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  • #61
    Jacksons vs AEG - Day 12 – May 16 2013 – Summary

    Motions

    There was a motions hearing during the morning session about Frank Dileo emails and Conrad Murray’s police interview.
    Jacksons is trying to get Frank Dileo’s emails. Jacksons believe there may be discussions between DiLeo and AEG about MJ/his health (ABC7). David Regoli, a lawyer for Mrs. Dileo, said Mrs. DiLeo asked him to review the subpoena by Katherine Jackson's attorney, go thru the emails and produce anything relevant to the parties. Media (AP) also reported that the same law firm represented Dileo family in regards to the subpoena but they no longer represent Mrs. Dileo.

    Jackson's attorneys want to make sure AEG turned over all the email conversations AEG had with everyone about MJ. If it's proven they didn't, it could be a problem for AEG's attorney. Everyone is on standby. (ABC7)

    Judge ruled that Murray’s June 27 LAPD interview is considered hearsay and it can’t be presented to the jury. Judge said Murray’s statement might be admissible if the former doctor testified in court.


    Julie Hollander Testimony

    Jackson Direct

    In the afternoon session Julie Hollander, AEG's VP of Controller and Event Operation, has testified. She has been called as an adverse witness by Jacksons. (ABC7)

    First part of her testimony was explaining who hired her (Timm Wooley) and what a CEO/CFO does. She works for AEG Live, under AEG.(ABC7)

    Hollander said that in 2009 Wooley was more than just a tour accountant. Wooley came back to work in the "This Is It" tour. (ABC7)
    Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live (ABC7)

    Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It." "I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system. (ABC7)

    Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts. Hollander said she didn't prepare the budgets for TII tour. Wooley did. (ABC7) Hollander was responsible for overseeing the books and the general ledger of all transactions related to “This Is It,” but said it was AEG executive Timm Woolley who actually created and managed the budget and made sure people got paid. (LATimes)

    She reported the budget primarily to Paul Gongaware. Hollander said budget was the costs expected to incur in the tour with developing the shows, taking show on the road, getting gear to London. Other budgeted costs: traveling for people involved, housing for some people involved and insurance. (ABC7)

    Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract. “We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated." (ABC7) She said, however, that there were situations where contracts were signed after Jackson’s death because “due to the abrupt end of the tour, deals were renegotiated.” (LATimes)

    Hollander: "My role was to execute payments pursuing to executed contracts." (ABC7)

    Hollander: "My understating was that Dr. Murray was part of the budget, is listed on the budget for the tour at the request of the artist." (ABC7)

    She agreed she saw Dr. Murray's contract, but says it was un-executed, since it was not signed by all parties. (ABC7)

    Panish: you don't know whether Dr. Murray was performing services for MJ?
    Hollander: I don't know, I can't say for sure, not me, personally (ABC7)

    Woolley advised her that Murray was “engaged at the request of the artist,” Hollander said, and added that the budgets were ultimately approved by Gongaware. (LATimes)"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live (ABC7)

    Julie Hollander, vice president/controller of event operations for AE Live, testified in the wrongful death trial that Murray’s salary of $150,000 each for the months of May and June that year was included in a budget approved by executive Paul Gongaware. (LATimes)

    Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract. Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09 (ABC7)

    Hollander called the doctor’s contract with AEG a “draft” because, although it was signed by Murray, neither Jackson nor AEG had signed it.

    “If Michael Jackson didn’t die and AEG signed, then AEG would owe the money, right?” Brian Panish, the Jackson family’s attorney, asked.

    “If all parties signed it would have been a fully executed contract, yes, and I would have to — if the costs were approved — it would be no basis for me to say I’m not going to pay that,” Hollander said. (LATimes)

    Hollander: There was $300,000 listed on the budget for Dr. Murray, yes. That budget was approved by Mr. Gongaware. (ABC7)

    Panish: For London there was more than 1 million dollars in the budget to pay Dr. Murray, right?
    Hollander: I don't recall a figure of $1Million (ABC7)

    Brian Panish shows Hollander a large binder with 80 documents she reviewed to refresh her recollection.(ABC7)

    Panish: AEG advanced money to MJ, is that right?
    Hollander: Yes, it was an advance, recoupable in some capacity (ABC7)

    Panish showed email from 5/18/09 from Hollander to Wooley: "Were in process of quickly putting together urgent re-forecast for Mr Anschutz"(ABC7)

    On May 18, 2009, Hollander wrote an email to several executives asking for information that would help give AEG owner Philip Anschutz an idea of the upcoming tour profits.

    “We are in the process of quickly pulling together an urgent re-forecast for Mr. Anschutz and need the latest and greatest on MJ,” her email read. “I recall that you were working on an update. Is it ready for consumption? I need something by tomorrow at the latest.… Once the numbers are in, I need direction from you with respect to the split between UK and US.”

    Panish asked Hollander, “They weren’t asking you how the rehearsals were going, were they?”

    “No.”

    “They wanted to know how much money would be made for the U.S. and how much money would be made for the U.K., correct?”

    “Yes.” (LATimes)

    Panish: Do you know if AEG ever performed a background check on Dr. Murray?
    Hollander: I'm not aware of anything in that regard (ABC7)

    Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour. Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted. (ABC7)

    Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid (ABC7) Hollander said she spoke with Woolley about the inclusion of Murray on the budget and to AEG’s in-house attorney Shawn Trell about conditions under which the doctor would be paid. (LATimes)

    Panish showed the jury the budget from 5/16/09 for 27 shows:
    Management Medical --300,000; 450,000; 750,000
    Total: $1.5 Million to pay Dr. Murray (ABC7)

    Hollander verified a document created May 16, 2009, that listed dozens of changes to the “This Is It” budget. Murray was listed as item 29.

    “MJ wishes to have a permanent physician available on call throughout the pre-tour period on operational period,” the document said. “There are 2 months at $150,000 newly budgeted.” (LATimes)

    On April 30, 2009, Panish showed a document with $300,000 budgeted for management medical. (ABC7)

    ---------------------------------------------------------------------------------------------------
    Dr. Emery Brown , Propofol expert from Harvard, is announced as the next witness to be called.



    Zusammenfassung von Ivy MJJC #14


    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    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

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


    Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

    Kommentar


    • #62
      The Jacksons vs. AEG Live – Zeugen der Jacksons, 6. Teil

      17. Mai 2013

      Nachdem am Mittwoch keine Zeugenbefragungen stattfanden, riefen gestern die Jackson Anwälte ihre nächste Zeugin in den Zeugenstand: Julie Hollander, (Finanz-)Controller bei AEG Live. Sie bestätigte, dass AEG im Jahre 2009 ein Budget über USD 300’000 für zwei Monate (Mai und Juni) Pflege von Michael Jackson durch Dr. Conrad Murray vorsah. Das Budget wurde von Paul Gongaware, co-CEO von AEG Live, bewilligt. Julie Hollander war verantwortlich für die Rechnungsbücher und das allgemeine Konto für alle Transaktionen im Zusammenhang mit den “This Is It” Shows. Jedoch, so Hollander, war Timm Woolley, ein AEG Executive, für das Budget selbst und die Sicherstellung, dass die Leute bezahlt wurden, zuständig. Hollander sagte aus, dass Woolley sie informiert hatte, dass Conrad Murray “auf Wunsch des Künstlers angestellt” worden sei. Den Vertrag zwischen Conrad Murray und AEG bezeichnete die Zeugin als Entwurf, da nur Conrad Murray ihn Zeitpunkt unterzeichnet hatte und weder Michael Jackson noch AEG den Vertrag gegengezeichnet hatten. “Wenn Michael Jackson nicht gestorben wäre und AEG unterzeichnet hätte, würde AEG [Murray] das Geld schulden, richtig”, fragte Brian Panish, der Jackson Anwalt, die Zeugin. Ja, so Hollander, wenn alle Vertragsparteien unterzeichnet hätten, wäre es ein rechtsgültiger Vertrag gewesen, der die Rechtsgrundlage für die Lohnzahlungen gewesen wäre.

      Als nächstes wurde sie zu einem Dokument befragt, das am 16. Mai 2009 erstellt worden war und das Dutzende von Änderungen in Bezug auf das “This Is It” Budget aufwies. Punkt Nr. 29 auf jener Liste war Conrad Murray. Kommentar zu diesem Punkt war: “MJ wünscht während der Zeit vor Tourbeginn einen permanenten Arzt zur Verfügung zu haben. Entsprechend wurden neu zwei Monate zu USD 150’000 budgetiert.” Gestützt auf diese Änderung sprach Hollander mit Woolley und AEGs Unternehmsanwalt Shawn Trell betreffend die Bedingungen, unter denen der Arzt bezahlt werden sollte. Zwei Tage später, am 18. Mai 2009, schrieb Hollander eine E-Mail an verschiedene Direktoren von AEG, um Informationen zu erhalten, die Philip Anschutz, dem Eigentümer von AEG, dazu dienen sollten, sich ein Bild über die bevorstehenden Gewinne im Rahmen der “This Is It” Shows zu machen. In der E-Mail heisst es: “Wir sind dabei, rasch eine dringende aktualisierte Vorhersage für Herrn Anschutz zusammen zu stellen und benötigen dafür ‘the latest and greatest’ [das Neuste und Beste] von MJ. Ich mag mich erinnern, dass ihr an einem Update gearbeitet habt. Ist der schon parat? Ich brauche etwas spätestens bis morgen… Sobald ich die Zahlen habe, brauche ich eure Anweisung, wie diese zwischen England und USA aufgeteilt werden sollen.” Gestützt darauf fragte Brian Panish Hollander: “Niemand fragte nach, wie die Proben verliefen, richtig?” Nein, so Hollander. “Die wollten wissen, wieviel Geld sie für die USA und England verdienen würden, richtig?” Ja, antwortete Hollander.

      Quellen: jackson.ch, latimes.com

      Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-6-teil/
      Copyright © jackson.ch

      Kommentar


      • #63
        Michael Jackson manager's e-mails found, could be key in AEG trial

        By Alan Duke, CNN
        May 18, 2013 -- Updated 0229 GMT (1029 HKT)

        STORY HIGHLIGHTS

        * Frank DiLeo's laptop couldn't be found after Jackson's lawyers subpoenaed it
        * AEG's lawyers represented DiLeo's estate in the fight to stop the subpoena
        * Another lawyer kept a copy of the manager's e-mail file
        * Jackson lawyers argue AEG forced Michael Jackson to take DiLeo as his manager


        Los Angeles (CNN) -- A cache of e-mails believed lost when Michael Jackson's last manager's laptop disappeared could become key evidence in the wrongful death trial against AEG Live.

        Lawyers for Michael Jackson's mother and three children don't know what they'll find in Frank DiLeo's e-mails, but they are hoping it will support their contention that DiLeo was beholden to the concert promoter and not to Jackson.

        Jackson changed managers twice in the last three months of his life. In late March 2009, he hired Leonard Rowe -- one of his father's friends -- to replace Tohme Tohme, the manager who initially negotiated the deal with AEG for his "This Is It" tour.

        Jackson lawyers argue that AEG Live forced Jackson to take DiLeo, who had worked for him off and on for decades, as his manager in May 2009 because they did not want to work with Rowe.

        Their contention is part of their larger argument that AEG Live executives were liable for Jackson's death because they hired, retained or supervised Dr. Conrad Murray, the physician convicted of involuntary manslaughter.

        AEG counters that it was Jackson who chose and hired Murray, not them. AEG lawyers argue that Jackson was responsible for his own death and that drug addiction led to his bad decisions.

        The coroner ruled his death, which came near the end of preparations for a series of comeback concerts, was caused by an overdose of the surgical anesthetic propofol that Murray was using to treat Jackson's insomnia.

        AEG Live contends its executives had no way of knowing the doctor was using propofol in the privacy of Jackson's bedroom.

        The Jacksons are seeking billions of dollars in damages, equal to what Michael Jackson might have earned if he had not died on June 25, 2009. The Los Angeles trial began three weeks ago and is expected to continue into July.

        The lawsuit contends AEG Live ignored warning signs about Jackson's health in his last weeks, and instead of getting him help they pressured Jackson and Murray to have him at rehearsals. DiLeo would have been part of that pressure, they contend.

        "Get him a bucket of chicken," DiLeo said on June 19, 2009, in reply to concerns about Jackson's weight loss, makeup artist Karen Faye testified last week. "It was such a cold response, it broke my heart," Faye said through tears.

        The next day -- June 20, 2009 -- DiLeo left a voice mail on Murray's cell phone. "I'm sure you're aware he had an episode last night. He's sick. Today's Saturday. Tomorrow, I'm on my way back. I'm not going to continue my trip. I think you need to get a blood test on him. We got to see what he's doing?"

        DiLeo's e-mails were recovered after what the judge called "a lot of red tape and kind of cloudiness," that included the AEG's lawyers also representing the estate of DiLeo, who died in 2011, in fighting the Jacksons' subpoena for them.

        "Because (DiLeo's widow) didn't have litigation counsel, we're representing her for the limited purposes of responding to that subpoena," AEG's lead lawyer, Marvin Putnam, told the judge.

        Soon after an Ohio court ordered DiLeo's estate to give his laptop and e-mails to the Jackson lawyers, the AEG lawyers -- in their other capacity representing the DiLeo estate -- reported that they could not locate the computer or e-mails.

        Jackson lawyers, however, learned that the DiLeo estate's previous lawyer -- Pennsylvania lawyer David Regoli -- kept a copy of the e-mail files. For the past several weeks, however, the AEG lawyers argued he had no authority to provide them to the Jacksons' lawyers for use in the case against AEG.

        But in a phone call to the court this week, Regoli said he advised DiLeo's widow, Linda DiLeo, that "in my opinion, it was a conflict" for AEG's lawyers -- from the Los Angeles firm O'Melveny and Myers -- to represent her in the matter.

        "She said that she never signed anything with O'Melveny and Myers to authorize them to represent her, and as of this moment they are not representing her anymore," Regoli said.

        Linda DiLeo then rehired Regoli, which allows him to send the e-mails on to the Jacksons -- after removing any that are personal or not relevant to the case.

        "I think I can give the court my assurances that I'll go through the documents that I have and I'll go through the e-mails, and anything that is related to the subpoena, I would obviously turn over," Regoli said.

        As for the missing laptop, there was a simple explanation. Linda DiLeo "had told me her daughter had given it to a friend who needed a computer," Regoli said. "It wasn't a very new computer."

        While the Jackson lawyers wanted to explore how AEG's lawyers came to represent the DiLeo estate in Ohio, the judge declined exploring the matter.

        "All we know right now they're not representing her, and that's enough for us," Judge Yvette Palazuelos said.

        The trial's fourth week starts Monday morning with AEG's chief counsel, Shawn Trell, on the witness stand. Jackson lawyers are expected to grill him about the contract negotiations with Michael Jackson and Murray.

        A cache of e-mails believed lost when Michael Jackson’s last manager’s laptop disappeared could become key evidence in the wrongful death trial against AEG Live.

        Kommentar


        • #64
          The Jackson vs. AEG Live – Zeugen der Jacksons, 7. Teil

          18. Mai 2013

          Am Freitag wurde Marty Hom, ein Konzerttourdirektor und Tour Manager mit über 25-jähriger Berufserfahrung, befragt. Bevor ich näher auf Marty Homs Aussagen eingehe, sei erwähnt, dass es sich hierbei um einen ungewöhnlichen und raffinierten Zug der Jackson Anwälte handelte. Denn ursprünglich war Marty Hom als Experte von AEG einvernommen worden und seine eidesstattliche Aussage wurde (wie üblich) vor dem Prozess auf Video aufgenommen. AEG bezahlte Homs dafür USD 500 pro Stunde. Das Videomaterial wurde vor dem Prozess an die Gegenpartei ausgehändigt und nun hat Brian Parish, der Jackson Anwalt, gestern für die Geschworenen 45 Minuten dieses Videomaterials abgespielt und Marty Hom anschliessend im Zeugenstand befragt. Brian Parishs Begründung für dieses ungewöhnliche Vorgehen war, dass er sicherstellen wollte, dass die Geschworenen Homs Aussage vorgespielt bekamen, falls AEG sich am Ende dazu entschliessen würde, Hom nicht in den Zeugenstand zu rufen. Ein (wie sich herausstellte) recht kluger Präventivschlag, wenn man die nachstehenden Aussagen liest. Jacksons: 2, AEG: 0.

