K. Jackson-Klage gegen AEG- Der Prozess- Nur News -Keine Diskussion

[rip.michael]

Jacksons vs AEG - Day 16 – May 22 2013 – Summary

Katherine, Rebbie and Trent Jackson are in court

Shawn Trell Testimony

AEG Cross

Trell was first asked about contract between AEG and Jackson’s former manager, Tohme R. Tohme. (AP) Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties. Compensation is detailed in contract. There was a condition precedent. Trell refers to cancellation insurance in tour agreement. Trell: while this agreement started in January, the conditions/terms not met. If Tohme would've performed as specified, would've been paid. (ABC7) Shawn Trell said Tohme’s agreement called for him to get paid once cancellation insurance was secured. Tour cancellation insurance wasn’t obtained for “This Is It” tour until late April, after Tohme had been fired. (AP)

Trell: To pursue Jackson's interest films, AEG would put up a million dollars for development. They contemplated making 3 films. (ABC7) Trell was also asked about an agreement Jackson signed in Jan. 2009 for a possible three-film deal. The film agreement would have allowed Jackson to get $1 million to develop a script for an AEG-owned film company. Trell said the initial project Jackson was interested in was connected to “Thriller.” He didn't offer any more details. 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. Trell said AEG offered to extend the deadline to Oct. 2009, but Jackson never signed the extension agreement. (AP) In addition to the tour contract between Jackson and AEG, Trell said the two also had an agreement that proposed developing up to three film projects together, one of which was related to his “Thriller” video. When nothing was developed by the agreement’s June 1, 2009, deadline, AEG sent a proposed amendment to extend that date to Jackson’s representatives, Trell said. (LAtimes)

“I think the interest was still there on Mr. Jackson’s side and I know we were interested in helping him realize what he wanted to accomplish,” Trell said. (LAtimes)

After discussing the possible film deal, AEG lawyer Jessica Stebbins Bina then asked him more about tour cancellation policy. (AP)Trell said it's always the artists obligation to obtain this form of insurance to pay back the advances. Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs. Trell: AEG had obligation regarding advances. We don't secure insurance to cover profits, only to protect losses from cancellation.(ABC7) “We don’t secure cancellation insurance to secure anticipated profits,” only advanced costs, AEG lawyer Shawn Trell said. (AP)

Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy. Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer. (ABC7) He said the insurance broker was having difficulty at first getting cancellation insurance. There wasn’t a lot of interest and Trell said the underwriters in London were concerned about tabloid reports about Jackson’s health. Some reports referenced Jackson having skin cancer, which wasn’t the case. Broker suggested a med exam to alleviate concerns. The exam would involve blood and urine tests, filling out a questionnaire and the doctor reviewing 5 years of Jackson’s med records. (AP)

Broker suggested a NYC ear, nose and throat specialist, who was flown out to Los Angeles and evaluated Jackson. The doctor had to provide his resume and sign a confidentiality agreement before examining Jackson in early February 2009. Trell said he never saw the medical records from Jackson’s exam, and has never seen an artist’s records after a physical. Trell was asked if he ever heard about results of Michael Jackson’s February 2009 physical exam. (AP) Trell said the exam took place in February 2009, and that although he wasn’t privy to Jackson’s medical records, he was satisfied. (LATimes) Trell never saw results because of confidentiality, but testified that Taylor later told him: "Other than a slight case of hay fever, he passed with flying colors." (AP)

Trell says that he received report from insurance broker about the exam. "Other than a case of hay fever, Jackson passed in flying colors." (ABC7) Trell: The broker’s “exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors.’” (AP)

After the exam, AEG was able to obtain a $17.5 million cancellation policy for Jackson’s “This Is It” concerts. Jackson was referred to as “Mark Jones” in the documents to mask his identity. The policy covered first 30 shows at O2 Arena. Trell said it was unusual for an artist to be listed under a different name on an insurance policy in his experience. (AP) AEG ended up securing a $17.5-million insurance policy that listed among its exclusions “the illegal possession or illicit taking of drugs and their effects.” (LATimes) AEG had a $17.5 million "non-appearance" policy on Jackson should he fail to perform the first 13 of his 50 shows at London's O2 Arena, Trell said. But the insurers wouldn't cover illness until Jackson underwent a second medical exam to be performed in London by a doctor selected by the insurers. (AP)

Bina: you wouldn't go out to get a policy for an artist with an illicit drug problem? Trell: no, because it wouldn't be covered (ABC7)

Trell: If someone died and the artist was so distraught that the artist could not perform, that loss would be covered by this policy. (ABC7)

Bina: We're you ever able to get more insurance coverage? Trell: No, because concerns over what marketplace saw in media reports. List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections. Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.(ABC7) Trell said he continued to check in with Taylor to see if the marketplace had changed and the coverage could be increased because it was unusual for the insurance not to cover the entire advance made. “We were just trying to bridge the gap between cost and expense,” he testified. A second insurance physical was scheduled for July 6, 2009. “We had no reason to believe that he wouldn’t pass,” Trell said. (LAtimes)

On June 25, 2009, at 5:54 a.m., London time, Taylor sent an email to Dr. Conrad Murray, who had been brought onto the tour to tend to Jackson. The email, introduced as evidence in the case, read:

“The insurers have specifically requested information on the following:

Press reports on the artist at various times using a wheelchair, and whether any of these occasions were as a result of a medical issue.

Press reports that the artist had, or has, suffered a back injury.

Press reports that the artist is suffering, or has previously suffered from lupus.

Press reports that the artist is suffering, or has previously suffered from cancer.

Press reports that the artist was hospitalized in 2005.

Dates and brief details of any cosmetic procedures, and specific details of any complications.

Press reports that the artist has suffered from lung infection/emphysema and chronic gastrointestinal bleeding.

Press reports that the artist has minimal diet (is possibly anorexic).”

Jackson died hours later from a fatal dose of the anesthetic propofol administered by Murray.

Jessica Stebbins Bina, an attorney representing AEG, pointed out in the courtroom that the list of insurers’ concerns did not include drugs, painkillers, alcohol or sleep disorders. (LATimes)

Bina: Could AEG make a profit from cancellation insurance? Trell: No, only to cover losses (ABC7)

Trell said employees are insured by the company. Independent contractors are just that, that is why it is called independent. "Independent contractors have area of expertise needed to make the project happen" Trell said. It's expertise not within the company itself. Trell: We hire third parties for equipment, sound. They're usually referred to us or they are known to the artist. Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office. Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business. Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist's entourage) (ABC7) “It would be misplaced or misguided for us to inject ourselves into the affairs of an artist,” Trell said. (LATimes)

It was Jackson who requested Murray, Trell said, and he believed the two had worked together for three years prior. (LATimes)

Bina: Did AEG have any role in choosing doctor Murray? Trell: No (ABC7)

Bina: Surprised to bring family physician on board? Trell: No we've had other tours where artists brought doctors for themselves/families (ABC7)

Trell said insurance was required based on the contract. Trell said they produced Prince's tour a few years ago, which was analogous to the "This Is It" tour. (ABC7)

Email on 5/21/09 from Wooley to Dr. Murray: Dear Conrad, I should like to send a contract to you in the next day or two But am looking for help writing the legal department because the form within which I work don't apply to your specialized position. So it has to be custom-generated. (ABC7)

5/28/09, Wooley to Dr. Murray He said the legal department has not yet completed the agreement which is rather specialized, rare event Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray's contract.(ABC7)

Bina: Did Ms. Jorrie begin contract negotiations with Dr. Murray at your direction? Trell: Yes (ABC7)

6/15/09 Jorrie wrote to Wooley: I've attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray (ABC7)

Contract: Provision 9 Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist. (ABC7)

Contract: Without the artist's expressed and written approval of the agreement neither party to the agreement will have any rights obligations to one another arising from the agreement. Trell testified this was the first contract he saw this provision included (ABC7)

"Because of the personal nature here from MJ for this particular engagement of his personal physician," Trell explained. (ABC7)

Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein. Contract: on behalf of an at the expense of the undersigned: Michael Jackson (ABC7)

“My understanding is that he was going to be categorized as artist advance," Trell explained. “This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show," Trell said (ABC7)

Trell said there's a final settling of the tour after the project is completed. That's where they categorize/re-categorize things. Trell said he doesn't do the final settlement himself, but people who do ask him questions about how it should be done. "My understating he was an Artist Advance," Trell said. MJ's company was responsible for both artist and production advances. "I'm not aware of MJ making objections to this provision," Trell said. (ABC7)

Bina showed Dr. Murray's last page of the contract signed by Murray. The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray's employer. "The intention was to make it (provision 9) expressly subject to have Michael's signature on it," Trell explained.(ABC7)

Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist. Contract Scope of Services: Dr. Murray will provide general medical care to the Artist... Contract: Such services will be administered professionally and w/ the greatest degree of care expected from members in the medical field. (ABC7)

Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray I've attached hereto a revised version of your agreement which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions. (ABC7)

Redline: It changed the scope of services from producer to artist in the sentence: "Dr. Murray shall also provide such other services as are reasonably requested by Artist from time to time during the term hereof. "It was requested by Dr. Murray," Trell said (ABC7)

Responsibilities of GCA/Dr. Murray 4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom. Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement. Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine i n the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer. (ABC7)

Contract included provisions to terminate the contract for failure to provide appropriate medical licenses to work in the US and UK (ABC7)

Trell spoke with individuals from AEG about MJ's physical condition. He said he was told MJ seemed fine and the performances were terrific. (ABC7)

Email on 6/20/09 from Ortega to Phillips: Finally, it's important for everyone to know, I believe that he really wants this it would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart. He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs. (ABC7)

Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09. "Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on," Trell said. (ABC7)

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

"My understanding there were two meetings in which Dr. Murray attended and MJ was present," Trell said. He knew one on June 20th, and another one in the beginning of June, but he didn't know the date. (ABC7)

Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. "Firstly, Michael indicated he was fine, just fine," Trell said. Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine. There were no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th. "He appeared fine and the rehearsals were terrific," Trell said he was told. (ABC7)

On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo. Trell said that MJ's Estate ultimately approved the productions advances incurred in the tour. (ABC7)

Bina: Does AEG Live does background check on its employees? Trell: credit history may be requested when related to the position at issue (ABC7)


Jackson redirect

Panish only got about 15 mins of questions in at the end of the day. He immediately went at Trell on his recollection of dates, details. (AP)

Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant? Trell: I don't recall (ABC7) Trell said he was very, very involved in the "This Is It" tour. (ABC7)

He started out by asking Trell if he was certain that Jackson signed the "This Is It" agreement on Jan. 26, 2009, as he'd testified. Trell said he was certain he'd testified correctly about the events of the day, but conceded toward the end of several questions that he might have been wrong about the exact date. (AP) January 26, 2009 was the first and only time Trell met with Michael Jackson. "I'm sure it was the only time I met MJ." "I won't forget meeting Michael Jackson," Trell said. "He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door," Trell explained. (ABC7)

Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist. "I think people have their own impressions, and thoughts and feelings about Michael Jackson," Trell explained. "I may not necessarily agreed with some of the life choices he made," he said, adding "I won't forget meeting him that day." (ABC7)

That's when plaintiff's attorney Brian Panish showed the emails. (AP)

Email on 1/28/09 from Gongaware to Phillips: MJ still on today, right? Panish noted the contract signing was on the 28th and not 26th as Trell referred to. (ABC7)

Panish: You were wrong about that, sir? Trell: I was wrong about the signing date "I didn't have the date necessarily in my calendar, I didn't have the date in front of me," Trell explained. "I don't believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26," Trell said. (ABC7)

Hours before Anschutz Entertainment Group executives were heading to Michael Jackson’s Holmby Hills home to sign multimillion-dollar contracts for his concert series in London, the firm’s top lawyer called Jackson “the freak” in an email to another company attorney. (LATimes)

Trell’s cross-examination began with Jackson attorney Brian Panish asking the lawyer about his visit to the singer’s house to sign the contracts, the only time he met Jackson. “It was exciting to meet Michael Jackson,” he said.

Panish began to built toward a climax, asking Trell if it were company policy to speak in derogatory terms about an artist they were about to sign a huge deal with. “I may not have necessarily agreed with some of the life choices Michael Jackson made but I certainly had enormous respect for him as an entertainer,” Trell said.

Then Panish gave the jury a foreshadowing of what was to come. He asked Trell, “Did Mr. Fikre say to you that Michael Jackson was a freak?” a reference to Ted Fikre chief legal and development officer and a member of the board of parent company AEG, before slowly unraveling the emails. (LATimes) The email chain starts Jan 28, 2009, with AEG Live executive Paul Gongaware writing Randy Phillips, president and chief executive of AEG Live, “MJ still on today?”

Phillips emails back. “Yes. 5 p.m. 100 Carolwood Dr. You and Shawn should be there,” referring to Trell.

From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI...

From Fikre to Trell on 1/28/09, in response, three minutes later Does this mean you get to meet the freak?

Trell replies, “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.” (LATimes)

Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?" (AP) Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak? Trell: you have to ask Mr. Fikre (ABC7)

Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak? Trell: No (ABC7)

Panish then scolded Trell as he sat in the witness box. “Didn’t your mother ever tell you if you don’t have anything good to say about someone not to say it?” (LATimes) AEG objected to the question. Some of the jurors laughed. Judge sustained the objection that Panish's question was argumentative. (AP)

Trell returns to the stand in the morning to undergo more questioning from Panish.
"I’ll see you in the morning," he brusquely told Trell. (AP)

-----------------------------------------------------------------------------
Outside the court :
"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." (AP) Panish cont'd: We're going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful we're going continue to show and prove what AEG is all about. This was just the tip of the iceberg." (ABC7)

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. (AP)

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

Shawn Trell will continue to testify. Gongaware is next witness. Karen Faye will complete her testimony.


Zusammenfassung von Ivy MJJC #18

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

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 14 fortsetzung - forts. zeuge Trell

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 9. Teil

24. Mai 2013

Die Befragung von Shawn Trell, dem Leiter der Rechtsabteilung von AEG Live, ging diese Woche weiter. Für den ersten Tag siehe Teil 8 vom 21. Mai. Trell hatte am ersten Tag keineswegs einen soliden Eindruck hinterlassen unter der Befragung von Jackson Anwalt Brian Panish. Auch die folgenden zwei Tage liessen AEG alles andere als gut aussehen.

