Katherine Jackson - AEG lawsuit : NEWS Only (No discussion)

[ivy]

Anthony McCartney ‏@mccartneyAP3h
A jury is late, so we're delayed in resumption of testimony in Jackson vs. AEG Live trial. No Jackson family members at court today.

Anthony McCartney ‏@mccartneyAP3h
We also found out this morning that tomorrow will be a half day of testimony, with no afternoon session.

Anthony McCartney ‏@mccartneyAP3h
Two jurors now have scheduling conflicts for Thursday, so that's the reason for the short days. Friday will be a half day too.

Anthony McCartney ‏@mccartneyAP1h
After testimony started this morning, we went through the morning session without a break. Updates on Jackson v AEG Live coming soon.

Anthony McCartney ‏@mccartneyAP1h
AEG Live CEO describes Michael Jackson as a forceful businessman, not a 'drug-addled 5-year-old' Entertainment News Headlines - Yahoo! News

Anthony McCartney ‏@mccartneyAP19m
Some updates from morning testimony in Jackson vs AEG Live trial coming up before end of lunch break.

Anthony McCartney ‏@mccartneyAP19m
AEG Live CEO Randy Phillips resumed testifying this morning. A lot of his early testimony focused on Jackson’s ex-manger, Tohme Tohme.

Anthony McCartney ‏@mccartneyAP20m
Phillips told jurors how he met with Tohme for two hours at the bar in the Hotel Bel-Air to discuss Jackson’s tour in 2008.

Anthony McCartney ‏@mccartneyAP19m
That was the first of many meetings over the years between Phillips and Tohme. It led to a later meeting with Jackson.

Anthony McCartney ‏@mccartneyAP19m
That shorter meeting with Jackson discussed a London residency. Phillips said that was preferable because MJ hadn’t toured in a long time.

Anthony McCartney ‏@mccartneyAP20m
Phillips said he didn’t think Jackson had his “touring legs” and it would be easier on him, his kids, to stay in one place.

Anthony McCartney ‏@mccartneyAP20m
Phillips said Jackson was sharp in the planning meetings, and said he wanted to work with Kenny Ortega and choreographer Travis Payne.

Anthony McCartney ‏@mccartneyAP19m
Phillips said he hadn’t worked with either Ortega or Payne before, but he knew of them.

Anthony McCartney ‏@mccartneyAP19m
Phillips on Jackson: “He loved the idea of London. He knew a lot of people there.” Former actor Mark Lester’s name came up a lot today.

Anthony McCartney ‏@mccartneyAP20m
Phillips said the planning meeting with Jackson was the first time he felt the singer was ready to tour. All they talked about was music.

Anthony McCartney ‏@mccartneyAP20m
At this point, Phillips started to discuss the ways he felt the portrayal of Jackson had been skewed during the trial.

Anthony McCartney ‏@mccartneyAP19m
Phillips: “We seem to be talking about Michael like he’s the 5-year-old lead singer of the Jackson 5.”

Anthony McCartney ‏@mccartneyAP20m
The opposite was true, Phillips said. His comments are reflected in this story: Entertainment News Headlines - Yahoo! News

Anthony McCartney ‏@mccartneyAP20m
There were several meetings at the Hotel Bel-Air, and then other meetings at the mansion of a friend, and eventually MJ’s rented mansion.

Anthony McCartney ‏@mccartneyAP20m
Defense attorney Marvin Putnam asked Phillips whether he was concerned about Jackson’s health, saw signs of drug abuse. “No,” he responded.

Anthony McCartney ‏@mccartneyAP19m
Phillips said at one of the meetings, Jackson told him one reason he wanted to perform again. “He wanted his own house,” he said.

Anthony McCartney ‏@mccartneyAP20m
Phillips said at that point, Jackson was staying with rich friends. He said he and Jackson both cried during the meeting.

Anthony McCartney ‏@mccartneyAP19m
Phillips: “He wanted his kids to have a permanent place to live and a sense of community.

Anthony McCartney ‏@mccartneyAP20m
“I felt incredibly bad that this incredible star was at this point where he couldn’t buy a house,” Phillips said.

Anthony McCartney ‏@mccartneyAP21m
This meeting was on Halloween. After the meeting, Jackson took the kids to a party at Liz Taylor’s house, Phillips said.

Anthony McCartney ‏@mccartneyAP21m
Phillips discussed a $5 million advance payment to Jackson. $3 million was to settle a lawsuit, the rest for living expenses.

Anthony McCartney ‏@mccartneyAP21m
Phillips told the jury that Jackson came up with the name “This Is It” for the tour. Said the singer liked its double meaning.

Anthony McCartney ‏@mccartneyAP21m
He said Jackson saw it as his final tour, but also a play on the notion that his shows would be the only place to be at that moment.

Anthony McCartney ‏@mccartneyAP20m
The testimony then switched to the preparations for the London press conference announcing "This Is It" in March 2009.

Anthony McCartney ‏@mccartneyAP20m
By that point, Jackson and Tohme had a falling out. Phillips said the pair weren’t speaking to each other because of a planned auction.

Anthony McCartney ‏@mccartneyAP20m
Phillips said he wasn’t sure the press conference would happen until Jackson stepped onto a private plane and actually got to London.

Anthony McCartney ‏@mccartneyAP20m
Phillips said AEG executive Paul Gongaware always thought Jackson would perform, but Phillips said he didn’t agree.

Anthony McCartney ‏@mccartneyAP20m
Phillips said if Jackson hadn't done the press conference, it wouldn't have really hurt AEG Live. They hadn't spent much yet, he said.

Anthony McCartney ‏@mccartneyAP20m
He said if they canceled the shows, this point would have been when AEG “had the least amount of risk and the greatest amount of collateral”

Anthony McCartney ‏@mccartneyAP20m
Phillips was again asked if he thought Jackson was abusing prescription drugs, or had concerns about his health. He said no.

Anthony McCartney ‏@mccartneyAP20m
The executive then testified about the March 5, 2009 press conference, which he described as “The Miracle of March 5.”

nthony McCartney ‏@mccartneyAP20m
Phillips sent a series of emails that day stating that he screamed at Jackson and that the singer was a “mess.”

Anthony McCartney ‏@mccartneyAP20m
Phillips told the jury he sent those emails while he was pacing up and down the hallway outside Jackson’s hotel room.

Anthony McCartney ‏@mccartneyAP20m
The singer was late to the conference, and Phillips said he knew that in London traffic, they were going to be very late.

Anthony McCartney ‏@mccartneyAP20m
Phillips had arrived in London that morning after attending the opening of the Britney Spears “Circus” tour in Miami.

Anthony McCartney ‏@mccartneyAP19m
The executive said before he yelled at Jackson, Tohme had told him that the singer was drunk and they were sobering him up

Anthony McCartney ‏@mccartneyAP19m
Phillips at this point wasn’t allowed in Jackson’s hotel room. All the info about MJ was coming to him through Tohme.

Anthony McCartney ‏@mccartneyAP19m
“I was starting to freak out,” Phillips said after Tohme had come and gone a couple times and he hadn't seen Jackson.

Anthony McCartney ‏@mccartneyAP19m
Phillips said after a while, he told Jackson’s bodyguard Alberto Alvarez he had to get into Jackson’s room.

Anthony McCartney ‏@mccartneyAP19m
“To me, at the time, it was a crisis,” Phillips said. “Time was ticking away. I was sweating bullets.”

Anthony McCartney ‏@mccartneyAP19m
Across town at the O2 Arena, Phillips said, 3,000 fans and 300 media outlets were waiting for Jackson.

Anthony McCartney ‏@mccartneyAP19m
Inside the hotel room suite, Jackson was concerned no one was going to come see him, Phillips said.

Anthony McCartney ‏@mccartneyAP19m
Phillips said when he got into the room, the singer was sitting on a couch. There was a bottle of clear liquid that may have been vodka

Anthony McCartney ‏@mccartneyAP18m
He said Jackson appeared hung over. He said Jackson told him he was worried that people didn’t care about him anymore.

Anthony McCartney ‏@mccartneyAP18m
Phillips said he explained that 3,000 fans were waiting for him, and then Jackson went and got ready.

Anthony McCartney ‏@mccartneyAP18m
Phillips said he was being a drama queen when he wrote his boss that he screamed at Jackson so loud “the walls are shaking.”

Anthony McCartney ‏@mccartneyAP18m
Phillips told the jury that he created tension in the room, but that he did yell at the singer over a wardrobe issue.

Anthony McCartney ‏@mccartneyAP18m
Jackson wanted to wear an armband and couldn’t get it on. It was eating up a lot of time, and Phillips says he yelled at them to get going.

Anthony McCartney ‏@mccartneyAP18m
The email, Phillips said today, “wasn’t the full reflection” of events leading up to getting Jackson to the press conference.

Anthony McCartney ‏@mccartneyAP18m
He said it wasn’t the scariest thing he’d ever seen, which he also written to his boss.

Anthony McCartney ‏@mccartneyAP17m
On the van on the way to the press conference, Phillips said he tried to lighten the mood. Mark Lester, Jackson’s friend, was also there.

Anthony McCartney ‏@mccartneyAP18m
Phillips said helicopters were following Jackson’s van, which is the only reason that reporters and fans stayed.

Anthony McCartney ‏@mccartneyAP18m
At the arena, Phillips said he jogged behind Jackson’s golf cart and wrote the short remarks the singer said that day.

Anthony McCartney ‏@mccartneyAP18m
Before the lunch break, defense attorney Marvin Putnam played a clip showing the press conference from the special features on “This Is It.”

That's the update for the morning session in Jackson vs AEG Live. About to head back to court. Updated story here: Entertainment News Headlines - Yahoo! News

 

[ivy]

Michael Jackson did comeback to buy kids a home, AEG chief testifies

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Michael Jackson and his mother, Katherine, arrive at Santa Barbara County courthouse in 2005. (Carlo Allegri / Getty Images / June 1, 2005)
By Steve Marble
June 12, 2013, 2:21 p.m.
Michael Jackson’s anticipated “This Is It” comeback tour was largely fueled by his desire to provide his children a home of their own, AEG Live’s chief executive testified Wednesday.

Randy Phillips described an emotional Halloween meeting with the pop star at a Bel Air hotel, with Jackson's three children running in and out of the room. It was the “first time Michael really told me why he wanted to go back to work,” Phillips told the court during questioning from AEG attorney Marvin Putnam.

“He described his life with the kids,” Phillips said. “He said they were living like vagabonds.”

FULL COVERAGE: AEG wrongful death trial

The testimony came in the 27th day of a wrongful death case in which Jackson’s mother and children contend AEG was pushing an ailing Jackson to perform in hopes of reaping a huge return. The suits contends the entertainment titan employed and controlled the doctor who gave the pop singer a fatal dose of the anesthetic propofol as he rehearsed for the looming tour.

On the stand Wednesday, Phillips said it was his understanding Jackson and his children — Prince, Paris and Blanket — were primarily living in Las Vegas at the time, but stayed in the Bel Air hotel when they came to Los Angeles. Phillips thought the family would also stay in homes belonging to Jackson’s friends.

“He actually broke down and I broke down -- we both broke down,” Phillips said.

“He got emotional. He teared up about his family and having a good life with them and a place to live and a residence they could call their own.”

When asked whether he was concerned by the fact that Jackson was crying, Phillips said there was nothing “abnormal” about the reaction given the topic.

“I felt incredibly bad that this incredible star was at the point where he just couldn’t buy a house with all this money he made,” he testified. “It just didn’t make sense.”

Phillips said he went to a Bel Air home the next day that Jackson was interested in buying.

He described the house as “gigantic,” a 40,000-square-foot property with a $93-million price tag. Phillips said he thought the house was too much — he testified he told the singer “you’ll put every dime you make into this house” and “it made no sense whatsoever.”

Jackson eventually settled into a $100,000-a-month Holmby Hills estate the pop singer was paying for from the multimillion-dollar advance he received from AEG.

It was in that home Jackson, his attorneys and AEG signed a contract for his tour in January 2009, Phillips said. At the meeting, Jackson asked a few questions — one in particular, Phillips said, was about the number of performances at the O2 Arena in London.

Jackson had requested 31 shows after hearing Prince had done 20 at the arena, Phillips said.

“Michael and Prince were incredibly competitive, and he wanted to beat Prince’s record by enough that Prince could never beat it again,” Phillips said.

After Phillips and Jackson signed the paper, the two embraced and the group celebrated with champagne, the executive testified.

“Were you excited?” Putnam asked.

“Incredibly,” Phillips said.

“Why?”

“Because he’s one of the biggest stars of the world, if not the biggest star in the world,” Phillips said. “And the idea of helping him come back, you know, and helping him get on the stage again -- one of the greatest parts of my career.”

Phillips disputed various portrayals of Jackson, describing the singer as someone actively engaged in his comeback who knew “who he wanted to work with and how he wanted to do it.”

“We seem to be talking about Michael like he’s the 5-year-old singer in the Jackson Five and he wasn’t,” Phillips said. “He was a sophisticated, very smart, articulate, 50-year-old man who had control of his life.”

“He’s been presented as a drug-addled 5-year-old and that’s not the man I dealt with,” he said. “The man I dealt with was forceful, kind -- but determined. And a force. He was a force.”

 

[ivy]

Anthony McCartney ‏@mccartneyAP 3m
We’re on a break as the attorneys and judge confer at a sidebar. A few updates in Jackson vs AEG Live coming.

Anthony McCartney ‏@mccartneyAP 3m
After the lunch break, defense attorney Marvin Putnam asked AEG Live CEO Randy Phillips about the March press conference.

Anthony McCartney ‏@mccartneyAP 3m
Phillips: “I thought it came out fine.” He said Jackson was elated with the fan turnout and result of the event.

Anthony McCartney ‏@mccartneyAP 2m
He said the next day, Jackson, his kids and Mark Lester went to a stage performance of Oliver Twist. Lester starred in a Twist film version.

Anthony McCartney ‏@mccartneyAP 3m
He said Jackson received a standing ovation at the Oliver Twist show. There was a huge crowd outside too, Phillips said.

Anthony McCartney ‏@mccartneyAP 3m
Phillips said after the problems with the press conference, he didn’t have concerns about Jackson’s psychological well-being.

Anthony McCartney ‏@mccartneyAP 3m
He said overall, he had at least 20 meetings with Jackson and other than the one after Arnold Klein visit, he wasn’t concerned.

Anthony McCartney ‏@mccartneyAP 2m
Phillips then testified about AEG exec Paul Gongaware calling him, urging him to add more “This Is It” shows.

Anthony McCartney ‏@mccartneyAP 3m
He said he called Jackson’s manager, Tohme Tohme, and the number of shows was increased to 50.

Anthony McCartney ‏@mccartneyAP 3m
He said Jackson agreed to the increase on two conditions. 1.) That the singer get a country estate to live at during the concerts.

Anthony McCartney ‏@mccartneyAP 2m
The second condition was that the Guinness Book of World Records be at the last show to memorialize his run at the O2 Arena.

Anthony McCartney ‏@mccartneyAP 2m
Phillips said Michael Jackson never expressed reservations about performing 50 shows at London’s O2 Arena.

Anthony McCartney ‏@mccartneyAP 2m
Defense attorney Marvin Putnam then showed a frame from “This Is It” to show jury an image of Tohme. Tohme was in golf cart with Jackson.

Anthony McCartney ‏@mccartneyAP 2m
So too was Phillips, who testified before lunch he was running behind the cart. Phillips was in the front seat, in front of Jackson.

Anthony McCartney ‏@mccartneyAP 2m
Phillips: “My memory was faulty,” he said of the golf cart incident.

Anthony McCartney ‏@mccartneyAP 2m
Putnam asked Phillips about his meetings at Jackson’s rented mansion on Carrolwood Drive.

Anthony McCartney ‏@mccartneyAP 2m
Phillips said he was never allowed upstairs into Jackson’s bedroom. He only left the first floor once, he said.

Anthony McCartney ‏@mccartneyAP 2m
He said he went to an underground room and watched a screening of a film Jackson was working on.

Anthony McCartney ‏@mccartneyAP 2m
Putnam again asked Phillips whether Jackson showed any signs of being under the influence of prescription drugs. The executive said no.

Anthony McCartney ‏@mccartneyAP 2m
There was more testimony about Phillips' involvement with bringing Conrad Murray on board, but I'll have to get to that later.

Anthony McCartney ‏@mccartneyAP 1m
The attorneys are conferring right now in the judge's chambers over how much of Phillips' interview in 09 with Sky News they can show jury.

 

[ivy]

a little changed AP story

AEG Live CEO describes Michael Jackson as forceful businessman, not ‘drug-addled 5-year-old’
(Joel Ryan, File/ Associated Press ) - FILE - In this March 5, 2009 file photo, Michael Jackson speaks at a news conference in London. AEG Live LLC CEO Randy Phillips told a jury Wednesday June 12, 2013 that they have heard an inaccurate portrait of Jackson during an ongoing civil trial, and said the entertainer was a sophisticated businessman and not a “drug-addled 5-year-old.” The company and Phillips are being sued by Jackson’s mother, claiming they did not properly investigate the doctor convicted of causing her son’s death in 2009.


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By Associated Press, Updated: Wednesday, June 12, 3:43 PM

LOS ANGELES — The head of AEG Live LLC told jurors Wednesday that he knew Michael Jackson as a sophisticated, forceful businessman and not the drugged-up performer who’s been described throughout an ongoing civil trial filed over the singer’s untimely death.

Jackson was a far more complex figure than has been portrayed during the trial of a case filed by the singer’s mother against AEG Live over her son’s death, said Randy Philips, the company’s president and CEO.

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Phillips said based on meetings he had with Jackson in 2008 and early 2009, he found Jackson to be a “sophisticated man who had control of his life.”

The portrait of Jackson that’s been presented to the jury during the seven-week trial has been inaccurate, Phillips said. Jackson was described by both sides in opening statements as struggling with prescription drug addiction throughout his life.

Phillips said he disagreed with the descriptions of Jackson “because he’s been presented as drug-addled 5-year-old. That was not the man I dealt with. The man I dealt with was forceful. Kind, but determined. He was a force.”

Jurors have been presented with conflicting accounts of Jackson, even from Philips. They will have to weigh the different portrayals when they decide who is liable for the singer’s June 2009 death.

Katherine Jackson’s lawyers contend AEG failed to properly investigate the doctor convicted of causing her son’s death, pushing her son too hard to perform and missed warning signs of his health. AEG, however, contends Michael Jackson hid his addiction to the powerful anesthetic propofol and that the company could not have foreseen that the singer’s doctor was giving him the drug as a sleep aid.

Millions and possibly billions of dollars are at stake in the negligent hiring trial.

Phillips said he didn’t see signs that Jackson was struggling with prescription drugs when he met with the entertainer to discuss options for his “This Is It” comeback concerts scheduled for London’s O2 Arena in 2009. Phillips has also told jurors that Michael Jackson never told him he was having trouble sleeping.

The executive has described the superstar as difficult to work with, often changing managers and ideas about what he wanted creatively.

In testimony later on Wednesday, he described having to coax Jackson to a London press conference in March 2009 to announce his concerts. The singer was a couple of hours late, appeared hung over and was concerned no one would want to see him perform.

“He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it is show time,” Phillips wrote his boss that day. He testified that he just wanted to get through the event and forget it ever happened.

The six-man, six-woman jury has been shown numerous emails throughout the trial in which high-level tour workers expressed concerns about the singer’s health, his weight, and whether he was ready for the shows. Many of the concerns were voiced by tour director Kenny Ortega, who Phillips at one point told not to attempt to serve as an amateur doctor or psychiatrist.