          Marty Homs bestätigte, dass die ursprüngliche Lohnforderung von Conrad Murray über USD 5 Mio. ungeheuerlich war und ein Warnsignal dafür hätte sein müssen, dass etwas nicht stimmte. Homs sagte u.a. auch, dass bei den Konzerttourneen, für die er verantwortlich war, der Künstler nie einen Arzt mit sich gebracht hatte. Beim Grossteil seiner Aussage ging es um die Beziehung zwischen einem Tour Manager, Künstler und Arzt. Homs sagte aus, dass es nicht angebracht gewesen sei für einen Tour Manager oder Promoter, sich in die Beziehung zwischen dem Arzt und seinem Patienten einzumischen. Als Parish Homs fragte, ob es in Ordnung sei, dass jemand in Abwesenheit des Künstlers mit dessen Arzt spreche, antwortete Homs: “Ich dachte, es läge in der Verantwortung des Arztes, nein zu sagen.” Homs war kein anderes Beispiel bekannt, wo der Promoter oder Produzent ein privates Gespräch mit dem Arzt des Künstler geführt hätte. Wenn ein Performer krank wäre, wäre es Homs natürlicher Instinkt, dessen Arzt zu fragen, ob der Künstler in der Lage sei, in einer Woche aufzutreten. Ferner sagte Homs aus, dass ihm kein Fall bekannt sein, bei dem der Promoter oder Tour Manager das Gehalt des Managers des Künstlers bezahlt hätte. Ausserhalb des Gerichts sagte Brian Parish später, dass er zu einem späteren Zeitpunkt Beweise vorlegen werde, dass AEG Michaels Manager, Frank DiLeo, bezahlt hatte und dies einen Interessenskonflikt dargestellt hätte.

          Quellen: jackson.ch, latimes.com

          Weiterlesen unter http://www.jackson.ch/the-jackson-vs...cksons-7-teil/
          Copyright © jackson.ch



          The Jacksons vs. AEG Live – Was gab’s diese Woche sonst noch Interessantes?

          18. Mai 2013

          Am Donnerstag wurden nicht nur Zeugenbefragungen vorgenommen. Am Vormittag ging es unter anderem auch um die E-Mails von Michael Jacksons Manager Frank DiLeo. DiLeo war bekannterweise Michaels Manager in den 1980er Jahren bis ihn Michael 1989 entliess. Im Rahmen der “This Is It” Shows tauchte DiLeo wieder als Michaels Manager auf. Die Jackson Seite argumentiert, dass DiLeo nicht Michael sondern AEG gegenüber verantworlich war und dass die E-Mails von DiLeo wichtig seien, dies zu beweisen. Mit anderen Worten, die Jackson Seite geht davon aus, dass AEG Michael Jackson dazu gezwungen hatte, DiLeo als seinen Manager anzustellen (da diese nicht mit Leonard Rowe zusammen arbeiten wollten, den Michael Ende März 2009 angestellt hatte, um Tohme Tohme zu ersetzen).

          Die ganze Angelegenheit um DiLeos E-Mails stellt sich beim näheren Hinschauen aber als noch weitaus brisanter und komplexer heraus. Nach Frank DiLeos Tod im August 2011 wurde dessen Witwe Linda von AEG Anwälten vertraten. Nachdem das Gericht in Ohio die Nachlassverwaltung von DiLeo beordert hatte, dessen Laptop und E-Mails an die Jackson Anwälte herauszugeben, sagten die AEG Anwälte in ihrer Funktion als Vertreter des DiLeo Nachlasses, dass sie weder den Computer noch die E-Mails finden könnten. Die Jackson Anwälte hatten jedoch erfahren, dass der Anwalt, der den Nachlass am Anfang, bevor die AEG Anwälte aufgetaucht waren, vertreten hatte, David Regoli, im Rahmen der Inventarisierung eine Kopie aller E-Mails von Franks Laptop gemacht hatte. Während der letzten paar Wochen hatten die AEG Anwälte argumentiert, dass David Regoli nicht berechtigt sei, diese E-Mails an die Jackson Anwälte herauszugeben, damit diese sie im Prozess gegen AEG verwenden könnten. Während eines Telefonats mit Richterin Palazuelos sagte Regoli, dass er DiLeos Witwe geraten habe, dass seiner Meinung nach ein Interessenskonflikt für die AEG Anwälte bestünde, Linda DiLeo in dieser Sache zu vertreten. “Sie sagte, sie habe nie etwas unterzeichnet, dass [die AEG Anwälte] bevollmächtigte, sie zu vertreten und dass diese Linda DiLeo von diesem Moment an nicht mehr repräsentieren”, so Regoli. Anschliessend stellte DiLeos Witwe Regoli wieder an, was ihn entsprechend dazu ermächtigen würde, die E-Mails den Jackson Anwälten zuzustellen. Regoni versicherte dem Gericht, dass er alle Dokumente durchsehen und selbstverständlich alle E-Mails, die für den Prozess relevant seien (dh. den gesamten E-Mailverkehr von Frank DiLeo mit AEG und sonstigen involvierten Parteien im Rahmen der “This Is It” Shows) aushändigen würde. Dies soll voraussichtlich in ca. einer Woche erledigt sein. Jacksons: 1, AEG: 0.

          Quellen: jackson.ch, cnn.com, latimes.com

          Weiterlesen unter http://www.jackson.ch/the-jacksons-v...interessantes/
          Copyright © jackson.ch
          Zuletzt geändert von geli2709; 19.05.2013, 00:40.

          Kommentar


          • #65
            Jacksons vs AEG - Day 13 – May 17 2013 – Summary

            Katherine, Rebbie and Trent Jackson are in court.

            Jackson attorney Brian Panish has decided not to call Dr. Emery Brown a propofol expert. (AP) Panish told ABC7 he thought Dr. Brown's testimony wasn't going to add anything new to the jury. (ABC7)

            There’s no witness available now to testify in the morning session, so Jackson attorney Panish plays video deposition of Marty Hom, defense expert witness. (AP & ABC7)

            Marty Hom Video Depostion


            Marty Hom has been in the music industry 25-30 years. (ABC7) Hom is a tour manager who’s worked with the Eagles, Bette Midler, Alicia Keys, Janet Jackson and other big-name acts. (AP).

            The artist is usually who hires and pays him, Hom said. He gets a check from the artist. Hom doesn't know if MJ was paying Gongaware. Hom said his role changes from one tour to the next. He has to adapt quickly to the artist's need, since they are just very different. (ABC7)

            Live Nation and AEG Live are the biggest companies in the business, Hom said. He's been friends with Randy Phillips for probably 10 years. Hom said he worked with Phillips and AEG Live once in the Bette Midler Tour in Las Vegas. Hom has no social relationship with Phillips. (ABC7) Hom said he knows AEG executives Paul Gongaware and Randy Phillips, who he called a friend. Hom said he and Phillips weren’t close -- they didn’t visit each others’ homes or otherwise socialize. (AP)

            The music business in general is very small, Hom said, and Randy Philips used to manage a former client of his,Lionel Richie. Hom said he's never worked w/ Paul Gongaware. He knows him for many years, ran into each other all the time. He considers Gongaware a friend (ABC7)

            “This business is a very, very small business. I probably know most of the people in this business,” Hom said during his deposition. (AP)

            Jacksons attorney Kevin Boyle asked if Hom's friendship with Phillips and Gongaware, defendants in the case, would sway his testimony. Hom said he worked w/ Janet Jackson and met Mrs. Jackson as well. "I probably know everyone in the business, this is a very small business" (ABC7) He was questioned by plaintiff’s attorney Kevin Boyle, who asked Hom given his ties to AEG how he could convince the jury he was objective. Hom said he’s worked with Janet Jackson, and had met Katherine Jackson on a few occasions. (AP)

            This is Hom’s first case serving as an expert witness. (AP) Hom said defendant's attorney called him asking if he'd be interested in being an expert witness in this case. Hom thought about it, agreed. Hom told the atty he didn't know what an expert witness makes. He was told they make between $400 - $500 an hour. They settled on $500/hour. (ABC7)

            Hom: They just wanted me to testify in general scope on what I do for living. I think they were looking for someone who knew the tour biz (ABC7).

            Hom said he's seen artists travel w/ physical therapists, masseuses, cooks, but he's not been on tour where artist takes doctor on the road. Hom said he hired doctors in individual cities when artist was ill, wanted B12 shots, crew was sick. Hom said the tour paid the doctor.(ABC7) Boyle asked Hom whether he’d ever hired a doctor to go on tour. Hom said no. He hires local doctors if an artist is sick or needs treatment. Marty Hom said he’d never worked on a tour in which the artist or artists’ brought along a doctor. (AP) Hom said he knew the Rolling Stones have physician on tour, Blink-182 also had doctors on tour, but he didn't know what their agreements are (ABC7)

            "The doctor should look for the best interest of the artist," Hom opined, "I'd never put artist on stage if it wasn't for his best interest" (ABC7)

            Boyle asked if Hom knew Kenny Ortega. Hom said yes. Boyle asked if Ortega would ever falsely sound alarm about artist health. Hom said no (ABC7)

            Hom said it was not appropriate for the tour manager or promoter to inject themselves into the doctor-patient relationship. (LAtimes) Hom said he never injected himself in doctor-patient relationship. He said he didn't believe it was appropriate 4 concert promoters to do it. Hom: Is it appropriate? I don't know, but it's a question I have to ask for best interest of the show. I think it's a legitimate question. (ABC7)

            Hom said he didn't see a problem asking the doctor questions. It's up to the physician to set the limits, he opined.(ABC7) Asked if it would be OK for someone to speak to the performer's doctor without the artist present, he answered, "I thought it was the doctor's responsibility to say no." (LATimes)

            He said he knew of no instance where a promoter or producer had a private conversation with the artist's doctor.(LATimes)
            Hom said he needs to know if artist can perform and/or for how long he needs to be on leave. That's why he'd ask doctor status of the artist. Hom said he would ask the doctor questions to determine what kind of condition the artist/dancer would be and his capability to do the tour (ABC7)

            He testified that when performers were ill, "my natural instinct is to go to that doctor and ask him, 'Is that dancer going or musician going to be able to make that show in a week?”(LATimes)

            He said he’d never gotten involved in a doctor-patient relationship. He said he does ask doctors about prognosis for injured artists. He said it’s a legitimate question to ask “How long is that musician going to be sick?” and similar questions for the sake of the tour. (AP)
            Hom said it was proper for AEG lawyers to inquire of Murray whether Jackson would be able to perform all of the scheduled shows in London. (CNS)

            He’s also worked with AEG on a couple occasions, including the Alicia Keys tour. He was approached about working on the Rolling Stones tour. (AP) Timm Wooley contacted Hom earlier this year to ask if he would be willing to be the tour manager for the Rolling Stones show. Hom said he was pretty busy this year, but since it's the Rolling Stones, he would like to throw his resume in the pot. Hom said AEG ended up hiring someone else to be Rolling Stones' tour manager. (ABC7)

            Hom said that Dr. Murray asking for $5 million raised a red flag. "It's outrageous." (ABC7 &AP)

            Hom said he's never seen a draft agreement between promoter/producer and a doctor. He's been in the business for 30 years. (ABC7)
            Hom said he wasn't aware of promoter/producing ever paying artist personal manager. Plaintiff says they have evidence AEG paid MJ's manager (ABC7) (Panish said outside court that he will later introduce evidence that AEG was paying Jackson's managers, which could be a conflict of interest. – LATimes)

            Boyle: Would you ever hire a doctor to give an opiate-dependent artist Demerol?
            Hom: No

            Boyle: Would you hire a doctor to be feeding the chemical dependency of the artist?
            Hom: I would not (ABC7)

            Hom also said he would never tell a director he had checked out a doctor if he hadn’t, a reference to claims by the Jackson family about an AEG executive (LATimes)

            Hom said he had no opinion whether the defendants hired Dr. Murray. Hom never talked with Phillips, Gongaware or Wooley about MJ.(ABC7) Marty Hom said he had never talked to Gongaware and Phillips about Michael Jackson. (AP)

            Plaintiff’s attorney Kevin Boyle asked Hom several questions about whether he wanted to work with AEG Live in the future. Hom said yes. (AP) Hom said he'd like to work with AEG Live in the future, not for them. He said the promoters don't have any saying on who hires him. Hom said he works for an artist, he's hired and paid by the artist, promoters have no say on his contract. (ABC7) Hom noted that AEG and Live Nation are the two biggest concert promoters. He wants to keep working with both of them, he said. (AP)


            Julie Hollander Testimony


            Katherine and Rebbie Jackson was not present for the afternoon session.

            Jackson Direct

            Plaintiff’s attorney Brian Panish walked her through "This Is It" concert budgets, both those generated before and after MJ’s death. The documents show that AEG budgeted to pay Murray for his work with Jackson as “preproduction cost.” Murray was never paid. (AP)

            Panish showed Hollander a document from April 30, 2009. It shows management medical for $300,000. Hollander said her job was to facilitate payments and sometimes she approved payment as well. (ABC7)

            Panish asked Hollander if people worked for AEG without fully executed contracts. She said yes, they may start work in general terms. Standard company police is that no payments are made without fully executed contract, Hollander said. The contract could get executed later. (ABC7)

            "People commence work before their contract is executed, yes" Hollander said. (ABC7)

            Panish said people did the work before MJ died, but got paid after he died. Hollander said she didn't recall specifics. Hollander said there were people who had contracts renegotiated after MJ's death. Hollander said AEG renegotiated contracts after MJ died to mitigate the burden on MJ's Estate. (ABC7)

            Panish shows email from 7/10/09 asking Hollander to sign a tour contract so vendor could get paid. Hollander signed it after MJ had died. Panish shows email from 8/4/09 showing another vendor who negotiated contract after MJ died and got paid for prior services. (ABC7)

            Panish also displayed several emails about how other vendors were paid, including makeup/hairstylist Karen Faye. The emails show some vendors were complaining about that they weren’t being paid after Jackson’s death. Hollander said many were paid. (AP)

            One of the emails was regarding $11,500 that Karen Faye charged AEG for wigs she purchased for Jackson. After he died, AEG stopped a payment. Faye was upset that they rescinded the payment and was threatening to go to AEG Live CEO Randy Phillips. (AP)

            Email from 6/30/09 from Randy Phillips to Holland: "This is from Karen Faye who did MJ's hair and makeup. She bought three wigs for use in the tour and one of them is going to be used for his final rest.” (ABC7) He was copied in on a message. “Pay it immediately,” Phillips wrote in an email. “Do not stiff any vendors.” (AP)

            The amount for the wigs was $11,500, which Hollander said it's a nominal amount, thus there's no need for contract. (ABC7)

            From time to time, Mr. Gongaware asked Hollander to expedite payment, she testified. He's an impatient person, vendors are important to him(ABC7)

            As to Tohme Tohme, Hollander knows who he is, but is aware that at some point he was released from duties as MJ's manager. Hollander says she knew Tohme was terminated before MJ died, therefore had no legal power to sign on his behalf. (ABC7)

            Panish said $36 million was spent in MJ's project. He asked if Hollander knew AEG filed claim against Lloyds of London 2 collect insurance. Hollander said she knew it through the press. She doesn't have recollection of specifically providing information for an insurance claim. (ABC7)

            Panish shows Pre-Tour Cost Projection from 5/20/09 where AEG was to pay Dr. Murray $300,000. It was pursuant to the contract, Panish said. Budget prepared by Wooley, approved by Gongaware showed "Management Medical" and amounts to be paid to Dr. Murray are listed "Per Contract" (ABC7)

