Zeugenstand. Gestern haben wir bereits kurz darüber berichtet. Nachdem es beim ersten Teil der Befragung generell um die kreative Seite von Michael Jackson ging, konzentrierten sich die Fragen am Dienstagnachmittag und gestern auf die “This Is It” Vorbereitungen, insbesondere auf die letzten Wochen und Tage vor Michaels Tod. Kenny Ortega konnte einige Mal seine Tränen nicht verdrängen und musste sogar einmal die Richterin um eine Pause bitten.
“Es geht mir gerade nicht gut. Kann ich eine kurze Pause machen?” Richterin Palazuelos erlaubte Kenny Ortega, dass er sich für ein paar Minuten allein in den Geschworenenraum zurückziehen konnte, um sich wieder zu beruhigen. Insbesondere im Zusammenhang mit seinen Aussagen betreffend Michael Jacksons letzten Tage kamen Kenny Ortega immer wieder die Tränen. Auch Michaels Mutter Katherine musste weinen, als sie Kenny zuhörte.
Nach einer schwachen Probe am 13. Juni 2009 und nachdem Michael am Tag darauf dann gar nicht zu den Proben erschien, schrieb Kenny Ortega eine E-Mail an Paul Gongaware, co-CEO von AEG Live: “Warst Du Dir bewusst, dass MJs Arzt ihn gestern nicht zu den Proben gehen liess? Wissen das Randy (Phillips) und Frank (DiLeo)? Bitte sorge dafür, dass sie sich um MJs Gesundheit kümmern, ohne in MJs Privatsphäre einzudringen. Es wäre vielleicht eine gute Idee, mit seinem Arzt zu sprechen, um sicherzustellen, dass MJ alles hat, was er braucht”. Später sagten die AEG Leute Ortega, dass sie sich mit Murray getroffen hatten und den Arzt damit beauftragt hatten, dafür zu sorgen, dass Michael zu den Proben erscheint. Ortega bekam auch die Natelnummer von Conrad Murray, falls er von diesem wissen musste, ob Michael zu den Proben kommt. Als Michael Jackson eine ganze weitere Woche nicht zu den Proben erschien, rief Ortega Murray an und sie telefonierten eine halbe Stunde lang. “Er sagte mir”, so Ortega über Murray, “er arbeitete einen Plan aus; dieser funktioniere aber nicht”.
Als Michael am 19. Juni zu den Proben erschien, “schien er verloren, kalt und verängstigt”, so Ortega. “Ich sah einen Michael, der Angst hatte; ein Michael, der zitterte und dem kalt war. Ich dachte, da gibt es irgendein emotionales Problem, ein tiefgründiges emotionales Problem, aber auch ein körperliches Problem. Er schien zerbrechlich”. Wie wir vom Schlafexperten erfahren hatte, deuteten diese Symptome darauf hin, dass Michael Jackson über lange Zeit hinweg keinen richtigen Schlaf (mit dem notwendigen Zyklus) erhalten hatte. Schliesslich handelte sich bei Propofol um ein Narkose- und kein Schlafmittel. Kenny Ortega überzeugte Michael Jackson dann, an diesem Abend nicht aufzutreten, weil er Angst hatte, dass Michael sich verletzen könnte. Michael stimmte dem Vorschlag zu und schaute sich die Proben an, während sein Choreograph Travis Payne Michaels Rolle auf der Bühne einnahm. Michael Jackson, so Ortega, habe ihm gegenüber an dem Abend immer wieder gesagt, dass er ihn bitte nicht verlassen solle. “Michael hatte Angst gehabt, dass ich ihn im Stich lassen oder den Job künden würde”, so Ortega.
Da man nur noch 12 Tage Zeit hatte für Proben, bevor man sich nach London begab, befürchtete Ortega, “dass alles, an dem wir zusammen gearbeitet hatten, Michael und ich — dieser Traum, dieser Wunsch — wie ein Kartenhaus zusammenbrechen würde”. An jenem 19. Juni hatte Ortega das Gefühl, dass sie die Produktion stoppen sollten, aber er war hin und her gerissen, weil er Michaels Herz nicht brechen wollte. In der Nacht vom 19. Juni und am folgenden Morgen schrieb Kenny Ortega den AEG Leuten einige E-Mails, in denen er diese warnte, dass sie für Michael professionelle Hilfe anfordern sollten.
Aufgrund dessen kam es dann am 20. Juni 2009 zu dem bereits mehrfach erwähnten Treffen bei Michael zu Hause. Murray hatte Ortega an dem Meeting wütend konfrontiert. “Er sagte, ich hätte kein Recht, Michael nicht proben zu lassen; dass Michael sowohl körperlich als auch emotional durchaus fähig wäre, all seine Pflichten als Performer wahrzunehmen und ich sollte ein Regisseur sein und nicht einen Amateurarzt oder -psychologen spielen”, so Ortega über Murray.
Die nächsten Proben waren dann am 23. Juni und ein total anderer Michael Jackson sei an jenem Tag zu den Proben erschienen. “Es war ein Wunder”, so Ortega. “Ich war so erfreut über Michaels riesen Energie, seinen mentalen Zustand und seinen Enthusiasmus. [...] Es war unglaublich”. Wie wir mittlerweile wissen, war diese Verfassungsänderung dem Umstand zuzuschreiben, dass Conrad Murray Michael Jacksons Propofolbehandlung nach 60 aufeinander folgenden Nächten, an denen das Mittel verabreicht worden war, (vorläufig) eingestellt hatte.
Den Geschworenen wurde anschliessend das Video von den Probeaufnahmen vom “Earth Song” gezeigt — dem Song, den Michael Jackson am 24. Juni 2009 zuletzt peformt hatte. Am darauffolgenden Tag — Kenny war bereits wieder im Staples Center für die Proben — erhielt er einen Anruf von Paul Gongaware: “Unser Junge ist tot”. “Ich glaube, ich befand mich im Schockzustand”, so Ortega. “Ich wollte glauben, dass dies irgendein Spinner sei am Telefon,” sagte Ortega weiter.
Bereits am Dienstagnachmittag sagte Kenny Ortega aus, dass er es sich zweimal überlegt hätte, ob er die Stelle als Regisseur für die “This Is It” Shows annehmen sollte, nachdem er erfahren hatte, was sich kurz vor dem Auftritt Michaels bei der Ankündigung der Konzerte in London im März 2009 abgespielt hatte (siehe unsere beiden Meldungen am 1. Juni http://www.jackson.ch/the-jacksons-v...ksons-14-teil/ und 13. Juni http://www.jackson.ch/the-jacksons-v...ksons-22-teil/). Die AEG Manager hatten Kenny Ortega über diesen Vorfall nicht informiert gehabt, als sie ihn wenige Tage später nach der Pressekonferenz fragten, ob er bei den ”This Is It” Show Regie führen möchte. Hätte er gewusst, wie sich die Konzertvorbereitungen physisch und emotional auf Michael auswirken würden, hätte er den Job wahrscheinlich nicht angenommen, so Ortega.
Quellen: jackson.ch, cnn.com, latimes.com
Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-34-teil/
Copyright © jackson.ch
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Jacksons vs AEG - Day 44 – July 8 2013 – Summary
Katherine and Rebbie Jackson is at court.
Dr. Stuart Finkelstein Deposition Video
Dr. Finkelstein said he worked at Cerritos Family Clinic until 2 years ago with his ex-wife Petra Wong, now works at Stuart Finkelstein, MD. Dr. Finkelstein is a specialist in internal and addiction medicine. He described his experience and residency to the jury. He is a leader in treating addiction for over 20 years and he said he considers himself an expert. (ABC7)
Dr. Finkelstein was hired to work on the Dangerous Tour in 1993. He said he was in Bangkok, MJ performed a concert. After he performed, Dr. Finkelstein said he was requested to go to MJ's hotel room. (ABC7)
Boyle: Who hired you for Dangerous Tour? Dr. Finkelstein: Marcel Avram B: What was your role? Dr: To be the physician for the crew (ABC7)
Dr. Finkelstein said he was not hired to treat the artist. But in Bangkok, he was called by security. "He said you need to go to the principal." the doctor recalled. Dr. Finkelstein: He appeared to be in pain, I was put on the phone with his treating physician in Los Angeles, Dr. Alan Metzger. Dr Metzger said MJ was had severe headache, was in a lot of pain. Dr Finkelstein said he didn't remember if he was told what medicine to use. Dr. Finkelstein said he tried to give him a shot but his butt was so abscessed the needle almost bent. "I thought it was not safe," he said. Dr. Finkelstein administered morphine instead. In 1993, the doctor said he was not an expert in addiction. Boyle: But you were spending half of your time in addiction medicine? Dr. Finkelstein: I knew what I was doing and I was qualified, licensed. Dr. Finkelstein: I spent the next 24 hours in his room intermittently administering medication 'til MJ was capable going on stage in Bangkok. The doctor said he administered morphine and IV fluids. MJ was conscious and speaking. The doctor said they were watching 3 Stooges and having squirt gun fights. They talked about growing up in Encino on Hayvenhurst. Boyle: You became confident he was capable of going on tour? Dr Finkelstein: Bad question,I administered medicine until he could go on stage. Dr. Finkelstein watched MJ on stage and said he was able to perform. The second concert in Bangkok was postponed for one day. The doctor said the publicist told him to go on CNN and say MJ put so much effort in the show and was dehydrated. (ABC7)
Dr. Finkelstein said MJ had an opiate problem, dependency. Dr. Finkelstein: MJ had 100 micro gram duragesic patch on and there were 2 ampules of Demerol that were sent to him with another crew member. The doctor said he had someone he felt that obviously had received a lot of medication in the past, had a high tolerance to medication. Dr Finkelstein: It was early in my training, but it was obviously a concern for me. Duragesic is also called Fentanyl, another opiate. Boyle: You testified about 2 ampules – what were you talking about, the ampules of Demerol? Dr. Finkelstein: We are talking about natural opiates and synthetic opiates. The patch, the medication is absorbed through the skin. The doctor said the ampules were given to him by the make artist, Karen Faye. They were for MJ. (ABC7)
Boyle: There were four factors that lead you to believe MJ was an opioid dependent? Dr. Finkelstein: Yes, the patch, 2 ampules of Demerol from Karen Faye, observation that MJ had a high tolerance and scarring on his buttocks. "He had obviously had multiple injections in his buttocks prior to coming to Bangkok," Dr. Finkelstein said. (ABC7)
Paul Gongaware used to be the road manager for Rick James, Dr. Finkelstein said. He and Gongaware used to go skiing together. Dr. Finkelstein said Gongaware called him to go on a rock tour in 1993. The doctor would be paid by the promoter. (ABC7)
The doctor said he postponed the Bangkok tour. "I think we are going to have a problem," Dr. Finkelstein told Gongaware. Dr. Finkelstein said he told Gongaware he didn't want to be a Doctor Nick. Doctor Nick was Elvis Presley's doctor. Dr. Finkelstein said Elvis had about 14 different drugs in his system when he died. "You don’t want to overdose a rock star and have a rockstar die on you," Dr. Finkelstein explained. (ABC7)
Dr Finkelstein: When I tried to administer the medication and his butt was abscessed, I tried to give promoters heads up there was a problem.He said he believed MJ had a drug problem. "But no one believed me," Dr. Finkelstein said. Dr. Finkelstein: I was not hired as an addiction specialist but a family doctor to come on tour. The doctor said they began believing him in Mexico City during the Dangerous Tour. (ABC7)
After Dr. Finkelstein treated MJ, an English doctor was brought in, Dr. Forecast. One day, Dr. Finkelstein said he returned from a pyramid trip and his suitcase with all the medication had been broken in to. Dr. Finkelstein said Dr. Forecast broke into his suitcase to get pain medications to give to MJ. Dr. Finkelstein said he wanted to detox MJ in Switzerland and go on tour. Dr. Forecast was the other doctor treating MJ. Dr. Finkelstein said he had enough medication for all 160 people going on tour, any scenario. (ABC7)
Dr. Finkelstein: The head powers got together. They called in Elizabeth Taylor to do an intervention and took MJ to a Hospital in London. Dr. Finkelstein said he didn't know exactly who the powers that be were. "He didn't collapse," Dr. Finkelstein said. "It seemed it was getting a harder and harder time to manage his pain." There was also a video deposition of MJ in Mexico City related to the Chandler child molestation case. The stress increased MJ's urge for opioids, Dr. Finkelstein said. Elisabeth Taylor personally went to Mexico City to deal with MJ. (ABC7)
Dr. Finkelstein said Dr. Forecast took care of the principal, Mr. Jackson. He does not know who was paying Dr. Forecast. (ABC7)
Finkelstein and Gongaware are friends, he said. Boyle: Did you discuss with Mr. Gongaware about MJ's opioid dependency? Dr Finkelstein: Yes (ABC7)
Dr. Finkelstein: I know that I administered pain medication one other time when Dr. Forecast was not available. "I saw Dr. Forecast administer pain medication in Mexico City during the deposition," Dr. Finkelstein said. Dr. Finkelstein said he and Dr. Forecast were in communications and Dr Forecast was concerned in being blamed for work done by previous docs. (ABC7)
Boyle: Is substance abuse a character flaw?
Dr. Finkelstein: No. I believe it to be either genetically pre-disposed, or people who get exposed to these chemicals their brain changes (ABC7)
"He was a sweetheart, kind, gentle, fun," Dr. Finkelstein said about MJ. "Based on my observation, he was kind to everyone." (ABC7)
Boyle: Gongware was aware of problems MJ was having? Dr. Finkelstein: Yes (ABC7)
Dr. Finkelstein said he and Dr. Forecast agreed that MJ needed an intervention and detox. (ABC7)
Dr. Finkelstein explained his name is out there as a "Rock Doc," so he gets call from show producers and promoters to work at concerts. (ABC7)
Dr Finkelstein testified Gongaware called him about two months prior to MJ's death and told him MJ was going to tour in London, wanted a doctor. Dr. Finkelstein said he was excited about it, wanted to be MJ's physician, had 5-10 conversations with Gongaware about it. Dr. Finkelstein said he asked if Gongaware knew whether MJ was clean. The answer was yes. The doctor explained he would not want to go on tour if MJ had drug problems. "I didn't want to be Dr. Nick," Dr. Finkelstein said. Gongaware told him MJ was clean and passed a physical exam for insurance. Dr. Finkelstein said he would charge $40,000/month, $10,000/week. He remembers Dr. Murray asking for a lot of money to go on tour. (ABC7)
Dr. Finkelstein said there are not lot of cases of Propofol dependency, since it is a drug that's really hard to get. He said the mortality rate in Propofol dependents is really high, about 80%. Most of the dependents are in the medical field. Dr. Finkelstein said people from all walks of live can become opioid dependent. (ABC7)
The doctor's brother, Bob Finkelstein, worked at Concerts West with Paul Gongaware. He knows Randy Phillips socially. (ABC7)
Dr. Finkelstein said there were not a lot of discussions about the tour, since he didn't get the job. "Michael wanted someone else," Dr. Finkelstein said Gongaware told him. "Gongaware was my friend, tried to get me the job, I didn't get it." (ABC7)
Kathryn Cahan, attorney for AEG, did cross examination Dr. Finkelstein said he would administer 50-100 mg of Demerol in MJ, on his buttocksThe doctor said there were several scars on MJ's buttocks, which led him to conclude MJ was dependent in opioids. Dr. Finkelstein said the Demerol was prescribed by Dr. Alan Metzger in the name of Karen Faye. The drug was not for her, though. Dr. Finkelstein said he gave MJ 10 mg of morphine. The usual starting dose is 2 -4 mg, but MJ had high tolerance to opioids. The doctor said he believed MJ was in pain every time the doctor administered him morphine. (ABC7)
Cahan asked Dr. Finkelstein is he ever administered Propofol to Michael Jackson. He answered no, laughing. Dr. Finkelstein said his interaction with MJ was very limited. Dr. Forecast was in charge of the artist. When other doctors, like Steve Hoefflin and Arnold Klein, would come to a concert to visit, the show would get delayed, Dr. Finkelstein said. "Everything was secretive," Dr. Finkelstein said, explaining seems like no one ever knew the whole story. "it was compartmentalized and people were separated and segregated," Dr. Finkelstein said. Dr. Klein -- would show up at concerts very frequently, Dr. Hoefflin came a couple of times, would spend the weekend, Dr. Finkelstein said. (ABC7)
Dr. Finkelstein was asked to treat MJ in Mexico City when Dr. Forecast wasn't around. MJ had back pain, Dr. Finkelstein gave him morphine. Dr Finkelstein said Narcan is antidote to opioids. He had it handy. "If I am going to administer medication I'm going to have a safety plan" (ABC7)
Dr. Finkelstein said he kept a journal of everything he did during the tour and he was backstage, his records were stolen. He said he left some records at his mom's house and purged MJ's record from 95 since he wasn't a patient for 7 years. (ABC7)
"Michael had a lot of pain, I administered a shot and left," Dr. Finkelstein said. (ABC7)
Finkelstein said he first suspected Jackson had a dependence on pain medications in 1993 while working on the "Dangerous" tour. He recounted spending 24 hours in the singer's hotel suite and administering morphine intravenously to deal with Jackson's pain.
