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Michael Jackson tour could have made $1.5 billion, accountant says
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Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 15, 2013, 2:48 p.m.
Michael Jackson would have earned $1.1 billion to $1.5 billion if his ill-fated "This Is It" concerts in London had turned into a worldwide tour, an accountant with decades of experience working with pop music acts testified Monday in downtown Los Angeles.
Jackson had been scheduled to perform 50 shows in London's 02 Arena when he died in June 2009 as he prepared for the comeback tour.
Arthur L. Erk testified as an expert witness for Jackson's mother and three children, who are suing concert promoter and producer AEG Live and two of its executives in the wrongful-death case. Erk based his projections, he said, on AEG budgets, emails from company executives, Jackson's written notes and testimony in the wrongful-death case.
The white-haired Erk, wearing a dark suit and a white shirt, looked the antithesis of the rock world. A certified public accountant in New York, Erk has worked with many rock and rap acts, including Kiss, Britney Spears and Notorious B.I.G.
His projections, sure to be attacked on cross-examination by AEG's lawyers, are the first indication in the trial of damages the jury will be asked to award the Jacksons.
Erk, who described his financial calculation as conservative, said his projections included a 37-month tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, where the singer would not have performed. It also included sales of merchandise and endorsements.
AEG sold 750,000 tickets to Jackson's London concerts in five hours, meaning the equivalent of 1.4% of Great Britain's population bought tickets. Erk said the tickets sold in "record-breaking time. It never happened before, and it still hasn't happened again."
The jury was shown a chart from Billboard magazine of the highest-grossing tours of 2009, led by U2, Madonna and Paul McCartney. Jackson, he said, would have beat them all.
"Michael Jackson was in a class by himself," Erk said. "He was known as the King of Pop. There’s no one who comes close to him."
His projections include the often-extravagant Jackson spending $134,386,236 total over the next 15 years, which took him to age 65 and retirement, Erk said.
His projections did not include CD and songwriting royalties, since Jackson would have received those anyway, said Kevin Boyle, one of the Jackson family's attorneys.
Erk figured that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show would net him $1,127,378,787. If tickets were $200 each, what were described as his "lost economic damages" would total $1,511,182,374.
“Demand was so wild that he probably could have charged more for tickets and still sold out,” Erk said.
Erk pointed to the singer's record sales. "Thriller" sold 65 million copies worldwide, "Bad" 45 million, "Dangerous" 32 million, "Off the Wall" and "HIStory" 20 million and "Invincible" 13 million.
“Looking at it historically, he has a huge fan base," the accountant said.
Although he had only signed a contract for the 50 London concerts, AEG was hopeful Jackson would follow it up with a four-year tour.
AEG Live chief executive Randy Phillips was ecstatic after the astonishingly swift sale of the London tickets, and at the same time worried about the star.
“We could have done 200 plus shows based on demand," he wrote in an email. "Major stars like Coldplay, Akon, Blackeye Peas, etc., want to support. We so underestimated the demand.
"Now I have to get him on stage. Scary!”
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12
Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 15, 2013, 2:48 p.m.
Michael Jackson would have earned $1.1 billion to $1.5 billion if his ill-fated "This Is It" concerts in London had turned into a worldwide tour, an accountant with decades of experience working with pop music acts testified Monday in downtown Los Angeles.
Jackson had been scheduled to perform 50 shows in London's 02 Arena when he died in June 2009 as he prepared for the comeback tour.
Arthur L. Erk testified as an expert witness for Jackson's mother and three children, who are suing concert promoter and producer AEG Live and two of its executives in the wrongful-death case. Erk based his projections, he said, on AEG budgets, emails from company executives, Jackson's written notes and testimony in the wrongful-death case.
The white-haired Erk, wearing a dark suit and a white shirt, looked the antithesis of the rock world. A certified public accountant in New York, Erk has worked with many rock and rap acts, including Kiss, Britney Spears and Notorious B.I.G.
His projections, sure to be attacked on cross-examination by AEG's lawyers, are the first indication in the trial of damages the jury will be asked to award the Jacksons.
Erk, who described his financial calculation as conservative, said his projections included a 37-month tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, where the singer would not have performed. It also included sales of merchandise and endorsements.
AEG sold 750,000 tickets to Jackson's London concerts in five hours, meaning the equivalent of 1.4% of Great Britain's population bought tickets. Erk said the tickets sold in "record-breaking time. It never happened before, and it still hasn't happened again."
The jury was shown a chart from Billboard magazine of the highest-grossing tours of 2009, led by U2, Madonna and Paul McCartney. Jackson, he said, would have beat them all.
"Michael Jackson was in a class by himself," Erk said. "He was known as the King of Pop. There’s no one who comes close to him."
His projections include the often-extravagant Jackson spending $134,386,236 total over the next 15 years, which took him to age 65 and retirement, Erk said.
His projections did not include CD and songwriting royalties, since Jackson would have received those anyway, said Kevin Boyle, one of the Jackson family's attorneys.
Erk figured that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show would net him $1,127,378,787. If tickets were $200 each, what were described as his "lost economic damages" would total $1,511,182,374.
“Demand was so wild that he probably could have charged more for tickets and still sold out,” Erk said.
Erk pointed to the singer's record sales. "Thriller" sold 65 million copies worldwide, "Bad" 45 million, "Dangerous" 32 million, "Off the Wall" and "HIStory" 20 million and "Invincible" 13 million.
“Looking at it historically, he has a huge fan base," the accountant said.
Although he had only signed a contract for the 50 London concerts, AEG was hopeful Jackson would follow it up with a four-year tour.
AEG Live chief executive Randy Phillips was ecstatic after the astonishingly swift sale of the London tickets, and at the same time worried about the star.
“We could have done 200 plus shows based on demand," he wrote in an email. "Major stars like Coldplay, Akon, Blackeye Peas, etc., want to support. We so underestimated the demand.
"Now I have to get him on stage. Scary!”
updated AP
Expert: Jackson would have earned $1B on comeback
LikeDislike
FILE - In this March 5, 2009 file photo, US singer Michael Jackson announces that he is set to play ten live concerts at the London O2 Arena in July, which he announced at a press conference at the London O2 Arena. Jurors heard “This Is It” Director Kenny Ortega recount Jackson’s brilliance and frailties during an emotional testimony in Los Angeles on Wednesday, July 10, 2013, in a case filed by Jackson’s mother Katherine Jackson, against concert promoter AEG Live LLC. (AP Photo/Joel Ryan, File).
View gallery
.
Associated Press ANTHONY McCARTNEY 7 minutes ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) — Michael Jackson could have earned $1.1 billion or more if he had performed a worldwide concert tour and created a Las Vegas show before his death, an accounting expert familiar with the singer's earning potential told jurors Monday.
Arthur Erk, a certified public accountant who conducts royalty audits for musicians, told jurors that Jackson might have earned $1.5 billion for the shows if he had charged higher ticket prices during later shows on the "This Is It" tour.
Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour.
AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis.
"He needed to work," Erk said.
His testimony was meant to show jurors the superstar's earning potential in the case brought by Jackson's mother against concert promoter AEG Live LLC.
Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have embarked on a lengthy tour.
."
View gallery
FILE - In this Dec. 8, 1996 file photo, Michael Jackson …
FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of …
On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Erk's figures also account for an estimated $134 million the singer would have likely spent before retiring from show business at age 65, Erk said. He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential.
Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s.
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Erk said Jackson contemplated doing a Las Vegas show based on his music and archival footage that would have generated new royalties for the singer. He estimated the show would last 10 years.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega. Erk will not offer any estimates on how much Jackson may have earned if he had a successful film career.
Erk is testifying as an expert witness. The accountant also performed royalty audits on companies that released Jackson's music during the height of his popularity in the 1980s, he said.
Expert: Jackson would have earned $1B on comeback
LikeDislike
FILE - In this March 5, 2009 file photo, US singer Michael Jackson announces that he is set to play ten live concerts at the London O2 Arena in July, which he announced at a press conference at the London O2 Arena. Jurors heard “This Is It” Director Kenny Ortega recount Jackson’s brilliance and frailties during an emotional testimony in Los Angeles on Wednesday, July 10, 2013, in a case filed by Jackson’s mother Katherine Jackson, against concert promoter AEG Live LLC. (AP Photo/Joel Ryan, File).
View gallery
.
Associated Press ANTHONY McCARTNEY 7 minutes ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) — Michael Jackson could have earned $1.1 billion or more if he had performed a worldwide concert tour and created a Las Vegas show before his death, an accounting expert familiar with the singer's earning potential told jurors Monday.
Arthur Erk, a certified public accountant who conducts royalty audits for musicians, told jurors that Jackson might have earned $1.5 billion for the shows if he had charged higher ticket prices during later shows on the "This Is It" tour.
Erk said he was using conservative estimates to figure Jackson's earning potential if he had lived for several more years, completed a worldwide tour and created a Las Vegas show based on his music. The estimates took into account endorsements and royalties that Jackson could have earned and are heavily dependent on the idea that Jackson would have performed a 37-month, 260-concert world tour.
AEG Live defense attorney Sabrina Strong questioned Erk's assumption during cross-examination because Jackson had never completed a tour that long and hadn't performed a tour in more than a decade. Strong also questioned Erk about three instances where Jackson got into legal disputes over canceled performances, but the accountant said those didn't factor into his analysis.
"He needed to work," Erk said.
His testimony was meant to show jurors the superstar's earning potential in the case brought by Jackson's mother against concert promoter AEG Live LLC.
Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have embarked on a lengthy tour.
."
View gallery
FILE - In this Dec. 8, 1996 file photo, Michael Jackson …
FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of …
On the video, she said she was surprised when her son announced the "This Is It" shows in London. "He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Erk's figures also account for an estimated $134 million the singer would have likely spent before retiring from show business at age 65, Erk said. He said he did not consider the fact that Jackson was an estimated $400 million in debt when he died as a factor in his future earning potential.
Strong also questioned why Erk didn't take into account Jackson's lavish spending, which the lawyer said another witness testified in deposition consisted of $435,000 spent over two months on hotel and airfare in the early 2000s.
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Erk said Jackson contemplated doing a Las Vegas show based on his music and archival footage that would have generated new royalties for the singer. He estimated the show would last 10 years.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega. Erk will not offer any estimates on how much Jackson may have earned if he had a successful film career.
Erk is testifying as an expert witness. The accountant also performed royalty audits on companies that released Jackson's music during the height of his popularity in the 1980s, he said.
ABC7 Court News ‏@ABC7Courts 27m
Tier 1 are top artists: U2, Madonna, Bruce Springsteen, Bon Jovi, Erk said. “MJ is in a class of his own, King of Pop, no one came close."
Expand Reply Retweet Favorite More
ABC7 Court News ‏@ABC7Courts 31m
Erk explained that Tier 1 is what is reasonably assured MJ would've done, no speculation, very conservative estimate.
Expand
ABC7 Court News ‏@ABC7Courts 31m
Erk said MJ's albums did “quite fantastically” worldwide, sales doubled and tripled around the world.
Expand
ABC7 Court News ‏@ABC7Courts 32m
Erk said he didn't consider MJ's past tour attendance since MJ said This Is It, it was going 2 be his final tour; he adjusted the projection
Expand
ABC7 Court News ‏@ABC7Courts 34m
He estimated the actual seat projection to be 12.9 million, out of 5.9 billion people, would generate MJ revenue of $452,155,095.
Expand
ABC7 Court News ‏@ABC7Courts 36m
Erk showed chart w/ projections of seats they figured would be sold for MJ touring in Great Britain, Central Europe, Asia, Australia and US.
Expand
ABC7 Court News ‏@ABC7Courts 38m
Panish: How do you assess ticket prices?
Erk: We took the top 5 grossing tours and took average ticket price.
Expand
ABC7 Court News ‏@ABC7Courts 39m
O2 arena has 20K seat capacity. They sold 750K tickets for 50 shows. Erk said 1.4% of Great Britain's population bought tickets for the show
Expand
ABC7 Court News ‏@ABC7Courts 40m
Erk said AEG determined what the gross revenue would be 4 tickets, estimated merchandise sales 4 shows based on 30 shows originally, not 50
Expand
ABC7 Court News ‏@ABC7Courts 41m
AEG prepared budgets. One was at $1.45 exchange rate and another at $1.65, since they used British pounds.
Expand
ABC7 Court News ‏@ABC7Courts 42m
Erk used several emails from Randy Phillips to show AEG's plans for future tours. In one, Phillips said MJ sold 750K tickets in 5 hours.
Expand
ABC7 Court News ‏@ABC7Courts 43m
Panish: When you say conservative analysis, why?
Erk: Because I used AEG’s budget numbers that I translated.
Expand
ABC7 Court News ‏@ABC7Courts 43m
Erk assessed a numerical value for possible losses based on extremely conservative estimates.
Expand
ABC7 Court News ‏@ABC7Courts 43m
The expert said he saw evidence MJ wanted to do shows in Las Vegas and had intention to record future music.
Expand
ABC7 Court News ‏@ABC7Courts 44m
He read emails of AEG's plans, budgets, handwritten notes of MJ's; read Ortega's testimony whether MJ would be successful in film industry.
Expand
ABC7 Court News ‏@ABC7Courts 48m
Erk reviewed depositions, AEG contract w/ MJ, picture/development deal that MJ signed w/ AEG, trial testimony, Ortega and Faye's contract
Expand
ABC7 Court News ‏@ABC7Courts 49m
He said Bravado is largest merchandising outfit company. Erk examined AEG's budget, which initially called for 30 "This Is It" shows.
Expand
ABC7 Court News ‏@ABC7Courts 49m
Erk described his experience in the business. He's worked with lots of artists, intellectual property, business management, royalties.
Expand
ABC7 Court News ‏@ABC7Courts 50m
Erk also calculated that MJ would've done a thematic show and would've earned additional royalties on “grand rights.”
Expand
ABC7 Court News ‏@ABC7Courts 51m
He assessed areas of touring, the movie was going out on tour, merchandise (t-shits, hats), endorsements (ads, might get signage at arena.)
Expand
ABC7 Court News ‏@ABC7Courts 51m
The longer you live the longer the copyright goes, Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 52m
Panish: When someone dies, what happens?
Erk: The average male recording is 75 years. MJ lost 25 years of copyright income.
Expand
ABC7 Court News ‏@ABC7Courts 53m
The deal got done without that song. Erk said MJ was smart enough to keep his own copyrights.
Expand
ABC7 Court News ‏@ABC7Courts 56m
Erk: We valued catalogue at 40 million. He assessed at 49MM, also didn't want 2 give up Penny Lane because he had family member w/ that name
Expand
ABC7 Court News ‏@ABC7Courts 58m
Erk: It was our job to go to Robert Holmes a Court, Australian billionaire who owned the catalogue. It was a testing of wills.
Expand
ABC7 Court News ‏@ABC7Courts 59m
"We call it net publishers share, that is amount publisher is left after paying all co-writers and everyone else," Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 59m
When MJ’s manager John Branca was pursuing the Beatles catalogue, with 4,000 songs, Erk was hired to determine the value.
Expand
ABC7 Court News ‏@ABC7Courts 1h
“When you have that many sales, there is usually money there, that means they didn’t pay according to the contract," Erk explained.
Expand
ABC7 Court News ‏@ABC7Courts 1h
The expert has done royalty work for Jackson in mid-80’s. In 1983, he did it for "Thriller," one of the largest selling albums of all time.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Erk said he charges normally hour rate of $475. He has worked in a little over 200 hours on this case.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Erk explained that to be a Gold album, it must sell 500,000 copies, Platinum is one million and Diamond is 10 million sales.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Panish asked if Erk knows some of MJ's #1 songs. He responded Beat It, Billie Jan, Man in the Middle, Heal the World, Can’t Stop Loving You.
Expand
ABC7 Court News ‏@ABC7Courts 1h
"MJ was a tried and tested songwriter and artist from the time he was 5," Erk explained saying he differed from other artists who have died.
Expand
ABC7 Court News ‏@ABC7Courts 1h
As Business evolved, biz managers became more savvy, writers wouldn't give up 100% of copyright, would sell 50% still get co-publishing deal
Expand
ABC7 Court News ‏@ABC7Courts 1h
Used to be songwriter gives up right and becomes a member of staff, Erk explained.
Expand
ABC7 Court News ‏@ABC7Courts 1h
In Film, there's synchronization license to get the right to hear the song in the film. It requires a world wide license.
Expand
ABC7 Court News ‏@ABC7Courts 1h
In a Print, Folio (printed song material) a songwriter gets 10% of price, Erk testified.
Expand
ABC7 Court News ‏@ABC7Courts 1h
He explained the formula radio stations use to calculate and collect over the air royalties
Expand
ABC7 Court News ‏@ABC7Courts 1h
The publisher gets 50 cents for every song and artist gets 50 cents, Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Twitter jail!!!! Reached the limit, but barely started... Lets try now again
Expand
ABC7 Court News ‏@ABC7Courts 4h
Erk: For artist to release song must go to publisher of songwriter or major publishing company to exploit this particular songwriter's song.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Royalty calculations have not change, he said, only distribution. Technology advances have changed the industry, Erk testified.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Use license exists whether it is artist on internet who is not signed by a record label or record company, Erk explained.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Songwriter completes a song, Erk said. A self-published individual will write notes and lyrics, sends to copyright office in Washington D.C.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Erk explained business management, paying bills, intellectual property. A master recording is when artist records trak in studio, Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Side note: Judge Yvette Palazuelos got a hair cut.
Katherine Jackson was in court for the morning session, but not for the afternoon.
Expand
ABC7 Court News ‏@ABC7Courts 4h
Hello everyone. Day 48 of Jackson family vs AEG trial has just concluded. Plaintiffs' expert witness Arthur Erk was back on the stand.
Tier 1 are top artists: U2, Madonna, Bruce Springsteen, Bon Jovi, Erk said. “MJ is in a class of his own, King of Pop, no one came close."
Expand Reply Retweet Favorite More
ABC7 Court News ‏@ABC7Courts 31m
Erk explained that Tier 1 is what is reasonably assured MJ would've done, no speculation, very conservative estimate.
Expand
ABC7 Court News ‏@ABC7Courts 31m
Erk said MJ's albums did “quite fantastically” worldwide, sales doubled and tripled around the world.
Expand
ABC7 Court News ‏@ABC7Courts 32m
Erk said he didn't consider MJ's past tour attendance since MJ said This Is It, it was going 2 be his final tour; he adjusted the projection
Expand
ABC7 Court News ‏@ABC7Courts 34m
He estimated the actual seat projection to be 12.9 million, out of 5.9 billion people, would generate MJ revenue of $452,155,095.
Expand
ABC7 Court News ‏@ABC7Courts 36m
Erk showed chart w/ projections of seats they figured would be sold for MJ touring in Great Britain, Central Europe, Asia, Australia and US.
Expand
ABC7 Court News ‏@ABC7Courts 38m
Panish: How do you assess ticket prices?
Erk: We took the top 5 grossing tours and took average ticket price.
Expand
ABC7 Court News ‏@ABC7Courts 39m
O2 arena has 20K seat capacity. They sold 750K tickets for 50 shows. Erk said 1.4% of Great Britain's population bought tickets for the show
Expand
ABC7 Court News ‏@ABC7Courts 40m
Erk said AEG determined what the gross revenue would be 4 tickets, estimated merchandise sales 4 shows based on 30 shows originally, not 50
Expand
ABC7 Court News ‏@ABC7Courts 41m
AEG prepared budgets. One was at $1.45 exchange rate and another at $1.65, since they used British pounds.
Expand
ABC7 Court News ‏@ABC7Courts 42m
Erk used several emails from Randy Phillips to show AEG's plans for future tours. In one, Phillips said MJ sold 750K tickets in 5 hours.
Expand
ABC7 Court News ‏@ABC7Courts 43m
Panish: When you say conservative analysis, why?
Erk: Because I used AEG’s budget numbers that I translated.
Expand
ABC7 Court News ‏@ABC7Courts 43m
Erk assessed a numerical value for possible losses based on extremely conservative estimates.
Expand
ABC7 Court News ‏@ABC7Courts 43m
The expert said he saw evidence MJ wanted to do shows in Las Vegas and had intention to record future music.
Expand
ABC7 Court News ‏@ABC7Courts 44m
He read emails of AEG's plans, budgets, handwritten notes of MJ's; read Ortega's testimony whether MJ would be successful in film industry.
Expand
ABC7 Court News ‏@ABC7Courts 48m
Erk reviewed depositions, AEG contract w/ MJ, picture/development deal that MJ signed w/ AEG, trial testimony, Ortega and Faye's contract
Expand
ABC7 Court News ‏@ABC7Courts 49m
He said Bravado is largest merchandising outfit company. Erk examined AEG's budget, which initially called for 30 "This Is It" shows.
Expand
ABC7 Court News ‏@ABC7Courts 49m
Erk described his experience in the business. He's worked with lots of artists, intellectual property, business management, royalties.
Expand
ABC7 Court News ‏@ABC7Courts 50m
Erk also calculated that MJ would've done a thematic show and would've earned additional royalties on “grand rights.”
Expand
ABC7 Court News ‏@ABC7Courts 51m
He assessed areas of touring, the movie was going out on tour, merchandise (t-shits, hats), endorsements (ads, might get signage at arena.)
Expand
ABC7 Court News ‏@ABC7Courts 51m
The longer you live the longer the copyright goes, Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 52m
Panish: When someone dies, what happens?
Erk: The average male recording is 75 years. MJ lost 25 years of copyright income.
Expand
ABC7 Court News ‏@ABC7Courts 53m
The deal got done without that song. Erk said MJ was smart enough to keep his own copyrights.
Expand
ABC7 Court News ‏@ABC7Courts 56m
Erk: We valued catalogue at 40 million. He assessed at 49MM, also didn't want 2 give up Penny Lane because he had family member w/ that name
Expand
ABC7 Court News ‏@ABC7Courts 58m
Erk: It was our job to go to Robert Holmes a Court, Australian billionaire who owned the catalogue. It was a testing of wills.
Expand
ABC7 Court News ‏@ABC7Courts 59m
"We call it net publishers share, that is amount publisher is left after paying all co-writers and everyone else," Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 59m
When MJ’s manager John Branca was pursuing the Beatles catalogue, with 4,000 songs, Erk was hired to determine the value.
Expand
ABC7 Court News ‏@ABC7Courts 1h
“When you have that many sales, there is usually money there, that means they didn’t pay according to the contract," Erk explained.
Expand
ABC7 Court News ‏@ABC7Courts 1h
The expert has done royalty work for Jackson in mid-80’s. In 1983, he did it for "Thriller," one of the largest selling albums of all time.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Erk said he charges normally hour rate of $475. He has worked in a little over 200 hours on this case.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Erk explained that to be a Gold album, it must sell 500,000 copies, Platinum is one million and Diamond is 10 million sales.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Panish asked if Erk knows some of MJ's #1 songs. He responded Beat It, Billie Jan, Man in the Middle, Heal the World, Can’t Stop Loving You.
Expand
ABC7 Court News ‏@ABC7Courts 1h
"MJ was a tried and tested songwriter and artist from the time he was 5," Erk explained saying he differed from other artists who have died.
Expand
ABC7 Court News ‏@ABC7Courts 1h
As Business evolved, biz managers became more savvy, writers wouldn't give up 100% of copyright, would sell 50% still get co-publishing deal
Expand
ABC7 Court News ‏@ABC7Courts 1h
Used to be songwriter gives up right and becomes a member of staff, Erk explained.
Expand
ABC7 Court News ‏@ABC7Courts 1h
In Film, there's synchronization license to get the right to hear the song in the film. It requires a world wide license.
Expand
ABC7 Court News ‏@ABC7Courts 1h
In a Print, Folio (printed song material) a songwriter gets 10% of price, Erk testified.
Expand
ABC7 Court News ‏@ABC7Courts 1h
He explained the formula radio stations use to calculate and collect over the air royalties
Expand
ABC7 Court News ‏@ABC7Courts 1h
The publisher gets 50 cents for every song and artist gets 50 cents, Erk said.
Expand
ABC7 Court News ‏@ABC7Courts 1h
Twitter jail!!!! Reached the limit, but barely started... Lets try now again
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ABC7 Court News ‏@ABC7Courts 4h
Erk: For artist to release song must go to publisher of songwriter or major publishing company to exploit this particular songwriter's song.
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ABC7 Court News ‏@ABC7Courts 4h
Royalty calculations have not change, he said, only distribution. Technology advances have changed the industry, Erk testified.
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ABC7 Court News ‏@ABC7Courts 4h
Use license exists whether it is artist on internet who is not signed by a record label or record company, Erk explained.
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ABC7 Court News ‏@ABC7Courts 4h
Songwriter completes a song, Erk said. A self-published individual will write notes and lyrics, sends to copyright office in Washington D.C.
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ABC7 Court News ‏@ABC7Courts 4h
Erk explained business management, paying bills, intellectual property. A master recording is when artist records trak in studio, Erk said.
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ABC7 Court News ‏@ABC7Courts 4h
Side note: Judge Yvette Palazuelos got a hair cut.
Katherine Jackson was in court for the morning session, but not for the afternoon.
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ABC7 Court News ‏@ABC7Courts 4h
Hello everyone. Day 48 of Jackson family vs AEG trial has just concluded. Plaintiffs' expert witness Arthur Erk was back on the stand.
Re: Jacksons vs AEG - Day 48- July 15 2013 - News Only (no discussion)
ABC7 Court News ?@ABC7Courts 6h
Judge told defendants' attorneys to be prepared to start their case in chief on Monday.
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ABC7 Court News ?@ABC7Courts 6h
Panish said he will try to finish this week. Witnesses to come: Erk, an economist, Dr. Brown, Katherine Jackson and maybe Tom Barrack.
Expand
ABC7 Court News ?@ABC7Courts 6h
Judge said mid-September has school starting, "it is just the nature of the beast."
Expand
ABC7 Court News ?@ABC7Courts 6h
Apparently in August and September, there will be a lot of days off. There are 3 weeks with only 2 day of session scheduled.
Expand
ABC7 Court News ?@ABC7Courts 6h
Attorneys discussed future calendar, it looks like jurors are having problems and need time off.
Expand
ABC7 Court News ?@ABC7Courts 6h
"I certainly hope it is final judgment," judge said, adding she doesn't want to have to undo anything. More on that tomorrow.
Expand
ABC7 Court News ?@ABC7Courts 6h
Panish asked if he should present all the lawsuits AEG has been a defendant, like the boy who fell and died at Staples Center.
Expand
ABC7 Court News ?@ABC7Courts 6h
After jury left, Panish said he wanted to put on the record that AEG didn't know if the $5.3 million judgement was ever reversed on appeal.
Expand
ABC7 Court News ?@ABC7Courts 6h
Judge adjourned session until 9:30 am tomorrow. Erk is back on the stand, only morning session scheduled for tomorrow.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong also said MJ spent $435,000 on air fare and hotels in two months period in early 2000s.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong said there's testimony MJ was a heavy traveler, used charter planes and stayed at the finest hotels, would take over entire wings.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk relied on a memo to come up with MJ's monthly consumption. It has handwritten notes amounting to $570k.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Mr Erk, are you aware Mr. Jackson generally spent more than $570K a month to live between Jan 2000-June 2009?
Erk: I don't know that
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong asked if Erk's opinion was based on pure speculation. Erk said it was not speculative, he had reasonable assurance MJ would perform.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong played KJ's deposition. She said he was a bit surprised with MJ going on tour since MJ didn't want to do Moonwalk on stage at 50.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he didn't consider the fact MJ didn't tour/perform in 12 years or Prince's testimony that his father didn't want to tour anymore.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Did you take into account any of his prior failed projects?
Erk: No. He needed to work
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong laid out several lawsuits MJ had for failing to perform. Erk said he had not reviewed any of the prior lawsuits.
Expand
ABC7 Court News ?@ABC7Courts 6h
There was $5.3 million in judgment for breaching contract. Erk said he didn't even know about this judgment, didn't use it in his opinion.
Expand
ABC7 Court News ?@ABC7Courts 6h
"Did Mr. Jackson break the Jan. 14, 1999 contract by failing to perform the Millennium Concerts?" Jury answered "Yes."
Expand
ABC7 Court News ?@ABC7Courts 6h
Marcel Avram was the promoter. "And he also spent some time in jail," Erk said. Strong showed a judgment Avram v MJ for breach of contract.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong asked Erk if he knew MJ was ordered to pay $5 million in breach of contract for backing out of the Millennium Concerts.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he would not have changed his opinion if he knew MJ was using Propofol.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he didn't consider MJ's use of Propofol, drug abuse. "I'm not aware he was a drug abuser" Erk said; didn't review medical record.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Did not consider MJ was taking Demerol in a regular basis?
Erk: No, I did not
Expand
ABC7 Court News ?@ABC7Courts 6h
For his projections, Erk assumed MJ was in good health.
Expand
ABC7 Court News ?@ABC7Courts 6h
"Had he lived, I believe he would've performed the shows," Erk testified. "I believe had he lived he would've taken the stage."
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he had triple fusion surgery just before giving deposition.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said TII sold 750K tickets in 5 hours, 525K people waiting to buy tickets. "Never done before, never done again," Erk testified.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: At the time MJ passed away, TII was expected to be 50 shows, correct?
Erk: First leg, yes
Expand
ABC7 Court News ?@ABC7Courts 6h
"The show was called This-Is-It, he was going to blow it out," Erk said, adding MJ planned on earning as much money as he could.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: 4 more tours, until age 66, was my professional opinion.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong: Had MJ not died in 2009, you estimate he would've gone on tour 3 more years, 4 more tours after that until age 66, correct?
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk's firm has spent 650-700 hours for total efforts of all the employees in the company, including his 200 hours, in this case.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk never met Michael Jackson. Strong asked if Erk had personal conversation with MJ about his future plans. He said no.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: I relied of what should've been an expert, AEG's numbers.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong questioned Erk's expertise in tours, endorsements, merchandising, Las Vegas shows.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong said Erk estimated MJ would do 260 shows for TII tour, plus 4 more tours after that. She asked if that wasn't too much. He said no.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk testified he prepared tour budget before. But in his deposition, Erk said tour budget was not part of his responsibilities.
Expand
ABC7 Court News ?@ABC7Courts 7h
Largely, Erk said he made estimations based on touring, but he is not a tour manager.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he spends half of his time doing business management and other half of royalty compliance.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish then announced he concluded his direct examination. AEG's attorney Sabrina Strong did the cross examination.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk calculated 4 more tours through 2024. Projected Income to MJ -- Merchandise $79,407,278.
Expand
ABC7 Court News ?@ABC7Courts 7h
Tier 2 is future touring. $373,985, 179 -- total projected economic damages for Tier 2, including merchandising.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk did not calculate how much money MJ could earn making movies. He said he thought it was best left for the jury to decide.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish asked if Erk is familiar w/ artists saying this is it and returning to tour. "Not to me personally, but I've seen in the public eye."
Expand
ABC7 Court News ?@ABC7Courts 7h
"I think their opinion is that there would be no loss of future income," Erk said about AEG economist and accountant expert. Erk disagrees.
Expand
ABC7 Court News ?@ABC7Courts 7h
Future Loss Minus Professional Fees: 10% fee -- Range from $1.014 billion to $1.764 billion; 20% fee -- range $901,600,000 to $1.568 billion
Expand
ABC7 Court News ?@ABC7Courts 7h
Professional fees: entertainment attorney, business manager and personal manager. Erk calculated MJ would have 20% expense in fees.
Expand
ABC7 Court News ?@ABC7Courts 7h
Future Loss: For 37 months $1.127 billion - $1.511 billion; For 48 months $1.462 billion - $1.96 billion.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said the calculation in Tier 1 was based on things MJ was reasonably assured of doing. "I tried to err on the low side."
Expand
ABC7 Court News ?@ABC7Courts 7h
Royalties, for use of music, would pay 5% of box office: $102 million total.
Expand
ABC7 Court News ?@ABC7Courts 7h
Projected Income to MJ - Vegas: $269 million. That was for Vegas show after MJ died, where MJ did not have to perform.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he could not compare Beyonce with MJ. "He was the King of Pop," Erk explained. "There was no other like him."
Expand
ABC7 Court News ?@ABC7Courts 7h
He added $50 million clothing endorsement and came up with $317,354,032.
Expand
ABC7 Court News ?@ABC7Courts 7h
MJ's TII Gross (2009 and 2010) -- $638.976.138 Erk did a calculation based on Beyonce's Pepsi deal and came up with $267,354,032.