            On 6/18/09, Hollander received email from Brigitte Segal, who worked on the tour for the estimated cost 4 some living arrangements in London. AEG pays for entertainment arcade & bowling alley because of precondition in terms of what MJ needed at the house as and part of the bargain. AEG pays for 3 of the local houses: Bush, Faye and Murray (wardrobe dresser, make-up/hair & personal physician). Pays for additional furniture, staffing, security, nanny, food. (ABC7)

            Gongaware response on June 19, 2009: "I agree with Timm's allocation and the charges. Approved" (ABC7)

            Hollander said AEG had to pay those costs pursuant to the terms of the contract for the tour, as advance payment. (ABC7)

            Panish shows a pre-production budget vs what was paid. Dr. Murray still appears budgeted on 7/1/09 for $300,000. Hollander said she did not see a contract with Dr. Murray signed by AEG. Panish: If the $300,000 was supposed to be advance for MJ to be repaid, it would be under category "Artist's Advances". Hollander agreed. (ABc7) There was $300k listed for Murray under “preproduction costs” in “This Is It” budgets. It wasn't listed under terms MJ was supposed to pay. (AP)

            Panish: Dr. Murray was supposed to be paid $150,000 per month, correct?
            Hollander: Yes, according to the un-executed contract (ABC7)

            Brian Panish ended his direct examination of Hollander by playing testimony from her deposition about 20 tours she’d handled finances for. (AP) Hollander said that "This Is It" tour was the first time she saw the situation where AEG Live hired a physician for the tour. It was also the first time she saw AEG Live pay for an artist's personal physician, Hollander said. (ABC7) Hollander said “This Is It” was the first time she’d seen costs for an artists’ physician included in a tour budget. (AP)

            AEG Cross

            AEG attorney Jessica Stebbins Bina started her questioning of Julie Hollander. Her early questions focused on money advanced to Jackson. Hollander told Stebbins Bina that it was her first time testifying and that’s why she was so nervous answering questions. (AP)

            Hollander explained what advance meant, it was like cash advance and, depending on the contract, it would be paid back by the artist. Hollander testified that MJ was responsible for 100% of the production costs should the concert not go forward. But if the tour went forward, MJ was responsible for repayment of 95% of the costs and AEG would pay 5%. (ABC7)

            Hollander said that if something is on the budget, it means it was planned to be paid. But things changed very often. (ABC7)

            In the "This Is It" tour, Hollander said she had contracts with staging, lighting, choreographers, sound equipment, etc. She testified that only the contract that had been drafted for Dr. Murray required Michael Jackson's signature. (ABC7)

            "My understanding was that Mr. Jackson had asked to include Dr. Murray in the tour personnel," Hollander explained. "Mr. Murray was requested by the artist, and that was my understanding," explained Hollander. (ABC7)

            "I was instructed that no payments were to be made until MJ signed the contract," Hollander said, due to the personal nature of the services (ABC7) Hollander told jurors she was instructed not to pay Murray until Jackson signed the physician’s contract. (AP)

            Hollander: Tour manager maintains the budget, negotiates some of the vendor's contract, may be involved in mitigating tax exposure. "My role (in TII tour) was to make sure the items created were in line with the budget made," Hollander described. (ABC7)

            Hollander said she never saw a version of Dr. Murray's contract signed by AEG or MJ. AEG never paid Dr. Murray, Hollander said. (ABc7)

            Before court adjourned, Hollander made the point that a budget is a guide for a concert tour. “A budget is just a tool,” Hollander said. She said sometimes an executed contract differs from the budget. In that case, the contract’s terms dictate the payments, Hollander said. (AP)

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

            Hollander resumes testimony Monday morning, then AEG's general counsel Shawn Trell takes the stand.



            Zusammenfassung von Ivy MJJC #15


            ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

            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

            ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


            Originaldokumente der eröffnungsstatements (MJJC #1 ff.)
            Zuletzt geändert von rip.michael; 21.05.2013, 13:48.

            Kommentar


            • #66
              AEG execs face questions about Michael Jackson's death

              By Alan Duke, CNN
              May 20, 2013 -- Updated 0533 GMT (1333 HKT)


              STORY HIGHLIGHTS

              * AEG Live's top lawyer will testify as trial's 4th week begins
              * Jackson lawyer will question AEG Live general counsel about negotiations with Dr. Murray
              * AEG Live's controller confirms the company budgeted $1.5 million to pay for MIchael Jackson's doctor
              * An AEG expert testifies the promoter should have seen "a red flag" when Murray asked for $5 million

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

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

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

              Jackson's mother and three children contend AEG Live is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter.

              The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.

              AEG Live lawyers counter that it was Jackson who chose, hired and supervised Dr. Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol -- the drug the coroner ruled killed him -- to treat his insomnia, they argue.

              Jackson lead lawyer Brian Panish will question AEG Live general counsel Shawn Trell about his company's negotiations with Murray to be Jackson's personal physician for his "This Is It" shows in London.

              The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson's death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.

              The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.

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

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

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

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

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

              Jackson lawyers played video testimony of one of AEG's own expert witnesses Friday -- 25-year veteran tour manager Marty Hom.

              The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Dr. Murray.

              He was asked if AEG Live should have realized something was wrong when Dr. Murray initially asked for $5 million a year to work as Jackson's personal physician. "That raised a red flag because of the enormous sum of money," Hom testified.

              Hom acknowledged he had not seen many of the documents and depositions in the case -- and AEG was considering him for a job as the Rollings Stones tour manager at the same time he was asked to testify.

              AEG asked Michael Jackson’s estate to repay $300,000 for Dr. Conrad Murray’s fee three weeks after Jackson’s death, court testimony revealed Monday.

              Kommentar


              • #67
                Jacksons vs AEG - Day 14 – May 20 2013 – Summary

                Katherine, Rebbie and Trent Jackson were at court.

                Before testimony starts, Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Apparently someone (person wasn’t identified) spoke with a juror, which is a big no-no. Could lead to a mistrial. (AP&ABC7)

                Julie Hollander Testimony


                AEG cross

                Each member of the crew, dancers, musicians had an agreement as to weekly payment, Hollander explained. (ABC7)

                Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed. Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor's employer. (ABC7)

                Contract: Dr. Murray represented he's licensed cardiologist practicing in Las Vegas and that he acts as the Artist's general practitioner. (ABC7)

                Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service (ABC7) AEG attorney Jessica Stebbins Bina went over part of Conrad Murray’s contract related to how he would have been paid. Julie Hollander testified she was told not to pay Murray until the contract was signed by all parties, including AEG and Jackson. Hollander said last week that she was told not to pay Murray until Jackson’s signature was on the contract. (AP)

                Hollander said she has never seen an agreement where the artist had to sign off on a contract for services. (ABC7) Hollander said last week that she was told not to pay Murray until Jackson’s signature was on the contract.AEG exec Julie Hollander re-iterated last week’s testimony that she Murray’s contract was only one she saw requiring MJ’s signature. She said today that she hadn't seen any other contract that required artist’s signature in her experience. Hollander said she thought Jackson’s signature was required due to the personal nature of the services. (AP)

                Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred. Bina showed Hollander report she prepared on 10/21/09 that was sent to MJ's Estate with the costs incurred as advances for the TII tour.

                Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.(ABC7) Julie Hollander told a jury the tally involved expenses compiled through October 2009, roughly three months after the death of the pop star. Budget documents shown Monday in the Los Angeles courtroom show the production was more than $2 million over budget, and that AEG made no payments to Conrad Murray (AP).

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

                Management Medical
                Budget: $300,000
                Actual: Zero

                Public Relations
                Budget: $18,000
                Actual: Zero

                Rehearsal Per Diems:
                Budget: $175,000
                Actual: $89,751

                Rehearsal Facilities:
                Budget: $871,000
                Actual: $1,553,558 (ABC7)


                Jackson re-direct

                In re-direct, Panish asked Hollander if it was true that public relations was not paid $18,000 because MJ died. She said no. (ABC7)

                Panish: Do you know what that $18,000 is for?
                Hollander: No (ABC7)

                Panish: Budget and actual payment for rehearsals per diem were different because Mr. Jackson died, correct?
                Hollander: No (ABC7)

                Hollander didn't know the per diem schedule, so she said she didn't know the answers. (ABC7)

                Panish: You didn't pay Dr. Murray, did you?
                Hollander: No

                Panish: That's why it's not there (on doc shown)
                Hollander: Yes (ABC7)

                But all the estimates include payment for Dr. Murray, Panish asked. "That's what shows in this paper," Hollander responded. (ABC7)

                Contract: promoter shall make advanced to cover mutually-approved production costs up to but not exceeding $7.5 million. (ABC7)

                Panish shows Dr. Murray's contract and asked Hollander if anywhere in the agreement is says this was a draft agreement. In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved, Hollander explained. Panish: Is it your experience people sign draft agreements? Hollander: My experience is that until everyone signs, it can be changed. If this version had been signed by everybody, would've been final, Hollander said. The contract was from 5/1/09 until the end of TII tour (ABC7)

                I was told it was put in there at the request of the artist, Hollander said. Panish asked if MJ had to approve $150K payment for Dr Murray (ABC7)

                I've never been involved in a tour where AEG hired a doctor, Hollander said. "It's never happened before." I know in my experience it's not typical for a promoter or producer to hire a doctor, Hollander said. (ABC7)

                Panish questioned Hollander about Dr. Murray's company and she said it was a LLC in Nevada. "Do you know what GCA is? Does it sell popcorn?" (ABC7)

                Panish asked Hollander if there's written policy against someone working for AEG without executed contract? She said she isn't aware of any. Hollander said there's a policy against paying people without fully executed contract. (ABC7)

                Hollander said tour promoters don't get involved in what it takes to actually put the show together. The artist does. AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified. Acting as producer you get more money than just as promoter, right? Panish asked. Hollander agreed, saying they have earning potentials. (ABC7)

                Hollander said the Michael Jackson Estate approved the cost of the tour expenses incurred by AEG. (ABC7)

                Panish: You don't know whether the artist was supposed to approve the cost while it was incurred and not after his death, correct? (ABC7)

                Panish asked Hollander how it was that she testified last week she worked in 20 concerts and today she said it was more than 100. Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours. My estimates was 20 tours up until 2009, Hollander said. From 09 to today, she said it's upward of 100. (ABC7)

                Panish: Do you have any understanding whether Dr. Murray expected to get paid? Hollander: Only along those lines, yes (ABC7)


                Julie Hollander was then excused subject to recall if needed.



                Shawn Terrell Testimony


                Jackson Direct

                Katherine Jackson's attorneys called Shawn Trell as next witness. Brian Panish doing questioning, Trell is an adverse witness. (ABC7)

                Shawn Trell is the Senior Vice President and General Counsel for AEG Live for 10 years. He's been with the company for 13 years. (ABC7)

                Trell said he met with defendants attorneys for a few hours Saturday and Sunday, reviewed documents to refresh his recollection. (ABC7)

                I'm the client's representative in the court, Trell said. (ABC7)

                Plaintiff’s attorney Brian Panish asked Trell about his relationship with AEG’s trial counsel, Marvin Putnam.Putnam and Trell went to law school together, but Trell said he’s only known Putnam for three or four years. (AP). Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started. (ABC7)

                Attorney Shawn Trell was the one who drafted and edited Michael Jackson’s contract with AEG Live. (AP) Panish: Did you enter in a contract with Mr. Jackson for TII tour? Trell: Yes

                Trell said he was involved in drafting the agreement, but in his deposition, he said he had drafted it himself. (ABC7)

                Panish also asked Trell about his knowledge of Michael Jackson’s interest in producing movies with an AEG film group. Trell said he knew Jackson wanted to produce movies, but he wasn’t aware that MJ wanted to work specifically with AEG. (AP) Trell said he's aware MJ wanted to produce films and Anschutz has a film company. He wasn't aware that MJ and Anschutz met about TTI movie (ABC7) Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie. (ABC7)

                Trell said he never discussed with Tim Leiweke, former AEG's CEO, about MJ. Leiweke is no longer with AEG, Trell said.(ABC7)

                Trell was interviewed by LAPD. "I think they were interested in what we knew about Dr. Murray," she testified. (ABC7) Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn't recall. (ABC7)

                Trell said he's confident he turned over all the material requested of AEG Live. Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents. Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG. Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell. (ABC7)

                Panish asked if AEG Live sent a letter to MJ's Estate after he died trying to recoup money. Trell said he didn't recall. Panish showed an AEG Live letter written to MJ's Estate with costs incurred for the tour. It was signed by AEG's CFO. "This report was sent to the Estate as an accounting and an effort to recoup the money based on the agreement," Trell said. The report indicated around $30 million had been spent on the production of the tour. The report included $300K to pay Dr. Murray. Panish noted that the report was sent to MJ's Estate to recoup money "spent." AEG never paid Dr. Murray. "To me, it was a mistake," Trell said about including payment to Dr. Murray. (ABC7) Plaintiff's attorney showed Trell a July 2009 letter to Jackson's estate aiming to recoup production expenses, including $300k for Murray. Trell said including Murray as a production cost in the budgets and letter to Jackson estate was a mistake. (AP)

                Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company's chief financial officer made another major error by classifying Dr. Murray's fees as "production costs" and not "advances" in all of the budgets for Jackson's "This It It" tour. (CNN)

                "Mistakenly, yes," Trell said.
                Despite these "mistakes," Trell called the CFO "a very detailed-oriented guy." (CNN)

                MJ was given $5 million in advance: $3 million was to pay settlement of a lawsuit, $100,000/month for Carolwood house lease. Trell said MJ was already in the house at Carolwood when they entered into the agreement. AEG was to assist MJ to get $15 million in credit line, or would advance the money, so MJ could buy a house in Las Vegas, Trell testified. (ABC7)

                Trell said Tohme Tohme was acting as MJ's manager at the time and was to be paid no more than $100,000. Panish asked if AEG Live ever had a contract that included pay for artist's personal manager's salary: "I don't recall one." "This was the only time we paid a personal manager," Trell testified. AEG Live's producer's fee: 5 percent of net tour income. (ABC7)

                Panish asked if Dr. Murray was listed in every budget after May 8, 09: "He was listed incorrectly as production cost," Trell said. (ABC7)

                After lunch break, Panish asked Trell is AEG was getting 5% as producer and 10% as promoter of the show, and he said yes. Panish shows a document with AEG Mission Statement. One of bullet points is "to create land maximize revenue streams." (ABC7)

                As of June 2009, Trell said AEG was not sure the extent of Jackson's assets to secure the interests of the company. "There's an inherent risk in any commercial undertaking," Trell said. It wasn't a sure thing that AEG would get back the $35 million spent. By the time they spent $35 million, tickets were already been sold, Trell said and they knew tour was sold out. The development of a tour is a fluid thing, there were conversations between our side and MJ's side all the time, Trell said. "I don't know when I became aware the production cost exceeded $7.5 million," Trell testified. As to non-appearance insurance, Trell said he got insurance for $17.5 million. (ABC7)

                Panish: After MJ died, you drafted an agreement to approve productions costs?
                Trell: Yes (ABC7)

                The letter was drafted on June 28, 2009, 3 days of MJ's death. "I wouldn't characterize it as trying to get the monies back," Trell said. Panish explained the letter was to get confirmation of all the money spent so AEG could recoup the money spent. (ABC7)
                Trell said there was nothing in writing saying Mr. Tohme was an officer of MJ's company. He said Mr. Tohme verbalized it to him, though. "I had nothing in writing," Trell said about Tohme representing MJ. "Presumably they could've objected if they felt it wasn't true." Trell said Mr. Tohme represented to him he was representing MJ. "I had no reason not to believe him," Trell said. (ABC7)
                He was also asked about a letter he sent to Tohme Tohme, MJ’s onetime manager. Jackson’s agreement with AEG Live called for Tohme to be called $100,000 a month, but Tohme was never paid. (AP) Trell said he drafted the agreement that Mr. Tohme was going to be paid by AEG as part of production cost. "We were making that payment." Trell said he didn't know who came up with the $100K figure to pay Mr. Tohme. "AEG was facilitating an agreement between MJ and Dr. Tohme." Tohme was not paid. "That was because there were some conditions in the agreement not met." (ABC7) Shawn Trell testified that he found out after the contract was signed that Jackson didn’t authorize Tohme’s payments.(AP) "Subsequently, I learned Mr. Jackson had not approved the payment," Trell testified. "MJ didn't authorize, so it wasn't going to get paid," Trell said, explaining he learned it either from Randy Phillips or Frank DiLeo. (AB7) “If Michael Jackson didn’t authorize it, it wasn’t going to get paid,” Trell said regarding Tohme Tohme’s payments. (AP) On 5/5/09, MJ wrote: "At my direction and effective immediately, Dr. Tohme Tohme is no longer authorized to represent me in any capacity" (ABC7)