Phillips acknowledged earlier this week that statements he wrote to Ortega about Michael Jackson’s physician, Conrad Murray, were untrue. Among those statements were Phillips’ assertions that AEG Live had checked out Murray, and that the deeply indebted physician didn’t need the job.

Murray was convicted in 2011 of involuntary manslaughter for giving Michael Jackson a lethal dose of propofol. Murray is not a defendant in the civil case, although AEG Live lawyers said early they intend to call the former cardiologist as a witness.

 

[ivy]

Re: Jacksons vs AEG - Day 28 - June 12 2013 - News Only (no discussion)

'Miracle' of Michael Jackson's concert announcement described
By Alan Duke, CNN
updated 6:55 PM EDT, Wed June 12, 2013
STORY HIGHLIGHTS
AEG Live CEO details drama of getting Michael Jackson to tour announcement
"I was sweating bullets," Randy Phillips tells jurors in L.A. court
"I admit to being a bit of a drama queen," Phillips testifies
Phillips screamed and slapped Jackson in a London hotel, he testifies
Los Angeles (CNN) -- A drunk, despondent and "emotionally paralyzed" Michael Jackson evolved into the confident superstar Michael Jackson as he stepped on stage to announce his comeback concerts, a promoter testified Wednesday.
AEG Live CEO Randy Phillips, testifying for a sixth day in the Michael Jackson wrongful death trial, explained why he sent e-mails to colleagues saying what he went through to pull off the London event in 2009 was "the scariest thing I have ever seen."
Phillips now calls it "The Miracle of March 5th."
It was a day when Phillips slapped Jackson and screamed at him so loud the walls of his hotel room shook, he testified.
Jackson's mother and three children are suing AEG Live, contending the concert promoter is liable for his death because it negligently hired, retained or supervised Dr. Conrad Murray.
AEG Live lawyers contend Jackson, not the company, chose, hired and supervised Murray. They argue AEG Live executives had no way of knowing Murray was using a surgical anesthetic in Jackson's home.
Murray, who told police he used the surgical anesthetic propofol nightly to treat Jackson's insomnia, was convicted of involuntary manslaughter for Jackson's death, which the coroner ruled was caused by a propofol overdose.
"We have a little issue"
Phillips had doubts Jackson would show up for the London announcement because he couldn't reach him a week before the scheduled date. The singer was not returning his manager's calls because he was upset that Tohme Tohme had planned to auction off some of his belongings. Phillips couldn't call Jackson directly -- only through Tohme, he said.
"I was flying blind," Phillips testified. "I didn't know what was happening in Michael's camp."
Phillips was starting to worry about Jackson breaking his contract with AEG Live for his "This Is It" concerts. "If there ever was a time to stop the process," it was then in late February, he testified. "That's when we had the least amount of risk and the greatest amount of collateral."
But Phillips decided to press ahead, even if Jackson failed to get on the private jet for London.
Jackson arrived with his children, Tohme, a bodyguard, and a nanny who also did his hair and makeup on March 4, 2009. Phillips, who had to stop in Miami for the launch of Britney Spear's "Circus" tour, landed in London on March 5, just hours before the press event was set to begin.
Phillips went to the Lanesborough Hotel, where Jackson and Tohme had adjacent suites on the first floor. He sat on Tohme's couch watching CNN while the manager checked on Jackson, he testified.
"I was starting to freak out," after a while, he said. Getting from the hotel to the O2 Arena on the east end of London could take 90 minutes since "traffic is mind-boggling," he said.
After more waiting, "I am completely freaking out," Phillips said. "I was in the hallway pacing back and forth."
"We have a little issue," Tohme eventually told him, he testified. "Michael got drunk."
Tohme returned to Jackson's suite, leaving an anxious Phillips in the hotel hallway, he said.
"I had an earpiece in my ear, Blackberry in my hand, and I was typing e-mails at the same time I was talking and receiving e-mails from a lot of very concerned people at the O2," Phillips testified.
One of those e-mails was to his boss -- parent company AEG CEO Tim Leiweke:
"MJ is locked in his room drunk and despondent. Tohme and I are trying to sober him up and get him to the press conference with his hairdresser/makeup artist."
Leiweke responded: "Are you kidding me?"
"Sweating bullets"
There were 3,000 fans and 350 news organizations waiting at the O2 for Jackson. "Time was ticking away," he testified. "I was sweating bullets."
Phillips eventually talked his way past bodyguard Alberto Alvarez and into Jackson's room, where he saw an empty liquor bottle on the floor by his couch.
Jackson, wearing a robe and pants, "looked hung over," Phillips testified.
"I said 'Michael, are you OK?'" he said. "He said to me that he was really concerned that there wouldn't be anyone there and maybe this would be a bust."
"Trust me, Michael," Phillips said he told him. "You're quite wrong. You have over 3,000 adoring fans, many who have camped out over night."
Phillips helped Jackson pick out the black shirt he wore to the event. But he reached his breaking point when Jackson could not get his armband fastened to his sleeve. After 10 minutes, the hotel engineer was called to help, he said.
"It was more than I could take," Phillips testified.
Phillip's next e-mail to his boss suggested his tone with Jackson was anything but soothing:
"I screamed at him so loud the walls are shaking," Phillips said in another e-mail to Leiweke. "Tohme and I have dressed him and they are finishing his hair. Then we are rushing to the O2. This is the scariest thing I have ever seen. He's an emotionally paralyzed mess, filled with self-loathing and doubt now that it is show time. He is scared to death. Right now I just want to get through this press conference."
Phillips vented his frustration with more than words.
"I just slapped him and screamed at him louder that I did with Arthur Cassell," he wrote to the person waiting outside the hotel with a Ford Expedition SUV and bus to take Jackson's entourage to the O2.
Cassell is someone he once screamed at over a booking issue with Lionel Richie, he said in court.
"I slapped him on the butt," like a football coach would with a player, he testified.
"A drama queen"
Phillips now takes the blame for letting the situation with Jackson get out of control.
"I admit to being a bit of a drama queen," Phillips testified. "I was so nervous, I created so much tension in the room, you could cut the tension with a knife."
When they finally began the ride to the O2, Phillips "went into jester mode to try to lighten up the whole thing," he testified. It became "a very funny ride" with Jackson joking. "He was actually quite funny in the van."
"He kept saying to me 'You look great, you've lost a lot of weight,'" although he was "his heaviest ever," Phillips said, "After the 10th time, I said 'Michael, you would have lost weight if you were pacing in the hotel waiting for you to leave.'"
The thousands of fans at the O2 and millions more around the world watched live video from helicopters following Jackson's convoy making its way to the O2.
"That was a godsend," because it created drama that added to the interest in the announcement, Phillips testified. "In an odd way, it created more anticipation and made it a bigger event as people doubted whether or not it was going to happen."
Once at the O2, Phillips realized Jackson had not written a script. What Jackson read off the teleprompter was written by Phillips as he followed Jackson to the podium.
"This is it. This is really it. This is the final curtain call. OK, I'll see you in July."
"There was Michael Jackson"
As Jackson walked up the steps to the stage, embraced by the shouts of love from thousands of fans, his evolution was complete. Phillips likened the change to the "chart of homo sapiens."
"He start a little hunched over and when he went through that curtain, there was Michael Jackson," Phillips said.
Jackson "was elated" with the reception and immediately flew back to the United States to begin preparations for his comeback concerts set to start four months later, he said.
A week before the singer was scheduled to return to London, he was dead.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 1h
We're done for the day in Jackson vs AEG Live. Will be back in session at 9:30 a.m.

Anthony McCartney ‏@mccartneyAP 1h
He said that when he heard about Murray, he’d been told that Frank Dileo (MJ manager) and Paul Gongaware tried to talk Jackson out (cont)

Anthony McCartney ‏@mccartneyAP 1h
... of bringing Conrad Murray to London. He said they and tour accountant Tim Woolley wanted Phillips to talk him out of it.

Anthony McCartney ‏@mccartneyAP 1h
After discussing Jackson's home, the questioning of Randy Phillips then moved into his interactions with Conrad Murray.

Anthony McCartney ‏@mccartneyAP 1h
He said that when he heard about Murray, he’d been told that Frank Dileo (MJ manager) and Paul Gongaware tried to talk Jackson out ...(cont)

Anthony McCartney ‏@mccartneyAP 1h
(cont) ... of bringing Conrad Murray to London. He said they and tour accountant Timm Woolley wanted Phillips to talk him out of it.

Anthony McCartney ‏@mccartneyAP 1h
Phillips said he called Jackson and it was “probably the most tense one-on-one phone call” he had with the singer.

Anthony McCartney ‏@mccartneyAP 1h
He said he tried to get Jackson to considering hiring a London-based doctor. Phillips said Jackson refused.

Anthony McCartney ‏@mccartneyAP 1h
Phillips: “It’s Michael. When he wants something, he wants something.”

Anthony McCartney ‏@mccartneyAP 1h
The executive said it was his understanding that AEG never paid Murray any money. He said he thought Jackson paid Murray some money.

Anthony McCartney ‏@mccartneyAP 1h
Phillips said he was aware that Murray had sought $5 million to work with Jackson. He said he thought that meant Murray was successful.

Anthony McCartney ‏@mccartneyAP 1h
Phillips also said the high figure didn’t alarm him or make him think that Murray was unethical.

Anthony McCartney ‏@mccartneyAP 1h
Phillips said the $150k a month Murray agreed to receive seemed high, but “not crazy high.” He said it didn’t cause him pause or concern.

Anthony McCartney ‏@mccartneyAP 1h
Defense attorney Marvin Putnam then wanted to show Phillips a clip of the executive’s interview with Sky News. The full clip was 10 mins.

Anthony McCartney ‏@mccartneyAP 1h
This prompted a long sidebar and when the attorneys emerged, a longer clip of Phillips’ interview. It wasn’t 10 mins.

Anthony McCartney ‏@mccartneyAP 1h
It also wasn’t the 10 second clip played by plaintiffs earlier during Phillips’ testimony. In the video, Phillips said Jackson wanted Murray

Anthony McCartney ‏@mccartneyAP 1h
Phillips also said in the July 1, 2009, interview that he tried to talk Jackson out of hiring Murray, but said it was Jackson’s decision.

Anthony McCartney ‏@mccartneyAP 1h
Under questioning by Putnam, Phillips again said AEG Live didn’t hire Murray or give him any money.

Anthony McCartney ‏@mccartneyAP 1h
AEG Live CEO Phillips then recounted the first time he met Conrad Murray, during a meeting at Jackson’s rented mansion.

Anthony McCartney ‏@mccartneyAP 1h
Phillips said the meeting concerned Jackson’s weight and nutrition. I didn't catch the date, but it was well before June 20, ’09 meeting

Anthony McCartney ‏@mccartneyAP 1h
Phillips said he wasn’t concerned at this point about possible drug misuse or alcohol abuse by Jackson.

Anthony McCartney ‏@mccartneyAP 1h
Phillips said he was concerned about Jackson’s weight. Kenny Ortega was concerned about getting MJ to rehearsals at this meeting.

Anthony McCartney ‏@mccartneyAP 1h
He said there was no concern at this point that Jackson couldn’t perform all 50 shows. He said it wasn’t an “intervention”

Anthony McCartney ‏@mccartneyAP 1h
Jackson told participants at the meeting that he had always had difficulty maintaining his weight, and lost 2 to 3 lbs during performances

Anthony McCartney ‏@mccartneyAP 1h
Phillips said he didn’t think that discussions about Jackson’s weight violated any patient-doctor confidentiality.

Anthony McCartney ‏@mccartneyAP 1h
The executive said that he hadn’t heard of propofol before Jackson’s death, and it wasn’t mentioned in the meeting.

Anthony McCartney ‏@mccartneyAP 1h
They discussed Phillips’ business card found in Murray’s card. Phillips said he often writes his cell number on card, it wasn’t unusual.

Anthony McCartney ‏@mccartneyAP 1h
The second time Phillips said he met Conrad Murray was at a rehearsal at the Forum. It was a quick salutation, he said.

The third time Phillips said he met Conrad Murray was on June 20th, after the ‘trouble at the Front’ email.

Anthony McCartney ‏@mccartneyAP 1h
Phillips was asked a series of questions about those emails. He said before receiving them, he wasn’t concerned about Jackson’s health.

Anthony McCartney ‏@mccartneyAP 1h
He only exception was during a production meeting after Jackson visited his dermatologist, Dr. Arnold Klein.

Anthony McCartney ‏@mccartneyAP 1h
He said Jackson wasn’t engaged in the meeting and was staring straight ahead, into the dining room.

Anthony McCartney ‏@mccartneyAP 1h
Before court recessed for the day, Phillips said the 'trouble at the Front' emails were "alarming to him."

 

[ivy]

Re: Jacksons vs AEG - Day 28 - June 12 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1h
Hello from the courthouse in downtown LA. Day 28 of Jackson family vs AEG just concluded. Randy Phillips testified all day.

ABC7 Court News ?@ABC7Courts 1h
Marvin Putnam resumed questioning AEG Live CEO Randy Phillips. Katherine Jackson was not in the courtroom this morning.

ABC7 Court News ?@ABC7Courts 1h
Phillips recalled his first meeting in the summer of 2008 with Dr. Tohme in the bar of the Bel Air Hotel.

ABC7 Court News ?@ABC7Courts 1h
Phillips said his understanding was that Dr. Tohme went over expenses and signed the checks for Michael. Meeting lasted 2 hours.

ABC7 Court News ?@ABC7Courts 1h
Dr. Tohme described Michael's circumstances, his life, career, where he was living, finances. They mostly talked about restarting his career

ABC7 Court News ?@ABC7Courts 1h
Phillips said the the idea came off proposal from Ramone Baines, that the best starting point would be in London.

ABC7 Court News ?@ABC7Courts 1h
Phillips explained a residency tour was easier than full blown tour, living out of hotels. Michael had not toured in so long.

ABC7 Court News ?@ABC7Courts 1h
"We thought it would be a great city for people to come from around the wowrld to see him," Phillips testified.

ABC7 Court News ?@ABC7Courts 1h
Phillips said Dr. Tohme thought it was important to explain why Mr. Jackson wanted to go back to work.

ABC7 Court News ?@ABC7Courts 1h
Michael explained one of the biggest motivations was that he wanted to earn enough money to buy a house for his family.

ABC7 Court News ?@ABC7Courts 1h
Dr. Tohme spoke with an accent, came from another country, Phillips explained.

ABC7 Court News ?@ABC7Courts 1h
Putnam: Did it seem that MJ was ready to go back on tour?
Phillips: Only from what Dr. Tohme told me. The meeting was very positive.

ABC7 Court News ?@ABC7Courts 1h
Phillips then asked for a meeting with the artist. Had a meeting at MJ's suite in Bel Air near street near Bellagio.

ABC7 Court News ?@ABC7Courts 1h
Phillips said he believed that was the 2nd meeting. The 1st meeting was a parlor above his suite.

ABC7 Court News ?@ABC7Courts 1h
"That was more about the dates and how we would put them on sale, who he wanted to work with," Phillips explained.

ABC7 Court News ?@ABC7Courts 1h
"I was told by Dr. Tohme that MJ was living in LV. He stayed at Bel Air when in LA."

ABC7 Court News ?@ABC7Courts 1h
"When we relocated to London, we would make it a larger than life event," Phillips testified.

ABC7 Court News ?@ABC7Courts 1h
"When we built the 02 just Timberlake did 6 night, Beyonce did 8 nights," Phillips explained. "In London, people love to go out."

ABC7 Court News ?@ABC7Courts 1h
Population changes too because there are a lot of visitors from other countries, Phillips said. The Arena was built for entertainment, music

ABC7 Court News ?@ABC7Courts 1h
Phillips said MJ was an ideal candidate, probably an ideal place for the come back. Michael was very receptive, since he liked London.

ABC7 Court News ?@ABC7Courts 1h
"He had friends there, just felt comfortable there," Phillips told the jury. He loved that idea which made everything else that much better.

ABC7 Court News ?@ABC7Courts 1h
In Oct 2008, Phillips said he felt MJ was ready to go. "He was dressed well, his eyes were clear, he is very sophisticated 50 year old man"

ABC7 Court News ?@ABC7Courts 1h
Phillips: I don't believe anything I read in the press, especially the English press. I take a lot of those stories with a grain of salt.

ABC7 Court News ?@ABC7Courts 1h
"He is a very smart, articulate young man who had control of his life," Phillis testified.

ABC7 Court News ?@ABC7Courts 1h
Phillips talked about not noting anything atypical in meetings. He was not concerned about MJ's health, physical condition or drug problem.

ABC7 Court News ?@ABC7Courts 1h
MJ moved from LV to home in December 08 or January 09. He was bone-weary from traveling, Phillips recalled.

ABC7 Court News ?@ABC7Courts 1h
MJ said he was tired of living like Vagabonds, wanted the kids to have a permanent place to live, a sense of community, Phillips testified.

ABC7 Court News ?@ABC7Courts 1h
The exec said the meeting got emotional. "He teared up he said he wanted a residence for his family that they could call their own."

ABC7 Court News ?@ABC7Courts 1h
"That was the primary reason he wanted to go back work," Phillips said.

ABC7 Court News ?@ABC7Courts 1h
Phillips testified MJ wanted to tour one more time since he was young enough to do it and the kids were old enough to appreciate it.

ABC7 Court News ?@ABC7Courts 1h
"I felt incredibly bad that this incredible star was trying to earn enough money to buy a house," Phillips recalled. "I cried also."

ABC7 Court News ?@ABC7Courts 1h
Putnam: Any concern about his mental well being?
Phillips: No, he was just emotional.

ABC7 Court News ?@ABC7Courts 1h
Phillips said he tried to talk MJ out of purchasing a $93 million house in Beverly Hills.

ABC7 Court News ?@ABC7Courts 1h
AEG advanced $3 million to Jackso to settle a lawsuit. "He could not enter contract with us until he settled with Bahrain," Phillips said

ABC7 Court News ?@ABC7Courts 1h
Phillips said Dr. Tohme was the one who secured the Carolwood home, not AEG.

ABC7 Court News ?@ABC7Courts 1h
The tour agreement was signed in the living room of Carolwood house. There was no press because wanted maximum impact at the news conference

ABC7 Court News ?@ABC7Courts 1h
After contract was signed, they popped a champagne to celebrate. Michael read the entire contract, Phillips said, asked questions.

ABC7 Court News ?@ABC7Courts 1h
MJ wanted to make sure of AEG's commitment about the movie in the contract, Phillips recalled.

 

[ivy]

Re: Jacksons vs AEG - Day 28 - June 12 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 40m
Also MJ wanted to know how many shows. "It was 31" Phillips said. "He came up with the number."

ABC7 Court News ?@ABC7Courts 39m
Prince had done 21 shows. "MJ and Prince were incredibly competitive, he wanted to do enough shows that Prince could not catch up with him"

ABC7 Court News ?@ABC7Courts 39m
Putnam: Was Mr. Jackson excited?
Phillips: Yes, he hugged me.

Phillips said he too was excited.

ABC7 Court News ?@ABC7Courts 38m
Phillips: MJ was one of the biggest stars in the world, the idea of him getting on the stage again was one of the biggest parts of my career

ABC7 Court News ?@ABC7Courts 38m
Phillips said MJ held the glass of champagne but I didn't think he drank it. "Meeting ended with a toast and everybody high-fiving."

ABC7 Court News ?@ABC7Courts 36m
Phillips explained it would be better to have press conference since MJ had been gone so long and there were credibility issues w/ consumers

ABC7 Court News ?@ABC7Courts 37m
One of the hardest things is creating demand for tickets, Phillips said, since it is an expensive proposition.