He said he gave Jackson morphine during their first meeting because the singer's buttocks were scarred from previous unspecified treatments and he was concerned about giving an injection of the painkiller Demerol. He said he also noticed that Jackson appeared to have a high tolerance for morphine and had on a patch that administered another opiate drug. Finkelstein said he gave Jackson one other painkiller treatment before the "Dangerous" tour was halted after what he described as an intervention by Elizabeth Taylor and others in Mexico City. (AP)
Dr. Stuart Finkelstein said he was later asked by concert promoter AEG Live to act as Jackson's personal physician during the ill-fated "This Is It" tour in 2009 but wanted to know if Jackson was "clean." AEG executive Paul Gongaware said he didn't believe Jackson had any prescription drug issues, Finkelstein testified. Finkelstein said he and Gongaware had five to 10 conversations in 2009 about working on Jackson's "This Is It" shows. Finkelstein said he wanted $40,000 a month and was not hired. (AP)
Kenny Ortega Testimony
Before Kenny Ortega started testifying, judge heard arguments on whether he should be designated an “adverse” witness. Being classified an adverse witness doens't mean Ortega would be deemed hostile, just changes the way questions can be asked. Plaintiff’s attorney Brian Panish wanted him designated as an adverse witness, but AEG Live’s side said that was improper. The judge agreed the Ortega shouldn’t be deemed an adverse witness to start, but said she would revisit it depending on Ortega’s answers. Panish wanted the adverse witness designation because he claimed Ortega was an “agent” of AEG Live. The company objected to that label. (AP)
Jackson direct
Attorney for Jacksons Brian Panish did direct examination.
Ortega reviewed his deposition but did not read testimony given at Dr. Murray's criminal trial. Ortega said he read some articles about this trial. He also read Karen Faye's deposition, given to him by his attorney. The director was deposed in the Lloyds of London litigation for several days. (ABC7)
Panish asked what Ortega reviewed to prepare for his testimony. Ortega said he reviewed his own emails, Karen Faye’s deposition testimony, and his Conrad Murray criminal trial testimony. He said he didn't review his preliminary hearing testimony. Panish mentioned that Faye’s deposition was seven days, which drew an objection from Putnam. The lawyers sniped over how many days it lasted. Putnam also objected a couple times to Panish’s questions, saying they were leading. Judge overruled objections. Panish then told Ortega, “They’ll be objecting, so try not to let that distract you.” (AP)
Panish and Ortega then went over how the choreographer’s contract for the “This Is It” came about. (AP)Ortega said he had a contract with AEG Live. "I was working in communication with them," he said. For certain things, Ortega said he reported to Paul Gongaware and Randy Phillips. Ortega said his agent and attorney negotiated his contract with AEG Live. Gongaware represented AEG Live. Ortega said at one point his rep said the negotiation turned from AEG Live to Michael Jackson. He doesn't know the details, though. (ABC7)
Ortega was having trouble hearing Panish and at one point asked him to speak up. Ortega had trouble with a couple questions. Ortega: “I actually have hearing loss, so it’s not your fault.” Panish started speaking up, but proceedings became less tense. (AP) Ortega said he has earring loss, so he can't hear well. He asked Panish to speak up. (ABC7)
He said he's a director, choreographer and sometimes producer. "My role in This Is It, I was Michael's creative partner in the show." Ortega said for the creative part, he reported to Michael and to AEG regarding budget or scheduling. Ortega said AEG was Michael's partner in promoting and producing TII, and they were financers of the project. (ABC7) Panish asked Ortega about “This Is It” and his role on the shows. The choreographer said he was Michael Jackson’s creative partner. Ortega added that he reported on financial and scheduling issues to AEG Live. He says he kept them updated on the “creative growth.” (AP)
Panish asked whether Ortega has worked with AEG Live since “This is It.” He has, he worked on Rolling Stones’ recent tour. (AP) The director said he was called by Mick Jagger to work on the 50th anniversary tour, working with AEG. Ortega: I believe Mick Jagger just made me an offer and we accepted it. My agent called me, daily offer, I accepted. Ortega's rep dealt with Paul Gongaware in The Rolling Stones tour. (ABC7) Ortega said he saw the Stones’ show when it was in LA. He saw and talked to Paul Gongaware at the show. Ortega said he saw Randy Phillips at the Stones’ show as well, but they didn’t speak. Ortega said he's friends with Gongaware, Phillips. Panish asked Ortega whether he was friends with Michael Jackson. The choreographer said yes. (AP)
Panish: Do you consider yourself friend with Gongaware? Ortega: Yes
Panish: Do you consider yourself friend with Randy Phillips? Ortega: Yes
Panish: Do you consider yourself friend with MJ? Ortega: Yes (ABC7)
Ortega was originally named a defendant in this case. Panish asked if he knew why he was dismissed from the suit. "I'm not an employee of AEG," Ortega responded. (ABC7) Panish mentioned that Ortega was originally a named defendant in the suit. He asked if Ortega knew why he was dismissed. He said yes. The director said he believed he was dismissed because he wasn’t an employee of AEG Live. (AP)
Panish then asked Ortega about his biography. He was born in Redwood City, Calif. and grew up in San Mateo County. He talked about seeing the Jackson 5 in local theater when he was growing up. He saw Michael Jackson after the show. Ortega: “Michael was walking through the backstage and he made eye contact with me. ... I was in just in such awe of him and the brothers.” “It was such a momentous moment for me, it was like being touched by a star,” Ortega said of seeing Michael Jackson. Panish then asked Ortega about his credits. He’s directed films in the “High School Musical” franchise, “Newsies.” He also did the choreography for “Dirty Dancing,” the Chicago parade scenes in “Ferris Bueller’s Day Off” and Madonna’s “Material Girl” video. Panish played clips from all of the movies and Madonna video mentioned above to show off Ortega’s credentials. (AP)
Ortega said he is from Redwood City, CA, grew up in the Bay area. Ortega said he started dancing when he was 4 years old. There was always music at his house, watched his parents dance. He opened up his own theater company when he was 18. Ortega said around 1963-64, Michael was walking through backstage they made eye contact. "He looked at me and smiled. I was overwhelmed," Ortega said. Ortega: I was in such awe of him and the brothers. It was such a momentous moment for me, it was like being touched by a star. Choreographer creates the dance steps, movements in a stage show or concert or musical, Ortega explained. Ortega said he didn't do the choreography for the This Is It tour. It was lots of people, some was classic and belonged to MJ for some time. Travis Payne was MJ's partner for the new choreography in TII. Ortega worked on High School Musical 1, 2 and 3, Dirty Dancing, Newsies, Pretty in Pink, St. Elmo's Fire, etc. Ortega did choreography for Cher, Madonna, Kiss, Diana Ross, Barbra Streisand, Bette Midler. Panish showed a video clip of Madonna's "Material Girl." Ortega has been asked to do a new "Dirty Dancing" but he's not sure it will happen.Panish showed excerpt of it with Patrick Swayze and Jennifer Grey; snippet of "Newsies," 1st full-length picture he directed/choreographed. Panish showed clip of High School Musical. He directed and choreographed 1, 2 and 3. HS Musical 1 and 2 were released on TV only, 3 was a movie. "It was the number one opening weekend of any musical ever," Ortega said. (ABC7)
Michael and the children went to see High School Musical in Las Vegas. Panish: How did it make you feel? Ortega: (long pause) I'm speechless, I can't think P: Was that a big thrill? O: Beyond. "I know for sure Paris was singing, they were all standing and enjoying it," Ortega recalled. MJ went backstage. "The cast, they were just crying, and screaming, and just speechless," Ortega said. "He was very generous, very sweet and kind to everyone," Ortega said about Michael Jackson. (ABC7) Ortega recounted when the “High School Musical” live tour played in Las Vegas, Michael Jackson brought his children to the show. Prince, Paris and Blanket stood throughout the show, clapping and singing along to some of the songs, Ortega said. Ortega recounted the cast’s reaction to meeting Jackson. “They were just crying, screaming and speechless,” Ortega recalled. (AP)
Ortega choreographed the 96 Olympics in Atlanta, 2002 Winter Olympics in Salt Lake City, Super Bowl half time, World Cup. Ortega: Choreography is about the movement of the human body, technique, dance language, physical, how to instruct (ABC7)
Ortega first met MJ in 1990. "MJ called me to help mount the Dangerous Tour," he said. "I felt incredible, he was the greatest performer on the planet and as far as I'm concerned. The greatest song and dance man ever." He said he was co-director of Dangerous with MJ. MJ had a ton of ideas, asked him to realize those on stage. "It was exciting, stimulating, awesome," Ortega said. Ortega described Michael Jackson: Musician: world class Singer: one of a kind Dancer: the best. (ABC7)
The choreographer recalled MJ calling him in 1990 to work the “Dangerous” tour. Ortega said he was excited to work with Jackson. “He was the greatest performer on the planet as far as I was concerned.” Ortega was very complementary of Jackson. “I think he was the most influential dancer for generations of kids,” he said at one point. Panish then played the opening of the “This is It” concert film. It’s the part featuring the backup dancers talking about MJ’s influence. He said Jackson said “This Is It” was primarily Jackson’s vision. “He wanted to rock the world, he wanted them to know he was back.” Panish then showed Ortega the opening of the “Dangerous” tour. Jackson popped up on stage, stood there for several moments. Ortega explained the effects. Jackson emerged from a “toaster” _ a device that “popped you up like a piece of toast.” Jackson’s long pause on stage _ to an endless cheer _ was what the singer would call “milking the crowd,” Ortega recalled. He said Jackson differed from some other performers. He wanted his concert openings to be huge. Panish asked Ortega whether he knew that Jackson donated “Dangerous” profits to charity. Ortega said he didn’t know that. The lawyer also wanted Ortega to describe one of Jackson’s trips to an orphanage in Romania. Ortega said he didn’t recall the visit. (AP)
Ortega has worked in the industry for over 40 years. Panish asked Ortega how MJ influenced other dancers. "Like no one else in his generation," Ortega said. "I think he was the most influential dancer for generations of kids still even today. Panish showed clip of "This Is It" movie showing the young dancers who had been chosen to dance with MJ and how he influenced them. Ortega: It was primarily Michael's vision that I shared. He wanted to put on the greatest show that anyone had ever seen. "He wanted to rock the world," Ortega said. "He wanted to let them know he was back." The opening of the show was significant to MJ. He wanted the audience to think how will be able to top that!, Ortega testified. "He always wanted something that was world class and thrilling," Ortega said. Ortega helped prepared the opening of the Dangerous tour in 1992. Michael would enter the stage in what they called "toaster." The "toaster" popped up and gave illusion of flying. Ortega said MJ would then stand still on stage for a few minutes. "He would call that milking the crowd," Ortega explained. "He knew how to work the crowd better than anybody." Panish showed clip of opening of Dangerous. "It was one of the most spectacular openings that anyone has seen or done," Ortega said. "It left people breathless," Ortega said. MJ went to an orphanage in Romania before going to his hotel. Ortega said MJ didn't want to do the show before the orphanage was cleaned up. MJ wanted to make sure every child had what they needed, Ortega explained. Ortega said MJ wanted to improve the human condition for children around the world. (ABC7)
Ortega was asked whether he knew if Jackson was addicted to painkillers on the “Dangerous” tour. He said he didn’t know. Ortega said he didn’t know, even up until today, that Jackson had problems with painkillers during “Dangerous” shows. (AP) Panish: Did you know Michael was dependent on painkillers? Ortega: No P: Never heard of that? O: No P: To this day? O: No (ABC7) The choreographer said he had no role in ending “Dangerous” tour. Ortega said he knew Jackson suffered pain, but never saw him take meds. Ortega was asked at one point whether he ever saw Jackson act different after doctor visits. He said yes.He described MJ as "off." (AP)
In 1995, Ortega was acting as a consultant to MJ for an event at Beacon Theater in NY. Panish: Did you ever become aware he was not well? Ortega: He was unhappy. Ortega: He called me in because he was unhappy with what was going on with his classic choreography, he didn't want it to be changed. Ortega said MJ fainted and the show was cancelled. Panish: Can we say he collapsed? Ortega: Yes. MJ was then transported to the hospital by ambulance. "It could've been exhaustion, I don't know, I don't recall," Ortega said. (ABC7) Ortega was also asked about preparing Jackson for shows at NY’s Beacon Theatre. He was asked whether he grew concerned about MJ’s condition. The choreographer responded that he knew Jackson was unhappy. He said MJ told him he was displeased because of changes to his dance moves. Ortega: “He didn’t want some of his work changed.” He was there when Jackson collapsed on stage. Ortega described the incident this way: “It appeared that he fainted and the show was canceled.” Panish asked him whether it would be fair to say he collapsed. Ortega replied, “It could have been.” He said he knows Jackson was taken by ambulance, but didn’t know more details. (AP)
The pair next worked together on the “HIStory” tour. Ortega said he never had any problems working with Jackson. He said MJ described any differences as “creative jousting.” (AP) In "HIStory" tour Ortega and MJ were co-creators & co-directors. "We used to call creative jousting," Ortega described the creative process. Ortega: We didn't always agree on 100%, we allowed ourselves to have creative joust, to play with the ideas and allowed it to ripe. Panish: Was his creativity or demeanor different? Ortega: He was still inspired, raised the bar on himself and on everyone working with him. Ortega: The video used for the show would have subtitles saying love one another, take care of the planet, take care of the children. (ABC7)
Ortega said he went on first 6 or so dates on both "Dangerous" and "HIStory" tour. He explained it was the normal amount. (ABC7)
Panish showed video of "HIStory" tour opening. Ortega said MJ wanted his music to inspire change in the world. "Greatest example of it is Man in the Mirror," Ortega said. "Change needs to happen within each of us for a change in the world to happen. Ortega said the song "What About Us?" showed Michael's deep concern about healing the planet. "And that went deep," Ortega said. Panish showed clip of Earth song. Ortega talked about shows that MJ did for charity. (ABC7) Panish then played the opening video from the “HIStory” tour, which uses computer animations to show Jackson in a pod. The pod went on a roller coaster track through historical places (the Sphinx, Chrysler Building) and historical events played. When the video ended, a pod rose from the stage and Jackson appeared. He shed his helmet and suit and began dancing. Ortega said it was important to Jackson that he inspire change. (AP)
He was then asked about the Munich show, when a bridge fell with MJ on it. Jackson continued performing, but Ortega said he was taken to the hospital after the show. MJ reported back pain after that. (AP) Ortega: In Munich, Michael was on a set held up by cables. During the big conclusion of Earth song there was a bridge supposed to float down. Ortega said because an improper cable replacement, the bridge came down faster that it was supposed to. "I know he hurt his back," Ortega said. MJ jumped up and went back on the stage. "The show must go on." Ortega said he thinks MJ had back problems afterwards. But the director said he never saw MJ take medication. (ABC7)
Panish: Did you observe MJ different after seeing a doctor? Ortega: Yes P: Please explain O: Off, a little off P: Loopy? O: Yeah. "He was a little... off, loopy," Ortega said. Panish: Did anyone tell you they thought MJ was 'assisted' with something? Ortega: No. Ortega: The scalp burn, I didn't know he was taking medication for it, I knew he was injured from the Pepsi commercial. (ABC7)
Ortega said TII was going to be in London and there was hope for international tour. Ortega: If the show were to go on to other countries, then I would receive royalties, yes (ABC7)
Panish started asking about preps for “This Is It.” AEG Live reached out to Ortega about working with Jackson on the London shows. A few new emails were displayed before court ended. (AP) Ortega said Paul Gongaware and John Meglan were the ones who contacted him about being part of the TII tour. Email on Feb 10, 2009 from Gongaware to Ortega was the first email the director remembers about the TII. Ortega said MJ kept referring to the tour as "This Is It," so Ortega suggested the tour should be called TII. At this time, Ortega was working on development of movie for Paramount, "Footloose" remake. He was going to direct it. At times, Ortega said he can work in multiple projects, but once one takes off he needs to be exclusive to it. (ABC7)
Ortega said Randy Phillips never told him what happened before the TII press conference with Michael Jackson. He said had he known, it would have had an impact on whether to go forward with TII. "I didn't know anything had happened and I wasn't there, so there wasn't anything to be surprised about," Ortega said"Honestly, I didn't even know if it was for sure," Ortega said. He testified in his depo he was surprised Phillips didn't tell him anything. (ABC7) Panish asked Ortega whether Randy Phillips told him about Jackson’s behavior before the “This Is It” press conference. Ortega said no. Ortega said if he had known about Phillips’ description of Jackson being despondent, it might have impacted his decision to work on show. (AP)
Panish then showed a couple new emails between Ortega and Paul Gongaware. They were about the “This Is It” ticket sales. Gongaware email to Ortega: “Blew out 30 shows today on the presale. Hot doesn’t begin to describe it!" Ortega replied: “I’d say we’re off to a good start LOL congrats to all at AEG!” In another email from March 13, 2009, Gongaware told Ortega they stopped selling tickets at 50 shows. The men also planned a meeting with Jackson at Sony Studios to show off some new effects, the second email showed. AEG Live objected to the emails, saying they weren’t on the exhibit list. Jackson attorneys said they were. (AP)
Email on 3/12/09 from Gongaware to Ortega: Blew out 30 shows today on the presale. Hot doesn't begin to describe it. Ortega responded: I'd say we are off to a good start. Congrats to all. Gongaware responded: We stopped at 50 sold out shows at the O2 arena. Demand was there for another 50. This is history and you're part of it. Ortega responded: Yeah! Good for MJ, God knows he's been out through as much negative as any one person should have to go through. Great news, I couldn't be happier for the Team. (ABC7)
Zusammenfassung von Ivy, MJJC #46
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7Zuletzt geändert von rip.michael; 13.07.2013, 21:47.
Kommentar
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Jacksons vs AEG - Day 45 – July 9 2013 – Summary
Katherine and Rebbie Jackson are in court.