Expand
ABC7 Court News ?@ABC7Courts 7h
Beyonce had a Pepsi endorsement deal of $50 million in 2012. Her most recent tour gross revenue was $119,500,000.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk projected MJ do 260 shows, average of 2 per week. He said MJ was much bigger than any other artist.
Expand
ABC7 Court News ?@ABC7Courts 7h
"My belief and perception of AEG executives as well, there's no other artist like Michael Jackson," Erk opined.
Expand
ABC7 Court News ?@ABC7Courts 7h
He said he had MJ on a much reduced tour, period of hiatus, another reduced tour, and decline from there up until he was 65 years old.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk then calculated Tier 2 category, which is for future earnings for business MJ would most likely do.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he's been in the business for more than 34 years. He said artists always go back to do what they are good at.
Expand
ABC7 Court News ?@ABC7Courts 7h
The assessment was based on the price of ticket sales. The estimate of MJ's gain was between $1.127 million and $1.511 million.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk analyzed five categories: Tour, Merchandise, Endorsements, Vegas shows and Vegas royalties.
Expand
ABC7 Court News ?@ABC7Courts 7h
Judge told jurors they might have to have new procedures to protect them, but judge doesn't want to discuss that just yet.
Expand
ABC7 Court News ?@ABC7Courts 7h
She admonished everyone again that no pictures are allowed in the courtroom/courthouse. The windows are now covered, Sheriffs investigating.
Expand
ABC7 Court News ?@ABC7Courts 7h
Outside the presence of jury, Judge Palazuelos told audience that someone took picture of courtroom and/or jury through the courtroom window
Expand
ABC7 Court News ?@ABC7Courts 7h
Total projected income based on $108.18 ticket price: $1,261,745,023
Expand
ABC7 Court News ?@ABC7Courts 7h
Total Projected Economic Damages: $1,511,182,374 billion for MJ's loss of economic earning capacity based on $200 ticket minus MJ's expenses
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: The demand here was so wild, they could probably sell the tickets for a much higher price and still sold out shows.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish asked if the price could've been higher. Erk said AEG did not expect this wild demand.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk calculated MJ's ticket price average of $108.18. "He's the top of the pyramid," the expert opined.
Expand
ABC7 Court News ?@ABC7Courts 7h
Only two artists were sold out for all the shows in 2009: U2 and Madonna. Billy Joel and Elton John almost sold out, Erk said.
Expand
ABC7 Court News ?@ABC7Courts 7h
In the top 25 grossing acts in 2009, Paul McCartney had 10 shows but was 3rd grossing, since he had very expensive tickets and big venues.
Expand
ABC7 Court News ?@ABC7Courts 7h
Billboard is the music industry magazine, which has a top Box Office for concerts.
ABC7 Court News ?@ABC7Courts 6h
Judge told defendants' attorneys to be prepared to start their case in chief on Monday.
Expand Reply Retweet Favorite More
ABC7 Court News ?@ABC7Courts 6h
Panish said he will try to finish this week. Witnesses to come: Erk, an economist, Dr. Brown, Katherine Jackson and maybe Tom Barrack.
Expand
ABC7 Court News ?@ABC7Courts 6h
Judge said mid-September has school starting, "it is just the nature of the beast."
Expand
ABC7 Court News ?@ABC7Courts 6h
Apparently in August and September, there will be a lot of days off. There are 3 weeks with only 2 day of session scheduled.
Expand
ABC7 Court News ?@ABC7Courts 6h
Attorneys discussed future calendar, it looks like jurors are having problems and need time off.
Expand
ABC7 Court News ?@ABC7Courts 6h
"I certainly hope it is final judgment," judge said, adding she doesn't want to have to undo anything. More on that tomorrow.
Expand
ABC7 Court News ?@ABC7Courts 6h
Panish asked if he should present all the lawsuits AEG has been a defendant, like the boy who fell and died at Staples Center.
Expand
ABC7 Court News ?@ABC7Courts 6h
After jury left, Panish said he wanted to put on the record that AEG didn't know if the $5.3 million judgement was ever reversed on appeal.
Expand
ABC7 Court News ?@ABC7Courts 6h
Judge adjourned session until 9:30 am tomorrow. Erk is back on the stand, only morning session scheduled for tomorrow.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong also said MJ spent $435,000 on air fare and hotels in two months period in early 2000s.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong said there's testimony MJ was a heavy traveler, used charter planes and stayed at the finest hotels, would take over entire wings.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk relied on a memo to come up with MJ's monthly consumption. It has handwritten notes amounting to $570k.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Mr Erk, are you aware Mr. Jackson generally spent more than $570K a month to live between Jan 2000-June 2009?
Erk: I don't know that
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong asked if Erk's opinion was based on pure speculation. Erk said it was not speculative, he had reasonable assurance MJ would perform.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong played KJ's deposition. She said he was a bit surprised with MJ going on tour since MJ didn't want to do Moonwalk on stage at 50.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he didn't consider the fact MJ didn't tour/perform in 12 years or Prince's testimony that his father didn't want to tour anymore.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Did you take into account any of his prior failed projects?
Erk: No. He needed to work
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong laid out several lawsuits MJ had for failing to perform. Erk said he had not reviewed any of the prior lawsuits.
Expand
ABC7 Court News ?@ABC7Courts 6h
There was $5.3 million in judgment for breaching contract. Erk said he didn't even know about this judgment, didn't use it in his opinion.
Expand
ABC7 Court News ?@ABC7Courts 6h
"Did Mr. Jackson break the Jan. 14, 1999 contract by failing to perform the Millennium Concerts?" Jury answered "Yes."
Expand
ABC7 Court News ?@ABC7Courts 6h
Marcel Avram was the promoter. "And he also spent some time in jail," Erk said. Strong showed a judgment Avram v MJ for breach of contract.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong asked Erk if he knew MJ was ordered to pay $5 million in breach of contract for backing out of the Millennium Concerts.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he would not have changed his opinion if he knew MJ was using Propofol.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he didn't consider MJ's use of Propofol, drug abuse. "I'm not aware he was a drug abuser" Erk said; didn't review medical record.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: Did not consider MJ was taking Demerol in a regular basis?
Erk: No, I did not
Expand
ABC7 Court News ?@ABC7Courts 6h
For his projections, Erk assumed MJ was in good health.
Expand
ABC7 Court News ?@ABC7Courts 6h
"Had he lived, I believe he would've performed the shows," Erk testified. "I believe had he lived he would've taken the stage."
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said he had triple fusion surgery just before giving deposition.
Expand
ABC7 Court News ?@ABC7Courts 6h
Erk said TII sold 750K tickets in 5 hours, 525K people waiting to buy tickets. "Never done before, never done again," Erk testified.
Expand
ABC7 Court News ?@ABC7Courts 6h
Strong: At the time MJ passed away, TII was expected to be 50 shows, correct?
Erk: First leg, yes
Expand
ABC7 Court News ?@ABC7Courts 6h
"The show was called This-Is-It, he was going to blow it out," Erk said, adding MJ planned on earning as much money as he could.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: 4 more tours, until age 66, was my professional opinion.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong: Had MJ not died in 2009, you estimate he would've gone on tour 3 more years, 4 more tours after that until age 66, correct?
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk's firm has spent 650-700 hours for total efforts of all the employees in the company, including his 200 hours, in this case.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk never met Michael Jackson. Strong asked if Erk had personal conversation with MJ about his future plans. He said no.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: I relied of what should've been an expert, AEG's numbers.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong questioned Erk's expertise in tours, endorsements, merchandising, Las Vegas shows.
Expand
ABC7 Court News ?@ABC7Courts 7h
Strong said Erk estimated MJ would do 260 shows for TII tour, plus 4 more tours after that. She asked if that wasn't too much. He said no.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk testified he prepared tour budget before. But in his deposition, Erk said tour budget was not part of his responsibilities.
Expand
ABC7 Court News ?@ABC7Courts 7h
Largely, Erk said he made estimations based on touring, but he is not a tour manager.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he spends half of his time doing business management and other half of royalty compliance.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish then announced he concluded his direct examination. AEG's attorney Sabrina Strong did the cross examination.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk calculated 4 more tours through 2024. Projected Income to MJ -- Merchandise $79,407,278.
Expand
ABC7 Court News ?@ABC7Courts 7h
Tier 2 is future touring. $373,985, 179 -- total projected economic damages for Tier 2, including merchandising.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk did not calculate how much money MJ could earn making movies. He said he thought it was best left for the jury to decide.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish asked if Erk is familiar w/ artists saying this is it and returning to tour. "Not to me personally, but I've seen in the public eye."
Expand
ABC7 Court News ?@ABC7Courts 7h
"I think their opinion is that there would be no loss of future income," Erk said about AEG economist and accountant expert. Erk disagrees.
Expand
ABC7 Court News ?@ABC7Courts 7h
Future Loss Minus Professional Fees: 10% fee -- Range from $1.014 billion to $1.764 billion; 20% fee -- range $901,600,000 to $1.568 billion
Expand
ABC7 Court News ?@ABC7Courts 7h
Professional fees: entertainment attorney, business manager and personal manager. Erk calculated MJ would have 20% expense in fees.
Expand
ABC7 Court News ?@ABC7Courts 7h
Future Loss: For 37 months $1.127 billion - $1.511 billion; For 48 months $1.462 billion - $1.96 billion.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said the calculation in Tier 1 was based on things MJ was reasonably assured of doing. "I tried to err on the low side."
Expand
ABC7 Court News ?@ABC7Courts 7h
Royalties, for use of music, would pay 5% of box office: $102 million total.
Expand
ABC7 Court News ?@ABC7Courts 7h
Projected Income to MJ - Vegas: $269 million. That was for Vegas show after MJ died, where MJ did not have to perform.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he could not compare Beyonce with MJ. "He was the King of Pop," Erk explained. "There was no other like him."
Expand
ABC7 Court News ?@ABC7Courts 7h
He added $50 million clothing endorsement and came up with $317,354,032.
Expand
ABC7 Court News ?@ABC7Courts 7h
MJ's TII Gross (2009 and 2010) -- $638.976.138 Erk did a calculation based on Beyonce's Pepsi deal and came up with $267,354,032.
Expand
ABC7 Court News ?@ABC7Courts 7h
Beyonce had a Pepsi endorsement deal of $50 million in 2012. Her most recent tour gross revenue was $119,500,000.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk projected MJ do 260 shows, average of 2 per week. He said MJ was much bigger than any other artist.
Expand
ABC7 Court News ?@ABC7Courts 7h
"My belief and perception of AEG executives as well, there's no other artist like Michael Jackson," Erk opined.
Expand
ABC7 Court News ?@ABC7Courts 7h
He said he had MJ on a much reduced tour, period of hiatus, another reduced tour, and decline from there up until he was 65 years old.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk then calculated Tier 2 category, which is for future earnings for business MJ would most likely do.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk said he's been in the business for more than 34 years. He said artists always go back to do what they are good at.
Expand
ABC7 Court News ?@ABC7Courts 7h
The assessment was based on the price of ticket sales. The estimate of MJ's gain was between $1.127 million and $1.511 million.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk analyzed five categories: Tour, Merchandise, Endorsements, Vegas shows and Vegas royalties.
Expand
ABC7 Court News ?@ABC7Courts 7h
Judge told jurors they might have to have new procedures to protect them, but judge doesn't want to discuss that just yet.
Expand
ABC7 Court News ?@ABC7Courts 7h
She admonished everyone again that no pictures are allowed in the courtroom/courthouse. The windows are now covered, Sheriffs investigating.
Expand
ABC7 Court News ?@ABC7Courts 7h
Outside the presence of jury, Judge Palazuelos told audience that someone took picture of courtroom and/or jury through the courtroom window
Expand
ABC7 Court News ?@ABC7Courts 7h
Total projected income based on $108.18 ticket price: $1,261,745,023
Expand
ABC7 Court News ?@ABC7Courts 7h
Total Projected Economic Damages: $1,511,182,374 billion for MJ's loss of economic earning capacity based on $200 ticket minus MJ's expenses
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk: The demand here was so wild, they could probably sell the tickets for a much higher price and still sold out shows.
Expand
ABC7 Court News ?@ABC7Courts 7h
Panish asked if the price could've been higher. Erk said AEG did not expect this wild demand.
Expand
ABC7 Court News ?@ABC7Courts 7h
Erk calculated MJ's ticket price average of $108.18. "He's the top of the pyramid," the expert opined.
Expand
ABC7 Court News ?@ABC7Courts 7h
Only two artists were sold out for all the shows in 2009: U2 and Madonna. Billy Joel and Elton John almost sold out, Erk said.
Expand
ABC7 Court News ?@ABC7Courts 7h
In the top 25 grossing acts in 2009, Paul McCartney had 10 shows but was 3rd grossing, since he had very expensive tickets and big venues.
Expand
ABC7 Court News ?@ABC7Courts 7h
Billboard is the music industry magazine, which has a top Box Office for concerts.
Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 49 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
Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 49 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
Re: Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
AEG attacks projection of $1B earnings for Jackson
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AEG attacks projection of $1B earnings for Jackson.
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FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of his 2-days concert tour in Manila, dubbed as HIStory World tour. Accounting expert Arthur Erk told a jury on Monday, July 15, 2013, that Jackson would have likely earned at least $1.1 billion if he completed a worldwide tour and crafted a Las Vegas show before dying. Erk's testimony in a lawsuit filed by the singer's mother, Katherine Jackson, against concert promoter AEG Live LLC, includes estimates that Jackson would have spent $134 million before retiring from showbiz at age 65. (AP Photo/Pat Roque, File)
Associated Press Anthony Mccartney, AP Entertainment Writer 1 hour ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) -- An expert who projected Michael Jackson could have earned more than $1 billion on his comeback concerts testified Tuesday that his analysis didn't include a breakdown of the singer's yearly earnings over his lifetime and projected a longer concert tour than the superstar had ever performed.
Arthur Erk, a certified public accountant who is an expert in musician's royalties, said his analysis didn't take into account thousands of pages of figures detailing Jackson's spending over the years.
His projection that Jackson would have earned between $1.1 billion and $1.5 billion if he performed a 37-month, 260-show tour and crafted a Las Vegas show came under attack Tuesday by a lawyer for concert promoter AEG Live LLC. He said his figures were a conservative estimate of Jackson's earning potential if he had lived.
Erk is testifying for Jackson's mother in her lawsuit against AEG Live, claiming the company is liable for her son's death because it failed to properly investigate the doctor who administered a fatal overdose of an anesthetic propofol in June 2009. At the time of his death, Jackson was preparing for 50 comeback concerts in London called "This Is It," but there was the possibility the singer would have embarked on a worldwide tour.
The accountant based his calculations on documents prepared by AEG, but on cross-examination conceded that the company never projected the singer would earn more than $1 billion after the "This Is It" shows opened. He said he didn't have information regarding Jackson's earnings over his lifetime.
Erk's estimate contemplated Jackson receiving hundreds of millions of dollars in merchandise, endorsement deals and royalties from a Las Vegas show based on his music and archival footage.
AEG Live attorney Sabrina Strong showed Erk a chart that showed that Jackson's three previous solo tours comprised 275 shows over a 10-year span. She challenged Erk's contention that he was being conservative by projecting Jackson would have performed 260 shows over a three-year period.
Strong also attacked Erk's calculation that Jackson would have spent $134 million between ages 50 and 65. She cited testimony from Jackson's former business managers and accountants in depositions that Jackson was historically outspending his earnings by millions of dollars each year. She questioned why Erk and associates who helped him compile his analysis didn't review tens of thousands of pages that detailed Jackson's spending over the years.
Erk said that wasn't part of his job as a hired expert and he relied on figures about Jackson's monthly spending prepared by the singer's accountant before his death.
"We boiled down what we thought was necessary to do the calculations," Erk said.
Jackson died an estimated $400 million in debt.
AEG attacks projection of $1B earnings for Jackson
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AEG attacks projection of $1B earnings for Jackson.
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FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of his 2-days concert tour in Manila, dubbed as HIStory World tour. Accounting expert Arthur Erk told a jury on Monday, July 15, 2013, that Jackson would have likely earned at least $1.1 billion if he completed a worldwide tour and crafted a Las Vegas show before dying. Erk's testimony in a lawsuit filed by the singer's mother, Katherine Jackson, against concert promoter AEG Live LLC, includes estimates that Jackson would have spent $134 million before retiring from showbiz at age 65. (AP Photo/Pat Roque, File)
Associated Press Anthony Mccartney, AP Entertainment Writer 1 hour ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) -- An expert who projected Michael Jackson could have earned more than $1 billion on his comeback concerts testified Tuesday that his analysis didn't include a breakdown of the singer's yearly earnings over his lifetime and projected a longer concert tour than the superstar had ever performed.
Arthur Erk, a certified public accountant who is an expert in musician's royalties, said his analysis didn't take into account thousands of pages of figures detailing Jackson's spending over the years.
His projection that Jackson would have earned between $1.1 billion and $1.5 billion if he performed a 37-month, 260-show tour and crafted a Las Vegas show came under attack Tuesday by a lawyer for concert promoter AEG Live LLC. He said his figures were a conservative estimate of Jackson's earning potential if he had lived.
Erk is testifying for Jackson's mother in her lawsuit against AEG Live, claiming the company is liable for her son's death because it failed to properly investigate the doctor who administered a fatal overdose of an anesthetic propofol in June 2009. At the time of his death, Jackson was preparing for 50 comeback concerts in London called "This Is It," but there was the possibility the singer would have embarked on a worldwide tour.
The accountant based his calculations on documents prepared by AEG, but on cross-examination conceded that the company never projected the singer would earn more than $1 billion after the "This Is It" shows opened. He said he didn't have information regarding Jackson's earnings over his lifetime.
Erk's estimate contemplated Jackson receiving hundreds of millions of dollars in merchandise, endorsement deals and royalties from a Las Vegas show based on his music and archival footage.
AEG Live attorney Sabrina Strong showed Erk a chart that showed that Jackson's three previous solo tours comprised 275 shows over a 10-year span. She challenged Erk's contention that he was being conservative by projecting Jackson would have performed 260 shows over a three-year period.
Strong also attacked Erk's calculation that Jackson would have spent $134 million between ages 50 and 65. She cited testimony from Jackson's former business managers and accountants in depositions that Jackson was historically outspending his earnings by millions of dollars each year. She questioned why Erk and associates who helped him compile his analysis didn't review tens of thousands of pages that detailed Jackson's spending over the years.
Erk said that wasn't part of his job as a hired expert and he relied on figures about Jackson's monthly spending prepared by the singer's accountant before his death.
"We boiled down what we thought was necessary to do the calculations," Erk said.
Jackson died an estimated $400 million in debt.
Re: Jacksons vs AEG - Day 48- July 15 2013 - News Only (no discussion)
Michael Jackson could have earned $1.5 billion, accountant says
Michael Jackson could have earned more than tours by U2, Madonna or Paul McCartney, says witness in wrongful death case against AEG.
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Pop star Michael Jackson rehearses at Staples Center in Los Angeles in 2009. An accountant testified that the singer could have made $1.5 billion from his comeback tour. (Kevin Mazur / Associated Press / June 23, 2009)
AEG didn't properly check Conrad Murray's background, witness says
AEG didn't properly check Conrad Murray's background, witness says
Jackson trial: Defense gets nanny mixed up with Nancy Grace
Jackson trial: Defense gets nanny mixed up with Nancy Grace
Tour director in tears as he recalls Michael Jackson's decline
Tour director in tears as he recalls Michael Jackson's decline
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By Jeff Gottlieb
July 15, 2013, 10:15 p.m.
Putting a dollar amount to Michael Jackson's death for the first time, an accountant testified Monday that the singer stood to make as much as $1.5 billion if he had pulled off his comeback concerts in London and then taken his show around the globe.
Despite the controversies in Jackson's life, his earning potential remained staggering, said Arthur L. Erk, a certified public accounting from New York. He said Jackson, who died in 2009, would have easily blown past the money earned by the top-grossing tours that year by U2, Madonna and Paul McCartney.
"Michael Jackson was in a class by himself," said Erk, who has worked with music acts like Notorious B.I.G., Britney Spears and KISS. "He was known as the King of Pop. There's no one who comes close to him."
The testimony marked the first time in the 21/2- month wrongful death case that the attorney representing Jackson's mother and children has tipped his hand on what type of money the family might be seeking from AEG Live, the entertainment behemoth that was promoting Jackson's "This Is It" concerts in London. Jackson died while he was rehearsing in Los Angeles for the tour.
Erk, who testified as an expert witness, said he based his projections on AEG budgets, emails from company executives, Jackson's written notes and testimony in the ongoing trial.
On cross-examination, AEG attorney Sabrina Strong attacked Erk's projections, pointing out that Jackson had a history of drug use, had never toured for as long as the CPA anticipated and had been sued in the past for backing out of concerts and other business deals.
Strong played a short portion of the deposition of Katherine Jackson, the singer's mother, in which she said she was surprised when he announced the "This Is It" concert series.
"Because I know Michael didn't want to do any more," she said.
Katherine Jackson said her son joked that he didn't want to moonwalk on stage when he was 50, his age when he died of an overdose of the anesthetic propofol.
Erk said he wasn't aware of those problems but insisted there was plenty of evidence that Jackson would have gone through with the concerts and that AEG executives certainly thought so.
"He needed the work," Erk said, referring to Jackson's financial problems.
The white-haired Erk, who wore a dark suit, a white shirt and a paisley tie, with a mustache curling over his lip, looked the antithesis of the rock world.
He described his financial calculations as being conservative and said his projections included a 37-month, 260-date tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, in which the singer would not have performed. He also added in sales of merchandise and endorsements.
AEG sold 750,000 tickets to Jackson's London concerts in five hours, the equivalent of 1.4% of Britain's population. "We could have done 200-plus shows based on demand," Randy Phillips, AEG Live's chief executive, said in an email shown to the jury that revealed both his joy at the quick sale and his worries about the star.
"We so underestimated the demand. Now I have to get him on stage. Scary!" Phillips said.
Erk said the tickets sold in "record-breaking time. It never happened before, and it still hasn't happened again."
Erk calculated that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show have netted him $1.127 billion. If tickets were $200 each, what were described as his "lost economic damages" would have totaled $1.511 billion.
The accountant also came up with more speculative projections, based on a Phillips email that said, "We have a 4 year plan." In that case, Erk said, Jackson's earnings could have been as much as $1.96 billion.
His more speculative projections had Jackson taking a nearly three-year break after the "This Is It" global tour and then performing in four smaller sets of concerts through 2024, which would have earned him an additional $376 million, including merchandising.
None of the figures take into account the CD and songwriting royalties Jackson would have earned, because he would have received those anyway, said Kevin Boyle, one of the Jackson family's attorney's.
Erk's projections also concluded that the often-extravagant Jackson would have probably spent $134 million in the years leading up to his 65th birthday.
The Jacksons' suit says AEG negligently hired and controlled Dr. Conrad Murray, who administered the propofol. AEG contends that Jackson hired the doctor and that any money the firm was going to pay him was an advance to the singer.
Michael Jackson could have earned $1.5 billion, accountant says
Michael Jackson could have earned more than tours by U2, Madonna or Paul McCartney, says witness in wrongful death case against AEG.
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Michael Jackson
Pop star Michael Jackson rehearses at Staples Center in Los Angeles in 2009. An accountant testified that the singer could have made $1.5 billion from his comeback tour. (Kevin Mazur / Associated Press / June 23, 2009)
AEG didn't properly check Conrad Murray's background, witness says
AEG didn't properly check Conrad Murray's background, witness says
Jackson trial: Defense gets nanny mixed up with Nancy Grace
Jackson trial: Defense gets nanny mixed up with Nancy Grace
Tour director in tears as he recalls Michael Jackson's decline
Tour director in tears as he recalls Michael Jackson's decline
Ads by Google
Diamond Ranch Academy
www.DiamondRanchAcademy.com
Overcome Defiance, Anger, ADD/ADHD, Drug Abuse, ODD, Peer Pressure.
By Jeff Gottlieb
July 15, 2013, 10:15 p.m.
Putting a dollar amount to Michael Jackson's death for the first time, an accountant testified Monday that the singer stood to make as much as $1.5 billion if he had pulled off his comeback concerts in London and then taken his show around the globe.
Despite the controversies in Jackson's life, his earning potential remained staggering, said Arthur L. Erk, a certified public accounting from New York. He said Jackson, who died in 2009, would have easily blown past the money earned by the top-grossing tours that year by U2, Madonna and Paul McCartney.
"Michael Jackson was in a class by himself," said Erk, who has worked with music acts like Notorious B.I.G., Britney Spears and KISS. "He was known as the King of Pop. There's no one who comes close to him."
The testimony marked the first time in the 21/2- month wrongful death case that the attorney representing Jackson's mother and children has tipped his hand on what type of money the family might be seeking from AEG Live, the entertainment behemoth that was promoting Jackson's "This Is It" concerts in London. Jackson died while he was rehearsing in Los Angeles for the tour.
Erk, who testified as an expert witness, said he based his projections on AEG budgets, emails from company executives, Jackson's written notes and testimony in the ongoing trial.
On cross-examination, AEG attorney Sabrina Strong attacked Erk's projections, pointing out that Jackson had a history of drug use, had never toured for as long as the CPA anticipated and had been sued in the past for backing out of concerts and other business deals.
Strong played a short portion of the deposition of Katherine Jackson, the singer's mother, in which she said she was surprised when he announced the "This Is It" concert series.
"Because I know Michael didn't want to do any more," she said.
Katherine Jackson said her son joked that he didn't want to moonwalk on stage when he was 50, his age when he died of an overdose of the anesthetic propofol.
Erk said he wasn't aware of those problems but insisted there was plenty of evidence that Jackson would have gone through with the concerts and that AEG executives certainly thought so.
"He needed the work," Erk said, referring to Jackson's financial problems.
The white-haired Erk, who wore a dark suit, a white shirt and a paisley tie, with a mustache curling over his lip, looked the antithesis of the rock world.
He described his financial calculations as being conservative and said his projections included a 37-month, 260-date tour with the London shows and an average of two concerts a week in Central Europe, Asia, Australia and the U.S. He said he also included a 10-year show in Las Vegas based on Jackson's music, in which the singer would not have performed. He also added in sales of merchandise and endorsements.
AEG sold 750,000 tickets to Jackson's London concerts in five hours, the equivalent of 1.4% of Britain's population. "We could have done 200-plus shows based on demand," Randy Phillips, AEG Live's chief executive, said in an email shown to the jury that revealed both his joy at the quick sale and his worries about the star.
"We so underestimated the demand. Now I have to get him on stage. Scary!" Phillips said.
Erk said the tickets sold in "record-breaking time. It never happened before, and it still hasn't happened again."
Erk calculated that if AEG charged $108 a ticket for the concerts, Jackson's worldwide tour and the Las Vegas show have netted him $1.127 billion. If tickets were $200 each, what were described as his "lost economic damages" would have totaled $1.511 billion.
The accountant also came up with more speculative projections, based on a Phillips email that said, "We have a 4 year plan." In that case, Erk said, Jackson's earnings could have been as much as $1.96 billion.
His more speculative projections had Jackson taking a nearly three-year break after the "This Is It" global tour and then performing in four smaller sets of concerts through 2024, which would have earned him an additional $376 million, including merchandising.
None of the figures take into account the CD and songwriting royalties Jackson would have earned, because he would have received those anyway, said Kevin Boyle, one of the Jackson family's attorney's.
Erk's projections also concluded that the often-extravagant Jackson would have probably spent $134 million in the years leading up to his 65th birthday.
The Jacksons' suit says AEG negligently hired and controlled Dr. Conrad Murray, who administered the propofol. AEG contends that Jackson hired the doctor and that any money the firm was going to pay him was an advance to the singer.
Plan for 3-D 'Thriller' movie, Jackson TV show revealed in court
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Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 16, 2013, 11:28 a.m.
The promoters of Michael Jackson’s highly anticipated comeback concerts were interested in pursuing a 3-D version of a “Thriller” movie and a TV special of one of his sold-out concerts at the O2 arena in London, an accountant testified Tuesday.
Arthur L. Erk, a certified public accountant from New York who has previously worked with musical acts such as Britney Spears and Notorious B.I.G, testified that Jackson’s planned “This Is It” concerts stood to make well over $1 billion if he took his show on a global tour.
Erk said the fact that Jackson had sold out 50 shows at the London venue in just minutes was proof that the pop singer’s marketability remained unmatched.
“It never happened before, and it still hasn't happened again,” said Erk, who calculated that Jackson stood to make as much as $1.5 million if he went on a worldwide tour, as the promoter -- AEG Live -- had hoped.
Erk said that if Jackson had ultimately pulled off a 260-date world tour, envisioned as spanning several years, he could have sold 12.9 million tickets.
The testimony marked the first time in the 2½-month wrongful death case that the attorney representing Jackson's mother and children has tipped his hand on what type of money the family might be seeking from AEG. Jackson died while he was rehearsing in Los Angeles for the planned 2009 tour.
During cross-examination Monday, AEG attorney Sabrina Strong attacked Erk's projections, pointing out that Jackson had a history of drug use, had never toured for as long as the CPA anticipated and had been sued in the past for backing out of concerts and other business deals.
Strong played a short portion of the deposition of Katherine Jackson, the singer's mother, in which she said she was surprised when he announced the "This Is It" concert series.
"Because I know Michael didn't want to do any more," she said.
Katherine Jackson said her son joked that he didn't want to moonwalk on stage when he was 50, his age when he died of an overdose of the anesthetic propofol.
Erk said he wasn't aware of those problems but insisted there was plenty of evidence that Jackson would have gone through with the concerts and that AEG executives certainly thought so.
"He needed the work," Erk said, referring to Jackson's financial problems.
On Tuesday, Erk said that his work wrongful death case has cost $300,000.
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Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 16, 2013, 11:28 a.m.
The promoters of Michael Jackson’s highly anticipated comeback concerts were interested in pursuing a 3-D version of a “Thriller” movie and a TV special of one of his sold-out concerts at the O2 arena in London, an accountant testified Tuesday.
Arthur L. Erk, a certified public accountant from New York who has previously worked with musical acts such as Britney Spears and Notorious B.I.G, testified that Jackson’s planned “This Is It” concerts stood to make well over $1 billion if he took his show on a global tour.
Erk said the fact that Jackson had sold out 50 shows at the London venue in just minutes was proof that the pop singer’s marketability remained unmatched.
“It never happened before, and it still hasn't happened again,” said Erk, who calculated that Jackson stood to make as much as $1.5 million if he went on a worldwide tour, as the promoter -- AEG Live -- had hoped.
Erk said that if Jackson had ultimately pulled off a 260-date world tour, envisioned as spanning several years, he could have sold 12.9 million tickets.
The testimony marked the first time in the 2½-month wrongful death case that the attorney representing Jackson's mother and children has tipped his hand on what type of money the family might be seeking from AEG. Jackson died while he was rehearsing in Los Angeles for the planned 2009 tour.
During cross-examination Monday, AEG attorney Sabrina Strong attacked Erk's projections, pointing out that Jackson had a history of drug use, had never toured for as long as the CPA anticipated and had been sued in the past for backing out of concerts and other business deals.
Strong played a short portion of the deposition of Katherine Jackson, the singer's mother, in which she said she was surprised when he announced the "This Is It" concert series.
"Because I know Michael didn't want to do any more," she said.
Katherine Jackson said her son joked that he didn't want to moonwalk on stage when he was 50, his age when he died of an overdose of the anesthetic propofol.
Erk said he wasn't aware of those problems but insisted there was plenty of evidence that Jackson would have gone through with the concerts and that AEG executives certainly thought so.
"He needed the work," Erk said, referring to Jackson's financial problems.
On Tuesday, Erk said that his work wrongful death case has cost $300,000.
Re: Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
ABC7 Court News ?@ABC7Courts 1m
After that, both attorneys gave us interviews about their views of the case. Watch complete coverage @ABC7 and http://www.abc7.com
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ABC7 Court News ?@ABC7Courts 2m
Both attorneys were shouting to each other, court clerk asked them to knock it off, called sheriffs.
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ABC7 Court News ?@ABC7Courts 2m
After session ended, attorneys for both sides had a heated exchange of words in the hallway when they were talking to media and fans.
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Katherine Jackson will probably be plaintiffs' last witness. It's still unclear when the matriarch will take the stand.
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Jacksons' attorney still wants to finish his case by the end of the week. There's no afternoon session today.
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Judge adjourned session until 9:45 am PT tomorrow. Erk to resume on the stand. Strong estimates another half day of cross, judge gave 2 hrs
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Erk said if there was no negotiation, yes, he would not be able to perform there.
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Strong asked if Erk knew the stadium in Salt Lake City was for sports events only and that MJ would not be able to perform one show there.