Zum einen wurde aufgezeigt, dass Thome Thome, Michael Jacksons Manager vor Frank DiLeo, mit einem Salär von USD 100’000 pro Monat auf der Gehaltsliste von AEG stand. Dies sei gemäss Trell das einzige Mal gewesen, dass AEG solch eine Vereinbarung hatte, was nicht erstaunt, da Gehaltszahlungen des Konzertveranstalters an den Manager des Künstlers einen potentiellen Interessenskonflikt darstellen, weil der Manager die Interessen des Künstlers zu vertreten hat.

Es wurde ebenfalls aufgezeigt, dass AEG Live USD 30 Mio. von der Nachlassverwaltung von Michael Jackson verlangt hatte für einen Vorschuss, den sie Michael Jackson gegenüber gestützt auf den Vertrag zwischen Michael und AEG Live geleistet hatten. Um die Kosten für einen solchen Vorschuss wieder reinzuholen, sei es üblich, dass eine Versicherungspolice auf den Künstler ausgestellt würde, für den Fall dass die Konzerte ausfallen würden. Bedingung für den Abschluss einer solchen Police war ein Gesundheitscheck des Künstlers, den Michael, so wurde dies Trell ausgerichtet, einige Monate vor seinem Tod mit Bravour bestanden haben soll. Ein zweiter Gesundheitscheck war für den 6. Juli 2009 vorgesehen. (Betr. AEG Lives Verzicht gegenüber Lloyds siehe unsere Meldung vom 10.9.2012.)

Zudem sagte Trell aus, dass AEG keinen Background Check von Conrad Murray gemacht hatte. Als Panish Trell fragte, ob irgendwer bei AEG jemals Dr. Murray interviewt hatte, verneinte Trell dies. Daraufhin zeigte Panish Trell eine E-Mail von Randy Phillips, CEO von AEG Live, an Kenny Ortega, datiert vom 20. Juni 2009 als Antwort auf Kenny E-Mail, dass er darauf bestehe, umgehend einen Psychiater beizuziehen (siehe Teil 8 vom 21.5., letzter Abschnitt). Die Antwort von Randy Phillips an Kenny Ortega lautete: “Ich hatte ein langes Gespräch mit Dr. Murray, für den ich je länger je mehr einen enormen Respekt gewinne. Er sagte, Michael ist nicht nur körperlich in der Lage zu performen, aber dass wenn man ihn davon abbringen wollte, dies seine Verschlechterung nur noch beschleunigen würde… Dieser Arzt ist sehr erfolgreich (wir überprüfen jeden) und braucht diesen Job nicht; er ist also vollkommen unparteisch und verhält sich dem Berufsethos entsprechend”. Als Panish Trell dann nochmals fragte, dass diese Murray nie überprüft hatten, bestätigte Trell, dass dies korrekt sei. Und was sei dann mit der Aussage von Randy Phillips? Diese sei falsch, so Trell, und er wisse auch nicht, woher Randy Phillips Verständnis und Eindrücke stammten.

Als nächstes ging es um den Vertrag zwischen Conrad Murray und AEG Live. Mittels E-Mail vom 23. Juni 2009 hatte AEG Anwältin Kathy Jordie die Endfassung des Vertrags zur Unterzeichnung an Murray geschickt. Trell bezeugte, dass Michael Jackson keine Kopie davon geschickt worden war. Trell sagte ferner aus, dass vor der Unterzeichnung des Vertrags zwischen AEG und Michael Jackson letzterer ein Tourangebot von AEGs Hauptkonkurrent, Live Nation, in Betracht gezogen hatte. Im Eröffnungsplädoyer vor über drei Wochen hatte Panish AEG als eine Bande rücksichtsloser Geschäftsleute dargestellt, die nur damit beschäftigt seien, zu Live Nation, dem weltweit grössten Konzertveranstalter, aufzuschliessen. Damals sagte Panish: “Sie machen, was immer sie müssen, um die Nummer eins in diesem harten Geschäft zu werden” — auch wenn es auf Kosten der Gesundheit ihres 50-jährigen Stars ginge.

Aber als ob AEG so nicht schon einen weiterhin schlechten Eindruck vor Gericht vermittelte, so kam es in den letzten 15 Minuten des letzten Befragungstag von Shaw Trell noch deftiger. Angefangen hatte es mit Panishs scheinbar unschuldigen Frage, dass Trell ihm von seinem Besuch in Michael Jacksons Haus zwecks Unterzeichnung des Vertrags Anfang 2009 berichten solle. “Es war aufregend, Michael Jackson zu treffen”, so Trell. Panish fragte Trell dann, ob es üblich war für AEG, in herabwürdigender Weise über einen Künstler zu sprechen, mit dem sie gleich einen riesigen Deal unterzeichnen würden. “Ich war nicht unbedingt mit einigen von Michael Jacksons Entscheidungen, die er in seinem Leben getroffen hat, einverstanden, aber ich hatte natürlich einen enormen Respekt für ihn als Entertainer,” so Trell. Panish fragte Trell dann: “Sagte Mr. Fikre [Chief Legal and Development Officer und Verwaltungsratsmitglied von AEG Lives Muttergesellschaft] zu ihnen, dass Michael Jackson ein Freak sei?” Die E-Mail Kette, auf die sich Panish bezog, begann am 28. Januar 2009, als Paul Gongaware Randy Phillips fragte, “MJ noch heute?” Ja, antwortete Phillips, um 17 Uhr bei Michael Jackson zu Hause. “Du und Shawn [Trell] sollten dabei sein.” Trell leitete die E-Mail anschliessend an Fikre weiter, der zwei Minuten später antwortete: “Heisst das, du wirst den Freak treffen??” Trells Antwort an Fikre lautete: “Scheinbar. Ich weiss nicht, was ich davon halten soll. Sicherlich interessant, aber irgendwie gruselig [Original: creepy].” Daraufhin wies Panish den Zeugen zurecht: “Hat ihnen ihre Mutter nie beigebracht, dass wenn man nichts Gutes über einen Menschen sagen kann, man lieber nichts sagen soll?”

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...cksons-9-teil/
Copyright © jackson.ch

[geli2709]

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

My laymen's degree tells me he needs a shrink to get him mentally
prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available) I have watched him deteriorated in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried it now."
John Houghdahl was the stage manager of "This is it" tour.


Mail vom 19.6.09 von John Houghdahl an Randy Phillips:

„Mein „Laien-Diplom“ sagt mir, dass er einen Seelenklempner braucht, um ihn mental für die Bühne vorzubereiten und dann einen Trainer um ihn körperlich in Form zu bringen... Ich habe gesehen, wie er sich vor meinen Augen über 8 Wochen verschlechterte. Er konnte im April viele 360° Drehungen machen. Würde er es jetzt versuchen, würde er auf seinen Hintern fallen.“

Houghdahl war der Stagemanager von TII

DANKE @maja 5809

[geli2709]

AEG exec called Michael Jackson 'freak' before signing

By Alan Duke, CNN
May 23, 2013 -- Updated 1258 GMT (2058 HKT)

STORY HIGHLIGHTS

* Top AEG lawyers derided Michael Jackson in e-mails the day he signed concert deal
* AEG Live lawyer tells boss idea of meeting Jackson is "kind of creepy"
* Jackson's mother and children claim the concert promoter is liable in his death
* AEG Live contends Jackson, not it, chose the doctor convicted in his death

Los Angeles (CNN) -- A top AEG executive referred to Michael Jackson as "a freak" and another called him "creepy" just hours before their company signed the pop icon to a huge concert deal.

The revelation brought an audible gasp in the Los Angeles courtroom at the wrongful death trial Wednesday and left fans crying.

Jackson's mother and children are suing AEG Live for the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's death.

Katherine Jackson watched from the front row as her lawyer questioned AEG Live Senior Vice President and General Counsel Shawn Trell about an e-mail exchange with his boss at parent company AEG.

Sweet controversy at death trial

"Is it the policy of AEG to talk in derogatory terms about the artist you're going to do business with?" Jackson lawyer Brian Panish asked.

"No," Trell answered.

Panish then showed jurors an e-mail Trell sent on January 28, 2009, to Ted Fikre, AEG's chief legal officer, letting him know he was about to go to Jackson's home for the signing of the contract for his "This Is It" concert tour.

"Does that mean you get to meet the freak?" Fikre replied.

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

The e-mail exchange happened less than four hours before Trell and other AEG excutives visited Jackson's Los Angeles home.

AEG execs face questions about Jackson's death

"This is a man you hoped to make millions and millions of dollars from?" Panish asked Trell. "Didn't your mom ever say if you don't have anything good to to say about someone don't say anything?"

Trell earlier testified that he was excited to meet Jackson for the first time and was impressed with his "good, firm handshake."

"I may not have necessarily agreed with some of the life choice Michael Jackson made but I certainly had enormous respect for him as an entertainer."

A dry review

Most of Wednesday's session was a dry review of Jackson and Dr. Murray's contracts as AEG Live's defense team worked to convince jurors that Murray was not hired by the concert promoter.
Jackson chose, hired and supervised the doctor, they contend.

Murray signed his contract the day before Jackson's June 25, 2009, death, but AEG executives and Jackson never put their signatures on it. Jackson lawyers, however, argue he was already working for two months based on an oral contract.

The Jackson lawsuit contends that AEG Live executives ignored red flags that should have warned them Jackson was in danger from Murray's treatment.

The coroner ruled that Jackson died from an overdose of the surgical anesthetic propofol, which Murray told police he was using to treat the singer's insomnia.

http://edition.cnn.com/2013/05/23/showbiz/jackson-death-trial/?hpt=us_c2

[geli2709]

Sweet controversy at Michael Jackson death trial

By Alan Duke, CNN
May 22, 2013 -- Updated 1356 GMT (2156 HKT)


STORY HIGHLIGHTS

* Jackson's lawyer objects that AEG gave peppermint candy to jurors
* Candy controversy might seem trivial, but stakes are high for AEG Live
* AEG Live's president told reporters about Dr. Murray: "We hired him"
* Jacksons accuse the promoter of negligently hiring the doctor convicted in Jackson's death

Los Angeles (CNN) -- Every issue in the Michael Jackson wrongful death trial is so disputed that even giving candy to jurors caused an argument.

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

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

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

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

Jackson's mother and three children are suing AEG Live for the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in Jackson's death.

The candy argument may be the most interesting thing about Tuesday's proceedings, unless you are a student of employment law and budgeting.

AEG Live Senior Vice President/General Counsel Shawn Trell was on the stand for a second day hoping to give testimony that would convince the jury that Murray was chosen, hired and supervised by Jackson -- not his company.

Murray never had an executed contract with AEG Live, although one had been negotiated. The doctor signed it and returned it to the company on June 24, 2009, but the AEG Live executive decided not to sign it after Jackson died the next day.

Jackson lawyers contend Murray was already on the job, working under an oral agreement confirmed by a series of e-mails that promised him $150,000 a month to be Jackson's full-time physician.

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.

Jackson's manager's e-mails found, could be key in AEG trial

Trouble at the Front

The Jackson lawyers argue that AEG Live executives ignored a series of "red flags" that should have alerted them that Jackson needed help as he prepared for his comeback concerts.

Earlier testimony from Jackson's makeup artist, choreographer and an associate director described his failing health and mental condition in the last two weeks of his life.

Panish asked Trell about e-mails titled "trouble at the Front" between AEG executives and people working on the production starting on June 19, 2009 -- a night that show director Kenny Ortega sent Jackson home because of his strange behavior.

"He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet -- get hurt," production director John "Bugsy" Houghdahl wrote to AEG Live top execs Randy Phillips and Paul Gongaware. "The company is rehearsing right now, but the DOUBT is pervasive."
Phillips forwarded the e-mail to his boss -- Tim Leiweke -- at AEG Live's parent company, with the comment: "We have a real problem here."

Jackson had missed a number of rehearsals and the "This Is It" tour debut was just three weeks away in London.

Ortega, in an e-mail previously reported, told Phillips that same morning -- five days before Jackson died -- that he did not think he would be ready for the shows.

"I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state," he wrote. Ortega described seeing "strong signs of paranoia, anxiety and obsessive-like behavior" with Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."

Even John Branca, a former Jackson advisor and lawyer who had just been rehired, weighed in with advice in an e-mail: "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 this is a substance issued involved (perhaps better discussed on the phone.)"

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.'"

Phillip called a meeting the next afternoon with Murray at Jackson's home.

Afterward, he sent this e-mail to Ortega:

"Kenny, it is critical that neither you, me, or anyone around this show become amateur psychologists or 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 and that 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."

The Jacksons' lawyer called this e-mail "a flat out lie," since AEG Live had not done a background check on Murray before hiring him -- and if they had it would have disclosed that he was in deep debt and not a successful doctor.

"We did not do a background or credit check on Dr. Murray," Trell conceded.

No due diligence

The Jackson lawyers contend that AEG Live is liable for his death because they did not do their "due diligence" by checking Murray's background and credentials.

If they had done so, they would have realized that Murray had a major conflict of interest that made him vulnerable to break rules in his treatment if Michael Jackson, they argue.

Murray needed the high-paying job because he was more than $1 million in debt, his home was being foreclosed on, he was being sued for unpaid child support and delinquent taxes, and his cardiology clinic in Las Vegas faced eviction. His $150,000 a month job would end if Jackson's shows were canceled or delayed, according to the terms of his contract.

AEG Live failed to conduct the background check, which the company's own expert witness said would between cost between $40 and $125.

"I am not familiar with the process of doing background checks," Trell said. "No training."

Trell is back on the witness stand Wednesday for questioning by AEG Live lawyer Jessica Stebbins Bina.

The trial, which is in its fourth week in a Los Angeles courtroom, is expected to last through July.

http://edition.cnn.com/2013/05/22/showbiz/jackson-death-trial/

[geli2709]

The Jacksons vs. AEG Live – Zeugen der Jacksons, 10. Teil

25. Mai 2013

Brian Panish, Anwalt der Jacksons, rief Shaw Trell, den Leiter der Rechtsabteilung von AEG Live, am Donnerstag nochmals in den Zeugenstand. Seine ersten drei Tage im Zeugenstand waren alles andere als glorreich für AEG Live.