                Panish: are you license to practicing law in CA?
                Trell: no, not in all aspects (ABC7)

                Trell is registered as in-house counsel for AEG. He's never taken the CA bar test.(ABC7)

                Bob Taylor is an insurance broker, Trell said, and Lloyds of London is one of the underwriters of the type of insurance they were seeking. Panish shows a document where MJ was required to have a physical exam so broker could take the results to the insurance companies. Trell said he asked the question why insurance broker had chosen Dr. Slavit in NY and not a doctor in LA. The payment of the doctor was going to be 50/50 between the insurance broker and AEG, Trell said. Trell testified that it was the broker's belief that without physical exam there would be no way to get insurance. An email shows Trell inquired if it was really necessary to incur $10K in expense to get the medical exam completed. Trell said he never saw Dr. Slavit's report, or any other report, regarding MJ's physical exam; didn't know what kind of doctor he was. Trell said he learned through Taylor they wanted to get a number of years about MJ medical history. "They were concerned he had skin cancer" "The policy was otherwise issued, but this was to add illness," Trell said. They required 2nd examination in London; wanted to see rehearsal. Trell said he never saw a request for a second medical exam in any tour. (ABC7) Plaintiff’s attorney Brian Panish also questioned Trell extensively about concert cancellation insurance for Jackson. An insurance broker was pressing AEG for a medical examination of Jackson before agreeing to write the policy. Emails between Trell and the broker showed there were concerns by insurers in London about Jackson’s health. One of the emails said Jackson was getting “mauled” by tabloid press over health concerns. Trell said concern was Jackson had skin cancer. Trell and the broker went back-and-forth a lot over in Jan. 2009 which doctor would do the exam. In the end, a NYC doc examined Jackson. Trell said he never saw the results of the medical examination. In March, insurers wanted another exam of Jackson in London. The second examination would cover illness, but insurers wanted another med exam and to attend full dress rehearsal, Trell said. Trell said he also inquired about life insurance for Jackson. He said AEG had inquired about that for other artists, but didn't specify. (AP)

                Panish: the insurance wanted additional medical exams because they were concerned, weren't they?
                Trell: I have no idea (ABC7)

                Panish showed email from the insurance broker to AEG execs with several question: details of coverage required, if artist had doctor on tour. Trell said he doesn't know whether this email with the requests was ever sent to MJ's people. Trell said Dr. Murray was asked later to help with these answers. "It was thought that he might be of some help." Panish asked if Trell sought life insurance on MJ where they would be the beneficiaries. "An inquire of that was made to Mr. Taylor." "We have no coverage against MJ sickness unless and until MJ submits to another medical in London." "It was important to get that medical done," Trell testified. He said policy would kick in on death, but not illness. (ABC7)

                Panish: You were working on getting insurance on the day MJ died, weren't you sir?
                Trell: I don't recall (ABC7)

                Given the hour MJ died, Trell said he thinks he was not on the phone with Bob Taylor negotiating more insurance for MJ. (ABC7)
                Panish showed email from Gongaware to the insurance broker on June 24, 2009:
                "Dr. Murray can comment on the availability of the records." (ABC7)

                Panish said the amount of coverage was the maximum the underwriters were willing to cover, Trell agreed; it was effective April/early May. Two days before MJ died, Trell asked broker for longer insurance coverage: "Term insurance is a reference to a form of life insurance" Trell said he was looking for other options to cover the gap for what had already been spent. (ABC7)

                AEG made a claim on the insurance, Trell said.
                Panish: You made the claim the night MJ died, didn't you?
                Trell: I don't recall the date; it wasn't Jun 25th when I sent letter to Taylor
                Panish: Were you speaking with Taylor about MJ being sick on the day he died?
                Trell: I don't recall speaking with Mr. Taylor on the 25th (ABC7)

                Panish asked if Trell discussed w/ Taylor about recouping Dr. Murray's production cost. He said they'd typically pass along the costs. (ABC7)

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

                Panish: Did Mr. Phillips tell you MJ was in bad shape prior to June 25?
                Trell: Yes, on June 19 (ABC7)

                Trell said there were no AEG employees at rehearsal on June 19. He learned about MJ's feeling ill during the executive management meeting. Trell said he never spoke with Dr. Murray about MJ's condition. Randy Phillips learned about MJ's physical condition through Kenny Ortega, the tour director for TII, Trell said. (ABC7)

                Panish: Within one week of MJ's death, the executive management was told about MJ poor physical condition?
                Trell: The events on June 19, yes (ABC7)

                The tour's director Kenny Ortega was being paid based on an agreement laid out solely in emails, AEG General Counsel Shawn Trell told jurors. (AP) "Ortega's contract was a series of emails between us" Trell said. "He didn't have agreement of the nature as other people had on the tour". Trell: I don't recall, but I know initially it was more informal agreement. He (Ortega) was being paid based on the email agreement. (ABC7)

                Dr. Murray was an independent contract, Trell said. An agreement is a term of conditions, not only agreement on compensation. "He was rendering services to Mr. Jackson; he had not been engaged for TII tour," Trell testified. (ABC7)

                Panish: And Dr. Murray had an agreement with AEG based on the emails?
                Trell: No, Dr. Murray didn't have an agreement with AEG (ABC7)

                In court, attorneys for Katherine Jackson displayed emails sent to Murray a month before the death of MJ in which Murray's contract terms were laid out. Trell said those emails did not demonstrate an employment relationship.Trell acknowledged, however, that Ortega was paid for his work on the shows despite working under terms laid out only in a series of emails."Kenny Ortega is different from Conrad Murray," Trell testified. (AP) Panish said Ortega didn't have a memorialized agreement. "Kenny Ortega is different from Conrad Murray," Trell said. (ABC7)

                Email from Dr. Murray to Wooley on May 29, 2009:"I have performed and continue to fulfill my services to the client in good faith. Therefore, I am asking you to deposit my fee for May in reciprocity of good faith on your part as per our agreement the usual and customary date for deposit is around 15th of each month, by today's date we're 13 days beyond my monthly fee.”
                Trell said they had agreed on the compensation for Dr. Murray, but needed to memorialize the deal in an agreement. (ABC7) Email from Wooley to Murray on May 8, 09 details terms of the contract: contracting company, mode of travel, living arrangements in London. Another email shows Wooley asking Dr. Murray for a cancelled check for direct deposit of his monthly compensation. (ABC7)

                Email from Gongaware to Brother Michael on 5/6/09 regarding Dr. Murray:
                "Done at $150K per month, per MJ."

                Trell said Gongaware was authorized to negotiate with Dr. Murray, but he was still subject to an AEG contract.(ABC7) Another email said executive Paul Gongaware informed others that Murray would be "full time" on the tour by mid-May.(AP)

                Panish asked if before a contract is written, the "meeting of the minds" is necessary. Trell agreed. (ABC7)

                Panish: And Dr. Murray was working for AEG Live in May of 2009
                Trell: No, I would totally disagree with that statement (ABC7)

                Plaintiff's attorney Brian Panish asked Trell to agree with a statement that Murray was working for AEG. "I would totally disagree with that statement," Trell said, noting that Ortega and Murray were considered independent contractors. (AP)

                Trell testified that five days before Jackson's death, top AEG executives were informed the singer was in poor health. By that point, Ortega had sent executives an email titled "Trouble at the front" detailing Jackson's problems.(AP)

                Email from Ortega to Phillips on 6/20/09
                Trouble at the Front
                "I honestly don't think he's ready for this based in his continued physical weakening and deepening emotional state. It is reminiscent if 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 very best thing we can do is get a top Psychiatrist in to evaluate him ASAP. It’s like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in his weakened and troubled state … I honestly felt if I had encouraged or allowed him on stage last night he could have hurt himself. I believe we need professional guidance in this matter." (ABC7 & LA Times)

                Phillips turned down the request for a psychiatrist. In emails previously published by The Times, Phillips wrote, "It is critical that neither you, me or anyone around this show become amateur psychiatrists or physicians." (Latimes). Trell said Phillips did not contact a psychiatrist, doctor or any other medical provider, but they had a meeting that same day. "I think someone took it seriously," Trell said. He was not present at the meeting, but it was with Dr. Murray. (ABC7) Trell said the company’s response was to hold a meeting that day with Jackson and his doctor, Conrad Murray. “…so I think they took it seriously,” he said. (LAtimes)


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

                Shawn Trell will continue to testify and is expected to last all day on the witness stand. Paul Gongaware is next witness. He'll be at the courthouse first thing on Wednesday, assuming they finish with Trell by then. (ABC7)



                Zusammenfassung von Ivy MJJC #16



                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                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

                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


                Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

                Kommentar


                • #68
                  AEG execs face questions about Michael Jackson's death

                  By Alan Duke, CNN
                  May 20, 2013 -- Updated 2046 GMT (0446 HKT)

                  STORY HIGHLIGHTS

                  * NEW: AEG Live exec says listing doctor's fees as "production costs" was a mistake
                  * NEW: AEG Live asked Jackson estate to repay $300,000 for the doctor
                  * AEG Live's controller confirms company budgeted $1.5 million for Michael Jackson's doctor
                  * An AEG expert testifies it should have been "a red flag" when Murray asked for $5 million

                  Los Angeles (CNN) -- AEG Live asked Michael Jackson's estate to repay the concert promoter $300,000 for Dr. Conrad Murray's fee three weeks after Jackson's death, court testimony revealed Monday.

                  The revelation contradicts AEG Live's defense that it did not hire or pay the doctor convicted in Jackson's death.

                  "To me, it's a mistake," AEG Live Senor Vice President and General Counsel Shawn Trell said when confronted with a letter sent to Jackson's estate.

                  Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company's chief financial officer made another major error by classifying Dr. Murray's fees as "production costs" and not "advances" in all of the budgets for Jackson's "This It It" tour.

                  "Mistakenly, yes," Trell said.

                  Despite these "mistakes," Trell called the CFO "a very detailed-oriented guy."

                  Jackson's mother and children are suing AEG Live, contending the concert promoter is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Murray, who was convicted of involuntary manslaughter.

                  The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.

                  AEG Live lawyers counter that it was Jackson who chose, hired and supervised Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol, the drug the coroner ruled killed Jackson, to treat his insomnia, they argue.

                  Testimony from Trell -- and, earlier, AEG LIve controller Julie Hollander -- showed the company's budgets included $1.5 million to pay Murray $150,000 a month.

                  The budget terminology could be key in the jury's decision on AEG's liability, since production costs were the promoter's responsibility, while advances were basically loans to Jackson. The revelation that the doctor's fees were designated as production contradicts the defense that AEG lead lawyer Marvin Putnam shared with CNN before the trial.

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

                  Jackson manager's e-mails found, could be key in AEG trial
                  The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson's death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.

                  The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.

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

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

                  Wade Robson calls Michael Jackson 'a pedophile'

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

                  Jackson lawyers played video testimony of one of AEG's own expert witnesses Friday -- 25-year veteran tour manager Marty Hom.

                  The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Murray.

                  He was asked if AEG Live should have realized something was wrong when Murray initially asked for $5 million a year to work as Jackson's personal physician. "That raised a red flag because of the enormous sum of money," Hom testified.

                  Hom acknowledged he had not seen many of the documents and depositions in the case, and AEG was considering him for a job as the Rolling Stones tour manager at the same time he was asked to testify.

                  AEG asked Michael Jackson’s estate to repay $300,000 for Dr. Conrad Murray’s fee three weeks after Jackson’s death, court testimony revealed Monday.

                  Kommentar


                  • #69
                    Rebbie, Trent und Kathrine Jackson sind im Gericht. Heute ist weiterhin der AEG-Anwalt Shawn Trell im Zeugenstand. Es wird erwartet das seine Aussage den ganzen Tag benötigt. Er revidierte heute zunächst seine Aussage von gestern und sagte, dass K. Ortega sehr wohl einen unterschriebenen Vertrag hatte. Zudem diskutierte Panisch mit Trell die bereits bekannten Ortega-E-Mails über MJ`s Gesundheit. Auch E-Mails zwischen Philipps u. Gongaware über MJ`s Gesundheit wurden gezeigt.

                    Anthony McCartney ‏@mccartneyAP 36m

                    Updated story on this morning's change in AEG lawyer Shawn Trell’s testimony: http://bit.ly/12Tdhdu
                    Kurzfassung anzeigen

                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 44m

                    Panish also displayed emails between AEG Live CEO Randy Phillips and exec Paul Gongaware on Jackson’s health.
                    Öffnen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 45m

                    Panish and Trell reviewed several of the emails that have already been shown, including Ortega’s concerns about MJ’s health.
                    Öffnen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 45m

                    Plaintiff’s attorney Brian Panish asked Trell about emails regarding insurance for Jackson, and the singer’s health.
                    Öffnen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 48m

                    We're on the morning break in Jackson vs. AEG. Updated story on Shawn Trell's revised testimony coming soon.
                    Öffnen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 48m

                    AEG lawyer now says Kenny Ortega had signed contract, reversing his testimony from yesterday: http://yhoo.it/14NSTMj
                    Kurzfassung anzeigen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 2h

                    AEG General Counsel Shawn Trell will be on the stand. Expected to be testifying all day. #JacksonTrial
                    Öffnen
                    Anthony McCartney Anthony McCartney ‏@mccartneyAP 2h

                    Getting close to starting in Jackson vs AEG trial. Katherine, Rebbie and Trent just arrived at the courtroom.

                    Kommentar


                    • #70
                      Kevin Boyle, der Anwalt der Jackson-Familie sagt, dass Sie AEG im Januar und März Angebote für eine Settlement machten, aber sie erhielten nie eine Antwort von AEG. Boyle nannte keine Details, aber AEG`s Versicherung hätte gezhalt, "was heißt sie hätten den Fall settlen können ohne auch nur einen Penny selbst zu zahlen."
                      AEG habe nie angeboten zu settlen "und sie haben sich nie entschuldigt." AEG-Anwalt Putmann sagt, sie setteln keine Angelegenheiten die basislos sind. Wir glauben das dies in diesem Fall so ist. Ich kann nicht sehen, dass wir ein anderes Settlement als einen Shakedown in Betracht ziehen würden."


                      Also ich müsste jetzt meinen Post raussuchen, aber vor einigen Monaten sagte ich bereits, wenn die Jacksons ein Settlement geboten bekämen würden sie sofort zuschlagen. Das zum Thema Gerechtigkeit für Michael von Seiten der Familie.


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

                      May 21, 2013, 12:30 p.m.

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

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

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

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

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

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

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

                      The Jacksons say in their lawsuit that AEG negligently hired and supervised Murray. AEG says Jackson hired Murray and that any money the firm was supposed to pay him would have been loans to the singer.

                      The trial, in its fourth week, is expected to take as long as three more months.

                      http://www.latimes.com/local/lanow/la-me…0,6307620.story
                      Zuletzt geändert von Lena; 22.05.2013, 14:13.

                      Kommentar


                      • #71
                        The Jacksons vs. AEG Live – Zeugen der Jacksons, 8. Teil

                        21. Mai 2013

                        Gestern hat Brian Panish, Anwalt für die Jacksons, Shawn Trell, den Leiter der Rechtsabteilung von AEG Live, befragt. Man durfte gespannt sein, wenn zwei Juristen aufeinander treffen und der Zeuge ja eigentlich für die Gegenseite tätig ist.