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"There are a lot of wealthy people in India," Erk said.
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Strong asked if Erk used the same price for tickets in all shows, in different countries. He said yes, just adjusted inflation.
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MJ never performed at the Rose Bowl, Strong said. Panish objected saying MJ performed at Superbowl half time there and it was sold out.
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Strong: You had MJ selling out Rose Bowl three times?
Erk: Yes
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MJ was on a category of his own, Erk said, he was the King of Pop, could not be compared to any other artist.
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Erk said MJ needed to work, needed the money, so had incentive to perform all shows.
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Strong: You estimated Mj would've sold 100% tickets for all the show?
Erk: Based on the huge, excessive demand, yes
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Strong asked if people had issue w/ MJ dangling a baby over the balcony of hotel. He said for a short time yes, but not to affect attendance
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Erk said he spoke with Prince on Saturday and he said MJ told him they were going to Asia.
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Strong asked if MJ never agreed to do more than 50 shows. Erk said he doesn't know if he agrees with that.
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Erk said he doesn't think the child molestation trial would have any impact on whether people would attend his show.
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Number of tickets sold in "Bad" was close to 4.5 million. "HIStory" tour sold about the same number of tickets, 4.5 million.
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Strong: Just like with the number of shows, MJ never sold anywhere near 13 million tickets, correct?
Erk: Yes
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ABC7 Court News ?@ABC7Courts 11m
Regarding the ticket numbers, Strong said that for the 260 tours, Erk's assumption was that it would sell approximately 13 million tickets.
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"I packed a lot of shows in to go out with a bang," Erk said.
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Strong asked if Erk's projection is inconsistent with MJ's tour history. Erk said the show was called This Is It, his final extravaganza.
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Bad -- $125 million gross. "I can tell you that show was fantastic!," Erk opined on Bad tour.
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Strong: And is that conservative?
Erk: Yes
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Strong: You estimated gross of $1.5 billion for 260 shows and the highest you know MJ ever did was $165K?
Erk: Yes
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Even though HIStory was the highest grossing tour for MJ, he didn't take home any money, according to Paul Gongaware's testimony.
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MJ's highest gross tour is "HIStory" -- $165 million for 82 shows. It ranks number 26 on the highest grossing tours of the all time.
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Strong said Erk calculated MJ would gross in "This Is It" more than 10 times he ever grossed before in a tour.
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Strong: Now you have him in one tour, 12 years later, at age of 50, doing 260 shows?
Erk: Yes
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ABC7 Court News ?@ABC7Courts 18m
HIStory tour, 1996, MJ was 38 years old -- 82 shows. Total of 275 shows if added all together.
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Dangerous tour: began in 1992, MJ was about 33 years old, had 73 shows. Strong said Gongaware testified it was about 70 tours.
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Strong asked Erk if MJ's record high of number of shows was 123 shows for "Bad" tour in 1987 when MJ was 29 years old. He said yes.
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The expert said Randy Phillips, a top AEG Live executive, said in an email they would probably do a four year tour.
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Question to followers: Do you think MJ wanted and/or could have done either 260 shows in 37 months or 338 shows in 48 months?
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Using the simple 30% increase calculation, there would be an additional 78 shows, totaling 338 shows in 48 months.
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Erk said he didn't calculate how many more shows would be required to fulfill a 48 month tour.
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The increase would be based on higher ticket sales and merchandising. He didn't include endorsement, which could be higher too.
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Erk said there was testimony that MJ could've done a 48-month tour, which would increase revenue in approximately 30%.
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Strong questioned Erk about his 260 tours estimates. She reiterated there's no AEG document saying MJ would ever do 260 shows.
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Strong showed Erk's overview of the 260 shows the expert projected MJ would do had he lived, within 37 months.
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Strong: The artist usually had the final decision?
Erk: Yes, they have final say but consult with the professionals that surround them
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Strong said Erk's opinion assumes that MJ would do something he had never done before.
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Erk: In my and my partner's experience, we are very good in judgments. We boiled down what we thought was important for the calculations
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Erk explained he's been doing this for 34 years and it would've taken an untold amount of man hours to go through all the documents.
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Erk said the estimate of cost of his firm's work in this case is $300,000. He didn't review thousands of pages, eliminated all unnecessary.
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Erk said he reviewed documents attached to depositions explaining MJ's yearly earnings and consumption.
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Strong asked if Erk knows how much money MJ earned in 2001, 2002, 2003. He said no and that it had no relevance to his assessment.
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Erk said his job was not to consider whether MJ was going to repay his debts. He was hired to estimate MJ's earning capacity had he lived.
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Strong said $1 billion Erk estimated didn't include repayment of MJ's debts. (Implication is you can't get damages for money to repay debts)
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Strong asked if MJ spent $20 to $30 million a year more than he was earning. Erk said yes.
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Strong: And that doesn't account for million dollars shopping spree?
Erk: I don't call it consumption, I call it fun money
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Strong then said assuming Siegel quit because MJ couldn't control his spending, if that would've affect his consumption numbers. Erk said no
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Strong asked if Erk knows why Siegel quit his job with MJ. Jacksons' attorney objected to the form of question.
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Barry Siegel is one of MJ's former accountant.
Strong said Siegel noted MJ had substantial income coming in and higher expenses going out.
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Historically, MJ spent more money than he earned, Strong said. Erk said that based on the accountant's testimony, yes.
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"The reason he was going on tour was to get himself straight, earn money to take care of his family," Erk said.
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ABC7 Court News ?@ABC7Courts 33m
Strong asked if Katherine Jackson's Hayvenhurst home was about to go in foreclosure. Erk said yes.
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Strong talked back about consumption, which is the amount of MJ's expenses. She said MJ was $400 million in debt when he died.
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AEG Live never projected MJ would do 260 shows, Strong asked. Erk agreed.
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Strong: AEG Live never projected MJ would've earned anything close to the $900 million you estimated, correct?
Erk: That's correct
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ABC7 Court News ?@ABC7Courts 34m
Katherine Jackson arrived late. She is wearing a graphic print jacket, bold black leafs on white background.
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Plaintiffs' expert witness, Arthur Erk, back on the stand. Sabrina Strong, attorney for AEG, resumed cross examination.
ABC7 Court News ?@ABC7Courts 1m
After that, both attorneys gave us interviews about their views of the case. Watch complete coverage @ABC7 and http://www.abc7.com
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Both attorneys were shouting to each other, court clerk asked them to knock it off, called sheriffs.
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After session ended, attorneys for both sides had a heated exchange of words in the hallway when they were talking to media and fans.
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Katherine Jackson will probably be plaintiffs' last witness. It's still unclear when the matriarch will take the stand.
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Jacksons' attorney still wants to finish his case by the end of the week. There's no afternoon session today.
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Judge adjourned session until 9:45 am PT tomorrow. Erk to resume on the stand. Strong estimates another half day of cross, judge gave 2 hrs
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Erk said if there was no negotiation, yes, he would not be able to perform there.
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Strong asked if Erk knew the stadium in Salt Lake City was for sports events only and that MJ would not be able to perform one show there.
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"There are a lot of wealthy people in India," Erk said.
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Strong asked if Erk used the same price for tickets in all shows, in different countries. He said yes, just adjusted inflation.
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MJ never performed at the Rose Bowl, Strong said. Panish objected saying MJ performed at Superbowl half time there and it was sold out.
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Strong: You had MJ selling out Rose Bowl three times?
Erk: Yes
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MJ was on a category of his own, Erk said, he was the King of Pop, could not be compared to any other artist.
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Erk said MJ needed to work, needed the money, so had incentive to perform all shows.
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Strong: You estimated Mj would've sold 100% tickets for all the show?
Erk: Based on the huge, excessive demand, yes
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Strong asked if people had issue w/ MJ dangling a baby over the balcony of hotel. He said for a short time yes, but not to affect attendance
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Erk said he spoke with Prince on Saturday and he said MJ told him they were going to Asia.
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Strong asked if MJ never agreed to do more than 50 shows. Erk said he doesn't know if he agrees with that.
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Erk said he doesn't think the child molestation trial would have any impact on whether people would attend his show.
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Number of tickets sold in "Bad" was close to 4.5 million. "HIStory" tour sold about the same number of tickets, 4.5 million.
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Strong: Just like with the number of shows, MJ never sold anywhere near 13 million tickets, correct?
Erk: Yes
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Regarding the ticket numbers, Strong said that for the 260 tours, Erk's assumption was that it would sell approximately 13 million tickets.
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"I packed a lot of shows in to go out with a bang," Erk said.
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Strong asked if Erk's projection is inconsistent with MJ's tour history. Erk said the show was called This Is It, his final extravaganza.
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Bad -- $125 million gross. "I can tell you that show was fantastic!," Erk opined on Bad tour.
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Strong: And is that conservative?
Erk: Yes
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Strong: You estimated gross of $1.5 billion for 260 shows and the highest you know MJ ever did was $165K?
Erk: Yes
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Even though HIStory was the highest grossing tour for MJ, he didn't take home any money, according to Paul Gongaware's testimony.
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MJ's highest gross tour is "HIStory" -- $165 million for 82 shows. It ranks number 26 on the highest grossing tours of the all time.
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Strong said Erk calculated MJ would gross in "This Is It" more than 10 times he ever grossed before in a tour.
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Strong: Now you have him in one tour, 12 years later, at age of 50, doing 260 shows?
Erk: Yes
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HIStory tour, 1996, MJ was 38 years old -- 82 shows. Total of 275 shows if added all together.
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Dangerous tour: began in 1992, MJ was about 33 years old, had 73 shows. Strong said Gongaware testified it was about 70 tours.
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Strong asked Erk if MJ's record high of number of shows was 123 shows for "Bad" tour in 1987 when MJ was 29 years old. He said yes.
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The expert said Randy Phillips, a top AEG Live executive, said in an email they would probably do a four year tour.
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Question to followers: Do you think MJ wanted and/or could have done either 260 shows in 37 months or 338 shows in 48 months?
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Using the simple 30% increase calculation, there would be an additional 78 shows, totaling 338 shows in 48 months.
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Erk said he didn't calculate how many more shows would be required to fulfill a 48 month tour.
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The increase would be based on higher ticket sales and merchandising. He didn't include endorsement, which could be higher too.
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Erk said there was testimony that MJ could've done a 48-month tour, which would increase revenue in approximately 30%.
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Strong questioned Erk about his 260 tours estimates. She reiterated there's no AEG document saying MJ would ever do 260 shows.
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Strong showed Erk's overview of the 260 shows the expert projected MJ would do had he lived, within 37 months.
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Strong: The artist usually had the final decision?
Erk: Yes, they have final say but consult with the professionals that surround them
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Strong said Erk's opinion assumes that MJ would do something he had never done before.
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Erk: In my and my partner's experience, we are very good in judgments. We boiled down what we thought was important for the calculations
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Erk explained he's been doing this for 34 years and it would've taken an untold amount of man hours to go through all the documents.
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Erk said the estimate of cost of his firm's work in this case is $300,000. He didn't review thousands of pages, eliminated all unnecessary.
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Erk said he reviewed documents attached to depositions explaining MJ's yearly earnings and consumption.
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Strong asked if Erk knows how much money MJ earned in 2001, 2002, 2003. He said no and that it had no relevance to his assessment.
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Erk said his job was not to consider whether MJ was going to repay his debts. He was hired to estimate MJ's earning capacity had he lived.
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Strong said $1 billion Erk estimated didn't include repayment of MJ's debts. (Implication is you can't get damages for money to repay debts)
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Strong asked if MJ spent $20 to $30 million a year more than he was earning. Erk said yes.
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Strong: And that doesn't account for million dollars shopping spree?
Erk: I don't call it consumption, I call it fun money
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Strong then said assuming Siegel quit because MJ couldn't control his spending, if that would've affect his consumption numbers. Erk said no
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Strong asked if Erk knows why Siegel quit his job with MJ. Jacksons' attorney objected to the form of question.
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Barry Siegel is one of MJ's former accountant.
Strong said Siegel noted MJ had substantial income coming in and higher expenses going out.
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Historically, MJ spent more money than he earned, Strong said. Erk said that based on the accountant's testimony, yes.
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"The reason he was going on tour was to get himself straight, earn money to take care of his family," Erk said.
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Strong asked if Katherine Jackson's Hayvenhurst home was about to go in foreclosure. Erk said yes.
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Strong talked back about consumption, which is the amount of MJ's expenses. She said MJ was $400 million in debt when he died.
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AEG Live never projected MJ would do 260 shows, Strong asked. Erk agreed.
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Strong: AEG Live never projected MJ would've earned anything close to the $900 million you estimated, correct?
Erk: That's correct
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Katherine Jackson arrived late. She is wearing a graphic print jacket, bold black leafs on white background.
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Plaintiffs' expert witness, Arthur Erk, back on the stand. Sabrina Strong, attorney for AEG, resumed cross examination.
Anthony McCartney ‏@mccartneyAP 6m
Erk said he spoke to Jackson’s son Prince on Saturday night. He said Prince told him his father said, “’We’re going to Asia.”
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Anthony McCartney ‏@mccartneyAP 6m
He said plans for a worldwide tour were mentioned by Kenny Ortega and Paris Jackson in her deposition.
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Anthony McCartney ‏@mccartneyAP 6m
Strong and Erk argued over whether the worldwide tour was contemplated by AEG Live.
Erk said a worldwide tour was considered.
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Anthony McCartney ‏@mccartneyAP 7m
Erk said AEG Live expected Jackson’s image to be rehabilitated after initial “This Is It” shows to the point he could tour in U.S. again.
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Anthony McCartney ‏@mccartneyAP 7m
Strong then brought up Jackson’s child molestation trial and his dangling Blanket over the balcony. Erk said they weren’t factors.
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Anthony McCartney ‏@mccartneyAP 7m
The accountant also defended his calculations, saying his were in line with what other acts made if you added more shows to their tours.
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Anthony McCartney ‏@mccartneyAP 7m
Erk explained that Jackson tended “not to go crazy with his ticket prices.” He said he charged less than his counterparts.
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Anthony McCartney ‏@mccartneyAP 8m
Strong then asked about Jackson’s place among other acts in highest-grossing concerts. None of his tours were in the Top 25.
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Anthony McCartney ‏@mccartneyAP 8m
(In reality, the 275 shows were performed in a 10-year span between 1987 and 1997, according to figures shown in court.)
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Anthony McCartney ‏@mccartneyAP 8m
“HIStory” was 82 shows and Jackson was 38. In total, Strong and Erk said Jackson did 275 shows between 1987 and 2008.
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Anthony McCartney ‏@mccartneyAP 8m
“Bad” was the longest tour with 123 shows. Jackson was 29 at the time.
“Dangerous” was roughly 70 shows; MJ was 33 years old.
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Anthony McCartney ‏@mccartneyAP 8m
Strong then started walking Erk through Jackson’s solo tour history. She asked him about the “Bad,” “Dangerous” and “HIStory” tours.
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Anthony McCartney ‏@mccartneyAP 9m
Erk said he had 34 years of experience. “We boiled down what we thought was necessary to do the calculations,” he said.
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Anthony McCartney ‏@mccartneyAP 9m
Erk added that if he’d gone through the expense records that Strong described, his firm's fees for the case would have been in the millions.
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Anthony McCartney ‏@mccartneyAP 9m
Strong asked how much the expert and his firm had billed for work on the case. He said they’d billed $300,000.
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Anthony McCartney ‏@mccartneyAP 9m
Strong cited at least 71,000 pages of records of Jackson’s expenses that had been produced in the case. Erk said he didn’t go through them.
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Anthony McCartney ‏@mccartneyAP 9m
She asked him whether he had any idea how much Jackson earned in any year of his life. No, Erk replied.
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Anthony McCartney ‏@mccartneyAP 10m
Strong then asked whether Erk considered how much Jackson earned in 2001, 2002 and other years. He said he hadn’t.
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Anthony McCartney ‏@mccartneyAP 10m
Panish objected to Strong’s questions about the debts and how she phrased certain questions.
Judge sustained some of the objections.
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Anthony McCartney ‏@mccartneyAP 10m
Erk:”That wasn’t my job to consider that.”
Strong: “You were just asked to calculate how much he would have made.”
Yes, he replied.
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Anthony McCartney ‏@mccartneyAP 10m
Erk said he didn’t consider Jackson’s debts outside $570k a month in expenses, including repayment on Sony/ATV loan.
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Anthony McCartney ‏@mccartneyAP 10m
Strong: “Michael Jackson had no ability to meet that obligation, correct?”
Erk: “Correct.”
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Anthony McCartney ‏@mccartneyAP 11m
Strong asked about a note coming due on Jackson’s loan against the SonyATV music catalog in 2009, saying he couldn’t pay it.
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Anthony McCartney ‏@mccartneyAP 11m
The lawyer also mentioned that Jackson had borrowed money against his music catalog. Erk agreed MJ “had loans on his assets.”
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Anthony McCartney ‏@mccartneyAP 11m
Strong mentioned the deposition testimony of several of Jackson’s business managers that the singer consistently spent more than he earned.
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Anthony McCartney ‏@mccartneyAP 11m
Strong mentioned that the Jacksons’ Hayvenhurst home was facing foreclosure twice this morning. The 2nd time, Mrs. Jackson shook her head.
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Anthony McCartney ‏@mccartneyAP 11m
Erk: “The reason he was going on tour was he was going to get himself straight, pay off his debts and take care of his family.”
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Anthony McCartney ‏@mccartneyAP 12m
Strong then mentioned that the Jackson family home in Encino was facing foreclosure in June 2009 and didn’t have access to cash.
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Anthony McCartney ‏@mccartneyAP 12m
Strong then began to question Erk about Jackson’s spending, again stating that when he died he was at least $400 million in debt.
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Anthony McCartney ‏@mccartneyAP 12m
Erk projected the worldwide tour would go to India, Japan, Central Europe and return Jackson to the U.S. for shows as well.
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Anthony McCartney ‏@mccartneyAP 12m
Erk agreed with Srong on this and several other questions, including one in which she said AEG didn’t contemplate 260 shows.
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Anthony McCartney ‏@mccartneyAP 12m
Strong started out a question with "Let's be clear" and proceeded to state that AEG Live never projected $900 million in earnings for "TII"
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Anthony McCartney ‏@mccartneyAP 14m
A big piece of Erk’s estimates was the idea that Jackson would have done a 37-month, 260 show worldwide “This Is It” tour.
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Anthony McCartney ‏@mccartneyAP 14m
Strong immediately asked Erk about his testimony that he had used AEG Live’s figures to reach his $1 billion + estimates.
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Anthony McCartney ‏@mccartneyAP 15m
After that, the jury was brought in and cross-examination of CPA Arthur Erk was handled by AEG Live defense attorney Sabrina Strong.
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Anthony McCartney ‏@mccartneyAP 15m
The judge agreed with AEG Live and she wouldn’t instruct the jury regarding the judgment. “Let’s keep going, she said.
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Anthony McCartney ‏@mccartneyAP 15m
AEG’s attorneys argued that the case had been settled for $6.5 million. The appeal was dropped, they said, which made the judgment final.
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Anthony McCartney ‏@mccartneyAP 15m
Panish argued it was improper “character evidence” and shouldn’t have been shown to the jury on Monday.
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Anthony McCartney ‏@mccartneyAP 15m
Plaintiff’s attorney Brian Panish argued that the $5 million judgment against Jackson wasn’t final -- it had been appealed and later settled
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Anthony McCartney ‏@mccartneyAP 15m
The judgment was related to case filed by concert promoter Marcel Avram against Jackson in Santa Barbara. Plaintiffs objected to its use.
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Anthony McCartney ‏@mccartneyAP 16m
Court opened this morning with arguments on whether it was proper for AEG lawyers to show Erk a judgment against Jackson.
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Anthony McCartney ‏@mccartneyAP 16m
Katherine and Trent Jackson are in attendance for Jackson vs. AEG Live trial.
Trent kept his arm around Katherine for part of the testimony.
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Anthony McCartney ‏@mccartneyAP 16m
Some updates coming in Jackson vs. AEG Live trial. Today was a half-day session. Court resumes tomorrow at 9:45 a.m. PDT.
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Anthony McCartney ‏@mccartneyAP 1h
AEG Live attacks expert's projection of Michael Jackson earning more than $1 billion from shows: http://yhoo.it/191oLSG
View summary
Anthony McCartney ‏@mccartneyAP 1h
Strong said she had another 2-3 hours of questions for Erk tomorrow, so he may not wrap up testimony until the afternoon.
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Anthony McCartney ‏@mccartneyAP 1h
AEG Live defense attorney Sabrina Strong's cross-examination focused on trying to show there wasn't historical basis for Erk's projections.
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Anthony McCartney ‏@mccartneyAP 1h
We're done for the day in Jackson vs AEG Live. CPA Arthur Erk will remain on the stand Wednesday. AEG continues to cross-examine him.
Erk said he spoke to Jackson’s son Prince on Saturday night. He said Prince told him his father said, “’We’re going to Asia.”
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Anthony McCartney ‏@mccartneyAP 6m
He said plans for a worldwide tour were mentioned by Kenny Ortega and Paris Jackson in her deposition.
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Anthony McCartney ‏@mccartneyAP 6m
Strong and Erk argued over whether the worldwide tour was contemplated by AEG Live.
Erk said a worldwide tour was considered.
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Anthony McCartney ‏@mccartneyAP 7m
Erk said AEG Live expected Jackson’s image to be rehabilitated after initial “This Is It” shows to the point he could tour in U.S. again.
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Anthony McCartney ‏@mccartneyAP 7m
Strong then brought up Jackson’s child molestation trial and his dangling Blanket over the balcony. Erk said they weren’t factors.
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Anthony McCartney ‏@mccartneyAP 7m
The accountant also defended his calculations, saying his were in line with what other acts made if you added more shows to their tours.
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Anthony McCartney ‏@mccartneyAP 7m
Erk explained that Jackson tended “not to go crazy with his ticket prices.” He said he charged less than his counterparts.
Expand
Anthony McCartney ‏@mccartneyAP 8m
Strong then asked about Jackson’s place among other acts in highest-grossing concerts. None of his tours were in the Top 25.
Expand
Anthony McCartney ‏@mccartneyAP 8m
(In reality, the 275 shows were performed in a 10-year span between 1987 and 1997, according to figures shown in court.)
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Anthony McCartney ‏@mccartneyAP 8m
“HIStory” was 82 shows and Jackson was 38. In total, Strong and Erk said Jackson did 275 shows between 1987 and 2008.
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Anthony McCartney ‏@mccartneyAP 8m
“Bad” was the longest tour with 123 shows. Jackson was 29 at the time.
“Dangerous” was roughly 70 shows; MJ was 33 years old.
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Anthony McCartney ‏@mccartneyAP 8m
Strong then started walking Erk through Jackson’s solo tour history. She asked him about the “Bad,” “Dangerous” and “HIStory” tours.
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Anthony McCartney ‏@mccartneyAP 9m
Erk said he had 34 years of experience. “We boiled down what we thought was necessary to do the calculations,” he said.
Expand
Anthony McCartney ‏@mccartneyAP 9m
Erk added that if he’d gone through the expense records that Strong described, his firm's fees for the case would have been in the millions.
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Anthony McCartney ‏@mccartneyAP 9m
Strong asked how much the expert and his firm had billed for work on the case. He said they’d billed $300,000.
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Anthony McCartney ‏@mccartneyAP 9m
Strong cited at least 71,000 pages of records of Jackson’s expenses that had been produced in the case. Erk said he didn’t go through them.
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Anthony McCartney ‏@mccartneyAP 9m
She asked him whether he had any idea how much Jackson earned in any year of his life. No, Erk replied.
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Anthony McCartney ‏@mccartneyAP 10m
Strong then asked whether Erk considered how much Jackson earned in 2001, 2002 and other years. He said he hadn’t.
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Anthony McCartney ‏@mccartneyAP 10m
Panish objected to Strong’s questions about the debts and how she phrased certain questions.
Judge sustained some of the objections.
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Anthony McCartney ‏@mccartneyAP 10m
Erk:”That wasn’t my job to consider that.”
Strong: “You were just asked to calculate how much he would have made.”
Yes, he replied.
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Anthony McCartney ‏@mccartneyAP 10m
Erk said he didn’t consider Jackson’s debts outside $570k a month in expenses, including repayment on Sony/ATV loan.
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Anthony McCartney ‏@mccartneyAP 10m
Strong: “Michael Jackson had no ability to meet that obligation, correct?”
Erk: “Correct.”
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Anthony McCartney ‏@mccartneyAP 11m
Strong asked about a note coming due on Jackson’s loan against the SonyATV music catalog in 2009, saying he couldn’t pay it.
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Anthony McCartney ‏@mccartneyAP 11m
The lawyer also mentioned that Jackson had borrowed money against his music catalog. Erk agreed MJ “had loans on his assets.”
Expand
Anthony McCartney ‏@mccartneyAP 11m
Strong mentioned the deposition testimony of several of Jackson’s business managers that the singer consistently spent more than he earned.
Expand
Anthony McCartney ‏@mccartneyAP 11m
Strong mentioned that the Jacksons’ Hayvenhurst home was facing foreclosure twice this morning. The 2nd time, Mrs. Jackson shook her head.
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Anthony McCartney ‏@mccartneyAP 11m
Erk: “The reason he was going on tour was he was going to get himself straight, pay off his debts and take care of his family.”
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Anthony McCartney ‏@mccartneyAP 12m
Strong then mentioned that the Jackson family home in Encino was facing foreclosure in June 2009 and didn’t have access to cash.
Expand
Anthony McCartney ‏@mccartneyAP 12m
Strong then began to question Erk about Jackson’s spending, again stating that when he died he was at least $400 million in debt.
Expand
Anthony McCartney ‏@mccartneyAP 12m
Erk projected the worldwide tour would go to India, Japan, Central Europe and return Jackson to the U.S. for shows as well.
Expand
Anthony McCartney ‏@mccartneyAP 12m
Erk agreed with Srong on this and several other questions, including one in which she said AEG didn’t contemplate 260 shows.
Expand
Anthony McCartney ‏@mccartneyAP 12m
Strong started out a question with "Let's be clear" and proceeded to state that AEG Live never projected $900 million in earnings for "TII"
Expand
Anthony McCartney ‏@mccartneyAP 14m
A big piece of Erk’s estimates was the idea that Jackson would have done a 37-month, 260 show worldwide “This Is It” tour.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Strong immediately asked Erk about his testimony that he had used AEG Live’s figures to reach his $1 billion + estimates.
Expand
Anthony McCartney ‏@mccartneyAP 15m
After that, the jury was brought in and cross-examination of CPA Arthur Erk was handled by AEG Live defense attorney Sabrina Strong.
Expand
Anthony McCartney ‏@mccartneyAP 15m
The judge agreed with AEG Live and she wouldn’t instruct the jury regarding the judgment. “Let’s keep going, she said.
Expand
Anthony McCartney ‏@mccartneyAP 15m
AEG’s attorneys argued that the case had been settled for $6.5 million. The appeal was dropped, they said, which made the judgment final.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Panish argued it was improper “character evidence” and shouldn’t have been shown to the jury on Monday.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Plaintiff’s attorney Brian Panish argued that the $5 million judgment against Jackson wasn’t final -- it had been appealed and later settled
Expand
Anthony McCartney ‏@mccartneyAP 15m
The judgment was related to case filed by concert promoter Marcel Avram against Jackson in Santa Barbara. Plaintiffs objected to its use.
Expand
Anthony McCartney ‏@mccartneyAP 16m
Court opened this morning with arguments on whether it was proper for AEG lawyers to show Erk a judgment against Jackson.
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Anthony McCartney ‏@mccartneyAP 16m
Katherine and Trent Jackson are in attendance for Jackson vs. AEG Live trial.
Trent kept his arm around Katherine for part of the testimony.
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Anthony McCartney ‏@mccartneyAP 16m
Some updates coming in Jackson vs. AEG Live trial. Today was a half-day session. Court resumes tomorrow at 9:45 a.m. PDT.
Expand
Anthony McCartney ‏@mccartneyAP 1h
AEG Live attacks expert's projection of Michael Jackson earning more than $1 billion from shows: http://yhoo.it/191oLSG
View summary
Anthony McCartney ‏@mccartneyAP 1h
Strong said she had another 2-3 hours of questions for Erk tomorrow, so he may not wrap up testimony until the afternoon.
Expand
Anthony McCartney ‏@mccartneyAP 1h
AEG Live defense attorney Sabrina Strong's cross-examination focused on trying to show there wasn't historical basis for Erk's projections.
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Anthony McCartney ‏@mccartneyAP 1h
We're done for the day in Jackson vs AEG Live. CPA Arthur Erk will remain on the stand Wednesday. AEG continues to cross-examine him.
Anthony McCartney ‏@mccartneyAP 9m
I'll be back in court tomorrow, will have updates on the case throughout the day, depending on breaks & my need to file stories.
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Anthony McCartney ‏@mccartneyAP 10m
The clerk asked Putnam to leave and said she would report the shouting match to the judge and it would be addressed on Wednesday.
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Anthony McCartney ‏@mccartneyAP 10m
Panish said he overheard Putnam say something, and the attorneys exchanged words.
Judge Palazuelos’ clerk came out and calmed things down.
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Anthony McCartney ‏@mccartneyAP 11m
Plaintiff’s lawyer Brian Panish and AEG defense attorney Marvin Putnam shouted at each other after court.
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Anthony McCartney ‏@mccartneyAP 12m
It happened after testimony ended and I believe all the jurors were gone by the time this happened.
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Anthony McCartney ‏@mccartneyAP 12m
One issue that may come in court tomorrow morning _ a verbal tiff between lawyers on the case in hallway outside the Jackson courtroom.
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Anthony McCartney ‏@mccartneyAP 22m
Updated story on AEG Live challenging projections of Michael Jackson's earnings: http://yhoo.it/191oLSG
View summary
Anthony McCartney ‏@mccartneyAP 23m
That ended testimony for the day in Jackson vs. AEG Live. Cross examination of CPA Arthur Erk will resume tomorrow morning.
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Anthony McCartney ‏@mccartneyAP 23m
Erk said that would have depended on whether a show could have been negotiated to be performed at the venue.
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Anthony McCartney ‏@mccartneyAP 23m
That detail isn’t currently on the Wikipedia page, but Strong said if it’s true then Jackson couldn’t have performed 10 shows there.
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Anthony McCartney ‏@mccartneyAP 24m
The lawyer then asked whether Erk noticed in his online research that the government banned concerts at Salt Lake Stadium in 2009.
Expand
Anthony McCartney ‏@mccartneyAP 24m
Strong asked Erk about his research, noting that he based a lot of it on Wikipedia information. (Wiki here: http://en.wikipedia.org/wiki/Salt_Lake_Stadium …
Expand
Anthony McCartney ‏@mccartneyAP 24m
The lawyer said Jackson only played one show in his lifetime in India. Erk projected him to do 60 shows in India on “This Is It” tour.
Expand
Anthony McCartney ‏@mccartneyAP 25m
Strong moved on to Erk’s projection for Jackson concerts in India, including his estimate for 10 shows at Salt Lake Stadium which seats 120k
Expand
Anthony McCartney ‏@mccartneyAP 26m
The accountant added that Jackson needed the money, and that was a “great impetus to go out and do the shows.”
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk said he thought that was possible. “There’s a tremendous amount of pent up demand,” for Jackson shows in ’09, he said.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk and Strong went back-and-forth over several venues, and the lawyer challenged him on his projection that MJ would sell out every show.
Expand
Anthony McCartney ‏@mccartneyAP 26m
The accountant had to concede he didn’t really know the seating capacity, and hadn’t talked to anyone who does for his calculations.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk said he didn’t agree with Strong or AEG’s figures, saying more tickets could have been sold for spots on the field at many venues.
Expand
Anthony McCartney ‏@mccartneyAP 27m
She told Erk to assume that AEG had put on shows at Lucas Oil Stadium and the seating capacity was 51,000 seats.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Strong noted that Erk hadn’t worked on concert tours and hadn't consulted with people who had for his projections.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Strong asked about various stadiums, including Luca Oil Stadium in Indianapolis. Seating capacity is 70,000, but is lower for concerts.
Expand
Anthony McCartney ‏@mccartneyAP 27m
The seats aren’t available because of sight lines to the stage or other factors. Strong used them to challenge Erk’s numbers for "TII" tour.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Strong then moved deeper into projections for MJ world tour. She asked him about “production kills” -- seats that can’t be used in venues.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Erk replied that the 80s were when Michael Jackson got the term “King of Pop.”