Auch am vierten Tag legte Brian Panish dem Zeugen und den Geschworenen wieder einige E-Mails vor. John Houghdahl, der Production Manager für “This Is It” schrieb Randy Phillips, CEO von AEG Live, sechs Tage vor Michaels Tod, dass er bemerkt habe, wie Michael Jackson in den vergangenen acht Wochen körperlich und mental schlechter geworden war und der Performer einen Fitnesstrainer sowie einen Psychiater benötige, um ihn mental vorzubereiten. “Im April konnte er mehrfache 360 Grad Spins machen”, so Houghdahl in der E-Mail. “Wenn er dies jetzt versuchen würde, würde er auf seinem Hintern landen.” Weniger als eine Woche später schickte Ortega eine E-Mail an Phillips, in der er schrieb, dass Michael Anzeigen von Paranoia, Angst sowie zwanghaftem Verhalten zeige und er darum vorschlage, dass umgehend ein Psychiater miteinbezogen werden soll. “Es ist, also ob zwei Leute da drin sind”, so Ortega in seiner E-Mail. “Einer (tief drin) der versucht an dem festzuhalten, was er war und immer noch sein kann und der nicht will, dass wir ihn aufgeben, der andere ist in diesem geschwächten und aufgewühlten Zustand”.

Panish bezog sich auch nochmals auf die E-Mail vom 14. Juni 2009, in der AEGs Paul Gongaware an Kenny Ortega schrieb, dass sie auf ein Meeting mit Conrad Murray bestehen, “um ihn daran zu erinnern, dass AEG und nicht Michael Jackson sein Gehalt bezahlen. Wir wollen, dass er versteht, was wir von ihm erwarten”. Dies lässt AEG insofern schlecht aussehen, als deren Position in diesem Prozess ist, dass Conrad Murray von Michael Jackson angestellt wurde und sie somit nicht zur Verantwortung gezogen werden können. Trell sagte am Donnerstag zudem aus, dass die Verhandlungen betreffend Murrays Vertrag zwischen dem Arzt und AEG stattgefunden hatten und weder Michael Jackson noch seine Vertreter die jeweiligen Vertragsentwürfe gesehen hatten. Als Brian Panish Trell sagte: “Sie hätten ja sagen können, ‘Mr. Jackson, wir sind der Meinung, dass die Anstellung eines Arztes etwas Persönliches ist und sie sollten ihren eigenen Arzt mit ihrem eigenen Geld anstellen’”. Ja, das hätten sie sagen können, so Trell. Ob die Firma etwas davon abgehalten hatte, Michael zu sagen, dass er den Deal mit Murray verhandeln solle und ihm dann einen entsprechenden Vorschuss zu geben wie für die Produktionskosten oder die Miete von Michaels Unterkunft, so Panish. Nein, nichts, so Trell. Als Panish Trell dann fragte, ob er glaube, dass der Gedanke, USD 150’000 pro Monat verlieren zu können, jemandem Druck aufsetzen könnte, antwortete Trell lediglich: “Dazu kann ich nichts sagen”.

Und was hatte AEGs Anwalt Marvin Putnam zu den vergangenen vier Tagen zu sagen? “Wenn Du keinen Fall hast, dann zieh eine Show ab,” denn seiner Meinung haben die Beweise der Jackson Seite nichts mit dem Fall zu tun, sondern dienten nur dem Zweck, die Geschworenen aufzupeitschen. Na ja, wenn Sie davon überzeugt sind, Mr. Putnam. Bitte schön. Mein bisheriger Eindruck sieht da etwas anders aus.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...ksons-10-teil/
Copyright © jackson.ch

[geli2709]

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

26. Mai 2013

Wie sich diese Woche herausgestellt hat, hat die Jackson Familie im Januar und März diesen Jahres AEG Live angeboten, sich vor Prozessbeginn zu vergleichen. Kevin Boyle, Anwalt der Jacksons, gab keine näheren Details bekannt, sagte jedoch, dass AEGs Versicherung gezahlt hätte, “was bedeutet, sie hätten sich vergleichen können, ohne dass [AEG] auch nur einen Rappen aus der eigenen Kasse hätte bezahlen müssen”.

Boyle sagte, AEG selbst habe nie einen Vergleich angeboten und sie hätten sich auch nie bei der Familie entschuldigt. Die Antwort von Marvin Putnam, Anwalt für AEG, daraufhin war: “Wir vergleichen keine Ansprüche, die vollkommen unbegründet sind. In diesem Fall sind wir der Meinung, dass dies zutrifft.”

Ich bin ehrlich gesagt recht überrascht über diese News. Bis anhin war ich der Meinung, AEGs Strategie sei, die Jacksons zu einem Vergleich zu bringen bzw. alles dafür zu tun, damit es am Ende nicht an den Geschworenen liegt, ein Urteil zu fällen. Denn meines Erachtens werden die Geschworenen grundsätzlich schon mal auf Seiten der drei Kinder sein, die ihren allein erziehenden Vater frühzeitig verloren haben. Hinzu kommt, dass wenn man den ersten Monat im Prozess anschaut, AEG alles andere als einen guten Eindruck macht. Ich weiss nicht, ob AEG naiv, arrogant oder einfach nur dumm ist — oder eine Kombination davon — bzw. was sie noch in petto haben, um die momentane Beweislast zu ihren Ungunsten auszugleichen. Und wie sauber und sachlich diese Argumentationen dann sein werden, bleibt ebenfalls abzuwarten. Aber bleiben wir gespannt, was die nächsten Wochen noch alles ergeben werden. Experten gehen davon aus, dass der Prozess bis zu drei Monate dauern könnte. Das heisst, einen Drittel haben wir hinter uns und zwei Drittel liegen noch vor uns.

Quellen: jackson.ch, latimes.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-v...teressantes-2/
Copyright © jackson.ch

[rip.michael]

Jacksons vs AEG - Day 17 – May 23 2013 – Summary

Katherine Jackson and Rebbie Jackson are in court. Katherine becomes emotional when Panish asks about Michael being pressured, leaves court during lunch and does not come back for the afternoon session.

Shawn Trell Testimony

*source info: all of the below information comes from ABC7 twitter account. As it's one single source I did not repeat ABC7 after every paragraph


Jackson redirect

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

"I approximate the number of tours I've been involved in to be about 100," Trell testified. Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ). "We promoted and produced Prince's 88 tour," Trell said. Panish: Is that a yes, one time you did promote/produce a tour? Trell: Yes Panish said Prince's tour did not go well. "I wouldn't agree with that statement," Trell said. "I've never spoken to Prince, ever.

Trell said AEG never hired physicians for tours before.

Trell said he didn't know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray's contract. AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.

"I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour," Trell explained. "We weren't aware of a conflict of interest," Trell said. Panish: You, AEG Live, could've said you should hire your own doctor with your own money, right? Trell: Yes

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

As to Dr. Murray's contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ. "I believe there were three or four drafts," Trell explained. Panish: Did Dr. Murray sign and fax back the contracts? Trell: Yes, he did.

As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them. Panish: How many shows were in the tour? Trell: In the tour agreement, 31. Panish: But you sold tickets for 50 shows? Trell: The agreement contemplated in excess of 31, based on artist's approval. Trell said he didn't have written approval from MJ for 50 shows. "But you wanted to get fully executed contracts right sir?" Panish inquired


Trell said he never reviewed any of the drafts of Dr. Murray's contract because Jorrie was handling the negotiation. Trell explained that before AEG were to sign the final version, though, he would've reviewed everything to make sure there were no mistakes.


Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone. "I'm aware he had spoken with him, but didn't know the length of the calls," Trell said.Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one. Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation Panish: About their physical conditions? Trell: I don't know that. I think it would depend on the nature and substance of the conversation. If they are talking about generalities, Trell said he doesn't think there's need for an authorization that Panish was talking about. Panish: Are you familiar with HIPPA? Trell: I'm generally familiar with it, but don't know what the acronym means. Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient's condition, sir? Trell: Yes

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


Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray's salary and what's expected of him. Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient? Trell: I don't know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.


As to independent contractors, Trell said the indemnity provision is always included in the agreements. Panish: That's because it's your job to protect the financial interested of the company, rights? Trell: It's part of my responsibility, yes

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

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

Trell said the people whom AEG contracted are either known to them, to the artist or in the business.

Trell said AEG had a management agreement with Dr. Tohme, a management agreement. "It was an agreement between us and Tohme regarding the service he would render on the tour," Trell said. "It was a fee for whatever services MJ wanted him to perform according to the agreement," Trell explained. Panish asked if Dr. Tohme was an employee of AEG. Trell: He was not an employee. Panish: Is he an independent contractor? Trell: He's a party to an agreement. Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors. "It's hard for me to describe, he was not an employee, and not independent contractor either," Trell.


Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme. Jorrie questioned if he was the "real McCoy", meaning the real deal, and recommended a background check to be performed. Did you perform background check on Dr. Tohme? Trell: No Trell said there was no reason to believe Dr. Tohme wasn't telling the truth when he said he represented Michael Jackson. Trell said he saw Dr. Tohme call MJ numerous times about the tour. Trell: I don't know what she meant with the reference to "real McCoy"

Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker): Kenny Ortega has responsibility only for the show content and structure Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule. Looks like there might have been an issue in KO either not being demanding enough.


"Timm Wooley's statement is inaccurate, in my opinion," Trell said, but agreed he never spoke with Wooley about it, never saw it before. "Meaning MJ showed up whenever MJ wanted to," Trell opined.

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

Trell doesn't know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets. Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.

Panish asked Trell if he knew Randy Phillips threatened to take away Michael's house if he didn't perform. Defendant's attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.

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

Email from Ortega to Phillips on 6/20/09 at 2a: My concern is now that we have brought the doctor in the fold and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.


Panish: Was MJ pressured psychological and needed to be checked? Trell: I don't know that. This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away. "I don't know why Kenny was referencing that, I don't know about mention of ending the tour," Trell said. Panish: Was Mr. Jackson feeling pressured? Trell: The email says he was frightened, it doesn't say he was feeling pressured. "I have no idea what he felt," Trell said. Panish: No one ever pressured him, right? Trell: That's my impression.

Trell said he doesn't think AEG was under pressure to lose $34 million. "It was Michael Jackson's obligation to us." Panish: Were you concerned? Trell: There's always a concern Panish: Have you ever lost $34 million before? Trell: No The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist's approval.

Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract. "There are employees that are hired by AEG who don't have contracts; they are at will employees," Trell explained. Panish asked Trell about several people who worked for AEG but didn't have fully executed contracts. Panish: You told us every person who got paid had fully executed contract, right? Trell: That's my impressionPanish said he wants to show all the unexecuted contracts as June 25, 2009. Michael Bearden, Alfred Dunbar, Orianthis Panagaris

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

Email on 6/19/09 from John Hougdahl to Randy Phillips: My laymen's degree tells me he needs a shrink to get him mentally prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available) I have watched him deteriorated in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried it now."
John Houghdahl was the stage manager of "This Is It" tour.

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


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

Email on 5/26/09 from Timm Wooley to Brigitte Segal: Brigitte, Any joy with an agreement for Murray to sign. He's pinging on us for payment but we can't without a contract in place. Would like to stall him with something for him to look at & mull over. Brigitte dealt with the housing in London.

"No, we did not have sickness insurance coverage that day," Trell said. "The insurance would be one way MJ's company would repay us," Trell explained. Panish said there's a lawsuit pending regarding the insurance. AEG is no longer a party in the insurance last, Panish said. Trell: We were dismissed from the case because we don't have a financial interest.

Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows? Trell: Yes, we have the verbal approval
Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million? Trell: No

On April 14, 2009, Michael Jackson wrote a "Notice of Revocation of a Power of Attorney" that Tohme was no longer representing him. As of May 5, 2009, Trell was made aware of MJ's request regarding Dr. Tohme, Panish said.

"We would not pay on an agreement until there was a fully executed agreement," Trell said. Tohme signed a letter on 6/28/09 on behalf of MJ's company approving the expenses of $34 million to go to Jackson's estate.

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


AEG recross


Jessica Bina did re-cross of Trell, who said Dr. Murray's agreement required medical licenses both here in the US and in the UK. He also needed proof of insurance, Trell said. If Dr. Murray didn't provide them, there were grounds for termination of services. Bina: Did AEG Live ever provided him with medical equipments? Trell: No. Two reasons: the agreement never went into the effect. And had it come to existence, Trell said, the equipment would've been provided in London. Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary 4 the Services


Trell said Bearden's contract was eventually fully executed. It was under negotiation when MJ died. No contract needed MJ's consent and signature, except for Dr. Murray, Trell testified.

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

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

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

Trell said there were dozens and dozens, North of 50 contracts done in "This Is It" tour. Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone's signature.

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

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

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

As to Dr, Murray, Trell said he didn't feel there was a conflict of interest, the interest of all three parties involved were the same. "There were no inconsistencies in the agenda," Trell said. "Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money," Trell said.

"We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful," Trell testified. "The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it," Trell testified. Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn't take interest in his music catalogue.

Bina played deposition from Trell were he said he didn't supervise people who performed personal services, like hair and make-up artists. His job, Trell explained, was to supervise the what-you-see-on-stage.

Bina talked about Hougdahl's email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no. The email, Trell said, had to do with MJ being mentally prepared and about a trainer to get him in shape.

Trell said HIPPA law is an intent to protect a patient. He doesn't have any more knowledge about it. Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray? Trell: No, not at all

Bina: Did Mr. Jackson to your knowledge died from being too skinny? Trell: No
Bina: Did Mr. Jackson died from being sick? Trell: No
Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.
Bina: What was MJ's cause if death? Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ's bedroom.

Jackson redirect

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

"I don't recall me being involved in approving such payment," Trell testified. Panish showed emails regarding DiLeo's revised payment
10/13/09 from Shawn Trell to Rick Webking: Approved $5 MM bucket. $50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket. "That does not mean Frank was paid $5 million," Trell said, explaining DiLeo was paid $50,000 but he didn't know what for.