                        Fest stand bereits zuvor, dass der Vertrag zwischen Conrad Murray und AEG bzw. Michael Jackson nur von Murray, am Tag vor Michael Jacksons Tod, unterzeichnet worden war. Entsprechend argumentiert ja AEG schon von Anfang an, dass der Vertrag nicht rechtsgültig sei und sie nicht für die Anstellung von Murray zur Verantwortung gezogen werden können. Wie sich nun aufgrund diverser E-Mails, die Panish dem Zeugen vorlegte, herausstellte, hatte Kenny Ortega auch keinen Vertrag mit AEG. Panish fragte Trell entsprechend, ob AEG Kenny Ortega basierend auf diese E-Mails bezahlt hätte. Ja, so Trell, in Kennys Fall war das so. “Und Dr. Murray hatte mit AEG eine Vereinbarung gestützt auf eine Anzahl von E-Mails?” so Panish an Trell. “Nein, das glaube ich nicht,” antwortete Trell. Auf die Frage, wieso Kenny Ortega denn keinen Vertrag brauchte, antwortete Trell, dass Ortegas Fall anders läge.

                        Brian Panish zeigte dann den Geschworenen eine Anzahl von E-Mails zwischen Conrad Murray und diversen AEG Direktoren. Darunter war eine E-Mail vom 8. Mail 2009, in der Paul Gongaware, der co-CEO von AEG Live, damit einverstanden war, Murray USD 150’000 pro Monat zu bezahlen. In einer zweiten E-Mail befasste sich Tim Woolley, der für diesen Fall zuständige Buchhalter von AEG Live, mit den Anstellungsbedingungen von Conrad Murray, einschliesslich einer Bestimmung, dass Murray nicht im gecharterten Flugzeug von Michael Jackson mitfliegen, er aber erste Klasse fliegen würde. In einer weiteren E-Mail, datiert vom 22. Mail 2009, schrieb Conrad Murray an Tim Woolley, dass er einen ungültigen Cheque an ihn faxen würde, damit sie ihm das Geld direkt auf sein Konto überweisen können. Als Brian Panish gestützt auf all diese E-Mails darauf bestand, dass Conrad Murray im Mai 2009 für AEG gearbeitet hatte, antwortete Trell erstaunlicherweise (oder auch nicht erstaunlicherweise, wenn man sieht, was AEG bis jetzt schon alles für Fauxpas geleistet hat): “Nein. Mit dieser Aussage bin ich überhaupt nicht einverstanden.” Okay…

                        Noch besser (oder peinlicher, je nachdem, von welcher Seite man es betrachtet) wurde es dann, als Panish Trell einen Bericht zeigte, den AEG nach dem Tod von Michael Jackson dessen Nachlassverwaltung geschickt hatte und in dem sie verlangt hatten, dass ihnen USD 300’000, die AEG an Conrad Murray ausbezahlt hätten, zurückerstatten sollten. Man erinnere sich, dass frühere Zeugenaussagen bereits aufgezeigt hatten, dass Murray von AEG nie bezahlt worden war. “Meines Erachtens handelt es sich hierbei um einen Fehler”, so Trell schlicht.

                        Brian Panish zeigte den Geschworenen auch eine E-Mail von Kenny Ortega an Randy Phillips, CEO von AEG Live, in der ersterer nur wenige Tage vor Michael Jacksons Tod geschrieben hatte, dass es bei Michael starke Anzeichen für Paranoia, Angst sowie zwanghaftem Verhalten gebe. “Ich glaube, es wäre am besten, wenn wir einen top Psychiater holen, der ihn so schnell wie möglich beurteilen kann. Ich glaube fest, dass wenn ich ihn dazu ermutigt oder es ihm erlaubt hätte, letzte Nacht auf die Bühne zu kommen, er sich hätte verletzen können. Ich glaube, wir brauchen in dieser Sache professionelle Hilfe”, so Ortega in seiner E-Mail. Trell sagte, dass AEG mit Michael und Conrad Murray noch am selben Tag ein Treffen gehabt hätten. “Ich denke also, sie haben das ernst genommen”, so Trell. An jenem Meeting soll Michael Jackson gesagt haben, er werde sich bessern und Murray soll damit einverstanden gewesen ein, dabei zu helfen. Und was meinte AEGs Anwalt Marvin Putnam dazu? “Michael und der Arzt betonten, dass er OK sei. Sie hatten es unter Kontrolle”. Kein Kommentar.

                        Quellen: jackson.ch, latimes.com

                        Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-8-teil/
                        Copyright © jackson.ch

                        Kommentar


                        • #72
                          Hier noch die ABC-Tweets zur gestrigen Befragung von AEG-Anwalt Trell, der auch heute noch weiter im Zeugenstand sein wird. Intressant übrigens auch, dass der Vorschuss von AEG an Michael auch die 3 Mio. Settlement-Zahlung an den Scheich ... (Londoner Gerichtsurteil) beinhaltet. Dieser hatte vor dem Settlement die Rechte an Michael für Live-Performances (neuen Musikveröffentlichungen etc).

                          Wie immer von unten nach oben lesen

                          ABC7 Court News ‏@ABC7Courts 15m
                          Paul Gongaware is not expected until Thursday. That's the plan for now. We hope to see you all tomorrow again!
                          P. Gongaware wird nicht vor Donnerstag erwartet.
                          Expand Reply Retweet Favorite More
                          ABC7 Court News ‏@ABC7Courts 15m
                          That ended Day 15 of testimony in Jackson Family vs AEG wrongful death trial. Shawn Trell is expected to last all day tomorrow on the stand
                          Ende des Prozesstages. Shawn Trell wird den ganzeb morgigen Tag im Zeugenstand erwartet.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 18m
                          In May, AEG received letter from MJ saying Tohme didn't rep him anymore. "No payments were ever made under this agreement," Trell explained.
                          Im Mai erhielt AEg einen Brief von MJ, der besagt, dass Tohne ihn nicht mehr repräsentiert. "Keine Bezahlungen wurden je unter diesem Agreeement gemacht",
                          sagt Trell
                          Expand
                          ABC7 Court News ‏@ABC7Courts 19m
                          One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May.
                          Einer der Bedingungen war die Platzierung und Nicht-Erchweinen-Versicherung, sagt Trell.
                          Dieser Platzierung wurde im späten April, Ende Mai gemacht.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 19m
                          "This agreement was entered into January 26, Trell testified. "There are conditions that needed to be met before any payment could be made."
                          Dieser Vertrag wure am 26. Januar gemacht. Es gab Bedingungen, die erfültt sein müssen, bevor eine Bezahlung gemacht werden kann."
                          Expand
                          ABC7 Court News ‏@ABC7Courts 20m
                          January 24, 2009 -- agreement entered with Dr. Tohme Tohme
                          Trell said MJ was involved and signed this agreement.
                          24. Januar 2009 -Vereinbarung mit Dr. Tohme Tohme wurde gemacht.
                          Trell sagt MJ war involviert und unterschrieb die Vereinbaurng
                          Expand
                          ABC7 Court News ‏@ABC7Courts 21m
                          Contract: that would reasonable be expected to interfere with Artist's first class performance at each of the shows during the term.
                          Vertrag: die voraussichtlich die zu erwartenden Leistungen des Künstler hinsichtlich First Class Performances in jeder Show beeinträchtigen können
                          Expand
                          ABC7 Court News ‏@ABC7Courts 21m
                          Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments...
                          Vertrag: Der Künstler erklärt hiermit, dass er keine gesundheitlich bekannten Schwierigkeiten, Verletzungen oder Beschwerden hat..
                          Expand
                          ABC7 Court News ‏@ABC7Courts 22m
                          If the were no obligations to AEG, the payout would go back to the artist, Trell explained."It just recoups our loan made to the artist."
                          Wenn es keine Verpflichtungen für AEG geben würden, würde die Auszahlung an den Künstler gehen. "Es deckt nur den Kredit ab, den wir an den Künstler machen."
                          Expand
                          ABC7 Court News ‏@ABC7Courts 22m
                          Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show.
                          Ihr Intresse in der Police war es die Vorschüsse abzusichern und das sich die Produktionskosten mit den Fortschritten der Produktion der Show decken.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 23m
                          Trell said it's not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance.
                          Trell sagt es ist nicht nur üblich und typisch, ein Künstler muss als Standard Nicht-Erscheinungen und Ausfall absichern
                          Expand
                          ABC7 Court News ‏@ABC7Courts 24m
                          Trell said AEG would not advance money without the artist requesting it.
                          Trell sagt AEG würde kein Geld vorschießen, wenn der Künstler es nicht anfragt.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 24m
                          "Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want," Trell said.
                          "Produktionswert kann bedeutend sein, mangels besserer Worte, es hängt wirklich davon ab wie viele Glocken und Trillerpfeifen sie wollen," sagt Trell
                          Expand
                          ABC7 Court News ‏@ABC7Courts 25m
                          "Michael Jackson was known to have very elaborated productions," Trell said.
                          "MJ war bekannt dafür sehr ausgearbeitete Produktionen zu haben, sagt Trell
                          Expand
                          ABC7 Court News ‏@ABC7Courts 25m
                          Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter.
                          Vertrag: Künstler ist verantwortlich für alle Prouktionskosten und muss sie dem Promotor erstatten
                          Expand
                          ABC7 Court News ‏@ABC7Courts 26m
                          The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million.
                          Die Vorschüsse mussten AEG Live zurückgezahlt werden vor der Splittung der Einnahmen. Produktionsvorschüsse wurden mit 7,5 Mio. gedeckelt.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 27m
                          The underlying dispute was that a company owned the rights for Jackson's live performance. "The rights needed to be freed up," Trell said
                          Die zugrunde liegenden Rechtsstreit, dass eine Firma die Rechte an Jacksons Live Performances besitzt. " Die Rechte mussen freigegeben werden", sagte Trell
                          Expand
                          ABC7 Court News ‏@ABC7Courts 27m
                          Part of the advance was to pay off the settlement agreement of $3 million in London court.
                          Teil des Vorschusses wurde verwendet um das 3 Mio. Settlement Agreement im Londoner Gericht auszuzahlen
                          Expand
                          ABC7 Court News ‏@ABC7Courts 28m
                          AEG Live was promoter and producer. "We advanced the money necessary to mount the tour," Trell explained. "It's interest free money"
                          AEG Live war Promotor und Produzent. " Wir bevorschussen das Geld um die Tour zu montieren" sagt Trell "Es ist zinsfreies Geld"
                          Expand
                          ABC7 Court News ‏@ABC7Courts 30m
                          Trell said compensation was agreed on 90-10 split. Artist received 90% of what's defined contingent compensation.
                          Trell sagt, dass die Kompensierung mit einem 90-10-Split vereinbart war. Künstler erhält 90% davon was die die bedingte Kompensation definiert.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 30m
                          Contract: Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made.
                          Contract: Künster soll eine Anzahl von Konzerten machen auf Routen vom Promotor oder Produzent vorgeschlagen und die Vorschüsse wieder einzufahren.

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                          ABC7 Court News ‏@ABC7Courts 31m
                          Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours
                          Vertrag: Künstler soll perfofmen nicht weniger als 80 Minunten in jeder Show und das Maximum von einer Show soll 3,5 Stunden sein
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                          ABC7 Court News ‏@ABC7Courts 32m
                          Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries.
                          Bina diskutiert den Vertrag für die Tour. Eine erstklassige Performance vom Künstler in jeder Show
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                          ABC7 Court News ‏@ABC7Courts 33m
                          "I was probably there just a little less than an hour. And that was the only time I met him," Trell recalled.
                          "Es war wahrscheinlich weniger als eine Stunde. Und es war das einzige Mal das ich ihn traf, sagt Trel
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                          ABC7 Court News ‏@ABC7Courts 33m
                          Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind.
                          Trell sagt, dass sie alle es unterzeichneten und Mr. Jackson war wirklich vom 3-D-Stuff begeistert, dass in seinem Kopf schon auf dem Weg war.
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                          ABC7 Court News ‏@ABC7Courts 34m
                          "He seemed genuinely enthused," Trell added. "He had the contract in front of him, said he read every page, seemed very enthused."
                          "Er schien wirklich begeistert zu sein, sagte Trell. Er hatte den Vertrag vor ihm und las jede Seite, schien sehr enthusiastisch."
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                          ABC7 Court News ‏@ABC7Courts 34m
                          "He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room," Trell said.
                          "Er sprang auf, stellte sich selbst vor, war sehr herzlich, eine wirklich postive Energie im Rauch, sagte Trell
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                          ABC7 Court News ‏@ABC7Courts 35m
                          Trell said they shook hands, he had a good firm handshake and his voice was not what people think.
                          Trell sagte sie schüttelten die Hände, er hatte einen festen Händedruck und seine Stimme war nicht so wie die Leute denken."
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                          ABC7 Court News ‏@ABC7Courts 35m
                          Trell said it was pretty funny, since he was a very distinct person.
                          Trell sagt, es war sehr lustig, da er eine sehr eigenständige Person war
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                          ABC7 Court News ‏@ABC7Courts 36m
                          Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said 'Hi, welcome, I'm Michael."
                          Bei der Ankunft, Trell sagt, das Mr. Jackson aufstand von wo er saß, und sagte " Hi, Willkommen, ich bin Michael."
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                          ABC7 Court News ‏@ABC7Courts 36m
                          Bina showed the jury the final tour agreement. Trell said he went to MJ's home at Carolwood to sign it.
                          Bina zeigt der Jury das finale Tour Agreement. Trell sagt er ging in MJs Haus nach Carolwood um es unterzeichnen.
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                          ABC7 Court News ‏@ABC7Courts 36m
                          "It's my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation," Trell said.
                          "Es ist mein Verständnis, dass sie darüber sprachen oder mindestens Angebote bekamen von einem Wettbewerber, Live Nations, sagte Trell.
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                          ABC7 Court News ‏@ABC7Courts 37m
                          For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts.
                          Für MJ, Trell sagte Dr. tohme Tohme und die Anwälte Dennis Hawk und Peter Lopez repräsentierten ihn. Er sagt es gab viele Entwürfe.
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                          ABC7 Court News ‏@ABC7Courts 37m
                          Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson.
                          Trell, Philpps und Kathy Jorrie waren involviert in entwerfen und aushandeln des Vertrages mit MJ
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                          ABC7 Court News ‏@ABC7Courts 38m
                          Trell said Kenny Ortega was paid after his contract was signed.
                          Trell sagt K. Ortega wurde gezahlt nachdem der Vertrag unterschrieben wurde
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                          ABC7 Court News ‏@ABC7Courts 39m
                          Bina showed Ortega's executed contract with everyone's signature on it.
                          Bina zeigte Ortegas Vertrag und jeder hatte unterschrieben.