ABC7 Court News ?@ABC7Courts 36m
"When your consumer isn't sure and they have a limited amount of income, they hesitate; and our aim was to eliminate that hesitation."

ABC7 Court News ?@ABC7Courts 35m
But Phillips said in his gut he knew that people wanted to see him perform again.

ABC7 Court News ?@ABC7Courts 35m
Phillips said there was a breakdown with Dr. Tohme about an auction that Dr. Tohme had set up involving memorabilia.

ABC7 Court News ?@ABC7Courts 34m
Phillips: I was concerned because Dr. Tohme lost contact and he was our only way to directly connect to MJ.

ABC7 Court News ?@ABC7Courts 34m
"At this point in time I was flying blind because I didn't know what was happening in Michael's camp" Phillips explained.

ABC7 Court News ?@ABC7Courts 33m
"Paul always thought it was going to happen," Phillips said. "I was never as sanguine as him."

ABC7 Court News ?@ABC7Courts 32m
Phillips said he had one experience with MJ that was helping secure the LA Gear deal, a disaster for LA Gear, but great for Mr. Jackson.

ABC7 Court News ?@ABC7Courts 31m
In late Feb 09, if Jackson decided 'I can't do this' or 'I can't go forward, don't want to' it would not have hurt AEG Live, Phillips said.

ABC7 Court News ?@ABC7Courts 29m
Phillips said at that point they only had put out $5 mil advance.

ABC7 Court News ?@ABC7Courts 28m
Putnam: Did Dr. Tohme get on plane to UK with MJ?
Phillips: Yes

ABC7 Court News ?@ABC7Courts 28m
Putnam: Did press conference happen as scheduled??
Phillips: Chuckles ... it was on the same day.

ABC7 Court News ?@ABC7Courts 28m
Phillips described the drama behind the scenes before the press conference. He said he wasn't sure that they were going to get on plane.

ABC7 Court News ?@ABC7Courts 27m
Phillips was in Miami covering the opening of Britney Spears' a Circus tour. "It was one of the top 5 tours of the year," Phillips responded

ABC7 Court News ?@ABC7Courts 25m
"I am the CEO of the company it would remiss of me not to be there," Phillips explained.

ABC7 Court News ?@ABC7Courts 24m
Phillips arrived in London on March 5. He traveled with David Loeffler, since they were also producing the Lionel Ritchie tour.

ABC7 Court News ?@ABC7Courts 24m
Phillips said he was in the room for about 20 minutes watching TV and Dr. Tohme went to MJ's suite.

ABC7 Court News ?@ABC7Courts 24m
Phillips said he wanted to get to the arena early because of London traffic. "I assume Dr. Tohme would help get MJ ready," Phillips recalled

ABC7 Court News ?@ABC7Courts 22m
Phillips said Dr. Tohme exhibited no concerns about getting MJ ready on time.

ABC7 Court News ?@ABC7Courts 20m
Dr. Tohme was gone for what it seemed like an eternity, Phillips said.

ABC7 Court News ?@ABC7Courts 20m
"Don't worry, he just needs a little more time," Phillips said Tohme told him. "I started to freak out."

ABC7 Court News ?@ABC7Courts 19m
"I am completely freaking out," Phillips said. "I was in the hallway pacing back and forth."

ABC7 Court News ?@ABC7Courts 17m
Tohme told Phillips: "We have a little issue. Michael got drunk, I think he said he was trying to sober him up, but he was going to be late"

ABC7 Court News ?@ABC7Courts 17m
Phillips said he became even more anxious. He was receiving emails and phone calls from people at the O2 arena.

ABC7 Court News ?@ABC7Courts 14m
Phillips to Leiweke
MJ is locked in his room drunk and despondent. Tohme and I are trying to sober him up & get him to the press conference

ABC7 Court News ?@ABC7Courts 8m
"It didn't make me less freaked out; I needed to pass on what was happening to Leiweke" Phillips said. Leiweke responded: are you kiddng me?

ABC7 Court News ?@ABC7Courts 9m
Phillips said he told MJ's bodyguard, Alberto Alvarez, that it was a crisis situation and needed to get into the room.

ABC7 Court News ?@ABC7Courts 8m
"Time was slipping away, I was sweating bullets. For me at the time it felt like a crisis," Phillips remembered.

ABC7 Court News ?@ABC7Courts 8m
Phillips said he received 25 phone calls in 5 minutes. Phillips entered MJ's room.

ABC7 Court News ?@ABC7Courts 7m
"He had a robe on, and his pants. I remember seeing an empty bottle of booze at the couch, maybe vodka or gin," Phillips recalled.

ABC7 Court News ?@ABC7Courts 7m
"To me, he looked hungover," Phillips testified.

ABC7 Court News ?@ABC7Courts 6m
Phillips: I said Michael, are you ok? That's when he said to me that he was really concerned no one was going to be there

ABC7 Court News ?@ABC7Courts 5m
Phillips said he told MJ things were quite differently, there were 3,000 adoring fans waiting for him and all top news organizations.

ABC7 Court News ?@ABC7Courts 5m
Dr. Tohme talked about hiring or renting a crowd, we didn't do that, we just had to leak that MJ was coming and fans got the word.

ABC7 Court News ?@ABC7Courts 5m
MJ got up, Phillips said, and went to the bathroom with Dr. Tohme and makeup artist. The children were watching tv in another room.

ABC7 Court News ?@ABC7Courts 5m
Phillips: MJ had black slacks on and boots, white V-neck shirt. Someone was holding 3 different shirts, one black, one blue and one red.

ABC7 Court News ?@ABC7Courts 4m
"They were asking me what he should wear, I suggested black since the background was red," Phillips recalled.

ABC7 Court News ?@ABC7Courts 3m
Phillips described how MJ wanted to wear a sequin armband but didn't have a way to attach it to his arm. Phillips said he got angry.

ABC7 Court News ?@ABC7Courts 2m
Phillips: I admit to being a drama queen. MJ wouldn't leave unless he had sequined armband on. At that point it was more than I could take

ABC7 Court News ?@ABC7Courts 1m
"I raised my voice and said guys, that's enough!" Phillips recalled.

ABC7 Court News ?@ABC7Courts 1m
In the van ride, news helicopters were following and press could see he was coming, Phillips remembered.

ABC7 Court News ?@ABC7Courts 40s
"He was chagrined, he knew that what he had done wasn't the coolest things," Phillips recalled.

ABC7 Court News ?@ABC7Courts 56s
The mood in the van changed, Phillips said. Michael was quite funny. He told Phillips the exec had lost a lot of weight.

ABC7 Court News ?@ABC7Courts 34s
Phillips responded to MJ that he too would've lost weight if he were pacing in front of the hotel room like he was. Everyone laughed hard.

ABC7 Court News ?@ABC7Courts 55s
Phillips said MJ was to write his own remarks the night before the press conference, but didn't do it. Phillips wrote a few lines for him.

ABC7 Court News ?@ABC7Courts 1m
"He started a little hunched over," Phillips said of MJ in the news conference. "When he went through that curtain, there was MJ."

ABC7 Court News ?@ABC7Courts 1m
Putnam showed a clip of the press conference, where fans we're screaming and MJ was saying "this is it."

ABC7 Court News ?@ABC7Courts 54s
"He was so nervous and really concerned about how people would have reacting to him," Phillips said.

ABC7 Court News ?@ABC7Courts 1m
"He became MJ again, they were telling him they still loved him. It underscored that he was a human being," Phillips opined.

ABC7 Court News ?@ABC7Courts 1m
"I thought it came out fine," Phillips said about the press conference. They announced 10 shows initially.

ABC7 Court News ?@ABC7Courts 1m
"I was ecstatic. He was elated," Phillips said. "Because his worse fears and trepidations, they didn't happen."

ABC7 Court News ?@ABC7Courts 34s
They stayed in London to watch Oliver Twist. Phillips got MJ and his kids the best seats in the house.

ABC7 Court News ?@ABC7Courts 15m
"When we arrived at the theater, it was kind of pandemonium. When MJ walked in he received standing ovation," Phillips recalled.

ABC7 Court News ?@ABC7Courts 14m
Phillips said they had to have police on the way out due to the thousands of people in the streets.

ABC7 Court News ?@ABC7Courts 14m
Phillips was not concerned with MJ's physically. He said he was concerned the day before when MJ drank prior to the presser.

ABC7 Court News ?@ABC7Courts 14m
Phillips: This wouldn't be the first time I'd dealt with an artist who had drank a little too much.

ABC7 Court News ?@ABC7Courts 13m
Per the contract, they had agreed upon 31 shows. The pre-registration kind of gave them first look of how the show would sell, Philips said.

ABC7 Court News ?@ABC7Courts 13m
Paul Gongaware called him, Phillips said, alerting him that the shows were going to be sold out and needed to add more shows.

ABC7 Court News ?@ABC7Courts 13m
"Dude, we're going to sell out ridiculous amount of tickets," Gongaware told Phillips.

ABC7 Court News ?@ABC7Courts 12m
Phillips called Dr. Tohme asking to add more shows, MJ agreed to 50 with two conditions. He wanted house out in countryside.

ABC7 Court News ?@ABC7Courts 12m
House needed at least 16 acres, rolling streams, horseback riders and wanted a guest house for the writers to work on Thriller 3D.

ABC7 Court News ?@ABC7Courts 12m
"He didn't want to be trapped in a hotel in London with the kids," Phillips said.

ABC7 Court News ?@ABC7Courts 12m
After the 50th show, MJ also wanted the world record to document his record, since he knew no one had done 50 shows, Phillips explained.

ABC7 Court News ?@ABC7Courts 11m
Putnam showed a frame of the video showing Phillips and MJ in the golf cart going to the presser.

ABC7 Court News ?@ABC7Courts 11m
Phillips said they had a meeting with Bravado regarding merchandising and were going to open a store at the arena to sell MJ's merch.

ABC7 Court News ?@ABC7Courts 11m
Most meeting happened at MJ's house in Carolwood, some were at Center Staging, Phillips recalled.

ABC7 Court News ?@ABC7Courts 3m
Phillips said he had one meeting at Carolwood he went downstairs to the movie room when Michael showed him the movie Ghost he was working on

ABC7 Court News ?@ABC7Courts 2m
The exec went to the powder room and kitchen, but never went to the upstairs level of the house.

ABC7 Court News ?@ABC7Courts 2m
Phillips said he never saw MJ drink, under the influence, using prescription drugs, inebriated, hungover, slur speech during the TII period

ABC7 Court News ?@ABC7Courts 2m
Did you at anytime have any reason to believe that MJ couldn't perform at the O2 arena?
Phillips: No

ABC7 Court News ?@ABC7Courts 1m
Phillips learned MJ wanted to bring his own doctor on tour. This was right at the beginning of rehearsals at the a Forum.

ABC7 Court News ?@ABC7Courts 1m
Phillips expressed he was concerned not about the doctor, but the cost it would be to bring the physician on tour.

ABC7 Court News ?@ABC7Courts 3m
This was the time where Dr. Tohme was no longer in MJ's life, Frank DiLeo was back in the game, Phillips explained.

ABC7 Court News ?@ABC7Courts 3m
"It was probably kind of the most tense, one on one, phone call," Phillips testified. The exec said he told MJ that London had great doctors

ABC7 Court News ?@ABC7Courts 2m
"Would you consider that we hire a doctor, that you hire a doctor, in London for this tour?" Phillips said.

ABC7 Court News ?@ABC7Courts 2m
Phillips said MJ told him his body is the machine and the engine of the machine drives this entire venture and needs a physician 24/7.

ABC7 Court News ?@ABC7Courts 1m
Phillips: It's Michael, when he wanted something, he wanted something, if he wanted his own doctor, I was in no position to tell him no.

ABC7 Court News ?@ABC7Courts 1m
"Tour was sold, there was no question if tickets were going to go," Phillips said, "I just wanted to keep the most money in his pocket."

ABC7 Court News ?@ABC7Courts 53s
Phillips said AEG Live was advancing money to pay Dr. Murray, but they would recoup it 100%. He said it was MJ's money.

ABC7 Court News ?@ABC7Courts 35s
"I thought I was going to be able to reason with him, but he insisted to have his own physician," Phillips said.

ABC7 Court News ?@ABC7Courts 56s
Phillips said he didn't think it was red flag because it was MJ.

"Because it was MJ's decision, MJ's money. I took my shot," Phillips said.

ABC7 Court News ?@ABC7Courts 1m
After this, Phillips never again discussed Dr. Murray going to London with MJ.

ABC7 Court News ?@ABC7Courts 50s
Phillips never had any discussions about an independent contract agreement for Dr. Murray.

ABC7 Court News ?@ABC7Courts 2m
Phillips said Dr. Murray was going to be paid $150,000 a month plus expenses.

"I thought it was high, but not crazy," Phillips said.

ABC7 Court News ?@ABC7Courts 2m
Phillips said he never hired Dr. Murray and no one ever told him the deal was finalized..

ABC7 Court News ?@ABC7Courts 1m
Putnam showed the video of the Sky News interview. Jackson's attorneys objected, they went to Judge's chamber to talk.

ABC7 Court News ?@ABC7Courts 46s
In the interview, Phillips explained that Dr. Murray was MJ's personal physician and MJ wanted him on tour.

ABC7 Court News ?@ABC7Courts 1m
Putnam: Did you hire Dr. Murray?
Phillips: No

Phillips said AEG never paid MJ.

ABC7 Court News ?@ABC7Courts 1m
Putnam talked about a meeting at Carolwood with MJ, Dr. Murray, Gongaware, DiLeo, Ortega in May.

ABC7 Court News ?@ABC7Courts 1m
"I was concerned about Michael's weight, personally. I believe Kenny wanted him to show up at rehearsals more often," Phillips recalled.

ABC7 Court News ?@ABC7Courts 1m
Putnam: Was this an emergency meeting?
Phillips: No

ABC7 Court News ?@ABC7Courts 1m
Putnam asked if this was an intervention. Phillips said no, he used this term as idea for all to get together, but not related to drugs.

ABC7 Court News ?@ABC7Courts 25s
Dr. Murray was there because he was Michael's physician, Phillips said. The exec talked to Dr Murray about MJ losing weight, his only agenda

ABC7 Court News ?@ABC7Courts 2m
"Michael said that he always had problem keeping his weight," Phillips recalled. "When he performed he lost 2-4 pounds, needed Dr. Murray"

ABC7 Court News ?@ABC7Courts 1m
"He had a high metabolism, he burned calories very quickly," Phillips said.

Dr. Murray told Phillips MJ was working out with Lou Ferrigno.

ABC7 Court News ?@ABC7Courts 1m
The doctor didn't tell Phillips he was going to the house every night and that he was giving him Propofol.

ABC7 Court News ?@ABC7Courts 1m
Phillips said he never had conversation with Dr Murray about drug abuse of treatment of MJ.

"It was a very positive meeting," Phillips said

ABC7 Court News ?@ABC7Courts 45s
Phillips said he carry his business cards at all times and it's not abnormal for him to write his cell phone on the back of it.

ABC7 Court News ?@ABC7Courts 27s
Putnam: Do you think the fact Dr. Murray had your business card you hired him?
Phillips: No

ABC7 Court News ?@ABC7Courts 1m
On June 19, MJ went to rehearsal but was sent home sick. The only concern Phillips said he had was with MJ's weight.

ABC7 Court News ?@ABC7Courts 1m
Phillips: There was a production meeting at Carolwood house, I noticed that Michael was sitting at the couch and starring at the dining room

ABC7 Court News ?@ABC7Courts 59s
"He wasn't engaged," Phillips said. "I asked Michael Amir Williams what was going on, and he said he had seen Dr. Klein."

ABC7 Court News ?@ABC7Courts 1m
Phillips didn't think he was abusing prescription drugs at this point. Dr. Murray was not in this meeting.

ABC7 Court News ?@ABC7Courts 1m
Phillips recalled receiving a chain of emails on June 19, Trouble at the Front.

ABC7 Court News ?@ABC7Courts 48s
The meeting Tim Leiweke requested didn't take place because if it was superseded by the June 20th meeting, Phillips explained.

ABC7 Court News ?@ABC7Courts 8s
Phillips talked about the chemical imbalance that happened with Britney Spears and that she was treated for that during one of her tours.

ABC7 Court News ?@ABC7Courts 56s
Phillips said he's not 100% sure what he meant when he wrote the problems with MJ could be chemical or physiological.

ABC7 Court News ?@ABC7Courts 15s
Court adjourned until tomorrow morning at 9:30 am PT. There will be only morning session tomorrow, since two jurors have personal business.

ABC7 Court News @ABC7Courts
AEG Lice CEO Randy Phillips resumes on the stand. He may not be done until Monday, the lawyers said.

 

[ivy]

Jacksons vs AEG - Day 29 - June 13 2013 - News Only (no discussion)

Jacksons vs AEG - Day 29 - June 13 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 29 of Katherine Jackson vs. AEG trial.

Daily news threads are merged into the main News thread in the stickies

Please help the staff by posting all the news stories as well as tweets from media you see.

Please Don't post updates or tweets from Fans in news thread

 

[ivy]

Re: Jacksons vs AEG - Day 29 - June 13 2013 - News Only (no discussion)

2 videos at the link

http://www.cnn.com/video/data/2.0/v...sot-mj-trial-aeg-leiweke.la-county-court.html

http://www.cnn.com/video/data/2.0/video/bestoftv/2013/06/13/sot-mj-trial-aeg-beckerman.cnn.html

Days before death, executive asked: Does Michael Jackson need a straitjacket?
By Alan Duke, CNN
updated 1:13 PM EDT, Thu June 13, 2013

What did AEG know about Michael Jackson's health?
STORY HIGHLIGHTS
"He is having a mental breakdown," AEG Live CEO Tim Leiweke wrote
CFO: "Is it 'pre-show nerves' bad or 'get a straight jacket/call our insurance carrier' bad?"
At his deposition, Leiweke said he didn't know if "breakdown" referred to Jackson
Jackson's mother and children are suing the concert promoter for liability in his death
Los Angeles (CNN) -- A top executive at AEG Live's parent company asked days before Michael Jackson's death if the singer was having big problems -- enough to warrant a straitjacket, according to testimony from Jackson's wrongful death trial.
CNN obtained the video testimony played for jurors this week at the trial, which is in its seventh week in Los Angeles.
"Trouble with MJ. Big trouble," AEG CEO Tim Leiweke wrote to AEG Chief Financial Officer Dan Beckerman on the night of June 20, 2009. "He is having a mental breakdown."
Beckerman, who became AEG's CEO after Leiweke left this year, replied: "I figured something might be wrong given how jittery Randy has been this week. Is it 'pre-show nerves' bad or 'get a straight jacket/call our insurance carrier' bad?"
AEG CEO e-mail: Big trouble with MJ Paris Jackson's 'cry for help' Searching for the smoking gun
The reply was referring to AEG Live CEO Randy Phillips.
On June 25, Jackson died from what a coroner ruled was an overdose of the surgical anesthetic propofol administered by Dr. Conrad Murray. Two weeks after that, Jackson's "This Is It" comeback tour, produced and promoted by AEG Live, had been set to launch in London.
Jackson's mother and three children are suing AEG Live, the concert promotion branch of AEG, arguing the company is liable for his death because it negligently hired, retained or supervised Murray. They say executives pressured Jackson to attend rehearsals despite his deteriorating health and ignored red flags that should have warned them about the dangers posed by Murray.
AEG Live lawyers say that it was Jackson who chose and controlled Murray and that company executives had no way of knowing he was giving Jackson nightly infusions of propofol to treat his insomnia.
The Leiweke-Beckerman e-mail exchange followed an "intervention" that Phillips held at Jackson's home to find out what was wrong with the singer, according to testimony.
Leiweke forwarded to Beckerman an e-mail chain between Phillips, show director Kenny Ortega and others involved in the production.
Production manager John "Bugzee" Houghdahl started the exchange about Jackson, which he titled "trouble at the Front."
"I have 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 ass if he tried now," Houghdahl wrote about Jackson.
AEG's lawyer showed jurors a clip Thursday of Jackson performing several 360-degree spins while rehearsing his song "Billie Jean." It was not clear what day it was recorded.
Ortega had sent Jackson home from a rehearsal the night of June 19, 2009 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," Houghdahl wrote. "The company is rehearsing right now, but the DOUBT is pervasive."
Jackson lawyer Kevin Boyle asked Leiweke during his deposition why he wrote to Beckerman that there was "big trouble" with Michael Jackson.
"We were aware that he had missed several rehearsals," Leiweke said.
He said he couldn't remember if he was referring to Jackson or Phillips when he wrote to Beckerman that "He is having a mental breakdown."
In a video of his deposition played for jurors, Beckerman said: "I was just trying to understand: Is it stage fright and the show will go on, or is it, 'I can't go through this; I'm not going to step on stage'?"
Jackson stepped on stage just two more times in his life after that day. His rehearsals at the Staples Center on June 23 and 24 were filmed and became the basis for the "This Is It" documentary of his last months.

http://www.cnn.com/2013/06/13/showbiz/jackson-death-trial/index.html?sr=sharebar_twitter

 

[ivy]

Michael Jackson looked ‘hung over’ but wasn't 'drug-addled' before announcing comeback tour, says AEG CEO
AEG Live honcho Randy Phillips is testifying as part of the wrongful death trial pitting the deceased superstar's mom and kids against the concert giant. Mom Katherine Jackson claims the company negligently hired the doctor who overdosed her son.