Expand
Anthony McCartney ‏@mccartneyAP 28m
Strong asked Erk to agree with her that Jackson’s reputation was better in the 1980s than in late 2000s.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Few last updates from testimony in Jackson vs AEG Live trial coming up...
I'll be back in court tomorrow, will have updates on the case throughout the day, depending on breaks & my need to file stories.
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Anthony McCartney ‏@mccartneyAP 10m
The clerk asked Putnam to leave and said she would report the shouting match to the judge and it would be addressed on Wednesday.
Expand
Anthony McCartney ‏@mccartneyAP 10m
Panish said he overheard Putnam say something, and the attorneys exchanged words.
Judge Palazuelos’ clerk came out and calmed things down.
Expand
Anthony McCartney ‏@mccartneyAP 11m
Plaintiff’s lawyer Brian Panish and AEG defense attorney Marvin Putnam shouted at each other after court.
Expand
Anthony McCartney ‏@mccartneyAP 12m
It happened after testimony ended and I believe all the jurors were gone by the time this happened.
Expand
Anthony McCartney ‏@mccartneyAP 12m
One issue that may come in court tomorrow morning _ a verbal tiff between lawyers on the case in hallway outside the Jackson courtroom.
Expand
Anthony McCartney ‏@mccartneyAP 22m
Updated story on AEG Live challenging projections of Michael Jackson's earnings: http://yhoo.it/191oLSG
View summary
Anthony McCartney ‏@mccartneyAP 23m
That ended testimony for the day in Jackson vs. AEG Live. Cross examination of CPA Arthur Erk will resume tomorrow morning.
Expand
Anthony McCartney ‏@mccartneyAP 23m
Erk said that would have depended on whether a show could have been negotiated to be performed at the venue.
Expand
Anthony McCartney ‏@mccartneyAP 23m
That detail isn’t currently on the Wikipedia page, but Strong said if it’s true then Jackson couldn’t have performed 10 shows there.
Expand
Anthony McCartney ‏@mccartneyAP 24m
The lawyer then asked whether Erk noticed in his online research that the government banned concerts at Salt Lake Stadium in 2009.
Expand
Anthony McCartney ‏@mccartneyAP 24m
Strong asked Erk about his research, noting that he based a lot of it on Wikipedia information. (Wiki here: http://en.wikipedia.org/wiki/Salt_Lake_Stadium …
Expand
Anthony McCartney ‏@mccartneyAP 24m
The lawyer said Jackson only played one show in his lifetime in India. Erk projected him to do 60 shows in India on “This Is It” tour.
Expand
Anthony McCartney ‏@mccartneyAP 25m
Strong moved on to Erk’s projection for Jackson concerts in India, including his estimate for 10 shows at Salt Lake Stadium which seats 120k
Expand
Anthony McCartney ‏@mccartneyAP 26m
The accountant added that Jackson needed the money, and that was a “great impetus to go out and do the shows.”
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk said he thought that was possible. “There’s a tremendous amount of pent up demand,” for Jackson shows in ’09, he said.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk and Strong went back-and-forth over several venues, and the lawyer challenged him on his projection that MJ would sell out every show.
Expand
Anthony McCartney ‏@mccartneyAP 26m
The accountant had to concede he didn’t really know the seating capacity, and hadn’t talked to anyone who does for his calculations.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Erk said he didn’t agree with Strong or AEG’s figures, saying more tickets could have been sold for spots on the field at many venues.
Expand
Anthony McCartney ‏@mccartneyAP 27m
She told Erk to assume that AEG had put on shows at Lucas Oil Stadium and the seating capacity was 51,000 seats.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Strong noted that Erk hadn’t worked on concert tours and hadn't consulted with people who had for his projections.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Strong asked about various stadiums, including Luca Oil Stadium in Indianapolis. Seating capacity is 70,000, but is lower for concerts.
Expand
Anthony McCartney ‏@mccartneyAP 27m
The seats aren’t available because of sight lines to the stage or other factors. Strong used them to challenge Erk’s numbers for "TII" tour.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Strong then moved deeper into projections for MJ world tour. She asked him about “production kills” -- seats that can’t be used in venues.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Erk replied that the 80s were when Michael Jackson got the term “King of Pop.”
Expand
Anthony McCartney ‏@mccartneyAP 28m
Strong asked Erk to agree with her that Jackson’s reputation was better in the 1980s than in late 2000s.
Expand
Anthony McCartney ‏@mccartneyAP 28m
Few last updates from testimony in Jackson vs AEG Live trial coming up...
PrɛttyღBµʈʈɇrƒℓу
Proud Member
Re: Jacksons vs AEG - Day 49- July 16 2013 - News Only (no discussion)
Michael Jackson mother's deposition played in AEG trial
AP [ Updated 16 Jul 2013, 18:01:22 ]
Los Angeles, Jul 16: Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an
anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have
embarked on a lengthy tour.
On the video, she said she was surprised when her son announced the "This Is It" shows in London.
"He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega.
http://www.indiatvnews.com/entertai...er-s-deposition-played-in-aeg-trial-4579.html
Michael Jackson mother's deposition played in AEG trial
AP [ Updated 16 Jul 2013, 18:01:22 ]
Los Angeles, Jul 16: Katherine Jackson claims AEG Live is liable for her son's death because it failed to properly investigate the doctor convicted of giving the singer an
anesthetic overdose.
AEG denies it hired the doctor or bears any responsibility for Jackson's June 2009 death at age 50.
Jurors heard directly from Katherine Jackson on Monday when Strong played a portion of her deposition testimony to rebut the idea her son would have
embarked on a lengthy tour.
On the video, she said she was surprised when her son announced the "This Is It" shows in London.
"He would always make a joke about he don't want to be doing the Moonwalk on stage when ... he's over 50," she said. "He wanted to be doing something else."
Jackson had signed on for only 50 shows in London, although contracts for the shows indicated a longer tour was a possibility.
Jurors will have to determine the amount of any damages in the case if they find AEG Live is liable for Jackson's death.
Jackson also contemplated a film career, according to testimony from his nephew Taj Jackson and the singer's longtime creative collaborator, Kenny Ortega.
http://www.indiatvnews.com/entertai...er-s-deposition-played-in-aeg-trial-4579.html
Anthony McCartney ‏@mccartneyAP 23h
Some of the remaining plaintiff's witnesses include an economist, Dr. Emery Brown (propofol expert) and Katherine Jackson.
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Anthony McCartney ‏@mccartneyAP 15 Jul
AEG Live's cross-examination also focused on other assumptions Erk made about Jackson performing a long tour.
Covered those in the story.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Katherine Jackson said her son didn't want to be performing the Moonwalk on stage when he was 50.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
In it, Mrs. Jackson says she was surprised to see her son announcing the "This Is It" tour. She recounted his statement re: touring.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
AEG Live defense attorney Sabrina Strong played a clip from Katherine Jackson's April 20, 2013, deposition in court today.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Story on Michael Jackson's potential lost earnings updated to include his mother's statements about tour: http://yhoo.it/18YUST3
View summary
Anthony McCartney ‏@mccartneyAP 15 Jul
Scheduling note: tomorrow will be a half day, with court in session only for the morning.
Erk is expected to testify all morning.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
We're done for the day in Jackson vs AEG Live. CPA Arthur Erk will be back on the stand tomorrow at 9:30 am PDT.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
I'm headed back into court for the resumption of testimony. Will have updates later on this afternoon.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
The judge said she didn't know if someone was trying to get a shot of the jury, but noted photos inside the courthouse are barred.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Superior Court Judge Yvette Palazuelos said new security measures for jurors may be implemented, but didn’t elaborate.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
A bailiff said the sheriff’s department is looking into the incident. The judge also informed jury of the incident.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
There is a tiny window on each of the two doors going into the courtroom. The judge said those windows would now be blocked during the trial
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
After the lunch break, the judge informed attorneys that several jurors reported seeing a camera pressed to a window in the courtroom door.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Just to jump forward a bit, there was another issue involving the trial after the lunch break.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk's estimates on Jackson's loss of income are covered in this story: http://yhoo.it/18YUST3
View summary
Anthony McCartney ‏@mccartneyAP 15 Jul
On the B.I.G. case, Erk worked with Katherine Jackson’s lawyer Perry Sanders on that case. He said he didn’t testify in that case.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk also consulted on a wrongful death case involving the estate of Notorious B.I.G.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
... (cont) and a second caseinvolving the musician Meatloaf.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Plaintiff’s attorney Brian Panish asked Erk about other cases he’s testified in. He cited two cases, one involving KISS ... (cont)
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk spent early part of his testimony Monday explaining copyrights and the various licenses needed to commercially release music.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk explained his credentials last week. He’s a specialist in doing audits on artist royalties and has performed audits for Michael Jackson.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
CPA Arthur Erk is back on the stand. He’s being estimating Michael Jackson's lost earnings if had lived and performed "This Is It" shows.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Lots of figures and graphs shown today in Jackson vs AEG Live case. Will have a couple updates before we go back into court.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Updated story on expert's calculation that Michael Jackson's lost earnings ranged from $1.1 to $1.5 billion: http://yhoo.it/18YUST3
Some of the remaining plaintiff's witnesses include an economist, Dr. Emery Brown (propofol expert) and Katherine Jackson.
Expand Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 15 Jul
AEG Live's cross-examination also focused on other assumptions Erk made about Jackson performing a long tour.
Covered those in the story.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Katherine Jackson said her son didn't want to be performing the Moonwalk on stage when he was 50.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
In it, Mrs. Jackson says she was surprised to see her son announcing the "This Is It" tour. She recounted his statement re: touring.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
AEG Live defense attorney Sabrina Strong played a clip from Katherine Jackson's April 20, 2013, deposition in court today.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Story on Michael Jackson's potential lost earnings updated to include his mother's statements about tour: http://yhoo.it/18YUST3
View summary
Anthony McCartney ‏@mccartneyAP 15 Jul
Scheduling note: tomorrow will be a half day, with court in session only for the morning.
Erk is expected to testify all morning.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
We're done for the day in Jackson vs AEG Live. CPA Arthur Erk will be back on the stand tomorrow at 9:30 am PDT.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
I'm headed back into court for the resumption of testimony. Will have updates later on this afternoon.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
The judge said she didn't know if someone was trying to get a shot of the jury, but noted photos inside the courthouse are barred.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Superior Court Judge Yvette Palazuelos said new security measures for jurors may be implemented, but didn’t elaborate.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
A bailiff said the sheriff’s department is looking into the incident. The judge also informed jury of the incident.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
There is a tiny window on each of the two doors going into the courtroom. The judge said those windows would now be blocked during the trial
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
After the lunch break, the judge informed attorneys that several jurors reported seeing a camera pressed to a window in the courtroom door.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Just to jump forward a bit, there was another issue involving the trial after the lunch break.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk's estimates on Jackson's loss of income are covered in this story: http://yhoo.it/18YUST3
View summary
Anthony McCartney ‏@mccartneyAP 15 Jul
On the B.I.G. case, Erk worked with Katherine Jackson’s lawyer Perry Sanders on that case. He said he didn’t testify in that case.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk also consulted on a wrongful death case involving the estate of Notorious B.I.G.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
... (cont) and a second caseinvolving the musician Meatloaf.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Plaintiff’s attorney Brian Panish asked Erk about other cases he’s testified in. He cited two cases, one involving KISS ... (cont)
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk spent early part of his testimony Monday explaining copyrights and the various licenses needed to commercially release music.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Erk explained his credentials last week. He’s a specialist in doing audits on artist royalties and has performed audits for Michael Jackson.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
CPA Arthur Erk is back on the stand. He’s being estimating Michael Jackson's lost earnings if had lived and performed "This Is It" shows.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Lots of figures and graphs shown today in Jackson vs AEG Live case. Will have a couple updates before we go back into court.
Expand
Anthony McCartney ‏@mccartneyAP 15 Jul
Updated story on expert's calculation that Michael Jackson's lost earnings ranged from $1.1 to $1.5 billion: http://yhoo.it/18YUST3
Michael Jackson making $1.5 billion? No way, attorney says
An accountant’s projection that Michael Jackson would have made as much as $1.5 billion if he’d taken his doomed “This Is It” 260-show world tour was attacked sharply Tuesday by a defense attorney, who said the singer had never pulled off an engagement even half that long.
"What you're projecting is totally inconsistent with Michael Jackson's history, isn't it?" asked attorney Sabrina Strong, one of the attorneys representing AEG Live, the entertainment titan that was producing what was to be Jackson’s comeback tour in 2009.
Strong previously told jurors that Jackson had been sued for canceling shows and had a history of drug use. She suggested Tuesday that his popularity may have been diminished by the 2005 child molestation trial and the instance where he dangled one of his young children over a hotel balcony. Jackson was acquitted in the molestation case.
Arthur Erk, a certified public accountant who has worked with various rock acts, testified that Jackson’s earning power remained strong and that he could have made as much as $1.5 billion if he’d gone on tour after his 50-concert stand in London.
Erk disagreed that Jackson’s earning power had diminished or that he was incapable of pulling off a long, multi-year tour. He said "This Is It" was going to be a "blow-out tour, and he was going to earn a lot of money.”
“I packed a lot of shows in to go out with a bang,” he added.
The most Jackson had ever performed in one tour was 123 show in the "Bad" tour in 1987, according to a chart Strong showed the jury. His highest grossing tour was his last one, "HIStory," which began in 1996, in which he performed 82 shows and grossed $165 million in ticket sales and merchandise.
Strong told Erk that AEG executive Paul Gongaware, a defendant in the case, had testified Jackson didn't make any money on "HIStory." Outside the courtroom, Jackson attorney Brian Panish said that was only because the pop singer had given 85% of his share to charity.
Erk said that the five-hour sale of 750,000 tickets to his 50 London concerts showed that Jackson's popularity had not suffered. AEG's plan, was that after the London shows the singer would perform in Europe and Asia, finally ending the tour in the U.S., he said, "and by that time his image would be rehabilitated.”
Strong kept insisting that Jackson had not agreed to anything other than the London shows, although Jackson's contract included the possibility of extending the tour.
Erk said he spoke to Jackson's son, Prince, Saturday night. "He said his father specifically told him, 'We're going to Asia,' " according to Erk.
Jackson's mother and three children have sued AEG for wrongful death, saying the entertainment firm hired and controlled Conrad Murray, the doctor who gave the singer the fatal dose of the anesthetic propofol in June 2009. AEG says the doctor worked for Jackson and that any money the firm was supposed to pay Murray was an advance to the singer.
Strong talked about Jackson's prolific spending, saying he was $400 million in debt and that his mother's home was in foreclosure. She said that a former Jackson business manager had quit because the singer showed no interest in pulling back on his spending.
Strong said that in one instance, Jackson bought a $1-million watch but had to return it because he couldn't afford it.
Another former Jackson business manager said Jackson spent $20 million to $30 million a year more than he earned, Strong said.
Erk said Jackson had a $320-million loan on his portion of the Sony/ATV musical catalog, which includes Beatles songs.
Erk's calculations of Jackson's projected earnings also included a Las Vegas show based on the pop star's music, but one in which he would not perform. Erk calculated that Jackson could have earned as much as $1.96 billion if Jackson's tour was extended to four years, a plan based on an email from AEG chief executive Randy Phillips.
His more speculative projections had Jackson taking a nearly three-year break after the global tour and then performing in four smaller sets of concerts through 2024, which would have earned him an additional $376 million, including merchandising.
The trial action was nearly overshadowed by a confrontation outside the courtroom between AEG Live attorney Marvin Putnam and Panish. The two men have been sniping at each other almost since testimony began 2 ½ months ago. Tuesday, their apparent dislike for each exploded.
A reporter asked Panish about AEG’s mention of the molestation case, the first time it has been brought up in the trial. Panish called it “totally disingenuous.”
“They can bring it all out,” Panish said. “We’ll be ready.”
An accountant’s projection that Michael Jackson would have made as much as $1.5 billion if he’d taken his doomed “This Is It” 260-show world tour was attacked sharply Tuesday by a defense attorney, who said the singer had never pulled off an engagement even half that long.
"What you're projecting is totally inconsistent with Michael Jackson's history, isn't it?" asked attorney Sabrina Strong, one of the attorneys representing AEG Live, the entertainment titan that was producing what was to be Jackson’s comeback tour in 2009.
Strong previously told jurors that Jackson had been sued for canceling shows and had a history of drug use. She suggested Tuesday that his popularity may have been diminished by the 2005 child molestation trial and the instance where he dangled one of his young children over a hotel balcony. Jackson was acquitted in the molestation case.
Arthur Erk, a certified public accountant who has worked with various rock acts, testified that Jackson’s earning power remained strong and that he could have made as much as $1.5 billion if he’d gone on tour after his 50-concert stand in London.
Erk disagreed that Jackson’s earning power had diminished or that he was incapable of pulling off a long, multi-year tour. He said "This Is It" was going to be a "blow-out tour, and he was going to earn a lot of money.”
“I packed a lot of shows in to go out with a bang,” he added.
The most Jackson had ever performed in one tour was 123 show in the "Bad" tour in 1987, according to a chart Strong showed the jury. His highest grossing tour was his last one, "HIStory," which began in 1996, in which he performed 82 shows and grossed $165 million in ticket sales and merchandise.
Strong told Erk that AEG executive Paul Gongaware, a defendant in the case, had testified Jackson didn't make any money on "HIStory." Outside the courtroom, Jackson attorney Brian Panish said that was only because the pop singer had given 85% of his share to charity.
Erk said that the five-hour sale of 750,000 tickets to his 50 London concerts showed that Jackson's popularity had not suffered. AEG's plan, was that after the London shows the singer would perform in Europe and Asia, finally ending the tour in the U.S., he said, "and by that time his image would be rehabilitated.”
Strong kept insisting that Jackson had not agreed to anything other than the London shows, although Jackson's contract included the possibility of extending the tour.
Erk said he spoke to Jackson's son, Prince, Saturday night. "He said his father specifically told him, 'We're going to Asia,' " according to Erk.
Jackson's mother and three children have sued AEG for wrongful death, saying the entertainment firm hired and controlled Conrad Murray, the doctor who gave the singer the fatal dose of the anesthetic propofol in June 2009. AEG says the doctor worked for Jackson and that any money the firm was supposed to pay Murray was an advance to the singer.
Strong talked about Jackson's prolific spending, saying he was $400 million in debt and that his mother's home was in foreclosure. She said that a former Jackson business manager had quit because the singer showed no interest in pulling back on his spending.
Strong said that in one instance, Jackson bought a $1-million watch but had to return it because he couldn't afford it.
Another former Jackson business manager said Jackson spent $20 million to $30 million a year more than he earned, Strong said.
Erk said Jackson had a $320-million loan on his portion of the Sony/ATV musical catalog, which includes Beatles songs.
Erk's calculations of Jackson's projected earnings also included a Las Vegas show based on the pop star's music, but one in which he would not perform. Erk calculated that Jackson could have earned as much as $1.96 billion if Jackson's tour was extended to four years, a plan based on an email from AEG chief executive Randy Phillips.
His more speculative projections had Jackson taking a nearly three-year break after the global tour and then performing in four smaller sets of concerts through 2024, which would have earned him an additional $376 million, including merchandising.
The trial action was nearly overshadowed by a confrontation outside the courtroom between AEG Live attorney Marvin Putnam and Panish. The two men have been sniping at each other almost since testimony began 2 ½ months ago. Tuesday, their apparent dislike for each exploded.
A reporter asked Panish about AEG’s mention of the molestation case, the first time it has been brought up in the trial. Panish called it “totally disingenuous.”
“They can bring it all out,” Panish said. “We’ll be ready.”
Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 50 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
Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 50 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
Anthony McCartney ‏@mccartneyAP 8m
I'l address those later.
Plaintiff's attorney Brian Panish will resume questioning after the lunch break.
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Anthony McCartney ‏@mccartneyAP 8m
I've got to get back to court. There were a few more questions that Strong asked and she played a clip of Paris Jackson's deposition.
Expand
Anthony McCartney ‏@mccartneyAP 9m
Erk said his projections were much higher than these figures because the success of “This Is It” ticket sales showed the demand for MJ shows
Expand
Anthony McCartney ‏@mccartneyAP 9m
He said that was in a proposal to Colony Capital and was based on a tour of 186 concerts. This was before “TII” contract was signed.
Expand
Anthony McCartney ‏@mccartneyAP 9m
The accountant said AEG prepared figures in 2008 showing that Jackson could earn $132 million for a worldwide tour.
Expand
Anthony McCartney ‏@mccartneyAP 9m
Erk estimated Jackson would earn $452 million for worldwide concerts, another $121 million in merch and $317m for endorsements.
Expand
Anthony McCartney ‏@mccartneyAP 10m
It appeared AEG estimated Jackson would also receive another $8 million in merchandise sales (The #s were small on the screen.)
Expand
Anthony McCartney ‏@mccartneyAP 10m
The AEG budget estimated Jackson would receive between $22 million and $30.7 million from the London “This Is It” shows.
Expand
Anthony McCartney ‏@mccartneyAP 10m
After a break, Strong asked Erk about his reliance on an AEG Live budget for his projections. He used a budget prepared on June 24, 2009.
Expand
Anthony McCartney ‏@mccartneyAP 10m
The accountant estimated that concert-goers would spend an average of $19 on MJ-merchandise at each concert.
Expand
Anthony McCartney ‏@mccartneyAP 10m
Erk said he didn’t think he over-estimated the number of tickets that would be sold on a “This Is It” world tour.
Expand
Anthony McCartney ‏@mccartneyAP 11m
Strong also asked whether Erk’s merchandise estimates were overly-optimistic due to possible over-inflation of his ticket sales projections.
Expand
Anthony McCartney ‏@mccartneyAP 11m
... been involved in a high-profile criminal trial. Erk said that he did not know of any artist who’d received such a big deal after a trial
Expand
Anthony McCartney ‏@mccartneyAP 12m
The lawyer asked Erk whether he knew of any artist who got a sponsorship deal worth hundreds of millions of dollars who’d (cont) ...
Expand
Anthony McCartney ‏@mccartneyAP 12m
In discussing the Beyonce deal, Strong brought up the child molestation trial and Beyonce’s squeaky clean image.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Using gross figures wouldn't account for any sharing of the deal’s profits with AEG Live or some other entity.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Strong also pointed out that Erk’s numbers were gross figures, meaning that he calculated Jackson would receive the full $267 million.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Erk assumed that Jackson would get a “Pepsi-like” endorsement deal with several companies, but he’s not aware of any deals pending in 2009.
Expand
Anthony McCartney ‏@mccartneyAP 14m
The accountant adjusted his figures for Jackson up based on his assumption that the singer would do a 260 show worldwide tour.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Beyonce’s reported deal _ Erk doesn’t know if the figures are right _ was the equivalent of 42% of her tour revenues.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Erk based that figure on a calculation based off the reported $50 million value of a Beyonce/Pepsi endorsement deal.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Strong also challenged Erk’s projection that Jackson would have gotten another endorsement deal worth $267 million.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Erk said it was his expectation that Jackson would get an endorsement deal based on his popularity in the 1980s, “This Is It” ticket sales.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Erk projected that Jackson would get a $50 million clothing endorsement deal. Strong tried to get Erk to say that was pure speculation.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Strong challenged all of Erk’s figures this morning, starting out with his endorsement projections. Erk stated his figures were conservative
Expand
Anthony McCartney ‏@mccartneyAP 15m
A few more updates from the morning session in Jackson vs AEG Live coming up...
Expand
Anthony McCartney ‏@mccartneyAP 45m
AEG Live defense attorney Sabrina Strong concluded her cross-examination of CPA Arthur Erk before the lunch break.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Strong continued to challenge Erk’s projections of Michael Jackson’s earnings. She focused on estimates for endorsement deals.
Expand
Anthony McCartney ‏@mccartneyAP 2h
AEG Live defense attorney Sabrina Strong continued her cross-examination of CPA Arthur Erk, who started testifying on Friday.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Palazuelos: “Even though we’re going over a little bit, I don’t think it’s unreasonable.” She told juror to convey any concerns to the court
Expand
Anthony McCartney ‏@mccartneyAP 2h
Palazuelos told the jury she expected the case to end in mid-September, which is later than some jurors thought they’d be here.
Expand
Anthony McCartney ‏@mccartneyAP 2h
... estimate is off by a few days, then that would put the end of their case in mid-September.
Expand
Anthony McCartney ‏@mccartneyAP 2h
For the first half of September, there are only four days court is in session. Plaintiff’s lawyer Brian Panish noted that if the defense ...
Expand
Anthony McCartney ‏@mccartneyAP 2h
Putnam said he’s weighing how much of a defense he needs to put up, and Palazuelos told him he needed to take as long as he needs.
Expand
Anthony McCartney ‏@mccartneyAP 2h
AEG Live defense attorney Marvin Putnam said he’s going to try to wrap up his case by the end of August, assuming plaintiff’s rest this week
Expand
Anthony McCartney ‏@mccartneyAP 2h
When the judge took the bench, the attorneys addressed the time estimate of the trial. The jury inquired about it yesterday.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Superior Court Judge Yvette Palazuelos also called the attorneys into chambers and met with them before testimony resumed.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Before testimony began, the clerk outlined the rules for the courtroom and courthouse, saying no interviews should occur outside courtroom.
Expand
Anthony McCartney ‏@mccartneyAP 2h
We're on the morning break in Jackson vs AEG Live case. A few updates coming...
I'l address those later.
Plaintiff's attorney Brian Panish will resume questioning after the lunch break.
Expand Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 8m
I've got to get back to court. There were a few more questions that Strong asked and she played a clip of Paris Jackson's deposition.
Expand
Anthony McCartney ‏@mccartneyAP 9m
Erk said his projections were much higher than these figures because the success of “This Is It” ticket sales showed the demand for MJ shows
Expand
Anthony McCartney ‏@mccartneyAP 9m
He said that was in a proposal to Colony Capital and was based on a tour of 186 concerts. This was before “TII” contract was signed.
Expand
Anthony McCartney ‏@mccartneyAP 9m
The accountant said AEG prepared figures in 2008 showing that Jackson could earn $132 million for a worldwide tour.
Expand
Anthony McCartney ‏@mccartneyAP 9m
Erk estimated Jackson would earn $452 million for worldwide concerts, another $121 million in merch and $317m for endorsements.
Expand
Anthony McCartney ‏@mccartneyAP 10m
It appeared AEG estimated Jackson would also receive another $8 million in merchandise sales (The #s were small on the screen.)
Expand
Anthony McCartney ‏@mccartneyAP 10m
The AEG budget estimated Jackson would receive between $22 million and $30.7 million from the London “This Is It” shows.
Expand
Anthony McCartney ‏@mccartneyAP 10m
After a break, Strong asked Erk about his reliance on an AEG Live budget for his projections. He used a budget prepared on June 24, 2009.
Expand
Anthony McCartney ‏@mccartneyAP 10m
The accountant estimated that concert-goers would spend an average of $19 on MJ-merchandise at each concert.
Expand
Anthony McCartney ‏@mccartneyAP 10m
Erk said he didn’t think he over-estimated the number of tickets that would be sold on a “This Is It” world tour.
Expand
Anthony McCartney ‏@mccartneyAP 11m
Strong also asked whether Erk’s merchandise estimates were overly-optimistic due to possible over-inflation of his ticket sales projections.
Expand
Anthony McCartney ‏@mccartneyAP 11m
... been involved in a high-profile criminal trial. Erk said that he did not know of any artist who’d received such a big deal after a trial
Expand
Anthony McCartney ‏@mccartneyAP 12m
The lawyer asked Erk whether he knew of any artist who got a sponsorship deal worth hundreds of millions of dollars who’d (cont) ...
Expand
Anthony McCartney ‏@mccartneyAP 12m
In discussing the Beyonce deal, Strong brought up the child molestation trial and Beyonce’s squeaky clean image.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Using gross figures wouldn't account for any sharing of the deal’s profits with AEG Live or some other entity.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Strong also pointed out that Erk’s numbers were gross figures, meaning that he calculated Jackson would receive the full $267 million.
Expand
Anthony McCartney ‏@mccartneyAP 13m
Erk assumed that Jackson would get a “Pepsi-like” endorsement deal with several companies, but he’s not aware of any deals pending in 2009.
Expand
Anthony McCartney ‏@mccartneyAP 14m
The accountant adjusted his figures for Jackson up based on his assumption that the singer would do a 260 show worldwide tour.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Beyonce’s reported deal _ Erk doesn’t know if the figures are right _ was the equivalent of 42% of her tour revenues.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Erk based that figure on a calculation based off the reported $50 million value of a Beyonce/Pepsi endorsement deal.
Expand
Anthony McCartney ‏@mccartneyAP 14m
Strong also challenged Erk’s projection that Jackson would have gotten another endorsement deal worth $267 million.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Erk said it was his expectation that Jackson would get an endorsement deal based on his popularity in the 1980s, “This Is It” ticket sales.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Erk projected that Jackson would get a $50 million clothing endorsement deal. Strong tried to get Erk to say that was pure speculation.
Expand
Anthony McCartney ‏@mccartneyAP 15m
Strong challenged all of Erk’s figures this morning, starting out with his endorsement projections. Erk stated his figures were conservative
Expand
Anthony McCartney ‏@mccartneyAP 15m
A few more updates from the morning session in Jackson vs AEG Live coming up...
Expand
Anthony McCartney ‏@mccartneyAP 45m
AEG Live defense attorney Sabrina Strong concluded her cross-examination of CPA Arthur Erk before the lunch break.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Strong continued to challenge Erk’s projections of Michael Jackson’s earnings. She focused on estimates for endorsement deals.
Expand
Anthony McCartney ‏@mccartneyAP 2h
AEG Live defense attorney Sabrina Strong continued her cross-examination of CPA Arthur Erk, who started testifying on Friday.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Palazuelos: “Even though we’re going over a little bit, I don’t think it’s unreasonable.” She told juror to convey any concerns to the court
Expand
Anthony McCartney ‏@mccartneyAP 2h
Palazuelos told the jury she expected the case to end in mid-September, which is later than some jurors thought they’d be here.
Expand
Anthony McCartney ‏@mccartneyAP 2h
... estimate is off by a few days, then that would put the end of their case in mid-September.
Expand
Anthony McCartney ‏@mccartneyAP 2h
For the first half of September, there are only four days court is in session. Plaintiff’s lawyer Brian Panish noted that if the defense ...
Expand
Anthony McCartney ‏@mccartneyAP 2h
Putnam said he’s weighing how much of a defense he needs to put up, and Palazuelos told him he needed to take as long as he needs.
Expand
Anthony McCartney ‏@mccartneyAP 2h
AEG Live defense attorney Marvin Putnam said he’s going to try to wrap up his case by the end of August, assuming plaintiff’s rest this week
Expand
Anthony McCartney ‏@mccartneyAP 2h
When the judge took the bench, the attorneys addressed the time estimate of the trial. The jury inquired about it yesterday.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Superior Court Judge Yvette Palazuelos also called the attorneys into chambers and met with them before testimony resumed.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Before testimony began, the clerk outlined the rules for the courtroom and courthouse, saying no interviews should occur outside courtroom.
Expand
Anthony McCartney ‏@mccartneyAP 2h
We're on the morning break in Jackson vs AEG Live case. A few updates coming...
Re: Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
ABC7 Court News ?@ABC7Courts 33m
Strong asked if Erk recalls Katherine Jackson saying MJ didn't want to do the Moonwalk after he was 50. He said yes.
Expand Reply Retweet Favorite More
ABC7 Court News ?@ABC7Courts 33m
Strong: You testified in your depo you have no idea whether MJ would be successful at making movies, correct?
Erk: That's correct
Expand
ABC7 Court News ?@ABC7Courts 33m
Strong: Do you know any tour that ever grossed that much?
Erk: No. This would've been world record breaking tour
Expand
ABC7 Court News ?@ABC7Courts 34m
Erk said AEG had no idea of the demand and when the shows were sold out in a matter of hours they knew they could take the show everywhere.
Expand
ABC7 Court News ?@ABC7Courts 34m
"It shows they clearly intended to take him around the world," Erk said about the email on the plan, mentions a net to MJ of $132 million.
Expand
ABC7 Court News ?@ABC7Courts 35m
Erk said he relied on email exchanges from September 2008 that included records, movies and others, such as worldwide tour.
Expand
ABC7 Court News ?@ABC7Courts 36m
Approximately 13 million tickets sold, 260 shows, merchandising and endorsement estimate.
Expand
ABC7 Court News ?@ABC7Courts 36m
Erk's projection:
Net revenue to MJ, 260 tour $460 million
Merchandising $121 million
Endorsements $317 million
Net number of $890.5 million
Expand
ABC7 Court News ?@ABC7Courts 37m
Strong showed a side-by-side demonstrative of AEG's and Erk's projection.