Regarding the approval of TII tour expenses: Panish: You had no signature before Mr. Jackson was dead? Trell: Correct . Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no? Trell: Yes Trell said Dr. Murray's expenses were included in the expenses DiLeo and Tohme approved.


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

"Of course Michale Jackson was necessary for a MJ tour," Trell explained. "It's his show, it's MJ show, he's the most important person."
Trell said he doesn't recall anybody else, other than Dr. Murray, at the rate of $150,000.

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

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

Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning. There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.


Zusammenfassung von Ivy MJJC #19


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

Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 14 fortsetzung - forts. zeuge Trell
Day 16 - forts. zeuge Trell

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


Originaldokumente der eröffnungsstatements (MJJC #1 ff.)

[geli2709]

Die Seite Vinticatemj hat die wichtigsten Aussagen aus der 4.Woche des Prozesses zusammengefasst und dabei immer auf die betreffenden ABC-Tweets aus dem Gericht verwiesen.
(sehr interessant!!!)


News summary for week 4 of the AEG trial
May 25, 2013

http://vindicatemj.wordpress.com/2013/05/25/news-summary-for-the-aeg-trial-week-4/

* Tohme was to be paid $100,000. Michael never approved of the payment (points 101-103). AEG said they were “facilitating the agreement between Tohme and Michael Jackson (???)

* AEG’s's email about “drama queen” evidently concerned Kenny Ortega’s worries. There is absolutely no concern for Michael’s health (points 205-207)

* To my surprise since the moment Branca and Kane were hired they was also informed of the events. The good thing though is that Branca at least offered some help. He also expressed doubt that any drugs were involved (points 211-212). But his involvement is a big surprise.

* Both Randy Phillips and Bob Taylor of the insurance company confirmed that Murray was hired by AEG (points 262, 266-269)

* Shawn Trell says that all of them signed Michael’s contract. But where are their signatures in the contract then? (point 343)

* They called him “freak”! (494-498, 375-382). Panish says it is the “tip of the iceberg”.

* The correction to Murray’s contract said he was to perform the services for the Artist, but at Murray’s trial Kathy Jorrie testified that the correction was not accepted and the text remained the same – Murray was to perform the services requested of him by the Producer (AEG). Point 448

* Murray’s contract was never sent to Michael’s attorney (point 521)

* AEG did not have Michael’s written approval for 50 shows though the contract required it in writing (points 530, 636)

* AEG had a “management agreement” with Tohme for the services rendered on the tour. Tell could not explain in why or in what capacity Tohme would be working – he was no AEG employee and no independent contractor (points 556-562)

* Randy Phillips threatened to take away Michael’s house if he did not perform! (point 580)

* There was absolutely not pressure on AEG – they were not losing anything as all the $34 mln. spent were to return to them in the form of MJ’s assets. So there were no reasons for all these AEG’s “concerns” (point 594)

* Michael had to guarantee the AEG spending by his personal assets (point 675)

* In April Michael was able to do multiple spins! (point 621)

* AEG was stalling Murray in getting his contract (point 625)

* Though Tohme was fired it was him (and Frank Dileo) who approved the expenses of $34mln. on behalf of Michael’s company 3 days after Michael’s death (point 644).

* When Michael was alive he did not provide a written approval of those expenses (point 697)

* Frank Dileo was to be paid $5 mln after Michael’s death! They say they did not pay him (point 691)

* Tohme and Dileo included payment to Murray into the expenses which were requested to be covered by the Estate (point 701)


maja5809 hat sie übersetzt, DANKE

Thome wurden 100.000$ bezahlt. Michael bewilligte diese Zahlung nie. (tweet 101 -103) AEG sagte, sie erleichterten die Vereinbarung zwischen Thome und Michael Jackson (??)

AEGs mail „Dramaqueen“ betraf offensichtlich Ortegas Bedenken. Es gibt absolut keine Bedenken zu Michaels Gesundheit (tweet 205 - 207)

Zu meiner Überraschung wurden Branca und Kane ab dem Augenblick wo sie eingestellt wurden auch über die Vorgänge informiert. Das Gute ist, dass Branca zumindest Hilfe anbot. Er gab auch zu Bedenken, ob Drogen im Spiel sein könnten (tweet 211 – 212) Seine Beteiligung/einmischung ist jedoch eine große Überraschung.

Sowohl Randy Phillips als auch Bob Taylor von der Versicherungsgesellschaft bestätigten, dass Murray von AEG eingestellt wurde. (tweet 262, 266-269)

Shawn Trell sagt jeder von ihnen hätte Michaels Vertrag unterzeichnet. Aber wo sind dann ihre Unterschriften auf dem Vertrag? (tweet 343)

Sie nannten ihn „Freak“! (tweet 494 -498, 375 – 382) Panish sagt, das sei nur die Spitze des Eisbergs.

Die Korrektur in Murrays Vertrag sagt er sollte seinen Service für den Künstler ausführen, aber in Murrays Prozess sagte Kathy Jorrie aus, dass diese Korrektur nicht akzeptiert war und der Text so blieb (wie vorher) – Murray führte seine Dienste aus, wie sie vom Produzenten (AEG) von ihm verlangt wurden. (tweet 448)

Murrays Vertrag wurde nie an einen Anwalt Michaels geschickt (tweet 521)

AEG hatte keine schriftliche Genehmigung von Michael für 50 Shows obwohl der Vertrag vorsah, das dieses schriftlich erfolgen musste. (tweet 530, 636)

AEG hatte eine Management Vereinbarung mit Thome für Dienstleisungen auf der Tour. Trell konnte nicht erklären warum oder an welcher Position Thome arbeiten sollte – er war weder AEG Angestellter noch unabhängiger Vertragspartner (tweet 556 - 562)

Randy Phillips drohte Michaels Haus wegzunehmen, wenn er nicht auftreten würde. (Tweet 580)

Es bestand absolut kein Druck auf Seiten AEGs – sie würden nichts verlieren, weil die gesammten 34 MIO $ ihnen in Form von MJs Vermögenswerten zurückerstattet würden. Es gab also keine Gründe für all diese Bedenken bei AEG. (tweet 594)

Michael musste mit seinem persönlichen Vermögen für die AEG Ausgaben garantieren (tweet 675)

Im Aprill war Michael noch in der Lage mehrfach Spins zu tanzen. (tweet 621)

AEG hielt Murray hin, ihm seinen Vertrag zu geben. (tweet 625)

Obwohl Thome gefeuert wurde waren es er (und Frank DiLeo) die Ausgaben von 34 MIO. $ genehmigten, im Namen von Michaels Company, 3 Tage nach Michaels Tod. (tweet 644)

Als Michael noch lebte gab er keine schriftliche Genehmigung zu diesen Ausgaben (tweet 697)

Frank DiLeo sollten 5 MIO.$ bezahlt werden nach Michaels Tod. Sie sagten, sie bezahlten ihn nicht (tweet 691)

Thome und DiLeo schlossen Zahlungen an Murray in die Ausgaben, die vom Estate gedeckt werden sollten, mit ein. (tweet 701)


noch paar Gedanken von Helena, Vindicatemj, dazu:

So Joel Katz was not Michael’s attorney. He was retained by AEG.
Michael never gave a written consent to 50 shows. AEG has no written confirmation of that. However their “verbal” agreement to 50 shows was regarded by AEG as an obligation for Michael.
At the same time AEG thinks that a similar oral agreement with Conrad Murray (backed up by numerous emails and the draft contract) is not valid and is not binding them to anything at all.
Besides never agreeing to 50 shows Michael never agreed to pay all production costs either. AEG hasn’t got Michael’s consent to that.
AEG evidently paid to Tohme and Dileo for making declarations stating that Michael had agreed to all those terms, though he did not.
This is probably Why AEG brought Tohme back at the end of June though Michael fired him in March. And this is Why two days prior to Michael’s death Randy Phillips was introducing Tohme to everyone as “Michael’s manager”.
Why were they making those preparations? What were they getting ready for just two days before Michael’s death?
Dileo did not really take particular part in making This is it, so the proposed payment of $5mln. was most probably for signing the declaration confirming the points not authorized by Michael but badly needed by AEG.

Joel Katz war nicht Michaels Anwalt. Er war bei AEG. Michael gab nie ein schriftliches Einverständnis zu 50 Shows. AEG hat keine schriftliche Bestätigung dazu. Trotzdem wurde ihre „mündliches“ Einverständnis über 50 Shows von AEG als Verpflichtung Michaels angesehen.
Gleichzeitig denkt AEG aber, dass eine ähnliche mündliche Vereinbarung mit Conrad Murray (unterstützt von vielen emails und dem Vertragsentwurf) nicht gültig ist und sie nicht an irgendetwas binde.
Ausser, dass er nie 50 Shows zustimmte, stimmte Michael auch nie zu alle Produktionskosten zu zahlen. AEG hat dafür nicht Michaels Einverständnis.
AEG zahlten offenbart Thome und DiLeo um Erklärungen abzugeben, die bestätigen sollten, dass Michael diesen Bedingungen zustimmte, obwohl er das nicht tat.
Das ist wohl der Grund, warum AEG Thome zurückholten, Ende Juni obwohl Michael ihn im März (Das war Mai, oder?) gefeuert hatte.. Und deshalb hat Phillips Thome zwei Tage vor Michaels Tod jedem als „Michaels Manager“ vorgestellt.

(Am 5.5.2009 schrieb MJ: "Auf meine Anweisung und mit sofortiger Wirkung ist Thome Thome nicht länger autorisiert, mich in irgendwelchen Angelegenheiten zu repräsentieren.")


auch dieser Artikel von Vinticatemj ist sehr interessant:

AEG-Jackson trial DAY 11. Rehearsals with TRAVIS PAYNE:
‘He was very tired, all of us were’

http://vindicatemj.wordpress.com/2013/05/24/aeg-jackson-trial-day-11-rehearsals-with-travis-payne-he-was-tired-all-of-us-were/

[rip.michael]

Sorry @geli - hab eine 404 fehlermeldung unterm angegebenen link.

[aurelia]

@rip.michael

http://vindicatemj.wordpress.com/2013/05/24/aeg-jackson-trial-day-11-rehearsals-with-travis-payne-he-was-tired-all-of-us-were/

[Lena]

Zusammenfassung der bisherigen Aussage von Gongaware anhand der Medienberichte von Ivy, MJJC.

http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page2?p=3832152#post3832152

Jacksons vs AEG - Day 18 – May 28 2013 – Summary

Katherine, Janet, Rebbie and Randy Jackson are in court. Only one the siblings were allowed in the courtroom as they are potential witnesses. Janet Jackson accompanied Katherine during morning session while Rebbie was with her during the afternoon session.

Paul Gongaware Testimony

Jackson direct

Paul Gongaware is one of the defendants in the case. He's an adverse witness called by the plaintiffs. Gongaware is Co-CEO of Concerts West, part of AEG Live. Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s (ABC7)

He produced Prince's tour in 2004. He has not promoted/produced tours since. Gongaware has not talked to Prince after the tour. (ABC7)

Gongaware was a CPA licensed in NY and Washington. He said he believes he's still licensed but hasn't checked status since there's no need (ABC7)

Gongaware testified that landing Jackson, whom he felt was the biggest artist of his era, was huge for AEG. In a 2008 email to AEG Live President and Chief Executive Randy Phillips, Gongaware described how the company should approach Jackson and his manager about a possible comeback tour. “We need to start at the fundamentals. How we do it. The difference between [Live Nation] and us is huge. We are artist-based, they are Wall Street-driven,” Gongaware wrote. "We are smart people. We are completely honest and transparent with everything we do. That’s how [founder] Phil [Anschutz] wants it.(LATimes)

Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes. Gongaware replied to a condolences' email on July 5, 2009: "I was working on the Elvis tour when he died, so I kind of knew what to expect." (ABC7) "I was working on the Elvis tour when he died so I kind of knew what to expect," Gongaware wrote in an e-mail to a friend two weeks after Jackson died. "Still quite a shock." (CNN)

“So you knew what to expect when Michael Jackson passed away, is that right, sir?” Brian Panish asked.
“I kind of knew what was going to happen, yes,” Gongaware answered.(LATimes)

Despite working as a tour promoter for 37 years -- including for Led Zeppelin, the Grateful Dead and many others -- Gongaware testified that the only artist he ever knew that was using drug on tour was Rick James. (CNN). Gongaware testified he worked with another artist who had drug problems: Rick James. (ABC7)

Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5, Gongaware said had no interaction w/ MJGongaware worked on MJ's Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn't know. (ABC7)

When Gongaware met Jackson was with Colonel Parker (Elvis' manager) in Las Vegas. MJ wanted to meet the Colonel. (ABC7)

Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ's History tour, various legs, job (ABC7)

Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour. Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour. Gongaware told LAPD he was aware of Jackson's previous use of pills/painkillers but did not want to get involved. (ABC7) Gongaware had known for years that Michael Jackson was taking painkillers but wasn’t aware he was abusing them until MJ abruptly canceled his Dangerous world tour in the early 1990s to enter rehab. Gongaware testified that although he was the manager of the Dangerous tour and knew Jackson was being given painkillers, he didn’t know how serious the problem was until the singer made a public announcement during the tour about his decision to check into rehab. (LAtimes) Gongaware testified that he was a logistics manager on Michael’s “Dangerous” tour in 1993 but never knew about the King of Pop’s addiction to pain meds until the iconic entertainer publicly announced his need for rehab. Gongaware said he knew of “two occasions” when Michael used painkillers between shows, but he claimed he didn’t grasp the scope of the singer’s sickness until the taped 1993 announcement.“I would dispute knowing that he had a problem,” Gongaware said. “I wasn’t aware that there were problems.” (NYDailyNews)

Gongaware said he knew a doctor was medicating Jackson during the Dangerous tour but did not find out why the tour was eventually cut short.
“Didn’t have time,” Gongaware said. “I was just dealing with what was in front of me.” (LATimes)

Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems w/ painkillers before the end of Dangerous tour ended. Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain. (ABC7)

Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn't know specifics of the doctor's deposition. Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery. In Gongaware's video deposition: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn't take about that stuff. Another part of Gongaware's video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour. (ABC7)

Panish: Were you always honest with MJ? Gongaware: I believe I was. Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn't try to trick Michael (ABC7)