Kenny Ortega Testimony
Jackson direct
Ortega said he didn't want to change any of his testimony from yesterday. His lawyer drove him home yesterday. (ABC7)
Panish began testimony by asking Ortega if he was familiar with his “This Is It” contract. Ortega said he’d need to see it to talk about it. Ortega was then asked who was paying his lawyer’s fees. Ortega said AEG Live was paying for his lawyer, but he picked the attorney. The director-choreographer said he hadn’t consulted with his attorney since yesterday about trial testimony. (AP) Ortega said he's not familiar with the details of his contract. Ortega chose his attorney for this case, but AEG is paying for it. (ABC7)
Panish asked Ortega about the Randy Phillips emails about the “This Is It” press conference. Ortega said yesterday he wasn’t told about problems preceding the conference. He said it would have impacted decision to work on “TII.” Panish asked if Ortega wouldn’t have worked on the shows knowing the problems because he cared about MJ. Ortega said yes. (AP) Panish asked how Ortega would've been impacted had he known MJ's condition on the day of the press conference. Panish: Less wanting to do it? Ortega: Yes P: Less wanting to do it because of MJ's condition? O: Yes. Panish: Because you cared about MJ's condition? Ortega: Yes (ABC7)
Panish asked if at times Ortega would want to meet with MJ alone. Ortega said yes. "In order to get into each other's head and for me to be in the same page with MJ on where his plans were for the show," Ortega explained. (ABC7)
Ortega said he was only involved in the negotiation of Travis Payne's payment. (ABC7)
Panish asked if AEG wanted to do production within reasonable costs. "I think that's general position of responsible producers," Ortega said. "I didn't discuss financing with MJ," Ortega said. (ABC7)
Ortega had not worked with MJ for more than 10 years. In terms of creativity, Ortega said not much had changed between the two. Jackson and Travis were more involved in the actual dance steps and performances, Ortega said. (ABC7)
"I think Baryshnikov and Michael battled it up to see who could do more multiple 360s," Ortega testified. Ortega said the turns are called pencil turns, and he compared MJ to the famous ballet dancer Mikhail Baryshnikov. (ABC7)
"My goal was to edit together the pieces to tell a story about what Michael's goals for the show were," Ortega explained. Ortega said he obviously wanted to make Michael look good, but the intention was to tell the story. (ABC7)
Panish showed an email with names of artists who were to be involved in the "This Is It" tour. Ortega said Karen Faye reached out to him, had already spoken with MJ about being part of the crew. Ortega said Bugzee was not the stage manager. He worked under Paul Gongaware as accountant, Ortega explained. "I wouldn't have called him stage manager," Ortega said about Bugzee (Houghdahl). Panish: Did you ask Bugzee to write an email on your behalf? Ortega: Not that I recall (ABC7)
Email on March 25, 2009 from Gongaware to Ortega: Kenny, I'm afraid we may not be able to meet your financial requirements for a deal. I'm totally bummed by this. Couldn't sleep last night trying to figure it out. We need to move forward quickly. Email cont'd: I know, but I haven't been able to find a way to make this work. My deepest, most sincere apology. Paul G (ABC7)
"I remember it had to be approved by Mr. Jackson," Ortega said about the email. He testified he never spoke about money with MJ. Judge asked what "financial requirements" meant to him, and Ortega said it referred to his salary. Panish: Were you surprised? Ortega: Was I surprised? No "Not what I expected, but sometimes negotiations take time," Ortega explained. Panish asked if this was a negotiation tactic? Ortega smiled and answered perhaps. Ortega didn't think the negotiations were dead. He kept working in good faith. Ortega and Payne share the same agent (Julie McDonald). He and Payne continued working without a contract. "It was my hope and in the end we would come to terms," Ortega said. Ortega: It would all work out and I kept the faith that that would happen. Ortega said he performed auditions for dancers, singers, band and interviewed various people for various designer's role. (ABC7)
Ortega doesn't know when he signed his contract. Panish showed a copy of Ortega's contract. It was executed on April 25, 2009. Ortega did not have a written agreement when he did the dancers audition. (ABC7)
Ortega Contract: The principal terms and conditions of Employer and Employee's engagement for the Concerts are set forth in the agreement. (the "Agreement) between Company, on the one hand, and Employer and Employee, on the other hand, as previously confirmed in emails between the parties' representatives, which such emails are attached hereto as Exhibit "A" and incorporated herein by this reference. The contract says Ortega could get a total of $1.5 million, plus $100K for each of the five territories and $250K for the US. (ABC7)
The concerts were supposed to start in London on July 8. Ortega: Michael and I both wanted to extend our time before opening, so I felt comfortable taking the heat (of postponing it). "As a director of the show, I didn't feel we would be ready for the show's original dates," Ortega said. (ABC7)
Email on 5/19/09 from Ortega regarding the postponement of the show: I'm uncomfortable with the way the release reads at this moment. I feel strongly that it is unnecessary and misleading to both of the press and fans to suggest things as "staging is from another planet" or "never before seen staging." We are not doing the Chinese Olympics. (ABC7)
Ortega said they were exaggerating, and that he thought the press release was "creatively misleading." "The show got so big," Ortega explained, saying he needed an extra week to get it ready. Phillips is quoted in release that "this is a one-off adjustment do purely technical reasons and we don't anticipate any further changes." (ABC7)
Ortega met Dr. Murray at the Carolwood home in April or May. He remembers the doctor going to rehearsals once or twice. MJ went to 2 rehearsals at Staples, June 23rd and 24th. Ortega said Dr. Murray was involved in creating Michael's scheduling for rehearsals. It was either Phillips or Paul Gongaware who told Ortega Dr. Murray would be making MJ's schedule and would help MJ get to rehearsal. Panish: Who was responsible for the content of the show? Ortega: Michael Jackson. "First it was Dr. Murray and then Randy helped," Ortega said about MJ's rehearsal schedule. Dr. Murray would give Ortega the schedule rehearsal. Ortega said it was not unusual, but he never had a doctor give him artist's schedule. Panish: Was there a time you were concerned MJ wasn't showing up at rehearsals? Ortega: Yes (ABC7)
Email on June 23, 2009 from Timm Wooley to Bob Taylor: Changes are structural only: KO has responsibility only for the show content & structure in consultation with MJ. Randy Phillips and Dr. Murray are responsible for MJ's rehearsal and attendance. (ABC7)
Panish asked if Ortega had ever seen a situation where a CEO of a company was responsible for the artist's schedule/attendance. Ortega: No (ABC7)
"I just wanted him to come to rehearsal," Ortega said. "In terms of when he came I was willing to structure everything around that." "At some point, it became my number one concern," Ortega said about MJ showing up at rehearsals. (ABC7)
There were 4 calls between Dr. Murray and Ortega on June 18. One lasted 30 minutes. Ortega said they were already in rehearsals and the only reason KO would call Murray was to inquire about MJ's non-appearance at rehearsals. "My own frustrations" Ortega said explaining Murray was creating the schedule, which wasn't working. "He was my lifeline so to speak". Panish: Was Michael coming every day to rehearsal in June? Ortega: No, Panish: Every scheduled day? Ortega: That I don't know. Panish: Were you ever involved in a show where you called a doctor of an artist when he was not coming to rehearsals? Ortega: No. MJ wasn't showing up at all at rehearsals in June, Ortega testified. "I recall MJ not coming to rehearsals for a period of time in June." Panish: Remember yourself having serious frustration on June 18th? Ortega: Yes"That all we worked, MJ and I, this dream, this goal he and I had, tis desire, was going to fall away," Ortega explained.Ortega said MJ was his directing partner, he needed the artist to get the show on the road. (ABC7)
On Jun 19, there were several calls between Ortega and Dr. Murray. Ortega remembers this date because there was an issue with MJ. Ortega's first phone call was at 11:25 am and MJ was not at rehearsal. Panish: Did you learn they had an intervention? Ortega: I remember there was plan to get schedule in order, it was my feeling we weren't going to make it, there was plan to make it clear. Before June 19, Ortega said MJ hadn't come to rehearsals for a "good week," but it could've been more. They were supposed to leave for London on July 3, so they has 10-12 rehearsals remaining. "On the 19th I had more than a serious concern that the show could go on," Ortega said. Panish: You had serious doubt? Ortega: Yes. They were going to rehearse in London as well. As of June 19th, Ortega hadn't seen MJ for a week or more. On June 19, there was a fitting to take place. Michael showed up but very late, Ortega said. Ortega explained it was hard for him as a director to work like that, so he went to AEG's high ups. Ortega said on June 19th MJ was cold, shivering. "He was slow at growing into the show," Ortega explained. Panish: How about losing weight? Ortega: I had a concern, yes Panish: How about balance issues? Ortega: Yes. Regarding MJ's balance, Ortega said there was a period of time it wasn't as good as it had been. Ortega said MJ complained of back pain. (ABC7)
Panish: Did he seem lost? Ortega: Yes, on the 19th P: Did he seem paranoid? O: Yes
Panish: Did you think he was communicating with clarity? Ortega: No. For part of the evening. He got better (ABC7)
Panish showed an email from Alif Sankey expressing concerns about MJ on June 4. Ortega: The choreographer is not responsible for the artist's physical/emotional, but if they see something they are to report to director. June 13th, Payne wrote an email saying MJ was taking a sick day, per doctor's order. On Jun 14, Ortega wrote to Gongaware that MJ was not allowed to attend the rehearsals the day, asked about MJ's nourishment/therapy. Ortega said the intention was to get assistance in trying to help Michael in every way possible so he could go to rehearsal. (ABC7)
Zusammenfassung von Ivy, MJJC #47
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7Zuletzt geändert von rip.michael; 13.07.2013, 21:57.
Kommentar
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Jacksons vs AEG - Day 46 – July 10 2013 – Summary
Katherine and Trent Jackson are in court
Kenny Ortega Testimony
Jackson direct
Ortega said he didn't review anything since yesterday. (ABC7)
Ortega received a daily rate to work in The Rolling Stones tour. The amount was negotiated/set by his agent. (ABC7) Plaintiff’s attorney Brian Panish asked Ortega about how he was paid when he worked with the Rolling Stones. Ortega said he got a per diem. (AP)
AEG is paying for Ortega's attorney in this case and he's getting a witness fee of $35/day (ABC7). Panish then asked whether Ortega was being paid by AEG for his testimony. Ortega said no.(AP)
At the start of his testimony, Kenny Ortega was asked about the phrase “pull the plug” in reference to “This Is It” shows. Ortega said it’s a phrase he uses, but he didn’t recall AEG Live CEO Randy Phillips using it re: “This Is It.” (AP)Panish: Pull the plug, is that a term you use? Ortega: Yes. Panish asked if Ortega suggested to pull the plug on MJ. Ortega responded: "I may, not regarding MJ, but the show." Panish: Did Mr. Phillips talk about pulling the plug? Ortega: I don't know if he used that terminology, but we did discuss stopping the show. The discussion happened when MJ was absent from rehearsals, Ortega said. The director wrote an email suggesting to stop the show. Ortega said he discussed with Phillips if things didn't change they might've to stop show."Without Michael I don't know how we can continue". Panish: Did you use term "pull the plug?" Ortega: I may have. (ABC7) Jackson had missed "a good week" of rehearsals and the only way to reach him was through Dr. Conrad Murray Ortega said. "We discussed that unless things changed," they might have to "pull the plug" on the tour. (CNN) Ortega initially said he thought that he and Phillips discussed stopping the show, but then clarified. Ortega: “I don’t think we discussed stopping the show. I think we discussed that unless things changed, we might have to.” (AP)
Panish asked Ortega whether he was aware of AEG Live execs wanting to “pull the plug” on him. He said he wasn’t. (AP)
About email Ortega sent Gongaware asking if he knew Dr. Murray ordered MJ not to rehearse, Ortega said he wanted to alert AEG about it. Panish: Have you ever been on a show where doctor told artist not to rehearse? Ortega: I think I worked in a show where artists were sick. (ABC7)
After a poor rehearsal on Friday, June 13, and a missed rehearsal the next day, Ortega expressed his concern in an e-mail to AEG Live co-CEO Paul Gongaware: "Were you aware that MJ's Doctor didn't permit him to attend rehearsals yesterday? Are Randy and Frank (DiLeo, another Jackson manager) aware of this? Please have them stay on top of his health situation without invading MJ's privacy. It might be a good idea to talk with his Doctor to make sure everything MJ requires is in place." The AEG Live executives later told him they met with Murray and put him in charge of getting Jackson to rehearsals, Ortega said. The director said he was told that if he needed to know if Jackson was coming to a rehearsal, he should call the doctor. Ortega was given Murray's cell phone number, which he said he programmed into his own phone. After Jackson was a no-show for another week, Ortega had a 30-minute conversation with Murray."I was told he was creating the schedule and the schedule wasn't working," Ortega testified. "He was my lifeline, so to speak." Ortega said he was venting his frustrations with Jackson and was "crying out." (CNN)
Email on June 14, 2009 from Ortega to Gongaware: Paul, MJ did not have a good Friday and he didn't show on Saturday. He has been habitually late (the norm). I realize he's up against a lot. I have ton of love/sympathy 4 what he's been through We must do all that we can as a team to stay on top of his needs everyday. He required more attention and management. As I mentioned I truly believe he needs nourishment guidance & physical therapy (massage) for his fatigued muscles & injuries He is not in great physical shape. I believe he's hurting. He has been slow at grabbing hold of the work. We have twenty days we can't let him slip. I'm doing all I can every day 2 build up his confidence & to create schedule that will help 2 ready him and to arrive us at our goals. Every time he is late or cancels it chisels away that possibility. There can be no more calls 2 Travis asking him to come to the house. MJ needs to be told that it's time to get real. He must take care of himself so that he can meet the schedule or there are going to be consequences. We need a healthy, rested and ready MJ at the Forum and Staples for all the remaining rehearsals as well as the few we have at the O2 in July. Thanks, KO (ABC7)
Kenny Ortega discussed emails he sent on June 14, 2009 regarding Jackson’s missed rehearsals, poor condition. Ortega email snippet: “He is not in great physical shape. I believe he’s hurting. He has been slow at grabbing hold of the work.” This email was sent roughly a month before “This Is It” was scheduled to premiere at the O2 Arena. Ortega said he had serious concerns at this point whether or not the “This Is It” shows would happen. (AP)
Ortega said he just wanted to make sure MJ had all health benefits available to be able to do the show. (ABC7)
Email on Jun 14, 2009 from Gongaware to Ortega: Frank and I have discussed it already and have requested a face-to-face meeting with doctor. We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him. (ABC7)
As to Gongaware's email, Ortega said he didn't know whether he discussed it with Gongaware. (ABC7)
Panish: Would it be fair to say as of June 14, 2009, you thought the show was in jeopardy? Ortega: Yes
Panish: Would it be fair to say as of June 14, 2009, everyone was under pressure? Ortega: Yes (ABC7)
Panish asked if Payne ever told Ortega MJ looked assisted when coming 2 rehearsal. Ortega said he doesn't remember if he used that word. Ortega said he understands being assisted to mean under the influence of something. (ABC7) Ortega was then asked about Jackson showing up to rehearsal and being under the influence of something. He said he didn’t recall Travis Payne telling him Jackson looked “assisted” but he doesn’t dispute it happened.(AP)
"I don't have any idea in which capacity, but I knew he was, he was introduced to me as his doctor," Ortega said about Dr. Murray. (ABC7)
Ortega said he doesn't recall the conversation with Payne about MJ being treated for sleeping problems. He doesn't dispute that he may have. Ortega: I believe I was under the impression Michael was seeing doctor. I believe when he showed up like that he had been to a doctor. "I just didn't need Mr. Payne to make me aware of it," Ortega said, explaining he could see the problems himself. Panish: You saw, at least 4 times, MJ come to rehearsal in a condition you'd describe as under the influence? Ortega: Yes. Ortega said he's not a specialist in drug addiction. Panish asked if he had discussion with Payne about it. Ortega: I don't recall the conversation, but most likely yes, I'm not disputing his testimony. (ABC7) Ortega said he saw Jackson under the influence of something _ he didn’t know what _ during at least 4 rehearsals. Panish: “It was fairly obvious, wasn’t it?” Ortega: “Yes.” (AP)
Panish: Do you know if at this time AEG had sick cancellation? Ortega: No. Ortega said he had been insured for big events, like the Olympics. He took physical examination for it. (ABC7)
Ortega said Karen Faye, Travis Payne, Alif Sankey, assistants Stacy Walker and James Faris raised concerns about MJ's physical condition. "I don't think everyone spoke about it, but they were aware and concerned," Ortega said. (ABC7) Later, Ortega would identify Payne, Karen Faye, and Alif Sankey as workers who expressed concerns about Jackson being under the influence. The director also said that Stacy Walker, who previously testified, expressed concern. (AP)
Ortega and Faye don't get along on a personal level, Ortega said. "I did think she was looking after Michael's best interests," Ortega said about Faye. She did not keep MJ secluded this time around, though. (ABC7)
Michael Bearden was the musical director in "This Is It" in charge of the music. Ortega said he's top notch, very respected in the business. Panish asked if Bearden was also concerned with MJ's health. "He may have, yes," Ortega responded. Bearden is brilliant, successful musician. (ABC7)
Email On June 16 from Bearden to Ortega: Hey guys! on MJ's lead vocal re-sings. I'm not sure if we're going to get what we need in time. I'd like 2 try 2 get some alternate takes or un-processed leads from the vault if we can. I can go in with M Prince and re-mix the stuff we need on the 22nd (our proposed media day). I we can get everything we need from the vault I can use what we have and take out ad libs and such to try to make it feel new. MJ is not in shape enough yet to sing this stuff live and dance at the same time. He can use the ballads to sing live and get his stamina back up. Once he's healthy enough and has more strength I have full confidence he can sing the majorityof the show live. His voices sounds amazing right now, he just needs to build it back up. (ABC7)
“He wasn't vocal ready yet, not in shape to sing and dance," Ortega said about MJ. Ortega explained MJ was still building back his voice, that's what Bearden was referring, to have power to sing/dance the entire show. This exchange happened about 18 days prior to opening day. (ABC7) Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Bearden in the email wrote that Jackson’s voice was fine, he just wanted strong enough to dance and sing at the same time. (AP)
Response on June 16, 2009 from Ortega I have a 2:30 at MJ's house today with Frank, Randy, Paul and he Doctor. I will add your concerns/requests 2 an ever growing list of items I already plan 2 discuss w/ MJ. The plan is he's joining us tonight for band work. How many individual vocals are we talking about? If he put his mind to it, how long would it take? (ABC7)
"Not necessarily to be done, but things I needed Michael to give his input," Ortega said. (ABC7)
Ortega doesn't remember if he went to MJ's house on June 16. He's not disputing he did, though. "I would call the meeting on the 20th an intervention," Ortega said. "I could've had this meeting, but there were just so much going on, I could've been there on the 16th, I just don't recall," Ortega said. Ortega explained he doesn't remember anyone telling him not to go to the June 16th meeting. (ABC7)
Panish then asked Ortega whether he went to Jackson’s house for a meeting on June 16, 2009. KO said he didn’t remember going to the house. Panish showed Ortega an email indicating he was planning to go to a meeting with Randy Phillips, others. Ortega said he had so much going on at the time, he just doesn’t remember it. “I could have had this meeting,” he said. Panish asked whether things got better or worse after the June 16 meeting at MJ’s house. Ortega said they got worse. (AP)
It was that then that Ortega testified about the night of June 19, 2009 and being “frightened” by Jackson’s condition. (AP) Ortega doesn't recall whether MJ was at the rehearsals on June 16, 17 and 18. He knows MJ was at the rehearsal on June 19. Ortega said MJ arrived at night to rehearse on June 19, probably in the evening around 9 o'clock. "I saw a Michael that frightened me, a Michael that was shivering and cold," Ortega said. Ortega: He, I thought there was something emotionally going, on, deeply emotional, thought something physical going on. He was cold. Panish: Troubling? Ortega: Very troubling As to his physical condition, Ortega said MJ was shivering, just seemed fragile. Panish: Skinny? Ortega: Skinny? No, he wasn't a heavy person to begin with. It wasn't weight I was concerned on, it was his appearance. Panish: Did it appear he had lost weight? Ortega: Yes. "I observed Michael like I had never seen him before," Ortega said. It troubled me deeply, he appeared lost, cold, afraid.". Ortega said MJ was coherent. "I think when he first came in he didn't seem coherent, but when I started talking to him he became better." Ortega: He seemed to warm up and feel a little better, but he wasn't well. Panish: Did you feel something was wrong? Ortega: Yes. Not well enough to rehearse. Ortega: I was in a room, right off the main room. I think MJ was already in the room. Karen called me and asked me to come in to the room (ABC7)
Panish showed picture of MJ's fitting on June 19th and asked if that's how he always looked. Ortega: No. I didn't see him in T-shirt, so I wouldn't know he was that thin. Panish: Is that how he always looked? Ortega: No P: What was different? O: His body, he looked very thin P: A little emaciated? O: Yes. Ortega said MJ was covered when he saw him on June 19th, so he didn't see him like the photo. Panish: Did you ever seen his like that before? Ortega: No (ABC7)
"I remember asking for food, I asked if MJ had eaten" Ortega recalled. "I remember calling the doctor, I was very upset and I was concerned". "I wanted someone who's a professional to be aware that Michael showed up in that condition," Ortega explained. Ortega: I know that I did my best to provide for Michael. I don't recall if the doctor ever answered the phone or I kept leaving voicemails. Ortega: We talked, Karen put a heater on the floor, took off his shoes, I began rubbing his feet, he said it felt very good. Ortega said MJ told him he never had his feet massaged before. "I couldn't believe it!" Ortega said. Ortega said he cut up the salad, Michael ate, they talked and Michael said he didn't want to go home, he wanted to watch the rehearsal. Ortega said Michael asked that Travis Payne be on stage and be him, so he could seat with the director and see it.