Expand
ABC7 Court News ?@ABC7Courts 37m
AEG did not project a single dollar in endorsement in this budget or any other budget that Erk saw.
Expand
ABC7 Court News ?@ABC7Courts 37m
AEG projected 750,000 tickets sold and didn't estimate revenue of merchandising.
Expand
ABC7 Court News ?@ABC7Courts 37m
Strong said the range AEG Live was projecting MJ would take home for performing all 50 concerts at O2 arena was between $22 and $30 million.
Expand
ABC7 Court News ?@ABC7Courts 38m
Alternative budget had projection of a little over $30 million, Strong showed.
Expand
ABC7 Court News ?@ABC7Courts 38m
Net Income, amount of money AEG Live projected MJ would take home had he performed all 50 shows at the O2 arena: little over $22 million
Expand
ABC7 Court News ?@ABC7Courts 38m
AEG's projection of what MJ would take home was a little over $20 million, according to the budget Strong showed.
Expand
ABC7 Court News ?@ABC7Courts 38m
Strong asked Erk if he relied on AEG's own budget to come up with his estimations. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 39m
Going back to Beyonce, Strong asked if Beyonce ever had negative publicity. "As far as I know, no," Erk responded.
Expand
ABC7 Court News ?@ABC7Courts 39m
"The outstanding, unprecedented demand for tickets took care of that," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 39m
Strong asked if MJ's molestation accusations and trial affected his estimation in the endorsement deals.
Expand
ABC7 Court News ?@ABC7Courts 40m
Strong: You are not aware of any endorsement or sponsorship deal for TII tour being in place when MJ died?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 40m
Erk: By evidence of selling so many tickers, I have no other way to come to that conclusion, but based on the facts of tickets sold, yes
Expand
ABC7 Court News ?@ABC7Courts 41m
Erk: If you need a yes or no answer, the answer is yes
Expand
ABC7 Court News ?@ABC7Courts 41m
Strong: So my question was, do you think MJ's image was rehabilitated to get an endorsement deal?
Expand
ABC7 Court News ?@ABC7Courts 42m
"I think AEG was more concerned with people in the US than worldwide," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 45m
Strong: Was his image rehabilitated by June 2009?
Erk: It wasn't consideration on my part since it sold so many tickets in a short time
Expand
ABC7 Court News ?@ABC7Courts 48m
"What I do know as fact is that the demand was there," Erk said. "The demand was there, I think that is unquestionable."
Expand
ABC7 Court News ?@ABC7Courts 49m
Strong asked if Erk thought MJ's image was rehabilitated in June of 2009.
Expand
ABC7 Court News ?@ABC7Courts 50m
"I answered before I didn't see the contract, my firm doesn't have Beyonce, I couldn 't confirm the deal."
Expand
ABC7 Court News ?@ABC7Courts 50m
"If the reported figures are correct, the 42% is correct," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 51m
Strong asked if Erk knows for a fact that Beyonce's endorsement deal being 42% of gross revenue is true.
Expand
ABC7 Court News ?@ABC7Courts 51m
Strong questioned whether Erk always trusted the media reports to be true. He said no, but no one disputed Beyonce's endorsement number.
Expand
ABC7 Court News ?@ABC7Courts 52m
Erk said that most endorsement deals are private, Beyonce's was the only one that was made public through the media.
Expand
ABC7 Court News ?@ABC7Courts 52m
Strong inquired Erk whether he knows any other artist who has endorsement being 40% of gross revenue.
Expand
ABC7 Court News ?@ABC7Courts 52m
Strong: Do you know if anyone ever used your methodology to estimate endorsement deal?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 53m
Beyonce's most recent gross was close to $120 million. The Pepsi deal was, reportedly, $50 million, which is almost 42% of the tour revenue.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk said he relied on news reports regarding Beyonce's Pepsi deal. He didn't actually see the deal himself.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk came up with $50 million for clothing endorsement based on earlier deal of $28 million plus inflation/financial adjustments to year 2009
Expand
ABC7 Court News ?@ABC7Courts 2h
"Speculative is hope," Erk opined.
Expand
ABC7 Court News ?@ABC7Courts 2h
She then asked if the $50 million figure was speculation. Erk said no that he had reasonable belief shows would happen, clothes would sell.
Expand
ABC7 Court News ?@ABC7Courts 2h
Strong questioned whether Erk really thought MJ, at 50 years old, would be a fashion icon for young audience. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk said MJ's clothing would become a fashion statement and that people would want to wear it. Thus the demand.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk estimated clothing endorsement to be $50 million and $217 million based on a calculation of a Pepsi deal Beyonce had in 2012.
Expand
ABC7 Court News ?@ABC7Courts 2h
Back to testimony. Strong asked Erk about sponsorship/endorsement. He estimated MJ would get $317 million in the "This Is It" tour.
Expand
ABC7 Court News ?@ABC7Courts 2h
Judge said attorneys are trying their best to expedite things, but with some days off and lots of witnesses estimate is stretched further.
Expand
ABC7 Court News ?@ABC7Courts 2h
When jurors took their seats, Judge Yvette Palazuelos told them they have a better estimate for end of trial to be in mid-September.
Expand
ABC7 Court News ?@ABC7Courts 2h
Jacksons' attorney Brian Panish and AEG's attorney Marvin Putnam shouted words to each other. Sheriffs were summoned to calm them down.
Expand
ABC7 Court News ?@ABC7Courts 2h
Yesterday, after session concluded, attorneys for both sides were in the hallway speaking to the media and got angry at each other.
Expand
ABC7 Court News ?@ABC7Courts 2h
Earlier today, the court sent email to all media members that interviews are to be conducted only in approved areas or outside the building.
Expand
ABC7 Court News ?@ABC7Courts 2h
Judge called attorneys for both sides into her chambers for a sidebar.
Expand
ABC7 Court News ?@ABC7Courts 2h
This comment was made in light of the heated exchange between the attorneys in the hallway yesterday while talking to the media and fans.
Expand
ABC7 Court News ?@ABC7Courts 2h
Outside the presence of the jurors, judge told everyone to follow the rules of the court and that things are getting out of hand.
Expand
ABC7 Court News ?@ABC7Courts 2h
Jackson's expert witness, CPA Arthur Erk, is back on the stand for cross examination. Sabrina Strong, for AEG, doing the questioning.
Expand
ABC7 Court News ?@ABC7Courts 2h
Hello form the courthouse in downtown LA. Day 50 of Jackson family vs AEG trial is currently underway.
ABC7 Court News ?@ABC7Courts 33m
Strong asked if Erk recalls Katherine Jackson saying MJ didn't want to do the Moonwalk after he was 50. He said yes.
Expand Reply Retweet Favorite More
ABC7 Court News ?@ABC7Courts 33m
Strong: You testified in your depo you have no idea whether MJ would be successful at making movies, correct?
Erk: That's correct
Expand
ABC7 Court News ?@ABC7Courts 33m
Strong: Do you know any tour that ever grossed that much?
Erk: No. This would've been world record breaking tour
Expand
ABC7 Court News ?@ABC7Courts 34m
Erk said AEG had no idea of the demand and when the shows were sold out in a matter of hours they knew they could take the show everywhere.
Expand
ABC7 Court News ?@ABC7Courts 34m
"It shows they clearly intended to take him around the world," Erk said about the email on the plan, mentions a net to MJ of $132 million.
Expand
ABC7 Court News ?@ABC7Courts 35m
Erk said he relied on email exchanges from September 2008 that included records, movies and others, such as worldwide tour.
Expand
ABC7 Court News ?@ABC7Courts 36m
Approximately 13 million tickets sold, 260 shows, merchandising and endorsement estimate.
Expand
ABC7 Court News ?@ABC7Courts 36m
Erk's projection:
Net revenue to MJ, 260 tour $460 million
Merchandising $121 million
Endorsements $317 million
Net number of $890.5 million
Expand
ABC7 Court News ?@ABC7Courts 37m
Strong showed a side-by-side demonstrative of AEG's and Erk's projection.
Expand
ABC7 Court News ?@ABC7Courts 37m
AEG did not project a single dollar in endorsement in this budget or any other budget that Erk saw.
Expand
ABC7 Court News ?@ABC7Courts 37m
AEG projected 750,000 tickets sold and didn't estimate revenue of merchandising.
Expand
ABC7 Court News ?@ABC7Courts 37m
Strong said the range AEG Live was projecting MJ would take home for performing all 50 concerts at O2 arena was between $22 and $30 million.
Expand
ABC7 Court News ?@ABC7Courts 38m
Alternative budget had projection of a little over $30 million, Strong showed.
Expand
ABC7 Court News ?@ABC7Courts 38m
Net Income, amount of money AEG Live projected MJ would take home had he performed all 50 shows at the O2 arena: little over $22 million
Expand
ABC7 Court News ?@ABC7Courts 38m
AEG's projection of what MJ would take home was a little over $20 million, according to the budget Strong showed.
Expand
ABC7 Court News ?@ABC7Courts 38m
Strong asked Erk if he relied on AEG's own budget to come up with his estimations. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 39m
Going back to Beyonce, Strong asked if Beyonce ever had negative publicity. "As far as I know, no," Erk responded.
Expand
ABC7 Court News ?@ABC7Courts 39m
"The outstanding, unprecedented demand for tickets took care of that," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 39m
Strong asked if MJ's molestation accusations and trial affected his estimation in the endorsement deals.
Expand
ABC7 Court News ?@ABC7Courts 40m
Strong: You are not aware of any endorsement or sponsorship deal for TII tour being in place when MJ died?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 40m
Erk: By evidence of selling so many tickers, I have no other way to come to that conclusion, but based on the facts of tickets sold, yes
Expand
ABC7 Court News ?@ABC7Courts 41m
Erk: If you need a yes or no answer, the answer is yes
Expand
ABC7 Court News ?@ABC7Courts 41m
Strong: So my question was, do you think MJ's image was rehabilitated to get an endorsement deal?
Expand
ABC7 Court News ?@ABC7Courts 42m
"I think AEG was more concerned with people in the US than worldwide," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 45m
Strong: Was his image rehabilitated by June 2009?
Erk: It wasn't consideration on my part since it sold so many tickets in a short time
Expand
ABC7 Court News ?@ABC7Courts 48m
"What I do know as fact is that the demand was there," Erk said. "The demand was there, I think that is unquestionable."
Expand
ABC7 Court News ?@ABC7Courts 49m
Strong asked if Erk thought MJ's image was rehabilitated in June of 2009.
Expand
ABC7 Court News ?@ABC7Courts 50m
"I answered before I didn't see the contract, my firm doesn't have Beyonce, I couldn 't confirm the deal."
Expand
ABC7 Court News ?@ABC7Courts 50m
"If the reported figures are correct, the 42% is correct," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 51m
Strong asked if Erk knows for a fact that Beyonce's endorsement deal being 42% of gross revenue is true.
Expand
ABC7 Court News ?@ABC7Courts 51m
Strong questioned whether Erk always trusted the media reports to be true. He said no, but no one disputed Beyonce's endorsement number.
Expand
ABC7 Court News ?@ABC7Courts 52m
Erk said that most endorsement deals are private, Beyonce's was the only one that was made public through the media.
Expand
ABC7 Court News ?@ABC7Courts 52m
Strong inquired Erk whether he knows any other artist who has endorsement being 40% of gross revenue.
Expand
ABC7 Court News ?@ABC7Courts 52m
Strong: Do you know if anyone ever used your methodology to estimate endorsement deal?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 53m
Beyonce's most recent gross was close to $120 million. The Pepsi deal was, reportedly, $50 million, which is almost 42% of the tour revenue.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk said he relied on news reports regarding Beyonce's Pepsi deal. He didn't actually see the deal himself.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk came up with $50 million for clothing endorsement based on earlier deal of $28 million plus inflation/financial adjustments to year 2009
Expand
ABC7 Court News ?@ABC7Courts 2h
"Speculative is hope," Erk opined.
Expand
ABC7 Court News ?@ABC7Courts 2h
She then asked if the $50 million figure was speculation. Erk said no that he had reasonable belief shows would happen, clothes would sell.
Expand
ABC7 Court News ?@ABC7Courts 2h
Strong questioned whether Erk really thought MJ, at 50 years old, would be a fashion icon for young audience. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk said MJ's clothing would become a fashion statement and that people would want to wear it. Thus the demand.
Expand
ABC7 Court News ?@ABC7Courts 2h
Erk estimated clothing endorsement to be $50 million and $217 million based on a calculation of a Pepsi deal Beyonce had in 2012.
Expand
ABC7 Court News ?@ABC7Courts 2h
Back to testimony. Strong asked Erk about sponsorship/endorsement. He estimated MJ would get $317 million in the "This Is It" tour.
Expand
ABC7 Court News ?@ABC7Courts 2h
Judge said attorneys are trying their best to expedite things, but with some days off and lots of witnesses estimate is stretched further.
Expand
ABC7 Court News ?@ABC7Courts 2h
When jurors took their seats, Judge Yvette Palazuelos told them they have a better estimate for end of trial to be in mid-September.
Expand
ABC7 Court News ?@ABC7Courts 2h
Jacksons' attorney Brian Panish and AEG's attorney Marvin Putnam shouted words to each other. Sheriffs were summoned to calm them down.
Expand
ABC7 Court News ?@ABC7Courts 2h
Yesterday, after session concluded, attorneys for both sides were in the hallway speaking to the media and got angry at each other.
Expand
ABC7 Court News ?@ABC7Courts 2h
Earlier today, the court sent email to all media members that interviews are to be conducted only in approved areas or outside the building.
Expand
ABC7 Court News ?@ABC7Courts 2h
Judge called attorneys for both sides into her chambers for a sidebar.
Expand
ABC7 Court News ?@ABC7Courts 2h
This comment was made in light of the heated exchange between the attorneys in the hallway yesterday while talking to the media and fans.
Expand
ABC7 Court News ?@ABC7Courts 2h
Outside the presence of the jurors, judge told everyone to follow the rules of the court and that things are getting out of hand.
Expand
ABC7 Court News ?@ABC7Courts 2h
Jackson's expert witness, CPA Arthur Erk, is back on the stand for cross examination. Sabrina Strong, for AEG, doing the questioning.
Expand
ABC7 Court News ?@ABC7Courts 2h
Hello form the courthouse in downtown LA. Day 50 of Jackson family vs AEG trial is currently underway.
Judge chides Michael Jackson, AEG attorneys for childish spats
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Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 17, 2013, 2:16 p.m.
Following a blow-up outside the courtroom between two attorneys in the Michael Jackson wrongful death suit, the judge warned the attorneys in chambers that they could be sanctioned if the feuds continue and prohibited them from speaking to reporters about the case near the courtroom.
Kevin Boyle and Brian Panish, lawyers for Michael Jackson and his three children, said that Marvin Putnam, AEG's lead attorney, refused to shake hands with Panish and called him "despicable."
"Where I’m from, handshakes mean something, and they're not empty gestures,” said Putnam, who had the confrontation with Panish a day earlier.
Putnam said that he may have told Panish, "What you did yesterday was despicable."
Panish, a former football player at Fresno State, and Putnam, who received his bachelor's degree from Harvard, seem to have an almost visceral dislike of one another, and the two sides have been sniping at each other inside and outside the courtroom almost since the trial began 2-1/2 months ago. Last month, Putnum accused Panish of giving him "the finger" twice.
After the trial recessed Tuesday, the two men were giving their spins on the case to reporters in the hall outside the courtroom when they got into a very loud and heated discussion. "Don't yell at me, Mr. Putnam," Panish said.
Court clerk Nelli Raya, who was holding the courtroom door open, said, "Everyone go your separate ways."
The men continued arguing after Raya said she was going to tell the judge. "He's afraid of the truth," Putnam said.
"Where's Mr. Anschutz?" Panish replied.
Putnam asked what Philip Anschutz, the owner of AEG, the parent company of AEG Live, had to do with the case. As he walked away, Putnam took a parting shot at Panish. "He says these lies to the press and they pick it up."
Putnam said in an interview Wednesday that Panish had "defamed a number of people inside the courtroom and outside the courtroom."
Even before the courthouse opened Wednesday, reporters received an email from the Superior Court's public information office telling them interviews could not be conducted in the hallway "per order of the supervising judge of this building."
Before Superior Court Judge Yvette Palazuelos took the bench, she called the attorneys into her chambers. Panish and Boyle said she told the attorneys they were embarrassing everyone.
Palazuelos told them not to repeat their actions or she would punish them or bring them over to Presiding Judge Daniel Buckley. Both apologized, the two attorneys said.
Boyle said he jokingly asked Palazuelos if it was OK for him to argue with Jessica Stebbins Bina, another AEG attorney, who, like Putnam, works for O'Melveny and Myers.
The attorneys returned to the courtroom after about 10 minutes.
While the attorneys were in the judge's chambers, Raya passed out a one-page list of rules to reporters and emphasized they could not talk to attorneys about the case near the courtroom.
"So you have all been warned," she said. "Basically it means I will kick you out of the court if I see you violating the rules." She also said that reporters and other spectators were prohibited from laughing.
The jury was called in and AEG attorney Samantha Strong continued her cross examination of an accountant who said Jackson could have made $1.5 billion if he had taken the "This Is It" concerts on a worldwide tour.
Strong was standing behind a lectern, a foot or two behind the seated Panish, who had turned around to look at her. At one point jurors laughed. "Did I miss something?" the judge asked.
"I think we have Mr. Panish making faces at me," Strong said.
Panish complained that Strong was "doing it. Raising eyebrows and doing other things. That's why I wanted to watch."
Palazuelos replied, "The good thing about where I sit is I can see everything.”
A few minutes later the judge saw Panish looking at Strong again. "Mr. Panish," she said, like a teacher scolding a wayward student, and made a hand motion for him to turn around.
A little later she gave Panish the signal again .“Remember what I said about turning around so I can see you," she said. "I want to see all of you.”
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Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Jeff Gottlieb
July 17, 2013, 2:16 p.m.
Following a blow-up outside the courtroom between two attorneys in the Michael Jackson wrongful death suit, the judge warned the attorneys in chambers that they could be sanctioned if the feuds continue and prohibited them from speaking to reporters about the case near the courtroom.
Kevin Boyle and Brian Panish, lawyers for Michael Jackson and his three children, said that Marvin Putnam, AEG's lead attorney, refused to shake hands with Panish and called him "despicable."
"Where I’m from, handshakes mean something, and they're not empty gestures,” said Putnam, who had the confrontation with Panish a day earlier.
Putnam said that he may have told Panish, "What you did yesterday was despicable."
Panish, a former football player at Fresno State, and Putnam, who received his bachelor's degree from Harvard, seem to have an almost visceral dislike of one another, and the two sides have been sniping at each other inside and outside the courtroom almost since the trial began 2-1/2 months ago. Last month, Putnum accused Panish of giving him "the finger" twice.
After the trial recessed Tuesday, the two men were giving their spins on the case to reporters in the hall outside the courtroom when they got into a very loud and heated discussion. "Don't yell at me, Mr. Putnam," Panish said.
Court clerk Nelli Raya, who was holding the courtroom door open, said, "Everyone go your separate ways."
The men continued arguing after Raya said she was going to tell the judge. "He's afraid of the truth," Putnam said.
"Where's Mr. Anschutz?" Panish replied.
Putnam asked what Philip Anschutz, the owner of AEG, the parent company of AEG Live, had to do with the case. As he walked away, Putnam took a parting shot at Panish. "He says these lies to the press and they pick it up."
Putnam said in an interview Wednesday that Panish had "defamed a number of people inside the courtroom and outside the courtroom."
Even before the courthouse opened Wednesday, reporters received an email from the Superior Court's public information office telling them interviews could not be conducted in the hallway "per order of the supervising judge of this building."
Before Superior Court Judge Yvette Palazuelos took the bench, she called the attorneys into her chambers. Panish and Boyle said she told the attorneys they were embarrassing everyone.
Palazuelos told them not to repeat their actions or she would punish them or bring them over to Presiding Judge Daniel Buckley. Both apologized, the two attorneys said.
Boyle said he jokingly asked Palazuelos if it was OK for him to argue with Jessica Stebbins Bina, another AEG attorney, who, like Putnam, works for O'Melveny and Myers.
The attorneys returned to the courtroom after about 10 minutes.
While the attorneys were in the judge's chambers, Raya passed out a one-page list of rules to reporters and emphasized they could not talk to attorneys about the case near the courtroom.
"So you have all been warned," she said. "Basically it means I will kick you out of the court if I see you violating the rules." She also said that reporters and other spectators were prohibited from laughing.
The jury was called in and AEG attorney Samantha Strong continued her cross examination of an accountant who said Jackson could have made $1.5 billion if he had taken the "This Is It" concerts on a worldwide tour.
Strong was standing behind a lectern, a foot or two behind the seated Panish, who had turned around to look at her. At one point jurors laughed. "Did I miss something?" the judge asked.
"I think we have Mr. Panish making faces at me," Strong said.
Panish complained that Strong was "doing it. Raising eyebrows and doing other things. That's why I wanted to watch."
Palazuelos replied, "The good thing about where I sit is I can see everything.”
A few minutes later the judge saw Panish looking at Strong again. "Mr. Panish," she said, like a teacher scolding a wayward student, and made a hand motion for him to turn around.
A little later she gave Panish the signal again .“Remember what I said about turning around so I can see you," she said. "I want to see all of you.”
Promoter plotted out worldwide tour for Jackson
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Promoter plotted out worldwide tour for Jackson.
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FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of his 2-days concert tour in Manila, dubbed as HIStory World tour. Accounting expert Arthur Erk told a jury on Monday, July 15, 2013, that Jackson would have likely earned at least $1.1 billion if he completed a worldwide tour and crafted a Las Vegas show before dying. Erk's testimony in a lawsuit filed by the singer's mother, Katherine Jackson, against concert promoter AEG Live LLC, includes estimates that Jackson would have spent $134 million before retiring from showbiz at age 65. (AP Photo/Pat Roque, File)
Associated Press Anthony Mccartney, AP Entertainment Writer 8 minutes ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) -- Documents displayed for a jury Wednesday showed the promoter of Michael Jackson's ill-fated comeback concerts had contemplated a worldwide tour for the entertainer in the year before his death.
The documents prepared by AEG Live LLC envisioned 186 shows, with Jackson earning $132 million for his performances — far less than the $835 million that an accountant who previously testified for the Jackson family had projected the singer would pocket from 260 shows around the globe.
The company's plans and calculations were presented to jurors hearing a negligent hiring lawsuit filed by Katherine Jackson against AEG Live. Katherine Jackson's lawyers used the tour schedule to show the company had plans to mount an international comeback for the entertainer and that their expert's assertions were supported by AEG's own plans.
The AEG Live figures were intended to counter the previous estimate of Jackson's earning power prepared by certified public accountant Arthur Erk.
Erk had said Jackson could have earned more than $1 billion if merchandise sales, endorsement deals and the creation of a Las Vegas show were included in his take.
However, a lawyer for AEG Live got Erk to concede Tuesday that his projections were not based on historical figures of Jackson's earnings or spending.
The touring schedule drafted by AEG Live in September 2008 included shows in Europe, India, Australia and the United States. It was prepared by a top AEG Live executive trying to coax Jackson back on stage for the first time in more than a decade.
Jackson eventually agreed to do a series of concerts in London's O2 Arena. He died in June 2009 while rehearsals were underway for the "This Is It" shows.
His last tour had been in 1997, but the singer was scheduled to perform 50 shows in London beginning in July 2009. Jackson had not agreed to perform shows in any other countries.
Jackson died of an overdose of the anesthetic propofol administered by a doctor in June 2009. His mother claims AEG Live failed to properly investigate the doctor who was later convicted of involuntary manslaughter.
A jury of six men and six women is hearing the lawsuit and would consider possible damages if AEG is found liable.
The company denies it hired the doctor or bears any responsibility for the superstar's death.
AEG Live projected that Jackson would earn between $22 million and $30.7 million for the London "This Is It" shows. The singer did not have any sponsorship or endorsement deals for performances.
Jurors also watched a clips from deposition testimony by Jackson's daughter Paris, who said her father told her that he didn't plan to perform after the London shows but did intend to take his children on a worldwide tour.
"He still had a lot of music that he was still working on, but he kind of needed to relax," Paris Jackson said.
LikeDislike
Promoter plotted out worldwide tour for Jackson.
View gallery
FILE - In this Dec. 8, 1996 file photo, Michael Jackson belts out a song during the first concert of his 2-days concert tour in Manila, dubbed as HIStory World tour. Accounting expert Arthur Erk told a jury on Monday, July 15, 2013, that Jackson would have likely earned at least $1.1 billion if he completed a worldwide tour and crafted a Las Vegas show before dying. Erk's testimony in a lawsuit filed by the singer's mother, Katherine Jackson, against concert promoter AEG Live LLC, includes estimates that Jackson would have spent $134 million before retiring from showbiz at age 65. (AP Photo/Pat Roque, File)
Associated Press Anthony Mccartney, AP Entertainment Writer 8 minutes ago
Arts & EntertainmentCelebrities
LOS ANGELES (AP) -- Documents displayed for a jury Wednesday showed the promoter of Michael Jackson's ill-fated comeback concerts had contemplated a worldwide tour for the entertainer in the year before his death.
The documents prepared by AEG Live LLC envisioned 186 shows, with Jackson earning $132 million for his performances — far less than the $835 million that an accountant who previously testified for the Jackson family had projected the singer would pocket from 260 shows around the globe.
The company's plans and calculations were presented to jurors hearing a negligent hiring lawsuit filed by Katherine Jackson against AEG Live. Katherine Jackson's lawyers used the tour schedule to show the company had plans to mount an international comeback for the entertainer and that their expert's assertions were supported by AEG's own plans.
The AEG Live figures were intended to counter the previous estimate of Jackson's earning power prepared by certified public accountant Arthur Erk.
Erk had said Jackson could have earned more than $1 billion if merchandise sales, endorsement deals and the creation of a Las Vegas show were included in his take.
However, a lawyer for AEG Live got Erk to concede Tuesday that his projections were not based on historical figures of Jackson's earnings or spending.
The touring schedule drafted by AEG Live in September 2008 included shows in Europe, India, Australia and the United States. It was prepared by a top AEG Live executive trying to coax Jackson back on stage for the first time in more than a decade.
Jackson eventually agreed to do a series of concerts in London's O2 Arena. He died in June 2009 while rehearsals were underway for the "This Is It" shows.
His last tour had been in 1997, but the singer was scheduled to perform 50 shows in London beginning in July 2009. Jackson had not agreed to perform shows in any other countries.
Jackson died of an overdose of the anesthetic propofol administered by a doctor in June 2009. His mother claims AEG Live failed to properly investigate the doctor who was later convicted of involuntary manslaughter.
A jury of six men and six women is hearing the lawsuit and would consider possible damages if AEG is found liable.
The company denies it hired the doctor or bears any responsibility for the superstar's death.
AEG Live projected that Jackson would earn between $22 million and $30.7 million for the London "This Is It" shows. The singer did not have any sponsorship or endorsement deals for performances.
Jurors also watched a clips from deposition testimony by Jackson's daughter Paris, who said her father told her that he didn't plan to perform after the London shows but did intend to take his children on a worldwide tour.
"He still had a lot of music that he was still working on, but he kind of needed to relax," Paris Jackson said.
Re: Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
Anthony McCartney ?@mccartneyAP 34m
Jackson attorney Brian Panish used the tour plans to show AEG had plans for worldwide tour, similarities with their expert's opinions.
Expand Reply Retweet Favorite More
Anthony McCartney ?@mccartneyAP 34m
The plans were used by both sides in court. AEG used them to show their projections were lower than the experts.
Expand
Anthony McCartney ?@mccartneyAP 35m
Story link I just posted comprises some of plaintiff's questioning of CPA Arthur Erk in Jackson vs AEG Live case.
Expand
Anthony McCartney ?@mccartneyAP 36m
File shows promoter planned out worldwide tour for Michael Jackson in '08: http://yhoo.it/1bpZbaY
Estimate on earnings lower than expert's.
View summary
Anthony McCartney ?@mccartneyAP 41m
@ElkeHassell True on time estimate. The change of pace is nice, but I'm more comfortable on the courts beat.
View conversation
Anthony McCartney ?@mccartneyAP 47m
Another AEG left the door open in April, FWIW RT @rachel1970: Murray invoked the 5th amendment, so he won't testify, he said this months ago
View conversation
Anthony McCartney ?@mccartneyAP 48m
She's not. I'll try to post any story that comes out tomorrow. RT @TheMJAP: @mccartneyAP Is she on Twitter?
View conversation
Anthony McCartney ?@mccartneyAP 1h
"I have no intention of calling him," AEG Live defense attorney Marvin S. Putnam said when asked about calling Conrad Murray as a witness.
Expand
Anthony McCartney ?@mccartneyAP 1h
During arguments on Dr. Brown's testimony, the judge asked AEG's attorneys whether they intend to call Conrad Murray.
Expand
Anthony McCartney ?@mccartneyAP 1h
I won't be covering the trial tomorrow _ will be working Emmy nominations bright and early tomorrow.
AP's Linda Deutsch will be covering.
Expand
Anthony McCartney ?@mccartneyAP 1h
Tomorrow's witnesses are expected to be videotaped testimony by Dr. Emery Brown in the morning, economist Peter Formuzis in the afternoon.
Expand
Anthony McCartney ?@mccartneyAP 1h
I've got a story coming shortly on today's testimony. Will get a few updates out soon after that.
Expand
Anthony McCartney ?@mccartneyAP 1h
We're done for the day in Jackson vs. AEG Live. Testimony will resume tomorrow at 10 a.m. PDT.
Anthony McCartney ?@mccartneyAP 34m
Jackson attorney Brian Panish used the tour plans to show AEG had plans for worldwide tour, similarities with their expert's opinions.
Expand Reply Retweet Favorite More
Anthony McCartney ?@mccartneyAP 34m
The plans were used by both sides in court. AEG used them to show their projections were lower than the experts.
Expand
Anthony McCartney ?@mccartneyAP 35m
Story link I just posted comprises some of plaintiff's questioning of CPA Arthur Erk in Jackson vs AEG Live case.
Expand
Anthony McCartney ?@mccartneyAP 36m
File shows promoter planned out worldwide tour for Michael Jackson in '08: http://yhoo.it/1bpZbaY
Estimate on earnings lower than expert's.
View summary
Anthony McCartney ?@mccartneyAP 41m
@ElkeHassell True on time estimate. The change of pace is nice, but I'm more comfortable on the courts beat.
View conversation
Anthony McCartney ?@mccartneyAP 47m
Another AEG left the door open in April, FWIW RT @rachel1970: Murray invoked the 5th amendment, so he won't testify, he said this months ago
View conversation
Anthony McCartney ?@mccartneyAP 48m
She's not. I'll try to post any story that comes out tomorrow. RT @TheMJAP: @mccartneyAP Is she on Twitter?
View conversation
Anthony McCartney ?@mccartneyAP 1h
"I have no intention of calling him," AEG Live defense attorney Marvin S. Putnam said when asked about calling Conrad Murray as a witness.
Expand
Anthony McCartney ?@mccartneyAP 1h
During arguments on Dr. Brown's testimony, the judge asked AEG's attorneys whether they intend to call Conrad Murray.
Expand
Anthony McCartney ?@mccartneyAP 1h
I won't be covering the trial tomorrow _ will be working Emmy nominations bright and early tomorrow.
AP's Linda Deutsch will be covering.
Expand
Anthony McCartney ?@mccartneyAP 1h
Tomorrow's witnesses are expected to be videotaped testimony by Dr. Emery Brown in the morning, economist Peter Formuzis in the afternoon.
Expand
Anthony McCartney ?@mccartneyAP 1h
I've got a story coming shortly on today's testimony. Will get a few updates out soon after that.
Expand
Anthony McCartney ?@mccartneyAP 1h
We're done for the day in Jackson vs. AEG Live. Testimony will resume tomorrow at 10 a.m. PDT.
Re: Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
ABC7 Court News ?@ABC7Courts 56s
For all the latest, watch @ABC7 and visit http://www.abc7.com . We hope to see you tomorrow for complete coverage of the trial.
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ABC7 Court News ?@ABC7Courts 4m
During arguments late in the day, judge asked AEG if they intend to call Dr. Murray to testify. Putnam responded he has no intention.
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ABC7 Court News ?@ABC7Courts 6m
Erk is excused. Judge adjourned session until 10 am PT tomorrow.
Next witnesses: Dr. Emery Brown (on Propofol) and economist Peter Formuzis
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ABC7 Court News ?@ABC7Courts 7m
Panish asked if Gongaware, as good promoter and with the sales he saw, would want more shows. Erk said he would've done as many as he could.