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                          ABC7 Court News ‏@ABC7Courts 39m
                          Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion.
                          Trell sagt, dass er sich an die EMails erinnert und gibt erneut zu nicht darüber stolz zu sein den Teil mit dem Vertrag vergessen zu haben
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                          ABC7 Court News ‏@ABC7Courts 39m
                          Bina showed copy of Ortega's contract. A large number of emails are part of the agreement as exhibits.
                          Bina zeigt Kopie von Ortegas Vertrag. Eine große Anzahl an EMails sind Bestandteil des Exponates
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                          ABC7 Court News ‏@ABC7Courts 40m
                          Trell noted he hadn't looked at Ortega's agreement since it was entered into in 2009.
                          Trell sagt er hat nicht über Ortegas Vertrag geschaut seitdem er in 2009 abgeschlossen wurde
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                          ABC7 Court News ‏@ABC7Courts 40m
                          "When we were done here yesterday, I looked at Kenny Ortega's original agreement," Trell said.
                          "Als wir gestern fertig waren, habe ich über Kenny Ortegas Vertrag geschaut, sagte Trell
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                          ABC7 Court News ‏@ABC7Courts 41m
                          As to Ortega's contract, Trell said he was aware ofa string of emails being at least a part of original agreement with Kenny.
                          Zu Orteags Vertrag sagt Trell, ihm war bekannt eine Reihe von E-Mails, zumindest als Teil der orginalen Vereinbarung mit Kenny.
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                          ABC7 Court News ‏@ABC7Courts 42m
                          Trell said he didn't know about all the topics he was designated, so he had to do some studying and interviews with people.
                          Trell sagt er wisse nicht über Topics Bescheid für die er benannt wurde, so er musste einiges Studium machen und Menschen befragen
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                          ABC7 Court News ‏@ABC7Courts 43m
                          Trell explained what PMK is -- Person Most Knowledgeable, identified by the company to testify on its behalf.
                          Trell erklärt was PKMS heißt- Person mit meistem Wissen, identifiziert von der Firma an seiner Stelle auszusagen.
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                          ABC7 Court News ‏@ABC7Courts 44m
                          Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements.
                          Trell geht durch seine Jobbeschreibung bei AEG. Er sagt er hat 5 Anwälte in seinem Büro und hat an tausenden von Verträgen gearbeitet.
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                          ABC7 Court News ‏@ABC7Courts 44m
                          Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical.
                          2. Report, der an den Estate gemacht wurde am 18. Sept. 2009, es gab keine Betrag bei medizin. Management.
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                          ABC7 Court News ‏@ABC7Courts 45m
                          Trell testified Webking, the CFO for AEG, did not ask MJ's Estate for payment of Dr. Murray's salary.
                          Trell sagte Webking der CFO von AEG hat den Estate nicht bzgl. Dr. Murrays Gehalt angefragt
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                          ABC7 Court News ‏@ABC7Courts 45m
                          Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.
                          Zahl 3: Vertrag nicht unterzeichnet von Michael Jackson und diese Unterzeichnung war Bedingung für jede Zahlungsverpflichtung
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                          ABC7 Court News ‏@ABC7Courts 45m
                          Bina showed the report that was attached to the letter. Next to "Management Medical" there's a reference to footnote 3.
                          Bina ezigt den Repfort dem ein Brief angehängt ist ist. Bei "Managment Medical" gibt es eine Fußnote mit der Zahl 3
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                          ABC7 Court News ‏@ABC7Courts 46m
                          Bina: Is there any request for payment?
                          Trell: No, there's no demand for payment, it's for review
                          Bina: Gab es eine Anfrage für eine Bezahlung?
                          Trell: Nein, es gab keine Anfrage für Bezalhung, es war für eine Übersicht.

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                          ABC7 Court News ‏@ABC7Courts 46m
                          "It was my understating in June Tohme was back in the picture in some capacity. I'm not sure which, Mr. DiLeo was in it too," Trell said
                          "Es war mein Verständnis das im Juni Tohme zurück im Bild war. Ich weiß nicht in welcher Kapazität, Mr. Dileo war auch da, sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 48m
                          The purpose of the meeting was to wind up the business affairs of the tour due to MJ's death, Trell said.
                          Der Zweck der Meetings war es die Geschäftsangelegenheiten der Tour abzuwickeln auf Grund von MJ`s Tod
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                          ABC7 Court News ‏@ABC7Courts 48m
                          Trell said the report was requested by the Estate after a series of meetings after MJ's death.
                          Trell sagt, dass der Report vom Estate angefragt wurde nach einer Serie von Meetings nach MJ`s Tod
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                          ABC7 Court News ‏@ABC7Courts 49m
                          Jessica Bina began her examination by showing the letter submitted by AEG's CFO to the Estate of Michael Jackson for their review.
                          Jessica Bina beginnt ihre Befragung indem sie einen Brief von AEG`s CFO an den den Estate von MJ zeigt für deren Übersicht
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                          ABC7 Court News ‏@ABC7Courts 50m
                          As to reference in Phillips' email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips' impressions
                          Zu der Anmelrung von Philpps Email über Dr. Murray unabhnänig, ethisch, nicht den Gig brauchend, sagte Trell, es war Phillips Eindruck
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                          ABC7 Court News ‏@ABC7Courts 51m
                          Trell said theoretically they could've asked to check Dr. Murray's background and credit.
                          Trell sagt theoret. hätten sie anfragen können Dr. Murrays Background und Kredite zu checken.
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                          ABC7 Court News ‏@ABC7Courts 51m
                          "He wasn't an employee, he wasn't applying for a full time position with the company," Trell explained.
                          Er war kein Angestellter, wr hat keine Vollzeitanstellung mit der Firma sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 51m
                          Panish asked if there was any reason why Dr. Murray was not given a background check.
                          Panish fragt ob es einen Grund gibt warum es keinen Background Check für Murray gab
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                          ABC7 Court News ‏@ABC7Courts 52m
                          Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work.
                          Dokument wird für Angestellte, Promotion .........................genutzt
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                          ABC7 Court News ‏@ABC7Courts 52m
                          Panish showed a document used by AEG entitled "Disclosure and Authorization to Conduct Background Check"
                          Panich zeitg ein Dikument, das von AEG genutzt wird
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                          ABC7 Court News ‏@ABC7Courts 53m
                          Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor.
                          Trell sagt niemand von AEG interviewte Dr. Murray, weil er unabhäniger Unternehmer war.
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                          ABC7 Court News ‏@ABC7Courts 53m
                          Panish: Isn't it true AEG Live does not do background check on independent contractors?
                          Trell: That's true
                          Ist es wahr, dass AEG keine Backgroundchecks mit Unternehmern macht?
                          Trell: Das ist wahr.
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                          ABC7 Court News ‏@ABC7Courts 54m
                          Trell said Phillips never told him that he checked Dr. Murray out.
                          Trell sagte Philpps sagte ihm nie, dass er Dr. Murray checken soll
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                          ABC7 Court News ‏@ABC7Courts 54m
                          Panish: Do you agree w/CEO of your company making untrue statements?
                          Trell: I don't know that he didn't know it wasn't true when he said it
                          Panish: Stimmen Sie damit überein das CEOs Ihrer Firma unwahre Statements geben?
                          Trell: Ich weiß nicht ob er weiß das es nicht wahr ist, wenn er es sagate.
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                          ABC7 Court News ‏@ABC7Courts 56m
                          Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say.
                          Trell: Ich weiß nicht ob das Statement richtig ist. Sie müssen mit Mr. Philipps darüber reden was er damit meinte.
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                          ABC7 Court News ‏@ABC7Courts 56m
                          Panish: You don't know if he was successful or facing bankruptcy, did you?
                          Trell: No
                          Panish: Sie wissen nicht ob er erfolgreich war oder der bankrott?
                          Trell: Nein

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                          ABC7 Court News ‏@ABC7Courts 57m
                          Panish: That's a flat out lie, isn't it sir?
                          Panish: Das ist eine Lüge, oder nicht?
                          Trell: I don't know what Mr. Phillips intended to say, this should be a question to him
                          Trell: Ich weiß nicht was Mr. Phillips beabsichtigte zu sagen, es sollte eine Frage an ihn sein.
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                          ABC7 Court News ‏@ABC7Courts 57m
                          Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn't that true?
                          Panisch: Aber Niemand von AEG checkte D.r Murray ob er erfolreich war oder nicht, ist das wahr?
                          Trell: Yes
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                          ABC7 Court News ‏@ABC7Courts 58m
                          Email cont'd: This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical.
                          EMail fortgesetzt: Dieser Arzt ist extrem erfolgreich (wir chekcen jeden aus) und er braucht den Gig nicht, so dass er vollkommen unvoreingenommen und ethisch ist.
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                          ABC7 Court News ‏@ABC7Courts 58m
                          Email: Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ
                          EMail: Dr. Murray wiederholte auch, dass er mental in der Lage ist und er sprach mit mir vom Haus wo er den Morgen mit MJ verbrachte.
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                          ABC7 Court News ‏@ABC7Courts 58m
                          Email: He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it
                          EMail: Er sagt, dass Michael nicht nur in der Lage ist zu performen und entmutigen wird seinen Rückgang vergörßern anstatt zu stoppen.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email cont'd: I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.
                          EMail fortgesetzt: Ich hatte eine lange Unterhaltung mit Dr. Murray vor dem ich großen Respekt bekomme wo ich änger mit ihm spreche
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email on 6/20/09 Phillips to Ortega
                          Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians
                          E-Mail vom 20.06.09 Phipps an Orteag
                          Kenny es ist krit. dass Du, ich oder irgendjemand von der Show zu Amateur-Psychiatern wird"
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009.
                          Trell sagt AEG machte nichts um Dr. Murrays Finanzsituation in 2009 zu überprüfen.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license.
                          Trell sagt AEG Live machte nichts um Dr. Murray als Arzt zu checken mit Ausnahme seiner Lizenzen.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          "He was a significant expense," Trell testified about Dr. Murray.
                          "Er war eine signifkante Ausgabe" sagte Trell zu Dr. Murray
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                          ABC7 Court News ‏@ABC7Courts 1h
                          "I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said.
                          "Ich habe nie mit Dr. Murray gesprochen. Und ich traf/sprach Mr. Jackson 1-mal." sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray.
                          Trell sagt sein Verständnis war es das Dr. Murray für MJ seit 3 Jahren arbeitete, er weiß nicht wie häufig MJ Murray sah.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray.
                          Trell sagt das einzige Mal wo die Unterschrift eines Künstlers für einen Arbeitnehmervertrag erforderlich war, war der Vertrag von Dr. Murray.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email cont'd: ...and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!"
                          E-Mail: ....und wir haben keinen Anwalt, keinen Business Manager oder wirklichen Manager am Platz. Es ist ein Albtraum!"
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email on 6/2/09 from Randy Phillips to Jeff Wald:
                          "Jeff, remember getting MJ to focus is not the easiest thing in the world"
                          Email am 02.06.09 von R. Philpps an Jeff Wald:
                          "Jeff, erinner Dich MJ auf etwas fokussiert zu bekommen ist nicht die leichteste Sache der Welt"
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell: Well, my understanding at the time there were a couple of people acting in that capacity.
                          Trell: Mein Verständnis zu der Zeit war es das mehrere Leute in dieser Vertretung agierten

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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?
                          Panish: Im Juni 2009 wussten Sie nicht mal ob MJ einen pers. Manager hatte, richig?
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance.
                          Trell sagt Dennis Hawk, der MJ reräsentierte war in Verbindung mit Taylor bezgülich der Versicherung
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: Was Dr. Murray trying to help AEG get insurance?
                          Trell: The policy was in both names, so he was helping both parties.
                          Panish: Wollte dr. Murray AEG helfen Versicherungsschutz zu bekommen?
                          Trell: Die Police war in beiden Namen, so er half beiden Parteien.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
                          Panich: So viel Sie wissen wurden alle Vereinbarungen für die TII Tour unter AEG Live Productions gemacht, richtig.
                          Trell: Yes
                          Trell: Ja
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse.
                          Trell sagt auch das Dr. Murray anfragte, dass AEG eine Krankenschwester und Medezin. Equipement bot.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell told the police that day that Dr. Murray would receive $150,000 compensation per month.
                          Trell sagte der Polizei das Dr. Murray ei Gehalt von 150000 Dollar im Monat erhalten würde.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010.
                          Bruce Black Anwalt für Anschuutz war anwesend bei einem Treffen mit LAPD. Trell traf sich mit der Polizei am 12.01.2010.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no.
                          Nach dem Lunch Break fragt Panish Trell ob er etwas in seiner Aussage ändern möchte. Trell verneinte.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance.
                          Trell verneint ein Telefonat mit Mr. Taylor gehabt zu haben wo Trell Taylor fragt ob das Gehalt von Murray von der Versicherung abgedeckt wird.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
                          Trell: Mr. Taylor has this completely wrong
                          Panish: Holt dies Ihre Erinnerung zurück, dass AEG Dr. Murray angestellt hat?
                          Trell: Mr. Taylor liegt vollkommen falsch.

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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it.
                          Panish zeigt Trell eine Deposition unter Eid agegeben vom Versicherungsagent Bob Taylor. Trell sagt er hat es nie gesehen oder gelesen.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:
                          Subject: AEG Live president says AEG Live hired Dr. Conrad Murray
                          Email von Kathy Jorrie an Bruce Black und Michel Rot am 25.08.09
                          Thema: AEG Live Präsident sagt AEG Live hat Dr. Murray angestellt

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                          ABC7 Court News ‏@ABC7Courts 1h
                          Bruce Black is the General Counsel for parent company of AEG and AEG Live.
                          Michael Roth is AEG's media relations.
                          Bruce Black ist der General Counsel für Elterngesellschaft von AEG und AEG Live
                          Michael Roth ist AEGs Medienbeauftragte

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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish said AEG higher-ups became concerned after Phillips made such admission.
                          Panish sagt die AEG-Oberen waren besorgt, dass Phillips eine solche Aussage machte.
                          Trell said he didn't know if that was true.
                          Trell sagt er weiß nicht ob das wahr ist.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          "I don't know what you mean about admitted, he made that statement," Trell said.
                          "Ich weiß nicht, was Sie mitzugeben meinen, er machte das Statement." sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 1h
                          On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray.
                          Am 1. Juli, 5 Tage nach MJ`s Tod gab Phillips SkyNews ein IV sagend, dass AEG Live Dr. Murray anstellte.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: Isn't it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
                          Panish: Ist es nicht wahr, das R. Philipps zahlreiche Kommentare machte, dass AEG Live Dr. Murray anstellte?
                          Trell: I know he has made that statement
                          Trell: Ich weiß das er das Statement machte.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          "Every document is a draft until it is executed," Trell said.
                          "Jedes Dokument ist ein Entwurf bis es unterschrieben ist", sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: Did Ms. Jorrie call this contract a draft?
                          Panish: Hat Ms. Jorrie Vertrag einen Entwurf genannt?
                          Trell: She called it a Final Version
                          Trell: Sie bezeichnete es als endgültige Version
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                          ABC7 Court News ‏@ABC7Courts 1h
                          The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie.
                          E-Mail sagt, dass Dr. Murray es genehmigt hat, er druckt es aus, unterzeichnet es und sendet es Jorrie zurück.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email: I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
                          E-Mail: Ich habe die Word Version ausgegrenzt so dass sie alle Überarbeitungen sehen könne. Darüber hinaus habe ich eine bearbeitete PDF-Version angehängt.

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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
                          Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray
                          E-Mail vom 32.06.09 5:39pm von Jorry an Wolley, Murray
                          Thema: RE: Michael Jackson-Überabreitete Vereinbarung mit GCA Holidngs/Dr. Murray

                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Attachments:
                          Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09
                          Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:
                          Subject: Revised agreement with GCA Holdings/Dr. Murray
                          It had two attachments
                          E-Mail von Kathy Jorie Shawn Trell am 24.06.2009 und 12.54 Uhr
                          Thema: Überarbeitete Vereinbarung mit GCA Holdings/Dr. Murray. Es hat 2 Anhänge.