Panish: Do you remember crying? Ortega: Yes.
Panish: Were you crying because you were concerned with Michael? Ortega: Yes
P: Overreacting? O: No P: Being a drama queen? O: No P: Serious concern? O: Yes
Panish: And you did everything you could? Ortega: Yes, that I could think about it
Panish: Did you try to tell AEG there was a problem? Ortega: I believe you have records of it (ABC7)
Panish showed email chain "Trouble At The Front". Ortega said he sent emails to AEG only when he thought it was absolutely necessary. Ortega took a deep breath. Panish asked him if he was alright. He answered let’s keep going, please. Email from Leiweke to Phillips asking to set up a meeting. Then Phillips forwarded the email to KO asking him to be present at the meeting. Ortega: I thought Michael had a problem on the 19th. I wasn't thinking about the production on the 19th. I was only thinking about Michael! (ABC7)
Email on 6/19/09 from John Hougdahl to Gongaware and Phillips Subject: Trouble at the front Paul/Randy I'm not being 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 - get hurt. The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons. Bugzee (ABC7)
"This isn't my email, I didn't ask him to write this email, I asked him to reach out to Paul and Randy" Ortega said. "These aren't my words". "I made him aware of the situation," Ortega said about Hougdahl. "I don't even know I personally said it to him or sent someone else." (ABC7)
Ortega: I didn't leave MJ's side until he left. I wanted to be with him, I didn't want to leave his side. Ortega said he remembers having thoughts at the Staples Center and typed his email probably while still there. Ortega said he didn't respond to the chain of emails, but was only offering his accounting of the day. (ABC7)
“I thought Michael had a problem on the 19th,” Ortega said. “I wasn’t thinking about the ('This Is It') production on the 19th.” Ortega appeared bothered when Panish asked him about being concerned for the production. “I was only thinking about Michael,” he said. The court took a 10 minute break around this point. When they came back, Ortega read one of his emails sent after the June 19 rehearsal. (AP)
"Trouble At The Front" Email: Ortega wrote: I will do whatever I can to be of help with this situation. My concern is now that we've brought the Doctor in to the fold and have played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff. He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it's going to take a strong Therapist to help him through this as well as immediate physical nurturing. I was told by our choreographer that during the artists costume fitting with his designer tonight they noticed he's lost more weight. As far as I can tell, there's no one taking responsibility (caring for) for him on a daily basis. Where was his assistant tonight? Tonight I was feeding him, wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important for everyone 2 know, I believe that really he 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. He asked me repeatedly tonight if i was going to leave him. He was practically begging for my confidence. It broke my heart. ( Ortega began to cry while reading this part of the email.) He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs. (ABC7)
Ortega broke down while reading the email. After reading the line, “It broke my heart. He’s like a lost boy,” he had to stop. “I’m not OK right now,” he told the court. The judge asked if he needed a break. He said he just wanted a second, but judge ordered recess. (AP) "I'm not ok right now," Ortega said. Judge asked if he wanted a break, he asked for a few minutes. Judge gave a 10-minute break. After the break, Ortega apologized to everyone. Testimony resumed. (ABC7) As Ortega read the email out loud, he paused between words, then began to cry. He took off his wire-rimmed glasses and wiped his eyes with a tissue. "I'm not OK right now," he said, and the judge called a 10-minute recess. When Ortega returned to the courtroom, he could be overheard telling Brian Panish, the Jackson family's attorney: "It's devastating." (LATimes)
Panish showed phone records of Ortega where he called Dr. Murray several times on June 19th. Ortega said he doesn't remember speaking with the doctor. He said he believes he did the best he could to reach him, though.(ABC7)
Although Jackson showed up on June 19, he was "cold, shivering" and unable to rehearse, Ortega said. "On the 19th I had more than a serious concern. I didn't think it was going to go on." With just a dozen days left for rehearsals before the touring company moved to London for the opening, Ortega testified, he was worried "that all that we had worked for together, Michael and I -- this dream, this desire -- was going to fall away." He sent a series of e-mails to AEG Live executives warning that Jackson needed "a top psychiatrist to evaluate him ASAP." Ortega and Murray exchanged 11 calls that next day, according to phone records. They discussed "a plan to get the schedule in order, because it was my feeling that we weren't going to make it," Ortega testified.(CNN)
I saw a Michael that frightened me," Ortega testified. He said Jackson, who had come to the Forum, where rehearsals were taking place, for a costume fitting, looked emaciated. "I observed Michael like I had never seen him before, and it troubled me deeply, " Ortega said.Ortega called Murray several times but never spoke to him that night.He said there was no question Jackson needed a doctor. “I wanted someone who was a professional to be aware that Michael had showed up in this condition,” he said. (LAtimes)
After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes. Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray. (AP)
Panish: Did you have a concern about Dr. Murray at this time?
Ortega: I really didn't know what Dr. Murray did, but Michael showing up in this condition, I had a concern.
"I was concerned about Michael being in this state when he had a doctor," Ortega said. (ABC7)
"The doctor in the fold means he was in charge of Michael's schedule and it involved me," Ortega said. "I believe this was something else, it was not the tough love, you have to show up of this is not going to happen," Ortega said. "It was real emotional stuff," Ortega testified. "I just felt he wasn't present, he wasn't there. Ortega: I'm not a doctor, I just felt there was something going on, more than physical. My response was to have a professional evaluate him (ABC7)
Panish: And you had a real concern with Dr. Murray? Ortega: Yes. Panish asked if Ortega thought MJ was not being cared for. "Not at the level I'd expected Michael deserved," he answered. (ABC7)
Panish asked Ortega about a line in his email in which he described feeding Jackson. Ortega said he didn’t literally feed him. (AP) "I was not feeding (MJ) literally, I did not feed Michael," Ortega said. Panish: Were you scared about Michael? Ortega: Absolutely in the beginning, a little less in the end, when he was a little warm, better. Ortega: I tried the doctor, who I thought it would be the most natural, and then reached out to AEG, Michael's partners, for help. (ABC7) Kenny Ortega agreed when plaintiff's attorney Brian Panish asked him whether the email was a “cry for help.” (AP)
The director said he called Murray repeatedly that night, that he was most natural person to reach out to for help. Then he informed AEG. Ortega said he was willing to walk away from the show at this point, leaving it without a director. "I think it would have severely injured the possibility of the show going on," Kenny Ortega said. (AP) Ortega said he could've walked away, and MJ would've been left without a director. "I didn't believe it could go forward at this point, at this night" Ortega said. "I wanted it for him, I know it was what he wanted for himself" (ABC7)
"He seems lost, not like the Michael I'd seen," Ortega said. "I couldn't see his body but his physical presence wasn't what I had seen last". Ortega said he believes his email was a strong suggestion that MJ needed to be seen by a doctor for his psychological condition. (ABC7) "I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."Jackson's condition prevented the singer from rehearsing that day. Ortega said. (AP) "On the 19th (of June) I had more than a serious concern," Kenny Ortega testified. "I didn't think it was going to go on." (CNN)
Ortega said he didn't see Randy until next day, on the 20th, when he was at the meeting at Carolwood house. Panish: Did you discuss with Randy Phillips, 5 days before MJ's death, about pulling the plug? Ortega: Not that I recall. Panish: How would MJ be if show was canceled? Ortega: I know how deeply it mattered to him to do these shows. "I said I thought it would break his heart," Ortega explained. (ABC7)
Ortega said he doesn't remember an email response from Randy Phillips to his email.(ABC7)
Email from Phillips: Kenny, I will call you when I figure this out. We have a person like that, Brigitte, who's in London advancing his stay. We will bring her back ASAP and Frank, too, however, I'm stymied on who to bring in as a therapistand how they can get through to him in such a short time. (ABC7)
After the lunch break, Panish asked Ortega about emails he exchanged with Randy Phillips on June 20, 2009. Phillips, after reading Ortega’s email from earlier that day, wrote back that he would call “when I figure this out.” Phillips added that despite Ortega’s suggestion that Jackson needed a therapist, Phillips said he was “stymied” about who to bring in. Phillips also questioned how effective a therapist would be. Panish: “Were you stymied about getting a therapist involved?” Ortega said no. (AP)
Panish: You were not concerned with the business side, but with Michael Jackson? Ortega: Yes. Ortega: I didn't want to break Michael's heart, I was torn. My instinct was to stop the show, but I didn't want to break Michael's heart. (ABC7) Ortega said he was torn about whether “This Is It” should continue. “My instinct was we should stop,” he said. But Ortega knew MJ wanted to keep going (AP)
Ortega responded Phillips: Randy, I'm at home awaiting your call or instructions. I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state. It is reminiscent of what Karen, Bush, Travis and I remembered just before he fainted causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the best thing we can do it is get a top Psychiatrist on to evaluate him ASAP. It's like there are two people there. On (deep inside) trying to hold on to what he was and still can be and not wanting us to quit on him, the other in this weakened and troubled state. (ABC7)
He said after sending a reply to Phillips, he got a call telling him about a meeting at Jackson’s mansion later that day. That afternoon, he said he received an email from Phillips urging him and everyone not to “become amateur psychiatrists or physicians.” (AP)
Ortega: He was afraid for one thing I was going to leave him. Anxiety: he was anxious he didn't want me to leave or quit. Ortega: Obsessive behavior: he was repeating for me not to quit or eave him. "There was no question in my mind that Michael wanted to do the shows," Ortega said. Ortega: 'There's nothing to be afraid of, we are going to do this, This Is It.' That's the Michael I had allegiance to. (ABC7)
Phillips responded to Ortega that he not be an amateur psychiatrist. Ortega said that was not his intention. Ortega said he does not know whether Dr. Murray was ever successful, unbiased and ethical. The director did not check the doctor out himself. Ortega didn't think Dr. Murray was giving good care to MJ. (ABC7) The email included Phillips’ statement that AEG Live had checked out Conrad Murray and that he was “unbiased and ethical.” Ortega had only had one previous conversation with Murray. He said he didn’t know if he was successful, ethical or had been checked out. Phillips also said they needed to “surround Mike with love and support.” Ortega said that’s what he’d been trying to do. (AP)
Panish asked Ortega whether he was the “kind of guy that yells at people and throws tantrums, or tries to work with them?” Ortega: “Both.” Kenny Ortega’s response brought some laughter to the courtroom, including from the jury. (AP)
Panish: Do you think you were trying to sound an alarm? Ortega: Yes P: Raise a red flag? O: Yes
Panish: Were you trying to concern Mr. Phillips about this situation? Ortega: Yes P: Why? O: Because I was concerned. (ABC7)
"I saw something that troubled me deeply and I felt it needed attention," Ortega said. Ortega: I had seen something deeply troubling and I wanted to be taken seriously. "I felt Michael was in trouble and needed help," Ortega said. Panish: If Phillips were more concerned about getting the show on the road rather than MJ, would that worry you? Ortega: Yes, because they were talking about a person's health, I was more concerned about Michael's health than anything else at that time. Phillips testified he thought Ortega was entrenched in the situation and not being open minded. Ortega disagreed with Phillips' perception. "I got the impression that Randy would be looking over and investigate himself," Ortega explained. Panish: Did Randy Phillips ever tell you what the problem with MJ was? Ortega: No. Dr. Murray, in some capacity, tried to tell Ortega what was happening. But the director never got an answer to what was wrong with MJ. Ortega: I wanted it to be taken care of, whatever it was, I wanted it looked into and taken care of.(ABC7)
The Phillips response is one of several emails Ortega says he’s seen, but can’t remember receiving or reading it in June 2009. Panish asked Ortega whether he knew that Phillips had written others say that the director was starting to concern him. Ortega said no. (AP)
Ortega said he was trying to concern Phillips because he was alarmed by what he’d seen on night of June 19th. Ortega: “I saw something that troubled me deeply and I thought it needed attention.” Ortega said he trusted Phillips and he got the impression that the executive was going to try to get to the bottom of Jackson’s problems. Panish: “Given what ultimately happened to Michael, do you think you were overreacting?” Ortega replied, “No.” Ortega said he’d never seen Jackson in as poor condition as he was on the night of June 19, 2009. He said this left him stressed. (AP)
Panish: In all the time you knew MJ, did you ever see him in the condition he was on June 19th? Ortega: No
"I just wanted Michael to be ok," Phillips said. He trusted both Phillips and Gongaware.