Panish elicited contradictory testimony asking over and over about Gongaware's memory, how long he spent with lawyers to discuss testimony. (ABC7)

On the Bad Tour MJ sold out 10 stadiums at 75,000 tickets per night.
Panish: That's a pretty big number?
Gongaware: Huge (ABC7)

Panish: In 2 hours, how many tickets sold?
Gongaware: In initial presale we sold 31 shows
Panish: The fastest you had ever seen?
Gongaware: Yes (ABC7)

"No one knows how many shows we can get with Mikey," said Gongaware. Panish asked about name "Mikey" - he said he used it occasionally (ABC7)


Email on 2/27/09 from Gongaware to Phillips: We are holding all of the risk, if MJ won't t approve it we go without his approval.We let Mikey know just what it will cost him in terms of him making money, and the we go with or without him in London. We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants. (ABC7) Explaining the email, Gongaware testified that Jackson "really didn’t like to rehearse. He didn’t like to do these kinds of things." (LATimes) Gongaware said his use of “Mikey” was affectionate, not disparaging, and that the “lazy” crack amounted to a “poor choice of words” but one that accurately reflected how Michael “really didn’t like to rehearse” or “do these kinds of things.” (NYDailyNews)

"People were aware at this point there would be a press conference. MJ wouldn't show up at the conference, it'd cost money," Gongaware said. "It wasn't much risk at all, we hadn't spent money," Gongaware said about that point of the tour. This was prior to news conference. (ABC7)

Gongaware said the situation in London, where they constantly referred to MJ as "***** *****", it would impact marketability to sell tickets (ABC7)

"He doesn't want to do this kind of things, but it was important to show MJ to the world if he wanted to do a MJ show," Gongaware explained. (ABC7)

Jurors were shown several e-mails from Gongaware that Jackson lawyers suggested were evidence that AEG Live deliberately misled Jackson about how much money he would make from his comeback concerts and how many days he would have to rest between shows. Gongaware wrote to his boss, AEG Live President Randy Phillips, that they should present gross ticket sales numbers to Jackson, not the percentage of the net profits, during contract talks. "Maybe gross is a better number to throw around if we use numbers with Mikey listening," his e-mail said. (CNN)

Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ's calendar.
Email: "don't want the shows to stand out do much when MJ looks at it. Figure out so it looks like he's not working so much. Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard? Gongaware: Yes. Panish: Were you trying to fool him? Gongaware: Nah, I wasn't trying to fool him, I wanted to present it in the best possible light. Gongaware said it would be obvious when MJ would be working and not and he wasn't trying to trick him. (ABC7) "Figure it out so it looks like he's not working so much." Gongaware email request to alter MJ's schedule. "I wasn't trying to fool him. I wanted to present it in the best possible light." Gongaware on altering look of MJ's schedule (LATimes)

He sent an e-mail to his assistant in March 2009 suggesting that she design a concert calendar for Jackson using light tan colors for show dates, while drawing attention to his rest days. "I don't want the shows to stand out so much when MJ looks at it. Less contrast between work and off. Maybe off days in a contrasting soft color. Put 'OFF' in each off day after July 8, as well. Figure it out so it looks like he's not working so much."Under questioning Tuesday, Gongaware said he "wasn't trying to fool him. I wanted to present it in the best possible light." (CNN)


Email on 3/25/09 from Phillips to Gongaware: "We need to pull the plug now. I will explain."
Panish: Mr. Phillips wanted to pull the plug on the show, right sir? Gongaware: I think he was referring to pull the plug on Karen Faye. "We never talked about pulling the plug on MJ tour. Not that I recall," Gongaware testified. "Kenny wanted the pull because the way she (Faye) handled the situations," Gongaware explained. "She tried to control access to MJ and Kenny didn't like that," Gongaware said. Karen Faye expressed strong opinion that the tour as dangerous and impractical for MJ. Panish asked about a chain of emails where Gongaware said the pulling the plug refers to Ms. Faye. "I believe he was," Gongaware repeated. Email on 3/25/09 from Gongaware to Phillips: It's her (Faye) strong opinion this is dangerous/impractical w/ MJ's health/ability to perform. Response from Gongaware to Phillips: Not sure what to send back... Randy responded: "We need to pull the plug now. I will explain.".Gongaware said in depo he had no idea what Phillips meant. He said he didn't recall Phillips saying they needed to pull the plug on the tour (ABC7)

In another March 25, 2009, email, Ortega wrote Gongaware that it was Faye's "strong opinion that this is dangerous and impractical with consideration to MJ's health and ability to perform.". The email was sent on March 25, 2009, and was from Randy Phillips to Paul Gongaware. Gongaware denied that the email was a reference to calling off Jackson’s "This Is It" concerts in London but instead was pointed at "pulling the plug on Karen Faye. "We never talked about pulling the plug on the Michael Jackson tour, not that I recall.” said Gongaware. "I think Kenny wanted to pull the plug on her because of the way she handled the situation," Gongaware testified about Faye. "She tried to control access to Michael Jackson, and Kenny didn’t like that.” (LATimes)

"I thought he was in good shape at the press conference, I was there," Gongaware said at the deposition. Gongaware was at O2 arena and Phillips was with MJ. "MJ was late, Randy was saying I'm trying to get him going, I'm trying to get him going". Panish: Did Randy tell you MJ was drunk and despondent? Gongaware: No, not drunk and despondent. Just said he was having hard time getting him going. (ABC7)

As to Dr. Conrad Murray, Gongaware said there was 1 rehearsal he said hello to him. "It was basically a hello, on the floor at the Forum.". "Mikey asked me to retain him for Michael Jackson," Gongaware said about Dr. Murray. "I never hired him." (ABC7)

Panish: Is Mr. Phillips a good friend of your? Gongaware: I work with him. Panish played interview of Phillips to SkyTV after MJ died: The guy is willing 2 leave his practice for large sum of money, so we hired him (ABC7)

"I was told Michael wanted him as his doctor for the show," Gongaware said. Gongaware said MJ did not have any illness that he knew of. Gongaware: He had taken a physical, he passed the physical and from what I understand there was nothing wrong w/ him. Maybe some hay fever. Panish: Do you know what his blood test showed? Gongaware: It showed it was good?! Gongaware said he received email from Bob Taylor that everything was fine and that MJ had passed the physical. Gongaware said he never saw the results of the tests and doesn't know who saw them. (ABC7)

Panish: First you said how much did you want? (to Dr. Murray) Gongaware: Yes Panish: He said he wanted $5 million, right?. Gongaware: That's what he said. He said he had four clinics he would have to close, he would have to lay people off. Gongaware said Dr. Murray had been MJ's personal doctor for the past 3 years. He said he did not know how many times MJ had seen the doctor. "MJ insisted on him, recommended him, and that was good enough for me, it was not for me to tell MJ who his doctor should be" Gongaware said. When Panish asked if MJ would get anything he wanted, Gongaware said he tried to make sure he (MJ) had what he needed to do his job. Gongaware said he could've told MJ to hire the doctor himself. "He wanted a doctor and I wanted him to be healthy for this tour". Dr. Murray said he wanted more money, but Gongaware testified he told him the offer came directly from the artist and Dr. Murray accepted it. "I think he was willing to accept anything that MJ offered," Gongaware opined. (ABC7)

Gongaware addressed the topic of Dr. Murray in his testimony Tuesday by saying he believed AEG had no choice but to work with the Vegas cardiologist. “In this case, Dr. Murray was recommended by the artist. In fact, the artist insisted,” he said. (NYDailynews)

Gongaware acknowledged reluctantly that he negotiated a deal for the doctor that the pop star had chosen to accompany him. But AEG Gongaware testified his only role in the matter was negotiating the price of Dr. Conrad Murray's services in compliance with what Jackson asked him to do. Gongaware said that neither he nor anyone at the AEG investigated Murray's background or credentials. (AP)

"The fact that he had been Michael Jackson's personal physician for three years was good enough for me," Gongaware said. (AP)

Asked if he knew that Murray was in financial difficulties when he took the job as tour doctor, Gongaware answered no.He said that Murray initially asked for $5 million to travel to London with Jackson and tend to him during the tour. "I just told him it wasn't going to happen," he said, recalling that Jackson then suggested offering him $150,000 a month. "Michael Jackson insisted on it and recommended him and it was not for me to tell him no," said Gongaware. "I wanted to provide what was necessary for him to do his job...He wanted a doctor and I wanted him to be healthy." Even after the offer of $150,000, Murray wasn't satisfied. "He started saying he wanted more and I said, 'The offer is coming directly from the artist," Gongaware said. Minutes later, he said Murray accepted. "Did that seem desperate to you?" asked Panish."No," said Gongaware. "He just accepted Michael's offer." (AP)

Gongaware said he spoke on the phone twice with Murray. The first time, the doctor requested $5 million to join the “This Is It” tour as Jackson’s physician. The second time, Murray agreed to a salary of $150,000 a month, which was a figure suggested by Jackson.
“He started in saying that he wanted more and I said that offer came directly from the artist and he immediately accepted,” Gongaware said of their second phone conversation. He added: “It wasn’t a done deal. We agreed on what the compensation would be, but there was still a lot of open issues that had to be resolved.” (LATimes)

"We agreed on what the compensation was going to be, but there were a lot of issues to be resolved," Gongaware said. Gongaware said he recalled meeting with Dr. Murray where he was told the doctor was going to take care of the medical licensing in London. Gongaware and Timm Wooley are longtime friends. They are currently working on The Stones tour. Gongaware said he negotiated the price for Dr. Murray, but didn't negotiate the contract. Gongaware explained that he didn't do the negotiation, he would normally refer that to Wooley. (ABC7)

Panish showed video deposition of Gongaware and a declaration he signed about a month before giving the deposition. They contradict themselves. (ABC7) At first, Gongaware insisted he did no negotiating with Murray, but, confronted with emails and his previous testimony, he changed his position and said, "The only thing I did with Dr. Murray was negotiate a price." (AP)

Dr. Finkelstein and Gongaware have been friends for 35-plus years. Gongaware said he never offered Dr. Finkelstein the job of being MJ's doctor and said the doctor would be mistaken if he testified otherwise. Gongaware told the jury he called Dr. Finkelstein to ask what a fair price for a tour doctor would be. Doc told him it was $10,000/week. As to Dr. Finkelstein wanting to be the tour doctor, Gongaware said he didn't recall specifically, but knew he wanted it."After his death we may have talked, but I don't recall specifics," Gongaware said. Gongaware said he sees Dr. Finkelstein a few times a year, but MJ's subject never came up. Panish asked Gongaware if Dr. Finkelstein wanted to know if MJ was clean and using drugs. Gongaware said he didn't recall the conversation . (ABC7)

Panish: You were involved in terminating one of the nannies who took care of MJ's kids? Gongaware: Yes. Gongaware told nanny Grace Rwamba that her serviced would not be needed anymore because AEG was cutting down on MJ's expenses. (ABC7)

"I never read the contract, I was there when Michael signed it, but didn't see what was in it," Gongaware said. "Doctor Murray was 100% Michael's cost," Gongaware said. Based on the contract, Gongaware said 95% of the production expenses were MJ's responsibility, 5% AEG. Panish: Who decided there was a need for a written contract with Dr. Murray? Gongaware: I don't know (ABC7)

Gongaware said that if tour went forward, Dr. Murray would've made $1.5 million for 10 months. Ortega would've made almost that. "I didn't do anything to check his background. He was MJ's doctor and that as good enough for me," Gongaware testified. (ABC7)

Gongaware said although AEG never did a background check on Murray, in his view they had “checked out” the doctor according to their standard practices. “When we check out someone, we either rely on if we know the person or if they’re known in the industry or if they’re recommended by the artist,” he said. “And in this case, Dr. Murray was recommended by the artist — in fact, the artist insisted.” The Jackson family’s attorney pressed Gongaware. “You did nothing to verify anything about Dr. Murray, isn’t that true, sir?” Brian Panish asked.“Well, Michael Jackson insisted on him, recommended him and that was good enough for me,” Gongaware replied. “It’s not up to me to tell Michael Jackson who his doctor should be.” (LATimes)

Panish asked: “You could have told Dr. Murray at any time that his services were no longer needed, couldn’t you?” “No,” Gongaware replied. Panish then pointed out that the AEG executive had fired Jackson’s nanny after being asked to do so by the singer’s aide. (LATimes)

Panish asked Gongaware if he approved budgets for April-July including Dr. Murray as production expense. He said he didn't know which budgets he approved. "It's my job to get that show on the road," Gongaware said. Gongaware said he had to know how much the production had spent on any given time, but didn't have time to read the budget. Panish: Do you think you're good at your job, sir? Gongaware: Yes Panish: Very good? Gongaware: I think so (ABC7) Gongaware testified that he didn’t pay attention to the tour budgets that he approved, even though he was the tour manager.Paul Gongaware said he didn’t read through the budgets, instead trusting that the tour accountant for Jackson’s planned comeback concert series “knew what he was talking about.” Gongaware testified that Dr. Conrad Murray’s salary, although included in the company’s budget for several months, wasn’t something he saw as an actual payment that would be made.“If there’s a potential for cost we put it in our budget so there are no surprises later,” he said. (LATimes)

Gongaware often pleaded poor memory of events. He said he may have met with Jackson as many as 10 times, but could remember only two of the meetings and only one when Murray was present.(AP)

Gongaware said he doesn't remember how many meetings he attended at Carolwood house. He didn't recall a meeting where a vase was broken. "There was a meeting where he signed the contract," Gongaware recalled, saying there were more but he doesn't remember specifics. At the meeting in early June, Gongaware he was present along with Kenny, Randy, Frank DiLeo, Dr. Murray and Michael. "The meeting was about making sure MJ and Dr. Murray had everything they needed to care for Michael," Gongaware explained. "Yes, we did talk about health-related issues," Gongaware said." It was more a general meeting about what Dr. Murray would need." As to the June meeting, Gongaware said Michael Jackson was a little off. "He was just coming back from visiting Dr. Klein," Gongaware said. "I believe he was under the influence of something," Gongaware said. (ABC7) He remembered a meeting at which Jackson arrived late from a doctor's appointment and had slurred speech. "He was a bit off," he said, "that was the only time I saw him like that." (AP) Meeting was about Michael and what he needed for the tour. "Health issues were discussed at the meeting and Dr. Murray was there," Gongaware admitted. Gongaware told the police the topic of the meeting was Jackson's overall health, i.e., diet, stamina and his weight. (ABC7)

Gongaware said he attended a meeting at Jackson’s Holmby Hills home in June 2009 with other AEG executives; Frank Dileo, Jackson’s manager; and Murray. Gongaware said the hour long meeting was not about Jackson missing rehearsals, but about “whether Dr. Murray and Michael had everything they needed to take care of Michael’s health.”.“The topic of the meeting was Jackson’s overall health, i.e., diet, stamina and his weight,” the document read. “Jackson had missed a rehearsal and was thought to be dancing at home. However they discovered he was only watching video. Doctor Murray was receptive to their concerns and indicated he would take care of the situation.” (LATimes)

[Christine3110]

Panish: Waren sie immer ehrlich zu MJ?
Gongaware: Ich denke schon.
Panish: Haben Sie mit Zahlen um sich geworfen, um MJ auszutricksen?
Gongaware: Ich habe nicht versucht Michael auszutricksen.