Comments (3)
BY NANCY DILLON / NEW YORK DAILY NEWS

PUBLISHED: THURSDAY, JUNE 13, 2013, 8:39 AM
UPDATED: THURSDAY, JUNE 13, 2013, 8:39 AM
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MARTIN FRASER/FILMMAGIC

Michael Jackson died in 2009 before he set off on his comeback tour.
Michael Jackson looked more “hung over” than drunk before the 2009 London announcement of his comeback tour and wasn't some "drug-addled 5-year-old," the top exec for AEG Live testified Wednesday.

Randy Phillips said he was being a "drama queen" when he sent secret emails to colleagues claiming he had to "scream" at the King of Pop and personally dress him in his black satin neo-military garb for the much-anticipated March 2009 press conference.

"MJ is locked in his room drunk and despondent," Phillips wrote in one email. "He is an emotionally paralyzed mess riddled with self-loathing and doubt."


LAPD

A slew of medications, mostly Propofol, was found on a bedside table.

RELATED: MICHAEL JACKSON’S BROTHERS PREP FOR GIG WITH AEG LIVE AS WRONGFUL DEATH SUIT CONTINUES

Under questioning by his lawyer, the CEO of AEG Live said he wrote the email before seeing Jackson with his own two eyes, basing it on information from Jackson's manager that he "got a little drunk" and was acting depressed.

"I knew I was going to go into his room and I wouldn't be able to write emails (once inside)," he said. "I figured I owed my immediate report an idea of what was happening."


LAPD

A massive butcher knife sits on Michael Jackson's nightstand, along with aspirin and a few medications.

He said when he finally entered Jackson's suite at the Lanesborough Hotel, he found the superstar sitting in a robe on a couch with a clear bottle of what looked like vodka or gin on the floor.

RELATED: INSIDE MICHAEL JACKSON'S BEDROOM: THE KING OF POP WAS SURROUNDED BY PRESCRIPTION PILL BOTTLES, MEDICAL SUPPLIES

"To me he looked hung over," Phillips said. “I talked to him. I said, ‘Michael, you okay?’ Randy Phillips said. “That’s when he said to me he was really concerned there was not going to be anyone there and. . . people didn’t care anymore.” Phillips said he assured the singer thousands of fans already had assembled. He said he helped the pop icon pick from three shirts to put on over his white v-neck undershirt.


JOEL RYAN/AP

The King of Pop died on June 25, 2009, at age 50 — with lethal levels of drugs in his system.

In the van riding over to the event, Jackson told Phillips he looked thinner and laughed when Phillips attributed his physique to the frantic pacing he'd done outside Jackson's room, Phillips told jurors.

As he walked up to the podium, Jackson grew taller and taller, like the "chart of homo sapien" evolution, Phillips recalled.

RELATED: LISTEN: PARIS JACKSON 911 CALL RELEASED


LAPD

An array of oxygen tanks was kept close to Michael Jackson's bedside.

"He started a little hunched over, got up, got up, and when he went through that curtain, that was Michael Jackson," Phillips recalled.

The testimony came during the seventh week of a wrongful death trial pitting Jackson's mom and kids against the concert giant.

Katherine Jackson claims the company negligently hired the doctor who overdosed her son. Her lawyer said during his opening statement that Michael's "despondent" behavior before the London press conference should have been a red flag.

AEG has denied any wrongdoing, saying it was Michael who hired Dr. Conrad Murray and secretly sought out a powerful anesthetic to treat his chronic insomnia.

"We seem to be talking about Michael like he's the 5-year-old singer of the Jackson 5," Phillips said on the stand Wednesday, referring to prior testimony from other witnesses. "He was a sophisticated, articulate 50-year-old man who had control of his life….he's being presented as a drug-addled 5 year old, and that's not the man I dealt with. The man I dealt with was forceful, kind, but determined."



Read more: http://www.nydailynews.com/entertainment/gossip/*****-hung-article-1.1371298#ixzz2W7pwVOzv

 

[ivy]

AEG CEO cites conflicting info on Jackson health
POSTED: 06/13/2013 02:52:31 PM MDT
UPDATED: 06/13/2013 03:04:06 PM MDTBy ANTHONY McCARTNEY AP Entertainment Writer
LOS ANGELES—The head of the company promoting Michael Jackson's ill-fated comeback concerts testified Thursday that he received conflicting and confusing information about the singer's health days before his death.
AEG Live CEO Randy Phillips said he was concerned about information from tour high-level tour works that Jackson was unable to rehearse six days before his death, but he was reassured by the pop superstar's doctor that everything was fine.

Phillips said the "Thriller" singer appeared fine at a meeting held hours after he received a series of emails from tour personnel that Jackson's health was deteriorating and he appeared physically incapable of preparing for his comeback shows, dubbed "This Is It."

The reports of Jackson shivering and being unable to eat came from the tour's director, Kenny Ortega, and production John "Bugzee" Hougdahl. Hougdahl said Jackson's ability to perform had diminished over the previous two months in an email sent June 19, 2009.

Phillips is testifying in a negligent hiring suit filed by Jackson's mother against AEG Live LLC, claiming the company failed to properly investigate the doctor convicted of causing her son's death. Her lawyers contend Phillips and other AEG executives ignored or missed warning signs about the singer's health and pushed him to rehearse.

Phillips said he expected Jackson to rehearse, but it was not something he was contractually obligated to do. He has denied that AEG hired Conrad Murray, the former cardiologist convicted of involuntary manslaughter after administering a lethal dose of the anesthetic propofol.

Murray seemed competent, Phillips said, although he acknowledged they did not discuss in detail treatments the physician was giving Jackson.

"As far as I was concerned, the only person in charge of Michael Jackson's health was Michael Jackson," Phillips said.

AEG denies it hired Murray as lawyers for Katherine Jackson contend. Defense attorney Marvin Putnam told the jury in opening statements that the case hinged on personal choices and that Michael Jackson hid that he was receiving propofol as a sleep aid.

Phillips said Thursday that his company doesn't have a policy for dealing with artists who are the subject of articles that state or suggest they have a substance abuse problem.

"We're not judgmental like that," Phillips said. He later added, "You can't give up on people—that's not our job. "

Philips said throughout preparations for "This Is It," he was not concerned about any prescription drug use. He said the singer appeared sharp and engaged at meetings with the exception of one after Jackson visited his longtime dermatologist.

On Monday, jurors were shown an email that Phillips sent expressing concern about the dermatologist's treatment of Jackson.

"He scares us to death because he is shooting him up with something," Phillips wrote Jackson's business manager two days before the singer's death.

Phillips became emotional Thursday when he described Jackson's death, with tears appearing to well up in his eyes before his attorney quickly moved on to other topics.

The executive has been testifying for portions of seven days and will undergo additional questioning by Katherine Jackson's attorney Friday when the trial concludes its seventh week.

 

[ivy]

Re: Jacksons vs AEG - Day 29 - June 13 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts1h
Hello from the courthouse in downtown LA. Day 27 of Jackson family vs AEG has concluded. There was only morning session today.

ABC7 Court News ?@ABC7Courts1h
AEG Live CEO Randy Phillips back on the stand. AEG attorney Marvin Putnam resumed questioning him.

ABC7 Court News ?@ABC7Courts1h
Jurors viewed a lengthy clip of Michael Jackson as he rehearsed "Billie Jean." some jurors could not help but smile. Phillips wiped his eyes

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Jackson performed his iconic gyrations. Phillips testified that video, shot weeks before Jackson died, showed no signs of health problems.

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Putnam showed "Trouble of the Front" email chain that Randy Phillips forwarded to MJ's team at the time saying we have a real problem here.

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Phillips: I thought it was essential they got this information, I wanted to be completely transparent with his management team.

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"I wanted everybody to be in the loop of the information I was getting," Phillips said.

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"I didn't know what the problem was," Phillips said, adding MJ never told him he wasn't ready or didn't want to perform.

ABC7 Court News ?@ABC7Courts1h
Phillips said that he never said nor had any discussions about pulling the plug on the tour.

ABC7 Court News ?@ABC7Courts1h
"Michael's only obligation was to show up and perform a class act show at opening night," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Phillips said he never mentioned a substance abuse could be the problem. John Branca, MJ's lawyer, inquired if it could be the issue.

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Phillips said he does not remember ever seeing a contract where the artist is required to rehearse.

ABC7 Court News ?@ABC7Courts1h
"The only requirement an artist had is to deliver a class act show," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Enrique Iglesias never showed up to rehearsals in the last tour Phillips did, the exec said.

ABC7 Court News ?@ABC7Courts1h
"I thought it was odd, but Enrique Iglesias showed up in Boston, did an amazing show, got great reviews."

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Phillips said he expected MJ to rehearse because he hadn't been on stage over 12 years.

ABC7 Court News ?@ABC7Courts1h
"As everything with MJ, this production was the biggest, the best, the greatest the world has ever seen," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Phillips testified MJ told Kenny Ortega he did not need to rehearse because he had been dancing his songs all his life.

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Putnam: Did you ever tell MJ or his management team he was in breach of his contract? Phillips: No

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Putnam: Did you discuss MJ's medical treatment with Dr. Murray? Phillips: No

ABC7 Court News ?@ABC7Courts1h
Phillips said he never discussed substance abuse or use of Propofol with Dr. Murray.

ABC7 Court News ?@ABC7Courts1h
Phillips explained in the 25-minute conversation with Dr. Murray he recounted information he received from Kenny Ortega and John Hougdahl.

ABC7 Court News ?@ABC7Courts1h
"It was actually very confusing," Phillips said. "had emails from Kenny and Hougdahl and then Dr. Murray assuring me MJ was fine."

ABC7 Court News ?@ABC7Courts1h
Phillips said Dr. Murray told him MJ was fine, he wasn't sure what was wrong with him in the rehearsal the night before, maybe the flu.

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Putnam: Did you know what was going on? Phillips: Not a clue, I was very confused

ABC7 Court News ?@ABC7Courts1h
After that, Phillips said he sent an email to Ortega detailing his conversation with Dr. Murray.

ABC7 Court News ?@ABC7Courts1h
"He (Dr. Murray) was just so calm on the phone, and sure of what he was saying, he was very believable," Phillips said.

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That's why Phillips wrote in the email he was respecting Dr. Murray more and more.

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Phillips: I think it's important to give him love, support, not second guess, give diagnosis of what we think the problem is

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Putnam: At the time you wrote 'the doctor is extremely successful', did you believe this to be true? Phillips: Yes

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Phillips: I was told he had asked $5 million to buy out clinics in 3 different states. To me, hearing that, meant he was a successful doctor

ABC7 Court News ?@ABC7Courts1h
"We check everyone out" reference in Phillips' email: Putnam: Did you mean u performed financial background check on Dr Murray? Phillips: No

ABC7 Court News ?@ABC7Courts1h
"That referred what in my mind is the process we go through when we do business with third party vendors," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Phillips said at that point he had sufficient information to believe what he wrote was true.

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Phillips said he wouldn't even think of checking a doctor's finance to determine whether he's fit to practice medicine.

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Phillips: Never occurred to me if a doctor was a good business man or not, a doctor could not perform his functions because he's in debt

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Phillips said by knowing Dr. Murray was in debt, he could've said to MJ to pay less for the services since the doctor needed the job.

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Putnam: Were you in any position to tell MJ what he needed to prepare for the shows? Phillips: No

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Phillips said that if they stopped the show at that point, he is not sure MJ could ever resume his career.

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Phillips explained he wanted Ortega to be open minded about what was going on with MJ and the exec didn't want him to quit.

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"I think he's one of the most creative, artist-oriented director and I understand why MJ loved him show much," Phillips said about Ortega.

ABC7 Court News ?@ABC7Courts1h
"I was concerned, confused, I had Dr Murray's information and prospective and I had Kenny's information and prospective" Phillips explained.

ABC7 Court News ?@ABC7Courts1h
"I was completely baffled as to what was going on," Phillips said.

ABC7 Court News ?@ABC7Courts1h
"The only person in charge of Michael Jackson's health is Michael Jackson. He was a 50 year old man, father of three," Phillips opined.

ABC7 Court News ?@ABC7Courts1h
Putnam: Was there any reason to believe MJ wasn't capable of making his own medical decisions? Phillips: None whatsoever

ABC7 Court News ?@ABC7Courts1h
Meeting on June 20th was between Kenny Ortega, Dr. Murray, MJ and Phillips.

ABC7 Court News ?@ABC7Courts1h
Putnam: Was Dr. Murray attending because AEG wanted him there? Phillips: Frank DiLeo wanted him there

ABC7 Court News ?@ABC7Courts1h
"He was MJ's personal physician," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Ortega opened the meeting and didn't get very far, Phillips recalled. Dr Murray interrupted him and told him to stop being an amateur doctor

ABC7 Court News ?@ABC7Courts1h
Dr. Murray told Ortega he should leave MJ's health in his hands, Phillips recalled.

ABC7 Court News ?@ABC7Courts1h
Ortega was a bit surprise that Dr. Murray admonished him. "Basic stay in your lane, this is my lane, I have it," Phillips said.

ABC7 Court News ?@ABC7Courts1h
"Michael looked great, he was fine in this meeting," Phillips testified.
ABC7 Court News ?@ABC7Courts1h
"I've been doing this choreography most of my career, have muscle memory, don't need to rehearse all the time" Phillips said MJ told Ortega.

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"You build the house and when you're done, I'll come and put the door on and paint it," Phillips described MJ said.

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MJ agreed to start coming to rehearsals, he understood Kenny needed him since it was such a complex production, Phillips told the jury.

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"MJ needed to learn his cues, this was a massive effects show," Phillips said.

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"It was incredible, they loved each other. MJ told us he wouldn't do This Is It this is it without Ortega directing it," Phillips recalled.

ABC7 Court News ?@ABC7Courts1h
Phillips: Michael looked great, the doctor was reassuring, Kenny interacted with MJ, Kenny was was on board and Michael seemed to be fine.

ABC7 Court News ?@ABC7Courts1h
"All I thought at this point was that he (Dr. Murray) and a Michael had a fabulous relationship," Phillips said.

ABC7 Court News ?@ABC7Courts1h
Phillips said he thought the emails Ortega sent were a little judgmental, since they had not had the meeting to find out what was going on.

ABC7 Court News ?@ABC7Courts1h
Phillips explained he also had great relationship with MJ and Ortega thought if the exec was around they could resolve any issues that arose

ABC7 Court News ?@ABC7Courts1h
"Michael and Kenny agreed to resume rehearsals on June 23," Phillips said. Phillips said he watched the rehearsals on 23 and 24.

ABC7 Court News ?@ABC7Courts1h
"How do you describe the best entertainer in the world? I had goose bumps, it was fantastic!" Phillips described the rehearsals.

ABC7 Court News ?@ABC7Courts1h
Phillips said the three execs looked like three babies, with goose bumps. "It was phenomenal!"

ABC7 Court News ?@ABC7Courts1h
"I thought he did an incredible job," Phillips described, saying there was no reason to be concerned anymore with the trouble at the front.

ABC7 Court News ?@ABC7Courts1h
Phillips spoke with MJ on 24th, asked how he was. Putnam: Did he lose his ability to do 360s? Phillips: Considered he did multiple 360s, no

ABC7 Court News ?@ABC7Courts1h
He, Kenny and Travis had a communal hug, went back to dressing room to get ready to leave, Phillips said.

ABC7 Court News ?@ABC7Courts1h
"Frank DiLeo and I were standing outside the dressing room waiting for MJ," Phillips recalled.

ABC7 Court News ?@ABC7Courts1h
"You've gotten me this far, I can take it from here. I got this," MJ told Phillips. "It felt like a million dollars," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
"I was totally shocked," Phillips said about MJ's passing hours later. Phillips last spoke with MJ around midnight.

ABC7 Court News ?@ABC7Courts1h
"Ortega was elated with rehearsal, it was his work and MJ's work coming alive on stage" Phillips testified. "He knew we were over the hump."

ABC7 Court News ?@ABC7Courts1h
Phillips said he didn't see MJ in the hospital, only saw the gurney he was on behind the curtains in the emergency room.

ABC7 Court News ?@ABC7Courts1h
"After MJ passed away, I think Dr. Tohme was standing next to me," Phillips recalled.

ABC7 Court News ?@ABC7Courts1h
Putnam: Did you talk to Dr. Murray? Phillips: Yes, he was hysterical, he was crying, I tried to calm him down, but there was no conversation

ABC7 Court News ?@ABC7Courts1h
"I was in the hallway with Frank DiLeo and the head nurse came out," Phillips described.

ABC7 Court News ?@ABC7Courts1h
"Nurse said ' I'm sorry to tell you Mr. Jackson's passed away,'" an emotional Phillips recalled.

ABC7 Court News ?@ABC7Courts1h
"Frank collapsed," Phillips said, holding back tears. "I had to grab him. We were devastated."

ABC7 Court News ?@ABC7Courts1h
"Being an artist means you have to reinvent yourself all the time," Phillips explained. "You can't give up on people, that's not our job."

ABC7 Court News ?@ABC7Courts1h
Phillips said when they make a deal with an artist, they are not part of their inner circle, they don't control what they do after rehearsal

ABC7 Court News ?@ABC7Courts1h
Phillips said he knew Dr. Arnold Klein was a famous dermatologist, he had gone to him many years ago.

ABC7 Court News ?@ABC7Courts1h
Phillips: I had a concern the way Michael seemed that day (when he came back from Dr. Klein), but never saw him like that again.

ABC7 Court News ?@ABC7Courts1h
"He had cosmetic work and had vitiligo," Phillips said. It seemed normal for MJ to go to a dermatologist prior to touring.

ABC7 Court News ?@ABC7Courts1h
"I didn't know what Propofol was at the time," Phillips explained.

ABC7 Court News ?@ABC7Courts1h
Phillips said he asked Dr. Murray whether he knew MJ was seeing Dr. Klein for some type of treatment. Dr. Murray responded he was aware.