Panish: Do you know how you felt? Ortega: I was stressed P: Distraught? O: Yes (ABC7)
Gongaware told Ortega about the meeting on the 20th. Neither Phillips nor Dr. Murray ever told Ortega they spoke on the phone for 20 mins. Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house. Ortega said when he realized the meeting was about him, he stood up to express his feelings. Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour. Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips. Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns. Ortega described the meeting as "accusatory." Panish: Who was the one being accused? Ortega: Me P: Who was accusing you? O: Dr. Murray. Dr. Murray was upset with Ortega, the director said. Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray? Ortega: Yes, through email. Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point. (ABC7)
Panish: Did you think MJ was in decline? Ortega: Yes
Panish; Was he mentally able and stable? Ortega: I certainly didn't think on June 19th. (ABC7)
Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained. Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened. Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show. "I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted. Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded. Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you! (ABC7)
Panish: Did Michael stick up for you? Ortega: Yes. Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse. Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance. Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him. Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that. MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said. "Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ. Ortega said MJ responded 'I know, I know, I love you, I will take the reins.' (ABC7)
He then recounted the June 20 meeting at Michael Jackson’s mansion. He said he stood for most of the meeting. Panish asked Ortega to use a word to describe the meeting. He asked for a moment, then replied, “Accusatory.” Ortega said Murray was upset with him, told him not to be an amateur physician or psychiatrist. Ortega said he was shocked at the reaction. He said Murray told him that Jackson was fine and could handle the show. “I was flabbergasted,” Ortega said. He said he was insulted. Panish: “Have you ever been treated like that.” Ortega replied, “Oh sure.” Jury laughed at the response. Ortega referenced his long showbiz career and said he’d been in some difficult meetings, but had never been talked to that way by a doctor. He said Jackson came to his defense, but only after he prompted him. He said it seemed like Jackson told Murray different versions. That led to Murray and Jackson getting in a disagreement. It wasn’t with the same intensity, though, Ortega said. Ortega said Jackson then told him not to be afraid and he would “’take the reins. You’ll see,’” he recalled Jackson telling him. (AP)
Panish: And 5 days later Michael was dead Ortega: Yes (ABC7)
When Michael Jackson showed up at rehearsal on June 23, Ortega said: "It was miraculous!" Ortega: Whatever the flu, whatever it was, it was just not present. I didn't ask questions, I was just overjoyed. Ortega said everyone noticed the drastic change. "I didn't know anything about any medication." "He had a metamorphosis," Ortega said, in awe. "Pretty extraordinary." "I doubted myself, I remember going did I see something?" Ortega said. Michael just didn't seem the Michael he saw on June 19th. (ABC7)
The production was off for a few days, then Jackson returned to rehearsals on June 23rd. It was miraculous,” Ortega said. “All of a sudden, it was a miraculous recovery,” Ortega said. “Whatever the flu or whatever it was, wasn’t there.” Ortega of Jackson on June 23, 2009: “For some reason, all of a sudden, he looked like he had risen from the dead. He had a metamorphosis.” Ortega said Jackson’s transformation led him to doubt himself. He said he was like someone who had a short illness. It seemed like Jackson had gotten some “real sleep,” Ortega said of Jackson. (AP)
Panish: Do you know if Dr. Murray had stopped giving MJ Propofol? Ortega: I had no idea (ABC7) Panish asked whether Ortega knew if Jackson’s recovery was because Murray stopped giving him medications. Ortega said he didn’t know.(AP)
Earth song was the last song Michael rehearse. Panish asked if MJ did it well. Ortega smiled and answered yes. Ortega takes very deep breath. (ABC7) Panish then asked Ortega about the last song Jackson performed. It was “Earth Song” on the night of June 24, 2009. Ortega began to get emotional again. He was taking deep breaths at points. He recounted hearing that Jackson had died from Gongaware. (AP)
Panish played a clip of “Earth Song” in which Jackson is wearing a long jacket. The lawyer asked Ortega if Staples Center was cold. “Those places are like refrigerators,” Ortega replied. He said Jackson had a blanket wrapped around him, but not like 5 days earlier. (AP)
Panish: What happened the next day? Ortega: Michael died (Ortega's voice cracked a little). "I was standing on the stage, waiting for Michael," Ortega recalled. The director said Staples Center was like refrigerators, so cold. Panish show video of Earth song. This is the last song he rehearsed, Ortega said. He was bundled up in several layers of clothing. Ortega's favorite songs are: 1- Man in the Mirror 2- Billie Jean 3- 100 other songs all tied in the 3rd place. (ABC7)
Ortega said on June 25th, he was under the impression that Randy Phillips was on his way to Jackson’s home to pick him up for rehearsals. (AP) Phillips was to pick MJ up at the Carolwood house to bring MJ to rehearsal. Obviously, he never showed up, Panish noted. Gongaware called Ortega from the hospital. "Our boy is gone," Ortega said Gongaware told him. But Ortega said he didn't believe him. "I said I'm not trusting this is Paul Gongaware." Ortega said Gongaware told him to sit down. Ortega asked Gongaware to tell him something only the 2 would know 2 prove it was Gongaware. "You have to sit down and get a hold of yourself," Gongaware told Ortega on the phone. "Listen to me, Michael's gone." "I wanted to believe it was some weirdo calling me, it was a very awkward phone call and I didn't want to believe him," Ortega testified. (ABC7) Ortega then recounted the call from Gongaware about Jackson’s death. Gongaware said, “’Our boy is gone,” the director said. He said he thought it was a prank call and didn’t believe it. Gongaware somehow convinced him he was telling the truth. (AP)
Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said. (ABC7)
Ortega said they never did a full run-through of the show.(ABC7)
Ortega believes AEG paid him everything they owed him for the work done. Sony paid him for the musical documentary. Ortega said he believes Sony kept all the film in a vault so the video would not get leaked. (ABC7)
Ortega said MJ's intention was 2 take the show out 2 the world one more time and end it in the US. Ortega would get bonuses if that happened. Judge asked why he'd get bonus if his job was done. Ortega said it's like getting royalties, since he was one of the creators of the show. Ortega said MJ had intention to do movies inspired in his songs "Thriller" and "Smooth Criminal." Panish: How did you react? Ortega: Yes, please! (ABC7)
Panish asked what was MJ's background. Ortega: He invented music video, the list goes on and on. He raised the bar in every are he worked in.Ortega said MJ was fantastic songwriter, singer, musician, dancer and also a filmmaker. "We worked together really, really well" Ortega said. Ortega recalled they had a chance to work together on "This Is It," they made 4 short films. Panish showed picture of MJ looking at the viewfinder of the camera used to film movies, Ortega next to him. "Anything Michael wanted to do with me I was interested in," Ortega said. (ABC7)
Panish asked Ortega several questions about the making of “This Is It” before taking the afternoon break. When they returned, Panish asked about Jackson’s passion for filmmaking. He struggled to remember the name of one Jackson work. Panish couldn’t remember it either, so the lawyer turned and bent down into the audience and asked Katherine Jackson. “Captain Eo,” she said Panish then showed several photos of Jackson and Ortega together. One was a side-shot of them walking, and one of MJ’s children was there. Ortega, who’s phone calls had been discussed earlier, quipped, “You don’t show my telephone number, but you show my profile.” Jury laughed. Panish apologized, and then they tried to figure out whether it was Prince or Paris in the photo because he/she was wearing a mask. Ortega said he thought the masked child was Prince, but wasn’t sure. Panish then asked about Jackson’s children. (AP)
Photo of MJ, Ortega and young Prince: "Attractive," Ortega joked. "You didn't show my phone number, but showed my profile! Ortega: Along w/ the way he talked about his mother, the kids were the single greatest blessing, brought the greatest happiness to his world. Ortega said MJ gave them Christmas every day of the year. "There was just evidence of fun." Ortega: He was just there for them, he was concerned about them, he was parental. Regarding the children, Ortega said: "They loved their father, it was very clear, very evident, it was obvious." "He loved her dearly," Ortega said about MJ and Katherine Jackson. "He cared deeply about her." (ABC7) The director recounted going to Jackson’s mansion in April and finding Christmas decorations everywhere. “He gave them Christmas every day of the year,” Ortega said. There were also paper airplanes thrown everywhere, he recalled. Panish asked about Jackson’s love for his mother, which Ortega said was “very clear, very obvious.” He then ended his questioning. (AP)
Panish said he has no further questions at this time.
AEG cross
AEG's attorney, Marvin Putnam, did cross examination.(ABC7) He told jury that Ortega would be leaving for a few weeks, so he had to hurry. (AP)
Ortega said AEG is paying his legal fees because it is their contractual obligation to do so. It's written in his contract. (ABC7) Putnam asked about AEG paying Ortega’s legal fees. Ortega said it was because they were contractually obligated to. Ortega: “They probably wouldn’t want to pay my legal fees,” he said. Ortega said the payments didn’t sway his testimony. (AP)
Putnam referred back to June 19th. Ortega reiterated that he did everything he could that night. Ortega said he had been worried about MJ's mental state before during the HBO Concerts in 1995. "I thought he was anxious," he said. No one from AEG was present during the 95 incident. Ortega said it was different from the 19th, though. In 95, he was anxious, unhappy. Ortega explained the 1995 one was the only experience he had with MJ that was similar. Ortega had never seen MJ physically weak like he saw him on the 19th. (ABC7)
Putnam asked whether the night of June 19, 2009 was the first time Ortega was worried about Jackson’s psychological state. He said no. Ortega said the other time was in 1995 during preparations for an HBO special. It wasn’t as bad then, he said. The director said Jackson seemed anxious about that show and changed that were being make creatively. Putnam asked whether Phillips or Gongaware were involved then. Ortega said no. (And AEG Live wasn’t in existence.) (AP)
MJ got better as the night went on on June 19th. "He was just more articulated, in the room, warm, engaged and calmed," Ortega said. (ABC7)
Ortega said the 1st day he met Murray, MJ introduced him as "my doctor." Putnam asked if MJ said Murray was the tour doctor. Ortega said no (ABC7) Putnam asked about when Ortega first met Murray. He said it was in March or April, and Murray was introduced as MJ’s personal doctor. Ortega said he only saw Murray three or four times before the meeting on June 20, 2009.(AP)
Putnam asked about Ortega’s lack of recollection about certain emails. The director said he didn’t read every email at the time. Putnam: “The fact that you don’t remember a specific email doesn’t mean you were being evasive?” Ortega replied no. (AP) Putnam: Are you trying to be evasive? Ortega: No, I'm trying to do my best (ABC7)
The lawyer went over the “trouble at the Front” email from production manager John “Bugzhee” Hougdahl. Then Putnam asked about Ortega’s impressions of Phillips. “I thought he was a professional,” Ortega said. Putnam showed Ortega the span of time between Bugzee’s email reporting problems to Phillips and some of the exec’s responses, abt 15 hours. Putnam asked Ortega if it was understandable that Phillips may have been confused by the conflicting info he was receiving. Yes, he replied. Putnam asked Ortega about how he thought Phillips and Gongaware viewed Jackson. “I felt they loved him,” he said. Ortega said there wasn’t any reason for him to think that Phillips and Gongaware didn’t still love Jackson. He said he believed the execs cared for Jackson “because of the way they supported him throughout the entire venture.” (AP)
Putnam showed Ortega's phone records on June 19th. There are 2 calls from Ortega to Dr. Murray and 1 from Murray to Ortega, all very short. After the calls to Dr. Murray, Ortega said Michael was eating, they had late conversation, he was rubbing his feet. Ortega: Michael wanting to stay and watch, we went on stage, Travis stood in for MJ, we did pyrotechnics if I'm not mistaken, then MJ left. Ortega didn't contact AEG himself, but asked someone to do it on his behalf. Putnam asked why he wanted to alert AEG about MJ. "Because we were all on the same team," Ortega responded. "I thought we needed to help Michael." Putnam asked if Ortega understands why Phillips was having difficulty figuring out what was going on. In one hand, Ortega was saying there was a problem. On the other hand, Dr. Murray said everything was ok. Ortega answered yes. Putnam asked what Ortega thought Phillips and Gongaware felt about MJ: "I felt they loved him," Ortega responded. Putnam: Any reason to believe they didn't? Ortega: No Putnam: Any reason to believe they don't? Ortega: No. Putnam: Why? "Because of the way that they supported him throughout the entire venture," Ortega said. (ABC7)
Putnam said he's looking fwd to seeing Ortega again in a few weeks. The director has business engagement overseas, won't be back for weeks. (ABC7) Kenny Ortega has to travel for work, so he won't resume testifying until August 1st. Putnam told Ortega, “I look forward to seeing you in a couple weeks, sir.” (AP)
Zusammenfassung von Ivy, MJJC #48
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - zeuge Kenny Ortega
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7Zuletzt geändert von rip.michael; 15.07.2013, 16:45.
Kommentar
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Jacksons vs AEG - Day 47 – July 11 2013 – Summary
Katherine Jackson is in court.
The judge reversed her earlier decision not allowing Jacksons to show the handwritten notes based on hearsay. Jacksons' attorney Debra Chang successfully argued that the notes would be admissible under state and federal evidence code 1250. Chang said there's an exception if it reflects a feeling, emotional or physical reaction. Judge agreed. One note reads: Tohme away from my $ now No contact Where's my house (underlined twice). (ABC7)
Taj Jackson Testimony
Jackson direct
Deborah Chang, attorney for the Jacksons, doing direct examination.
Plaintiff’s attorney Deborah Chang did the questioning and asked for a refresher on his role in the family. Taj is Tito Jackson’s oldest son and Michael Jackson’s nephew. He described Michael Jackson as a “father figure” to him, his brothers. (AP)
Taj: Some people would argue we were his (MJ) children before he had his children. "He was definitely our mentor, everything we did in life we kind of geared to what he was doing," Taj explained. (ABC7)
Taj said he has several handwritten notes from MJ that he saved as keepsake. Note MJ wrote: Taj, I love you all and am proud of you. PS. please rehearse. Taj said it is written in a Neverland stationary, has the logo at the bottom. "He wrote various notes to me like this," Taj said. "That was probably from my mom telling him we were not rehearsing that much." Taj was the piano player. MJ bought him his first instruments. (ABC7)
Chang showed a picture of MJ getting his Hollywood Walk of Fame star. Taj and TJ were present. (ABC7)
Taj gave lots of recollections about his uncle and how he mentored him. “He was a perfectionist when it came to his craft, whatever it was.” He recounted how Jackson sang with 3T on the “I Need You.” He said his uncle came into 3T’s studio to record vocals after his own session. Taj said Michael Jackson’s voice was spent from recording a rock song that day, but he performed his part of the song in one take. He also recounted his uncle working with his nephews to teach them about what makes great music. Jackson played the song “She Drives Me Crazy” by the Fine Young Cannibals for Taj, his brothers, so they could learn to listen to music. Taj also mentioned that his uncle kept up with new artists and liked finding new collaborators. He cited MJ’s song with Akon. (AP)
Taj said MJ would ask him to watch his kids when he needed. He was also in charge of MJ's storage. "It would be foolish not to ask his advise," Taj said, explaining they could, and would, ask anything they wanted. "He picked out a lot of our songs, some we didn't like that much and he told us why they were important," Taj testified. Taj: He was a perfectionist when it came to his craft. He would study, study, study, and tell us to study the greatest, top 10 singers. "The demo sounded a little old fashioned, we couldn't hear what he was hearing," Taj said about "I Need You" song. Taj said they were recording down the street from MJ's recording studio. His uncle lent his voice to the end of the song. Taj: What's most amazing, it was all in one take, he didn't try again, all you hear was all in one take. The song "I Need You" was a success for them. Chang played a snippet of the music video. MJ was not part of it, just his voice. "We were always trying to do what our uncle was doing," Taj said, mentioning the choir in the song. Taj said MJ would tell him 'you have to carry on the legacy, carry on the torch when I retire.' Michael taught Taj and his siblings to listen to the same music several times and hear different instruments each time. "I don't want to give out too many secrets," Taj said, laughing. Taj: For him it was about studying, that's what we learned as well. I started at 12 years old, but didn't start 3T until I was about 19. Taj said he and MJ share their mutual love for music and movies. They would watch it in different ways, once without sound, then with sound. "It was kind of intimidating to me," Taj said, since he didn't know much about movie and said he needed to learn a lot to become a filmmaker. Taj said the robot transformer in the "Moonwalker" film was in their honor, because they loved the transformers. "He was constantly studying and reading about directing, he knew it back and forth and would test us," Taj said. MJ hired a USC professor to teach him movie directing. Taj said the children also learned from the professor. Taj said MJ loved King Tut, he loved Egypt, egyptian culture. MJ wanted him to study 3D, Taj said, since he loved the technology and wanted to do things with it. He wanted Taj to master it. Captain EO was directed by Francis Ford Coppola and is playing at Disneyland. It's a 3D science fiction film with MJ's music. (ABC7)
After discussing films, Chang asked Taj about his uncle’s interest in films. Taj recounted being on the set of “Captain Eo.” Taj said he wished he had paid more attention, since Francis Ford Coppola and George Lucas were involved. Taj said a scene in Jackson’s “Moonwalker” was inspired by his love of the “Transformers” cartoon. He said Michael Jackson would study film, and even was taking a class from a USC film school teacher. Taj said his uncle was interested in several films, including one based on King Tut, another called “Chicago 7” and an updated “Thriller”. He said Jackson told him to study 3D filmmaking. Michael Jackson “loved the technology” and wanted to do “groundbreaking” work with it. (AP)
Taj said he would stay with his uncle weeks at times. He said he lived at Neverland for about a year, majority of times with his uncle. Taj said he witnessed MJ writing notes to himself. He said he learned it from his uncle and keeps notes himself nowadays. "He liked to conduct meetings usually over the phone," Taj said. MJ would keep the phone on speaker so Taj would learn the business dealings.Taj estimated over 100 meetings over the phone, probably over 20 in person. Michael believed in "What you conceive, you believe, you achieve," Taj testified. Taj said MJ would write down his ideas and what he wanted to achieve. He would see his uncle write on anything he could write. Chang showed picture of a mirror with several notes hang on it. "Michael was very sentimental," Taj said. Taj said MJ kept several items as mementos. Taj ran through a window at Neverland when he was 3 and MJ kept the blanket he was wrapped in. (ABC7)
After discussing films, Chang asked Taj about his uncle’s custom of writing notes. He said his uncle had a system of taking notes. Taj said some of the notes and writings Michael Jackson kept were sentimental. This included keeping his sister Janet’s report card. They showed some of Jackson’s inspirational notes, which included one that read, “Love No Violence Ever.” He said he saw hundreds of these notes, both when he lived at Neverland Ranch for a year and after his uncle’s death at his mansion. There were several notes that Taj authenticated were written by his uncle, but they weren’t shown to the jury. AEG Live wants to argue against allowing the notes to be shown to the jury. Jackson’s attorneys want them shown. The notes will be used by an expert for the plaintiffs who will estimate the damages if AEG Live is found liable in the case. (AP)
Taj explained the system MJ had in his life. Types of Documents 1- Inspirational ("Law of Attraction") 2- Loving Keepsakes (notes) 3- "To Do" Topics to Cover During Meetings to Have Others Do. Taj said after MJ died he went to Carolwood house to collect some of MJ's belongings. He said he wanted to keep them for his cousins. Taj said when his mother died, he lost a lot of things either in storage or they were auctioned off and it was very painful for them. Taj retrieved a box of documents from MJ's storage. The attorneys stipulated some of the notes were MJ's handwriting. (ABC7)
Taj said he's familiar with Paris' handwriting, has seen her doing homework. Note from Paris to MJ: Dear Daddy, I love you so much & I'm so happy I got a goodnight hug. Sleep well, I love you & good night. I'll see you tomorrow! XOX, goodnight and lots of love. Paris Jackson. (ABC7)
parisjacksonnote-web.jpg
Note Michael wrote to himself: Words of Blanket my son 6 years young "What's your favorite letter Daddy? Mine is "G" for God and "D" for Daddy" Age 6. Blanket. (ABC7)
blanketnote-web.jpg
AEG Cross
AEG attorney, Kathryn Cahan, is doing cross examination.