Während der BAD-Tour wurden 10 Stadien mit 75.000 Tickets pro Nacht ausverkauft.
"Das ist ne ganze Menge?" fragte Panish. "Riesig" antwortete Gongaware.

Panish: Wieviel Tickets wurden in 2 Stunden verkauft?
Gongaware: Bei den ersten Vorverkäufen 31 Shows.
Panish: Die schnellsten die Sie je gesehen haben?
Gongaware: Ja.

" Niemand wußte wieviele Shows wir mit Mikey bekommen würden" sagte PG.
Panish fragte nach dem Namen "Mikey" - er sagte, er benutze ihn gelegentlich.



Email v. 27.2.09 v. Gongaware an Phillips:
"Wir tragen das ganze Risiko, wenn MJ nicht zustimmt, machen wir es ohne seine Zustimmung. Wir werden Mikey wissen lassen was es ihn kosten wird, in Bezug auf seinen Gewinn. Wir werden mit oder ohne ihn nach London gehen. Wir können nicht gezwungen werden dies zu stoppen, was MJ versuchen wird, nur weil er träge ist u. ständig seine Meinung ändert um das zu bekommen was er gerade will."

In Erläutering dieser Email sagte Gongaware aus, das Wort "lazy" (träge) bezog sich darauf, dass MJ "es wirklich nicht mochte zu proben. Solche Sachen mag er überhaupt nicht."

"Den Leuten war zu diesem Zeitpunkt klar, dass es eine Pressekonferenz geben würde.
Michael mochte sowas nicht, aber es war wichtig Michael der Welt zu zeigen, wenn er eine MJ-Show machen wollte."
erklärte Gongaware. Wäre Michael nicht erschienen, hätte es Geld gekostet. "Aber es war kein besonders großes Risiko, wir hatten noch nicht viel Geld investiert."




Den Juroren wurden mehrere Emails von Gongaware gezeigt, die laut Jacksons Anwälten beweisen würden, dass AEG Live Michael vorsätzlich darüber in die Irre geführt hätten, wieviel er mit den Comeback-Konzerten verdienen würde u. wieviel Tage Pause er zw. den Konzerten hätte. Gongaware schrieb seinem Boss R. Phillips, dass er MJ während der Vertragsverhandlungen die Höhe der Ticketverkäufe präsentieren sollte u. nicht die Prozentzahl seines Nettoprofits.

Panish sprach über eine Email die PG an seine Sekretärin sandte, in der er sie bat, die Farbe auf MJs Tour-Kalender zu ändern.
"Ich will nicht, dass die Shows zu sehr herausstechen wenn MJ auf den Kalender schaut. Schau zu, dass es so aussieht, als würde er nicht so viel arbeiten."

Panish: Haben Sie versucht ihn zu täuschen?
Gongaware: Nein, das wollte ich nicht, ich wollte ihn im bestmöglichen Licht dastehen lassen.

Es sei ganz eindeutig gewesen, wann MJ hätte arbeiten müssen u. wann nicht.



Gongaware bestätigte, dass es für AEG eine riesige Sache gewesen sei, MJ , den er für den größten Künstler seiner Zeit hielt, an Land zu ziehen.
In einer Email 2008 an AEG LIVE Präsident R. Phillips, beschrieb Gongaware wie die Firma sich Jackson u. seinem Manager für eine mögliche Comeback-Tour annähern sollte.
Wir müssen mit dem Wesentlichen beginnen. Wie wir es machen. Der Unterscheid zw. LIVE NATION und uns ist groß. Wir sind künstlerbezogen, sie werden von der Wall Street diktiert," schreib Gongaware. "Wir sind smarte Menschen. Wir sind total ehrlich und transparent in allem was wir tun. Das ist wie Anschütz es will."

Gongaware sagte, dass er mit Elvis Presley auf seiner Tour gearbeitet habe.
Panish fragte, ob Elvis an einer Medikamentenüberdosis gestorben sei u. Gongaware antwortete mit ja.
In einer Kondolenzmail an einen Freund v. 5.7.09 schrieb er:
"Ich war mit Elvis auf Tour als er starb, ich hab eine Ahnung was nun auf uns zukommt. Ich bin immer noch total geschockt."

Panish fragte: "Also ahnten sie ziemlich genau was auf Sie zukommen würde, als MJ starb, stimmt das Sir?"
"Ich konnte mir vorstellen was passieren würde, ja" antwortete Gongaware.


Gongaware bestätigte , dass er den Vertrag für den Arzt verhandelt habe, den Michael sich aussuchte um ihn zu begleiten. Aber er bezeugte, dass seine einzige Aufgabe darin bestand, das Honorar für CM Leistungen auszuhandeln, entsprechend dem was MJ ihm auftrug.
"Die Tatsache, dass er (CM) seit 3 Jahren MJs persönl. Arzt war, war gut genug für mich."
"MJ bestand darauf und hat ihn empfohlen und es stand mir nicht zu ihm das abzuschlagen. Ich wollte ihn in allem unterstützen was für ihn nötig war, um seinen Job zu machen.
Er wollte einen Arzt u. ich wollte , dass er gesund ist."

Ob er wußte, dass Murray finanzielle Schwierigkeiten hatte, als er den Job eines Tourarztes annahm, beantwortete Gongaware mit nein.
Er sagte, dass CM ursprünglich 5 Mio. $ verlangte um mit MJ nach London zu reisen u. ihn während der Tour zu betreuen.
"Ich sagte ihm, das könne er sich abschminken" sagte PG , Michael habe ihn dann vorgeschlagen CM 150.000 $ im Monat anzubieten.

Aber selbst nach dem 150.000 Dollar Angebot war CM nicht zufrieden. "Er begann zu verhandeln u. wollte mehr u. ich sagte, dass dieses Angebot direkt vom Künstler kam".
Minuten später habe CM akzeptiert. Ob ihm das aus Verzweifllung vorkam, fragte Panish. "Nein, er akzeptierte einfach Michaels Angebot."



zu Michaels Tour-Vertrag:

"Ich habe nie den Vertrag gelesen, ich war zwar anwesend als Michael ihn unterschrieb, aber wußte nicht, was darin stand".
"Doc Murrays Gehalt ging zu 100% auf Michaels Kosten", sagte PG. Basierend auf den Vertrag, lagen 95% der Produktionskosten in Michaels Verantwortung, 5% in AEGs.
Panish fragte , wer die Entscheidung traf, dass es einen schriftl. Vertrag mit CM geben sollte..."Weiß ich nicht" sagte PG.


Zu den Treffen in Michaels Haus:


PG sagte, er erinner sich nicht wie oft er an Treffen in Carolwood teilgenommen hat. Er erinnerte sich nicht an ein Meeting, wo eine Vase zu Bruch ging.
"Es gab da ein Treffen, wo er den Vertrag unterschrieb, es gab mehrere, aber er könne sich nicht an die Einzelheiten erinnern.
Bei dem Meeting Anfang Juni, wo er, Kenny Ortega, Randy P. Frank DiLeo , Dr. Murray u. Michael anwesend waren, sei es darum gegegangen sicher zu stellen, das CM alles hatte was er brauchte um sich um Michael zu kümmern, erklärte Gongaware.
"Ja wir sprachen über grundsätzliche gesundheitliche Dinge. Es ging darum, was CM benötigte."
Er sagte, dass Michael etwas neben sich stand. "Er kam gerade von einem Besuch bei Dr. Klein zurück. Ich hatte das Gefühl er stand unter Einfluß von irgendwas. Es war das einzigste Mal, dass ich ihn so sah."



Panish: " Hätten sie CM zu irgendeiner Zeit sagen können, dass seine Dienste nicht länger benötigt werden?"
Gongaware: "Nein."
Panish erwähnte dann, dass er ja aber auch die Nanny Grace W. gefeuert habe, nachdem Michael in darum gebeten habe.





Email v. 25.3.09 PG and RP: "Es ist ihre (Faye) Überzeugung, dass es gefährlich u. unnötig für Michael sei , in seinem Zustand zu performen."
Email v. 25.3.09 Antwort v. PG: "Ich weiß nicht, was ich dazu sagen soll.Ich verstehe nicht...
RP antwortete: ""We need to pull the plug now. Ich werde es erklären."


Panish: Mr. Phillips wollte mit der Show schlußmachen, richtig?
Gongaware: Ich denke er meinte damit Kare Faye. Wir haben niemals in diesem Zusammenhang über Michaels Tour gesprochen, nicht dass ich mich erinnere. Sie versuchte den Zugang zu Michael zu kontrollieren u. Kenny gefiel das nicht. Sie äußerte starke Bedenken, dass die Tour für MJ gefährlich und unnütz sei."



***************************************


Ich finde das alles (diese Twitter der Reporter) sehr verwirrend...und sie können auch nicht die ganze Aussage von Gongaware wiedergeben.
MJJC versuchen das Geld zusammen zu bekommen, um das Transcript dieses Verhandlungstages zu kaufen, damit man sich ein richtiges Bild von der Zeugenaussage machen kann.

[geli2709]

Michael Jackson Trial: 5 Newest Developments in the
Estate's Case Against AEG
Tensions rose during Tuesday's court session when AEG Live's Co-CEO Paul Gongaware
took the stand for the first time

Published: May 28, 2013 @ 9:02 pm

The Katherine Jackson vs. AEG trial entered its second month in a downtown Los Angeles courtroom on Tuesday.

Among the day's court proceedings was the first appearance of AEG Live Co-CEO and former Jackson tour manager Paul Gongaware, who is being sued along with AEG and AEG Live's CEO and President Randy Phillips. Gongaware testified during a tense courtroom examination by Jackson attorney Brian Panish. Janet Jackson, who showed at court for the first time since the trial began, was seated next to her mother Katherine.

The ongoing trial is over a wrongful death lawsuit filed by Katherine Jackson and Michael's children, Paris, Prince and Blanket, against concert promoter AEG. The suit claims AEG was responsible for negligently hiring Dr. Conrad Murray, currently serving four years for involuntary manslaughter over Jackson's death on June 25, 2009 from a fatal dose of Propofol. AEG contends that they never hired the doctor, claiming he was employed by Jackson himself.

Here's a look at the 5 latest developments in the Michael Jackson Estate vs. AEG trial:

1. Emphasizing AEG's "honesty" and "transparency," Gongaware denied to Panish that he had ever tried to deceive Michael Jackson. However an email that Gongaware wrote and sent to AEG executives in 2008, which was displayed on screens in the courtroom, said, "Net to Mikey 132 million..It's a big number but this is not a number MJ will want to hear. He thinks he's so much bigger than that. If we use show income it's over a quarter of a billion dollars. His net share works out to be 50 percent after local venue and ad costs which is quite good. His gross is half a billion. Maybe gross is a better number to throw around if we need to use numbers with Mikey listening."

In an email Gongaware sent in March, 2009 to his assistant Kelly DiStefano, her instructions were to alter Jackson's schedule to make it look like his schedule wasn't as grueling. "Change the color for the actual shows to something like first one you used like a light tan or something. I don't want the shows to stand out so much when MJ looks at it... Figure it out so it looks like he's not working so much." When queried by Panish over why he gave such instructions to his assistant, Gongaware, who claimed during his deposition that he had no knowlege of his motivation, said, "I didn't want him to misread it so he thought he was working more than he was. I was trying to present it in the best possible light."

2. Upon viewing some of his own emails which he couldn't recall writing or sending, Panish asked Gongaware, "Sir, have you have been having a problem with identity theft? Is someone writing emails under your name?" During his deposition, Gongaware denied any written connection to a "This Is It" press conference in which Jackson was set to introduce the film to critics and media. Jackson was also scheduled to introduce the "This Is It" tour in London. Gongaware wrote, "We can not be forced into stopping this which MJ will try to do because he's lazy and constantly changes his mind to fit his immediate wants." Gongaware testified Tuesday that "lazy" was a "poor choice of words" and he had just meant to convey that Jackson didn't like doing promotion. As to Gongaware's inability to recall certain emails that he had written and sent, he said, "Those were written three and a half years ago and I was doing hundreds of emails a day."

3. Despite an email sent to "This is It" tour business manager Timm Woolley by Gongaware which approved tour charges, including a house for Dr. Murray in London, he claims budget approvals by him were merely a "technical" task included in his job "but that he had never read any of it at the time." Jackson attorney Panish pounced, asking: "Your custom of practice when reviewing budgets on a $34 million project is that you don't review them?" Gongaware said he didn't feel it was necessary to respond given that Woolley and he both reached an understanding of the process. When asked pointblank if it was his job to approve budgets, Gongaware gave an evasive answer saying, "It's my job to get the show on the road." His answer prompted Panish to repeat the question. Gongaware conceded that it's his job to approve budgets, but explained that budgets are constantly in flux during production and are only adjusted and settled once a tour is over.