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ABC7 Court News ?@ABC7Courts 9m
"It can always go better, but it was fantastic," Erk said.
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ABC7 Court News ?@ABC7Courts 11m
Panish asked if selling out in a matter of hours is going well. Erk responded "Yes and then some."
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ABC7 Court News ?@ABC7Courts 11m
Panish in re-re-direct: What did he tell his children
Erk: We're going on a worldwide tour
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ABC7 Court News ?@ABC7Courts 12m
"He took his children wherever we went," Erk said
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ABC7 Court News ?@ABC7Courts 12m
Strong: MJ agreed to only 50 shows at the time he passed away in June 2009, isn't that correct?
Erk: Yes
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ABC7 Court News ?@ABC7Courts 13m
Strong: No one at AEG projected the numbers you projected, correct?
Erk: That's correct
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ABC7 Court News ?@ABC7Courts 13m
Email from Phillips to Leiweke:
Colony is receptive but skeptical like us as to whether MJ will really work.
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ABC7 Court News ?@ABC7Courts 14m
Strong said Gongaware's projection was not near what Erk calculated.
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ABC7 Court News ?@ABC7Courts 15m
Back to India, Gongaware projected 3 shows plus one private show. He contemplated 8 shows in Japan plus one private.
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ABC7 Court News ?@ABC7Courts 15m
She asked Erk if the email was written without knowing whether MJ would ever agree to it. He said yes.
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ABC7 Court News ?@ABC7Courts 15m
Strong talked about the September 2008 email with $132 million projection.
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ABC7 Court News ?@ABC7Courts 16m
As June 2009, Strong asked if Erk saw any evidence or sponsorship in place before his death. He said no.
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ABC7 Court News ?@ABC7Courts 16m
Erk said he has no knowledge of what AEG tried to do to get sponsorship opportunities for the tour.
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ABC7 Court News ?@ABC7Courts 17m
Strong asked if Phillips hoped he could have massive sponsorship opportunities if all went well. Erk said yes.
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ABC7 Court News ?@ABC7Courts 18m
Strong: Randy Phillips acknowledged that all had to go well, didn't he?
Erk: It appears that way
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ABC7 Court News ?@ABC7Courts 18m
The email mentions 12-14 new songs and then release of series on new singles. Erk said he doesn't know that MJ finish them.
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ABC7 Court News ?@ABC7Courts 19m
Email from Phillips to Nanoula in June 2008 detailing the plans for MJ's future: Richard, these are just my off the cuff ideas...
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ABC7 Court News ?@ABC7Courts 20m
Strong: Wasn't AEG hopeful for a successful tour?
Erk: You're always hopeful
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ABC7 Court News ?@ABC7Courts 20m
Strong: AEG Live had a lot of hope after selling the show?
Erk: I think it's more than hope
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ABC7 Court News ?@ABC7Courts 21m
Strong pointed in the email where there was an indication for "a" date in India, not 60 dates in India like Erk projected.
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ABC7 Court News ?@ABC7Courts 21m
Strong: And the merchandise projection AEG had was between $8 and $10 million, right?
Erk: Yes, that's what was in the budget
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ABC7 Court News ?@ABC7Courts 21m
Erk said he saw it and believes it was maybe in the $10 million range or thereabouts. Erk projected $121 million, the expert said.
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ABC7 Court News ?@ABC7Courts 22m
In re-cross Strong asked if Erk saw the June 2009 AEG budget and how much money AEG projected for the sale of merchandising.
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ABC7 Court News ?@ABC7Courts 23m
Panish asked if Erk believed it would help sell the merchandise. He said yes.
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ABC7 Court News ?@ABC7Courts 24m
Erk said Phillips was striking deal with Bravado to rent empty store in Oxford Circle to offer nothing but MJ merchandising.
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ABC7 Court News ?@ABC7Courts 24m
Panish asked Erk if he reviewed this email to determine if the tour in India wasn't just a hope, but plan. He said yes.
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ABC7 Court News ?@ABC7Courts 24m
Phillips answered:
Thanks, Thomas. MJ will definitely heading your way
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ABC7 Court News ?@ABC7Courts 25m
Email Thomas Overseen saying he had a client with serious interest in MJ's tour in India.
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ABC7 Court News ?@ABC7Courts 26m
Email cont'd: I intend to shove those 50 shows up Irving's and Rapino's asses and march on to do another 3 years of a world tour.
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ABC7 Court News ?@ABC7Courts 27m
Email from Phillips to Leiweke on April 15, 2009:
He is happy and they picked all male and female dancers.
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ABC7 Court News ?@ABC7Courts 29m
Erk said he used stadium shows and bigger arenas because of unprecedented demand.
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ABC7 Court News ?@ABC7Courts 29m
AEG projection is $132 million in the low end, $150 million in high end for less shows, less months, Erk said.
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ABC7 Court News ?@ABC7Courts 29m
Erk said that prorating the same amount of shows in 37 months, it is almost 260 shows.
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ABC7 Court News ?@ABC7Courts 30m
Panish: What are the figures AEG used for worldwide tour?
260 shows for my budget, 37 months
186 shows for 27 months
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ABC7 Court News ?@ABC7Courts 30m
Panish asked Erk is he saw multiple AEG documents detailing plans for worldwide tour. He said yes.
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ABC7 Court News ?@ABC7Courts 31m
Panish asked why 37 months. Erk said contract between MJ and AEG was 3 years, and he added a month.
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ABC7 Court News ?@ABC7Courts 32m
Panish asked if shows in AEG's projection were carried over to 37 months, how many shows would that be?
Erk: Almost 260
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ABC7 Court News ?@ABC7Courts 32m
There was a projection of $3-$10 million for private shows. Except with the private shows, Erk says his calculation was similar.
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ABC7 Court News ?@ABC7Courts 34m
Panish said this is a document prepared by Gongaware in addition to the 50 shows in the O2 arena.
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ABC7 Court News ?@ABC7Courts 34m
More tours:, South America, US starting in Florida, Texas, New Orleans, California, Denver, Utah, Chicago.
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ABC7 Court News ?@ABC7Courts 35m
World tour included: Berlin, Hamburg, Munich, Paris, Zurich, Milan, Johannesburg, Dubai, Japan, India, Australia, New Zealand
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ABC7 Court News ?@ABC7Courts 35m
Panish showed a document Gongaware attached to his projection with a list of tentative venues all over the world.
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ABC7 Court News ?@ABC7Courts 36m
Erk said AEG had 1.59 show per week in their projection and Erk had 1.60 shows per week in his projection.
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ABC7 Court News ?@ABC7Courts 36m
186 shows over 27 months -- Gongaware projection
260 shows over 37 months -- Erk projection
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ABC7 Court News ?@ABC7Courts 36m
Email cont'd: It's a big number, but this is not a number MJ will want to hear. He thinks he's so much bigger than that
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ABC7 Court News ?@ABC7Courts 37m
Email cont'd: On paper, it starts Jan 9 and runs thru April 2011...
Right now we project 186 shows... Net to Mikey $132 million
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ABC7 Court News ?@ABC7Courts 37m
Email from Gongaware:
MJ first draft worldwide tour projection
Here's a first-draft look at worldwide MJ tour.
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ABC7 Court News ?@ABC7Courts 38m
Panish: Did you just make-up this world tour idea?
Eark: No
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ABC7 Court News ?@ABC7Courts 38m
Panish: What was it that secured the debt?
Erk: Primarily his Sony/ATV catalogue
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ABC7 Court News ?@ABC7Courts 39m
Panish: If you don't have work income, is it possible you're going to spend more than you earn?
Erk: Most likely
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ABC7 Court News ?@ABC7Courts 39m
Erk said MJ did not have working income in ten years.
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ABC7 Court News ?@ABC7Courts 39m
Erk said MJ had assets to secure loans. Erk explained how the loan of significant amount of money works.
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ABC7 Court News ?@ABC7Courts 39m
Panish: Does people usually lend money for people who can't pay it back?
Erk: No
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ABC7 Court News ?@ABC7Courts 40m
For professional fees, Erk said he considered 10-20%, anywhere between $3-5 millions.
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ABC7 Court News ?@ABC7Courts 40m
Erk said he used $570K/month, which would work out to $6.7 million. He used higher monthly figure, but less annually.
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ABC7 Court News ?@ABC7Courts 40m
Panish showed a spreadsheet with all MJ's monthly expenses. The annual consumption based on actual receipts for MJ -- $7.6 million.
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ABC7 Court News ?@ABC7Courts 41m
Barbra Streisand is 71 and just finished up shows for AEG as well, Erk testified. Erk said Streisand grossed more than $18 million.
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ABC7 Court News ?@ABC7Courts 41m
Keith Richards had a long history of heroine problems, Erk said. He's also almost 69 years old and is touring, doing quite well.
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ABC7 Court News ?@ABC7Courts 42m
Mick Jagger is 69 years old, lead singer of the Rolling Stones. He just finished up shows that AEG promoted, Erk said.
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ABC7 Court News ?@ABC7Courts 42m
Email cont'd: how well we have rehabilitated him and very lucrative "exotics".
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ABC7 Court News ?@ABC7Courts 42m
Email cont'd: taking advantages of the gigantic secondary ticket market, massive sponsoring opportunities subject to
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ABC7 Court News ?@ABC7Courts 43m
Email from September 2008 plan:
In July 2009 -- If all goes well, we embark on a well routed and spread out worldwide tour
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ABC7 Court News ?@ABC7Courts 44m
"If London goes smoothly, we could migrate this show to the brand new, state-of-the-art stadium in Berlin, the O2 World," Phillips wrote.
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ABC7 Court News ?@ABC7Courts 44m
Erk went through the email describing what Phillips' plans were.
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ABC7 Court News ?@ABC7Courts 45m
Panish: Would you describe the demand for MJ's ticket a hope?
Erk: No
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ABC7 Court News ?@ABC7Courts 45m
Panish: Is there any question in your mind AEG not only believed they could sell out in London but worldwide?
Erk: No question
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ABC7 Court News ?@ABC7Courts 46m
Strong objected, and added that there's no question about the demand for the 50 show.
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ABC7 Court News ?@ABC7Courts 46m
Panish read a lengthy testimony from Randy Phillips when he said they were all surprised with the demand for tickets and standby people.
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ABC7 Court News ?@ABC7Courts 47m
Panish: Was MJ popular and could've sold tickets?
Erk: Absolutely
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ABC7 Court News ?@ABC7Courts 47m
"They were the ones selling the tickets, they should be in the know," Erk said.
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ABC7 Court News ?@ABC7Courts 47m
Panish asked why he took Phillips and Gongaware's testimony into consideration for his projections and calculation.
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Panish: Did you take that into consideration as to whether or not there would be demand for MJ's tour?
Erk: Absolutely
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Panish showed Gongaware's testimony when he talked about the high demand for MJ's tickets.
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ABC7 Court News ?@ABC7Courts 48m
Panish said AEG had questions of Demerol, baby, allegations, trials so he wanted to clear whether there was demand for the tour.
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ABC7 Court News ?@ABC7Courts 48m
Panish: Did Phillips make statements as to whether MJ could perform a worldwide tour?
Erk: Yes
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ABC7 Court News ?@ABC7Courts 49m
Panish asked if Erk saw evidence AEG was concerned with MJ's health. Erk said only that he passed a physical, was healthy and ready to go.
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ABC7 Court News ?@ABC7Courts 50m
Erk said he didn't focus on MJ's health because AEG signed the contract and began spending money, which determined the tour would go forward
Expand
ABC7 Court News ?@ABC7Courts 51m
Erk said AEG had the resources to find out about MJ's financial issues and there's no reason to believe they didn't know about MJ's problems
Expand
ABC7 Court News ?@ABC7Courts 52m
Panish asked if MJ and Ortega working further together. Erk said MJ wanted to ultimately produce movies.
Expand
ABC7 Court News ?@ABC7Courts 53m
Erk said Ortega discussed going to India and Japan with MJ.
Expand
ABC7 Court News ?@ABC7Courts 53m
Erk said Ortega's deposition and testimony talked about take this tour on the road, to the world, and that MJ would like for him to go too.
Expand
ABC7 Court News ?@ABC7Courts 55m
As to future tours, Erk said Paris testified in her deposition (played earlier today) that MJ told her they would tour worldwide.
Expand
ABC7 Court News ?@ABC7Courts 55m
Panish: Assume Phillips said MJ's earnings could rise to 500 million if he did a world tour? Is that consistent with your opinion?
Erk: Yes
Expand
ABC7 Court News ?@ABC7Courts 55m
Panish asked Erk 2 assume Phillips estimated MJ would make $50-100 million for London dates if it was consistent w/ his opinion. He said yes
Expand
ABC7 Court News ?@ABC7Courts 1h
AEG spent money before even getting to London, Erk testified.
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk said he based his opinion on AEG's projection and "if it was good enough for them, it was good enough for me."
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish asked if MJ's past and the allegation have anything to do with how much money MJ could earn.
Expand
ABC7 Court News ?@ABC7Courts 1h
Regarding Beyonce and her endorsement deal, Erk said the calculation he made came up to 18,5%, not the 42% Strong said.
Expand
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Panish: How are his endorsements?
Erk: He's doing fairly well
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Alex Rodriguez -- has there been allegations against him regarding certain activities?
Erk: Yes, surfacing every once and a while
Expand
ABC7 Court News ?@ABC7Courts 1h
As to Tiger Woods, Erk said in 2012, he believes it was reported endorsements went back up to $70 million.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish asked Erk if Tiger Woods had some things that could be viewed as negative allegations against him. He said he believed so.
Expand
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Erk: I didn't see anything to that effect.
Expand
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Panish: Was there any emails AEG, Philips, Gongaware saying they didn't want to make money off of MJ due to the allegations raised?
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk: They entered into the 3 year tour contract as well as movie deal
Expand
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Panish asked if Phillips, Anschutz, Gongaware did not enter into an agreement with MJ due to concerns of the allegations?
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Has Mr. Jackson ever been proved guilty of any allegations that AEG mentioned?
Erk: No
Expand
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Katherine Jackson not present in court in the afternoon.
Erk said AEG's experts in the same field as his charge more than him for the work.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong finished her cross examination. Judge broke session for lunch, Jacksons attorney did re-direct in the afternoon.
Expand
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Erk: 260 shows were reasonably certain to happen, 195 shows was an estimate based on my professional opinion.
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Strong: So you had him do 455 shows over 5 tours until the age of 66?
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk acknowledged MJ did 275 shows between 20-50 years old.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong showed demonstrative with Erk's projection for MJ's future tours:
40 shows at 60 years old
50 shows at age 63
45 shows at age 66
Expand
ABC7 Court News ?@ABC7Courts 1h
However, Paris also said it was a world tour. "How did you know that?
Because he told us we were going around the world," Paris said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong played Paris Jackson's deposition regarding future plans: Paris says her dad wanted to relax, didn't want to tour anymore.
Expand
ABC7 Court News ?@ABC7Courts 56s
For all the latest, watch @ABC7 and visit http://www.abc7.com . We hope to see you tomorrow for complete coverage of the trial.
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ABC7 Court News ?@ABC7Courts 4m
During arguments late in the day, judge asked AEG if they intend to call Dr. Murray to testify. Putnam responded he has no intention.
Expand
ABC7 Court News ?@ABC7Courts 6m
Erk is excused. Judge adjourned session until 10 am PT tomorrow.
Next witnesses: Dr. Emery Brown (on Propofol) and economist Peter Formuzis
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Panish asked if Gongaware, as good promoter and with the sales he saw, would want more shows. Erk said he would've done as many as he could.
Expand
ABC7 Court News ?@ABC7Courts 9m
"It can always go better, but it was fantastic," Erk said.
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ABC7 Court News ?@ABC7Courts 11m
Panish asked if selling out in a matter of hours is going well. Erk responded "Yes and then some."
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ABC7 Court News ?@ABC7Courts 11m
Panish in re-re-direct: What did he tell his children
Erk: We're going on a worldwide tour
Expand
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"He took his children wherever we went," Erk said
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ABC7 Court News ?@ABC7Courts 12m
Strong: MJ agreed to only 50 shows at the time he passed away in June 2009, isn't that correct?
Erk: Yes
Expand
ABC7 Court News ?@ABC7Courts 13m
Strong: No one at AEG projected the numbers you projected, correct?
Erk: That's correct
Expand
ABC7 Court News ?@ABC7Courts 13m
Email from Phillips to Leiweke:
Colony is receptive but skeptical like us as to whether MJ will really work.
Expand
ABC7 Court News ?@ABC7Courts 14m
Strong said Gongaware's projection was not near what Erk calculated.
Expand
ABC7 Court News ?@ABC7Courts 15m
Back to India, Gongaware projected 3 shows plus one private show. He contemplated 8 shows in Japan plus one private.
Expand
ABC7 Court News ?@ABC7Courts 15m
She asked Erk if the email was written without knowing whether MJ would ever agree to it. He said yes.
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ABC7 Court News ?@ABC7Courts 15m
Strong talked about the September 2008 email with $132 million projection.
Expand
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As June 2009, Strong asked if Erk saw any evidence or sponsorship in place before his death. He said no.
Expand
ABC7 Court News ?@ABC7Courts 16m
Erk said he has no knowledge of what AEG tried to do to get sponsorship opportunities for the tour.
Expand
ABC7 Court News ?@ABC7Courts 17m
Strong asked if Phillips hoped he could have massive sponsorship opportunities if all went well. Erk said yes.
Expand
ABC7 Court News ?@ABC7Courts 18m
Strong: Randy Phillips acknowledged that all had to go well, didn't he?
Erk: It appears that way
Expand
ABC7 Court News ?@ABC7Courts 18m
The email mentions 12-14 new songs and then release of series on new singles. Erk said he doesn't know that MJ finish them.
Expand
ABC7 Court News ?@ABC7Courts 19m
Email from Phillips to Nanoula in June 2008 detailing the plans for MJ's future: Richard, these are just my off the cuff ideas...
Expand
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Strong: Wasn't AEG hopeful for a successful tour?
Erk: You're always hopeful
Expand
ABC7 Court News ?@ABC7Courts 20m
Strong: AEG Live had a lot of hope after selling the show?
Erk: I think it's more than hope
Expand
ABC7 Court News ?@ABC7Courts 21m
Strong pointed in the email where there was an indication for "a" date in India, not 60 dates in India like Erk projected.
Expand
ABC7 Court News ?@ABC7Courts 21m
Strong: And the merchandise projection AEG had was between $8 and $10 million, right?
Erk: Yes, that's what was in the budget
Expand
ABC7 Court News ?@ABC7Courts 21m
Erk said he saw it and believes it was maybe in the $10 million range or thereabouts. Erk projected $121 million, the expert said.
Expand
ABC7 Court News ?@ABC7Courts 22m
In re-cross Strong asked if Erk saw the June 2009 AEG budget and how much money AEG projected for the sale of merchandising.
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ABC7 Court News ?@ABC7Courts 23m
Panish asked if Erk believed it would help sell the merchandise. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 24m
Erk said Phillips was striking deal with Bravado to rent empty store in Oxford Circle to offer nothing but MJ merchandising.
Expand
ABC7 Court News ?@ABC7Courts 24m
Panish asked Erk if he reviewed this email to determine if the tour in India wasn't just a hope, but plan. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 24m
Phillips answered:
Thanks, Thomas. MJ will definitely heading your way
Expand
ABC7 Court News ?@ABC7Courts 25m
Email Thomas Overseen saying he had a client with serious interest in MJ's tour in India.
Expand
ABC7 Court News ?@ABC7Courts 26m
Email cont'd: I intend to shove those 50 shows up Irving's and Rapino's asses and march on to do another 3 years of a world tour.
Expand
ABC7 Court News ?@ABC7Courts 27m
Email from Phillips to Leiweke on April 15, 2009:
He is happy and they picked all male and female dancers.
Expand
ABC7 Court News ?@ABC7Courts 29m
Erk said he used stadium shows and bigger arenas because of unprecedented demand.
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ABC7 Court News ?@ABC7Courts 29m
AEG projection is $132 million in the low end, $150 million in high end for less shows, less months, Erk said.
Expand
ABC7 Court News ?@ABC7Courts 29m
Erk said that prorating the same amount of shows in 37 months, it is almost 260 shows.
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ABC7 Court News ?@ABC7Courts 30m
Panish: What are the figures AEG used for worldwide tour?
260 shows for my budget, 37 months
186 shows for 27 months
Expand
ABC7 Court News ?@ABC7Courts 30m
Panish asked Erk is he saw multiple AEG documents detailing plans for worldwide tour. He said yes.
Expand
ABC7 Court News ?@ABC7Courts 31m
Panish asked why 37 months. Erk said contract between MJ and AEG was 3 years, and he added a month.
Expand
ABC7 Court News ?@ABC7Courts 32m
Panish asked if shows in AEG's projection were carried over to 37 months, how many shows would that be?
Erk: Almost 260
Expand
ABC7 Court News ?@ABC7Courts 32m
There was a projection of $3-$10 million for private shows. Except with the private shows, Erk says his calculation was similar.
Expand
ABC7 Court News ?@ABC7Courts 34m
Panish said this is a document prepared by Gongaware in addition to the 50 shows in the O2 arena.
Expand
ABC7 Court News ?@ABC7Courts 34m
More tours:, South America, US starting in Florida, Texas, New Orleans, California, Denver, Utah, Chicago.
Expand
ABC7 Court News ?@ABC7Courts 35m
World tour included: Berlin, Hamburg, Munich, Paris, Zurich, Milan, Johannesburg, Dubai, Japan, India, Australia, New Zealand
Expand
ABC7 Court News ?@ABC7Courts 35m
Panish showed a document Gongaware attached to his projection with a list of tentative venues all over the world.
Expand
ABC7 Court News ?@ABC7Courts 36m
Erk said AEG had 1.59 show per week in their projection and Erk had 1.60 shows per week in his projection.
Expand
ABC7 Court News ?@ABC7Courts 36m
186 shows over 27 months -- Gongaware projection
260 shows over 37 months -- Erk projection
Expand
ABC7 Court News ?@ABC7Courts 36m
Email cont'd: It's a big number, but this is not a number MJ will want to hear. He thinks he's so much bigger than that
Expand
ABC7 Court News ?@ABC7Courts 37m
Email cont'd: On paper, it starts Jan 9 and runs thru April 2011...
Right now we project 186 shows... Net to Mikey $132 million
Expand
ABC7 Court News ?@ABC7Courts 37m
Email from Gongaware:
MJ first draft worldwide tour projection
Here's a first-draft look at worldwide MJ tour.
Expand
ABC7 Court News ?@ABC7Courts 38m
Panish: Did you just make-up this world tour idea?
Eark: No
Expand
ABC7 Court News ?@ABC7Courts 38m
Panish: What was it that secured the debt?
Erk: Primarily his Sony/ATV catalogue
Expand
ABC7 Court News ?@ABC7Courts 39m
Panish: If you don't have work income, is it possible you're going to spend more than you earn?
Erk: Most likely
Expand
ABC7 Court News ?@ABC7Courts 39m
Erk said MJ did not have working income in ten years.
Expand
ABC7 Court News ?@ABC7Courts 39m
Erk said MJ had assets to secure loans. Erk explained how the loan of significant amount of money works.
Expand
ABC7 Court News ?@ABC7Courts 39m
Panish: Does people usually lend money for people who can't pay it back?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 40m
For professional fees, Erk said he considered 10-20%, anywhere between $3-5 millions.
Expand
ABC7 Court News ?@ABC7Courts 40m
Erk said he used $570K/month, which would work out to $6.7 million. He used higher monthly figure, but less annually.
Expand
ABC7 Court News ?@ABC7Courts 40m
Panish showed a spreadsheet with all MJ's monthly expenses. The annual consumption based on actual receipts for MJ -- $7.6 million.
Expand
ABC7 Court News ?@ABC7Courts 41m
Barbra Streisand is 71 and just finished up shows for AEG as well, Erk testified. Erk said Streisand grossed more than $18 million.
Expand
ABC7 Court News ?@ABC7Courts 41m
Keith Richards had a long history of heroine problems, Erk said. He's also almost 69 years old and is touring, doing quite well.
Expand
ABC7 Court News ?@ABC7Courts 42m
Mick Jagger is 69 years old, lead singer of the Rolling Stones. He just finished up shows that AEG promoted, Erk said.
Expand
ABC7 Court News ?@ABC7Courts 42m
Email cont'd: how well we have rehabilitated him and very lucrative "exotics".
Expand
ABC7 Court News ?@ABC7Courts 42m
Email cont'd: taking advantages of the gigantic secondary ticket market, massive sponsoring opportunities subject to
Expand
ABC7 Court News ?@ABC7Courts 43m
Email from September 2008 plan:
In July 2009 -- If all goes well, we embark on a well routed and spread out worldwide tour
Expand
ABC7 Court News ?@ABC7Courts 44m
"If London goes smoothly, we could migrate this show to the brand new, state-of-the-art stadium in Berlin, the O2 World," Phillips wrote.
Expand
ABC7 Court News ?@ABC7Courts 44m
Erk went through the email describing what Phillips' plans were.
Expand
ABC7 Court News ?@ABC7Courts 45m
Panish: Would you describe the demand for MJ's ticket a hope?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 45m
Panish: Is there any question in your mind AEG not only believed they could sell out in London but worldwide?
Erk: No question
Expand
ABC7 Court News ?@ABC7Courts 46m
Strong objected, and added that there's no question about the demand for the 50 show.
Expand
ABC7 Court News ?@ABC7Courts 46m
Panish read a lengthy testimony from Randy Phillips when he said they were all surprised with the demand for tickets and standby people.
Expand
ABC7 Court News ?@ABC7Courts 47m
Panish: Was MJ popular and could've sold tickets?
Erk: Absolutely
Expand
ABC7 Court News ?@ABC7Courts 47m
"They were the ones selling the tickets, they should be in the know," Erk said.
Expand
ABC7 Court News ?@ABC7Courts 47m
Panish asked why he took Phillips and Gongaware's testimony into consideration for his projections and calculation.
Expand
ABC7 Court News ?@ABC7Courts 48m
Panish: Did you take that into consideration as to whether or not there would be demand for MJ's tour?
Erk: Absolutely
Expand
ABC7 Court News ?@ABC7Courts 48m
Panish showed Gongaware's testimony when he talked about the high demand for MJ's tickets.
Expand
ABC7 Court News ?@ABC7Courts 48m
Panish said AEG had questions of Demerol, baby, allegations, trials so he wanted to clear whether there was demand for the tour.
Expand
ABC7 Court News ?@ABC7Courts 48m
Panish: Did Phillips make statements as to whether MJ could perform a worldwide tour?
Erk: Yes
Expand
ABC7 Court News ?@ABC7Courts 49m
Panish asked if Erk saw evidence AEG was concerned with MJ's health. Erk said only that he passed a physical, was healthy and ready to go.
Expand
ABC7 Court News ?@ABC7Courts 50m
Erk said he didn't focus on MJ's health because AEG signed the contract and began spending money, which determined the tour would go forward
Expand
ABC7 Court News ?@ABC7Courts 51m
Erk said AEG had the resources to find out about MJ's financial issues and there's no reason to believe they didn't know about MJ's problems
Expand
ABC7 Court News ?@ABC7Courts 52m
Panish asked if MJ and Ortega working further together. Erk said MJ wanted to ultimately produce movies.
Expand
ABC7 Court News ?@ABC7Courts 53m
Erk said Ortega discussed going to India and Japan with MJ.
Expand
ABC7 Court News ?@ABC7Courts 53m
Erk said Ortega's deposition and testimony talked about take this tour on the road, to the world, and that MJ would like for him to go too.
Expand
ABC7 Court News ?@ABC7Courts 55m
As to future tours, Erk said Paris testified in her deposition (played earlier today) that MJ told her they would tour worldwide.
Expand
ABC7 Court News ?@ABC7Courts 55m
Panish: Assume Phillips said MJ's earnings could rise to 500 million if he did a world tour? Is that consistent with your opinion?
Erk: Yes
Expand
ABC7 Court News ?@ABC7Courts 55m
Panish asked Erk 2 assume Phillips estimated MJ would make $50-100 million for London dates if it was consistent w/ his opinion. He said yes
Expand
ABC7 Court News ?@ABC7Courts 1h
AEG spent money before even getting to London, Erk testified.
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk said he based his opinion on AEG's projection and "if it was good enough for them, it was good enough for me."
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish asked if MJ's past and the allegation have anything to do with how much money MJ could earn.
Expand
ABC7 Court News ?@ABC7Courts 1h
Regarding Beyonce and her endorsement deal, Erk said the calculation he made came up to 18,5%, not the 42% Strong said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: How are his endorsements?
Erk: He's doing fairly well
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Alex Rodriguez -- has there been allegations against him regarding certain activities?
Erk: Yes, surfacing every once and a while
Expand
ABC7 Court News ?@ABC7Courts 1h
As to Tiger Woods, Erk said in 2012, he believes it was reported endorsements went back up to $70 million.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish asked Erk if Tiger Woods had some things that could be viewed as negative allegations against him. He said he believed so.
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk: I didn't see anything to that effect.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Was there any emails AEG, Philips, Gongaware saying they didn't want to make money off of MJ due to the allegations raised?
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk: They entered into the 3 year tour contract as well as movie deal
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish asked if Phillips, Anschutz, Gongaware did not enter into an agreement with MJ due to concerns of the allegations?
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Has Mr. Jackson ever been proved guilty of any allegations that AEG mentioned?
Erk: No
Expand
ABC7 Court News ?@ABC7Courts 1h
Katherine Jackson not present in court in the afternoon.
Erk said AEG's experts in the same field as his charge more than him for the work.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong finished her cross examination. Judge broke session for lunch, Jacksons attorney did re-direct in the afternoon.
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk: 260 shows were reasonably certain to happen, 195 shows was an estimate based on my professional opinion.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong: So you had him do 455 shows over 5 tours until the age of 66?
Expand
ABC7 Court News ?@ABC7Courts 1h
Erk acknowledged MJ did 275 shows between 20-50 years old.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong showed demonstrative with Erk's projection for MJ's future tours:
40 shows at 60 years old
50 shows at age 63
45 shows at age 66
Expand
ABC7 Court News ?@ABC7Courts 1h
However, Paris also said it was a world tour. "How did you know that?
Because he told us we were going around the world," Paris said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Strong played Paris Jackson's deposition regarding future plans: Paris says her dad wanted to relax, didn't want to tour anymore.
Expand
Re: Jacksons vs AEG - Day 50- July 17 2013 - News Only (no discussion)
Michael Jackson wrongful death trial: Accountant under fire by defense
Wednesday, July 17, 2013
TAGS:legal, celebrity, court case, entertainment, miriam hernandez
Comment NowEmailPrintReport a typo
ShareThis via email, AIM, social bookmarking and networking sites, etc.
Miriam Hernandez
More: Bio, Recent Stories, News Team
LOS ANGELES (KABC) -- A former accountant for Michael Jackson was under fire by the AEG defense Wednesday during the Jackson family's wrongful death trial. He said that Jackson could have earned more than a billion dollars by touring until he was 66.
How long did Michael Jackson plan to work? Paris Jackson yawns, and then offers two opinions in a video deposition shown to the jury by the defense.
"He still had a lot of music that he was still working on but he kind of needed to relax," she said.
"So did your dad ever tell you he wasn't going to tour anymore after the 02?" Paris was asked.
"Yeah," she replied.
But later she was asked, "How did you understand it was a world tour?"
"Because he told us," she replied.
"What did he tell you?"
"That we were going around the world on tour," she said.
A worldwide tour or retirement? The star's potential earnings were debated in court. Katherine Jackson says she and her three grandchildren are entitled to damages if the jury finds AEG tour promoters liable for the actions of Conrad Murray, the doctor who caused Jackson's death.
AEG's defense asserts that the $1.5 billion figure projected by certified public accountant Arthur Erk is inflated. Erk testified that Jackson would likely work beyond his contract deal for 50 shows at London's O2 Arena and instead perform 260 shows, taking the show around the globe and selling out at every venue. But that's not all.
Defense attorney Sabrina Strong showed Erk's calculations for tours beyond that. That at age 56, Jackson would embark on four more world tours - a total of 455 shows - Jackson performing until he was 66 years old.
Strong questioned Erk: "Are you aware of any other artist doing five tours between age 50 and 66?"
"I did not consider that," Erk replied.
Strong also questioned Erk's numbers for what Jackson could make on endorsements for "This is It": $317 million. Erk testified that the estimate was based on the sellout of 50 concerts within hours.