ABC7 Court News ?@ABC7Courts1h
As to email Phillips wrote that Dr Klein was shooting MJ up, Phillips said MJ's manager asked for a million dollar advance to pay MJ's bills

ABC7 Court News ?@ABC7Courts1h
One of the bills, Phillips said, was from Dr. Klein for $48,000 for restyling, Botox and dozens of things that said IM, IM, IM.

ABC7 Court News ?@ABC7Courts1h
Phillip said he didn't know what IM meant, but MJ's manager said it was intramuscular, meaning injections.

ABC7 Court News ?@ABC7Courts1h
All Phillips knew about Propofol was when he was administered it during a colonoscopy. He learned from media MJ died of Propofol overdose.

ABC7 Court News ?@ABC7Courts1h
Putnam: AEG Live make a fortune after MJ's death? Phillips: No No more questions from AEG attorney.

ABC7 Court News ?@ABC7Courts57m
Panish asked Phillips if the exec used derogatory terms to refer to Mrs. Jackson, like the B word. He said no.

ABC7 Court News ?@ABC7Courts57m
Panish referred back to the meeting at the Polo Lounge between Randy Phillips and Dr. Tohme.

ABC7 Court News ?@ABC7Courts57m
Phillips and Panish argued about the fact that Phillips said Panish was following him around with photographers.

ABC7 Court News ?@ABC7Courts57m
Phillips said it was Panish who told him that, and Panish replied he never said it.

ABC7 Court News ?@ABC7Courts57m
Panish: Did you point to me and accused me of following you at the Polo Lounge? Phillips: Yes, I speculated, yes, yes

ABC7 Court News ?@ABC7Courts56m
Panish: You will say anything, won't you? Phillips: That's outrageous!

ABC7 Court News ?@ABC7Courts56m
Panish asked if Phillips thought he was still following him. He responded he didn't know, he's not sure what Panish is capable of.

ABC7 Court News ?@ABC7Courts56m
Judge adjourned the session for the day. Trial resumes tomorrow at 9:00 am PT with Phillips back on the stand for more re-cross.

ABC7 Court News ?@ABC7Courts53m
AEG attorney responded to our inquire about Jackson's brothers working with AEG. It's a long statement with their explanation.

ABC7 Court News ?@ABC7Courts52m
Statement: For at least the third time since Michael Jackson's death and the filing of Katherine Jackson's lawsuit against AEG Live,

ABC7 Court News ?@ABC7Courts52m
Statement cont'd: Michael Jackson's brothers, the Jacksons, have chosen to work yet again with AEG Live

ABC7 Court News ?@ABC7Courts52m
Statement cont'd: (one scheduled event, last year, unfortunately had to be cancelled due to low ticket sales). Most recently, they agreed to

ABC7 Court News ?@ABC7Courts51m
Statement cont'd: perform as part of the BET Experience scheduled to take place at LA Live later this month.

ABC7 Court News ?@ABC7Courts51m
Statement cont'd: In fact, just this past week the Jacksons specifically requested AEG Live provide them w/ VIP suite during BET Experience

ABC7 Court News ?@ABC7Courts49m
Statement cont'd: AEG Live has worked to put on concerts with Janet Jackson 4 times since MJ's death and filing of her mother's lawsuit.

ABC7 Court News ?@ABC7Courts45m
Jackson's attorney said the artists have no choice, they are just using AEG's venue and are working with BET.

 

[ivy]

AEG CEO Testifies Michael Jackson Was At The Top Of His Game In Days Before Death
June 13, 2013 6:20 PM

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AEG, AEG Live, Death of Michael Jackson, Jackson, Katherine Jackson, Los Angeles, Michael Jackson, Phillips

LOS ANGELES (CBSLA.com) — The CEO of AEG Live testified on Thursday that Michael Jackson looked at top of his game in the days before his death while acknowledging he received e-mails from his employees suggesting otherwise.

Randy Phillips was called to the stand in a downtown Los Angeles courtroom for a seventh day today for questioning by his attorney, Marvin Putnam.

Phillips is disputing allegations made by Michael Jackson’s mother, Katherine Jackson, who claims AEG executives negligently hired and supervised the doctor who provided Michael Jackson with the fatal dose of the anesthetic propofol that killed him in June 2009 while he was preparing for his This Is It comeback concert series, promoted by the firm.

CBS2′s Randy Paige reports Phillips received an e-mail on June 19, 2009 – six days before Jackson died – from the show’s production manager.

“I have watched him deteriorate in front of my eyes over the last 8 weeks,” John “Bugzee” Hougdahl wrote. “He was able to do multiple 360 spins back in April. He’d fall on his (&#8230 if he tried it now.”

“Did you watch him deteriorate over the last eight weeks?” Putnam asked.

“No,” Phillips answered.

Jurors were then shown a clip from AEG’s This Is It documentary, featuring rehearsal footage of Jackson Phillips said was recorded in early June. The jury watched as Jackson performed several 360 spins which were edited together.


Phillips was later asked how he would describe how Jackson looked at his last two rehearsals a few days later.

“How do you describe one of the greatest entertainers who lived?” Phillips asked. “I had goose bumps watching him.”

The CEO then recalled how after Jackson’s final rehearsal, the night he died, Jackson pulled him aside.

“He came over and put his arm around me and said, ‘You have gotten me this far, I can take it from here. I got this,’” Phillips said.

“I felt like a million dollars,” Phillips added.

Putnam asked Phillips if he had any reason to believe Jackson would pass away hours later.

“Of course not,” he testified. “I was shocked.”

The Jackson family attorney says Phillips’ testimony is inconsistent with his previous statements.

Attorneys for Katherine Jackson will have the opportunity to question him tomorrow in what will be Phillips’ eighth day on the witness stand.

Michael Jackson’s former physician, Conrad Murray, is currently serving a four-year sentence in a L.A. County jail for involuntary manslaughter in connection to the pop star’s death.

 

[ivy]

Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 30 of Katherine Jackson vs. AEG trial.

Daily news threads are merged into the main News thread in the stickies

Please help the staff by posting all the news stories as well as tweets from media you see.

Please Don't post updates or tweets from Fans in news thread

 

[ivy]

Anthony McCartney ‏@mccartneyAP 32m
Phillips said he clarified his answers as necessary. “We’re parsing words,” Phillips said. “It’s all we’ve been doing.”
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Anthony McCartney ‏@mccartneyAP 32m
Panish said Phillips had said he didn’t recall ore remember details dozens of time during his deposition.
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Anthony McCartney ‏@mccartneyAP 32m
Panish pressed Phillips about why his testimony changed so much. Questioned why he didn’t just say that he didn’t recall or remember.
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Anthony McCartney ‏@mccartneyAP 33m
The call was actually much longer, around 25 minutes, Phillips has since said.
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Anthony McCartney ‏@mccartneyAP 33m
At his deposition, Phillips initially said the call only lasted 2 to 3 minutes. He changed it later in depo, after meeting with his lawyer.
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Anthony McCartney ‏@mccartneyAP 33m
Panish was trying to show Phillips’ testimony changed about the call, that different answers were given at deposition, trial.
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Anthony McCartney ‏@mccartneyAP 33m
Questioning then moved into Phillips’ testimony about his phone conversation with Conrad Murray on June 20, 2009.
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Anthony McCartney ‏@mccartneyAP 33m
Panish noted that Phillips didn’t mention in the interview that Jackson was responsible for Conrad Murray’s salary.
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Anthony McCartney ‏@mccartneyAP 34m
The lawyer played some of Phillips’ interview with Sky News a few days after Jackson’s death.
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Anthony McCartney ‏@mccartneyAP 34m
Panish spent a lot of the morning going over areas where he says Phillips changed his testimony.
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Anthony McCartney ‏@mccartneyAP 35m
A few more updates from today's Jackson trial coming up.
AEG Live CEO Randy Phillips finished his testimony today after 8 days.
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Anthony McCartney ‏@mccartneyAP 1h
We're done for the day in Jackson vs AEG Live. Randy Phillips has concluded testifying.
Will get out updates when I can this afternoon.
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Anthony McCartney ‏@mccartneyAP 2h
About to head back into court in Jackson vs AEG Live case.
Will have updates later today. Reminder, it's a half day session.
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Anthony McCartney ‏@mccartneyAP 2h
The lawyer said none had given testimony in the case before dying. AEG lawyer objected as to Dileo, who gave sworn statement in another case
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Anthony McCartney ‏@mccartneyAP 2h
Panish asked what those three had in common. Phillips said it was a rhetorical question. “They all passed away.”
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Anthony McCartney ‏@mccartneyAP 2h
Panish mentioned that Phillips had testified a lot about conversations with Jackson, Frank Dileo, and attorney Peter Lopez.
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Anthony McCartney ‏@mccartneyAP 2h
Panish then asked how many of the artists Phillips mentioned had doctors hired by AEG Live for them. “None,” the executive replied.
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Anthony McCartney ‏@mccartneyAP 2h
The lawyer’s question was related to a $100k per month contract with Jackson’s ex-manager Tohme Tohme. (Tohme was never paid.)
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Anthony McCartney ‏@mccartneyAP 2h
Panish: “How many of those artists had personal managers that had a contract directly with AEG Live.” Phillips: “Probably none of them.”
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Anthony McCartney ‏@mccartneyAP 2h
Panish asked Phillips about many the artists he’s mentioned working with, including George Strait, Bon Jovi, Britney Spears.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips tried to make the point that all the “This Is It” footage was rehearsals, while one of the clips was a full-blown MJ performance.
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Anthony McCartney ‏@mccartneyAP 2h
The lawyer asked Phillips if there was any footage of Jackson doing multiple 360 spins during “This Is It” rehearsals. His answer was no.
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Anthony McCartney ‏@mccartneyAP 2h
Panish showed a couple clips from earlier in Jackson’s career of him doing multiple, extremely fast 360 spins.
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Anthony McCartney ‏@mccartneyAP 2h
The “Billie Jean” rehearsal footage in "This Is It" film was from June 5, 2009, Panish said.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips had been shown a long clip of a rehearsal of “Billie Jean” on Thursday. Jackson did several spins, but one spin at a time.
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Anthony McCartney ‏@mccartneyAP 2h
(cont) ... multiple 360 spins early in rehearsals, but “would fall on his ass” if he tried it on June 19, 2009.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips was then asked about the “trouble at the Front” email and the assertion by production manager that MJ could do (cont)
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Anthony McCartney ‏@mccartneyAP 2h
For instance, at one point Panish asked Phillips, “Are you bored with this?”
Phillips: “No, you’re very interesting.”
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Anthony McCartney ‏@mccartneyAP 2h
The back-and-forth between Phillips and Panish has been very pointed, tense this morning. Judge has had to intervene a couple times.
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Anthony McCartney ‏@mccartneyAP 2h
The questioning about Richie statements is one of the areas Panish used this morning to try to show Phillips’ testimony has evolved.
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Anthony McCartney ‏@mccartneyAP 2h
Panish showed jury Phillips’ deposition testimony, in which he didn’t mention Brenda Richie’s statements.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips said Brenda Richie told him she had been talking to Jackson (through a medium) and the singer told her not to blame Conrad Murray.
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Anthony McCartney ‏@mccartneyAP 2h
Panish then moved into questioning about Phillips’ conversation with Brenda Richie. He testified about this earlier this week.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips also denied that he discussed the Jackson vs AEG Live case with Tohme, but says other people may have. Lawyers were at the meeting.
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Anthony McCartney ‏@mccartneyAP 2h
Phillips denied calling Katherine Jackson anything derogatory during the meeting. He also denied he called Jackson a “freak.”
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Anthony McCartney ‏@mccartneyAP 2h
Panish started out by asking Phillips about his meeting with Jackson’s ex-manager, Tohme Tohme, at the Polo Lounge in Beverly Hills.
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Anthony McCartney ‏@mccartneyAP 2h
We’re back in session in Jackson vs AEG Live. Plaintiff’s attorney Brian Panish resumed questioning AEG Live CEO Randy Phillips.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 27s
Court resumes Monday at 9:45 a.m. There’s still no word on who the next witness will be, but it may be an expert witness.
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Anthony McCartney ‏@mccartneyAP 33s
Shortly after that, Phillips’ eight days on the witness stand ended. He may be re-called by AEG Live during defense case if necessary.
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Anthony McCartney ‏@mccartneyAP 41s
Continuing the self-deprecation, he added he couldn’t do a 360 spin. “If I tried, I’d be in the jury’s lap.”
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Anthony McCartney ‏@mccartneyAP 46s
“I’m flat footed,” Phillips replied. “There’s a reason I’m on this side of the business.”
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Anthony McCartney ‏@mccartneyAP 53s
Panish got another few questions and asked again about the 360 spins. He questioned Phillips’ knowledge of choreography.
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Anthony McCartney ‏@mccartneyAP 1m
Putnam asked Phillips how old Jackson was when he died. The singer was 50, and was only doing a rehearsal in ‘09, Phillips said.
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Anthony McCartney ‏@mccartneyAP 1m
Putnam asked Phillips when the two vids Panish showed him were shot. Phillips said one was ‘01 and other one looked like it was from the 80s
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Anthony McCartney ‏@mccartneyAP 1m
Defense lawyer Marvin Putnam took over and asked a few questions. Some of the main ones related to Jackson’s 360 spins.
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Anthony McCartney ‏@mccartneyAP 1m
“That wasn’t unreasonable because that’s what doctors make,” Phillips responded. He said he had a general idea of what doctors earn.
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Anthony McCartney ‏@mccartneyAP 1m
Panish asked if it seemed odd that Murray agreed to take the job for less -- a $150k a month fee.
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Anthony McCartney ‏@mccartneyAP 1m
There was some more discussion of Murray and Phillips’ assertion that he thought he was successful because he asked for $5 million.
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Anthony McCartney ‏@mccartneyAP 1m
Panish asked how many of the managers Phillips sent Conrad Murray’s contract to. More back-and-forth on that issue, without a clear answer.
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Anthony McCartney ‏@mccartneyAP 1m
He then listed four people who were designated as Jackson managers during the “This Is It” period.
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Anthony McCartney ‏@mccartneyAP 2m
The lawyer asked how many times Phillips changed his socks during the day. 2 to 3 times, he replied, if he went for a workout.
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Anthony McCartney ‏@mccartneyAP 2m
Panish then asked Phillips about his assertion that Jackson changed managers like some people change socks.
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Anthony McCartney ‏@mccartneyAP 2m
Phillips also repeated that Jackson requested the Tohme agreement. “The artist may have created the conflict, too,” he said.
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Anthony McCartney ‏@mccartneyAP 2m
There was lots of back and forth on the ethical wall issue, Phillips maintained it was a code of behavior, not something that’s written down
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Anthony McCartney ‏@mccartneyAP 6m
“It’s about behavior. It’s not a real wall,” Phillips told Panish about the concept of an ethical wall.
Anthony McCartney ‏@mccartneyAP 6m
Panish questioned whether the ethical wall in the Tohme deal was memorialized in writing. Phillips said that’s not the way it works.
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Anthony McCartney ‏@mccartneyAP 6m
The deadline passed, so AEG Live never paid Tohme Tohme the $100k a month.
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Anthony McCartney ‏@mccartneyAP 6m
Important to note, the payment required Tohme to assist in getting cancellation insurance for “This Is It” by a certain time.
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Anthony McCartney ‏@mccartneyAP 7m
Phillips said he felt there was an ethical wall in place between AEG Live and Tohme when that deal was made.
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Anthony McCartney ‏@mccartneyAP 7m
The questions related to Tohme’s $100k per month agreement with AEG Live, which Jackson also signed.
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Anthony McCartney ‏@mccartneyAP 7m
“It can be, it isn’t always” a conflict of interest, Phillips said.
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Anthony McCartney ‏@mccartneyAP 7m
Panish: “If somebody’s on both sides of a deal it can potentially be a conflict of interest.” Phillips said it depends.
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Anthony McCartney ‏@mccartneyAP 7m
The executive said he understood it to be an arrangement so there wasn’t an unfair advantage for one side in certain arrangements.
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Anthony McCartney ‏@mccartneyAP 7m
Phillips had called this concept a Chinese wall, but the judge told everyone to call it an ethical wall instead.
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Anthony McCartney ‏@mccartneyAP 7m
Phillips was then asked about whether there was an ethical wall involved in AEG Live’s dealings with Jackson.
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Anthony McCartney ‏@mccartneyAP 7m
The executive said he urged them to meet for breakfast or some other meal, but it wasn’t his role to make sure they got along.
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Anthony McCartney ‏@mccartneyAP 8m
Phillips was asked whether he mediated a dispute between Jackson’s managers Tohme Tohme and Frank Dileo. Phillips said no.
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Anthony McCartney ‏@mccartneyAP 8m
Palazuelos said if he had a doubt, Phillips should ask her. “I can talk to you,” he responded.
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Anthony McCartney ‏@mccartneyAP 8m
When the lawyers returned, Judge Yvette Palazuelos told Phillips to testify about “substance” of conversations with his lawyers.
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Anthony McCartney ‏@mccartneyAP 8m
It wasn’t long before Phillips made some allusion to what his attorneys told him, prompting a sidebar.
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Anthony McCartney ‏@mccartneyAP 8m
After the break, Panish told Phillips, “I’m going to try to finish if you try to answer” the questions.
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Anthony McCartney ‏@mccartneyAP 8m
Panish was frustrated by the judge’s ruling. He threw his left arm against his leg and it sounded like he cursed under his breath.
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Anthony McCartney ‏@mccartneyAP 9m
The judge wouldn’t allow the Frank Dileo message to be played for the jury.
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Anthony McCartney ‏@mccartneyAP 9m
AEG attorney Jessica Stebbins Bina however said it would lead jurors to derive an “improper inference.”
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Anthony McCartney ‏@mccartneyAP 9m
Katherine Jackson’s team also said it should be played because Phillips could verify it was Dileo’s voice on the call.
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Anthony McCartney ‏@mccartneyAP 10m
Plaintiff’s attorneys said it should be played because Phillips was asked whether Dileo called Murray. AEG attorneys argued it was improper.
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Anthony McCartney ‏@mccartneyAP 10m
Panish wanting to play the message for this jury prompted a recess during which the attorneys argued. Jury left the courtroom.
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Anthony McCartney ‏@mccartneyAP 10m
The message was played during Murray’s criminal trial. In it, Dileo is heard saying that tests need to be taken on Jackson.
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Anthony McCartney ‏@mccartneyAP 10m
Panish then wanted to ask Phillips about a voicemail that Jackson’s manager Frank Dileo left for Conrad Murray on morning of June 20th.
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Anthony McCartney ‏@mccartneyAP 10m
Phillips said he had no idea what changed from previous day about Jackson's appearance. (He didn't see him on June 19th)
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Anthony McCartney ‏@mccartneyAP 11m
Phillips said of Jackson on June 20th: “He wasn’t dressed in a T-shirt, he looked great.”
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Anthony McCartney ‏@mccartneyAP 11m
The lawyer showed Phillips a picture of Jackson taken on June 19th from a costume fitting. Jackson was in a T-shirt, looked thin.
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Anthony McCartney ‏@mccartneyAP 11m
Panish asked Phillips about his testimony that Jackson looked good on June 20, 2009, just hours after he’d been sent home from rehearsal.