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                          ABC7 Court News ‏@ABC7Courts 1h
                          "I don't think conflict of interests are a good thing, and we would want to prevent it," Trell said.
                          "Ich denke nicht das Intressenkonflikte gut sind und wir würden sie verhindern wollen, sagt Trell
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                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell: I certainly wasn't aware of it at the time
                          Trell: Ich war mir sicherlich nicht bewusst zu diesem Zeitpunkt?
                          Panish: Because you didn't check, right?
                          Panish: Weil Sie es nicht checkten, Richtig?
                          Trell: That's right
                          Trell: Das ist richtig.
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                          ABC7 Court News ‏@ABC7Courts 1h
                          As to Dr Murray being under dire financial straits, Trell said that he doesn't know if he agrees with it, everyone's perception is different
                          Das Dr. Murray unter Geldnot litt, Trell sagt er weiß nichh ob er zugestimmt hätte, jedermanns Wahrnehmung ist anders
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          "If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained
                          "Wenn die Konzerte nicht vorwärts gehen, so wie gedacht, unter diesen Umständen würde Dr. Murray nicht weiter gezhalt", sagt Trell
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          "It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract.
                          "Es heißt für Michael Jackson ist es möglich Dr. Murray zu kündigen" sagt Trell über den Vertrag
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          "We did nothing to monitor Dr. Murray," Trell said. "We did not monitor whatever it was that he was doing, no."
                          "Wir haben nichts gemacht um Dr. Murray zu überwachen", sagt Trell. "Wir überwachten nicht was immer er machte, nein."
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell testified he doesn't believe the artist is more at risk because AEG Live doesn't do background check.
                          Trell sagt, dass er nicht glaubt, dass der Künstler ein größeres Risiko ist weil AEG Live keine Background-Checks macht.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          "When they leave the environment, what they do on their own time is their own business," Trell said.
                          "Wenn sie die Umgebung verlassen, was sie machen ist ihre eigene Zeit, ihre Angelegenheit, sagt Trell."
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: you don't do anything to check into background, supervise or protect the artist?
                          Trell: No, safety is a concern
                          Panish: Sie haben keinen Hintergrundcheck gemacht zur Überwachung und Schutz für den Künstler?
                          Trell: Nein, Sicherheit ist ein Anliegen.
                          Expand

                          ABC7 Court News ‏@ABC7Courts 1h
                          As to independent contractors, Trell said there's no supervision and monitoring like there's for employees.
                          Für einen Auftragnehmer-Vertrag gibt es keine Unterweisung oder Überwachung wie für Angestellte.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.
                          Abhänig von der Natur der Positon kann ein Background-Check gemacht werden, sagt Trelll für möglichen Angestellte in der finanz. Ära.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell agreed that no background check was done on anyone working on "This Is It" tour.
                          Trell stimmt zu, dass es keine Backgroundchecks mit irgendjemand bei der TII-Tour gab.
                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Trell testified that when it comes to independe contractors, they have either worked with the artists, AEG or known in the industry.
                          Trell sagt aus wenn es zu einem Auftragnehmervertrag kommt habe sie entweder mit dem Künstler gearbeitet oder AEG oder die Industrie kennt ihn

                          Expand
                          ABC7 Court News ‏@ABC7Courts 1h
                          Panish: There was no hiring criteria for the TII tour, correct?
                          Trell: Not to my knowledge
                          Zuletzt geändert von Lena; 22.05.2013, 14:16.

                          Kommentar


                          • #73
                            Es geht weiter mit Trell von unten nach oben lesen

                            Anthony McCartney ‏@mccartneyAP 16m

                            That's it for updates from the morning session. Will be back in court this afternoon.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 17m

                            Trell said it was unusual for an artist to be listed under a different name on an insurance policy in his experience.
                            Trell sagt es ist ungewöhnlich, dass ein Künstler unter fremden Namen in einer Police gelistet wird aus seiner Erfahrung heraus.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 17m

                            Jackson was referred to as “Mark Jones” in the documents to mask his identity. The policy covered first 30 shows at O2 Arena.
                            Jackson wurde als "Mark Jones" in den Dokumenten maskiert. Die Police deckte die ersten 30 Konzerte in der O2 Arena ab.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            After the exam, AEG was able to obtain a $17.5 million cancellation policy for Jackson’s “This Is It” concerts.
                            Nach der Untersuchung erhielt AEG eine 17,5 Mio. Ausfallversicherung für die TII-Konzerte
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            Trell: The broker’s “exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors.’”
                            Trell: Die Worte vom Broker waren: "Außer einem leichten Heuchschnupfen ging er mit Bravour durch die Prüfung."
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            Trell was asked if he ever heard about results of Michael Jackson’s February 2009 physical exam.
                            Trell wird gefragt ob er über die Ergebnisse der Februar 2009 Untersuchung hörte
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            Trell said he never saw the medical records from Jackson’s exam, and has never seen an artist’s records after a physical.
                            Trell sagt er sah nie die medezin. Akten von Jackson, noch jemals von einem anderen Künstler nach der Untersuchung
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            The doctor had to provide his resume and sign a confidentiality agreement before examining Jackson in early February 2009.
                            Arzt sollte Lebenslauf zeigen und eine Vertraulichkeitsvereinbarung unterschreiben vor der Untersuchung im Februar 2009
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            Broker suggested a NYC ear, nose and throat specialist, who was flown out to Los Angeles and evaluated Jackson.
                            Broker schlug einen Ohren, Nasen und Halsspezialisten aus New York vor, der nach LA kam und Jackson untersuchte
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 18m

                            The exam would involve blood and urine tests, filling out a questionnaire and the doctor reviewing 5 years of Jackson’s med records.
                            Die Untersuchung beinhaltete Bluttest und Urintest und einen Fragebogen und die Einsicht in medezin. Akten der letzten 5 Jahre von Jackson
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 20m

                            Some reports referenced Jackson having skin cancer, which wasn’t the case. Broker suggested a med exam to alleviate concerns.
                            Einige Reporte sagten Jackson habe Hautkrebs, was nicht der Fall war. Broker schligen Untersuchung vor um Bedenken auszuräumen
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 24m

                            ... and Trell said the underwriters in London were concerned about tabloid reports about Jackson’s health.
                            Und Trell sagt die Unterschreiber in London waren besorgt wegen Tabloid-Artikel und Jacksons Gesundheit
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 24m

                            He said the insurance broker was having difficulty at first getting cancellation insurance. There wasn’t a lot of interest ... (cont)
                            Es war zunächst schwierig eine Versicherung zu finden. Es gab nicht viel Intresse.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 24m

                            “We don’t secure cancellation insurance to secure anticipated profits,” only advanced costs, AEG lawyer Shawn Trell said.
                            "Wir haben keine Cancellungsversicherung abgescholossen um erwartete Profite zu sichern, nur um vorgeschossene Kosten zu sichern sagt Trell.

                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 28m

                            After discussing the possible film deal, AEG lawyer Jessica Stebbins Bina then asked him more about tour cancellation policy.
                            Stebbins fragt nun nach der Tourcanellungspolice
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 29m

                            Trell said AEG offered to extend the deadline to Oct. 2009, but Jackson never signed the extension agreement.
                            Trell sagt AEG bot an die Deadline auf Okt. 2009 zu verschieben, aber Jackson unterschrieb nie das Verlängerungsagreement
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 29m

                            He said by June 1, 2009, the film industry wasn’t interested in pursuing that project. June was deadline for the agreement to kick in.
                            Er sagt bis zum 1 Juni war die Filmindustirie nicht in das Projekt intressiert. Juni war Stichtag für die Zustimmung
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 29m

                            Trell said the initial project Jackson was interested in was connected to “Thriller.” He didn't offer any more details.
                            Trell sagt das ursprügnliche Projekt indem Jackson intressiert war war mit Thriller verknüpft. Er gab nicht mehr Details
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 29m

                            The film agreement would have allowed Jackson to get $1 million to develop a script for an AEG-owned film company.
                            Die Filmvereinbarng erlaubte Jackson 1 Mio. Dollar zu bekomen um ein Skript mit einer AEG-Filmgesellschaft zu entwickeln
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 30m

                            Trell was also asked about an agreement Jackson signed in Jan. 2009 for a possible three-film deal.
                            Trell wird nach einer Vereinbarung mit Jackson gefragt, unterschrieben für einen möglichen Film-Deal im Januar 2009
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 30m

                            Tour cancellation insurance wasn’t obtained for “This Is It” tour until late April, after Tohme had been fired.
                            Tourcancellungsversicherung wurde nicht abgeschlossen bis zum späten April, nachdem Tohme gefeuert war.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 30m

                            Shawn Trell said Tohme’s agreement called for him to get paid once cancellation insurance was secured.
                            Trell sagt Tohmes Vereinbarung besagt, dass er gezahlt wird sobald Rücktrittsversicherung abgeschlossen ist
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 30m

                            Trell was first asked about contract between AEG and Jackson’s former manager, Tohme R. Tohme.
                            Trell wird gefragt über Vertrag zwischen AEG und Jacksons früheren Manager Tohme
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 31m

                            AEG General Counsel Shawn Trell remains on the stand, being questioned by AEG defense lawyer Jessica Stebbins Bina.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 31m

                            There was no morning break, but court should break for lunch in about 20 minutes.
                            Öffnen
                            Anthony McCartney Anthony McCartney ‏@mccartneyAP 31m

                            The Jackson vs AEG Live trial got started this morning with Katherine, Rebbie and Trent Jackson in the courtroom.

                            Kommentar


                            • #74
                              E-mails zeigen, AEG Anwalt( Ted Fikre) bezeichnet Michael Jackson als Freak.

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

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

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

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

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

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

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

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

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

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

                              Live Nation is the chief rival of AEG Live.

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

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

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

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

                              ___

                              Anthony McCartney can be reached at http://twitter.com/mccartneyAP



                              Twitter von A. McCartney

                              Anthony McCartney ‏@mccartneyAP 5h
                              Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?"
                              Öffnen Antworten Retweeten Favorisieren Mehr

                              dem ist nichts hinzuzufügen.

                              Kommentar


                              • #75
                                Jacksons vs AEG - Day 14 – May 20 2013 – Summary

                                Katherine, Rebbie and Trent Jackson are at court.

                                LATimes reported that Jacksons offered a settlement.

                                Kevin Boyle , a lawyer for Katherine Jackson and MJ’s kids , said they offered to settle lawsuit against AEG, but that they never got an answer. Kevin Boyle said the family made the offers in January and March. Boyle would not provide details but said AEG’s insurance would have paid, “which means they could have settled the case without them paying a dime of their money.” He said AEG has never offered to settle “and they haven’t apologized.” (LATimes)

                                Marvin Putnam, an attorney for AEG, said it was inappropriate to discuss settlement discussions.“We don’t settle matters that are utterly baseless,” he said. “We believe that is the case in this matter. I can’t see why we would consider a settlement as anything other than a shakedown.” (LATimes)

                                CNN Reports there was a snack controversy during trial: AEG lawyers gave a bag of peppermint candy to the bailiff to hand out to the jury this week. Even Katherine Jackson enjoyed the treat. But Jackson's lawyer raised an objection Tuesday afternoon, suggesting jurors might be influenced if they realized the source of the sweets. A compromise was reached. Each side can provide snacks for jurors, but they'll be placed at the bailiff's desk before jurors enter court so they have no clue who brought it. (CNN)


                                Shawn Trell Testimony




                                Jackson direct

                                AEG Live General Counsel Shawn Trell told jurors that he had forgotten that Kenny Ortega was working under a signed contract. (AP)

                                Trell said he met with his attorneys last night and reviewed one doc -- Kenny Ortega's contract. "He had a written contract," Trell said. "I remember the email dynamic. I'm not too proud to admit that I didn't recall the cover contract," Trell said. Trell said he was changing his testimony from yesterday to add that Ortega had a written contract, not only emails between him and AEG. (ABC7)

                                Next topic was Insurance: Cancellation/Non-Appearance/Sickness. Trell said he started working on insurance for MJ tour in November of 2008. Panish showed several chains of emails where the parties talked about the insurance for the tour. (ABC7)

                                Email from Bob Taylor insurance broker to Trell on 1/7/09: prior to speaking w/ carriers we ask the artist to attend medical with a doctor... A full medical with both blood/urine tests. The doctor also wants to review the medical records over the last 5 years to ensure full disclosure. Insurers require further medical examination to be carried out by their nominated doctor. They may restrict illness cover or death from illness cover until this examination has taken place. (ABC7)

                                Email from 4/30/09: Wooley to Trell : "We have no coverage against MJ sickness unless and until MJ submits to another medical in London” (ABC7)

                                Email from 5/28/09: Trell to Taylor:"We really need to get that medical done" (ABC7)

                                Email from 6/23/09: Trell to Taylor : "Any update on the availability of Term insurance?" (life insurance) (ABC7)

                                Trell said if they secured life insurance, they would get money if MJ died. "We would get the money owed to us, yes," Trell testified. (ABC7) Trell also said he continued discussions with an insurance broker about additional coverage to recoup AEG Live's investment if the tour had to be canceled. (AP)

                                Email from 6/24/09: Taylor to Trell : Insurers have refused to move on this. Huge amount of speculation in the media regarding artist's health. They feel if they're to consider providing illness to cover this particular artist, they must have very through medical report (ABC7)

                                Email from 6/25/09: Gongaware to Taylor : "If we don't get sickness coverage, we are dropping this policy" (ABC7)

                                Email from 6/25/09: Taylor to Gongaware : The consultation in London is critical. The doctor is holding the afternoon of the 6th July open at Harley St. But keep in mind the visit could take 2 hours plus (ABC7)

                                Next topic: Budget/Costs. Panish showed an email from AEG's Rick Webking to MJ's Estate with 1st report of artist advances/expenses. This was a letter sent to the estate containing the expenses incurred, Trell said. "It seems to me we submitted this report for their review, I don't see any request for payment," Trell said. (ABC7)

                                Trell said he spoke with Randy Phillips and Paul Gongaware about Michael Jackson's physical condition prior to coming to testify. "I had heard about rehearsals in which Mr. Jackson was fantastic," Trell said. (ABC7)

                                Trell said he's aware of email from Ortega saying doctor was not allowing MJ to attend rehearsal on June 14, 2009. "I was aware of MJ's doctor not allowing him to attend rehearsal," Trell said. (ABC7)

                                Email from 6/17/09 from Phillips: ...Ortega, Gongaware, Dileo, and his doctor Conrad from Vegas and I have an intervention with him to get him to focus and come to rehearsal (ABC7)

                                Email from 6/17/09 from Gongaware to Phillip's assistant: "We need a physical therapist and a nutritionist" (ABC7)

                                Email from Production Manager - Gongaware/Phillips on 6/19/09 : “Paul/Randy I'm not bring a drama queen here. Kenny asked me to notify you both MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet, be hurt. The company is rehearsing right now, but the DOUBT is pervasive. (ABC7)

                                Email from Randy Phillips to Tim Leiweke on 6/19/09 : "We have a huge problem here." (ABC7)

                                "I think he recognized there was a problem on the 19th," Trell said. "I would take it seriously, as I believe Mr. Phillips did." (ABC7) Trell agreed with a statement by plaintiff's attorney Brian Panish that company executives knew by then there was a "deep issue" with Jackson.(AP)

                                Does Trell consider that exchange a "red flag" that AEG Live should have noticed, Panish asked. "I would take it seriously, as I believe Mr. Phillips did," Trell answered. "I don't know I would use the word 'red flag.'" (CNN)

                                One of the emails shown to jury was from Jackson estate co-executor John Branca, sent 5 days before Jackson’s death. Branca wrote Phillips, Gongaware and other AEG execs on June 20th that he had an spiritual/substance abuse expert who could work with MJ.(AP) John Branca, Jackson’s attorney, also chimed in, sending an email marked “confidential” to a handful of people, including Phillips, Gongaware and Leiweke. (LATimes) Branca asked whether there were substance abuse issues, but wrote that the issue might be best discussed on the phone. The email was sent the same day that a meeting was held at Jackson’s home with Murray. No further info given to jury. (AP)

                                Email from John Branca to Phillips, Gongaware, Joel Katz, Frank DiLeo, Michael Kane on 6/20/09 : "I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled) Do we know whether there is a substance issue involved (perhaps better discussed on the phone). (ABC7)

                                Trell said Mr. Phillips never told him about this email. (ABC7)

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

                                Trell said he didn't see these emails. He said he spoke with Randy Phillips about Phillips' perception of MJ in order to prepare for testifying, but not about specific emails. Trell has been designated as the most qualified person to speak on behalf of AEG. (ABC7)

                                Email from Phillips to Gongaware on 6/20/09 at 1:52 am : Tim and I are going to see him tomorrow, however, I'm not sure what the problem is Chemical or Physiological? (ABC7)

                                From Gongaware to Phillips, on 6/20/09 at 5:59 am : Take the doctor with you. Why wasn't he there last night? (ABC7)

                                From Phillips to Gongaware, on 6/20/09 at 2:01 pm : He is not a psychiatrist so I'm not sure how effective he can be at this point obviously, getting him there is not the issue. It is much deeper. (ABC7)

                                Trell said Randy Phillips went to a handful of rehearsals, three at the Forum and two at Staples Center. The head of the marketing department attended rehearsal on June 23, 2009. "She was blown away by it," Trell testified. (ABC7)

                                He said he was unaware of issues with Jackson at rehearsals.“I knew of no problems with Michael Jackson at all,” Trell testified. (LATimes)