Related Content
STORY: Jackson trial: Testimony focuses on finances
STORY: Jackson trial: Ortega breaks down in testimony
STORY: Jackson trial: Ortega was concerned about tour
STORY: Jackson trial: Addiction specialist testifies
STORY: AEG should've done background check - expert
AEG's defense team says that sponsors were wary of Jackson, who had been accused of criminal conduct and that as the show prepared to launch, the promoters did not have a single dollar in sponsorship or endorsements.
Jackson attorney Brian Panish reminded the jury that Jackson was acquitted of all charges, and like golfer Tiger Woods, could win back multi-million-dollar endorsement contracts.
About performing at age 66, Panish elicited examples of senior citizen stars Mick Jagger, age 69, and Barbara Streisand, age 71.
Meantime, Katherine Jackson is getting ready to testify this week in the wrongful death trial.
paris deposition video at link : http://abclocal.go.com/kabc/story?section=news/entertainment&id=9176665
Michael Jackson wrongful death trial: Accountant under fire by defense
Wednesday, July 17, 2013
TAGS:legal, celebrity, court case, entertainment, miriam hernandez
Comment NowEmailPrintReport a typo
ShareThis via email, AIM, social bookmarking and networking sites, etc.
Miriam Hernandez
More: Bio, Recent Stories, News Team
LOS ANGELES (KABC) -- A former accountant for Michael Jackson was under fire by the AEG defense Wednesday during the Jackson family's wrongful death trial. He said that Jackson could have earned more than a billion dollars by touring until he was 66.
How long did Michael Jackson plan to work? Paris Jackson yawns, and then offers two opinions in a video deposition shown to the jury by the defense.
"He still had a lot of music that he was still working on but he kind of needed to relax," she said.
"So did your dad ever tell you he wasn't going to tour anymore after the 02?" Paris was asked.
"Yeah," she replied.
But later she was asked, "How did you understand it was a world tour?"
"Because he told us," she replied.
"What did he tell you?"
"That we were going around the world on tour," she said.
A worldwide tour or retirement? The star's potential earnings were debated in court. Katherine Jackson says she and her three grandchildren are entitled to damages if the jury finds AEG tour promoters liable for the actions of Conrad Murray, the doctor who caused Jackson's death.
AEG's defense asserts that the $1.5 billion figure projected by certified public accountant Arthur Erk is inflated. Erk testified that Jackson would likely work beyond his contract deal for 50 shows at London's O2 Arena and instead perform 260 shows, taking the show around the globe and selling out at every venue. But that's not all.
Defense attorney Sabrina Strong showed Erk's calculations for tours beyond that. That at age 56, Jackson would embark on four more world tours - a total of 455 shows - Jackson performing until he was 66 years old.
Strong questioned Erk: "Are you aware of any other artist doing five tours between age 50 and 66?"
"I did not consider that," Erk replied.
Strong also questioned Erk's numbers for what Jackson could make on endorsements for "This is It": $317 million. Erk testified that the estimate was based on the sellout of 50 concerts within hours.
Related Content
STORY: Jackson trial: Testimony focuses on finances
STORY: Jackson trial: Ortega breaks down in testimony
STORY: Jackson trial: Ortega was concerned about tour
STORY: Jackson trial: Addiction specialist testifies
STORY: AEG should've done background check - expert
AEG's defense team says that sponsors were wary of Jackson, who had been accused of criminal conduct and that as the show prepared to launch, the promoters did not have a single dollar in sponsorship or endorsements.
Jackson attorney Brian Panish reminded the jury that Jackson was acquitted of all charges, and like golfer Tiger Woods, could win back multi-million-dollar endorsement contracts.
About performing at age 66, Panish elicited examples of senior citizen stars Mick Jagger, age 69, and Barbara Streisand, age 71.
Meantime, Katherine Jackson is getting ready to testify this week in the wrongful death trial.
paris deposition video at link : http://abclocal.go.com/kabc/story?section=news/entertainment&id=9176665
A-Rod’s name is mentioned during Michael Jackson wrongful death trial
As lawyers sparred over Michael Jackson's earnings potential, the Jackson family's lawyer used Alex Rodriguez as an example of a star who overcame scandal to make big money
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NEW YORK DAILY NEWS
WEDNESDAY, JULY 17, 2013, 9:47 PM
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A lawyer for the Jackson family used Alex Rodriguez as an example of a mega-star who has overcome scandal to make big bucks. The argument in the case is whether Michael Jackson’s acquittal at his molestation trial years ago damaged his earnings potential. A-Rod has overcome steroid scandal in the past, but now faces a new round of accusations, and recovery from a hip injury.
A-ROD can’t crack the Yankees lineup — but he did get a mention Wednesday during the wrongful death trial Michael Jackson’s family is waging against concert promoter AEG Live.
“Let’s talk about A-Rod. Have there been allegations against Mr. Rodriguez about certain activities?” Jackson family lawyer Brian Panish asked a witness in an apparent reference to the accusations of steroid use dogging the Bombers third baseman.
“They’re still coming about, surfacing every once in a while,” responded Arthur Erk, a Manhattan accountant called to the stand by the Jackson family.
Panish brought up A-Rod, along with Tiger Woods, to draw examples of mega-stars who made big money after being struck by scandal.
“How is he doing?” Panish continued, referring to A-Rod.
“At least according to media reports, he’s still doing fairly well,” Erk replied.
At issue was whether scandal — in this case Michael Jackson’s molestation trial — would have hurt his earnings. Erk caused a stir during the civil trial earlier this week when he testified that, in his estimation, the King of Pop could have made $1 billion or more had he lived to go on his long-planned comeback tour, and done a host of subsequent tours.
AEG lawyers had tried to knock down that testimony, citing alleged damage to Michael’s reputation caused by his past molestation trial and his wacky behavior, including a 2002 episode in which he was photographed holding his son Blanket, then just a baby, out of a fourth-story window. Panish dropped A-Rod’s name in a bid to counter those arguments.
A-Rod has millions left on his contract, but he’s now hurt, rehabbing in the minors, and is being investigated by Major League Baseball for alleged ties to a medical clinic in Florida that is at the heart of baseball’s newest steroid controversy.
Erk defended his eye-popping estimate Wednesday by noting that Beyoncé recently scored a reported $50 million sponsorship deal with Pepsi. Erk argued that Jackson would have stood to cash in on sponsorship deals.
Michael Jackson’s family is suing AEG Live, the firm behind his ill-fated comeback tour, for allegedly failing to supervise the doctor who was convicted of manslaughter for supplying the singer with the surgery-strength anaesthetic on which he overdosed in 2009.
HO/REUTERS
Michael Jackson’s family is suing AEG Live, the firm behind his ill-fated comeback tour, for allegedly failing to supervise the doctor who was convicted of manslaughter for supplying the singer with the surgery-strength anaesthetic on which he overdosed in 2009.
AEG lawyer Sabrina Strong attacked the comparison to Queen Bey, highlighting the years of child molestation accusations against Michael that culminated in a 2005 trial in which the Gloved One was acquitted.
“(Beyonce) has never been a defendant in a criminal trial,” Strong suggested to the jury. “In fact, Beyonce has never really suffered any negative publicity.”
The Jackson family’s lawsuit says that AEG — the firm behind Jackson’s comeback tour — negligently hired the doctor who was convicted of manslaughter for supplying the singer with the medication on which he overdosed in June 2009.
AEG execs deny any wrongdoing, arguing that Michael personally hired Dr. Conrad Murray and kept his reckless use of the surgery-strength anesthetic propofol a closely guarded secret.
Also on Wednesday, the jury heard videotaped testimony from Paris Jackson, the King of Pop’s troubled 15-year-old daughter.
Paris, whose testimony was recorded during a deposition in March, said her father still had hits up his sleeve, but needed to take a break from touring.
A lawyer for AEG had asked her about claims her famous dad planned to “retire” from the music business.
“He still had a lot of music that he was still working on, but he kind of needed to relax,” Paris said as the jury watched the footage on a huge courtroom video screen.
“Did he tell you he wasn’t going to tour anymore after O2,” AEG lawyer Marvin Putnam asked, referring to the 50 shows that were booked at the famous London arena but ultimately cancelled following Michael’s overdose death on June 25, 2009.
“Yes,” Paris replied.
Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
MIKE / SPLASH NEWS/MIKE / SPLASH NEWS
Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
AEG played the deposition testimony in an attempt to contradict Erk’s projection that Michael could have pulled in an earnings bonanza had he lived to take the “This Is It” tour across the globe.
Erk had testified that he believed Michael could have parlayed his success in London into higher ticket prices in other countries, and four more world tours stretching into 2026.
Jurors then saw a second clip of Paris’ testimony requested by lawyers for her grandmother, family matriarch Katherine Jackson.
“Did (your dad) explain to you how long the (‘This Is It” tour was going to last,” Putnam asked Paris in the second excerpt shown Wednesday.
“I assume a long time since it was a world tour,” she said. “Those usually last a long time ... He told us that we were going around the world on tour.”
Doctors have been treating the teen since early June, when paramedics rushed to her Calabasas, Calif., mansion for a call that she downed 20 Motrin pills and slashed her arm with a kitchen knife in an apparent suicide try.
Sources told the Daily News the bid was spurred by a longstanding battle with depression, the stress of the trial and relentless online bullying.
In recent days she has been transferred from UCLA Medical Center to an undisclosed rehab center — marking the first time since the suicide attempt that she has not been hospitalized.
“She’s doing much better. Everything is moving along, but she still needs intensive treatment,” a source close to the family told The News Wednesday.
Asked how long the teen is expected to remain in residential rehab, the source said at least a month.
“I wouldn’t say she’ll be out in a matter of weeks. I think we have a long road. I think it’s an ongoing process,” the source said. “She’s probably going back to school in the fall, but it won’t be (her old school) Buckley.”
Read more: http://www.nydailynews.com/entertai...jackson-trial-article-1.1401750#ixzz2ZPDomsHn
As lawyers sparred over Michael Jackson's earnings potential, the Jackson family's lawyer used Alex Rodriguez as an example of a star who overcame scandal to make big money
Comments (1)
NEW YORK DAILY NEWS
WEDNESDAY, JULY 17, 2013, 9:47 PM
10
9
0
* Tampa Tribune OUT *
DANIEL WALLACE/AP
A lawyer for the Jackson family used Alex Rodriguez as an example of a mega-star who has overcome scandal to make big bucks. The argument in the case is whether Michael Jackson’s acquittal at his molestation trial years ago damaged his earnings potential. A-Rod has overcome steroid scandal in the past, but now faces a new round of accusations, and recovery from a hip injury.
A-ROD can’t crack the Yankees lineup — but he did get a mention Wednesday during the wrongful death trial Michael Jackson’s family is waging against concert promoter AEG Live.
“Let’s talk about A-Rod. Have there been allegations against Mr. Rodriguez about certain activities?” Jackson family lawyer Brian Panish asked a witness in an apparent reference to the accusations of steroid use dogging the Bombers third baseman.
“They’re still coming about, surfacing every once in a while,” responded Arthur Erk, a Manhattan accountant called to the stand by the Jackson family.
Panish brought up A-Rod, along with Tiger Woods, to draw examples of mega-stars who made big money after being struck by scandal.
“How is he doing?” Panish continued, referring to A-Rod.
“At least according to media reports, he’s still doing fairly well,” Erk replied.
At issue was whether scandal — in this case Michael Jackson’s molestation trial — would have hurt his earnings. Erk caused a stir during the civil trial earlier this week when he testified that, in his estimation, the King of Pop could have made $1 billion or more had he lived to go on his long-planned comeback tour, and done a host of subsequent tours.
AEG lawyers had tried to knock down that testimony, citing alleged damage to Michael’s reputation caused by his past molestation trial and his wacky behavior, including a 2002 episode in which he was photographed holding his son Blanket, then just a baby, out of a fourth-story window. Panish dropped A-Rod’s name in a bid to counter those arguments.
A-Rod has millions left on his contract, but he’s now hurt, rehabbing in the minors, and is being investigated by Major League Baseball for alleged ties to a medical clinic in Florida that is at the heart of baseball’s newest steroid controversy.
Erk defended his eye-popping estimate Wednesday by noting that Beyoncé recently scored a reported $50 million sponsorship deal with Pepsi. Erk argued that Jackson would have stood to cash in on sponsorship deals.
Michael Jackson’s family is suing AEG Live, the firm behind his ill-fated comeback tour, for allegedly failing to supervise the doctor who was convicted of manslaughter for supplying the singer with the surgery-strength anaesthetic on which he overdosed in 2009.
HO/REUTERS
Michael Jackson’s family is suing AEG Live, the firm behind his ill-fated comeback tour, for allegedly failing to supervise the doctor who was convicted of manslaughter for supplying the singer with the surgery-strength anaesthetic on which he overdosed in 2009.
AEG lawyer Sabrina Strong attacked the comparison to Queen Bey, highlighting the years of child molestation accusations against Michael that culminated in a 2005 trial in which the Gloved One was acquitted.
“(Beyonce) has never been a defendant in a criminal trial,” Strong suggested to the jury. “In fact, Beyonce has never really suffered any negative publicity.”
The Jackson family’s lawsuit says that AEG — the firm behind Jackson’s comeback tour — negligently hired the doctor who was convicted of manslaughter for supplying the singer with the medication on which he overdosed in June 2009.
AEG execs deny any wrongdoing, arguing that Michael personally hired Dr. Conrad Murray and kept his reckless use of the surgery-strength anesthetic propofol a closely guarded secret.
Also on Wednesday, the jury heard videotaped testimony from Paris Jackson, the King of Pop’s troubled 15-year-old daughter.
Paris, whose testimony was recorded during a deposition in March, said her father still had hits up his sleeve, but needed to take a break from touring.
A lawyer for AEG had asked her about claims her famous dad planned to “retire” from the music business.
“He still had a lot of music that he was still working on, but he kind of needed to relax,” Paris said as the jury watched the footage on a huge courtroom video screen.
“Did he tell you he wasn’t going to tour anymore after O2,” AEG lawyer Marvin Putnam asked, referring to the 50 shows that were booked at the famous London arena but ultimately cancelled following Michael’s overdose death on June 25, 2009.
“Yes,” Paris replied.
Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
MIKE / SPLASH NEWS/MIKE / SPLASH NEWS
Jurors heard previously recorded testimony Wednesday from Michael Jackson’s troubled teenage daughter Paris, 15, who tried unsuccessfully last month to take her own life.
AEG played the deposition testimony in an attempt to contradict Erk’s projection that Michael could have pulled in an earnings bonanza had he lived to take the “This Is It” tour across the globe.
Erk had testified that he believed Michael could have parlayed his success in London into higher ticket prices in other countries, and four more world tours stretching into 2026.
Jurors then saw a second clip of Paris’ testimony requested by lawyers for her grandmother, family matriarch Katherine Jackson.
“Did (your dad) explain to you how long the (‘This Is It”
tour was going to last,” Putnam asked Paris in the second excerpt shown Wednesday.“I assume a long time since it was a world tour,” she said. “Those usually last a long time ... He told us that we were going around the world on tour.”
Doctors have been treating the teen since early June, when paramedics rushed to her Calabasas, Calif., mansion for a call that she downed 20 Motrin pills and slashed her arm with a kitchen knife in an apparent suicide try.
Sources told the Daily News the bid was spurred by a longstanding battle with depression, the stress of the trial and relentless online bullying.
In recent days she has been transferred from UCLA Medical Center to an undisclosed rehab center — marking the first time since the suicide attempt that she has not been hospitalized.
“She’s doing much better. Everything is moving along, but she still needs intensive treatment,” a source close to the family told The News Wednesday.
Asked how long the teen is expected to remain in residential rehab, the source said at least a month.
“I wouldn’t say she’ll be out in a matter of weeks. I think we have a long road. I think it’s an ongoing process,” the source said. “She’s probably going back to school in the fall, but it won’t be (her old school) Buckley.”
Read more: http://www.nydailynews.com/entertai...jackson-trial-article-1.1401750#ixzz2ZPDomsHn
Jacksons vs AEG - Day 51- July 18 2013 - News Only (no discussion)
Jacksons vs AEG - Day 51- July 18 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 51 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
Jacksons vs AEG - Day 51- July 18 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 51 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
Re: Jacksons vs AEG - Day 51- July 18 2013 - News Only (no discussion)
Michael Jackson's mom set to testify in death trial
By Alan Duke, CNN
updated 6:07 PM EDT, Thu July 18, 2013
STORY HIGHLIGHTS
Paris testifies: Jackson told his children "we were going around the world on tour"
Jackson matriarch Katherine Jackson gets the last word before her lawyers rest case
Experts says Jackson would have earned $1.5 billion from touring and sponsorship
AEG Live confirms they will not call Dr. Conrad Murray to testify.
Los Angeles (CNN) -- The wrongful death trial of Michael Jackson's last concert promoter is about to get a lot uglier, if defense lawyers live up to the promise of their opening statements.
AEG Live lawyers this week brought up the child molestation charges against Jackson and the 2002 incident in which the pop star "dangled" his infant son on a Berlin hotel balcony.
But Jackson family matriarch Katherine Jackson will get to speak before her lawyers rest their case, likely Friday, and the defense begins calling witnesses on Monday.
Jackson's 83-year-old mother, who has sat on the front row of the small courtroom nearly all of the 51 days of testimony, is expected to testify about her son's close relationship to his three children -- who also are plaintiffs in the lawsuit -- and about his plans for his later years of life.
If jurors decide that AEG Live is liable in Jackson's death -- while under the care of a doctor the family contends AEG Live hired, retained or supervised -- they could award damages based on the loss of the mother and children's relationship with him and the amount of money he was unable to earn because his life was cut short.
AEG Live lawyers argue that Jackson, not their executives, chose and controlled Dr. Conrad Murray, and they had no way of knowing about the dangerous surgical anesthesia infusions the doctor was giving the singer to treat his insomnia. Those infusions occurred most nights in the two months before the pop star died from a propofol overdose.
Touring till 66?
Paris Jackson made another appearance in the trial this week -- via a video of her deposition in March. Jurors saw a clip of AEG Live lawyer Marvin Putnam asking the 15-year-old what her father told her about his "This Is It" tour:
Putnam: "Did he explain to you how long the tour was going to last?"
Paris: "I assume a long time since it was a world tour, but those usually last a long time"
Putnam: "How did you understand it was a world tour?"
Paris: "Because he told us."
Putnam: "What did he tell you?"
Paris: "That we were going around the world on tour."
Certified public accountant Arthur Erk, who has managed and audited the business affairs of many top artists, testified Wednesday that he is "reasonably certain" that Michael Jackson would have performed 260 shows around the world as part of his "This Is It" tour. He would have earned $890 million over the three years of concerts in Europe, Asia, South America, North America and Australia, Erk said.
Jackson would have earned at least $1.5 billion from touring, endorsements and sponsorships had he not died preparing for his comeback tour, Erk said.
AEG Live's unprecedented sellout of 50 shows scheduled for London's O2 Arena in 2009 and 2010 proved there was "pent-up demand" to see Jackson live, despite controversies that had tarnished his reputation in the years since his last tour in 1998, Erk said.
An e-mail from AEG Live CEO Randy Phillips said fans bought all 750,000 tickets put on sale for 31 shows in March 2009 in just two hours. Enough buyers were registered to sell out another 100 shows, Phillips wrote.
"Dude, we're going to sell out a ridiculous amount of tickets," AEG Live Co-CEO Paul Gongaware wrote in an e-mail. "We've got to get Mikey to add more shows."
Jackson's manager quickly approved another 19 shows, bringing the total to 50.
"Ten million tickets for the rest of the world? They would have gobbled up those tickets in seconds," Erk said.
AEG Live lawyer Sabrina Strong challenged Erk's estimate, asking if any other act has ever made as much money on a tour. "No," he said. "This would have been a record-breaking world tour."
Jackson would have done another 195 shows over four more world tours before retiring from the road at age 66, Erk predicted.
Lead defense lawyer Marvin Putnam called Erk's estimates "a creation, a fabrication" which suggests Jackson would have made more after age 50 that he did in the three tours during the "height of his fame."
Jackson never intended to perform after the 50 shows in London, Putnam said.
AEG Live showed jurors a video clip of Katherine Jackson's deposition, in which she said her son would joke that he "didn't want to be moonwalking on stage at 50." A Jackson lawyer said it was something Jackson said when he was much younger and 50 seemed old.
In fact, Jackson was 50 when he signed a three-year contract with AEG Live for his comeback tour, which would have likely included his famous moonwalk dance steps as he performed "Billie Jean."
"We announced that we're going to have one tour in London, that's what was announced, and it was called 'This Is It,' meaning in London, this show is it," he said. "This show is it. This is the last thing he's ever going to do. As a result of this being his final performance ever, to be at the O2 in London, there was enormous response, understandably, and therefore we sold 50 shows."
With the Jackson case ending -- which Putnam called "ridiculous" -- "now we're going to start to show what actually occurred here," he said.
No Conrad Murray testimony
AEG Live's defense team confirmed Wednesday that they would not be calling Murray to testify.
"I have no intention of calling him myself, unless it's requested, your honor," Putnam said, replying to the judge's question about his plans.
Until now, AEG Live lawyers have suggested they might call Murray, who is serving a four-year jail sentence for involuntary manslaughter, to the witness stand.
Murray's lawyer gave the Jackson and AEG Live lawyers a sworn statement from the doctor before the trial began stating that he would invoke his constitutional protection against self-incrimination by refusing to answer questions if subpoenaed.
See you in September
Jurors, who were told when the trial started in April that it could end sometime in August, appeared unfazed when Los Angeles County Superior Court Judge Yvette Palazuelos told them this week that it is likely to extend into mid-September. Putnam estimated this week that he needs about 30 days in court to present his defense after the plaintiffs rest.
The jurors often have laughed and smiled in reaction to testimony and the interplay between Jackson lead lawyer Brian Panish, the judge and the AEG defense team.
For example, when Palazuelos ordered Panish to turn around and face the bench while AEG attorney Sabrina Strong cross-examined Erk, jurors seemed amused. Panish, whose seat was just in front of Strong's lectern, had been looking directly up at her at close range.
There were no laughs in the hallway after court on Tuesday when Panish and Putnam exchanged words. The two lawyers were standing about 15 feet apart, each talking to reporters, when they began directing their words at each other. The court clerk interrupted the heated conversation, threatening to summon deputies.
Palazuelos lectured the lawyers in her chambers the next morning and imposed new rules that bar them from speaking to journalists in the hallway.
Michael Jackson's mom set to testify in death trial
By Alan Duke, CNN
updated 6:07 PM EDT, Thu July 18, 2013
STORY HIGHLIGHTS
Paris testifies: Jackson told his children "we were going around the world on tour"
Jackson matriarch Katherine Jackson gets the last word before her lawyers rest case
Experts says Jackson would have earned $1.5 billion from touring and sponsorship
AEG Live confirms they will not call Dr. Conrad Murray to testify.
Los Angeles (CNN) -- The wrongful death trial of Michael Jackson's last concert promoter is about to get a lot uglier, if defense lawyers live up to the promise of their opening statements.
AEG Live lawyers this week brought up the child molestation charges against Jackson and the 2002 incident in which the pop star "dangled" his infant son on a Berlin hotel balcony.
But Jackson family matriarch Katherine Jackson will get to speak before her lawyers rest their case, likely Friday, and the defense begins calling witnesses on Monday.
Jackson's 83-year-old mother, who has sat on the front row of the small courtroom nearly all of the 51 days of testimony, is expected to testify about her son's close relationship to his three children -- who also are plaintiffs in the lawsuit -- and about his plans for his later years of life.
If jurors decide that AEG Live is liable in Jackson's death -- while under the care of a doctor the family contends AEG Live hired, retained or supervised -- they could award damages based on the loss of the mother and children's relationship with him and the amount of money he was unable to earn because his life was cut short.
AEG Live lawyers argue that Jackson, not their executives, chose and controlled Dr. Conrad Murray, and they had no way of knowing about the dangerous surgical anesthesia infusions the doctor was giving the singer to treat his insomnia. Those infusions occurred most nights in the two months before the pop star died from a propofol overdose.
Touring till 66?
Paris Jackson made another appearance in the trial this week -- via a video of her deposition in March. Jurors saw a clip of AEG Live lawyer Marvin Putnam asking the 15-year-old what her father told her about his "This Is It" tour:
Putnam: "Did he explain to you how long the tour was going to last?"
Paris: "I assume a long time since it was a world tour, but those usually last a long time"
Putnam: "How did you understand it was a world tour?"
Paris: "Because he told us."
Putnam: "What did he tell you?"
Paris: "That we were going around the world on tour."
Certified public accountant Arthur Erk, who has managed and audited the business affairs of many top artists, testified Wednesday that he is "reasonably certain" that Michael Jackson would have performed 260 shows around the world as part of his "This Is It" tour. He would have earned $890 million over the three years of concerts in Europe, Asia, South America, North America and Australia, Erk said.
Jackson would have earned at least $1.5 billion from touring, endorsements and sponsorships had he not died preparing for his comeback tour, Erk said.
AEG Live's unprecedented sellout of 50 shows scheduled for London's O2 Arena in 2009 and 2010 proved there was "pent-up demand" to see Jackson live, despite controversies that had tarnished his reputation in the years since his last tour in 1998, Erk said.
An e-mail from AEG Live CEO Randy Phillips said fans bought all 750,000 tickets put on sale for 31 shows in March 2009 in just two hours. Enough buyers were registered to sell out another 100 shows, Phillips wrote.
"Dude, we're going to sell out a ridiculous amount of tickets," AEG Live Co-CEO Paul Gongaware wrote in an e-mail. "We've got to get Mikey to add more shows."
Jackson's manager quickly approved another 19 shows, bringing the total to 50.
"Ten million tickets for the rest of the world? They would have gobbled up those tickets in seconds," Erk said.
AEG Live lawyer Sabrina Strong challenged Erk's estimate, asking if any other act has ever made as much money on a tour. "No," he said. "This would have been a record-breaking world tour."
Jackson would have done another 195 shows over four more world tours before retiring from the road at age 66, Erk predicted.
Lead defense lawyer Marvin Putnam called Erk's estimates "a creation, a fabrication" which suggests Jackson would have made more after age 50 that he did in the three tours during the "height of his fame."
Jackson never intended to perform after the 50 shows in London, Putnam said.
AEG Live showed jurors a video clip of Katherine Jackson's deposition, in which she said her son would joke that he "didn't want to be moonwalking on stage at 50." A Jackson lawyer said it was something Jackson said when he was much younger and 50 seemed old.
In fact, Jackson was 50 when he signed a three-year contract with AEG Live for his comeback tour, which would have likely included his famous moonwalk dance steps as he performed "Billie Jean."
"We announced that we're going to have one tour in London, that's what was announced, and it was called 'This Is It,' meaning in London, this show is it," he said. "This show is it. This is the last thing he's ever going to do. As a result of this being his final performance ever, to be at the O2 in London, there was enormous response, understandably, and therefore we sold 50 shows."
With the Jackson case ending -- which Putnam called "ridiculous" -- "now we're going to start to show what actually occurred here," he said.
No Conrad Murray testimony
AEG Live's defense team confirmed Wednesday that they would not be calling Murray to testify.
"I have no intention of calling him myself, unless it's requested, your honor," Putnam said, replying to the judge's question about his plans.
Until now, AEG Live lawyers have suggested they might call Murray, who is serving a four-year jail sentence for involuntary manslaughter, to the witness stand.
Murray's lawyer gave the Jackson and AEG Live lawyers a sworn statement from the doctor before the trial began stating that he would invoke his constitutional protection against self-incrimination by refusing to answer questions if subpoenaed.
See you in September
Jurors, who were told when the trial started in April that it could end sometime in August, appeared unfazed when Los Angeles County Superior Court Judge Yvette Palazuelos told them this week that it is likely to extend into mid-September. Putnam estimated this week that he needs about 30 days in court to present his defense after the plaintiffs rest.
The jurors often have laughed and smiled in reaction to testimony and the interplay between Jackson lead lawyer Brian Panish, the judge and the AEG defense team.
For example, when Palazuelos ordered Panish to turn around and face the bench while AEG attorney Sabrina Strong cross-examined Erk, jurors seemed amused. Panish, whose seat was just in front of Strong's lectern, had been looking directly up at her at close range.
There were no laughs in the hallway after court on Tuesday when Panish and Putnam exchanged words. The two lawyers were standing about 15 feet apart, each talking to reporters, when they began directing their words at each other. The court clerk interrupted the heated conversation, threatening to summon deputies.
Palazuelos lectured the lawyers in her chambers the next morning and imposed new rules that bar them from speaking to journalists in the hallway.
Re: Jacksons vs AEG - Day 51- July 18 2013 - News Only (no discussion)
ABC7 Court News ?@ABC7Courts 35m
She is expected to talk about MJ from early ages until stardom and death. We're told it will be a very emotional testimony.
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ABC7 Court News ?@ABC7Courts 36m
Panish told the judge Mrs. Jackson will need to take a few breaks throughout the day and gets tired in the afternoon.
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ABC7 Court News ?@ABC7Courts 37m
Judge adjourned trial until tomorrow morning at 9:30 am PT. Katherine Jackson will take the stand.
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ABC7 Court News ?@ABC7Courts 39m
Strong then said she had no more questions to Dr. Formuzis. Cross examination lasted a couple of minutes.
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ABC7 Court News ?@ABC7Courts 40m
Dr. Formuzis said it depends how wrong the numbers are. "It would be a proportional degree of errors," he said.
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ABC7 Court News ?@ABC7Courts 41m
In cross examination, Sabrina Strong asked if Mr. Erk's projections are wrong, whether his calculations have no meaning.
Expand
ABC7 Court News ?@ABC7Courts 41m
Dr. Formuzis did not calculate how much the loss of love, companionship to the children and Katherine Jackson.
Expand
ABC7 Court News ?@ABC7Courts 43m
Tier 1 range:
$919,366,479 - $723,523,742 (7% to 18% discount rate)
Tier 2 range:
$187,564,227 to $101,639,514 (7% to 18% discount rate)
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ABC7 Court News ?@ABC7Courts 44m
Total includes tour earnings, merchandising, endorsement, Las Vegas show, LV royalty, professional fees (at 15% rate), personal consumption
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ABC7 Court News ?@ABC7Courts 45m
Present value:
$108 ticket price
7% - 919,366,479
10% - 856,002,240 -- Dr. Formuzis chose
15% - 768,026,177
18% - 723,523,742
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ABC7 Court News ?@ABC7Courts 48m
The lower the discount rate, the more net money left. The lowest discount rate Formuzis used was 7%. He calculated 10, 15 and 18% as well.
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ABC7 Court News ?@ABC7Courts 49m
AEG had invested approximately $34 million, so they had confidence they would get that money back, Dr. Formuzis said.
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ABC7 Court News ?@ABC7Courts 49m
Dr. Formuzis used 7-10% discount rate. Panish said AEG has an expert calculating 18% discount rate.
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ABC7 Court News ?@ABC7Courts 50m
For present value calculation, Dr. Formuzis said you subtract interest and personal consumption to arrive at current figure.
Expand
ABC7 Court News ?@ABC7Courts 50m
Dr. Formuzis is only assessing present value of economic loss, not non-economic, like love, companionship.
Expand
ABC7 Court News ?@ABC7Courts 51m
Dr. Formuzis has been doing present value calculation for almost 50 years, about 40 years in wrongful death cases.
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ABC7 Court News ?@ABC7Courts 52m
Dr. Formuzis is not giving an opinion on what loss would be regarding movies and other things Erk didn't calculate.
Expand
ABC7 Court News ?@ABC7Courts 52m
Dr. Formuzis: Some people have the power to make money, ability to make money, but are not doing so
Expand
ABC7 Court News ?@ABC7Courts 52m
"Most individuals have capacity, or ability, to earn money," Dr. Formuzis explained.
Expand
ABC7 Court News ?@ABC7Courts 53m
Dr. Formuzis was asked to take the income projection created by Mr. Erk and to take those projections and discount them to present value
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ABC7 Court News ?@ABC7Courts 54m
Panish asked if he knows anyone more qualified than him to testify in his field. Dr. Formuzis said no.
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ABC7 Court News ?@ABC7Courts 54m
Has been retained against Panish's firm too, Dr. Formuzis said.
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ABC7 Court News ?@ABC7Courts 55m
Dr. Formuzis has worked with Panish before. He testified for Panish between 20-30 times, was retained between 50-100 by Panish's firm.
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ABC7 Court News ?@ABC7Courts 55m
Dr. Formuzis has been qualified as expert witness in at least one thousand cases and had cases in several states in the US.