 

[ivy]

Re: Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 5m
For complete coverage and interview with the attorneys watch @ABC7 and go to http://www.abc7.com . Hops you have a great and safe weekend!
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ABC7 Court News ?@ABC7Courts 6m
On Monday, Jacksons attorneys will tell the judge how much time they have left in their case in chief. We don't know yet who next witness is
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ABC7 Court News ?@ABC7Courts 7m
Phillips was finally excused, subject to recall. Session is over for the day. Trial resumes at 9:45 am PT on Monday.
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ABC7 Court News ?@ABC7Courts 7m
Panish: Who's more competent to judge choreography you or Hougdahl?
Phillips: Could be me since he hadn't worked in pop production before
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ABC7 Court News ?@ABC7Courts 9m
"I know what a 360 is, you don't need to be a choreographer to know that," Phillips explained.
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ABC7 Court News ?@ABC7Courts 9m
Phillips said if he tried a 360 spin he'd be on the jury's lap.
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ABC7 Court News ?@ABC7Courts 10m
Phillips said he's not a choreographer. "I'm flat footed, there's a reason I'm in this side of the business."
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ABC7 Court News ?@ABC7Courts 10m
Phillips said MJ didn't do multiple 360s spins that he remembers, but he didn't know if the choreography called for it.
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ABC7 Court News ?@ABC7Courts 11m
Then it was Panish's turn again.

Phillips: You are back?
Panish: Just a couple of questions
Phillips: I'm gonna miss you
Everyone laughed
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ABC7 Court News ?@ABC7Courts 12m
Phillips said MJ did 360s spins, and he was 50 years old.

The other video shown to the jury yesterday was MJ performing in the early 80s.
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ABC7 Court News ?@ABC7Courts 12m
Regarding the video shown yesterday of Mr. Jackson's spinning, Phillips testified it was production rehearsal, not even full dance rehearsal
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ABC7 Court News ?@ABC7Courts 12m
Putnam: Are you aware of any articles were you are quoting saying we hire him (Dr. Murray)?
Phillips: No
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ABC7 Court News ?@ABC7Courts 14m
Putnam: Did Dr. Tohme have anything to do with Dr. Murray?
Phillips: None whatsoever that I know of
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ABC7 Court News ?@ABC7Courts 14m
Phillips reiterated that AEG never paid Dr. Tohme because some conditions of his contract were not fulfilled.
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ABC7 Court News ?@ABC7Courts 14m
Panish concluded his questioning. Putnam was back at it. Phillips joked: Your honor, is this really over after this? Courtroom laughed.
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ABC7 Court News ?@ABC7Courts 15m
Regarding the email John Branca asked if MJ's problem was related to substance abuse, Phillips said he didn't know one way or the other.
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ABC7 Court News ?@ABC7Courts 15m
Phillips: I think there was some logical communication, otherwise they would've been hanging.
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ABC7 Court News ?@ABC7Courts 15m
Panish: Did you ever tell Branca you brought the doctor to the fold?
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ABC7 Court News ?@ABC7Courts 15m
Phillips said John Branca had been hired by MJ on June 18th, two days prior to the 20th meeting.
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ABC7 Court News ?@ABC7Courts 16m
"I wasn't alarmed by the number because it was Michael's doctor and Michael was paying for it," Phillips explained.
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ABC7 Court News ?@ABC7Courts 16m
Panish: For $20 million the most successful doctor around?
Phillips: Correct
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ABC7 Court News ?@ABC7Courts 16m
Panish: If he wanted $10 million, he would be more successful?
Phillips: Absolutely true
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ABC7 Court News ?@ABC7Courts 17m
Panish inquired about the fact that Phillips thought Dr. Murray asking for $5 million as payment automatically made him a good doctor.
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ABC7 Court News ?@ABC7Courts 17m
Phillips explained when he received email from Kathy Jorrie questioning Dr. Tohme he forwarded it to Peter Lopez, MJ's attorney at the time.
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ABC7 Court News ?@ABC7Courts 18m
Panish: You said whomever MJ had as his own manager was his own business, correct?
Phillips: Correct
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ABC7 Court News ?@ABC7Courts 19m
As to creating AEG Live: "I absolutely did, I invented the company based on biz plan i created and I also named it," Phillips testified.
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ABC7 Court News ?@ABC7Courts 20m
"I don't know who our attorneys sent the contract to, so I can't say," Phillips said about emailing Dr. Murray's contract.
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ABC7 Court News ?@ABC7Courts 21m
Phillips added Ramon Baynes and Peter Lopez as MJ's managers.
"Lopez did a Pepsi deal for MJ as his manager," Phillips explained.
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ABC7 Court News ?@ABC7Courts 21m
Panish asked if DiLeo and Tohme were the main managers. Phillips agreed but said that wasn't what Panish asked him.
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ABC7 Court News ?@ABC7Courts 21m
"Dr. Tohme initiated the deal," Phillips said, then Frank DiLeo, a period of time Arpac Hussain, then, subject to dispute, Leonard Rowe.
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ABC7 Court News ?@ABC7Courts 22m
Panish asked Phillips how many managers MJ had from 2007 until his death.
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ABC7 Court News ?@ABC7Courts 22m
About 'changing the socks' comment, Panish asked Phillips how many times a day he changes his socks. He said 2-3.
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ABC7 Court News ?@ABC7Courts 22m
Panish: Did the artist sign a release of potential conflict of interest?
Phillips: The artist may have created the conflict, so no
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ABC7 Court News ?@ABC7Courts 23m
Panish: Did you advise in writing potential conflict of interest?
Phillips: No
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ABC7 Court News ?@ABC7Courts 23m
"Mr. Panish, it's the artist who directed us, I didn't know who Dr. Tohme was," Phillips responded.
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ABC7 Court News ?@ABC7Courts 23m
Panish asked if there was doc saying there's a potential conflict of interest with AEG Live hiring Dr. Tohme to be MJ's personal manager.
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ABC7 Court News ?@ABC7Courts 24m
Panish asked about potential conflict of interest w/ AEG and Dr Tohme. "MJ directed us to do that agreement and he signed it," Phillips said
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ABC7 Court News ?@ABC7Courts 25m
Panish: Did you tell Mr. Gongaware there was an ethical wall?
Phillips: It's not something you discuss, it's how you behave
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ABC7 Court News ?@ABC7Courts 25m
Phillips explained that ethical wall is not something that's build, tangible, or in a document, but it's about the behavior of the parties.
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ABC7 Court News ?@ABC7Courts 26m
Panish: How does AEG employees know about ethical wall?
Phillips: Frankly, I believe interests merge after deal is struck between 2 parties.
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ABC7 Court News ?@ABC7Courts 27m
"To me it's how you behave, you behave ethically with each other" Phillips described saying the ethical wall existed between AEG Live and MJ
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ABC7 Court News ?@ABC7Courts 28m
Panish: You don't know how to set up one?
Phillips: I've never seen one (ethical wall) set up formally
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ABC7 Court News ?@ABC7Courts 28m
The exec said the ethical wall is not set up. "It's about behavior, it's not a real wall, it's about behavior," Phillips explained.
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ABC7 Court News ?@ABC7Courts 29m
Panish asked if Phillips had the "ethical wall" in writing. "I don't know those things are in writing, it's figure of speech," Phillips said
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ABC7 Court News ?@ABC7Courts 30m
This is MJ's picture from June 19, 2009. How do you think he looked? pic.twitter.com/PFO5ARZe5Z
View photo
ABC7 Court News ?@ABC7Courts 41m
Panish: Was there an ethical wall between AEG Live and Dr. Tohme?
Phillips: I felt that it was
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ABC7 Court News ?@ABC7Courts 41m
"I didn't do Travis', but I was involved in material terms of Kenny's deal," Phillips said.
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ABC7 Court News ?@ABC7Courts 41m
Panish asked the "Chinese Wall" comment Phillips made on the stand if it meant he was mediating conflicts. Phillips said it was ethical wall
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ABC7 Court News ?@ABC7Courts 43m
Today is the 8th day of Phillips on the stand.Some days have been half session, though.
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ABC7 Court News ?@ABC7Courts 43m
Panish: I want to finish, you answer the questions, ok?
Phillips: We got a deal
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ABC7 Court News ?@ABC7Courts 57m
On the 23rd, Phillips said MJ was not wearing t-shirt, had hair and make up done, looked great.
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ABC7 Court News ?@ABC7Courts 57m
Phillips recalled that MJ didn't look like the picture from the 19th, the day he went home sick.
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ABC7 Court News ?@ABC7Courts 57m
Phillips explained that his description of MJ looking really good was from what he saw on June 23.
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ABC7 Court News ?@ABC7Courts 59m
Panish showed pic of MJ on Jun 19th wearing t-shirt looking very skinny. The atty asked if that MJ looked really good in Phillips's opinion
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ABC7 Court News ?@ABC7Courts 1h
"The MJ sitting in that living room looked great," Philips recalled.
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ABC7 Court News ?@ABC7Courts 1h
Phillips said he was as confused as anyone, since the MJ he expected to see after the chain of emails was very differently from what he saw.
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ABC7 Court News ?@ABC7Courts 1h
"He looked really good," Phillips said about MJ rehearsals on June 23 and 24.

"But you said it was fantastic," Panish inquired.
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ABC7 Court News ?@ABC7Courts 1h
Panish attempted again to "impeach" the witness, which is a legal technique to put in question his credibility.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Murray reassured Phillips on June 20th that MJ was fine, the doctor wasn't sure what was going on the day before, perhaps the flu.
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ABC7 Court News ?@ABC7Courts 1h
The exec explained again he felt very confused, Dr. Murray was saying MJ was fine, but emails from Ortega and Hougdahl said it differently.
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ABC7 Court News ?@ABC7Courts 1h
Phillips testified he doesn't know whether his home number is unlisted or not. He said he rarely uses it due to cell phones.
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ABC7 Court News ?@ABC7Courts 1h
"There were two issues: one was cost, the other was the ability to practice in the UK," Phillips explained.
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ABC7 Court News ?@ABC7Courts 1h
Phillips said 'he' didn't want to hire an American doctor due to the costs.
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ABC7 Court News ?@ABC7Courts 1h
As to Dr. Murray hiring, Phillips said all he knew in beginning of June when they met at the Forum, there was no agreement with Dr. Murray
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ABC7 Court News ?@ABC7Courts 1h
"I don't remember, you have to show me the articles," Phillips explained when Panish asked if he gave other intvs says AEG hired Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Earlier, Phillips testified Michael Roth, AEG's PR person, set up interviews, so most likely he had talk with Roth about hiring Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Phillips: If articles were written from intv w/ Sky News it's possible, I just don't remember giving interview about AEG hiring Dr. Murray
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ABC7 Court News ?@ABC7Courts 1h
It's been a long time the articles have been written, Phillips testified, saying he doesn't remember whether he gave any other interviews.
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ABC7 Court News ?@ABC7Courts 1h
Panish pressed asking if he had testified earlier in the week saying he was not aware of articles quoting him.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Are you aware of articles quoting you saying you hired Dr. Murray?
Phillips: I don't recall
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ABC7 Court News ?@ABC7Courts 1h
Panish asked Phillips what MJ, Peter Lopez and Frank DiLeo have in common. "They've all passed away," Phillips responded.
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ABC7 Court News ?@ABC7Courts 1h
Phillips denied again using derogatory terms to refer to Mrs. Jackson while meeting with Dr. Tohme at Polo Lounge on May 4th of this year.
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ABC7 Court News ?@ABC7Courts 1h
Jackson's attorney, Brian Panish, resumed questioning AEG CEO Randy Phillips. The exec is an adverse witness called by the plaintiffs.
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ABC7 Court News ?@ABC7Courts 3h
Hello from the courthouse in downtown LA. Day 30 of Jackson family vs AEG trial. AEG CEO Randy Phillips resumes testimony.

 

[ivy]

Re: Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

Lawsuit evidence: Michael Jackson lost dance moves in last days
By Alan Duke, CNN
updated 5:02 PM EDT, Fri June 14, 2013
STORY HIGHLIGHTS
Jurors watched a comparison of Jackson's performance of "Billie Jean" in '01 and '09
Show director was "concerned he would embarrass himself on stage, or worse yet -- get hurt"
Jackson lawyers argue AEG Live pressured his doctor to get Jackson ready for rehearsals
AEG Live lawyers argue Jackson chose and supervised Dr. Conrad Murray
Los Angeles (CNN) -- Michael Jackson's health deteriorated so badly in the last weeks of his life that he couldn't perform some of his trademark dance moves, according to evidence presented in his family's lawsuit against a concert promoter.
Jurors in the wrongful death trial Friday watched a comparison of Jackson's performance of "Billie Jean" from 2001 with rehearsal video from June 2009, when he was preparing for his "This Is It" comeback concerts.
"I have 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 ass if he tried now," production manager John "Bugzee" Houghdahl wrote in an e-mail to AEG Live CEO Randy Phillips on June 19, 2009.
Show director Kenny Ortega sent Jackson home from a rehearsal that night 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," Houghdahl wrote. "The company is rehearsing right now, but the DOUBT is pervasive."
The e-mail chain -- titled "trouble at the Front" -- is key evidence in the trial in which Jackson's mother and three children contend AEG Live is liable for the singer's death because it negligently hired, retained and supervised Dr. Conrad Murray.
Murray, who was convicted of involuntary manslaughter in Jackson's death, told police he used the surgical anesthetic propofol to treat Jackson's insomnia so he could be rested for rehearsals. The coroner ruled Jackson's June 25, 2009, death was caused by an overdose of propofol.
AEG Live lawyers argue it was Jackson who chose and supervised Murray and that their executives had no way of knowing about the dangerous propofol treatments being administered in the privacy of Jackson's home.
Houghdahl's e-mail came during a "highly charged time" when there was doubt the show would be ready for it's London debut in July ot that year, Phillips testified Friday.
Phillips met with Dr. Murray, Michael Jackson and Ortega at Jackson's home a day after getting the Houghdahl e-mails, according to testimony.
While Jackson lawyers argue that meeting was intended to pressure Murray to make sure Jackson was ready for rehearsals, AEG lawyers contend Dr. Murray assured producers nothing was wrong with him.
AEG's lawyer showed jurors a clip Thursday of Jackson performing several non-consecutive 360-degree spins while rehearsing his song "Billie Jean" on June 5, 2009.
Phillips described them as "multiple 360 spins," although conceding he was not a choreographer.
Jackson lawyers, in their rebuttal Friday, showed the jurors the side-by-side comparison of the routine in 2001 and the one weeks before Jackson's death that was seen in the "This Is It" documentary made from rehearsal video.
"Anywhere in the movie does it show Michael Jackson doing multiple 360 spins?" Jackson lawyer Brian Panish asked Phillips.
"No," Phillips said.

 

[ivy]

Re: Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

Michael Jackson tour was in danger of cancellation, exec concedes

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2

An AEG official testified that Michael Jackson's London concerts were in danger of being canceled, but that Jackson's rehearsals at Staples Center on June 23 and 24 put everyone's worries to rest. (Kevin Mazur / Associated Press / June 23, 2009)

Photos: AEG-Michael Jackson wrongful-death trial

Photos: Michael Jackson | 1958-2009

Full coverage: AEG-Michael Jackson wrongful death trial
June 14, 2013, 3:05 p.m.
Michael Jackson's anticipated comeback tour was in danger of being canceled after a promoter received troubling emails about the singer's health and mental stability, the chief executive for the company producing the "This Is It" concerts acknowledged Friday.

Randy Phillips, the top executive for AEG Live, said the sold-out London concerts could have been shut down after he received the emails, some that described the pop singer as being unprepared for the rigors of touring and being in feeble health.

Asked by Jackson family attorney Brian Panish if the tour was in danger, Phillips replied, "Yes. I would characterize it that way."

Phillips testified for the eighth day in the wrongful-death case brought by Jackson's mother and three children against AEG Live, Phillips and another AEG executive.

The Jacksons say that AEG hired and controlled Conrad Murray, the doctor who administered the fatal dose of the anesthetic propofol to the singer on June 25, 2009. AEG argues that Murray worked for Jackson and that any money the company was supposed to pay him was part of a multimillion-dollar advance the entertainment firm gave the singer.

Murray is now serving jail time for involuntary manslaughter.

Panish played a clip of a Sky News interview he gave a week after Jackson's death in which Phillips said AEG hired Murray.

Phillips told Panish that the company had never hired a doctor at the behest of a performer or paid for their housing.

Murray's contract said that AEG would pay for his house when the "This Is It" crew moved to London in July for the 50 concerts at the 02 Arena. Murray signed the contract shortly before Jackson died, but no one from AEG signed.

In previous testimony, an AEG executive testified that neither Jackson nor his representatives were shown drafts of Murray's contract.

Much of Phillips' testimony in recent days has centered on what happened June 19 and June 20, when Jackson was rehearsing for the concerts.

On June 19, after a particularly troubling day of rehearsal, tour director Kenny Ortega sent Phillips an email in which he said Jackson was "trembling, rambling, obsessing" and needed a mental health evaluation. A photo taken during a costume fitting that day shows a gaunt Jackson in a white T-shirt.

A meeting with Jackson, Ortega, Phillips and Murray was held at the singer's Carolwood Drive house the next day.

Phillips testified Jackson "looked really good."

Panish asked him how Jackson could improve so quickly. "I was as confused as anybody because the Michael Jackson I saw, the Michael Jackson sitting in that living room ... looked great."

What changed in 12 hours? Panish asked.

"I have no idea," Phillips replied.

Phillips and others have testified that Jackson's rehearsals on June 23 and 24 put everyone's worries to rest.

Jackson died on June 25. A paramedic who answered the emergency call to Jackson's residence testified earlier in the trial that the singer was so slender that he looked like a cancer patient who had gone home to die.

 

[ivy]

AEG Live CEO Grilled For 8th Day In Michael Jackson Wrongful Death Trial
June 14, 2013 6:35 PM

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LOS ANGELES (CBSLA.com) — The CEO for concert promoter AEG Live took the witness stand Friday for the eighth day in the Michael Jackson wrongful death trial.

Katherine Jackson’s attorneys are trying to convince the jury that Randy Phillips’ company was negligent in its hiring and supervision of Dr. Conrad Murray, the cardiologist who was found guilty of involuntary manslaughter in the King of Pop’s death.

On Thursday, AEG lawyers showed the panel a six-minute clip from a June 5, 2009 rehearsal to challenge an assertion made by the show’s production manager that Jackson’s health had deteriorated to the point where he was unable to perform multiple 360-degree spins.

Jurors watched Jackson spin several times during the performance.

On Friday, Katherine Jackson’s lead attorney, Brian Panish, suggested the term “multiple spins” didn’t mean one spin at a time, but rather continuous back-to-back spins.


Panish showed the jury a 2001 performance of Jackson performing continuous spins and compared it to the June 2009 show.

Panish then asked Phillips if he saw Jackson perform consecutive spins in 2009.

“Considering the movie is a rehearsal and that’s a full-on performance at Madison Square Garden…no,” he said.

Through his sometimes combative questioning, Panish asked Phillips to explain discrepancies in his testimony.

Phillips said his memory was better now because he had a chance to review emails and documents from 2009.

Asked what the jury should take away from Phillips’ testimony, Panish told KCAL9’s Randy Paige, “That the CEO of AEG Live is not credible or worthy of any belief, he told numerous stories. The truth doesn’t need numerous stories. The truth fears no trial and Mr. Phillips had a hard time with the truth. He testified under oath five months ago that he didn’t recall anything, yet after meeting 60 hours with his lawyers, he had a miraculous recovery of his memory.”

“I think what you’ve seen over eight days is nothing that showed actual changes in testimony in any substantive or meaningful way. The truth of the matter is AEG Live did nothing here for which they can be negligent or liable. Juries are smart and juries can figure it out,” said AEG attorney Marvin Putnam.

Although Phillips is done testifying for now, AEG lawyers plan to call him as a witness when they present their defense in the case.