                                Trell said he never saw the emails from Phillips directing people to exclude images from TII of MJ looking "skeletal" while rehearsing. "What were his observations of MJ's physical condition during rehearsal," Trell said. "I asked for his (Phillips) personal opinion." (ABC7)

                                Next line of questioning is about human resources and background checks. Trell said they can be valuable and useful tools when hiring. Background check costs around $40 to $125. Trell said AEG Live could afford this fee. "We don't do background checks on independent contractors," Trell said. Trell said he was involved in the hiring by AEG Live for the TII tour. His department was responsible for retaining independent contractors. Trell said he is not familiar with background check process for hiring. (ABC7) "I am not familiar with the process of doing background checks," Trell said. "No training." (CNN)

                                Plaintiff’s attorney Brian Panish also asked Trell about background checks. Trell said AEG doesn't do checks on independent contractors. Panish said an AEG-retained expert testified at deposition that a background check on Murray would cost $40-125 dollars. Panish: “Could AEG afford that?” “Sure,” Trell responded. (Re: background checks for contractors) (AP)

                                Panish: There was no hiring criteria for the TII tour, correct?
                                Trell: Not to my knowledge (ABC7)

                                Trell testified that when it comes to independent contractors, they have either worked with the artists, AEG or known in the industry. Trell agreed that no background check was done on anyone working on "This Is It" tour. (ABC7) AEG Live General Counsel Shawn Trell told jurors that no legal or financial checks were done involving Conrad Murray or anyone else who worked as an independent contractor on the "This Is It" shows. (AP)

                                Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.(ABC7) Trell said he thought a background check would be appropriate for people working in financial roles, but not tour personnel who weren't employees of AEG.(AP)

                                As to independent contractors, Trell said there's no supervision and monitoring like there's for employees. (ABC7)

                                Panish: you don't do anything to check into background, supervise or protect the artist?
                                Trell: No, safety is a concern (ABC7)

                                "When they leave the environment, what they do on their own time is their own business," Trell said. (ABC7) Trell said that AEG did not hire Murray, that the doctor was like many independent contractors, "what they do on their own time is their own business." (KABC)

                                Trell testified he doesn't believe the artist is more at risk because AEG Live doesn't do background check. (ABC7)

                                "We did nothing to monitor Dr. Murray," Trell said. "We did not monitor whatever it was that he was doing, no." (ABC7)

                                "It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract. "If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained (ABC7)

                                As to Dr Murray being under dire financial straits, Trell said that he doesn't know if he agrees with it, everyone's perception is different. (ABC7)

                                Trell: I certainly wasn't aware of it at the time
                                Panish: Because you didn't check, right?
                                Trell: That's right (ABC7)

                                "I don't think conflict of interests are a good thing, and we would want to prevent it," Trell said. (ABC7)

                                Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:
                                Subject: Revised agreement with GCA Holdings/Dr. Murray
                                It had two attachments Attachments:
                                Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09
                                Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09 (ABC7)

                                Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
                                Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray
                                Email: I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
                                The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie. (ABC7)

                                Panish: Did Ms. Jorrie call this contract a draft?
                                Trell: She called it a Final Version (ABC7)

                                "Every document is a draft until it is executed," Trell said. (ABC7)

                                Panish showed emails exchanged among AEG executives that contained drafts of Murray’s contract. On June 23, 2009, attorney Kathy Jorrie emailed Murray and said she had “attached a clean pdf version which is ready for execution.” Although Murray had signed a contract with the company, neither Jackson nor anyone from AEG had added their signatures. Trell testified that a copy of the contract had never been sent to Jackson. (LATimes)

                                With Trell on the stand, Jackson lawyer Brian Panish played part of an interview that AEG Live President Randy Phillips gave to Sky News television soon after Jackson's death.
                                "This guy was willing to leave his practice for a very large sum of money, so we hired him," Phillips said. Panish also showed jurors an e-mail between AEG lawyers suggesting that Phillips told other interviewers AEG Live "hired" Murray. (CNN)

                                Panish: Isn't it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
                                Trell: I know he has made that statement (ABC7)

                                On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray. "I don't know what you mean about admitted, he made that statement," Trell said. (ABC7)

                                Panish said AEG higher-ups became concerned after Phillips made such admission. Trell said he didn't know if that was true. Bruce Black is the General Counsel for parent company of AEG and AEG Live. Michael Roth is AEG's media relations. (ABC7)

                                Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:
                                Subject: AEG Live president says AEG Live hired Dr. Conrad Murray (ABC7)

                                Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it. Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance. (ABC7)

                                Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
                                Trell: Mr. Taylor has this completely wrong (ABC7)

                                After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no (ABC7)

                                Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010. Trell told the police that day that Dr. Murray would receive $150,000 compensation per month. Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse. (ABC7) The interview with detectives was in January 2010. A detective wrote in a summary that AEG told them it agreed to pay Murray $150k and also provide a nurse and medical equipment for the care of Jackson.(AP) More than five months after Jackson’s death, Trell said, he informed LAPD detectives that Murray initially requested $5 million to join the tour but eventually agreed to a salary of $150,000 a month for 10 months. AEG also agreed to provide medical equipment and a nurse, he testified. (LATimes)

                                Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
                                Trell: Yes
                                Panish: Was Dr. Murray trying to help AEG get insurance?
                                Trell: The policy was in both names, so he was helping both parties. (ABC7)

                                Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance. (ABC7)

                                Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?
                                Trell: Well, my understanding at the time there were a couple of people acting in that capacity. (ABC7)

                                Email on 6/2/09 from Randy Phillips to Jeff Wald: "Jeff, remember getting MJ to focus is not the easiest thing in the world and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!" (ABC7)

                                Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray. Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray. "I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said. (ABC7)

                                "He was a significant expense," Trell testified about Dr. Murray. Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license. Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009. (ABC7)

                                Jury was shown an email that Phillips sent to Kenny Ortega on night of June 20, 2009. It was email urging Ortega to stand down. (AP)

                                Email on 6/20/09 Phillips to Ortega : Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians. I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it. Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ. This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical. (ABC7)

                                Panish asked Trell whether Phillips’ characterization to Ortega, given no background check was done, was a lie. Trell responded that he didn’t know what Phillips knew or was thinking when he wrote that email to Ortega. Trell also said he expected Randy Phillips to testify at some point during the trial, so he could address the email himself. (AP)

                                Panish then asked Trell, “Sir, you never checked out one single thing about Dr. Murray -- you’ve already told me that, correct?”
                                “As of the date of the email, that would’ve been correct,” Trell said. (LAtimes)

                                When pressed by Panish, Trell said that Phillips’ statement that Murray had been checked out, along with the executive’s claim that the doctor “does not need this gig” were inaccurate. “I don’t know where Randy’s understanding or impression comes from,” Trell said.(LATimes) Trell testified that Phillips might have been “misinformed” or simply was stating his impression of the Las Vegas cardiologist.(NYDailyTimes)

                                Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn't that true?
                                Trell: Yes (ABC7)

                                Panish then asked several pointed questions about whether Shawn Trell agreed with Phillips telling Ortega they’d checked Murray out. One of Panish’s questions was whether Trell thought Phillips’ email was “acceptable conduct.” (AP)

                                Panish called Phillips' statement "a flat out lie" and asked Trell whether he agreed with it or if it signified how AEG did business. Trell said he didn't know what Phillips thought he knew when he wrote the message. "I know this statement is not accurate, but you'd have to speak with Mr. Phillips about what he thought or meant in saying it," Trell said. (AP)

                                Panish: That's a flat out lie, isn't it sir?
                                Trell: I don't know what Mr. Phillips intended to say, this should be a question to him (ABC7)

                                Panish: You don't know if he was successful or facing bankruptcy, did you?
                                Trell: No (ABC7)

                                Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say. (ABC7)

                                Panish: Do you agree w/CEO of your company making untrue statements?
                                Trell: I don't know that he didn't know it wasn't true when he said it (ABC7)

                                Trell said Phillips never told him that he checked Dr. Murray out. As to reference in Phillips' email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips' impressions (ABC7)

                                He said AEG typically only runs background checks on candidates applying for full-time jobs with AEG, not independent contractors.
                                (KABC)

                                Panish: Isn't it true AEG Live does not do background check on independent contractors?
                                Trell: That's true (ABC7)

                                Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor. (ABC7)

                                “Did anyone from AEG ever at any time interview Dr. Murray?” asked Brian Panish
                                “No,” Trell replied. (LATimes)

                                Panish showed a document used by AEG entitled "Disclosure and Authorization to Conduct Background Check". Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work. Panish asked if there was any reason why Dr. Murray was not given a background check. "He wasn't an employee, he wasn't applying for a full time position with the company," Trell explained. Trell said theoretically they could've asked to check Dr. Murray's background and credit. (ABC7)


                                AEG Cross


                                Jessica Bina began her examination by showing the letter submitted by AEG's CFO to the Estate of Michael Jackson for their review. (ABC7) She asked Shawn Trell about the estimate presented to Jackson’s estate that included Murray’s $300k fees. She asked why it was prepared. Shawn Trell said it was done at the request of the estate. He said Jackson’s estate wanted to know state of tour finances when Jackson died. (AP) Trell said the report was requested by the Estate after a series of meetings after MJ's death. The purpose of the meeting was to wind up the business affairs of the tour due to MJ's death, Trell said. "It was my understating in June Tohme was back in the picture in some capacity. I'm not sure which, Mr. DiLeo was in it too," Trell said (ABC7)

                                Bina: Is there any request for payment?
                                Trell: No, there's no demand for payment, it's for review (ABC7)

                                Stebbins Bina asked about the inclusion of Murray’s fee in the document. She said she wanted to show something Panish didn't. (AP) Bina showed the report that was attached to the letter. (ABC7) Murray’s fee on the document had a footnote. Trell read what that footnote said, and explained why estate wasn’t asked for Murray’s fee. (AP) Next to "Management Medical" there's a reference to footnote 3. Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.(ABC7) “Contract is not signed by Michael Jackson and such signature was condition precedent to any payment obligation.” _ Footnote on Murray fee.(AP) Trell testified Webking, the CFO for AEG, did not ask MJ's Estate for payment of Dr. Murray's salary. (ABC7)

                                “You testified you were somewhat confused (by the inclusion of the $300,000)?” AEG defense lawyer Jessica Stebbins Bina asked Trell as she projected the list, dated July 17, 2009, on a screen for jurors.

                                “Do you see there’s something in parentheses?” Stebbins Bina asked, zooming in to blow up a footnote from AEG CFO Frederick Webking that stated Michael Jackson never signed Murray’s contract, so its terms were not enforceable.

                                “Is Mr. Webking asking the estate to pay?” Stebbins Bina asked Trell.
                                “No,” he replied, explaining that upon reflection he believed Mr. Webking was just being “thorough” by including the $300,000 as a budgeted cost.

                                “Did Mr. Webking make a mistake as you thought yesterday?” she asked.

                                “No,” Trell answered. “He did not.” (NYDailyNews)

                                Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical. (ABC7) Stebbins Bina then showed a Sept. 2009 report of “This Is It” finances to Michael Jackson’s estate. Murray’s fee not listed in that document(AP)

                                Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements. Trell explained what PMK is -- Person Most Knowledgeable, identified by the company to testify on its behalf. Trell said he didn't know about all the topics he was designated, so he had to do some studying and interviews with people.(ABC7)

                                As to Ortega's contract, Trell said he was aware ofa string of emails being at least a part of original agreement with Kenny. "When we were done here yesterday, I looked at Kenny Ortega's original agreement," Trell said. Trell noted he hadn't looked at Ortega's agreement since it was entered into in 2009. Bina showed copy of Ortega's contract. (ABC7) Before the afternoon break, Trell and jury were shown Kenny Ortega’s tour agreement. It was signed in April 2009. The agreement was three pages of legalese, with several pages of emails attached that confirmed the terms. The first three pages included some paragraphs that described who owned the rights to “This Is It” content. (AP) A large number of emails are part of the agreement as exhibits. Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion. Bina showed Ortega's executed contract with everyone's signature on it. Trell said Kenny Ortega was paid after his contract was signed. (ABC7)

                                Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson. For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts. "It's my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation," Trell said. (ABC7) Trell also said that before signing an agreement with AEG, Jackson had been considering a tour offer from its main competitor, Live Nation. (LATimes)

                                Bina showed the jury the final tour agreement. Trell said he went to MJ's home at Carolwood to sign it. Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said 'Hi, welcome, I'm Michael." Trell said it was pretty funny, since he was a very distinct person. Trell said they shook hands, he had a good firm handshake and his voice was not what people think. (ABC7)

                                "He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room," Trell said. "He seemed genuinely enthused," Trell added. "He had the contract in front of him, said he read every page, seemed very enthused." Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind. "I was probably there just a little less than an hour. And that was the only time I met him," Trell recalled. (ABC7)

                                “There was a real positive energy and vibe in the room,” Trell said. “He seemed genuinely enthused, we sat there for some time and he had the contract out in front of him. He said he had read every page; he was flipping through it. It just felt -- he just seemed so enthused by the whole thing.” (LATimes)

                                Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries. Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours. Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made. Trell said compensation was agreed on 90-10 split. Artist received 90% of what's defined contingent compensation.(ABC7)

                                Trell explained to jury how concerts get paid for. One scenario is artist pays for production up front. A second scenario is that the promoter gives artist an advance, and then they use the money to put together the show. The third option, Trell said, is the artist pays someone like AEG Live to produce and promote the show, with costs to come out of their pay. Trell called the second and third option like an interest-free loan. In Jackson's case, AEG agreed to a 90/10 split of show's proceeds. Jackson would have received the 90 percent portion, Trell said. Jackson also on the hook for a 5% production fee. (AP)

                                AEG Live was promoter and producer. "We advanced the money necessary to mount the tour," Trell explained. "It's interest free money". (ABC7) Trell testified Tuesday that Jackson’s advance, which covered his $100,000-a-month rent on his mansion and a $3-million payment to settle a lawsuit that would free up his performance rights, was considered a loan to be paid back to AEG. (LATimes)

                                Part of the advance was to pay off the settlement agreement of $3 million in London court. The underlying dispute was that a company owned the rights for Jackson's live performance. "The rights needed to be freed up," Trell said. The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million. Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter. (ABC7)

                                "Michael Jackson was known to have very elaborated productions," Trell said. "Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want," Trell said. Trell said AEG would not advance money without the artist requesting it. (ABC7)

                                Trell said it's not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance. Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show. If the were no obligations to AEG, the payout would go back to the artist, Trell explained."It just recoups our loan made to the artist." (ABC7)

                                Trell was also asked about elements of tour insurance policies and an agreement with former manager Tohme Tohme. Jackson's contract called for him to represent to AEG that he didn't have any health conditions that would keep him from performing. (AP)

                                Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments that would reasonable be expected to interfere with Artist's first class performance at each of the shows during the term (ABC7)

                                Oh Tohme's $100k per month agreement, Trell was shown a January contract that Jackson signed to pay that amount. However, Trell said Tohme's agreement was predicated on Jackson getting tour cancellation insurance by a certain date. Deadline passed and by that point Tohme was no longer Jackson's manager, so he wasn't entitled to be paid his monthly fee. (AP)

                                January 24, 2009 -- agreement entered with Dr. Tohme Tohme. Trell said MJ was involved and signed this agreement. "This agreement was entered into January 26, Trell testified. "There are conditions that needed to be met before any payment could be made." One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May. In May, AEG received letter from MJ saying Tohme didn't rep him anymore. "No payments were ever made under this agreement," Trell explained. (ABC7)

                                AEG attorney Jessica Stebbins Bina told Trell she'd ask him about contract and Tohme agreement in more detail Wednesday. (AP)

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

                                Shawn Trell will continue to testify. Paul Gongaware is the next expected witness.


                                Zusammenfassung von Ivy MJJC #17



                                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                                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

                                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


                                Originaldokumente der eröffnungsstatements (MJJC #1 ff.)
                                Zuletzt geändert von rip.michael; 23.05.2013, 10:06.

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