4. Gongaware repeatedly denied having employed Dr. Murray, saying "I never hired him" and "Michael asked me to retain him." Gongaware was then shown a video of an interview (which he claimed he's never seen prior to Tuesday) in July 2009 in which AEG CEO/President Randy Phillips talked about Dr. Murray to Sky News saying, "We just felt this is his personal doctor and he wants him 24/7 and he's willing to leave his practice for a very large sum of money." As to why a background check was not run on Dr. Murray, Gongaware justified it by saying, "Michael Jackson insisted on him, recommended him, and that was good enough for me. It's not for me to tell Michael Jackson who his doctor should be....he wanted a doctor and I wanted him to be healthy for this tour." When quizzed on whether he had the authority to hire or fire Dr. Murray, Gongaware said, "I don't think so. He worked directly for Mr. Jackson." However Panish reminded the courtroom that Gongaware had actually terminated Jackson's nanny and so it would seem he could equally have terminated Dr. Murray too if he wanted to do so.

5. The court reviewed a June 2009 meeting held at Jackson's Carolwood home with Michael Jackson, Dr. Murray, AEG CEO/President Randy Phillips, Frank DiLeo (Jackson's former manager) and "This Is It" tour director Kenny Ortega. Gongaware stressed that the meeting was not about Jackson's health, but just to make sure that Dr. Murray had everything he would need to care for Jackson properly. But his testimony during Conrad Murray's criminal trial seem to contradict the statements he made to the court on Tuesday. Gongaware testified at Michael's criminal trial, in Sept. 28, 2011, that "This is It" tour director Kenny Ortega had requested the meeting over concerns about Michael's absences from rehearsal, as well as his health. Additionally, a police report filed after Gongaware was interviewed by Los Angeles Police Department references the meeting, saying that Gongaware told police the main topic of the meeting was "Jackson's overall health - diet, stamina and his weight. Jackson had missed a rehearsal and was thought to be dancing at home. However they discovered he was only watching video. Doctor Murray was receptive to their concerns and indicated he would take care of the situation." When Panish showed the police report on screens in the courtroom, Gongaware flat out denied having said that to police and said, "I think the police have it wrong."

http://www.thewrap.com/music/article/draft-jackson-trial-pamela-94186

Übersetzung der Punkte im Bericht oben, Aussage Gongaware:

Danke maja5809

1. In einer Email die Gongaware im März 2009 an seinen Assistanten Kelly Di Stefano sandte, gab er Anweisungen Mjs Terminplan zu verändern, damit es aussähe, als sei er weniger strapaziös.
„Ändere die Farbe für die eigentlichen Shows in etwas wie das , was du zuerst gebraucht hast, diese helle Farbe... Ich will nicht, das die Shows so herausstechen, wenn MJ den Plan ansieht... Mach es so, das es aussieht, als müsse er nicht so viel arbeiten.“
Als Panish ihn fragte, warum er solche Anweisungen gab, sagte Gongaware der während seiner eidesstattlichen Aussage sagte, er wüsste nicht, was ihn dazu motivierte: „Ich wollte nicht, dass er es falsch verstehen würde, und dass er denken würde, er müsse mehr arbeiten, wie er wirklich arbeitete. Ich wollte es im besten Licht zeigen.“

2. Als er ein paar seiner eigenen Mails ansah, an die er sich nicht erinnern konnte, sie geschrieben oder geschickt zu haben, fragte Panish Gongaware:
„Sir, hatten sie ein Problem mit Identitätsbetrug? Hat jemand in ihrem Namen Mails geschickt?"
Während der Eidesstattlichen Aussage hatte Gongaware jede schriftliche Verbindung bezgl. Der TII Presse Konferenz. Jackson sollte laut Plan die TII-Tour in London ankündigen bestritten
Gongaware schrieb:
„Wir können uns nicht zwingen lassen, das zu stoppen, was MJ versuchen wird, weil er faul ist und ständig seine Meinung ändert, um es passend zu seinen momentanen Bedürfnissen zu machen.“
Dienstag sagte Gongaware aus, „faul“ sei eine armselige Wortwahl. Und es wollte nur damit sagen, dass MJ die Promotion/Ankündigung nicht mochte. Dazu, dass er sich nicht mehr an Mails, die er schrieb und verschickte erinnern konnte meinte er: „Die wurden vor 3,5 Jahren geschrieben und ich habe Hundert mails pro Tag.“

3. Wegen einer Mail von Gongaware an Tourmanager Timm Wooley, in der Tour Ausgaben bewilligt wurden, darunter auch ein Haus für Murray in London, sagt er, Budget Genehmigungen seine ein rein technischer Vorgang, was zu seinem Job gehöre, aber er habe nie eine davon gelesen.
Panish fragte nach: „Ihre gewöhnliche Praxis, wenn sie Budgets von 34 Mio.$ genehmigen ist, dass sie es nicht überprüfen?“
Gongaware sagt, er dachte es sei nicht nötig, weil er mit Wooley in dieser Sache schon einer Meinung war. Nochmal nachgefragt, ob es sein Job sei, Budgets zu überprüfen, gab er die ausweichende Antwort: „ Mein Job ist es, die Show auf den Weg zu bringen.“ Sein Job sei, Budgets zu überprüfen, aber Budgets seien ständig in Bewegung, während der Produktion und werden nur angepasst und stehen erst fest, wenn die Tour vorüber ist.

4. Gongaware stritt wiederholt ab, Murray angestellt zu haben. Er sagte: „ich habe ihn nie eingestellt“ und „ Michael fragte mich ihn zu beauftragen.“ Sie zeigten ihm dann ein Video mit einem Interview (von dem er sagte, er habe es zuvor nie gesehen) von Juli 2009, in dem R. Phillips über mit Sky News über Murray sprach: „Wir dachten, das ist sein persönlicher Arzt und er wolle ihn 24/7 und er war bereit, seine Praxis für eine hohe Summe Geld zu verlassen.“

Zur Frage, warum bei Murray kein Backgroundchek vorgenommen wurde sagte Gongaware:
„MJ bestand auf ihn, empfahl ihn, und das hat für mich gereicht. Es ist nicht an mir, MJ zu sagen, wer sein Arzt zu sein hat...Er wollte einen Arzt und ich wollte, dass er bei der Tour gesund ist.“
Gefragt, ob er die Genehmigung hatte, Murray einzustellen oder zu feuern, sagt Gongaware: „Ich glaube nicht, er arbeitete direkt für MJ.“
Panish erinnerte daran, dass Gongaware aber Jacksons Nanny entlassen hatte, und dass es doch schien, als hätte er das mit Murray auch tun können, wenn er gewollt hätte.

5. Zum Meeting im Juni 2009 in Jacksons Zuhause, an dem Michael Jackson, Dr. Murray, AEG CEO/President Randy Phillips, Frank DiLeo (Jackson's EX- Manager) und "This is it" tour director Kenny Ortega teilnahmen:
Gongaware sagte, das Meeting habe nicht wegen Jacksons Gesundheit stattgefunden, es ging nur darum, festzustellen, ob Murray alles habe, was er brauche um richtig für MJ zu sorgen.
Aber seine Aussage im Murray Prozess scheint dem zu wiedersprechen, was er Dienstag vor Gericht sagte.
Im Murray Prozess, im Sept. 201, sagte Gongaware aus, Ortega habe ein Meeting einberufen, wegen Bedenken über Mjs Abwesenheit von den Proben und auch wegen Bedenken zu seiner Gesundheit.
Auch in einem Polizeibericht wird sich auf dieses Meeting bezogen, und Gongaware hatte der Polizei gesagt, es ginge um:
„Jacksons Gesundheit, Ernährung und Gewicht. Jackson habe Proben versäumt und man dachte, er tanze zuhause. Aber dann hätten sie entdeckt, er schaute nur Videos. Murray beachtete ihre Bedenken und sagte, er würde sich um die Situation kümmern.“
Als Panish diesen Polizeibericht vorlegte, bestritt Gongaware das glatt heraus und sagte: „Ich glaube, die Polizei hat das falsch verstanden.“

http://www.mjjackson-forever.com/index.php?page=Thread&threadID=5568&pageNo=3

[rip.michael]

Jacksons vs AEG - Day 19 – May 29 2013 – Summary

Katherine and Rebbie Jackson are at court.

Paul Gongaware Testimony


Jackson direct

"My understanding Michael Jackson is a party (to the contract)," Gongaware said about Dr. Murray's contract. He said he never saw it, though.(ABC7) Gongaware told jury he’s never looked at Conrad Murray’s contract to serve as Michael Jackson’s tour doctor. (AP)

Panish: Why did AEG have to enter into a contract with Dr. Murray? Gongaware: I don't know. About AEG terminating Dr. Murray, Gongaware said he didn't believe they could do it, because he was Michael's doctor. Gongaware said it was fair to say he didn't know why AEG would enter into a contract with a doctor for Michael Jackson. Panish asked Gongaware if MJ negotiated the price/contract with Dr. Murray. "I believe he did through me, he instructed me what to offer" (ABC7)

Gongaware said he didn't know for sure whether Karen Faye was an independent contractor or not. (ABC7)

"Dr. Murray would've been 100% charged to Michael Jackson," Gongaware testified. (ABC7)

Gongaware said he didn't know what the $300k budgeted for medical management was for. (ABC7)

Panish tried 'impeaching' Gongaware, which is the process of calling into question the credibility of an individual who's testifying. Yesterday and today the plaintiffs' attorney would ask a question then play parts of the deposition to catch Gongaware in contradiction. (ABC7)

At one point, a portion of Gongaware’s deposition was played in which he discussed a meeting at Michael Jackson’s house with Conrad Murray. At depo, Paul Gongaware said the meeting “was about Dr. Murray and engaging him.” Gongaware later changed testimony to state “him” meant MJ. That change was read to the jury, leading attorney Brian Panish to question Gongaware about what he meant by word “engage.” “Here I think we were talking about making sure Michael Jackson was engaged and focused,” Gongaware said. (AP) Gongaware told the jury he was concerned in getting MJ involved and focused, engaged mentally. "I believe that was Kenny's concern, that he wanted him to be focus," Gongaware explained. MJ had gone before without rehearsing, Gongaware recalled. "When he got to London, MJ was going to be sensational." (ABC7) Gongaware said he thought at the meeting they discussed Jackson’s nutrition, not his health (i.e. sleep issues.) (AP)

Gongaware said Dr. Murray didn't discuss with him MJ's sleeping problems. In his deposition, Gongaware said he didn't remember. Panish asked Gongaware what made him remind that Dr. Murray didn't talk to him about MJ's sleeping problems; example of impeaching witness. (ABC7)

Panish asked Gongaware about another meeting at Jackson’s house in which the singer showed up late after a visit to Dr. Arnold Klein. “I didn't know what he was under the influence of, but he was a little bit off,” Gongaware said of the meeting. (AP) "I don't know way he was on, he was a little off," Gongaware said, adding that he didn't know what kind of drugs Dr. Klein was giving MJ. (ABC7)

Panish then asked Gongaware whether he was involved in getting Jackson a nutritionist. Lots of back-and-forth on this issue. Panish showed emails in which Gongaware emailed others at AEG telling them Jackson needed a nutritionist and physical therapist. “I was trying to find a nutritionist, but I wasn’t involved in his nutrition,” Gongaware said. (AP)

Obviously I was looking for a nutritionist for him, but I wasn't involved in his nutrition," Gongaware said. Panish played Gongaware's deposition where he said he was not involved in finding a nutritional person. Gongaware explained he believes nutritional person and nutritionist were not necessarily the same. (ABC7)

On June 15, 2009, Gongaware sent and emai to Ortega in response to request for nutritionist and physical therapist for MJ. Email: We're on it. AEG owns major sports teams in this market so we think we can find the right people quickly. Kenny responded: Super.Not a minute too soon. Let's turn this guy around! (ABC7)

Plaintiff’s attorney Brian Panish then asked Gongaware about a friend of AEG CEO Randy Phillips who was going to work with Jackson. Gongaware said he didn’t know whether this friend of Phillips was a nutrition specialist. He told Panish he’d have to ask Randy Phillips. (AP) Gongaware testified he remembers someone named David Loughner working with MJ. Panish pointed out Laughner is Randy Phillips' friend. "I don't know if he was a nutritionist, it was someone in charge of making MJ eat," Gongaware explained. Gongaware: He's a guy who's dealt with artists quite a bit Panish: Artists in trouble? Gongaware: Artists in general. Gongaware said he doesn't know what Laughner did, but he's seen him working with JLo and Enrique Iglesias. (ABC7)

Gongaware didn't know why MJ would need a nutritionist when he had a doctor hired. "Kenny asked for it," Gongaware explained. Gongaware said he told Dr. Murray he wanted him to have everything he needed. He said Michael Jackson had always been thin. (ABC7)

Gongaware said he didn't attend rehearsals frequently. "I was at the rehearsal facility at all the times but I wasn't in the arena much.". "We were always concerned about MJ's health and well being," Gongaware explained, saying he was responding to Kenny Ortega's requests. Gongaware said Kenny Ortega was responsible for keeping an eye on everything, including MJ and his health. (ABC7) AEG exec Paul Gongaware was then asked whether there was anyone responsible for handling AEG’s interests at rehearsals. Gongaware responded yes, that was Kenny Ortega. (AP)

Panish: Do you think Ortega was overreacting? Gongaware: Perhaps. I knew that when house lights went up, he was going to be there
Panish: You think Ortega was overreacting when raised concerns about MJ's health? Gongaware: I think I wasn't concerned as he was (ABC7)

"I was never concerned about Michael Jackson. I knew when the houselights went off, he would be there and on." (LATimes)

Panish asked Gongaware whether he thought Ortega was overreacting about Jackson’s health? “Perhaps,” Gongaware replied. “I knew when the house lights went out, he was going to be out there and on,” Gongaware said of Jackson. On whether Kenny Ortega was overreacting about Jackson’s health, Gongaware also said: “I wasn’t concerned as he was.” (AP)

Talking about the email Gongaware wrote saying he wanted to remind him (Dr. Murray) that it's AEG, not MJ, who's paying his salary. In his deposition, Gongaware said he didn't know what he meant to say in the email. Gongaware testified he spent some of the time himself looking at this email, putting it in context with the rest of the material he had. Panish: After meeting with your lawyers and talking about an hour or two about this email, did you refresh your memory what you meant? "I did come to conclusions a lot on my own, then I discussed it with my attorneys," Gongaware explained. Gongaware: After you go through you remember the facts Panish: You didn't have psychotherapy to refresh your recollection? G: No. "I still don't recall writing it," Gongaware said, "I don't recall writing it, but I admit I wrote it."(ABC7)