Taj said he was the one family member who spent the most time with MJ (out of his cousins and extended family.) Taj visited MJ in every tour he did: Triumph, Victory, Bad, Dangerous and HIStory. He stayed at the hotels with MJ's, went to his room. (ABC7)
She asked Taj about all the time he spent around Jackson. She asked Taj about staying with his uncle on tours. Cahan asked if he ever saw drugs in his uncle's hotel rooms. Taj said no and he never saw MJ use drugs, or under the influence of any meds. (AP)
Cahan: Did you ever see any signs of MJ using drugs? Taj: No (ABC7)
Cahan then asked how often Taj saw his uncle in late 2008-2009. Taj said he saw him once at Bel-Air hotel, and again at an anniversary party. Taj also said he talked to his uncle when he was trying to stop an auction of his possessions. (AP)
In 2008, MJ was living in Las Vegas. Taj saw him regularly during that time. "He was definitely happy and healthy, yes," Taj testified. Taj said that after living in Neverland, MJ went overseas and then to Las Vegas. Taj saw MJ maybe twice, when he was at the Bel Air Hotel. (ABC7)
Taj said he never saw MJ use drugs. "I didn't even know he had moved," Taj said about MJ moving in to Carolwood house in 2008. The last time Taj saw MJ alive was in May of 2009 during his grandparent's 60th anniversary party. He never went to the Carolwood house. Taj said that when they learned MJ was going on tour, they stayed away and gave him space. They knew they could be a distraction for MJ. (ABC7)
"I know MJ was on the phone once to stop an auction," Taj said. Call wasn't to Taj though, he doesn't recall talking to MJ on the phone. Taj heard MJ was recording an album for the news or family members. The album started in 2008, Taj said. "He was constantly recording and writing," Taj said. "He juggled a lot of things." (ABC7) Cahan asked how Taj knew MJ was recording new music. He said he thought he heard about it on the news or from relatives. Taj added that Jackson was always working on new music. “I don’t think he would have stopped recording.” (AP)
Cahan asked several questions about storage lockers that Michael Jackson wanted his nephew Taj to be responsible for. Taj said his uncle wanted him to be responsible for the storage lockers and wanted to transfer them into his name. He said his family lost many of his mother’s possessions after she was killed due to a lien, and his uncle didn’t want the same to happen. One of the facilities, the largest, housed items from Neverland Ranch. Two smaller ones had personal keepsakes, Taj said. Asked why Jackson would want his possessions transferred over, Taj said there were “very few people my uncle trusted.” “He had been betrayed his whole life. He knew he could trust me,” Taj Jackson said of his uncle Michael. He said reluctantly agreed to let his uncle pay him to take care of the storage units. (AP)
Taj said MJ wanted to put the storage facilities in Taj's name. Taj: There were very few people my uncle trusted. Taj: He had been betrayed his whole life. He knew he could trust me and if something happened to him I would do the right thing. Taj said his mom did the same thing, put her valuables in a safe. However, his mom's possession in the storage locker were auctioned off. Taj: A company sued our family for not performing at a certain event and they put a lien on the storage. Taj: The storage unit got tied up and unfortunately we became the victims of it. Taj said MJ had sentimental things in the storage that he wanted to keep for his children. Taj said the storage was full with stuff from Neverland. It had furniture, arts, arcade games. MJ had 2 storage lockers. One in Vegas is half of the size of the courtroom (30x37 feet) and the one in Buellton was at least 4 times bigger. Cahan asked if Taj was being paid to take care of MJ's storage. He said at first he didn't want to get paid, but MJ insisted. (ABC7)
"Everyone else is making money off of me, I want to take care of my family," Taj said MJ told him. (ABC7)
Taj said he doesn't think MJ wanted to live at Neverland again. "It felt violated in a way, the purity of it. It didn't feel the same." (ABC7)
Taj doesn't know when he went to Carolwood house. Rebbie and her daughter, Janet, Katherine, possibly Trent and 1 of his brothers were there. Taj doesn't remember seeing La Toya that day. "It's a time I'd rather forget," Taj said. Taj testified the house seemed normal, not messy. Taj went to MJ's bedroom on the second floor. Cahan asked if MJ was messy. Taj said he wasn't trying to defend his uncle, but understood him. "When you travel a lot, living out of luggages, it's messy," Taj testified. "It looks like my place now," Taj said, laughing. Taj doesn't remember who handled him the box. It was a cardboard storage box. Taj: The idea of going there was to preserve the stuff. It's something someone can sell on eBay for hundreds of thousands of dollars. He said it could be seen it was documents, that he threw in some stuff as well, but 95% of the stuff was already in the box. Taj said he only stayed in his uncle's master bedroom, closet and bathroom. "The box was given to me in the master bedroom, I just assumed the documents were from that area," Taj said. "It was traumatic enough to be in that room so I just wanted to get out of there quickly," Taj recalled. (ABC7)
Cahan then asked about Taj going to his uncle’s mansion after he died. He received a box of documents while there. Taj said he also picked up some of his uncle’s motivational notes. He said he didn’t remember who handed him the box. There was a lot of discussion about the box, and then Cahan moved on to questions about two computers that Taj received at a later time. (AP)
Taj took the box to his house. He said he skimmed through some of the documents. This was in the Summer of 2009. Taj turned over the box of documents to Sandra Ribera, one of the Jacksons attorney early this year. The lawsuit was filed in 2010, Cahan said. Taj: "I don't even know they remembered I had the box." "I protected that box with my life," Taj said. He kept it hidden in his closet of his house. He turned over the entire box to his lawyer. (ABC7)
(Attorneys in the hallway said judge asked for it because she wanted to know why they were spending so much time on the computer issue. Judge said the computer stuff had already been litigated during pretrial. ABC7)
The Mac computers were given to Taj by LaToya Jackson’s business partner at the family’s Encino home, he said. Taj said one contained music and was turned over to Michael Jackson’s estate. The other one was used by security at MJ’s mansion. The second computer was password protected and was apparently used by MJ’s assistant, Michael Amir Williams. Taj said he asked Williams for the password and got one, but it didn’t work. He said the estate wasn’t interested in the computer. Taj said he turned over the computer because Jackson’s estate was looking for hard drives with Michael Jackson music. Taj wasn’t sure of the dates when he received the computers, or when he turned the machine over to the estate. They went into a sidebar that the judge requested. Cahan asked a couple more questions about the security computer, but moved on. (AP)
Taj said he was given two computers from the Carolwood house. One was a computer with music, one was a computer used by the security team, Taj said. Jeffrey Phillips, business partner of my aunt La Toya, gave him the computers, Taj said. He was at the Hayvenhurst house. "He handed them to me," Taj said. They were Mac Towers. Taj is not sure whether he got the screen as well or not. Taj: It was known Estate was looking for music for MJ's new album. I'm assuming Jeffrey knew I was helping Estate out in that aspect of it. Taj is still working with MJ's Estate. Taj: I turned 1 of them on, it had music files. Turned the other one on and had log in request, with Mr. Amir's name, asking for a password. Taj could not access it, since he didn't have the password. "The Estate was looking for 4 hard drives with music in it," Taj said. He thought that's what was being given to him. The music computer was given to the executors of Michael's estate, Taj said. Taj said he called Michael Amir Williams but the password he gave him didn't work. Michael Amir said there was no music in that computer. The Estate, thus, was not interested in the security computer. Taj said he left the security computer at Hayvenhurst house. He hasn't seen the computer since. (ABC7)
Cahan asked Taj about his uncle’s movie aspirations. Taj said the last time he saw his uncle, MJ told him, “After this, we’re doing films.” Jackson’s statement was made in May 2009 at a 60th anniversary party for Joe and Katherine Jackson, Taj said. Cahan asked Taj whether his uncle ever mentioned he wanted to partner with Kenny Ortega on films. Taj responded that wasn’t surprising, his uncle wanted to partner with Peter Jackson and other filmmakers. (AP)
After "TII" tour ended, MJ and Taj would make movies. "I think when TII ended, he would've shifted his focus to films primarily," Taj said. MJ's son, Prince, was going to make movies with them too. "I'm sure more powerful people would be involved too, not just us," Taj said. "His last words to me: After this, we're doing films," Taj recalled. Cahan asked if MJ ever told him he wanted to partner with Kenny Ortega, not him, to make "Thriller" 3D movie. Taj: I'm sure he would partner with, he wanted to partner with Peter Jackson at one point. I wasn't exclusive to him. (ABC7)
Cahan asked a few questions about Taj’s music career, then moved on to questions about Michael Jackson’s kids. Cahan asked about Taj’s relationship with Prince, Paris and Blanket. He said he has been there for him since their father died. (AP) The last 3T album was in 2003. "We dropped everything after Michael passed to be with his kids," Taj explained. "Code Z was kind of my homage to my uncle," Taj said. "We did kind of zombie tribute to him." It was a fake trailer, not made into movie yet. (ABC7)
Taj said he was planning to go to London to see his uncle Michael performing. (ABC7)
MJ had his own record label, MJJ. Taj said MJ was concerned in putting 3T under his label in case something went wrong they would blame him. (ABC7)
Taj has spent a lot of time with MJ's children after his passing. "We've been a unit," Taj said. Cahan: Has Debbie Rowe gotten back involved with the children? Taj: Yes. "She started a relationship with Paris, that's as far as I know," Taj said. Rowe is Prince and Paris' biological mother. (ABC7) The attorney then asked about Debbie Rowe and whether she had become involved in the children’s lives recently. Taj: “From what I know, yes.” Cahan: “She’s Prince and Paris’ mother, yes?” Taj: “Biological mother, yes.” Taj said Rowe had started a relationship with Paris, as far as he knew. The plaintiffs then asked for a sidebar. (AP)
Plaintiffs asked for sidebar since judge ruled that no parentage question were to be asked. AEG said Debbie Rowe is the kids' biological mom. Judge read admonition to jury. She said there was a question regarding the status of Debbie Rowe's relationship with the children. Judge said they are only to consider the relationship between Michael and the children when assessing damages, if any. (ABC7) The plaintiff’s side had said before going into chambers that the mention of Rowe’s status was a violation of a pretrial order. After court, AEG Live defense attorney Marvin Putnam said it was paternity that was subject to the order. (AP)
Cahan then asked about Taj’s Twitter account, and questioned him about nanny Grace Rwaramba and whether he thought she was honest. Taj responded yes in response to a question asking whether Grace was truthful. Cahan then wanted to show a post from Taj’s Twitter account. It was a Twitlonger post urging people not to give credibility to a report by Roger Friedman. He mentioned a Grace at the end of the post. After reading it, Taj said, “That’s not the same. That’s Nancy Grace.” There was laughter in the courtroom. (AP) Cahan asked Taj if he thinks Grace Rwamba is a truthful person. "Yes," Taj answered. Grace Rwamba was the children's nanny. Cahan then showed Taj a tweet he sent in 2011. "That's not the same Grace," Taj said. "That was Nancy Grace!" Everyone started laughing.
Taj was released subject to recall.
Arthur Erk Testimony , Jacksons expert CPA
Jackson direct
Arthur Erk. He's a CPA for Citrin Cooperman, partner in the firm in New York. Erk is in the entertainment group, handle finances for entertainment. "Music happened to be my particular specialty," Erk said. Erk said they have 10 sports clients in football and baseball. He became a CPA in 1978. Erk described his extensive background in the industry. He has worked with rock back Kiss, did royalty audits. (ABC7)
"I was retained to calculate MJ loss of future earning capacity due to his untimely leave," Erk said.The categories in Tier 1 that Erk analyzed was Touring, Merchandising, Sponsorships and Endorsement, Las Vegas and Royalties. MJ wanted to have a team show in Las Vegas based on Neverland. Erk calculated its earning, use of music for royalties. (ABC7)
Zusammenfassung von Ivy, MJJC #49
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 -forts. zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7
Deposition transcripts filed with the court.
Note : these are not the full depositions, they are only the portions played in the court.
Dr. Stuart Finkelstein Deposition video transcript
Dr. Earley Deposition video transcript
Tim Leiweke Deposition video transcript
Randy Phillips Deposition video transcript
Quelle Ivy, MJJC #50Zuletzt geändert von rip.michael; 17.07.2013, 14:59.
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The Jacksons vs. AEG Live — Zeugen der Jacksons, 35. Teil
14. Juli 2013
Am Donnerstag wurde Michael Jacksons Neffe und Titos Sohn Taj in den Zeugenstand gerufen. Dessen Bruder T.J. hatte bereits am 30. Juni ausgesagt (siehe hier http://www.jackson.ch/the-jacksons-v...ksons-30-teil/). Taj sprach unter anderem über die herzliche Beziehung zwischen Michael und seinen drei Kindern. Um die liebevolle Beziehung näher zu illustrieren, wurden den Geschworenen unter anderem zwei handschriftliche Notizen vorgelesen, die man nach Michael Jacksons Tod in dessen Schlafzimmer gefunden hatte (für die Kopie der Originale siehe hier http://www.nydailynews.com/entertain...icle-1.1396997). AEG erhob Einspruch gegen die Zulassung der Notizen als Beweismaterial, da nicht ersichtlich wäre, von wann diese stammten. Dem Einspruch wurde jedoch nicht stattgegeben.
Die eine Notiz stammte von der damals 11-jährigen Paris Jackson: “Lieber Daddy, ich liebe Dich so sehr & ich bin so glücklich, dass ich eine Gutenachtumarmung bekommen hab. Schlaf gut. Ich liebe Dich und gute Nacht. Bis morgen. XOX gute Nacht. Viel Liebe Paris Jackson”. Die zweite Notiz stammte von Michael selbst. Er schrieb: “Worte von Blanket, meinem Sohn, 6 Jahre jung. ‘Was sind Deine Lieblingsbuchstaben, Daddy? Meine sind ‘G’ für Gott und D für Daddy’. 6 Jahre alt. Blanket”. Diese Notiz, so die Anwältin der Jacksons zu den Geschworenen, zeige insbesondere, wie wichtig Michael seine Kinder waren; denn er hatte sich die Zeit genommen, die Worte seines jüngsten Sohnes niederzuschreiben.
Die liebevolle Beziehung zwischen Michael und seinen Kindern ist insofern von Bedeutung in diesem Prozess, da falls die Geschworenen AEG Live für den Tod von Michael Jackson haftbar machen, sie den emotionalen Verlust, den die drei Kinder dadurch erlitten haben, mittels eines Geldbetrags bemessen müssen.
AEG Live hatte sich übrigens erneut ein riesen Ei gelegt am Donnerstag. So hatte die AEG Anwältin im Kreuzverhör Nancy Grace, eine TV-Reporterin, mit Grace Rwaramba, dem ehemaligen Kindermädchen der Jacksons, verwechselt. Taj hatte gerade die enge und liebevolle Beziehung zwischen Michael und seinen Kindern beschrieben, als ihn die AEG Anwälten fragte, ob er denke, dass Grace Rwarambe manchmal unehrlich war. Die Jackson Anwälte erhoben zuerst Einspruch gegen diese Frage, da sie nicht relevant sei für diesen Fall. Die Richterin gab dem Einspruch jedoch nicht statt und sie wies Taj auf, die Frage zu beantworten. “Ich habe sie nicht als unehrlich empfunden”, so Taj. Die AEG Anwälten zeigte daraufhin eine TwitLonger Nachricht von Taj, die — so dachte sie zumindest — die Aussage von Taj hätte diskreditieren sollen. In jener Nachricht vom 11. Dezember 2011 hatte Taj darüber geschrieben, wie ihm der Journalist Roger Friedman zuwider sei. Er nannte ihn “Anti-Jackson” und eine “falsche Schlange”. Zudem schrieb Taj darin: “Sorry… aber es gibt da ein paar Leute, die mich echt anwidern. Und für mich gehört er in die gleiche Kategorie wie Grace, Dimond und Bashir”. Ob diese Nachricht nun sein Gedächtnis aufzufrischen vermochte, fragte die AEG Anwältin Taj. “Das ist nicht das Gleiche. Damit ist Nancy Grace gemeint!”, stellte Michaels Neffe richtig. Der Gerichtssaal brach in lautes Gelächter aus und er brauchte ein paar Sekunden, bis wieder Ruhe eingekehrt war. Wenn man bedenkt, was für sie alles auf dem Spiel steht, macht AEG Live seit Prozessbeginn im April so einen amateurhaften, wenn nicht sogar schlichtwegs dummen Eindruck. Man kann es kaum glauben.
Am Montag soll ein weiterer Experte für die Jacksons aussagen: Buchhalter Arthur Erik. Wie es heisst, soll die Jackson Seite nächste Woche ihre letzten Zeugen befragen. Anschliessend ist AEG Live mit ihren Zeugen dran. Wir dürfen ja gespannt sein, wie sie sich vorstellen, das Ruder noch umdrehen zu können – vor allem wenn sie so weitermachen wie bisher. AEG Lives Konkurrenz lacht sich ja kaputt, wenn sie diesen Prozess soweit mitverfolgt hat. Und sie können sich dieses Jahr definitiv viel Marketing und hohe Werbekosten ersparen.
Quellen: jackson.ch, cnn.com, nydailynews.com
Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ons-35-teil-2/
Copyright © jackson.ch
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Der Jackson-Experte Erk schätzt das MJ rund 1,1 bis 1,5 Milliarden verdient hätte wenn er eine weltweite Tournee absolviert hätte und eine Las Vegas-Show erschaffen hätte. Erks Schätzungen baiseren weitgehenst darauf dass MJ 37 Monate auf Tournee gegangen wäre und 260 Konzerte absolviert hätte.
AEG-Live-Anwalt Starke befragte Erk im Cross darüber, dass Jackson noch niemals eine solange Tournee gemacht habe und keine Tour mehr seit einen Jahrzehnt gemacht hatte und führte zudem Rechtsstreitigkeiten an, die zur Cancellungen von 3 Ereignissen führten. Erk meinte das spiele keine Rolle. "Er musste arbeiten". Im Cross spielten die AEG-Anwälte auch Teile von Kathrines Depositon vor in dem sie mitteilte ihr Sohn wollte nicht mehr touren und sie sei überrascht über die Ankündigung der TII-tour-gewesen. AEG führte zudem an, dass Erk nicht Jacksons rund 400 Mio. Schulden oder seinen aufwendigen Lebensstil berücksichtigt hat.