 

[qbee]

Re: Jacksons vs AEG - Day 30 - June 14 2013 - News Only (no discussion)

Fire marshal cuts public, media seats for Jackson trial


By Jeff Gottlieb
June 14, 2013, 6:25 p.m.

The Los Angeles fire marshal has ordered the number of people in the courtroom where the Michael Jackson wrongful-death suit is being tried be reduced immediately, cutting the number of seats for the media by nearly two-thirds and leaving only one spot available for the public.

That does not mean the news media or the public will be shut out of the trial, which finished its 30th day Friday. Since the early days of the proceedings, a closed-circuit feed has been shown in another courtroom that seats 63 people.

The new rule means that media will alternate days in the courtroom. The Times, for instance, will have a seat on Monday, Wednesday and Friday, but will have to watch the proceedings in the overflow room other days. Other media, including CNN, KTLA-TV (Channel 5), the Associated Press, the New York Post and Agence France Press, are also part of the rotation.

The number of spectator seats in the courtroom is being reduced from45 to 34.

Before the trial started, Judge Yvette Palazuelos ruled that no cameras would be allowed in the courtroom. CNN's request to broadcast the proceedings was denied.

Mary Hearn, a spokeswoman for the court, said the plaintiffs and defendants each get 12 seats, which can be filled with members of the legal team and guests. Another seven are reserved for the media and the rest for court staff. If the parties to the suit bring fewer people, their seats will be taken by media or the public. There is a daily lottery for the public.

Hearn said that 15 to 20 reporters have been in the courtroom most days.

A small group of Jackson fans have been attending the trial. Michael Jackson's mother, Katherine Jackson, has been in the audience most days, along with her nephew. Janet Jackson attended for half a day.

But if Michael Jackson's children or one of the celebrities on the witness list, such as Prince or Diana Ross, testify, the number of people wanting a look at the trial would probably grow.

http://www.latimes.com/local/lanow/la-me-ln-fire-marshal-jackson-20130614,0,7244669.story

 

[ivy]

Michael Jackson went from looking sick to ‘great’ days before death: concert CEO
During testimony in the Michael Jackson wrongful death suit, AEG Live CEO Randy Phillips seemed to agree that a photo of the pop star six days before his death made him look emaciated and unwell, but claimed he looked ‘fantastic’ at an appearance the following day.

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BY NANCY DILLON / NEW YORK DAILY NEWS

SATURDAY, JUNE 15, 2013, 1:15 AM
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In March 2009, Michael Jackson announced a series of concert at London's O2 Arena. The King of Pop died three months later.
RELATED STORIES
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Michael Jackson’s wrongful death trial opens as lawyer slams AEG Live as ‘ruthless’ for hiring Conrad Murray

The concert honcho who promoted Michael Jackson's doomed comeback concert series admitted to jurors Friday he couldn't explain why the King of Pop appeared sickly and disoriented six days before his death but seemed "great" at a meeting the next morning.

AEG Live CEO Randy Phillips was asked what happened in the 12 hours between Jackson's disturbing display at his failed June 19,2009, rehearsal and his "fantastic" appearance the next day.

"Did he get a lot of protein shakes?," asked Brian Panish, the lawyer representing Katherine Jackson in the wrongful death lawsuit claiming AEG Live negligently hired and supervised the doctor convicted of overdosing her son.

RELATED: MICHAEL JACKSON WASN'T 'DRUG-ADDLED' MESS: AEG CEO

"I was confused as anybody," Phillips answered.

Panish showed jurors a June 19 wardrobe fitting photo in which Michael appeared pale and emaciated in a white v-neck tshirt.

"He looked great when I saw him. He wasn't dressed in a T-shirt," Phillips said, seeming to agree the photo made Michael look emaciated and unwell.


COURT PHOTO

Jurors were shown a startling June 19, 2009, photo in which Michael Jackson appeared pale and emaciated in a white T-shirt.

RELATED: INSIDE MICHAEL JACKSON'S BEDROOM: THE KING OF POP WAS SURROUNDED BY PRESCRIPTION PILL BOTTLES, MEDICAL SUPPLIES

"He had his hair, his makeup. He did not look like that on the 20th," Phillips said.

Panish also grilled the concert honcho over rehearsal footage that showed Michael using only single 360-degree turns in his "Billy Jean" choreography for "This Is It," as opposed to the "multiple" 360 spins he used in prior shows.

Phillips said he believed Jackson was holding back because it was a rehearsal, not a "full-on" performance.

RELATED: LISTEN: PARIS JACKSON 911 CALL RELEASED

Katherine Jackson sat in the front row Friday but did not speak to reporters.

A source told the Daily News that her granddaughter Paris Jackson, 15, was still "receiving treatment" following her attempted suicide last week.

The source shot down a report the troubled teen would be released from the hospital Friday.



Read more: http://www.nydailynews.com/entertai...h-concert-ceo-article-1.1373483#ixzz2WI8uIiLq

 

[ivy]

Jacksons vs AEG - Day 31 - June 17 2013 - News Only (no discussion)

Jacksons vs AEG - Day 31 - June 17 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 31 of Katherine Jackson vs. AEG trial.

Daily news threads are merged into the main News thread in the stickies

Please help the staff by posting all the news stories as well as tweets from media you see.

Please Don't post updates or tweets from Fans in news thread

 

[ivy]

Expert: Promoter created conflict with Jackson doc
By ANTHONY McCARTNEY | Associated Press – 26 mins ago
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FILE - In this March 5, 2009 file …
LOS ANGELES (AP) — The promoter of Michael Jackson's ill-fated series of comeback shows created a conflict of interest with the singer's physician when it negotiated terms of his deal, an expert testifying for the superstar's mother told a jury on Monday.
David Berman told jurors hearing a negligent hiring lawsuit against concert promoter AEG Live LLC that the company should not have negotiated with Jackson's physician without notifying the singer's representatives of the discussion.
The former head of Capitol Records and high-level positions at several other record companies is being paid to testify for Katherine Jackson in her lawsuit against the concert company.
Asked whether it was appropriate for AEG Live to attempt to hire a doctor on Jackson's behalf, Berman responded, "I believe that it's highly inappropriate. It is highly unusual."
Berman retired from the music industry in 2001 to become an expert witness for music industry-related lawsuits. He said he had never heard of a situation in which a tour promoter hired a doctor on behalf of an artist.
Berman said he believed that music companies owe a higher obligation to artists than to music buyers or concert goers and, in this instance, AEG failed Jackson.
He was shown emails in which a tour accountant traded emails with Jackson's doctor, Conrad Murray, without including any of the singer's representatives.
Murray, who was convicted of involuntary manslaughter in 2011, was never paid his $150,000 per month fee for working with Jackson. The superstar died from an overdose of the anesthetic propofol before signing Murray's contract.
AEG denies it hired Murray. The company's executives and lawyers have said the company was merely advancing Jackson the money to pay Murray, and a valid contract never existed.
The company's lawyers have yet to question Berman but already have objected to his expertise. An AEG Live defense attorney has noted that Berman was never a tour producer or promoter — functions that AEG Live was serving as during preparations for Jackson's comeback shows.
Superior Court Judge Yvette Palazuelos reminded jurors on Monday that they will ultimately decide whether AEG Live hired Murray.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 10m
The current version of the @AP story on expert David Berman's testimony can be found here: http://yhoo.it/10r5xDd
View summary Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 10m
I've got to get back into court -- will have remainder of the day's updates in a little while.
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Anthony McCartney ‏@mccartneyAP 11m
Ultimately, Berman was able to testify that he thought AEG Live’s involvement in negotiating Murray’s contract was an ethical conflict
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Anthony McCartney ‏@mccartneyAP 11m
There were a lot of objections by AEG Live attorneys to Berman’s testimony and expertise. This prompted a lengthy sidebar in the morning
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Anthony McCartney ‏@mccartneyAP 11m
Berman said information about the other doctor should have been turned over to Jackson, but it wasn’t.
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Anthony McCartney ‏@mccartneyAP 11m
He said he was troubled by the fact that another doctor had quoted a $10k per week price to care for Jackson on the tour.
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Anthony McCartney ‏@mccartneyAP 11m
He said one of the emails Phillips sent to Ortega seemed dismissive of the tour director’s concerns about Jackson’s health.
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Anthony McCartney ‏@mccartneyAP 12m
Plantiff’s attorney Bill Bloss showed Berman several emails the jury has seen, including messages traded by Randy Phillips and Kenny Ortega.
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Anthony McCartney ‏@mccartneyAP 12m
Berman: “The physician has dual obligations to the patient of course and to the entity that his engaging” him or her.
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Anthony McCartney ‏@mccartneyAP 12m
He said that the company paying the doctor “creates an inherent conflict of interest on the part of the physician.”
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Anthony McCartney ‏@mccartneyAP 12m
Berman said he had never heard of a music company hiring a doctor on behalf of an artist. He called it “highly unusual.”
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Anthony McCartney ‏@mccartneyAP 13m
Berman: “Without the artist, you don’t have a record to sell.”
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Anthony McCartney ‏@mccartneyAP 13m
Berman said he believes music industry companies should treat artists like their customers, placing their importance higher than customers.
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Anthony McCartney ‏@mccartneyAP 13m
He said he believes the issues in this case relate to artist relations, not the intricacies of promoting a tour.
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Anthony McCartney ‏@mccartneyAP 13m
Berman testified he believes AEG Live bringing Conrad Murray into “This Is It” tour was a conflict of interest.
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Anthony McCartney ‏@mccartneyAP 14m
Berman said he’s reviewed an “enormous amount of written materials.” They included 26 depositions. He’s being paid $500/hour for his work.
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Anthony McCartney ‏@mccartneyAP 14m
All the biographical material is given to the jury whenever an expert testifies. Berman is testifying for Katherine Jackson’s side.
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Anthony McCartney ‏@mccartneyAP 14m
Berman retired in 2001 and became an expert witness. He said he’s testified in about 38 cases, 60% of times for plaintiffs.
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Anthony McCartney ‏@mccartneyAP 15m
In the late 1990s, Berman left Geffen for Buena Vista Music Group, which is basically the music division for Disney, he told jury.
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Anthony McCartney ‏@mccartneyAP 15m
After that, Berman went to Geffen Records, where he was general counsel and head of business affairs.
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Anthony McCartney ‏@mccartneyAP 15m
He left Capitol Records in 1990, and went back to his old firm, Mitchell Silberberg & Knupp, for about a year.
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Anthony McCartney ‏@mccartneyAP 15m
In 1987, he left Warner Bros. and eventually went to work as the president for Capitol Records
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Anthony McCartney ‏@mccartneyAP 16m
In 1976, he left his law firm and went to work as a vice president for Warner Bros. Records. Eventually promoted to Senior Vice President.
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Anthony McCartney ‏@mccartneyAP 16m
Berman is an attorney and longtime recording executive. He’s been in the business since 1969. He started out as an attorney.
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Anthony McCartney ‏@mccartneyAP 16m
Berman is the first new witness in nearly two weeks.
The following updates come from the morning session.
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Anthony McCartney ‏@mccartneyAP 17m
We're on the afternoon break in Jackson vs AEG Live. Expert witness David Berman remains on the stand.
Will have a few updates now...
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Anthony McCartney ‏@mccartneyAP 3h
We’re on a lunch break in Jackson vs. AEG Live case. No Jackson family members are in court today.
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Anthony McCartney ‏@mccartneyAP 3h
Expert: AEG Live's involvement with Michael Jackson's doctor a conflict of interest.
Story link: http://yhoo.it/10r5xDd

 

[ivy]

Anthony McCartney ‏@mccartneyAP 12m
I'll be back in court tomorrow morning with resumption of testimony at 10 a.m.
Our story is here: http://yhoo.it/10r5xDd
View summary Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 13m
It also looks like there will be some video testimony this week from Dr. Stuart Finklestein and possibly former AEG CEO Tim Leiweke.
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Anthony McCartney ‏@mccartneyAP 14m
Plaintiff’s attorney Brian Panish said he expects his case will finish the week of July 8th. #longwaytogo
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Anthony McCartney ‏@mccartneyAP 14m
The judge asked him for more info, but said she’ll likely excuse him from the trial. That would leave 5 alternates in the case.
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Anthony McCartney ‏@mccartneyAP 14m
This juror has been buying property in another city, and said the closing date is at the end of the month.
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Anthony McCartney ‏@mccartneyAP 14m
There were several developments after testimony concluded. One alternate juror is moving, and looks like he’ll be excused.
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Anthony McCartney ‏@mccartneyAP 15m
Berman finished testifying and court will resume tomorrow at 10 a.m.
The next witness will be chef Kai Chase.
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Anthony McCartney ‏@mccartneyAP 16m
... (cont) after Jackson’s death and in an attempt to recoup some costs of the “This Is It” production.
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Anthony McCartney ‏@mccartneyAP 16m
The expert was also asked whether he knew how the Dileo statement came about. Berman said he believed it was entered (cont)
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Anthony McCartney ‏@mccartneyAP 16m
Berman said he didn’t have respect for the new executive. Berman said he asked to have the company either publicly support him, or fire him.
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Anthony McCartney ‏@mccartneyAP 17m
Berman was then asked about his firing from Capitol Records. He explained he was hired by one executive, but another exec took over.
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Anthony McCartney ‏@mccartneyAP 17m
Bloss asked Berman whether he was aware if there was a document authorizing 50 shows for “This Is It.” “Apparently not,” he said.
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Anthony McCartney ‏@mccartneyAP 17m
Strong concluded her questioning, and plaintiff’s attorney Bill Bloss took over again.
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Anthony McCartney ‏@mccartneyAP 17m
Strong asked Berman whether he’d ever looked into the finances of executives he hired. He said if it happened, HR did the checks.
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Anthony McCartney ‏@mccartneyAP 17m
Berman said the statement didn’t deal with the issue that Murray’s contract wasn’t sent to Jackson reps, according to emails shown in court.
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Anthony McCartney ‏@mccartneyAP 18m
Dileo’s statement indicated that AEG Live CEO Randy Phillips objected to hiring Murray, but Jackson wanted him.
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Anthony McCartney ‏@mccartneyAP 18m
Strong then displayed a statement signed by Frank Dileo in July 2009 that stated he was aware of negotiations with Murray.
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Anthony McCartney ‏@mccartneyAP 18m
Berman said he felt it was “extremely unusual” that Murray’s contracts would not have been sent to Jackson’s representatives.
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Anthony McCartney ‏@mccartneyAP 18m
She said Kenny Ortega would have been paid $1m for about five months of work on the tour. He said he didn’t recall details of Ortega’s deal
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Anthony McCartney ‏@mccartneyAP 18m
Strong also challenged Berman on his contention that Murray would have been the highest-paid worker on the “This Is It” tour.
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Anthony McCartney ‏@mccartneyAP 18m
The lawyer asked Berman what would have happened to Murray if Michael Jackson canceled the tour. He said he didn’t know.
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Anthony McCartney ‏@mccartneyAP 19m
Strong noted that Berman hadn’t worked as a concert promoter or producer, nor had he worked on a tour before.
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Anthony McCartney ‏@mccartneyAP 19m
He estimated he spent about 60 hours preparing his opinion on the Jackson vs AEG Live case so far.
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Anthony McCartney ‏@mccartneyAP 19m
Berman has received $25,000 from the plaintiffs, and $5,000 from the defense. Defense had to pay him for his deposition, he said.
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Anthony McCartney ‏@mccartneyAP 19m
Strong then keyed in on Berman’s work as an expert witness. She broke down his payments for the case.
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Anthony McCartney ‏@mccartneyAP 19m
She quickly asked Berman about him being fired from Capitol Records. He said he demanded to be fired.
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Anthony McCartney ‏@mccartneyAP 20m
After about 10 minutes, plaintiff’s attorney Bill Bloss concluded his questioning. AEG defense attorney Sabrina Strong took over.
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Anthony McCartney ‏@mccartneyAP 20m
Berman’s point was that AEG wasn’t qualified to evaluate Dr. Murray’s care of Jackson. They could assess lighting, sound crew, but not a doc
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Anthony McCartney ‏@mccartneyAP 20m
“Well, it’s a pretty glaring example of why AEG inappropriateness,” Berman said. He said they had no experience supervising doctors
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Anthony McCartney ‏@mccartneyAP 20m
Berman was asked about a section where Murray was required to ensure that his services would be “administered professionally”
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Anthony McCartney ‏@mccartneyAP 20m
He started off by showing a copy of Conrad Murray’s “Independent Contractor Agreement.” Berman keyed in on a couple areas.
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Anthony McCartney ‏@mccartneyAP 20m
After the lunch break, plaintiff’s attorney Bill Bloss asked Berman a few questions before wrapping up his examination.
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Anthony McCartney ‏@mccartneyAP 20m
Berman said there would have been nothing inappropriate if Michael Jackson hired his own doctor, but AEG’s involvement made it inappropriate
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Anthony McCartney ‏@mccartneyAP 21m
“He was in financial dire straits,” Berman said. “He did need this gig.” (This refers to Randy Phillips email calling Murray successful.)
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Anthony McCartney ‏@mccartneyAP 22m
AEG Live’s ability to end Murray’s contract if the tour was canceled increased the conflict of interest, Berman said.
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Anthony McCartney ‏@mccartneyAP 22m
It is common that parties in the music industry reach oral agreements, then put the terms into writing, Berman told jurors.
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Anthony McCartney ‏@mccartneyAP 22m
Berman said there were no indications that Murray’s draft contract was sent to Michael Jackson’s representatives, which should have happened
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Anthony McCartney ‏@mccartneyAP 23m
This is a continuation of the morning session testimony of expert witness David Berman, an attorney and a former record executive
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Anthony McCartney ‏@mccartneyAP 23m
Testimony has concluded for the day in Jackson vs AEG Live. A few updates to come now.

 

[ivy]

Record company executive claims Michael Jackson’s doctor lacked supervision
By City News Service, on June 17, 2013, at 2:09 pm
By BILL HETHERMAN

AEG Live created a conflict of interest with its agreement to loan Michael Jackson money to pay Dr. Conrad Murray to be his personal physician during the singer’s planned comeback tour, a retired record company executive testified today.


(Credit: Daniel Lane)
David Berman, a lawyer who has held top positions with such labels as Warner Bros. and Capitol Records, testified on behalf of Katherine Jackson in her wrongful death/negligence case against the promoters of the “This Is It” tour, for which her son was rehearsing at the time of his June 2009 death.

Berman — whose testimony came at the start of the trial’s eighth week –said AEG Live’s decisions regarding Murray were wrong because it put the doctor in a position of having to be loyal to both the company and the singer and thus subject to the inevitable conflicts such an arrangement brings.

“It was more egregious given the facts and circumstances of this case,” Berman testified.

The singer’s 83-year-old mother filed suit in September 2010 on behalf of herself and her late son’s three children, alleging that AEG Live hired Murray to care for the singer and failed to supervise him properly.

AEG Live attorneys maintain that Jackson hired Murray in 2006 as his personal physician and chose him to be his doctor during 50 concert dates at London’s O2 Arena as part of an independent contractor arrangement.

Berman’s testimony was given based on his assumption that AEG Live hired Murray, but that question will be ultimately be a question for the jury.

Both sides agree that Murray ultimately agreed to be paid $150,000 a month in the form of a loan to Jackson, but that the pop star died before the contract was finalized. Murray, a cardiologist, never received any money.

Berman said an email from AEG Live President and CEO Brandon Phillips to “This Is It” tour director Kenny Ortega made it clear that Phillips was aware a potential conflict-of-interest with Murray existed.

In the email, Phillips said Murray was “totally unbiased and ethical,” Berman said.

The remarks suggest that Phillips knew it would be problematical if Murray was instead unethical and biased, the witness said.