Plaintiff’s attorney Brian Panish asked him whether he’d met with AEG’s attorneys to refresh his memory. “It’s always been there,” Paul Gongaware said about whether his memory was refreshed by his lawyers. (AP)

Panish on Wednesday played for jurors a section of Gongaware's deposition, recorded in December, in which Jackson lawyer Kevin Boyle questioned him about what he meant when he wrote to Ortega, "We want to remind him that it is AEG, not MJ, who is paying his salary."
Boyle: "Based on the assumptions that AEG is your company and MJ is Michael Jackson, do you have an understanding of what that means?"
Gongaware: "No, I don't understand it, because we weren't paying his salary."
Boyle: "So why would you write that?"
Gongaware: "I have no idea."
Boyle: "Now, let's go on to the next sentence. When you say 'his salary,' who are you talking about?"
Gongaware: "I don't know."
Boyle: "Oh, but how do you know you weren't paying his salary if you don't know who we're talking about?"
Gongaware: "I don't remember this e-mail."
Boyle: "Didn't you just testify that 'we weren't paying his salary'?"
Gongaware: "AEG?"
Boyle: "Yes. No. You just testified 'we weren't paying his salary.' You just testified to that a few seconds ago, right?"
Gongaware: "I guess."
Boyle: "Well, whose salary were you referring to? Dr. Murray?"
Gongaware: "Yes."
After Gongaware began recalling in court Wednesday what he meant in the e-mail, Panish suggested it may be a case of "repressed memories" where "someone doesn't remember something for three or four years."
"You didn't have any psychotherapy to remember what you wrote here?" Panish asked. "You didn't like get put to sleep? (Judge Yvette Palazuelos injected: "Hypnotized?") to see if you remembered this?
"No," Gongaware answered. (CNN)

Panish went through every word of the email, which was to Kenny Ortega and Frank DiLeo. Panish: You're referring to Dr. Murray and what's expected of Dr. Murray, right? Gongaware: Yes"We did talk about Dr. Murray's salary, but a deal was never consummated," Gongaware said. "His responsibility was to take care of his patient," Gongaware said about Dr. Murray. Panish asked if he thought Dr. Murray knew what his responsibility was, so the need to remind him what's expected of him? "This thing was shorthand between me, Kenny and Frank," Gongaware explained. He said he should've been more careful choosing his words. He claimed he was referring to Kenny's email re nutritionist, physical therapist. "I certainly feel Dr. Murray should be competent to do that (be a nutritionist). He's a doctor!" Gongaware testified. Panish asked why Gongaware thought they needed a nutritionist when they had a doctor hired. "Kenny asked for one," he responded. (ABC7)

"If MJ were signed the contract and if MJ would've instructed us to pay him, we would've pay him," Gongaware said about Dr. Murray. (ABC7)

"I was writing in shorthand," Gongaware explained the email. Here's the email: Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday. We want to remind him that it is AEG, not MJ, who's paying his salary. We want him to understand what's expected of him. He's been dodging Frank so far. (ABC7)

“Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday," AEG Live co-CEO Paul Gongaware wrote on June 14, 2009, 11 days before Murray administered a fatal dose of the anesthetic propofol to the singer. "We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him." Confronted with the email as he sat on the witness stand Wednesday, Gongaware said he didn't recall writing it. “I don’t understand it because we weren’t paying his salary," Gongaware said. “So why were you writing it?" asked Brian Panish, the Jackson family's attorney. "I have no idea," Gongaware replied. The AEG executive later said the email was "shorthand" between him, tour director Kenny Ortega and Jackson's manager Frank Dileo. “I was going through hundreds of emails a day. If I knew lawyers four years later were picking everything apart, I may have been more careful choosing my words,” Gongaware testified. (LATimes)

"Michael didn't like to rehearse, it didn't surprise me," Gongaware expressed, saying it was known that MJ didn't go to rehearsals.(ABC7) He said Jackson didn't like to rehearse, that previously Jackson didn't rehearse before the "HIStory" tour either. But when the lights went up, Jackson was "on," he stated. (KABC)

In May, Gongaware sent an email to Tim Leiweke's secretary, Carla Garcia, wrote that he couldn't tell her which day the "This Is It" concerts would open in London because Jackson hadn't shown up to rehearsal (LATimes) asking her to pray for him, since everything was a nightmare. Email on 5/5/09 from Gongaware to Carla Garcia: Pray for me. This is a nightmare. Not coincidentally, I have them now every night. Cold sweats too. Life used to be so much fun... (ABC7) It was not an admission that he was concerned about Jackson's ability to do the show, he said. "It was just playing around, joking," with AEG President Tim Leiweke's assistant, Carla Garcia, he testified.

"Carla is an absolute babe and I was just chatting her up," he said. (CNN) "Carla is an absolute babe, I was trying to chat her up," Gongaware explained. "I wasn't trying to hit on her. I don't have cold sweats, I don't have nightmares, I sleep great!" Gongaware said. Panish asked him if he was lying in the email, white lie? Gongaware: Let's just say I was joking. Panish: You ask people to pray for you joking? G: I did there (ABC7) Gongaware said he was joking in the message. "I don't have cold sweats," he said. "I don't have nightmares. I sleep great." (AP)

Response from Phillips on Jun 20: Bugzee, I know because I just got Kenny's message on my voicemail.What did he do when he got there and what happened between him and KO? I have a meeting with MJ tomorrow morning. (ABC7)

From Hougdahl (Bugzee)to Phillips, cc'd Gongaware: MJ came out and watched all the pyro demonstration and endorsed the all the effects then went into his room and asked Kenny "you aren't going to kill the artist, are you?" We assumed this was reference to pyro, but Kenny said he was shaking and couldn't hold his knife and fork. Kenny had to cut his food for him before he could eat, and then had to use his fingers. I don't know how much embellishment there is to this, but (Kenny) said repeatedly that MJ was in no shape to go on stage. He kept going on and on how no one was taking responsibility for "getting him ready". We might be getting beyond ... damage control, here. (ABC7)

"I didn't worry about, it sounded like he was sick and they were going to talk about it next morning," Gongaware explained. (ABC7)

Phillips replied: Tim and I are going to see him tomorrow, however, I am not sure what the problem is. Chemical or physiological? (ABC7)

Gongaware said he was at a family wedding and wasn't really paying attention to this. This was 1st time he heard something was wrong with MJ (ABC7)

Gongaware responds: Take the doctor with you. Why wasn't he there last night? (ABC7)

"Yes, if he (MJ) was sick, why wasn't he (the doctor) there?" Gongaware said he meant in the email. (ABC7)

Phillips responded and added Tim Leiweke in the chain: 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. "I think Randy is stating his opinion," Gongaware said. (ABC7)

Panish asked if Gongaware inquired what Phillips meant by "the issue... It's much deeper." He said no. Gongaware: Well, there was going to be a meeting that day to discuss it Panish: We're you concern? Gongaware: Not necessarily. Panish: Nobody told you anything where Dr. Murray was? Gongaware: No P: And never sought to find out? G: No (ABC7)

Response from Hougdahl to Phillips, about needing trainer/therapist: I've watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his a** if he tried it now. (ABC7)

"There was a meeting on June 20th. I wasn't there, I was back East," Gongaware recalled. (ABC7)

Email from Phillips: Unfortunately, we are running out of time. That's my biggest fear. "He was afraid of that, I wasn't," Gongaware said. (ABC7) "That is my biggest fear," Phillips wrote to Gongaware and the CEO of AEG Live's parent company, Anschutz Entertainment Group, on June 20, 2009, five days before Jackson's death. Gongaware said he didn't agree with Phillips' assessment. "He may have said that, but I didn't agree with that," Gongaware testified.(AP)

Katherine Jackson's attorney questioned Gongaware about whether the company put too much emphasis on the showbiz maxim, "The show must go on." Gongaware denied that was the case. He told the jury that he was concerned about Jackson's health, but that he thought "This Is It" tour director Kenny Ortega may have been overstating concerns about the singer's wellbeing. (AP) Gongaware agreed that in this business, the show must go on. (ABC7)

Gongaware said AEG has a policy that they check people out either by knowing them, by being known in the industry or recommend by the artist. (ABC7)

Gongaware testified he didn't know when Dr. Murray's contract was to begin. "That contract was for London and the shows for London, I believe," Gongaware said. (ABC7)

Email on 6/20/09 from Phillips to LeiwekeComm and Kazoodi: This guy is really starting to concern me. Read his email and my response. Dr. Murray and I are meeting with MJ at 4pm today at The Forum. (ABC7) Phillips also expressed concerns about Ortega, writing to Gongaware's private email address, "This guy is really starting to concern me." Gongaware testified Wednesday that he wasn't sure who Phillips was referring to, and his boss may have been expressing concerns about Jackson or Murray. (AP)

Phillips sent this email to Leiweke and Gongaware's private email accounts. "Kazzodi" is a private email address that belongs to Gongaware. "The artist's health is paramount. Without the artist, there's no show. The artist if the most important thing," Gongaware testified. (ABC7)

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

There was a meeting that was going to happen the next day, Gongaware said, and he waited to see what would come out of it. (ABC7)

Email on 6/19/09 from Leiweke to Phillips: Let's set up a time for your and I to meet with him. I want Kenny in the meeting as well. (ABC7)

Ortega wrote back: I will do whatever I can to be of help with this situation. My concern is now that we've brought the Doctor into the fold played the tough love, now or .He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling an obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light it's going to take a strong Therapist to help him through this as well as immediate physical nurturing. I was told by our choreographer during the artists costume fitting w/ his designer tonight they noticed he's lost more weight.: As far as I can tell, there's no 1 taking responsibility (caring) for him on a daily basis. Where was his assistant tonight? Email cont'd: Tonight I was feeding him wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important 4 everyone 2 know I believe he really wants this. It would shatter him break his heart if we pulled plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if i was going to leave him. He was practically begging for my confidence. It broke my heart. He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs. (ABC7)

Phillips responded: Kenny, I will call you when I figure this out,we have a person like that, Brigitte, who's in London advancing his stay. We will bring her back asap and Frank, too, however, I'm stymied on who to bring in as a therapist and how they can get through to him in such a short time. (ABC7)

Gongaware said Brigitte is a lawyer who was in charge of accommodations for MJ in London. (ABC7)

"This all happened prior to the meeting, and I was waiting to understand what the situation was," Gongaware explained. (ABC7)

"I think they are special," Gongaware said about artists. Gongaware: He was obviously concerned Panish: Seriously concerned, right sir? Gongaware: Seemed to be (ABC7)

Email response from Philips to Kenny urging him, and everyone else, not to become amateur psychiatrists or physicians on 6/20/09. Email: "You cannot imagine the harm and ramifications of stopping this show now" (ABC7)

Panish: Can you name a single person at AEG who checked Dr. Murray out? Gongaware: I don't know if anyone did. I didn't know anything about him," Gongaware said about Dr. Murray. "Some people work for reasons other than money," Gongaware opined, but said he didn't know whether Dr. Murray was in that category. "I believe every doctor is unbiased and ethical," Gongaware said. "I think it's a natural assumption on my part." Gongaware: I never checked any doctor that I used. I just go by recommendation, never checked anyone's financial situation. (ABC7)

Gongaware said everyone thought MJ had all the money in the world, and it was not unusual for him to see people asking for a lot of money. Gongaware said he never heard before today anything about Dr. Murray's financial conditions. (ABC7)

Panish: He knew MJ's health was declining based on what the doctor told I'm, right? Gongaware: Based on what his doctor told him, yes (ABC7)

"I did talk to him and he said the meeting went well," Gongaware recalled. (ABC7)

"This guy is starting to concern me," Phillips wrote in an email to Leiweke, Gongaware and Frank DiLeo. "It is not clear to me who 'this guy' is," Gongaware said. "I don't know what Randy meant here," Gongaware explained. "I can easily take 'this guy' is MJ here." (ABC7)

Gongaware said he was in a family wedding, hadn't seen the family for a long time and was not paying attention to work. Gongaware said he produced every email he had related to this case. (ABC7)

Email on 6/22/09 from Hougdahl (Production Manager, known as Bugzee) to Gongaware: Further to the earlier email Let's keep our 2 docu people out of here today, unless they stay in the dressing room area only. Tomorrow is another story... (ABC7)

Panish: Sir, Michael was sick this time, wasn't sir? Gongaware: I don't know, he showed up next day and was great! Panish: But you were not at the rehearsal, sir? Gongaware: I saw reports (ABC7)

Panish then asked Gongaware about his attendance at Jackson’s rehearsals. Gongaware said he didn’t attend many. Gongaware said he watched Jackson perform “Thriller” two days before he died, but that was the only time he spent at that rehearsal. (AP) Panish talking about June 24th rehearsing: "He appeared to me to be fully engaged," Gongaware said. "I recall seeing Thriller because it was the first time they were rehearsing with the costume and I wanted to see it," Gongaware said. (ABC7)



Zusammenfassung von Ivy MJJC #21


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Zusammenfassungen der vorangegangenen gerichtstage:
Day 1 - anträge u. eröffnungsstatements
Day 2 - anhörung und zeugen Senneff u. Martinez
Day 3 - forts. zeuge Martinez u. anhörung
Day 4 - forts. zeuge Martinez
Day 5 - zeugen Anderson und Rogers
Day 6 - zeuge Dr. Wohlgelernter
Day 7 - zeugin Sankey
Day 8 - zeugin Faye
Day 9 - forts. zeugin Faye
Day 10 - zeugen Walker, Rogers, Payne
Day 11 - forts. zeuge Payne
Day 12 - zeugin Hollander
Day 13 - M. Hom videodeposition, forts. zeugin Hollander
Day 14 - forts. zeugin Hollander; zeuge Trell
Day 14 fortsetzung - forts. zeuge Trell
Day 16 - forts. zeuge Trell
Day 17 - forts. zeuge Trell
Day 18 - zeuge Gongaware

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Originaldokumente der eröffnungsstatements (MJJC #1 ff.)