Expert: Jackson would have earned $1B on comeback.Like
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ANTHONY McCARTNEY 4 hours ago
Arts & EntertainmentCelebrities.LOS ANGELES (AP) — Michael Jackson could have earned $1.1 billion or more if he had performed a worldwide concert tour and created a Las Vegas show before his death, an accounting expert familiar with the singer's earning potential told jurors Monday.
Arthur Erk, a certified public accountant who conducts royalty audits for musicians, told jurors that Jackson might have earned $1.5 billion for the shows if he had charged higher ticket prices during later shows on the "This Is It" tour.
Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour.
AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis.
"He needed to work," Erk said.
His testimony was meant to show jurors the superstar's earning potential in the case brought by Jackson's mother against concert promoter AEG Live LLC.
Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have embarked on a lengthy tour.
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FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of …On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Erk's figures also account for an estimated $134 million the singer would have likely spent before retiring from show business at age 65, Erk said. He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential.
Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s.
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Erk said Jackson contemplated doing a Las Vegas show based on his music and archival footage that would have generated new royalties for the singer. He estimated the show would last 10 years.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega. Erk will not offer any estimates on how much Jackson may have earned if he had a successful film career.
Erk is testifying as an expert witness. The accountant also performed royalty audits on companies that released Jackson's music during the height of his popularity in the 1980s, he said.
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Anthony McCartney can be reached at http://twitter.com/mccartneyAP .
.Zuletzt geändert von Lena; 16.07.2013, 08:02.
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Michael Jackson wäre Milliardär geworden
Der verstorbene Musiker Michael Jackson hätte mit seiner mehrjährigen weltweiten Konzerttour über eine Milliarde Dollar verdienen können. Das glaubt zumindest ein Experte für Musikerfinanzen.
Und wenn er nicht gestorben wäre, sagt ein Gutachter, hätte Michael Jackson eine märchenhafte Summe verdienen können: Mehr als 1,1 Milliarden US-Dollar (gut 840 Millionen Euro) wären für den US-Sänger bis zu seinem 65. Geburtstag drin gewesen, hat Experte für Musikerfinanzen, Arthur Erk, nach US-Medienberichten vor Gericht in Los Angeles ausgesagt.
Jackson hätte diese Summe Eck zufolge einnehmen können, hätte er eine mehrjährige, weltweite Konzerttour absolviert und eine Show in Las Vegas auf die Beine gestellt. Bei einer Annahme höherer Ticket-Preise seien sogar bis zu 1,5 Milliarden US-Dollar (rund 1,15 Milliarden Euro) denkbar gewesen.
In einem Zivilprozess klagt die Familie des Sängers gegen den Konzertveranstalter AEG. Es geht um die Frage, ob der Konzertpromoter die Gesundheit des Sängers aus Profitsucht aufs Spiel setzte. Die Anwälte des Konzertpromoters machten bei der Verhandlung geltend, dass Jackson nie eine derart lange Tournee absolviert habe.
http://www.n24.de/n24/Nachrichten/Panorama/d/3192318/michael-jackson-waere-milliardaer-geworden.htmlNachrichten, Kommentare, Liveticker, Videos und Streams sowie News aus Politik, Wirtschaft, Finanzen, Wetter, Sport, Fußball, Kultur, Reise und Internet ...
16.07.2013 | 07:54 Uhr rct, DPA
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Jacksons vs AEG - Day 48 – July 15 2013 – Summary
Katherine Jackson is in court
Arthur Erk Testimony
[ Source : Majority of the information is from ABC7 unless otherwise indicated]
Jackson direct
Erk explained business management, paying bills, intellectual property. A master recording is when artist records track in studio, Erk said. Songwriter completes a song, Erk said. A self-published individual will write notes and lyrics, sends to copyright office in Washington D.C. Use license exists whether it is artist on internet who is not signed by a record label or record company, Erk explained. Royalty calculations have not change, he said, only distribution. Technology advances have changed the industry, Erk testified. Erk: For artist to release song must go to publisher of songwriter or major publishing company to exploit this particular songwriter's song. The publisher gets 50 cents for every song and artist gets 50 cents, Erk said. He explained the formula radio stations use to calculate and collect over the air royaltiesIn a Print, Folio (printed song material) a songwriter gets 10% of price, Erk testified. In Film, there's synchronization license to get the right to hear the song in the film. It requires a worldwide license. Used to be songwriter gives up right and becomes a member of staff, Erk explained. As Business evolved, biz managers became more savvy, writers wouldn't give up 100% of copyright, would sell 50% still get co-publishing deal
"MJ was a tried and tested songwriter and artist from the time he was 5," Erk explained saying he differed from other artists who have died. Panish asked if Erk knows some of MJ's #1 songs. He responded Beat It, Billie Jean, Man in the Mirror, Heal the World, Can’t Stop Loving You. Erk explained that to be a Gold album, it must sell 500,000 copies, Platinum is one million and Diamond is 10 million sales.
Erk said he charges normally hour rate of $475. He has worked in a little over 200 hours on this case. (ABC7)
The expert has done royalty work for Jackson in mid-80’s. In 1983, he did it for "Thriller," one of the largest selling albums of all time. “When you have that many sales, there is usually money there, that means they didn’t pay according to the contract," Erk explained. When MJ’s manager John Branca was pursuing the Beatles catalogue, with 4,000 songs, Erk was hired to determine the value. "We call it net publishers share, that is amount publisher is left after paying all co-writers and everyone else," Erk said. Erk: It was our job to go to Robert Holmes a Court, Australian billionaire who owned the catalogue. It was a testing of wills. Erk: We valued catalogue at 40 million. He assessed at 49 Million, also didn't want 2 give up Penny Lane because he had family member w/ that name. The deal got done without that song. Erk said MJ was smart enough to keep his own copyrights.
Panish: When someone dies, what happens? Erk: The average male recording is 75 years. MJ lost 25 years of copyright income. The longer you live the longer the copyright goes, Erk said.
He assessed areas of touring, the movie was going out on tour, merchandise (t-shits, hats), endorsements (ads, might get signage at arena.) Erk also calculated that MJ would've done a thematic show and would've earned additional royalties on “grand rights.”
Erk described his experience in the business. He's worked with lots of artists, intellectual property, business management, royalties. He said Bravado is largest merchandising outfit company.
Erk examined AEG's budget, which initially called for 30 "This Is It" shows. Erk reviewed depositions, AEG contract w/ MJ, picture/development deal that MJ signed w/ AEG, trial testimony, Ortega and Faye's contract. He read emails of AEG's plans, budgets, handwritten notes of MJ's; read Ortega's testimony whether MJ would be successful in film industry.
The expert said he saw evidence MJ wanted to do shows in Las Vegas and had intention to record future music.
Erk assessed a numerical value for possible losses based on extremely conservative estimates.
Panish: When you say conservative analysis, why? Erk: Because I used AEG’s budget numbers that I translated.
Erk used several emails from Randy Phillips to show AEG's plans for future tours. In one, Phillips said MJ sold 750K tickets in 5 hours. AEG prepared budgets. One was at $1.45 exchange rate and another at $1.65, since they used British pounds. Erk said AEG determined what the gross revenue would be 4 tickets, estimated merchandise sales 4 shows based on 30 shows originally, not 50. O2 arena has 20K seat capacity. They sold 750K tickets for 50 shows. Erk said 1.4% of Great Britain's population bought tickets for the show
Panish: How do you assess ticket prices? Erk: We took the top 5 grossing tours and took average ticket price.
Erk, who described his financial calculation as conservative, said his projections included a 37-month tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, where the singer would not have performed. It also included sales of merchandise and endorsements. (LATimes)
Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour. (AP)
Erk showed chart w/ projections of seats they figured would be sold for MJ touring in Great Britain, Central Europe, Asia, Australia and US. He estimated the actual seat projection to be 12.9 million, out of 5.9 billion people, would generate MJ revenue of $452,155,095. Erk said he didn't consider MJ's past tour attendance since MJ said This Is It, it was going to be his final tour; he adjusted the projection. Erk said MJ's albums did “quite fantastically” worldwide, sales doubled and tripled around the world.
Erk explained that Tier 1 is what is reasonably assured MJ would've done, no speculation, very conservative estimate. Tier 1 are top artists: U2, Madonna, Bruce Springsteen, Bon Jovi, Erk said. “MJ is in a class of his own, King of Pop, no one came close."
Billboard is the music industry magazine, which has a top Box Office for concerts. In the top 25 grossing acts in 2009, Paul McCartney had 10 shows but was 3rd grossing, since he had very expensive tickets and big venues. Only two artists were sold out for all the shows in 2009: U2 and Madonna. Billy Joel and Elton John almost sold out, Erk said. The jury was shown a chart from Billboard magazine of the highest-grossing tours of 2009, led by U2, Madonna and Paul McCartney. Jackson, he said, would have beat them all.
"Michael Jackson was in a class by himself," Erk said. "He was known as the King of Pop. There’s no one who comes close to him." (LATimes)
Erk calculated MJ's ticket price average of $108.18. "He's the top of the pyramid," the expert opined. Panish asked if the price could've been higher. Erk said AEG did not expect this wild demand.Erk: The demand here was so wild, they could probably sell the tickets for a much higher price and still sold out shows.
Total Projected Economic Damages: $1,511,182,374 billion for MJ's loss of economic earning capacity based on $200 ticket minus MJ's expenses. Total projected income based on $108.18 ticket price: $1,261,745,023
Erk figured that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show would net him $1,127,378,787. If tickets were $200 each, what were described as his "lost economic damages" would total $1,511,182,374. “Demand was so wild that he probably could have charged more for tickets and still sold out,” Erk said.
Erk pointed to the singer's record sales. "Thriller" sold 65 million copies worldwide, "Bad" 45 million, "Dangerous" 32 million, "Off the Wall" and "HIStory" 20 million and "Invincible" 13 million.“Looking at it historically, he has a huge fan base," the accountant said. (LATimes)
His projections include Jackson spending $134,386,236 total over the next 15 years, which took him to age 65 and retirement, Erk said. (LATimes)
[ Outside the presence of jury, Judge Palazuelos told audience that someone took picture of courtroom and/or jury through the courtroom window. She admonished everyone again that no pictures are allowed in the courtroom/courthouse. The windows are now covered, Sheriffs investigating. Judge told jurors they might have to have new procedures to protect them, but judge doesn't want to discuss that just yet.]
Erk analyzed five categories: Tour, Merchandise, Endorsements, Vegas shows and Vegas royalties. The assessment was based on the price of ticket sales. The estimate of MJ's gain was between $1.127 million and $1.511 million. Erk said he's been in the business for more than 34 years. He said artists always go back to do what they are good at.
Erk then calculated Tier 2 category, which is for future earnings for business MJ would most likely do. He said he had MJ on a much reduced tour, period of hiatus, another reduced tour, and decline from there up until he was 65 years old. "My belief and perception of AEG executives as well, there's no other artist like Michael Jackson," Erk opined.
Erk projected MJ do 260 shows, average of 2 per week. He said MJ was much bigger than any other artist.
Beyonce had a Pepsi endorsement deal of $50 million in 2012. Her most recent tour gross revenue was $119,500,000. MJ's TII Gross (2009 and 2010) -- $638.976.138 Erk did a calculation based on Beyonce's Pepsi deal and came up with $267,354,032. He added $50 million clothing endorsement and came up with $317,354,032. Erk said he could not compare Beyonce with MJ. "He was the King of Pop," Erk explained. "There was no other like him." Projected Income to MJ - Vegas: $269 million. That was for Vegas show after MJ died, where MJ did not have to perform. Royalties, for use of music, would pay 5% of box office: $102 million total.
Erk said the calculation in Tier 1 was based on things MJ was reasonably assured of doing. "I tried to err on the low side." Future Loss: For 37 months $1.127 billion - $1.511 billion; For 48 months $1.462 billion - $1.96 billion. Professional fees: entertainment attorney, business manager and personal manager. Erk calculated MJ would have 20% expense in fees. Future Loss Minus Professional Fees: 10% fee -- Range from $1.014 billion to $1.764 billion; 20% fee -- range $901,600,000 to $1.568 billion.
"I think their opinion is that there would be no loss of future income," Erk said about AEG economist and accountant expert. Erk disagrees.
Panish asked if Erk is familiar w/ artists saying this is it and returning to tour. "Not to me personally, but I've seen in the public eye."
Erk did not calculate how much money MJ could earn making movies. He said he thought it was best left for the jury to decide.
Tier 2 is future touring. $373,985, 179 -- total projected economic damages for Tier 2, including merchandising. Erk calculated 4 more tours through 2024. Projected Income to MJ -- Merchandise $79,407,278.
AEG Cross
AEG's attorney Sabrina Strong did the cross examination.
Erk said he spends half of his time doing business management and other half of royalty compliance. Largely, Erk said he made estimations based on touring, but he is not a tour manager. Erk testified he prepared tour budget before. But in his deposition, Erk said tour budget was not part of his responsibilities.
Strong said Erk estimated MJ would do 260 shows for TII tour, plus 4 more tours after that. She asked if that wasn't too much. He said no.
Strong questioned Erk's expertise in tours, endorsements, merchandising, Las Vegas shows. Erk: I relied of what should've been an expert, AEG's numbers. Erk never met Michael Jackson. Strong asked if Erk had personal conversation with MJ about his future plans. He said no.
Erk's firm has spent 650-700 hours for total efforts of all the employees in the company, including his 200 hours, in this case.
Strong: Had MJ not died in 2009, you estimate he would've gone on tour 3 more years, 4 more tours after that until age 66, correct? Erk: 4 more tours, until age 66, was my professional opinion.
"The show was called This-Is-It, he was going to blow it out," Erk said, adding MJ planned on earning as much money as he could. Strong: At the time MJ passed away, TII was expected to be 50 shows, correct? Erk: First leg, yes. Erk said TII sold 750K tickets in 5 hours, 525K people waiting to buy tickets. "Never done before, never done again," Erk testified.
Erk said he had triple fusion surgery just before giving deposition.
"Had he lived, I believe he would've performed the shows," Erk testified. "I believe had he lived he would've taken the stage."
For his projections, Erk assumed MJ was in good health. Strong: Did not consider MJ was taking Demerol in a regular basis? Erk: No, I did not. Erk said he didn't consider MJ's use of Propofol, drug abuse. "I'm not aware he was a drug abuser" Erk said; didn't review medical record. Erk said he would not have changed his opinion if he knew MJ was using Propofol.
Strong asked Erk if he knew MJ was ordered to pay $5 million in breach of contract for backing out of the Millennium Concerts. Marcel Avram was the promoter. "And he also spent some time in jail," Erk said. Strong showed a judgment Avram v MJ for breach of contract. "Did Mr. Jackson break the Jan. 14, 1999 contract by failing to perform the Millennium Concerts?" Jury answered "Yes.". There was $5.3 million in judgment for breaching contract. Erk said he didn't even know about this judgment, didn't use it in his opinion. Strong laid out several lawsuits MJ had for failing to perform. Erk said he had not reviewed any of the prior lawsuits.
Strong: Did you take into account any of his prior failed projects? Erk: No. He needed to work. Erk said he didn't consider the fact MJ didn't tour/perform in 12 years or Prince's testimony that his father didn't want to tour anymore.
AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis. "He needed to work," Erk said. (AP)
Strong played KJ's deposition. She said he was a bit surprised with MJ going on tour since MJ didn't want to do Moonwalk on stage at 50. (ABC7) On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else." (AP)
Strong asked if Erk's opinion was based on pure speculation. Erk said it was not speculative, he had reasonable assurance MJ would perform.
Strong: Mr Erk, are you aware Mr. Jackson generally spent more than $570K a month to live between Jan 2000-June 2009? Erk: I don't know that. Erk relied on a memo to come up with MJ's monthly consumption. It has handwritten notes amounting to $570k. Strong said there's testimony MJ was a heavy traveler, used charter planes and stayed at the finest hotels, would take over entire wings. Strong also said MJ spent $435,000 on air fare and hotels in two months period in early 2000s. (ABC7) Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s. (AP) He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential. (AP)
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After jury left, Panish said he wanted to put on the record that AEG didn't know if the $5.3 million judgement was ever reversed on appeal. Panish asked if he should present all the lawsuits AEG has been a defendant, like the boy who fell and died at Staples Center. "I certainly hope it is final judgment," judge said, adding she doesn't want to have to undo anything.
Attorneys discussed future calendar, it looks like jurors are having problems and need time off. Apparently in August and September, there will be a lot of days off. There are 3 weeks with only 2 day of session scheduled. Judge said mid-September has school starting, "it is just the nature of the beast."
Panish said he will try to finish this week. Witnesses to come: Erk, an economist, Dr. Brown, Katherine Jackson and maybe Tom Barrack. Judge told defendants' attorneys to be prepared to start their case in chief on Monday.
Zusammenfassung von Ivy, MJJC #51
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Day 47 - zeugen Taj Jackson; Arthur Erk, Jacksons expert CPA
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7Zuletzt geändert von rip.michael; 17.07.2013, 15:07.
Kommentar
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Jacksons vs AEG - Day 49 – July 16 2013 – Summary
Katherine and Trent Jackson is in court.