“I have a serious problem with that statement,” Berman said.

Murray was convicted in 2011 of involuntary manslaughter in Jackson’s drug overdose death and sentenced to four years in jail. The doctor gave propofol as a sleep aid to the singer, who died in Los Angeles on June 25, 2009, while rehearsing for the sold-out tour.

Berman said he had never heard of a concert promoter agreeing to provide a doctor to an artist at the entertainer’s behest. He said that to avoid the conflict of interest, AEG Live should have told Jackson to hire Murray or whoever else he wanted on his own without any help from the company.

He also said AEG Live should have told Jackson that another doctor known to AEG Live executives could have been hired for less money than Murray.

 

[ivy]

Re: Jacksons vs AEG - Day 31 - June 17 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1h
Strong showed Berman Dr. Murray's Contract Agreement, "Perform the services reasonably requested by Producer."

Strong said it was a mistake
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ABC7 Court News ?@ABC7Courts 1h
"The contract is between AEG Live and Dr. Murray," Berman said, adding that MJ is a third party beneficiary.
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ABC7 Court News ?@ABC7Courts 1h
"Producer shouldn't be engaging the services of doctor," Berman opined, "even if doctor has been treating artist/children for long time."
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ABC7 Court News ?@ABC7Courts 1h
Berman said is an unusual event for concert promoter to be the producer.
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ABC7 Court News ?@ABC7Courts 1h
"I know that AEG never hired a doctor to go on tour with an artist," Berman testified.
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ABC7 Court News ?@ABC7Courts 1h
Strong: You know The Stones tour with a doctor?
Berman: I know that Mr. Trell indicated that
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ABC7 Court News ?@ABC7Courts 1h
Berman said tour doctors are different from artist doctors.
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"It is extremely unusual, it goes beyond unusual," Berman opined.

Strong rebutted: But you never produced a tour?
Berman: No
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Berman said it's his understanding that Dr. Murray was MJ's choice. He said he firmly believes producer should never hire doctor for artist
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Strong: Faye could've cause skin damage on MJ's face?
((One of the jurors looked at Strong very puzzled!))
Berman: Anyone could've hurt MJ
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Strong asked if Berman knows that AEG Live negotiated contract with Karen Faye, make up artist. He said yes, and he had no problem with it.
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Berman said he thinks he knows enough to say that it is not unusual for masseuses to be brought along in a tour.
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"Personal manager in CA cannot perform the functions of a booking agent; personal manager cannot perform function of attorney," Berman said
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"I don't know what'd have happened with Dr. Murray if the show were canceled, I don't have any way of knowing," Berman said.
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Berman said he's aware Dr. Murray performed services for MJ, and maybe for his children, but doesn't know the extent of services.
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Berman opined that if the tour was canceled, it's fair to say that AEG would not want to keep Dr. Murray under contract.
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Strong: It wouldn't matter who canceled the tour, correct?
Berman: There were elements that Dr. Murray had no control whatsoever
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Strong asked Berman if artists have the ability to not perform. He replied they have physical ability, but legal would be breach of contract
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Strong: Dr. Murray was under pressure because he might lose his job?
Berman: I feel he would be concerned about that, yes
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"It was not his best interest to harm MJ, but his interest was also the tour didn't get canceled or postponed," Berman said about Dr. Murray
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"I think Dr. Murray had the right to be concerned about the issue," Berman testified.
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Berman: AEG Live had the ability to terminate the agreement with Dr. Murray should the concert be postponed.
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Berman responded the critical factor with Dr. Murray regarding conflict is knowing in fact that he was to be compensated by AEG and not MJ
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Strong asked if Berman thinks it matters who Dr. Murray believes hired him.
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Strong asked if MJ was the one paying Dr. Murray. Berman said he disagrees with it.
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Strong: You agree here that MJ chose Dr. Murray?
Berman: That's my understanding
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Berman never worked with MJ in a tour. "I was at a party once that he attended, but I was not introduced to him," Berman said.
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AEG Live is primarily concert promoter, Berman explained.
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Berman explained he used real life experience, based value on quality, knowledge and expertise but judge wanted academic and economic method
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Strong: Did you testify outside the area of your expertise?
Berman: No, it had to do with putting a value on starting record label
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Strong asked if Berman has been disqualified previously from testifying. He said the judge disqualified the methodology he used.
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That makes about 60 hours of work on this case, Berman said, recalling about six meeting with attorneys for the plaintiffs.
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Berman gets $500/hour as payment, received about $25,000 from plaintiffs, $5,000 from defendants from when they deposed him.
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Berman has been working with disputes in the industry for about 11 years. As expert witness, he's paid by whomever hires him.
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Strong: Your primary job is working as expert witness since 2001, right?
Berman: Primary job is essentially inaccurate
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Strong asked if the reason he left Capitol Records was because he was fired. "I demanded to be fired, they accepted my request" Berman said.
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Berman said he's inactive member of the CA Bar for 10 years, pay dues but can't practice law until taking continuing education.
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Bloss ended his question at this point. AEG's Sabrina Strong did cross examination of plaintiff's expert witness.
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Bloss asked if AEG should've entered into agreement w/ physician. Berman said no, they have no expertise or experience supervising a doctor
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Berman: They don't know what the problem is, they don't know Dr. Murray is the right doctor, they just don't know what the problem is
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"Take the doctor with you" mention is yet another attempt to control Dr. Murray, Berman said.
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Berman: It indicates that they were concerned and the email from Gongaware to Phillips appears to be attempt to exercise control.
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AEG rejects the proposition regarding the person Mr. Branca suggested and never answered the question of substance abuse, Berman opined.
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Mr. Branca immediately responds saying he has a person he thinks can help, Berman said.
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"This is the first time I'm aware of them reaching out to various MJ advisors, filling them in with the problem they now see," Berman said.
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The chain of email Trouble at the Front shows an attempt to exercise some degree of control, Berman said.
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Berman said AEG doesn't have experience supervising physicians. "That's not their area of expertise."
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Bloss: If Dr. Murray had been hired by MJ would this be necessary?
Berman: It would not have been factually accurate
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"It is indicatative of the fact that they want to control the services of Dr. Murray," Berman opined.
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Phillips said "We want to remind Dr Murray that it's AEG, not MJ, who is paying his salary. We want him 2 understand what's expected of him"
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"He was in dire straits, he did need this gig. He ran the risk of losing further compensation," Berman opined.
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Berman: If contract terminated then agreement terminated with Conrad Murray, giving Dr. Murray even greater conflict.
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Berman said that in addition to insurance, AEG requested that Dr. Murray be in control of MJ's rehearsal schedule.
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Berman said his understanding is that AEG Live had already secured housing in London for Dr. Murray and was included in the UK party tour,
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"As far as AEG is concerned, the contract is concluded and ready for execution," Berman explained the email meant in his opinion.
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Bloss showed email where Ms. Jorrie referred to as final contract between AEG and Dr. Murray.
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Berman said he understands Dennis Hawk, Mr. Branca and Mr. Katz were MJ's attorneys at this point in time.
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Berman thinks it's unreasonable and inappropriate not to include one of the three parties of the agreement in the discussions of the deal.
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Berman: The email shows that nobody from MJ's camp received copy of the draft agreement AEG Live was putting together for Dr. Murray.
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Berman said it's common practice for outside counsel, Kathy Jorrie in this case, to send agreement they're drafting to in house counsel.
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For instance, Berman said MJ's agreement called for 31 shows, it was amended to 50; tour budget was $7.5 million, increased to $30 million
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Berman said it is not unusual in the entertainment business at all to amend contracts without putting the changes in writing.
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Bloss: When does the agreement start?
Berman: Generally speaking, when one party has commenced performing under the oral agreement
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Berman: agreements are commenced and performed by both parties by oral agreement and subsequently put in writing. It's not uncommon at all
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Bloss: May agreements be oral in your industry?
Berman: Of course, it's a common occurrence
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However, Berman opined that AEG inserted themselves in the middle of the deal as an attempt to be in position to control MJ's doctor.
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Berman testified it is not unusual for an artist to hire and bring his own doctor on tour.
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"I think an artist is perfectly entitled to engage any physician he chooses," Berman said.
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"I've never heard of it and, to my knowledge, AEG had not done it before," Berman said about retaining a doctor.
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Berman noted Dr. Murray wrote "I have performed and continue to fulfill my services to the client in good faith" and "as per our agreement"
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Dr. Murray acknowledged he's in agreement with terms of May 8th email, Berman explained, saying he was performing services that day already
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Berman said the amount on budget is consistent with $150k for Dr. Murray for the months of May and June, 2009.
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Bloss showed Berman a tour budget dated May 16, 2009. Berman explained it included $300k for medical management.
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Berman explained it is as if one party was being denied participation in the bind in the terms of the agreement.
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Berman said it was a three party agreement between AEG Live, Dr. Murray and MJ. Berman said emails about the agreement were never sent to MJ
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Berman opined that emails between AEG and Dr. Murray offered more details of the terms of the engagement between AEG Live and Dr. Murray.
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Judge: to the jury, YOU will decide whether Dr. Murray was hired. All the testimony by hiring is made on assumption he was hired (or not)
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Berman said he didn't think this email alone proves AEG hired Dr. Murray.
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"It's indicative of fact that agreement had been reached on behalf of AEG Live that Dr. Murray," Berman explained.
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Bloss showed the email where Paul Gongaware wrote "Done at $150k a month, per MJ."
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Berman expressed AEG was in the process of negotiating and securing an agreement between themselves and Dr. Murray to be MJ's physician.
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Berman said he understands that Mr. Gongaware was the one dealing with Dr. Murray's hiring on behalf of AEG Live.
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Berman: If there was an alternative to Dr. Murray at a fraction of the price, it seems to me that information should've been passed on to MJ
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The expert said AEG was aware of another physician, Dr. Finkelstein, had been willing to take the position as MJ's doctor for $40k a month.
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Berman: Even amount of $150k/month, as agreed, is an exorbitant amount. It's more money than any individual in the tour was getting
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Berman said the fact Dr. Murray wanted $5 million to be engaged as MJ's physician is some kind of red flag, even though it was turned down.
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Bloss: What is personal manager?
Berman: A personal manager is involved in every aspect of the artist's career and the artist's life
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Defendants objected saying Berman has never been a producer, a tour manager or worked for a producer or manager.
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Bloss: Would it be a reasonable practice?
Berman: No
WB: How could conflict be avoided?
DB: By hiring a doctor with no relationship to AEG
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Bloss: Did you ever hear of a music company retaining a physician for an artist whether it was at artist's request or not?
Berman: No
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Bloss: Did you become involved in retaining a physician for any entity?
Berman: No
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"It is my understanding AEG never did anything to check out Dr. Murray," Berman testified, "It shows they were aware of potential conflict
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Phillips recognized the potential of the doctor not being ethical or unbiased, Berman highlighted.
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"The response to me is very telling" Berman explained, saying Phillips was dismissive when he responded lets not become amateur psychiatrist
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Bloss showed Berman the 'Trouble at the Front' email Ortega sent to Phillips saying he didn't think MJ was ready, his physical weakening.
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"It is a more egregioius conflict given the factors in this case," Berman expressed.
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"It creats an inherent conflict of interest," Berman opined. "The physician has obligation to the person treating and the entity paying him"
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"I've never done it, I've never heard it being done" Berman said about hiring doctor "It's my understanding until this time AEG hadn't done"
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Bloss: Do you have opinion if tour producer should hire physician for the artist?
Berman: I believe it's entire inappropriate highly unusual
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"The customer for concert promoter is not the ticket buyer, it is the artist," Berman explained.
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Berman: The essential deal involves the relationship with the artist, what does a concert entity do for, to and with the artist.
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Bloss: Have you been a concert promoter or producer?
Bernam: No
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The tour producer, Berman said, is in charge of physical production of the show, the staging, the lighting, the dancing, the choreography.
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AEG was major promoter, Berman said, explaining concert promoter promotes or markets the concert, secure the venue, ticket sales, tour merch
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Bloss asked if getting paid $500/hr is standard amount. Berman said he knows some experts who charge more, others less.
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Berman said he reviewed 26 depositions, declarations, extraordinary amount of email, pleadings, all that.
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Bloss: What were you provided by attorneys?
Berman: An enormous amount of written material
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Berman said he was contacted by plaintiffs attorneys in December of last year and a meeting was set up.
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Berman has been engaged 38 times to testify in court as an expert witness, 60% of times for plaintiffs, 40% defendants.
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Berman worked with Guns and Roses, Eagles, Peter Gabriel. In Feb 1998 went to Walt Disney to be in charge of Buena Vista Music group.
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Berman then went to Geffen Records as senior executive in charge of business affairs. Became general counsel and supervised business affairs
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Berman worked with Bonnie Raittt, Beastie Boys, Queen, Paul McCartney; left Capitol Records in Sept 89; returned to law firm for the year
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Berman explained 60 to 70% of his practice involved contracts. He became president of Capitol Records, supervised running the record company
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Berman said he did acquisitions with other record companies. He explained the function of music lawyer is the "deal."
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Some of Berman's work included contracts. He went to Warner Brothers, worked with Madonna, Fleetwood Mac, Prince.
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Berman represented artists, negotiated management agreements, worked with Beach Boys Temptations, A&M records, 20th Century Fox, the Doors.
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Berman has been an executive in the music industry for 45 years. He has BA in Business Admin from University of Michigan and JD from Harvard
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New witness: Plaintiffs' retained expert David Berman (industry expert) on stand being questioned by attorney William Bloss.
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Judge: if any of you have discomfort we wil get a cushion or try to do what we can

We were told someone called the fire marshal complaining
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Judge - Jurors before we get started you may noticed .. The Fire Marshal told us we had to change some things
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Jurors chuckled as they settled in new seating. The thick leather chairs are gone replaced by narrower, sleeker chairs, lightly padded
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The inspector said the jurors have to be on the same level. That means they were squeezed together in a tight platform.
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The new seating arrangement is also more confined to the jurors. Some of the alternates had been sitting on chairs below the jury box.
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A seat in the trial is now more precious than ever. The Fire Marshal is restricting the number of reporters to 7 in the small courtroom.
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Katherine Jackson was not in court today. No word on when members of the family will return.
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David Berman lasted all day in the stand. William Bloss, attorney for the Jacksons, did the questioning. Sabrina Strong for AEG crossed.
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Hello from the courthouse in downtown LA. Day 31 of Jackson family vs AEG trial had plaintiff's expert witness in the business testifying.

 

[ivy]

Re: Jacksons vs AEG - Day 31 - June 17 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 7h
That wraps up Day 31 of testimony. We hope to see you all tomorrow! Good night everybody!
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ABC7 Court News ?@ABC7Courts 7h
Panish said he wants to play the entire This Is It movie eventually, with explanation from when/where scenes was recorded.
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Friday: Possibly Karen Faye returns, only morning session
Attorneys ordered back at 9:30 am PT tomorrow
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Tentative for Wednesday is Tim Leiweke, probably via video depo, not live, Panish told judge. They might have a medical expert on Thursday
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Witness for tomorrow: Kai Chase, MJ's personal chef, and maybe Dr. Finkelstein after Chase via video deposition
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Panish said he estimates to be done by the July 8th week, best estimate.
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Outside presence of jury, Alternate 6 said he may not be available after June 28. Judge/attorneys will discuss, indication he may be excused
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Berman was then excused, session adjourned later than normal days. Tomorrow's session begins at 10 am PT.
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As to DiLeo's letter dated May 2, 2009, Strong asked if Berman knows when DiLeo was hired. He said no.
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Strong asked in re-cross if Berman was aware that MJ directed Randy Phillips to deal with Frank DiLeo on his behalf. He said no.
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"I believe this document to be a written document confirming binding oral agreement," Berman said about Dr. Murray's contract.
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Berman said it was a weird letter and inconsistent with DiLeo's declaration, which said he was MJ's rep since March 2009.
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Letter cont'd: Mr. DiLeo has my authorization to conduct business matters on on my behalf only when instructed. Signed by MJ
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Letter on May 2, 2009:
The purpose of this letter is to confirm that I'm appointing Frank DiLeo one of my new representatives & tour manager
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Berman said he believes the DiLeo letter was an attempt to get some MJ representative of some form to retroactively approve the budget.
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"Then I'm fired," Berman said, he insisted in getting fired, it was the only way to get paid off. If he quit, he would've gotten nothing.
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Berman explained he went to his immediate boss and demanded full support of termination.
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Berman said the morale was pretty bad for the company, no one wanted to sign with the company if the president was about to be booted.
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"It was pretty arrogant and naive of me," Berman said. "The word began to go around that the president was going to get fire."
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However, Berman did not have same level of respect for the new global Chief Executive, he said.
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As to the firing of Berman from Capitol Records he explained he was hired by chief executive whom he had immense respect, but ended up fired
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Bloss: Did anybody considered that to be a problem?
Berman: Apparently not
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Berman said MJ's contract required any modification to be done in writing. But addition of shows, budget increase was never written anywhere
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Strong played Berman's depo where he said he couldn't recall any credit check being done

No more questions from Strong, Bloss did re-direct
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Berman said he personally never checked financial background of anyone because it would not have reach his leve it would've been done at RH
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Berman: To the extent it would've been done, it was at the human resources level
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Strong: You never checked financial background of executives you hired in the music industry?
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Berman said that as President at Capitol Records, he was involved in hiring heads of departments, senior executives.
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Berman said Brigitte Seagal was an attorney in the UK working on housing arrangements. He doesn't know if she had any relation with MJ.
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"I'm aware that Mr. DiLeo was aware of Dr. Murray, but don't know whether he was involved in the negotiation of the contract," Berman opined
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Strong asked if Berman was concerned MJ's reps were kept out of the loop. "To the best of my understanding that's what happened" Berman said
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Strong asked Berman about the request for MJ's medical records for insurance purposes. He said it would benefit both AEG and MJ.
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"It was not a problem that the doctor was going to make more, it's an indicative something is out of whack," Berman testified.
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"The red flag is $150,000 a month compared with another doctor asking $40,000," Berman explained.
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Strong asked if Berman knew how much Kenny Ortega was going to make in the tour to say Dr. Murray was getting more money.
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Strong: Do you know doctors make millions a year?
Berman: I know my does
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Strong inquired if Berman was expert in doctor's salaries. "I'm not an expert but I'm aware of another doctor willing to be paid $40k/month"
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"My salary as an expert witness is well in line with other experts," Berman responded, adding he knows several experts who charge much more.
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Strong asked Berman if his testimony should not be believed because he's being paid by the plaintiffs.
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Berman responded: "With all due respect, I'm 69 years old, I'm not working 80 hours a week for anybody."

Some jurors laughed.
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Strong asked if Berman were to work for plaintiffs for 80 hours at rate of $500/hour, he would make $40k/week.
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"There's one document signed by quote representative that I doubt he was a representative," Berman expressed.
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"I know there are no written documents signed by MJ approving increase in production costs," Berman testified.
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Strong: This contract doesn't limit the spending to $7.5 million, correct?
Berman: Correct, I don't have a problem with oral agreements
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Berman testified increasing shows from 31 to 50 wasn't in writing, neither was production cost raised from $7.5 million to more than $30 mil
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Strong argued that Berman's contract must not have included provision saying it had to be fully executed prior to payment.
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Strong: How often do you pay $1.5 mil without a signed contract?
Berman: I have paid probably more than $1.5 mil without executed contract
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"MJ did not sign it," Berman said about Dr. Murray's contract. Neither AEG Live, Strong asked. That's correct, Berman answered.
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"Producer did request Dr. Murray to perform services," Berman said. Shawn Trell, in the audience, shook his head no.