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ABC7 Court News ?@ABC7Courts 56m
Dr. Formuzis has consulted for the Los Angeles commission, several private banks, attorneys involved in wrongful death cases for 40 years.
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ABC7 Court News ?@ABC7Courts 56m
Dr. Formuzis is a former Cal State Fullerton professor. He worked at the Federal Reserve in various capacities.
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ABC7 Court News ?@ABC7Courts 57m
Dr. Formuzis has a Ph.D in Economics. He described his extensive background and qualifications in the field.
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ABC7 Court News ?@ABC7Courts 57m
Video deposition ended. Plaintiffs called their next witness, Peter Formuzis. Brian Panish did direct examination.
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ABC7 Court News ?@ABC7Courts 59m
On June 22nd, he started to wean him off, Koskoff said. That seems to be more accurate description to what was in the report, Dr. Brown said
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ABC7 Court News ?@ABC7Courts 1h
Koskoff talked about the police report where Dr. Murray said he gave MJ Propofol every night for 60 nights up until June 21st.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said Jacksons' attorneys never told him to testify to something he wasn't comfortable with.
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Dr. Brown doesn't know how much dopamine is released, but said he could check the numbers.
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ABC7 Court News ?@ABC7Courts 1h
The effect of anesthesia could last several days, Dr. Brown said, and that's currently under study.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: The person may not be the same as they went in. In fact, you don't want the patient to be awake like before a painful surgery.
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Dr. Brown: You may have different levels of being awake.
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In order to maintain sedation, Propofol is given to induce and retain sedation, then decreased to bring the person back, Dr. Brown said.
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"You can be there for several days," Dr. Brown said regarding induced coma.
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Dr. Brown said there's a difference between anesthetizing someone into a coma and someone being in coma from head injury.
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Cahan: And those people don't die as lack of sleep?
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Cahan: Can someone be in a profound coma and live?
Dr. Brown: Yes, many years, there are many cases of that
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Dr. Brown said he was asked to help understand the mechanism of how Propofol work, not asked to analyze Mr. Jackson's behavior.
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Dr. Brown: That's not something I've looked in to
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Cahan: Have you been able to determine how much Propofol MJ was given in the months prior to his death?
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"I have no way of knowing what Dr. Murray did every night when he treated Michael Jackson," Dr. Brown said.
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Cahan asked if Dr. Brown believe Dr. Murray gave MJ Propofol for 60 days prior to his death, according to the LAPD interview.
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Dr. Brown: I noticed some inconsistencies of what he (Murray) said we administer (Propofol) and what he said wasn't correct
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The implication of anesthetics as something that has implication on a patient's sleep if not under my purview, Dr. Brown explained.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown explained the typical anesthetic has at least 10 drugs. To try to ascribe the effects of Propofol would be exceedingly naive.
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Dr. Brown said he has not queried his patients about their sleep pattern after anesthesia.
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Dr. Brown: And I think I've done that. The effects of anesthesia and sleep are not under my purview.
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Dr. Brown: One of the reasons I agreed to become part of this case was that I wanted to make it clear what the anesthetic does the brain.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he doesn't know what the source was for Dr. Czeisler's 60 days figure. He also noted he's not a sleep expert.
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Dr. Brown said he read Dr. Czeisler's trial testimony and in there the figure of 60 days, or two months, was mentioned.
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ABC7 Court News ?@ABC7Courts 1h
The doctor said Dr. Murray's statement was not consistent with the autopsy levels.
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Dr. Brown said he believed Dr. Murray's statement that he only gave a small amount of Propofol to MJ the day he died to be false.
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ABC7 Court News ?@ABC7Courts 1h
One of the things Dr. Brown reviewed was Dr. Murray's interview with LAPD, in which the doctor said MJ was taking Propofol for 60 days.
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ABC7 Court News ?@ABC7Courts 1h
"I was under the understanding the night he died was not the first night he used Propofol," Dr. Brown testified.
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He said there have been a number of sources for this information, such as the press, high levels of Propofol in his blood at time of death.
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Dr. Brown said his understanding is that MJ was using Propofol for many days, so MJ must've had some perceived benefit.
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"He was not having a restful sleep if he was using Propofol as a sedative for sleep," Dr. Brown said.
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ABC7 Court News ?@ABC7Courts 1h
"Good feeling" reaction is a well-known effect of the Propofol, Dr. Brown said.
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ABC7 Court News ?@ABC7Courts 1h
Only now studies have been able to determine the release of dopamine associated with Propofol. The study was done in rats, not human.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said release of dopamine can cause what some people could interpret as refreshed, invigorated, some people say euphoria.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he's trying to give a lay explanation of what the sensations are, so lay people can understand it.
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ABC7 Court News ?@ABC7Courts 1h
In cross examination, Kathryn Cahan asked about the difference between euphoria and good feeling after using Propofol.
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Brown: Propofol releases dopamine that can be interpreted as refreshed sensation of natural sleep. But Propofol cannot produce natural sleep
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Propofol causes release of dopamine, Dr. Brown said. Dopamine is kind of like endorphin we hear, it gives you this good feeling.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said patients commonly report feeling good, feeling refreshed after being administered Propofol.
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"For surgery, need to add drug for pain," Dr. Brown explained.
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ABC7 Court News ?@ABC7Courts 1h
The mild sedation makes patient unconscious, unaware, you can be unaware to pain, provides some component of analgesia, Dr. Brown said.
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For colonoscopy, for example, the procedure is not that painful but uncomfortable, Dr. Brown said.
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"To be clear, Propofol can produce a small part of it (analgesia), makes you unaware," Dr. Brown explained.
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ABC7 Court News ?@ABC7Courts 1h
"Propofol produces the unconsciousness state of general anesthesia," Dr. Brown said.
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ABC7 Court News ?@ABC7Courts 1h
Dr Brown explained for light procedures Propofol is sufficient to produce mild muscle relaxation. For surgery they add muscle relaxant too.
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Dr. Brown: With Propofol you get unconsciousness, you get amnesia, you can't remember. For pain, you need an analgesic.
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Dr. Brown: You achieve unresponsiveness with Propofol.
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"The first criteria of being under sedation is to be unconscious that you can't be awaken," Dr. Brown said.
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"It overwhelms the sleep and respiratory circuit, cortex," Dr Brown explained. He said it's not possible to go between REM and non-REM sleep
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Dr. Brown: When you give Propofol, it comes in, knocks out all of the circuits, including respiratory circuit, and the cortex.
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Propofol will not produce sleep, Dr. Brown said.
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Dr. Brown: To REM sleep, all the circuits shut down. The control center tells the entire system to shut down; cycle takes roughly 7-8 hours.
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In order to fall asleep, Dr. Brown said you need to shut the brain down.
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Dr. Brown drew a picture how the sleep circuit works. To be conscious, you have to be awake and have to be able to process, Dr. Brown said.
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There's no REM or non-REM sleep under sedation or general anesthesia, Dr. Brown explained. Patients don't go under regular sleep patterns.
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Dr. Brown said sedation, general anesthesia, medical coma is not sleep.
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Dr. Brown: Once you are done, you bring them out of induced coma.
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Dr. Brown explained medical coma: you give enough drugs to go down to a state, hold you there to give a chance for the brain to heal.
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Dr. Brown said there's no way in the world that you can have the normal sleep patterns while under sedation.
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Dr Brown: During sleep you have natural oscillation of states. On general anesthesia we bring you to a stage and hold you there for surgery
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When you sleep, you go into non-REM stage 1, then stage 2 non-REM sleep, stages 3 (slow waves) and 4 sleep non-REM sleep and REM sleep.
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ABC7 Court News ?@ABC7Courts 1h
Non-REM -- heart rate slower, breathing a little more regular
Sleep is two states: rem and non-rem
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REM: eyes are moving, brain somewhat in a wake state, body somewhat paralyzed, heart beat irregular
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Koskoff: How about doctors using Propofol as an agent to produce sleep?
Dr. Brown: They would be tremendously mistaken
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Dr. Brown said it's easy for doctors to tell patients they are going under sleep, but his article was exactly to clear up the language.
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Koskoff: Is the state of the brain under Propofol sleep?
Dr. Brown: It is not sleep
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No one had taken the time to put general anesthesia next to sleep next to coma to compare the relationship of the states, Dr Brown explained
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Dr. Brown studied the effects of Propofol in relation with sleep. One of the articles is "General Anesthesia, Sleep and Coma."
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Dr. Brown is not board certified in sleep medicine. He said Dr. Czeisler is world renowned in sleep medicine and circadian rhythm.
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Dr. Brown: The infusion rates found in MJ's autopsy are the same infusion rates when given Propofol for major abdominal procedure.
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Dr. Brown said he published a paper regarding guidelines of use of Propofol.
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Michael Koskoff: Do you agree with that statement?
Dr. Brown: In terms of levels that were there, I do.
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MJ autopsy indicates the amount of medication (Propofol) is similar to what is found in general anesthesia.
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He has been studying Propofol for the past 7 years. Dr. Brown doesn't think there's any other person who has studied the drug more than him.
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Dr. Brown said Propofol is quite potent on a cc to cc comparison with Valium and benzodiazepines.
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Dr. Brown explained:
Induce anesthesia - put person in coma
Maintain anesthesia - as infusion maintains it
Sedative - manage level of pain
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Dr. Brown uses Propofol in almost all the patients he has. It's the most commonly used anesthetic all around the world.
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Propofol is one of the anesthetics Dr. Brown uses. He reviewed MJ's autopsy and the drug was found in his system.
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Dr. Brown said there's tendency to call general anesthesia sleep, but it's not sleep, you wouldn't be able to tolerate surgery under sleep.
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He said you give drugs to induce coma, more to maintain it during the surgery, then reduce to have patient come back.
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Dr. Brown said coma is a state where patient is unable to receive and respond to stimulus.
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"General anesthesia is a type of coma, it's a reversible coma," Dr. Brown said.
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Dr. Brown said the heart rate, blood pressure, breathing and temperature are under control in order to go into surgery.
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Dr. Brown: General anesthesia consists of 4 behavior and physiology status: unconscious, analgesia (no pain), not moving, amnesia.
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In MJ's case, it's a general anesthesia/sedation case.
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Anesthesia can be different, Dr. Brown said: general anesthesia/sedation and regional anesthesia.
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Dr. Brown has given depositions before, but has not testified in court.
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Dr. Brown billed $1,000/hour and asked to donate the funds to Mass General Hospital. The total: $75,000 donated to Mass General Hospital.
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He has written around 140 or so articles for professional journals on medical matters.
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The first 20 minutes of Dr. Brown's testimony was detailing his qualifications.
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Dr. Brown is board certified in anesthesia. He belongs to several professional societies and publications in the field.
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He's also on the faculty of Sleep Medicine Dept at Harvard, did his medical thesis under Dr. Czeisler, who testified earlier in the case.
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Among many of his current jobs, Dr. Brown is an Associate Director at Institute for Medical Engineering Science at MIT.
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He detailed his extensive background in the medical field. Dr. Brown is a practicing anesthesiologist, works at MIT in Massachusetts.
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Plaintiffs called Dr. Emery Brown by way of video deposition. Dr. Brown is an anesthesiologist and practices in Boston, Massachusetts.
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Hello from the courthouse in downtown LA. Day 51 of Jackson family vs AEG trial has concluded. Katherine Jackson not in the courtroom today.
ABC7 Court News ?@ABC7Courts 35m
She is expected to talk about MJ from early ages until stardom and death. We're told it will be a very emotional testimony.
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ABC7 Court News ?@ABC7Courts 36m
Panish told the judge Mrs. Jackson will need to take a few breaks throughout the day and gets tired in the afternoon.
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ABC7 Court News ?@ABC7Courts 37m
Judge adjourned trial until tomorrow morning at 9:30 am PT. Katherine Jackson will take the stand.
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ABC7 Court News ?@ABC7Courts 39m
Strong then said she had no more questions to Dr. Formuzis. Cross examination lasted a couple of minutes.
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ABC7 Court News ?@ABC7Courts 40m
Dr. Formuzis said it depends how wrong the numbers are. "It would be a proportional degree of errors," he said.
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ABC7 Court News ?@ABC7Courts 41m
In cross examination, Sabrina Strong asked if Mr. Erk's projections are wrong, whether his calculations have no meaning.
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ABC7 Court News ?@ABC7Courts 41m
Dr. Formuzis did not calculate how much the loss of love, companionship to the children and Katherine Jackson.
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ABC7 Court News ?@ABC7Courts 43m
Tier 1 range:
$919,366,479 - $723,523,742 (7% to 18% discount rate)
Tier 2 range:
$187,564,227 to $101,639,514 (7% to 18% discount rate)
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ABC7 Court News ?@ABC7Courts 44m
Total includes tour earnings, merchandising, endorsement, Las Vegas show, LV royalty, professional fees (at 15% rate), personal consumption
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ABC7 Court News ?@ABC7Courts 45m
Present value:
$108 ticket price
7% - 919,366,479
10% - 856,002,240 -- Dr. Formuzis chose
15% - 768,026,177
18% - 723,523,742
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ABC7 Court News ?@ABC7Courts 48m
The lower the discount rate, the more net money left. The lowest discount rate Formuzis used was 7%. He calculated 10, 15 and 18% as well.
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AEG had invested approximately $34 million, so they had confidence they would get that money back, Dr. Formuzis said.
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ABC7 Court News ?@ABC7Courts 49m
Dr. Formuzis used 7-10% discount rate. Panish said AEG has an expert calculating 18% discount rate.
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For present value calculation, Dr. Formuzis said you subtract interest and personal consumption to arrive at current figure.
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ABC7 Court News ?@ABC7Courts 50m
Dr. Formuzis is only assessing present value of economic loss, not non-economic, like love, companionship.
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ABC7 Court News ?@ABC7Courts 51m
Dr. Formuzis has been doing present value calculation for almost 50 years, about 40 years in wrongful death cases.
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ABC7 Court News ?@ABC7Courts 52m
Dr. Formuzis is not giving an opinion on what loss would be regarding movies and other things Erk didn't calculate.
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Dr. Formuzis: Some people have the power to make money, ability to make money, but are not doing so
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ABC7 Court News ?@ABC7Courts 52m
"Most individuals have capacity, or ability, to earn money," Dr. Formuzis explained.
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ABC7 Court News ?@ABC7Courts 53m
Dr. Formuzis was asked to take the income projection created by Mr. Erk and to take those projections and discount them to present value
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ABC7 Court News ?@ABC7Courts 54m
Panish asked if he knows anyone more qualified than him to testify in his field. Dr. Formuzis said no.
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ABC7 Court News ?@ABC7Courts 54m
Has been retained against Panish's firm too, Dr. Formuzis said.
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ABC7 Court News ?@ABC7Courts 55m
Dr. Formuzis has worked with Panish before. He testified for Panish between 20-30 times, was retained between 50-100 by Panish's firm.
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ABC7 Court News ?@ABC7Courts 55m
Dr. Formuzis has been qualified as expert witness in at least one thousand cases and had cases in several states in the US.
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ABC7 Court News ?@ABC7Courts 56m
Dr. Formuzis has consulted for the Los Angeles commission, several private banks, attorneys involved in wrongful death cases for 40 years.
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ABC7 Court News ?@ABC7Courts 56m
Dr. Formuzis is a former Cal State Fullerton professor. He worked at the Federal Reserve in various capacities.
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ABC7 Court News ?@ABC7Courts 57m
Dr. Formuzis has a Ph.D in Economics. He described his extensive background and qualifications in the field.
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ABC7 Court News ?@ABC7Courts 57m
Video deposition ended. Plaintiffs called their next witness, Peter Formuzis. Brian Panish did direct examination.
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ABC7 Court News ?@ABC7Courts 59m
On June 22nd, he started to wean him off, Koskoff said. That seems to be more accurate description to what was in the report, Dr. Brown said
Expand
ABC7 Court News ?@ABC7Courts 1h
Koskoff talked about the police report where Dr. Murray said he gave MJ Propofol every night for 60 nights up until June 21st.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said Jacksons' attorneys never told him to testify to something he wasn't comfortable with.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown doesn't know how much dopamine is released, but said he could check the numbers.
Expand
ABC7 Court News ?@ABC7Courts 1h
The effect of anesthesia could last several days, Dr. Brown said, and that's currently under study.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: The person may not be the same as they went in. In fact, you don't want the patient to be awake like before a painful surgery.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: You may have different levels of being awake.
Expand
ABC7 Court News ?@ABC7Courts 1h
In order to maintain sedation, Propofol is given to induce and retain sedation, then decreased to bring the person back, Dr. Brown said.
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ABC7 Court News ?@ABC7Courts 1h
"You can be there for several days," Dr. Brown said regarding induced coma.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said there's a difference between anesthetizing someone into a coma and someone being in coma from head injury.
Expand
ABC7 Court News ?@ABC7Courts 1h
Cahan: And those people don't die as lack of sleep?
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ABC7 Court News ?@ABC7Courts 1h
Cahan: Can someone be in a profound coma and live?
Dr. Brown: Yes, many years, there are many cases of that
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he was asked to help understand the mechanism of how Propofol work, not asked to analyze Mr. Jackson's behavior.
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Dr. Brown: That's not something I've looked in to
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Cahan: Have you been able to determine how much Propofol MJ was given in the months prior to his death?
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"I have no way of knowing what Dr. Murray did every night when he treated Michael Jackson," Dr. Brown said.
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Cahan asked if Dr. Brown believe Dr. Murray gave MJ Propofol for 60 days prior to his death, according to the LAPD interview.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: I noticed some inconsistencies of what he (Murray) said we administer (Propofol) and what he said wasn't correct
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ABC7 Court News ?@ABC7Courts 1h
The implication of anesthetics as something that has implication on a patient's sleep if not under my purview, Dr. Brown explained.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown explained the typical anesthetic has at least 10 drugs. To try to ascribe the effects of Propofol would be exceedingly naive.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he has not queried his patients about their sleep pattern after anesthesia.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: And I think I've done that. The effects of anesthesia and sleep are not under my purview.
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Dr. Brown: One of the reasons I agreed to become part of this case was that I wanted to make it clear what the anesthetic does the brain.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he doesn't know what the source was for Dr. Czeisler's 60 days figure. He also noted he's not a sleep expert.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he read Dr. Czeisler's trial testimony and in there the figure of 60 days, or two months, was mentioned.
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ABC7 Court News ?@ABC7Courts 1h
The doctor said Dr. Murray's statement was not consistent with the autopsy levels.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he believed Dr. Murray's statement that he only gave a small amount of Propofol to MJ the day he died to be false.
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ABC7 Court News ?@ABC7Courts 1h
One of the things Dr. Brown reviewed was Dr. Murray's interview with LAPD, in which the doctor said MJ was taking Propofol for 60 days.
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ABC7 Court News ?@ABC7Courts 1h
"I was under the understanding the night he died was not the first night he used Propofol," Dr. Brown testified.
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ABC7 Court News ?@ABC7Courts 1h
He said there have been a number of sources for this information, such as the press, high levels of Propofol in his blood at time of death.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said his understanding is that MJ was using Propofol for many days, so MJ must've had some perceived benefit.
Expand
ABC7 Court News ?@ABC7Courts 1h
"He was not having a restful sleep if he was using Propofol as a sedative for sleep," Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
"Good feeling" reaction is a well-known effect of the Propofol, Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Only now studies have been able to determine the release of dopamine associated with Propofol. The study was done in rats, not human.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said release of dopamine can cause what some people could interpret as refreshed, invigorated, some people say euphoria.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said he's trying to give a lay explanation of what the sensations are, so lay people can understand it.
Expand
ABC7 Court News ?@ABC7Courts 1h
In cross examination, Kathryn Cahan asked about the difference between euphoria and good feeling after using Propofol.
Expand
ABC7 Court News ?@ABC7Courts 1h
Brown: Propofol releases dopamine that can be interpreted as refreshed sensation of natural sleep. But Propofol cannot produce natural sleep
Expand
ABC7 Court News ?@ABC7Courts 1h
Propofol causes release of dopamine, Dr. Brown said. Dopamine is kind of like endorphin we hear, it gives you this good feeling.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown said patients commonly report feeling good, feeling refreshed after being administered Propofol.
Expand
ABC7 Court News ?@ABC7Courts 1h
"For surgery, need to add drug for pain," Dr. Brown explained.
Expand
ABC7 Court News ?@ABC7Courts 1h
The mild sedation makes patient unconscious, unaware, you can be unaware to pain, provides some component of analgesia, Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
For colonoscopy, for example, the procedure is not that painful but uncomfortable, Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
"To be clear, Propofol can produce a small part of it (analgesia), makes you unaware," Dr. Brown explained.
Expand
ABC7 Court News ?@ABC7Courts 1h
"Propofol produces the unconsciousness state of general anesthesia," Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr Brown explained for light procedures Propofol is sufficient to produce mild muscle relaxation. For surgery they add muscle relaxant too.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: With Propofol you get unconsciousness, you get amnesia, you can't remember. For pain, you need an analgesic.
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: You achieve unresponsiveness with Propofol.
Expand
ABC7 Court News ?@ABC7Courts 1h
"The first criteria of being under sedation is to be unconscious that you can't be awaken," Dr. Brown said.
Expand
ABC7 Court News ?@ABC7Courts 1h
"It overwhelms the sleep and respiratory circuit, cortex," Dr Brown explained. He said it's not possible to go between REM and non-REM sleep
Expand
ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: When you give Propofol, it comes in, knocks out all of the circuits, including respiratory circuit, and the cortex.
Expand
ABC7 Court News ?@ABC7Courts 1h
Propofol will not produce sleep, Dr. Brown said.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Brown: To REM sleep, all the circuits shut down. The control center tells the entire system to shut down; cycle takes roughly 7-8 hours.
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ABC7 Court News ?@ABC7Courts 1h
In order to fall asleep, Dr. Brown said you need to shut the brain down.
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Dr. Brown drew a picture how the sleep circuit works. To be conscious, you have to be awake and have to be able to process, Dr. Brown said.
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There's no REM or non-REM sleep under sedation or general anesthesia, Dr. Brown explained. Patients don't go under regular sleep patterns.
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Dr. Brown said sedation, general anesthesia, medical coma is not sleep.
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Dr. Brown: Once you are done, you bring them out of induced coma.
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Dr. Brown explained medical coma: you give enough drugs to go down to a state, hold you there to give a chance for the brain to heal.
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Dr. Brown said there's no way in the world that you can have the normal sleep patterns while under sedation.
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Dr Brown: During sleep you have natural oscillation of states. On general anesthesia we bring you to a stage and hold you there for surgery
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When you sleep, you go into non-REM stage 1, then stage 2 non-REM sleep, stages 3 (slow waves) and 4 sleep non-REM sleep and REM sleep.
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Non-REM -- heart rate slower, breathing a little more regular
Sleep is two states: rem and non-rem
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REM: eyes are moving, brain somewhat in a wake state, body somewhat paralyzed, heart beat irregular
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Koskoff: How about doctors using Propofol as an agent to produce sleep?
Dr. Brown: They would be tremendously mistaken
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Dr. Brown said it's easy for doctors to tell patients they are going under sleep, but his article was exactly to clear up the language.
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Koskoff: Is the state of the brain under Propofol sleep?
Dr. Brown: It is not sleep
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No one had taken the time to put general anesthesia next to sleep next to coma to compare the relationship of the states, Dr Brown explained
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Dr. Brown studied the effects of Propofol in relation with sleep. One of the articles is "General Anesthesia, Sleep and Coma."
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Dr. Brown is not board certified in sleep medicine. He said Dr. Czeisler is world renowned in sleep medicine and circadian rhythm.
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Dr. Brown: The infusion rates found in MJ's autopsy are the same infusion rates when given Propofol for major abdominal procedure.
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Dr. Brown said he published a paper regarding guidelines of use of Propofol.
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Michael Koskoff: Do you agree with that statement?
Dr. Brown: In terms of levels that were there, I do.
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MJ autopsy indicates the amount of medication (Propofol) is similar to what is found in general anesthesia.
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He has been studying Propofol for the past 7 years. Dr. Brown doesn't think there's any other person who has studied the drug more than him.
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Dr. Brown said Propofol is quite potent on a cc to cc comparison with Valium and benzodiazepines.
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Dr. Brown explained:
Induce anesthesia - put person in coma
Maintain anesthesia - as infusion maintains it
Sedative - manage level of pain
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Dr. Brown uses Propofol in almost all the patients he has. It's the most commonly used anesthetic all around the world.
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Propofol is one of the anesthetics Dr. Brown uses. He reviewed MJ's autopsy and the drug was found in his system.
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Dr. Brown said there's tendency to call general anesthesia sleep, but it's not sleep, you wouldn't be able to tolerate surgery under sleep.
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He said you give drugs to induce coma, more to maintain it during the surgery, then reduce to have patient come back.
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Dr. Brown said coma is a state where patient is unable to receive and respond to stimulus.
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"General anesthesia is a type of coma, it's a reversible coma," Dr. Brown said.
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Dr. Brown said the heart rate, blood pressure, breathing and temperature are under control in order to go into surgery.
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Dr. Brown: General anesthesia consists of 4 behavior and physiology status: unconscious, analgesia (no pain), not moving, amnesia.
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In MJ's case, it's a general anesthesia/sedation case.
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Anesthesia can be different, Dr. Brown said: general anesthesia/sedation and regional anesthesia.
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Dr. Brown has given depositions before, but has not testified in court.
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Dr. Brown billed $1,000/hour and asked to donate the funds to Mass General Hospital. The total: $75,000 donated to Mass General Hospital.
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He has written around 140 or so articles for professional journals on medical matters.
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The first 20 minutes of Dr. Brown's testimony was detailing his qualifications.
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Dr. Brown is board certified in anesthesia. He belongs to several professional societies and publications in the field.
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He's also on the faculty of Sleep Medicine Dept at Harvard, did his medical thesis under Dr. Czeisler, who testified earlier in the case.
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Among many of his current jobs, Dr. Brown is an Associate Director at Institute for Medical Engineering Science at MIT.
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He detailed his extensive background in the medical field. Dr. Brown is a practicing anesthesiologist, works at MIT in Massachusetts.
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Plaintiffs called Dr. Emery Brown by way of video deposition. Dr. Brown is an anesthesiologist and practices in Boston, Massachusetts.
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Hello from the courthouse in downtown LA. Day 51 of Jackson family vs AEG trial has concluded. Katherine Jackson not in the courtroom today.
qbee
Proud Member
Jacksons vs AEG - Day 52- July 19 2013 - News Only (no discussion)
Jacksons vs AEG - Day 52- July 19 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 52 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
Jacksons vs AEG - Day 52- July 19 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 52 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
Michael Jackson's mother begins testimony in LA
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FILE - In this April 27, 2011 file photo, Katherine Jackson poses for a portrait in Calabasas, Calif. Jackson is expected to be the final witness Friday, July 19, 2013, in the plaintiff’s case against AEG Live LLC. The Jackson family matriarch is suing the company, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009. (AP Photo/Matt Sayles, File).
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FILE - In this April 27, 2011 file photo, Katherine Jackson poses for a portrait in Calabasas, Calif. Jackson is expected to be the final witness Friday, July 19, 2013, in the plaintiff’s case against AEG Live LLC. The Jackson family matriarch is suing the company, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009. (AP Photo/Matt Sayles, File)
Associated Press ANTHONY McCARTNEY 1 hour ago
CelebritiesArts & Entertainment
LOS ANGELES (AP) — Michael Jackson's mother told jurors Friday that she is suing the promoter of her son's ill-fated comeback concerts to find out the truth about his death.
Katherine Jackson, 83, said it's been difficult to listen to some of the testimony about her son during a 12-week trial, saying she's a private person by nature.
"I leave the spotlight for my children," she said.
"A lot of the things that have been said are not the truth," Katherine Jackson said. "He's not here to speak for himself"
The Jackson family matriarch sued AEG Live LLC, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009.
She has been a courtroom fixture, sitting in the front row of the courtroom as witnesses have described her son's creativity and interactions with AEG Live executives.
AEG denies it hired Jackson's doctor or bears any responsibility for the singer's death.
Katherine Jackson said she would do her best to speak for Michael Jackson during her testimony Friday.
LikeDislike
FILE - In this April 27, 2011 file photo, Katherine Jackson poses for a portrait in Calabasas, Calif. Jackson is expected to be the final witness Friday, July 19, 2013, in the plaintiff’s case against AEG Live LLC. The Jackson family matriarch is suing the company, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009. (AP Photo/Matt Sayles, File).
View gallery
FILE - In this April 27, 2011 file photo, Katherine Jackson poses for a portrait in Calabasas, Calif. Jackson is expected to be the final witness Friday, July 19, 2013, in the plaintiff’s case against AEG Live LLC. The Jackson family matriarch is suing the company, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009. (AP Photo/Matt Sayles, File)
Associated Press ANTHONY McCARTNEY 1 hour ago
CelebritiesArts & Entertainment
LOS ANGELES (AP) — Michael Jackson's mother told jurors Friday that she is suing the promoter of her son's ill-fated comeback concerts to find out the truth about his death.
Katherine Jackson, 83, said it's been difficult to listen to some of the testimony about her son during a 12-week trial, saying she's a private person by nature.
"I leave the spotlight for my children," she said.
"A lot of the things that have been said are not the truth," Katherine Jackson said. "He's not here to speak for himself"
The Jackson family matriarch sued AEG Live LLC, claiming it failed to adequately investigate the doctor convicted of giving her son an overdose of anesthetic in 2009.
She has been a courtroom fixture, sitting in the front row of the courtroom as witnesses have described her son's creativity and interactions with AEG Live executives.
AEG denies it hired Jackson's doctor or bears any responsibility for the singer's death.
Katherine Jackson said she would do her best to speak for Michael Jackson during her testimony Friday.
Anthony McCartney ‏@mccartneyAP 23m
We're about to go back into court. Here's another story link http://yhoo.it/16OQqAe _ it should update throughout the day.
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Anthony McCartney ‏@mccartneyAP 26m
Mrs. Jackson explained that when MJ named his son Prince, it wasn’t a King of Pop reference. It was a family name.
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Anthony McCartney ‏@mccartneyAP 27m
Katherine Jackson She was born in Alabama. Her father’s name was Prince and she described his singing talents.
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Anthony McCartney ‏@mccartneyAP 32m
So far, much of Mrs. Jackson's testimony has been biography. She has mentioned how hard the case has been, cited an AEG Live email once.
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Anthony McCartney ‏@mccartneyAP 32m
Plaintiff’s attorney Brian Panish did the questioning of Mrs. Jackson. He escorted her to the witness box, helped her with the microphone.
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Anthony McCartney ‏@mccartneyAP 33m
We're on a short break in Jackson vs AEG Live trial.
My story so far on Katherine Jackson's testimony is here: http://abcn.ws/130rhBk
View summary
Anthony McCartney ‏@mccartneyAP 2h
Just a note to followers, I'll post stories and updates when possible. I can't tweet or send anything out from inside the courtroom.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Katherine is sitting in her usual front seat row, with nephew Trent next to her. She’ll take the witness box once court resumes.
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Anthony McCartney ‏@mccartneyAP 2h
We’re about to go in session in Jackson vs AEG Live trial. Katherine Jackson is in court and will be testifying this morning.
We're about to go back into court. Here's another story link http://yhoo.it/16OQqAe _ it should update throughout the day.
View summary Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 26m
Mrs. Jackson explained that when MJ named his son Prince, it wasn’t a King of Pop reference. It was a family name.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Katherine Jackson She was born in Alabama. Her father’s name was Prince and she described his singing talents.
Expand
Anthony McCartney ‏@mccartneyAP 32m
So far, much of Mrs. Jackson's testimony has been biography. She has mentioned how hard the case has been, cited an AEG Live email once.
Expand
Anthony McCartney ‏@mccartneyAP 32m
Plaintiff’s attorney Brian Panish did the questioning of Mrs. Jackson. He escorted her to the witness box, helped her with the microphone.
Expand
Anthony McCartney ‏@mccartneyAP 33m
We're on a short break in Jackson vs AEG Live trial.
My story so far on Katherine Jackson's testimony is here: http://abcn.ws/130rhBk
View summary
Anthony McCartney ‏@mccartneyAP 2h
Just a note to followers, I'll post stories and updates when possible. I can't tweet or send anything out from inside the courtroom.
Expand
Anthony McCartney ‏@mccartneyAP 2h
Katherine is sitting in her usual front seat row, with nephew Trent next to her. She’ll take the witness box once court resumes.
Expand
Anthony McCartney ‏@mccartneyAP 2h
We’re about to go in session in Jackson vs AEG Live trial. Katherine Jackson is in court and will be testifying this morning.
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