Court opened this morning with arguments on whether it was proper for AEG lawyers to show Erk a judgment against Jackson. The judgment was related to case filed by concert promoter Marcel Avram against Jackson in Santa Barbara. Plaintiffs objected to its use. Plaintiff’s attorney Brian Panish argued that the $5 million judgment against Jackson wasn’t final -- it had been appealed and later settled. Panish argued it was improper “character evidence” and shouldn’t have been shown to the jury on Monday. AEG’s attorneys argued that the case had been settled for $6.5 million. The appeal was dropped, they said, which made the judgment final. The judge agreed with AEG Live and she wouldn’t instruct the jury regarding the judgment. “Let’s keep going, she said. (AP)
Arthur Erk Testimony
AEG cross
The promoters of Michael Jackson’s highly anticipated comeback concerts were interested in pursuing a 3-D version of a “Thriller” movie and a TV special of one of his sold-out concerts at the O2 arena in London, an accountant testified Tuesday. (LATimes)
An expert who projected Michael Jackson could have earned more than $1 billion on his comeback concerts testified Tuesday that his analysis didn't include a breakdown of the singer's yearly earnings over his lifetime and projected a longer concert tour than the superstar had ever performed. Arthur Erk, a certified public accountant who is an expert in musician's royalties, said his analysis didn't take into account thousands of pages of figures detailing Jackson's spending over the years. The accountant based his calculations on documents prepared by AEG, but on cross-examination conceded that the company never projected the singer would earn more than $1 billion after the "This Is It" shows opened. He said he didn't have information regarding Jackson's earnings over his lifetime. (AP)
AEG Live defense attorney Sabrina Strong's cross-examination focused on trying to show there wasn't historical basis for Erk's projections. (AP)
Strong immediately asked Erk about his testimony that he had used AEG Live’s figures to reach his $1 billion + estimates. A big piece of Erk’s estimates was the idea that Jackson would have done a 37-month, 260 show worldwide “This Is It” tour. Strong started out a question with "Let's be clear" and proceeded to state that AEG Live never projected $900 million in earnings for "TII". Erk agreed with Srong on this and several other questions, including one in which she said AEG didn’t contemplate 260 shows. (AP)
Strong: AEG Live never projected MJ would've earned anything close to the $900 million you estimated, correct?
Erk: That's correct (ABC7)
AEG Live never projected MJ would do 260 shows, Strong asked. Erk agreed. (ABC7)
Erk projected the worldwide tour would go to India, Japan, Central Europe and return Jackson to the U.S. for shows as well. (AP)
Strong also attacked Erk's calculation that Jackson would have spent $134 million between ages 50 and 65. She cited testimony from Jackson's former business managers and accountants in depositions that Jackson was historically outspending his earnings by millions of dollars each year. She questioned why Erk and associates who helped him compile his analysis didn't review tens of thousands of pages that detailed Jackson's spending over the years. Erk said that wasn't part of his job as a hired expert and he relied on figures about Jackson's monthly spending prepared by the singer's accountant before his death. "We boiled down what we thought was necessary to do the calculations," Erk said. (AP)
Strong then began to question Erk about Jackson’s spending, again stating that when he died he was at least $400 million in debt. Strong then mentioned that the Jackson family home in Encino was facing foreclosure in June 2009 and didn’t have access to cash. Erk: “The reason he was going on tour was he was going to get himself straight, pay off his debts and take care of his family.” Strong mentioned that the Jacksons’ Hayvenhurst home was facing foreclosure twice this morning. The 2nd time, Mrs. Jackson shook her head. (AP) Strong talked back about consumption, which is the amount of MJ's expenses. She said MJ was $400 million in debt when he died. Strong asked if Katherine Jackson's Hayvenhurst home was about to go in foreclosure. Erk said yes. "The reason he was going on tour was to get himself straight, earn money to take care of his family," Erk said. (ABC7)
Strong mentioned the deposition testimony of several of Jackson’s business managers that the singer consistently spent more than he earned. (AP) Historically, MJ spent more money than he earned, Strong said. Erk said that based on the accountant's testimony, yes. Barry Siegel is one of MJ's former accountant. Strong said Siegel noted MJ had substantial income coming in and higher expenses going out. Strong asked if Erk knows why Siegel quit his job with MJ. Jacksons' attorney objected to the form of question. Strong then said assuming Siegel quit because MJ couldn't control his spending, if that would've affect his consumption numbers. Erk said no (ABC7)
Strong talked about Jackson's prolific spending, saying he was $400 million in debt and that his mother's home was in foreclosure. She said that a former Jackson business manager had quit because the singer showed no interest in pulling back on his spending. Strong said that in one instance, Jackson bought a $1-million watch but had to return it because he couldn't afford it.Another former Jackson business manager said Jackson spent $20 million to $30 million a year more than he earned, Strong said. (LAtimes)
The lawyer also mentioned that Jackson had borrowed money against his music catalog. Erk agreed MJ “had loans on his assets.” Strong asked about a note coming due on Jackson’s loan against the SonyATV music catalog in 2009, saying he couldn’t pay it. (AP) Erk said Jackson had a $320-million loan on his portion of the Sony/ATV musical catalog, which includes Beatles songs. (LATimes)
Strong: “Michael Jackson had no ability to meet that obligation, correct?”
Erk: “Correct.” (AP)
Strong: And that doesn't account for million dollars shopping spree?
Erk: I don't call it consumption, I call it fun money (ABC7)
Strong asked if MJ spent $20 to $30 million a year more than he was earning. Erk said yes. (ABC7)
Strong said $1 billion Erk estimated didn't include repayment of MJ's debts. (Implication is you can't get damages for money to repay debts) Erk said his job was not to consider whether MJ was going to repay his debts. He was hired to estimate MJ's earning capacity had he lived. (ABC7)
Erk said he didn’t consider Jackson’s debts outside $570k a month in expenses, including repayment on Sony/ATV loan.
Erk:”That wasn’t my job to consider that.”
Strong: “You were just asked to calculate how much he would have made.”
Yes, he replied. (AP)
Panish objected to Strong’s questions about the debts and how she phrased certain questions. Judge sustained some of the objections. (AP)
Strong then asked whether Erk considered how much Jackson earned in 2001, 2002 and other years. He said he hadn’t. She asked him whether he had any idea how much Jackson earned in any year of his life. No, Erk replied. (AP) Strong asked if Erk knows how much money MJ earned in 2001, 2002, 2003. He said no and that it had no relevance to his assessment. Erk said he reviewed documents attached to depositions explaining MJ's yearly earnings and consumption. (ABC7) Strong cited at least 71,000 pages of records of Jackson’s expenses that had been produced in the case. Erk said he didn’t go through them. (AP)
Strong asked how much the expert and his firm had billed for work on the case. He said they’d billed $300,000. Erk added that if he’d gone through the expense records that Strong described, his firm's fees for the case would have been in the millions. (AP) Erk said the estimate of cost of his firm's work in this case is $300,000. He didn't review thousands of pages, eliminated all unnecessary. Erk explained he's been doing this for 34 years and it would've taken an untold amount of man hours to go through all the documents. Erk: In me and my partner's experience, we are very good in judgments. We boiled down what we thought was important for the calculations (ABC7) Erk said he had 34 years of experience. “We boiled down what we thought was necessary to do the calculations,” he said.(AP)
Strong said Erk's opinion assumes that MJ would do something he had never done before. (ABC7)
Strong: The artist usually had the final decision?
Erk: Yes, they have final say but consult with the professionals that surround them (ABC7)
"What you're projecting is totally inconsistent with Michael Jackson's history, isn't it?" asked attorney Sabrina Strong (LATimes)
AEG Live attorney Sabrina Strong showed Erk a chart that showed that Jackson's three previous solo tours comprised 275 shows over a 10-year span. She challenged Erk's contention that he was being conservative by projecting Jackson would have performed 260 shows over a three-year period. (AP)
Strong then started walking Erk through Jackson’s solo tour history. She asked him about the “Bad,” “Dangerous” and “HIStory” tours. “Bad” was the longest tour with 123 shows. Jackson was 29 at the time. “Dangerous” was roughly 70 shows; MJ was 33 years old. “HIStory” was 82 shows and Jackson was 38. In total, Strong and Erk said Jackson did 275 shows between 1987 and 2008. (In reality, the 275 shows were performed in a 10-year span between 1987 and 1997, according to figures shown in court.) (AP)
Strong showed Erk's overview of the 260 shows the expert projected MJ would do had he lived, within 37 months. Strong questioned Erk about his 260 tours estimates. She reiterated there's no AEG document saying MJ would ever do 260 shows. Erk said there was testimony that MJ could've done a 48-month tour, which would increase revenue in approximately 30%. The increase would be based on higher ticket sales and merchandising. He didn't include endorsement, which could be higher too. Erk said he didn't calculate how many more shows would be required to fulfill a 48 month tour. Using the simple 30% increase calculation, there would be an additional 78 shows, totaling 338 shows in 48 months. The expert said Randy Phillips, a top AEG Live executive, said in an email they would probably do a four year tour. (ABC7)
Strong asked Erk if MJ's record high of number of shows was 123 shows for "Bad" tour in 1987 when MJ was 29 years old. He said yes. Dangerous tour: began in 1992, MJ was about 33 years old, had 73 shows. Strong said Gongaware testified it was about 70 tours. HIStory tour, 1996, MJ was 38 years old -- 82 shows. Total of 275 shows if added all together. (ABC7)
Strong: Now you have him in one tour, 12 years later, at age of 50, doing 260 shows?
Erk: Yes (ABC7)
Strong then asked about Jackson’s place among other acts in highest-grossing concerts. None of his tours were in the Top 25. Erk explained that Jackson tended “not to go crazy with his ticket prices.” He said he charged less than his counterparts. The accountant also defended his calculations, saying his were in line with what other acts made if you added more shows to their tours. (AP)
Strong said Erk calculated MJ would gross in "This Is It" more than 10 times he ever grossed before in a tour. MJ's highest gross tour is "HIStory" -- $165 million for 82 shows. It ranks number 26 on the highest grossing tours of the all time. Even though HIStory was the highest grossing tour for MJ, he didn't take home any money, according to Paul Gongaware's testimony. (ABC7)
Strong: You estimated gross of $1.5 billion for 260 shows and the highest you know MJ ever did was $165 Million?
Erk: Yes
Strong: And is that conservative?
Erk: Yes (ABC7)
Bad -- $125 million gross. "I can tell you that show was fantastic!," Erk opined on Bad tour. Strong asked if Erk's projection is inconsistent with MJ's tour history. Erk said the show was called This Is It, his final extravaganza. "I packed a lot of shows in to go out with a bang," Erk said. (ABC7)
Regarding the ticket numbers, Strong said that for the 260 tours, Erk's assumption was that it would sell approximately 13 million tickets.
Strong: Just like with the number of shows, MJ never sold anywhere near 13 million tickets, correct?
Erk: Yes
Number of tickets sold in "Bad" was close to 4.5 million. "HIStory" tour sold about the same number of tickets, 4.5 million. (ABC7)
Erk said he doesn't think the child molestation trial would have any impact on whether people would attend his show. Strong asked if people had issue w/ MJ dangling a baby over the balcony of hotel. He said for a short time yes, but not to affect attendance (ABC7) Strong then brought up Jackson’s child molestation trial and his dangling Blanket over the balcony. Erk said they weren’t factors. Erk said AEG Live expected Jackson’s image to be rehabilitated after initial “This Is It” shows to the point he could tour in U.S. again. (AP) Erk said that the five-hour sale of 750,000 tickets to his 50 London concerts showed that Jackson's popularity had not suffered. AEG's plan, was that after the London shows the singer would perform in Europe and Asia, finally ending the tour in the U.S., he said, "and by that time his image would be rehabilitated.” (LATimes)
Strong asked Erk to agree with her that Jackson’s reputation was better in the 1980s than in late 2000s. Erk replied that the 80s were when Michael Jackson got the term “King of Pop.” (AP)
Strong and Erk argued over whether the worldwide tour was contemplated by AEG Live.
Erk said a worldwide tour was considered. He said plans for a worldwide tour were mentioned by Kenny Ortega and Paris Jackson in her deposition. Erk said he spoke to Jackson’s son Prince on Saturday night. He said Prince told him his father said, “’We’re going to Asia.” (AP) Strong asked if MJ never agreed to do more than 50 shows. Erk said he doesn't know if he agrees with that. Erk said he spoke with Prince on Saturday and he said MJ told him they were going to Asia. (ABC7) Strong kept insisting that Jackson had not agreed to anything other than the London shows, although Jackson's contract included the possibility of extending the tour. Erk said he spoke to Jackson's son, Prince, Saturday night. "He said his father specifically told him, 'We're going to Asia,' " according to Erk. (LATimes)
Erk said MJ needed to work, needed the money, so had incentive to perform all shows. (ABC7) The accountant added that Jackson needed the money, and that was a “great impetus to go out and do the shows.” (AP)
Strong then moved deeper into projections for MJ world tour. She asked him about “production kills” -- seats that can’t be used in venues. The seats aren’t available because of sight lines to the stage or other factors. Strong used them to challenge Erk’s numbers for "TII" tour. Strong asked about various stadiums, including Luca Oil Stadium in Indianapolis. Seating capacity is 70,000, but is lower for concerts. Strong noted that Erk hadn’t worked on concert tours and hadn't consulted with people who had for his projections. She told Erk to assume that AEG had put on shows at Lucas Oil Stadium and the seating capacity was 51,000 seats. Erk said he didn’t agree with Strong or AEG’s figures, saying more tickets could have been sold for spots on the field at many venues. The accountant had to concede he didn’t really know the seating capacity, and hadn’t talked to anyone who does for his calculations.(AP)
Erk and Strong went back-and-forth over several venues, and the lawyer challenged him on his projection that MJ would sell out every show. Erk said he thought that was possible. “There’s a tremendous amount of pent up demand,” for Jackson shows in ’09, he said. (AP)
Strong: You estimated Mj would've sold 100% tickets for all the show?
Erk: Based on the huge, excessive demand, yes
MJ was on a category of his own, Erk said, he was the King of Pop, could not be compared to any other artist.
Strong: You had MJ selling out Rose Bowl three times?
Erk: Yes
MJ never performed at the Rose Bowl, Strong said. Panish objected saying MJ performed at Superbowl half time there and it was sold
out. (ABC7)
Strong moved on to Erk’s projection for Jackson concerts in India, including his estimate for 10 shows at Salt Lake Stadium which seats 120k. The lawyer said Jackson only played one show in his lifetime in India. Erk projected him to do 60 shows in India on “This Is It” tour. Strong asked Erk about his research, noting that he based a lot of it on Wikipedia information. The lawyer then asked whether Erk noticed in his online research that the government banned concerts at Salt Lake Stadium in 2009. That detail isn’t currently on the Wikipedia page, but Strong said if it’s true then Jackson couldn’t have performed 10 shows there. Erk said that would have depended on whether a show could have been negotiated to be performed at the venue. (AP)
Strong asked if Erk used the same price for tickets in all shows, in different countries. He said yes, just adjusted inflation. "There are a lot of wealthy people in India," Erk said. Strong asked if Erk knew the stadium in Salt Lake City was for sports events only and that MJ would not be able to perform one show there. Erk said if there was no negotiation, yes, he would not be able to perform there. (ABC7)
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Erk to resume on the stand. Strong estimates another half day of cross, judge gave 2 hrs
After session ended, attorneys for both sides had a heated exchange of words in the hallway when they were talking to media and fans. Both attorneys were shouting to each other, court clerk asked them to knock it off, called sheriffs. (ABC7) One issue that may come in court tomorrow morning _ a verbal tiff between lawyers on the case in hallway outside the Jackson courtroom. It happened after testimony ended and I believe all the jurors were gone by the time this happened. Plaintiff’s lawyer Brian Panish and AEG defense attorney Marvin Putnam shouted at each other after court. Panish said he overheard Putnam say something, and the attorneys exchanged words. Judge Palazuelos’ clerk came out and calmed things down. The clerk asked Putnam to leave and said she would report the shouting match to the judge and it would be addressed on Wednesday. (AP)
Zusammenfassung von Ivy, MJJC #52
__________________________________________
Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 15 - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware
Day 19 - forts. zeuge Gongaware
Day 20 - forts. zeuge Gongaware
Day 21 - forts. zeuge Gongaware
Day 22 - forts. zeuge Gongaware
Day 23 - forts. zeuge Gongaware; zeuge R. Phillips
Day 24 - forts. zeuge Phillips
Day 25 - forts. zeuge Phillips
Day 26 - forts. zeuge Phillips
Day 27 - forts. zeuge Phillips
Day 28 - forts. zeuge Phillips
Day 29 - forts. zeuge Phillips
Day 30 - forts. zeuge Phillips
Day 31 - zeuge Berman
Day 32 - zeugin Chase
Day 33 - forts. zeugin Chase; videodeposition Dr. Earley
Day 34 - zeuge Dr. Czeisler
Day 35 - forts. zeuge Dr. Czeisler
Day 36 - forts. Dr. Earley video depo
Day 37 - zeuge Dr. Matheson
Day 38 - zeuge Michael Jackson Jr.
Day 39 - zeugen TJ Jackson, Taj Jackson
Day 40 - zeugin Karen Faye
Day 41 - zeugin Jean Seawright, Human Resources Expert for Jacksons
Day 42 - zeugin Jean Seawright
Day 43 - zeuge Dr. Sidney Schnoll
Day 44 - zeugen Dr. Stuart Finkelstein video depo.; Kenny Ortega
Day 45 - forts. zeuge Kenny Ortega
Day 46 - forts. zeuge Kenny Ortega
Day 47 - zeugen Taj Jackson; Arthur Erk, Jacksons expert CPA
Day 48 - forts. zeuge Erk
Exklusiv transcripts eröffnungsstatements u.a. (MJJC #1 ff.)
Zeugenaussage von Prince Michael Jackson Jr.; exklusiv transcripts von MJJC # 7
Deposition transcripts filed with the court.
Note : these are not the full depositions, they are only the portions played in the court.
Dr. Stuart Finkelstein Deposition video transcript
Dr. Earley Deposition video transcript
Tim Leiweke Deposition video transcript
Randy Phillips Deposition video transcript
Quelle Ivy, MJJC #50Zuletzt geändert von rip.michael; 21.07.2013, 15:12.
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